To Village Clerk, Oak Grove Park:

"The village has the power to annex a street -which forms a boundary of the municipality, and upon such annexation the village would have control over that street as it does over any other streets; otherwise, municipal control extends to the boundary line."

To City Attorney, Carthage:

"I see no objection to using the provisions of Chapter 30, Paragraph 156 and following, for conveyance of cemetery property, unless there is something in the grant to the municipality—or in the particular cemetery act under which the city acquired the property—to prevent this."

To Village Clerk, Thawville:

"The village has no power to prevent the use of a building for a lawful purpose other than its power to establish a zoning ordinance and so regulate the use that may be made of any premises within the village."

To Corporation Counsel, Joliet:

"Whether the municipality may apply traffic rules to private alleys or other places that are not established as a public highway but nevertheless are open to the use of the public is a question that has not been settled in Illinois so far as I know.

"It might well be contended that a private alley, or even a parking area open to use by the public, is subject to traffic regulations the same as a public street. So far as I know, there is no decision on the subject."

To Alderman, Macomb:

"There has been no change in the law as to the right to stop cars at school crossings; but I would doubt the validity of an ordinance which would give children the authority to stop traffic at school crossings; adults may be made special police for the purpose.

"Signs may be placed by the city on any street other than a state highway at the discretion of the Council. The State Highway Division would have to be contacted for permission to put up signs on a state highway or for the distance from crossings recommended tor the location of signs."

To Attorney, Fairview:

"A municipality may issue General Obligation Bonds after a referendum for the purpose of making street improvements. Thereafter it may each year abate the tax for the payment of such bonds provided Motor Fuel Tax funds—or any other funds—are available to meet the principal and interest payments coming due.

"Such Bonds when issued have the same status as any General Obligation Bonds and a tax must be levied to pay them if other funds are not available. However, so long as the municipality receives its Motor Fuel Tax allotment, and so long as this allotment is sufficient to meet the interest and principal due from year to year, then the Motor Fuel Tax funds may be used for that purpose, and no tax to pay the bonds need be levied.

"Many municipalities have followed this practice of Issuing General Obligation Bonds for street improvements after having approval from the State Department for the use of the Motor Fuel Tax funds in the future to cover the expense of the property improvement. It the State approves the project, then the Motor Fuel tax received in the future may be used to pay the bonds and Interest. The municipality may, each year, direct the county clerk to abate the tax provided for in the bond ordinance."

To City Clerk, South Beloit:

"The rights of the city in connection with its easement for a sanitary sewer would depend upon the nature of the easement. That would call for a study by your city attorney of the judgment—or other means—by which the city acquired the easement.

"The handbook for municipal officials published by the Municipal League would be of assistance in connection with your duties as clerk; and the Municipal Review will contain shortly a copy of the talk I gave at the recent conference on the duties of a clerk. This too may be helpful to you."

To Village Attorney, Niantic:

"I think the municipality has the undoubted right to repair drainage tiles laid in the streets or sidewalks; most municipalities do not repair drains on private property.

"The general practice is for the municipality to do just what you did in the instance mentioned—pay for the share of repairing a drain—from the property line to the main in the street, letting the property owner pay for the repair of drains on his own property."

To Village Clerk, Palmer:

"If the original signed ordinances are properly kept in an ordinance book, it is unnecessary to have copies of the ordinances appear in the minutes."

To Village Clerk, DePue:

"Money received from the Retail Sales Tax cannot be spent except under a provision of the appropriation ordinance. An appropriation ordinance may be amended in some types of emergencies; I suggest that you contact your village attorney if you feel you have an emergency requiring an amendment to the appropriation ordinance."

To Attorney, Milan:

"I know of no authority directing on the question of the power of the village to prohibit carrying alcoholic liquors in motor vehicles except in the original sealed containers.

"I believe municipalities have this power under the authority to make traffic regulations not in conflict with the state law."

To Attorney, Lake Bluff:

"Illinois municipalities have no authority to limit, by ordinance, the municipality's liability for an accident resulting from defective sidewalks."

To Mayor, Harvard:

"Illinois municipalities, other than the city of Chicago, have no authority to license plumbers."

To City Clerk, Hoopeston:

"Where a vacancy occurs in the office of Police Magistrate, and there is more than one year of his term unexpired, the vacancy may be filled by special election, under Illinois Revised Statute, Chapter 24, Paragraph 9.7. The city council has no authority to appoint a successor.

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"The city's police court cases could be heard by any Justice of the Peace in the township."

To Attorney, East Alton:

"Although some municipalities refer to newly authorized policemen as probationary policemen, any policeman hired by a municipality under the Fire and Police Commissioners Act may be discharged only by the procedure set out in that act."

To City Attorney, DeKalb:

"I agree with your conclusion that the municipalities have no authority under the statute to license opticians. If any unlawful acts are being committed by opticians, that could be called to the attention of the State Department of Registration and Education."

To Village Clerk, Elsah:

"In general, any property owner has the right to trim trees which extend over his property. If a tree on village property were in a dangerous condition for a sufficiently long time that the village should know about it and should have corrected it, it is possible that the village could be liable for damage done by that tree.

"The question of liability in any particular case should, of course, be referred to your village attorney."

To Attorney, Hamilton:

"We do not have any forms for the issuance of Public Utility certificates under Article 49 of Chapter 24; and I do not know of any municipality which has issued such certificates during the past two or three years. Water Revenue Bonds and Sewer Revenue Bonds have been issued by quite a few, but I do not think that these would be of any particular assistance to you."

To Village Clerk, Thayer:

"When a vacancy occurs in the office of Village President, the vacancy may be filled by appointment by the Board of Trustees, which may appoint an Acting President who serves until the next regular election of the Trustees in the Village. At that time a President must be elected to serve the balance of the term.

"In your situation, the Trustees may appoint an Acting Village President who will serve until the regular election in 1959; at that time the vacancy should be filled for the remaining two years by election.

"Unlike the situation under the Mayor and Aldermanic form of government, if a Trustee is appointed Acting President, he from then on ceases to be a Trustee, and serves as President."

To Mayor, Toluca:

"As you will note from the proposed Traffic Ordinance issued by the Illinois Municipal League the Council may provide for acceptance of a specified sum as a compromise of the city's claim for a fine for a violation of a traffic ordinance; however, there is no authority for any police officer to make such a compromise without authority from the City Council."

To Attorney, River Forest:

"Although I know of no decision on the subject, it seems that action on the lien for delinquent water rents would be barred by the five year statute of limitations, and a lien that had been filed ten or fifteen years back would not seem to be a substantial cloud on the title to real estate."

To Attorney, Alton:

"I believe your practice of towing away automobiles that are illegally parked is legal, and I don't think it necessary to institute proceedings against the owner of the car to justify it. Towing the car away is not really inflicting a penalty for an ordinance violation but is removing a traffic hazard. This practice of towing away cars that are parked so as to be or cause a traffic hazard is becoming more and more common and unless abused I think it is almost necessary under present traffic conditions."

To Attorney, Brimfield:

"I share your view that it would not be necessary to have a two-thirds vote of the governing body in order to provide that the clerk shall also serve as collector.

"I have always construed 9-84 of Chapter 24 as meaning that the President and Trustees vote jointly in making an appointment, so that the appointment could be made by a vote of four Trustees even though the President does not vote on the matter."

To Councilman, Savanna:

"On the question of using water revenue for general corporate purposes, the municipality must be guided by the advice of its city attorney. Generally, in the absence of a specific provision in a bond ordinance prohibiting such use, the municipality may charge a certain amount against the water revenue as what might be called overhead for operating the water plant, and in addition may use water revenue for corporate purposes it it makes all payments required by the Bond Ordinance and keeps up the reserve fund required by it."

To Alderman, DeKalb:

"The question raised in your letter of the 11th should be discussed with your city attorney. I know of no authority for a municipality to regulate advertising by ordinance, or to attempt to prevent misleading newspaper advertising.

"The municipality has no authority to regulate optometrists."

To Trustee, Valmeyer:

"It is not clear from your letter of December 19th whether the special assessment bill you enclose—and which I am returning to you—is against property owned by the village. Apparently it is an assessment against the streets and alleys of the village—which is incomprehensive to me.

"Under certain circumstances, an assessment may be made against village owned property, but it would require an examination of the records to find out just what happened here. It seems to me that you are entirely justified in relying upon the decision of your village attorney."

ILLINOIS MUNICIPAL REVIEW—THE VOICE OF ILLINOIS MUNICIPALITIES 17