Answers to Questions
By THOMAS A. MATTHEWS, J. D., League Consultant
SUBMIT ALL QUESTIONS FOR INFORMATION IN WRITING

To Attorney, Palmyra:
"The enclosed ordinance on subdivisions will give you something to work from in preparing a subdivision ordinance for the village you represent."

To Alderman, Golconda:
"If a street was dedicated by plat, the city has the right to install pavements or otherwise improve that street. If the city council has directed that the street you refer to be improved, it is the duty of your Superintendent of Streets or whatever officer has charge of that work, to obey the instructions of the Village Board.

"The city is not required to tile a private driveway."

To Village Clerk, Tampico:
"The city may provide for the election of a Police Magistrate at any regular municipal election. When elected, the Police Magistrate serves tor a term of four years.

"Since your village apparently did not provide for the election of a Police Magistrate since 1920, you could provide for such election at your next regular municipal election and the man elected would serve for 4 years.

"In the meantime, you can call in any Justice of the Peace to hear ordinance violation cases, and the Justice could hear such cases in the village. There is no provision for appointing a Police Magistrate even in the case of a vacancy."

To Trustee, Pulaski:
"The statute providing for a minimum bond of $3,000 by a mayor does not have any limitations as to the size of the municipality involved and applies regardless of how small the municipality may be. The Village President's bond should be the same as that of a Mayor, since his powers and duties are the same.

"It is customary for the municipality to pay the premium on the bond and a bond of $3,000 for a Village President regardless of the size of the village is proper."

To Attorney, Polo:
"The matter of annexation is covered In Article 7 of Chapter 24 of the Revised Statutes.

"You will note that if the property involved is vacant— no person living on it—may be annexed by a simple ordinance upon presentation of a petition signed by the owner asking for annexation under Paragraph 7.6A.

"A copy of the annexing ordinance—which must be passed by a two-thirds vote—together with a map or plat must be recorded with the County Recorder of Deeds.

"A petition filed by the owners of more than half the property involved and by more than half of the electors residing therein may be acted upon in accordance with Paragraphs 7-2 to 7-5."

To Corporation Counsel, East St. Louis:
"We do not have a form of ordinance for regulating the construction, repair and use of drains and sewers that could be followed as a model.

"Ordinarily the construction of sewers and drains on the streets is done by or under the direct supervision of the city officials in accordance with specific plans approved for each specific job.

"In addition, there should be a general ordinance regulating connections with the public sewer and prohibiting the flow of harmful substances into the sewer. The enclosed might be of some help."

To City Clerk, Orient:
"The statute provides that there shall be six (6) aldermen—which means three (3) wards—in every city of less than 3,000 population; the number of aldermen can be cut in half so that there would be one alderman from each ward, after a referendum vote. Illinois Revised Statutes, Chapter 24, Paragraph 9-28.1."

To Alderman, Georgetown:
"The question raised in your letter of July 14th as to whether on the facts existing the city is liable to the owner of land claiming it is flooded because of your water reservoir, depends entirely upon the facts. If the maintenance of the reservoir actually does damage the complainant's land, the city might be liable. This matter should be discussed with the attorney for the city who can advise you after examining the situation there."

To Attorney, Shabbona:
"The statutes in Illinois do not specifically authorize an ordinance providing for entering on private property to combat the Dutch Elm tree disease.

"Some who have studied the situation think that a tree infected with Dutch Elm disease could be declared a nuisance and the powers of the village to abate nuisances could then be evoked. I share your inability to find any Appellate or Supreme Court decision on the question."

To Attorney, Bement:
"I think it is legal to pay a Village Treasurer a percentage of the amount he handles, up to two per cent.

"Ordinarily this is based upon the taxes or other money received by him, and not on the proceeds of the sale of a bond issue.

"I do not see how a Treasurer could be held liable for any misappropriation of funds provided he pays out city or village money only on warrants signed by the President and Clerk."

To City Clerk, Columbia:
"The Illinois Supreme Court has several times upheld the validity of an ordinance licensing and regulating food delivery vehicles, similar to the one you have in your code. I know of no recent legislation which would affect this situation."

To City Attorney, Pontiac:
"There is a Supreme Court decision to the effect that a city council may—at its next regular meeting following an action—reconsider that action. Technically, unless your rules of order prescribe differently—a motion to reconsider should be made by one who voted in favor of the measure that passed when it first was presented.

"Of course, if contract rights have arisen in the meanwhile I would presume that the motion to reconsider could not be made (See Kankakee vs. Small, 317 111. 55)."

Illinois Municipal Review 190 August, 1958

To City Clerk, Chester:
"Although an increase in the compensation of Aldermen was authorized in 1957, the ordinance increasing the pay, recently adopted, can apply only to those elected after the ordinance was adopted."

To Attorney, Arthur:
"Where there is a vacancy in the office of Village President the Board may appoint an Acting President (not President pro-tem) under Chapter 24, Paragraph 9-75 of the Revised Statutes; such an Acting President serves until the next regular municipal election unless a special election is held in the meanwhile to fill the vacancy.

"The Acting President has all the powers of one who is originally elected and the village may proceed with any business. I do suggest however, that your motion be to appoint an Acting President, not a President pro-tem."

To Trustee, Okawville:
"If the village plans to construct sidewalks by a voluntary agreement whereby the property, owner pays part and the village pays part of the cost, you should have, first of all, a set of specifications governing the construction of the sidewalk and a binding agreement between the village and the property owner before the work is done.

"Sidewalks may be put in by special assessment or special taxation proceedings, wherein the cost is assessed against the abutting owners.

"In either case you need the services of an engineer to recommend plans and specifications and the services of an attorney for the contract or the special assessment proceedings."

To City Clerk, Arcola:
"Municipalities do not have the power to prohibit persons from soliciting business or taking orders for future deliveries. They do have certain powers in connection with this activity, and the Illinois Municipal League published an article on the subject in the Illinois Municipal Review sometime ago. If you write to the Executive Office you will receive a copy of that article."

To City Clerk, Delavan:
"Fines for a violation of a city ordinance or for a state traffic violation occurring within the city where the city makes the arrest and prosecutes the case, are paid over to the city. However, a change in the law was made recently providing that the Justice of the Peace or Magistrate must in the first instance turn fines over to the county, and the county then remits them to the municipality. This does not affect the eventual disposition of the fines."

To Attorney, Falrfield:
"I do not know of any decision on the subject but my own interpretation of the Firemen's Pension Act is that service as a volunteer or part-time fireman does not count towards the service on a regular department necessary to build up pension rights. If you have reached a definite conclusion I would be glad to hear it."

To Attorney, Dolton:
"As I view it, the so-called motor scooter is a motor vehicle subject to license by the village. I do not know of any decision on the subject."

Illinois Municipal Review 191 August, 1958