ANSWERS to QUESTIONS

By THOMAS A. MATTHEWS, J. D., League Consultant
Submit All Questions For Information In Writing

To Attorney, Hinckley:
"The village could construct a building and rent portions of it to the Fire Protection District and the Township; I don't know of any statute authorizing the three bodies to jointly construct and finance such a building."

To Commissioner, Aurora:
"Municipalities do have the power to finance sewer improvements by a revenue bond issue. No referendum is required for such an issue but one can be demanded upon filing a petition calling for the referendum, after the ordinance has been passed.

"Quite a few municipalities have issued revenue bonds for such purposes. A charge is made to all users of the public sewer system if this is done, and the bond issue is paid out of the proceeds of this charge."

To Attorney, Crystal Lake:
"When Article 20 of Chapter 24 is adopted, putting a city under the managerial form of government without retaining the election of aldermen from wards, some aldermen do have their terms shortened because when the new city council takes over there would still be two years of their term to run. There is no constitutional provision against this so far as I know."

To Village Clerk, Kell:
"There is no authority for combining the office of municipal clerk and municipal treasurer, and I do not believe that they can be held by one person."

To City Clerk, Arcola;
"There have been numerous changes in the election law, passed at the 1957 session of the legislature which you will find covered in the Election Manual published by the Illinois Municipal League. I urge you to have a copy and study it now in preparation for the spring municipal elections.

"I agree with your method of computing the 60 days prior to election."

To Village Attorney, Dwight:
"Unlike the situation in cities where an alderman serves as acting mayor in the event of a vacancy in that office, in an aldermanic city the village board may fill a vacancy in the office of Village President by appointment.

"The person so appointed need not necessarily be a member of the Village Board.

"A trustee who serves merely as President pro-tem during the temporary absence of the Village President remains and votes as trustee. Where a trustee is appointed to fill the office of Village President, I believe he then is the Village President and entitled to the 'salary fixed for that office. In my opinion he' is no longer a trustee and a vacancy then exists in the office of trustee."

To City Treasurer, Belvidere:
"Illinois Revised Statutes, Chapter 24, paragraph 38-2 provides that the proceeds of the 2% tax on foreign fire insurance companies premiums shall be turned over to the Treasurer of the Fire Department for the use of the Fire Department. This is an antique provision, but it has not been changed.

"You should consult the corporation counsel of the city for specific application of this general rule to the facts referred to in your letter of November 7th, and follow his advice."

To Alderman, Wamac:
"There is a provision for making an unpaid water bill a lien on the premises served; where this procedure has not been followed, a new owner or occupant cannot be required to pay the bill of the former occupant.

"Your Attorney can advise you as to the method of making unpaid bills a lien on the premise's."

December 1958 / Illinois Municipal Review / Page 285