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| THAT SHERIDAN ROADl’ â€" â€"VACATION _ _ _ L 1 P TOETEDOED 49 m aaiiirnmmerciiiraniin, Grachad CHC commissioner to be commissioner of accounts and finances * * *, one to be commissionâ€" er of streets and public improvements "‘.onehobeommissionaofpubliebulthand safety * * *, one to be commissioner of public property." ; fiuthewmmdduthdthfibofw&rkmwwhmd hmdnmthlnywud()..ip’ncs.gnflithmflfianymufiey "shall exercise" all those powers, and it is provided how powers and duties shall be commissioner to be commi 1 P bre . Unatbine be LEALLL 1020000 12 i. C COERWOICOL LRC MLayoT and the four Commissioners. Section 23 of that Act specifically provides that the Counâ€" cil "shall have and possess. and the council and its members shall exercise all the execuâ€" tive and legislative powers and duties" now possessed and exercised by the mayor, city councilandothudtyMMMofduaomnlzedundathefifiqandViL lages Act. In the same section it is provided that "the executive and administrative powers, authority and duties" shall be mmgfivewm In Section 24 of the Act it is provided that the mayor "shall be commissioner of public affairs and as such be superintehn:lmt of that dq:rtment." and that the council shall designate "one enmmiaginnar +4 Sm e n _ Eon e e m ce Lt Eim Eue M UR of Highlayd Park are sp ‘mey cannot ‘awlully employ and empowemany person to manage the City‘s affairs. The only means by which an Illinois city can employ and authorize a person to manage its affairs is by the adoption of the managerial form of. government under the Act of 1921 relating to that form of government. â€" The M:g.or and Commissioners of the City of Highland Park have no power to adopt the provisions of that Act for the City of Highland Park. They can only be adopted by a majority of votes cast at a special election called for that purpose pursuant to a petition of one tenth of the voters. This will be true even if the pending amendment to that Act â€" increasing the size of cities which may adopt the provisions of the Act â€" is passed by the General Assembly. fiaeisnomundaflnemvhiomofthe(?ommisxionFormofGflvmtAct of 1910 (under which the City of Highland Par_k is now organized and operating) by which the Mayor and Commissioners of the City of Highland Park can lawfully emâ€" ploy and authorize any person to manage the affairs of the City. â€" The City of Highland Park has only such powers as are delegated to it in i bgf_l)e_(}en_egléssunblyoffllinoi& All the powers delegated by the Act tn â€" The management of the affairs of a city necessarily involves the exercise of tionary powers and authority. The Mayor and Commissioners of Highland Park lawfully delegate discretionary powers and authority to any person. In conse they cannot lawfully employ and empowemany person to manage the City‘s affaj Dear Sir:â€" You have asked whether the Mayor and Commissioners of the City can lawfully employ and authorize a person to manage the City‘s af Opinion of David R. Clarke of the Firm of Fyffe & Clarke, Attorney Law on the question of the Employment and Authorization of a - City Manager For Highland Park o Dr. Robert R. Bosworth, 25 East Washington Street, Chicago, Illinois. . Coalition Ticket Publicity Committee i} 14 t _ °e pucc c h DCT bowers as are delegated to it in this Act y of lIllinois Al t_hefl:)g:ra dleleg:ct:d by the Mcfbtbem City specifically vested in uncil w is composed Mayor ners.MS:c‘fion 23_'of that Act specifically provides that the Counâ€" se a a MA en o U Li t 3 beszcerzze Reve FYFFE & CLARKE <& l Pfi â€"\93(329)‘ § A E. C, ATTORNEYS AT LAW 111 West Monroe Street CHICAGO nd its members shall exercise all the execuâ€" possessed and exercised by the mayor, city f cities organized under the Cities and Vilâ€" | & to manage the City‘s affairs. â€" necessarily involves the exercise of discreâ€" n lU W Eusn m . mland Park cannot . _ In consequence of Highland Park t 15, al The Mayor and the Commissioners of the City of Highland Park are required by law to exercise the powers conferred upon the City and to assume the duties and responsi~ bilities of their respective offices. They cannot lawfuily delegate this authority to anâ€" other person and they cannot lawfully avoid the duties and responsibilities which they assumed in heeomine anch a@inls _f in mnu_ TE CC t "Municipal corporations, such as cities and villages, are the creatures of the legislature, and can exercise such powers. and only such powers, as are exâ€" pressly conferred upon them by the law of their creation. or such as mnmqtoamintoeflectthep?mthuéxmbmtm. ° "‘Whmpovuiseonfurednmnpqrficuhrbodyornetofwbficofi- ddsundthemodeofitsexuduiswfieditambeewdsedbym bodywotberofiddsorinmymnudiflmtfmthtpointdmby mmwuk“‘Mthmhwwb& dtymndlthemmmbemdbyitumbbodyandmhm- dnwmyothabody.mmmhmbedde‘nledtootmbyit.“’” hehwmmhofityo!mymmphydbym-&oorandm« m%dWMthmhmehnhm as acts "which an officer or tri performs in a given state of facts, in a prescribed manner, in obedience to the te of legal authority, without régard to or the exâ€" ercise Of his own judgment propriety or impropriety of the act done." It has been held that a duty is ministerial "on when the discharge of the same requires neither the exercise ofofidaldicretionmrj&nent." \/ It isun?t cor:oeivnble that one so restricted could manage the affairs of a city or that he ann imntham e s HLEOL EL CR It is not conceivable that one so res he could fupction as a "city manager." It has been suggested that under Section 25 of the Act the Mayor and Commisâ€" sioners can appoint and authorize some person to manage the City‘s affairs. This proâ€" vision is not materiailly different from that contained in Section 2 of Article VI of the Cities and Villages Act â€" the act under which most cities in Illinois, including Chicago, are organized. SecfionzsoftheCommiasiontomofGovermnentActgivunomn authority to the Mayor and Commissioners of the City of Highland Park to employ and authorize a man to manage the City‘s affairs than Section 2 of Article VI of the Cities and Villages Act gives the Mayor and Council of the City of Chicago, or the Mayor and Council of any other city in lllinois, the power to employ and authorize a man to take over the management of their city affairs. There is no authority given the Mayor and Commissioners of the City of Highland Park by Section 25, or by any other provision of the Commission Form of Government Act .to delegate their powers and be relieved of their duties which are vested in them and imposed upon them by the Commission Form of Government Act. The Supreme Court of lllinois held in City of Sullivan v. Cloe, 277 Il. 56, at pages 59 and 60, as follows: o s â€" It has been claimed that Commissioner Cheney was benefitted by this vacation. An examination of the ~ plat is a complete answer to all reports of that character. The powers and duties so specifically vested in and imposed upon these officers with the requirements that they shall exercise them cannot lawfully be delegated to ‘any other person. divided between the Mayor and the Commiu"ioners. each of them being required to be the commissioner of one of the five departments qf the city government. â€". two hundred feet is closed to travel on ?ccount of its dangerous condition. was gone. The north end was entirely cut off from acâ€" cess't;o Fort Sl}\eridan. This portion of the road had ceased to be usable, and was closed to travel. The cost of restoration would be prohibitive. Such being the sitâ€" uation, the Council ordered its vacation as indicated. No other portion has been vacated though the north The plat herewith shows the condition of Sheriâ€" dan Road at the north city limits when it was vacated by the Council in 1922. Prior to 1915 it connected with a road on the reservation. In that year the Federa! auâ€" thorities closed this road at Oak Street. The face of the bluff had broken down until almost oneâ€"halfâ€"of the road in becoming such officials of the City. Yours very truly, , Attorneys at DAVID R. CLARKE.