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11/18/19571 LL/0/57 5 5 9 Aldermen have been furnished copy of a suggested ordinance for the creation of the office of City Administrator and defining the powers and duties of the incumbent, this ordinance for the consideration of the Council if it should concur in the foregoing recommendation that we arrange to have a City Administrator. /s/ S. E. McKay, Ch /s/ Sydney B. Wexler /s/ A. Prickett On a motion by Alderman McKay and second by Prickett the Council concurred in the report. FIRST READING CITY ADMINISTRATOR ORDINANCE. The Clerk read for first reading the above ordinance. APPRAISAL OF-HIGGINS WATER COMPANY. The Clerk informed the Council he had placed a copy of Higgins Water Company appraisal on their desks which he received from Chapman and Cutler. The Mayor informed the, Council there would be a discussion on Administrator Ordinance next meeting. rra There will be the first meeting on 1958 Appropriation Ordinance November 27, 1957. p Meeting of Elm Tree Disease Committee November 12th. p:!`a Meeting of Sanatation Committee November 13th. On a motion by Alderman Rateike and second by Dunlap the Council extended bid on demolishing North School to December 2, 1957. 1 1 City Clerk to notify Public Service to remove meter from North School. Alderman Dunlap was excused and left the meeting. Septic tank granted for,Telephone Company at Lee Street and Touhy Avenue. On a motion by Alderman Wright and second by Martin the Council granted installation septic tanks at Lee and Touhy Avenue for the Telephone Company. STREET LIGHTS. Superintendent Warnicke was instructed to notify Public Service Company to install lights at Scott and Chase Streets and at Cedar and Jarvis Streets. The Mayor referred to the Plan Commission and Municipal Development Committee to review the extending of City Plan east and north of the present City Limits. ADJOURNMENT. The motion was made by Alderman Nelsen and second by Prickett to adjourn. The motion was voted upon by acclamation. Otto J. Henrich — City Clerk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS HELD IN THE COUNCIL ROOM, CITY HALL ON NOVEMBER 18. 1957 eft 8:00 P.M. CALL TO CEDER. The meeting was called to order by Mayor Herbert H. Behrel with Alderman Neff, Wexler, Martin, Figard, Prickett, Tistle, ]4felsion, Bell, Callaghan, Rateike, Dunlap, Tures responding to roll. • APPROVAL OF MINUTES. The motion As made by Alderman Prickett and seconded by Figard to approve the adjourned minutes of October 28, the regular meeting of November 4, and adjourned meeting of November 8, 1957. The motion was voted upon by acclamation. OFFICIAL REPORTS. The Clerk submitted the.report of the City Treasurer for October. The Clerk read the following reports I am pleased. to. inform you. that after.. some._consultations _.with__the successor attorney for. the plaintiffs. in .the .case. entitled. Gniot v. , City.. of . Des. Plaines, 5 6 O 11/18/57 that the same has been dismissedin the Circuit Court ..of_.Cook .County.. The plaintiffs in this case have decided to try to make.. aozne..amicable ..arrangements concerning their desired zoning by petition to the Zoning Board and ultimately to this Council, rather than proceed with this lawsuit. This was a cane to void the residential zoning which we had applied to the Gniot property at the southeast and southwest corners of Wolf and Rand Roads in Des Plaines. Yours very truly, /a/ Marshall S. Howard • The Mayor ordered the report placed on file., RAIZSHEAD COMPANY ALLEY. Alderman Bell reported that the Municipal Development Committee investigated and found M. Edward Smith recommended as a possible appraisor for the Ramahead property and requested $75.00. We, therefore, employed the above appraisor for the purpose indicated. The Committee recommend the acceptance of the suggested market price as suggested. Contbur Saws Inc. be informed by this decision. Plat be approved after payment of the amount of $2,600.00 as appraised. On a motion by Alderman Bell and second by Neff the Council concurred in the recommendation. BOARD OF LOCAL IMPROVEMENTS - ORCHARD PLACE STREETS. Aldermsnn Bell reported the Board of Local Improvements had approved to have the City Attorney draw proper ordinance for paving of Orchard Place streets. Resolution to include Railroad 'Avenue, in paving plan and to be considered on 40 per cent side yard benefit basis. On a motion by Alderman Bell and second by Callaghan the Council approved the recommendation. FIRE AND POLICE COMMISSION TO APPOINT TWO MORE FIREMEN. On a motion by Alderman Tistle and second by Figard the Council approved to have the Fire and Police Commission appoint two firemen from eligible list and promote two more firemen to lieutenants for the first of the year and the City Attorney to amend the Fire Department ordinance. REQUEST FOR WATER IN ORCHARD PLACE. On a motion by Alderman Tures and second by Dunlap the Clerk was instructed to send a copy of the Engineer:Fletcher estimate for installation of water mains in Orchard Place to the petitioner Mrs. William Weiland, 1724 Morse Avenue. On a request of Alderman Martin the Mayor referred to the Plan Commission a request to move a house back on same lot account of toll road. Plan Commission to consider a building line as there may be other requests. PARKING AT CUMBERLAND. Alderman Nelsen made the following teportss Your committee has investigated the above and has founds the matter be included in an overall study of parking at the cumberland railroad stationand surrounding area. The objective ahould'be to eliminate commuter parking on residential streets and highly dangerous Northwest Highway. 2 suggestions which might solve this are angle parking on Broadway and further negotiations with Susan & Co. to develope part or all of the Northwestern right of way imeidiately a. W of the cumberland railroad station. Referred back to Parking Committee. /s/CWN The traffic'congestion and pedestrian peril normally created by parking in the center of a street does not warrant blocking the center of Broadway for parking. We recommends the matter be referred the streets committee to consider paving the center of the street to provide angle parking on one or both sides of Broadway. /s/ CWN On a motion by Alderman Nelsen and second by Dunlap the reports were referred as recommended. BOXES FOR FINES ON PARKING METERS. Alderman Nelsen made the following report: 1 1 1 11/18/57 561 Your Committee has . found the.. suggestion. of. putting .-boxes. _for. payment. of ..fines on parking. ineters .18 good and.should.be.given further. consideration. . We recommend: surplus funds are not available at this time. _When considering alternate investtente of Parking Revenue funds the committee feels the highest 'and best use of these funds is further expand and deve.ope the parking facilities. /s/OWN On a motion by Alderman Nelsen and second by Rateike the Council concurred in the recommendation. The Mayor referred the item back to the Parking Meter Committee to check on cost of boxes and envelopes. At Alderman Martin's request the Parking Meter Committee should get a report from, the Police Department on percent of fines being paid. Alderman Nelsen reported that the commuter parking area of the railroad lot is receiving play to render it unecomonical to reduce the rates in order to fill the few remaining stalls. The commuter rate remain at 25 center per day. At Alderman Neff'a request the Mayor referred to the Parking Meter Committee to see .about eliminating some meters in Parking Lot 2 for free parking. Alderman Nelsen requested that the revising of the 1948 parking meter ordinance be referred to the Parking Meter Committee and City Attorney. MEYER COAL COMPANY.' Alderman Wexler read the'foliowing report: Your committee on Judiciary had referred to it the proposed offer of Meyer Coal Co. (copies of which are attached in writing) to terminate pending suit entitled City of Des Plaines -vs- Meyer Coal and Material Co. This offer of settlement has been reviewed by the committee and by a representative group of.the residents whose property adjoins the Meyer Coal yard. Your committee recommends that the best interest of the city would be served by accepting the terms -of this offer and .that .the Mayor ._.instruct Marshall Howard as attorney for the City of Des Plaines, to prepare the necessary decree for approval by the court and to..terminate the proceedings. /s/ S., E. Wexler /s/ R. M. Dunlap On a motion by Alderman Wexler and second by Callaghan the Council approved to have Marshall Howard prepare the necessary decree for approval by the court and to terminate the proceedings in accordance with the agreement. CITY CODFh. Alderman Wexler read the following report: . Your committee on Judiciary had referred to it the question of what changes should be made in the existing ordinance obligating the Mayor 'to vote. The Committee has investigated this matter and finds that a recent statute passed by the State Legislature, Chapter 24 Section 9-44 requires that the Mayor shall vote (1) Where the vote of the aldermen has resulted in a tie; (2) Where one- half of the aldermen elected have voted in favor of an ordinance, resolution or motion even though there is no tie vote, and (3) Where a vote greater than a majority of the corporate authorities is required to adopt an ordinance, resolution or motion. Your committee therefore recommends that the city attorney draft an ordinance amending Section 1.2 of the City Ordinance and any other pertinent ordinance of the City of Des Plaines, incorporating the effect of the new State statute. /s/ S. B. Wexler, Chairman /s/ R. M. Dunlap On a motion by Alderman Wexler and second by Dunlap the City Attorney was instructed to draft an ordinance amending the Section 1.2. Alderman Wexler read the following reports Your committee on Judiciary had referred to it the question of.the applicability of Section 2.9, Rule 24 and finds that the provisions of this rule requiring a contract or resolution to lay on the table for at least seven (7) days is no longer required by the Illinois State Statutes. Your committee therefore recommends that the city attorney draft an ordinance repealing Section 2..9, Rule..24. of .the..Ordinances of the .City. of..Des. Plaines. /s/ S. B. Wexler /s/ R. M. Dunlap p 5 6 2 11/18/57 On a motion by Alderman Wexler and second by Dunlap the City instructed to draft an ordinance repealing Section.2/9, Rule Attorney was 24. DREDGING OF WELLER CREEK. Alderman Callaghan read the following letter: With reference to our proposal dated November 5, 1957, we agree to'the following revisions in connection with the quotations submitted for Unit No. 5: 1,729 lin. ft. Dredging to be performed on "Time and Material" basis with a maximum of $13832.00 based on the unit price of $8.00 per lin.Ft., with the understanding that approximately one held of the material excavated between stations 0' to 9412' shall be hauled from the site, and•the remaining material deposited and spread along the top of the south bank on which the equipment will be operating. The Owners will agree to assume all responsibility for damage to their property, and will make the neceasary arrangements with the respective public utility companies for re-routing, disconnecting or replacment of poles and overhead utility lines in such manner that our operations will not be unduly delayed or interfered with, and will assume all costs assessed by the respective utility companies or others in this connection. The unit prices quoted for tee removal and hand trimming of remain unchanged. slopes will In view of the above change, the deduction authorized in the event all five units are awarded will be an amount equal to five (5) per cent of the total contract amount, instead of $1,964.70 quoted in our proposal. We trust that you will find the above agreeable. Yours very truly, /s/ Doetsch Bros. The motion was' made by Alderman Callaghan and seconded by Martin that the project be started on the $9,000.00 appropriation which had been made but only after contract is approved with negotiations made by Engineer Fletcher to eliminate the paragraph about public utilities. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman Wexler, Martin, Figard, Prickett, Tistle, Bell, Callaghan, Rateike, Dunlap, and Tures. Nays: None. The Mayor declared the motion carried.' The motion was made by Alderman Callaghan and seconded by Dunlap to appropriate an additional $8,317.25 for the dredging. The Mayor put thelquestion and the Clerk called the roll with the following results: Ayea: Alderman Wexler, Martin, Figard, Prickett, Tistle, Bell, Callaghan, Rateike, Dunlap and Tures. Nays: None. The Mayor declared the motion carried. APPROVAL OF BILIS. Alderman Prickett presented the following resolution: BE IT RESOLVED BY THE CITY 'COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME Total $16,085.72. ( A co of the resolution placed before each Alderman and on file with the City Clerk). The motion was made by Alderman Prickett and seconded by Martin to adopt the resolution. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Wexler, Martin, Figard, Prickett, Tistle, Bell, Callaghan, Rateike, Dunlap and Tures Nays: None. The Mayor declared the motion carried. TRAFFIC COMMISSION REPORT ON CHICAGO AND NORTHWESTERN PARKING LOTS. The Clerk read the following reports Your request to the Traffic Commission was received by this Committee together with a request to study the survey made by the Plan Commission were received November 4. In reference to the parking lots contemplated on the north and south side of the Chicago and North Western Railway, your committee recommends that both these lots be improved for parking purposes. 1 11/18/57 5 6 t Traffic Commission.letter continued: In regards to the Plan Commission survey which was made.by them last August, your Traffic Commission would be *able to make such a survey in the time allotted to them to give you a comprehensive report. With the addition of the lots 7 and 8 plus the space gained in Parking Lot No. 1, if adopted, would give an additional space of 98 cars as plan submitted. With the improvement and installation of the Park Place Parking Lot, we do not feel that an immediate survey would accomplish anything at this time but would await the completion of the Park Place Lot and Lots 7 and 8, at which time your Traffic Commission would be willing to undertake such a survey as • outlined in the Plan Commission survey. Respectfully submitted, /s/ Charles F. Forberg, Chairman On a motion by Alderman Wexler and second by Prickett the Council accepted the report and the Mayor referred same to the Plan Commission. TAGGE-GNIOT PROPERTY. WOLF AND RAND ROADS REZONING. The Clerk submitted the Zoning Board report denying the rezoning of the above property. On a motion by Alderman LC Callaghan and seconded by Martin to concurr in the recommendation. On a motion by Alderman Bell and second by Rateike the report was referred to the Municipal Development Committee. ‹T 2522 ASHLAND AVENUE REZONING. The Clerk submitted the recommendation of the Zoning Board on the 1522 Ashland Avenue property to rezone to"Multi-Family" granting the rezoning. On a motion by Alderman Prickett and second by Callaghan the report was referred to the Municipal Development Committee. 1 1 p8O-9OQ GRACELAND AVENUETO "LIGHT INDUSTRY". The Clerk submitted the recommendation of zoning Board on the above recommending rezoning. The motion was made by Alderman Bell and second by Callaghan to concur in the recommendation. The Mayor put the question and the clerk called the roll with the following results: Ayes: Alderman Neff, Wexler, Martin, Figard, Prickett, Tistle, Bell, Callaghan, Rateike, Dunlap and Tures. Nays: None. The Mayor declared the motion carried. CITY ADMINISTRATOR LETTER. The Mayor read the following letter: I regret not being present when the ordinance for City Administrator comes ' up for second reading, which I assume will occur at meeting of November 18. Being absent I cannot vote on this important document, but I submit this message for the record. Some of you dislike the mandate in section 3 of the ordinance, that every effort must be made to acquire an Administrator from our own citizenry, that is, the citizenry of Des Plaines. This requirement, however, does give the City some protection from the danger of becoming a stepping -atone for a professional careerist. Others of you probably prefer a full-time mayor, or a mayoral assistant, or perhaps to go on as at present. A.good majority of you will, I think, agree that with a City Administrator conscientiously selected in accordance with the proposed ordinance and working under its terms, would give us a much more efficient operation than we now have. I am convinced the only way for us to achieve any positive action as this time is for us to adopt this ordinance as presented. I urge that it be adopted as written, without any major change. Any change at all in section 3, tending to so often the directive that every effort shall be made to find our Administrator in the City of Des Plaines I would consider a major alteration. If any such change is made, the ordinance should be defeated. /a/ S. E. Mctay The Mayor ordered the letter placed on file. It was agreed to hold the Administrator Ordinance to the December 2•meeting. ONE LAPSED WATER...BILL. .'At the .request of Alderman..Prickett and. second. by Bell the City Attorney is to draft an ordinance on one lapsed meter bill. - dui 11/18/57 ADOPT ZONING .ORD.INANCE - 880-900 GRACELAND. AVENUE, . Mr..Kenneth Meyer said his client would pay, the $2,600.00. for . alley vacation.. The. Clerk thenread for first reading. the zoning ordinance for the above property. The motion was made by Alderman Bell and seconded by Rateike to place the ordinance on passage. The Mayor put the question and the clerk called the roll with the following results: Ayes: Alderman Neff, Wexler, Martin, Figard, Prickett, Tistle, Nelsen, Bell, Callaghan, Rateike, Dunlap, and Tures. Nays: None. The Mayor declared the motion :tarried. The motion was made by Alderman Bell and seconded by Callaghan to adopt the ordinance. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman Neff, Wexler, Martin, Figard, Prickett, Tistle, Nelsen, Bell, Callaghan, Rateike, Dunlap and Tures. Nays: None. The Mayor declared.the motion carried. RESOLUTION DESIGNATING DEPOSITORY. The Clerk read the above resolAtion for depositing fluids in the,First National and the Des Plaines National Bank both in Des Plaines. On a motion by Alderman Martin and second by Rateike the resolution was referred the Finance Committee. REQUEST FOR WATER 2380 DEMPSTER STREET. The Clerk submitted a letter requesting City water at 2380 Dempster Street. The same was referred to the Water Committee. DELINQUENT WATER BILLS. The Clerk requests approval to remove 28 delinquent water bills total $233.75 from' ledgers. The Mayor referred same to the Finance amd Water Committee. DI MUCCI PARK LOT. The Mayor reported Mr. Arndt of the Park District inquired about the DiMucci Lot which was deeded to the City. He thought it should be deeded to the Park District. Also, the Loewenberg and Loewenberg Cumberland Village lot. The Mayor referred the matter to the Public Building and Grounds Committee. MAALEBRANCH PLAT. The Mayor referred the above plat to the Plan Commission. N. W. ATWATER LETTER ON THE NORTHWEST MOSQUITO ABATEMENT DISTRICT. The Mayor read the above letter: As appointed representative of the city of Des Plaines to the Board of Trustees of the Northwest Mosquito Abatement District, I wish to report on what I have learned of the operation of the district and how, it effects our city. The District is in the hands of an extremely capable Board of Trustees and a salaried Technical Director who runs the day to day operations in good fashion. The board is geographicbilly representative of the heavily populated center of the area with the exception of Des Plaines and Palatine (whose Board member recently resigned). The outlying cities of Elgin and Barrington ', which partly fall in this district, are not represented. The present Board member- ship has completely subjugated any small area interest to the successful operation of the whole district. This healthy, situation, of course, may not survive as new members are added and as the job of getting the organization on its feet is completed and there is more time for partisan thinking. Financially, the District is $49,000 in debt, but with sufficient funds on hand to meet expected expenditures until furthmtax money becomes available in June or July of.1958. It is presently expected that the debt can be eliminated completely in four or five years. This is a remarkable accomplishment when it is considered that operations began before receipt of any tax money and that the District now owns outright a piece of property in rural Wheeling with two permanent buildings and a shed, six trucks equipped with spraying apparatus and numerous tools and other accoutrements to the business. In addition to acquiring the property and equipment, a successful season of operation was completed. The.populated areas of the district were sprayed a total of seven or eight times, which under,_ ordinary conditions of rainfall would..be sufficient to keep the"adult mosquito population at a low level. The same.trucks that sprayed the residential areas at night were used in the daytime to spread.insecticide on ponds and marshes in order to kill larvae. Most important, a start was made toward improving drainage throughout the area and thus eliminating stagnant water, which acts as a breeding place for the insect. Much more must be done in this latter regard since this seems to be as near to the root of the .problem as it is possible to get. As to the outlook for the 1958 season, I believe the necessity of hiring outside sprayers will be eliminated. The District now owns two more trucks than were in operation during moat of 1957 and perhaps additional equipment can be purchased before the worst of the coming season. More frequent sprayings 1 11/18/57 5 6.5 Northwest Mosquito,Abatement .District Letter .Conti:u ed: will therefore be possible. It will probably be too early for results of. the basic drainage program to be felt but, in my opinion,. it is this undramatic function of the organization that will ultimately result in the greatest benefit to the taxpayers. Respectfully, /s/ Norman W. Atwater HUMAN RELATIONS COMMITTEE. The Mayor appointed Alderman Wexler, Chairman and Alderman Dunlap as members of the above Committee. The Mayor will also serve as a member. CHAMALAS CONTRACT. The Mayor referred Mr. Chawalea' contract to the Finance Committee regarding any additional funds to be paid. ALDERMAN NELSEN'S RESIGNATION. The Mayor read the following letter: Herewith submitted is my resignation as alderman of the sixth ward of Des Plaines, effective immediately. It is with deep regret that this resignation is tendered, however, having changed personal residence from the sixth to the second ward makes it mandatory c' that I step out as aldermanic representative. I take this opportunity to extend my sincere appreciation for having been able to serve the people of the sixth ward, and to have been a part of the city council of Des Plaines. 1 1 I am grateft4 for the cooperation of my fellow aldermen in matters which I proposed, and can unequivocally on•the council is beyond reproach. Sincerely yours /s/ Clifford D. Nelsen, Alderman 6th Ward The motion was made by Alderman Prickett and seconded by Bell to accept the resignation with regrets. Several of the Aldermen commented upon his service. The motion was voted upon by acclamation. ALDERMAN ELECTION. FEBRUARY ,. 1958. Sixth WARD. On a motion by Alderman Bell and second by Prickett the Council voted to hold the election February 4, 1958, to fill the vacancy. Mr. Geiger, Chairman of the Plan Commission was asked to speak about the sewer ordinance for subdivisions outside the City Limits. The Plan Commission will see about the drafting of an ordinance. The Mayor spoke about the meeting which was held in the Mayor's office before the Council meeting. Representatives of the Herzog Realty Company with their attorney were present and the Council made efforts to come to agreement regardtg the recording of the subdivision plat which had not been approved by the City Council. WELLER CREEK — MR. E. WILD. The motion was made by Alderman Tures and seconded by Callaghan to approve the appointment of Mr. E. Wild at a price of $1,000.00 to process the ceding of Weller Creek to the City of Des Plaines which in turn would then be annexed to the Metropolitan Sanitary District. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman Neff, Wexler, Martin, Figard, Prickett, Tistle, Bell, Callaghan, Rateike, Dunlap and Tures. Nays: None. The Mayor declared the motion carried. Alderman Martin asked the Mayor if he would contact the Chicago and Northwestern Railway about the early morning noise of warming of the engines in the Coach Yard east of Cumberland Terrace. Alderman Martin suggested the Aldermen notify the Building Commissioner of two family zoning violations. WATER MAIN AT DEMPSTER AND RAND ROADS TO BE, RELOCATED,. Engineer Fletcher reported about the above and on a motion by Alderman Tures and second by Prickett the City Engineer is to advertise bide to be returned December 2, 1957, 5b (3 11/18/57 Locomen Eley had reported to the Mayor that some: of the Parking.Lots property was not marked exempt from taxes on Assessors rolls. The Mayor referred to the Judiciary Committee regarding the filing of suits, to get injunctions against taxes on all City property. ADJOURNMENT. The motion was made by Alderman Tures and, seconded by Martin to adjourn. The motion was voted upon trAcclamation. Otto W. !. Henrich - City Clerk . MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, DES PLAI14ES, ILLINOIS, HELD IN THE COUNCIL ROOM, CITY HALL, CALL TO ORDER. The meeting was called to order by Mayor rbert A. Behrel with Alderman Martin, Figard, Prickett, Tistle,.Be11, McKay, Callaghan, Rateike, Dunlap Tures, Wright, Neff and Wexler responding to roll call. The Mayor informed the Council that Mr. Matousek from recorders office was present regarding the Herzog Plat case and asked Mr. Opeka to report. Mr. Opeka said the Clerk had his report and requested the report be read. The following is the report: I ' The above entitled cause was filed in the Circuit Court of Cook County under Document No. 57 C 16330. The Complaint as directed; was prepared on the basis that the plat of Waycinden Park did not carry the approval of the City Council and therefor should not have been registered. The prayer of the Complaint was for a temporary injunction to restrain the developer from selling lots from said plan and to restrain the Registrar from accepting any documents of conveyance as reflected by said plat of subdivision pending the disposition of the ultimate relief which is for a mandatory injunction to expunge the plat of subdivision from the Registrar's records because it did not comply withlthe statute and ordinance requiring approval by the corporate authorities of the City of Des Plaines. No temporary injunction request was made for the reason that the 'Registrar has cooperated to the extent that he would not accept any documents affecting said subdivision and for the further reason that the developer was unable to open any loans for the construction of buildings. The defendant Herzog then answered the Complaint and filed a Counter -claim for a mandamus to compel the City Council to approve the plat and to have it executed by the Mayor and City Clerk on behalf on the Council. My answer to the Mandamus petition consisted of a statement that there is no plat before the City Councii because of its physical removal by its defendant Herzog and therefore mandamus could not lie, said plat having previously been registered. The Court agreed that the Petition was not sufficient, however, the Court indicated that the Petition could be amended after a refusal of the City Council to approve said plat which presumably complies with all ordinance requirements of the City of Des Plaines (a transcript of the last proceedinga in Court is!submitted here- with), The Court further indicated that the defendant should submit the present plat to the City Council for its approval at its next meeting to!be.held on December 2, 1957 and that if the Council refused to approve aaidl.plat then a writ of mandamus might issue on Tuesday, December 3, 1957. The object for which my services were engaged was adoompliahed to the effect that the Registrar and Recorder will accept no plats unless they. meet the statutory requirements. The only question then remaining is whether or not the plat meets the requirements of the Des Plaines ordinance pertaining to subdivisions. It appears that the plat does meet all such requirements and in the absence of the requirement for a dual sewer system in the one and one-half mile:area, the Petition for Mandamus may be well founded and the City has no defense to offer thereto. Accordingly it is suggested that the plat be approved in accordance with the . resolution which is submitted herewith to maintain a victory gained and to legalize the registration of said plat. By that is meant that if the plat is approved by your body, the Registrar will -have to reregister said plat and give it a new number after which the suit can be dismissed the object having been accomplished. Respectfully submitted, /s/ Frank1M. Opeka