02281949PASS, ORDINANCE DIRECTING CLERK TO PUBLISH ORDINANCES,CONT'D. Kehe,
McKay, Halverson, and Morava. Nayes: Alderman Wolf . The Mayor thereupon__ declared
the motion carried and the proposed ordinance finally passed.
DR. A. A. FUHLBRIGGE, MEMBER OF DES PLAINES BOARD OF HEALTH, DIED FEB. 21, 1949.
Mayor Pflughaupt informed the Council of the death of Dr. A. A. Fuhlbrigge a member
of the Board of Health and instructed the Clerk to write a letter to Mrs. Fuhlbrigge
expressing the Councils regrets.
APPROVAL OF MINUTES. The motion was made by Alderman Baines and seconded
by Kehe to approve the minutes of February 7, 1949. The motion was voted upon by
acclamation whereupon the Mayor declared the motion carried.
ADJOURNMENT. The motion was made by Alderman Johnson and seconded by
Wolf to adjourn the meeting to Monday, February 28, 1949. The motion was voted
upon by acclamation whereupon the Mayor declared the motion carried and the meeting
adjourned to Monday, February 28, 1949.
(
(4/ ie,14An,d„
OTTO .. J. HENRICH
C CLERK
MINUTES OF THE ADJOURNED MEETING OF THE
CITY COUNCIL OF THE CITY OF DES PLAINES,
ILLINOIS, HELD IN THE COUNCIL CHAMBERS,
MONDAY, FEBRUARY 28. 1949, AT 8:00 P.M.
-GALL TO ORDER. The meeting was called to order by Mayor G. Walter Pflughaupt
who presided with Alderman Johnson, Hansen, Vavrinek, Wolf, Kehe, Harm, McKay,
Halverson and Morava, responding to roll call.
OFFICIAL REPORTS. The City Clerk submitted the annual report for 1948.
FINANCE AND SEWER COMMITTEE. Alderman Halverson, Chairman of the Sewer Com-
mittee reported the following:
The Finance and Sewer Committees have investigated the petition on Storm
Relief Sewer and have found that it contains the right amount of signatures, is in
proper formand meets the requirements of the law. We your Committee recommend
that a special election be called on March 22, 1949, Tuesday, to submit the
proposition as requested in the petition. Signed: Alderman Halverson, Kehe, Wolf,
Harm, and Vavrinek. Alderman Halverson requested the Clerk to read the opinion of
the City Attorney, which follows:
February 28, 1949
Honorable Henry Halvorsen
Chairman. Sewer and Water Committee
City of Des Plaines, Illinois
Dear Sir:
You request an opinion relative to the calling of a special election in the
matter of submitting the proposition of making improvements and, issuing sewerage
revenue bonds pursuant to petition filed with the City Council. You asked speci-
fically whether a special election may be called or if it is necessary that this
proposition besubmitted at the regular election which is to take place on April
19, 1949.
This is to confirm my verbal opinion given you and the various alderman
that a special election may be called, to be held prior to .the rsgular election. If,
however, no special election is called, to be held prior to the regular election,,
than it will be necessary to held an election on this proposition at the regular
election, because the peitition was filed within 90 days of the time of the next
regular or general election of the City.
This means that if a special election is not called, to be held prior
to the regular election, the proposition may be submitted at the regular election
and no special election can be called for this purpose after the regular election.
In as much as there is so much confusion in this regard, I have taken the
liberty of procuring an opinion from Chapman &.Cutler, a photostatic copy of which
is hereto attached and made a part of this letter.
FMO*AGH
Respectfully submitted,
Frank M. Opeka, Signed
City Attorney
1
1
LETTER FROM CITY ATTORNEY, CONTtD.
February 28, 1949
Mr. Frank M. Opeka,'City Attorney
City of Des Plaines
Des Plaines, Illinois
'Re: City of Des Plaines, Illinois, Sewerage
Revenue Bonds
Dear Sir:
We have your inquirey of February 25th, in the above matter, touching upon
the proceedings required by Article 60 of The Revised Cities and Villages Act with
particular reference to the meaning and application of election requirements set
forth in Article 60-4 thereof.
As we construe this section of the Statutes, we are impressed with the fact
that revenue bonds authorized thereunder are not required by the statute to be sub-
mitted to the legal voters for their approval upon the motion, or discretion, or
judgment of the governing body of the City; rather the right of the voters to vote
on sewerage revenue bonds and the improvements contemplated by such proceedings is
conditioned upon the filing of a petition lith the governing body requesting that
such proposition be submitted to the voters. When this petition is filed the statute
lays an obligation upon the governing body of the City to call a special election
"in the manner provided by law to vote upon that question." The statute then provides
if a general municipal election is held, or is to be held, within ninety days, then
such question shall be submitted at such general municipal election.
Obviously the legislature intended, in our view, to deny the'governing body
of any city the right to indefinitely postpone the submission of such a question
petitioned for beyond a period of ninety days from the filing of the petition. In
other words, we view this statute as requiring a city to promptly call a special
election when such a referendum petition is'filed, or g( to submit such question at
the next regular municipal election, whichever is to be held first, within ninety
days from the date of the filing of the petition.
Yours very truly,
Chapman & Cutler
PWC:PJP
The motion was made by Alderman Halverson and seconded by Kehe to concur
in the report. Alderman McKay spoke in opposition to holding the special election
favoring to hold the same frith the general election. Alderman Kehe and Wolf
spoke in favor of the special election. p% 0/1fl ;kNr WNA YVM/rj ief
004,01/sA/ iji;i/ Alderman Wolf thought it should not be confused with any other
election and if defeated that something new could be started. The Mayor put the
question and the motion was voted upon by acclamation.
PASS ORDINANCE FOR SPECIAL ELECTION. The City Clerk read for first reading
the following proposed ordinance entitled:
AN ORDINANCE providing for the
submission to the voters of the
City of Des Plaines, Cook County,
Illinois, the proposition of
making improvements and issuing
sewerage revenue bonds therefor
of said City at a special election
to be held in and for said City
on the 22nd day of March, 1949.
* * * * * *
The motion was made by Alderman Halverson and seconded by Johnson to suspend
the rules and pass the proposed ordinance. The Mayor put the question and the Clerk
called the roll with the following result: Ayes: Alderman Johnson, Hansen, Vavrinek,
Wolf, Kehe, Harm, Halverson, and Morava. Nayes: Alderman McKay. Absent: Alderman Baines.
The Mayor thereupon declared the motion carried the rules suspended and the proposed
ordinance before the council for final passage. The motion was made by Alderman
Halverson and seconded by Alderman Kehe to pass the proposed ordinance. The Mayor put
the question and the Clerk called the roll with the following result: Ayes: Aldermen
Johnson, Hansen, Vavrinek, Wolf, Kehe, Harm, Halvorsen and Morava. Hayes: Alderman
McKay. Absent: Alderman Baines. The Mayor thereupon declared the motion carried and
the proposed ordinance finally passed.
PUBLIC PROTECTION COMMITTEE. Alderman Johnson, Chairman of the Public
Protection Committee, reported the following: Your Committee investigated the
protection to school children regarding the letters from the Safety Council and
West Des Plaines Civic Ass'n., and recommend:
No. 1. The letter from the West Des Plaines Civic Assn. states there are
no warning signs along Wolf Road at Thacker Street. We find that there are two
"Slow" signs, one for each direction of approach to Thacker Street. However, the
State Hwy. Dept. has been contacted and additional warning signs will be installed.
Inasmuch as the City Council has approved the three locations recommended by the
Safety Council, in which the Wolf and Thacker intersection was not included, adult
crossing personel will not be available at this location.
No. 2. Additional caution signs will be posted on Thacker Street.
No. 3. The suggestion that telephone and light poles be painted diagonally
black and white in school areas would have to be taken up when the next appropriation
is discussed. This would involve considerable expense and no provision is made in
this years appropriation.
No. 4. The Police Dept. has been instructed to patrol this area as much
as possible and enforce the speed limit.
The motion was made by Alderman Johnson and seconded by Hansen to concur
in the report. The motion was voted upon by acclamation whereupon the Mayor declared
the motion carried.
Alderman Johnson, Chairman of the Public Protection Committee reported
the following:'
Your Committee has investigated the two items from Safety Council:
No. 1. Checking about removing shrubbery and trees from street corners.
No. 2. Lighting condition and guard rail at Miner and Des Plaines Avenue,
also railroad crossing.
Your Committee recommends the following:
No. 1. Submit herewith a list of what we consider hazardous corners. We
recommend that this list be turned over to the Supt. of Pub. Works to seek the
cooperation of the owners of the property involved to eliminate these obstructions.
(Letter from Chief Becker concerning the above.No. 1.)
February 26, 1949
Earl R. Warneke
Supt. of Public Works
Des Plaines, Illinois
Dear Sir:
As per request of the Public Protection Committee, we have investigated
and found the following corners to be hazardous as pertaining to trees and shrubs
limiting the visibility of the pedestrian and motorist,
North—west corner of Perry and River — Bushes
White and Whitcomb S.W. corner shrubs ea--private-property.
White and Campbell S.W. corner shrubs on private property.
White and Algonquin N.W. corner low trees, need trimming.
White and Oakwood S. W. corner shrubs and tree in parkway.
Bushes in alley on 5th Ave., just north of Seegers.
Bushes on Parkway on route #58 jut West of 5th Ave.
Bushes on Parkway on route #58 at 8th Ave.
H. A. Becker (Signed)
Chief of Police
No. 2. The crossing referred to is lighted by our ornamental system which
is not too effective. We therefore recommend that the Public Service Company be
requested to install an overhead light'at each of the Ellinwood and River Read
and Miner and River Road intersections.
No. 3. We feel that the guard rail already in place is adequate. IN
addition to this we recommend that a much'larger "No Left Turn" sign be erected
to replace the one recently installed on the S.W. corner of Miner and River Rd.
The motion was made by Alderman Johnsonand seconded by Hansen to concur
in the report. The motion was voted upon by acclamation whereupon the Mayor declared
the motion carried.
PASS ORDINANCE CREATING A SCHOOL PATROL COMMISSION. The Clerk read for first
reading the following proposed ordinance entitled:
AN ORDINANCE CREATING A SCHOOL
PATROL COMMISSION AND DEFINING
ITS DUTIES.
2o7
PASS ORDINANCE CREATING A SCHOOL PATROL COMMISSION, CONT'D. The motion was
made by Alderman Johnson and seconded by McKay to suspend the rules and pass the
proposed ordinance. The Mayor put the question and the Clerk called the roll with
the following f'esult: Ayes: Aldermen Johnson, Hansen, Vavrinek, ?golf, Kehe, Harm,
McKay,i}alvorsen and Morava. Nayes: None. The Mayor thereupon declared the motion
carried the rules suspended and the proposed ordinance before the Council for final
passage. The motion was made by Alderman McKay and %seconded by Johnson to pass
the proposed ordinance. The Mayor put the question and the Clerk called the roll
with the following result: Ayes: Alderman Johnson, Hansen, Vavrinek, Wolf, Kehe,
Harm, McKay, Halverson, and Morava. Nayes: None. The Mayor thereupon declared the
motion carried and the ordinance finally passed.
MAYOR APPOINTS SCHOOL PATROL COMMISSION. On motion by Alderman Halverson
and second by Johnson the Council approved the Mayor's appointment on the School
Patrol Commission the following:
Mr. Leslie Hedberg - One year.
Mrs. Naomi Eastland - Two years.
Mrs. Margaret Gustafson - Three years.
letter:
Alderman Baines made his appearance at this time.
REQUEST FOR QUIT -CLAIM DEED BY EDWARD R. CARLTON. The Clerk read the following
2/23/49
Mayor Pflughaupt and Members
of The City Council,
City Hall,
Des Plaines, Illinois
Gentlemen:
The Village of Riverview has a tax title by virtue of Tax Deed dated 8/30/1916,
Document 5940172, against:
Lot fourteen (14) in Block two (2) in Whipple's Addition to Riverview, a
Subdivision of the gest half of the South East quarter of the North East quarter of
Section 29, Township 41 North, Range 12, East of the Third Principal Meridian.
The lot is located at the Northwest corner of Prospect and Illinois Streets,
Des Plaines. It is 25' x 125', with a 15' alley in the rear. Present market value
is about *400.00.
There are delinquent real estate taxes and special assessments, for a number
of years back. I do not have a tax search on this lot, but can get the same if
necessary.
Title to this lot is in EDWARD R. CARLTON and ANNE HILLER CARLTON, not in
tenancy in common, but in joint tenancy.
I am in the process of selling this lot to Anton Charles Schwanbeck, of
1482 Prospect Avenue, Des Plaines, who owns lots 8-12 west and adjoining my lot.
I am to receive *65. for my equity in this lot. The sale is contingent upon my
getting the City of Des Plaines to Quit Claim its tax deed interest.
I am prepared to offer the City $10. for its quit -claim deed. It should
run to the names as above. This offer is better than the 05. offer made January 11,
1947, for 6 tax deeds, documents 4845211-24, 5059781-2-3; which offer was accepted
by the City, as I have the City's Quit Claim Deed dated September 2, 1947, to lots
26, 27, and 28, Block 1, in Ira Brown's Addition, Section 17-41-12.
Very truly yours,
Edward R. Carlton -Signed
The Mayor referred the letter to the Finance Committee.
TO ADVERTISE BIDS FOR WIDENING PRAIRIE AVENUE. The motion was made by
Vavrinek and seconded by Wolf to advertise bids for the widening of Prairie Avenue
from Lee Street to Laurel Avenue, bids to be returned by March 21, 1949. The motion
Was voted upon by acclamation whereupon the Mayor declared the motion carried.
C. & N. W. RAILROAD IMPROVE CUMBERLAND STATION. Alderman McKay commented
on the improvement of the Cumberland Station. He informed the Council that Mr.
John Gallup was instrumental in having this completed.
ADJOURNMENT. The motion was made by Alderman Baines and seconded by Wolf
to adjourn. The motion was voted upon by acclamation whereupon the Mayor declared
the motion carried and the meeting regularly adjourned.
kitohtn4d
OTTO J. HENRICH
CITY CLERK