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11/04/192927 - MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, HELD IN THE COUNCIL CHAMBERS ON THE 4TH DAY OF NOVEMBER, AT THE HOUR OF 8:00 O'CLOCK P. M. Mayor Hammerl called -the meeting to order with Aldermen Collet, Ahbe, Heesch, Suster, minder, Schlagel, Lacey, Schroeder, and :nabb answering to roll call'. Alderman Ensenbacher being absent. Alderman Knabb moved that the minutes of the regular meet ing held October 21st, 1929 and those. of the special meeting held October 28th, 1929 be approved as written. Alderman Collet seconded this motion and the same carried by vote of acclamation. The following report was submitted by the -Judiciary and Assessments Committees Des Plaines, Illinois, October 21, 1929. To the Mayor and City Councils Tour Committee on Judiciary has investigated the above and has founds That this property has been delinquint for a number of years, having paid no general taxes or special assessments. It has been the general practice for some time back to ask the sum of Twenty-five Dollars for a quit claim deed on each fifty foot lots. We, your Committee on Judiciary, therefore recommends That a price of #50.00 be asked for a quit claim deed on the above mentioned lots and that the Mayor and City Clerk be authorized to execute same on payment of the above amount. Signed, Committee Hobart M. Ahbe John B. Collet George i. Kinder Alderman Heesch moved that the report of the committee be accepted. Alderman Schlagel seconded this motion and the roll was called with the following results: Ayes, Aldermen Collet, Ahbe, Heesch, Suster, Kinder, Lacey, Schlagel, Schroeder and ltnabb.. None voting Nay, the Mayor declared the motion carried. Des Plaines, Illinois, October 21, 1929. To the Mayor and City Councils Your Committee on Judiciary has investigated the above and has found: We recommend that the offer of Mr. Joh* Lace for a quit claim deed be accepted, as this will help clean up this property and again put it on a tax paying basis. We, your Committee on Judiciary, therefore recommend: That the Mayor and City Clerk be authorized to execute a quit claim deed on payment of the amount specified above. Signed, Committee Hobart M. Ahbe John B. '%ollet George W. Kinder 28 Alderman Collet moved that the report of the committee be accepted. Alderman Schroeder seconded this motion and the roll was called with the following results: Ayes, Aldermen Collet, Abe, heesdh, Buster, Kinder, Sohlagel, Lacey, Schroeder and linabb. Bone voting Nay, the Mayor declared the motion carried and the report accepted. The report of the Police Department covering the activities for the month of October was read and ordered placed on file. The report of the collections through the City Clerk's office for the month of October was read and ordered referred to the Finance Committee. The report of the City Treadurer for the month of October was read and referred to the Yinance Committee. Alderman Suster stated that the financial condition of the Police and License Fund was bad, and stated that business licenses should be collected if the Police Department was to function for the balance of the year, The Streets and Sidewalks Committee had no report to make at this time. The Public Works, Fire, Building and City Plats Committee submitted the following report: Des Plaines, Illinois, Nov. 4th, 1929. To the Mayor and City Council: Your Committee on Public Works, Fire, building and City Plata recommend that the Zoning Ordinance be amended to prohibit the *Dickey Type* of residence construction to apply to area district *A*. We, your committee on Public Works, therefore recommend: Signed, Committee Chas, J. Schroeder Edd. R. 6chlagel Alderman Schlagel moved that the report be accepted. Alderman Knablo seconded this motion and the same carried by vote of acclamation. The question of amending the ordinance establishing the fire limits was laid over until a later date. The Sewer, Drainage and Sanitation Committee has no report to make at this time. The Water and Water Maine Committee had no report to, make at this time. Second reading of an ordinance. AN ORDINANCE BE IT ORDAINED by the Mayor and City Council of the City of Des Plaines, Cook County, Illinoies SECTION 1: That the report of the Finance Committee concerning the litigation of W. L. Thorne, be and the same is hereby accepted and approved. SECTION 2: That David B. Maloney, Attorney for the City of Des Plaines, be and he is hereby directed and authorized to consent to an immediate hearing of 29 the case of W. L. Thorne against, the City of Les Plaines pending in the Circuit ‘%ourt of Coax County as Mo. B-100236, and to permit a judgment to be entered against the City of Des Plaines for $6,829.10. Section 41 That the Mayor and city Clerk of the City of Des Plaines be and they are hereby authorized and directed to make and execute a bili of sale to W. L. Thorne for the pipe now in place in the said well north of and adjacent to the City Pumping Station on Dee Plaines Avenue upon which the said work was rendered by the said'''. L. Thorne, together with pump in, place in the well east of the Des Plaines River located 192 feet southeasterly of the center of the City Water Tower the said pipe and pump no longer being necessary or useful to the City of Des Plaines, and that the sale of the said pipe and pump to the said W. L. Thorne will be of benefit to the City of Les Plaines. Section 4: That this ordinance shall be in full force and effect from and after its passage and the approval thereof according to law. PASSED this day of October, A.D. 1929. AYES: NAYS: APPROVED this day of October, A.D.1929. Mayor of the Cil ty of Des Plaines, Cook County, Illinois. ATTESTED and FILED this day of October, A. D. 1929. City Clerk. Alderman Knabb moved that the ordinance be passed as read. Alderman Collet seconded this motion and the roll was called with the follow- ing results: Ayes, Aldermen Collet, Ahbe, H eesch, Suster, Kinder, Schlagel, Lacey, Schroeder and Knabb. bone voting May, the Mayor declared the motion carried and the ordinance passed as read. time. Alderman Euaenbacher arrived and took his seat at this First reading of: AN ORDINANCE PROVIDING FOR A SUPPLEMENTAL ASSESSMENT NECESSARY TO PAY THE COST OF WORK AND THE LAWFUL EXPENSES ATTENDING THE SAME TOGETHER WITH AN AMOUNT ESTIMATED BY THE BOARD OF LOCAL IMPROVEMENTS TO PAY'THE DEFICIENCY IN ACCRUING INTEREST ON BONDS AND VOUCHERS ISSUED IN ANTICIPATION OF THE COLLECTION OF AN ASSESSMENT FOR CONSTRUCTING A SYSTEM OF CONCRETE SIDEWALKS IN FOREST AVENUE AND OTHER STREETS AS PROVIDED IN AND BY THE PROCEEDINGS IN THE COUNTY COURT OF COOK COUNTY, ILLINOIS KNOWN AS DES PLAINES- SPECIAL ASSESSMENT #81. Aiderman Heesch moved that the Ordinance be put on for passage on first reading. Alderman Collet seconded this motion and the roll was called with the following results: Ayes, Alderman Collet, Ahbe, Heesch, Suster, Alnder, Schlage4,,Lacey, Schroeder, Anabb and Enzenbacher. Bone voting Nay, the Mayor declared the motion carried. Alderman Heesch then moved that the Ordinance be passed as read. Alderman Collet seconded this motion and the roll was called with the following results: Ayes, Aldermen Collet, Ahbe, Heesch, Buster, Kinder, Schlagel,Lacey, Schroeder, Anabb and Eznenbacher. None voting Nay, the Mayor declared the motion carried and the Ordinance passed as read. First reading of: AN ORDINANCE AMENDING SECTION 615 OF ARTICLE 2 OF CHAPTER 17 OF THE MUNICIPAL CODE OF THE CITY OF DEB PLAINES BY REVISING THE SAME Same was laid over for second reading. Fir t reading of: AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOR AND BEHALF OF THE CITY OF DES PLAINES, A gun CLAIM DEED TO LOT 3 OF BLOCK 2 OF IRA BROWN'S ADDITION TO DES PLAINES, TO JOHN LACE. Same was laid over for second reading. First reading of: AN ORDINANCE AMENDING *THE MUNICIPAL CODE OF THE CITY OF DES PLAINES OF 1928* BY REVISING ARTICLE II OF CHAPTER XVIII THEREOF Same vas laid over for second reading. Alderman Schroeder brought up the matter of the Water seeping in the basement of the quillici Building at the south- west corner of Ellinwood and Center Streets, and said that perhaps by arranging to correct this condition the vestion of the *500.00 suit could be settled. Alderman Heeach stated that the water leakage and the question of the *500.00 suit were two different matters, and that they would have to be settled as such. The matter was left with the Public Works Committee for a further report. The following communication from the American Legion was read at this time. October 28th, 1929. layette O. Merrill, City Clerk City Hall, Des Plaines, illinois. Honorable Mayor and Members of the City Councils The American Legion is planning a short Armistice Day program, and request the pleasure of your presence at the Ameridan Legion Home at 10:00 A. 11. Monday, November Il.th, 1929. Hoping you all will be able to attend, we are Yours very truly, AMERICAN LEGION POST NO. 36 by Geo. H. Eck Commander. Alderman Enzenbacher moved that as many members as possible be designated to attend the services to be held Armistice Day. Alderman H eesch seconded this motion and the same carried by vote of acclamation. The Finance Committee submitted the following report. RESOLVED THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO ISSUE THE PROPER WARRANTS ON THE CITY TREASURER IN PAYMENT OF THE SANE. M. A. .0ehrens John B. Collet John Suster George Kinder Victor Lacey George Enzenbacher Fayette 0. Merrill 3. W. Koenig Meyer Coal & Mat. Co. B. Y. Kindera s Sons Melvin Heaver H. Reilly /. Fritz, J. Mergenthaler 1i. Minnich John Wetendorf % Frank (Isobel Lund Brothers Despls. Motor Sales Albert Gniot John Fisher Marvin Wells Bernice Snyder R. Nance Lagerhausen Lb r. John Barchard George Lahannes National Lead Co. B. Y. Kinder's Sons & Co 98.91 15.00- 15.00" 15.00 u 15.00 15.00 125.00" 80.00 50.16 .90 82.50 80.00~ 80400- 16.00- gr- 0.00- 16.00-grA 4.50- 10.94. 75.00- 19.20~ 4.85- 38,W 115.20- 87.50 40.00- 5.00 al 11.0 5.00- 5.00 41.10" 7.26- Charles Hammerl Hobart Ahbe Henry Heeseh Ydd H. ochlagel 1has. Schroeder 'Lee . lnabb le. A. Bremer & Sons John G. Mario ff Peter 2irsch & Sons Christ Wegner Raymond Hammeri E. Meyer . imig G. Hintz Alma Nissen George Meyer Harold Jarnecke Meyer Coal & Mat. Co Despls. 'fire & Bat. John Wetendorf Wilson Ockerby Frank Fisher Despls. Tire & Bat. LudIov lilve Co. Joe Lunriiss John Langener Neptune Meter Co. Despls. Motor •ales Hose Palmer $ 25.00- 15.00- 15.00. 5.00- 15.00- 15.00" 15.00- 15.00- 15.00- 20.25. 5.0015.00-15.0020.25" 56.00- 75.60' 100.00- 82.50- 80.00" 00.00"82.50"80.00" 12.00" 10.00' 24.00. 15.94. 75.00- . 54.80. 29.93- 20.94" 9.93M20.94" 60.00" 80.00- 15.55- 18.96. 0.00- 13.35a18.96. 5.00. 5.004 231.00- 6.60- 15.00- Alderman 31.0©,6.6015.00- Alderman Collet moved that the resolution be adopted. Alderman Ahbe seconded this motion and the roll was called with the follow- ing result: Ayes, Aldermen Collet, Ahbe, Heesch, Buster, Kinder, Schlagel, Lacey, Schroeder, Knabb and Enzenbacher. None voting Nay, the Mayor dellared the motion carried and the resolution as adopted. The Finance Committee then submitted the following report. Des Plaines, Illinois, Oct. 28th, 1929. To the Mayor and City Council: Your Committee on Finance has investigated the above and has founds Due to the condition of finances of the City 32 we will not be able at this time to accept any part of this liability as we would'not be in a position to meet these payments. We, your Committee on Yinance, therefore recommend: At a later date the City could assume a share of this expense however at this time it would be out of the question. digned, Committee, Henry Aeesch Add Xt, chlagel Lee B. Anabb Alderman Ahbe moved that the report of the committee be accepted. Alderman Enzenbahher seconded this motion and the same carried by vote of acclamation. The Finance Committee then submitted the following report. REPORT OF THE FINANCE COMMITTEE TO THE CITY COUNCIL OF THE CITY OF DES PLAINES. .14 Your Committee, to whom was.referred the communi- cation of the Attorney for the City of Des Plaines in connection with the liability of the Treasurer of the City of Des Plaines for deficiency in accounts of the treasurer, respectfully reports that it has investi- gated the question, and from such investigation finds that the funds of the city of Des Plaines up to May 1st, 1929 were #43,189.10 overdrawn—that is to say, that the moneys collected by the City of Ales lolaines for certain trust funds were misappropriated and were used for the payment of general expenses of the City of Des Plaines to that amount. The investigation further disclosed that the City Treasurer of the City of Des Plaines failed to keep a separate account of the special assessment and trust funds as required by statute, and that the Treasurer failed to keep the accounts of the City in a sufficient or businesslike manner; that the Treasurer, in the opinion of your Committee, grossly neglected his duty as such treasurer, and that as a result of such gross neglect of duty in permitting the accounts to be so withdrawn, has jeopardized the financial standing of the City of Des Plaines and has placed the'City in a position where it is unable to pay its bonds as they will become due and payable. It has also made the City liable for the payment of special assessment bonds which otherwise would only be collectible out of the special assessment fund; that the failure of the City Treasurer to protect the funds of the City of Des Plaines and the credit of the City was unjust- ified and inexcusable. Your Committee, therefore, recommends that the City of Des Plaines institute suit against the former treasurer of the City of Des Plaines and his bondsman for the sum of #43,189.10, being the moneys diverted from the purpose for which they were received by the treasurer of the City of Des Plaines, and that David g. Malauey, Attorney for the City of Des Plaines be directed to institute such proceedings, and that he be allowed reasonable compensation for services rendered in connection with the said litigation. neapec tfully submitted, Henry P. Heesch Edd R. achlagel Lee R. Knabb Finance Committee. Alderman Buster moved that the report of the committee be accepted. Alderman Schroeder seconded this motion and a lengthy discussion followed. Alderman Ahbe was favorable to submitting a bond issue to the people to cover the deficit mentioned. Mr. Maloney spoke of the appropriation ordinance and the tax levy ordinance and then outlined the City Treasurer's duties and stated that in his estimation the pregious treasurer had not followed his official duties by allowing the money in his care to be deposited in one bank account and checked out of same without his knowledge. Alderman Enzenbacher stated that one of the pledges of the taxpayers party was to clean up all Lawsuits and debts which had been accumulating against the Git,y for years, and that it was further the duty of the Aldermen t• protect f .e.. taxpayer. Mayor Hammerl stated that -mistakes could -be made andAnb doubt were being made now, but that the state of affairs regarding finances was bad, and that it was time for a correction in methods. He further stated that the attitude of the previous City attorney regarding payment of bonds from special assessment funds was also wrong, and that he hoped all these matters could be corrected. Following the dis- cussion which several of the other Aldermen entered into, the roll was called with the following results: Ayes, Aldermen Collet, H eesch, Buster, Sohlagel, Schroeder, Knabb and Enzenbacher. Nays, Aldermen Ahbe, Kinder and Lacey, whereon the Mayor declared the motion as carried and the report as accepted. The City Ulerk then read the following resolution: RESOLUTION WHEREAS, the City of es Plaines heretofore instituted proceedings in the County Uourt of Cook County, Illinois, for the making of a special assessment for the construction of a system of water mains in Maple Street and other streets and avenues, which proceeding is known as Des Plaines Special Assessment No. 108; AND WHEREAS, an assessment roll has been filed in said proceeding, and an assessment against the property affected by said improvement has been c onfirmed, except as to some few reductions and as to the property re- presented by Frank L. Tuttle; AND WHEREAS, a contract has been awarded to henry Rees & Sons for the construction of the improvement contemplated in said proceeding; AND WHEREAS, the aggregate amount of the assessments against property described in said assessment roll as forfeited is more than #S0,0O0; AND WHEREAS, after deducting said amount assessed against forfeited property and other necessary deductions, there is a deficiency of approximately $15,000.00 to pay the contractor for the work to be done, THEREFORE, BE IT RESOLVED by this Board that upon the completion of said improvement, and the determination of the actual cost thereof, if it is found that there are not sufficient assessments against non -forfeited property in said proceeding to pay the said contractor for'his work, this Board will proceed immediately upon his re- quest, 6r the request of any holder of any bonds or vouchers issued for the making of said improvement, to make a supplemental assessment for the payment of said deficiency so as to immure the collection of sufficient assessments to pay thejaonds and vouchers issued to said contractor. STATE 01" ILLINOIS COUNTY OF COOK S8. CITY OF DES PLAINES) 1, William S. Gaede do hereby certify that I am the duly qualified and acting secretary of the Board of Local Improvements of the Uityr of Iles Plaines, Cook County, Illinois and that tie foregoing is a true and correct copy of a resod tion passed by said Board of Local Improvements at meeting thereof, held in said City of Qes Plaines, on the 25th day of July, 1927; That said meeting at which said resolution was passed, was duly called, held and convened according to the laws of the State of Illinois, the ordinance of the City of Des Plaines andthe rules and regula- tions of said Board of Local Improvements. I DO FURTHER CERTIFY that the resolution of which the foregoing is a true and correct copy is of record, and on file in my office, and that I am the keeper of the same. (Written In) W. J. Gaede secretary of the Board of Local Improvements of the Uity of Des Plaines, Illinois. Record of Vouchers held by us on which we are very anxious to collect the amounts stated thereon. Voucher 431 on Spec. Ass. 4108 Dated Nov. 14, 192i-411,345.34 Voucher 313 on Spec. Ass. 4134 Dated June 18, 1928-- 2,201.50 Voucher 11 on Spec. Asa. 4116 Dated July 25, 1927-- 55.00 Voucher 22 on Spec. Ass. 4108 Dated Oct. 10, 1927 3,000.40 (There is yet due on this voucher $472.00 plus interest from Dec. 10, 1928) Following the reading of the resolution, Alderman Heesch stated that the difficulty which the present City Council was in was not understood by the layman. He further stated that the public did not seem to realize the question of shortage in funds in Special • Assessment Accounts. He further stated that he wished the news- paper reporters present would report the meetings as they were, printing facts and statements rather than critizing action® of the Council. The resolution was referred to the Finance Committee and the City Attorney to submit a report on same at the next Board of Local Improvement Meeting. The question of revising the License Pees was discussed at this time and the question of compensation for the revision of the code was also discussed to some extent, following which the matter was referred to the Yinance Committee for their report. There being no further business to come before the City Council at this time on motion duly made, seconded and carried *he meeting adjourned.