01/06/1930MUNTJTJ S OF THE REGULAR MEETING
OF THE CITs.COUNCIL-OF THE.CITY
OF DES PLA I%E S , HELD IN THE
COUNCIL "HA L ERS ON THE 6th DAY
O
JAZAAV, AT THE HOUR OF 8100
O' CLOCK F. M.
Mayor Hamtneri called the meeting to order with Alderman
Collet Ah be, Heesch, Suster, minder, Schlegel, Schroeder, Anabb and
Enzenbacher. Alderman Lacey being absent.
Alderman Schroeder moved that the minutes of the Regular
meeting held December 16th, 1929 and those of the adjourned meet-
ing held December 23d, 1929 be approved as written. Alderman
Collet seconded this motion and the same carried by vote of accla-
mation.
The report of the police.department for the month of
December 1929, and also for the entire year of 1929 was read and
ordered refered to the Police Committee.
The report of the City Clerk covering collections for
the month of December 1929 was read and refered to the Finance
Committee.
The report of the City Treasurer for the month of
December 1929 was read and refered to the Finance Committee.
The Judiciary and Assessment Committee had no report
to make at this time.
The Police and License committee had no report to make
at this time.
The Streets and Sidewalks Committee Submitted the follow-
ing report.
City Clerk
Des Plaines, 111. Jan. 6th, 1930
To the Mayor and City Council:
Your Committee on Streets & Sidewalks has investigated
the above and has found: The mushroom lights to be
more expensive than good to the traffic in our down-
town. streets,
We, your Committee on Streets & Sidewalks, therefore
recommend: That the mushrooms light in our street
intersections be discontinued for the present time
and removed.
JOBN B. COLLET
LEE B KNAD&
Signed, Committee.
Alderman Heesch moved that the report be accepted. Alderman Kinder
seconded this motion and the same carried by vote of acclamation.
The Public Works, i'ire, building and City Plats Committee
had no report to make at this time.
Alderman iinabb chairman of the Sewer, Drainage and sani-
tation Committee brought up the matter of placing the collection
service for Garbage and Ashen on the basis of Collection through.
General taxes instead of the service charge as at present. Consid-
erable discussion followed relative to delinquent accounts, time
necessary to collect poor accounts and also the matter of the amount
that could be collected for this purpose from the General tax Levey
following which the matter was refered to the Committee for further
'report.
The Water and Water Main. Committee had no report to make
64
at this time.
Second reading of
AN ORDINANCE AMENDING THE
"MUNICIPAL CODE OF THE CITY OF
DES PIAINES OF 1928* BY ADDING,
ARTICLE V, INCLUDING APPROPRIATE
SECTIONS, TO CHAPTER 9, THEREOF.
Alderman nnabb moved that the ordinance be passed as read.
Alderman Collet seconded this motion and the roll was called
with the following result *Ayes* Collet, Ahbe, Heesch, Suster,
Kinder, Schlagel, Schroeder, iinabo and Anzenbacher. None
voting Naye" the Mayor declared the motion carried and the
Ordinance passed as read.
Alderman Schroeder moved that the Ordinance be pub-
lished in the next issue • of the Suburban Times as required by
law. Alderman Abbe seconded the motion and the roll was called
with the following result. "Ayes' Collet Ahbe, kieesch, Suster,
Kinder, Schlagel, Schroeder, nnabb and Enzenbadher. None voting
*Nays the Mayor declared the motion carried and directed tbtt
the Ordinance be published.
The following letter was presented and read at this time.
Same was refered to the Finance Committee for a report
January 2nd, 1930
Mr. Fayette 0. Merrill
City Cleric
DesPlaines, Illinois
Dear Sir: Ret Federal Surety Company
Policy uX 19752
The Federal Surety Cpmpanyy have turned over to me for co14
lection their claim against the city of Des Plaines for earn-
ed premium on the above described policy amounting to $475.40
They have also forwarded to me copy of your letter of November
22nd in which you state that 14'. Heesch, chairman of the fin-
ance committee states that he is willing to pay the bill pro-
viding the Federal Surety Company will pay the compensation
to one of the city's injured employees in accordance with the
order of the Industrial Commission.
For your information I am pleased to advise ycu that the de-
cision of the Industrial Commission has been applealed to the
Supreme Court and the decision is expected to be handed down
in this case at the next term of the Supreme Court and in the
event that the decision of the Industrial. Commission is upheld
the Federal Surety Company will be liable for the amount award-
ed plus the costs and the claim will be paid promptly, if this
decision•is upheld.
In the event that the Supreme Court refuses to uphold the de-
cision of the Industrial Commission the city of Des Plaines_
will be relieved from any of all liability in this case which
will aaso relieve the Federal Surety Company4 or it the award
is modified it will be liable only for the amount upheld by
the Supreme Court.
Ve taken this matter up with the city attorney )avid Maloney
and explained the situation to him and he is of the -opinion
that the city of Des Plaines is liable for the premium and that
the Federal Surety Company will be liable for the compensation
awarded to your injured employee in the event that the Supreme
Court upholds the decision of the industrial Commission. We
will therefore thank you to forward your check to me for the
above amount and oblige.
Very truly yours,
4. T. Shaffer,
Attorney at Law
The following Bond presented by Wm. 0. Jensen was presented to the
Council at this time.
Kum ALL MEN BY MESE PRESENTS, That, We, WILLIAM 0. JENSEN
of Des Plaines, Illinois, as principal, and the CONTINENTAL
CASUALTY COMPANY of Chicago, Illinois, as Surety, are Firmly
bound unto BRIDGET DALY and the CITY OF DES PLAINES as their
interests may appear in the penal sum of TWO HUNDRED TEN AND
N0/ 100 DOLLARS ($210.00) for the pay:gent of which we bind
ourselves, our heirs, executors, administrators and assigns
jointly and severally, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That,
Whereas, the above bounden WILLIAM 0. JENSEN on the 29th
day of October, 1929 entered into a writen contract with the
above mentioned Bridget DALY whereby the said WILLIAM 0. JENSEN
aggreed to furnish at his own cost and expense all labor and
material for the construction of a Portland Cement concrete side-
walk along the east line of property Known as the South half
(S4) of Lot Three (3) of the Carl Lagerhausen's Estate Division
in the City of Des Plaines, Illinois, all in accordance with
specifications and directions of the said City of AJes jlaines
or the City Engineer acting therefor.
FURTHER, the said WILLIAM 0. JENSEN represents that on
the 14th day of December, 1929, the work under the above ment-
ioned comtract in ful accordance with the specifications and
directions of the City of Des 4-laines or the Engineer thereof,
and was accepted by the said BRIDGET DALY and the CITY OF DES
PLAINES.
NOW, THEREFORE, witnesseth that if the above bounden W1L*
LIAM O. JENSEN shall keep the aforementioned sidewalk in goad
and substantial repair at his own expense and cost for a period
of one year from the time the said sidewalk has been constructed
by him and accepted by BRIDGET DALY and the CITY OF DES PLAINES,
namely, December 14th, 1929; and that upon the decision of the
Engineer that the sidewalk constructed by said WILLIAM 0. JENSEN
needs repairs, he the said WILLIAM 0. JENSEN shall accept such
decision as final and shall immediately repair the same at his
own cost and apense, then this obligation to be avoid; other-
wise to remain in full force and effect.
WITNESS- -OUR HANDS AND SEALS, this 31st day of December,
A. D. 1929.
Witness;
(S,EAL)
CONTINENTAL CASUALTY COMPANY
BY (SEAL)
ATT orney-in-Fact
Alderman Schroeder moved that the Bond be accepted and the City
Clerk be instructed to place same on flies Alderman Collet
seconded this motion and tne roil was called with following resqlt
"Ayes* Collet, Ahbe, heesch, Suster, ninder, Schlagel, Schroeder,
mabb and Enzenbacner. Whereon tne Imlayor declared the motion
carried and directed that tne bond be filed.
First reading oft
AN ORDINANCE AMENDING " THE MUNICIPAL
CODE OF THE CITY OF DES PLAINES OF
1928* BY ADDING ARTICLE XVI CONTRACTORS
TO CHAPTER IS THEREOF, WHICH ARTICLE
REGULATES THE CONDUCT OF CERTAIN TRADES
AND OCCUPATIONS IN THE CITY OF DES
PLAINES, AND PROVIDES PENALTIES FOR THE
VIOLATION THEREOF.
Same was refered to the License Committe.
The following resolution was presented to the board at
this time
RESOLUTION
Whereas, W. S. Moore, has heretofore, on the 18th
day of January, 1929, recovered judgment against the City
of Des Plaines for tne sum of Two hundred Seventy-four
Dollars and Seventy-six Cents ($274.76) in the Circuit
Court of COOK County; and
WHEREAS, the time for appeal and presenting of
appeal bond and bili of exceptions has expired, and that
the time for the review of the said judgment according to
law has expired, and that the said judgment has become
final; and
WHEREAS, the said W. S. Moore desires to have
waiver of 'appeal in error on the said judgment.
BE IT, THEREFORE, RESOLVED by the City Council of
the City of 'es Plaines that David B. Maloney, attorney
for the City of Des Plaines be and he is hereby authori-
zed and directed to make an execute a waiver of appeal
in error in the above proceedings and to deliver the
said waiver of appeal in error to the said W. S. Moore,
the ovner of the said judgment.
BE IT FURTHER RESOLVED that this Resolution shall
be in full force and effect from and after its passage
and approval thereof.
PASSED THIS day of , 1930
AIRS
APPROVED this day of ,1930
Mayor, City of Des Jelaines, Cook County,
illinois.
ATTESTED AND FILED THIS
day of $1960
City Clerk.
67
Alderman Heescn moved tnat the resolution oe adopted as read.
Alderman Collet seconded this motion and the roll was called
with the Following result "Ayes" Collet, Ahbe, Heesch, Kinder,
Suster, Schlagel Schroeder, nnabb and Enzenbachee. None voting
"Kaye" the Mayor declared the motion carried and the resolution
adopted.
The following resolution was presented to the Council at
this time.
RESOLUTION
WHEREAS, the City of Des Plaines has hereto-
fore instituted a proceeding for trie condemnation of
certain property for the Opening of Bussee Avenue in the
city of Des Plaines, and
WHEREAS, the property of the Des Plaines
Foundry Company was included in tne said condemnation,
said property being held for the purpose of furnishing
side-track facilities; and
Whereas, the Des Plaines Foundry Company has
offered to confey to the City of Des Plaines and easement
over the said property for trie laying and constructing of
Busse Avenue subject to the riLht of Des Plaines Foundry
Company to lay its switch- tracks across the said highway;
and
WHEREAS, it is to the best interest of the City
of Des Plaines that the said easement be accepted;
BE, IT, THEREFORE, RESOLVED by the City Council
of the City of Des Plaines that the easement of the said
Des Plaines foundry Company, copy of which is hereto
attached, be and the same is hereby accepted, and that the
City Cleric of the City of Des Plaines oe and he is hereby
directed to file the said easement of reeord.
BE IT FURTHER RESOLVED that a copy of this
resolution be forwarded to tne Des Plaines Foundry Company.
ADOPTED this day of January, A. D. 1930
AYES NAYS
APPROVED this day of January, A. D. 1930
Mayor of the City of Des Plaines,
Cook County, Illinois.
ATTESTED AND FILED this
day of , A. D. 19:50
City Clerk.
Alderman Enzenbacher moved that the resolution be adopted. Alderman
Knabb seconded this motion and the roll was called with the follow-
ing result "Ayes" Collet, AXIL Suster, Heesch, Schiagel, Schroeder,
Knabb and Enzenbacher. Alderman Ahbe voting "Hayes whereon the Mayor
declared the motion carried and the resolution adopted.
First reading of:
AN ORDINANCE
PROVIDING FOR CURBING, DRAINING, GRADING, PAYING
AND OTHERWISE =PROVING THE ROADWAYS OF PROSPECT
AVENUE AND OTHER STREETS, IN THE CITY OF DES
PLAINES, COUNTY OF COOK AND STATE OF ILLINOIS.
Alderman Heesch moved that the Ordinance be passed as read.
Alderman nnabb seconded this motion and the roll was called with
the following result "Ayers" Collet, Ahoe, Beesch, Suster, Schlagel,
Schroeder, Knabb and Enz.enbacher. Alderman hinder Voting "Nage"
whereon the Mayor declared the motion carried and the Ordinance
passed as read.
The Depositpry Bond of the First National Bank was
presented and refered to the Finance Committee for their report
on same.
The City Cleric was instructed to write Mr. .d. E. Terpiin
of the Chicago North Western Railroad Company relative to the
reason for discontinuing the service of train leo. 650 which used to
arrive in Des Plaines at ?:38 A. M. The Clerk was further instructed
to call Mr. Terplin's attention to the statement made by him at the
time a permit was requested to install the third rail from Des
Plaines to Barrington.
Mr. Armstrong at Armstrong and Company holders of several
Special Assessment Bonds in the City of lies Plaines was present and
spoke to the Council at this time regarding the deficincey in Spec—
ial Assessment Jo. 99 and other Special Assessments in which hie'
company were interested. After considerable discussion the matter
was refered to the City Attorney and the Finance Committee for
theirreport.
There being no zurtner business to come before the Council
at this time on motion of Alderman Heesch seconded by Alderman
hnabb and carried by vote of acclamation the Council adjourned to meet
again in an adjourned meeting to be field Jan. 13, 1930 at the hour
of 9:00 O'clock P. k.