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01/04/1932480 MINUTES OF THE REGULAR i'VTING OF THE CITY COUITCIL OF DES PLAINTES, HELD IN THE COUNCIL C AMB RS, QIT TEE 4 TH DAY OF JANUARY, 1932. A. D. AT 8 O'CLOCK P. Y. In the absence of Mayor Charles Hammerl, City Clerk E. J. Friedrich called the meeting to order, with Aldermen, Ahbe, Collet, Suster, Pflughaupt, Huxmann, Kinder, Lacey, Enzenbavher, and Mein- shauaenresponding to the roll call. Alderman Wettin'was absent. The motion was made by Alderman Suster and seconded by Collet that Alderman Enzenbacher serve as chairman pro tem. The motion was voted upon .by acclamation„ whereupon the Clerk declared the motion carried, and Alderman Enzenbacher took the chair. The motion was made by Alderman Huxmann and seconded by Suster to approve a^ printed the viinutes of the regular council meeting of December. 2.1,1931 and of the specia.1 ,,Council meeting of December 28, 1931. The motion was voted upon by a cclatnation, whereupon the chairman declared the motion carried and the minutes approved. • . The Clerk then read the following reports: Chief of Police a * M City Collector, City Treasurer, City Clerk, E. +t x re . C. A. Wagner's report for December 1931. " ", ' "' annual report for the year 1931. W. Tallantts report up to December 28, 1931. Otto Rexses report for December 1931. J. Friedrich's reportfor December 1931. " report from May 1, 1931 to Dec. 31, 1931. these reports were ord:red placed on file by the chairman. The Judiciary and Assessment Committee had no report to offer. • The Police and license Committee had no report to offer. • The Streets and Sidwalks Committee had no report to Offer. City Engineer Carter Jenkins however reported the. the Stade Highway Department has promised him that a fence would he provided on the north side of Miner St. east of the Des Plaines River bridge as re - Vested by the Council. He reported further that any such a fence at the foot of Ellinwood Street would have to be provided by Cook County. Alderman Meinshausen then presented a plat showing the location of Oakton Street, east of Des Plaines Ave. The motion was made by Alderman Huxmann and seconded by Suster to approve this plat. The motion w as voted upon by acclamation whereupon the Chairman declared the motion carried. to offer. The Sewer, Drainage and Sanitation Committee had no reooxt The Clerk Wm. H. Cater then read the following resolution: RESOLVED THAT TEE POLLO= BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK ARE AUTHORI:.ED TO ISSUE TEE PROPER WARRANTS IIT PAYMENT OF SAME, . $925.41 Wm. J. Stratton :14.00 The motion was made by Alderman Lacey and seconded by Collet to adopt the resolution, and authorize payment of the bills; The roll vas called on the motion with the following result; Ayes; Aldermen Ahbe, Collet, Suster, Pflughaupt, Huxmann, Kinder, Lacey and Meinsh- ausen. Nays; None. The Chairman thereupon declared the motion carried and the resolution adopted. Alderman Haxmann chairman of the Band Committee made a preliminary report, in which he stated that while the committee recom- mends that, the, members of the band serve without compensation in 1932, yet it will be necessary to appropriate about $500.00; $400.00 to pay compensation due the members .of the band at present, and $100.00 for miscellaneous expense. The matter was recomaitted to the Band Committee for further report.. Alderman Huxmann chairman cf the Special Committee to attempt to settle the case of + uilicy VS the City ofes Plaines sub - witted a report on the Settlement of the case. The Clerk read the following: . RESOLUTION IIEREAS, there is now pending in the Circuit Court of Cook County, known as case No. B-100296, a suit entitled."A,. Quili,ci v. City of Des Plaines';. and WHEREAS, a Special Committee of the City Council' and Attorney for the City of Des Plaines have recommerided the settlement of the said case. B^ IT, THEREFORE, RESOLVED that David B. Maloney be and he is hereby authorized and directed to withdraW the demand for jury in the said cause and consent that tae said case be heard by the Gourt without a jury, and to consent that a finding may be entered by the Court for the sum of Nine Hundred ($900.00) Dollars, and that a judgment may be entered in the said proceeding against Phe City of .Des Plaines for the sure of Nine Hundred ($900.00) Dollars without costs. BE IT FURTHER RESOLVED that the said David B. Maloney be and he is hereby authorized and empowered to waive appeal and error to connection with the said judg- ment. BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this , . day of January, A. D. 1l32 Ayes: NAYS: APPROVED this day of January, A. D. 1932 ATTESTED and FILED this Day of January, A. D. 1932. Mayor of the City of Des Plaines Cook County, Illinois. City Clerk. The motion,was made by Alderman Huxmann and seconded by Pflughaupt to adopt the resolution. The roll was called on the motion with the following result: Ayes: Aldermen Ahbe, Collet, Suster, Pflugliautp, Huxmann, Kinder, Lacey, and Meinshausen. Nays; None. The Chairman thereupon declared the motion carried. At this point alderman 'iettin came into the meeting. Alderman Huxmann chairman of the Special Committee to attempt to .arrange a settlement with Mr. Frank Zal.eskie of a bill of $2650.00 rendered the City for compensation in connection with the opening of Ellinwood Street between Lee St. and Graceland•Ave., reported that after various off ers and counter -offeree Yr.,Zaleskie agreed to accept a 3750.00 judgment. The ::lotion was made by Alderman Huxmann seoncded by Pflughaupt: That the claim of Frank R. Zaleski for Attorney's fees for services rendered to the City in the First and second proceedings instituted for the opening of Ellinwood Street from Lee Street to Graceland Avenue, for which a bill in, the sum of Two Thousand Six Hundred Fifty and no/100 ($2,650.00) has been rendered to the City by said claimant be settled and satisfied by consenting to the entry of a judgment in favor of said claimant and against - the City in the sum of Seven Hundred Fifty and no/100 (.750.430) Doll.: rs without costs and that the City Attorney be authorized to enter. the appearance of the City in any suit commenced upon said claim, and consent to the entry of a judgment against the City in such suit in the sum of Seven Hundred Fifty and,no/100 ($750,00) Dollars and no costs, and to waive error and right of appeal therein and to waive error and right of appeal in any transcript of such judgment when entered. The roll was called with the .following result: .Ayes; Alderman Ahbe, Collet, Vett.in, Pflughaupt, Huxmann, libd:Mblxishau,SPn.-11:0,YglAaLlenlan :ter.: &irid.e & I cey.The chairman thereupon d eclared the motion carried., Llderman Pflughaupt of the Finance Committee thanked Otto Rexses, City Treasurer for his recent letter sugesting that a peri- odic audit In made of the treasurer's books, but stated that owing to lack of funds, no action should be taken at the present time, regard- ing such an`audit. Aiderm .n Pflughaup.t further reported that the Finance Committee has considered the request of the Pnbe Service Co. of Northern Illinois for anticipation warrants in part payment of its bills bill due this corporation. The motion was made by Alderman Pf&&ghaupt and seconded by Lacey to adapt the following resolution RESOLUTION WHEREAS, the City of Des Plaines has passed an ordi- ance providing for the issuance of tax anticipation warrants payable out the flax levy for the year of 1930 for the necessary and ordinary expenses for general corporate purposes. BE IT, THEREFORE, RESOLVED that the Mayor and City Clerk of the,Ci,ty of Des Plaines be and they are hereby auth- orized and empowered to issue and deliver to Public Service Company of Northern Illinois, one (1) certain tax anticipation warrant for the sum of Four Thousand Dollars ($4000.00), copy of which is hereto attached and made part hereof. BB IT FURTHER RESOLVED that this.'Resolution shall be in full force and effect from and after its passage and the approval thereof according to law. PASSED this day.ofA. D. 1931. Ayes: NAYS: APPROVED this day of , A. D. 1931. • ATTESTED AND FILED THIS Mayor of the City of Des Plaines Gook County, Illinois. Day of , A. D. 1931. and that these anticipation warrants.bear intrest at 4% per annum. Tlie roll was called on the zlotion with the following result: Ayes, Aldermen Ahbe, Co7,let, Pflughaupt, Huxmann, Kinder, Lacey, Wettin, and Meinshausen. Nays, None. The chairman thereupon declared the Motion carried. . The motion was made by Alderman Pflughaupt and seconded by Suster to permit the matter of the formal release of M. A. Behrens former city treasurer, Which was referred to the Finance Committee by the Mayor in the last Council meeting, to be discussed by the Council. The motion was voted upon by acclamation whereupon the Chairman declared the motion carried. The Clerk then read the following letter. Des Plaines, Ill. January 4th, 1932. Honorable MayorEammerl, and City Council. 483 Gentlemen: At the last regular Council meeting I was informed that the matter of my release could not be taken up at that time. Therefore, I am taking this opportunity to inquire the reason for the release being held up. The motion made at the meeting of December 7th, by Alderman Enzenbacher and seconded by Alderman Suster and carried -by acclamation, to instruct City Attorney Maloney to draft the proper release for Mr. M. A. Behrens and submit same to Mr. Behrens' bonding company for their. Acceptance, seems to be very clear. This it seems to me, is conclusive proof that the coundil was willing on that date to abide by the recommendation of the Finance Committee, to whom this matter was referred, and made it mandatory for the council to grant the release. I would thank you for a definite disposition on this matter. Respectfully yours, M. A.. Behrens • After considerable discussion the motion. was made by Alderman Lacey and seconded by Wettin to table the matter of the release of M. A. Behrens. The roll was called on the motion with the following result: Ayes: Aldermen Ahbe, Collet, Suster, Huanann, Kinder, Lacey, and Wettin. Nays; Pflughaupt, ana Meinshausen. The chairman thereupon declared the motion carried, and the matter tabled. The Clerk then read the following letter; Jan. 4, 1931. To Honorable Mayor and City Council City of Des Plaines: • Gentlemen: On Friday Evening of this week there will be a meeting of the athlectic Committee of theAssa. of small Park' Districts of Illinois. called to perfect an organ- ization to promote athletics -an/ a strictlycamoteur basis under proper supervision. It is the wish of this committee to have a represen- ative from your honorable body to-gether with the Mayor to meet with the representatives of the other civic bodies and this Committee at which time the full plans and details will be fully explained. May we have your cooperation. The meeting will be in the Des Plaines City Hall at 8:30 o'clock. Respectfully EDD. R. SCIUAGEL, Rep. on Committee -from Des *Plaines. The motion was made by Alderman $Sr+mgsrt Suster and seconded by Lacey to delegate Mayor Hammerl and Alderman Collet to represent the Council at the meeting mentioned in the above letter. The motion was voted upon by acclamation, whereupon the Chairman declared the motion carried The Clerk then read the following letter; 484 The Honorable Mayor and City Council City of Des Plaines Cook County, Illinois. Gentlemen: Jan. 2, 1932 In accordance with the resolution adoptid at the last regular meeting relative to a 10% reduction in all salaries and fees to be paid employees of the City of Des,Plaines, I herewith accept the spirit of the provisions of the resolution as represented in the following stipulations: Last June, when the contract under which I am now rendering you service was adopted by your honorable body, the fee for special assessment and bond issue work at yourr request was lowered from the previous figure of 4 to 4-4%, this being a reduction of 5.5 I hereby agree to a further reductien of of i% making a total of 5% to be paid on special assessment and bond 'issue •work begun on or after January 1, 1932, to continue for the life of the present contract, this making a total reduction from the previous figure of 11.1`0. Por all servicesrendered other than special assess- ment and bond issue work a reduction of loo is hereby agreed to. Ail statements and bills to be rendered for w ork done on or after January 1, 1932 will be billed at the contract amount, but there will be noted on each a credit in the amounts specified above in order not to have`to change at this time the terms of the written contract. Very sincerely, GARTER JENKINS City Engineer. The chairman ordered the letter placed on file. The following letter was then read by the Clerk: ' Er. Otto Rexses, City Treasurer, Des Plaines, Illinois. Dec. 28th, 1931. Dear Sir: WPe again refer to your letter of October 5th, with reference to the City of Des Plaines Special Assessment Certi- ficate No. 116, on which the coupons for the years 1928, 1929 and 193.0 are ugipaid. Kindly let us hear from you as to what action the City Council is taking in connection with this past due ob- ligation. Yours very truly, Mark J. Myers, V. Pres. and Chahier This letter was also ordered placed on file. The Clerk ,then read the following: Mr. Otto 1 exses, City Treasurer, City of Des Plaines, Illinois. Dec. 29th, 1931. Dear Sir: - On November 18th, I received a letter from you stating there was no money to pay Special Assessment No. 60. I have a $1,000.00 bond. A political friend of mine, representing a party that owns several of this same issue, stated he investigated the books in Des Plaines and found there was about $45.00 credit towards'paying this issue; but he also said that half of these issues had been paid.. My lawyer advises me that if half of them were paid, and not the other half, that the Treasurer is responsi- ble; that no half can be preferred against the other half. Before placing this matter in my attorney's hands, I will wait for an answer to this letter. Thanking you, I remain, • Yours very truly, E. 0. PERRY, The motion was made by Alterman Huxmann and seconded by Pflughaupt to authorize and instruct attorney Maloney to make the proper reply to this letter. The motion was voted upon by acclamation, whereupon the chairman declared the motion carried. The Clerk then read the following resolution:- ` RESOLUT 10N WHEREAS, by reason of economic conditions beyong the control of the individual, there is now in the City of Des Plaines a large number of unemployed citizens, many being the heads of families, WHEREAS, TIRE now exists want and destitution among these worthy unemployed citizens, which aan be relieved only, partially by funds at the disposal of the relief.organiza- tions, AREAS, the alignment of State Bond Issue Route 62, Sec- tion 117, within or adjacent to the limits of the City of Des Plaines requkres the removal of approximately 200 trees suit- able for firewood, and which can be used under the direction of the relief organizations to substitute for coal purchases, tir H;REAS, THE State Highway Department has within its power to award this work, andby so doing will materially assist in needed relief, And whereas, the City of Des Plaines will render a 11 possi- ble assistance in helping to secure from the Forest Preserve District of Cook County, necessary rights-of-way where trees are located. BE IT, THEREFORE, RESOLVED that his Excellency, Honor- able Louis L. Emmerson, the Governor of the State of Illinois, be and he is hereby requested to. use the powers of his great office to assist the needy families of the City of Des Plaines by awarding this work, and through the construction of the said highway, provide employment and fuel so desperately needed at this time. BE IT FURTHER RESOLVED that this resolution be spread upon the records of the City of Des Plaines and that a copy of same be sent to His Excellency, the Governor of the State of Illinois. Passes this day of A. D. 1932. Ayes: Nays: Approved this day of A. D. 1932. 485 ATTESTED AND FILED THIS day of A. D. 1932. City Clerk. Mayor of the City of Des Plaines Cook County, Illinois. 486 The motion was made by Alderman A:lbe and seconded by Collet to adopt the proposed resolution, and send a copy of it to the Governor of the State of Illinois. The motion was voted upon by acclamation whereupon the chairman declared the motion carried and the resolution adopted., Alderman Huxmann then read section 1048 of the Revised Code of the City of Des Plaines of 1928, and pointed out that no City vehi&1e license can be issued unless the applicant has his State license, which hinders the City in the Collection of its vehicle tax. ,The motion was therefore made by Alderman ITu'nann and seconded by Ahbe to instruct Attorney Maloney to draft an Ofd- inance repealing Section 1048• of the Municipal Code of 1928. The roll was called on the motion with the following result; Ayes; Aldermen Ahbe, Collet, Suster, Pflughaupt, Huxmann, Kinder, Lacey, Wettin, and Lieinshausen. Nays None. The chairman thereupon declared the motion carried Alderman Huxrnann•expressed the opinion that the $5.00 Deposit for water service mentioned in Section 1341 of the revised Code of the City of Des Plaines of 1928, is not sufficient in all cases. The motion was therefore made by Alderman Huxmann and sect:elided by Suster that this matter be referred to the Water Committee to recommend such revisions of Section 1341 of the revised Code of 1928, as maybe necessary to provide for the collection adequate deposits. The motionwas voted upon by acclamation, whereupon the chairman declared the motion carried. The motion was made by Alderman Suster and seconded by gollet to adjourn. The motion was voted upon by acclamation whereupon t e chairman declared the motion carried, and declared the council regularly adjourned.