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.
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. 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.
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The Police and license Committee had no report to offer.
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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.
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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
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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,
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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.