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01/18/1932488 MINUT 3 OF THE REGULAR MEETING OF THE CITY COUNCIL OF DES PLAIN S HELD IIT THE COUNCIL CHAMBERS, ON THE 18TH DAY OF LANU ARY A. D. 1932. AT 8 OtCLOCK P. M. • In the absence of Mayor Charles Hamnerl, the Meeting was ,called to order by City Clerk, E. J. Friedrich, with Aldermen Ahbe, Collet, Suster, Pflughaupt, Huxmann, Kinder, Laoey, Enzenbacher and Meinshausen responding to the roll call. Alderman`Wettin was absent. • The motion was made by Alderman Suster and seconded by Collet that Alderman Enzenbacher serve the meeting as chairman protein. 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 Meinshausen that the minutes of the regular Council meeting of -January 4, be approved as written. The motion was voted upon by acclamation, whereupon the chairman declared the motion carried, and the minutes approged. At this point Alderman ,ettin entered the meeting. The Clerk then read the following resolution: RESOLVED THAT THE FOLLOVTING BITLS ARE DUE AND PAYABLE AND THAT TEE MAYOR AND CITY CLERK ARE AUTHORIZED TO ISSUE+ THE PROPER 77ARRANTS IN PAYMENT OF SAME. Marvin 7el5.s Marjorie Collet August Guske Joe Walter George Meyer T. R. Harrington Fred. Keneel : r: Fred Koelter' Charles :Bred tung George Meyer 78.75 36.00 54.00 59.40 18.93 5.00 5.00 67.50 • 6740 43.22 Frank Fischer 72.00 Wilson Ockerby 54.00 Otto Bender 59.40 G. Bullis 62.15 Earl :ick'5.00 W. Froggett 5.00 Milliam-H. Cater 73g.80 Prank-Gaebel 67 56 2. ' J. Friedch :;1.18 W. I. Harris `' 10.00 The motion was made by Alderman Wettin and seconded by Suster to adopt the resolution. The roll was called on the motion with the following result: Ayes, Aldermen Ahbe, Collet, Suster, Pflughaupt, Humma,nn, Kinder, Lacey, Wettin, and Meinshausen. Nays; None; The Chairman thereupon declared the motion carried, and the resolution adopted. The Judiciary and Assessment Committee had no report of offer. The Police and License Committee had no report to offer. The Streets and Sidewalks Committee had no report to offer. The Buildings and Plats Committee had no report to offer. The Sewer Drainage and Sanitation Committee had no report to offer. Alderman Huxmann chairman of the Band Committee reported that the Committee has conferred with the director of the band regarding plans for the operation of the band for 1932. He stated that details would be reported at the next meeting of the Council. The motion was made by Alderman Huxmann and seconded by Meinshausen to defer the presentation of the budget estimates for 1932 of the Various Council Committees until the next regular Council meeting. The motion was voted upon by acclamation, whereupon the chair- man declared the motion carried. =489 The Clerk then read the report of Walter Tailant, City Collec- tor dated January 12, 1932. This report was ordefed placed on file by the chairman. The Clerk read the following letter: Mayor and City Council, of the City of Des Plaines, Cook County, Illinois. Gentlemen: January 6, 1932. At a recent meeting of -the City Council, my opinion was requested as to the liability of the City for damages resulting from adaident caused by the Fire or Police Department in the course of its duty. I at that time advised the Council that the City was not liable for the performance of any governmental func- tion. However, upon examination, I find that in the last session of the legislature, a bill was passed providing that if damage should result from the neglegence of the driver of t fire truck, the driver of the fire truck is not liable, but the City would be liable. This act, if constitutional, changes the rule which has always hereto- fore been recognized, and in the case of a fire department, there would, therefore, be liability against the City. Respectfully submitted, DBM : CL D. B. MALONEY. The motion was made by Alderman Ahbe and seconded by Collet to re- consider the motion recently passed'regarding liability and property dam- age insurance for the City(s fire trucks. The motion was voted upon by-- acclamation y acclamation whereupon the Chairman declared the motion to reconsider carried, and stated that the motion regarding the fire truck insurance is before the Council in its orginal form. The motion was made by Alderman Kinder and seconded by Pflughaupt to refer the matter to a special committee. The motion was voted upon by acclamation whereupon the chairman declared. the motion carried. The chairman thereupon referred the matter to the Judiciary and lssessrnent Committee. The Clerk then read the following letter: Aetna Casualty kiompany, 175 W. Jackson Blvd., Chicago, Illinois. Jan..7, 1932. Attention: Mr. Jacobi. Gentlemen: In. Re: Bond of Martin Behrens, City Treasurer, Des Plaines. In connection with the release of Martin Behrens as City Treasurer and the release of his bond, we desire to say that the matter came up at the City' Council meeting on last Monday night, thb City Council being advised that your comkany desired a release from the City. Inasmuch as a plan of payments have been made on the Merrill matter, upon which claim was made against your company, the City of Des. Plaines is contemplating no claim against your com' zany on this account and a release can be given to your company in connection with this natter if desired. 490 Claim was also made upon you by reason of Mr. Behrenat failure to keep his books in conformity to the ordinances of the City. A settlement has been made between the City and Yr. Behrens concerning his comLensation and in regard to the controversy concerning his failure to keep his books up to date. The City would, therefore, be willing to release your company from any claim growing out of this contrvversy. The'City also acknowledges the accounting of all corporate funds coming into the hands'of Mr: Behrens and there is, therefore, no liability growing out of this phase of the treasurer's duties. The only question which would be left open Would be any special assessment funds which Mr. Behrens collected. In all of our experfnece, this is the first time a release" has been asked of a municipality when an official goes out of office, especially where the company ,Nays no funds. The City is making rio claim against .1.11r.,Behrens in con- nection with any funds at this time.. very City Treasurer handles special a ssessment funds in a trust capacity. The City handles the special assessment funds in trust for the holders of bonds and the t/reasurer is only the officer acting in this capacity. As f'ar as the City is advised by the audit, Lr.. Behrens has accounted for the moneys coming into his hands. Whether he has • in all respects complied with the statute's, that is, in the final analysis, for the holders of ponds to say, and we are of the' opinion that the City should properly tale the osition that it has no power to release hny obligation which Mr. -Behrens owed to the holders of bonds. The records of 1'r'. 1ehrens in this re:�peet are open to the inspection of your company and if he has in all respects complied with th4 statutes, then it is for your company to say whether cr not he is to be released. In this regard, the City could only give its opinion as to whether or not Mr. Behrens has ccrnplied .with the statutes. "'e do not believe, in any case, that it would be proper practice' to ask a City to grant t release concerning such funds. If your company desires a release on all of the other matters above which, in our opinion, falls within the purview of the powers of the City government at the present time, we will be glad to have the necessary releases prepared and the ordinances of the City Council for its • actionl' Very truly yours, Finance Ccmmittee. • The Clerk then read the following letter: - Mayor and City Council, City of Des Plaines, Ill. Gentlemen: January 18, 1932 On Friday last, the motion of "illiam Cater for temporary injunction, feceiver and other relief came up for hearing in the Circuit Court of Cook County. After some argument, the Court stated that it could not go into the matter at his time, but did refer the case to Master George Gorman. A rule `:gas accordingly entered uron the ity to file its answer to the bill by this .,eek and that thereupon the case would be referred to George L. Gorman. 491 Before the hearing in court, I discussed the matter with attorney for Mr. Cater, advising him that the City had approved all bills excepting the current bill and that check for the Yovei:.ber payment :as being issued, and re- quested' th .t tie suit against the City of Des Plaines be dismissed. This, however, he refused to do, insisting that the matter would have to croceed. It, therefore, ahpears that there is no action which the City can reasonably take excepting to contest all of the relief asked for by Cater and to >:resent any rights which the City may have. Lam, therefore, submitting herewith a resolution directing me to prepare the necessary -plead- inc:s to protect the interests of the City in 'this matter. D`'l:T•CL Respectfully submitted, D. 7, JiLO Y. • Also the fallowing proposed resolution:- . RESO D UTI 0 IT • WHEREAS, William H. Cater "•has instituted proceeding against the City of Des Plaines in the Circuity Court of Cook County -in a case entitled "William H. Cater V. City of Des Plaines, et al." Yo. b -235142.- .72 -235142.-.7'F IT, TF` R_FC-',, R ••L'ED that David 4i. Maloney, Attorney for the City of Des Tlaines, be and he is hereby directed to file ailnecessary pleadings in the said case for the purpose of protecting all interests of the Gi ty. of Des Plaines and to take any action necessary to properly re -ores ent ail rights of the City of Des Plaines, and that he be authorized to employ court reporters or to incur such other expense as may be necessary to prepare groper record in the said case. BE IT Ft i,T ^;.R RESOLVED that this resolution shall be in full force and effect from and after its paszage and approval according tc law. PASSED this day of January, A. D. 1932. AY;, S : TAYS : - APPROVED this day of January, A, D. 1932. • Mayor of. the City of Des Plaines Cook County, Illinois. ATTESTED and FILED this day of January, A. D. 1932. City Clerk. The Clerk also read the following letter. To the mehbers of the Ccuncil. Jan. 18,1932 I am sorry that I am not able to be with you this evening but circumstances do not permit me to leave my hone. There is one thing that will corse before the Council and that is the Cater matter. I hope the Council will see fit to instruct the City Attorney to file an answer tc the suit, and do such other things as mia,ht be necessary. This is the first time we have had a chance to do something worth while for the people of this City in regard to water, but we must first make some changes in the contract. I believe this contract to be the most one-sided I ever saw, everything is in Cater's favor, and the people of this city have to pay and -pay. Hoping you will see your way clear in this vital matter, gentlemen, and that my sincere wish be granted, I am CHAS. TArIi' .'RL, MAYOR. 492 The motion was made by _'aderrman Lacey and seconded by Ahbe to adopt the proposed resolution. The roll was called on the motion -with the fcllowin result: Ayes; Aldermen Abbe, Collet, Suster, Pflughaupt, Huxmann, Kinder, Lacey, ',ettin and i einshausen. Trays; one. The Chairman thereupon declared the motion carried, and'the resolution adopted. The motion was made by Alderman Huxmann and seconded by Suster to write Mr. arm. Cater to the next meeting of the Council to discuss the question of water. The motion was voted upon by acclam, mation, whereupon the Chairman declared the :lotion carried. • The Clerk hien read aletter from Governor Louis L. Emerson dated January 11, 1932, as well as a letter from the State Highway Division dated January 12, 1932, stating that bids for the construction of Route 62, Section 117 are to be received January 27, 1G32. and if satisfactory bids are received construction will start immediately and local labor. will be are. Carter Jenkins City Engineer, ex- pressed dissatisfaction with the delay caused by the State in re- jecting the bids previously received. Mr. Jenkins was instructed by general consent to voice the Council's dissatisfaction with the de- lay in proceeding with Route 62. The Clerk Then read the following proposed ordinance: -.AN ORDII :JOE - • •REPEALING SECTION 1043 �'F C'� �._. �� CHAPTER 22 OF THE DES PLAINES CODE CF 1928. D IT ORDAINED by the Mayor and City Council of the City of Des Plaines Cook County, Illinois: SECTIO I: That Section 1043 of Chapter 22 of the Des Plaines Code of 1923, reading as follows: "STATE LICENSE. No motor vehicle shall be licensed as herein provided, unless the same shall have been licensed by the Secretary of State, under what is known as the "Motor Vehicle Law" of the State of Illinois, for the period of time for which a license is.sought from said City of Des Plaines." be and the same is hereby repealed. • SECTICN 2: That all ordinances or parts of ordinances in conflict herewith be and the .same are hereby repealed. z CTIC'; This ordinance shall be in fu _1 force and effect from and after its jassa e and approval according to law. PASSED this day of January , A. D. 1932. AYES: NAYS: APYRCVED this day of D. 1932. ATTESTED and FILED this day of January, A. D. 1932. Payor of the City of Des Plaines, Cook County, Illinois. City Clerk. The motion was made by Alderman Huxmann and seconded by Ahbe to put the above proposed ordinance on for:passage. The motion was voted upon by acclamation, whereupon the chairman declared the motion carried. The motion was then made by Alderman Huxmana and seconded by Suster to adopt the ordinance. The roll as called on the motion with the following result: Ayes;Aldermen Ahbe, Collet, Suster, Pflughaupt, Hux- mann; Hinder, Lacey, -ettin and- Yeinshausen. Nays; None. 493 The chairman thereupon declared the motion carried, and the ordinance adopted. The Clerk read the'following letter: 1435 Otto St. Chicago January 4,1932. Tc the uc.yor of Des Plaines.. To the City Collector of DesPlaines. To the Attorney of Des Plaines. To the Chairman of "Streets and Alleys". This communication is for the•purpose of calling your attention to certain agreements entered into between the Lunicipal Authorities of Des Plaines and the undersigned, F. J. Schmohl in August 1930, which has not yet been carried out to my satisfaction or according toa greement. Herewith i demand either one of the following: That the City of Des Plaines return to me a clear title to the Sixteen foot frontage of lot 9 Block 5 of McIntosh' Addition to Des Plaines Heights and bounded by the Soo Railway Fence as also a clear title to the six- teen foot frontage of Lot 10 abutting the preceding lot and also bordering the Sco Line Boundry fence, which title was clouded by the demand of your attorney for my signature to certain papers. or You :may prefer to buy the sixteen foot strip referred to above for a thousand dollars, which cash I have invested therein up to date. This may be paid in receipts for assessments as they come due. I have waited patiently all afLast year for you to carry out the original agreement and nothing was done to adjust matters. As you may be aware, it will be impossible to se�1 those lots with what is now involved, and I will withhold payment of assessments to await your decesion. This is to be read into the minutes of your meeting of the city Council proceedings, as, also into the proceedings of the Board of Local improvements. 1435 Otto J. Chicago', Illinois. No action being taken in the matter, the letter was ordered placed en file by the chairman. Respectfully F. J. Schmohl. Alderman Huxmann then pointed out that the matter of in-, surance is impartant and should be given more attention and study. The motion was therefore made by Alderman Huxmann and seconded that the matter of making a study of the City's insurance requirements be referred to the Judiciary and assessment Committee for report. The motion was voted upon by acclamation whereupon the chairman declared the motion carried. The Clerk then read his annual report showing the 1931 expen- ditures compared with the 1931 appropriation ordinance; alno the corporate bonds and anticipation warrants outstanding against the City. This re- port was ordered placed on file by the chairman. The motion was made by Alderman Pflughaupt and seconded by Wettin that the minutes of the special meeting of the Council, held January 12, 1932 be approved as written. The motion was voted upon by acclamation, whereupon the chairman declared the motion carried, and the minutes approved. The motion was made by Alderman Pflughaupt and seconded by Ahbe that the $4000.00 Anticipation Warrant for the Public Service Co., of Northern Illinois, authorized by the Council on January 4th, 1932 by resolution, bear 6% per annum4p instead of 4 % per annum as originally 494 authorized. The roll was called on the motion with the following result: Ayes; Aldermen Ahoe, Co&3.tt., Suster, Pflughaupt, Huxrnann, Kinder, Lacey, ",,ettin and ieinshausen. Nays; None. The chairman there- upon declared the motion carried. The motion was made by Alderman The and seconded by Lacey that the Council adjourn. The motion was voted upon by acclamation whereupon the chairman declared the motion carried, and the Council adjourned. City Clerk.