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03/07/1932513 MINUTES OF THE REGULAR MEETING OF THE CITY COU ►Cit OF THE CITY Ole DES P AIMES, HELD iN THE COUNCIL CJIAMKNRS On THE 'tn, DAY OF MARCH 1962, AT THE HOUR OF 8 O'CLOCK. P. M. Tne meeting was called to order oy mayor Crnarles nammeri, with Aldermen Anne, Collet, Yflugnaupt, hinder, Laceys tiuxmanu, Wettin : nzenoacner and Meinanausen responding to-tne roil call. Alderman Suster was ausent. Tne Cleric tnen read tne followiug officers'reports for tne calendar month of ebruary 1931. Tne report of G. A. Wegner, Un ei of Police Tne reportof Otto itexses, City Treasurer Tne report of As. J. Friedrich, City Clerk. None of tne standing committees of the Council had reports to offer. The Clerk tnen read the following letter:- Marcn ri , 1932. Finance Committee of tne City of Des Plaines, Ali. in Res Pro -rating ,of the special assessments oy the City Treasurer. Gentlement In accordance witn our discussion at tne meeting of the Council as a Committee of tne wnoie, i am writing concerning tne pro -rating of funds oy the Oity Treasurer. Tne City Treasurer nas acted me for instructions concerning the pro- rating of special assessment funds on Donds and interest. Tne question of warding off suits against the City of Des Plaines on special assessment bonds has oeen before us for more tnan two years. more than a year ago the Council passed an ordinance providing for tne creation of an expense fund in wnich would oe placed tne funds of the first installment. This was done with tne idea tnat oy using this fund as a movable fund it would nelp offset tne diversions of th excess of *►22,000.00 from the special assessment funds to tne cor- porate funds made prior to may L, i929. Since the careful examination of the last audit and since i have received tne full cooperation of tne treasurer in determining tne condition of tne special assessment funds, it is apparent ;,hat no handling of suon funds as are in the treasurer's possession can offset the amount of overdrafts and diversions from the special assessment funds. It now becomes a question of protecting tne treasurer in his payment on past due oonds and also, iu so far as we can, protect tne City from general liability on these bonds. The auditor's report shows tnat in addition to tne diversions of Special assessment funds to the corporate funds which on May 1, 1929 was the sum of *22,272.76, we are faced with a deficiency of interest in all special assessment funds of tne sum of $►94,7,66.82. 1 am not sure at this time whether or not this large sum has in fact all been paid out. jt is, however, a fact that the treasurer has not on nand any moneys with which to pay past due bonds, notwithstanding the treasurer's booiss show such funds on hand. 514 Tne motion was made oy Alderman huxmann and seconded oy Collet that the Finance Committee employ Ar. Charles Larson to assist in compil- ing data for pro -rating as meetioned in tne aoove letter. The roll, was called on the motion with tne following result: Ayes; Alderman Anbe, Collet, rflugnaupt, huxmann, hinder, Lacey, Wetting Enzenoacher and Meinsnausen. ivays; None. Tne Mayor tnereupon declared tne motion carried. The following letter was tnen read oy the Clerks It is, tnerefore, impossioie to advise tne treasurer now to p*o-rate any funds with reference to past due bonds. Tnis condition is so serious twat an effort should be made to determine, if possible, to wnat past due ponds any funds in tne Hands of tete treasurer are applicable. 1 believe tnat this can oe done fry tne employment oy tne City of Des Plaines of some ori wno nas some familiarity, if possible, witn the books, to ootain a statement of the total amount of payments of assessments made in advance prior to May 1, 1931, the total funds to tne credit of unpaid oonds by the nooks of the City, also receipts by Mr. l3enrens and moneys paid out oy nim, to determine wnat funds ne Had on nand appiicaoie to the 1930 maturing bonds and funds app icaule to other bonds. I do not oeiieve it is necessary to nave an auditor to do this work. it would oe sufficient if tne auditor made some suggestions and examined tne figures wnen completed. DBMsCL hespecttuliy suomitted, D. 114. MALONEY Aaron `i , 19:02. Momper and City Council of tne City of Des Plaines, Cook County, Illinois. InRes Settlement of Des Plaines No. 95. Gentlemen: In accordance with tne request of tne Council as a Committee of the whole, 1 am herewith giving you my opinion as to tine question of tne liaoility of tne sureties on tne bonds of the respective treasurers, Wicke and Schultz. As to tne bond of Wicke who was treasurer at the time of the original issuance of these special assessment ponds, i have endeavored to obtain the pond given by kr. Wicke as surety. The Clerk , nowever, nas been unable to find tnis bond in tne records of the City. 1 was also advised oy the attorneys representing the bondholders in tnis duct tnat they were unable to find tnis bond at tne time of instituting suit. Apparently tne bond is not ootainaole from tne files of tree ,. City. 1 nave also endeavored to find out wrio was on this oond and nave peen advised tnat the pond was signed by Wm. WicKe Barney Winkleman and Ning Eley. i nave also been advised that tne bond was not signed py tying Eley, out oy Ars. Eley, so tnat 1 have no accurate information as to who was on the Pond. Aside from the fact of wnetner or not there is liability on tnis bond, tne pond snouid oe in tne files of the City so that we nave access to tnem if we care to. I am of the opinion, However, tnat no itaoility exists on -this Pond for tne reason tnat even though tne court were to hold that the ponds, if any, issued oy Wicke were invalid, this mere issuance would not create liaoility of tne City for the reason tnat it was tne city's privilege to refuse payment of tne oonds if tney were faulty and it was tne duty of the City to cause a cancellation of tne oonds. Tne City proceeded to pay part of tne bonds, out never took 515 action to ---cancel any, of the bonds until we filed a cross- bill in -the suit on the bonds a little more tnan a year ago. it is my opinion tnat the City- can not expect to hold sureties liaole for loss wnicn was created oy tne neglect of the city officials or wnicn was created oy tne fact that tne attorney for tne City advised the city tnat certain ponds were valid ana certain ponds were :invalid wnen the city snould nave taken some steps to oo,,aiu a judicial declaration of the validity of tne uonds instead of the opinion of any attorney. Therefore, in my opinion the question of iiaoility on tne surety ponds of tne treasurer or treasurers snould not influence tne aldermen in determining wnetner to settle tnis matter. The conditions in this case are largely due to tne neglect and mis-nandling of tne matter oy past city officials, and while 1 do not care to mance any recommendation on this settlement, i am satisfied tnat the City will oe financially ahead if settlement is made. As 1 pointed out in my previous report, tne deficiency in this matter is partially attrioutaole to favoritism shown to some lots in the distribution of tne assessment and tne subsequent attempt to redistribute tne assessment so as to have tne same distrioution of tne assessment as to all properties. Respectfully submitted, DBM:CL 1P.B. MALONEY. Mr. Fisher, representing tne oondnoiders on Assessment #95 addressed the Council urging tnat nis propoval be accepted. The motion was made by Alderman Ahbe and seconded by Wettin to postpone action in this matter until tne next regular meeting of tne Council on Marcia 21, 1932, and to invite the property owners in Des Plaines Gardens to attend this meeting. The motion was voted upon by acclamation wnereupon the Mayor declared the motion carried. The motion was made oy Alderman Huxmann and seconded oy Meinsnausen that tne invitation to the pro- perty owners in Des Plaines Gardens be in tne form of a Notice pub- lished in the Suburban Times, as well as a notice, sent to each pro- perty owner oy mail. Tne motion was voted upon oy acclamation where- upon the Mayor declared tne motion carried. Tje Clerk tnen read tne following for first reading: - A N ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES FOR MUNICIPAL, PURI poses, DESIGNATED THE "ANNUAL APPROPRIATION BILL"" FOR THE FISCAL YEAR COMMENCING JANUARY I, 1932 AND ENDING DECRHER 31, 1932. Mayor Hammerl announced that the council will meet as a committee of the whole, on Wedensday, March 16, 1932 in the office of the City Clerk, in order to further discuss the 1932 Appropriation Ordinance. The City Clerk then read tne following:- RESOLUTION' ollowing:-RESOLUTION WHEREAS, tine City of Des Plaines has passed an ordi- nance for the issuance of tax anticipation warrants payable out of the Tax Levy for the Year of 1931 for the necessary and ordinary expenses lawfully chargeable to the General Corporate Fund, Public benefits Fund, Fire Protection bund, Public Library, Garbage Department and Bond Funds, respect- ively. BE IT, THEREFORE, RESOLVED: That the Mayor and City Clerk of the City of Des Plaines oe and they are hereby auth- orized and empowered to issue tax anticipation warrants in detaosinations of from Fifty ($50.00) Dollars to One T_noussand 01000.00) Dollars eacn, against tne following funds in the following amounts: 516 General Corporate *26,500.00 PUlaliC benefits 1,850.00 Fire Protection 5000.00 Puolic Library 4,100.00 Municipal Band 1000.00 Garbage Department 3,000.00 Bond Funds 8,950.00 Less the amount or warrants heretofore Issued on tne 1961 taxes. BE IT FURTHER RESOLVED mat the mayor and City Clerk oe and tney are nereuy empowered to sell tne said tax antici- pation warrants or any of tnem for a sum not less tnan par, plus accrued interest. BE IT FURTHER RESOLVED tnat tnis Resolution snail be in full force and effect from and after its passage and the approval thereof according to law. PASSED trap day of A. D. 1932. AYES: NAYS: APPROVED this day of , A.D. 1932. ATTESTED and FILED tnis Mayor of tne City of Des Plaines Cook County, iiiinois day of , A. D. 1962 City Clertc. The motion was made oy Alderman hander and seconded oy k'flugriaupt to adopt the proposed resolution. The roil was called on the motion witn tne following result: Ajes; Alderman Anoe, Collet, Pflughaupt, Huxmann, Kinder, Lacey, Wettin, Anzenoacner and Meinsnausen. hays: None. The Mayor thereupon declared the motion carried, and the resolution adopte*. The motion was made oy Alderman Enzenoacner and seconded by Suster to autnorize tne Mayor and City Clerk to issue one 1931 General Corporate Fund Anticipation Warrant in the sum of $5000.00 to the Vehicle Fund of tne apecial eurpose Account of the City; and to instruct tne City Treasurer to transfer five thousand dollar* % *5000.00) from tne Vehicle Fund of tne Special Purpose Account, to tne General Corporate Fund, and accept the siad anttatpation warrant for tne Vehicle Fund as collateral. The roll was called on the motion with the folIwaing result: Ayes Aldermen Ahbe, Collet, Pflughaupt, Huxmann, Kinder, Lacey, Wettin, Enzenbacher and Meinshausam Nays; None. The Mayor thereupon declared tne motion carried. The motion was made oy Alderman Anne aud seconded oy Biazen- bacher to autnorize tne City Treasurer to acceptrinEiMililltigAligPOMBe ants of the -Fire hind and tne Library Fund in tne aggregate sum of not to exceed 040,00.00i to compensate for over drafts in tne Fire Fund and the Library 'Fund. The roll was called on tne motion witn the following result: Ayes; Aldermen Ahoe, uoliet, rflugnaupt, huxmann, Kinder, Lacey, Wettin, Enzenoacner and Meinsnausen. kiaya; Tne Mayor tnereupon declared tne motion carried. The Clerk tnen read tne following for first reading: A N ORDINANCE DESIGNATING A POLLING PLACE AND FIXING THE HOURS FOR THE OPENING AND CLOSING THEREOF, IN THE CITY OF DES PLAINES. 1 517 Tne motion was made oy Aderman Enzenoacner and seconded oy Lacey to put the aoove proposed ordinance on passage. Jane roil waa called on the motion witn tne following result: Ayes; Aldermen Anoe, Collet, Pftugnaupt, Huxmann, Kinder, Lacey, Wettin, . nzenoacner and Mein- snausen. lays; !none. Tne Mayor thereupon declared tree motion carried, The Motion was tnen made oy Aldermen Anoe and seconded oy Collet to adopt the ordinance. The roil was tailed on tne motion witn tne following result: Ayes; Aldermen Anoe, Coliet, J'flugnaupt, iiuxrnann, Kinder, Lacey, Wettin, Enzenoacner and Meinsnausen. .hays; Anne. :Che Mayor tnereupon dedlared tne motion carried and the ordinance adopted. The Clerk tneri read tne following t- Feo. l2, 1.962. Mayor and City Council of tne City of Des Plaines, Coots County, Illinois. tientlemen: 1 herewith enclose statement of H. L. Emerson, Engineer, for services in tne case of *Quinti V. City of Des Plaines.* DBM: CL Very truly yours, D.L. MALONEY. City of Des Plaines X Maloney, Wooster de Wnitesiae, Attorneys l N. LaSalle Street, enicago, Nov. 2nd, To copies of survey for tne original open- ing of Center St. and conference with Mr. Maloney; Dec. 2nd, zxamination of old records and riles pertain- ing to Center St. and conference with Mr. l:a l o -n ey ; Dec. 3rd, Copying and platting deeds of property at corner of Eilinwood & Center 5t., recorded in recorder's office as Documents 68b0+01, 'r' 212`x2, r�-b9b29 and 9109:C i ; Dec. 4tn Plat of survey snowing interjacent oricK structure at tne Sely corner of Ellinwood and Center Wit. on part of Lot 78 in `'own of Hand, as of May il, 191b. *50.06 H. L. i rnerson, Consulting Engineer. Feo. lotn, 1962. The motion was made oy Alderman k uxmann and seconded uy Lacey that this pill oe paid. Tne roll was called on the motion with tne follow- ing results Ayes; Alderman Anoe, Collet, kflugnaupt, nuxmann, Kinder, Lacey, Wettin, : nzenaacner and Meinsnausen. ways; None. Tne Mayor thereupon declared the motion carried. Tne motion was made oy Alderman Lacey ard seconded oy Lnbe to instruct tne Superintendent of Public *ores to remove the flash stop lights put in on trial aoout a year ago, and store tnem.he motion was voted upon oy aciiamation wnereupon tne Mayor declared tne motion carried. Trie Clerk tnen read tne RESOLUTIS O L U T 10 N WHEREAS, Martin i enrens acted as treasurer of tne City of Des Plaines from May 1, 1929 to April 30, 1961; and WHmREAS, the City has made claims against tne surety company on tne pond of Martin Benreris oecause of tne snortage of Fayette O. Merrill and oecause of tne failure of said Martin .Behrens to maintain his records according to the ordinances of the City; And 518 WHEREAS, partial payment Mas been made of tne snortage of .Fayette O. Merril/ and arrangements nave peen macre for payment of the oalance of said snortage and settlement nae peen made witn Martin Benrena for salary witnneti oecause or failure to maintain records as required oy the ordinancea of tne City of Des Plaines; and WHEREAS, the audit of tne records of martin Behrens snows tnat ne pas accounted for all funds received. BE IT, THEREFORE, RESOLVED oy tne City Council or tne City of Des Plaines tnat tne Council goes nereuy acunowieage tnat Martin Denrerrss nas accounted for all funds received oy nim as treasurer. BE IT FURTHER RESOLVED THAT THIS Resolution snail oe in full force and effect from and atter its passage and approval according to law. PASSED tniss day or Feoruary, A.D. 1932. AYES; NAYS/ APPROVED tnis day of February, A. D. 1962. ATTESTED and FILED tnis day of February, A. D. 1532. Mayor of the City of Des Plaines COOK County, liliu0is. City clerk. The motion was made by Alderman Anbe and secnnded oy Collet to adopt tne resolution. The roll was called on tne motion witn tne toil0wing result: Ayes; Aldermen 'Anne, Collett r,f'lugnaupt, nuxmann, Linder, Lacey, Wettin, Enzenoacner and Meinsraussen. rays; axone. '1'ne Mayor thereupon declared tne motion carried. The ClerK tnen read tree following; RESOLVED THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK ARE AUTHORIZED TO :ISSUE THE PROPER WARRANTS IN PAYMENT OF SAME. Gen. Corp. Acct. Jorin .b. Collet Donn Sueter Paul. Huxmann Fritz Wettin George .nzenoacner Otto Rexses Otto lenr cn E. J. Friedricn Christ Wegner Edwin Meyer Ernest Drexler Dick Hammer Wm. Hulke Richard Knapp Henry Heller Max Mau Wm. G i eI ow Puolic Service Co. Frank Fiscner August GusKe Jae Waiter Sam AtKind .Frank Seaman John Larson Poyer's Super Ser. Sta. E. J. . 'riedricn William J. Stratton J. Waiter Purnell & Wils3orI 5000.00 13.60 13.00 13.50 13.00 13.50 50.00 30.03 10.03 180.00 148.50 148.50 135.00 90.00 148.50 26.00 84.60 3.60 319.58 72.00 61.00 86.40 7.b0 '1, b 5 3.60 47.76 2.23 6.00 6.50 .tib Char es hamrne rl Hobart Anoe Waiter Pflugnaapt George r.inder Victor .Lacey Louis Mensnausen Otto hexses E. J. Priedricn D. B. ;aaloney Raymond iiammerl isernard Meenau Artnur mig Joe O'Donnell Alma Nissen Alma aissen W. noenler Mrs. boss Palmer Jahn Larson Puolic Service Co Marjorie Coiiet Otto Bender teorge meyer G. Builis Wm. G ielow William h. Cater 25.00 13.5'0 16.00 16.00 13.00 13.00 250.00 225.00 225.00 148.50 148.00 144.00 90.00 21.60 50.00 25.00 13.50 6.00 00.82 66.00 86.40 6 .Ots 59 . tIV 3.60 729.41 Amuse Bros. Ser. Sta. 3.90 Herman Uomin 22.95 Valvoline Oil Co. 42.`r4 B. Y. Kinder' s Sora 3.44 L. K. Miller 5.00 E. J. Stapleton Geo. 1s; rnard t James:Mag,ill Elsie t;arle Alpert _l ranz. Andrew Ueisen Marvin wails R. W. Button ,Tui -Tread corporation :red.Koell.e 4haries tireitung Des Plaines Auto .body Uo. Meyer Goal ttekaterial Co. The motion was made ny Alderman Anne and seconded oy col et to adopt tne resolution, including tne City payroll for the mouth ©f .tanuary 1952. 'rhe roll was called on tae motion with tne following results Ayes; Aldermen Anne, Collet, k faugriaupt, huxmann, Hander, Facey, Wettin, Enzennacner and M•eirisnausen. i ays; hone. lne Mayor tnereupon declared tne motion carriedaua the resolution adopted. 5.00 o.u0 S.U( 102.b0 40.b0 '03.70 44.0U 1o.00 ti'1.o0 67.50 213.00 84.01 S . A.J. Anaott W n.-.L'rencn ▪ thou Anderson Catnerine nines ben Stango-r George Meyer William J. 6tratton tiermari Domin W. 1. Harris WranK uaeoe Herman yomin Wm. J. Stratton b.UU 3.0U 5.'rb b..0U 14ti . o1) 28.82 2.Uu 1.50 20. uu b't . 5U 2a.0b 4.UU 519 Attorney Matouey then reported on tne question as to wnetner or not tne City Uouncil nas autnorizea to fix the salaries of the employees of the 1'u iic Ainrary. Mr. Maloney stated tnat ne oeiieves that the Uouncii nas. no parer to reduce the salaries of tne employees of the Public Library. 'rhe motion was made oy Alderman Huxmann and seevuaea oy Meinsnausen to instruct kr. iaioney to attend the nearing of tne State Commerce Commission on karma 16, 1952, to oe neid in tne in- serest _ of reducing teiepnorre rates in several neigri-boring cities and report to tne Uouncil what can oe done oy the Council in triis matter. 'ine motion was voted upon oy acclamation whereupon tne Mayor declared the motion carried. The motion was made oy Alderman k flugnaupt and seconded by `*tttytb approve tne minutes of tne Oouncil meeting of r'eoruary ib, 1932 as written. The motion was voted upon ay acclamation wnereupori tne Mayor declared tne motion carried, and tne minutes approved . The motion was made oy Alderman n.inder and seconded oy Wettin tnat tne Council adjourn. Tne motion was voted upon oy acclamation, whereupon the Mayor declared tne motion carried and tne Council adjourned.