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06/29/1932 Special Meeting591 MIMES 07 THE SPBE1AL magma a 07 TBE CITY COUNCIL 07 THE CITY 07 DES PLAINES, HELD fli THE COUNCIL CHAMBERS ON THE 29th, day of 1UAB 1932. AT THE HOUR OF 8 0' CLOCK P. B. More than Etta: 24 house before the hour of this meeting the felloaing ,notice vas delivered by messenger to Mayor Cnar ea }L*mmerl, ant each of the Alderman of the Ci ty t•. - June 27th, 1932 Dear Sir:- Upon irt-Upon order of mayor Onarles Hammer', there will be a special meeting of the City Council of the City of Des Plaines at the City hail, an wedensdaay June 29, 1932, at the hour of 8 P. m. The purpose of this meeting is to pass the ordinance revising the rater rate for water taken from the Cater well, as well as to deliberate upon the matter of vacations for City employees. Respectfully yours, AR 3. I'R_CH Edgar J. 7,siedrich, City Cleric. The meeting wag called to order by mayor Charles Rammer', with Aldermen Ahbe, Collet, Pflughaupt, Dean, Huamann, hinder, Lacey, Friott, knzen- bacher and !einshaueea responding to the roll call. The motion was made by Alderman Lacey and seconded by Dean to amend the proposed water ordinance, so as to make it effective July 5, 1932. instead of June 25, 1932g and to present it for second reading. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. The Clerk then read the proposed water ordinance for second reading. The motion was then made by Alderman huxmann and seconded by Kinder to amend the proposed ordinance eo as to eliminate the first, pf second, third, fourth, fifth, sixth, seventh and eighthparagropha, an 'ell an the word *therefore' in the first line of the ninth paragraph, and substituting the following preambles AMENDMENT TO ORDINANCE PRESENTED FOR YIRST READING AT THI; CITY COUNCIL AT DES PLANS, JUNE I4TH, 1932, RELATIVE TO CONTRACT OF WILLIAM H. CATER, FOR WATER SUPPLY. That said ordinance be amended oy striking out all those portions contained on pages 1, 2, 3 and tne first paragraph of page 4, thereof and substituting in place tne followings WHEREAS, on the 21st, day of October, 1926, in accordance with ordinance regularly adopted, the City of Des Plaines entered into a contract with WILLIAM H. CATER, purporting to grant to WILLIAM H. CATER the exclusive right to furnish water to the City of Des Plaines for a period of thirty (301 years, at a rate of fifteen (154 cents per thousand gallons for theaaid period; and WHEREAS, under the law, a contract of such nature for such period of time is reviewable and may be modified as to the terms thereof and particularly as to the terms of payment provided therein for the eater supplied: and WHEREAS, the said City of Des Plaines has other sources of water supply for which it is obliged to pay certain stated monthly minimum charges for electric current to pperate the pumps and equip- ments at wells, at such sources of supply; and WHEREAS, it is inequitable that the said City of Des Plaines should be obligated to make payment /of said certain stated monthly minimum charges for electric current without being able to operate said wells at least to the extent of the consumption of current equal 592 to the amount of such monthly minimum chargee; and, witgaust the said rate of fifteen (lb%) cents per thousand gallons is excessive payment at this time for such water supplied by WILLIAA [ H. CAtZR and results in a profit to nim in excess of a reasonable return on hie investment in the well from which he supplies said City with water. The roll was called on the motion with the following results Ayes; Aldermen Pflughaupt, Huxtsann,.. g.inder, Wriott and aieinshattsen, hays; Ahbe, Collet, , Lacey, and Enzenbacher. There being a tie Mayor lammer1 cast his vote as "Iay and declared the motion defeated. The motion was then made by Aderman Lacey and seconded by Collet to amend the proposed ordinance by striking from. the second paragraph the words 'with a capacity of in excess of seventy five thousand (?5,000) gallons per day", and to change the end of the third paragraph from `is of a better quality than that pumped from the Cater well; and *to* is of a quality suitable for domestic use; and", also to eliminate fram the eighth; paragraph the words 'the said Cater well and equipment does not exceed ire- value the sum of Thirty-five Thousand Dollars ($35,000.00), and ", and to strike out of the ninth paragraPh the word *therefore* and to put the proposed ordinance as amended, on second reading. =demi& :Hamann asked that it be made a matter of word that he does not favor the insertion of many of the statements included in the preamble of this°proposed ordinance but that he is nevertheless voting for this adoption of this ordinance for the sake of ordinance itself even though he very much dislikes the preamble. The roll was called on the motion, with the following results /Ayes; Aldermen Ahbe, Collet, Dean, Huxmarin, minder, Lacey, l'riott, Enzenbacher and Meinshausen. sways; Alderman Pflughaupt. The Mayor thereupon declared the motion carried, and the Clerk read the following final draft for second reading= ORDINANCE WHEREAS, en the 21st day of October, 1926, in accord- anile with an ordinance, the City of Des Plaines entered into a contract with William H. Cater purporting to grant to William H. Cater the exclusive right to furnish Water to the City of De* Plaines fora period of Thirty (30) years, at a rate of fifteen cents (15%) per thousand gallons for the said period; that said contract was entered into without a vote of the peipLte of the City of Des Plaines; and WHEREAS, at the time of entering into the said contract, the City of Des Plaines was the owner of certain wells equipped with centrifugal pump and motor located near the Des Plaines at Ashland Avenue; that the water from said wells is of a good quality for domestic use; that at the present time and ever since entering into the said Cater contract,the City of Des Plaines has been required to pay the Public Service Company of Northern Illinois a certain stated monthly minimum charge for electric current to operate the pump and equipment at said wells of Sixty-nine Dollars and Fifty cents (369.50) per month, and since the entering into the said Cater contract, the said current paid for by said Minimum charge has not been used by reason of the previsions of the said contract providing that William H. Cater should furnish the entire supply of water from the Cater well; and WHEREAS, the City of Des Plaines, prior to entering into the Cater contract, nada contract with the Chidago and North Western Haaiway Company for the purchase of water from the said company from the Norma Well at the rate of three dents (344 per thousand gallons blur the cost of pumping water used by the City of Des Plaines and also water used by the Chicago and North western Naiiway Company, and that the cost of electricity used in pumping water from the said well is approximately six cents (6%) per thousand gallons, and the water from the said well is of a quality suitable for domestic use; and 593 WHEREAS, during the year of 1929, the City of Des Plainespaid ailliam H. Cater the sum of Seventeen Thousand :Viva Hundred Sixty-nine Dollars ($17069.00) for the pumping equipment in the said Boma Well and also for a well drilled by Lane & Bowler near the Yes Plaines River, and that tne said well drilled by Lane & Bowler was on the said date of no value and that the water ootainable therefrom was not suit- able to domestic uses and that the said well has been abandoned by the City, and the equipment removed therefrom, and the City of Des Plaines is deprived of the use of its own well an Ashland Avenue and of the Norma Well and equipment purchased as aforesaid• by the said Cater contract; and WHEREAS, the said contract with tililam H. Cater provides for the charging of a water rate to the users of the City of Des Plaines and users of water furnished by Des Plaines sufficient to provide for the payment of fifteen cents (154 per thousand gallons to the said William H. eater and also to provide_a reasonable reserve to guarantee the payment to the said William H. Cater of the moneys provided for the said water used; and WHEREAS, the said contract with William h. Cater and the ordinance authorizing the execution of the said contract are an unreasonable limitation upon the legialative rights and powers of the City of Des Plaines arid deprive the City of its right to provide for the heeds of its people in regard to a supply of water, and that the said provisions of the said contract and ordinance are otherwise unreasonable and void; and WHEREAS the said contract and ordinance do unreason- ably provide for a stated price of water for the entire period of the said contract and that the said provisions of the said contract and ordinance provided for the said sum are unreasonable and voil and that the City of Des Plaines, as a governmental body, has the power, notwithstanding any provision of said contract, to provide for obtaining water for its needs and the needs of the people of the City of Des Plaines from sources available and to fix the price of water as the facts and circumstances may demand and as may be reasonable; and WHEREAS, the City has paid the said william H. Cater over and above the cost of electrical current approximately Twelve Thousand Dollars ($12,000.00 per year for the water pumped from the said well for more than four (4) years, and that said sum is greatly in excess of a reasonable price for said water pumped, and considering the value of said well and equipment, the cost of maintaining said well and -equipment, the quality obtained therefrom, the amount for which the City. can obtain supply of water from other sources, the expense 'which the City of Des Plaines incurs in operating said pumps and equipment, and considering all other questions which may properly be considered in determining a reasonable price for water which the City of Des Plaines should pay i11iam H. Cater, the sum of ten cents (104 per thousand gallons less the cost of electrical current used in pumps said water is hereby fixed and determined to be a reasonable price foi the City of "es Plaines to pay for water taken from said Cater well. BE IT, ORDAIRED oy the mayor and City Council of the City of Yes Plaines, Cook County, illinoist SECTIOAlt That beginning 4uly 5, 1932, the City of Des Plaines shall, in the supplying of water to the people of WA the water users of the City of Des Plaines, take from its wells near the Des Plaines River at Ashland Avenue such quantity of water as may be pumped by the use of the minimum amount of electrical current for which the City of Des Plaines is charge- able each month under its contract with the Public Service Company of Rorthern Illinois for the said wells and plant, the said sum being at the present time under the said contract 594 three thousand four hundred seventy-five (3418) A4lowatt hours per month for the said 'wells and plant; the said 4i1owatt Hours for which tho.said City of :Des Plaines is cnarged Sixty..nine Dollars anf Fifty Cents (.09.60) per month will pump tne sum of approximately Three hundred fifty tnouaand (3b0,000) gallons of water per montnrwnich is the said approximate number of 'gallons that shall be, after July 5th, 1932, taken from the said welis near the Des Plaines River at Aehland Avenue; that tne City of Des Plaines shall alto, tor tne purpose of supplying water to the people of the water users of the City ofJes Plaines, take from the norms well and supply to tne 'said peOple- and water users the following quantities of water* During the and March, said Norma During the May, 2..600 months; months of December, January, Peoruary 2,0(,0,000 gallons of water from the Well -each month months of October, llovember, April and 000 gallons of water for each of -said During the months of June, July, August and Sept- ember, 3,260,000 gallons of water for each -of the said montns. And that the balance of tne water needed oy tne City to supply the citizens and water users of the city of -,"es Plaines wit water stall be taken,fram tie said Cater well providing, now-. ever, that in the event in any single day the amount of water which stall be pumped from the said Cater well shall equal the sum of six hundred tnousand (600,000) gallons, thereafter all water for the said day shall be taken from the norms Well up to the capacity of the said Norma Veil, excepting in a case of emergency when .the water may be taken from any source -available, the intent hereof oeing that in no one day shall the said Cater well furnish to exceed six hundred tnousand (600,00) gallons unless the other water facilities of the City are incapable of &applying the balance of the amount demanded. SECTION 2t That the sum of ten cents (.100) per thousand gallons be and it is hereby fixed as the price ec be paid WilliamH. Cater for all water to be pumped from the Cater well in the City of Des Plaines, Illinois, after the 25th day of July 1932, by the UitY of Des klaines under the said contract between the City of "es Plaines and William A. Cater, and that the Said 'William A. Cater thereafter be paid the said sum of ten cente (100) per tnousand gallons as tne price for water under the said Cater contratt less tne cost of electrical current used in operating said pump and motors as provided under said contract between the City of Des Plaines and William H. Cater. The cost of electrical current for operating the said 44ter weil, pumps and motors, is to oe deducted from the monthly amount due williamt. Cater at the said rate of ten cents (100) per tnousand gallons for water pumped from said Cgter well as provided in the said contract with William H. Cater. SECTION 31 That all ordinances or parts of ordinances in conflict terewitn oe and tne same are nereby repealed. SECTION 4s That this; ordinance snail oe in full force and effect from and after its passage and approval according to law. PASSED this day of June, A. D. 19;52. AYES: NA/St APPROVED dayofJune, A1L• D. 1932. ATTESTED and FILED this Mayor of the City of Des Plaines, day of June, A. D. 1932. Cook County, Illinois. City Clerk. 595 The motion was made by Alderman Anzenbacher and seconded by Ahbe that the proposed water ordinance be passed and adopted as read. The roll was called on the motion with the Following result: Ayes; Aiderman Aflbe, Collet, Pflughaupt, Dean, Huxmann, hinder, Lacey, Yriott, . naen bacher and Meinshauseu. Says; Mane. The Mayor thereupon declared the motioncarried and the ordinance adopted.. Alderman fiuxmann then submitted the following proposed resolution which was read oy the 'lerkt- • R E S O L U T I O N MHIAS, the City Council of the City of Des Plaines has on this date passed an ordtnadce whereby it is provided that compensation to be paid to WILLIAM H. CATER, for water furnished to the City of Des Plaines, is reduced from fifteen (15% cents to ten (io%J cents per thousand gallons. AND 'WHEREAS, such reduction is compensation for water furnished to said city enables tat to substantially reduce water rates to consumers, NOGG, THEREFORE, be it and it is hereby resolved that the water committee prepare and report to the City Council, a revision of water rates to consumers in. said city, proportionate to the reduction in rates to said ;WILLIAM H. CATER. Datedt j"une 20, 1932. The mbtion was made by '1derman i uxmiann and seconded oy seinshausen to adopt the above proposed resoltabina. The roll was called on the motion with the following results Ayes; Aldermen Ahbe, Collet, rflu- ghaupt, Dean, Huxmann, hinder, Lacey, Friott, Enzenbaacher and M'eaia- shausen. nays; stone. The Mayor thereupon declared the motion carried and the resolution adopted. The motion was made by Alderman Iuxtmann and seconded oy Meinsshausen to instruct the Finance committee to submit a draft of the 1932 Tax Levy Ordinance at tne regular Council heeting of July 18, 1532. The motion *as voted upon oy-Acclamation, whereupon the Mayor declared the motion carried. At this point Alderman Collet was excused from the meeting by Meyor Hammerl. Mayor Hammerl introduced the matter of vacations for City Ai employees. The motion was made oy Alderman Huxmann and seconded by- Meinshausen to all city employees be given one week's vacation with pay, provided that no additional expense to tne city is incurred there- by, and that the respective committee chairmen report to the Council any cases where additional help has been employed. The asok roll was called on the motion with the following results Ayes; Alderneu Ahbe, Pflughaupt, Dean, Huxmann, Kinder, Lacey, oriott, Enzenbacher and Meinehausen. says; done. The Mayor thereupon declared the motion carried. The motion was made oy Alderman Meiushausen and seconded by Lacey to adj ourn. The motion Was voted upon by 'acclamation, 'hereupon the Mayor declared the motion carried and the council regularly adjourned. IEDRIf, Cit Clerk.