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08/15/1932MINUTES OF THE REGULAR MEETING OF THE CITY COUYCIL OF THE CITY OF DES PLAISES, HELD IN THE COUNCIL CHAMBERS ON THE 15th DAY OF AUGUST A. D. 1932. AT THE HOUR OF 8 O'CLOCK P. M. • The meeting was called to order by Mayor Charles Hammerl with Aldermen Ahbe, Collet, Pflughaupt, Dean, Huxmann, Kinder, Lacey, Friott, Enzenbacher and Yeinshausen. responding to the roll call. The Clerk then read the•report of City Collector, Fritz Wettin, dated August 5, 1932 showing receipts of the City Collector's office to August 5, 1932. This report was referred to the Finance Committee by the Mayor. • • None of the standing committees of the Council had reports to offer. - The Clerk then submitted to the Council for approval the surety bonds of Fritz Wettin, City Collector and Marjorie Collet, Stenographer. The motion was made by Alderman Kinder and seconded by Collet to refer these bonds to•the Judiciary Committee for ex- amination and recommendation. The motion was voted upon by accla- mation, whereupon the Mayor declared the motion carried: • The Clerk then read the following letter: • • August 8, 1932. • Mayor and City Council of the City of Des Plaines, Cook County, I11. In Re: Telephone Proceeding before the,Illinois Cominerce Commission. Gentlemen: In the above matter the Commerce Commission have ordered the Middle States Telephone Company to make some changes and reduction in rates, and with the changes and reduction, the citation issued against the Company was discharged. The chief reductions and changes in rate are as follows: Present monthly billing. NET RATE Business: Individual line -4.75 To party line ---4.00 Rural,' eight party 2.75 Residence: Individual line3.50 Two Party line --2.75 Four Party Line -2.00 Roural, eight party 2.25 Cost of Service, after 9-1832, if service account is paid on or before 15th of the month Proposed monthly billing.. GROSS RATE 4.75 4.00 2.75 3.25 2.50 2.00 Prompt NET Monthly payment SERVICE savings Discount INVOICE.to sub- scriber. .25 4.50 .25 • .25 3.75 .25 .25 2.50 .25 .25 .25 .25 2.25 .25 3.00 2.25 1.75 .50 .50 .25 2.00 .25 In addition to these reductions, there are some other adjust- ments of miscellaneous rates, service connections, etc. DBM:CL Respectfully submitted, DAVID B. MALONEY. 621 The motion was made by Alderman Huxmann and seconded by Lacey to place this letter cn file. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. The Clerk then read the following petition: We the undersigned residents on White at., in liver 1Tiew, o'f nes Plaines, Petition the City Council, to enforce laying of sidewalks from Cakton St. South, to existing sidewalk. H. B. McAlister, White St. Ernst J. Blenkle, White St. Robert Gapinski, White St. Louis Krumwiede, White St. Kristina Anderson, ';shite St. August Baucheran, White t. M. O'Malley, d pi to St. Louis Gapenski, White $t. John Jordan, White St. H. Gross, White St. Frank Krumwiede, ':`bite St. Rose Feldten, 'tihite 3t. The motion -was made by Alderman .nzenbacher and seconded by Ahbe to refer this petition to the Streets & Sidewalks gommittee for investi- gati on'and teport. The Clerk then read the following letter: To the Mayor and City Council of the City of Des Plaines. Gentlemen: As most of you know I have been a resident of the City of Des Plaines for a good number cf years and have been engaged in the business cf fruit and vegetable peddler. I have always paid my peddlers. license fee to the City, but since the fee was raised to 05.00 I found it almost necessary to take ad- vantage of my veteran's privilige and there fore operated on a veteran's free permit up to July 1, 1932 when free veteran's permits were discontinued. - I am perfectly willing tc pay my license at any time I am legally required to. do so, but I feel that Inasmuch as I operated up to July 1, 1932 under a legal veterans permit, the Council should make an exception in this case and authorize the City Clerk 'to issue me a peddler's license from July 1, 1932 to December 1, 1932 for half the annual rate. I will greatly appreciate your help in this matter. Des Plaines, Illinois August 15, 1932. Yours truly, SAMUEL L PAI"FANS The motion was made by Alderman Hunann and seconded by Lacey to instruct the Clerk to issue Mr. Pantano a half years peddlers license at one half the annual rate as requested in the above letter. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. Des Des The Clerk then Read the following letter: DES PLAINES PUBLIC IBARY August 5, 1932. Plaines City Council, Plaines, Illinois Gentlemen: The Library Board wishes to have you reaction in the matter of painting the exterior woodwork and gutters of the Public Library building. This must 622 • be done within a reasonable time or it may be necessary to replace some of this wood members of doors, sash etc. which are becoming extremly weathered. We can re- ceive bids for this work or purchase the paint and have the. janitor do the work at a small cost in addition to his salary, which ever would seem most satisfactory. Awaiting your adtion we remain Public Library Board, K. W. DOWNING Sec. The motion was made by Alderman H'uxmann and seconded by Pflughaupt to instruct the Library Board to get several bids on' the work out- lined in the above letter and submit them to'the Council for con- sideration. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. The Clerk then read the following letter: - City Council, Des Plaines, Ill. Gentlemen: Des Plaines, I11. Aug. 15, 1932 • It being the intent and purpose of the Second Ward Improvement Association to participate in any action to main- tain the high ideals which have been established in our city; we wish to call your attention to an existing condition which is no doubt due to an oversight. We.refer to the absence of some sort of a protecting fence or guard around the base of the tower supporting the water tank on the river bank opposite the water pumping station. Several of our members` have reported seeing young boys and older boys climbing this structure at various ties and feel that the city might become liable in event of an accident from this cause. • We feel that if this matter is called to your atten- tion it will be taken care of. Very truly yours, BOND WARD IMPROVEMENT ASSOC. E. P. RI'EI,LEY Secreatry. P. S. We anticipate an early response to our previous communication• with regard to the darkened condition of the, stub end streets in the Second Ward. The motion was made by Alderman Kinder and seconded by Ahbe to refer this matter to the Mater Committee. The motion was voted upon by Acclamation, whereupon the Mayor declared the motion carried. The Clerk then read the following letter: • Honorable Mayor and City Council City of Des Plaines August 13, 1932. I am enclosing herewith a statement from E. J. Feldt for work done in the construction cf the wash- room at the State Highway Police Station. The con- tract price on this job vas ;195.00 During the con- struction of the work, I authorized the installation of a section of a chrome plated pipe which Was not encl»ded in the original contract, at the agreed cost of $2.50. This brings the total due Mr. Feldt at this time to $197.50. As the work has been done in conformance with the plan and specifications, I recommend the acceptance of the job and the pgyment of the $197.50 to Mr. Feldt. • I recommend the banking of dirt around the outer edges of the building by the city forces, in order to reduce the lik,elyhood of freezing this winter. Respectfully submitted, CJ : VB CANTER ,TENKIUS F. J. FELDT Plumbing and Heating August 12, 1V32. City of Des Plaines, Accounts & Finance To installing plumbing in Police Station as per quotation Extra to offset on urinal waste 0195.00 2.50 0197.50 623 The motion was made by Alderman Huxtnann and seconded by Dean to instruct the Mayor and City Clerk to draw a warrant in the Sum of $197.50 in payment of the aforementioned bill. The roll was called on the motion with the following result: Ayes; Aldermen Ahbe, Collet, Pflughaupt, Dean, Huxmann, Kinder, Lacey, Triott, and Meinshausen, Nays; None. The Mayor thereupon declared the motion carried. Alderman Enzenbacher was temporarily absent during this roll call. The Clerk then read the following letter 'I : ,O Y AND ' COSTER Attorneys & Counselors Mayor and City Council of the City of Des Plaines Cook County, Illinois: Gentlemen: August 16, 1932. On Wednesday, August 10th, an order granting 'temporary injunction was issued by Judge William V. Brothers restraining the enforcement of the ordinance providing for the change of rate and taking water from wells other than the Cater wells. This injunctional order was entered on a supplemental bill filed by Mr, Cater. On the 18th day of July, Mr, Huebsch made a motion A before Judge purge• of the Circuit Court for leave to file a. supplemental,bill.and for an injunction. I ap- peared before Judge Burke in response to this motion and Judge Burke on that date held the case for argument as to the reight to an injunction. The matter came on for argument on the afternoon of that day. It was argued for a couple of hours or more. The Court then continued the matter for further argument on the suc- ceeding day, Tuesday, July 19th.. Mr. Huebsch made a motion before Judge Burke to withdraw'his request for leave to filo a supplemental bill and for a temporary injunction, which motion was allowed. No further action was taken ih the matter by Mr. Cater or his attorney until August 9th when notice was served upon me of the intention of Mr. Huebsch to renew his motion for temporary injunction before Judge William V. Brothers. Judge .brothers allowed a temporary injunc- ti on wi thout argument. In allowing the injunction, Judge -brothers pointed out that Ike was not passing on the merits of the question, but was merely granting an injunction until a hearing could be had on this case. 624 Mr. Cater was required and did deposit a $2000.00 surety bond to(protect the City. On behalf of the City of Des•Plaines and the other defendants, I requested that the Court grantus the opportunity of arguing the question of the right to a temporary injunction, My request, however, was not allowed. The City has the right either to appeal from the order granting an injunction or it has the right to file either a demurrer or its answer and present motions to vacate the injunction. This matter being heard during vacation, each week a new judge sits in the Circuit Court. • In the event the Council do desire, I Will take the • necessary steps to have motion presented to vacate • this temporary injunction. I am of the opinion that if appeal was taken from the order, the order granting a preliminary injunction would be reversed. Howerer, I think the interest of the City can be adequately and more economically protected by endeavoring to reach an early conclusion of this matter by hearing on the merits. I desire to assure the Council that the granting of a preliminary injunction is no indecation either of the law or by the Court as to the merits of this matter. I am satisfied now, as I have always been, that the City's attitude in this matter is well sustained by the law and that the City will be finally successful in its endeavor to obtain relief from this contract.. I have prepared an answer to the supplemental bill of complaint and submit copy herewith. I also submit transcript of the discussion had before Judge Brothers when this temporary injunction was granted. Respectfully submitted, DBM:CL D. B.I AALO1 Y The :notion was made by Aldermen Lacey and seconded by Dean to $nstruct D. B. Maloney, attorney for the City, to proceed in an attempt to vacate the injunction mentioned in the above letter from Mr. Maloney. The roll was called on the mbAnon with the following result: Ayes; AldermanAhbe, Collet, Pflughaupt, Dean, Huxmann, Kinder, Lacey Friott, Enzenbacher and 1j1einshausen. Nays; None. The Mayor "thereupon declared the motion carried. Upon the request.of Mr. Maloney, the Clerk then read the following proposed.resolution: RESOLUTION BE.IT RESOLVED by the Mayor the City Council Of—the City of Des Plaines, Cook County, Illinois, that David B. Maloney, Attorney for the.City of Des Plaines, be and he is hereby authorized, directed and empowered to employ two or more witnesses in addition to Engineer, J. Albert Robinson, for the purpose of having said witnesses prepare the testify in the proceedings now pending between the City of Des Plaines and William H. Cater, and that the said Dagid B. Maloney be and is hereby authorized, on behalf of the City of Des Plaines, to agree to pay the said •witnesses reasonable compen- sation, not to exdeed the sum of One Hundred Dollars (100.00) per day. BE IT FURTHER RESOLVED that tails Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of August, A. D. 1932. AYES: 'T. YS; APPROVED this day of August, A. -D. 1932. ATTESTED and FII.D this day of August, A. D. 1932. The motion was made by Alderman Lacey and seconded by Collet to adopt the above proposed resolution. Alderman Huxrnann contended that the rate of $100.00 per day for expert witnesses is exhorbitant, and that $50.00 per day is a reasonable rate. (At this,point Mayor Hummerl ordered Alderman Aube to take the chair temporarily while Mayor Hanmerl took part in the debate.) The roll was called on the motion with the following result: Ayes; Aldermen Ahbe, Collet, Dean, Lacey, and Enzenbacher. Nays; Aldermen Pflughaupt, Huxmann, Kinder; Friott and Meinshausen. There being a tie, Mayor Haidixierl cast his vote as "Aye" and declared the motion carried and the resolution adopted. Alderman Oollet then called.the Council's attention to the fact that there are several alleys on the north side which • were vacated several years ago, but were never recorded. Mr. Maloney, attorney, estimated that it would cost the property owner's approx- imately $40.00 per alley to have the vacation recorded. The motion was made by Alderman Kinder and seconded by 3acey to refer this matter to the Streets and Sidewalks Committee for investigation and report. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. 625 Mayor of the City of Des Plai_es, Cook County, Illinois. s The Clerk then read the following resolution: RESOLVED THAT TIE FOLLO:ING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK ARE AUTHORISED TO ISSUE TI PROPER WARRANTS IN PAYMENT OF SA1IE. E. J. Friedrich Otto Rexses Frank A. Bremer & ons Middle Sta. Tel. Co. Mrs. Ross Palmer Fred Koelle Edward F. ++ilie Fred Koelle Hugo Reiter Tim L ielley Meyer Coal & Material Co. Monroe Llectric Co. Jack -loss Pure Oil Products Co. Fred 'Teplin Charles breitung Wille's Ser. Sta. M .rvin Wells Frank Fischer Joe "alter August Guske Louis °olberding Fred Koelle J. R. Wesley Valvoline Oil Col Inland Supply Coni any Frank A. -Bremer & "ons Pytblic Service Company R. Furard H. H. Mueller Ralph Grant Harry CI , rk 112.50 100.00 .80 12.60 13.50 4.80 55.0o 18.36 3.6o 7.65 4.17 16.6o 13.80 1.54 67;5o 67.50 23.16 7x•75 36.00 59.40 27.00 37.80 43.22 9.35 44.15 11.31 3.30 1071.78 5.00 5.00 5.00 5.00 Frank A. Bremer & Sons 18.20 Otto Rpxses 40.00 Middle Sta. Tel. Co. 2 4.75 Max Mau 39.30 Public Service Col 321.76 George Meyer 4.80 George Meyer 40.12 Albert Uniot 57.63 Louis Clinton 3.15 R. W. -Button 9.00 . Pennsylvania Oil Co. 5.00 Willes ServiceSta. 7.14 Thomas McQueen 192.00 Ben Stangor 74.25 Frank Gaebel 67.50 Otto.Henrich 5.03 Public Service Co. 9.00 Marjorie Collet, 36.00 Roy Fischer 36.00 F. J. Brown 27.00 John.Larson 27.00 George iaeyer 23.73 Meyer Coal & Material Co. 7.79 Poyer Nash Sales 2.85 Pure Oil Products Co. 13.84 "+i lle' s Service Station 18.96 Otto Henrich Post Master 10.06 WM. Siebert 5.00 A. W. St. Clair 5.00 C. E. Crowcroft 5.00 Des -Plaines Food Shope 5.00 626 The motion was made by Alderman Pflughaupt and seconded by Dean to adopt the resolution. The roll was called on the motion with the following result: Ayes; Aldermen Ahbe, Collet, Pflughaupt, Dean, Huxmann, Kinder, Lacey, Friott, Enzenbacher and Meinshausen. Nays None, The Mayor thereupon declared the motion carried and the resol- ution adopted. • Mayor Hammerl then reported that a peddler of bottled, prepared horseradish had been arrested. The peddler claims the right to peddle on the grounds that heisoffering the products of his farm far sale. The motion was made by Alderman Huxmann and seconded by Ensenbacher to refer the case to Mr. Maloney, attorney with instruc- tions to prosecute. The motion was voted upon by Acclamation, 'here- upon the Mayor declared the motion carried. Mr. Maloney, attorney, then autlined the following resolution: RESOLUTION. WHEREAS, there has been paid out of the general copro- rate funds of the city of Des Plaines various bilis and accounts which should properly be chargeagle to the Vehicle Tax Fund and paid out of the Vehicle Tax Fund; and the said dfsbursementa exceed the sum of Five Thousand 45000.00) Dollars; and MMUS, there is now in the Vehicle Tax Fund a tax anticipation warrant fro the sum of Five Thousand ($5,000.00) Dollars chargeable to the corporate funds. BE IT, THEREFORE, RESOLVED by the Mayor and City Council of the City of Des Plaines, Cook County, _• Illinois, that the said sum of Five Thousand (5,000.00) Dollard be charged against the said Vehicle Tax and that the said tax a nticipation warrant issued out of hargeab1e to the corporate funds and placed in the Vehicle Tax Fund be and the same is hereby directed to be returned to the credit of the corporate funds and that the said obligation be marked cancelled upon the books and records of the Vehicle Tax Fund according to this reso lutio BX 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 dayy of August, A:. D. 1932. • AYES: NAYS: APPROVED THIS day of August, A. D. 1932. Mayor of the Gra ty of Des Plaines, ATTESTED and FILED.this 15th Cook County, Illinois. day. of August A. D. 1932. • • City Cldrk. • .• The motion was made by Alderman Ensenbacher and seconded by Lacey . to adopt this resolution. The roll was called on the motion with the *following result: Ayes; Aldermen•&hhe, Collet, Pflughaupt, Dean, Hux- . mann, Kinder, Lacey, Friott, Ensenbacheri and Meinshausen. Nays; None. .The Mayor thereupon declared the motion carried and the resolution • adopted. • • • The motion was made by Alderman Kinder and seconded by Mein- • shausen to approve the minutes of the regular Council meeting of -August 1, 1932 as written. The motion was voted upon by acclamation,, .whereupon the Mayor declared the motion carried,•and the minutes -approved. The motion was made by Alderman Hiammann andseconded by .Kinder that the Council regularly adjourn. The motion was voted .upon by acclamation whereupon the Mayor declared the motion carried, .and the Loufail regularly adjourned. • y IBDRICR, t Clerk