04/01/1936MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF DES
PLAINES HELD Iid THE CIZTY:.CLZRK'S
OFFICE ON THE 1st DAY OF`APBI`Ii,A.D.
1936 AT 8:00 P.M.
} : 1 I
CALL TO ORDER: The meeting was called to order by
Mayor George_W.ninder, presidingth Aldermen Ahbe, Pflughaupt,
Fu11e, MacLuckie, Frederick, Lemke, Schwanbeck and Campagna
responding to the roll call. Aldermen Carrell and .bishop were
absent during the entire meeting.
READING THE CHILL OF SPECIAL MEET ING : The Clerk then
read the following call of meeting and waiver:
March 31 1936
TO THE MEMBERS OF THE CITY COUNCIL
OF THE CITY OF DES PLAI1ES
Gentlemen:
Notice is hereby given that upon call of Mayor
George W.Kinder there will be a special meeting of
the City Council of the City of Des Plaines at the
City Hall,Des Plaines, Illinois on Wednesday, April
1,1936 at 8:00 P.M.
The purpose of the meeting is to consider action
to be taken with respect to the PWA's authorization
with respect to re -advertising for bidsfbr Section A
of P.W.A..kroject ;=7270, necessitated by termination_
of contract by the B -u9 Construction Co.
Respectfully
EDGAR J.FRIEDRICH
City Clerk
WTAIVER OF NOTICE AND CONSENT TO YTTPTING.
We, the undersigned, being all of the members of the City
Council of the City of Des Plaines, Cook County,Illinois,
do hereby jointly and severally waive notice of the time,
place,cate and purpose of a special meeting of the City
Council of the City of Des Plaines, to be held on the first
day of April,1936 at 8:00 P.M. at the City hall in the said
City of Des Plaines, and consent to the holding of such a
meeting and to the transaction of any and all business that
may come before such meeting..
Dated this 31st day of. March 1936.
NA CTE ADDRESS SIGNATURE
George W.Kinder
Hobart Ahbe
James J.Carroll
Fred A.Fulle
G.W.rflughau t
C.L.Bishop
E .D.MacLuckie
E.A.Frederick
John Lemke
Samuel Campagna
Theo.Schwanbeck
t-enneth G.Liffeyer
1120 Jeannette Ave
2118 E.miner St
1456 Perry St
1445 Ashland Ave
846 Center St
721 Pearson St
650 Parsons Ave
941- Wo odlawn Ave
918 Walter Ave
1214 Center St
Cora St
1055 Des Plaines
George W.Kinder
n..Ahbe
James J.Carroll
Fred A.Fulle
G .W.Pflughaupt
C.L.Bishop
Edwin D.MacLuckie
E.A.Frederick
J .W.Lemke
S.C. Campagna
T.Schwanbeck
AveK.G.Meyer
P.W.A.PROJECT 17270: Mayor Kinder reported that the Clerk
pursuant to council instructions of March 30,1936 wrote the following
letter and delivered it in person to Mr. Carl H.Bauer, State P.W.A,
Director:
92
maliGh 31 1936
Carl H.Bauer
Director Public Works Administation
20 LI -Wacker Drive
Chicago,lllinois '}
Dear Sir:
Inasmuch as Mayor George W.:Mnder -had 'ritte'n
you on the 12th of .l arch asking for permission and
authorization to re -advertise for bids on 1 W A
Project #7270, 1 have been instructed by the
Council to ask for an early reply to this letter.
Very truly yours,
EDGAR J.IEDRICH
City Clerk
He reported further that upon delivery of this letter a
conference was held of which the following is a memoran-
dum:
FEDERAL 77e ;RGENCY ADMINI>STRATION OF PUBLIC WORKS
March 31 1936
I OR S DU1I ON CONFERENCE :
Held in the State Director's Office; those being
present were E.J.Frederick, City Clerk of the
City of :Des Plaines, Messrs;. Roth, Rounds, nuguenin,
Black and Glassman and myself.
The following was agreed:
1. The City of Des Plaines will accept the termi-
nation of contract as offered by the B.Z.
Corrttuction Company on Section "A".
2. The City of Des Plaines will submit to the
State Director's Office not later than April
2,1936, revised plans and specifications
for the project as it now stands.
3. They will re -advertise this project; bids to
be returned on April 13,1936; supervised by
the Public Works Administration in the usual
way; and the new contractor, after approved
award of this office, will start construction
on April 15,1936.
C.H.BAULR
State Director, Y.W.A.
Illinois
The Clerk then read the following proposed resolution:
RESOLUTION
WHEREAS because ar the breach of contract of B- a`.
Construction Co. in the performance of its contract
under what is known as City of Des Plaines Water Work s
P.W.A.Pro ject #727-0, and
WHEREAS: It has become necessary for the City of
Des .'laines to re -advertise for bids for Section A
Construction of Softening Plant, Reservoirs and
Pumping; Station, P..i.A.Project #7270, and
WHEREAS: The Federal Emergency Administration of
Public Works has approved the re -advertisement for
bids for said Section "A",
THEREFORE RE IT RESOLVED by the City Couail of
the City of Des Plaines that it does hereby re -advertise
for bids for said Section "A" - Construction of Softening
Plant, Reservoirs and Pumping Station" P.W.A.Pro ject
'/P7270;
BE IT FURTHER RESOLVED that said bids be returnable
April 13 1936;
BE IT FURTHER RESOLVED that advertisement for bids
be published in the Des Plaines Journal.
The motion was made by Alderman Frederick and seconded
by Lemke to adopt this proposed resolution. The Mayor put
the question and the Clerk called the roll with the following
result: .'.yes; Aldermen Ahbe, Pflugha_ipt, l+ulle, MacLuckie,
Frederick, Lemke, Schwanbeck :nd Campagna. Nays; j�one.
The Mayor thereupon declared the motion carried and the
resolution adopted.
Kenneth G.Meyer, City Attorney, then submitted
the following proposed resolution which was read by the Clerk:
RES O L U T I O N-
Vvl1E'_EAS the B -W Construction Co. has failed,
after demand made upon it, to proceed with construction
under its contract with this City for the construction
of Softening Plant, Reservoirs, and Pumping Station,
known as Section A of City of Des Plaines Water Works,
P.W.A.Project rf727C, and
WHEREAS, the State Director P.W.A. has approved the
termination of said contract pursuant to the term of
Paragraph it17 entitled "Termination for Breach" of the
"Construction Regulations - Regulations .issued Pursuant
to so-called 'Kick Back' Statute", made a part of said
contract.
THEREFORE BE IT RESOLVED by the City Council of
the City of Des Plaines, Cook County,lllinois, that the
Mayor be instructed to sign the following notice:
April 1 1936
To B -W Construction Co
307 1.M-ichigan Ave.
Chicago,Illinois
American Surety Oo.of New York
175 W.Jackson Blvd.
Chicago,lllinois
In Re: City of Des Plaines
Water Works PWAProject
No .'7270.
You are hereby notified that City of Des Plaines,
pursuant to the terms of paragraph r17 entitled "Termi-
nation for Breach" of the Construction Regulations and
Regulations issued pursuant to so called "Kick Back
Statute", intends to cancel the contract of the B -W
Construction Co., with this City, at the expiration of
ten days from receipt of this notice, because of the
failure of n -W Construction Co. to proceed with
94
construction pursuant to demand -made, upon -
3 -1W Construction Co., under date of March 25,
1936.
•
Unless construction` g'star'ted withii'4'
10 days from receipt of this notice the said
contract shall cease and terninate and the
City will take over the Work and prosecute
same to completion for the account and at -
the expense of the Contractor- B-W.Construction
Company.
City of Des Plaines
By
MAYOR
The motion was made by Alderman Ahbe and seconded by Lemke
to adopt this proposed resolution.. The Mayor put the
question and the Clerk called the roll with the following
result: Ayes; Aldermen Ahbe, Pflughaupt, 2ulle, IacLuckie,
Frederick, Lemke, Schwanbeck and Campagna. Nays; None.
The Mayor thereupon declared the motion carried and the
resolution adopted.
SANDWICH STATE BANK JUDGMENT: Kenneth G .Meyer,
City Attorney, then reported that he has been negotiating
for the settlement of the judgement against the City held
by the Sandwich State Bank in the principal sum of ')9610.53
plus accrued interest of about 2,000.00. He reported
further that the judgment holder seems willing to settle
his claim for a sum equal to principal only, thus saving
the City about ;12,000.00. The motion was made by Alderman
Ahbe and seconded by MacLuckie to authorize the City Attorney
to settle this claim in full for the sum of 89610.53._ The
motion was voted upon by acclamation, whereupon the Mayor
declared the motion- carried.
ADJCU NMT T: The motion was made by Alderman
Ahbe and seconded by Tulle to adjourn. The motion was
-Voted upon by acclamation, wh reupon the Mayor declared
the motion carried and the S0 iaiadil? L1 meeting adjourned.
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