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08/10/1936
1 8 MINUTES 07 THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAMBERS ON THE 10th DAY 02 AUGUST,A.D..1936 AT THE HOUR 07 8:00 P CALL TO ORDES:The meeting was called to orderby Mayor George V. finder, presiding, with Aldermen Ahbe, Fulle, Bishop, MaeLuckie, Frederick, Lemke, Schwanbeck, and Campagna responding to the roll call. Aldermen Carroll and Pflughauptwere absent clueing the entire meeting. READING 4F THE CALL OF THE MEETING: The Clerk the n read the call of this meeting, and waiver of notime and consent to holding this meeting as follows: NOTICE 07 SPECIAL COUNCIL MEETING August 7, 1936. To all members of the City Council City of Des Plaines Gentlemen: Upon order of Marker George W. Kinder there will be a special meeting of the City Council of the City of Des Plaines in the Council Chambers, City Hall, Dee Plaines, Illinois on Monday evening, August 10* 1936 at 8100 P M. The meeting bas been called primarily for the purpose of disposing of matters pertaining to: 1. The Lee -Thacker Pedestrian Underpass. 2. Weller Creek Drainage District 3, Divane Brothers CoMtract on PWA Project #7E70. and to dispose of such other matters as may need the atten- tion of the Council. Very truly yours, EDGAR J. FRIEDRICH City Clerk. WAIVER OF NOTICE AND CONSENT TO MEETING We, the undersigned, being all of the members of the City Council of the City of Des Plaines, County of Cook, Ill- inois, do hereby jointly and severally waive notice of the time, place, date, and purpose of a special meeting of the Mayor and City Council of said City, to be held on the 10th day of August, A.D. 1936 at 8:00 P M at the City Hall, in said City of Des Plaines', and consent to the holding of such meeting and to the transaction of any and all business that may come before such meeting. Dated this 7th day of August, A D 1936. Name Address Signature 67-WEInder 1120 Teannette Ave G i1 Kinder Hobart Abbe 2118 Miner St Hobart Abbe 3 J Carroll 1456 Perry St Mrs. 3 J Carroll F. A. Tulle 1445 Ashland Ave F A Fulle 846 Center St G. W Pr/ taghaupt C L Bwhop E D MaeLuckie E A Frederick J Lemke Sam Campagna Theo Schwanbeck K G Meyer W H Allen 721 Pearson St 650 Parsons Ave 941 Woodlawn Ave 918 Walter Ave 1214 Center Cora St 1055 Des Plaines 722 Lee St C L Bishop E D MacLuckie E A Frederick T W Lemke S Campagna T Schwanbeck Ave KG Meyer B H Alien Time 511.8 fid' 5125 PM 5:30 PM 5:10 PM 5:12 PX 7100 P1 7:05 PM 7:20 PM 7:55 PM 7140 PM 7,45 PM 5105 PM 199 P W A PROJECT #?270 DIVA/E BROTHERS: Kenneth G. Meyer, City Attorney, then read the following proposed resolutions RESOLUTION BB IT RESOLVED by the City Council of the City of Des Plaines that the Mayor and City Clerk be and they are hereby authorized to execute and deliver on behalf of the City of Des Plaines, the following contract, to -wit: AGRXECNENT. THIS AOREEMENT made this day of 1936 by and between the City of Des Plaines a municipal corporation hereinafter called the city" and John J. Divane, Daniel J. Divane Jr., William T. Divane trading as Divane Brothers hereinafter called "Divan Brothers* Witnessetht WHEREAS heretofore a certain contract was entered into between the parties hereto, whereby the said Divane Brothers agreed to perform certain labor and furnish certain materials to the City of Des Plaines in connection with the construction of a water softening plant and reservoir, known as City of Des Plaines Water Works, P VA Project #72711, hereinafter called *The Project" and WAS certain delays in construction have taken place, whereby the said Divane Brothers claim to be put to extra expense in fulfilling their contract, and WHEREAS the City of Des Plaines denies any responsibility for said 'Ways and denies any liability to the said Divane Brothers for extra compensation as claimed by the said Divane Brothers and WHEREAS the parties hereto are desirous of amicably settling their differences NOW THEREFORE, IT IS agreed by and between the parties hereto as follows: 1. That the extra cost of construction to be sustained by Divane Brothers is hereby fixed at a sum not exceeding $950.00. 2. That. Divans Brothers will proceed with the per- formance of their contract dated October 25, 1935 promptly upon being notified by the City's Superin- tendent of Construction, or the City Clerk that the psoject has reached the stage of completion- necessita- ting performance by Divans Brothers. 3. That Divane Brothers will furnieh J. Albert M. Robinson, consulting engineer with details of all equipment to be furnished within ten days from this date 4. That the City will pay unto Divans Brothers the sum of $400;.00 on account of said $950.00 mentioned in paragraph #1, as follows: $100.00 when Divane Bro- there' first requistion for payments under their con* tract is approved; and $300.08 *hen Divane Brothers final requietion for payment under -their contract is approved. 5. That the balance of said $950.00, to -wit, $550.00, is to be paid to said Divane Brothers out of and only from any moneys collected from the B -W Construction Company or the American Surety Company, surety on the completion bond of B -W Construction Company. 6. The City agrees to file suit against the B -W Con- struction Company and the American Surety Company within a reasonable time after the completion of said project. It being ;the contention of the City, that the B.* Construction Company, defaulted on their con- tract, without just cause and thereby created the delay in the construction of said project. 200 It is expressly agr-Wed between the parties hereto that said contract dated October 25, 1935, be and is hereby modified in than said Divane Bro- there shall commence work by August 25,1936 (the condition of said project permitting), and substantially complete their work ander said con- tract by Oct 15, 1936, and completely finish said work by Nov 1, 1936 and have until Nov 15th, 1936 to make all necessary adjustments. 8. It is expressly agreed between the parties hereto that the terms and conditions of the contract between the parties hereto dated October 25, 1935, remain unchanged, except as to time of completion and the amount to be paid Divane Brothers, which amount is reduced by the semi of $8:31..44 by reason of certain materials which the City was obliged to purchase and which should have been furnished by Divane Brothers, before this date. Witness the hands and teals of the parties hereto the day and year first above written. ATTEST: Gins C'1er City of Des Plaines BY Mayor 'grading as Divane Brothers. The motion was made by Alderman Ahbe, seconded by Alderman Frederick to adopt this proposed resolution as read. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Aldermen Abbe, Pullet Bishop, Mac- Luckie, Frederick, Lemke, Schwanbeck, and Campagna. Nays: None. The Mayor thereupon declared the motion carried and the reoolution adopted. P M A PROJECT #7270 -WESTERN GAS CONSTRUCTION CO: The clerk then read the following proposed resolution: RES0LtTT I©N RESOLVED THAT THE FOLLOWING BILL I3 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE INSTRUCTED TO ISSUE PROPER VOUCHER.WARRANT IN PAYMENT OP SAME. The western Gas Construction Division of the Koppers Construction Co. Inv #32110 dated 7/30/a6, periodical estimate for partial payment #2 for period 4/1/36 to 7/31/36 650.25 The motion was made by Alderman MacLuckie, seconded by Cam- pagna to adopt this proposed resolution as read.. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Ahbe,.Fuile, Bishop, Mac- Laa:kie4 Frederick, Lemke, Schwanbeck, and Campagna. Nays: None. The Mayor thereupon declared the motion carried and the resolution adopted. 201 1211-THACKER PEDESTRIAN UNDERPASS: Mayor Kinder called the Council's attention to the fact that Mese some kind of canopy is provided, over the exits of the Lee+Thacker Pedestrian Underpass, which is practically completed,there is danger of a hazard from rain, snow and ice during the winter months. The motion was made by Alderman Frederick, seconded by MacLuckie to instruct the Mayor and City Clerk to ascertain from the State Highway Department whether or not such canopys could be fault with the City's portion of the State Motor Fuel Tax, whether or not the State Highwat Department would approve the construction of such canopya and such other facts as may be necessary. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. RETAIL CRUOR LICENSE FEES: 8/4/36 Hon George Kinder, Mayor, and City Council Police Committee Licensing Committee Des Plaines, Ills Messrs: Due to the fact that ten out of the eleven Retail Liquor -Dealer Licenses in your City, whose principal business is the tavern business, are members of our State organisation, we would appreciate a meeting between your City Council as a committee of the whole, and a local committee from our organization, in an attempt to settle the additional licensing question, which covers cigarettes-, tobacco, food, etc. in the case of taverns. • Would appreciate advice as to when such a meeting could be arranged. Yours very truly, Retail Liquor Dealers Protective Assn of ill. Local #33 Local #33 Jos Hoss, President G. A. Stettmack, Secretary Mail Address RFD 1 Box 79 Des Plaines, I11 Phone 678,D P The motion was made by Alderman Lemke, seconded by Campagna that the Council, as a committee of the whole, meet a committee from the Retail Liquor Dealers Protective Assn of Illinois on Monday evening September 14, 1936 at 8:00 P M. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. • ADJOURNMENT: The motion was made by Alderman Ful le , seconded by Macl,uckie to adjourn. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried and the Council regularly adjourned.