09/20/1937473
MINUTES OF THE REGULAR MATING OF THE
CITY COUNCIL OF THE CITY OF DES PLAINES
HELD IN THE COUNCIL CHAMBERS ON THE 20th
DAY OF SEPTET R,A.D.1937 AT 8:00 P.M.
CALL TO ORDER: The meeting was called to order by
Mayor Hobart M.Ahbe, presiding, with Aldermen Carroll, Johnson,
Pflughaupt, Henrich, Garland, Dopheide, Friott, Lemke, Schwanbeck
and Campagna responding to the roll call. The Clerk reported all
members of the Council present.
THE JUDICIARY AND ASSESSMENT COMMITTEE: had no report
THE POLICE AND LICENSE COMMITTEE had no report to
THE STREETS AND SIDEWALKS COMR,TTTEE: The Clerk then
read the following report:.
To the Chairman of Streets and Sidewalks - Alderman Schwan-
beck - at the meeting of the City Council, held August 16,
1937 the following matter was referred to your committee:
to offer.
offer.
The petition requestion installation of stop and
go lights at the intersection of Des Plaines Avenue
and Keeney Ave and also requesting:
to eliminate heavy truck traffic on Keeney Ave.
Copy of the petition is attached hereto.
E.T.Friedrich,City Clerk
To the Mayor and City Council:
Your committee on Streets and Sidewalks has investigated
the above and has found: (1) That a further study of the
traffic flow at this intersection till be required before
submitting this project to the State Highway Depart lent.'We
are determined that a certain amount Of -hazard exists, hovwever
a definite recommendation for stop and go signal's cannot be
made until the final analysis of the study is' made- by this
committee. (2)Regarding the elimination of track traffic,
it is found that there is a considerable amount of this
traffic by various trucking- com>anys, which create a definite
accident hazard due to the narrow pavement between Des Plaines
Avenue and Manheim Road.
We, your committee on Streets and oidewalks, therefore
recommend: (1)That a formal request for the study for traffic
signals be made at once to the State Highway Department.However,
we find that the Safety Council has had this matter under con-
sideration for some time, and have made an informal request to
the State Highway Department and have been assured their
fullest cooperation in this study. (2) It is further recommended
that the City Attorney be requested to make petition on the
State Highway Department to re-route all heavy traffic over
Oakton Street at the intersection of Algonquin Road and
Oakton Street, and it further recommends that the City Attorney
investigate the probability of establishing an enforceable
weight load limit over Keeney Avenue from Des Plaines Avenue
west to Manheim Road. SCHWANBECK
H.E. PRIOTT
S . CA MPAGNA .
474
The motion vas made by Alderman Schwanbeck and seconded by Carroll
to concur in this report. The motion was voted upon by acclamation
whereupon the Mayor declared the motion carried.
The Clerk then read the following report:
To Chairman Schwanbeck,Streets and Sidewalks Committee, at
the meeting of the City Council held Sept 7,1937 the follow-
ing matter was referred to your committee:
The matter of correcting the apliarent hazard created by
the nevi Stop and Go Lights on Miner Street was referred
to your committee together with the City Engineer.
Will you please therefore consult the City Engineer re-
garding this matter?
E.J.Friedrich,City Clerk.
Your committee on Streets & Sidewalks has investigated the
above and has found: That the stop and go lights as installed
at the present time are inadequate for the proper control
of traffic at the intersection of Ellinwood and Lee Street
and that a traffic hazard exists at the intersection of Miner
Street and -diver Road.
We therefore recommend: That additional stop and go lights
be installed at the interseCtion of Ellinwood and Lee Street
and that a no left turn sign be erected at the north east
corner of River Road and Miner Street all in accordance
with the attached sketch.
T.Schwanbeck
H.E.Priott
S. Campagna.
The motion was made by Alderman Schwanbeck and seconded by
Lemke to concur in this report and refer the matter to the
Streets and Sidewalks Committee with power to act. The Mayor
put the question and the Clerk called the roll with the
following result: Ayes; Aldermen Carroll, Iohnson, Pflughaupt,
Henrich, Garland, Dojheide, Priott, Lemke, Schwanbeck and Campagna.
Nays; None. The Mayor thereupon declared the motion carried.
THE COMMTTTEE ON PUBLIC WORKS, BUILDINGS AND PLATS: The
Clerk then read the following report:
To Chairman Campagna - Public Works, Bldgs & Pits Committee
at the meeting of the City Council held Sept. 7 1937 the follow-
ing matter was referred to your committee:
The application of a Lake -Cook Farm Supply Co. for the
installation of gasoline tanks on their property located on
the northeast corner of Lee St and Oakwood St.
This application was referred to your committee tugether
with the Fire Marshall and Bldg. Inspector.
Will you please therefore get in touch with the Fire Marshall
and the Bldg.Inspector regarding the above matter?
E.J.FRIEDRICH City Clerk.
Your Committee on Bldgs. & Plats has investigated the above
and has found: The above location is zoned for commercial
property and we are unable to see where it will violate any
restrictions, providing it does not conflict with the proposed
750 feet gasoline station law.
We therefore recommend:That tae Lake -Cook Farm Supply Co. be
granted a permit to erect a gas station at Lee & Oakwood ave.
upon approval of Mayor and City Council. S.Campagna
J.W.Lemke
475
Tie motion was made by Alderman Campagna and seconded by Johnson
to concur in this report. The motion was voted upon byacclamation
whereupon the Mayor declared the motion carried.
The Clerk then read the following report:
To Chairman Campagna -Public Works , Buildings & Plats Com-
mittee at the meeting of the City Council, held Sept 7 1937
the following matter' was referred to your Committee:
The proposed arrangement to provide space for the
Secretary of the Board of Health in the Squad Room
was referred to your committee for study and report.
E.J.FRIEDRICH, City Clerk
Your Committee on Bldgs & Plats has investigated the above
and has found: That at present time the Secretary of Board of
Health has no quarters for an office space outside of her
home.
We therefore recommend; That a portion of the Squad Room be
used for her headquarters. The office equipment consists of
a desk,a chair and a small file for her records.
S . Campag na
J.W.Lemke
The motion was made by Alderman Campagna and seconded by Lemke iu
concur in this report. The motion was voted upon by acclamation
whereupon the Mayor declared the motion carried and the said
report concurred in.
THE SEWER,DRAINAGE AND. SANITATION COMMITTEE: through
its chairman, Alderman Dopheide, reported that the matter of
correcting the drainage fault caused by the filling in of Prairie
Avenue between Pearson Street and Des Plaines. Avenue is apparently
a legal question. The motion was therefore made by Alderman
Dopheide and seconded by Johnson to refer this matter to the City
Attorney fox attention. The motion was voted upon by acclamation
whereupon the Mayor declared the motion carried.
THE WATER C0MMITTEE:had no report to offer.
THE FIRE COMMITTEE: through its chairman Alderman Gar-
land then introduced a proposed ordinance which w as read by the
Clerk in its entirety for first reading entitled:
AN ORDINANCE ESTABLISHING THE FIRE
DEPARTMENT OF THE CITY OF DES PLAINES.
The motion vas made by Alderman Garland and seconded by Carroll
to suspend the rules and put this proposed ordinance upon its
final passage. The Mayor put the question on the motion to put
on passage and the Clerk called the roll with the following re-
sult: Ayes; Aldermen Carroll, Johnson, Pflughaupt, Henrich,
Garland, DoJheide, Friott, Lemke, Schwanbeck and Campagna. Nays;
None. The Mayor thereupon declared the motion carried, the rules
suspended and the proposed ordinance before the Council for
final dispostion. The motion was then made by Alderman Garland
and seconded by Lemke to finally pass and adopt this proposed
ordinance. The Mayor put the question on the motion to finally
pass, and the Clerk called the roll with the following result:
Ayes; Aldermen Carroll, Johnson, Fflu€haupt, Henrich, Garland,
Dophedie, Friott, Lemke Schwanbeck and Campagna. Nays; None. The
Wyor thereupon declared the motion carried and the ordinance
finally passed.
Mayor Ahbe then approved the said ordinance, and the
Clerk attested the same.
47 6
THE FINANCE COMMTTTEE through its chairman Alder-
man Pflughaupt then presented the following resolution adopted
by the Board of Health;
RESOLUTION
WHEREAS: The Des Plaines Nurse and Welfare Associ-
ation has engaged a full-time C.T.I.nurse for Immanuel
Lutheran, St.Mary's and Riverview Schools and general
public health work at a salary of150.00 per month and
has requested the City of Des Plaines to contribute a
monthly sum of $125.00 toward the said nurse's salay,
and
WHEREAS: The City Council of the City of Des
Plaines has appropriated and authorized the payment,
beginning August lst,1937, of a salary of 4125.00 for
nursing service to the person designated by the Board
of Health of the City of Des Plaines, and
WHEREAS: The Des Plaines Board of Health appreci-
ates the value of the work done by the Des Plaines Nurse
and Welfare Association and wishes to encourage the said
association in its worthy endeavor;
THEREFORE BE IT RESOLVED: That the Des Plaines
Board of Health does hereby heartily approve the plan of
the Des Plaines Nurse and 1.-elfare Association and hereby
requests the City to pay its $125.00 monthly, not directly
to the nurse, but to the Treasurer of the Des Plaines Nurse
and Welfare Association, who in turn will add $25.00
monthly from the associationts funds and pay the nurse
her regular $150.00 monthly salary.
BE IT FURTHER RESOLVED: That copies of this
resolution be forwarded to the City Council of the City
of Des Plaines and to the Secretary of the Des Plaines
Nurse and Welfare Association.
Adopted by the Des Plaines Board of Health this
13th day of September,A.D.1937.
ELSIE XdLLER(Nrc.Louis A.)
Secretary of the Des Plaines Board
of Health.
Mayor Ahbe ordered this resolution placed on file.
Alderman PflUghaupt, Chairman of the Finance Committee,
then introduced the following proposed resolution:
4170 Edgar T.Friedrich
4172 Harold Ahbe
4174 Natalie Gatzke
4176 Des Pl.M.Gales
4178 H.A.Becker
4180 E.Drexler
4182 F.Cheever
4184 A.D.Flentge
4186 B.C.Foote
4188 A.liennicott
4190 Tohnson E1.Shop
RESOIWED THAT THE FOLLOWING BILLS
AND SALARIES ARE DUE AND PAYABLE
AND THAT THE MAYOR AND CITY CLERK
BE AUTHORIZED TO ISSUE PROPER
VOUCHER WARRANTS IN PAYY,ENT OF SAYE.
112.50 4171 Chas.M.Larson 83.33
70.00-4173 Pearl Koelling 55.00
17.00 4175 Frank A.Bremer .52
22.50 4177 PublicServ.Co 538.97
90.00 4179 R.Hammerl 80.00
77.50 4181 E.Meyer 74.25
74.25 4183 TAigham 74.25
74.25 4185 J.Grindley 74.25
74.25 4187 E.P.Strempel 74.25
50.00 4189 Purnell & Wilson 147.52
2.47 4191 Kenneth G.Meyer 104.17
1
1
4192 James Conte
4194 A.Radlein
4196 Public Serv.Co.
4198 Albert Ritter
4200 Clark & Holmes
4202 M.D.Welis
4204 Adolph Esser
4206 augh Moore
4208 John Krueger
421Q Louis Clinton
4212 A.Johnson
4214 Leonard Outland
4216 Mississippi Lime Co
4218 Public Serv.Co
4220 Gniot Bros Tire & Bat
4222 Frank A.Bremer & S
4224 Wth.Davies
4226 H.V.Logan
4228 C.E.Dye"
4230 P.S.Dean
4232 Chas.J.Johnson
4234 Louis Ones
4235 Ben H.Stangor
4237 Gniot Bros.Tire
4239 Fred Koelle
4241 Rolland Pagel
4243 Clark & Holmes
4245 Public Sery Co
4247 Perkins E1.Co
&Bat
55.00
19.80
7.53
46.33
4.00
78.75
72.00
56.00
3.60
10.80
3.60
7.20
100.40
1.66
23.18
1.13
1.25
1.54
3.50
2.85
3.97
4.32
74.25
3.04
67.50
67.50
6.00
10.79
2,985.82
4193 E.Sims 21.60
4195 Public Serv.Co. 4.06
4197 Matt Mayer 32.95
4199 Bert Sweeney 54.24
4201 Gniot Bros. 27.15
4203 Roy Fisher 72.00
4205 Clem Knittle 56.00
4207 Fred Kaufman 34.00
4209 Bert Sweeney 4.52
4211 Albert Ritter 13.56
4213 E.Mensching 5.40
4215 Paul Intravartolo 7.20
4217 National Alum.Corp 5.44
4219 Clark & Holmes 1.00
4221 Neptune Meter Co 10.59
4223 R.Ruprecht 3.55
4225 F.E. *Reilly 5.00
4227 Herman Meuller 2.02
4229 J.L.McKinley .73
4231 C.LYord .98
4233 W.S.Kelly 1.16
4259 Rosen Francis & Rosen 050.00
(See Resolution 116 authorizing
this expenditure.)
4236 Ray Kolze 67.50
4238 VOIDED
4240 Richard Guenther 67.50
4242 John Krueger 32.40
4244 Lund Bros 36.40
4246 Des Plaines Pub Co 3.50
Special Vouchers:
4169 D P Fire Pens.Fd. -8.42 4168 D P Pol.Pen Fund 121.72
4146 D P Garbage Acct 500.00 4145 D P Garbage Acct 500.00
4144 D P Vehicle Acct 500.00 4143 D P Vehicle Acct 500.00
4148 D P Garbage Fund 500.00 4147 D P Garbage Fund 500.00
4142 D P Road & Bridge 1,100.00 4141 Firemen Pens.Fund 277.45
4140 Police Pension Fund 6,021.89 4139 WalbeeKinder Treas233.58
(D P Fire Dept)
4138 City of D P Deprec.Acc 400.00 4137 City of DP Water Rev
Bond Acct 6,441.25
4136 D P Gen Corp Acct 3,000.00 4248 Des Plaines Nurse & Welf.
125.00
4248 Des Pl.Nur:_e & Welf. 125.00
4250 P W A Pro j1692 D C.Acc 1212.30 4251 PWA Proj 1692 D 500.00
4252 PWA Prod 1692 D 500.00 4253 P. A Proj 1692 D 500.00
4254 PWA Proj 1692 D 500.00 4255 P V A Proj 1692 D 500.00
4256 AWA Proj 1692 D 500.00 4257 P W A Proj 1692 D 500.00
4258 PWA Proj 1692 D 287.70
The motion was made by Alderman Pflughaupt and seconded by Carroll
to adopt this proposed resolution. The Mayor put the question
and the Clerk called the roll with the following result: Ayes
Aldermen Carroll, Johnson, Pflughaupt, Henrich, Garland, Dopheide,
Friott, Lemke, Schwanbeck and Campagna. Nays; None. The Mayor
thereupon declared the motion carried and the fesolution adopted.
477
478
LiauoR PROHIBITED ON CITY PROPERTY: The Clerk
then read a proposed ordinance for first reading entitled:
AN ORDINANCE PREVENTING THE SALE OR
CONSUMPTION OF INTOXICATING LIQUORS
ON MUNICIPALLY OWNED PROPERTY.
Mayor -Ahbe ordered this proposed ordinance filed for second
reading.
RE -ZONING The Clerk then read the following;
RECOITENDATION OF THE ZONING BOARD OF APPEALS:
To the Honorable
IL).yor and City Council
City of Des Plaines.
The Zoning Board of Appeals of the City of
Des Plaines on September 13,1937 at the hour of 8;00
at a public meeting held pursuant to legal
notice thereof given according to law, duly considered
the question of amending the Zoning Ordinance of the
City of Des Plaines by taking the following described
real estate out of the residential district, Area Distrct
A, and placing it in industrial district, Area District
C:
The Et of the Et of the Southwest fractional
quarter of Section 18, and all that part of the
11:t of the SEf of said. Section 18 which lies
west of a line drawn parallel with and 800 feet
distant, at right angles easterly from the center
line of the Vest Wye track of the Chicago and
North Western Railway Company, as said track is
now located and established, and northwesterly of
the southeasterly right of way line of the main
line right of way of the so-called. Des Plaines
Valley Line of said Chicago and Northwestern
Railway Company, all situated in Township 41 North,
Range 12 East.
That said Real estate'hereinabove described is
bounded on the west by the City limits of Des Plaines,
and on the southeast by the tight -of -way of the main
line of the so-called Des Plaines Valley line of the
Chicago and Northwestern Railwy Company, and the right-
of-way of the West Wye track of the Chicago and North-
Western Railway Company proceeds in a northerly and
southerly direction through the middle of said area of
land.
This Board of Appeals, after duly considering
the matter and hearing those in favor of and against
Said proposition, finds that by reason Of the numerous
railroads not only prbceeding through and bounding this
Property; but lying to the northeast thereof, is best
suited and adopted for industrial purposes.
This Board believes that the right -of -ray of
the Des Plaines Valley line creates a natural barrier
against further developments to the northwest of de-
sireable residential area.
We, the undersigned, constituting the Zoning
Board of Appeals of the City'of Des Plaines,- do thete-
fbre-recommend that the following described real estate,
to -wit:
479
The Ei- of the E - of the Southwest fractional
quarter of Section 18, and all that part of the
V of the SE- of said Section 18 which lies west
of a line drawn parallel with and 800 feet distant,
at right angles easterly from the center line of
the West Wye track of the Chicago and North Western
Railway Company, as said track is now located and
established, and northwesterly of the southeasterly
right of way line of the main line right of way of
the so-called Des Plaines Valley Line of said Chi
cago and Northwestern Railway Company, all situated
in Township 41 North, Range 12 East,
be reclassified from residential District, Area District
A, to industrial district, Area, District C, and recommend
the adoption of the ordinance submitted herewith.
BOARD OF APPEALS OF THE
CITY OF DES PLAII\ES
Tohn Kray
Charles Arbogast
L.Washington
T.i apieralski
By.K.W.Dov ning,Secy.
and also read for first reading the -proposed ordinance referred
to in the above recommendation entitled:
AN ORDINANCE AMNDING AN ORDINANCE ENTITLED
"AN ORDINANCE TC CLASSIPY,RIGULATE AND
RESTRICT THE LOCATIONS OF TRADES AND IN-
DUSTRIES AND THE LOCATION OF BUILDINGS
DESIGNED FOR SPECIFIED USES: TO REGULATE
AND LIMIT THE INTENSITY OF THE USE OF
LOT AREAS AND TO REGULATE AND DETER1 INE
THE AREA OF YARDS, COURTS Ai'D OTHER OPEN
SPACES WITHIN AND SURROUNDING SUCH BUILDINGS,
AND TO ESTABLISH THE BOUNDARIES Or DISTRICTS
FOR THE SAID PURPOSES AND PRESCRIBING PEN-
ALTIES FOR THE VIOLATION OF ITS PROVISIONS"
PASSED ON THE FIFTH DAY OF FEBRUARY,A.D.
1923, AS HERETOFORE AMENDED.
Mayor Ahbe ordered this proposed ordinance filed for second
reading.
LIBRARY'S SHARE OF BUILDING OPERATION: The Clerk
then read the following:
September 14th,1937
Honorable Mayor & City Council
City of Des Plaines
Des Plaines,Illinois
Gentlemen:
As Secretary pro tem of the Council, sitting as a
Committee of the whole, I wish to report the following
to -wits
The Committee recommends that the City Council adopt
the following propositions -e
(1)That the -Library Board Assts 25 0 of the cost
of heating the entire Municipal Building as evi-
denced by the report of City Engineer,E.N.Fletcher,
in letter addressed to the Board of Local Improve-
ments, Des Plaines,Illinois, dated September 7,1937,
attached hereto.
(2)That the Library Board assure their proportion of
building insurance subject to percentage recommended
by the City Engineer of the City of Des Plaines.
(3)That the Library Board assume all obligations in-
curred by the -said Library Board for the operation
and maintenance of premises restricted to Library
Board use, and in any event, such other expenses
as recited in the Appropriation Ordinance for 1937
480
and all future Appropriation Ordinances approved by
the City Council of the City of Des Plaines.
(4)To appropriate the Library Board portion of present
Municipal Building as a separate unit distinct from
remainder of building thereby granting supervision
of that portion to the responsibility of the Library
Board.
Respectfully submitted,
ALTER L.DOPHEIDE
Secretary pro tem - Council of the hole
Dated September l3th,1937.
The motion was made by Alderman Campagna and seconded by .eflug-
haupt to amend this report by adding thereto the words:
1#(5)That the Library Board pay to the General Fund
of the City the sum of $.300.00 for the Library's
portion of grading and landscaping of the grounds
about the new building. *
The motion was voted upon by acclamation whereupon the Mayor
declared the motion carried and the report so amended.
The motion was then made by Alderman Dopheide and
seconded by Pflughaupt to concur in this report as amended. The
motion was voted upon by acclamation whereupon the Mayor declared
the motion carried and the report as amended, concurred in.
following:
NURSE & WELFARE TAG DAY: The Clerk then read the
DES PLAINES NURSE & WELFARE ASSOCIATION
September 17 1937
Mr.Edgar J.Friedrich
City Clerk
Des Plaines,I11.
Dear Sir:
The Des Plaines Nurse & Welfare 'would like to
obtain a permit for a tag day on Saturday, October 2,1937
in case of rain for the following saturday October 9th,1937.
Kindly send reply to me.
Mrs.James Fothas,Sec.
1754 Lincoln Ave.
The motion was made by Alderman Pflughaupt and seconded by
Henrich to grant this request. The motion was voted upon by
acclamation, whereupon the Mayor declared the motion carried.
CLAIM FOR DAMAGES: The Clerk then read the following:
Des Plaines,Illinois
September 20,197
Mayor of City of
Des Plaines,I11.
Dear Sir:
On August 16,1937 1 had an accident to my car
on the crossing at River Road and Ellinwood Street where
there was no barricade and I drove my car into the opening
causing damage to the car in the amount of 4130.62 for which
I have a bill from the Chevrolet labtor Sales.
I believe the city is liable for the damage and
expense I have had and I will be clad to hear from you at
your early convenience.
Ernest Nolte
1296 Cora St
Des Plaines,I11.
481;
The motion was made by Alderman Lemke and seconded by
Pflughaupt to refer this claim to the City Attorney. The
motion was voted upon by acclamation whereupon the Mayor
declared the motion carried.
STOP SIGNS -CHICAGO MOTOR CLUB: The Clerk then
read the following letter for the information of the Council:
Accident Prevention Bureau
CITY OF DES PLAINES POLICE DEPT
September 19 1937
Hon.Theo.Schwanbeck
Alderman Fifth Ward
City of Des Plaines
Des Plaines,I11.
Dear Mr.Schwanbeck:
This bureau has just recently been assured
by the Chicago Motor Club that their "Sign Truck" will
be in our city on Thursday September 23, to place the
"Stop" signs on Thacker Street, and all other streets
where signs will be of benefit to the motoring public.
Hoping this will meet with your approval,
Very truly yours.
ERNEST H.DREXLER,
Sergt of Police
The Mayor ordered this letter placed on file.
PETITION FOR RE -ZONING: Alderman Lemke then sub-
mitted the following petition which was read by the Clerk:
To the Zoning Board of Appeals
City of Des Plaines,Illinois
We the undersigned, residents of the vicinity
of the intersection of Prairie and Second Avenues,
in the City of Des Plaines,Illinois, hereby express
our wish to have the Zoning Ordinance of the City of
Des Plaines,Illinois, changed to provide for the followings
Lot No.eight (81 in Block No.29 (29),
Des Plaines Manor Subdivision, Tract No.2,
occupying the Southeast corner of the inter-
section of Prairie and Second Avenues, not
occupied by a residence known as 1005 Prairie
Avenue, to be re -zoned to allow for the erection
and use of business buildings thereon.
Signed by:
John alter
and 33 other citizens.
1033 Prairie Ave.
The motion was made by Alderman Lemke and seconded by Pflughaupt
to refer this petition to the Zoning Board of Appeals. The motion
was voted upon by acclamation whereupon the Mayor declared the
motion carried.
P.4'+.A.PROJECT 7270 -B -W CONSTRUCTION CO: Kenneth G.
Meyer, City Attorney, then read the following proposed resolution:
A RESOLUTION AUTHORIZING THE.RETAINING OF
THE FIRM OF ROSEN,FRANCIS & ROSEN,ATTOR1flDYS-
AT -LAW, ON BEHALF OF THE CITY OF DES PLAINES
IN THE CASE OF CITY OF DES PLAINES vs. B -W
CONSTRUCTION COMPANY AND AMERICAN SURETY COM-
PANY.
WHEREAS, The City of Des Plaines did heretofore
482
enter into a contract with B -W CONSTRUCTION COMPANY whereby
the said B -W CONSTRUCTION COMPANY agreed to furnish all nec-
essary labor and material under Section A of a contract for
the erection of a water softening plant and reservoir known
as P W A Project 47270; and.
WHEREAS, the said BAI CONSTRUCTION COMPANY defaulted
under their contract, thereby making it necessary for the
CITY OF DES PLAINES to relet Section a of said contract to
another contractor; and
WHEREAS, the CITY OF DES PLAINES suffered and in-
curred damages in excess of Ten Thousand Dollars ($10,000•00);
and
WHEREAS, this City Council desires that legal action
be taken against the said B -W CONSTRUCTION COMPANY and the
AMERICAN SURETY COMPANY, the surety on the performance bond
of the B -W CONSTRUCTION COMPANY: and
WHEREAS,KENNETH G.MEYER the City Attorney of this
City will be a material uitnesA in said case and thereby
be unable to appear of record in said case; and
WHEREAS, the City Council has heretofore duly appro-
priated and set apart from the water department, funds to de
fray the expense of anticipated litigation in this matter;
THEREFORE, BE IT RESOLVED by the City Council of
the CITY OF DES PLAINES, Cook County, Illinois;
(1) That the Iaw firm of ROSEN, FRANCIS & ROSEN be
and it hereby is retained by the CITY OP DES PLAINES to
represent it in obtaining settlement from B -W CONSTRUCTION
COMPANY and the AEERICAN SURETY COMPANY OF NEW YORK, or
either of them, and that said firm of ROSEN, FRANCIS & ROSEN
be and it is authorized to file suit against the said
B -W CONSTRUCTION CONPANY and AMERICAN SURETY COMPANY OF
NEW YORK, if an amicable adjustment satisfactory to this
Council cannot be obtained without litigation.
(2)BE IT FURTHER RESOLVED that the City of Des
Plaines shall pay unto the firm of ROSEN, FRANCIS & ROSEN,
a retainer fee of Seven Hundred Fifty Dollars (750.00)
and tventy-five per cent (25%) of the amount ultimately re-
covered from the B4, CONSTRUCTION COMPANY and the AMERICAN
SURETY COMPANY OF KEW YORK, with the understanding that the
retainer fee of Seven Hundred Fifty Dollars ($750.00) shall
be credited against the total fee earned.
(3)ii IT FURTHER RESOLVED that the sum of Seven
Hundred Fifty Dollars ($750.00) be paid to ROSEN, FRANCIS
& ROSEN at once from the appropriation therefor in the Water
Department, and the Mayor, Clerk and. Treasurer be and they
are hereby authorized to execute and deliver the proper war-
rant, voucher and check therefor.
(4)BE IT FURTHER RESOLVED that all costs of suit
such as filing fees, Sheriff1s fees, Reporter's fees, and
other costs of litigation be paid by this City from said
appropriation in said Water Department, upon the approval
of such expenditure by KENNETH G.MEYER, City Attorney.
483
(5)BE IT FURTHER RESOLVED that this resolution
shall constitute a contract between this City and the
firm of ROSEN,FRANCIS & ROSEN, and the City Clerk is
instructed to send a certified copy of this resolution
totOSEN, FRANCIS & ROSEN, 10 South LaSalle Street,
Chicago,Illinois.
Passed this day of September,A.D.1937.
CITY CLERK
Approved this day of September A.D.1937
Mayor
The motion was made by Alderman Lemke and seconded by Carroll
to adopt this proposed resolution. The Mayor put the question
and the Clerk called the roll with the following result: Ayes;
Aldermen Carroll, Johnson, Pflughaupt, Henr ch, Garland, Dopheide
Friott, Lemke, Schwanbeck and Campagna. Nays; None. The Mayor
thereupon declared the motion carried and the resolution adopted.
SURFACI1G RIVERVIEW STREETS: The motion was made
by Alderman Schwanbeck and seconded by Campagna to instruct
the City Engineer to file an application for a grant with the
Works Prograss Administration for the improvement of certain
streets in Riverview and Marion Street as previously outlined.
The motion was voted upon by acclamation whereupon the Mayor
declared the motion carried.
PROVIDING; DESK IP ATTORNEY AND ENGINEER: The motion
was made by Alderman Schwanbeck and seconded by Dopheide to
refer the matter of providing suitable desks in the Council
Chambers for the City Attorney and the City Engineer, to the
Committee on Public Works, Buildings and Plats with power to
act. The motion was voted upon by acclamation whereupon the
Mayor declared the motion carried.
APPROVAL OF MINUTES: The motion was made by Alderman
Dopheide and seconded by Carroll to approve the minutes of the
regular Council meeting held September 7,1937. The "motion was
voted upon by acclamation whereupon the Mayor declared the
motion carried and the said minutes approved.
P.W.A.PROJECT 1692-D: The Clerk then read the
following letter:
FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS
Mr.Charles M.Lars on
City Treasurer
Des Pluines,Illinois
Re: City of Des Plaines
City Hall.
Dear Sir:
We are in receipt of a copy of the Final Audit for
the captioned docket (1692 D) which indicated that $5000.00
had been transferred from the Construction Fund of this
docket to the Construction Fund of Docket 111.7270 and
that the Construction Account of the subject Docket now
lacks funds to cover the cost of the work in the amount
of $1,212.30.
Before Final Project Change Order can be issued and
before the Final Grant Requisition can be honored, it will
be necessary that we be furnished with a copy of a bank
deposit statement showing that at least $1,212.30 has been
re -deposited in the Construction Account.
Very truly yours.
IN .0 .AXTELL
Acting State Director
For the Administrator
484
The motion was made by Alderman Garland and seconded by Henrich
to direct the Mayor and City Clerk to draw warrants on the
Water Fund in the sum of $5,000.00 in favor of the construction
Account for P W A Project #1692 D (Mew Municipal Building)
in order to repay the loan of $5,000.00 referred to in the above
letter and provide sufficient funds in the Construction Account
for P W A Project #7270. The Mayor put the question and the
Clerk called the roll with the following result: Ayes; Aldermen
Carroll, Pflughaupt. Henrich, Garland, Dopheide, Friott, Lemke,
Schwanbeck and Campagna. Nays; None. (Alderman Johnson was absent
during this roll call.) The Mayor thereupon declared the motion
carried.
ADJOURNMENT: The motion was made by Alderman Garland
and seconded by Campagna tp adjourn. The motion was voted upon
by acclamatidn whereupon the Mayor degiored the motion carried
and the Council regularly adjuurned.
--
NO 4-
RICH,City Cle
MINUTES OF THE REGULAR STING
OF THE CITY COUNCIL OF THE CITY
OF DES PLAINES HELD IN THE COUNCIL
CHAMBERS ON THE 4th DAY OF OCTOBER,
A.D.1937.
GALL TO ORDER: The meeting was called to order by
Mayor Hobart M.Ahbe presiding, with Aldermen Carroll, Johnson,
Pflughaupt, Garland, Dopheide, Friott, Lemke, Schwanbeck and
Campagna responding to the roll call. Aderman Henrich was absent
during this roll call but arrived shortly thereafter.
REPORTS OF OFFICERS: The Clerk then read the report
for September 1937 of H.A.Becker, Captain of Police, as well as
the report for September 1937 of Edgar J.Friedrich, City Clerk.
MAYOR AHBE ordered these reports placed on file.
THE JUDICIARY AND ASSESSMENT COMUTTTEE: had no report
to offer.
THE POLICE AND LICENSE COMMITTEE had no report to offer.
THE STREETS AND SIDEWALKS COMMITTEE: had no report to
offer.
THE
its chairman,
who presented
new Municipal
Council.
COMMITTEE nN PUBLIC WORKS, BUILDINGS & PLAT4,through
Alderman Campagna then introduced Mr.Carter Jenkins,
a proposed landscaping plan for the park about the
Building, and carefully explained the plan to the
The motion was made by Alderman Campagna and seconded
by Carroll that the Council thankfully accept this plan, and that
the Clerk be instructed to send Mr.Jenkins and his associates a
letter of thanks for this fine civic contribution. The motion was
voted upon by acclamation whereupon the Mayor declared the motion
carried.