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12/07/194236 (ELLINWOOD STREET - cont(d) Mayor Garland referred this matter to the Superintendent of Streets for attention. ADJOURNMENT: The motion was made by Alderman Lemke and seconded by Johnson that the meeting adjourn. The motion was voted upon by acclamation where- upon the Mayor declared the motion carried and the meeting regularly adjourned. EDGAR - . vY Dli . H, City Clerk MINUTES OF THE REGULAR MRETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAMBERS, MONDAY, DECEMBER 7, 1942. AT 8:00 P.M. CALL TO ORDER: In the absence of Mayor Garland the meeting was called to order by Edgar J. Friedrich, City Clerk with Aldermen Carroll, Johnson, Loos, Pflughaupt, Dopheide, Kehe, Friott, Lemke and Campagna responding to the roll call. (Alderman Schwanbeck was absent during the entire meeting). The Clerk reported nine (9) Aldermen present. DESIGNATE MAYOR PRO -.TEM: The motion was made by Alderman Loos and Seconded by Pflughaupt that Alderman Lemke serve as Mayor Pro -tem for this meeting in the absence of Mayor Garland. The motion was voted upon by acclamation whereupon the chair declared the motion carried, whereupon Alderman Lemke took the chair. APPROVAL OF MINUTES: Each member of the Council having been supplied a copy of the minutes of the regular Council meeting held November 16, 1942, as well as the minutes of the special Council meetingheld November 23, 1942, the motion was made by Alderman Loos and seconded by Kehe that the said minutes be approved. The motion was voted upon by acclamation whereupon the Chair declared the motion carried and the said minutes approved. APPROVAL OF BILLS.: The Finance Committee through its chairman Aldermen Pflughaupt then introduced the following proposed resolution: 13062 13064 13066 13068 13070 13072 13074 13076 13078 13080 13082 13084 13086 13088 13090 13092 13094 13096 13098 13100 13102 13104 13106 13108 13110 13112 13114 13116 13118 RESOLVED THAT THE FOLLOWING BILLS AND WAGES ARE DUE AND PAYABLE AND THAT THE MAYOR AND CLERK BE AUTHORIZED TO ISSUE PROPER WARRANTS IN PAYMENT OF SAME. Middle States Tele. Co. Des Plaines Journal Blewitt -Florist Homer Coffman Oscar Mapes Des Plaines Cafe D.P. Motor Sales, Inc. Frank Scharringhausen William Hahn Fred Huebner E.N. Fletcher Des Plaines Publ. Co. Auto Parts Of D.P. Public Service Co. Socony-Vacuum Oil Co. B.F. Kinder's Sons. Fred Huebner Lagerhausen Lbr & Coal Co. Frank A. Bremer & Son Earl Wernicke Reacher & Betzold, Inc. Elgin Storage & Transfer Co. Imperial Trucking Corp. G.J. Sherman Simplex Valve & Meter Co. Mr. M.R. Barlow Johnson's R.W. Fischer Western Tire Auto Stores $ 141.53; 16.00 20.40 55.00 25.00 2.92 27.65 54.45 10.20 14.40 12.00 2.70 1.90 150.00 4.59 4.95 40.80 40.20 1.94 7.5 8.IZ 10.61 8.59 16.20 10.00 14.08 30.00 2.50 5.86 13061 13063 13065 13067 13069 13071 13073 13075 13077 13079 13081 13083 13085 13087 13089 13091 13093 13095 13097 13099 13101 13103 13105 13107 13109 13111 13113 13115 13117 13119 Rosen, Francis & Clev. Public Service Co. Des Plaines Pub. Co. Arthur Hintz Robert Steckbauer Zephyr Cafe Hartless-Austin Linen &T. Authorized Radio Service Arthur Rieck Maringer & Company Mike Mihalo City Clerk's Petty Cash Frank Sommerfeld Western Tire Auto Stores Spiegler's Dept._Store Lagerhausen Lbr & Coal E.N. Fletcher Mike Mihalo Johnson's Geisen Garage Socopy-Vacuum Oil Co. James Schimka Krema Trucking Co.,Inc. Merchants Chemical Co. Louton Paint & Varnish Modern Appliance Co. L. Nick Walter W. Held Co. Lake -Cook Farm Supply Co. E.N. Fletcher 1,4446.58 1,668.83 9.15 55.00 59.12 22.26 2.81 42.50 40.95 9.30 19.20 15.00 48.40 . " 5.25 12.75 13.03 56.00 36.00 5.87 8.00 15.30 29.00 9.05 161.67 1.02 8.88 18.00 19.18 4.74 90.00 (BILLS & WAGES - cont'd) 13120 Mrs. Ben Reeves 3.84 13122 Adolph Ruchalski 2.85 13124 E.C. Acree 2.36 13126 B.H. Stangor 4.00 13128 W.S. Darley & Co. 8.45 13130 Brd.Trustees Fire Pens.Fd. 65.95 13132 Koehler Bros.Serv.Sta. 169.57 CASH 37 13121 Knute G. Oberg 3.47 13123 Robert Luebke 3.35 13125 Ray Kolze7 88.00 13127 The Seagrave Corp. 1.40 13129 Brd.Trustees P.Pens.Fd. 55.47 13131 Treas,D.P. Volun.Fire Dept$1,091.19 TRANSFERS General Corporate Free Cash Water Free Cash Streets FreeaCash Garbage Disposal Free Cash Fire Protection Free Cash 1,300.00 7Q0:00 250.00 250.00 100.00 To transfer to the General Corporate Fund from Water, Streets, Garbage Disposal and Fire Protection Funds, said Funds' share of the administrative expenses in• curred by the General Corporate Fund during the month of DECEMBER, 1942. Water Revenue Bond Cash 1,608.25 Water Depreciation Cash 80.00 Water Free Cash 1,688.25 To Transfer from Water Free Cash the nonthly sum stipulated by the Water Revenue Bond Ordinance for the month of DECEMBER, 1942. MOTOR FUEL TAX FUND 66-M Milburn Bros., Inc. Mt. Prospect, Illinois Claim No. 124, Project Claim No. 17 for the 4th partial payment 9 -CS Const MFT -1 1,500.00 The motion was made by Alderman Pflughaupt and seconded by Loos to adopt the said proposed resolution. The Chair put the question and the Clerk called the roil with the following result: Ayes; Aldermen Carroll, Johnson, Loos, Pflughaupt, D�6opheide, Kehe, Friott, Lemke and Campagna. Nays; None. The Chair thereupon de- clared the motion carried and said resolution adopted. REPORTS OF OFFICERS: The Clerk then submitted the reports for November, 1942 of the following officers: Edgar J. Friedrich, C1yy Clerk Harold J. Abbe, City Treasurer The Chair ordered the said reports placed on file. .DJOURNT: The motion was made by Alderman Dopheide and seconded by Loos that the meeting adjourn to 8:00 P.M., Wednesday, December 9, 1942. The motion was voted upon by acclamation whereupon the Chair declared the motion carried and and the meeting adjourned to 8:00 P.N. Weden ,, Dec=mber 9, 1942. I 1 '4* J`' •IE.'ICH MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAMBERS, WEDENSDAY, DECEMBER 9. 194.2. AT 8:00 P.M. City Clerk CALL TO ORDER: The meeting was called to order by Mayor Charles H. Garland presiding, with Aldermen Carroll, Johnson, Loos, Pflughaupt, Kehe, Friott, Lemke and Campagna responding to the roll call. (Aldermen Dopheide and Schwanbeck were absent during the entire meeting.) The Clerk reported eight (8) Aldermen present. 38 REPORTS OF MNSPECTORS: The Clerk then read the reports for November 1942, of the following: Frank E. Scharringhausen, Building Inspector Arthur Rieck, Electrical Inspector The Mayor ordered the said reports placed on file. CASE OF CITY VS B -W CONSTRUCTION CO. SETTLED: The Clerk then read the following letter: Edgar J. Friedrich, Esq., City Clerk Des Plaines, Illinois Dear Sir: December 1, 1942 Re: B -W Construction Co. Pursuant to resolution adopted at the last meeting of the City Council, I am enclosing herewith check in the sum of $8,500.00 in full settle - ment of the above cause of action, together with a release of any claims or demands that the B -W Construction might have had against the City. In accordance with the same resolution, the firm of Rosen, Frances & Cleveland are now entitled to th&ir remuneration as per agreement. In addition thereto, they are entitled to re -imbursement in the WM sum of $71.58 for advances and expenses in connection with the above case. Most of the charges of this latter item have already been rebated to the city at the time when it received it's check under the mandate of the Appellate court after reversal of the Cause. An itemized statement of account from said attorneys is also enclosed. • Yours very truly, FRANK M. O1'EKA City Attorney The Mayor ordered the said letter placed on file. CITY LOSES CASE OF WALGREEN CO. VS CITY: The Clerk then read the follow- ing letter: December 9th, 1942 Mayor and City Council Des Plaines, Illinois Gentlemen: Re: Walgreen Co. vs. Garland, etc. The Appellate Court for the First District this morning tendered it's decision and handed down its opinion. The Court sustaihed the Superior Court in it's order granting a writ of Mandamus. The decision is based entirely on the construction of the proviso added in 1941 to the 1st Section of Article IV of the Liquor Control Act. The court held that cities have only such powers stricted to the specific powers granted. Where formerly cities had certain powers of regulation, they are now confined to the exactness of the Statute. Under the proviso, a city could not prohibit a license except for one of four reasons, none of which were applicable to the Walgreen Co. Our ordinance prohibited the issuance of a license to persons engaged in other business, which according to the Court, was in contravention of the Statute. It is recommended that the City do not go further with this case. Very truly yours, FRANK M. OPEKA City Attorney The motion was made by Alderman Johnson and seconded by Lemke to accept the City Attorney's recommendation and that the City not go further with this case. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. CITY LOSES CASE OF JOHN BOECKENHAUER VS. CITY: The Clerk then read the following letter: