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12/09/194213120 Mrs. Ben Reeves 13122 Adolph Ruchalski 13124 E.C. Acree 13126 B.H. Stangor 13128 W.S. Darley & Co. 13130 Brd.Trustees Fire Pens.Fd. 65.95 13132 Koehler Bros.Serv.Sta. 169.57 (BILLS & WAGES - cont'd) 3.84 2.85 2.36 4.00 8.45 Genal Corporate Free 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 CASH TRANSFERS Water Free Cash Streets FreeaCash Garbage Disposal Free Cash Fire Protection Free Cash 1,300.00 700:'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 Water Depreciation Cash 1,608.25 80.00 Water Free Cash 1,688.25 To Transfer from Water Free Cash the nnnthly 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 roll with the following result: Ayes; Aldermen Carroll, Johnson, Loos, Pflughaupt, DDopheide, 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, Ciiy Clerk Harold J. Ahbe, City Treasurer The Chair ordered the said reports,placed on file. ADJOURNMENT: 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= , De ber 9, 1942. 0 ,'. . ICH MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAMBERS, YEDENSDAY, DECEMBER 9. 1942. 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. following: REPORTS OF a)NSPECTORS: The Clerkihen read the reports for November 1942, 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: December 1, 1942 Edgar J. Friedrich, Esq., City Clerk Des Plaines, Illinois Re: B -W Construction Co. Dear Sir: 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 usur 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. OPEKA City Attorney The Mayor ordered the said letter placed on file. CITY LOSES CASE OF WALGBEEN CO. VS CITY: The Clerk then read the follow- ing letter: Mayor and City Council Des Plaines, Illinois Gentlemen: December 9th, 1942 Re: Walgreen Co. vs. Garland, etc. of the The Appellate Court for the First District this morning tendered it's decision and handed down its opinion. The Court sustained 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 BCECKENHAUER VS. CITY: The Clerk then read the following letter: (LETTER - cont'd) December 7, 1942 Mayor and City Council Des Plaines, Illinois Gentlemen: The matter of the petition of John-Boeckenhauer and wife to vacate the order of confirmation of judgment in Des Plaines Special Assessment No. 117 entered of record in 1927 came up for decision on December 4th. The matter was heard by Judge Isley sitting in the County Court, who after hearing arguments of counsel ruled that the petition of Boeckenhauer's be sustaine0on the ground that the City of Des Plaines did not have authority to levy and spread a special assessment outside its corp- orate limits and that the ordinance thereunder was void. Since the City of Des Plaines acts in the capacity of trustee for the bond holders in every special assessment matter, I am inclined to the view that it would be ne- cessary for the City, to overcome any liability under the foregoing judgment, that it carry the matter to the high- est court for final adjudication. Thus, the City as trust- ee, would do that which is requfred of it by law - and that application is general in all matters pertaining to trusts. Your further instructions and directions in this matter are requested. Very truly yours, FRANK M. OPEKA City Attorney 39 The motion was made by Alderman Johnson and seconded by Pflughaupt to instruct the City Attorney to appeal this case provided the bondholders pay the cost of making the appeal. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. ENFORCING COLLECTION OF SIGN FEES: The Clerk then read the following December 7th, 1942 letter: Mayor and City Council Des Plaines, Illinois Gentlemen: Sometime ago you instructed the building commissioner to pursue every legal method to collect the annual sign priv- ileges, even to the extend that he take court action. After exhausing every method at his command, he turned over a list of delinquents and asked me to pursue the matter further. A letter was written to some 47 delinquent accounts (Most of whom owe such fees covering a period of three years) and at the present writing there are 38 who have ignored a requ&st for payment before suit is filed. I might add, that Z with but one or two exceptions, all delinquencies cover overhanging signis or those on public property. Since the filing of suits to recover these fees is going to require the payment, or at least obligating for dockdt fees of a justice of the peace, it is necessary that the council authorize that suits be filed, since such action will perhaps require the expenditure of some funds. All fees so incurred or advanced, will of course,.be recovered when the judgment is paid. Awaiting your instructions, I am Very truly yours, FRANK M. OPEKA City Attorney 40 (LETTER - cont'd The motion was made by Alderman Kehe and seconded by Lemke to authorize and direct the City Attorney to proceed to file suit against such as have failed to pay their sign fees. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. MARUSKA FAMILY SENDS CARD OF THANKS: The Clerk then read a card of thanks from the family of Mr. John J. Maruska, who died suddenly on November 25, 1942 while in the employ of the City as custodian of the Municipal Building. The card expressed the family's thanks for a floral piece sent by the City. 'ORDINANCE CREATING COUNCIL OF DEFENSE: The Clerk then read for first reading a proposed ordinance entitled: AN ORDINANCE CREATING A COUNCIL OF DEFENSE, PRESCRIBING ITS POWERS AND DUTIES AND REPEALING AN ORDINANCE CREATING A LOCAL DEFENSE COUNCIL. The motion was made by Alderman Carroll and seconded by Lemke to suspend the rules and place the said proposed ordinance upon its final passage. The Mayor put thequestionand the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, Loos, Pflughaupt, Kehe, Friott, Lemke and Campagna. Nays; None. The Mayor thereupon declared the motion carried, the rules suspended and the said proposed ordinance before the Council for final disposition. The motion was made by Alderman Carroll and seconded by Lemke to finally pass and adopt this proposed ordinance. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, Loos, Pfluahaupt, Kehe, Friott, Lemke and Campagna. Nays; None. The Mayor thereupon declared the motion carried and the said ordinance passed. The motion was then made by Alderman Lemke and seonnded by Campagna to authorize and direct the Clerk to cause the said ordinance to be published in the Des Plaines Journal. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. 1943 APPROPRIATION ORDINANCE - FIRST READING: The Clerk then read for the first reading a proposed ordinance entitled: MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES FOR MUNICIPAL PURPOSES DESIGNATED THE "ANNUAL APPROPRIATION BILL" FOR THE FISCAL YEAR COMMENCING JANUARY 1, 1943 AND ENDING DECEMBER 31, 1943. The Mayor ordered the said proposed ordinance filed for second reading. Mayor Garland then announced that the Council will meet as a committee -of -the - whole on Monday, December 14, 1942 for the purpose of informally discussing the 1942 Appropriation Ordinance. PLAT OF RE -SUBDIVISION - JOHN P. HARRINGTON PROJECT: The Clerk then read the following letter and submitted the tentative plat attached thereto: December 2, 1942 William L. Kunkel 57 Summit Park Ridge, Illinois Friedd Bill: We are enclosing new subdivision plan for the improvement of the North- East corner of White Street and prospect Avenue. This has been redrawn to conform with the desires of the City Clerk of Des Plaines, and trust that it will be satisfactory. You will note that we will vacate 33 feet on the East end of this sub- division and all other owners should be willing to vacate and dedicate this street right-of-way as it will materially increase the value of their vacant property. The City Clerk informed us that the street can be put in even though they in- stitute condemnation proceedings. Will you take this new plan up with the City of Des Plaines officials and let us know if we can go ahead with our own surveyor. Yours very truly, JOHN P. HARRINGTON (RE-SUBDIVISUON - cont'd) Mayor Garland referred the said letter and plat to the Plan Commission for study and recomendation, and requested Alderman Kehe, Chairman of the Com- mittee on Subdivisions, Building and Municipal Development to see this plat through the Plan Commission and the Zoning Board of Appeals. EXTEND THANKS TO RATIONING BOARD: The Clerk then read the following proposed resolutioh: RES 0 L U T I ON Whereas by order of the Government of the United States of America the Mayor of the City of Des Plaines has appointed a local Rationing Board consisting of the following GENERAL RATIONING BOARD Harry T. Bennett, Chairman George H. Lohse C. E. Fullmer ADVISORY PANEL FOR FUEL OIL Ernest J. Smith - Elmer T. Steil Kenneth G. Meyer and, ADVISORY PANEL FOR GASOLINE Otto H. Framke Leonard Manuel Arthur Dieckhoff G. S. Cook Paul J. Scharringhausen Henry Halverson Oscar Blum - Whereas the said board has functioned efficiently and has re- ndered outstanding service to the citizens of the City of Des Plaines and adjacent areas, and Whereas the members of the said board have given unselfishly of their time and energies without renumeration for such services, Therefore Be It Resolved by the City Council of the City of Des Plaines, CookCounty, Illinois,that the members of the said Rationing Board be and they are hereby commended for their splendid patriotic service rendered to both our communitit and our nation, and Be It Further Resolved that our community be unformed of the un- selfish service rendered by the members of the said Rationing Board and that the public be urged to willingly cooperate with the said board in its difficult task, and -Be It Further Resolved that the City Clerk be instructed to cause this resolttion published in both the Des Plaines Suburban Times and the Des Plaines Journal, and that a certified copy be sent to each member of the said Rationing Board; The motion was made by Alderman Lemke and seconded by Loos that the said pro- posed resolution be adopted. The motion was voted upon by acclamation, where- upon the Mayor declared the motion carried and the said resolution adopted. ADJOURNMENT: The motion was made by Alderman Johnson and seconded by Lemke that the Council adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the Council regularly ad- journed.