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02/01/194354 (TITLE OF PLAT - cont'd) "HARRINGTON'S SUBDIVISION" Lots 6, 7 and g in Block 2 of Arthur R. McIntosh and Company's second addition to Riverview, be- ing a subdivision of the North one-half of the southwest one-quarter of the northwest one-quarter of section 28, Township 41 North, Range 12 East of the Third Principal Meridian. The motion was made by Alderman Kehe and seconded by Pflughaupt to refer this plat to the Plan Commission for approval. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the said plat so referred. MAYOR APPOINTS CIVILIAN DEFENSE COUNCIL: Mayor Garland then an- nounced the appointment of the following as members of the Des Plaines Civilian Defense Council for a term ending April 30, 1944: C. J. Hill James Weldon Walter Dopheide E. R. Selleck C. H. Anderson Stephen L. McNamars Clarence Leis Emil H. Fick J. R. Lawrence Elsie Willer Ella Raymond Mrs. R. L. Saylor Ross Lapham Oscar Blume Del Townsend The motion was made by Alderman PflUghaupt and seconded by Campagna to con- firm the said appointments. The motion was voted upon by acclamation where- upon the Mayor declared the motion carried and the said appointments con- firmed. APPROVAL OF MINUTES: Each member of the City Council having been supplied a copy of the minutes of the regular Council meeting held Monday, January 4, 1943, the motion was made by Alderman Lemke and seconded by Pflughaupt to approve the said minutes. The motion was voted upon by acc- lamation whereupon the Mayor declared the motion carried and the said min- utes approved. ADJOURNMENT: The motion was made by Alderman Lemke and seconded by Kehe that the meeting adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and e Council regularly adjourned. EDGAR DRICH, City Clerk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAMBERS, MONDAY, PEBB Y:Li, 1943 AT 8:00 P.M. CALL TO ORDER: The Mayor called the meeting to order and directed the Clerk to call the roll. Upon roll call the following Aldermen answered present: Carroll, Johnson, Loos, Pflughaupt, Dopheide, Kehe, Friott and Lemke. The following Aldermen were absent: Schwanbeck and Campagna. REPORTS OF OFFICERS: The Clerk then submitted the reports of January, 1943 of the following: Edgar J. Friedrich, City Clerk Harold J. Abbe, City Treasurer OTHER REPORTS: The Clerk then read the following report. SUb i ect Annual report of the Firemens Pension Fund of the City of Des Plaines. To the Honorable Mayor and City Council. Gentlemen: The following is a report of the money turned over to the pension fund by the city treasure for the year 1942. 1 (REPORT 1 - cont'd) $849.12 Tax Collections 112.21 1% of Business licenses 39.00 Salary deductions 135.20 Interest on investments. $1,135.53 Total Collections. During the year Fire Equipment bond No. 4 was redeemed by the City of Des Plaines. Two Hundred Dollars ($200.00) was added to the First Federal Savings and Loan Co. investment. Two (2) Defense bonds were purchased at the cost of $1,450.00. The present ney4t worth of the fund is $4,707.02. Before benefits can be paid, the fund must have in excess of $15.000.00, and at the present rate of 1942 yearly income it would require app- roximately 10 years to acquire this status. Reminding your honorable body that one man will be eligible for beni- fits in about sevdn (7) years. Therefore your attention is called to the necessity of increasing the yearly income so as to make funds available when necessary. One of the ways this fund could he increased is by setting aside a f part of the 2% Foreign Insurance Tax and adding this to the fund. Respectfully Submitted; LT. R. A. KOTgR Sec. Firemens Pension Fund Mayor Garland referred the said report to the Finance Committee for study and report. FINAL APPROPRIATION FOR M.F.T. SECTION 9 -CS: The Clerk then read the following proposed resolution: RESOLUTION FOR IMPROVEMENT BY MUNICIPALITY UNDER THE MOTOR FUEL TAX LAW. BE IT RESOLVED, by the City Council of the City of Des Plaines, Cook County, Illinois, that the following described streets be improved under the Motor Fuel Tax Law: GARLAND PLACE: Arterial Street No. 7 from Rand Road to Miner Street Length (940 ft.) THACKER STREET: Arterial Street No. 4 from Wolf Road to Fifth Avenue Length (1052 ft.) BE IT FURTHER RESOLVED, 1. That the proposed improvement consist of Portland Cement Concrete Pavement construction 32 to 36 feet wide and shall be designated as Section 9 -CS. 2. That there is hereby appropriated the sum of Thirty Thousand Seven Hundred Seventy -One and 48/100 Dollars ($30,771.45) for the im- provement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That said work shall be done by _; and, BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the Department of Public Works and Buildings, Division of Highways, through its District Engi- neer's office at Chicago, Illinois. The motion was made by Alderman Kehe 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, Carroll, Johnson, Loos, Pflughaupt, Dopheide, Kehe, Friott and Lemke. Nays; None. The Mayor thereupon declared the motion carried and the said resolution adopted. CHAS. J. ARBOGAST RESIGNS FROM ZONING BOARD: The Clerk then read the following letter: 55 56 (LETTER - cbnt'd) January 26, 1943 Honorable Charles H. Garland and Members of City Council City of Des,Plaines, Illinois Gentlemen: It is with considerable feelings of regret that I hereby present my resignation as a member of the Zoning Board of Des Plaines. I have been ill for the past month and the condition of my health makes it necessary that I do so. I have been a member of the Zoning Board since 1932 and Chairman for the past many years, was appointed by Mayor Chas. Hammerl and have served continously ever since, being reappointed by each mayor saceeeding him. Knowing that many zoning problems will be presented soon which will re- quire immediate action and that I will not bd able to investigate them or attend meetings I feel that someone should be appointed who will be able to give them the attention that they should have. I wish to thank Mayor Garland and the members of the City Council for the fine co-operation they have always given the Zoning Board's re- commendations. Respectfully requesting that my resignation be accepted immediately. Very truly, CHAS. J. ARBOGAST The motion was made by Alderman Lemke and seconded by Loos that this resignation $ be accepted with regrets, and that the Clerk be instructed to convey to Mr. Arbogast the City's thanks for his many years of faithful service. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. PETITION FOR ZONING RECLASSIFICATION: The Clerk then read the foll- owing: Des Plaines City Council City Hall, Des Plaines Gentlemen: January 27, 1943 Attention: M.E.J. Friedrich Will you please consider rezoning the section in which we live so that we might convert the second floor of our house into a separate apartment? We are in Section 20, Town 41, Range 12 Arthur T. McIntosh & Co. Add'n to Des Plaines Hgts.,Inc. S2, Se4f & S.2, Si, Section 21, Town 41, Range 12, S. 73 feet, lot and sublot (9 & 10) Block 14._ If you cannot rezone, could you grant special permission to us, since our house is peculiarly suited to this purpose for the following reasons: 1. The lot is so large & the house is so far from the others. 2. When changed it would still look like an ordinary house. The separate entrance could be along the north side of the garage and so in no way alter the impressionofa single family dwelling. 3. On the south side of our lot is the Oakton commercial district, with the house only a few feet from the south line. 4. On the north side are threee houses, each on a forty foot lot. There would be more privacy in each of our apartments than there is in those houses you permitted to be built so close together. 5. The total number of people who could live in the divided dwelling would be no larger than the number who could live in it if it were completely finished as a single house. Since the government is appealing to all of us to make room for war workers you would be doing your partriotic duty by giving us permission to make use of our unused space. Will you please take action? Thankyou, MR. & MRS. J. K. PRESTON 1541 White Street, Des Plaines 1273-R 1 57 The motion was made by Alderman Lemke and seconded by Pflughaupt to refer this petition to the Zoning Board of Appeals for hearing and recommendation. The motion was voted upon by acclamation whereupon the Mayor decared the motion carried. Mayor Garland requested the Clerk to send the Committee of} Subdivisions, Building and Municipal Development a copy of the said petition. CITY MAY RAISE WAGES: The Clerk then read the following legal opinion: Mayor and City Council Des Plaines, Illinois Gentlemen: February 1, 1943 On November 12, 1942 the National War Labor Board and the Commissioner of Internal Revenue, pursuant to the regulations of the Economic Stabilization -Director, established a procedure whereby adjustments in salaries of wages of state, county, or municipal employees would be submitted to the Board or the Commissioner, as the case might be, for approval. Since the announcement of the foregoing procedure was made, this same Commission, on December 29, 1942, issued its General Order 12, 359 a, in - which, they in part said: Cq "1. In all cases where an adjustment of wages or salaries by a state, c county or municipal agency is necessary as contemplated by Executive Order No. 9250 )above referred to), and would not raise salaries or wages above the prevailing level of compensation for similar services in the area or community, the adjustments will be deemed approved without the necessity offiling certificates for the information of the Board hi or Commissioner." In their rules of instructions they advise that adjustment of wages is to correct either (1) a maladjustment or (2) inequalities or gross inequities. It should be noted that an increase to correct a "maladjtistment" is limited to an increase of 15% over the January 1, 1941, level and is not applicable to increases to individual workers or to employees in particular job classi- fications. Such an increase, thereofre, must be applicable to all or a greater portion of the employees of the City. Respectfully submitted, FRANK M. OPEKA, City Attorney 1 Mayor Garland ordered the said opinion placed on file. ADVERTISE FOR BINDS FOR COAL FOR MUNICIPAL BUILDING: The motion was made by Alderman Lemke and seconded by Friott to direct the Clerk to ad- vertise for bids for coal for heating the Municipal Building, said bids to be based upon the same specifications as were used for the last purchase of such coal.. The motion was voted upon by acclamation whereupon the Mayor de- clared the motion carried. REQUEST USE OF COUNCIL CHAMBERS: The Clerk then read the following letter: February 1, 1943 Des Plaines City Council Des Plaines, Illinois Dear Sirs: The Des Plaines Home Owners Assoc. has in the past been given permission to use the Council room for their meetings. We have finally completed our or- ganization and are now looking for a place to hold regular monthly meetings. These meetings will be held on the fourth Thursday evening of each month. Will it be possible for us to use the Council room? Thanking you for past favors. Sincerely yours, L.C. HEDBERG, Secretary The motion was made by Alderman Pflughaupt and seconded by Friott to refer this letter to the Comm. on Pub.Bldgs & Grds, with full power to act. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. 58 SEEKS SETTLEMENT FOR SIDEWALK BUIL`_ON PRIVATE PROPERTY: The Clerk then read the following letter: February 1, 1943 Mayor and City Council Des Plaines, Illinois Gentlemen: Mr. S. A. Jackson of this City has communicated with me rela16tive to a sidewalk built by the City in 1929 by special assesment under Warrant #132. He owns Lot 10 in Block 1 in Arthur T. McIntosh's Addition to Riverview, and the length of this lot, 299.37 feet faces Howard Street, with a width of 120 feet facing on Birch Street. The sidewalk was built along Howard Street, and Mr. Jackson paid $530.46 which includes interest. Recently, Mr. Zackson had his lot surveyed and advises me that this side- walk is built seven (7) feet inside his lot line, whereby the width, (or the depth if he should resubdivide with lots facing Howard Avenue) would be re- duced to 113 feet. He maintans that he is entitled to some adjustment in- asmuch as the City. had no right to construct this didewalk upon his property. Howard Avenue lies on a section line, and all streets so situated are usually 40 feet on ei#her side of such section line. In this instance, the portion of the block to the West has a 40 foot street dedicated, but his frontage, to- gether with the block East of hime are dedicated as 33 foot streets, conseque- ntly, it may assumed that whoever determined the line of the sidewalk did not take into MAXI consideration, and apparently proceeded on the theory that the entire north side of Howard Avenue at this point was 40 feet, hence.the error of location to the extent of seven feet. Mr. Jakcson is desirous of knowing What the City will do for him in this matter, therefore, your further advices in this instance are awaited. Respectfully submitted, FRANK M. OPEKA, City Attorney The -motion was made by Alderman Carroll, and seconded by Lemke to refer the said letter to the City Engineer for investigation and report. The motion .was voted upon by acclamation whereupon the Mayor declared the motion carried and the said letter so referred. SUGGESTS MORE CARE IN SNOW PLOWING: Alderman Pflughaupt then called atten- tion to the fact that the large snow plows used by the United Motor Coach Company and the State Highway Department on the highwqys in the City throw high ridges of snow across side streets where intersect with such highways. He suggested that something be done in the future to remove such ridges. MIDDLE STATES TELEPHONE COMPANY - FRANCHISE: The Mayor stated that amount other things it was necessary that the City Council consider at this meet- ing the question of granting a franchise to the Middle States Telephone Company of Illinois, its successors and assigns; that a number of conferences had been held in regard to the franchise and that an ordinance had been prepared and approved by the City Attorney granting such a franchise. Whereupon the City Attorney introduced the ordinance, prepared by him and recommended its passage by the City Council. Whereupon said ordinance at the direction of the Mayor was taken up and read by the City Clerk by its titled, then read in full and the contents thereof explained to the City Council, which ordinance is in words and figures as follows, to wit: ( Complete copy of franchise ordinance in full of next page ). AN ORDINANCE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, GRANTING A TELEPHONE FRANCHISE TO THE MIDDLE STATES TELEPHONE COMPANY OF ILLINOIS, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AND AUTHORITY TO CONSTRUCT, MAINTAIN AND OPERATE A TELEPHONE SYSTEM WITHIN THE CITY OF DES PLAINES FOR A PERIOD OF TWENTY (20) YEARS. BE IT ORDAINED By the City Council of the City of Des Plaines, Cook County, Illinois: SECTION I. That the Middle States Telephone Company of Illi- nois, its successors and assigns for a period of twenty (20) years from the effective date hereof, be, and is hereby granted the right and privi- lege to erect, install, construct, acquire, maintain and operate its tele- phone and/or telegraph lines, including posts, poles, anchors, cables, wires, conduits, manholes and all other necessary overhead, underground apparatus, and associated equipment, on, ever, along, in and through, across and under the streets, alleys, highways, and other public places of the present and future corporate limits of the City of Des Plaines, Cook County, Illinois, as its business may from time to time require, and to use the property of other companies and permit other companies to use its property upon such arrangements as the two companies may agree; provided; SECTION II. All poles, anchors, wires, cables, conduits and man- holes, of said Company within said City, shall be so placed and main- tained, and all work of said Company shall be so performed as not to interfere with the ordinary travel on the streets, highways, alleys and other public places of said City, or with any side-walk, sewer, water, municipal gas or other pipes now in place or hereafter laid in said City, and in case of bringing to grade, or change of grade, or change of width of any street or alley, said Company shall change its structures so as to conform therewith, without expense to said City. All streets, alleys, public places and sidewalks disturbed or dam- aged by the erecting, installing, constructing or renewal df said poles, anchors, conduits, and manholes, or any of them, shall be restored to a condition satisfactory to the City Council of said City, or to such person as shall be designated by it for that purpose. SECTION III. All poles erected under the provisions of this or- dinance shall be standard poles, smooth and well shaped, and shall be put up in good workmanlike manner; and all poles heretofore and here- after erected shall be maintained in a first class condition. SECTION IV. All wires and cables, including overhead guy wires, of said Company within said City shall be maintained at a height of not less than that provided by the statutes of the State of Illinois, and as the same shall be amended from time to time. (At the present time these statutes require that such lines shall not be less than fifteen (15) feet above the ground along the boundaries of highways, streets and alleys, and not less than twenty (20) feet at any public or private crossing, and not less than twenty-five (25) feet above the surface of any rails of any steam or electric railroad). SECTION V. The location of all poles, anchors, manholes and conduits installed under the provisions of this ordinance, as well as all changes or extensions of any poles or lines of poles, anchors, manholes, or conduits heretofore installed, shall be under the supervision of and subject to the approval of the City Council ,or such person as shall be designated by it for that purpose, and no poles, anchors, manholes or conduits, shall be installed, nor any change in the location thereof be made, except upon written permit from the City Council, or person designated by it as aforesaid. Should the City by ordinance order the opening or improvement of any street, highway, or alley, and any poles, anchors, conduits, manholes, wires or cable shall interfere with such proposed opening or improvement, or with the street, highway or alley adjoining the same, then the City Council may order and require said Company to remove such of said poles, anchors, conduits, and manholes as may interfere with said improvement upon sixty (60) days written notice to that effect given to said Company and upon giving said notice said City Council shall issue a permit to said Company for replacing or reconstructing its said poles, anchors, conduits, and manholes on the said street, highway, or alley, or upon other streets, highways and alleys in said City, and such removal or changes when so required shall be made by said Company within sixty (60) days or within any exten- sion of such time by said City and without expense to said City, subject to strikes, Acts of God, or other unavoidable delays resulting from mat- ters and things beyond the control of said Company. Should any conduit, or manhole obstruct any underground public improvement in any street, highway or alley, park, parkway, or in any vacated street or alley, then the City Council may request the relocation of any such conduit, or manhole by giving to said Company sixty (60) days written notice to that effect and shall in said notice grant said Company a permit or a new location therefor; and the Company shall within sixty (60) days from the date of such request, or within any extension of such time by said City, at its own expense, relocate all such conduits, or manholes. SECTION VI. The covers for all manholes constructed under this ordinance shall be of iron and said manholes shall be so built that the upper surface of the covers thereon shall present an even surface with the surface of the street or ground at the point where laid, and should th City desire to change the grade of any street, highway, alley or parkway, the tops of said manholes therein shall be raised or lowered by said Company to conform to the proposed change of grade and at said Company's expense, within thirty (30) days after written notice of said proposed change is given to said Company. Said manhole covers shall conform in all respects to the specifications and requirements of the City Council of said City. SECTION VII. Said Middle States Telephone Company of Illi- nois, its successors, and assigns, shall keep its said system and all property installed and maintained by it at all times in a proper and safe condition, and shall maintain proper barriers and danger signals during the construction, repair or-renewal of all work performed under the provisions of this ordinance, so as to avoid all damage and injury to life, limb and prodperty, said Company shall, at its own expense, defend all suits that may be brought against said City, and shall save and keep harmless said City from any and all damages, judgments, costs and expense of every kind that may arise or grow out of said work, or the operation or maintenance of said Company's equipment, or that may arise in any manner whatsoever under or by virtue of this ordi- nance, or any of the provisions hereof; provided, that the Company shall be notified by the said City within a reasonable time after the said City shall receive notice of any such suit. SECTION VIII. The Company shall annually, in January of each year, file with the City Clerk of said City, a plat over the signature of said Company, drawn to a scale showing the location of all conduits, manholes and underground construction with reference to City improve- ments installed at the date thereof, together with all modifications, additions and changes made with reference thereto, when any addi- tion or change shall have been made during the preceding year. SECTION IX. The plant and system of said Company shall be constructed, maintained and operated at all times in an efficient and improved manner, and said Company shall give to all its subscribers within said City, efficient and continuous telephone service for twenty- four (24) hours each day during the period this ordinance shall be in force. $ECTION X. No trees on property belonging to the City along any of the streets, highways or alleys of said City or other places with- in said City shall be cut or trimmed or connection made therewith, nor shall any wire, cable or guy rope be attached thereto without the con- sent of the City Council or other officials having jurisdiction of same or such person as shall be designated by the said City Council or other authorities for that purpose. Permission for cutting, trimming, or at- taching trees on privately owned property will be secured by the Com- pany from the particular property owner, or properly authorized agent of the Owner. SECTION XI. In the event any person, firm or corporation de- sires to move any building or structure along or across any street, high- way or alley of said City along or across which any of the poles, wires, guy wires, cables or fixtures of the Company are located and the mov- ing of said building or structure will necessitate moving or raising any of the Company's said equipment in order that there may at all tmes be proper clearance between said building or structure to be moved and the equipment of the Company, the owner of the building or structure shall make application to the City for a permit, and the City after consulting with a duly authorized representative of the Com- pany, and considering all factors involved affecting the public safety and possible interruptions in the service furnished by the Company, and other matters of importance to the City shall fix the route over which said building or structure will be moved and cause the Company to be given written notice at least twenty-four (24) hours in advance of the move being commenced, stating therein the nature of the build- ing or structure to be moved, the maximum height to which it will extend when moved over and along the designated streets, highways and alleys, the approved route, the time of commencing and approxi- mate time to be required in completing the move. The said Company shall be paid the actual cost of removing and restoring such wires, cables and other apparatus and fixtures or may be necessary for the moving of the building or structure, and the cost of same shall be paid by the person, firm, or corporation desiring to move such building or structure and such person shall also pay the cost during the time such removal may be necessary for such purpose of maintaining temporary service upon all fire and police alarm wires. The cost of removing and restoring such wires and cables shall be estimated by said Company (subject to the approval of said City Coun- cil) and shall be deposited with the City Clerk of said City by the person requesting such permit, and upon the restoration of such wires and cables said City Clerk shall pay the amount of said costs over to the Company. SECTION XII. Said Company's rates and charges, regulations, and practices pertaining to its services furnished within the City of Des Plaines shall at all times be those duly approved by the Illinois Commerce Commission, (or its successor in authority if any change should be made during the term of this franchise), for use in said City. SECTION XIII. Said Middle States Telephone Company of Illi- nois, its successors and assigns shall during the life of this ordinance free use of sufficient space on the top telephone cross arm of each pole, and within the conduits of said Company, for carrying the necessary police, fire-alarm and other low tension signal wires belonging to or used by said Company at actual cost. Said City shall also have the right to use for municipal electric light wires any pole or poles owned by the Company jointly with said Company on the same conditions, and subject to the same terms, that said Company grants to any one else the joint right to use its pole or poles, subject, however, to the prior right of any contract or agreement theretofore granted by said Company to any other person, firm or cor- poration for the joint use of such pole or poles, joint use of which is requested by said City. SECTION XIV. Said Middle States Telephone Company of Illi- nois, its successors and assigns, shall allow the City of Des Plaines, the maintain an exchange in the City of Des Plaines and durng the same period furnish free of any charge whatsoever to the City, for the use of the City, thirty-eight (38) one-party, business telephones for local exchange service, or the equivalent thereof in other types of local ex- change telephone service, such free telephones or service to be pro- vided at such places within said City as the City Council may designate. 1 In addition to these thirty-eight (38) free telephones, one addi- tional business, one-party telephone for local exchange service will be furnished by the Company, or the equivalent thereof in other types of local exchange telephone service, free of any charge whatsoever to the City for each additional one hundred (100) telephones served by the Company within the said City of Des Plaines over that number of telephones served at the effective date of this ordinance. Should the City of Des Plaines during any six months' period fail to use all of the free local exchange telephone service described herein, then the Company shall each six months pay in cash to the City of Des Plaines the difference between the tariff rate value of the free service that has been usd and the tariff rate value of the free service to which the City is entitled, as herein described. All of this free service shall be furnished purely as compensation in full for all rentals, privileges and permits and all inspection and supervision work by said City of the Company's plant and any changes, additions, extensions or improvements which it may hereafter make to its said plant within the present or future limits of said City; said inspections and supervision to be performed to insure the safety and general welfare of the citizens thereof. The number of free telephones furnished to the City as herein provided shall be subject to semi-annual adjustment and for this pur- pose the Company shall furnish the City with a statement verified by an officer of the Company showing therein the total number of local exchange telephones in service within the said City of Des Plaines as of January 1st and July 1st of each year, said statements to be deliv- ered to the City within fifteen (15) days after these respective dates, and said City shall have the right and privilege during regular business hours of examining the records kept by said Company necessary and proper to be so examined for the purpose of verifying the correctness of such statements. Immediately after the submission of such semi-annual statement the Company will pay to the City the difference between that rate value amount of free service used by the City during the current period and that tariff rate value amount to which the City is entitled under this section. SECTION XV. Any failure on the part of said Company, its suc- cessors or assigns, to comply with any or all of the conditions or pro- visions of this ordinance may, at the option of said City of Des Plaines, work a forfeiture of all rights given hereunder; provided, however, that no such forfeiture of such rights shall exist or be claimed because of such failure until due notice of such failure so claimed shall be given to said Company, its successors, or assigns, and a reasonable oppor- tunity afforded it or them to correct the things complained of, and by such corrections thereby duly comply with the provisions of this ordi- nance; and provided further that any failure or violation of any of the provisions of this ordinance on the part of the Company, its successors or assigns, which is due to the application of any present or future State or Federal law, regulation or order shall not be recognized or treated either as a failure or violation and shall in no way affect the validity of this franchise. SECTION XVI. The rights and privileges hereby granted shall not be exclusive, but said City reserves the right to grant a like right of way and like privileges to others, the same, however, not to inter - fere with the rights and privileges given hereby; and the rights and privileges hereby granted are to be taken and exercised subject to any ordinance or regulation of a police nature now existing in said City or which the City Councl may have the power, and shall at any time hereafter adopt. SECTION XVII. Wherever the word "Company" or the words "Telephone Company" are used in this ordinance, they shall be con- strued to mean "Middle States Telephone Company of Illinois, its suc- cessors, and assigns"; and wherever the word "City" is used, it shall be construed to mean said "City of Des Plaines, Illinois". SECTION XVIII. Said Company, its successors and assigns shall file a bond with sureties to be approved by the City Council of said City, running to the City of Des Plaines, in the penal sum of Two Thousand Dollars (2000.00) for the full and faithful performance of all the conditions in this ordinance to be complied with by the said Middle States Telephone Company of Illinois, so long as it or its successors, or assigns shall operate under this franchise. Said bond shall be filed with the said City Council within thirty (30) days after the acceptance by said Company o"' this franchise; provided, however, that nothing in the provisions of this section shall limit the liability of said Company under this ordinance to Two Thousand Dollars ($2000.00). SECTION XIX. This ordinance shall become effective and be in force from and after its passage, approval and publication according to law and the filing in the office of the City Clerk of said City a written and unconditional acceptance of its provisions by said Mddle States Telephone Company of Illinois and the execution and delivery of the bond as required by the provisions of Section XVIII of this ordinance; said written acceptance shall be filed as in this section provided within thirty (30) days after the passage and approval of this ordinance, otherwise this ordinance shall be void and of no effect. Passed: February 1, A. D. 1943. Approved: February 1, A. D. 1943. CHARLES H. GARLAND, Mayor. Recorded: February 1, A. D. 1943. Published in the Des Plaines Suburban Times on February 4, A. D. 1943. (SEAL) Attest: EDGAR J. FRIEDRICH, City Clerk. VOTE: Ayes: Eight Nays: None Absent: Two (FRANCHISE cont'1) Alderman Pflughaupt moved that the fules of the City Council be suspended for the purpose of considering and passing said ordinance at this meet- ing, which motion was seconded by Alderman Loos._ Whereupon said motion was then stated in full by the Mayor and after discussion the Mayor direct- ed the Clerk to call the roll for a vote upon the motion and upon roll call the following Aldermen voted: Aye: Carroll, Johnson, Loos, Pflughaupt, Dopheide, Kehe Friott, and Lemke Nay: None Whereupon the Mayor declared the motion carried by unanimous vote of all members present representing two-thirds of all the members elected to the City Council and that therefore the rules of the City Council which would in any way prevent the consideration and passage of the ordinance at this meetinguere suspended. The Mayor then directed the Clerk to again read said ordinance, where- upon the Clerk read the ordinancd by title and in full, and the contents of said ordinance were again explained to the City Council. Whereupon Alderman Pflughaupt moved that unanimous consent be given to the con- sideration and final passage of said ordinance at this meeting, which motion was seconded by Alderman Lemke. Whereupon the motion was stated in full by the Mayor and after discussion the Mayor directed the Clerk to call the roll for a voted upon the adoption of the motion and upon roll call the following Aldermen voted: Aye: Carroll, Johnson, Loos, Pflughaupt, Dopheide, Kehe Friott, and Lemke. Nay: None. Whereupon the Mayor declared the motion carried by the anamimous vote of all Aldermen present and being more than two-thirds of all the members elected to the City Co1.nncil. Alderman Pflughaupt moved that said ordinance as read be adopted, which motion was seconded by Alderman Kehe. Whereupon the Mayor stated the motion in full and after discussion directed the Clerk to call for a vote upon the motion and upon roll call the following Aldermen voted: Aye: Carroll, Johnson, Loos, Pflughaupt, Dopheide, Kehe Friott and Lemke Nay: None Whereupon the Mayor declared the motion carried and the ordinance adopted and approved the same in open meeting by appending his signature to said ordinance. - Alderman Lemke moved that said ordinance be published in the Des Plaines Suburban Times, a newspaper published and of general circulation in the City of Des Plaines, which motion was seconded by Alderman Pflughaupt. Whereupon the Mayor stated the motion in full and after discussion direct the Clerk to call the roll for a vote upon the motion and upon roll call the following Aldermen voted: Aye: Carroll, Johnson, Loos, Pflughaupt, Dopheide, Kehe Friott and Lemke Nay: None The Mayor thereupon declared the motion carried. TELEPHONE COMPANY CONSIDERS FIRE ALARM SERVICE: Frank M. Opeka, City Attorney then submitted the following proposal: Sioux Falls, South Dakota Jannary 29, 1943 Mayor and City Council City of Des Plaines Des Plaines, Illinois Gentlemen: 59 60 (LETTER-'contid) At your request, and in the interest of the general well-being of the City of Des Plaines,'our Company will endeavor to perform certain services in connection with fire -alarm service and calling certain designated Fire Department Officials and firemen, to advise them in case of fire. Our company is willing, and hereby agrees to have its telephone operators in Des Plaines Telephone Exchange, when, having received a report of a fire through any of the telephones within the City, to immediately establish co- nnections to certain telephones in the City as designated by the City Council, Fire Chief or other authorized person, and through such telephone connection advise the called party the location of the fire as reportedto our Office. It is understood that any information required to determine what parties are to be called, depending on the location of the fire, and for other reasons, will be furnished to the Company by the proper City Official and such in- formation be kept up to date at all times. This information will contemplate a list of parties and numbers to be called during the day time from 8 A.M. to 6 P.M., and another listing to cover those to be called in case of fire at night between 6 P.M. and 8 A.M. The Company will endeavor to keep its equipment so arranged as to permit the rapid calling of all those parties listed as to be called. The Company will at all times impress upon its employees the importance of diligently carrying out the procedure as outlined herein, but it is, however, understood that the Company is not legally bound to fursnih service of this kind, and that the City hereby releases the Company from, and will indemnify and save it harmless from any and all legal and other expenses, claims, costs, losses, suits, judgments, or damages for or on account of injuries or death of persons, or injuries to or destruction of property by reason of claims brought about by the Company, its agents, servants or employees performing or failing to perform any act or acts in connection with such fire calls. We are willing that his understanding shall remain effective until either party shall give to the other thirty (30) days written notice of its intention to make other arrangements, subject, of course, to the right of the Illinois Commerce Commission to require that it be amended or terminated. If the above reflects the intent of our understanding, will you please so indicate by signing this letter under the words, "Read and Agreed"? READ AND AGREED: CITY OF DES PLAINES, Yours very truly MIDDLE STATES TELEPHONE COMPANY By Vice President & Gen. Manager Mayor Mayor Garland referred the said proposal to the Fire Committee for study and re- commendation. TRAFFIC COMMISSION SUGGESTS PURCHASE OF SNOW PLOWING E'UIPMENT: The Clerk then read the following letter: February 1, 1943 Mayor Garland & Members of the City Council Des Plaines, Illinois Gentlemen: At the last meeting of your Traffic Commission, a motion was unanimously passed, suggesting that the City Council purchase an all-purpose, heavy duty truck, not less than 22 ton, with suitable attachments, holding a V-shaped blade for a snow plow, and also purchase an attachable straight blade for the removal of snow, and for the grading of unpaved streets. It is also suggested that an estimated amount for this purchase, be included in the 1943 Appropriation Ordinance. We also recommend to the Council, that you ask the State Highway Dept. to place signs at both approaches of the subway, running under the Chicago & Northwestern Railway, reading: "Slow - Pedestrian Crossing". (LETTER - cont'd)- Another matter brought up, was relative to the removal of the Circle in Cumberland, at the intersection of Wolf and Golf Road. It was thought that this removal would create more hazzard than that which exists at the present time. As a test, we have asked Mr. Esser, Superintendent of Streets, to place a red bulb in the present light post. This may aid the Motorist, warning them of the approach to a dangerous corner. Respectfully submitted, V.L. SPIEGLER. Secretary D.P. $raffic Commission Mayor Garland referred this letter to the Streets and Sidewalks Committm for study and recommendation. APPROVAL OF BILLS: The Finance Committee through its chairman Alderman Pflughaupt then introduced the following resolution: RESOLVED THAT THE FOLLOWING BILIS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE HEREBY AUTHORIZED TO DRAW THE PROPER WARRANTS IN PAYMENT OF SAME. 13351 Public Service Co. $ 1,712.13 13353 D.P. Journal, Inc. 16.54 13355 H. A. Becker 4.00 13357 Auto Parts of D.P. - 8.58 13359 Nat'l Safety Council 25.00 13361- Johnson's 39.01 13363 A -W Equipment Co. 20.32 13365 Western Tire Auto Stores -6.94 13367 Nagel Sales & Service 9.08 13369 City Clerk's Petty Cash 5.00 13371 Edward J. Hughes 8.00 13373 Nagel Sales & Service 3.95 13375 Lagerhausen Lbr. & Coal 40.20 13377 Penns. Salt Manuf. 11.25 13379 Ludwig Wilson Co. 6:20 13381 Inland Supply Co. 311.26 13383 Mulvihill Bros. 11.93 13385 Johnson's 7.53 13387 Socony Vacuum Oil Co. 4.74 13389 Edward J. Hughes 6.00 13391 E. N. Fletcher 24.00 13393 Maringer & Company 2.40 13395 Brd.Trustees PolicePens.Fd. 909.50 67-M Milburn Bros., Inc. 1,500.00 13352 Harold J. Ahbe 13354 Frank A. Bremer 13356 H. A. Becker 13358 Frank A. Brmer 13360 Authorized Radio Serv. 13362 Spiegler's Dept. Store 13364 Edward J. Hughes 13366 Auto Partd of D.P. 13368 Goris & Co. 13370 E. N. Flethcer 13372 Geisen Garage 13374 Nagel Sales & Service 13376 Imperial Trucking Corp. 13378 Lagerhausen Lbr.8c Coal 13380 Ludwig Wilson Co. 13382 Nat'l Lead Col 13384 Wieringa Bros. 13386 B.F. Kinder's Sons 13388 Western Tire Auto St. 13390 Western Tire Auto St. 13392 Nagel Sales & Service 13394 Wank A. Bremer 13396 Brd.Trustees Fire Pens.Fd. CASH TRANSFERS General Corporate Free Cash Water Free Cash Streets Free Cash 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 incurred b-- the General Corporate fund during the month of FEBRUARY, 1943. Water Revenue Bond Cash Water Depreciation Cash Water Free Cash 1,608.25 80.00 1,688.25 To transfer from Water Free Cash the monthly sum stipulated by the Water Revenue Bond Ordinance for the month of FEBRUARY, 1943. 61 52.00 .92 5.95 1.02 42.50 3.83 4.00 16.73 34.68 16.00 8.00 2.54 10.61 11.75 5.20 /42.28 1.65 1.83 11.30 11.45 12.00 9.95 85.70 69 (BILLS- cont'd)_ The motion was made by Alderman Pflughaupt and seconded by Loos that the said proposed resolution be adopted. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson Loos, Pflugh- aupt and Dopheide, Kehe, Friott and Lemke. Nays: None. The Mayor thereupon /MIN declared the motion carried and the said resolution adopted. APPROVAL OF MINUTES: Each member of the Council having been supplied a copy of the minutes of the regular Council meeting held Monday JanuAry 18, 1943, the motion was made by Alderman Lemke and seconded by Loos that the daid minutes be approved. The motion was voted upon by.acclamation whereupon the Mayor de- clared the motion carried and the said minutes approved. ADJOURN TO 8:00 P.M.. MONDAY, FEBRUARY 8, 1943: The motion was made by Alderman Loos and seconded by Lemke that the Council adjourn to 8:0 P.M., Monday, February 8, 1943. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the meeting so adjourned. CH, City Clerk MINUTES OF ADJOURNED REGULAR COUNCIL MEETING bF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAMBERS. MONDAY, FEBRUARY 8, 1943 AT 8:00 p.m. CALL TO ORDER: ,The meeting was called to order by Mayor Charles H. Garland, presiding, with Aldermen Carroll, Johnson, Loos, Pflughaupt, Kehe_ Lemke and Campagna responding to the roll call. (Aldermen iopheide, Friott and Schwanbeck were absent during the entire meeting). The Clerk reported seven (7), Aldermen present. Mayor Garland then stated that this is an adjourned regular meeting from Monday, February 1, 1943 held primarily for the purpose of considering the 1943 Approp- riation Ordinance. 1963 APPROPRIATION ORpINANCE PASSED:- The Clerk then read for first . reading the proposed 1943 Appropriation Ordinance entitled: AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES FOR MUNICIPAL PURPOSES DESIGNATED THE "ANNUAL " APPROPRIATION BILL"FOR THE FISCAL YEAR COMM1ENDING JANUARY 1, "1943 AND ENDING DECEMBER 31, 1943. The motion was made by Alderman Loos and seconded by Pflughaupt to suspend the rules and place the said proposed ordinance upon its final passage. The Mayor put the question on the motion to suspend the rules and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, Loos, Pflughaupti Kehe, Lemke and Campagna. Nays; None. The Mayor thereupon declared the motion carried, the rules supended and said proposed ordinance 'before the Council for final disposition. The motion was then made by Alderman Johnson and seconded by Lemke to finally pass and adopt the said proposed ordinance. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, Loos, Pflughaupt, Kehe, 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 seconded by Pflughaupt 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. ADVERTISE' FOR BIDS FOR GASOLINE REQUIREMENT: The Clerk then reported that the City's contract for gasoline expires March 1, 1943. The motion was made by Alderman Carroll and seconded by Loos to direct the Clerk to advertise for bids for gasoline, based upon the specifications used for the last contract. The motion was voted upon by acclamation whereupon the I'rlayor declared the motion carried. The motion was then made by Alderman Pflughaupt and seconded by Campagna that the said advertisement be placed in the Des Plaines Suburban Times.