01/08/1945342
(MINUTES C *ft'D.)
FRANK OPBIAs The motion was then made by "lderman Campagna and sec-
onded by Halverson that the Olerk be instructed to send a letter of condolence
to Frank Opeka, City Attorney, regarding the death of his father. The motion
was voted upon by acclamation whereupon the Chair declared the motion carried and
the Clerk so instructed.
1945 APPROPRIATION ORDINANCE: The Clerk then read for first reading
a proposed ordinance entitled:
AN ORDINANCE
Making Appropriations to defray the expenses of.the City
of Des Plaines for Municipal purposes, designated the "An-
nual Appropriation Bill2 for the fiscal year commencing
January 1, 1945 and ending December 31, 1945.
APPROVAL OF MINUTES: Each member of the Council having been supplied
a copy of the minutes of the regular council meeting held December 18, 1944,
the motion was made by Alderman Johnson and seconded by Lemke 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.
ADJOURNMENT: The motion was then made by Alderman Lemke and seconded
by Vavrinek to adjourn. The motion was voted upon by acclamation whereupon the
Chair declared the motion carried and the meeting regularly adjourned.
MINUTES OFA SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF DES PLAINES
HELD IN THE COUNCIL CHAMBERS, MONDAY,
J .,VARY 8, 1945, AT 8:00 P. L.
CALLTO ORDER: In the absence of Mayor pro tem, G. N. Pflughaupt,
the meeting was called to order by Otto 4. J. Henrich, City Clerk, with Aldermen
Johnson, iapieralski, Vavrinek, ehe, Scharringhausen, Lemke , McKay, Campagna,
and Halverson responding to roll -call
DESIGNATE PAYOR PRO TIM: The motion was made by "lderman Napieral.ski
and seconded by Vavrinek that Alderman-emkeserve as Mayor pro tem. The
motion was voted upon by acclamation, whereupon the Chair declared the motion
carried. Alderman i.emke thereupon took the Chair.
THE RE:WING OF THE CALL: The call was then read: January 5, 1945
To the members -of the City Council
o.f the City of Des Plaines, Ill.
Gentlemen:
You ere hreby officially notified that upon order of
Mayor pro tem G. ':7. rflughaupt, a special meeting of the City
Council of the City of Des Pl_Aines will be held Monday, January 8,
1945, and 7:30 P. IG i. in the Council Chambers for the purpose of
taking action with respect to the John Y. Boeckenhauer case, and
to dispose cf such business as may be necessary.
Sincerely yours,
OTTO V. J. HENRICH
City Clerk
WAIVER OF NOTICE
We the undersigned members.of the City Council of the City of
Des Plaines, do hereby waive notice of the time, place, date,
and purpose of the special meeting of the City Council of the
City of Des 'Iaines to be :Held in the.Council Chambers on the
8th day of January 1945, ;.D., at 7:300 P.M., and do hereby
consent to the holding of such meeting and to transaction of
any and all business that may come before such meeting:
G.W.Pflughaupt, E. 1.Johnso n,T.R.Napie •alski,L.J.Vavrinek,
H.J.Kehe,E.J.Scharrin0hausen,J.7.Lemke,S.LcKy,
H.Halverson, S.Campagna,F.M.Opeka
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w J
(MINUTES CONT'D. )
JOHN H. BOECKENHAUER RESOLUTION: The Clerk then read the following
proposed resolution:
RESOLUTION
'ZiEHEaS, a judgment in Ejectment wa§ entered .against the City of Des .'laines
and in f-avoi of John H. Boeckenhauer and Esther Doeckenhauer, his wife, in
the Superior Court of Cook County, No. 43 S 11629, and the court retained
jurisdiction on the question of damages; and said cause is now pending on
Appeal to the Supreme Court of Illinois, case No. 28462; and
WHEREAS, the said John H. Boeckenhhuer and Esther Boeckenhauer, his wife have
tendered an offer of settlement in this regard and have agreed, in consideration
of the payment of the sum of Nine Hundred (y$900.00) Dollars by the City of
Des Plaines, to do as follows:
1. To convey to the City of Des Plaines, all of thtiir right,
title and interest in and to the North 40 feet of the "lest
half of the 'North east quarter of Section 17, Township
41 North, Range 12 East of the 3rd P. M. (except Railroad
right of way) and (except dedication for street purposes
of .,wolf Road; which said premises shall be conveyed by
two deeds, one for 33 feet, the premises in dispute as
above set forth; and another deed for seven (7) feet (which
"'is being purchased herein for the sum dif $900.00) the ag-
gregate of which is 40 feet to balance the width of the
north side of Thacker Street.
rY1 2. To execute to the City of Des Plaines, a_, release of all claims
and demands that they may now have against said City.
•
' . 3. leo cause to be paid and satisfied the lien of Special lssessment
##130, for water, levied against the farm adjoining the above
premises, and which includes said premises to be conveyed. -
lo be annexed to the City d' Des rlaines the South-west corner
of olf Aoad and Thacker Street, which fronts approximately
150 feet on Thacker Street, together with 360 feet of frontage
on Thacker Street to the west of said corner; the depth of
both parcels to be that of the standard lot depths.
•
5. To dismiss the•suit for damages in Superior Court case
No. 43 S 11629, which is a part of the Ejectment action, and
to consent to the dismissal of -the Appeal now pending in
the Su,reme Court of Illinois, No. 28462.
and
WHEN.EAS, this litigation hasbeen costly, and to avoid any additional -ex--
_oenditures of monies in that regard, and believe that it would be for the
best public interest that said offer of settlement be made; now, therefore:
BE IT tESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES,
COOK COUNTY, ILLINOIS:
Section 1._ That the Mayor and City Clerk be and they are hereby
authorized and directed to execute a warrant in the sum of Cine hundred
($900.00) Dollars out of the "treet Fund payable to John H. Boeckenhauer and
Esther Boeckenhauer, in payment of the purchase of seven (7) feet of len d/
abutting the south 33 feet of Thacker Street between 7lolf Road andthe Belt
Line Railway on the south, with which is to be conveyed a deed for the 33
feet in dispute as above set forth,and together with a release of all claims
and demands, the payment of Special 2.ssessment Alarrant Na. 130 levied against
the farm abutting on the South of -aid 40 feet; the annexation of premises
=s shove set forth, and the dismissal of the damage suit, Superior Court
case -No. 43.g 11629 and consenting to the dismissal of tae "ppeal now
pending, Supreme Court of Illinois, Case No. 28462.
Section 22 That the City Attorney be and he is hereby authorized
to deliver a check in the sum of $900.00 to the said John H. Boeckenhauer
and Esther Boec'-.erha.uer, upon the delivery of the above documents and the
performance of the acts above set forth; or if an escrow agreement is made
and entered into, to execute, on be'_slf of the City of Des Plaines, such
agreement upon conditions as above set forth; and he is further authorized,
in t'ee completion of this sett,ement, to consent to the amendment' of t
'Disconnection order in the County Court, case no. 97187, to include the
:;remises set forth above; an:; to procure the dismissal of tat damage suit
in Ejectment, _:.nd the Appeal now pending in the Supreme Court.
Section 3. That this resolution sh.ail be in full force andseffect
from and after its pass- .ge and approval.
343
(BoECKENI AER. )
The motion was then made brilderman i,ehe and seconded by Campagna thatthe
said resolution be adopted. The Chair put'the -.uestion and the Clerk called
the roll with the following results: Ayes; _Aldermen Johnson, l�apiere:ski,
Vavrinek, Kehe, Scharringhausen, Lemke, McKay, Campagna, and Halverson,
Nays; none. The Chair thereupon declared the motion carried and the said
resolution adopted.
COUNTY ZONING:; The Clerk then read the following letter:
January
Otto W. J. Henrich
City of Des Plaines Clerk
City -fall
Des Plaines, ILlinois
Dear Sir:
Re: appeals #271 & 272
5, 1945
Please be advised that the petitions for amendments to the Zoning ordinance
of Cook County originally heard on October 19, 1944 at the Des Plaines City
Hall, has been reopened by the Zoning Board of appeals.
The petitioner seeks the redlassification of the properties located on the
south end of Devon Avenue to the north line of the Southeast quarter of
Section 33 in Maine Township containing 80 acres and the 40 acre tract lo-
cated on the south end of Touhy avenue to the south line of the South-east
quarter of the Southeast quarter of Section 33, Maine Township from an F
;Farming) quarter to an R-4 ;,Residence 10,000 sq. ft.) District.
The time and place for such reopened public hearing as set by the Boar.,
id 7:u0 P. E. (Central " rar Time) , January 16, 1c)45 at the Des Blains City
Hall, Des Plaines, Illinois.
Yours very truly,
signed) Walter T. i'opjoy
Secretary
EO O PIT: Alderman 'apieralski reported his meeting with the
Board of County Commissioners, regarding the Boro Pit. He suggested that
another letter be writ '.;ezi to ne commissioners end include a plot which he
had drawn np, showing location of pit. The Chair instructed ddderman
Napieralski to ,.Trite this letter and the Alderman consented to do so.
ADJOURNMENT: The motion was made by «lderman Vavrinek and seconded
by Halverson that the meeting adjourn. The motion was voted up&n by acclamation
where upon the Chair declared the motion carried and the Council regularly =adjourned.
liAk-
OTTO '',. J. 1NRICH, City Clerk
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL O' THE CITY
OF DES PLAINES HELD IN THE
COUNCIL CHAMBERS, MONDAY,
JANUARY 15, 1945. AT 8:00 P. M.
CALL TO (R DER: The meeting was called to order by Mayor pro tem G, W.
Pflughaupt, presiding, with Aldermen Johnson, flapieralski, Vavrinek, Pflughaupt,
Kehe, Scharringhausen, Lemke, McKay, Campagna, and Halverson responding to roll -call.
OFFICER'S REPORT: The Glerk then submitted the reports for December, 1944,
of Harold J. Ahbe, City Treasurer, and Otto Henrich, City Clerk. The Mayor ordered
the said reports placed on file.
ATTORNEY''S REPORT: City Attorney Frank Opeka reported about the Sales
Tax Discussion at the Munic$pa1 District meeting, held at Maywood. Alderman Scharib
ringhausen also attended this meeting.
MARSHAI H. BECKER: Marshal H. Becker reported on the F. B. I. course.
available to all officers .
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