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City Council Minutes 1932 12-05-32 Yorkville Ill Dec-5th 1932 il The regular monthly meeting of the President and Board. of ! Trustees of the Village of Yorkville held in the Council i 111Chambers en.'the above date and called to order by President Devereaux at 7 : 15 P M. Finding present President Derereaux Trustees Ament,Dhuse, Friedberg,Hage,$chumacher,Wollenweber and Clerk Armbruster. `! Minutes of regular meeting held Nov.gth read and so ordered approved. j Bills read as follows. ls_hswis Salary for Novenber 20 OOL i � M.D.Behrens " " " 60.00 ij 3N,S,Beecher n n n 50.00 w' ;; President Devereaux.Trustees Ament.Dhuse.Friedbera.Haae. ii , Schumacher, ollenweber 51 .50 each for Novenber meeting 10.50 I Hayden Garage Gas.& Labor 5.03 I' ,i ! Farmers Elevator Co. Lumber & Shingles 3 7.41 j Jet er & Boston Lumber & Coal 9.51 s- �, James Miller _ Digging on Sewer 9.45 �i ! E.J.Armbruster Freight on Paint & Stove Pipe 1 ,27 i ' Public Service Co. Acct .#3034- 1 9.40 " #3199 7.68 !j #3199-2 34.50 I� k• II n n n n #3199-1 85.92 i1orris Limestone Products Co.8700# Crushed Rock 3.48 `.R.C.Hughes October to December 4th bill 7.21 On motion by, seconded bvAment the bills 8 be refered to u the finance committee and paid if found correct.Roll Call Ij l Ayes Six Nays None Carried and so ordered. I� On motion by Schumacher seconded by Wollenweber the bill for ;digging under oementitroad at Hughes Service Station be canceled. 10arried and so ordered. On motion by Schumacher seconded by Friedberg that the President and Clerk be authorized to execute the Resolution in the matter of giving $25-00 to the E16cutive Committee to help fight the increase in Gas rates. Roll Call Ayes Six, ! : Nays None.Carried and so ordered. RPsolution attached. A resolution was read as follows. ii "Resolved that the proper officials of this municipality be and they are hereby authorized and directed to request- ".'Illinois to discontinue the Public Service Co . Of Northern the following Street Lighting Service under and in accordancel ions of the Con Lract for Street with the terms and conditions oetWber tlf" 1! Lighting Service dated the f-12Wt d ay of the following Street Lighting Service" " Location Method of Candle Burning Rate Per Lamp i of Lamps Instalat ion Power Dhusk to Per Month 100 1 A U 11 - 15 16 Lights on Ornamental the two bridges Posts on R oute lk 47 2 Seven of Ornamental Lights on Bridge St. Please effect the above service authorized in the foregoing resolution. On motion by Ament seconded by Schumacher the Resolution be passed as read and a copy of same be mailed to the Public Service Co.at Ottawa Ill Carried and so ordered. ii ii RESOLUTION WHEREAS, there is pending before the Illinois Commerce Commission an application of the Western United Gas and Electric Company for the approval of a proposed schedule of gas rates as well as an application for permission to serve consumers with a mixture of natural and artificial gas, involving the approval of certain contracts dealing with the purchase, interchange and sale of gas by said Company with other designated Com- panies, all of which matters concern the interests of present and prospective gas consumers within said territory , including consumers within the-----Villa 6_ --------------of----------------- orkY111H_________.____.__ __------------------------- (City orage) as to the quality, cost and service of gas; and WHEREAS, there has heretofore been formed an Association of incorporated Illinois Municipalities, which are served with gas by said Western United Gas and Electric Company, in the Counties of Cook, Will, DuPage, McHenry, Kendall, Kane and DeKalb, in the State of Illinois, for the purpose of formulating and carry- ing out a program of co-operative action in protecting the interests of present and prospective consumers of gas within the respective corporate limits of the members of said Association; and WHEREAS, an Executive Committee has been authorized to carry out the purposes of said Association by employing accountants, engineers, attorneys and other persons having expert or scientific knowledge and by obtaining such information and data as said Committee may deem necessary,and in general taking all steps that said Committee may deem expedient in the furtherance of the purposes of said Association; and WHEREAS, it is the desire of the----P1'Q81dent---&---Board---pf---Trustees-----------------------------------of (City Council or President and Board of Trustees) the Vlll a$e - of Yorkville ----- ---- - ----- - --- --- --- -- to (City or Village) join other municipalities in said Association, in the furtherance of the purposes thereof; and WHEREAS,a proposed agreement has been presented to said-------V_111.a$®------------------------------------------------by (City or Village) said Executive Committee setting forth the terms and conditions upon which it is proposed that saidV 1118(39---- (City or Village) agree with said Executive Committee for the participation of said__V1118ge__________________ in said Association; (City or Village) which proposed agreement would obligate said-----V_illags___-__________ to pay to said Executive Committee, as (City or Village) its contribution towards accomplishing the purposes of said Association, a sum not to exceed__T-weAty---------------- ______J._7._Ye---------------------- Dollars, ($25_SP------), said sum to be remitted to said Executive Committee in such installments and at such times as said Executive Committee shall request. NOW, THEREFORE, BE IT RESOLVED by the_Pre8_i-dent--- _._Board._-of__.Tr_us_t_e_enof the (City Council or President and Board of Trustees) V_1118KO----------------------of-----Ybrkvi ale----------------------------- that the---P-r-es eX1_L_------------------ and Clerk of said (City or Village) (Mayor or President) ___-__V111$ge____________________ are hereby authorized to duly execute, on behalf of said-----Village------------------------of (City or Village) (City or Village) YOrkv1J1e----------- ---------- said agreement with said Executive Committee hereinabove referred to. I, ._E_,_J..Armbruster---------------------------------------Clerk of the_Vi1,-1_a$e----------- of Y0rkv111e--------------- (City or Village) in the County of _-Kendall.--------------- Illinois, do hereby certify that the foregoing is a true copy of a resolution passed by the---Foal"d.--flf---TruBtes#------------------------------ and approved by the __P_I'_O$14t!k t-- --_-------------------- (City Council or Board of Trustees) (Mayor or President) of said Village-.----- ofYorkv_ill_e____. on the .........5th---------------------- day of-De_ceMbox---------- A. D., 1932. (City or Village) Witness my hand and the Corporate Seal of said Village________________ (City or Village) ofY_orkYille - this - - nth ---- -- ----- - day of------DeC_Pmber __ , A. D., 1932. r Clerk ` r� kk I . t WHEREAS, the villages of Yorkville and Bristol Illinois have installed an ornamental lighting system on the cement bridges across the Fox River on Route 47 between the municipal corporations of said villages, and THERF,AS, said village of Yorkville is under contract with the Public Service Company of Northern Illinois to light said bridges, and �- WHEREAS, THE ST2TE' OF ILLINCIS constructed said bridges as a part of its Durable Hard Roads System, a part of route 18 now crossed by route 47, WHEREAS, said village is without lawful authority to appropriate monies from any fund to pay the lighting bills as said bridges are outside the ; corporate limits of the village of vorkville, and WHEREAS, the village of Bristol is located immediately North of said bridges, and 3 WHEREAS, more than one half tDs population of the villages traverse the bridges at night, and THEREAS, many of these pedestrians are children, and WHEREAS, The State Highway Department haw not installed a guard rail between the sidewalk and the cement slab of route 47 across said bridges, and WHEREAS, the Village of Yorkville, has found it necessary to work out an economic readjustment program and has by appropriate resolution requested the Public Service Company to discontinue lighting said bridges, and WHEREAS, in consequence of this economic disarrangement we believe this situation to be of so serious a nature that the State Highway Department should take immediate steps to take over the lighting of said bridges, BE IT RPSOLb'ED by the Board of Trustees of the Village of vorkville in regular meeting assembled that we ask the State Highway Dept., through the Hon. John Peffers, the Hon. Frank McCarthy and Senator elect Arnold P. Benson, that they endorse said resolution and forward certified copies of the same to the State Highway Department urging said Department to immediately take over the lighting of said bridges, and BE IT FURTHER RESOLVED, that a copy of this resolution be spread upon the minutes of the village board and that the President and Villags Clerk be hereby directed to forward a certified copy to o4ch the Hon. John Peffers the Hon. Frank McCarthy and Senator elect Arnold P. Benson. President Clerk f I, E. H. Armbruster, Clerk of the Village of Yorkville, in the County of Kendall, State of Illinois, do hereby certify that the foregoing is a true copy of a resolution prteses by the Board of Trustees and approved by the President of said Village of Yorkville on the 5th day of December, A. D. 1932. yy Witness my hand and the Corporate Seal of said Village of Yorkville this 5th SEAL day of December, A. D. 1932. Clerk. jOn motion by Ament seconded by Friedberg the Resolution read in regard to State. of 111 no1s atanding--oxpenae--or .lighting State Bridge on Route #47 at Yorkville be mailed go icopy to each of the following, the Hon.John Peffers,Hon.Frank #eGarthy and Senator elect Arnold P.Benson.Carried and so ordered. ' 4 On motion meeting adjourned. ,4 I Village Clerk President I' ii f' Ii I� Ei 4� li I li i it it AGREEMENT THIS AGREEMENT, Made and entered into this .__.___5th..____---___-------------- day of ---Dec-ember--------- ------------- 1932, between the ---------V11149P------------------------- of ------------------`. ------ ------------------------------------------------ a duly incorporated municipality of the State of Illinois, as first party, and the Executive Committee of an Association of Incorporated Illinois Municipalities lying within the territory of and served with gas by the Western United Gas and Electric Company in the Counties of Cook, Will, Du Page, McHenry, Kendall, Kane and De Kalb, in the State of Illinois, a Committee duly appointed and-qualified to act for and represent members of said Association, as second party, WITNESSETH: WHEREAS,there is pending before the Illinois Commerce Commission an application of said Western United Gas and Electric Company for the establishment of a proposed schedule of gas rates, as well as an application for permission to serve consumers in said territory with a mixture of natural and artificial gas,involving the approval of certain contracts dealing with the purchase,interchange and sale of gas by said company with other designated companies, all of which matters concern the interest of present and prospective gas consumers within said territory as to the quality, cost and service of gas; and WHEREAS, first party has joined or is desirous of joining said Association,formed for the purpose of formulating and carrying out a program of co-operative action in protecting the interests of present and prospective consumers of gas within the respective corporate limits of the members of said Association; and WHEREAS,second party has been authorized by said Association,through its members in convention assembled,to formulate and carry out such program of co-operative action in protecting the interests of present and prospective gas consumers residing within the respective corporate limits of the members of said Association, and to that end to employ accountants, engineers, at- torneys and other persons having expert or scientific knowledge, and to obtain such information and data as to said Committee may be deemed necessary for such purposes, and in general to take all steps that may be deemed by said Committee to be necessary or ex- pedient in furtherance of the purposes of said Association: NOW THEREFORE, first party, in consideration of the covenants and agreements hereinafter made by second party, and of the execution of similar agreements by other incorporated municipalities in the territory above referred to, and in consideration of the services to be hereafter performed by the persons,firms or corporations employed by second party under and pursuant to the provisions of this agreement,agrees with second party,and with each of the municipalities which have heretofore executed or which may hereafter execute similar agreements, as follows: First.First party agrees that second party shall have full power and authority to— (a)Devise and carry out in its behalf such program as in the judgment of second party is best calculated to protect the interests of present or prospective consumers of gas residing within the corporate limits of first party and other municipalities situated within said territory, and in the carrying out of said program to commence, intervene, defend, appear and otherwise to fully participate in, either in the name of first party or otherwise, any proceeding before the Commerce Commission of the State of Illinois or any similar governmental body,or in any court of appeal or record in which are involved any facts or issues appurtenant to or directly or indirectly involving the interest of said gas consumers; and (b) Employ in its behalf in the carrying out of said program engineers, accountants,attorneys and other persons having expert or scientific knowledge, and to obtain such records and other data as may be deemed by second party to be necessary or expedient for accomplishing the objects of such program. Second. First party agrees to pay, as its contribution to the cost or expenses incurred or contracted by second party in doing or having done on its behalf any of the things authorized by this agreement, a sum not to exceed------------------------------------------------------------_ Dollars,($_____-.___-_.___),to be remitted to second party in such installments and at such times as second party shall request;and agrees that said sum of money shall be used and expended by second party in the furtherance of the purposes of the Association herein referred to, and first party further agrees that it shall be deemed to be benefited by all services performed by second party and by any persons, firms or corporations employed by second party hereunder. Third.First party reserves the right to appear in any proceeding before the Commerce Commission of the State of Illinois or any similar governmental body, or in any court of record or appeal, in which the matter of gas rates or authority to transport, distribute or sell gas within its corporate limits is directly or indirectly involved, by its own counsel, and to produce in any such proceeding its own witnesses and exhibits and prosecute its own appeal or writ of error from any order, judgment or decree entered therein, and otherwise to fully participate therein. Fourth.First party agrees that second party and each of its members shall not be or become liable to first party for anything done or neglected to be done under or by reason of this agreement by second party or any of its members or by any agents or employees of second party. Second party and each of its members, in consideration of the foregoing covenants of first party and in consideration of the execution of similar agreements by said other incorporated municipalities, agree with first party as follows: First. To devise and carry out to the best of its and their ability a program or plan of co-operative action by the incorporated municipalities and said Association whereby the interests of present and prospective consumers residing within the corporate limits of such municipalities may be protected and the general purposes of the Association promoted; provided, however, that second party shall not be obligated to proceed as aforesaid unless and until the members of said Association shall have pledged or contributed such total sum as in the judgment of said second party shall be deemed sufficient to warrant its proceeding as aforeasid;and said second party shall not be obligated to proceed farther than in its judgment the funds received from time to time will warrant. F Second.To render a true and correct account of its or their respective acts and doings in and about the furtherance of the pur- poses of said Association, and to return any unexpended funds to first party in the proportion that the amount actually contributed by first party bears to the total amount contributed by all members of said Association. It is further understood and agreed by both parties hereto that any powers or authority given to second party may be exercised by a majority of the members of second party as it may at any time be constituted,and that present members of second party or their successors in office and/or their survivors may fill vacancies occurring in its membership from time to time from any cause in such manner as may then appear to second party to be fitting and proper. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the day and year%first�abov written. First Party:_ -- ----By---- ---__ --- --- --- e,, ----------- ------------- (CorporatSeal) -- -- ---- -- --------- ------- ---------- ----- r (M or Presi ent) Attest:. --------- ---- ---- Clerk of said._T111age -of....Yorkvli� --- ---- Second Party: EXECUTIVE COMMITTEE OF SAID ASSOCIA- TION OF ILLINOIS MUNICIPALITIES, MYRON M. LEHMAN, EDWARD H.BLATTER, WILLIAM R. BURNES, (Mayor of Elgin) (Mayor of Elmhurst) (Mayor of Woodstock) CONRAD M. BJORSETH, WILLIAM A.HENNESSY, FRED HERROD, (Mayor of Aurora) (Mayor of Joliet) (Mayor of Sandwich) SAMUEL F. BEATTY, J.ALFRED ANDERSON, (President of Hinsdale) (Mayor of Batavia) By-- _------------ -----------------------_--------------------------------------- -- -- -- --- ---- ----- ----- - Attest:------------ --- - - Secretary- -o-f-Said-_Executive- ---- ive C omm-itt.e-e....... ---- --- -- -- --- Chairman of Said Executive Committee -- The members of said Executive Committee act solely as individuals, their official titles being given purely for identification.