City Council Minutes 1941 01-06-41 Yorkville, Illinois
January 6, 1941
r
_a
Now
The regular monthly meeting off. the President and Board of
( Trustees of the Village of Yorkville, Illinois was held in the
' Village Hall of said Village on January 6, 1941 and called to
order by President Devereaux at 8:00 P.M.
Finding present on roll call were President Devereaux,
Trustees Munson,Loomis,Barkley,Marshall and Clerk Ament.
Absent; Trustees Schulter, Schumacher.
Minutes of the the regular meeting held December 2, 1940 were
read and so ordered approved.
The regular monthly reports od the Clerk, Chief of Police and
Police Magistrate were read and so ordered approved.
Bills were then read as follows;
L.K. Devereaux Meetimgs attended May-Dec inc. 7.00
F.G. Loomis of 5.00
C' 0. Munson It 7.00
C.W. Schumacher it If 6.00
C.M. Schulter " of 4.00
F.E. Barkley If 6.00
J.R. Marshall If 6.00
Franklin Martyn 2nd half Dec , wages & car exp. 62.50
Franklin Martyn 1st half Jan-41 wages & car exp. 62.50
James Barkley 2nd half Dec. wages 16. 25
James Barkley 1st half Jan-41 wages 16. 25
H.W. Bretthauer December meeting 5.00
Public Service Co
548-200014 11/40-12/40 Ct Br. $125.06
548-20050 11/40-12/40 Orn 26.39
549-900 11/40-12/40 V. Hall 7.25
548-760 11/40-12/40 Toilet 7.93 $166.46
F.F. Weber Part Xmas lights 2.98
American Legion Post part Xmas lights 2.85
C.H. Houck Xmas lits in full 2.10
, F.E. Pennuto Xmas lights iA full 2.10
O .Harry Shefveland Additional prem. Workmens Comp Ins 12.91
Yorkville Hdw. Co Batteries,paint, Hdw 1.74
Town of Kendall gravel 26.30
Ill Bell Tel Co Toll # 3-1441 12/11/40 bill 0
' Illinois Municipal League Dues to 12/31/41 10.00
` James Barkley 2nd half December wages 33.75
James Barkley 1st half January wages 33.75
Public Service Co 548-335P New pump Nov-Dec40 $104.96
546-x+10 Old pump Nov 40 4.50
549-330 Light NovpDec40 1.00 110.36
Railway Express Co Express bottles & water .95
`American Well Works Repairing 1*" MB pump 12.88
A.C. Merkel Pipe,fittings,drip rods,Labor 49.41
! Delbert Ament postage & regist. 7 letters 1.35
Yorkville, Illinois
January 6, 1941
P4ge 2
.I
on motion by Trustee Marshall seconded by Trustee Munson the ii
bills be referred to the Finance Committee and be paid if found
to be correct and when funds are available.
Roll Call Ayes; Munson,Loomis,Barkley,Marshall
Nays; None. Carried and so ordered.
A notice was read from the Illinois Commerce Commission
relative to the application of the Chicago, Burlington and
Quincy Railroad "ompany for the disc6ntinuance of trains
number 111 and 122 said trains being pperated by above
company through the Village of Yorkville at present.
A communication was read from the Illinois Municipal League
relative to the refund of taxes paid the State of Illinois
under the 1935 Public Utility Tax Act.
A resolution entitled Resolution authorizing and directing that
proper steps be taken to secure refunds to this municipality
of the taxes illegally collected from it by the State under
the 1935 Public Utility Tax Act was then read.
on motion by Trustee Barkley seconded by Trustee Marshall
the resolution for the refund of taxes paid the State of
Illinois under the 1935 Public Utility Tax Act be passed and
adopted as read.
Roll Call Ayes; Munson, Loomis,Barkle$,Marshall
Nays; None. Carried and so ordered.
(See following page)
A letter containing the corrected summary of water analyses
as received from the Department of Public Health and was read.
on motion the meeting was adjourned
Clerk U U Presi ent.
it
RrSOLUTION AUTHORIZING AND DIR7CTING THAT PROM SMS BF TAKFN
TO SFCURF RFFU LS TO TFTS VU NICIPALITY OF TF 7 TAXrS ILMALT Y ,
COLL7CTrD FROM IT BY TF 7 STATE' UNLFR THE' 1935 PUBLIC UTIT ITY TAX
ACT .
''HFRrAS, this municipality has made certain payments not under protest
to the Illinois State Department of Finance , pursuant to the 3% Public Util-
ity Tax Act of 1935 , and
FFRrAS, this Act was declared unconstitutional by the Illinois Supreme
Court in 05 I11 . 529 , April 1937 , and
WHFRrAS, there is a growing body of legal opinion that this money being
illegally collected from this municipality has never really entered the State
Treasury , but is being held by the state as custodian for this municipality ,
and
WHFRFAS, it is our opinion that this money, being illegally collected,
should be refunaPa to this municipality ,
NOW, TFvPrFORr, BE IT RrSOLV7D by the Yayor and Council of this munic-
ipality that it join with other municipalities in taking the necessary legal
or legislative action to secure a refund to this municipality of the above
mentioned amount , and
BF IT FURTHER RrSOLVvD that this municipality hereby authorizes the
Illinois Yunicipal League on its behalf to employ attorneys to do all things
proper and necessary by court , legal or legislative proceedings , to secure
this refund for this municipality , it being understood that this municipality
is to pay the Illinois Yunicipal League 25% of the amount refunded to this
municipality, and that if no refunds are secured tnere will be no obligation;
it being further understood that the League is to retain 101 of the amount
for administrative and other costs in connection with the case and that the
attorneys are to bP paid 151 for their legal services in full , and
B7 IT FURTFrR RFSOL77D that the Yayor and Clerk are hereby autnorizea
and directed to file with the Illinois Yunicipal League a statement of claim
for refund , itemized monthly as to payments not made under protest and for
which refunds ha.v^ not yet been received , and
BF IT FURTHER R73OLM that the Vayor and Clerk be and are hereby
authorized to execute ant deliver the form: of power of attorney a.puroved at
tnis meeting to A. D. PtcLarty , the Executive Director of the Illinois lun-
icipal League, involvP0. in this refund case, ant
BF IT FUNTF FR RrSCLVFD that the Yayor and Clerk be and are nereby
authorized ant directed when this refund is made to this municipality , to
draw a check for 25% of the amount refunded , maae out to the Illinois Yun-
icipal Lea gue, and to sent it to the Illinois Lunicipa.l League, Springfield ,
Illinois , and
BF IT FURTFaF'R R73OLV7D that a copy of this resolution, together with the
statement of claim and form of power of attorney shall be forwarded by the
Clerk to the Illinois Punicipal League , 500 Fast Capitol Avenue , Springfiela ,
Illinois , in order that the attorneys in the case may navF as quickly as
possible full information as to the municipalities participwting and the
amount of claims filed in this case.
Passed this bth day of January , 1941 .
Signed
Yayor or President
Attest : Name of Yunicipality
To hov- ► \ Village of Yorkville
( Clerk)