Article Text
Proceedings of the City Council
Crystal Lake, Illinois, Dec. 1, 1931 Regular meeting of the City Council. John A. Peterson, mayor, presiding. The following aldermen were present at roll call, constituting a quorem; McDonald, Jaster, Kruger, Bryant, Pierson and Meier. None being absent.
The minutes of the meeting of Nov. 17 were read and on motion by alderman Meier seconded by alderman Jaster were approved. The following bills approved by the finance committee were presented and
Illinois Bell Tel. Co., tele- phone $ F. Muffley, labor 13 50 Chas. Schultz, labor Lee Lockwood, labor 13 50 Alvin Knutter, labor 13 50 Ole Benson, labor 4 50 Sam Oklack, labor 96 Sid Sears, gas and oil 5 09 George Heisler, hauling 37 00 McHenry Co. Coop. Farmers, coal ect 70 69 Rosenthal Lbr. & Fuel Co., cement 21 24 Wm. Bruedigam & Co., repairs 50 C.F. Gumprecht, repairs 9 80 Standard Oil Co., gas & dil Builders Iron Foundry, repairs The Herald Publishing Co., printing Tread Corp., Tread W. S. Darley & Co., repairs D.C. Bacon, gas & oil Public Service Co., lights and
63 50 45 00 17 52 23 59 power 1036 11 Federal Union Ins. Co., Ins. premium 139 30 Tessendorf Bros., repairs Heisler Bootery, supplies Andrew Nelson, labor 22 30 John Fahrenholtz, labor Ralph Jackman, labor C. H. Nelson, labor 13 20 Martin Simon, labor Herman Rapp, labor 25 70 A motion was made by alderman McDonald and seconded by alderman Pierson that the bills be allowed as read and orders drawn for same. On roll call aldermen McDonald, Jaster. Kruger, Bryant, Pierson and Meier voted yea. Nays none. Motion carried.
The City Treasurers report of Nov. 30 was read. A motion was made by alderman Meier and seconde: by alderman Bryant that said report be filed. On roll call aldermen McDonald, Jaster, Kruger, Bryant, Pierson and Meier voted yea. Nays none. Motion carried.
A plat of Buhrmans Addition to Crystal Lake was presented and read. A motion was made by alderman Pierson and seconded by alderman Kruger that said plat be accepted. On roll call alderman McDonald. Jaster, Kruger, Bryant, Pierson and Meier voted yea. Nays none. Motion carried. The following resolution was presented and read: Whereas the voters of the City of Crystal Lake, a municipal corporation of McHenry County, Illinois, elected one, Florence E. Gilbert of said city, of Crystal Lake, as. Treasurer of said City of Crystal Lake, and thereupon the said Florence
E, Gilbert gave a bond as such treasurer to the said City in the penal sum of Fifty Thousand ($50,000.00) Dollars, in pursuance to an ordinance of said City theretofore duly passed and approved, with sureties as follows: W. H. Wilbur, Lynn Richards, A. H. Hale, P. F. Rosenthal, Earl Bryant, Chas. F. Schroeder, G. D. Crabtree, F. H. Schroeder, John Pearson, W. A. Goodwin, Fred Bennett, which said bond in the penal sum of Fifty Thousand ($50,000.00) Dollars was duly signed and sealed by the said Florence E. Gilbert, Treasurer as aforesaid and sureties on the 29th day. of April, 1931 and thereafter on the 30th day of April, 1931 said bond was duly acknowleged before E. T. Huffman, a Notary Public of said County, by the said Florence E. Gilbert, as such treasurer and by the aforesaid sureties; and was on said 30th day of April, 1931 duly approved by the City Council of said City of Crystal Lake, and; Whereas at the time of the making and execution of the said bond the said City of Crystal Lake had on deposit in the United State Bank of Crystal Lake, certain funds of the said City of Crystal Lake, in the name of Helen Diekman as Treasurer of said City, which said funds consisted of general fund, Special funds, sinking funds, refunding bond funds, and sinking fund for municipal well, and that the said Florence E. Gilbert was elected as successor treasurer of said City to the said Helen Diekman and made and executed her said bond as such treasurer as successor in office to the said Helen Diekman; and thereupon the said Florence E. Gilbert as such city treasurer after having duly qualified as such treasurer under the law, took over by transfer upon the books of the said bank depository or otherwise all of the said funds of what name, nature or character soever and became as such treasurer of all of the then municipal funds of said city and that thereafter the said Florence E. Gilbert was the duly elected. qualified and acting treasurer of said City and possessed of all of the municipal funds of said City so coming into her hands or under her possession or control and thereafter as such treasurer received into her hands as such treasurer all moneys, licenses, funds or other emoluments to which said city of Crystal Lake was entitled and by force and effect of an ordinance of said city in full force and validated was required to deposit all such funds of such city in some responsible bank in the city of Crystal Lake, Illinois each day, and; Whereas on the 28th day of May, 1931 said United State Bank of Crystal Lake suspended business and was closed by the action of the Auditor of the State of Illinois, for liquidation or other purposes in accordance with the law, and that said Bank has since and all of the time remained so closed for liquidation and is now in the hands of a receiver, and Whereas, at the time said Bank so suspended business and was closed, as aforesaid, the said City of Crystal Lake, through its said City Treasurer had on deposit in said bank, the following city funds, special funds and money and property of the said City of Crystal Lake, that is to say: "General fund $11,376.56; Special Assessment Funds, derived from for local improvements in said City $52,960.41; Sinking fund for municipal well in said City $852.35, making a total of $65,189.52, and Whereas the said Florence E. Gilbert as such City Treasurer is unable to pay out and distribute or to apply the said funds in accordance with the ordinances of said city and the Statute in such case made and provided and the said city funds so on deposit cannot be used nor can the same be drawn upon by any warrants or by any action of the said City of Crystal Lake, because of the alleged insolvency of the said bank, and Whereas the said City of Crystal Lake, is about to take such action as may be authorized by law, to recover the said funds of the said city from the said Florence E. Gilbert as such treasurer and the said sureties upon her said treasurers bond and to institute such demand, notice and proceeding as may be authorized by law for such purpose and to employ and to arrange for council to help the said City of Crystal Lake in such contemplated legal proceedings and to, arrange for all such steps to be taken for the prosecution of any suit or suits as may be necessary and lawful. Now Therefore, Be it Resolved by the City Council of the said City of Crystal Lake, Illinois, Section 1. That L. D. Lowell, City Attorney of said City of Crystal Lake, be and he hereby is authorized, empowered and directed to take immediate action and steps to prepare and commence a suit in a court of competent jurisdiction of said County to enforce the liability of the said Florence E. Gilbert, as said City Treasurer, aforesaid and the said W. H. Wilbur, Lynn Richards, A. H. Hale, P. F. Rosenthal, Earl Bryant, Chas. F. Schroeder, G. D. Crabtree, F. H.
Schroeder, John Pearson, W. A. Goodwin and Fred Bennett as sureties upon her said official bond, and to recover the said municipal funds or to recover the penalty of the said bond to the extent of $50,000.00 and to prosecute any suit or action at law or in equity that may be deemed by said City Attorney. necessary for the purpose of enforcing the right of said City in relation to the said funds and the collection and the procurement thereof as he may deem necessary and proper. Section 2. That owing to the fact of the large amount involved in such prospective litigation and of the importance of such action to the City of Crystal Lake, and its citizens and the tax payers it is deemed important by the City Council that assistance be furnished the said City Attorney by the procurement of the services of William L. Piece, an attorney of Belvidere, Illinois, to assist said City Attorney in the preparation and prosecution of any suit or suits or actions that may be deemed necessary or proper for the purpose of enforcing the liability of the said City Treasurer and her bondsmen upon her said official bond, and we do hereby authorize and empower the said City Attorney to arrange with the said William L. Pierce to assist him in the said proposed litigation to the extent that our said City Attorney may deem necessary, important or wise. Section 3. The said City Attorney is authorized, empowered and directed to prepare said suit or suits, or action in the name of the City of Crystal Lake, Illinois, a municipal corporation against any person or persons who may be necessary or proper parties defendant to any such suit or action. Be it further resolved that a copy of this resolution be furnished to the said City Attorney, and this resolution be spread upon the records of this City. Upon motion of Alderman Bryant and seconded by Alderman Pierson the above and foregoing resolution was duly adopted and approved this 1st day of December, A. D. 1931. On roll call aldermen McDonald, Jaster, Kruger, Bryant, Pierson and Meier voted yea. Nays none. A motion was made by alderman Meier and seconded by alderman Pierson to adjourn. Carried. John A. Peterson, Mayor E. H. Woodbury, City Clerk