HomeMy WebLinkAbout10-21-1952 Council Meting Minutes 42
Qr,tnh�r �� lC�'7
A rng;,,lar meeting; of the City Coli.ncil held thi^ dRy conv^nine pt tl^,P 1-�0711r
of 7:00 P.m. wit'-, 'Favor Woods -nresidin % Roll call sho,,Tpd the foll m,inM
Alderman' Sebrpo, ' laC1>n_1)ST, Mooro, Jones, S1-innor, Li''','r, FT nd, T171r', TPT'^FniYl�",
Cook, St. Clair a.n<? KloT„c}-a.r. A1°-sent: ;Tone.
Minutes of t1,p rrt vious T;,,e?tlp,r wpr^ rand and stood a.lrt,roved as read-.
Petition for re—silrfacintr of W. Pine from Ave . D tc A-fro. R; and 7th Anpnue
f om Locust to Ash St. , was on motion of Alderman St. Clair, seeoneled by Alc7c-rripn
Rlackaby, r-fprred to the Roam of Local hn-,�ro-rpmpnts.
T!P ror Woods and Attorney 1.1artin rrr-;orted on the conver.tio;, of the I1.7 innis
�' ldunicir .l LPa,�,•,P held in Snrin_�field.
CoTz minicstion from t1'!P J»nior Chambpr of Commerce tha,nlrP t11p colin.cil for
t1 eir coor_ra.tion r1iirinp the a.nnital 111Frchar,t Show.
Communication from the Sanitary Water Roard , rpCOrarjengpd a numbpr- of cor--
;j rpctions arg imrro-Tp"1,p'nt8 at the Sowa.pp nla.nt.
Communication from the Canton School District No. h6, r�c���p^t..,ed the council
take immeditn stprs to a,one t1,e nroVi .ity of the spar TTig1t Sc1�.00l. "'lle matter
wa.s rpferred to t'ie Legal anra Pot ire committep to invpstipa.to ang. rpnort back,
on r otion of Alderman. ""oorp, spcnniP(7 7)y Alderman 71.o1-uchar.
Ordinance ��P117�in Insrpctor S: 1-a.rv° d�as rea' for. the first ti e , A7.derma.n
Klobnche.r moved, seconner' by Alderman St. Clair to sugrenr?_ tLe r,zles. Roll ca11
voto: A`S'E: Alderman Moore, Skinner, Lind Pr, ?rryr_O, Tin'-, TPrneninp;, Coo1r, St. Clair
z and K1o'».icha.r. "TAY: A1ep.rri;;,n SF")rpp, R1-ask 1y a,nr. Jones. The chair gpclarpd
the motion lost.
It wro nnved n;,r Alden ,r. Sebrep, secon;'erl, l,y Alderman Klob,zcha.r, t11p 1'^�ror
and City Clerk enter into contract with Dillman 1'otr�r. or a. I'I�rmouth sax for
the, police dera.rtment, with the excise a.ng salpF. tax de^ucted.. Roll call vot(,:
AY;: A1dArmsn Sebree, RlackAT)y, Yogre, Jones, Skinner, Linger, 'rind, Ti-l-,
Teroeninp, Cook, St . Clair and Klobuclhhr. 1A1'': None. The chair declarPC? the
motion c-~rried..
It bras moved. by Aldermann Aioore, seconded by AldPrmar_ K1ob»ch- r, a. resol,,tion
he >r�rared., transferr. inp- `,2500.00 from the Ga_rba d.enartment f,)n' , to the
' Road & Rrig -e Fund-, and tl-e motion carried by roll call vote linanlmoiis.
Alderman Jones, moves, seconc'od_ 1- Alderman Tioore, s,trr7us fwlds in the
pater P, Sewer accoi.Lnt , be invpstP6 in Government Rond.s, and. the motion carried
by luia.nimrnis roll. call vote.
It a+mss moved bar A1.dprman fTand, spconleA S��rpP, the transaction d e. n
of investine; Water R SPwpr f,m(ls into Government %nds, ')e tra-nsacted ~inOpr
t,hp sii-vrvislor? of the City Trp�s,arer, and the -,otie)r carried.
s
Thp following; "7710" was rpa.g.:
a
f
a
i
i
VETO
T?otice, I, W. Paul Woods, T: a;ror of the City of Canton, Illinois,
by virtue of the power in me vested, by Sec . 10, Art. 1, Chapter 1,
of the Devised Ordinances of the City of {wanton, Illinois, for the
year 1945, I do hereby veto the T',`otion of Alderman Blackaby and
seconded by Alderman Hand, at the regular session of the City Coun-
cil of the City of Canton, Illinois, held on October 7th, 1952,
reading as follows: t'It was moved by Alderman Blackaby and seconded
by Alderman Hand to pay Oaks the money he had due him with a waiver
of liquidation damages" ; and I further veto the expenditure or the
payment of any sum or sums of money passed on the motion aforesaid,
being the sum of ';x10,453.21 at this time and the sum ofp15,E319.04
payable at the expiration of thirty (30) days from October 7, A. D.
1952.
I. as Tvlayor by authority in me vested as above set forth, do
disapprove of all the sums allowed or attempted to allowed in
said Motion.
I herewith assign in writing the following; reasons for the
veto of said 1 otion:
( 1) That said Yotion was passed in a sum or amount in
excess of the amount found to be due by the compu-
tation and figures based on the contract with W.
Howard Oaks, d/b/a Oaks & Sons, as fixed and com-
puted by the Consulting Engineers, Crawford,
,Turphy G: Tilly of Springfield, Illinois, and the _
Contractor as first fixed on September 2 , A. D.
1952, and as later amended and corrected on
September 30, A. D. 1952, which found that the
Liquidated Damage should be established at the sum
of 41p2,500.00, being the amount fixed by the Con-
sulting Engineers, Crawford, Murphy & '.dilly of
Springfield, Illinois.
(2) That said T; otion as passed is contrary to the
majority report or finding of the members of the
Sewer and Water Committee of the City of Canton,
Illinois.
(3) Said 111,,Totion as allowed and passed was contrary to
the report and finding of the minority member of
the Sewer and Water Committee of the City of
Canton, Illinois, who recommended a penalty of
Liquidated Damage of ';1,000.00.
43
ti
(4) 1 further veto the Y
otion for the reason that the
Contractor, W. Howard Oaks, d/b/a Oaks C"c sons, of
3.77 ',rest Chestnut Street, Canton, Illinois, was
not penalized by '"Liquidated Dama.7es as -provided for
in the Contract .
(5) For the reason that the Contractor , V4*. 7-Toward Oaks,
d/b/a Oaks and Sons, did not complete the work "not
later than one 1,ninc_'irF_�d e_LZht (100) calendar days
d
after execution and acceptance of the contract and
contract bond, unless additional time shall be
,ranted by the City' , and in fact the Contractor
was given aoproximately ten (10 ) days time -P rior to
the beginning of tlu',ae work and :riven an additional
seven (7 ) days at the completion of the work by
recommendation of the Consultin(- En-ineers, Crawford,
.t,,urphy 3: Tilly, of Siprin-field, Illinois.
6 For the reason that the City of Canton, Illinois, has
sustained actual damages in fact, consisting of
'ilc,,25.00, vas required to pay and did pay to the
Resident En; ine-_r Carl 'vlo-leland, also the additional
cost of chemicals for the water during the delay and
the resultin- loss to the residents of the City of
Canton, Illinois, during the time allowed by the use
of highly chlorinated and treated water and additional
reasons, amon- them the City by the contract was re-
quired to pay 15/,0, for Winter Construction.
(7 ) 10or the reason that the ori,-inal contract was signed
by the City of Canton, Illinois, and the Contractor,
W. Howard Oaks, d/b/a Oaks 8-. Sons, has not been
fully met or kept on the part of the Contractor for
the reason -hat said Contractor as aforesaid made
excessive charges during the winter const.-ruction
,rhich have not been fully or finally -fixed or ne-
17
q-otiatcd, and for the reason by the action of the
Council passed on the motion referred to in the
-first Para-raph of the veto, have not been fixed,
created or established or penalized the Contractor,
W. Hoviard Oaks, d/b/a Oar-.s I- Sons, be the type of
Licuidated Dama-'es, Pas -rrovided -F'-)r in said contract
or in any other manner to the darna7e to the City, or
to the citizens and d tax payers of the City of Canton,
Illinois, the sure of at least .,,';2, 500.00.
(5) There has been reports and. rumors burinrg, the ex1-stence
of this contract of fraud, collusion and. other irreg-
ularities are beLn,7, *Lnvesti ,7ated by the under-
sl reports and if said rumors and
-ports are sustained,
the same i,,.,ill be submitted to the Sewer and a`;ater
Cot-ir.iittee of the City of �,.nton, Illinois, and the
City Council and otLier -groper officials will be duly
and properly 1ii-L-or.med.
(9 ) And for other reasons which are probably not necessary
to assign at this time.
Dated at Canton, Illinois, October A. D. 1952.
LAYOR
c1ty 07.f-ry-