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Council Proceedings

Council Proceedings image Council Proceedings image
Parent Issue
Day
11
Month
May
Year
1894
Copyright
Public Domain
OCR Text

UODNCI1 ( ANN ARBOR, Muy 7. ll-'M. ', Regular session. The council was callee! to order by Président Wines. lloll called. Full board present. The journal of the last two sessions was approved. COMMUNICATIONS KROM THE MAYOR. To the Honorable, the Common Couucil : I have appointed, subject to y9ur approval, the followiuR city oflicers: City Attorney. Thomas A. Bogle; City Treaeurer, George H. Pond; City Marshal, Parris S. Banfleld; Memberof Board of Public Works, Albert M. Clark; Member of Board of Pire Commissiouers, Michael Grossman; Memberg of Board of Health, Henry B. Dodsley. Eli W. Moore; Pntrolmen, David Collins, Reuben Armbruster. C. G. Daki.ing, Mayor. Ald.Prettyman moved that theappointments i of the Mayor be received and confirmed in a body. Adopted as follows : Yeas-Alds. Wagner, Bodmer, Martin. Allmendiuger, Wood, Suyder, Fergusou, Browu, Manly, Kitsou, rrcttyman.Pres. Wines, li. Nays - None. l'RESKXTATION OF I'ETITIOJJS. Of John Ililler and thirty-eight others asking the couneil to lay out and establish a public street, four rods in width, on the lines of Seventh street, from Madison street projecting southerly to a point due west of the center line of West street. Keferred to committe on streets. Of George H. Hozlewood and others asking that Toble C. Tice be retained on the pólice forcé and assigned to duty on State street. Keferred to committee on pólice. Of Charles W. Dosey and others asking that a sidewalk be ordered built on the west side of Fourth avenue, between Packard and Madison streets. Referred to committee on sidewalks Of Alvin Wilsey and others asking that Wm, Eldert be appointed patrolman and be assigned to duty on State st.rppf,. Keferred to committee on pólice. Of Mrs. Byron Cheever and others askiiif; that an electric light be located on Thompson street between Jefferson and Packard streets. Keferred to committee on lighting. Of Thomas J. Keech and others asking that an electric light be located at the intersection of Fift-h avenue and Summit street. Keferred to committee on lighting. A comniunication from William K. Childs, lst ward census enumerator, asking that one assistant census enumerator be appointed for the lst ward of the city of Ann Arbor. Keceived and filed. Aid. Wagner appointed Miss Marie E. Bruegel, assistant enumerator for the lst ward. Aid. Manly moved that the appointment made be confirmed. Ailopted. A communieation from the school board of the city of Ann Arbor, asking that Martin Clark be appointed policeman without expense to the city and assigned to duty as truant officer. Aid. Manly moved that the request asked for by the School Board be granted, and the Mayor is hereby authorized to nomiuate Martin Clark or some other suitable person to the regular pólice forcé, subject to the approval of the Council. Adopted. Tl ie following bids were received and read by the Clerk, for the city's riioney: The Ann Arbor Savings Bank will pay interest on daily balances at the rate of 4 52-100 per cent, and charge five per cent on overdrafts. The Farmers' and Mechanics' Bank will pay interest on daily balances at the rate of 4 12-100 per cent, and charge the same rate on overdrafts. The State Savings Bank will pay interest on daily balances at the rate of 4 per cent, and charge 6 per cent on overdrafts. Aid. Wood moved that the bid of of the Ann Arbor Savings Bank be accepted and said bank file the necessary bond of $80,000. Adopted as follows: Yeas - Aid. Wagner, Bodmer, Martin, Allmendinger, Snyder, Ferguson, Brown, Manly, Taylor, Kitson, Prettyman, Wood, Tres. Wines- 13. Nays - None. REPORTS OF STANDING COJIJIITTEES. F1NANCE. To tlie Common Uouncil: Y our Committee on Finance respecti'ully report that they have had the following bilis under consideration and recommend their allowance at sums stated: CONTINGENT FÜND. W. .). Miller, 1 month's salary 8 ti m E, B. Norris. " " 25 00 P. O'Hearn, " " 83 84 Geo. II. Pond, " " 8 y: Marvin Havenport, janitor salary - (36 Dr.John Kapp, 3 nio's salary B. of H.. 37 50 Eli V. Moore,6 mos salary B. oí II... 25 00 Martin Cliirk, 3 month's salary 25 uu Dr. E. A. Clark, 3 nio's sal. city physician 25 00 Clay A. Greene. rent ., 9 17 Schairer & Milieu, supplies 83 Moore & Wetmore " 4 78 Bailey & Dow, lock and keys 4 90 Estáte of Rice A. Beal, supplies 8 75 Telephone & Telegraph Construct-ion Co., 3 mo's rental of 7 telephones 43 75 Frederick Schleede, binding council proeeedings 10 50 Schuh & Mueiilig, wire clotli (th ward cngine house 10 50 Marie Durheiin, typewriting ïor city attorney - 8 50 f'. C. Haten, 0 awinfre 29 00 P. O'Hearo, postage Btamps 1 00 Schuh & Muoliliu', supplies 1 25 Wm, l'ickett, two cats 50 W. J. .Millur, supplies 3 40 Louis Rohde, coal, etc 29 Jü Ann Arbor Thomson-Houston Electric Co., et. lighting for month of April . . 535 25 Michael Staebler, coal 13 00 ('lias. Winkle, putting up elec. lxxiths, 1 Uó Willis Clark, 5 87 frank Sutherland, " " 4 50 Robert Leonard, " " " " 2 40 Gus. Walters, labor on water hydrant, 3 00 Total $1,040 89 CBMETEBY FÜND. M. Lueppold. labor $ 5 25 EliS. Manly, labor - 5 25 John McAurther, labor 3 00 Total Í 13 50 SEWER FÜND. Ann Arbor Bavlngs Bank. accounts asBlgned thein is follows: Charles GUsser, lalior Í 10 35 Harry O'Grady, " lts 35 Charles Wlnkle, " 34 50 Víctor Strong. " 9 22 Barnhardt Langer," 7 05 Joseph Kirby, " 1 .",u Mlcbael Williams, labor 3 00 Mlcbael Preskoru, " 6 00 Albert Sohwemann, labor iu 50 Robert Leouard, labor 7 85 Julius Ni'i!. " _ l 50 Michael Kenny, " - - 4 05 Chas. Uolftrove, " 7 50 Gustave walters, " 3125 Frank Senulz, ' 5 85 Barney Morrison, " 7 ■': Vm. Ilarron, " 9 (10 Barry Bragheri, " 1 13 8. E Pike, ' 2 97 Aug. Molkenthlne, ' 150 Charles Walker, " 142 Williiim Bird. " 2 25 George Masoo, " . H 25 Uilliam NJiley, " 3 00 Godfried Sohon. " 150 Patrick McCabe, " 9 75 Frederick Kadke, " 7 tij Joseph G lasser, " 9 W JohnHolk, ' 3 75 FredUlrich, " 5 25 John Cairns, " 150 John Schater, " 150 vjichaei Weloh, " ... 7 50 Michael Kenny, " 4 50 ( harli b Sodfrey, " 10 4,5 Düw & Builey, " 8 Uü Total amount due Tlie Aun Arbor Sav Bank... S 2ö4 7 Í 204 T8 St;ue SavlngsBank, account ned i liem as follows; Charles Walker, labor $ 3 15 Peter Peterson, " w lary Whitley, " 3 45 Godirey Schuon, " 7"i Hariit-y Langer, " 75 Frank Hogan, , " 6 59 Total $ 15 29 $ 15 29 Farmer c Mechanlc's Bank, accounts aesigned them as follows: S. K. Pike. labor ï 3 60 Michael Welch, " ü lp John Krumrie, " 4 05 Lawrence Hughes, " 22 lp5 Michael Preskorn, " 12 60 Au;, liolkenthine, " 1 35 Frank Schultz, " 3 75 Charles Glaser, " 7 80 James Wilcox, " 3 00 william Wheeler, " 10 00 William Kuehn, " 3 OU Total --- $ 73 90 % 73 ÍK) John Schatter labor,assign J.E.Harkins, ïl K) Frank Sutherland, labor 15 90 Fred Ulrich, labor "5 Jobn Holk, labor 1 50 Patrick McCabe, labor 4 50 Lawrence Hughes, labor 3 00 Chris. Jetter, labor 3 15 Barney Morrison, labor 2 25 Albert Cooh, labor, assign W. J.Miller 3 45 William Enkemann, labor 150 Hobert Leonard, labor 75 Frederick Kadke, labor 1 5!) Thomas Hannon, team labor 3 00 C. Eberbach, rope 3 25 Luick Brothers, supplies 2 05 Geo. Miller & Son, lenfcthenins out Fiitz pump - 4 75 Total - $407 67 STREET FUND. Ann Arbor Savings Bank, accounts assigned them as follows: John A. Robinson, snow plowins $ 1 50 Barney Langer, labor 12 15 John Schalf er, labor 4 20 Total 17 17 8 Farmers' & Mechantes' Baak, accounts assigned them as follows: Jacob Moesle. 1 50 Mathew cnnerley 6 40 P. 1). Eogera 9 00 John Schatter 5 25 Total 22 15- 22 15 J. ürake, labor assigned to J, Goetz & rion 3 45 Ellas Saddler, labor assigned to Maun Bros - 13 25 Charles Walker, labor assigned to Stickelmair& Co.... 10 20 Charles Glaseer, labor assigntd to O'Harra&Boyle 4 50 John Mcllugh, teaming assigned .to N. Sutherland 4 50 Hobert Leonard, labor assigned to N. sutherland - 1 50 Elias Saddler, teamiug assigned to N. Sutherland 10 50 Mieliael tierey, teaming assignea to iN. Sutherland 3 00 Michael Kenny, labor 150 Albert Glassnapp, labor 1 50 Gottf ried Sebuon, labor 3 Oo Patrick McCube, labor -... 1 50 Michaol Williams, labor 12 00 Víctor Strong, labor - - '2 25 Lawrenoe Üughs, labor 1 50 Cbris. J etter, labor 1 50 Charles u inkle, labor 3 00 Albert Schwoeman, labor - 1 50 Joseph Kiruy, labor - - 1 "u Wm. H. Kiehmond, labor 50 Gustav Waltere, labor 32 75 Frank Sutherland, helpiug enginoer.. 21 60 Willis Clark, labor 36 1)2 Zenua Sweet, team labor 4 50 Kicbard Uurns, team labor 13 50 Daniel Crawíord, labor - 18 00 Abraham Beek, team labor 30 X Michael Kusterer, team labor 6 00 Thomas Hannon. team labor.. 12 00 Abraham Voorhees, team labor 21 00 Geo. D. Stevens, team labor 3 00 William Wheeler, team labor 5 25 Hutzel & Co., supples B 00 Michael Kenny, labor assigned to Willis Clark 4 50 K. J. Rokers, seed 45 Mary Durheim, typewrititg Street Commissione'r report 50 Gaspar Kinsey, salt 100 John Almand, lli trees 9 60 Christian Frank, handlelfor scraper.. 1 00 Eselinger Bros.,blacksmithing 13 10 T.;L. Hewett, 7irods walk 6 10 Nelson Sutherland, salary 6B 66 Geoige F. Key, salary 60 OU Total ï 474 5S BRIDGE, CULVERT AND CROSSWALK FÜND. Michael Kusterer.team labor assigned to A. A. Savings Bank 15 00 Farmers' & Aleuhanics' Bank, accounts assigned them as follows: Jesse L. Smith, 6now plowing i 50 Christian Latinee, labor 5 25 Total 9 75 il 75 Samuel Smith, labor assigne to Edward Duffy 1 00 Michael Herey. teamin assigned to N. Sutherland - 12 00 Elias Sadler, teaming assigned to Mann Bros 13 50 Gustav Walter.s, labor 3 00 Fredrick Hadke, labor ti 75 Harry Bragheri, labor. 4 20 William Enkemann, labor S 75 Antonütto, labor 3 00 MIohael Preskorn, labor 7 50 Joe Hutzel, labor 15 38 Fred Ulrlch, labor 18 38 Wm. Darrow, labor 9 38 Charles Winkle, labor 12 00 Chris. Jetter, labor :! 75 Victor Strong, labor 5 70 Jlirhael Williams, labor líl 50 Patrick McCabe, labor Ui 50 Barney Langer, labor 5 25 Godfried ochuon, labor 9 00 Albert Gliissenapp, labor 8 25 Charles Glaser, labor 10 50 John Holle, labor :j 00 Christian Larmee, labor J 00 Frank Schultz, labor !) 70 Wm . Stoll, team labor 5 70 IiQbert Stoll, labor 1 35 .i. Drake labor 1 i 15 Albert Cook, labor 26 00 S. K. l'lke, labor 3 00 Wm Kuonn, labor e 63 tóichael Kfimy, labor :j 75 Gyo. 1). Stevens, team labor 9 00 Kiohard Burns team labor 1] 60 Thomas Hannon, team labor 24 üO Michael Kusterer, team labor w o Daniel Crawford, team labor :7 50 William Wheeler, horee and cart 46 12 Martin Nat-ie, teaming 450 George Schlimmer, snow plowing 1 50 Bennett French, snow plowing 1 50 Julius Weinberg:, snow plowing 1 50 Geo. Walker, repairing tar Crossing.. 150 Edward Pardune, sana 45 Geo. Sweet, 5 bbs Portlant cement 15 75 Louis Khode, bbs Portlant cement 15 75 Edward Byeraft, sand 3 00 Luicte Bros., lumber 2ö 16 Schub & Muthlig, supplies 16 'M John Baumgardner, stone slabs 52 87 Total 8 682 88 FIRE DEPARTMENT FÜND, Fred Sipley, salary i go 00 C. A. Edwards, salary 50 00 Henry Mcl-aren, salary 50 00 Louis Hoelzle, salary 50 nti Max Wittllnger, salary 5fi 00 Aibert West, salary 45 00 Horman Kim, salary 40 00 Eugene Wüllams, salary 4' oo John Kcnny, emary 8 00 Samuel McLaren, salary, two months, 8 00 Wm. Rettich, salary 8 00 Edward Ruelzle, Balar; 8 Olí William L. Schnierle, sal;iry . 8 00 Mrs. 3. IleaiD, wastamg S 01 schuh & Muehlijt, BuppUes 6 6(: G. II. Kei ley, middlings r SS Ferguson (art and Carriage Co., oue -et wheels 40 00 Total $ 484 25 pólice fitni. ('liarles Wheeler, salary 65 00 David Collins, salary ._ 50 00 Noble C. Tice, Balary 50 00 Wiilla-m G. Show, use oí hack l 00 Total $ iö6 00 HOOR FÜND. Fred Sipley, salary $ 10 00 W. H. WUBon.aWi cords basswood 41 97 Fred Sipley, freignt on wood 18 00 Doty & Fefner, shoes.. a 75 Edward Duffy, procedes ."1 66 John Eisele, groceries 10 8 Kberbaeh Drujr Co., mediciic 1 (iO Mrs. Ano Evans, aid 5 01 Joon Goetz Jr , groceries . 4 4" John Goetz & Pon. groceries , li L. Gruner, shoes .. 5 76 William F, Lodholz, groceries 17 iii O.M. Martin, colli n ,. lu 00 William H. Mclntyre, irroceriee 15 34 Ü'Hara & Boy Ie, groceries 10 76 lïmsey -Sc Seabolt, groceries J7 21 Caspar Rinsey, groceries lu 4fl Louis Kobde. coal - 7 60 Geo Spathelf, meat 86 G. W. Snow, hack to eourity house 1 on W. F. átimson, groceries 15 41 C. w. Vogel, meat 2 64 Wahr&Miller, shoes 4 00 C. Zirn, meat 1 61 Total $ 225 88 KECAPITULAT1ON. Contingent Fund f1,04!) 89 Sewer Fund 407 67 Street Fund 474 58 Bridge, Culvert and Crosswalk Fund. 592 f8 Fire Fund 484 25 Poliee Fund 16c 00 Foor Fund 825 88 Cemetery fund jj 50 Total $ 3,:J84 65 Kespectfuüy snbmitted, Frank Wood, C. H. Manly, A. J. Kitson. Fiuauce Committee. Accepted, and .recommendation coneurred in as follows : Yeas - Aids. Wagner, Bodmer, Martin, Allmendinger, Snyder, Ferguson, I'.iown, Manly, Taylor, Kitson, Prettyman, Wood, Pres. Wines- 13. Nays - Xone. The Finance Conimittee submitted the following report: Ann Arbor, Mieh., May 7, 1S94. To the Finance Committee of the Common Council of the City of Ann Arbor: The undersigned begs leave to report that he has examined the books and vouchers of the City Treasurer and the books of the City Clerk, and find that the same are correct. An examination of the interest account of the Ann Arbor Savings Bank with the City Treasurer shows that for each montL. except February interest bas been calculated at thirty days per month, wliile for February interest has been calculated for twenty-eight days. This change in method of calculation reduces the amount of interest which should be credited the city by $11.84, There appears to be a discrepaney of $17.58 in the penalty charged for nonpayment of city taxes in July; this is accounted for by the fact that the assessor, under advice of the City Attorney, extended the penalty on even dollars only. All of which is respectf ully submitted. Jno. R. Minbr. On motion the report was recommitted to the Finance Committee. The Finance Committee recommended the allowance of Jolm E. Minei's bill of $25.00 forexaminingTreasurer's and City Clerk's books. Accepted and recommendation concurred in as follows: Yeas - Aid. Wagner, Bodmer, Martin, Allmeiulinger, Snyder, Ferguson, Brown, Manly, Taylor, Kitson, Prettyman, Wood, Pres. Wines- 13. Xays- None. ORDINANCB. Aid. Prettyman, leave having been granted, introduced an ordinance entitled "An Ordinance Eelative to Sewers," providing for the construction of lateral and connecting sevvers in the city of Ann Arbor. Aid. Brown moved that the rules be suspended and the ordinance be given its second reading by sections. Adopted. The second reading by sections of "An Ordinance Relative to Sevvers, Providing for the Construction of Lateral and Connecting Sewers in the City oí Ann Arbor." Aid. Prettyman, leave having been granted, introduced "An Ordinanee Relative to Disorderly Conduct, Forbidding and Prohibiting Young Children from being and going upon the Streets Unattended in the Night Time." Which was read the first time by its title and referred to the Committee on Ordinances. Aid. Prettyman, leave having been granted, introduced "An Ordinance Kelative to Street Sprinkling,'" which was read the lirst time by its title, and referred to the Committee on Ordinances. Aid. Prettyman, leave having been granted, introduced "An Ordinance Relative to Lawn Extensions in the Streets." Which was read the ürst time by its title and referred to the Committee on Ordinances. FROM THE STREET COMMITTEE. To the Common Uouucil : Your Committee on Streets to whom was referred the communication from thu Board of Public Works, asking for an appropriation of $350 for the veplanking of the viaduct over the Michigan Central Ilailroad Company's tracks, on Beakes street, would report that we have had the matter under consideration, nnd have asked the City Attorney for a written opinión as per contract on the matter. We therefore attaeh his report to this report for your consideration. Ki pectfully submitted, Christian Martin, H. G. Prettyman, Frank Wood, P. L. Bodmer, A. P. Í'EBGL'SON. Street Committee. Ann Arhor, Mich., May 7, 1894. To the Honorable Street Committee: a ntUmt'ii, - In reply to your inquiry for informatiou relative to whom and where the legal duty rests to keep and maintaiu in repair the bridge ou Detroit street, over and cros6ing the Michifim Central Ralhvav Company'a tracks and right of wy, I have to say, that wbüe the qufistion BOt iree from doubt. I ■ivinced that sucli duty resta upou the Michigan Central Rat'.road Company. ihould be founU that t ain mistaken as 'to any of tlio esseutial aud controllmg facts stated hereiu, I shall bc glad to furthei idvlse ,nn when oorrectèd. ' i uní advised that Detroit street or ahighway at tne sume place, hayiug auother name, avhs laid out, traveled and well aud fully established at a time prior to the constructiou of the railway over aud through the same. 1 1 was the law at the time wneu this railroad ivas coustructed, aud it is the law uow, that ever auy railroad is coustructed through and over any street or highway, the railroad rom]ftuy is Uurdened with the duty to build ;nni construct a suitable road crossiug thereat, Sneluding all approaehes thereto, and to maintain the saine in reasonably good repair for all time or so loug as the railway shall be operated over aud through the siinir. It was lawful when this railroad was constructed, and it is lawful now. for auy railroad companv to construct crossiugs over and itiwigh the streets and highways at grade, or co separate the grades and build its railway "nidtr the street or to build the street over lts roadbed and right of way. aud it 3 plaiu to me tliat wliichever the railway company ■hooses to do and whatever it shall or maf do, it is nevertheless but the coustruction by the railway company of a atreet, highway or road crossiug ouly. The foregoing is hut a short and nnperfpct mout of the Coraraon Law llablllty of a railway oompany, in lts relation to the public when in the construction of its railwivy over or through street or highway: whlch liability uaa uianv times been aDipliñed and partlculai'ized bv statutcs and posaibly souiewhat euarged Imtncver to my Knoffledgedlmluiahed. njay be ü iel that thi.s solutiou of the problein, if solutiou it is. aesumes that the railway company coustructed this bridge tolely'as a street passage or Crossing, and it inay also be said that the city built this bridge for its own conveuience and for the safety and convenience of the public, or that the railway ■unipauv's duty is fully defined in relation to thia bridge by'its contractial relations with Che city. L'pon each of these questions I take ?ssue and coatend that as matter both law and fact, the railway company coustructed this bridge on its owu motiou aud for its own use and benefit; that the city has no contract or relations with the railway company whereby Ve city assumes or undertakes in anyw;ise the maintenauce ot the bridge in questiou, or which iu auy wise relieves the railway company from all or auy of its duties or obligatious iu the premises. The followiug is a short history of the building oí the bridge In question, the purpose of irs construction aud the course pursued by the railway company in briuging its . tion about : üarly in the year oí 1886, the Michigan Central Kailroad Company forraulated a project toerect a new and elabórate passenger depot at Aun Arbor and to construct various other improvements thereat, such plan embraced umong other things the construction oí this overhead crossing Ín iuestion: that on the th dav of Maren, 1K86, the raihvay compauy concluded an agreement with the city, wherei)V ín consideration of the closing of certain streeta aud the puyineut of the sum of (6.000 way of a donation or bonus to be payable wneu the outer walls ot the station house ana the foundation aud piera oí s:iid bridge weie vespectively constructed. The raihvay coinDany undeitook to construct the nevv proposed passenger depot, makc other tmprovements, reet and complete the bridge in questlon grade and construct tlie approaclies tbereto. It is true that the city some weeks afterwards, as a method of obtainiug the money to pay such promlsed bonus, caused an election by the then tax paying electors to be held aud the suni oL $5,000 to be raised by the vote of the tax pavers for the asserted purpose of coustructiñg this overhead crossing, but it 13 too plain for controversy that such election was held as a wav and meaus adopted to briug about a result theu in view, other than the building ot' the bridge in question, to-wil- aa a way and means to obtain the money to pay the promiijed donatiou or bouus, for the city In fact never did build the bridge, and at the vurv time the election was held, had the written aereement of the railroad ooinpauy to construct the saine at lts own cost and expense. h was the law then and it is the law uow that the citv cannot lawfully expeud auy such large süm oi money for auy public purpose, fxcept the work be done by contract let to the lowest responsible bidder, and furthermore, after the monev was thus obtaiued by tnis method of "whlppinst the devil around the post " every dollar of it was paid directly to he railroad company, and the railroad comïiany on the lüth day of May, 1887, preseuted fta certified bill to the Uommon Couucil whereby it made claim for the sum of $n,OUU as a bonus" oa account of the construction ot the uew passenger depot, bridge and other lmprovements and thereafter receipted for the same expressly as bonus. . ,.„ , ._ From all which I believe I am justitieel in . ïnferriug that as a matter ot' fact the railroad -ompany built and coustructed the bridge on ïts owu account, with lts owu inoney and tor its owu use. benefit and purpose, and that Uie bridge is nothing more nor less than a crossing ior Lietroit street over the Michigan Central Railway Company's tracks aud rigiit of way. and that as a matter of law. the railroad comnany is in duty bouud to keep aud maintain lts said crossiug in good order and repair. The followiUK authorities support in a greater or less degree these contentions : 1 Maltby vs. The Chicago aud V. Mich. Ry. Co., 62 Mich , IOS. 2 The People vs. Chicago & A, K. K. Co., 67 111., 118. „ „ 3 Oliver vs. Xortheastern Ky. Co., L. R. 9, O B 409. 1 Paducah, Elizabeth Town R. R. Co.. B. S. Commonwealth 5 lOth A. M. & Eng. R. R. Cas. 31S. tí Mauly vs. St. Helens. C. & Ry. Co.,2d I-T v; N 840 7 Chicago R. I. 'i P. R. R. vs. Mofli.tt 75 111., S Cooke vs. Boston & L. R. R., 133 Mass., 9 White vs. Iuhabitauts of Qulucy, 97 Mass., 430. 10 Gülett vs. W. R. R. Corp. 8, Allen. 560. I advise the committee as follows. that you do inspect the bridge aud crossing and ït you find the same is now in need of repair vou do report to the Council and recommend that the Couneil bv resolution cali the attentiou of the Michiganï'eutral railroad company to the unsafe conditiou oi its overhead crossiug. aud n the compauv decline or neglect to make suitable repair thereto, theu that the Council do ■all the attentiou of the Railroad Commiasioner to the Company's neglect and detault and ask the Railroad Commissioner to make au order requiring the Railroad Compauv to perform and discharge its duty to the public in the premises. Respectfully yours, E. B. NOBKIS, City Atty. On motion of Aid. Manly the report was accepted and adopted and ordered printed. FKOM THE SIDEWAT.K COMMITTBK. To tiie Common Councit: Your Comniittee on Sidewalks would report that there being a necessity for the grading and construction of sidewalks where stated, your comniittee caused to be prepared and herewitu submit the proper resolution ordermg the same, and recommend that it be adopted. Eespectfully submitted. C. H. Manly, Arthur J. Kitson, H. J. Bküw.v, Sidewalk Committee. Accepted and leave being granted, the following resolutions were offered. By Aldermau Manly: Resolved, That the grading and construction of the sidewalks heremafter mentioned is deeined and declared a necessary public improvement, There (ore, It is hereby ordered that plank sidewalks be graded, built and eonstructed on and along the tollowing streets and in front of the following property in the city of Ann Arbor, viz: On Mary street along the east side in front of the property of John A . Sheehan. On South Fourth avenue along the west side in front ot the property of Dr. James C. Wood. On Packard street along the south side in front of the property of the Richardson estáte. On East Huron street along the south side f rom Ingalls to Thirteenth street, on Fuller street along the south side in front of the property ot Jlarvey Cornwell. On Br'oadway along the north side, .' from Henry Weefs property to the property of Mr. Thomas lïotchiiis' estáte, saii; walk to be i'our feet inwidth. On East Aim street along soutli side i in front of the property of Mrs. Tiuiothy Keating and Citarles R. Whitman. On Gott street along the east side frorn Miller avenue to Suuimit street. On Gott street along the west side from Geo. Clark's land to Miller avenue. On Fourth avenue along the west side in front of the property of W. G. Dieterle. That all such sidewalks be graded, built and constructed in the marnier, within the time and of the material prescribed by the provisión of an ordinance entitled au "Ordinance Kelative to Sidewalks," and the grade to be established. Accepted and Adopted. FROM THE SAME. To ffu Ccmtnon Council: Tour Coinmitteeon Sidewalks woulá report t'nat after a careful examination of the premises of VV. G. Dieterle, in refereuce to sidewalk on the north side of his property, on Liberty street would recommend that said Dieterle be granted pefmission to lay a stone or cement walk six feet in width along said street. Provided, that he the said W. G. Dieterle or his grantees will extend the same to 1 1 feet in width, whenever the said property is to be used for store purposes, without further notice. The petition of James W. Robison which was referred to your committee, at our late ceuncil meeting, asking permission to build a plank driveway in front of livery barn on Fourth avenue, your committee would reeommend that the prayer of the petitioner be granted. Eespectfully submitted. Akthüh J. Kitson, C, II. Maütly, H. J. Buowx. Sidewalk Committee. Aecepted and reeommendation concurred in. FBOM THE FIKE ÖBPAKTMENT COMMITTEE. To the Common Council of the city of Ann Arbor. Youv cominittee to whom was referred the matter of repairiog the Hoor of the Sixth ward entine house, respectfully recommend that the appropriation of $75.00 asked for be grantecl, and that the board of public works be ordered to have a two-inch hardwood tloor laid in said engine house. Respectfully submitted, C W. Wagner, H. G. Pketïyman, D. F. Allmendinger. Committee on Fire Dep't. Aid. Martin moved to amend the report by striking out $75.00 and inserting $85.00. Accepted and adopted. The original report as amended was adopted as follows: Yeas- Aid. Wagner, Bodmer, Martin, Allmendinger, Snyder, Ferguson, Brown. Manly, Taylor, Kitson, Prettyman, Pres. Wines- 12. Nays- Aid. Wood- 1. REPORTS FROJI SPECIAL COMMITIBBS. To the Common Council: Your special committee to whom was ref erred the Mayor's annual message for división and reference, beg leave to report that so much of the message as refers to street railway, the closing of saloons, the extensión of the lawns to the curbstone, the unequal representaron of the people by the wards, and the matter of smal children playing about our streets should be referrêd to the Ordinance Cnmmittee. That so much as refer to streets and paving be reterred to the Street Committee. That so much as refers to lighting be referred to the Lighting Committee. Tliat so much as refers to sidewalks be referred to the Sidewalk Committee. That so much as refers to sewers be referred tothe Sewer Committee. That so much as referís to water supply be referred tothe Water Committee. All of vvhich is respectf ully submitted, II. G. Prettyman, W. L. Tayloe, Fraxk Wood, Committee. Accepted and reconimendation concurred in. To the Common Coimciï: Gentlemen: Your committee to wliom was referred the matter of ascertaiuing the eost of a three seated spring wagon for the use of committees, &c, would report that they have had the same under consideration and would recommend that $100 be appropriated from the Contingent Fund for a wagon to be made by the Fergusou Cart & Garriage Company, as cut subuiitted by said company. Respectfully submitted, Frank Wood, A. P. Ferguson, C. H. Manly, (jornmittee. Onmotionof Aid. Wagner the reportwas recommittecl and comrnittee directed to ask for bids on said wagon from all local dealers and submit them to this Council. KEPORTS OF CITY OFFICERS. The monthly reports of the city clerk, citv treasurer, poor superintendent and marshal were read and ordered filed. Poor Superintendent Sipley reported he ïollowing expenditures durmg the n.onth of April: lst ward, $17.90 ; 2nd ward, $17.87; 3rd ward, $t6 04 ; 4th ward, $65:4ö ; Stb ward, $69.60 ; 6th ward, $5.15.' ' Chief of Pólice Wheeler reported eight resta during the mouth of April as Eollows: drunk, 4; violating city ordinances, 4. To the Honorable Common Council: In aecor'l neewith the réquest made by the imro iltee, I submit the acoompauyinf? dniriMOfSe proposed extenslons to the Sww Fofintoln atreet. Therequired aimensio.Ls are nuukeil and the scale is also glIeuberal estímate wpuld be, I think,$i30 forinasoi VvnndïlS for f ome gradlng ov till Í g So tl at au appropriation of $175 would be sufflolent to put the work In proper shape Kespectfully subraitted, LtÜíU. r . is-iij i . City Eugineer ANN Arbok, Mich., May 7th 1891 TItU1eereCbOvmeFLvCi;atit1he pressure of water ou gifage at Engine House, with the exoeption jf the time durtns? whioh the re belng lushed, bag QOt beeu tesa than BS lbs. siui-e the date of lust ïvport. red Sipley. Chief Fire Dept. Recelved and flled. DITY TREASITRER'S KEPORT FOR TUK MONTIi ENDING APRIL 30, 1894. 2 the Common C'owicil of the City of Ann Arbor: Balance on band as per last report - K0.988 16 MOSEY RECEIVED. Contingent Fund- Liriuor tax, Co.. Treas... $103.13 V. J. Miller, license 15.00 Pólice Fund- Wheeler, fees ... 150 Fire Fund - Sipley, old iron. . 2.00 Cemetery Fuod- Manly 10.00 Street Fund- Sidewalk tax collect, Co. Treas.. 25.00 Delinquent Tax Fund- Co. Treas. tax col 149.09 Contingent Fund- Interest on 17.21 Tol al 8SS.S6 323- 26,311.50 MOSEY DISBURSKD. Contingent Fund $1,8.-'U I BtreetFund gW-IM Fn-euien's Fund "'",?? Pólice Fund ls2-l? Poor Fuud 269.81 Sewer Fund 228.6i Bridie.CuIvertand Crosswalk Fund... 1"V('Soldiers' Uolief Fund 20.00 T' s'zmv $17,66(5 Ki BALANXE ON HAXD. Contingent Fund. overdrawn $ 300 So Street Fund 43664 Firemen'sFimd 2,766.84 Pólice Fund 1,363.57 PoorFund 150.18 Water Fund..- 2,608,40 Cemetery Fund 284.2; Soldiers' RelieiFund. 1,243. Hö Uuiversity Hospital Aid Bond Fund S40.00 Delinquent Tax Fund 144..59 SewerFund 2,066.43 Uridfre, Oulvert and Crosswalk 6,251.40 Dog Tax Fund 100.00 Total m'mvi Ui'2 17,666.63 Total Treaiurer's Balance $17,666 63 Geo. H. Pond, CityTreasurer. Ann Arbor, May lst, 18P4. Ann Arbor Savinss Bank, I Ann Arbor, Mich., May 7.18U4. f To tlie Common Counctl of the City of Ann Arbor: Deir Sihs-TMs will certify that Geo. H. Pond has on dcposit to nis credit as City Treasurer, tao sum of Seventeen Thousand, Ste lundred and Nine'y-two and 16-lw Dollars, )l7,692.1o). Yours truly, CHAS. E. HISCOCK, Cashler. MOTIONS AND RESOLUTIONS. By Aid. Taylor: Resolved, That Dr. E. A. Clark be and is liereby appointed to the office of City Physician for the ensuing year, at a salary of one huudred dollars. Aid. Prettyman moved as a substitute that we hear nominations of candidates for the office of City Physician. Aceepted and adopted. The f ollovving nominations fov the office of City Physician were made: Dr. E. A. Clark and Dr. W. F. Breakey. Aid Manly moved that the Clerk cali the roll and each Aldermau answer to to nis choice. Aceepted and adopted. Aid. Martin moved that the Clerk cali the roll by beginning with the 6th ward first. Aceepted and adopted. The following members voted for Dr. W. F. Breakey: Pres. Wines, Aid. Prettyman, Kitson, Wood, Allmendinger, Bodmer, Wagner.- 7. The following Aldermen voted for Dr. E. A. Clark, Aid. Taylor, Manly, Brown, -t erguson, snyuei, jyianui,- oBy Aid. Taylor: Kesolved, That the matter of opening a street f rom Broadway to Mili St. at a point nearly opposite the Boulevard, be referred to the Street Committee with instructions to report at the next regular meeting. Accepted and adopted. By Aid. Prettyman: Eesolved, That the salaries of the city offlcers be flxed as following for thé coming year: CityClerk $800 ' ' Attorney 300 " Treasurer 100 " Marshal. 780 " Patrolman 600 " Assessor 1,000 " Physician 100 The same to be payable monthly. Adopted as follows: Yeas- Aid. Wagner, Bodmer, Mar:in, Allmendinger, Wood, Snyder, Ferzuson, Brown, Manly, Taylor, Kitson, l'rettyman, Pres. Wines.- 13. Nays- None. By Aid. Wood: Resolved, That the Board of Public Works be instructed to advertise for and receive bids for the extensión and epair of the culvert on Fountain St, and report at the next regular meetng. Accepted and adopted. By Aid. Ferguson: Resolved, That the siim of $150 be appropriated frorn the Bridge, Culvert and Crosswalk Fund, for the construcción of two cement crossings on and along the east and west sides of North Fifth Avenue crossing Detroit street. Referred to the Committee ou Sidewalks. By Aid. Wagner: Resolved, That the sum of $30 be and is hereby appropriated from the Bridge, Culvert and Crosswalk Fund for the building of a cement crosswalk on the east side of Fourth Avenue, crossing Fackard street. Referred to the Committee on Sidewalks. By Aid. Wagner: Resolved, That the sum of S100 be and is hereby appropriated from the Bridge, Culvert and Crosswalk Fund, for the building of a cement crosswalk on the north side of Washington street across Main street. Referred to the Committee on Sidewalks. i By Aid. Wagner: I Resolved, That the sum of 890 be and is hereby appropriated from the Bridge, Culvert and Cross walk Fund lor the building of two cement l walks, on the east side of Main street, ' crossing VVilliaui street, and on the north side of Williain street, crossing i Main street. Referred to the Coinmittee on i walks. B.v Aid. Prettynian: ; Resolved, That a telephone for lire nirposes be placed in the School of Vlusic, the same to be without expense to the city. Accepted and adopted. By Aid. Ferguson: Resolved, That $50 be appropriated :rom the Street Fund to grade and widen Fuller street at the junction of Carey and State streets. Referred to the Committee on Streets. By Aid. Fergnson: Resolved, That the City Engineer give the proper grade for sidewalk on south side of Summit street from Deakes to Detroit streets. Referred to Board of Public Works. By Aid. Brown: Resolved, That the owners of the property abutting on the alley between Detroit street and N. Fiftta Ave., running south from Catherine street be ordèredto have the same paved with stone, under the supervisión of the Board of Public Works. Referred to the Board of Public "Works. By Alderman Brown: Resolved, That the sum of one hundred dollars be appropriated from the street fund for the purpose of grading North 13th street, and repairing the crossing at the foot of said atreet. Referred to the committee on strpp.ts. By Alderman Wood: Resolved, That the sum of fifty dollars be appropriated from the Contingent Fund, and an order drawn thereon in favor of John F. Lawrence, attorney for the city of Aun Arbor, for the purpose of subpoenaing witnesses in the case of Florence Stnith vs. tlie city of Ann Arbor. Adopted as follows: Yeas- Aid. Wagner, Bodmer, Martin, Allmendinger, Wood. Snyder, Ferguson, Brown, Manly, Taylor, Kitsoa, Frettyman, Fres. Wines- 13. Nays- None. By Alderman Martin: Resolved, That the City Clerk is hereby directed to at once notify the Michigan Central Railway Compauy, to repair and make safe for public travel railroad ciossing on Broadway and Detroit street. Accepted and adopted. By Alderman Prettyman: Eesolved, That the sidewalk committee be instructed to examine and report on the sidewalk grade on the south side of Volland street. Beferred to the committee on sidewalks. By Alderman Prettyman: Eesolved. That the bill of five hundred dollars ($500) of Prof. Chas. E. Greene for services as consulting engineer be allowed and warrant drawn for the same. Aid. Manly moved that the resolution be laid on the tablé. Adopted as follows: Yeas- Aid. Martin, Allmendinger Wood, Snyder, Ferguson, Manly, ïay lor. Kitson - 8. Nays- Aid. Wagner,I5odmer,Brown Prettyman, Pres. Wines- 5. On motion the Council adjourned. City Clerk.

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Ann Arbor Argus
Old News