Council Proceedings

i ICI l.. f.'OÜNCIL i Ann Aebok, Mlcb., Oct. i Regular session. Called to order l.y President Wines, líull called. Quorum present. Absent - Ahí. Wagner, Manly. - 2. The jourual of the last seesion wa? approved. COMMUXÍCATIOXS. FROM THE BOARD OK ITBLIC WORKS. To the Commou Councli : The Board oí Pabilo Works as directo) by i'esolutlon of yonr honorable body r September 17. ls'.ij, beg leave to enbralt the followiiii; es ti matea mudo by tbe City Kngineer. Tlieaiiiountof ciirtii to remove on E. Washington st.,along the s. sirte ofFelch Park is Mío cublo yarda and cooRlderlng tliat i lie distanoe to move I lie sume i.s short, lliat S'.iU is a snllicient approprlation tocover I lie eost of sanie, and tofili the east slde of K. Unlverslty ave., frorn Packard st. to Prospect st., to iie !7Uu cublc yards, the expense of excavatlng tbe titile rlll need an appropriatlon of :'ao. By order 01 Board of Pulilic Works. V. .!. MILLER, City Clerk. Received and filed. PKESENTATIOK OF PEÏITIONS. Of Koch k Henne and sixty others asking the Common Council to pass au ordinance for tho protection of the merchante of this city íigíunst non-resident dealers who come here trom time to timo offering their goods and wares for sale and share all tbe privileges without paying any of the expenses of the city government. Referred to couimittee on ordiu anees. A petition Bigned by Mary Collins Whiting aud 171 others of the city remonstrating against the removal of the electric light on S. ytate st., south of Packard st. Received and flled, A petition signed by John L. Ziegler aud 10 others asking that a sidewalk he ordered built on the east side of Ashley st., from Jefferson st. running south to intersect with walk already built. Referred to committee on sidewalks. A petition signed by James L. Babcock and 16 otliers asking that an electric liglit le loeated at the interseetion oL Main and William sts. Reierred to committee on lighting. A petitiou signed by Henry Uornwell, asking permistión and authority to construct and maintain a lateral sewer conuection from liis dweiling house on the east side of División st. to and with the nain .sewer at the point of its crossing Detroit st. Referred to the committee on sewers. A petition that was signed by John G. 3chairer and 60 otlier residents and iroperty owners and presented to the Jommon Council October 3, 1892, in reference to the smoke uuisance was re"erred to committee on ordinances. RBPOBT8 OF SPECIAL COMMJTTEES. T t lie Commoti Council : Vonr commtttee, to whom was referred the jni--itge ol Mayor Darllng In referenoe to the mi li ly and quality of water I'urnisUed the ulij anu lts inhabltants, by the Ann Arbor Wnii r Co., respeetfully report as folio wg: 'ili towing to the nature of the solí, and tin ii-piii lo which It la necessary to 0 tci liiiii water In tule city, the inhabitanl.s thereot aie peouliarly dependent npon the Water Company lor a suíticient .supply, and are therefore coinpelled to patronize the Water Cumpany, and have, at all times, evineed a willingness, and shown acapaclty toextend tb elr patronage libera lly to sueb Water Co. We tind that in 1885, iMne years ago, the Coinmon Council of tuis city enlered into a. contract with Ihe Ann Arbor Water Company, a Corporation organized lo supplv this ity with water, granting to sueh eompany xclusive rights; that sueh contract was very avorable to sueh Water Coiupany, and gave mail proteetiou to the city and its Inhabiants. ïhis to sueh extent as to warrant he claim that has been freely made that the ighls of the city and its people have not been properly protected. The eompany expressly agreed In the conraut, among other things, that the works hould be at all times capable of throwing y reservoir pressure six slreams eighty feet ïigh at the Court House, at one time, and by irect piessure at the same place, the same umber of streams one bundred and ten feet ïigh, and ugain flve streams flfty-four feet igh al the campus, and the same numher of treams at the same place by direct pressure inety feet bigb, Alsoagreed to furnlsb at all times a sulliient supply of water suitable for domestic arposes, to the inhabitants of the city. Wealsoflnd that said water Company has atled to rraintain its works in a condition a pable of throwing at all times tbe streams n number and heigbth,at the places as it as agreed to do in said contract. Also has failed to furnish the inhaoitants of this city a sufflcient cjiiantity of water suitable tor domestic purposes; on the contrary have through a part, and we believe a large part, of eaeh year, taken the water furnislied the people iroui the Hurou rlver.a stream that is a commoti sewer for tbe inhabitants living on the banks. Learned and competent cheraists have examined sueh water, and at times have Jound the same to be seriously eontaminated. It is unnecessary far us lo say that sueh water be dangerous to health.and tberetore unflt for domestic use. We are of tbe opinión that tbe Water Co. has shown au incapacity lo perform its part of said contract, and have failed to appreciate the uecessities of the situation, as without doubt there is au ampie supply of wholesome sprin water to be had, at sruall cost, in the val ley s adjacent to the city. We believe the Water Company have beeu inercenary and have looked flrst to their net iueome, rathertban to the terms and spirit of their contract, and tbe necessitles of tliis people The people or the city, whlle they have appreclated the alarming situation, liave been -luw to demand, that the Water Company be brought to book; they have long hoped and expeoted that the promiseso oftcn made by tlie Water Compauy be iülfllled. ïhey are huw witli une voice demanding the protection tliat you alone pan gi ve them. Tbe puarlle and trifling way this Water Company has atteinpted to reach a more bountllul aupply of spring water, and tbeir many promises made bilt to be broken, leads your committee to think that ueitner the projectors nor the company ever sertously conlemplated furnlshlng spring water toauv large extenl, but expeoted, as tliey really llave done, to get their supply largely trom the Huron river. Uood business judgmeut, as well as our dutyas citizeus, deniauds that thia cvil be eradieated. Therefore in view of the demons tra teil inability of this Water Company to perform the its contract, to supply us with the proper pressure lor flre protectiou, also to furnlsh an adequate supply of wholsome water, fit for domestic purposes, and in view of the enforced consumption of an increased amoant of water, by reason of connecting with the sewers, your committee would unanimously reeommend that the Common Councll of this city promptly pass an ordinance repeallng the ordinance pansed June lst, 1S85, entitled "An Ordinauce Kelative to Water Works." Also that this council pass a resolution setting forth the failure of the Water Company to comply with the conditions of its contract with the city. Also that the Common Council promptly notify the Water Company that they, the Council, deern and declare said contract broken by said Water Company. and that the city because of said breech of said contract refuses to be further bouml thereby, wbich ordluauce, resolutiouaud notice, your committee harewith report. H. J. Browx, Chairman. Christian Mareik, A. J. KlTSON, I Henky S. Dean, t Georoe r. Bullís, JUUlüS E. Beai., 11. A. MACIjAOHLAN, D. ZlMHEKMAN. RESOLUTIOS. Whereas, The city of Ann Arbor ly it i r, recorder and uidennen, entered intn un greexnent with lUe Ann Arbor Water Company on theoth daj of May. 1835 whleh contract was passPdlutoan ordiuance of said city on June ist, 1885, in whieh coutruoi said Ann Arbor Water Coinpany amona other thlugs, agreed to build water works at all times e pable ol lürowlng by reservoir presBure six streains eighty feot bleh. :it the court house, at oue timo, and by direct prewure tlie same number of streams at the same ;.)are. mie hundred and ten feet high, and aguln nveslreama Bfly-four feei high at the j L'niversity Campus, and the same uumberof streams at the saine place, bv direct pressure. ninety feet high. Also would mal n tal n in lts reservoir 1,000,000.000 to 1,M,000 gallons of water, and át no time allow it to fa II below 7.50,1)00 gallons, except when necessary to cíense the same, or . in oase of unavoldable accident, and durin" sueh time or times, it. would malntnin iv by direct pressiue a sutficienthiipplyot water for tire ;i ntl domestlc use. Wlnch several agreements the said Ann , Arbor water Compnuy, bas al varioue and , numerous times falled to comply witli, - especially durinK the raonth of August ü91 and Jtily and August, 1883. ' And. wtjerea. also the Ann Arbor Water ! Cimiiinny. in said contract agreed to furnish , at all times a suliicient sapply of water snitable for doraestic purposes, to the Inbabl tama ui said city of Ann Arbor. along the Unes of thelr water pipes, when requested so to do by sncli iuhabltants, and at reasonable rates A ml, whereo-1, The Ann Arhor Water C'ompny has falled to build the works and sopply the reservoir wlth water, and throw the -i.;nnsin number and in Jieijjht, as set lbrth In said contract also to furnish the in habitante of said city. along the Unes of their witter pipes, a suffleient supply of water suitHble for domestlc purposes altbough re(liiesteil so to do by tlie lnhabitants of said city, but on the oontrary have supplied at yarious and numerous times during the exïstence of said contract, and espeeially during the month of August. 1894, water tosuch Innabitants tiiat was unwliolesome, and of a quality not fit fordomestic parposes, and luis laken said water, at various times from tlie Huron river, when said river was at. a low stage of water, said r ver being a sewer for tiie luhabitants who reside on its banks above the city of Ann Arbor. And, wbereaa, The Comtnon C'ouncll of the said city of Ann Arbor. have become satisHed that said Water Company are uuable to supply water of a quality, and in thequantity, and with sufricient pressuie, to tlirow the streams as they have contracted todo in above uamed contract. And w.i:reas, The Common Council of the said city believe it would be great, and possibly cnraiual uegligeuce on their part. if they falled to take earnest, diligent, and to the best of their power, tffective measures to supply the ciüz-ns of said city with ampie water for tire proteotion. and also with an adequate supply of good wholesome water lor domestic purposes. Now, thereiore, be It resolved and declared by the t'ommon Council of the city of Ann Arbor, that the said contract now existing between the city ofAnu Arbor, and the Ann Arbor Water Cornpany, bv reason of various and numerous faltares on the part of sa'd water Company to fulfill thelr agreement in said con ti act. as heretofore eminieraled, to the great lnjury and damage to said city, and the inhabitants thereof, is hereby declared void, and that the city of Ann Arbor should not, and will not further continue said contract in fovce. and tliat all contractual relations between said city and said Water Company, under and by reaeon of the above specitied contract, shall be and are no longer iu force. Aid. Ta_vlor moved tliat the report be received and placed on file uutil the next regular meeting. Adopted. MOTIONS AND BESOLITTIOKS. By Aid. Martin: lltsulxed, Tliat J. ilnton Perkius, janiior of the gymnasium on the campus of the Uuiverslty oí Michigan, lie appomted special pólice without expense to the city. AdoDted. Bv Aid. Brown : Resolved, That the Board of Public Works be Uirected to cause the remóval of the telephone or eleetnc light pole whicli stands against the tire hydrant in front of the American Hotel on Washington st. Adopted. By Aid. Brovvii : Kesolvtd, Tliat thirty-five dollars be and the same is hereby appropriated from the Bridge. Culvertand Cross-walk fund for the purpose of building a stoue or cement crosswalk across Fifth ave. 011 the north side of E. Catherine st. Eeferred to Committee onsidewalks. By Aid. Brown: Resolved, That the Aun Arbor Water Co., be aud are hereby ordered to raise the followiug hydrants to a siritable height in order that the Fire Department may be able to conuect with the same, viz: On the corner of Broadway aud Mooie street, Beakes and Depot sts,. Main st. iu front of Sutter's boiler shop, V. Huron st. In front of the v'operty of Mrs. D. Godírev's, W. Liberty st. iu front of the Brehm estáte, property corner of Huron aud State sts., Monroe and Ingalls sts.. Thompson and Paekard sts.. Summit aud Spring st. ou N. 5th ave. iu front of O. Jacksou'3 property, on Broadway in front of VVm. Lodholz's gr'ocery store, on S, Uuiven ity ave. between E. Uuiversity ave. aud Forest ave. Adopted. By Aid. Kitson : Resulved, That the petitiou of Mrs. Mary Collina Whitiiig and 172 other citizeus askiug that the electrfu light ou S. State st. be not removed, be grauted by this Couucil. Aid. Martin moved an amendment that an additional electric light be ordered located on W. Huron st. at the intersection of Jackson and Dexter roads, which amendment prevailed as follows : Yeas - Aid. Bodner, Martin, Allmendinger,Wood, Snyder, Ferguson, Brown, Taylor, Kitson, Prettyman, President Wines- 11. Nays - None. The original motion prevailed as follows : Yeas- Aid. Boduier. Martin, Alluiendinger,Wood, Snyder, Ferguson, Brown, Taylor, Kitson, Prettyman, President Wines - 11. Xays - None. By Aid Ferguson: R i.'', That the general electiou to be held ou the sixth day of November uext.bo ' aud the saine is hereby appointed to be held iu the several wards of the city at the follotviug uamed places, viz.: First ward, corner Washington st., 5th ave.. No. 37 E. Washington st. Second ward, at Schumacher's blacksmith shop, corner of Liberty and Ashley street Third ward, iu the Pomológica! Room, basement of Court House. Fourth n-ard. at the 4th ward engiue house Fifth ward. at the 5th ward eugiue houe. Sixth ward, at the 6th ward engine house. Resolved further, that the city clerk do give notice of said electiou pursuaut to law. Adopted. By Aid. Prettyniau : Resolved, That the city clerk be directed to publish a uotice iu the papers of the citv caliiug the attention of the citizens to the provisión of au ordinauoe relative to the liceusing of dogs. Adopted as follows : Yeas- Aid Bodinor, Martin, Allmoudiuger,Wood, íínyder, Ferguson, Brown, Taylor, Kitson, Peett'ytnan, President I Wines- II. Nays - None. By Aid. Prettyman: Resolved, That the appropriatlon of $.50 be made from the Fire Fuud to purchase thlrteeu ;xtra heavy weight rubber coats for the Fire Departmeut. Adopted as folios - : Yeas - Aid. Boduner, Martin, Allmenlinger,Wood, Snyder, Fergusou, Brown, Taylor, Kitson, Prettyman, President kV'ines - 1 1 . Aid. Martin moved that the street i committee's report made to this Counoil Aug. 20, last in reference to the grading of 13th and E. Catherine streets, at the l'niversity Hospitals, be now taken froin the table. Adopted. Following is the report: FROJl THE STREKT COJIMITTUli. ' ïo the Common Council: YoarCommittee on streets to whoin was referred a ecrïniu resolution asking for an apiropriation of $100 lor gradiug Thirteenth se. betweenAnn and FuUersts,, respectfully report that they have had the matter under consideration and have several times vlalted thi-s street and aliso inspected the condición of Catherine street oetween ('Jark and Thirteenth streets, and your eommittee are of the opinión that the time lias come and public travel demands thnt Catheriue and Thlrteenth streets must be at once put in a safe condition as the street glitters along said street are very dangerous to the public. Your ('ommittee would therefore recommend that the approjiriation of $5ÜU be made f rom the Street Fuud and the Board of Public Works are hereby directed to cause the neces sary grading to be done on said street. we aUo submit the grade and profile of changing street grade on Catherine street between Clark andThirteenth streets. your eommittee caused to be prepared and herewith submit the proper resolutiou establishing and ehangingsuch grade. Respectfully submitted, Christian Martin, a. P. Fekouson, W. L. Tayi.or. Street Uommittee. Aid. .Maltin moved that the report be accepted and the recommendation be eonearred in. . Adopted as follows: Yeas - Aid. Bodnier, Martin, dinger.Wood, Snyder, Ferguson, Brown, Taylor, Kitson, Prettyman, President W'iiies- 11. Nays - None. Aid. Martin moved that when we adjourn we adjourn to meet in an adjourned session to-morrow at 4 o'dock p. in., local time. Adopted. The Council returned to the order of business .n. ft. Ahl. Prettyman, leave being granted, introduced "An Ordinance Relative to Non-resident Merchants," which was referred to the Coniinittee on Ordinance. Aid. Taylor uiovêd that the Gouncil adjourn. Jjost as follows : Veas- Aid. Martin. AHmendinger, Woód, Snyder, Taylor. - 5. Nays- Aid. Bodiner, Ferguson Brown, Kitson, Prettyman, Pres. Wines. - 6. Aid. Prettyman moved that the City Attorney procure an abstract of title made of Felch Park and of the property on the southeast of Washington ana 12th streets, if he should find suoh an abstract necessary. Adopted as follows : Yeas - Aid. Bodnier, Martin, AHmendinger, Snyder, Brown, Taylor, Kitsou, Prettyman. Pres. Wiues. - Í). Nays. - Xone. On motion the Council adjourned. City Clerk.