COUNCIL CHAMBEE, i Ann Albor, August 2nd, 1897. f Regular session. Called to order by Pres. Luick. Roll called. Quorum present. Absent Aid. ■ Grossman, Sweet, Brown, Coon. COMMUNICAÏION FROM THE MAYOR. To the Honorable the Common Council of the City of Ann Arbor: Gentlemen, - I am compelled to disapprove your action in adopting the report of the Sidewalk Committee resclnding permission heretofore given Mack & Company to extend their front ou S. Main st. into the sidewalk. I onderstand that Mack & Company do not inteud to take advantage of said permission and the Ordinance Committee complain that they were not notifled of a meeting, and in fact no joint meeting of the committees afoiesaid and City Attorney was had to consider the matter so referred, as contemplated in the resolution referring the same. My oiily reason for this veto is to correct the irregularity in theproceedings of the Council. This matter was reierred to the Sidewalk and Ordinance Eommittees and City Attorney, and the report comes not from the joint committees and City Attorney, but simply from the Sidewalk Committee. Respectiully, Chas. E. Hiscock, Mayor. Tiled July 21st, 1897, at 4:10 p. m. Glen V. Mills, City Clerk. The resolution failed to pass the veto of the Mayor, notwithstanding. Yeas- Aid. Hamilton- 1. Nays- Aid. Moore, Koch, Dell, Vandawarker, Rhodes, Spathelf, Soule, Danforth, Cady, Pres. Luick- 10. Aid. Moore moved that the committees to whom was referred the subject be requested to report at the next session of this Council. Yeas- Aid. Moore, Hamilton, Dell, Vandawarker,Rhodes, Spathelf, Soule, Danforth, Cady, Pres. Luick- 10. Nays- Aid. Koch- 1. PETITIONS AND COMMUNICATIONS. To the Common Council: The Board of Public Works respectfully present to your honorable body the bid of Clarence B. Dixon for itnproving Packard st. between the Junction and city limits at 48 cents per load of H yds., for drawing gravel; and 11 cents per ft. for grading gutter, the same being the lowest bid for doing such work. Respectfully submitted, Glen V. Mills, Clerk of the Board of Public Works. Aid. Danforth moved that the ïecommendation be concurred in by this Council. Adopted as follows: Yeas- Aid.' Moore, Dell, Vandawarker, Rhodes, Spathelf, Soule, Danforth, Cady- 8. Nays - Aid. Hamilton, Koch, Pres. XiUick- 3. To the Common Council: The Board of Public Works would respectfully represent to your honorable body that pursuant to your orders they advertised for bids for building a lateral sewer in Lateral Sewer District Ño. 7. And that after due consideración they find that Hutzel & Co. are the lowest bidder, and would recommend that the contract be awarded to said Hutzel & Co., according to the prices named in their proposal. Respectfully submitted, Glen V. Mills, Clerk of the Board of Public Works. Aid. Cady moved that the recommendation of the Board be concurred in and the Board ordered to enter into ,a contract with Hutzel & Co. Adopted as follows: Yeas- Aid. Moore, Hamilton, Koch, Dell, Vandawarker, Rhodes, Spathelf, Soule, Danforth, Cady, Pres. Luick- 11. i Nays- None. To the Commorr Council: The Board of Public Works herewith submits the 2nd estímate of completed work in Sewer District No. 6, which sthey recommend for your approval. Respectf ully submitted, Glen V. Mills, 'Clerk of the Board of Public Works. ENOINEER'S SECOND ESTIMATÍ. LATERAL SEWER DISTRICT NO. 6. Sewer pipe laid, 650 ft., at 05o per ft $ 32 50 Sewer pipe laid, 1.381 ft., at lio per ft... 151 91 Excavation, etc., 415 ft., at 12c per ft... 49 SO Excavation, etc., 1,616 ft., at 23c per ft.. 371 68 Manholes, 2atí25.00 each 50 0(1 Flushtanks, 3 at $54.00 each 162 00 .Lampholes, 2 at $5.00 each 10 00 Total estímate 8827 89 Le.ss 10 per cent per contract. 82 iV .Amount due contractor $"45 10 Geo. F. Key, City Engineer. Aid. Koch moved that the recommendation of the Board be conurred in and a warrant ordered drawn for the same. Adopted as follows: Yeas- Aid. Moore, Hamilton, Koch, Dell, Vandawarker, Rhodes, Spathelf, Soule, Danforth, Cady, Pres. Luick- 11. Nays - None. To the Common Council: The Board of Public Works presents for your consideration the estímate of tthe Engineer for improving Miner st. Respectfully submitted, Glen V. Mills, Clerk of the Board of Public Works. To Board of Works: An approximate estímate for grading west side of Miner st. from Hiscock st. to Felch st., is as follows. 500 eu.yd. excavation, at 20c per yd Í10O 00 The streel is not full width at this place and should be widened and an approximate estímate to widen the street and püt ín passable condition for travel is about $175.00. Aid. Koch moved that the estímate be laid on the table. Aid. Dell moved as a snbstitute that the estímate be referred to the Street and Sidewalk Committees. Adopted as follows: Yeas- Aid. Moore, Hamilton, Dell, Vandawarker, Rhodes, Spathelf, Soule, JJanforth, Cady, Pres. Luick- 10. Nays- Aid. Koch- 1. Ann Arbor, Mich., July 31, 1897. To the Common Council of the City of Ann Arbor: :', T I have the honor to report that 1 have examined the books and vouchers of the City Treasurer and City Clerk for the year ending May 1, 1897, and find them correct. The balance In the hands of the Treasurer was six thousand six hunared and tour and forty-three hundredths dollars ($6,604.43) which amount was on deposit in the Ann Arbor Savings Bank. ftespectfully submitted, J. Rice Miner. Received and ordered placed on file. A petition signed by N. B. Covert asking tor damages tor alleged injuries was read and referred to the Fiuance Conamittee and City Attorney. A petition signed by H. J.Burke asking for the rilling of a well on División st. was read and referred to the Sidewalk Committee. A petition signed by J. W. Goodhevv asking for the improvement of Observatory st. was read and referred to the btreet Committee. KEPORTS OF STANDING COMMITTEES. FINANCE. To the Common Council. Your Committee on Finance would respectfully report that they have had the lollowing bilis under consideration and would recommend their approval and that warrants be ordered drawn in payment of the same: Respectfully submitteO, Michael Grossuian, Harrison Soule, Oommittee on Finance. CONTINGENT FÜND. Glen V. Mili, salary $ 83 34 Patrlck O'Hearn " 83 34 Thomas D. Kearney, salary 60 00 Edward L. Seyler, " 8 34 Mrs. C. A. Greene, rent 29 17 Mack & Sohmid, rent i 67 Dr. D. M. Cowie, salary 25 00 Dr. John Kapp, salary 37 60 EliW. Moore. salary.. 13 50 Henry B: Dodsley, salary 25 00 Glen V. Mills, postale 2 50 M. E. Ea8terle, janttor 17 00 Ann Arbor Electric Co., lighting 564 49 M. M. Eisele, supplies 33 Eobison & Co., llvery 2 50 J. A.Polhemus, water 6 00 J. A. Polhemus, livery 12 50 Sid W. Millard, printing-. . 19 00 Geo. F. Key. salary 100 00 Ann Arbor Argus, printing 56 19 Henry C. Wilmot, posting 150 Washtenaw Evening Times, printing. 52 62 Geo. Wahr, supplies 22 20 Bailey & Edmunds, repairs 10 0 Aun Arbor iSavings Bank, accts. assigned 83 91 Farmers & Mechanics Bank, accts. assigned 119 T3 Total $ 1,427 13 SEWER FUND, DISTRICT NO. 6. Edwin W. Groves, salary $ 75 00 Total 8 75 00 STREET FÜND. C. W. Gill, lumber $ 3 57 Fred Davis, labor 15 30 Dr. John Kapp, gravel 49 70 Daniel Hiscock. gravel 9 60 Daniel J. Ross, salary -. 66 66 Christian Braun, repairs 110 Parker, Colburn & Selmeider.'supplies 3 58 Fred Bartlett, stone. 60 Hunter & Chapin, supplies 5 15 Frank Sutherland, labor 32 55 Ed. Bycraft, stone 6 50 Esslinger Bros., repairs 9 25 W. W. Wetmore, bookd 1 60 Wm. Herz, palnting 3 25 G. C. Ehodes, salary 21 00 George H. Fisher, labor 6 25 J. A. Polhemus, sprinkling 10 00 Farmers & Mechanics Bank, accts. assigned 1,166 59 Total 1,312 73 BRIDGE, CÜLVERT AND CKOSSWALK FÜND. Barret Mnfg. Co., pitch Í 44 96 National Sewer Pipe Co., brick 192 50 S. Wood & Co. supplies 3127 John Baumgardner, labor 22 05 George H. t'isher, labor 19 95 J. P. Judson, curbing - 53 11 Farmers & Meohanics Bank, accounts assigned 910 56 Total-.. 11,213 20 PÓLICE F0ND. Zenae Sweet, salary 1 75 00 John O'Mara.salary 50 üü George Isbell, salary. 5U 00 David CoIHqs, salary. 5000 Reuben Armbruster, salary 50 00 Wm, Eldert, special i 00 Thomas Blaokburn, special -- 4 00 CUntonSnyder i 00 Fred Huhn 00 Total - - 9 287 00 FIRE DEPAKTMENT FUND. FredSipley, salary ... 60 00 0. A. Edwards, salary 50 01 W. H. McLaren, salary - 50 00 Max Wittlinger, salary 60 00 Albert West, salary 50 0U Eugene Williams, salary 50 00 Samuel McLaren, salary - 50 00 Edward Hoelzle, salary .-- 40 00 Charles Carroll, salary 20 00 Louis Hoelzle, salary - 8 00 W. h. Schnierle, salary 8 00 George Hoelzle, salary 8 00 Wm. Rettich, salary ...'... 8 00 A. W. Sorg, salary 8 00 Robison & Co., team 2 00 A. G. Rohde.teatn 2 00 R. Marsh, team - 2 00 J. J. Jetter, hay - J2 Mack&Co., supplies - 168 Geo. W. Seybolt, repairs 15 0a B. St. James, supplies 2 55 Martin Haller, supplies 3 70 Wm. Herz, supplies 5H Parker, Colburn & Schneider, supplies to S. Wood&Co., lumber 7110 Farmers & Mecharnos Bank, accts. assigned - 3 Total 577 32 POOR FUND.' Fred Sipley. salary 10 00 L. B. Densmore, wood 1 wj Ann Arbor Railroad, íreight 11 oi Treas. Antl-Tramp Society, labor, f urnished í ? F. Bigalke, grooeries 5 00 Davis & Seabolt, groeeries' 3 Z Ed. Duffy, groceries 00 JohnGoetz & Son, groceries o 9 Goodyear & Co., mediciues G. Hoefer, groceries "50 E. Jaeger, meat W John W. Kearns. nurse - 2 00 W. F. Lodholz, sroceries 64 Mack&Co., clothing - 2 oO H. O. Meuth, meat - 50 Wm. H. Mclntyre, groceries. i (W ,T. H. Maynard, groceries w Mrs. K. M. Nebel, reut 2 bO O' Hará & Boyle, groceries 00 Rinsey & Seabolt, groceries 20 o7 C. Binsey, groceries S w W F. Stimson, groceries o - John Ooetz, Jr., groceries ■ -1 Total I-7 9Ö CEMETEKY FDND. Nelsön Garliughouse, labor 15 75 DOG LICENSB FUND. Joseph Blackburn, labor Í 27 00 RECAPITULATION, AÜOOST, 1897. Contingent Fund IM27 13 Sewer Fund - - " Street Fund ---- ï'iSï Af Bridge, Curren and Ci'osswalk 1,878 21 Firemen's Fund 5(7 32 Pólice Fund - 287 00 PoorFund '- "f Cemetery Fund - 1 .5 Dog License Fund -' w Total - - 5.l9ti u Adopted as follows: Yeas- Aid. Moore, Dell, Vandawarker, Ehodes, Spathelf. Soule, Danforth, Cady, Pres. Luiek- 9. NayS_Ald. Hamiltou, Koch- 2. SEWEKS. To the Common Council: Your Cominittee oq Sewers to whom was referred the petition of the Ger mania Lodgre No. 476 D. O. H. asking for permission to connect with the main sewer would recommend that the petition be santed with the understanding that ween a lateral sewer is construeted in the district in which said building is located that said Society will not be exempt from the ment of sewer tax in said district. Respectfully submitted, John Koch, Frank Vandawarker, Horace P. Dauiortn, tiarrWou áoule, Geo. L. Moore, Geo. öpaiüelf, Jr. Cuuimittee on Sewers. Adopttd as foiluws: Yeas - Aid. Moore, Hamilton, Koch, Dell, VandawarKer. Rhodes, Spathelf, Soule, Dauiortti, ady, Pres. Lulck- 11. Nays- None. STREETS To tüe Common Couuoil : Your CuüiDiittee uu Streets would respeotfully rtsuoinuieud that the Board uf Puolio WorKs bediiected to surface b. Divisiou street from Huran to Packai-d with oruuhed stoue to tne thickness of two iucnes. Your Committee herewitb present the Engineer's estimate for doing such work. Respectfully submitted, Geo. L. Moore, G. C. Rhodes, Harrison Soule, C. H. Cady, Committee on Streets. Ann Arbor, July 31, 1897. To Board of Pubüc Works: Gentlemen :- The length of División Street from Huron street to Packard is approximately 2500 ft. The usual width of road-bed is 34 ft., to cover this with 2 inches of crusned stone will require about 540 cu. yds. thus an approximate estímate of total cost is as follows : First cost of 540 cu. yd. stone @ 60c per vd S32 0 Crushing of 540 cu. yd. stone @ 40c 'per y(J 216 00 Urawing aad placinf? 540 cu. yd. stone @20cperyd 108 00 Total estímate Í648 00 As the stone is already at yard the amount necessary to be appropriated to do surfacing of street is $3o0.00. Geo. F. Key, City Engineer. Adopted as touows: Yeas- Aid. Moore, Vandawarker, Rbodes, Soule, Danforth, Cady- 6. Nays- Aid. Hamilton, Koch, Dell, Spatnelf, Pres. Luick - 5. To the Comtnon Council : Your Committee on Sueets to whom was referred the petition asking for stone gutter on east side of 5th Ave. between Catherine and Detroit streets would recommend that a 5 ft. stone jutter be ordered laid. Respeotfully submitted, Geo. L. Moore, C. H. Cady, Harrison Soule, G. C. Rhodes, J. A. Dell, Committee on Streets. Estimate of stone gutter on east side Pifth Ave. from Catherine Street to Detroit street. 1500 sq. ft. @8c per ft $45 0C Cement approach for crosswalk 20 00 Total $Ö5 00 Geo. F. Key, City Eng. Aid. Hamilton moved as an amendment that the City furnish material and the property owners do the ing. Lost as follows. Yeas. Aid. Hamilton, Koch, Dell, Spathelf, Soule- 5. Nays - Aid. Moore, Vandawarker, Rhodes, Danforth, Cady, Pres. Luick -6. Whereupoo the original motion was Adopted as follows: Yeas - Aid. Moore, Dell, Vandawarker. Rhodes, Spathelf, Soule, DaDforth, Cady, Pres. Luick- 9. Nays- Aid. Hamilton, Koch- 2. WATER. To the Common Council : Your Comtnittee on Water to whom was referred the petitions asking for the extensión of the water mains on Geddes Ave. and Hill street would report that they have given the subject due consideration and would recommend that the petitioners be referred. to the Ann Arbor Water Co. who have expressed themselves as willing to extend their mains on said streets. Respectfully submitted, Horace P. Danforth, Geo. L. Moore, Committee on Water. Adopted as follows : Yeas- Aid. Moore, Koch. Dell, Vandawarker, Rhodes, Spathelf, Danforth, Cady, Pres. Luick- 9. Nays - Aid. Hamilton, Soule - 2. FIRE DEPARTMENT. To the Cominera Council: Your Committee on Fire Department would respectfully recommend that Herman Kirn receive full pay during ;he time that he is disabled as a result of injuries received in the discharge of lis duty. Thi3 is granted with the express understanding that he save the 3ity harmless from any damages and that he pay his own doctor bill. Respectfully submitted, G. C. Rhodes, Frank Vandawarker. Com. on Fire Department. Adopted as follows : Yeas- Aid. Moore, Hamilton, Koch, Dell, Vandawarker, Rhodes, Spathelf, Soule, Danforth, Cady, Pres.Luick - 11. Nays - None. ROKDS. To the Common Council. Your Committee on Bonds would recommend the approval of the bond of Hutzel & Co., for $5,000 for payment of labor and material claims in Sewer District No. 7, with Christian Mack and Frederick Schmid as sureties, also the bond of-Hutzel &Co.,for $10,000 for the faithful performance of the contract in Sewer District No. 7, with Christian Mack and Frederick Schmid as sureties. Respectfully submitted. Frank Vandawarker, C. H. Cady, Committee on Bonds. Adopted as follows: Yeas- Aid. Moore, Hamilton, Koch, Dell. Vandawarker, Rhodes, Spathelf, Soule, Danforth. Cady, Pres. Luick- 11. Nays - None. CEMETEBY. To the Coaimon Council. Your Committee on Cemeteries woulc recommend that $50 be appropriatec from the Cemetery Fund to build a too house in the Fiflh ward cemetery anc further that $50 be appropriated for th purchase of two lots for the burial of soldiers of the late war who may die without Bufflcient means to pay their funeral expenses. Respectfully submitted, C. H. Cady, Geo. L. Moore, Committee on Cemeteries. Adopted as follows: Yeas- Aid. Moore, Hamilton, Koch, Dell, Vandawarker, Rhodes, Spathelf, Soule, Danforth, Cady, Pres. Luick- 11. Nays - None. REPORTS OF CITY OFFICERS. The raonthly reports of the Chief of the Fire Department, City Marshal and Superintendent of the Poor and the annual report of the Board of Health were read and ordered filed. To the Hon. Common Council of the CiLy of Ann Arbor. Your Board of Health leave to make the following report for the year ending Dec. 31 st., 1896. Duringr the past year, the complaints both verbal and written have been very numerous and the nuisances have as a rule been abated without recourse to law. A very great saving to the City has resulted thereby. Our City has been free from epidemics during the past year, and the deaths resultiag from the various causes are as follows: Accident 4 Demcutia 2 Blond poisontng 1 General Debillty...l3 Brain Fever. ... 3 Heart Failure 4 Cystitis 1 Hemorage 2 Consumption 21 Hip Disease 1 Croup J Heart Disease 15 Cáncer 7 Gastritis 2 Cholera Infantum....3 Kidney Disease 1 Jhild Birth 2 LuGrlppe 2 Convulsions 2 Lung and Throat. ..3 Dropsy 5 Ltver Complaint 1 Ml Ik polsoning 1 Eheuniatism 3 Measles 1 Softenlng of Brain.. 1 MAlariai Feyer 1 Spln'l-Braiu trouble2 Neuralgia of Stomach.l Ütomach-Throat. ..1 OldAge 12 Suicide 4 Operation 1 Still Bom 2 Paralysls 5 Typhotd Fever 3 Pneumonía 3 Teething 1 Peritonitis 2 Whooping Cough. ... 2 Psoriasis 1 Tumors 2 Prostration 1 Unknowo 26 Making a total of 172 for the year 1896. Tbe death rate per thousand is very favorable and speaks well for the health of the City. Respectfully submitted, Eli Moore, Pres. Bd. H. B. Dedsley, Health Inspector, .Tnhn TTann Health OfBcer. Ann Arbor, Mich., Dec. 31st, 1896. To the Honorable the Common Council: Gentlemen - At the last meeting of the Council an estimate of the cost of extending the sewer in district No. 6, made by the City Engineer, in streets uot included in the plans, specifications and contract, and to add the same to said district and include it in said contract, was referred to the Sewer Committee. I nave no doubt that if you did this the assessment for the entire district would be nulland void. The Council by resolution declared it expedient to order the construction of a sewer on certatn streets and directed the City Engineer to cause all needful surveys and measurements to be made, and report to the Council, among other things, the starting point, direction and place of connection with the main sewer, a full, complete and detailed estimate of the cost, a map of ttie route and the land or lots fronting on or adjacent to the same. The Engineer reported as directed and the same, was referred to the Sewer Committee. Said committee reported in due time to the Council and the Councll directed the Board of Public works to cause said sewer to be constructed. Ia accordanee with the direction of he Council the Board advertised for roposals for the construction of the ame and let the contract to the iowest ndder. The contract was confirmed )y the Council and the contractor ïas not only begun work on the contact, but one estimate has been made and ordered paid by this Council. Under our charter all public works must be let by contract to the lowest bidder. It has been held by our upreme court that the purpose of this rovision in our charter is to secure competition among contractors for public work and supplies and to give the taxpayer the benefit thereof. In the case of Ely et al. vs. the City of Grand Rapids, reported in the 48th of Micnigan at page 336, the Council requested the Board of Public Works to establish a grade line and furnish the Council with an estimate of the cost of grading, graveling and paving the gutters of Curtis street. The Board reported to the Council and the 3ontract was let to the lowest bidder. There was no item for"paving gutters" 3ither in the estímate, specifications or :ontract, and after the work had projressed somewhat it was discovered ;hat, while the improvement providec :or in the original resolution contemp ated and required the gutters to be paved, no provisión was made therefoi in the contract and speciflcations annexed thereto. Upon making this discovery the Board instructed the Eq gineer to see the contractor, and ob tain f rom him a proposition to pave the gutters. He offered to do it at the same price per yard for whicb. he hac contracted to do the other paving Thu engineer reported this tothe boarc with his estímate of the number o yat ds of paving, which was approvec "by the Board and certified to the Coun cil. The Council rescinded lts forme recolution and adopted a new resolu tion and order for assessment, thereby increasing the assessment. This was a new contract and was not open to com petitive bids. The court says further "It is true that the paving OÍ the gut ters was within the scope of the im provement, but this did not confer up on the defendent the right to dispens with the charter requirement for com petitlve bids. It is of no consequenc that a part of the public improvemen is omitted from the estímate and con tract by mistake. This work of pav ing the gutters wasentirely outside th contract. The private contract for th performance of the same was withou authority and void." I would suggest that the Sewer Com mittee reuort adversely to the proposed extensión. Respectfu'.ly submitted, Thomas D. Kearnry, City Attorney. RESOLUTIONS. Aid. Cady moved to rescind the action of thé Council ordering a sidewalk on the east side of S. lst street along the property of the A. A. R. R. Lost as follows: Yeas - Aid. Moore, Dell, Rhodes. Cady- 4.' Nays - Aid. Hamilton, Koch, Vanda, warker, Spathelf, Soule, Danforth, Pres. Luick- 7. By Aid. Moore. 'Resolved, That the City Marshal be directed to circuíate a petition íor paving Main St., amoug the property owners of said street. Adopted. Aid. Danforth moved that the Council reconsider the action relative to the sidewalk along the Ann Arbor R. ft. Adopted as follows : Yeas- Aid. Moore, Dell, Rhodes, Soule, Danforth, Cady,- 6. Nays - Aid. Hamilton, Koch, Vandawarker, Spathelf, Pres. Luick - 5. Aid. Koch excused. Aid. Moore moved to rescind the action of the Council ordering a sidewalk on the east side of S. lst. St., along the property of the Ann Arbor R. R, Adopted as follows: Yeas- Aid. Moore, Dell, Rhodes, Soule, Danforth, Cady, - 6. Nays- Aid. Hamilton, Vandawarker, Spathelf, Ires. Luick- 4. On motion the Council adjourned. City Clerk.