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Council Proceedings

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COUNCIL CHAMBEE, Ann Arbor, Oct. 3d, 1898. f Begular session. j Called to order by Pres. Luick. j Roll called. Quorum present. Absent- Aid. Dieterle, Sweet, Exi ïger, Vandawarker,Spathelf, Howell, ■ PETITIONS AND COMMUNICATIONS. A petition signed by Moses Seabolt i nd 3 others asking to have their ames stricken from a petition was ead and ordered filed. A petition signed by E. M. Georg and 0 others protesting against the opening í an alley was read and ordered led. A petition signed by Ida Gollnick sking for dam ages íor alleged inuries was read and ref'erred to the inance Committee and City Atorney. ?o the Honorable Common Council ot' the City of Ann Arbor: We the undersigned being amajority f all the owners of real estáte subject o assessment for the pavero ent of Washington st., between Ashley st. nd Fifth ave., respectfully petition 'our honorable body to pave that part f Washington st., between Ashley st. nd Fifth ave. with brick or asphalt tnd in accordance with the provisions if an ordinance of the City of Ann Lrbor, entitled, "An Ordinance Reative to Street Pavements," passed Tuly 7tb, 1897. SIGNED. Kinsey& Seabolt, J.F. Hoelzle, L. 3. Weinmann, F. A. Parker, John leinzmann, William Herz, P. Fred ïeimold, J. D. Ryan, J. W. Knight, föhn W. Morton, M. D., Will H. Horton, Otto Bekr, Eberbach Hardware Co., Washington Building Co., by F. H. Belser, Treasurer, David Kinsey , Jatherine Building Co., R. Kempf, President, O. M. Martin, William Illi, P.W. Bigalke, Mrs. A. Ball, A. Lentz, A.. Reule, A. Marshke, E. L. Munyon, i. B. Sudworth, August G. Koch, F. Rettich, Wm. P. Groves. By Aid. Koch : Resolved, that the petition for pavmg Washiugton st., between Ashley st. and Fifth ave., be referred to the Board of Public Works to determine if the petitioners are the owners of the greater number of feet of real estáte íionting on Washington st.,where said street is proposed to be improved, and for an estímate of the cost of grading and paving with brick or asphalt on concrete foundation; and for the curbïng and other work necessary for the improvement of said street within said limita. Adooted as follows: ïeas- Aid. Hamilton, llichards, Kocli, B'rown, Weeks, Goon, Cady, Stevens, Pres. Luick- 9. Nays- None. To the Common Council: The Board of Public Works would recommend that your honorable body authorize them to purchase sufficient plank to cover Bridge No 1 and to inüld and repair crosswalks in the ity. Respectfully submitted, Glen V. Mills, Clerk of the Board of Public Works. Keferred to the street committee. estímate for storm sewr on skcond st. 350 ft. 18 in. pipe at 25c per ft S7 50 300 ft. 15 in. pipe at 17c per ft ---- 51 00 650 ft. excavation and backölliug at 20c per ft !# 2 calch-basins at Ï20 each 40 $308 50 Geo. F. Key, City Engineer. iïteoeïved and oidered filed. To the Mayor and other City Officials and the Common Oouucil of Ann Arbor, Mich.: Gentlemen,- On behalf of our Carnial Executive Committee, of our City authorities and of our entire peo'ple, a cordial emphatic invitation is extended for you to attend the Grand Bapids Carnival of Fun, which will begin Tuesday, October 25, and lose Tuesday, October 28. There is so much of magnitude, 01 .real splendor, in the program for each day that no particular day is suggested for your viflit. We hope you will accept this invitation; and we promise you wery possible official and 1, public attention and courtesy. Please notify us of your action and inform us concerning the day of your inteuded visit, so that proper arrangernents may be made. Yours respectfully, George lï. Ferry. Mayor and Chairman of Committee on Official Invitations and Receptions. Keceived and ordered flled. ENGINEER'S SEVENTH ESTÍMATE. Pa ving Distriots N03. 1 and 2. Grading, 3,337 cu. yds. at 25c per yd.-.-ï 834 25 Ourbatone, 2,296 aq. ft. at 50c per ft 1,148 00 Concrete, 423 cu. yds. at $3 per yd 1,269 00 Brick, 4,304 sq. yds. at 94c per yd 4,045 76 Sand, 4,304 sq. yds. at 4C per yard 172 16 Grout Hller, 4,330 sq. yds. at 16c per yd 692 80 $8,161 97 Less 10 per cent 816 19 Amount due contractor, pavement $7,345 78 Sewer Work. 10 in. pipe, 246 ft. at 9c per ft $ 22 14 12 in. pipe, 38 ft. at 15c per ft 5 70 15 in. pipe, 34 ft', at 16c per ft ö 44 Excavation, 284 ft. at 15c per ft 42 6U Excavation, 34 ft. at 20cperft 6 80 Manholes 2 at 825 each 50 00 Iniets 8 at $13 each 104 00 Caten basins 2 at $25 each 50 00 Covers 2 at $7.00 each.. 14 00 Covers 2 at S2.50 each 6 00 $305 68 Less 10 per cent 30 56 Amount due contractor for sewer.--$275 12 Geo. F. Key, O. K. City Engineer. W. B. Smith, President Board of Public Works. I herèby certify that I have paid all claims for labor and material to date n accordance with previous estimates. Wm. J. Clancy. Aid. Brown moved that the estímate be referred to the Street and Finance Oommittee. Adopted as follows: Yeas- Aid. Ramilton, Richards, Koch, Brown, Weeks, Coon, Cady, Stevens, Pres. Luick- 9. Nays - None. Aid. Dieterle and Sweet entered. REPOBTS OF STANDING COMMITTEES. FINANCE. To the Commqn Oounoil: Your Committee on Finance would respectfully report that they have had the following bilis under consideration and would recommend their allowance and that warrants be drawn for the same. Respectfully submitted, Arthur Brown, Einmett Coon, F. M. Hamilton, Committee on Finance CONTINGENT FTJND. Glen V. Mills, salary $ 83 34 Patrick O'Hearn " 83 34 Edward L. Seyler " 8 34 O. E. Butterfield, salary 50 00 Mrö f! A. Rrfipnp rpnt. 29 17 Marvin Da venport, janitor 6 25 M. E. Kasterly, 12 00 Frederick Sehmid, rent 15 00 W. S. Teeple, supplies 2 40 Ann Arbor Argus. printing 21 13 Grace Bowen, stenographer lor City Attorney 5 00 Ann Arbor Electric Co., lightlng 560 30 Glen V. Mills, draits and postage.... 2 20 D. Hiscock & Son, coal 1 50 M. M. Eisele, supplies 2 08 Ann Arbor Savings Bank, acct. assigned IS 30 W. W. Wetmore, supplies 1 00 John R. Miner, expert accountant - 50 00 Wm. F. Stimson, supplies 50 Hausfreund & Post, printing 5 00 Mich. Tel. Co., rental ---- 27 50 TheCook House, meals 3 50 Neue Washtenaw Post, printing S 10 Geo. F. Key.salary 100 U0 Henry Richards, coal 104 23 State SavingB Bank, accts. assigned.. 39 08 Total 81,239 9T SEWER FUND- GENERAL. Schneider Bros., repairs 8 11 8 State Savings Bank, acets assigned-.W 00 Total S 20 35 PAVEJIEKT DISTRICT KO. 1. Wesley Hicks. inspector $ 57 50 Ann Arbor Water Co., repairs 60 45 Wurster& Kirn, tongs 5 00 State Savings Bank, accts. assigned.. 59 37 Total 8 182 32 BRIDGE, CüLVERT AND CROSSWALK FÜHD. State Savings Bank, acct8. assigned..8 78 01 Total ï T8 01 BTREET FOND. Daniel J. Ross.salary - 66 66 Geo. Fischer. labor i 00 F. Jb. Sutherland, labor 2o 50 Louis Eohde, supplies 117 18 Henry Biohards, coal o 39 Wurster & Kirn, supplies and repairs. 8 30 Muehliff & Schmid, supplies 15 40 Geo. E. Moore, oil J 5 M. C. K. R., ireight 166 Dean & Co., supplies }f John Baumgardner, labor 20 10 State Savings Bank, accts. assigned.. 1242 03 Total 1533 79 PÓLICE KÜND. Zenus Sweet, salar? 75 00 George lsbell, salary 50 00 Keuben Armbruster, salary 50 00 John O'Mara, salary W 00 David Collins, salary a0 00 Heury Marsh, special------ 00 Thomas Blaokburn. special 4 00 Elmer Meade, special o w W. W. Wetmore, supplies 1 Wm. Addis, meáis and lodging 1 2o Total HST KIRE DEPARTMENT FOND. Fred Sipley, salary 8 60 00 C. A. Edwards, salary - o w W. H. Motaren, salary - !5 Albert West, salary 5p 00 Bugene WiHiams, salary w 00 Herman Kirn, salary j0 00 Samuel McLaren, ealary SO 00 fll,nn A -.rníÍXTÜ fililí I'V 4U Á) Charles Carrol 1, salary - 0 00 A.W.Sorg.salary.. "" Michael Byan, salary - - UO Ed. Hill, salary o Fred Nordman, salary W Kalpli Edwards. salary U Mrs. Keam, wasbing - uu W.S.Toeple, brushes uu Ed. McMahon, supplies Goodale&Co., bran i jHenry Richards, coal - - ] ' .] E. Harkins, supplies and repairs... o4 SI Patripk Gibney, hay _ ' il Total 531 54 POOB FUND. Fred Sipley, salary and express ï 10 TO Ann Arbor Kailroad, freiglit 5. ál Goodale & Co., woqd W F. Bigalke, grooeries o uu J. A. Brown, grocenes - o w Davis & Seabolt, grooeries. l ld Eberbaoh Drug Co., medicine 1 5 John Goetz, Jr., grocenes. 3 08 John Goetz & Son, groceries... 4 l Mrg Hillmau, board f or Mrs. Evans . . 6 00 G. Hoefer. groceries.. "" J.J. Goodyear, medicine - A. Kearney, groceries a " A. G. Koch, groceries fa W. F. Lodholz, groeeries F. C. Miller, grocorles "" John Miller, mllk - " J.H. Maynard, groceries J O'Hara & boyle, groceries UU 0. Rinsey, (rrocenes - g S Kinsey& Seabolt, procedes ái Geo. Spatbelí, Jr., meat - 1 00 W. F. Stimson. groceries oi C. W. Vogel, meat - i L C. Welnmann, meat A. W. Nowlin, wood w M Total m 88 CEMETEBY B'UND. Nelson Garlinghouse, labor i '13 50 Total 1350 DOO TAX FÜND. ' States Savings Bank, acot. assigned..ï_ l_50 I Total 150 BECAPITÜIATION. September Bills, October Orders. Contingent Funü 1239 97 Sewer Fund, general 20 35 Payement District No. 1 sisu 32 Bridge, Culvert and Crosswalk i'und. 78 ('X Street Fund 1532 7!) Pólice Fund 293 50 Fireroen's Fund 55Í 54 PoorFund 365 88 Ceinetery Fund 13 50 DojjTaxFund 150 Total $ 42Ï9 36 Adopted as l'ollows: Yeas- Aid. Hamilton, RichaFds, Koch.Dieterle, Sweet, Brown, Weeks, Coon, Cady, Stevens, Pres. Luick - 11. Nays- None. To the Common Council : Your Committee onSidewalks would recommend that $25.00 be appropriated to build a plank crosswalk across Geddes ave. at the corner of Oxford st, and for necessary grading for sidewalk on west side of Oxford between Geddes and South University aves. Respectfully submitted, F. M. Hamilton, A. B. Stevens, Geo. W. Weeks, Arthur Brown, Committee on Sidewalks. Adopted as follows: Yeas- Aid. Harmilton, Richards, Koch, Dieterlp, Sweet. Brown, Weeks, Coon, Cady, Stevens, Pres. Luick - 11. Nays - None. KEI'OKTS OF CITY OFFICERS. CITY TBEASÜRER'S REPORT. Month ending Sept. 30, '98. MONEY BECEIVED. Bridge, Culvert and Crosswalk iund Koss D. J., built sldewalk for Mrs. T. Kearnes, 3d ward 530 00 For Ann Arbor SavingsBank, West Huron st, Uunter property 3 B5 For A. A. Savlugs Bank, 8 rods on Ashley Street 20 00 For W hite estáte 2i4 rods on Ashley street 10 90 Contingent fund Mills Glen V., Licenses 36 50 City Cemetery Fund Jlills G. V., Lot sold to A. II. Bucklin, lot 15 block 15 15 00 Dog Fund Mills Glen V.. licenses 32 00 Pólice Fuud Sweet, Marshall, fees for Sept.... 3 90 Street fund Eoss D. J. Gutter Pa vin? Brown, H. J 6 25 Clarken. Geo 5 00 Quarry, James 3 13 Kittridge. Mrs. K 3 13 Worden, O.H 10 00 Gwinner, Mrs. A ... 2 50 Gwinner, Wllllam 2 50 Wright. MissC 3 75 Clark, Dr. E. A ; 75 Klnsey.iDavid 8 UO Total S109 06 Balance on hand last report 8190 2l 8389 32 MONEY DISBÜRSED, WARRANTS PAID. Bridge, culv't aud crossw'lk fnnd 5 768 99 Contingent fund 1323 98 City cemetery " 67 09 Fire fuud 593 90 Foor " 86 90 Pólice " 29000 Street " 1897 51 Total S5028 37 Balance on hand S3360 9 Conditiou of City funds Sept. 1 '98. On Overhand drawn Bridge, culv't' crossw'k fund 3132 53 Contingent fund 3196 08 City ctnietery fund SOI Dog liceuse iund 303 00 State dog tax " 584 25 Delinquent tax iund 1554 27 Fire fuud 5922 02 Poor " 2252 75 Pólice ' 1874 90 Street " 462 84 University aid bond iund 300 00 Uncollected city tax 10274 28 Water fund 3472 40 Excessofcity rolls 204 83 Sidewalktax uncoilected 29 til Kejected ' " 3 58 Main sewer Appropriation 3100 00 Total 51SÖ18 11 15157 16 Balance on hand $3360 95 MONEY BECE1VED. Tax acc't lat sevrer no 3 S72 97 i " ' ' 4 18 08 ■ " " " " 5 50 86 " ■■ ' " '-6 13 13 Total 51 04 Balance on hand last report 11Ü96 41 Total 11851 45 MONEY DISBURSED, WARRANTS PAID. Amt Cr Main Sewer Fund S 14 55 Total S 1 55 Balance on hand 11836 90 Condition of sewer funds Oct. 1'9S. Main sewer fund ï S4011 60 Labor acc't lat sewer nol.... 39 90 Tax " " " " !■ 3) 83 tIT " -I::.: LS Lar ;; :; ;; ;; 3. . . . 5305 82 Labor :: ;; ;; S362i mm Labor i ;; ;; j : 93024 Labor " " " "6.... 2950 24 Tax " " " "6.... 2936 40 Labor ;; ;; ; ;; .... k Tax t . . . . y nellnquent sewer tax 451 60 Uucollected " " 437 09 Total ■ S544 0 20381 50 Balance on hand 511836 90 Labor Acct. pav. Dis No. 1....S153U2 6(5 Total S153I53 66 Balance overdraf t S15362 66 Dr Over'dft Labor Acct Pav. Dis No. 1 . . .815362 (6 Ï15362 66 Total 115362 (6 ?153(i2 66 Respectfully submitted, E. L. Seyler, Citv Treasurer. Ann Arbor, Mich., Oct. 1, 1898. This is to certify that tbere is an overdraft íd the account of Edward L. Seyler, treasurer, of onehundred sixtjeight dollars and eighty-one cents. ($168.81). Truly, W. J. Booth, Pres. Ann Arbor, Mich., Oct. 3, 1898. To the Hon. Mayor, and members of the Common Council. Gentlemen : Your board of health begs leave to make their monthly report. There have been 36 inspectlons, nearly all of such nuisances inspected abaited. We have taken particular pains to look after sickness which might be due to the water snpply, but as far as we have investigated we cannot flnd a single case of sickness due to the water of the city. There have been 20 deaths during the month f rom the following diseases:- Cholera Infantum 2 Accidental ' 1 Enteritis 1 Oíd Age 2 Kidney Disease 1 Tuberculosis : 5 Shock 1 Suicide 1 Gastro Enteritis 1 i Paralysis 1 Anaemia 1 1 Cáncer of the stomach 1 Inanition 1 1 Acute Nephritis 1 i Eli W. Moore, President H. B. Dodsley, Inspector Ernest A. Clark, j Health Officer. To the Honorable Common Council of the City of Aan Arbor. Gentlemen : Attached hereto is a report of all ordinance cases before me during the quarter ending September 30th, A. D. 1898. And. I further certify that all fines collected have beer. paid to the City Treasurer and all costs to the proper offlcers and that I have no money in my hands belonglng to the City of Ann Arbor or to any officer thereof. J ohn L. Duffy, Justice of the Peace. Subscribed and sworn to before me this 3rd day of October, A. D. 1898. Thos. D. Kearney, Notary Public. To the Honorable Common Council of the City of Ana Arbor. Gentlemen : It becomes in y duty herewith to submit to your lionorable bodythe opinión of the Supreme Court of the State of Michigan, adverse to the city's claim, in the case of Bryant Walker, administrator of the estáte of Corydon L. Ford, deceased, against the "City of Ann Arbor involving the validity of the assessment for the cost of the lateral sewer in district number 3. The opinión explains itself and vitiates the ordinance of the City of Ann Arbor passed in 1894 entitled, "Ordinance Relative to Sewers." I would recommend that a bilí be prepared to be passed at the next session of the legislature authorizing an assessment on a basis which would exclude the value of improvements, and whicb would furnish a foundation broad euough to support the ordinance of 1894 ; which would in express ternas render valid and legal all the proceedings and acts of the Common Council and officers of the City of Ann Arbor heretofore taken and had by virtue of the sewer ordinance: which would provide for the certifi catión back to the city treasurer by the county treasurer of all delinquences which have been reported to the county upon the sewer assessment rolls; and which would defer the payment of all delinquent sewer taxes for the period of four years f rom and after the passage of the act. I think such an act of the legislature would be valid and would release the City of the costly burden of á re-assessment of the sewer taxes. Dated, Ann Arbor, Mich.,Cct. 3d, 1S98. Respectfully submitted, O. E. BUTTERFIELD, City Atty. 5UPREME COURT. ) i Bryant Walker, adrninistrator of the estáte of Corydon L. Ford Deceased. -vsCity of Ann Arbor and William Rehfuss, County Treasurer. Filed September 27, 1898. This bill was filed to retrain the collection of a special assessment upon property of the estáte represeDted by complaiuant, to meet the cost of a lateral sewer. The court below dismissed the bill and complainant appeals. It is contended by the defendant that the decree should be affirmed without reference to the irregularities in the proceedings, if any, for the reason that there is no showing of fraud and the complainant waited before taking any proceedings until the work of the construction of the sewer was complete:!. Defendant cites to sustain this coutention Sundrom vs. Manistee 93 Mich., 170; Bryan vs. Detroit, 5( Mich., 56: Doodwillie vs. Detroit, 1032 3 Howell; Fitzhugh vs. Bay City, 67 N W. R. 904. We regard the rule laid down in the cases cited as salutory and just and i the facts in this case admitted of the application of that rule we shouïc apply it with great satisfaction to our selves. For although. as wlll be showi later, we feel constrained to hold tha the basis adopted for assessment wa erronious and therefore jurisdictiona! ly defective, yet we ara left in doubt a (Continued on Fourth Page.) COUNCIL PROCEEDINGS. (Continued from Third Pagre.) to whether the compiainants cestuis que trusts have reallv suiïered any substancial injury by reason of this departure. We flnd, however, in this case an admission of record that the complainant had no knowledgro of these proeeedings until long after they were taken and feel that we cannot in view of this admission ignore tlonal defects without doing violence to established principies. We need discuss but one defect in the proceedings, Local act 313 of laws of 1895 provides, "That all lateral and connecting- sewers may be constructed at the cost and expense of the lande, tenements and premises adjacent thereto and benefited thereby, and the cost thereoi may be levied on and assessed against such lands, tenements and premises, and collected from the owner thereof by foofc frontage, accorciinËr to benefits, or by land values as th Common Council shall or may determine by ordinanee." Tne record shows that the assessmeQt was made on the basis of the vame of each parcel "exclusive of improvenients erected thereon," While it was doubtless competant for the legislature to have authorized an assess. ment on a basis which would exclude the value of impróvement, (Cooley on Taxation, 456) the statute in question does not do so but authorizes an assessment based upon the value of the land. Land of course includes the structures and improvements thereon. Blackstone, 2nd Book, p. 12. It follows that the basis adopted was unauthorized and the assessment was jurisdictionally defeetive. The assessment must be set aside but without prejudice to a reassessment if the city shall be advised that one may be lawfully made. Complainant will recover costs against the city. The other Justices concurred. STATE OP MICHIGAN,- ss. I Charles C. Hopkins, Clerk of th Supreme Court of the State of Mich igan, do hereby certify that the an nexed and foregoing is a true anc correct copy of the opinión now on file in said Court in said cause ; that I have compared the same with the original and that it is a true transcript therefrom, and the whole of said original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said Supreme .Court, at Lansing, this 28th day of September, A. D. 1898. Chas. C. Hopkins, Clerk. Aid. Coon moved that the recom mendation be concurred in by the council. Adopted as follows : Yeas - Aid. Hamilton, Eichards Koch, Diaterle, Sweet, Brown, Weeks Coon, Cady, Stevens, Pres. Luick - 11 Nays - None. To the Hon. Board of Public Works oí the city of Ann Arbor: Gentlemen: - You have requested my opinión as to the power oí the city to compel the owners of property includeo in paving district Nos. 1 and 2 to adjust the sidewalks in front of their property to the grade of the street as paved. The charter gives the council power to establish and change the grades of streets and sidewalks and power to cause the sidewalks to be constructed in accordance with the same. In cases wnere no grade is to be found of record it probabiy would not be denied that the council would have the power to establish a grade above or below the present sidewalk and eompel the property owner abutting thereon to conform the sidewalk to the grade. In cases however, where the sidewalk has been constructed in accordance with an established grade, some question has been made as to the power of the city to compel the abutting owner to conform the sidewalk to a ehanged grade without rendering compensation íor the damage sustained, but it is the settled law of this state and has not been questioned by the eourt of last resort since 1875 that no action will lie against a city for damages for the injury to adjacent property caused by a change havmg been made lawfully, by the proper city authorities in the grade of a public street. The particular hardship may be made more manifest, but the principie is not aflected by the circumstance that the grade of the street had once before been fixed, and that the property owner had built with reference to it. This might be a reason for the exercise of great caution and prudence in determining upon a change, but it could neither deprive the city of the power to establish a new grade, nor could it bring into the case any new elementa weich could constitute the basis of a right of action. A city cannot even by contract, deprive itself of any of its legislative powers; they are conferred upon it to be exercised again and again as long and as often as occasion shall require. There is precisely the same reason and the same justification for changing a grade once established, when the public convenience is fouud to require it, that there was in fixing a grade in the first place where it was then beheved it would subserve the public couvenience. The circumstances of towns, as they bear upon the propriety or eonvenience of a grade, must often change with its growth, and what was suitable for a small settlement becomes wholly unsuitable when the town has outgrown the expectation of its founders. The reasons for a second exercise of a particular legislative authority may often be quite as imperativa as those requiring the first. The injury in all cases is incidental to an exercise of public authority, and in the language of the law is "demnum absque injuria." In connection with the assessment of the cost of' the pavement in districts No. 1 and 2 certain facts have been brought to my notice which it may aot be unwise for me to mentios. I am informed by a communication from your city engireer under date of Sept. 29, 1898, and referred to me by you, that the estimated cost of the pavement in the two districts as given by the engineer to the Board of Review and as embodied in the certifícate of the common council to the assessor, included the cost of placing all sidewalks upon a grade to conform to the grade of the street, and all filling between the sidewalks and the curb stone with cement. This work is not properly a part of the paving improvement and could not under the ordinance relative to street paving be included in the estimated cost of the improvement for which the special assessmeut roll could be made. Very respeetfully yours, O. E. BUTTERFIELD, Cicy Atuirney. Ann Arbor, Mich., Oct. 3rd, 1S98. Referred to theSidewalk Committee. To the Hon. Cornmon Council of the city of Ann Arbor: Gentlemen : I have the honor herevvith to submit a draft of a proposed contract betvveen the city and the Michigan Central Raüroad Co., relative to tüe overhead bridge on Detroit st., in accordance with your resolución passed at a lormer meeting, and also a letter communicated to the council at the second meeting in May and a letter from the Company which was enclosed witn the contract. You have been advised by my predecessor not to enter into any formal contract relative to the subject matter herein contained and I therefore submit the draft and letters without recommendation. Dated, Ann Arbor, Mich., Oct. 3rd, 1 SQS. Respectfully subniitted, O. E. Butterfield, City Attorney. ' O. B. Butterfield, Esq.. City Attoroey, Ann Arbor, Mich. Dear Sir: Inclosed herewith, as requested, flnd draft of contract which this company is willinsr to make, whereby it wlll assume in the future the maintainance of the entire structure of the overhead bridge on Detroit st., and will waive claims which it has against the city for repairs to the same in the past. It meets the popular demand of your city and, I trust, will be accepted as a concession on the part of this company. Kindly advise me whether the city desires to enter into such an amendatory contract, or will merely hold the letter heretofore submitted to the city as an assurance on the part of the company that it will hereafter maintain the bridge. Awaiting advices, Yours truly, Henry Russel, General Att'y. Michigan Central Railroad Company. Legal Department, Detroit, Micb... May 4, 1898. John F. Lawrence, Esq., Attorney. Ann Arbor, Mich. Dear Sir: ín reply to your letter of Maren llth, 1898, in regard to the controversy which has arisen between the city of Ann Arbor and this company relative to maintenance of the overhead bridge: We have had the situation carefully looked into, and in view of your suggestions and all the circumstances, I am authorized to say that, for so long as the situation remains unchanged - that is, with the overhead crossing at Detroit st. and no dangerous grade crossing within the depot grounds - this company willassume, at its expense the maintenance and repair of the entire bridge, and will not present claims which it has against the city for expenditures made upon the bridge in the past. Upon reoeiving the assurance of the city that it will take over the approaches on either hand and maintain and care for them as a part of the roaüway, we will enter into a iormal agreemeut modifying the present contract in the above respect, or we will consider this correspondence as such an amendment and let it go at that Yours truly, Henry Russel, General Att'y. Articles of Agreement, made and entered into this day of , A. D. 1897, by and between the Michigan Central Railroad Company, a corporation organized and existing under the laws of the State of Michigan, party of the first part, and the city of Ann Arbor, a municipal Corporation organized and existing under the laws of said State, party of the second part. Whereas, a certain contract bearing date March 26th, 1886, was enterad nto by and between the parties hereto elative to the construetioa of a certain sridge over the right of way of the aid railroad company on Detroit street n said city, under which agreement iflerences have arisen between the )arties hereto as to the respective du,ies of the parties in respect to the maintenance and repair of the floor of aid bridge, the said city contending .hat it is the duty of said Railroad Co. o repair the floor of said bridge, while ,he said Railroad Co. contends that it s the duty of the city so to do ; Now, therefore, this agreement witnesseth that, in order to do away with uch cause of controversy, the said jarties hereto have amicably agreed iod do hereby agree as follows, to wit: 1. That said party of the first part hall, forso long as no grade crossing s established within the depot groands f said railroad company at Ann Arbor, maintain and repair, at its expense, he entire bridge aforesaid. and will not present claims which it now has againstthe city aforesaid for expenditures made by said railroad company upon said bridge in the past. 2. In consideration of the above buren hereby assumed by said railroad ompany relative to the bridge aforeaid. the said city, said party of the econd part, will at all times in the uture maintain and care for the aproaches to said bridge upon either ïand as a part of the highwav. 3. It is understood by the parties ïereto that this agreement is a modication of the said contract of March 6th, 1886, existing between the parties e reto. Witness our hands and seals the day nd year first above written. Mich. Central Railroad Co. (seal) By , Pres. The City op Ann Arbor. (seal) By . Aid. Coon moved that the Mayor and Clerk enter into the contract with the M. C. R. R. Aid. Hamilton moved as a substitute hat the contract be laíd on the table. Adopted as follows ; Yeas- Aid. Hamilton, Richards, Koch, Dieterle, Sweet, Brown, Weeks. Coon, Cady, Stevens, Pres. Luick - 11. Nays - None. Aid. Brown moved that the City Engineer prepare a map of 3rd street giving the location of Christian Mack's lot. Adopted as follows : Yeas - Aid. Hamilton, Richards, Koch, Dieterle, Sweet, Brown, Weeks, Coon, Cady, Stevens, Pres. Luiok - 11. Nays- None. Aid. Brown moved that. the subject of connecting with sewerg on 13th st. be referred to the sewer committee. Adopted. -B.v Aid. Brown: Resolved that the general re-registration of voters for the several wards Of the city of Arm Arbor to be held Tuesday and Wednesday November lst and 2nd 1898 be and the same is hereby appointed to be held in the several wards of the city at the following places, viz : First ward, Germán School building, Washington st. and N. Fifth ave. Second ward, Sid W.Millard's office, 111 W. Liberty st. Third ward, basement of Court House. Pourth ward, Engine House. Fifth ward, ' " Sixth ward, " " Seventh ward, Weinberg's shop rear 904 S. State. Ánd be it further resolved, that the City Clerk do give notice of eaid registration pursuaat to law. Adoyted as follows: Yeas- Aid. Hamilton, Richards, Kooh, Dieterle, Sweet, Brown, Weeks, Coon, Cady, Stevens, Pres. Luick- U. Navs- None. By Aid. Sweet; Resolved that the Board of Public Works be directed to advertise for bids for constructing1 a storm aewer on Washiugaon st. between 5ih ave. and Main st. Adopted as follows: Yeas- Aid. Hamilton, Richards, Koch, Dieterle, Sweet, Brown, Weeks. Coon, Cady, Stevens, Pres. Luick - 11. Nays - None. By Aid. Koch; Resolved that the bowling allev at 308 S. Main st. be and the same is hereby declared to be a public nuisance whenever the same is open for bowling af ter 10 p. m. standard time; and the pólice department is hereby ordered to abate the same after the hour of 10 p. m. standard time. Adopted as follows: Yeas - Aid. Hamilton, Richards, Koch, Dieterle, Sweet, Brown, Weeks, Coon, Cady, Stevens, Pres. Luick - 11. Navs - None. By Aid. Richards : Resolved that the petition of Mose Seabolt aud others to have their name stricken froin the petition for the open ing of Catherine st. be granted. Adopted as follows: Yeas- Aid. Hamilton, Richards Koch, Dieterle, Sweet, Brown, Weeks Coon, Cady, Stevens, Pres. Luick- 11 Nays - None. Aid. Cady moved that the Counci take up the subject of opening the alley in the rear of John Wagners's on Main street. Adopted as follows : Yeas - Aid. Hamilton, Richards, Koch, Dieterle, Sweet, Brown, Weeks, Coon, Cady, Stevens, Pres. Luick- 11. Nays - None. Aid. Hamilton moved that the prayer of the petitions pi-otesting against the alley be granted. Lost as follows : Yeas- Aid. Hamilton, Richards- 2 Nays - Aid. Koch, Dieterle, Sweet. Brown, Weeks, Coon, Cady, Stevens, Pres. Luick - 9 Aid. Cady moved that Couneil order the proper proceedings taken to open the alley between Main and 4th Ave. running between Liberty and Williain Streets. Adopted as follows: Yeas - Aid. Koch, Dieterle, Sweet, Brovvn, Weeks, Coon, Cady, Stevens, Pres. Luick - 9. Nays - Aid. Hamilton, Richards - 2. On motion the Couneil adiourned. City Clerk.