Meeting Of The Common Council

A special meeting of the Conncil was held Ias1 Friday evening. Preáent, a fnll 1oard. Mayor Beakes stated fchat the object of the meeting was to hear report of V;ti. r Oomitici! , and ateo recommended that action be taken to procure a legislativo act authorizing the Counoil to issue b wairaut tor $2,300, tho amount oí overdraft on the General Fund, and that the saino bo paid OU Uiu first day of February next, and that tho minuut be placed in iht! tax roll for 1876., On motion of Aid. Seabolt, the City Atlorney was iliructed to prepare au act m contormity with tho Mayor's rticoinmtiiidution. City Atturnuy Urauger Erom the Committee on Water Supply, aubmitted the tbUowiug report : Tho Mayor. Rc. nier and VWrmen oí the city of Aun A rliur, in I 'mmimu omití) BABeinbled, ordaht and declare fchat the resolutione paased by this ( 'otincii m the twenty-sixth day of October last i;i-i, uiviiin sestod proposite for furnishing said city wit h vator for municipal purposes, shall be ana are hereby amendvd and suppletnented by substituting therefore the folio wing: ites"i ■■{, First. That i(. in exnedieni to have conBtructed In naitl city of Anu Arbor, works fox the purpose ï tupplying said city and theinhabitanta thereefwith water, bul thai il is inexpedient for said city, under the power granted In tta charter, bü build mirh worka. Second. That, as an inducetnent to the formation of a Company tor the purpose of conSlrucUng and operating such works, ihis Council will, forthirty days next ensuing the passage ereof, advertiae for and n'ci'ivc sealèd proposals, each to be signed by at least flve reeponsible bidders, for fuxnüming a&id city with water for public or ruunioipal puxposes, for the period or ferm of twenty years, with the privilege to said city of au addiuonal term of not less than five nor more than tes years, at a rate, or for a consideration, not exceedlng five thousand dollars por nnnuin, in the manner and on the terina and conditions mors purtienlarly specified in the next Bucceeding resolution. Third. That tbia Council. in behalf of said city of Aun Arbor, undertakes and obligate iteelf to contract (or Uit supply of water aforesaid, in the manner abovn and hereinafter Bpecifled and provided, with the loweat responsible bidders foT ñirnishtng Buch snpply, bysealed pToposateaforeaaid, wbenand as bood a.s sucn bidders sIkiII have eompleted their organiza! on is ;i ( 'oinpany for the purpose of supplj Liig Miid city and the inhabitants thereof with water, agreeably to the provisións of an act of the LegislaLuic of the State of Michigan , entttled, " An act toauthorize the formation ofconipaniesfortheintroduction of "water Into towns, oitiesand villages in the State of Michigan," approved April :ï, 1H69: Prorided that such company BhaU, on its part, obligate itaeif to build and complete in said city of Ann Arbor, within oue ycar from the date of such i oni ract, works oí sufficient capacity to reasonably and properly supply said city and the iuhabitants thereof with water, and within the saine period, to properlyund pennanently lay down in said city at least forty-eight thousand feet of street main of sufiicient strength and size to adequately and at all times furnish water for fire duty and protectiou in said city, in addition to all that may at the sanie time be, reasonably required for domestic use ; and to furnish, connect and pennanently set in mutable and .sumcient frost-cases, for the use oí said city, sixty good and sufficient first-cla.ss üre hydrants, witb two two-and-a-half-inch nozzles each, to be locatcd by the authoritiee of said city, on the line of mains that shall have been establishud by such company ; and thereal'ter, at all timea during the term or terms aforesaid, for the eonsideratioD, not execeding five thousand dollars per aumini, proposed and accepted in manner aforesaid, to fully and properly supply sueh hydrants with water for the use of said city, for tire duty, under asuHicient head, pressure or power, by machinery or otherwise, to aftbrd efficiënt, continoed and adequate tire protection in any and erery part of .said city, without the aid or use of a fire cugine, in addition to a reasonable and proper supply of water, al the same time, for domestic use; and further, at all tunes during the term or tering aforesaid, to maintain the aforesaid hydiants, and, upon the reasonable DOtification of the authorities of said city, to preserve the same in good repair ; and further, Crom time to time, and at all times during tlie term or terms aforesaid, to permit said city without additional charge therefor, to nuike and maintaiu connection of all such othw or additional fire hydrants as it may elect to provide at its own cost, with the main or supply pipe of such company; and at all times du ruig the temor terms aforesaid to fully and properly supply, without additional charge to said city, all Buch other or additional hydrants, with water for fire duty or protection, in manner aforesaid ; and further, at all times during the teim or terms aibresaid. without additional charge therefore, to reasonably and properly supply said city with water, lor sprinkling all such public streéts in said city, as shall at any time be spriukled by authority, and at the expense of aid city, by water carts or other vehicles for sprinkling, and for use in the coustruction of any public building or buildings tbat may hereafter be erected in said city by authority therecf, or by authority of any School Board thereof ; and for use in all public buildings that .shall at any time during said trein or terms, be owneó by or be under the control of said city, or under the control of any School Board wholly or in part of said city, or of either of the wards thereof, and also for the maintenanee of at Least one public fountaiu, ofcapacity to discharge not more than five thousand gallons per day, to be located by the authorities of said city; on couditiou that said city shall, at its own charge, provide all service pipe and all extra or additioual main that may be necessary to furnish such supply ; and further, of the street main to be Iaid within one year from the date of such contract, in manner aforesaid, to lay at least two thousand and iive hundred feet Houth of Liberty street, bet ween Main and State st reets, in the First ward of said city; two thousand and five hundred feet on Liberty and Huron streets, west of First street, (one-half on Liberty .street), in theSecond ward oí said city; eigtkt hundred feet on Aliller Avenue, westof the junction of said Avenue with Spring street, in the Third ward of said city ; two thousand and five bundred feet north of Ann street and east of Detroit street, in the Fourth ward of said city and two thousand and five hundred feet east of State street, in the Sixth ward of said city ; and further, from time to during the term or terms aforesaid, and the continuance of such company, according to the growtli or necessities of said city, and sueh company receiving reasonable guarantee of a gross return of not less than ten per cent. per annum on all necessary increase of expenditure or investment over aud above the cost of the coHstruction, raaiutainance and operation of said 48,000 feet of mains to enlarge thecapacity of auch works and the extent of such street main so that said city and the inhabitants thereof may at all times be properly and fully supplicd with water for all municipal and domestic purposes; and further, that the water to be furnished by such company, shall, for fire protection, be free from all solid subetances on its admission to the mains, and for domestic use, shall so far as practicable, by filtration or other means, be rendered free from organic matter, and reasonably and properly innoxious and wholesome. Fourth. That bidders under these resolutions may attheir option submit with their bids, respectively, specifications showing the material size, weight. BBength, extent and capacity of the several luains proposed by thein to be Iaid, the proposed distribution or location of the same, the aggregate per diem capacity in gallons, of the works by them proposed to be constructed, and the head or pressare at the hydrants, in the different localities ordivisions of said city, under whieh they propose to deliver water for ftre proteetion ; and such .specifications ans wering substantially the provisión of the preceding resolutions in the judgnient of the Connnon Council of said city, and accompanying the lowest bid' shall be accepted by said city, and made part of the contract with sucn company. Fifth.- That as a further indueetnent to the formation of such company, this Council further obligates aaid city to exempt such company contracting with SHid city, in manner aforeaaid, irom the payment of all city, ward and school taxes that may at any time during said term or terms, be assesaed in said city against auch company, or the property, franchise or stock thereof, and, by paymeut or otherwise, fully indemnify and save harmlesa such company from all such taxes ; and further expressly to exempt such company, at its option, from all obligation to extend lts street main into or within the Fifth Ward of said city until such time or tunea as the inhabitiintH of said ward, or aaid city Hüall satisfactorüy or siith'ciently guarantee to such company a groes return of ten per cent. per aunum on the necessary actual cost of any proposed or desired extensión of main, into or within said ward, reserving to said ward until such extensión of main shall be made tliereto, and at al) limes to the part or parts of said ward not suppTed wilh water from or benefiled by such works, equitable exemptiou, under the provisions of section seven of title iive of the charter of said city, from the impoaition of taxea for defraying the expenses oí water supply to said city, under the contract therefor with auch company ; and further to grant by Ordinance, to such company, when duly organized in nimmer aforeuaid,and con with said city in manner aforesaid, all such right to the use oí the Htreets.alleys and public grounda of &aid city, as hall be necessary to enable such company to properly construct, enlarge, extend and opérate the aforesaid worke, subject only to such just and reason;ible terms, reatrictions and limittitions, as are contemplated by the proviaionsot the aloresaid act ; and further, at the requeet of such company, from time to lime during said term or terms, to pasa all such Ordinances authorized by the charter of said city, or the act aforesaid, and not inconsistent with the true intent of these resolutions, as may be necessary for the due protection of the property, righta and franchiaea of such company ; and further at all times during said term or terms, such company contracting with said city, in manner aforesaid, and keeping and performlng all undertakmgs, covenants and conditioDB on its part by the terms of such contract to be kept and performed, and annually, at the request of the Common Council of said city. rendering thereto, unaer tne oatn 01 tne r resident jd Seoretury of suca company, a true, f uil, and 3omplete report oí all coats of construction, extensión and repairs of auch water-worka, and of all the aperating expenses, paymenta of interest, receipts, iividends and protit of such company, for the year next precedir. g, and at all times at the requeat of said Coramon Council or of any committee thereof, makin full exhibit of the books, records and files of such company, and of the. transactions and affairs thereof; to exompt such company, by Ordinance utoresaid, from the irapoaition of any restriotion in respect to ratea or chaiges for watercontemplated by section 15 of the aloresaid act, that would, it imponed, prevent such company from realizing an annual net income, gain or proflt, over and above operating expenses, cost of extensions and repairs, and interest on money borrowed, if any, equal to uiteen per cent. on ita capital stock represented by the actual coat of the construction, enlargement and extennion of such works ; and further, unen company contracting and perfonnin in mannt-r afox"esaid, to make quarterly adjustment and payment of the suin flue to auch company under such contract, on the first Monday in January, April, July and Cctober, in each and every year during said term or term, frim and after the rompUtionofsuch works, either in cash or by obligation of said city, pnyablc on the nrst day of t'ebruary next, after the date of auch adjustment, with interest at the rate of eight per cent. per annum ; aad to iuclude in he flrst adjuatraent, pay for any ünd all water that ahall have been furnished saitl city by auch company before the full completion o suoh worka, justly in proportion to the time of sup ply and the number of hydrants that ahall hav been Rotand suppliea in pursuanceof such contract Provided, and it is further resolved : Sixth. That any contract that shallbe made i pursuance of these resolutions Bhall be upon th expresa condition that there is, andshall beata times, reeerved to eaid city, full right and author tv, except na provided in the laat precedmg renolu tion, to prescribe and enforce all such regulation restrictions and limitationn upon the company wit whom srioh oOtttract shnll be made, as said city ruay eem necessary and proper to protect the inhabi Hnts of said city from the imposition of undue or xcessive ratea or charges tor the supply of water ; nd upon the further condition that in case said ty shall elect to becorne a tockbolder in sueh onipany, in pursuanfe of the provisión of Sootion 7 oltheaforeaitid act, at any time witliin tliirty ays from the completionof mich worke, theamount f 'stook, not ezoeeamft twenty-flve per cent, of the i-hole mui. Mini in number of shnres and nominal aloe of the stook Ot suid company, applied forby aid city, hIiüII, upon payment therefor of the fiiü mount puid iu theri'on, be transferred upon tlie Koks oL MÍ6. fonipany, to siiid city ; and upon th tirthcr cimilM ion, tlnvt in mh aid rit y nhall at any -imeafterthe expiration of one year, and before lic expiration of Hve years from the completion of noli worTts, (lcm it desirnble to own and opérate noh workH, !t huil have toe right upon ninetj days otiee to pnronase from mich oompany all its proerty, ricrhts and privileges, at snoh pnce as may b inreed upon between uaid city and aid company, r as slmll be uosrtained ia the miinncr providéd n Section 10 of the aforesiid ant, not exceeding the Oto al comI of such worka with inrrease thereon, rom I lie time of invectment, or inventmente resectively, at the rate of rif teen pt-r cent. pcrannum, pas thr Hniouni of any dividend or dividend at any ime paid to the stock hol (Iers of Haid compnny, and f uil iipoumulato d and reserved profits ot eueh oompnny ; ;ind upon the further ondition that any lersonwho srinll be an offieer, stockholder, agent r ot her employé of such company nhall, if a memer of the Common Council of said city, be wholly isqunlitted for and prohibited from voting in said ouncil, on any proposition or question in any manner involving or pertaining to the interest or aimrn of such company during the time he shall coníñue to be such oflicer, stockholder, aent or other mploye of euch company, and for the period of six ïonths thereafter. On motion of Aid. Wood, it was orclered tiat 1,000 copios of the report be printed and ïrculated amoiig the citizeua, and that the onsideration of the report be made the special rder lor Friday evening, Feb. 19. On motion the Council adjouruod for one week.