Meeting Of The Common Council

Au adjouriied meeting was held laat Friday evening, for the purpose of considering the report of the Water Conimittec and other lmsmcsa. Present tul! board. A oommuoiaation was received from O. V. SharploBS, agent at the M. O. R. R. depot, asking that pólice authority be ceuforred on Chestar Oooper, uiglit watcliman at the depot. On motion of Aid. Wood, C. H. Cooper was appointed special pohceman. Ou motiou of Aid. Rhodes, bill of S. H. houluss for inoney loaned the city to moet ovenhaft on General Fund, amouutmg to $2,37Ö was allowed, aad warrauts ordorod drawn for the amount. A communication waa received from H. D. Bennett, Sec'y of Board of JRogents of the Uuiversity, asking permission to use the streets or the purpose of laying pipes, &c, for suplying the Uuiversity with water. Ou inotion of Aid. Walker, the communication was laid 011 the table till next meeting. On motion the report of the committee on Water-Works Resolutions, submitted at the meeting of Feb. l"th, was aecepted and the committee discharged. Aid. Cate submitted draft of an ordinauce as a substituto for the report of the commitee, and moved its acceptauce. A recess was taken for communication on esolutious of Aid. Cate. Upon reassembliug motions were made to )ostpoue consideration of the resolutions to uext meeting and to have theru printed aud .istributed. Both motions were declared lost The question recurnug on the acceptance of Aid. Cate's resolution, the motion. was lost by a vote of 9 to 3. City Attorney submitted amendments to rdiuance presented by committee at the meetng of the 12th, and addrossed the Couucil in avor of the ordinance and the proposed uieiutment.i. Aid. Poiter also presented amendments to ie ordinauce which were refrered to the City Attorney. Leave beiug granted, Messrs. R. S. Smith, i. A. Beal, Chas. Tnpp and J. Q. A. Sessions ddressed the meeting on the water question. The Couucil adjourued to Tuesday evening, Feb. 23. ANOTHEB ADJOURNED MEKTINO. Council met Tuesday eveuing pursuant to djournment. City Attoruey submitted legislative bill, proosing amendments to charter. The water ordiuauce was taken up and proosed amendments acted ou. The amonded rdinance, as it now stands, is as follows : 'he Mayor. Kecorder and Alderiaen of the city of Aun Arbor, iii Comiuon Couuoil assembled, orduin and declare that the resolutions passedby this Couucil 011 the twenty-sixth day ot October last past, inviting sealed proposals for furniahiug said city with water for municipal purposes, shall be ana are hereby amended and supplemented by Bubstituting therefore the following: Resolved, Firt-t. That it is expedientto haveconstructed in aid city oí' Aun Arbor, works for the purpose of ipplying said city and theinhabitantsthereoi' with ater, but that it is inexpiidient for said city, under ie power grauted in its charter, to build such orks. Sccond. That, as an inducemcnt to the formation ' a Company for the purpose of coustructiug and leruting such works, this Council will, for tliirty ays next ensuing the passage hereof, advertiee lor id roceive sealed proposals, each to be signed by . least five responsible bidders, for furnishing said ty with water for public or municipal purpuses, r the period or term of twenj,y years, with the rivilege to said city of an additional term of not ess thaii five nor more than nine years, at a rate, or or a consideration, uot exceeding five thousand ollars per aunuui, in the manner and 011 the terms nd conditions more particularly specified iu the ext bucceeding resoiution. Third. That thia Council, in behalf of said city of nn Arbor, undertakes and obligates itself to conact lor the supply of water aforesaid, in the maner above and hereinafter specified and provided, ith the iowest responsible bidders for furnishing ueh supply, by sealed proposals aforesaid, when and soon as such bidders shall have coinpleted their gauization as a Coinpany for the purpose of supying said city and theinhabitautsthereof with wa■er, agreeably to the proviaions of an act of the Leglature of the State of Michigan, entitled, " An act authorize the formation ofcompanies for the iutrouction of water into towus, cities and villages iu ie State of Michigan," approved April 3, 1869 : 'rovided that such company shall, on its part, objate itself to build and complete in said city of .nn Arbor, within one year from the date of such ontract, works oí sutücient capacity to reasouably nd properly supply said city and the inhabitauts lereof with watur, and withiu the same period, to roperly and permanently lay down in said city at east furty-eight tliouand feet of street main suiiicient strength and size to adequately nd at all times furnish water for fire duty nd protection in said city, in additiou to all that ay al the same time be reasonably requtred for doestic use ; and to furnish, couuect and permaneutr eet in suitable and sutficient frost-cases, for the se oí said city, sixty good and suflicient first-class ire hydrants, witb two two-and-a-half-inch nozzles ach, to be located by the authorities of said ty, ou the line of mains that shall have been esblishcd by such company ; and thereafter, at all mes during the term or terms aforesaid, for the onsideration, not exceeding tive thousand dollars ter an huiu, proposed and accepted in manner oresaid, to fully and properly supply such hydanta witu water for the use of said city, for fire uty, uuder asufiicient uead, pressure or power, by acliinery or otherwise, to ail'ord efficiënt, connued and adequate fire protection in any and very part of said city, without the aid or use of a re engiue, üi addition to a reasonable and proper upply of water, at the same time, for domestic se ; and further, at all times during the term or ruis aforesaid, to maintain the aforesaid hydrants, ud, apon the reasonable notification of the autorities of said city, to preserve the same in good ipalt ; and further, from time to time, and at all mes d uring the term or terms aforesaid, to perit said city without additional charge therefor, o make and maintain connection of all such her or additional fire hydrants as it may elect o pro vide at its own cost, with the main or supy pipe of such company; and at all times durng the term or terms aforesaid to fully and prop-ly supply, without additional charge to said city, 1 such other or additional hydrants, with water r fire duty or protection, in manner aforesaid ; nd further, at all times during the term or terms 'oresaid, without additional charge therefore, to easonably and properly supply said city with waer, for spriukliug all such public streets in said ty, as shalï at any time be spriukled by authority, id at the expense of said city, by water carts or her vehicles for sprinkling, and for use in the onstruction of any public building or buildings ïat may hereafter be erected in said city by auïority therecf, or by authority of any School oard thereof ; and for use in all public buildings uil shall at any time during said term or terms, e owneu by or be under the control of said city, r under the control of any School Board wholly r iu part of said city, or of either of the wards ïereof, and also for the maintenance of at least ne public fountaiu, of capacity to discharge not nore than five thousand gallons per day, to be ucated by the Common Council of said city; on conition that such company shall not be required. to xtend its mains beyond the 48,000 feet aforesaid, 'or the purpose of supplying water for any of the ast mentioncd purposes, except upon the guarutee hereinafter mentioned ; and further, of ie street main to be laid within one year 'rom the date of such contract, in manner aioreaid, to lay at least two thousand and five hundred 'eet south of Liberty street, between Main and ;,ate at reets, in the First ward of said city; two housand and five hundred feet on Liberty and !uron streets, west of First street, (one-half on Aberty street), in the Second ward of said city; eight ïundred feet on Müler Avenue, west of the iunction f said Avenue with Spring street, ana that a reet main be laid on Spring street, from Miller Avenue to Hiscock Street, 111 the Third ward F said city ; two thousand and five hundred eet north of Ann street and east of Detroit street, n the Fourth ward of said city : and two thousaiid nd üve hundred ieet east of State street, in the ixth ward of said city ; and further, wlthin said ne year from the date of such contract, to invest n the proper constructiou of such water-works, inluding the cost of any real estáte necessary for nat purpose, and of the sixty fire hydrants aforeaid a suin not leas than one hundred thousand ollars, and thereafter from time to time during üe term or ternas aforesaid, and the continuance f such company, according to the growth or ïecessities of said city, and such company eceiving reasonable guarantee of a gross return í' not lesa than ten per cent. per annuin on 11 necessary increase of expenditure or investnent beyond the amouBt of all previous investment r investraents to enlarge the capacity of such works nd the exteut of such street main so that said ity and the inhabitants thereofmay at all times e properly and fully supplied with water for all municipal and douiestic purposes; and further, .nat the water to be furnished by such eompany, hall, for fire protection, be l'ree from all solid substances on ita admission to the mains, and for domestic use, shall so far as practicable, by filtraion or other means, be rendered free from organic matter, and reasouably and properly innoxious and whuleaome. Fourtft. That bidders under these resolutions shall aubmit with their bids, respectively, ipeciftcatioiiB showing the material size, weight. strength, extent and capacity of the several niains proposed by them to be laid, the projosed distribution, locatioa and mauner of laying such uiaius, the aggregate per dieui capacity in gallons, of the worfcs oy them proposed to be ■onstructed, aud the head or pressure at the tiydranls, in the different localitiea or división of said city, under which they propose to deliver water i'or fire protection; and sucn specitications answering substantially the provisions of the preceeding resolutions in the judgment of the Comnion Council of said city, and accompanying the loweet bid, quality of proposed works relatively considered, shall be accepted by said city, and inade part of the contract with such compauy. Fifth.- That as a further inducement to the formution of such compauy, thia Council further obligateb atiid city, expressly to exempt such company, at its option, t'rom. all obiigution to extend lts Btreet main into or within the Fifth "Wurd of aiiid city until Buch time or timei aa the inhabitanta of said wurd, or Baid city shall öütiafiLCtorily or suificiently guarantee to such compiiny a groes relurn of ten per cent. per aunum on the necessary actual cost of any proposed or desired extensión of mam, into or within said wurd, reserving to said ward until such exteuaion of main bhall be made thereto, and at all times to the part or parts of said ward uot suppHed wit water from or beneflted by such works, equ table exemption, under the proviaiona of uectio eeven of title tive of the oharter of Baid city, from the imposition of taxea for defraying the expense of water aupply to aaid city, under the oontraet heiefor with Biich eompany ; and further to graut y Ordmunce, to Huch eompany, when duly organzed in nimmer aforeBttidtnd VoiHrm-tintr with Btdd jity in rnauner aforesaid, all such riLht to ihe dm (1 ihe (jtreet, alleys and public groundsof sitiil city, as ahall be necmwiry to en;tble wucli oompauy to )ropciiy oonstruot, enlarge, extend and opérate the aforeaid worku, onbjeot only to aueh just and rt;i i mable tt-rms, restriotions umi Hmitations, au ara contemplated by the provisiormot the torestiiil aoi ; ind further, at the VSQUwt of such nonimny, fTOtO iinetutime during aid term or terina, to pass all uob Ordinances authorized by the charter of said ity, or the act aforesuid, and not inoonahtent with ,he true intent ot' these reaolutions, tis may bc neessary for the dueprotection of the property, rights ind franchises of uch couipuuy ; and further ut all irnea during Haid term or terms, auch comjatiy lontracting with aid city, in manner aforesaid, uw) ;eeping and pt'rloriuiiig all undertakinss, cuvfiiants and oonditionw on ils part by the tm-m of nuch contract to be kppt and piiiformrd, aud annuaily, at the requeat of the Coramon Council of said dty, reudnring thereto, under the oath of the President and Secretary of such compiiny, a trui1, full, md ompleta report ol all cost.s of coustruction, oxtenioii and repairs of such watw-works, and of all the operatiiitf oxpenneM, payments of ïntorust, receipts, md taxes, dividends and proftt of such f!omany, or the year next precedirp, and at all times at he request of aaid Ooramon Council or of auy omroittee thereof, ruakin full exhibit of the Kmkti, records and files of such eompany, and of the transactioiia and affaire thereol ; to exompt such eompany, from the imposition of any retrictiou in respect to rates or charges for water onteiuplated by section 15 of the aforeaaid act, that would, ïf imponed, prevent such eompany from realizing an aunual net incomo, gain pr prorit, over and aboye operating expenses, all taxes and epaira, and interest on money borrowed, if any, qual to fifteen per cent. on ita capital stock reprelentedbythe actual oost of the construction, enürgement and extensión of such worka ; and fnr,her, auch eompany contracting and performing in manner aforeaaid, and rendering report, and making exhibit in manner aforeeaid, to make uarterly adjustment and paymeut of the sum iue to such eompany under suoh contract, on the irst Monday in January, April, July and Cctober, n each and every year durinp: said term or terms, rom and after the completion of such works, y oblig-ation of aaid city, payable on the first day of February next, after the date of such adjustaent, and to iuclude in :he flrsadjuatment, pay or any and all water that shall have been f urnished aidcity by auch eompany before the fulï compleion of Buch works, juwtly in proportiou to the time of aupply and the uumber of hydrante that ahall lave been eet aud auppliea in pursuance of such ontract : Provided, and it ia further resolved : Sixth.- That any contract that shall be made in lurauance of these reaolutions shall be upon tho xpreaa condition that there is, and shall be at all imes, reserred to said city, full right, and authony, except as provided in the laat precedint? resoluïon, to preacribe aud enforce all auch regulationa, eatrictions and limitations upon the eompany with rhom such contract ahall be made, aa said city may deern necessary and proper to protect the inhabi ants of aaid city from the iraposition of undue or xceasive ratea or charges for the supply of water ; nd upon the further condition, that in case aaid ity shall at any time after the expiration of ten rears from the concpletiou of &uch worka, deem : desirable to own and opérate such worka, it hall have the right upon twelve months notice ;o purchase from tmch eompany all its property, rights and privileges, at auch price as may be greed upon between said city and said eompany, r aa shall be aacertained in the manner provided n Seetion 16 of the aforesaid act, not exceeding the ctual coat of such works with increase thereon, rom the time of investment, or investmenta resectively, at therate of tifteenper cent. perannum, ess the amount of any dividend or dividnnds at any ;ime paid to the stockholders of said eompany, and f all accumulated, reserved or reinveated profits oí iuch eompany, with interest thereon at the rate of en per cent. perannum, from the time the same were made or realized, respectively.