Council Proceedings

I OFFICIAL.] COUNCII. CHAMBEE. ) Ann Arbor, Nov. 16th, 1896. Regular Scssion. Called to order by President Hisoock. Roll Calicd. Quorum present. Absent, Aid. Kocb, Soule, Cady. PETITIONS AND COMMUNICATIONS. A petition signed by i'Ved Heusel and seventeen others asking for an electric light at the córner of Jeiïorson and First streets was read and referred to the Lighting Coramittee. A' petition signed by Johri M. Wagner and six others askinj; for the improvement of south Main-st. was read and referred to the Street Committee. A communication from the Board oí Public Works relative to the covers for flush tanks and man holes of the Sewer System was prcsented and referred to the Sewer Committee. REPORTS OF STANDING COMMITTEES. STUKKTS. To the Common Council. Your Committee on Streets to whom was referred the grade on Oxford St. would report adversely to the establishment ot such grade, and further, your committtee would recommend that the catch basin on the west side of Detroit street oear Depot be moved soutli to the north end of tbe park. Respectfully submitted Geo. L. Moore, H. J. Burke. J. A. Dell, M. Grossman, W. M. Shadford, Committee on Streets. REPOBTS OF. CITY OFFICERS. Ihe reports of the City Treasurer, Chiei of Poiice, Superintendent of the Poor and Chef of the Fire Department were read and ordered placed on file. Ann Arbor, Mich., Nov. 16, 1896. To the Common Council of the City of Ann Arbor, Mich. Gentlemen : - This is to certify that there was on deposit in this Bank to the credit of Chas. H. Manly Citj Treasurer on the Ist day of November 1896, the sum of tvventy-one thousanc forty-seven and 43-100 dollars $21047.43. Respectfully, M. J. Fritz, Asst. Cashier CITY TREASURER'S BEPOIIT. Balance on hand, last report Í23281 2 MONEY RKCEIVED. Contingent funcl Qlen V Mills [Ícense í 50 Street fund Pavine stone Detroit si ... 2 50 Mrs Bodnier sidewalk' tax. . t 39 Brlck sold se wer con tractor ' 28 56 Dog llcense G V Mills license 5 00 Pólice fund A E Gibson Justice fees.. 5 00 Cemetery fund Nelson Garlinghouse 10 00 56 95 Total $ 33338 23 MONEY DISBÜHSED. Contingent fund warrants...$ 1071 05 Street fund 2054 36 Foor fund 37 80 Bridge, Culvert and Crosswalk fund 13(19 98 Pólice fund 26S 00 Firemen's fund 701 2 City Cemetery fund 21 75 5704 16 Total , Í17574 07 BALANCE OS HAND Contingent fund ï 7452 015 Main Bewer bond fund 3300 00 Street fund 556 07 Poor fund 2193 01 Bridge, Culvert, and Crosswalk fund 819 35 Pólice f unfl 1ÍW) 02 Firemen's fund 577:) Í17 City Cemetery fund 50 10 Water fund 4782 40 Do;; Tax fund 194 00 University Hospital Aid Bond Fund 3240 00 Delinquent Tax Fund 790 44 Uncollected City Tax I0S08 77 f39626 63 11952 56 11952 56 Total - $ 17574 07 SEWEII REPORT. Oct. 1 Amount on hand ! 6H 11 MONEY RECEIVED. Oct. 31 Gtoneral sewer license U V .Mills ('lerk $ 42 00 Oct 31 Tax account Sewer District No 3 143 95 Oct 31 tax account Sewer district No 5 244 02 42K 7 Total amount recei ved... ? 7240 08 MONEY DISBÜRSED. October 31. Labor acc't Dist No 5 warrant spaid 357(5 14 Labor acc't Dist No. 3 warrauts paid 117 34 Total amount disbursed... 3893 48 3693 48 Total amount of sewerfund on hand $3546 60 BALANCE ON HAND. October 3!. Main sewerfund S 10126 59 Labor ac't lateral sewer Dist. No. 1 3!) 90 Labor ac't lateral sewer Dist. No. 2 27 28 Labor ac't lateral sewer IMsl. No. 3 4232 40 Labor ac't lateral sewer I list. No. 4 .' 252 73 Labor ac't lateral sewer Dist. No. 5 790136 Labor ac't lateral sewer Dist. No.6 3 95 Tax ac't lateral sewer Bist. No. 1 715 22 Tax account lateral sewer Dist. No. 2 1217 30 Tax account lateral sewer Dist. No. 3 933 83 Tax account lateral sewer DistNo. 4 1024 16 Tax account lateral sewer Dist No 5 2018 86 üncollected sewer tax 9t 20 16067 19 13520 59 1282 59 Balance in sewer funds 3546 (i0 All of vvhich is respectfully submitted, C. II. Manly, Nov. 14, 1896. Treasurer. To the Comtnon Couuoii: Gentlemen: - In reference to the opening of 12th street between Huron and Ann streets referred by you to me I desire to make tho following report : I The property in question was platted in 183S by E. W. Morgan and Lucy W. S. Morgan and the plat is recorded in Líber P of deeds on payo 5. This plat ! clodicated to the city certain lands for j streets and among tliem was the street in quoatior. The city never accepted said lands and could only accept them by some I formal cesolution or by entering upon j them and performing vvork there on. The city acquired the right and title to these lands if it saw fit to accept - them. Not having accepted them j in a reasonable time which our court has held to be ten years, it has lost its right to accept them now and said street can only be opened by the. purchase of the right of way or condeinnation proceedings. These views are fully sustained by the decisions of our Supreme Court. Io the case of Field vs. the Viliage of Manchester reported in 32 Mioh. on page 279 the court says, "There must be an aceeptance on the part of the public. Wben a person in plattinK ! property mapa out streets thereön the ! authorities may accept them in whole j or irt part. 'I'hey may take and use what the public necessities, in their opinión, require and they are not bound thereby to assume the burdens and responsibihties of opening, grading and keeping in repair the other portions. In case they do not however within a reasonable time accept of the streets thus olfered to be dedicated the owners of the lands fronting tliereon may again take possession of the property and treat it as though in all respects no offer of dedication had ever heen made." In the case of Cooper vs. Detroit 42 Mich. 584 the Court says, "We have found no authority and we think none eau be sustained on principie which holds that when a highway or any part of one has been actually extinguished and turn to other uses there is any way of renewing it without the sama methods of dedication or uses which would turn any other lands into public ways. " In the case of the City of Detroit vs. Beeeber 75 Mioh 469 the court says, "Something more than a mere offer of dedication by is necessary in order to give the public the right of a Street or highway. There must be an acceptance on the part of the public; and an acceptance of a part is not au acceptance of the whole." I oould cite many other decisions of our Supreme Court sustaining my position in this matter and I must hold that if the City desires to open said street it must proceed just as though no land was ever dedicated for that purpose. Respectfully submitted, Thos. D. Kearney, City Attorney. RES0I.ÜTI0N3 By Aid. Coon. Resolved, that the Board of Public Works be directed to repair all defective cross wal ks in the city with plank or einders. Adopted as follows: Yeas.- Aid. Maynard, Moore, Grossman, Laubengayer. Dell, Burke. Brown, Shadford, Rhodes, Coon, Danforth, Pres. Hiscock.- 12. Nays. - None. By Aid. Moore. Resolved, That the city clerk be, and is hereby directed to ádvertise for bidsforthe s ule of the sewer bond s in sewdr district nurabsr five. Adopted as follows: Yeas- Ale. Maynard. Moore, Grossman, Laubengayer, Dell, Burke, Brown Shadford. Khodes. Coon, JUanforth, Pres. Hiscock.- 12. Nays- None. By Aldertnan Moore. Resolved, that the Pinance Committee be instructed to secure a janitor for the city building for the ensuiog year. Aid. Dell moved that resolution be laid over until the next regular session. Adopted as follows: Yeas - Aid. Maynard, Moore, Grossman, Laubengayer. Dell, Burke, j ford, Rhodes, Coon, Danforth, Pres. Hiscock.- 11. Nays.- Aid. Brown.- 1. By Aid. Maynard. Resolved, that the President of the Counoil appoint a special committee of three to act with the City Attorney ' and proccel against violators of the I election laws in our city. Adopted as follows : Yeas.- Aid. Maynard, Moore, Grossman. Laubengayer, Dell, Burke, Brown, Shadford, Rhodes, Coon, Danforth, Pres. Hiscock.- 12. Nays- None. On motion the Council adjourned. Glen-."v'.Mills. ; City Clerk.