Council Proceedings

( OÜHCIL CHAMBKR. j Asn ABBOB, May 7, 189Í. Í Regular session. The council was called to order by President Wines. lioll called. Full board present. The journal of the last two sessions was approved. COMMUNICATIONS FEOM THE MAYOft. To the Honorable, the (ommon Council : I have apiiolnted, subject to your approval, the following city officers: City Attorney, Tliomas A. liogle; City Treasurer, George II. Pond; City Marshal, Parrls 8. Banfleld; Hember of Board of Public Works, Alben M. Clark; Member of Board of Fire Conimissioners:. Michael Grossman; Members of Board of Health, Henry B. Dodsley, Eli W. Moore; Patrolmen, David Colllns, Reubeu Armbnister C. (-■. Daklinu, Mayor' Ald.Prettymau moved that the appointmcnts of the Mayor be received and conflrmcd in a i a_ Adopted as follows: Yeas- Aids. Wagner, Bodmer, Martin, All■nnpur, Wood, Snyder, Ferguson, Brown, Maiily. Kitson, Prcttym an, Pres. Wines, 12. Nay8- None. PEESENT ATION OF PETITIONS. Of John Hiller and thirty-eight others risking the couucil to lay out and establish a public street, four rods in width, on the Unes of Seventh street, from Madison street projecting southerly to a point due west of the center line of West street. Referred to cominitte on streets. Of George H. Hozlewood and others asking that Noble O. Tice be retained on the pólice forcé and assigned to duty on State street. Referred to coramittee on pólice. Of Uñarles VV. Dosey and others asking that a sidewalk be ordered built on the west side of Fourth avenue, between Packard and Madison streets. Referred to committee on sidewalks Of Alvin Wilsey and others askiug that Wm, Eldert be appointed patrolman and be assigiied to duty on State street. Referred to committee on pólice. Of Mrs. Byron Cheever and others asking that an electric light be located on Thompson street between Jefferson and Packard streets. Eeferred to committee on lighting. Of Thomas J. Keech and others asking that an electric light be located at the intersection of Fifth avenue and Summit street. Referred to committee ou lighting. A cominunication from William K. Childs, lst ward census enumeratur, asking that one assistant census enumerator be appointed for the lst ward of the city of Aun Arbor. Iieceived and filed. Aid. "Wagner appointed "Miss Marie E. Bruegel, assistant emmierator for the Ist ward. Aid. Manly moved tliat the appointment made be confirmed. Adopted. A communication from the school board of the city of Ann Arbor, asking that Martín Clark be appointed policemaii without expense to the city and assigned to duty as truant officer. Aid. Manly moved that the request asked for by the School Board be granted. and the Mayor is hereby authorized to nominate Martin Clark or some other suitable person to the lar pólice forcé, subject to the approval j of the Council. Adopted. Tlie íollowing bids were received and read by the Clerk, for the city's money: The Ann Arbor Savings Bank will pay interest on daily balances at the rate of 4 52-100 per cent, and charge five per cent on overdrafts. The Farmers' and Mechanics' Bank will pay interest ou daily balances at the rate of 4 12-100 per cent, and charge j the same rate on overdrafts. The State Savings Bank will pay interest on daily balances at the rate of 4 per cent, and charge 6 per cent on overdrafts. Aid. Wood moved that the bid of of the Ann Arbor Savings Bank be aeeepted and said bank file the sary Donü ot S58U,UÜO. Adopted as follows: Yeas- Aid. Wagner, Bodmer, Martin, Allmendiiiger, Snyder, Ferguson, Brown, Manly, Taylor, Kitson. Pret: tyman, Wood, Pres. VVines- 13. Nays - None. KEFOKTS OF STANDING COMJIITTEES. FINANCJË. To the, Common (Jouncii: Your Committee on Finance íully report that they have had the ! following bilis under consideration and recommend their allowance at I sums stated: CONTINGENT i'UND. W. J. Miller, 1 month's salary.. $ 66 66 E. B. Norris, " ' 2ï m P.O'Hearn, ' ■ """ Geo. II. Pona, " ...'....'. Ifi Marvin Uavenport, janitor salarv 6 26 Dr.John Kapp, 3 mo's salary B. of H-tl r,o Eli V. Moore,6 mo's salaiy B. of H Martin Clark, ; uionth's salary 25 00 Dr. E. A. Clark, ; mo's Eai. city iliysician- ■-, F Clay A. Groene, rent 9 17 Sohairer & Millen, supplies 6Éi Moore & Wetmore " "" 4 "g Bailey & Dow, lock and keys 4 ■# E-late of Kice A. Beal, supplies 8 T5 Teloplione & Telegrapb Oonstructlon Cío., mo's rental of 7 fcelepbones - 43 73 Frederiefc Bcbleede, binding counoil prooeedings ... JO 50 Schuh 8 Muehlig, wire eloth lith ward engine house -- ■-- 10 50 Mai-,u Duiheini, typewrinng lor city attoi-Dey - C. ( Hatch, Sawinge 2 Ofl i'. O'Huarn, postage stampa 1 CO Schul) & Muehlig, suppltes.. 1 25 m. l'iukclt, biirvnig two cats --- ÖU W. J. Miller. snpplics 3 4(1 Louis Rohde, coal, eto - 29 10 Ann Albor Thomson-HOHSton Electric Co.,s1 lijrhting tor montli of April.. 5S) 25 Mlchttel Staebler, ooal - - 13 00 Chas. Winkle, putting up eleo. booths, 1 65 Willis ('lurk, ■■ ' 1 ffl Frao Sutherland, " l' " 4 50 Robert liomiarcl. " " " " 2 40 Gus. Waiters, labor on water hydrant, ;; uu Total 11,049 89 CEMEIERY FUND. M. Lueppold. labor - - 8 5 25 Eli S. Jianly, labor ' 5 2r Joho McAurther, labor ü 00 Tótnl - 13 50 SEWEU 1DND. Ann Arbor Saving-s Bank, acoouDts assigned tbeni asfollows : Charles Glasser, labor $ 10 35 Harry O'Grady, " 36 35 Charles Winkfe, " 34 50 Víctor Strong, " 9 22 Barnlianit Laujrer," ï 86 Josenh Kirby, " " 150 MlobaeJ Williams, labor 3 00 MIchael Preskorn, " 6 00 Albert Schwemann, labor J0 50 Robert r.eonard, labor 7 ; "' Jullotf Nimz, " 1 50 Micbacl Kenny, " 4 05 Chas. Colsrove, " 7 50 Gustave Walters, " 1125 Frank ScbuJz, " 5 80 Barney Mörrieon, " 7 85 Wm. öarron, " W) Harry Braghert, " Vi 12 S. K.Pike, " 2 97 Aug. Molkenthme, " 150 Charles Walker, " 142 William liird. " 2 25 Geoiife Mason, " 1125 v illism Miley, " 3 00 Godtvied Sclion. " 150 Pat riek McCabe, " S) 15 Frederii.'k Kadko, " T 5 Joseph Glasser, " a 0j JobDHolk. " 3 75 Fred Ulrich, " 5 25 John Cairns, " 150 John Scliafer, " 150 Michaei Welen, " 7 5U Michael Kenny, " 4 50 Charles Godfrey, " 10 45 Dow&Bailey, " S uo Total amount due The AünArborSavBank... $'264 TS i 264 78 State Savinjis Bank, account assiirned ttacm as follows; Charles Walker, labor $ 3 15 Peter PetereoD, " w DaryWhltley, " 3 45 Godfrey Schuon, " 75 Banify Langer, " 75 Frank Hogan, " 6 59 Total --..$ 15 29 $ 15 29 Farmer & Meclianic's Bank, accounts assigned theni as follows: S. R. l'ike. labor $ 3 60 Michael Welch, " 2 10 John Krumrie, " 4 65 Lawrence Hughes, " 22 05 Michael l'reskorn, " 12 60 Auíí. Molkenthine, " 135 Frauk Sehultz, " 3 75 Charles Glaeer, " 7 SO James Wilcox, " 3 00 William Wheeler, " 10 00 William Kuehn, " 3 0U Total $ 73 90 $ 73 90 John Schatter labor.assign J.E.Harkins, $180 Frank Sutliurland, labor. .. 15 90 Fred Ulrich, labor 76 Jobn Holk, labor - I 50 Patriok MoCabe, labor 4 50 Lawrence Hughes, labor 3 U0 Chris. Jetter, labor 3 15 Barney Morrison, labor 2 25 Albert Cooh, labor, assign W.J.Miller 3 45 William En kemann, labor 150 liobert Leonard, labor 75 Frederick Hadke, labor 1 50 Thomas Hannon.team labor. 3 00 O. Eberbaeh, rope 3 25 Luick Brothers, supplies 2 I Geo. Miller & Son, lengthening out Fiitzpump 4 75 Total $407 67 STREET FÜND. Ann Arbor Savings Bank, accounts assisrned them as follows: John A. Robiuson, snow plowlng ï 1 50 Barney Langer, labor V-l !." Jolm "Schaffer, labor 4 20 Total.. 17 85- 17 8 Farmets' &Mechanies' Bauk, accounts assigned thein as follows: Jacob Moesle 1 50 Mathew Schnerley ti 40 P.D. Rogers 9 00 John Schatter 5 2ö Total 32 15- 22 1") J. Dra ke, labor assisíned to J, Goetz & Son 3 45 Elias Saddler, labor aeslgned to Mann Bros 12 25 Charles Walker, labor assigued to Stickelmair & Co 10 20 Charles GlaBeer, labor assigntd to O'Harra 4; Boyle i 50 John McHugrh, teamlng assigned to N. Sutberland... '... 4 50 Roliert Leonard, labor a-signed to N. Sutherland 1 50 Elias Saddler, teaming assigned to N. Sntherland.... 10 50 Mlchael llerey, teaming assigned to N. Sutherland 3 00 Mlchael Kenoy, labor 150 Albert Glassinipp, labor 1 50 Gottfried Scliuon, labor.. 3 0o Patrick MeCaue, labor 1 50 Mlchael Williams, labor 12 oo Victor Strong, labor.. 2 25 Lawrence Hughs, labor i 50 'lui,, .letter, labor 1 60 Charles inkle, labor 3 00 Allurt Schwoeman, labor 1 50 Joseph Kii'uy, labor 150 Wm. II. Hichinond, labor 50 Gustav Waltere, labor 12 75 Frank Sutherland, heining engineer 21 60 Willis Clark, latior 36 92 Zenus Sweet, team labor 4 50 Hlchard Burns, team labor 13 50 Daniel Crawford, liibor w OU Abraham Beek, team labor 30 00 Micbael Kusterer, team jaboi' 0 00 Tilomas Hannon. team labor... 12 LO Abraham Voorhees. team labor 21 00 Geo. IJ. Stevens, team labor 3 00 William Wheeler, team labor B 25 Hutzel H, Co., supples e uu Michael Kenny, labor assigned to Willis Clark 4 no K. .J. Hogers, seed 45 Mary Durbeim, typewrltltg Street CommiBsione'r report _ 50 Caspar Rlnsey, salt 1 00 John Almarirt, lij trees 9 60 Christian Frank, bandleïfor seraper.. 1 00 Eselinjjer Bros.,blacksmitblng 13 in T.L. Hewett, 7'rods walk 6 10 NelsoQ Sutlierlanfl. salary 66 6G Geoxge F. Key, salary 60 00 Total s 474 5s BHIUGE, CDLVERT AND CltOSSWALK FUND. Michael Kusterer.team labor assigned to A. A. Savlngs Bank 15 00 Farmers' & Meuhanies' Bank, accounts assigned them as foUows: Jesse L. Smith, sdow plowing 450 L'imstian Larmee, labor 5 25 Total 1175 (j 75 Samuel Smith, labor assigne to EdwaidDuffy ] qq Michael Herey, teamin assigned to Ñ. Sutlierlantl - _ y qq Elias Sadlur, teaming assigned to ; Mann Bros 13 50 ■ fiuslav Waltere, labor 3 co Fredriok Hadke, labor... 0 75 llany Bragberi, labor '""" 4 2U WiUUim Eukemann, labor.. j 7-. i Antón Otto, labor "' - 00 Michael Preskorn, labor 750 Joc Hutzel, labor jg 30 Fred Ulrloh, labor "" i 5 Wm. Darrow, labor "" 9 ÍS Charles Winklc, labor 1? m Ohrls. Jetter. labor T; ■". Víctor Strong, labor -, :i Michael Wil liams, labor ti in Patrick MeCabe, labor..;::."; t 50 Uarney Langer, labor 505 Godfrled ïonuon, labor " y o Albert Gl assen app, labor ,s '5 Charles (laser, labor ïii sn John Holk, Ial)or """ 3 po Christlan Larmee, labor...;;."." ij nn 1' rank Schultz, labor 971 Wm. stoll, team labor. k 7n Eobertstoll, labor... i 'k J. Drakc labor i """ 13 45 AlbertCook, labor 26 00 S. H. Piko, latior 3 U0 V;u Koe il. labor 6 C3 Miohael Kenny, labor 3 75 öeo. D Stevens, team labor (0 Nichard Burns team labor 9 60 Thomas Hannon, team Labor 24 00 Michael Kusterer, leain labor 9 0 ' Daniel Urawford, team labor Williiun Wheeler, horseand cart 46 IS Martin Nagle teamlng 4 60 G&orge tíchíinimer, bdow plowiog 150 [ Bennett Prench, snow plowlng.. I 50 Jullus Welnberg, gnowplowlng -.. ! 60 Gi'O. Walker, repairing tar crossing. - 160 Bdward Pardune, sand 45 Geo. Sweet, ü bbs Portlant cement 15 75 Louis Rhode, bbs Portlant cement 16 '." Edward Bycraft, sand _ 8 00 Luick Bros., lnmber. 26 lu Schuil & Muehlig, supplies 15 2B Joini Bau mgardner, siono slabs ü2 .SV Total í óii: 88 FIHE DBPABTMBNT FÜM). t'red Slpley, salary $ GO 00 C. A. Bdwards, salary sou1 Henry Mei-aren, salary 50 00 Louis Hoelzle, Baiary 60 uu Max Wlttlinger, ealary öü 00 Alben Wi'.-t. salary Herman Kim, salary 40 0') Eugene Wlllituns, salary - 40 00 Joim Kenuy, salary _ 8 0( Samuel McLaren, salary, two months, 8 00 Win. Kettich, salary 8 00 Edward Hoelzle, salary 8 01 William L. Schnierle, salary 8 00 Mrs.B. Ream, washing uo sichuh & Muehlis. supplies 6 60 G. H. Kelley, mfddlinga 7 65 Ferguson ( .'art and Carriage Co., one setwheels 40 00 Total ..$ 4b'4 28 PÓLICE fnND. Charles Wheeler, salary 65 00 David Oollius, salary 50 IW Noble C. Tice, salary 50 00 Wiiliam G. Snow, use of hack 1 00 Total í 166 00 POOK FDND. Fred Siplej saiary t 10 00 W. H. Wilsoii. 'M% cords basswood 41 97 Fred Slpley, freiiht on wood 18 U0 Doty & Feiner, shues 8 75 Bdward Duffy, groeeries 5 66 John Eisele, groceries 10 8 l'berbacli Drus; Co., medicrtne 1 60 Mts. Aun Evans, aid _ 5 00 John (ioetz .Ir., groceries 4 47 John Goetz & Sou, groceries 5 64 L. Gruuer, shoes. 5 75 WilJiam F, Lodhoiz, groeeries 17 19 O.M. Martin, ooffln-., 10 00 William H Mclntyre, groceriee 15 34 O'Hara&Boyle, roceries 10 75 Klnsey & Seabolt, (iroeeries 17 21 Caspar Rin6ey, groceries 10 46 Louis Kohde, coal _ 7 50 Geo. Spathelf, nieat 86 G. W. Snow, hack to cnunty house 1 Of) W. F. ötimson, groceries -. 15 41 C. W. Vogel, meat 2 54 Wahr& iMilier, shoes 4 00 C, Zirn, meat 1 61 Total. $ 225 88 Accepted and recommendation concurred in, as follows: Yeas- Aid. Wagner, Bodmer, Martin, Allmendinger, Wood, Snyder, Ferguson, Brown, Manly, Taylor, Kitson, Prettyman, and President Wines. -13. Nays -None. RECAPITULATION. Contingent Fund f 1,049 89 Sewer Fund 4U7 67 Street Fund 474 58 Brldse, Culvert and Crosswalk Fund. 582 fc8 Fire Fund 48425 Pólice Fund Kis 00 Poor Fund 225 8 Ceruetery fund (3 50 Total 3.384 65 Respectfully snbmitted, Frank Wood, ( . H. Manly, A. J. Kitson. Finauee Committee. Accepted, and recommendation conom-red in as follows : ïeas- Aids. Wagner, Bodmer, Martin, Allmendinger, Snyder, Ferguson, l'.rown, Manly, Taylor, Kitson, 'Prettyman, AVood, Pres. AVinee- 13. Nays - None. The Finance Committee submitted the following report: Ann Arbor, Mich., May 7, 1894. To the Finance Committee of tlie Cornmon Council of the City of Ann Arbor: The undersigned begs leave to report that he has examined the books and vouchers of the City Treasurer and the books of the City Clerk, and flnd that the same are correct. An examination of the interest account of the Ann Arbor Savings Bank vvitli the City Treasurer shows that for each montL except February interest has been calculated at thirty days per month, while for February interest lias been calculated for twenty-eight days. This chauge in method of calculation reduces the amount of interest whieh should be credited the city by $11.84. There appears to be a diserepancy of $17.58 in the penalty charged for nonpayment of city taxes in July; this is accounted for by the fact ttiat the assessor, ander advice of the City Attorney, extended the penalty on even dollars only. All oí wlnch is respectf ully submitted. Jno. E. Miner. On motion the report was recommitted to the Finance Committee. The Finance Committee recommended the allowance of John B. Miner's bill of $25.00 for examining Treasurer's and City Clerk's books. Accepted and recommendation concurred in as follows: Yeas- Aid. Wagner, Bodmer, Martin, Allmendinger, Snyder, Ferguson Brown. Manly, ïaylor, Kitson, man, YVood, Pres. Wines- 13. Xays- None. Aid. Prettyman, leave having been granted, introduced an ordinance entitled " An Ordinance Kelative to Sewers," providing for the construction of lateral and connecting sewers in the city of Ann Axbor. Aid. Brown moved that the rules be suspended and the ordinance be given its second readiug by sections. Adopted. The second reading by sections of "An Ordinance Relative to Sewers, Providing for the Construction of Lateral and Connecting Sewers ia the City oí Ann Arbor." Aid. Prettyman, leave having been granted, introduced "An Ordinance Kelative to Disorderly Conduct, Forbidding and Prohibiting Young Children trom being and going upon the Streets Unattended in the Night Time." Which was read the flrst time by its title and referred to the Committee on Ordinances. Aid. Prettyman, leave having been granted, iatroduced "An Ordinance Belative to Street Sprinkling,'' which was read the iirst time by its title, and referred to the Committee on Ordinances. Aid. Prettyman, leave having been granted, introduced "Au Ordinance Relativa tu Lawn Extensious in the Streets." Which was read the first time b5' its title and referred to the Connnittee on Ordhiances. FROM PHB STREET COMMITTBE. To the Cotn ilion Couneil : Your Comuiittee 011 Streetg to whom waa referred the communication írom t!u; Board of Public Works, asking for m appropriation of $850 for the replañking of the viaduct ove1the Michigan Central Railroad Company'a Cracks, on Beakes street, wonld report tluit ve have had the matter under couslderation, and liave asked tlie CityAnorney for a written opinión as per contract on the matter. We therefore attach hia report to this report for your consideration. l;es].ectfully submitted, ( IliMSUAN MaKTIX, 11. g. prettyman, Fe ank Wood, P. 1.. BODMEB, A. P. FEBGÜS0N, Street (Joinmittee. Ann AEBOE, Mich., May", 1S94. To tlie Honorable street (.onimittee: Gentlemen,- In repiy to your lnqulry for init'rniatiun relative to whom and wJiere the legal duty rests to keepnudinaintaiu in repair the bridge on Detroit street, over and Crossing tfie Michigan Central Kaihvay Coinpany's tracks and right of way, I have to say, that while the question is n'ot [ree from do'ubt, I am couvinced that sueh duty rests upou the Michigan Central Railroad Corapany. If it should be found tliat I am mistaken as to any of the essential and controlliiig facts stated herein, I shall be glad to further advise you when corrected. I am advised that Detroit street or a highway at the same place, having another name, was huil out, iraveled and well and fully established at a time prior to the construction of the railway over and through the same. It was the ïaw at the time when this raiiroad was coustructed, and it is the laiv uow, that whenever any raiiroad is coustructed througU and over any street or highway, the raiiroad company is burdened with the duty to build and construct a suitable road Crossing thereat, ineludiug all approaches thereto, and to maintiiin the same iu reasonably good repair for all time or so long as the railway shall be operated over aud through the same. It was lawful when tliis raiiroad was constructed, and it is lawful now. for any ruilroad companv to construct crossinga over and through the streets and highways at grade, or to separate the grades and build its railway under the street or to build the street over its road bed and right of way.and it is ilain to me that whichever the railway company chooses to do and whatever it shall or may do. it is nevertheless but the construotion by the railway company of a street, highway or'road Crossing oulv. The foregoing is but a short and imperfect statement of the Conimou Law liability of a railway eompauy, m its relatiou to the public uhen m the construction of its railway over orthrough astreet orhighway, which liability has many times been amplified and particularized by statutes and possibly somewhat enlarged butnever to my knovvledgedimiuished. It may be said that this solution of the problem, if solution it is. assumes that the railway company coustrueted this bridge solely as a Street passage or crossing. and it may also be said that the city built this bridge for its owu convenience and for the safety and convenieuce of the public, or that the railway eompauy's duty is fully defined in relation to this bridge by its coutractial relations with the city. Upon each of these questions I take issue and contendthat as matter both law and fact, tlie railway company constructed this bridge on its owu motion ai.d for its own use and benefit; that the city has no contract or relations with the railway company wherebv the city assumes or undertakes in añywise the maintenauce of the bridge in que'stion, or which In auy wise relieves the raihvay company from all or auy of its duties or obligations in the preinises. The following is a short history of the building of the bridge in question, the purpose of its construction and the course pursued by the railway company in bringiug its oouotruction about : willij iu vijg % Cill UI IOOU, Lllt; iUIClllgltU Vt!JLltral Railrond Company formulated a project to erect a new and elabórate passenger depot at Ann Arbor and to construct varlous other huprovemeuts thereat, such plan erabraced aniong other things the construetlon oL this overhead crossing in question; that on the sth dav of Maren, 1880, the raihvay company concluded anagreemeut with the city, whereby in consideration of the closing of certain streets and the paymeut of the sum of $5,000 by way of a donation or bonus to be payable wheu the outer walls ol the station house and the foundation and piers of said bridge were respectively construeted. The railway company undeitook to construct the uew proposed passenger depot, make other improvements, and erecL and complete the bridge in question and grade and construct the approaches tbereto. It is true that the city some weeks afterwards, as a metbod of obtainlng the mouey to pay sueh promised bouus, eaused au election ay the Uien tax paying electora to be licld and the sum of íó.UUii to be raised by the vote of the tax payera for the asserted purposo of conBtructlng this overhead crossing, but it is too jluin íor coutroversy that sucli elección was ïeld as a way and nieans adopted to bring lbout a result theu in view, other than the juildiug of the bridge iu question, to-wit- as i way and means to obtain the mone'y to pay he promised donatiou or bonus, íor the city u fact never did build the bridge, aud at the very time the election was held, had the writteu agreemeut of Ihe rallroad eorapauy to construct the same at its oyn cost and expense. It was the law then and it is the law iiow that the city eannot lawfully expend any such large sum of mouey íor any public purpose, except the work be done by contract let to the lowest responsible bidder, and lurthermore, aiter the mouey was thus obtained )jy this method of "whipplng the devil around the post," every dollar of it was paid directly to the railroad compauy, aud the rallroad cbmpany on the 12th day of May, 1S87, prcsented its certifled bill to the common Couucil whereby it made claim for the sum of $i,000 as a bonus on account of the coustruction of the new passenger depot, bridge aud other lmprovements and thereafter receipted íor the same expressly as bonus. Krom all whieh I believe I am justified in inferring that as a matter of lact the railroad company built and constructed the bridge on i t.s own account, with its ovvn money and for lts own use. benefit and purpose, and tliat the bridge is uothlug more nor less thau acrossing lor Uetroit street over the Michigan Central Hallway Company's tracks and riglitof way, and that as a matter of law, the railroad company is in duty bound to keep and inaintaiu its said crosslug iu good order and repair. The following authorities support in a greater or less degree these contentions : 1 Maltby vs. The Chicago and V. Micli Ry. Co., 62 Mich , lus. 2 The People vs. Chicago et A. K. R. Co.. 67 111., 118. 3 Oliver vs. Xortheastern Ry. Co., L. R. 9, Q. B. 4U9. 4 Paducah, Elizabeth Town R. R Co . B. S. Counnonwealth 5 liith A. M. & Eng. R. H. Cas. S18. G Muuly vs. St. Helens, C. & Ry'. Co., 2d II. SN. .840. 7 Chicago It. I. &P.R. R. vs. Molmt 75111., 524. 8 Cooke vs. Bostou & L. R. R., 133 Mass., 185. 9 White vs. lulnibitants of Qulucv. 97 Mass., 430. 10 Gillett vs. W. R. R. Corp. 8, Allen, 560. I advise the committee as follows, that you do aspect the bridge and crossing and if you fiud the same is now in need of repair you do report to the Council and recommend that the Council liy resolution cali the attentlon oí the Michigan central railroad company to the uusafe condición of its overhead Crossing, and if the company decline or neglect to make suitable repair thereto, then that the Council do cali the atteution of the Railroad Commissioner to the Company's neglect and default and ask the Railroad Comniissioner to make au order requiring the Railroad (Jompany to perform and discharge its duty to the public in the premises. Respectfully yours, E. B. NÓrris, City Atty. un moción or Aid. Manly the report was accepted and adopted and ordered printed. FROM THE SIDEWALK COMMITTEB. To the Common Council: Your Comniittee on Sidewalkswould report that there being a necessity for the grading and constructioii of sidewalks where stated, your committee caused to be prepared and herewith submit the proper resolution ordering the same, and recomraend that it be adopted. Respectfully submitted. C. H. Manly, Abthub J. Kitson, H. J. Bboavx, Sidewalk Oommittee. Accepted and leave being granted, the following resolutions were offered. By Alderman Manly: Resolved, That the gradlng and coustruütiou of the sidewalks hereinafter luentioued is deomed and declareü a necessarj public improfement, Tüere-tore, It is hereby ordeied that plank sidewalks be graded, built and eonstructed on and a long the folio wing streets and in front of the followisg property in the city ot Ann Arbor, viz: On Mary street along the east side in front of the property of John V. Slieehan. On South Fourtta avenue along the west side in front of the property of Dr. James C. Wood. On Packard street along the south side in front of the property of the Richardson estáte. On East Huron street along the south side frotn Ingalls to Thirteenth street, on Fuller street along the south side in front of the property of Harvey Cornwéll. On Broadway along the north side, frosn Henry VVest's property to the property of Mr. Thomas llotchins' estáte, said walk to be tour feet in width. On East Ann street along south side in front of the property of Mrs. Timothy Keating and Charles R. Whitman. On Gott street along tlie east side from Miller avenue to Summit street. ün Gott street along the west side from Geo. Clark"s land to Miller avenue. On Fourth avenue along the west side in front of the property of W. G. Dieteiie. That all such sidewalks be graded, built and constructed in the marnier. within the time and of the material prescribed by the provisión of an ordinauce entitled an "Ordinance Relative to Sidewalks," and the grade to be I established. Accepted and Adopted. FKOM THE SAME. To the Comnton Council: Your Committee ou Sidewalks would report that after a careful examination of the premises of VV. Gr. Dieterle, in reference to sidewalk ou tlie north side of his property, on Liberty Street would recommend that said Dieterle be granted pertnission to lay a stone or cement walk six feet in width along said street. Provided, that he the said W. G. Dieterle or his grantees will extend the same to 11 feet in width, whenever the said property is to be used for store purposes, without further notice. The petition of James W. Robinson which was referred to your committee, at our late ceuncil meeting, asking permission to build a plank driveway in front of livery bain on Fourth avenue, your committee would recommend that the prayer of the petitioner be granted. Respectfully submitted, Abthur J. Kitson, C. H. Manly, H. J. Biíown, Sidewalk Committee. Accepted and recommendation concui-red in. FItOJI THE FIKE DEFABTJIENT CO3IMITTEE. To the Common Gouncil of the city of Ann Arbor. Your committee to whom was referrert the matter of repairing the Hoor of the Sixtli ward entine house, respectfully recommend' that the appropriation of $75.00 asked for be granted, and that the board of public works be ordered to have a two-inch hardwood floor laid in said engine house. Kespectfully submitted, C W. Wagner, II . G. Peettyman, D. F. Allmendinger. Committee on Fire Dep't. Aid. Martin moved to amend the report by striking out $75.00 and inserting $85.00. Accepted and adopted. The original report as amended was adopted as follows: Yeas- Aid. Wagner, Bodmer, Martin, Allmendinger, Snyder, Ferguson, Brown, Manly, Taylor, Kitson, Prettyman, Pres. Wines - 12. Nays- Aid. AVood- 1. BEPOBÏS FEOM SPECIAL COMMITTEES. To the Common Council: Your special committee to whom was referred the Mayor's annual message for división and reference, beg leas'e to report that so mucli of the message as refers to street railway, the closing of saloons, the extensión of the lawns to the curbstone, the unequal representaron of the people by the wards, and the matter of small children playing about our streets i sliould be referred to the Ordinance I Committee. That so mueh as refers to streets and pavmg be referred to the Street Oommittee. That so mnch as refers to lighting be referred to the Lighting Committee. That so mueh as refers to sidewalks be referred to the Sidewalk Committee. That so mueh as refers to sewers be referred to the Sewer Committee. That so mueh as referrs to water supply be referred tothe Water Committee. All of which is respectf ully submitted, a. U. l'RETTYMAN, W. L. Taylor, Frank Wood, Committee. Accepted and recohimeudation concurred in. To the Cornmon Üouncil: Gentlemen: Your committee to whom was referred the matter of ascertaining the cost of a three seated spring wagon for the use of committees, &c, would report that they have liad the same under consideration and would recommend that $100 be appropriated from the Contingent Fund for a wagon to be made by the Ferguson Cart & Carriage Company, as cut submitted by said company. llespectfully submitted, Frank Wood, A. P. Ferguson, C. H. Manly, Committee. On motion of Aid. Wagner the report was recommitted and committee directed to ask for bids on said wagon from all local dealers and submit them to this Council. KEPOBTS OF CITY OFFICER8. _ The monthly reports of the city clerk, city treasurer, poor superintendent aud marshal were read and ordered fllëd. Poor Superintendent Sipley reported the following expenditures during the month of April : lst ward, $17.90 ; 2nd ward, $17.87; 3rd ward, $66.04; 4th ward, $65.45 ; 5th ward, $69.60 ; 6th ward, $5.15. C'liief of Pólice Wlieeler reported eiglit arresta during the month of April as iollows: drunk, 4; violating city ordinances, 4. To the Honorable Conrnnon Council: lu accordance with the request made by the commiltee, I submit tbe accömpanjing drawlugs of the proposed extenslona to the culvert across FountHin street. Tlie requiieil dimenstons are marked and the scale is also gi ven. A liberal estímate would be, I think, $130 for masonry and $45 for eome grading or íillIng. Su iliat au approprlation of $i7ó would be suiticieut to put the work in proper shape. Kespectfully submltted, UEO. F. KEY. City Engineer. Ann Arboh, Mich., May 7th 1894, To the Common Couiicil: 1 hureby certify that the pressure of water on minué at. Engine House, with the exception of the time durmg which tiie pipes were being Hushed, has uot been Iets tlüiu (iö Ibs. siuce the date of last report. Fked Sipley, Chief l'ire Dept. Keccived and flled. CITY TBBASTTKER'S REPORT FOK THE MONTH ENDING APRIL 30, 1894. Ta the Common Council of the City of Ann Arbor: Balance on hand as per last report $30,988 15 MONEV RECEIVED. Contingent Fund- Liquor tax, Co.. Treas S 103.12 W. ,T. Jliller, licen8e 15.0J Pólice Fund- Wheeler, fees -.. 1.50 Fire Fund - i-ipley, old iron.2.00 Cemetery Fund - Manly 10.00 Street Fund- Sidewalk tax eollect, Co. Treas.. 25.00 Delinquent Tax Fund- Co. Treas. tax col 149.09 Contingent Fund - Interest on 17.21 Total 883.85 333.35 26,311.50 MONEY DISBÜKSED. Contingent Fund $1,850.53 Street Fund 329.91 Firemen's Fund 570.33 Pólice Fund 182.00 Poor Fund _ 209.81 Sewer Fund 228.67 Bridge, Culvert and Crosswalk Fund 187.62 Soldiers' Relief Fund üU.OO Total $ 3 644.87 3,644 87 S17,666 6 BALANCE ON HAND. Contingent Fund, overdrawn $300.33 Strec-t Fund 4i!6 R4 Firemen'sFund 2,766.84 Pólice Fund 1,303 57 PoorFund 150 IS Water Fund 2,608.40 Cemetery Fund 284.26 Soldiere' Relief Fund. 1,243.1)3 üniversity Hospital Aid Bond Fund 840.00 Delinquent Tax Fund 144.39 Sewer Fund 2,066.43 llridge, Culvert and Crosswalk Fund, 6,251.40 Tax Fund 100.00 Total -M8,m. 444.72 444.73 17,666.63 . Total Treasurer's Balance 817,666 63 Geo. H. Pond, City Treasurer. Aun Arbor, Muy lst, 1894. Ann Arbor Savmgs Bank, Ann Arbor, Mich., May 7, 1894. f To the Common Council of the City oí Ann Arbor: Deab Bibs- Tfcte will certify that Geo. H. Hond lias on deposit to his credit as City Treasurer, the siim of Seventeen Thousand, Six Hundred and Nlnef.y-two and 13-100 Dollars, )17,692.13). Yourstruly, CHAS. E. HISCOCK, Cashier. MOTIONS AND EESOLUTIONS. ByAld. Taylor: Resolved, That Dr. E. A. Clark ba and is hereby appointed to the office of City Physician for the ensuing year, at a salary of one hundred dollars. Aid. Prettyman moved as a substitute that we hear nominations of candidates for the office of City Physician. Accepted and adopted. The following nominations for th e office of City Physician were made: Dr. E. A. Clark and Dr. W. F. Breakey. Aid Mairly moved that the Clerk cali the roll and each Alderman answer to to his choice. Accepted and adopted. Aid. Martin moved that the Clerk cali the roll by beginning with the Gth ward first. Accepced and adopted. The follovving members voted for Dr. W. F. Breakey: Pres. Wines, Aid. Prettyman, Kitson, Wood, Allmendinger, Bodnier, Wagner.- 7. The following Aldermen voted for Dr. E. A. Clark, Aid. Taylor, Manly, Brown,Ferguson, Snyder, Martin,- 6. By Aid. Taylor: llesolved, That the matter of opening a street from Broadway to Mili St. at a point nearly opposite the vard, be referred to the Street Committee with instructions to report at the next regular meeting. Accepted and adopted. By Aid. Prettyinan: Resolved, That the salades of the city officers be üxed as following for the coming year: City Clerk $800 " Attorney 300 ' ' Treasurer 100 " Marshal 780 " Patrolman 600 " Assessor 1,000 " Puysician 100 The same to be payable monthly. Adopted as follows: Yeas- Aid. Wagner, Bodmer, Martin, Allmendinger, Wood, Snyder, Ferguson, Brown, Manly, Taylor, Kitson, Prettyman, Pres. Wines.- 13. Naya- None. By Aid. Wood: Resolved, That the Board of Public Works be instructed to advertise for andreceive bids for the extensión and repair of the culvert on Fountain St., and report at the next regular meeting. Accepted and adopted. By Aid. Ferguson: Resolved, That the sum of $150 be appropriated from the Bridge, Culvert and Crosswalk Fund, for the construction of two cement crossings on and along the east and west sidos of North Fifth Avenue crossing Detroit street. Referred to the Committee on Sidewalks. (Continued on Fourth Page.)