Council Proceedings

C'OTJNCII, CHAMEER, ) Ann Arbok, Mich., Oct. 15, IS94.Í Regular sessiön. Called to order by President Wines. Roll called. Quorum present. Absent - Aid. Wagner, Manly. - 2. The journal of the last session was approved. COMMUNICATIONS. FBOM THE HOAKD OF PUBLIC WOEKS. To the Common Conncil: The Board of Public Works as direcled by resolutlon of your honorable body of September 17, 1894, beg leave to submit ihe folowing estimates made by the City Kngineer. The a mount of enrth toremove on E. Washington st.,along the s. slde of Felch Park is 1110 cubic yards and considering that I he dlstance o move the same is short, that $!W is a suftieient appropriation to cover the coat of same, and to flll the east side of E. Uuiversity ave from Paekard st. to Prospect st., lo l)e 1700 ■ubic 3Tards, the expense of exeavating tbe ame will need an appropriation of $340. By order ol the Board of Publ'c Works. W. J. MILLKB, City Clerk. Received aul flled. PRESENTAÏIOS OF PEÏITIONS. Of Koch & Henöe and sixty otliers asking the Common Council to pass au ordinauce for the protection of the merchants of this city against non-resident dealers who come liere from time to time orFerinfi tlieir goods and wares for sale and share all the privileges without paying any of the expenses of the city goverument. Referred to eoinmittee on ordinances. A petition signed by Mary Collins Whiting aud 171 otliers of the city remonstrating against the removal of the electric light on S. State et., aouth of Paekard st. Keceived and filed. A petition signed by Jolin L. Ziegler and 10 others asking that a sidewalk be ordered built on the east side of Ashley st., from Jefl'erson st. running south to intersect with Walk already built. Refeiied to coimnittee on sidewalks, A petition signed by James L. Babcock and 16 others asking that an electric light be located at the intersection of Main and William sts. Referred to committee on lighting. A petition signed by Henry Cornwell, asking permission and authority to construct and maintain a lateral sewer connection t'rom bis dwelling house on the east side of División at. to and witb the niain sewer at the point of its crossing Detroit st. Referred to the committee on sewers. A petition that was signed by John G. Schairer and 60 other residents and property owliers and presented to the Coinmon Council October 3, 1892, in reference to the sinoke nuisance was referred to committee on ordinances. REPORTS OF SPECIAL COJIMITTEES. To the Common Council : Your coinmlUee, to wliom was referred the message of Mayor Darling in reference to the supply and qualily of water furalsüed the city and its inhabHants, by the Ann Arbor Water Co., respectfully report as follows: That owing lo the nature of the s il, and the dopth towhich it Is necessnry to "o to Snd water in this city, lnbabltams thereoï are peeuliarly dependeot upon the Water Company for a sufflcient supply, and are tberefore com piel led to pat ron i ze the Water Company. and have, at all times, evinced a wilüngness, and sllowu a capacity toexlend tbelppatronagd llberally to such Water Co. We find tbat in ltór, ulne yeara ago, the Common Counoll of this city entered imo a eomraet witli the Aun Arbor Water Company, a eoipoiHtion orgaujzed to supplv this city with water, grantlng to such company exclusive rights; that such contract was very favorable u sulsh Water Company.and gave small protectiên totheeily and its i n habitan ts. ïhis to such extent as to warranl ihn claim that lias been freely made tbat the Lií;mi. ui me cuy una us people llave not been properly inutecled. Thecompanj expressly agreed Ín tlie cnntraci, amoug other thmgs, that the works stiould be ai all Unies capable of tinowlng by reservoir pfessure six Btreams eighty feet. high at the Court House, at one linie, and by direct piessuie at tlie same place, the same iiumberoi stroums oneiiundred and ten feet bigh, and agaln live slreams flay-four fee, lugh at Ule campus, and tho same nuinber of slreams at thé same piace by direct pressnre ninety íeet hisn. AIso.iKieed to funiish at all times a siiffl. eient supply of water suitable for domestlo purposes, to tne íuliabll.ants of the city Wealsoflud Ihat said water Company bas falled to ainlaJu ils works in a condilion capable of tln'owiiiü at all timos the streams in nuinber and lielghtb, at tbe nhiees as It lius agreed to do in said contract. Also lias IMIed to fuiüisli the Inbabltnnts ol' Ihis city a sulliiienl quantity of water suitable for domestic purposes; on the contraiy have Ibrpugh a pari, and we believe a large part, of eaoh year, taken the water furnished the people trom the Hurón rlver, a siienni that isa c-ominon sewer for iuhabitanis living on the bank. Learned and competent eiiemists have animen sneu water, and at t mes have lound the saqpe to beserlously contaminatec!. H is unuécessary far as to say tbat Buen water be daiigerons to uealth.aud therelbre untit for clome.stie use. Weare of the opinión that the Water Co luis showu an incapacU.yto perform lts i said contract, aud have faiied toappreciate the necesHities of sHuation, lx without doubt tbere is an ampie supplyof wholesome spring water to be had, at gmall cost, in the valleya adjacetit to Uu: city. We believe the Wateí i loinpany have been mercenary and have lodked ttrsito tbeir oet iiiconie, rallier than to the terras and spirit. di contract, and the necessltles of thla people Tiie people or the oity, whlle they have appreclnted ihe alarmlng Situation, have been Blow to deinaiid, that tlie Water (Jonipany be brought to book; they have long boped 'and expeuted that Hie promise so ofien mude by the Water Ctotnpany l;e luililled. ïhey are novv with one voice demunding the protection that you alone can give them. The puerile and trilliiiís way tliis Water Company has alteinpted to reach a more bountltul supply ofspriuK water, and tlieir tnany promises made hut to be bioken, leads your committee to think that neither the projectors nor the company ever serlously oontemplated furnishlng spring water toany large extent, but expeoted, as they really llave done, to get tfoeir supply largely from the TI uron river. Oooii business judgment, as well as our clnty as citizens, demands tliat tliis evil be eradicuted. Therefore in view of the demonstrated ínabllii.y of this Water Uornpany to perform the lts contract, to supply us with the proper pressure (or tire proteetion, also to fumista au adequate supply of wúol.-orae water, fit for domestic purpoaes, and In view of the cnrorced eonsumptiou of au increased amount of wat-r ly rea son of eonneeting with the sewers, your coiumittee would iiíjanhuoiisly recotnmend Ui.it the Common Connotl of this city promptly pass an ordi nance repealing the ordmaiice passcd June Ís!, 1885, entitled "An Ordinance Ilelative to Water Works." Also lliat tliis councü pss a resolution setting forth the follare of the Water Cornpany to comply with the conditions of its contract with the city. Alsothat the Common Connoll promptly notify the Water Uompany that thcy, the Conncll, deern and declare Bald coutract broken by said Water Company. and that the city beeause of said breech of said contract refuses to be further bourid thereby. which ordinance, resolution and notice, your coiumittee bsrewltb report. H. J. Brown, Uhairman. Chkistian Makein, A. J. Kitson, Hen-ry is. Dean, Geokge W. Bullís, Junius E. Beai-, T). A. MacLachlas, D. ZlMMERMAN. KESOLl'TIOX. Wiiekkas, The city of Aun Arbor by it mayor, recorder and aldennen, entered lnto an agreemeut with the Ann Arbor Water ( 'ompany on the ülli day of May, 18S5, Whloh contract was passed lntoan ordinance of Raid city on June lst, 18X5, in whieh contract said Ann Arbor Water Cora pan y ainong other tbings.agreed to build water Works at all liM.'B capable ol tbrowing by reservoir presKuresix.-,treainseigbty feetlligh, aitnecourt tioase.atone liine. and by direct pressure llie saine number ot' strearas at the same place, one liundred and ten feet bigb and again flyestreams afty-four fee; high at tlie university Campus, an,d the saine number of Btream8 at the same place, by direct iireeKure. uinety feet high. Also would maintaio in its reservoir ouu.iju to 1,MiU,Wj(I gallons of water and at 110 limeallow it toiall below 75U,u(J0 gallons except when necessary tu dense Lhe same, or in etiseof unavoldable accident, and daring sucli time or times, it, would maintaiu hy by direct pressure a suftlnieni supply of water tor are and doroestic use. Which several agreements the said Ann Arbor Water Company, bas at vn.ii.ms and nnmerous times fa] led to comply vvitti, especially durlng Mie month of August 1894, and July and August, 1893. And. wbereas. alBo the Ann Arbor Water Loinpany, in said contract agreed to furnisb at all times a sutticient supply of water suitible tos domestic purpuses, to the inhabitams ot said city of Ann Arbor, along the li nes of .helr water pipes, wben requested so to do by such ilHiabltants, and at reasonable rates And, whereas, The Ann Ar.ior Water Company has lailed to build the works and supply tlie reservoir with water, and throw the treams in inimber and in heifiht, as set fortli i n said contract also to furnish the inbabiants of said city. along the Unes of their valer pipes, a sufficient supply of water suitble ror domeatic purposes, althougli requested soto do by the inhabitants of said ïty, bnt on the contrary have supplied at 'arious and nuinerous times during the exstence of sald contract, and especially durng the niontli of August 1894, water to such nhabitants that was un wliolesome, and of a uality ncit fit for domestic purposes, and has auen sala water, at various times frora the Hurón river, when said river was at a low stage of water, sald ri ver being a sewer for the Inhabitants wlio reside on its banks above the ciiy of Aun Arbor. And, whereas, The (Jomrnon Conncil of the said city of Anti Arbor. have become satisned thut said Water Cornpany are uuable to supply water ota quality, and in the qimnity, and with suüioient pressuie, to throvv the streams as tiiey llave oontracted to do, íu abovj named contract. And w ureas, Tile (,'ommon Councll of tlie said cily believe it would be great, and possibly criminal negligence on tlieir part, íf tliey failed to tak e earnest, diligent, and to the best of thelr power, tffective mensures to supply the citiztns of said city with ampie water for fire prutection. and also with an adequate supply of good wholesome water ! for domestic purposes. Now, tlierefore, be it resolved and declared by the Comnion Council of the city of Anu Arbor, tliat the said conlract now existmg between the city of Ann Arbor, and tlie Aun Arbor Water Company, by reason of various and numerous failuies on the part of sa'd Water upany to luiflll their agreement in said conti aot, at) beretofpre eouraerated, to tliegreat injiiry and damiie tosüid city, and tlie iDhabitanis Ihéreof, is nereby deelared voiu, and that the cuy oí Aun Arboi sh.iuld nol, and win nol lurther continue saiil coiitruct in foice, and tUHt all contractual relations bel ween stiid city and said Water Coinpw-y, uniler and by reason of tlie above specified contract, shall be and are no longer iu foroe. Aid. ïuylor moved that the report be received aiui placed on file until the next regular meeting. Adopted, MOTIONS AND RESOLCTIONS. By Aid. Martin : Resolved, Thai J. MHton Perkins. janltor of the gymnasium on the campus of the University of Michigan, be appointed special pólice without expense lo the city. Adopted. By Aid. Brown : Resolved, Tlmt the Board of Public Works be directeil to cause the removal of ttie telephone or electric litrht pole vvhicu stands against the fire b'ydraot in front of the American Hotel on Washington st. Adopted. By Aid. Brown : Resolved, That thirty-flve dollars be and the same is hereby appropriated froni the Bridge, Culvert and Cross-walk fuud for the purpóse of building a sione or cement crosswRlk across Fifth ave. on the north side oí E. Catherine st. Referred to Cominittee onsidewalks. By Aid. Brown : Resolved, Tl. at Che Aun Arbor Wafer Co., be and are hereby ordered to raise the folloivins hydrants to suitable heieht in order tluit iliè Fire Department muy be able to connect witb the same, viz: ün the corner of tiroadwiïy and Moor street, Beakes aud Depot sts„ .Maiii st. in front of Sutter'a boller shop, V. Hurón st. in front of the property of Mrs D. Uodfrev's, W. Libertj st in front of the Brehin estáte, property corner of Huron and State sts., Monroe tmd Ingalls sts., Thompson and Packard sts., Snmmit and Spring st. on N 5tb ave. in front of 0. Jacksou's property, ou Broadway in front of Win. Lodhoz'a grocery store, on S, Univen ity ave. between K. Uni ersity ave. and Forest ave. Adopted. By Aid. Kitson: Resolved, That the petition of Mrs. MaryCollins WhitiiiK and 172 otht;r citizeus asking llüit the electrfu light ou S. State st. be not removed, be granted by this Oouneil, Aid. Miii-tiii móved an ameiidmenttbat au additional electric light be ordered located on W. Huron st. at the intèrsection of Jackson and Dexter roads, whicl) amendmeht prevailed asfollows: Yeas- Aid. Bodner, Martin, Allmendinger.Wood, Snyder, Ferguson, Brown, Taylor, Kitson, Prettyman, President Wines- 1 1. Nays - None. The original motion prevailed as follows : Yeas- Aid. Bodmer. Martin, Allniendinger,Wood, Snyder, Ferguson, Brown, Taylor, Kitson, Prettyman, President Willes- 11. Na3's - None. By Aid Ferguson : I; solved. That the general election to be held on the Slxth day of November next.be and the sume is hereby appolnted to be held in the severa! vvards of the city at the iollowlng named places, viz.: First ward. corner Washington st.,5th ave.. No. 37 E. Washington Bt. Second ward, at Schumacher's blacksmltb sliop, corner of Liberty and Ashlev streets. Third ward, In the Fomological Koom, basement of Court House. Fourth ward, at the 4th ward entine house. Fif tii ward. at the üth ward eugine house. Sixth "varil, at the fith "vard enginahouse. Resolved further, that the city clerk do give notice of said election pursuant to law. Adopte (1. liy Aid. Prettyman : olved, That the city clerk be directed to pifblisb a notice in the papers of the city calíing the attention of the citizens to the provisons of an ordinance rehttive to the Heensing of dogs. Adopted as follows : Yi-as - Aid Bodmer, Martin, Allmendiuger, Wood, Snyder, Fergnson, Brown, Taylor, Kitson, Peettyman, President Wil] es- 11. Nays - None. By Aid. Prettyman: Resolved, That the appropriatiou of $51 bc made froiu the Fire Fiind to purchase thlrteen extra heavy weight rubber coats for the Fire Pepartment. Adopted as follows : Yeas - Aid. Bodmer, Martin, Allmendinger,Wood, Snyder, Ferguson, Brown, Taylor, Kitson, Prettyman, President Wines- 11. Aid. Martin moved that the street committee's report made to this Couneil Aug. 20, last in reference to the grading of 13th and E. Catherine streets, at the University Hospitals, be now taken froun the table. Adopted. Following is the report : PEOM THE STREET COMMJÏTEE . To the C'ommon Couneil : our Committee on streets to iviiom was referred a certain resolution asking for an appropriation of $100 ior grading Thlrteenth st., betweeu Ann and Fuller sts.. respectfully report tliat they nave had the matter under congideration and have several times visited this struet and also irispected the condition oí üatherine street Detvveeu Clark and ïhirteenth streets, and yöur coniniittee are of the a that the time has come and public 1 'Iemands that Catherlne and Thirteeuth Btreets mast be at once put in a safe condition as the street gutters along said street are yery dangerous to the public. Your Committee wonld therefore recommend that the appropriation of $50U be made l'rom the tjtreet Fund and the Honrd of Public Works are hereby direoted to cause the necee sary grading to be done on said street. we also submit the grade and profile of changing street grade oit Catherine street betweeu Clark audïhirteenth streets, your committee caused to be prepared and herewith submit the proper resolutiou establishing and chaugiug such gratie. Respectfully snbmittod, pHBISTIAN MaETIN, A. P. FSKGUSON, W. L. Taylor. Street (Jommittee Aid. Martin moved that the report be accepted and the recommendation be eoncurred in. Adopted as follows : Yeas- Aid. Bodmer, Martin, Allniendiger.Wood, Snyder, Ferguson, Brown, Ta}'lor, Kitson, Prettymau, President Wines- 11. Naya - None. Aid. Martin moved that when we adjourn we adjourn to meet in an adjounied session to-morrow at 4 o'cloek p. ni., loual time. Adopted. The Couucil returned to the order of business No. 5. Aid. Prettyman, leave being granted, Í introduced "An Ordinance Relativa to j Non-resident Merchants," wliicli was referred to the Committee on Ordinance. Aid. Taylor moved that the Counuil adjourn. Lost as follows : Yeas- Aid. Martin, Allmendinger, Wood, Snyder, Taylor. - 5. Nays- Aid. Bodmer, Ferguso n Brown, Kitson, Prettyman, Pres. Wines. - 6. Aid. Prettyman moved that the City Attorney procuro au abstract of title made of Felch Park and of the property on the southeast of Washington and 12th streeta, if he should flnd sunh an abstract necessary. Adopted as follows: Yeas - Aid. Bodmer, Martin, Allmendinger, Snyder, Brown, ïaylor, Kitson, Prettyman, Pres. Wines. - 9. Jffays. - Xone. On niotion the Council adiourned.