Ann Arbor City Council Minutes, February 20, 1905

Publisher: Ann Arbor City Council

Date: February 20, 1905

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CO U NC I L P R O C E E D I N G S . 167 Council C h a m b e r , Ann Arbor, Mich., F e b . 20, 1905

Regular Session. Meeting called to o r d e r by P r e s Walz. Pr e s e n t --A id . Gill, Douglas, Schlenker, K e a r n s , Sc h u ma c h e r , Markey, Ban gs, Sh er k , Goodyear, Coon, Robin Eon. Fi sc h er , P r e s . Walz--13. Absent--Aid. Hu tze l and Miller--2

Minu tes of previous m e e t i n g s ap. l^roved.

Co mmu n i c a t i o n s . Co mmu n i c at i o n s from City T r e a s u r er received, read a n d following res-olutions oil'ered: By Aid. C o o n -Resolved, t h a t t h e sum of $22.85 be

t r a n s f e i r e d from t h e c o n t i n g e n t funa to Ta x Account L a t e r a l Se we r No. 8; t h a t t h e s u m of $359.60 b e t r a n s f e r r e d from L a b o r Acco unt of L a t e r a l Sewei

No. 10 to L a b o r Account L a t e r a l Sew er No 9; t h a t $9.30 be t r a n s f e r r e d from L?.bor Account L a t e r a l Sewer No. 9 to T a x Acco unt L a t e r a l Se we r

No. 9; t h a t $3.04 be t r a n s f e r r e d from La b o r Account L a t e r a l S e w e r No. 10 to Ta x Acc oun t L a t e r a l Se we r No. 10; t h a t $139.45 be t r a n s f e r r e d from t h e Co nt i ng e nt F u n d to Lab o r Ac-count L a t e r a l Sewer No. 10; t h a t $81.70 be t r a n s f e r r e d from L a b o r Account of P a v i n g Dis-

tr ict No. 3 to Ta x Acco unt Pav-ing Dis tric t No. 3; t h a t $436.95 b t

t r a n s f e r r e d from La b o r Account of Pa v i n g Dis trict No. 3 to t he Conting e n t F u n d ; t h a t $85.06 be t r a n s f e r r e d t r o m t he Co nti nge nt Fu nd to Laboi Account of P a v i n g Di s tr ic t No. 4; t h a t .50 be t r a n s f e r r e d from Lab oi

Account P a v i n g District No. 5 to Tax Account P a v i n g Di st ri c t No. 5; t h a t $7.50 be t r a n s f e r r e d from La bo r Ac count P a v i n g District No. 6 to Tax Account P a v i n g District No. 6.

Resolved f a r t h e r t h a t t h e City At to rn ey and City T r e a s u r e r be i n s t r u c t

ed to collect t h e $108.17 d ue Laboi Distr ict L a t e r a l Sewer No. 9 a s per th e T r e a s u r e r ' s s t a t e m e n t . Adopted a s follows:

Yeas--Aid. Gill, Douglas, Schlenk-er. Ke a r n s , Sch uma ch er, , Markey,

Bangs, Sherk, Goodyear, Coon, Rob-inson, Fi sc h er , P r e s . Walz--13.

Na ys --Non e. By Aid. Fi s ch e r-- Resolved, t h a t on p r e s e n t a t i o n of bonds on or after March 1st, t h e City Clerk be i n s t r u c t e d to d r a w war-r a n t s lor t h e p a y me n t of $500 princi-

pal and $20 i n t e r e s t on T a x Account L a t e r a l Se we r No. 9; for $500 princi-

pal and $20 i n t e r e s t in Tax Accou nt L a t e r a l Sewe r No. 10; for $2785 prin- cipal and $668.40 i n t e r e s t on Ta x Ac-count Pa v i n g Distri ct No. 4; for $1177.90 principal an d $936.96 i n t e r e s t on Ta x Account P a v i n g Di stri ct No.

5; for $340 principal and $108.80 in-t e r e s t on T a x Account P a v i n g Dis- t r i c t No. 6. Adopted as follows:

Yeas--Aid. Gill, Douglas, Schlenk-er, Ke a r n s , Sch uma ch er ,, Mark ey, Bangs, Sherk, Goodyear, Coon, Rob-inson, Fisch er, P r e s . Walz--13.

Nays --None. Co mmu nic ati on from Fi r e Commis- s i o n e r s : City Offices,

Ann Arbor, Mich., Fe b . 20, 1905. Meeting of t h e F i r e Commissio ners. Meeting called to ord er by P r e s . Millard. Present--Pre:-. Millard, Mr. Sea-bolt, Mr. Apfel. By Mr. Apfel-- Resolved, t h a t t h e Common Council be re qu es te d to refer t h e m a t t e r of i m p r o v e m e n t in p r e s e n t fire p rotection to a joint co mmi tt ee , composed oi th e fire c o m mi t t e e and commission ers. Said c o m m i t t e e to re p o rt a t n ex t r e g u l a r m e e t i n g of the council. Adopt' ed. By Mr. Seabclt--

Resolved, t h a t t h e s e n s e of t h i s commission is t h a t at least 25 mort fire h y d r a n t s be d is tri bu ted t hr ou g h out th e city u n d e r t h e supervision of t he commission. Adopted. Adjourried.

R OSS GRANGER, Clerk. Aid. Fi s c h e r moved t h a t co mmun i cation be accepted and co ncu rre d in. Adopted.

Commun ica tio n from Aid. Do u g la s .

168 C O U N C I L P K O C E K D I N G S .

To t he Mayor and Co mmo n Council, 'Gentlemen:--As my r e s i d e n c e af-

t e r Au g u s t first will be o u ts i de of t h e w a r d which I now r e p r e s e n t , I h e r e w i t h t e n d e r my r e s i g n a t i o n , to t a k e effect wh e n my su c c e s s o r shall

be elected a t t h e c o m i n g r e g u l a r elec-tion. H E N R Y W. DOUGLAS.

Received and c on c u rr e d in. Report of C o m m i t t e e s .

FI N ANC E. Ann Arbor, Fe b . 20, 1905. To t h e Ho n o ra b l e t he Co mmon Coun cil

G e n t l e m e n : -- Y c u r c o m m i t t e e on fi-n a n c e 10 whom was ref err ed t h t claim of W.lliam Bea ubi en, would re spectfully r e p o r t t h a t we find him en

titled to five day s pay, a m o u n t i n g to $29.15, and h e a g r e e i n g to a c c e p t t h t t a m e in s e t t l e m e n t of all c la ims a g a i n s t t he city to d a t e , we respectluUy r e c o m me n d t h e p a y m e n t of said a mo u n t , and h a v e included it in t h e

finance r e po r t of t h i s d a t e .

H. W. DOUGLAS, E M M E T T COON,

GEO. H. F I S C H E R , C o m m i t t e e Received and a cc e pt e d. Ann Arbor, Mich., Fe b . 20, 1905 To th e Ho n o r a b l e t h e Common Coun-cil.

G e n t l e m e n : -- Y o u r c o m m i t t e e on fi-n a n c e h a v e had th e following bills u n d e r con sid era tio n a n d would recom mend their al lowa nce, a n d t h a t war-

r a n t s be d r a wn for s a m e .

H. W. DOUGLAS, E M M E T T COON,

GEO. H. F I S C H E R , Co mm i t t e e .

S t r e e t Fund. William Reaubien, sw ee p i n g s t r e e t s $29.15 J o s e p h Ross, labor 3.50 J a m e s Mason, labor 4.95 William S t a r k s , snow p lo wi ng 16.00

Lewis Nowland, s r o w plow-ing 16.00

B e n n e t t F r e n c h , snow plow-ing 16.00 J o h n H^irrst^ snow p l o w i n g . . 16.00 H e r m a n M a rq u a r d t , snow

plowing 16.00

George W e e k s , snow plowing 12.00

$129.60 Adopted as follows: Yeas--Aid. Gill, Douglas, Schlenk-er, K e a r n s . Sch uma che r, , Markey, Ban gs, Sh er k , Goodyear, Coon, Rob-inson, Fi s c h e r , P r e s . Walz--13.

Na>s --None . C E M E T E R Y .

Ann Arbor, Mich., Feb. 20, 1905 To t h e H o n o r a b l e th e Common Counell. G e n t l e m e n : -- Y o u r c ommi tt ee ou c e m e t e r y h a v e had th e m a t t e r of hir-ing ?. sexton for Fa i r v i ew Cemetery u n d e r c o n s i d e r a f o n and recommend t h a t i h e s e r v i c e s of L. D. Grose be

s ecu red lor on e ye ar a t a salary of $350.00 p e r y e a r t h e said L. D. Grose also a g r e e s to furnish a h o r s e whe r-e ve r n e c e s s a r y in connection with his wor k in said c e m e t e r y wit ho ut extra charp:e.

I. L. S H E R K , O. L. ROBINSON.

Committee. Adopted aa follows: Yeas--Aid. Gill, Douglas, Schlenk-er, K e a r n s , Sc hu mach er ,, Markey, Bangs , She rk, Goodyear, Coon, Rob-inson, Fi s c h e r , P r e3. Walz--13.

N a j s -- N o n e .

Unfinished Busin?sr, By Aid. Goodyear-- W h e r e a s , F o r a long period of time

t h e r e h a s been much dissatisfaction e x i st i ng is th is city In re ga rd to t h e

wa t e r supply thereof; and W h e i e s , Co mpl ain ts h a v e been m a d e t h a t t h e Ann ArbDr W a t e r Co. ha ve ch ar ge d excessive rate3, made a r b i t r a r y r e g u la t io n s , furnished un-wh o le s o me wa^er, a t insufficient

p r e s s r e ; and W h e r e a s , Diffe;-enc3s h a v e arisen b etwee n t h e city and t h e W a t e r Co. as to t h e r ' g h t s of t h e city, and t h e d uty of t h e W a t e r Co., ar isi ng un-d e r its c o n t r a c t with th e city; and

W h e r e a s , P e t i t i o n s h a v e been filed with t his t o d y , s u g g e s t i r g various r e me d i e s and ur ging the adoption of v ari ous lines of a c ti o n; and

W h e r e F, It s admitte.i - by t he 0

CouNCii, PROCEEDINGS. 169 counsel of the Water Co. that the city may recoup itself for any dam-

ages suffered by it by failure of the Water Co. to comply with its con- tract, by deducting the amount thereof from any sums alleged to be due the Water Co., for services here-tofore rendered; and

Whereas. It is understood that the city attorney and some of the mem- bers of this council are interested in the Water Co.; and

Whereas, It seams best for all con-cerned to have ths whole subject j fully investigated and reported on ! w th recommendations, by a special committee, composed of persons as | nearly disinterested as possible;

Therefore, Ee it resolved by the Common Council of the City of Ann Artor, iis follows: ! 1. That a joint committee, com- \ posed of seven members of this coun- I cil who hold over after the next

election, and the following persons, citizens of the city, Henry S. Dean, Cj renus G. Darling, Gottlob Luick, Israel C. R^^ssell. B. Frank d i n g e r ,

Horace L. Wi'gus. and Joseph B. Davis, be appointed to investigate fully the whole situation relative to the water supply of the city, and at such time as is possible to report to this body with recommendations.

2. That such joint committee be specially directed to enquire into and report upon, with recommenda-tions,

(1). The legal rights of the city and the inhabitants thereof, and the legal duties of the Water Co. under^ Its contract with the city, with the

nest methods of protecting the for-mer and enfcrcing the latter;

(2). Whether or not, and if so to what e x e n t and in what particulars, the Co^iipany has heretofore vio-lated, or is now vulating, its duties to the City or its inhabitants; (3). The present, and all available, sources of supply of water to the c t / , together with the geological, sanitary, and other qualities and con-di ions co :nected therewith;

(4). The power and authority of the ci y tc coistruct water works of

its own, and the best method of pro-ceeding therein;

(5). The probable cost of con-structing new and up-to-date works adequate to the satisfactory present and future supply of the city and its inhabitants, and for adequate fire protecfon;

(6). The probable expense of oper-ating the same;

(7). The probable rates at which water could then be furnished to the city and its inhabitants; (8). The fair and reasonable value

cf thp plant of the present Water Co.;

(9). The probable cost of making it adequate to the present and future needs of the city and its inhabitants; (10). What wo.ild be reasonable

rates to be charged by such com-pany should the works be so per- fected ; (11). The price at which such

works could be purchased; (12). Such other matters relative

to the supply of the city and the in-h alit ants with water as to such committee shall seem necessary or desirable.

3. That said committee shall have authority to ask any justice of the peace, and the request of the council to comply therewith is hereby made, lo issue subpoenas or process of war-rant .to compel the attendance of per- sons and the production of books and papers before said committee and said committee may compel wit-nesses to testify, and the chairman

thereof may administer the neces-sary oaths.

4. That the payment of all bills al-leged to be due to the Water Co., by the city, be deferred until report by said committee as to the rights of

the city therein be made to this body, and further action tanen thereo.x. 5. That this body deems the view

taken by the president of the Water Co., and communicated, by the au- thority of the board of directors thereof, to this body at its last meet- ing, to be virtual repudiation of the duties of such company under its

170 COUNCIL PKOCKEDINGS.

contract with the city, and as notice to the city of an intention to aband-

on fhe full performance of such con-tinu ng duties by said company, and

the city is thereby released from all turther obligations to such company thereunder. 6. Thcxt during th e investigation above ordered, the supply of water Dy the company, and the acceptance

thereof by the city, shall in no way affe:t the right of the city to claim it has been released from the provis-ions of the contract heretofore exist- ing by the action of said company, or to annul and cancel the same, and to revoke aU the alleged exclusive rights claimed thereunder by such company, if the facts when fully as-certained shall, in the judgment of

this council justify such action. 7. That said committee may hold their meetings with open or closed doors as to them shall be deemed

best, but they shall keep a complete record of their proceedings, and a copy thereof shall be deposited with the city clerk along with the report and recommendations of the commit-tee, when the!r work Is completed.

8. That a copy of these resolutions be given to said Water Co., and that it shall be given such opportunity to be bearu before the committee here- by appointed as it shall choose to accei-t.

Aid Fischer offered a substitute res-olution which was not supported. Aid. Schlenker offered the follow-ing substitute:

Resolved, that the junior members of the council ba appointed a commit- tee to confer with the Ann Arboi Water Company, in order to make a final settlement and purchasing theii plant. Lost as follows: Yeas--Aid. Schlenker, Kearns, Markey--Z. Nays--Aid. Gill, Eouglas, Scumacher, Bangs. Sherk, Goodyear, Coon Robinson, Fischer, Pres. Walz--10.

Aid. F;5:cher offered an amendment lo the original re:olution as follows. That Iho committea be reduced to

seven--composed of four aldermen and three citizens to be appointed

by the council. Lost as follows--

Yeas--Aid. Eouglas, Schlenker, Kearns. Markey. Fischer. Pres. Walso

Nays--Aid. Gill, Schumacher, Bangs, Sherk, Goodyear, Coon, Rob inson--7. By Aid. Douglas--

Resolved, that the committee nam-ed in re.rolution be changed by sub- stituting the name of Mr. Copeland for Mr. Dean and Mr. Bogle for Mr.

Wilgus. i-.ost as follows--

Yeas--Aid. Douglas, Schlenkei Kearns, Markey, Fischer. Pres. Walz --6. Nays--Aid. Gill, Schumacher, Bangs, Sherk. Goodyear. Coon, Rob inson.--7. By Aid. Fischer-- Resolved, that the original resolu tion be amended by adding the name of Dr. Royal S. Copeland to the com-

mittee named therein. Adopted as follows:

Yeas--Aid. Douglas, Schlenker, Kearns, Markey. Robinson, Fischer, Pres. Walz--7. Nays--Aid. Gill, Schumacher, Bangs, Sherk, Goodyear, Coon--6. The original resolution as amend- ed was then adopted as follows: Yeas--Aid. Gill, Eouglas, Kearns^ Schumacher, Markey, Bangs, Sherk, Goodyear, Coon. Robinson, Fischer,

Pres. Walz--3 2. Nays--Aid. Schlenker--1.

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