CROTON AQUEDUCT BOARD. September 1, 1853. At a meeting of the Croton Aqueduct Board held this day. Nicholas Dean, Esq., President, having communicated his resignation to the Mayor, not being present at this meeting, the session was held by the other members, Messrs. De Forest and Craven. The following was offered by Mr. Craven and adopted: Whereas, By a resolution of this Board passed at a meeting held February 9, 1852, the Board legalized, as far as in them lay, the validity of contracts and legal notices signed only by the President; and Whereas, It is doubtful in point of law whether the Board possessed such power, the same not being recognized in the law organizing the Department or by ordinance of the Common Council; therefore, Resolved, That said resolution and the powers vested therein be and the same is hereby rescinded. THEO. R. DE FOREST, Secretary. CROTON AQUEDUCT BOARD. October 11, 1853. At a meeting of the Board held this day, the following communication was directed to be sent to the Counsel to the Corporation: Office Croton Aqueduct Department, ROBERT J. DILLON, Esq., Counsel to the Corporation: October 11, 1853. Sir-Accompanying this we present for your examination a contract between this Department and John Quinn for the construction of a sewer in Seventh avenue, The time for the completion of his work is designated in his contract. The work is not yet completed, nor is there any indication that it will be done within any reasonable time. We beg leave to ask from you, as Counsel to the Corporation, your opinion whether under the terms of the contract it can or cannot now be legally declared by this Department void and the work re-let. Very Resp., Your Obt. Servts., THEO. R. DE FOREST, Acting President. To which communication Mr. Dillon replied in the affirmative. THEO. R. DE FOREST, Secretary. CROTON AQUEDUCT BOARD. October 16, 1853. At a meeting of the Board held this day. The following resolution of the Common Council was received: Resolved, That the subject of increasing the pay of Inspectors employed upon sewers from two dollars to three dollars per diem be and is hereby referred to the Croton Aqueduct Department with power to make said increase if in its opinion it be proper. Adopted by the Board of Aldermen September 12, 1853. Adopted by the Board of Assistants October 10, 1853. Approved by the Mayor October 15, 1853. D. T. VALENTINE, Clerk, Common Council. Whereupon, after consideration of the subject, it was Resolved, That said increase be allowed on all sewers put under contract after January 1, 1854. THEO. R. DE FOREST, Secretary. CROTON AQUEDUCT BOARD. December 6, 1853. The Board met this day by special call, all the members present. Elias L. Smith, Esq., President, in the chair. The special business of the meeting was the consideration of a proposition to allow the Avenue C and Fourteenth street sewer to proceed in its construction after the 1st day of December, contrary to the notice given to the contractors to suspend their work on that day in accordance with the provisions and agreements entered into by the contractors with the Department. Mr. Porter G. Sherman, the contractor was duly notified to appear before the Board, and appeared accordingly. Mr. John Pettigrew, his surety, and others interested in the construction also gave their attendance. The opinions taken were as follows: Mr. Lowber is interested in property adjoining and in the construction of the sewer; described the situation of the property, the condition of the sewer and the present drainage, which last, in his opinion, could not be continued without damage to the parties interested. No special reservation or agreement has been made with the owners of the property through which the drainage is now made, and in the event of their building on such lots the stoppage of the drainage would be complete, and the effect of such stoppage would be the cause of immense damage to the whole district drained by the Avenue C sewer. Mr. Ogden complained mostly from personal inconvenience in his business arrangements. He concurred in the opinion of Mr. Lowber as to the damage which would result from the stoppage of the work. The gas company are now laying brick in cement. Samuel R. Smith-Work done in freezing weather and exposed to frost would be rotten. Work may be laid in lime mortar in freezing weather, but not in cement without being covered immediately. Mr. Pettigrew said that the sewer could be completed in two weeks of good working weather. The contracting parties offered to enter into proper stipulations to make good any defect arising from improper work being done. The Board now went into private consultation on the subject, which resulted in Mr. Craven offering the following: Under all the circumstances I have made up my mind to consent to the prosecution of the work under the following provisions: First-The work which was laid on Saturday, December 3, to be taken up. Second-That no work shall be done hereafter except on such days or parts of days as shall be designated by an Inspector who will be placed on the work. That the contractors shall not commence work on any day before the time designated by such Inspector nor proceed with it at a later hour in that day than said Inspector may direct. Third-That there shall be as many Inspectors as there are different points at which work in masonry being done at the same time. Said additional Inspectors to be paid by the contractor two dollars per day, but only for such days as they may be actually on the work. Fourth--That a bond in $10,000 be given to the Corporation through this Department by some responsible third party, that any portion of the work which in the ensuing spring may prove to have been injured by the frost shall be immediately made good, and that any part of the arch of the sewer which may give way before the first day of August next shall, within five days after notice thereof, be repaired in a manner conformable to the general specifications of the present contract. Fifth-That these provisions together with the considerations which have actuated the Board in this matter be entered at length on the minutes. Note-A bond with articles of agreement in accordance with the above was drawn, which the parties refused to sign and which are filed, together with a letter from P. G. Sherman containing his reasons for refusal. A second bond was drawn by the President which was signed by Mr. Pettigrew after an interlineation had been made by him, which is also on file. On the 14th of December the Board again held a meeting on the subject, at which Mr. Craven offered a resolution that the sewer in question be not accepted unless under a bond from Mr. Pettigrew that any portion of the arch built after the 1st of December which might give way before the 1st of August next be repaired by the contractor according to the terms and under the conditions of the agreement first made and assented to by Messrs. Sherman and Pettigrew. The President thought such proposition untenable, and after some remarks show- . ing that the Department had been committed in some degree by the action of the Inspector in charge, and setting forth the difficulties under all the circumstances of maintaining this position, Mr. Craven consented to waive the consideration of his resolution and substituting the following: Resolved, That Mr. Sherman be notified that Simeon Pomeroy has been appointed as the Inspector over the work and that such portions of the work as shall be specially pointed out by him as defective and not in accordance with the provisions of the contract will be rejected, and that is the unanimous decision of the Board. Which having been unanimously agreed to, the Board adjourned. THEO. R. DE FOREST, Secretary. Note-A letter in accordance with the above resolution was addressed by the President, a copy of which is also on file. CROTON AQUEDUCT BOARD. At a special meeting of the Board. Present-Messrs. Smith, De Forest and Craven. Held December 27, 1853. A letter from Robert J. Dillon, Esq., Counsel to the Corporation, dated December 24th inst., relating to the act passed June 30, 1853, for taking lands for a new reservoir was read, and on motion of Mr. Craven the following preamble and resolutions were adopted: Whereas, The Board on the 9th day of February, 1852, resolved that the ground comprised between the Fifth and Seventh avenues and Eighty-sixth street and Ninety-sixth streets be and the same is hereby appropriated to a new reservoir; and Whereas, Section I of "the act to facilitate the acquisition of lands for a new reservoir in The City of New York, passed June 30, 1853" provides that "The Croton Aqueduct Board in The City of New York, for and in behalf and in the name of the Mayor, Aldermen and Commonalty of The City of New York, are authorized to acquire title to all such lands, tenements, hereditaments and premises lying between Eighty-sixth and Ninety-sixth streets, and Fifth and Seventh avenues, or as much thereof as they may deem desirable for the purpose of constructing a new reservoir in The City of New York, under the authority of the Common Council"; therefore be it Resolved, That this Board deem it advisable and necessary that title to all the lands and premises lying between said Eighty-sixth and Ninety-sixth streets, and Fifth and Seventh avenues, be acquired with as little delay as possible for the construction of said new reservoir. Resolved, That the Counsel to the Corporation, Robert J. Dillon, Esq., be and he is hereby requested to take the necessary measures in behalf of this Board to acquire title to all the lands and premises lying between the said streets and avenues, pursuant to the provisions of the act above named. A copy of the above proceedings was communicated to Mr. Dillon, with letter as per letter book. CROTON AQUEDUCT BOARD. January 6, 1854. At a special meeting of the Board held this day, all the members present. The following resolutions were, after .discussion, adopted, nem. con.: Resolved, That the annual compensation of Henry L. Robertson, Sewer Permit Clerk, be increased from one thousand to twelve hundred dollars per annum. Resolved, That the salaries of Seymour V. Moody, Gilbert H. White, Edmund E. Dean and Thomas Hook be increased to eight hundred dollars per annum each, and they hereafter be designated as Clerks in the Croton Aqueduct Department. Resolved, That the compensation to John Concklin, Messenger, be increased one hundred dollars per annum. Resolved, That the wages of Alexander Thompson, Messenger to the Chief Engineer's office, be fifteen dollars per month. Resolved, That the increased compensation allowed by the preceding resolutions take effect from the 1st of January, inst. Adjourned. THEO. R. DE FOREST, Secretary. |