 | Board of Visitors minutes October 6, 1905 |  |
October 6th, 1905.
A called meeting of the Board of Visitors was held at
the University on the above date.
Present. The Rector, and Visitors Downing, Wallace,
Buchanan, Harmon, and Hunton.
The Board was called to order by the Rector at 2:30
P. M., and the following resolutions were adopted:
Resolved:- That the Rector and Board of Visitors accept
with gratitude the generous gift of five thousand dollars from
Dr. William Cabell Rives of Washington, D. C., and hereby establish
the William Cabell Rives Fellowship in History and Economics.
Resolved.- That the sum of Two Hundred and Ninety Dollars,
($290.00) be appropriated for two assistants in the School of
Mathematics.
Resolved:- That Dr. Augustus H. Buckmaster be appointed
Professor of Gynecology, Obstetrics, and Abdominal Surgery
in the University of Virginia for the session 1905-6.
It appearing that the advertisement required by statute
has been made, for the appointment of a Professor of Surgery
in the Department of Medicine of the University of Virginia,
Resolved:- That Dr. George Ben Johnston be appointed to the
chair of Professor of Surgery, at a salary of Three Thousand
Three Hundred Dollars, ($3,300.00) per annum, beginning September
15th, 1906.
Resolved, further:- That Dr. George Ben Johnston be appointed
chief-of-Staff of the University Hospital at a salary
of Seventeen Hundred Dollars, ($1700.00) per annum, beginning
September 15th, 1906.
Resolved: That the Bursar be directed to pay the balance
due P. J. Pelz, of $180.58, for services as architect of the
Hospital; and the amount paid on the Hospital, of $156.49,
without special appropriation is hereby confirmed.
Resolved: That the various requests for rebates of students'
fees, presented by the President, be referred to the
President and Chairman of Executive Committee for final action.
Resolved: That there be appointed by the Rector, a Committee,
to consist of two members of the Board, and two members
of the Faculty, with the President an ex officio member,
to confer with the Committee of the Trustees and Faculty of
the Medical College of Virginia, in regard to the amalgamation
of the medical department of this University with the Medical
to report to the next meeting of this Board.
Committee under above resolution:-
From Board,-Messrs. Harmon & Hunton, from Faculty, Drs. Whitehead
& Barringer.
Resolved:- That, whereas on the 13th day of April 1905,
an order was entered by the Board of Visitors, reciting that
there would be a deficit in the current expenses for the year,
for which it was necessary to make immediate provision, and
whereas, it was made a matter of record that the individual
members of the Board would execute such contract as might be
required, binding themselves jointly for the payment of such
sum, not exceeding Eleven Thousand Dollars, and whereas, such
contract was executed by the individual members of the Board,
and on the security of the same, the Proctor borrowed the sum
of Eleven Thousand Dollars from the "Fidelity Savings & Trust
Co." of Charlottesville; which amount has now been fully paid,
and discharged, and said contract returned to the Bursar, it
is ordered that the same be cancelled by the Finance Committee.
Resolved: That the Board hereby confirms the report of
the Finance Committee this day made and directs a list of the
bonds purchased with the One Hundred Thousand Dollars, known
as the "Rockefeller Donation"; which said list is filed with
said report together with a receipt of the "Virginia Trust
Co." of Richmond, for said bonds; to be recorded by the Secretary.
Resolved: That the Board also confirms the action of the
Finance Committee in making an arrangement with the "Virginia
the Sinking Fund, consisting of sixty-eight Thousand and eight
hundred Virginia three per cent bonds and Two Thousand "Georgia
Pacific" six per cent bonds, and for the redemption of the
bonds of the University, maturing Oct. 15th, 1905, which will
amount in principal and interest to $72,085.; said Trust Company
to be paid one tenth of one per cent on the amount of
bonds sold, and to be allowed any commission that the said
Company may be required to pay to a broker for the sale of
said bonds, not to exceed one quarter of one per cent if any
of said bonds are sold through a broker.
And it appearing from the report of the Finance Committee,
that the proceeds of the sale of the Sinking Fund bonds
will not pay off the entire maturing indebtedness, the Finance
Committee is directed to leave unpaid to the extent of such
shortage, six per cent bonds held for the benefit of the "McCormick
Observatory Fund," and of the Library Fund of the University
of Virginia.
And the Finance Committee is instructed to invest the
proceeds of the maturing bonds held for the benefit of the McCormick
Observatory Fund and the Library fund in some interest
bearing investment, and make report of the same to the next
meeting of the Board.
Resolved: That the Trustees of the Jefferson Memorial
Fund are requested to authorize their Treasurer to invest the
fund in his hands, and to come into his hands, in securities
deemed safe by him, so as to provide as large an income as
practicable for the benefit of the University.
Resolved: That the report of Messrs. Harmon and Echols
as to the water supply of the University, this day made in
writing, be approved and confirmed; and in accordance with
the conclusions of said report, that the Bursar do pay to the
City of Charlottesville, the amount fixed by the contract of
May 17th, 1900 for the share of the University for operating
the pumping-plant, and continue as heretofore to make the
other payments provided for in said contract; and that the
Superintendent of Grounds and Buildings do investigate whether
there is any wasteful or extravagant use of water on the University
grounds, and if there is, to take the necessary steps
to prevent the same. The said report and accompanying documents
shall be recorded on the minutes of the Board.
The Report follows,-
University of Virginia.
The undersigned to whom was referred at your last
meeting the duty of considering and reporting what is best to
be done in regard to the the water supply of the City of Charlottesville
and the University, respectfully report:-
The water supply has proven deficient and the city has
had to incur some extraordinary expense in connection with
the supplemental water plant, and also proposes to make permanent
additions to the system at a cost estimated at $135,000.00.
A claim has been presented against the University for a
proportion of these extraordinary expenses, and we are also requested
to contribute a proportion of the cost of the permanent
improvement.
The consideration of the subject was first taken up in
the correspondence between the members of your committee,
which is herewith returned.
Copies of the contracts between the City of Charlottesville
and the University are also returned herewith. These
show the legal rights of the parties.
The first contract is dated January 20, 1885, and under
it the water-works were built. By this contract the aggregate
cost of the works was put at $90,000., of which the University
was to contribute $15,800., and the City $74,200. and
any additional sum needed to complete the work was to be contributed
by the parties in the same proportion. The works
referred to were to be constructed in accordance with the
plans of Earnest W. Bowditch, the engineer selected by the
parties, and when completed were to be owned by the parties
in proportion to the amounts they had respectively contributed
towards their construction. The University's interest
was therefore 17-56/100 per cent, and the interest of the City
therein was 82-44/100 per cent, making the University's interest
a littleless than one-fifth of the whole.
The contract provided with respect to the use of the
water by the parties, that the University should have the free
and exclusive use of so much of the water as should be drawn
into its pipes from the main pipe on its grounds, so as to
supply all the grounds which it then owned or might thereafter
acquire up to the line of the C. & O. Railway; and
after passing through the grounds of the University, then
the City was to have the free and exclusive use of the water
pleased; but neither party was to use the water so as to
prevent its free and proper enjoyment by the other.
The works were constructed under this contract and in
pursuance of the plans of the Engineer therein referred to;
and a ten inch main was laid from the reservoir through the
University grounds and down to the City, which was then the
town of Charlottesville, the municipality having become a
City at a subsequent date. The system thus inaugurated,
worked by gravity, and the grounds of the University were
higher than those of the city. The result was that the use
of the water in course of three or four years increased with
the increasing number of the city's customers the pressure
in the main in the University's grounds was diminished by
the draft of the water flowing out at the lower level of the
city, and the supply of the University became insufficient
for its needs. To remedy this and give the University the
supply which would be free from a draft or suction upon it
caused by the out-flowing water on the lower levels of the
city, the contract of January 7th, 1892, was entered into,
under which the University constructed at its own expense,
its own separate six-inch water-main, connecting its grounds
with the reservoir, and having no connection with the city
main, or pipes; by this contract the University sold and released
to the city all its interest in the ten-inch water
main, first put in. By this release and contract, the University
was given the right to connect its six-inch main
with the Reservoir, provided such connection could be made
or gate-house, and without detriment to the water supply of
the City, to be governed by the concurrent opinion of an hydraulic
engineer to be selected by the parties; and provided
further, that the University should indemnify and protect the
City against injury and damages which might sustain or be liable
for by reason of such connection notwithstanding the parties
or engineer had been of opinion that such connection
would be without injury or detriment aforesaid.
Said contract also provided that nothing therein contained
should be so construed as to alter the ratio of ownership of
the reservoir and water supply on the part of the city and the
University as fixed by their former contract of January 20,
1885.
This six-inch main was accordingly put in by the University
in the year 1892, at a cost of $16,600.76, and no injury
resulted therefrom to the "Dam Tunnel" or gate-house, nor has
any detriment resulted to the water supply of the City. This
has been the concurrent opinion of both parties as shown by
their long acquiescence therein without objection.
Prior to putting in this six-inch main the University
got its supply of water from the ten-inch main, thereby diminishing
to that extent the supply passing on through that
main to the City. The construction of the six-inch main, however,
by preventing this drain upon the main supply of the city,
has increased to that extent the city's supply; and in this way
has been and is a benefit instead of a detriment to the supply
received by the City. In the year 1896 a deficiency in the
certain supplemental water-works to be operated by steam,
whereby water was to be pumped from a stream called Reservoir
Creek, into the ten-inch main of the City. These waterworks
are situated near this ten-inch main some two or three
miles from the reservoir. Their cost was $14,576.48, and
the University agreed to contribute one-seventh of this sum
and was to own a one-seventh interest in the works.
In order to show the interest of the University in these
supplemental works and to settle other matters between the
parties, a third contract dated May 17, 1900, was entered into
between the City and the University which was duly admitted to
record in the Clerk's Office of the County Court of Albemarle
County.
The contract further contained the agreement between the
parties as to the terms on which the supplemental works should
be maintained and operated, and the reservoir and the University
water-main should be kept in order. These stipulations
are as follows:- "The City shall have the control of the aforesaid
supplemental water-works and the operation of the same,
and the University shall pay the city the sum of $30.00 per
annum towards the maintenance, caring for, and keeping in order
of the said supplemental water-works, and shall further pay the
city the sum of $12.50 per month for each month during which
the same shall be in operation for the benefit of the parties;
as the University's proportion of the expenses of such operation,
maintenance and the keeping in order." "The University
shall begin on and after the first day of July next to again
of which the City shall keep in order the said reservoir and
shall also blow out and keep clean of obstruction the said
water-main of the University, and keep the same in order, and
allow a free flow of water through the same, but this shall
not bind the city to renew or replace the said main or any
part thereof where, without default on the part of the City,
it may be necessary to do so.
During the year 1894, the City installed a sewerage system
which added a considerable per centage to the amount of
water it used, and was very probably the cause of the threatened
deficiency of the water supply in 1896. The larger portion
of the City's water however, is sold by it to persons residing
in the city limits or near thereto. Its charter gives
it practically a monopoly of the water supply within its limits
and within one mile thereof.
The amount derived by the City from the water sold its
customers is an index in part of the increased and increasing
use of water by the City. The water works appear to have been
gotten into full operation during the year 1888, and we find
from the City records that its revenue from water for the year
ending March 31, 1889, was $4,173.28, as shown by the quarterly
reports of the City Treasurer and the Water Committee of the
City Council, while for the fiscal year ending June 1900, we
find from the Treasurer's report (p. 336) the City's revenue
from water was $11,545.88, an increase of nearly three hundred
per cent. And figures just obtained from the City Treasurer's
from sale of water were $17,675.99 which was stated to be about
$2000.00 in excess of the previous year. This does not take
into consideration such water as is used without charge, nor
does it include delinquents. In contrast to the above figures
showing the greatly increased draft, by the city, put upon the
reservoir and the original main, the use of the water by the
University has not increased to any substantial extent since
they were first installed. The new buildings erected in consequence
of the fire of 1895 take a little more water to supply
them than those destroyed. Likewise the supply of the
boiler-house has been added. The Randall building and hospital
also increase our demands with these exceptions the population
on the University grounds, and use of water remain
about the same as in the year 1888.
There has been some increase of the student population,
but none in the number living upon the University grounds,
except in the comparatively small number lodged in the Randall
Building. A very large proportion of the students live
outside of the grounds and are within the territory from
which the city receives its water revenue. It was not contemplated
by the city when the supplemental pumping plant was
put in that it would be necessary to operate it except on rare
occasions, but for some months past it has been found necessary
to operate it almost continually, day and night, and it has been
necessary also to put in an additional Engine and to make connection
with Moore's Creek a larger watercourse. This pumping
the University supply has come from the Reservoir. It is
claimed that the University should pay more than the amount
fixed in the contract of March 17, 1900 for operating expenses
of the pumping plant, that we should pay a part of the expense
necessary to clean out the accumulation of mud in the pumping
plant dam; should pay a proportion of the cost of the new
boiler and of the expense of making connection with Moore's
Creek, and should contribute a part of the costs of the permanent
addition to the water works.
The first two items are plainly covered by the contract
of March 1900, and no good reason is seen why its terms should
be departed from, while the expenditures in all four of the
items are rendered necessary only by reason of the increased
demand of the City for water. The University is entitled certainly
to 17-56/100 per cent of the water accumulated in the
reservoir, which it seems evident it has not received, while
the city derives a large profit by reason of taking more than
its share, the University would not therefore be justified in
contributing to the cost rendered necessary by the increased
and increasing requirements of the City, unless it is to participate
in the revenues. Moreover unless the present plan
on which it is proposed to make the improvement is modified,
by increasing the height of the new dam, there would be no
increase in the pressure at the University, unless this is
done, we ought not to contribute at all. The University's
interest in the water works has already cost it $32,283.11,
while there is a fixed annual charge upon us to the City of
while the pump is in operation for our benefit. This seems
to be quite as much if not more than the University ought to
pay for its water supply. If the City should desire to buy
out the interest of the University, making satisfactory arrangements
for supplying us with water, it might be wise to
consider such a contract.
It is recommended that the Bursar be directed to pay to
the City of Charlottesville the amounts fixed by the contract
of May 17, 1900 for the share of the University for operating
the pumping plant and continue as heretofore to make the other
payments provided for in said contract.
It is further suggested that the Superintendent of Grounds
and Buildings be directed to investigate whether there is any
wasteful or extravagant use of water on the University grounds,
and if there is to take the necessary steps to prevent the same.
[1]
[See the following two pages for memorandums which are inserted
here in the original Minutes.]
On motion the Board adjourned, subject to the call of the
Rector.
Secretary.
Rector.
| Board of Visitors minutes October 6, 1905 | |