New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-04-20

M t01l0Yu&
Al ordinance to provide for the more efa-
Gent drainage Of the city Of New Orleans
and environs and thsir proeection nom
inundatiOn.
WHEREAS, By the provisions OF act No.
80 Of the session Of 1871 Of the Legislature
OF Louisiana, It IL made manuatuFy upon
tho Co&ncil Of the city of New Orleans to
provide, ON the part Of the city, for an ex-
tensive system Of drainage, to lay out the
lines, and fix the location and dimensions
Of certain canals aud levees, and in VARIOUS
ways to recognize the claims and acco1 ~
Of, and to make eettlemsnts witn c cno %.
in performing theexcavation OF eucn c"""l''
and the building of levees; ana,
whereas. THE Council of the city deems
certain horizons of said bill to put IN ques-
t;nn the r;pht of the city to the proper con-
troll of its drainage system and its rlgnt vol
unfairly to contract for the WORK, ana agree
upon q price for the same, and does not
recognize the validity or consrsuuonanty OF
the said act in certain Of it's parts, YET con
v;nced of the Importance of fan effective drain
ACE svstem. of the desire Of the public fos its
ACCOMPLISHMENTS without further delay and
:afisfied of the capacity and readiness Of the
said company to perform the work required
by the city, it is deemed proper ny the
Council aforesaid to ordain az follows:
SECTION l. Be it ordained by the Council
of che city of New Orleans, That a! mat
tiers appertaining to drainage and the pro,
tectlon Of the city from inundation be placed
under the immediate charge Of the Admin
istrator Of improvements, aided by the
SEC. 3. BE it further ordained, etc, That
the MayOr and Administrator OF Finance
shall be associated with the Administrator
of improvements as standing Committee
ON Drainage, to act until the further pleas.
ure Of the Council. 1t shall be the duty OF
said committee to prepare plan OF. work
to be entered upon Immediately, and to re-
mort to the Council, at its first meeting after
the adoption of this ordinance, what canals
and leyees, or extensions of present canals
4 and levees are most urgently required; and
mon the approval Of the same by the
Council, the Administrator of Improve
ments shall authorize the Mississippi and
Mexican Gulf Canal Company to enter upon
the performance of the said work under his
direction.
SEC. 5. Be it further ordained, ETC., That
the city expressly declares and notifies the
Mississippi. and Mexican Gulf Canal Com
pany thatit does not waive its right freely to
contract for the work of excavating the
canals and erecting the levees required,
with the said company, or any other party,
Is may hereafter appear to the best advan-
tage Of the city; and that the directing or al
lowing the said company to enter upon and
perform any portion of the said work laid
down lie not to be considered as implying
their exclusive right to it's performance and
completion, or to continuing the same further
or otherwise than during the pleasure of
the Council. The said company is further
notified that such work, and no other, as
shall be performed with the consent and ap-
prevail of the Council. will be settled for as
hereinafter provided.
1. The surveyor shall measure and certify
the dimensions of all the canals and levees
now existing along the line of the works
entered upon, 60 tar as the same may form
part of the canals and levees to be con-
structed: the same to be allowed for by the
company in deduction of their measurements
of work performed and completed.
g. The canal work to be measured and
certified monthly; the levee work also to be
measured and certified monthly so far as
the same shall have been shaped and COM
pleted, and sufficiently dried for the pas
sage thereon of vehicles, it being the inten-
ton hereof that the levees shall have the
full dimensions required after being dried
and ready for use and all payments shall
be based upon measurements made of them
in that condition.
8. The'earth removed from the canals, and
not required for levees, shall be the property
of the city, and disposed Of as the city may
deem proper.
4. The city will issue warrants for the pay
ment of the work, 40 required by the act OF
the Legislature, aud in case of the nOn-real-
izatiOn or non collection of assets provided
for therein, the same to bear eight per cent
per annum interest; the said warrants to be
issued with the understanding, to. be in
scribed therein or indorsed thereon, that
they shall not be enforceable by suit
and Judgment, but il. not paid within
one wear out of the proceeds of the
drainage tax and assets, they shall be
| fundable in bonds of the city, bearing eight
per cent interest, payable semi-annually,
having ten years to run, and with due pro-
the pnnctual payment Of interest and
gradual extinction of the principal.
| The city shall have power to sell said
bonds or give the Same in payment Of
| the work performed; but no sale or ex-
| change shall be made Ut price less than
| eighty cents ON the dollar, exclusive of in
terest; and any holder Of . fiindable war.
rant, after thirty days notice, if not paid
| in money, may demand bonds for the same
at eighty cents on the dollar.
S. The payments, certificates and warrants
| issued to the said company shall be based
upon and computed according to the meas
| urements made a. aforesaid.
SEC. 4. Be it further ordained, etc., That
the city expressly reserves the right, at any
| time hereafter, to contest, ut law Or other
wise. the constitutionality or validity OF ACT
No. 80 of the legislative session Of 1871, OF
any portion thereof, and notifies the Eissis
sippi and Mexican Gulf Canal Company
accordingly.
Mr.. Walton offered the following amend
| ments:
Amend by substituting the following fol
| section four of the ordinance, and changing
| the present section four to section five:
Sec 4. Be it further ordained, ETC., Tha
nothing in this ordinance relating to canal
| and levees shall be 80 construed as to imply
| that the earth taken from canal and place.
upon its banks shall constitute levee, bu
only such deposits a. the committee ma.
decide to he necessary for levee purpose
shall be paid for.
Mr.. Shaw accepted the amendment, ant
called for the yeas and nays on the ordi
nance as amended.
The Mayor: You do not desire the reading
Of. the ordinance, but the vote by yeas an,
nays9
Mr.. Shaw: am perfectly willing it shoul'
be read, but 1 did not call for it as did no
believe the Council wanted it.
Mr.. Bonzano said he did not believe Their