Los Angeles daily herald., 1886-12-04
Ordinance No. 267.
Lease of water to Citizens Water Com
pany.


AN ORDINANCE.
The Mayor and Council of the city o!
Los Angeles do ordain as follows:
SECTION l. The Mayor of the city IL
authorized and directed to execute IL
the name OF the City to the Citizens
Water Company lease of the same
tenor and effect and in the same form as
tn draft of lease annexed hereto.
Provided that the price OF water sup
piled by said company shall not D.
greater than that charged by the City
Water Company for similar service
and
Provided that this lease shall IN ne
wise affect the right of the Council o
the city of Los Angeles to impose
license and regulate water rates,
SEC. 2, This ordinance shall Do IL
force from and after its passage appro
val and publication.
DRAFT OF LEASE
This Indenture, made this DAY O
November. 1886. between the City. o
Los Angeles. a municipal corporation
partv of the first part, and the Cltizens
Water Company, corporation, th'
marty of the second part, Witnesseth
That the said party of the first part, fol
ond d;nc,nsideration of the contracts ano
agreements on the part OF the party Of
the second mart herein contained, have
leased and let and hereby do lease and
lat INTO the party of the second part
that certain part of the waters OF the
Citv of Los Angeles diverted at or above
the tuunel constructed on the Lick tract
by Wicks and Mills from the main sup
ply ditch, and at one other point such as
approved by the City Council OF the City
OF Los Angeles or its successors in ofhce,
for the use of the residents of the City
of Los Angeles; said amount of water to
he equal, whether diverted at one OF
two places, to twenty inches OF water,
miners measurement, under six'inch
pressure. :,
In consideration of said lease, the
said party of the second part agrees,
during the continuance of said lease, te
carry through the pipes of said party OF
the second part, free of charge or ex
pense to said city, such water as the city
NAV take for the necessary use wlthil
the district supplied with water by saio
second party for all city buildings, pub
lie parks, public squares, public fire by
drants. public schools, flushing of sew
ers and public sprinkiing Migrants
established at the expense OF the cry IL
said district; but 1t is understood ano
agreed that said water SO run for tnt
benefit of and free of expense to the saio
city of Los Angeles, shall not be estimat
ed as any part of the said twenty inches
but the same is an addition thereto
And. as a further consideration, the saio
Citizens Water Company agrees to pay
ten per cent. of the whole amount
of expense of maintaining any
acoueduct belonging to the city
Asrom which said company di'
verts any portion of the water above
mentioned from the point OF such diver
sion to the source of the water supply
In case of hereafter cementing the main
ditch or piping said water, said company
shall pay ten per cent. of the annual in
terest of said permanent new invest
ment from point of diversion to source
of supply.
This contract shall not extend beyond
July %, 1898, but may be severed by
either party by resolution OF the Board
of Directors of party of the second part,
or by resolution of the City Council,
written notice of the said action being
served on the other party hereto one
year prior to the proposed time OF TAX
ing effect as severance of this contract.
Provided. said notice is in due form
and repeated by similar action. SIX
months prior to the time designated for
said severance taking effect.
1t is understood and agreed that the
citv incurs no obligation to keep up the
ditch in consequence of this contract or
ordinance. Party of the second part
agrees that at any time during the con-
tinuance of this contract, provided no
.,,,ysice has at such time been given to
sever the same, to sell to party OF the
first part the works OF the Citizens Wa
ter Com pany, at a price to be agreed
upon by the parties hereto, and In case
the price cannot be agreed upon by the
parties hereto, then each of said parties
shall select person and the two per.
sons then chosen shall select a third and
the amount adjudged by three to be the
value of said property shall be final
determination thereof; said arbitration
proceedings shall be duly entered OF
record in the Superior Court.
SEC. 3. The Clerk of the Council
shall certify to the passage of this ordi-
nance and shall cause the same to be
published once in the Los Angeles Daily
HERALD, and thereupon and thereafter
it shall take effect and be in force.
I hereby certify that the foregoing
ordinance was adopted by the Council
of the city of Los Angeles at its meeting
of November %, 1856.
w. w. ROBINSON,
Clerk of the Council of the city of Los
Angeles.
Approved this I'd day of December,
1856. E. F. SPENCE
lt Mayor.
santa Ana,s Gift.
The oenarous impulses of the season,