Los Angeles daily herald., 1888-11-06
THE CITY COUNCIL.
City Taxes Will Be Delin-
quent- November 20th.
THE COMING CITY ELECTION.
The City Not Liable for Street
Paving Unless Under
Regular Contract.

Paving Unless Under
Regular Contract.
The City Council met yesterday morn
ing and, in the absence of President
Humphreys. Councilman Lowell was
called to the chair. The following
Councilmen were present: Messrs. Han
ley, Moriarty. Teed, Cohn, Gibbs, Col
Inns, Bosbyshell, Barrett, Book, Chand-
Ter and Mathewss
During the reading Of the minutes Mr..
Humphreys came in.
Mr.. Cohn moved that the ordinance
extending the time for the collection OF
taxes to November Goth be read and
adopted. Carried.
Captain Barrett moved that the action
of the Council in prohibiting elections in
the city buildings be rescinded. Carried.
Mr.. Cohn moved that the City Attor-
ney draw resolution calling an election
for city officers on Monday, December,
Sd. Carried.
Captain Barrett moved that the Street
Superintendent place catch basin at
the southwest corner of Spring and First
streets. Referred to the City Surveyor
and Street Superintendent with power to
act.
Captain Barrett moved that the Street
Superintendent have power to move
building materials where the same inter-
fere with the paving of the streets.
Carried.
Mr.. Book moved that the street car
company place the Car tracks in proper
condition in front OF the Bryson & Bone
brake block, on Spring street. Carried.
Reports of officers we're read and re-
ferred to the Finance Committee.
City Attorney DAILY fled an opinion in
regard to the city's liability for the paw
ing of Eighth street, which is important
insomuch as it also applies to other
streets which have been graded, and for
which the contractors expect pay from
the city. The opinion is as follows:
1 am called upon by the Council for my
opinion as to whether the city is liable for any
street from Union to Alvarado. An agreed
state of facts between the contractor and the
street has IS been tSied in my once for my inform
alton and guidance in determining the rights
Of the contractor and the liability, II any. Of
state of facts it appears that on the. 18th of
February, 1888, q petition to have the work
81
ary goth. Subsequent to this the usual steps
were taken by the Council, and the award Of
award given April 30th; that on May 22d the
contract was entered into and the work COM
pleted August 5th. The first question to be de-
cided is by what assessment are we to be gov
erned in arriving at the value of this property,
for the purpose of ascertaining whether the
sessed value thereof, as borne upon the last
assessment roll, made for levytng Of taxes for
municipal & think the rns
of the grading of this street is ascertained
70 be far in excess of half the value Of said pro-
erty as shown on the ,s role IL In that
Of said work exceeding half of the assessed
value of said property shall be assessed to the
Of 1885. commonly called the vrooman act.
fails to point out how this value is to be ascer-
tanned further than that the City Engineer @ shall M
mates of the cost and expense OF the work, and
In subdivision of soc. z, that whenever the
assessment upon any lot w0ui9 exceed nan me me
VALUATION of said lot as 1t was LAB. assessed Ior
1.nn.c:pai .nn.c:pai taxation. hen, unless tne owner
shall be only to the amount of half Of said last
remainder Of said assessment shall be assessed
to the city and be payable out of the city treas
ury." AL this is indefinite. Whose duty is it
Il was last assessed for municipal taxation? Is
It the duty Of the Superintendent OF Streetsl
The act doesn't say SO. In the absence OF any
look to the Charter Of the city for authority as
to what must be done 10. warrant the
payment & sso0S Sat % article S hs s city SE
the s' Charter provides that "The, city
of Los Angeles shall not be and is not bound
by any contract. or In any way liahle thereon
unless the same is made in writing by order OF
the Council, the draft thereof be approved by
the Council and the same ordered to be, and be
signed b the Msor Or other
in the case now under consideration, nor does
herefore Of the Opinion that the m city city is NO
Eighth street IN conclusion @ viii viii e state % that
assessed value of lots and lands fronting on
streets proposed to be improved, before passine
Q resolution of intention to improve. Had thit
been done in this case no trouble would have
arisen.
The opinion was placed on file.
The report of the Police Commission
asking for an increase of two officers was
received and filed.
The Fire Commission recommended
that fifty tons Of hay be purchased. The
Clerk was instructed to advertise for 15O
tons to be delivered as required.
The Gas Committee recommended that
q rhren-'--'.~ mast be erected at thc
corner of College and Lucas avenues,
Mr.. Cohn called attention to the facI
that provisions had been made for more
lights already than there was money tt
pay for. The lights bill for the year will
be from $4,000 to $4,000 more thar
there is money for. Recommendation
laid over.
Also, recommended that light be pu
on the Sixth-street Park. Mr.. Bool
moved that this be allowed. Mr.. Cohl
objected because the city is paying fol
three lamps there now. A motion t.
erect this light was lost.
Mr.. Chandler moved that all petition
for lights be placed on file, to be takel
off when there is money in the fund
Carried.
A motion to pay for the light on tn
corner OF Temple and Belmont street
was carried.
Mr.. Cohn called attention to the fac
that the contract with the Electric ligh
Company will soon expire and the Clerl
was instructed to ascertain the time an
report at the next meeting.
On motion Of Captain Barrett it wa
d~n;.yod ko toHo M furthpr action in re