Los Angeles daily herald., 1889-08-27
THE MAYORS MESSAGE.
He Says the City Has Been
Tied Up Securely.
1T GIVES AWAY THE SEWAGE.
The Sewer to be Forfeited if the
Contract is Not Completely
Carried Out.

outfall sewer, which message was re.
ceived and filed:
The city has an outstanding contract
with the South Side Irrigation Company
in which the city obligated itself to give
to said company call the sewage matter
of every kind flowing through the San
Pedro street sewer" and the right to use
the same for the period of eighteen
years from November /, 1885, and the
city shall not decrease the average
amount of sewage in said San Pedro
street sewer below 8 $751; 900 cubic feet
per second. The impression prevails
1T this company has relinquished and
ready to abandon all claims to this
sewage, and that the city is in condition
to enter into any contract regarding the
disposal OF the same, but | find upon
examination that that is not only not the
case, but that the South Side Irrigation
Company has now large force Of men
at work extending its line to differ
ent parties in the vicinity ol
Florence that want the sewage for
irrigation. quote from the HERALD OF
yesterday: "rhe South Side Irrigation
Company has reached Florence with its
pipe line, and number of men are at
work digging the ditch and putting in
the pipes. They are pushing the work
and will have it to some of the ranches
that will take water in a few days"
The only record of any abandonment
by said company that in any manner
affects said contract is OF December 6
1888, wherein the company offered to re-
linquish all it's rights in the San Pedro
Sc wage provided the city would grant q
contract to the Pacific Sewage Company
and the offer of REIMBURSEMENT is made
upon that distinct condition. Now, al
the city did not enter into any contrac
with the Pacific Sewage Com pany, there
is no right on the part of the city to sb
rogate this contract. The construction
of the outiall sewer will relieve the com
paDy of the difficulty of providing fol
the disposal of the sewage in the winter
time, when the ground is saturated with
water and sewage is not wanted for irri
cation, and will enable them to appropri
ate the value thereof in the summer
time. An agreement should be obtainec
from this company relieving the city
from its obligations to furnish the sewag'
after the construction of the outfai
sewer; because, after the city mas gone
to the expense of constructing costly
system of sewers to dispose of the
sewage in the winter time it ought to be
in the power of the city to control it il
the summer time when it may be o
value to the city. In this connection lei
me call your attention to contract that
your honorable body has entered into
with Anderson Rose, whereby you obli.
gate the city to furnish, supply and de-
liver to Rose, continuously from said
sewer, stoppage caused by breaks ant
repairs only excepted, not less than ont
cubic foot of sewage per second tor anC
during the whole time it 80 occupies sale
premises with said sewer [see Section s
of contract. The failure to keep a con
tinuous flow will Immediately operate tc
forfeit the RIGHTS of the city to run the
sewer through the same aud vest the
title in Mr.. Rose OF 30 much Of your out
fall as passes through his land. This il
but one of the forty onerous conditions
contained in this contract with MIR
Rose. Let me call your attention to thi
one, [see Section OF contractl, "and thu
right to so continue and maintain sait
sewer on. through and across said land o
first party is hereby made and shall b.
held to wholly depend upon said sec ont
party's doing, keeping and perform
ing each and all of the GOV
enants and conditions hereof il
the manner herein stipulated ant
agreed, failing in which all and singula
the rights and privileges hereby giver
shall terminate and cease, and all ant
singular the rights and privileges here
under that said second party miga
otherwise have had, ehall lapse and re-
vert to said first party, including the
possession of said portion of first party
said premises for the purpose of keeping
or maintaining said sewer thereon
and upon such default and failure On tht
part Of said second party, and sucl
termination, lapse and reversion, sale
first party may re-enter and repossesl
the same" The contract also provides
(see Section of contract) "that any and
all sewage flowing through said sewer
on, over and beyond the sale
land of the first party hereto (Rose
shall be carried to and discharged
into the Pacific ocean, and that said
party shall continue its said sewer Il
the low water line on the ocean beach
for that purpose" By the purchase o.
the Gun Club grounds the city will own
q large strip of sandy soil lying between
the Ballona lake and the ocean, OF sim
liar character to that on which the Cor
onado Hotel is built, and especially
adapted by reason of its sandy character
to the use of sewage for cultivation and
ornamentation. The Golden Gate Park
which is now the pride of our State was
a few years ago just such barren waste,
and to redeem the same from its barren
condition nothing is 30 beneficial as the
use of this sewage; then why should the
city be prevented by conditions in this
contract with Rose from the use of this
sewage?
The sewage is discharged into the
ocean beyond it and is utilized on the
land of Rose this side of it, but none
must be used on this land. There must
have been purpose in preventing the
city from using any of this sewage on it's
own land bount ed on both sides as it will
be with sewage matter. To use any oi
this water on this land the city will for
felt to Mr.. Rose 30 much Of the system
as passes over his land and without
further ceremony he can enter and take
possession and stop up the sewer. By
this contract we have got to discharge all
the sewage flowing through Rose e
land into the Pacific Ocean, drop can
not be diverted or used. After the con-
struction of this sewer system, failure
on the part of the city to comply with
any one Of the forty odd conditions con-
tanned in this contract with Mr.. Rose,
authorizes him to block up your sewer
and Won have no remadv hacauaa that ia