Los Angeles daily herald., 1889-03-19
THE COUNCIL.
The Water Rates of Last
Year Adopted.
LANDS OF RESERVOIR NO. FOUR
The West Sewerage Company's Bill
for the COuncilmanic Jaunt
Thrown Out.

The City Council met yesterday morn
ing. President Kuhrts in the chair and
Meesrs. Earl, Barrett, Moriarty, Cohn,
Hanley, Wilson, Threlkeld, McNally,
sinsabaugh, Shafer and Ford present.
Mayor Bryson returned, without his
signature, the resolution of intention to
improve Railroad avenue on the ground
that a protest had been filed with him.
On motion of Captain Barrett the veto
of the Mayor was sustained.
The question in relation to the estab-
lishment of water rates came up and
Captain Barrett moved that no action be
taken in the matter and that the rates be
allowed to remain as they were last year.
He said that the law provided that the
rates should be fixed in February and
The time had passed when any change
could be made.
On motion Of Mr.. McNally the Mayors
message, yetoing the ordinance liking
the rates passed in February, WAS sus-
tanned.
The CITY Attorney advised that an
ordinance fixing the rates should be
passed. 1t would be best to amend the
ordinance adopted in February. he
rendered the following opinion IN the
matter:
81 have made a careful examination OF
the question OF the right of the City
Council to establish water rates and tlx
the amount of compensation for water to
be purchased to any person, company or
corporation for domestic and private pur-
poses, and for other uses in the city OF
Los Angeles, and would respectfully re.
port: lat. That there is no question but
what the Council has that power as to all
persons and corporations other than the
Los Angeles City Water Company, pro-
yided the rate is not an unreasonable
one, ID. The Los Angeles City Water
Company is the successor in interest Of
all the right acquired by John S. Giffin,
Prudent Beaudry and Solomon Lazard,
under a contract entered into with the
city of Los Angeles, on the goth day OF
July, 1868, in which it was provided that
the Mavor and Common Council OF eaid
CITY should have the right to regulate the
water rate to be charged by said parties,
provided that they should not so reduce
said water rates or fix the price thereof,
to be less than the prices then charged.
The question 1 understand you now de-
sire an opinion upon is whether you have
the right to fix the water rate lower than
the price then charged. The authorities
are not clear upon this proposition, and
a great deal can be said on both sides OF
the question. 1 am of the opinion, how
ever, that you have that right, and that
YOU may fix the rates for water at lower
rate than that charged by said company
on July 20th, 1868, provided that the
rate so fixed shall be reasonable one,
in view of the necessities OF the public
and the requirements of the Water Com
pany."
The City Attorney was instructed to
prepare an amended ordinance, to be
presented at the afternoon session.
The committee on the damage to re-
suit to Misses Bigelow and Shatto, from
the construction OF a viaduct on First
street. recommended that commission
be appointed to award damages. The
committee also recommended that Thos.
Hayes be allowed 81 900 damages, pro-
viding he sign certain papers. The re-
port was unanimously adopted. Coun
Gilman B. Cohn was appointed
Commissioner on the part of the city.
The City Attorney was instructed to
draw the papers necessary. He pre-
sented an agreement between Mrs.
Bigelow and the city, which was adopted
and ordered to be presented tothe Mayor
for his signature.
The reports of various city officers were
referred to the Finance Committee.
The City Assessor asked that two OF his
deputies be paid $3.50 per month.
Mr.. Cohn said that he did not think it
right that the Council, just as it was
about to go out Of Office, should raise a
deputy's salary. The matter was re-
ferred to the new Council.
The Finance Committee recommended
that the reports of the various city
officers be received and fled. Adopted.
The committee also recommended that
the bonds OF all the new officers except
those of F. Eaton, City Surveyor, Nj. D.
Johnson, City Treasurer, L. j: Thomp,
son, City Tax Collector, and Colonel
Morford, Street Superintendent, be ap-
proved. The names of some of the sure
ties on the bonds Of those rejected were
reported as not appearing on the assess
ment roll at ali or else not appearing
there in sufficient amount. The bonds
of f. E. Lopez, City Auditor, F. G. Teed,
City Clerk, @. Mcfarland City Attorney,
John Fisher, City Assessor, were ap-
proved, and those bonds which were re-
jected we're allowed to be withdrawn for
amendment.
A recess was then taken until half-past
1 O'Clock.