Los Angeles daily herald., 1889-08-06
THE CITY COUNCIL.
1t Meets and Adjourns Till
Today.
ANOTHER VETO WAITING THEM.
The Temple Street Grade Ordinance
Fails to Satisfy the Mayor.
Text of His Veto.

Yesterday morning at the usual time
the Council met in the City Hall. Ac-
cording to the new charter this body is
expected to sit from the 18th of July un'
til the 9Th of August each year as
Board of Equalization. The work moi
being quite completed it was thought
best to make use of the last day of the
period for this purpose, rather than to
apply it for a regular Council meeting.
AS soon as the Council came to order
it was moved and seconded that an ad-
iournment be taken until this morning.
The motion was carried, and the Coun-
Gil went into session as a Board OF
Equalization. 1t continued its labors
through the day.
The Mayor has taken the action on the
Temple street grading ordinance which
was anticipated. His veto was sent to
CITY Clerk Teed, and it will be presented
to the Council and acted upon this
morning. 1t reads as follows;
To the Honorable Council of the City OF
Los angeles: ;.
1 have carefully considered an ordi'
nance entitled can Ordinance declaring
the expediency of and intention to re-
grade Temple street, between Grand
avenue and Custer avenue, so as to con-
form to the grade now established, and
to assess the cost of such regarding, to-
gether with the damage caused to private
property, upon the district to be bene-
fited by such improvement, and defining
the district"
In order to carry out the improvement
contemplated by the ordinance there
will be cut at the point where Bunker
Hill avenue crosses Temple street of
fifteen feet, and the same condition will
exist where Hope and Flower streets
intersect Temple street, only in less de-
gree, To carry out this work these
streets will also have to be regarded, SO
as to conform to that of Temple street.
and no provision seems to have been
made providing for this portion of the
improvements. 1t must be done, how
ever. These cross streets, at the
be improved to accord with
the new grade and should be included in
and designated as a part OF the general
work to be performed, and should be
done when the work on Temple street is
done. 1t cannot be the intention of your
honorable body to cut these streets off
from Temple street, because to do 80
would be toshut off those streets entirely,
and they must remain in that condition,
blockaded and abandoned, until all
litigation affecting the same and
the improvement thereof is set
tied and the necessary money
paid in to cut them also down
to line with the new grade
ON Temple street. 1t would be singular
ronuiitiaa Of the law that would permit
the Improvement OF one street to the total
destruction of other intersecting streets,
with no provision made for their relief; ;
but the law is plain on that point. Sec
ton 1859 of the charter says distinctly that
the Council "shall in such ordinance
specify the street or portion thereof to be
improved" Now these cross.streeis must
be improved, and hence 30 much of said
streets as must be improved should be
specified, and not being specified, the
ordinance is defective.
The obvious justness of this plain pro-
vision of the law is manifest, that prop
erty holders in the district to be assessed
for this improvement should be duly ad-
vised of the extent of the improvement
for which they are required to pay be-
fore they permit their property to be
covered by lien therefor. Let the
property owners whose property is to be
charged with the cost of this improve
ment know that it not only means the
Regarding of Temple street, but the re-
grading of all intersecting streets and the
payment of all damage caused by lower
ing the grade thereon. Then after q full
knowledge of the magnitude of the work
proposed and the damages caused there
by, il they are satisfied to paysthe same
and permit the period given them by law
to protest against the improvement to
elapse, then, and not till then, can the
city legally proceed to make the improve
ment.
Therefore, until the ordinance desig-
mates the streets and parts of streets to
be improved as required by law, that
those who are required to pay for the
improvement may know the extent OF
their liability thereby, must decline to
sign the ordinance and return the same
herewith without my approval. Re-
Epectfully yours,
HENRY T. HAZARD, Mayor.
Los Angeles, August 8, 1889.
The matter will come up at the meet
ing this morning and the special COM
mittee which was appointed at the last
meeting on retrenchment will probably
be ready with report.