Los Angeles herald., 1890-05-09
THE COUNCIL.
The City Attorney. on the
Treasurer's BOndsmen.
The Council Will Not Give
Them Relief.
The Contracts for the Construction of
the Sewers.
Frick Bros. Decline to Sign on Account o.
an Objectionable Clause in the
Document.

The city council met in adjourned
session yesterday morning, President
Frankenfield in the chair, and Messrs.
Bonsall, Brown, Shafer, Summerland,
McLain, Wirsching, Hamilton and Van
Dusen present.
The city attorney gave the following
opinion relative to the request Of the
bondsmen of Treasurer Johnson:
You have referred to me the communication
made by Hon. E. F. Spence, who appeared be-
fore your honorable body representing the
bondsmen of the city treasurer and the different
banks in the city now holding the city's money,
stating that the banks were now prepared to
turn the city money over to the City Bank,
since the court has decided that it
is entitled to the same, but asking that
the bondsmen of the city treasurer
the money being transferred to the City Bank
The section of the charter providing for the
loaning of the city's money provides, among
other things, that after depository has been
selected and has given bond which has been
approved by the mayor and council the council
shall direct the city treasurer to deposit each
lected or received, that for each such deposit
the treasurer shall take the receipt of the bank,
and from and after the deposit of such money
in said bank the treasurer and his bondsmen
shall no longer be liable therefor All the pro-
visions of this section haye been complied with
and the council has directed the treasurer to
deposit the money in the City Bank, and it is
with him alone that the city has any dealings.
If he fails to deposit the money as directed he
will be responsible for the full amount of
the the, interest which i the city would have
posted, and he may also be proceeded
against by mandate. Whether the bonds
men of the treasurer will remain upon his
bond, and whether they will be relieved from
responsibility when the treasurer deposits the
money in the City Bank, is something which
the council is not called upon to determine, and
with which 1t has nothing to do. The charter
of this city is its organic law and if this proyis
ion in the charter exonerating the sureties upon
the treasurer,s bond is OF no validity, nothing
as the only power that the council has is that
given it by the charter. The council has no
right to give an Indemnity bond to these bonds
men, and 1T would certainly not be in good taste
to pass an ordinance exonerating them from
liability, as the only reason that could be given
for passing the ordinance would be that the pro-
visions OF the charter were invalid, position
which the council should not take. For these
reasons cannot advise that the request of these
bondsmen be granted.
Major Bonsall moved that the report
OF the city attorney be adopted. Carried.
With regard to the Frick Bros re-
fusal to enter into the contract for the
construction OF the central intercepting
sewer the city attorneys report as follows
was adopted
You have referred to me the refusal of Frick
Bros. to enter into contracts for the construc-
ton of brick sewers for the reason that a clause
had been inserted into the contracts to the ef-
feet, that no Chinese made brick or Chinese
made material should be used in the construc-
ton of the same, Mr.. Frick claiming that in the
advertisement for proposals no reference was
made to the use of Chinese brick or material,
and for that reason that the clause should not
be inserted in the contract. l have examined
the advertisement for proposals, and find that
his claim is correct. The advertisement also
states that check for per cent. of the amount
of the work must accompany the bid, but did
not state for what purpose, In the absence of
must be taken that it was to be a guaranty that
If the contract was awarded to them they would
enter into contract to do the work in conform
1ty to the advertisement for proposals. There
being nothing in the proposals in reference to
the Chinese brick or material, l am of the opin-
ion that we cannot insert that clause into the
contract against their consent; neither can we
retain their checks upon their refusal to enter
into contract which contains that clause The
city cannot and should not enter into a contract
which contemplates the using of Chinese made
brick or material in these sewers, and if Frick
Brothers refuse to enter into a contract with
that clause in it, the city should let the work to
some other person. The council has the right
to advertise again for proposals, it can let the
contract to the next lowest bidder if it deems
best
The contract with J. f. Hunter for
the construction of part of the Arroyo
de los Reyes sewer was read and ap-
proved.
The question of the form of adyer-
tisement for proposals was brought up.
and it was decided that hereafter
they shall contain all that it is desired
to include in the contract.
Mr.. Wirsching moved that hereafter
no certified checks be returned to the
bidders until the contract has been fully
approved.
The city clerk presented the bond of
A. M. Austin to construct portion of
the Arroyo de los Reyes sewer.
Mr.. Austin said that he would prefer
to donate to the city the $500 worth of
work he had already done and his check
than go on with the work. His bid, he
thought, had been too low, and he did
not care to lose so much as he would if
he went on with the work.
The city attorney said that in view of
all circumstances, the city ought not to in
sist that Mr.. Austin should be com
PEELED to keep his contract. He recon-
mended that Mr.. Austin be allowed to
forfeit his check and the work he had
done and that bids should be readver-
tised for.
Mr.. Van Dusen moved that the rec
concentrations of the city attorney be
adopted and that the city clerk readver-
tise for bids. Carried by vote of 6
to 3.
Major Bonsall moved that the motion
instructing the street superintendent to
place a conduit across First street, near
the cemetery, be rescinded. Carried.
The sewer committee recommended
that the bid of Warner for constructing
sewer on Hope street be accepted.
Adopted.
Mr.. w. E. Prick appeared and stated
that he refused to sign the contracts for
the construction of the central intercept
ing sewer.
Mr.. McLain moved that the bid of the
next lowest bidder be accepted.
Mr.. Frankenfeld took the floor and
moved that the city clerk be instructed
to readvertise for bids. He thought this
would be the fairest way, and then no
charge could be made of collusion.
Mr.. Wirsching thought that the check
of Frick Bros. should be retained. He
thought that all bidders should be
treated alike.
Mr.. Frankenfeld's motion was car
ried by vote of to 2.
Mr.. Summerland moved that Frick
Dx,<xr 1.l. l. l.