Los Angeles herald., 1890-10-07
The Sunday Saloon Closing
Election to be Held.
A Number of Street Car Line Fran
chises Considered.
One of the Mayors vetoes Overridden.
The Storm Water on Alameda Street.
The Matter ofAppeals From
Street Superintendent.

ruin Ol Uuc ClIy COuLCll SOV CoSOChOi yOo
terday morning, the tardy members
being Messrs. Shafer, Hamilton, Van
Dusen and Brown, who arrived in the
order named.
After the usual preliminaries had been
disposed of, the mayors message with
regard to the telephone license, as al
ready published in the HERALD, was
received ard read. On motion of Mr.
Shafer the vote by which the ordinance
was passed was reconsidered. Mr.. Ham
ilton then moved that the ordinance be
passed, Notwithstanding the mayors
objections. After some discussion on
the question the matter was on motion
committee for further investigation.
A second message from the mayor, re-
turning the Sunday closing ordinance
unsigned, as already published in these
columns. was read, and on motion of
Mr.. shafer the vote by which the ordi-
nance was passed was reconsidered. The
ordinance was then passed over the
mayors veto, on motion of the same
member.
The report of the water overseer, con-
tanning statement of the sales of water
for irrigation purposes for the month
ending September 80, 1890, was referred
to the city auditor, as were also the re-
ports of The city clerk, city tax and Ii
,cense collector, city justices, chief of po-
lice and clerk Of the police courts.
The city engineer presented an ordi-
nance of intention to pave with por-
phyry Marchessault street between New
High and Upper Main streets. The rules
were suspended and the ordinance pass
ed by unanimous vote.
The city engineer, in the matter of
storm water on Alameda street, which
was referred to his Office, reported that
the volume of water flowing over the
surface OF that street is so great during
heavy storms that no gutter culverts
that could be constructed would be of
sufficient capacity to carry off the water
unless they be made so wide that they
will seriously obstruct travel. The only
effective way to dispose of the water,on
the above street would be to construct a
sufficient storm drain down Alameda to
Second, and through Second to the river,
but it is out of the question to do this
work before the rains of the coming
winter. The only way that any relief
can be had at present is to put in cul-
verts at switch crossings of such size that
they will not interfere with traffic on the
street and to so divide the water that it
will not all run down one gutter, as is
the case at present south of Commercial
street. On motion the matter was
referred to the superintendent Of streets.
The city engineer presented an ordin-
ance of intention to change and estab-
lish the grade Of Also street between
Los Angeles and Alameda streets. The
rules were suspended and the ordina nee
passed.
In the matter of the petition of the
Capitol Milling company calling atten-
tion to the urgent necessity of putting
in the storm drain at that point, the
city engineer recommended that the
clerk be instructed to advertise for bids
to do the work under the plans and spec
ifications already adopted. On motion
the recommendation was adopted.
The city attorney reported as follows
Upon the report OF the board of public
works that the "street superintendent
personally appeared before the board
and officially protested against the
council or the board OF public works en-
tertaining any protest OF property own
ers against his decision in regard to the
construction of sidewalks, II report as
follows: Section II OF the Vrooman act
provides that the owners, the contrac-
tor and all other persons interested in
in the work, feeling aggrieved by any
act or determination of the superintend-
ent of streets in relation to the as
sessment, or who claim that the work
has not been performed according to
specifications, or who have any Objec-
%o LOTT i01, Of
the superintendent of streets in relation
to the same, shall have the right to ap-
peal to the city council within thirty
days after the date of the warrant. 1t
also provides for notice of hearing Of
such appeal, and upon such hearing the
city council may remedy or correct any
error or informality in the proceedings
and revise and correct any of the acts or
determinations of the superintendent OF
streets relative to said work. may con-
firm, amend, set aside, alter, modify or
correct the assessment in such manner
as to them shall seem just, and require
the work to be completed according to
the directions of the city council, and
may instruct and direct the street SUI
perintendent to correct the warrant, as
sessment or diagram in any particular,
or to make and issue new warrant, as
sessment and diagram to conform to the
decisions of said city council in relation
thereto, at their option.
All decisions and determinations Of
said city council upon notice of hearing
as aforesaid, shall be final and conclg-
sive upon all persons entitled to appeal
under the provisions of this section, etc.
I am of the opinion that this section in
tends and provides that when an appeal
is taken to the city council that the mat
ter is taken out of the hands OF the su-
perintendent of streets and placed en-
tirely under the control of the council.
In the case in question, understand an
appeal has been taken to the council,
and that it ordered the contractor to
make the work conform to the plans
and specifications, and that there has
been second appeal filed by the prop
orty owners, claiming that this has not
been done. think this sec
ton provides for but one appeal,
and that the second appeal cannot be
considered by the council as such, but
should be considered as communica-
ton calling the attention of the council
to the fact that their instructions have
not been carried out. think the prop
er course in this case would be for the
council to inspect this pavement and
ascertain whether or not it has been
built according to the plans and specifi-
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