Los Angeles herald., 1890-10-28

1t provides that the parks shall be man
aged and controlled by board of three
commissioners, who shall be residents
and freeholders and shall be appointed
| by the governor for four years term
In my opinion commission so ap-
pointed by the governor superseded the
old board, and has the exclusive power
to govern, manage and direct" the
parks OF the city of Los Angeles. I can
not understand how the park fund can
be overdrawn $1,000, as the provisions of
the constitution of the state and our
charter expressly forbid any such act.
Article ii, section 13, of the constitution
provides: That no city, county, town.
ship, board of education or school dis
trict shall incur any Indebtedness or
liability in any manner, for any pur-
pose, exceeding in any year its income
and revenue provided for in such year,
without two-thirds vote of the people,
etc.. and that any Indebtedness or liza
bility incurred contrary to this provis-
ion shall be void. This provision in
tended, as was said by the supreme
court of this state in 62 CAL, page 641 ::
"That each years indebtedness and La
bility must be paid out of the income
for that year, and that indebtedness
or liability incurred in any one year
shall be paid out of the income or reve-
nue. of any future year." Our charter
provides that the city auditor shall fur
nish in August of each year an estimate
of the money required to be raised for
different purposes for the coming year,
and the city council then levies for each
particular purpose or fund the amount
necessary to be raised for that fund
consequently there is no surplus from
which overdrafts upon other funds may
be paid.
The act of March IA, 1889, providing
for the appointment of park commits
sioners, provides that the board shall
have the power to draw or expend any
moneys which have been lawfully ap-
propriated or set apart for the support
of any park or parks, or which shall
constitute any portion of the funds le-
gally applicable to the support of the
same. 1t also provides that the board
shall not in any year incur any debt or
liability, nor expend any money beyond
the amount of moneys legally applicable
during such wear to the support, pre-
servation and improvement of the parks
or grounds under the control Of such
board.
The board of park commits
|
Cured this indebtedness OF $1,000, with
the expectation of paying it out Of the
next years income; yet it is none the
less contrary to law, and will inevitably
result in piling up an indebtedness
which will become burdensome.
On motion of Mr.. Brown, COPY of
the report was ordered furnished to the
park commissioners by the city clerk.
The city attorney supplemented his
report by one in the matter OF the pro-
posed amendment of the city charter,
as follows
In response to your inquiry as to
when and In what manner the charter
of this city can be amended, find that
section of article ii of the constitution,
approved March 10, 1883, provides that
after a charter of city has been rati-
fed by the legislature, it may be
amended at intervals of not less than
two years by proposals therefor, submit
ted by the legislative authority of the
city to the qualified voters thereof, at a
general or special election, held at least
sixty days after the publication of such
proposals, and ratified by at least three
tifths of the qualified voters voting
thereat; that in submitting any such
amendment any alternative article or
proposition may be presented for the
choice of the voters and may be voted
on separately without prejudice to the
others.
| find from the statutes of 1885, that
the joint resolution approving the char
ter of this city was adopted January
31st, 1885, consequently the charter
cannot be amended before two years
after that time, and while l am of the
opinion that the election at which
such amendments are submitted to the
people cannot be held before the first of
February, 1891, | am also of the opinion
that the council can before that time
agree upon the proposed amendments,
and advertise the same as contemplated
by the constitution, and that an cleo
ton can be called at any time sixty
days after the first publication of the
proposed amendments and after the 31st
of January, 1891"
The report was adopted and the spe-
cial committee on the revision of the
charter was instructed to prepare such
amendments as it deemed necessary
and Mr.. Shafer informed his colleagues
that this committee would meet this
morning at ten o'clock.
The reports of the board of education
and health officer were then read and
referred to the board of public works,
and that of the city auditor was re-
ceived and filed.
On motion of Major Bonsall the vote
by which the ordinance of intention to
open Flower street from Twenty-first to
/ Twenty-third street had been passed,
was reconsidered, and the matter was
referred back to the board of public
works.
The time for the payment of the first
half of the city taxes was extended to
and including November 18th, 1890, and
the time within which the tax collector
should make his report of taxes col
lected was extended fifteen days.
The matter of the opening of Broad
way from Tenth to Main street, which
had been deferred at the last meeting,
was then brought upland passed, not
withstanding the mayors veto.
Mr.. McLain appealed from the decis-
ion of the chair, the president of the
council being directly interested in the
matter.
When the question as to whether the
chair should be sustained or not was put,
Messrs. McLain and Summerland alone
voted negatively.
The ordinance changing the names of
certain streets in the city was again
hrOu pht m and finally paccnd Tho