The record-union., 1895-11-19
DRAINAGE CANAL TO BE CLEANED.
The City VIII Expend Five Hundred
Dollars on 1t.
Application of the Railroad Company
for Use OF the North Levee
Comes Up Tonight,

Leonard, TOZer and Pennish being pres
ent.
The President waited till fifteen min
utes after time and only five members
were present. He ordered the clerk 10
commence reading the minutes, ana
when Bragg asked if there was quorum
cresent. he said: "Well, let us adjourn
then till some time when the board can
get together at the proper time. Our
time is just as valuable as that of the ab-
aentees. | am tired of this kind of work"
Leonard said one or two menb bers were
just downstairs. and Lawton said: Let
them come up then. Our time is just as
valuable as theirs" and Janltor GURUS
called them in.
The hydrant complained of in front of
Sheriff ohnsou's lot in the cemetery was
ordered removed.
Kent said there was 400 or 500 feet of
two-inch and three-inch water pipe that
could be put down cheaply where
needed. Part of it was ordered laid IN
the alley between j and X, Twenty
sixth and Twenty-seventh streets.
Leonard reported that there would be
thirty-two lights required for the Fire
Department, twenty at the Water Works
and twenty-five at the City Jail and
shirty-twO at the city offices.
to rsises the crossings at Fourth and
streets.
l.. f. Hatfield 1ed the board to clean
out the Yhirtieth-street drainage canal
He thought the city should fix il, or at
least ask the Corporation CounsePs
opinion as TO the city's liability.
Devine said there was no money in the
city treasury to pay for the work. There
were culverts and locks needed in that
part OF the city that should be attended
50. Il would cost less than 500.
\ long discussion ensued and the mo-
tion was defeated by vote of 1 to 1.
TOzer moved that the Superintendent
of Streets be instructed to clean the
whole canal ditch as far as he could at a
cost of not more than $780, and the mo-
tion was carried.
Devine complained that the motion was
put before he had chance to speak, and
said the ring would soon be broken,
thank God.
Bragg in the chair.
The report of Corporation Counsel
Deylin on tho application OF the railroad
company IN regard to the use of the new
levee for a track and storing of cars was
read as follows:
Corporation Counsel Robert Devlin
submitted a report on the application of
the Northern Railway Company 10 main
tain tracks on the broken north levee.
providing the said company rebuilds the
levee. lie recited all The steps taken in
connection with the construction of that
ievee year ago, when the city gave the
Central Pacific Railroad go, 900 in levee
bonds and certain lands in the old bed OF
the \ merican River in consideration of
building the levee and the granting Of the
right OF way for the levee by the Central
Pacific over other lands belonging to that
company.
MIR. Deylin advised the board that he
believed that the city has control and
possession OF the Ievee and the ground on
which It is built 80 long as il is used for
leVee purposes. But as some very intri-
cate points OF Jaw appear in the case be
advises that If any permission be granted
10 Tie Northern Railway Company il
should only be done with the consent
o. the Central Pacific Company.
Mr.. DeVIn concludes his report as fol-
lows:
IN conclusion ! would say il, after full
Consideration, the Board Of Trustees should
deem II proper TO grant the privileges applied
Tor, provisions should be inserted preserving
the rights OF the city, and distinctly declaring
that the contract should in no manner affect
the title OF the city as it now exists, and the
grant should either be TO the Central Pacific
Railroad Company, or Its consent 10 the grant
should be obtained. Further than this the
city should provide that il II should desire to
raise The levees III the future the tracks should
also be raised, either at the expense OF the
party occupying the same or at the xpense
OF The clty, as may be determined by your
LOuoro3Ie board; also, the right TO use the
leVee should not be exclusive but the CITY
shO0ld preserve the right TO grant similar
privileges ~ other corporations indiyld-
uals, Il al any time IN the future 1t Is so de-
sired. III wOuld also be wise 10 insert a clause
That a failure TO Use the leyCe Tor a specified
time ia good faith for railroad purposes
should work a forfeiture ol the franchise. +
would also call yOur attention TO the TACT that
the grant nom the Central Pacific Railroad
Company is not acknowledged or recorded.
fRHas.A .AEfarr4 Feaa. arIafr
on record 50 hat ii the original becomes lost
Il record o II VIII be III existence.
The ordinance WAS read and changed to
read "niteen years." and maintain at a
sufficient hight" and it's adoption was
moved Dy Devine, seconded by Leonard
Lawton sald that there was no forfeit
ure clause III case of the work not being
done, and y. l.. Hart, for the company,
consented 10 is insertion.
Lawton then said that the city might
want At some future time to put ware
houses on tie water front north OF the
Pioneer Mill, and should not grant away
that front.
ToZer said he was sorry to see so much
haste IN passing the ordinance il face of
the opinion OF the Corporation Counsel.
IL ought 10 sc further considered.
DevIIn said the grant should be condi-
tional, shoGlj be TO the Central Pacific
Company, or with its consent and that
10 determine what Is sufficient hight.
1OZeT moved as a substitute for De-
vines motion that the matter be referred
10 q committee of three, who should con-
fer with the Corporation Counsel aud
prominent citizens, and report on IL in a
week.
Mr. Hart objected on the ground that
these delays might delay the work Of
filling III tie leyee until the rains come
ami make II impossible TO do the work
this winter.
Leonard hoped the substitute would
not prevail. He had satisfied himself
That all tho company wanted was the
privilege OF storing its cars. lie did not
see any necessity tor all this discussion.
He thought the matter should be decided
tonight.
Davis thought that if the company built
up The levee the city would be the gamer.
DeVlne said we had been spending
money freely TO promote factory. and
here was factory greater than all we
were ilkely 20 get, and he believed IN
helping the company all we could with
out endangerlng the rights Of The city.
o@eF thought that such words sounded
strange from man who fifteen months
ago Vas dong all he could 10 stop the
wheels OF cOmmerco.
Deyine said he had never tried to stop
the Whee4s o. commerce, and during the
strike he lad gone to the strikers and
tFled 10 prevail on them TO keep quiet
Iozef offered to change his motion TO
W eonesday night, and Devine moved to
make Il tonight.
ne amendment OF Devine to defer till
Tonight was carried, and on motion of
LeohaFd the matter was referred TO the
Corporation Counsel, to report then.
bragg was excused on account OF III
ness.