The herald., 1895-07-23
DE LAGUNA Is HAPPY

The city attorney yesterday made the
following report to th e council:
AS directed by you, have prepared
and herewith present the following ordl-
nances:
An ordinance authorizing property
owners to improve a portion of Ninth
street under private contract. Adopted.
An ordinance ordering the work of
opening and widening Avila street and
appointing commissioners. Adopted.
An ordinance ordering the work of
opening and widening Georgia Bell street
and appointing commissioners. Adopted.
An ordinance ordering the work of
opening and extending Clara street and
appointing commissioners. Adopted.
An ordinance providing for appoint
ment of deputies in the tax collectors 5
office. Adopted
In the matter of the ordinance grant
ing special privilege to F. n. Meyers to
erect poles and string wires in what is
known as the oil district, | know of no
legal objection to the passage of the
same. Adopted.
In the matter of the Southern Pacific
railroads contemplated action of laying a
double track on Alhambra avenue: An
examination of the ordinances granting
q right of way to the Southern Pacific
company, approved July 26, 1873, will
show that such ordinance was passed in
pursuance of an election had in which
the question was first submitted to
vote of the people. That ordinance pro-
vides. among other things, that all of
San Fernando and Mission streets, from
their initial to theiI terminal points,
shall be set aside from the public high
ways of the city of Los Angeles to the
nm reserved and unrestricted use Of the
Southern Pacific Railroad mpany, and
the right OF way over and along the
same, subject as aforesaid is hereby
granted to said company for the building.
maintaining and operating of its railroad
thereupon by and through the track ur
tracks which said company shall deer 4
necessary to build along and over ,e
same. etc. The Mission street reierre .
in said ordinancesis that portion of T.
hambr avenue over which the railroad
com pany is contem plating the laying Of
double track. Referred to the board of
public works.
In the matter of your request for an
opinion as to whether any franchise for
street railroad exists on Macy street.
find no street railway franchise in exist
ence covering any portion of said street
unless IL be the franchise granted to A. =.
Cross and approved Novem Der 4th. 1891.
Section OF this ordinance requires that
WORK shall be commenced within six
months, and completed within eighteen
months. This provision is IN conflict
with section 500 OF the civil code, as it ex-
listed at that time. Saia section at that
time read as follows:
SOP. Work to construct the railroad must
be commenced within one year from the
date of the ordinance granting the rignt
Of way and the filing OF articles of incor-
poraton, and the same must be complet
cd within three years thereafter. A fail.
pre to comply with these provisions works
q forfeiture of the right of way as well as
the franchise. unless the uncom pleted
portion is abandoned by the corporation
with the consent of the authorities grant
ing the right OF way-such abandonment
and consent to be in writing.
In the case of Omnib bus Railway Co. VS..
Baldwin, 81 Cal, 100, the above section
was quoted as being the law upon the
subject and that decision has never been
reversed. The various ordinances extend
ing the life of this franchise as we'll as
the one attempting to forfeit it are prob