The record-union., 1895-01-26
SHALL THE CITY BUY TWO PUMPS :?
The Question That Now Agitates the
Trustees.
Surely, Oakland, With Her Two Con
dolas, Should Not be Allowed
to Crow Over Us.

The CITY trustees leLu d special meet
ing last evening to transact little busi-
ness and to consider the matter of the
purchase of new pump for the Water
Works. There were present Lawton,
Wachhorst. Kent, Davis. Bragg, Tozer,
Deyine, Leonard and Pennish. Mayor
Steinman was also present.
President Lawton said Auditor and AS
SCISSOR Young was present to ascertain
how the board wanted the city property
assessed
Assessor Young said he had prepared
schedule of assessment for the city for
next year, starting at the north of the
city, block for block. Inside and corner
lots will be equal. The result of the as
sessment would be the same as the last.
1t would be better, he said, for the board
to come to an understanding as to now
the city should be assessed. Some assess
ments would be higher and others lower,
but the result would be the Same as last
year-about Sl5, ,000,0O0. he gave compar-
ative figures as to last years assessment
and the new schedule.
Mayor Steinman said that an assess
ment roll of 10000, 900 would give ample
revenue to the city.
Devine wanted to know if an assess
ment could be levied for the purchase OF
Il pump for the Water Works.
The Mayor replied that the proposition
would have to be submitted to vote of
the people at special election.
On Devine's motion the matter was re-
ferred to the Finance Committee.
MORE DEPUTIES.
Assessor Young said the city should be
thoroughly gone over. He wanted three
deputies when the time came that their
services were required. He wanted one
for February.
Tozer moved that the Assessor be au-
thorized to employ a deputy for Febru-
ary, and it was SO ordered.
NEW PUMPS.
The Clerk then read the reports of the
Chief Engineer of the Water Works and
the City Surveyor on the necessity of a
new engine at the Water Works.
The reports have been published in
full in the RECORD UNION
Lawton, who is in favor of the pur-
chase of new engine, said that, accord
ing to the account in the RECORD UNION
of the fire on Fourth street, between r
and S. on last Wednesday, when two
children were burned to death, the board
is responsible for the death of the chill
dren. The board is to blame because of
the condition OF the water mains and in
sut1lCiency of the water pressure. The
editor OF the RECORD UNION repeated it
the next day. after the Chief Engineer of
the Fire Department had testified before
dead before the alarm was turned in.
The fire-plUg on Fourth street, between
Il and ), was full OF mud on the day of
the ire. The board should take immedi-
ate action TO put the works in good con-
dltiOn.
WANTED EXECUTIVE SESSION.
Leonard said the discussion over
pumps tOr the Water Works should be
held in executive session. The public
should not know the present condition OF
the pumps. He moved that the board
hold an executive session.
Lawton said the public should know.
The board had been abused by the news
papers for the condition Of the Water
Works.
The motion to hold an executive ses-
sion was lost.
Mayor Steinman said when the matter
came up he submitted the question to the
Corporation Counsel Tor his opinion.
The Clerk then read the opinion which
is as follows.
WHAT Mr.. DEyLIN SAYS.
SACRAMENTO, Jan. %. 1896.
Hon. b. 1. StetIHldR, Mayor Of tie CItV
Of SacrdDJento-DEAR SIR: l am in re-
ceipt of your communication, asking for
an opinion upon the following PROPOSE
tion:
1t is proposed by the city TO purchase
one or more pumps. There is not su III
cient money on hand to pay for the same
but if purchased, IL will be necessary TO
pay from $4,000 to $4,000 out of mex t
years revenues. One Of the pumps is to
be put up this year.
You ask my opinion as TO whether in
such case payment out of next year s
revenue would be legal In reply [ would
say:
This question is answered bv the
charter ITSELF The charter was intended
10 prevent the city from running into
debt. 1t intended that at the close of
fiscal year there should be no debts
carried over to the next year. 1t is very
PLAIN on this point.
In Section %. subdivision %, it is de-
Clared:
I'm no case shall a liability be created,
or warrant drawn against any fund, be-
yond the actual amount OF money exist
ing in such fund wherewith to meet the
same; provided, however, should the
board or majority thereof, contract or
create any debt against the city contrary
to the provisions OF this charter, such
deUt, claim, obligation shall be null and
void as against the city or any of its
funds; but every Trustee voting in favor
OF the contracting or creation OF any such
illegal debt shall he held personally re-
sponslbIe, jointly and severRlly for the
entire debt 50 created or contracted and
shall be deemed guilty of malfeasance
In Office, ana upon conviction shall be
removed thererOm.'
y Ou will observe that the charter nro-
vides not only that the debt shall be VOID.
but that every Trustee voting therefor
shall be personally responsible and shall
also be removed from Office
But there may arise emergencies where
1t may be necessary TO contract debts be-
yond the amount of money on hand, and
the charter provides course to be pur-
sued in such case. This Is found in Sec
tiOn lO5 OF the charter, which declares az
follows:
should the Board of Trustees at any
time deem it necessary for the interest
and protection Of the city at large, or auv
portion thereof, or the property or health
OF the citizens thereof, or any other mat
ter or thing, the object OF which would
be to advance the interest OF the citv. To
contract and create any debts or obliga-
tions against the city Tor material tur-
nisued, and labor and services performed.
without having the funds in the treasury
to pay the same, the said board NAV
enter into contracts, and create debts or
obligations, without interest. and are
hereby empowered and authorized to
levy and collect special tax, annually
or in one levy, To pay such debts and OBJ
legations so created, and provide the mode
and manner OF their payment; provided.
that such debts, obligations or claims
shall be contracted or created against the
city without first having been voted
upon by the qualified electors thereof.
unless expressly provided by this char
ter. Notice shall be given Of such cleo
tions by publication for not less than two
weeks heretofore in some daily news
paper published in the city, in which
notice the contemplated repairs or i'm
provements, and the cost or estimated
f,,Ff f,a nd hn III