The record-union., 1895-11-15
WANT TO KNOW THE CITY'S RIGHTS.
Trustees Still Delay Action on the
levee Matter.
Corporation Counsel Devlin is Given
Till Monday to Investigate
the Situation.

The City Board of Trustees held an
adjourned meeting last night, Trus-
| tees Davis, Kent, Leonard, Devine,
Pennish and Tozer being present, Leon
ard presided.
A. L. Hart stated that there was a
prospect of the adjustment of the ques-
tiOn of the closing of the Second-street
extension and he suggested that that
matter be laid over till next Monday
night
The board decided to lay the matter
over till that time
| The main question of the meeting
the proposal of the railroad company
to close up the break in the new levee
north of the city, if the board would
! allow the company to maintain its
track on it and store its cars there-was
taken up, and A. L. Hart presented a
new ordinance for the consideration of
| the board, which changed the WORD
tracks to track and limited the privi-
lege to thirty years.
| Devine objected to the provision for
maintaining the levee ''at its present
| hight and said the city had had some
i experience in that line. He also OBJ
| jected to the length of the term, as he
| thought that fifteen years would be
| long enough.
Corporation Counsel Devlin said he
! had been called on to explain how far
the Act of 1863 and the subsequent or
dinance granted the water front to the
railroad company. He showed two old
maps, one of 1871 and the other of 1863,
| showing the old and new mouths OF
| the American River He read part OF
the Act and said that as he under
stood it, it granted the water front
! from K street north only to F, where
| the mouth of the American River was
| in 1851.
The city has, he said, the right tC
lease it's property The provision relat-
ing to one year does not apply to leases
and the city could, if it chooses, lease
for twenty years, and there is nothing
to prevent it.
Devine proposed that the board ad-
vertise for bids for the privilege, which
should extend for fifteen years.
Mr.. Hart said if that were done the
levee would not be fixed this year.
! Mr.. Devlin suggested that the lease
| provide that the company agrees tC
| keep the levee at its present hight, OF
to any hight that became necessary fOl
the safety of the city.
Mr.. Hart said the company owned
mCst of the levee, and did not propose
Mr. Devlin asked if his objection to q
lease was that it would be acknOwledg-
ing that the city owned the land, anC
TIr. Hart said that was the case
Again, the railroad company would moi
undertake to repair the levee and rip
lap it for a fifteen years lease, as its
value to them is for the purpose OF
storing cars.
The company, he said, has an offer ot
| alI loYo &c OF A fN, n
storage of it's cars and erection of it:
freight sheds, but does not wish, if il
can avoid it, to move it's sheds. Most OF
the levee is upon land that the com
pany owns, and it will certainly insis
on it's rights.
c. c. Brown explained that he
granted to the city a right of way
across his lots in Slater's Addition, bu
the river washed away the portion O-
the lots over which the right of way
was granted, and the levee was built
fOrty-three feet farther up on his lots
where no right of way had beer
granted. He did not see any objection
to letting the company use the parts O
the levee it owns. but if it came on his
lots they must pay for it.
Devine moved that the Corporation
Counsel be instructed to investigate
fully the city's rights to the water from
and report next Monday night.
Mr.. Devlin said that he could not gC
into the matter thoroughly by thai
time, and it would be necessary to nave
an abstract made, in order that he
might see what the company's title is
He thought that a contract might De
drawn up with the provision that The
rights of neither party, as they now
exist should be impaired in any de-
gree This would obviate any necas-
sity of delay ana the settling of a veXeC
question.
Kent said there were some other
questions. Here is a levee, to neither
end of which the city has the right O1
entrance. Would it not be better t.
lease it to some one who will improve it
He would vote to lease it if the com
pany would make a wagon road or
either side of the track. At the present
time there was not room enough at the
south end of the levee to wheel a wheel
harrow load of chickens over it. Hf
knew, for he had been over there three
or four times this week.
Devine'S motion was carried. and the
question will be taken up next Monda9
night.