The herald., 1895-06-20
Superintendent Will Construct
the SchOOlhOuses
MR.. KINGERY FOUGHT HARD
The Council, However, Was For
Economy
The Whole Subject Was, After a Lengthy
Discussion, Taken Out of the Hands OF
the Board Of Education


effort made to allow three and a halt r. +
cent architects fees in the erection #
the proposed various new schoolhouses,
ordering the city superintendent of bui4d.
ings to draw the plans and speciticati S
for the structures and to have entire sup
ervision of the same.
Councilman Stockwell took the chair
while the committee of the whole
proceeded to discuss the expenditure of
the various sums of money voted
for the construction of the contemplated
school buildings.
None OF the members of the board of
education were present when the discus
sion opened, although each one had re-
ceved verbal invitation to be on hand.
Several, however. arrived later.
Councilman Munson wanted to know
whether or not it was the duty of the
council to build the schools, or whether
the board of education could be made the
agents to superintend the construction.
In reply President iced read the law
upon the subject. which provides ex-
piicitly in the act for the DO nding of
municipalities for public improvements,
that the council shall and must superin-
tend the work upon all public buildings
in the city; that they shall let the
necessary contracts for and superintend
the same. Wherever the charter con-
flicts with the general laws, the supreme
court has ruled in favor of the latter,
until the former is now SO full of holes
that its originators can scarcely recog-
nize it. Such was the comment of Col.
Teeo in reading the statute applicable to
the present case. "AIl moneys for these
school buildings" continued Colonel
Teed, Unjust be kept aside and apart as
q part OF the funds of the city and never
become part of the school funds OF the
city,"
Councilman Munson declared hims self
frankly against 80 per cent architects
fees as favored by the school board. He
wanted the city, building superintendent
to uoversee the work of construction.
The mem bers of the board OF education
with the exception of Director Wills while
Mr.. Munson was talking took seats inside
the council chamber.
Councilman Kingery, who was the
chairman of the council committee which
had the subject in charge and was the
only mem be. of the committee who coin
cided with the views of the mem bers OF
the board of education, thought that the
81 per cent recommended ought to be
paid to the various architects OF the city
whose plans are to be accepted.
The opinion of Councilman Snyder was
that the charter compelled the superin
tendent of buildings to oversee the con-
struction of this proposed school build
ings, and he was in favor OF this step also
on the score of economy. because the 3H
per cent fee for architects which had been
recommended looked to him as bit of
extravaganza which ought to be avoided.
President iced thought that the archi-
tects of the city had pooled In the propo-
sition. He was friendly to the members
of the Southern California chapter of
architects. but the mud Singing OF some
,f ha fo1l N hot Of
the members of the board of education
nd the council had come in bad taste, to
say the least.
c. H. Wedgewood. an architect outside
the Southern California chapter, who was
present, was granted permission to ad
dress the committee, and said that he
was not in any pool and there are a score
or more of other architects in Los Ange-
les situated as himself, all of whom
would, if theeproposed school house plans
were advertised for bid upon the work.
Councilman Kingery here moved that
the city attorney be asked for a legal
opinion as to whether or not the super
intendent of buildings must supervise the
construction of the school buildings. City
Attorney Dunn, who was present, thought
that the council and board of education
ought to work together in the pending
matter. The law specifies that the coun.
Gil must let the contracts and generally
have charge of the same. Some years
ago the same question was submitted and
resulted in the superintendent Of the
school buildings then constructed being
left to the then superintendent of public
buildings
School Director Kennedy, on behalf of
the board of education, thought 1t the
best economy for the school buildings
to be properly constructed. He had been
informed that the state supreme court
had some years ago decided that school
buildings are not municipal buildings.
He thought such ought to be the case if
1t were not so. and if the city attorney
would give a different written opinion the
board would take the matter up higher.
He, speaking, he thought, fol his col
leagues, would decline to act as the agent
of the council in the erection of the pro-
posed buildings.
The city attorney, here arose and said
'None OF US were sent here as children.
Let us all assume that we were sent here
to display certain amount OF common
sense. The report under discussion
ought, in my opinion, TO read, that you
pay architects 81 per cent for plans, said
amount to include plans, Specifications.
details and supervision, under the super
vision of the building superintendent of
the city and the city council and board OF
education, and it ought then to be
adopted
Councilman Kingery here renewed his
motion for the whole subject to be SUBJ
mitted to the city attorney, which mo
tion Presidnt iced seconded.
School Directors Garland and Grub
both spoke, each against any further
procrastnation. Director Grubb said that
If the school board had at the start acted
for this school district instead of having
the bonds voted by the city the new
schools would ere this have been in
course of construction. That was the
mistake which had been made in this
whole matter. After some more deaulto-
~ discussion a recess was taken until 3
O'Clock in the afternoon.
At that hour the following was read:
You have required Of me an opinion
upon two questions which have not been
submitted to me in writing, but which |
understand to be about as follows:
First-What department of the city
government is charged with the duty Of
letting contracts, carrying out the condi-
tions thereof. purchasing sites and gem
orally managing the business of the cree
ton of the school buildings proposed to
be built with the proceeds of the sale of
bonds recently voted by the people, in
the amount of $306, 600
Second-What are the duties of the SUI
perintendent of buildings with reference
to the erection of such school buildings.
To the first Of these questions it is my
opinion that the legislative branch of the
city. to-wit: the city council, is clearly
charged with the duty of advertising for
bids, letting contracts and making all
needful rules and regulations for the
carrying out of these Improvements. 1t
Is their further duty to appoint all need