The record-union., 1895-11-20
NORTH LEVEE ORDINANCE PASSED.
A. |. Hart Thinks the Railroad Com
pany viii Not Accept.
Corporation Counsel Devlin lncorpo-
rates Some Provisions That Are
Obnoxious to 1t.

An ADJOURNED meeting VI lIle DO@A - ~
Trustees was held last night to consider
the proposal of the Northern Railway
Company to repair the break in the
new north levee if the city would allow
it to maintain a track and store IT'S
cars on the Ievee, Trustees Lawton,
Wachhorst, Kent, Davis, Bragg, De-
vine. Leonard, Tozer and Pennish be-
ing present.
A communication was received from
the California Museum Association ask
ing that an electric light be placed
either at the entrance to the Crocker Art
Gallery or at the corner of Third and .
streets. As a light had already been
ordered placed at Third and streets
the communication was ordered filed.
Resolutions Of intention to improve X
street, from Front to Second, and j
street, from Front to Second, with bi-
tumen, were introduced
A L. Hart said that an ordinance
prepared by Corporation Counsel DeVhn
had been given to him and sent by him
TO Superintendent Wright He had
been notified that the ordinance would
rot be accepted if passed. The COM
pany did not propose to give up any OF
its rights, but asked permission from
the city to store and run cars on the p0r-
ton of the levee under the control of the
city They did not propose to give par
ties the right of way over their land OF
give away the rights acquired in the
past. A roadway along the track would
be Objectionable to the company as
liable to cause danger to teams
The railroad now holds the right to
the water front by the Act of 1868 and
does not propose to sign it away. 1t
simply asks the privilege of storing
cars there.
The ordinance prepared by Mr.. Dew
lin was read. 1t provided that there
should be one track with wagon road
way along side of it on the river front
that the right should not be an eXclu-
SlVe one; that no cars should be stored
upon the portion of the river front; 1t
obliged the railroad at its own eX-
pense, to raise the levee to such hight
as should be determined by the city
and that the city reserves the right TO
regulate the storing of cars on the river
front.
Tozer moved the adoption of the or
dinance.
Mr.. Hart said that to adopt it would
simply kill the whole question, as the
company would under no circumstan-
ceS accept it
Devine thought the ordinance could
be amended so that the company would
be willing to accept it
Mr.. Hart said that all the company
wants is to retain the rights it now
has and have the city retain whatever
rights it has at present Under the
proposed ordinance the company would
surrender its right to the water front,
and would concede a right of way over
its property, which it does not propose
to do The proposition is simply to re-
pair the levee, if in return to have the
i,~i1a # ai ifa+n mi
storing its cars on it.
Mr.. DeVlin said he thought it strange
that a petitioner should say to the
board that it would accept only what It
wished. He thought that the ordinance
should be read and debated section by
section. When that was done, his duty
was ended and the board could then
dc as it thought best
Mr. Hart said that, so far as he was
concerned, he should not debate the
ordinance section by section, as it
would be useless and would only take
up the time of the board. The com
pany is giving the city more than it is
receiving when it proposes to repair the
break and rip-rap ii and maintain it at
proper hight. and simply to receive in
turn the privilege of storing its cars on
the levee. SO far as the exclusive right
is concerned, it certainly does not mean
> grant any other companies the right
company has for years occupied the
river front for storing its cars, and only
wishes to extend the privilege.
ToZer moved that the ordinance be
read and debated section by section.
Kent said there was no use of that, if
the company would not accept it.
ToZer said that in that case it would
be as well to adjourn.
Kent moved to lay it on the table.
TOZer's motion prevailed and the or
dinance was read by sections.
c. c. Brown said he did not want the
city to give away his rights. AS far
as the river front was concerned, they
need not fret, as no steamers would
ever land there, there being only a
big sand bar at low water.
He was told that his rights would be
reserved to him.
1t was amended so as to allow two
tracks on the north levee and one on
the river front.
Leonard moved to strike out Of sec
tion one the prohibition against storing
cars on the river front.
TOZer opposed the motion, as the
company could not store more than
fifty cars there.
Leonard said he had examined the
ground and found it would take thou
sands of dollars to clear out the sand
hank and as many more to build
wharves There was no likelihood of
the city's wanting to do so for many
years.
Kent wanted to provide against a
boom by giving the Harbor Commits
sioner power to order the removal OF
cars stored there at any time. He
moved that it be so ordered.
Davis said that it was not likely to be
wanted for hundred years.
Leonard's motion prevailed Kent
moved that the company be required tc
plank its tracks wherever a road
crosses them. Mr.. Hart said he would
not object to that, as the company was
willing to do anything that was rea-
sonable but not to surrender any of its
rights.
Mr. Devlin added a provision giving
the city officers the right to remove
cars, and which Mr. Hart objected to
as the company has owned the river
front since 1862
That is an open question" said
Tozer
1T is so well settled by Act of Legis-
lSture." said Mr.. Hart, that in consid-
Grafton of it the company built fifty
miles of road"
You are very free with your asser-
tons" said Tozer. We have heard
enough of them.
Wen, if the board does not wish tC
hear me I viii retire" said Hart.
The Chairman called them to order
and the discussion was resumed.
Davis moved TO adopt all the section
except the portion TO which Mr.. Hart
objected
The portion regarding planking the
rails at road crossings was adopted anC
the parts regarding the moving Of cars
stricken out.
The provision for repairing and rip
raj ping the levee was made to read cor
or before AUriI TS9f;