The herald., 1896-10-20
John Rebman's Claim for the
City Jail Foundations
THE AMOUNT WAS ALLOWED
Tie Ninth Street Property Owners Ap.
pealed Ia Vain
The City Engineer Charged With Making
Reports False
How New Central Park May be Ac-
Quired-The Traction Road Will
Change It's Street Car
~. Tracks.

The city council yesterday, with all
members present except Councilman
Savage, undertook to do two weeks
work at one session and make up for the
time lost last week by lack Of quorum.
The most important business of the
morning session was the action on the
from City Attorney Dunn, who wrote:
IT present herewith and ask you to
adopt resolution with reference to the
taking Of water by the City Water COM
pany and authorizing me to make GER
tain demands upon them and to bring
an action as in the said resolution de-
scribed. This resolution was prepared
by Messrs Lee & Scott and myself after
mature deliberation and with the spe-
cial view of litigation now pending and
to be instituted, we regard your imme-
diate passage of this resolution as i'm
portant."
THE RESOLUTIONS.
Resolved, That from this date to and
including the 22d day of July, 1898, or un-
til the further order of this council, the
Los Angeles City Water company, and
all other persons and corporations talk
ing the water hereinafter mentioned
for the purpose of distributing or selling
the same in the city of Los Angeles, be
required to pay to the city of Los Ange-
les an amount of money equal to 40 per
cent of the gross rates received from the
consumers of said water, as rental for
a xtyo fat t,au ,rrI 1,,l,o Il,
known as the gate house of said COM
pany, located on the rancho Los Feliz
near and on the west side of the Los An
geles river, and all other water taken
from the Los Angeles river by said COM
pany, persons or corporations on said
rancho Los Feliz and brought down into
said city for supplying the Inhabitants
thereof with water for domestic use Un-
Guiding watering grass plots and gar
dens, and supplying water for manufac-
turing, building and trade purposes, but
not including water used for sprinkling
streets, extinguishing fires, flushing
sewers, watering parks, supplying
schools and municipal buildings, and for
other municipal purposes, and also ex-
cepting ten inches of said water meas
ured under four-inch pressure); said
rental to be paid to said city at the end
of each and every three months during
said period.
Resolved, Further, that said Los An
geles City Water company and said
other persons and corporations taking
said water as hereinbefore mentioned,
be required before the 21st day of Octo-
ber, 1896, to attorn to the city of Los An
geles as tenant Of said city, for all the
water hereinbefore mentioned (said wa
ter being, In part, all the water men,
toned in the bill of complaint on file in
hn cI,it of ctoJ Gn,. .i,,
Water company and S. G. Murphy, trus-
tee, against the city of Los Angeles, in
the United States circuit court of the
ninth circuit for the southern district Of
California, being case No. 5S3), and to
agree to pay said rental to the city of
Los Angeles; and that in case of the
failure to attorn and agree to pay said
rental, said company and all other per-
sons and corporations do refrain from
diverting, taking or interfering with any
of the water mentioned in this resolu-
tion (accept said ten inches) after the
Goth day of October, 1896.
Resolved, further, that the city at
torney be, and he is hereby authorized
and directed forthwith to institute suit
in the name of the city of Los Angeles,
against said Los Angeles City Water
company to enjoin the diversion of all
or any portion Of said water, Except
said ten inches), and to quiet title there
to-. unless said company shall, otn or be-
fore October 20, 1896, so attorn and agree
to pay rent as aforesaid; and that the
city attorney do also in any event bring
suit, in the name of the city of Los An
geles, against the Crystal Springs Land
and Water company and S. G. Murphy,
trustee, and all other persons and COR
porations claiming said water, or any
part thereof, adversely to the city of Los
Angeles, to quiet title to said water and
enjoin said diversion thereof.
Resolved further, that the city attor-
ney be, and he is hereby authorized to
bring such other suits, actions and legal
proceedings in regard to the water men
toned in this resolution or any part
thereof, or any other water belonging
to the city of Los Angeles, and against
such persons and corporations as he may
enforce the right Of the city Of Los An
geles thereto.
Resolved further, that the city attor-
ney be, and he is hereby directed to
notify said Los Angeles City Water COM
pany of this resolution, and to demand
compliance Herewith, in such manner
as he may deem proper; and that he be,
and hereby is authorized and directed
to give all notices and make all demands
OF behalf Of the city of Los Angeles,
which he may consider necessary or
proper to carry out the intent of this
reSOlutlOn, or to advance or protect the
interest of the city of Los Angeles in the
premises. -
To the councilmen who asked about
this resolution and its meaning, City At
torney Dunn replied guardedly, mas
much as the Water company's attorney
was sitting near by, that as the city now
has suit pending in the United States
courts against the Crystal Springs
Water company, 1t had been found de-
sirable to institute another in the state
courts and to be effectual It should he
done at once. After the councilmen had
had a private conference with the 0ha
city attorney they appeared satisfied
with the reason for the resolution and
later all voted for its adoption.
BIDS OPENED.
The following proposals were received
opened, examined and publicly declared:
To pave the level portion Of Downey
avenue briGge-J. A. Fairchilds pro-
posed for the sum Of 13 cents per square
foot, the material the best brand of
Alcatraz asphalt. The Los Angeles
Paving company proposed for the sum
Of 0z cents per square foot. Referred
- the bridge committee.
~ construct bridge across the Los