Los Angeles herald., 1910-01-26
Municipal Affairs |
S. P. MUST BUILD
OR LOSE ITS SITE
COUNCIL SENDS ULTlMATUM
TO RAILROAD CO.
Unless Promised Terminal Is Erected
City VIII Reclaim Fifth Street
Property Which Was Given
condtonaIly


take or deliberate villiany of the in
famous river-bed franchise council in
granting to the Southern Pacific por-
ton of Fifth street in front of the Ar
cade depot. The council, in a resolu-
ton adopted by that body yesterday,
calls on the Southern Pacific to con-
struct the depot it promised in return
for the abandonment of the portion of
Fifth street or it will instruct the city
attorney to begin proceedings to re-
claim the street to the public.
The resolution, which was adopted
with vim th,t showed the council
meant every word of 1t, was as follows
Whereas, the city of Los Angeles granted
to the Southern Pacific Railroad company
more than three years ago real property
abutting East Fifth street and adjoining
the Arcade depot, valued at from $4,000 TO
500 900, in consideration of specific prom
ise by the said railroad company TO begin
the early construction of q acommodlouS de-
pot In keeping with the needs of the pub
lie, of the value of from $75O,O0O TO 81 0Oo,-
0O0 together with an attractive park, to be
maintained by the company, the full length
of the edihce on the west side the whole to
be finished In the most approved style; anu
Whereas, the said Southern Pacific COM
pany, although it has had the property TINS
considerable length of time, has shown no
disposition to perform its obligation in this
relation and makes evaslye and irrelevant
replies when communicated with on the
subject,
the Southern Pacific company, 100 Broad
way, New York. be notified that the city OF
Los Angeles will tolerate delay and subter-
fuge no longer and unless speedy measures
are taken to begin and cOnsummate said
work the city attorney will be instructed to
take such action as may be necessary TO
force a compliance of the deliberate prom
Use which the said railroad company does
100 hos
a return of the property so granted, to the
public.
Re IL resolved further, that copies of the
MAYORS message ON this subject, and of this
resolution be forwarded to the president of
said Southern Pacific company at once
City Can Recover Street
President Works raised a question
about the ability of the city to compel
the railroad to build the depot it had
promised and asked the city attorney
for an opinion. Mr.. Hewitt replied
that if the city could not force the
construction of the depot it was almost
certain it could recover the street.
"While no contract was ever signed
to show what the terms of the aban-
donment were 1t is a matter OF COM
mon knowledge and the moral respon-
sibility resting on the railroad amounts
almost to legal Interpretation of OBJ
tanning goods under false pretenses. 1
believe we would have good grounds
on which to base an action, IL that is
required" he said.
The action of the council was taken
on the recommendation of Mayor AL
exander, contained in message to the
{ uncil, The ouncil had expected the
message and Councilman Plant had
his resolution already prepared. As
soon as the message was read Mr..
Plant introduced his resolution and it
was promptly seconded by Councilman
Gregory.
The mayors message to the council
is as follows:
Mayors Message
The circumstances under which
East Fifth street, from the easterly
line of Central avenue to the Ar
cade depot building, was abandoned
have already been the subject of
message to the preceding council.
In brief the facts were that the
portion of Fifth street between the
points named was abandoned at
the instance of the Southern Pa
cific Railroad company, whose
representatives and agents APP
peared on numerous occasions be-
fore the board of public works and
the city council while the matter
was pending, and stated that the
land was absolutely necessary for
the railroad company in order to
provide sufficient ground for the
erection of a new depot upon the
Arcade depot grounds. Ground
plans of the proposed depot were
exhibited by these gentlemen, and
the public and the city authorities
were given to understand that,
upon the abandonment of the
street, the railroad company would
speedily proceed to erect a new de-
pot upon the Arcade property. In
addition to this, these gentlemen
further assured the public that
parking, at least twenty feet In
width, for the full length of the
depot property on the east SIDE OF
Central avenue would be provided,
which would afford the public con-
venient and easy access to the de-
pot. This parking, in which grass
plats, tropical plants and entrance
ways were to be placed was to be
perpetually maintained by the rail-
road company. 1t is a fact that
the lands vacated were of great
value as real estate; and since the
public was to receive nothing in ex-
change, either in money or other
lands, it can be fairly said that
the public benefit to be derived
from the erection of a new depot
was in reality the consideration
under which the city granted East
Fifth street, from Central avenue
to the depot building, to the rail-
road company.
Passed over Veto
All this took place in 1906. In
July of that year the railroad COM
pany asked for the abandonment
of the street, and in December the
final ordinance vacating the street
was passed by the council over
Mayor McAleer's veto, the object
tions Of the mayor to the proceed
ings being based upon the fact that
the railroad company did not bind
itself in writing to do anything for
the public in consideration for the
gift of the street to It, The city
council however was satisfied to
take the railroad company at it's
word and closed up the street upon
the confident assumption that the
railroad company would erect the
depot Just as it's representatives
had so earnestly and faithfully as
serted would be done
Nothing has been done, however,
bv the railroad company and there
is no evidence that it intends to do
ANYTHING in the matter All efforts
heretofore made to obtain some as
surance from the railroad officials
as to the intentions of the company
regarding the erection of new de-
pot have been met with evasion and
explanations that We're wholly un-
satisfactory. The real question is
whether the railroad company will