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The herald. (Los Angeles [Calif.]) 1893-1900, May 24, 1893, Image 7

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act of t; o legislature of tho state of
fAMfcriHi.. A-id tho sa d Lis Angeles
City Water company stilt lias, claims
md e£erciso3 the rights and franchises
meuiiom-1 in the ssi I coniriot, and un
der and in pursuance thereof, and of th"
acts of tha legislature aforesaid, act
Wth the Knowledge l , ncquiescenae and
in of the tnnntcipal authori
ties ol v ia city of L 53 Aiffefeai
fclgllth—That on the 6th day of Sep
temocr, 1892, the council of the city ot
Los VugeJce parsed an ordinance in
word 1 uud fi-.;nr>' filliwinif, tost<*ther
with the cc Hh-ute of the clerk of ttie
adoi ii; 0 thereof
OKDI.V.YV. E HO; 14110.—NEW SERIES.
Au ordinance determining that tbe
public nieiMst acd neceisity of tbe
city oi Los A •".•idea demands tho con
strue- -m oi h i . stem oi water works to
be o.vi.erl d ■ unrolled by said city,the
cost, bl whh 11 will be too great to be paid
out 01 ih>. ordinary annual income aud
revenue ol said r'ty ; and that it is tbe
intfli.iion at /the chy council to hare
eucn sydtem oi water works con
structed,
The mayor a. d council of the city of
Los Angeles do ordain as follows:
Section 1 That the public, interest
and necessity of the c'.ty of Los Angeles
Qgiaaudg the construction of a system of
water v, rlta to lie owned and controlled
by Lac city of Los Angolas, such system
of water works to be buiit according to
the u.ans and specifications now ou file
in the office of trie engineer of Eaid city,
and the cost of which is to be $<o'!0,0U0,
which cost is too great to be paid out of
the ordinary annual income and revenue
of the cily of Los Augeles; and tbat. it
Is the intention of said council to have
said system of water works constructed.
Sec 2. The city clerk shall certify to
the passage of this ordinance by a vote
of two-thirds of tha members of the city
council, aud shall cause th 9 stma to be
published for two weeks in the Los An
geles', Evening Express, and thereupon
and thereafter 11 shall take effect and
be ia force.
I hereby certjfy that the foregoing or
dinance was adopted by tbe council of
the oity of Los A igeles at ita meeting of
Sep'.umber 6th, 1892, by the following
yote:
Ayes—Mesa -a. Alford, Innes, McGar
ry, Nickell, Rhodes, Usee, Summerland
and Tulte aud President Bonsall —9.
Noes —None.
( Che members voting "aye" compos
ing more then two-thirds of ail the
members ol the city council.)
F'hef.man G. Teed,
City Clerk.
Approved this Bth day of September,
1892. Henry T. Hazard,
Mayor.
And which enid ordinance was ap
proved by ihe mayor ot the c.ty of Los
Angeles on the 8 h day of September,
18i>.'. That under aud in pursuance of
the second section of said ordinance the
same waa published in thu Los Angeles
Evening Fixpreas, a newspaper pub
lished m ttie city of Los Angeles, for two
weeks, commencing on tbe 12th day of
September, 1 hi• J, aud ending on the27th
da;' uf September, 1892. but that said
ordinance, after the time fixed by its
terms when it should go into effect, was
never pub iahed in any newspaper in
the city of Los Angoles, 01 elsewhere.
That afterwards, to-wit, on the 3d day
of October, 189*, the council of the city
of Los Angelea passed, and on the 4th
day of October, 1892, the mayor of eaid
city approved an ordinance. No. 1451,
new Beriae, of which the following is a
full, true aud correct copy, together with
the certilieite of the clerk ol the adop
tion thereof:
ORDINANCE NO. 1451—NEW SERIES.
An ordinance dsclaring the necessity
of constructing a system of water works
to 'i i „,»„,».' „ a j[ controlled hy Mm .-ia»-
of Loa Angeles; providing for tbe hold
ing of a special election in tbe city of
Los Antfe'es, on November 2, 189 2, for
the purpose of voting for or againat
the'issuing of bonds in the amount
of $020,(00, for the payment of the
coi;t oi the same; providing (or the
number nnd character of the bonds to
be issued! dividing Ihe city into elec
tion preoincts; appointing polling places,
Inspectors, judged and clerks of election,
and ordering the city qlerk to publish
notice of such special election.
Whereas, ou the t> h day of Septem
ber, 181)2, the city council of tbe city ol
Los Angeies, by a vote of more than
two-thirds of all its members, passed an
ordinance determining tbat the public
interest and necessity of the city Of Los
Angeles demands the construction of a
system of water works to be owned and
controlled hy eaid city, the cost of which
will be too great to be paid out of tbe
ordinary annual income and revenue of
said city, and that tbe amount to be ex
pended in constructing the same ie
•620,000; aod
Whereas, said ordinance was ap
proved by the mayor of said city on the
|th da! of S-'ptember, 1892, and waß
published lor two weekß in the Los An-
C«lee Evening Express, a newspaper
published in said city ; and
' Whereas, the city council of said city
haa had plans nnd estimates of tho cost
of Baid system of water works made by
a competent engineer who has had suc
cessful ezpeiience in sucn work, which
plana and estimates have been adopted
by raid city ccuncii, ami are now on tile
in ths office ol tho city clerkof said city ;
Now, therefore, at this, tho next reg
ular meeting of said after such
publication,
The Mayor and Council of tbe City of
Lob Angeles do ordain as follows:
Suction 1. That the public iusterest
and necsslty of the city -of Los
Augeles dtiumds tbe construction
of a ayetem of water works
to be or-nod and controlled by said city,
and lo ha constructed according to the
plana and specifications proposed by the
city engineer nnd adopted by eaid
city con* oil, tiie estimated cost of which
system it erato works is *526,000, which
coat is too g. eal io be paid out of the or
dinary annual income and revenue of
the city of Loa Angeles; that it is the
intention of the council of said city to
Bui-nut to th' qualified voters of said
city ths proposition of incurring a bond
ed indebtedness ol $520,000 for the pnr
ppss of pay.ng for the construction of
Baid system of water works.
Section 2. Tnat a special election
Bhall be held in said city ol Los Angeles
on November 2, 1892, and is hereby
called on t.-iat day for the purpose of
submitting to the qual'lied -iters of
Baid City the propositi n of incurring a
bonded indebtedness for the object and
pnrpcees herein set forth. Said election
shall be conducted in tiie manner oro
vided lor in the ahsuter of said citj and
tbe lawa of tbe state of California. The
ballots ti) be uced at said election shall
read 'Tor the issuiHg of bonds" and
•'Agsinst the issuing of bonds." The
polls at oaid election shall be opened at
sunrise and close at 5 o'clock p. m. of
tlio af.me day.
S-ction 3. For the purposes of said
election the nine wards of the city, as
describod in crtlclo XII of the charter,
p-i. n*v*t'i'*rl i — *"> f**
ing places, and the following officers of
election aro hereby appointed:
Filisr WARD.
Precinct A—A'l of the firnt ward; vot
ing placo, Dr.vm-y avenue and Tiuinau
street; iuspectora, Auguitui Guudlack,
Robert Pollard; judges, Charles Hay
dec, E. J. Post; clerks, Jam»a Mohan,
J. G. Whitt'ker; ballot eleiks, H9Dry
Creciat, C. N. Earl.
SECOND WARD.
Precinct A—Allot the S.-cond ward ly
nx: west weat of tho following described
line: Bos-inning at the intersection of
First street and Bsaudry aveuue; thence
northerly on Rrjaudrv avenue to West
Becudry avenue; thencs on West Beau
dry avenue northerly and easterly to
Beaudry a-enue; thence northerly on
Beaudry avenue to south line of Abila
tract; thence northwesterly along aonth
line ol said tract to Canal street; thence
along Canal street to Figueroa street;
thence along Figueroa street and ita
prolongation to the official bed of 1 c
Los Angeles river; thence along river to
north city boundary. Voting place, en
gine house No. 7; inspsctors, 11. G.
Hucki"gham, W. C. Carey; judges, H.
C. Register. William Mays; clerks, J.
H. Melville, T. F. Phillips; ballet clerEs,
Adolph Davis, H. Q. Blaisdcll.
Precinct B--AU of the C-cond ward
lying east of the following described
line: fjestinuintt Bt the intersec
tion of Frrst street aud Beaudry
avenue; thence northerly on Beau
dry avenue to West Beaudry avenue,
thence on West Beaudry avenue north
erly and easterly to Beaudry avenue,
thence northerly on Beaudry avenue to
south lino of Abila tract, thence north
westerly along south line of said tract to
Canal street, thence along Canal atreet
10 Figueroa street, thence along Figueroa
street and its prolongation to official
bed of Los Augelea river; thence along
the river to north city boundary. Vot
ing place, northeast corner of Bnena
Vista and Temple streets; inspectors,
J. M. Gregory, E. G. Tice; judges,
Henry Geise, A E. Senseney ; clerks,
George Gsphard, Manuel Marquez; bal
lot clerks, E. P. Tompkins, J. J. Hor
rell.
third ward.
Precinct A—All 0' the third ward ly
ing west of Flower street. Voting place,
rear ol drug store, earner Sixth and
Pearl streets; inspectors, John Gross,
C. Galpii; judges, j. L. Hunt. E. C.
Bosbyshell; clerks, J. F. Meudenhail,
N. C. Bledsoe; bailot clerks, 1. B. New
ton, C. W. lanes.
Precinct B-All of the Tbird ward ly
ing east oi Flower street. Voting place,
new city ball; inspectors, H. S. West,
Mi Morris; judges, G. W. Burton,
J. H. Armstrong; clerks, I.
B. Dockweiler, O. W. Baldwin;
ballot clerks, F. S. Munson, Henry B.
Wilson.
fourth ward.
Precincu A—All of the Fourth ward;
voting place, corner Pearl and Pico
streets; inspectors, E. L. Crabbe, W.W.
Phelps; judges, B. McOlnre, J.C. Hyde;
clerks, J, A. Thomas, John Spiers; bal
lot clerks, Heniy Gripp, D. Botiller.
FIFTH WARD.
Precinct A—All of the Fifth ward;
voting place, Washington gardens, cor
ner Main and Washington streets; in
spectors, J. W. Patillo, E. C. Hodgman;
judges, Martin Forrest, Curtis L. Shuru
way ; clerks, W. A. Field, A. A. Henry;
ballot clerks, Frank W. Babichi, Frank
Herbert.
SIXTH WARD.
Preeinot A —All of the Sixth ward;
voting place, No. 1616 South Main
street; inspectors, D. R. R,zelle, Anto
nifAOrfila; judges, George R. Weeks,
John Weber; clerks. (!. A. Ilaskftrvilla.
George Pessell; ballot clsiks, F. W.
Stine, J. T. Bearden.
SEVENTH WARD.
Precinct A—All of the Soventh ward ;
voting plane, southwest corner of Fifth
and Regent streets; inspectors, John
Wilaon, G. C. Briags; judges,
11. Richmond, S. ri. Henderson;
clerks, W. F. Grosser. W. H. Walker;
ballot clerks, W. R. Wilson, J. P. Oald-'
well.
EIOUTH WARD.
Precinct A—All of tha Eighth ward
lying north of Macy and Walters streets:
voting place, east side San Fernando
street, between Main and S itellostreets;
inspectors, J. A. Cline, M. C. Fordbain;
judges, A. E. Dixon, John Licet; clerks,
Oscar Macy, Fred Colby; ballot clerks,
William Llewellyn, J. J. Carpenter.
Precinct B—All that portion of the
Eighth ward lying south of .Macy and
Waiters streets ; voting place, hook and
ladder building, aUro street; inspectors,
John Flood, Charles Gerson; judges,
Alfred Moore, James Bothwell; clerks,
J. Fleishman, George Stevenson ; ballot
clerks, Fred Holbrook, W. G. Teekmao.
NINTH WARD.
Precinct A—All of Ninth ward; voting
place, engine house, East Sscond street,
near Boyle avenue; inspectors, H, F.
Brown, C. H. White; judges, C. M.
Farmer, Charleß E. Blake; clerks, W.W.
Herbst. L. N. Cochran; ballot clerks,
E. A. Humphrey, William Ruddy.
Sko. 4. If the DiODoeition be accepted
by two-thirds of the qualified votero
of said city, voting at said election,
bonds of said city to tho amount of
$52(1,000 shall be issned for tbe payeie.it
of the coat of eaid system of water
works. Said bonds shall bo serial in
cha-»,cter, one twentieth part of the
whole amount of said indebtedness, to
gether with interest due on all Bums
mi-aid on that date, shall be paid e?ch
year. Said bonds shall be 526 in num
ber, all to bo dated January Ist, 1893,
and bear interest at the rate of 5 per
con* per annum, payable semi-annually,
on the first day of July and the first day
of January of each year after their issue,
principal and interest to ba payable in
gold coin of tho United States, and pay
able at the Chemical National bank of
Ne». Ynrk city.
Sec 6. There shall be levied for the
first year by th* city council the sum of
$52,000 for the payment of the principal
and interest of said bonds, and for each
succeeding year a sum sufficient to piy
the accrued intecjat upon the reraai..
der of the sum due and one-twentieth
part of the principal.
Sec. 6. The city clerk ia hereby di
rected, after' this ordinance has been
published ten times, as herein speci
fied, to publish for two weeks in the
Lor Angeles Evening Express a notice
of such special election, the purpose for
which tbe indebtedness is to be in
curred, the number and character of the
bonds to be issued, the rate of interest
to be paid, and ohe amonnt of tax levy
to be made for the payment the* of.
Sec 7. The city clerk Bhall certify to
the psseago of thia ordinance by a
vote 01 two-thirds of the mem
bers of the city council, and cr.use the
same to be published once a day
for ten days in the Los Angelea Evening
Express, and thereupon i-.n.i thereafter
the same shall take effect and be in force.
1 h,.reH,7 f>ortttV thu f-,..„.„„
LOS ANGELES HEkALDi THfiDNESDAY WANING, MAY :*4, l89:i.
tho city of Los Angeles at ifo meeting of
Octobers, !B;i2, by tue following vote:
Ave-—Mtvsrr. Allortl, Innes, UoGnrry,
Nicliell, Rhode--. Rees, Suimnerland,
Tulte a-ifl Prepident Bonsall—o.
Noes—None.
(The above comprising more than two
thirds of the members of the couucil
of the city of Los Alleles.)
Fbeeuan (5. Tkbd, Clerk.
Ry A. 0. LucKKNmcii, Deputy.
Adproved this 4th day of October,
181)-'. Hkrry T. II •.zAiio, Mayor.
Kigbth—-And plßintill' further avers
that the said ordinauen No 140 l wee
never published iv tho Los Angelee
Evening Expre?s. or any other newspa
per, once a day (or ten dc.7n, as required
by the terms of said ordinance, end
never took effect ; nor haa the said ordi
nance over been in force.
Ninth— PiaiotilTiurther avers that the
snld ordinance, if it ever went into efiftot,
or had any force,<.v«B not published onco a
day for the said tendtys.noronceaweek
for two weeks before the publication of
the notice of Iho special el-.ction, here
iubefore referred to; nor was the tame
published in any newspaper whatever,
for an.-- time before the publication of
the 6aid not cc of, ths eoecial election.
Plaintiff' further avorn that the said
legislative body did not, after the publi
cation of the said ordinance, for any
time, cause a notice of the special elect
ion mentioned and provided for in the
Baid ordinance, t • be published for not
less than two weukP, nor for any time,
iv any newspaper published in tbe city
of Los Angeles, in form aa required by
section 8 of the act of the legislature,
approved March 10, 1880, entitled "Au
act authorizing the incurring of indebt
edness by cities, towna and municipal
corporations; incoaporated under the
laws of this state, for the construction
of water works, Bewers, and all neces
sary public improvements, or for any
purpose whatever, and to repeal the act
approved March 9, 1885, entitled an net
to authorize municipal corporations of
the tilth class, containing more then
3000 and less than 10,000 inhabitants to
obtain water works, also to repeal an
act approved March 15, 1887, entitled an
act authorizing the incurring of indebt
edness by cities, towns and municipal
corporations, incorporated under the
laws of this state." (Stats. 1889, p.
399)— nor any notice of said election
whatever in Any form.
Tenth —That afterwards the city clerk
of the city of Los Angeles caused to be
published in the Loa Angeles Evening
Express a notice of a special election, to
be held in the city of l,oa Angeles, on
Wednesday, November 2,1892; of which
Baid notice tbe following 1b a full, true
and correct cope:
ELECTION NOTICE.
By virtue of ths provisions of ordi
nance No. 1451 (new series) approved
October 4, 1892, the undersigned, city
clerk of tiie city of Loa Angelee, hereby
gives notice that a special election will
be held in the city of Los Angeles on
Wednesday, November 2, 1892, for the
purpose of submitting to tbe qualified
voters of the city of Los Angeles tho
proposition of issuing 52G bonds of said
city, each for the enin of $1000.
All of said bonds shall be datod Jan
uary 1 189.3, and bear interest at the
rate o! 5 per cent per annum, payable
sami-a.onnally on the first day of July
and tbe first day of January ot each year
after their issue. Said bonds to be
serial in character, and one-twentieth
part of the principal Bhall be paid each
year after their issue. Principal and in
terest payable in gold coin of the United
States at the Chemical National bank of
New York city.
Said bonds shall be issued for the pay
ment of the cost of constructing a sys
tem of water works, to be owned and
controlled by said city, the estimated
cost of which system of water works is
There shall be levied for the first year
by the city council the sum of $52,600
for the payment of the principal
and interest of said bonds and for each
succeeding year a sum sufficient to pay
the accrued interest upon the remainder
of the sum due and one-twentieth part
of the principal.
The polls at said election shall be
opened at sunrise and close at 5 o'clock
p. in. of the same day.
Tbe ballots to be used at said election
shall read "For the issuing of bonds,"
and "Against the issuing of bonds."
Said election shall be conducted in the
manner provided for in the charter of
said city and the laws of the state of
California.
For the purpose of said election the
nine wards of the city, as described in
article 12 of the charter, are hereby di
vided into 12 precincts, with the follow
ing boundaries and voting places, and
the following officers of election are
hereby appointed:
FIRST WARD.
Precinct A—All of the First ward;
voting place, Downey avenue and Tru
man street; inspectors, Augustus (load
lack, Robert Pollard; judges, Charles
Hayden, E. J. Post; clerks, James Mo
ban, J. C. Whituker; ballot clerks,
Henry Creciat, C. N, Earl.
SECOND WARD.
Precinct A—All of the Second ward
iyin.; west of the following described
line: Beginning at the intersection of
First street and Beaudry avenue, thence
northerly od Beaudry avenue to West
Beaudry avenue, thence on West Beau
ury avenue northerly and easterly
to Beaudry avenue, thence north
erly on Beaudry avenue to
Booth line of Abila tract, thence
northwesterly along south line of Baid
tract to Canal atreet; thence along
Canal street to Figueroa street; thence
along Figueroa street and its prolonga
tion to the official bed oi the Los Ango
les river; thence along the river to north
city boundary. Voting place, engine
btfuse No. 7; inspectors, II C. Bucking
ham, W. C. Carey; judges, H. C. Regis
ter, William Mays; clerks, J. H. Mell
ville, T. F. Phillips; ballot clerks,
Adolph Davis, H. Q Blaie,dell.
Precinct B—All of tha Second ward
lying east of tbe following-described
line: Beginning at tbe intersection of
First street and Beaudry avenue; thence
northerly on Beandry avenue to West
Beaudry avenue; thence on West Beau
dry avenue northerly and easterly to
Beandry avenue; thence northerly on
Beaudry avenne to south line of Abila
trat; thence northwesterly along south
line of eaid tract to Canal street; thence
along Canal street to Figueroa street;
thence along Figueroa street aud its pro
longation to the official bed oi the Los
Angeles river; thence along the river to
the north city boundary. Voting place,
northeast corner of Bucna Vista and
Temple streets; inspectors, J. M. Gre
gory, E. G. Tie; judges, Henry Geise,
A. E. Senaeney; clerks, George Gep
hard, Manuel Marquiz; ballot clerkß, K.
P. Tompkins, J. J. Horrell.
TniRD WARD,
Precinct A—All of the Third ward
lying west of Flower street; voting
place, rear of drug store, corner of Sixth
and Pearl streets; inspectors. John
0.-,-., n n.t»!.,. i ■■■' - . r r ry.., . p
hall, N. 0. Bledsoe; ballot clerke, I. li.
Newton, 0. W. Innes.
Precinct B—All of tbe Third ward
lying east of Flower etreet; voting
place, npiv city hall; inspectors, H. S.
West, M. Morris: judges, <J. W. Gur
ton, J. 11. Armstrong; clerics, I. B.
DockweUer. O. W. Baldwin; hal'.ot
clerks, F. 8. Munson, Henry B. WiUou.
'"""S . rOI'BTH WARD.
Precinct A—All of the Fourth wnrd;
voting place, Corner Pearl and Pico
Btreets; inspectors, K. L. Crabbe, W.W.
Pnelps; jurlges, B. MeClnre, J. C.
Hyde; clerks, J. A. Thomas, John
Spiers; ballot clerks. Henry Giipp, D,
BotiUtr,
FIFTH WARD.
I Precinct A—All of tbe Fifth ward;
voting place, Washington gardens, cor
ner of Main and Washington
streets; inspectors, J. W. Pa
tillo, E. C. Hodgman; judges,
Martin F'orrett, Curtis L. Shuuiway;
clerks, W. A. Field, A. A. Henry ; bal
lot clerks, Frank W. Sabichi, Frank
sixth ward.
Precinct A—All of tho Sixth ward.
Voting place, No. 101G South Main
street; inspectors, D. R. Rozalle, An
tonio Oiflla; judges, George R. Weeks,
John Weber; clerks, C. A. Baskerville,
George Pessell; ballot clerks, F. W.
Stine, J. T. Beardon.
SEVENTH ward.
Precinct A—All Of the Seventh ward.
Voting place, southwest corner Fifth
aud Regent slreets; inspectors, John
Wilson, G. C. judges, H. Rich
mond, S. H Henderson; clerks, W. F.
Grosser, W, H. Walker; ballot clerks,
W. R. WiUon, J. P. Caldweli,
KIOfiTII WARD.
Preoinct A—All of the Eighth ward
lying north of Mncy and Welters streets.
Voting place, r ast side San Fernando
street, between Main and Sotello Btreets;
inspectors, J. A. Cline, M. C. Fordham ;
judges, A. E Dixon,John Licet; clerks,
Oscar Macy, Fred Colby ; ballot clerks,
Wm. Llewellyn, J. J. Carpenter.
Precinct B—All that portion of Eighth
ward lying south of Macy and Walters
streets. Voting place, hook and
ladder building, Aliso street;
inspectors, John Flood, Cbas. Gerson ;
judges, Alfred Moore, James Bothwell;
clerks, J. Fleishman, George Stevenson;
ballot clerks, Fred Holbrook, W. G.
Teckman.
NINTH WARD.
Precinct A—AU of the Ninth ward;
voting place, engine house, East Second
street, near Boyle avenne. Inaoectore,
B. F. Brown, C. H. White; judges, 0.
M. Farmsr, Charles E. Blake; clerks,
W. W. Herbst, I. N. Cochran; bollot
clerks, E. A. Humphrey, William
Ruddy. Freeman G. Teed,
City Clerk.
Bnt plaintiff avere that the said city
clerk caused the Baid notice to be pub
lished without any other authority than
such as was derived nnder the Mowed
ings hereinbefore referred to; and plaint
iff avers, upon information aud belief,
that the said proceedings did not con
fer upon the said city clerk any author
ity whatever to publish tbe said notice,
or any authority for the holding of the
aniii election, for the purpose therein
mentioned, or any other purpose.
Eleventh—On the 2d day of Novem
ber, 1802, a pretended election was held
in the city of Eos Augeles, whereat
divers electors of said city voted npoD
the proposition to issue bonds to
the amount mentioned in the
Baid ordinances, and for the
purposes therein specified; and at said
election the whole number of votes cast
for tbe issuance of said bonds was 4979;
and the whr.l zinmher «f votem cast
against the issnance of said bonds waß
1196; and the said vote was returned to
the council of tbe city of Los Angeles,
and ou the 7th day of November, 1892,
the city council canvassed the said vote,
and declared as the re.-ult of tbe said
election that the proposition to issue the
said bonds was accepted bp two-tbirdsof
the qualified electors of said city vo'ing
at said election; but plaintiff avers that
I there were atdthe time the said election
was held 11,463 qualified electors oi tbe
city of Los Angeles.
Twelfth—That afterwards, to-wit: On
the 28ih day of November, 1892, said
city council passed, and on tbe Ist day
of December, 180;% the mayor of said
city approved, an ordinance numbered
1497, new series, providing for the issu
ance of the bonds of said city of Lor
Angeles, in the amount of $526,000, to
be used in tbe construction of a system
of water works, to be owned by eaid
city, of which Baid ordinance the follow
ing is a full, trne and correct copy:
ORDINANCE NO. 1497.—NEW SERIES.
"An ordinance providing for tbe issu
ing of bonds of tbe city of Los Angeles
in tbe amount of $526,000, to be used
for the construction of a By a tern of water
works to be owned by the city."
"Whereas, P*oper steps have hereto
fore been taken by the council of the
city of Los Angeles, complying with ail
the requirements of the act of the legis
lature of March 19th, 1889, authorizing
the incurring of an indebtedness by
cities for public improvements; and,
"Whereas, The question of incurring
an indebtedness of $526,000, and the is
suing of bonds therefor for the construe
tion of a system of water worka to be
owned by the city bas been submitted
to the qualified voters of said city at a
epeeial election, and more than two
thirds of the votes cast at such special
election, having been in favor of incur
ring said indebtedness, and issuing said
bonds; now, therefore, ,
"The mayor and council of the city of
Lob Angeles do ordain as follows:
"Section 1. That bonds of the city of
"Los Angeles in the amount of $526,000
"be issued in accordance with the provi
sions of the act oi the legislature, ap
proved March 19, 188!), and the charter
"and ordinances of said city.
"Sec. 2. That said bonds Bhall be 526
"in number, serial in character, each for
"the sum of $1000, all dated January 1,
"1893, and shall bear interest, payable
"semi-annually, at the rate of 5 per cent
"per anuum, on the Ist day of July and
"the Ist day of January of each year,
"both principal and interest payable in
"gold coin of the United States at the
"Chemical National bank of New York
"city, N. Y. One twentieth part of the
"principal shall be paid each year. Said
"bonds shall be substantially in the
"words and figures as follows, to-wit:
"No
"United States of America, State of Cal
ifornia, City of Los Angeles.
"WATER WORKS IMPROVEMENT BOND.
"Los Angeles, January 1, 1893.
"SIOOO.
"On the day of , A. D.
" , the city of Los Angeleß will
"pay to the bearer at the Ohemical Na
tional bank of New York city, New
"York, the sum of one thousand dollars,
"with interest thereon from date at the
"rate of five per cent per annum, paya
"ble semi-annually on the Ist day of
YfEXVKL EASTON, (JEO. W. FRIITE, Geo. Easton,
PJ* • - Pr< * i< -™t' Tie» Prcsi'.lcjiL Secretary.*
AKGLO-CALirOHSIAN BANK,
! . REAL rSTATF°-Tr V
i GRAND AUCTI^^
Wolfskill Tract,
TOMORROW
On the Grounds,
AT 1 O'CLOCK M
DO NOT MISS THIS GRAND OPPORTUNITY!
MAPS AND CATALOGUES AT
LOS ANGELES LAND BUREAU, fl*^^®
"sentation and surrender of the interest
"coupon her6to attached. Principal
"and interest payable in gold coin of the
"United States.
"This bond is issued in pnrauanoe of
"the act of the legislature of the state
"of California, approved March 19, 1889,
"authorizing the incurring of indebted
ness of cities for the construction of
"public improvements, and also putsu
"ant to the charter and ordinances of
"said city.
"Mayor of the City of Loa Augeles
"Treasurer of the City of Loa Angeles.
"Countersigned by
"City Clerk.
"The interest coupons shall be sub
stantially as follows;
"$25. No
"On the first day of A. D.
" the City of Lob Angeles
"promises to pay to the bearer at tbe
"Chemical National bank of New York
"city, New York, tbe sum of twenty-five
"dollarN in gold coin ot the United
"States for semi-annual interest due on
"water works improvement bond No.
"Treasurer of the City Of Los Augeles.
"Section 3. The mayor and treasurer
"are hereby authorized and directed to,
"eign said bonds and the city clerk
"to countersign the same and
"to affix the corporate seai of the
"city thereto, and the treasurer ie here
"by authorized and directed to eign tbe
"interest coupons of eaid bonds. Said
"bonds shall be delivered by the city
"clerk to the city treasurer in such
"amouDts as the council may from
"time to time determine.
"Sec. 4. The proceeds of the sale of
"said bonds shall be placed in a fund to
"be known as the water works improve
"ment (und.
"Sec. 5. There shall be levied for the
"first year the sum of $52,600, for tbe
"payment of the principal and interest
"oi said bonds, and for each succeeding
"year a sum sufficient to pay tbe ac
crued interest upon the remainder of
"the sum due and one-twentieth part of
"the principal.
"Sec. 6. The city clerk shall certify
"to the passage of this ordinance and
"cause it to be published once in the
"Los Angeles Evening Express, and
"thereupon and thereafter it Bhall take
"effect and be in force.
"I hereby certify tbat the foregoing
"ordinance was adopted by the council
"of the city of Los Angeles at its meet
ing of November 28th, 1892.
"Frbeman Gk Teed,
"City Clerk.
"Approved this Ijtdayof December,
"1892. "Henry T. Hazard,
"Mayor."
And Baid ordinance was published in
the Lob Angeles Evening Express on
the 2d day of December, 1892.
Thirteenth —That In accordance with
the eaid ordinance last hereinbefore set
forth, bonds were prepared nnder the
order of the council of the city of Los
Angeles to the amount of $526,000, and
in 526 bonds of the denomination of
$1000 each.
Fourteenth —That afterwards a notice,
signed by tbe city clerk, ex-officio clerk
of the council of the city of Los An
geles, waa published in the Los An
geles Herald, a newspaper published
in tbe city ot Los Angeles, inviting pro
posals for the purchase of the said pre
tended bonds of the city of Lob Angeles,
of which said notice the following is a
copy:
"notice inviting proposals for the
"purchase of watbb improvement
"bonds of THE CTI'Y OF lob anoblbs.
"Sealed proposals will be received by
"the undersigned up to meeting of coun
"cil in the city of Loa Angeles, to be
"held Monday, Mi,y 22, 1893, at not
"later than 10 o'clock a. m. of that day,
"for the purchase of all or any portion
"of 200 water improvement bonds of the
"city of Los Angeles, 100 of which are
"to be delivered and paid for within 10
"days from the date of the acceptance of
"the bid, or as soon thereafter as the
"bonds are ready for issuance, and 100
"to be delivered and paid for four
"months from the date of the acceptance
"of tbe bid, and for the purchase of nil
"or any portion of 526 water improve
"ment bonds of the city of Lob Angeles,
"(which number includes the 200 bonds
"above mentioned). 200 to be de
"the date of the acceptance of the bid,
"2IJO to be delivered in biz months aud
"126 to be delivered nine months from
"tbe date of tbe acceptance of the bid.
"Said bonds are to be of the denom
ination of $1000 each, drawing interest
"at the rate of 5 per cent per annum,
"interest payable semi-annually at the
' Obemioitl National bank of New York,
"and are to be issued under the provi
sions and conditions of the act of the
"legislature of the state of California,
"approved March 19, 1889, entitled,
" 'An act authorizing the incurring of
"indebtedness by cities, towns and mu
"nicipal corporations, etc' and also
"under the provisions of ordinances' No.
"1430, 1451 and 1497, new series, of said
"city, which said ordinances or copies
"thereof may be seen at the office of the
"undersigned.
"These bonds are all dated January 1,
"1893, and are divided into 26 blocks of
"20 bonds each, and one block of six
"bonds, and beginning January 1, 1894,
"one bond of each block will become
"due and payable annually.
"Proposals will be received for the
"entire issue or /or one or more
"blocks.
"No proposals for these bondscatnbe
"entertained at less than theft "jfs*Je
"vxlue and accrued interest. „„ ',iar\&
"Proposals to be endorsed 'Proposals
"for purchase of bonds.'
"Bonds will be ready for delivery
"about June 1, 1893.
"Bonds will be delivered by the city
"treasurer at his office in tbe city hall,
"Los Angeles city.
"The council reserves the right to re
"ject any and all bids.
"By order of the council of tbe city of
"Los Angeles at its meeting of April 17,
"1893.
"0. A. LrjCKKNBACH,
"City clerk and ex-officia clerk of the
"council of the city of Los Angeles."
And said notice was first published on
the 21st day of April, 1893, and in pur
suance thereof the Baid council of the
city of Los Angeles intend, and unless
restrained by this court will, on or after
the 22d day of May, 1893, accept bids
for the whole or any portion of the said
bonds npon tbe terms mentioned in the
said notice and will sell tbe same upon
eaid terms and issue such bonds to the
purchasers thereof.
Fitteenth—The plaintiff further avers
that no other proceedings for tbe issue
or sale oftbe said or any bonds for the
purposes aforesaid, were ever had, done
or taken by the said council of the city
of Los Angeles, or the mayor, or any
other officer or tribunal or by said mu
nicipality, than as herein set forth.
Sixteenth —And plaintiff further avers
upon information and belief, that the
said proceedings did not and do not
authorize the said city of Lob Angeles,
or any officer, board or tribunal of the
said municipality, to sell or to issue the
said bonds, or any thereof.
Seventeenth—Plaintiff further avers
npon information and belief, that there
was no necessity for the construction of
the system proposed in the plans
and specifications referred to in the
said proceedings of the council of the
city of Loa Angeles, and that tbe
Baid proposed works did not and will
act, if completed, constitute any system
for the supply of the inhabitants of the
city of Los Angeles, but tbe said so
called propoaed ayatem of water works
was a plan for the construction of works
for supplying a small portion of the city
of Lob Angeles and its inhabitants with
water, and in opposition to a system al
ready constructed and in full operation
at the time of the passage of the said
ordinance; and said system, if con
structed, would not be vied by the said
city of Loa Augeles for* the supplying of
the inhabitants of said city at any
place, in competition with the said Loa
Angeles City Water company, by reason
of the contract with said company here
inbefore set forth.
Eighteenth—And plaintiff further
avers tbat said vote for the
issuance of said bonds was mainly
given by the electors in the por
tion of said city proposed to be supplied
from the said works, and tbat such elec
tors outside of the aaid locality as voted
therefor, were induced to vote for the
issuance of said bonds npon the misrep
resentation by the public authorities of
said city, that a large revenue could be
derived by the city from water rates col
lected from consumers oi water from the
said works ; whereas, in truth, aa plaint
iff is informed and believes, and there
r,.f» *tta»<rt.-< »**•-*<»•*.. A .-»'*-.- -»f f.-n l **».--rl->
7
tntion or laws of the state of California
to charge any rates or compensatioi
whatever for furnishing water to the in
habitants of Baid city or any portioi
thereof.
Plaintiff further avers, upon inform*
tion and boiirf»that the said legislative
branch of the said municipal corpora
tion—the City of Los Angeles—did noi
first have plans and estimates of ths
cost of such improvements made by i
competent engineer or architect who ha<
had successful experience in such work,
before tbo question of incurring indebt
edness for r?uch improvement was sub
mitted to a vote, nor bad any suoh plant
or estimates of tho coat of any such im
provementa been made at any time, oi
at all, prior to the submission of ths
said question of incurring said indebted
nean for said improvements to the elect
ore of said city.
Tbat after tbo publication of said tao
tico inviting proposals tor the purchase
of said alleged bonds had been given,
various parties desiring to purchase tht
same and having tbe menus ao to do, dW
duly make bids therefor as suggested
and prescribed hy said notice and is
manner and farm aa therein designated
and said bids have been opened and art
now being considered by said' eoanci
and by said 'defebdsnts, and plaintil
upon information and belief avers that
unless restrained by the order of thii
court said defendants will act affirm*
tively upon said bids and will sail an*
deliver said bonds to said bidders, ti
plaintiff's great and irreparable injur
and damage.
That unless restrained by the ordei
of this court said pretended bonds wiU
notwithstanding the defects and illegal
ity thereof, aa hereinbefore act forth, bi
sold by said city, and the effect of sueb
issuance and sale will be to cause a large
apparent indebtedness of said munici
pality and to depreciate all the propert]
within the limits thereof, including thi
property of this plaintiff, to plaintiff'!
great and irreparable injury and dam
age.
Therefore, plaintiff prays for an ordej
to the defendants to show cause wbl
the defendants should not be enjoinel
from iurther proceedings for the sale «
issuance of the eaid bonds, or of any ef
them, and that upon the return of sail
order a preliminary injunction, restrain
ing tbe aale or issuance of said bonds,
or any of them, bo granted, and thai
upon final hearing the said injunction
be made perpetual, and for costs of sal
and such other and further relief ai
may be just. Stephen U. Whits,
and Chapman & Hindbjck,
Attorneys for plaintiff
State op California, >
County of Los Angeles.)
William Ferguson, being doly sworn
aaya that he is the plaintiff in the abost,
entitled notion; that he has heard raw
the foregoing complaint and knows tht
contents thereof, and that the same I
true of his own knowledge, except as ti
matters which are therein stated on ia
formation or belief, and as to those mat
ters that he believes it to be true.
William FsaausoH.
Subscribed and sworn to before oaa
this 22d day of May, 1893.
[Notarial seal] A. C. Taylo*,
Notary public in and for the county a)
Lob Angeles, state of Calilornia.
Upon reading and filing the foregoing
verified complaint, and good cause eg
peering therefor, it is ordered that th
defendants show cause before this court
department three, on Monday tho 29tl
day of May, 1893, why a preliminary ia
junction should not issue in this cause
restraining tbe defendants from furthsj
proceedings pending this action, for th
issuance or sole of the bonds referred t
in the complaint, and from in any mv
nor disposing of the same.
Wm. P. Waot,
Judge of said coart.
TWENTY YEARS
THE LEADER!!!
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