City of Seattle Records

113 COMMON COUNCIL OF THE CITY OF SEATTLE. Aug. 18, '82 Gas Lights Fund Seattle Gas Lights Co Gas $200.00Attending lights $30 No 16 $230.00 The claims of James Hicks and Catherine Weritt are received and referred to the Finance Committee. A petition is received from W. H. White et al praying the Council to purchase the ground upon which the Engine House now stands for Engine House purposes; thereupon the same is referred to the Committee on Fire and water supply. And now the Judiciary and Legislative Committee report upon the petition of Harmon and Thurlow and Submit Ordinance No 294 entitled "An Ordiance "To provide for leasing a portion of Seneca Street"; Thereupon after due consideration said Ordinance is adopted upon the following Vote, towit: In favor of adoption Clancy, Cosper, Gasch, McDonald and Rasin; Against adoption None. And now Councilman McDonald submits Ordinance No 295 entitled "An Ordinance to provide for the prevention and removal of nuisances and for their punishment"; Thereupon after due consideration said Ordinance is adopted by the following Vote, Towit: In favor of adoption Clancy, Cosper, Gasch & McDonald Rasin Against adoption none. And now the Committee on Streets and Street Improvements submit an Ordinance to amend Sections 6,7,8, & 9 of Ordinance No 289; pending consideration the same is laid over until next meeting. Ordered that the Council Stand now adjourned Attest: E S Osborne, Clerk Approved H. G. Struve, Mayor

128 JOURNAL OF THE PROCEEDINGS OF THE Sept 8/82 On this the 8th day of September 1882 the Common Council of the City of Seattle meets in its Council Chamber pursuant to adjournment. The following Officers are present, towit: His Honor the Mayor H.G. Struve and Councilmen John Collins, Fred Gasch and V.M. Rasin. No quorum being present, Council adjourned until Monday September 11 1882 at 7.30 o'clock p.m. Attest: E S Osborne Clerk Approved H G Struve Mayor Sept 11/82 Be it remembered that on this the 11th day of September 1882 the Common Council of the City of Seattle meets in its Council Chamber pursuant to adjournment. The following Officers are present, towit: His Honor the Mayor H. G. Struve and Councilmen John Collins, O. F. Cosper, Chas F. Clancy, Fred Gasch, Charles McDonald and V.M. Rasin. Thereupon the following proceedings are had: Petitions received From W.A. Scott et al for the opening of Mill Street from 8th to Williamson Street, thence north to intersect Lake Street. Referred to the Committee on Streets and Street Improvements. Communications received From His Honor the Mayor recommending that the members of the Police force be uniformed. Referred to the Committee on Health and Police. Reports received From the Surveyor restructing plans for Washington Street grade under Ordinance No. 301. Reports of Committees received From Public Buildings, Property and Grounds recommending that the rent of a certain Tenement House belonging to the City be reduced to $10.00 per month. Adopted.

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COMMON COUNCIL OF THE CITY OF SEATTLE.

Sept. 11, '82

following Vote towit: In favor of adoption Collins, Cosper, Clancy, McDonald & Rasin Against adoption Gasch

And now the Judiciary and Legislative Committee Submit Ordinance No. 307 entitled " A special Ordinance appropriating money "to pay audited bills" thereupon after due consideration said ordinance is adopted upon the following vote towit: In favor of adoption Collins, Cosper, Clancy, Gasch, McDonald & Rasin; Against adoption none.

Ordered that the Council stand now adjourned until Friday September 15, 1882 at 7 1/2 o'clock p. m.

Attest: E S Osborne, Clerk

Approved

H. G. Struve, Mayor

Sept. 15, '82

Be it remembered that on this the 15th day of September, 1882 the Common Council of the City of Seattle meets in it's Council Chamber pursuant to adjournment.

The following officers are present, towit: His Honor the Mayor H. G. Struve and Councilmen John Collins, O. F. Cosper, Fred Gasch, Charles McDonald, G. L. Manning and U. M. Rasin

Thereupon the following proceedings are had.

Petitions Received

From L. S. Rowe for the right to lay water pipe in certain streets Refered to the Committee on Streets and Street Improvements.

From the King County Industrial Association, praying for the refunding of $15.00 paid for licenses. Refered to Finance Committee

From Geo. Kinnear et al for the grading of Second Street from Mill Street to King Street. Referred to the Committee on Streets and Street Improvements

Communications Received

From His Honor the Mayor returning Ordinance No 306 entitled "An Ordinance to provide for the levying and collecting of a special "tax for the purpose of raising funds to pay for the grading and improvement of Various Streets under Ordinance No 289" without

133

COMMON COUNCIL OF THE CITY OF SEATTLE.

Sept. 15, '82

other circumstances would fall upon the exempted property. But I am by no means satisfied that the University grounds although belonging to the Territory are exempt from this assessment. The act of 1879 amending the Charter provides for an assessment " on all lots and parcels of land fronting on such streets" etc. By the terms of the act no exemptions are allowed. The levy contemplated by the Ordinance is not a "tax" in the technical sense of the term and therefore is not embraced by the general exemption clause in the Revenue law of the Territory. "Taxes" are contributions imposed by the government upon individuals for the service of the State; they are sacrifices made by, and burdens cast upon individuals for the public good. In this they differ from local assessments for improvements, which are not considered a burden nor a sacrifice, but as an equivalent or compensation for the enhanced value which the property derives from the improvements. Owing to the temporary absence of the legal adviser of the City I have not consulted with him on the legal phases of this question, but I feel satisfied that the current of legal authority favor the proposition that even public property of the Territory is liable to this local assessment, unless there is some express provision of the statute indicating a contrary intention. It is with extreme reluctance that this Veto is interposed, because my strong sympathy with the crippled condition of the University and my adverse position as one of the Regents on the institution lead my inclinations in a contrary direction. I there fore respectfully recommend that the subject matter of this ordinance and the approval of the assessment roll be reconsidered with special reference to the legal points herein suggested so that vexatious litigation may be avoided and that all parties interested may be fairly dealt with

Very Respectfully etc. H. G. Struve, Mayor

Ordered that the matter of reconsidering Ordinance No. 306 be laid over until next meeting

From the City Surveyor recommending certain changes in the grade of Union Street & that said Street be re-graded. Referred

136 JOURNAL OF THE PROCEEDINGS OF THE

Sept 29/82 Be it remembered that on this the 29th day of September 1882 the Common Council of the City of Seattle meets in its Council Chamber pursuant to adjournment The following Officers are present, to wit: His Honor the Mayor H. G. Struve and Councilmen John Collins, O. F. Cosper, Charles F. Clancy, Fred Gasch, Charles McDonald, G. L. Manning and U. M. Rasin Thereupon the following proceedings are had: Petitions Received From Robert Russell et al for the enforcement of ordinances No.s 236 and 155 licensing Vehicles. Referred to Committee on Lic -ences and Revenue. From Moses Keezer et al for a gas lamp corner Mill and Terrace Streets. Referred to Committe on Gas Lights. From F. X. Prefontaine for a gas lamp corner 4th and Washington Streets. Referred to Committee on Gas Lights. Remonstrances Received From W. C. Hawthorne et al against the proposed regrading of Union Street. Referred to the Committee on Public Buildings, Property and Grounds. Communications Received From City Surveyor recommending the changing of the gradeline on 2d Street between Mill and King Streets. Referred to Committee on Streets and Street Improvements From City Attorney submitting to amend ordinance No. 197. Reports of Committees received From Judiciary and Legislative Submitting an ordinance to amend Sections 2 & 3 of ordinance No 246 From Public Buildings, Property and Grounds on certain needed changes required in New City Engine House. Ordered that the matter be referred to said Committee with instructions to act in the premises & to report thereon at next meeting From Health and Police recommending that the Police Force be uniformed. Recommitted with instructions to submit proper style of uniform.