City of Seattle Records

992486 Law Department City of Seattle William T. Scott, Corporation Counsel Frank A. Steele Assistant Corporation Counsel Melvin G. Winstock City Attorney

Seattle, Washington, May 28th, 1894.

Hon. J. P. Sweeney, Chairman Railroad Committee, Board of Aldermen, City of Seattle.

Dear sir, -- In the matter of the proposed amendment to ordinance No. 262, as amended by ordinance No. 484, granting a franchise to the Oregon and Transcontinental Railroad Company and the Columbia and Puget Sound Railroad Company, I have to say, that after careful consideration of the questions propounded to me I see no legal reason why the proposed amendment to section one of said ordinance may not be adopted so far as the rights of the city are concerned.

Looking at this question from the stand point of the city's interests, after a careful examination of the report of the city engineer as to the expense to which the city would be put with reference to its streets if the present grade of said railroads were used, it would certainly be to the interest of the city to allow the said railroads to locate their tracks upon the street known as Railroad Avenue, rather than to have them use the present right of way.

The question submitted to me is a mixed one of law and fact. I have carefully examined the report of the city engineer, which I may say is exhaustive and to the point, and I have also consulted authorities bearing upon the proposition. Upon the question of fact it would seem that the interests of the city would be conserved if the present "Ram's Horn" right of way were abandoned so that all the railroads which enter the city should do so as nearly as possible, parallel with each other, thus making it more convenient to regulate and control these roads in the interest of the public. The fact that the city would be put to great expense by reason of the changing of the grades of the different streets would be a consideration sufficient to move the city council to adopt this amendment to the ordinance, if by so doing the city would not suffer or be liable for any damages by reason of the passage of such ordinance.

The supreme court, in the case of Hatch vs. Tacoma, Olympia, etc. R. R. Co., 6 Washington, page 1, passed upon the question of injuries to abutting property by reason of the granting of franchises for railroads upon the streets of cities. It was urged in that case that the city would be the party liable, and not the railroad company; but the supreme court did not sustain this contention, but held that the ordinance granting the privilege to use the street created no liability upon the city and simply granted such rights as te city had power to confer, and none other. This means that the city by virtue of the

992486

Office of City Engineer, Seattle, Washington, May 18th, 1894.

Dr J. P. Sweeney; Chairman Railroad Committee, Board of Aldermen;

Dear Sir ; -

At your recuest I have made a careful examination into an ordinance submitted to me, entitled "An ordinance to further amend Section One of Ordinance No 262 entitled 'An ordinance granting the right to the Oregon and Transcontinental Railroad Company and the Columbia and Puget Sound Railroad Company, and to authorize said companies to construct, maintain and operate a single or double track railroad along the water front of the City of Seattle' approved March 14th, 1882, as amended by Ordinance No 484."

As indicated by the title the ordinance presented amends but one section (Section 1), of the ordinance under which the existing franchise (commonly known as the "Ramshorn franchise"), is held. After a careful comparison of the original section and the amendment presented, I find no difference except that of location of the route of the franchise.

The terms and conditions imposed in Section 2 of the original ordinance are in no way offered to be changed, modified or extended by an any provision of the amendatory ordinance. As no cuestion is raised at this time against the standing or validity of the existing franchise, there is no occasion for considering any features of the situation except those involved by the proposed change of route.

Maps have been submitted to your committee showing the precise location of the amended route as related to the original route, over the entire water front area of the city along which the franchise extends. As indicated by these maps, the proposed change in location practically affects only that portion of the route between Jackson Street and Union Street, the differences in loation south of Jackson Street and north of Union Street, being immaterial.

Commencing at the south, I find the effects of the proposed change of route on the streets of the city will be as follows;

(1) The "rainbow" complication of franchises in Railroad Avenue between Jackson and Washington Streets will be thoroughly done away with, and a set of practically parallel franchises substituted therefor. Instead of two forced crossings of the Seattle and Montana franchise, none will be required for the through franchise to the southward, and only one for the approach to the depot grounds. The west 22 feet of Railroad Avenue will be left entirely clear for the Union Pacific or other franchises, which under existing grants are crowded out of the Avenue or blocked at this point.

(2) The tracks crossing Yesler Avenue will be brought together within the limits of Railroad Avenue instead of being spread over nearly 300 feet as at present.

(3) West Street, between Columbia Street and Yesler Avenue, will be entirely free from railroad tracks. At the present time the long diagonal course of the existing franchise across this portion of West Street, the tracks on which are used as depot tracks for standing trains, amounts to a practical blockade of West Street.

(4) The situation on Columbia Street is so familiar as to require no explanation. The tracks have been replaced along the old location. Although the grade of Columbia Street was raised by ordinance of the City Council about 2 feet above the railroad grade at the point of crossing, the actual roadway was never constructed to the raised grade, although the sidewalks running west from Front Street correspond more nearly with it. The change of route of the railroad franchise will make it possible to raise Columbia Street to the noew ordinance grade,

992486

thereby materially reducing the grade form Front Street west to the water front.

(5) Marion Street, Madison Street and Spring Street are so similarly affected by the proposed change in route that I will consider them together.

Immediately after the fire, acting under the belief that all franchises would be relocated on Railroad Avenue, the City Council established new grades for Columbia, Marion, Madison and Spring Streets west from Front Street. These grades raised the respective street levels

54 Journal of the Proceedings of the

Nov 8 1890

November 10th AD 1890 assy 2 PM Attest H.W. Miller City Clerk [?] B Drown Depty Clk

Approved Geo W Hall Prest

Nov 10th 1890

Be it remembered that on this the 10th day of November A.D. 1890 the Board of Aldermen of the City of Seattle met pursuant to adjounment in their Council Chamber Geo W Hall in the Chair. At roll call the following Members are present. Viz: MH Bogardus TW Halbrook A.S. Miller T. A.Pantius W. A. Snyder. T. W Wald F.N.Willox Mr Rust H.W. Miller Clerk Alderman Korn being absent from the City the following proceeding are had to wit:

Reports Report of Police Judge mo of Oct Report of the Police Judge for month ending Oct 4th 1890 accompanied by receipt for fees collected within said time: Read ref to H & P Comm

Petitions Fred Nolte pet. Petition of Fred Nolte for Correction of apparent error in assessment of property: Read & ref to Judiciary Comm

Frank Paul pet. Petition of Frank Paul for adjustment of assessment error: Read & ref to Jud. Comm

G Phinny pet Petition of G.C. Phinney et al for Sidewalk on West Street Read & ref to [?] Imp Comm

Board of Aldermen of the City of Seattle 55

Nov 10 1890

Rem of Gasfitters Union Petition and remonstrance of the Plummers & Gas Fitters Union against the confirmation of JR Malan as inspector of Plumbing Read & ref to Com: on H & Police

App of J.R. Malan Communication of the Board of Health appointing JRMalan Inspector of Plumbing as confirmed by the House of Delegates Read & ref to Comm: on Health & Police

A Macintosh Petition of A Macintosch Prest of the Safe Deposit Co. : for payment of certain warrants held by him : Read & ref to the Finance Committee

Amos Brown pet. Petition of Amos Brown et al for adjustment of Goods Tax Read & ref to Jud Committee

B of A Bill #11 referred The following Com's was recd from the House of Delegates that B of A Bill No 11 had passed H of D as amended : motion to concur in amendment carried - motion by Wald to refer same to Judiciary Com : to have amendment properly engrossed carried

B of A Bill #16 passed That B of A Bill No 16 had passed H of D as amended : motion to concur in amendment carried, and one issuance signed by the President.

B of A Bill # 5 passed. That B of A Bill No 5 had passed H of D as amended : amendment read and bill referred to Com : on [Pub?] Bdlgs & Grounds

58 Journal of the Proceedings of the

Mar 10 Sewerage System are adapted to report 1890 to the B of A the character and last of the work required to be done to carry out as early as practicable the request of the petitioners and for the best interests of the City: F. W. D. Halbrook Chairman

Report read and on motion adopted and same sent to Hoff for concurrent action.

The Committee on Sewers and Drains report as follows: On the petition of Jno. D. Denny et all: Your Sewer Committee recommends the adoption of the recommendation of the Board of Public Works in their letter on file in the Clerk's Office. F. W. D. Halbrook Chr.

Report read and an Motion adopted and same sent to Hoff for concurrent action

The Committee on Street Improvements report as follows: On the petition of J. E. Ayer et al Your Committee on Street Imp relying upon the Report's of the City Engineer and Board of Public Works would respectfully - recommend the surveying of Milwaukee St. between Drexel Ave and Lincoln Street and that the grade be established for same district as prayed for: I. W. Ward Chairman report read and adopted and on motion referred to Board of Public Works: Same sent to Hoff for concurrent action

The Select Committee on Furnishings ? was referred to the file of JS. Christy be predicted it being too high for the Gas fixtures used in the new

146 Journal of the Proceedings of the

Dec. 17th 1890

Be it remembered that on this the 17th day of December, A.D.1890, the Board of Aldermen of the City of Seattle met pursuant to adjournment in the New City Hall. The [underlined] President Geo. W. Hall in the chair. At roll call the following members were present, to wit --- W.H. Bogardus, Moses Kom, [Korn?} A.S. Miller, T. A. Pontius, W. A. Snyder T. N. Wilcox Mr. President

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The following proceedings are had: Minutes of the previous meeting read and approved.

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Petitions etc. Petition of J.H. Brewer for assistance Read & Ref. to Board of Health

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Committee Reports The Committee on Fire and Water reported as follows on the communication of Board of Public Works and communication of House of Delegates in regard to contract of Jas. W. Girvin [?] & Co., for Chemical Engines. We have a proposition from James S. Naismith, contracting agent for J. W. Girvin & Co. of San Francisco offering to release the City from the purchase of two Holloway Chemical Engines on condition that the City accept and pay for the two which have been delivered. In reference to this proposition we wish to recommend that the city accept the offer of Jas. W. Girvin & Co. Report adopted as read and same referred

[Defts?] Ex No 12 [?]

City of Seattle Office of the City Clerk City Council Minutes Records Series 1801-12

Volume 1

Record of Board of Aldermen

10/1890 - 8/1891

East Park Add Plat .2 Election City Notice of 32-508 Election. Com. to be present - 42 do Canvass returns 45-232-535 '1885' Equalization of taxes 1886 Pgs 50 to 60 do 1887 Pgs 248 to 285 Election City officers 64-216 Eighth St. Madison L. Union open sewer 72-79 do James Columbia Open sewer 140-158 do Plank 194 Eleventh St open Columbia to Madison 272-289 do So. Mill to Jackson grade 298 do use for material 314 do to straighten 378 Engineers Fire dept. salary 361-375 Eppler NY remit taxes 379 Engine Co No4 repairs 101 custodian 425 No 1 Repairs 486 504 Bell 235 Lease 381 Bell Down 621 Engine Co No 3 Bell 413-427 Eighth St to grade Union to Mill 425 Depot to Mill 451-485 Depot to Howell 754-765 plans 766 plans 795 [?] Ewing Thos for slip 471 Eleventh St straighten 464 Eisenmeyer N.P. to build wharves 483 Edrs St [Col.?] to East open 531-542 Edes Knights Supt plat at 628-633 Eastern Add. St boundaries 631 Eagan Jno erect awning 632-643 Engels Louis damages 653-663 - 752 Engine Co No 2 Horse Cart 666 Ely G.W chq bld 651-664 Excelior sign Co 739 Eastlake addn. 748 Eleventh St. to grade 738 Seneca to Bway 765 plans 766. bids asked 795. Ellis + Floyd chgbe's 712