City of Seattle Records

77B

Petition For 6-inch water main on Irving Avenue and Chestnut Street from Market Street to Green Street.

1893

Granted to B of A 4-17-93 [illegible]

Seattle, Wash., March 6th, 1893.

Honorable City Council of the City of Seattle:

Your petitioners, residents and property owners in the vicinity of Irving Avenue, respectfully represent that there is urgent necessity for the construction of a six inch water main on Irving Avenue and Chesnut [sic] Street from Market Street to Green Street.

Wherefore, your petitioners respectfully pray that such main be constructed.

And your petitioners will ever pray.

M Isaacson O Compton L Aamadt Fred J Middleton Wm Herth Henry I. Dearborn Robert Hegen S. Heojer David Forbes C H Carrington L W Cook John Powell H. M. Carrington S. Bisazza John Pollus Peter Jackson H I. Peterson John O Leary A. L. Steele Thos Lk Wilson James F. McNeal H. S. Ewing D.S. Culman W S Robertson Ole Olson Gina Olson Mrs. A. Wootton R H Shackelford Tom. Wootton W. H. Middleton

Inplace of this would recommend that the present planking from Railroad crossing to Market St be repaired and that Market St be planked one Block & Colfax Street one Block to connect with present planking on county road G M Alexander St Com

384 JOURNAL OF THE PROCEEDINGS OF THE Oct 19/83

fortunately the City Attorney who drew this Ordinance inadvertently omitted the provision contained in the original Ordinance, appropriating the street as extended to the use of the public as a public street. This omission escaped the scrutiny of the Committee to whom it was referred as well as the Council and its presiding Officer.

In September 1883 the necessary steps were taken for the appraisment of the land appropriated by the appointment of these assessors, who have performed their duty as required by law and by the assessment district. An Ordinance was also passed providing for the improvement of that portion of Jackson Street so extended by Ordinance 410 by grading the same and constructing a sidewalk from the East side of 12th to Market Street. Under this Ordinance the City made a contract for this improvement with G. N. Alexander, which was executed on Sept 28, 1883 and under its provisions the Contractor has completed about one third of the Contract and is entitled to a considerable amount in addition to the sum already paid him, and he is now actively engaged in prosecuting the work. In this posture of affairs it is brought to the attention of the Council and alleged that Ordinance 410 is defective for its intended purpose, because it omits the active clause in Sec. 1 of the original Ordinance providing for the appropriation of the Street to the uses of the public as a public Street. The vital question to be determined is whether or not this amendatory Ordinance extinguishes the positive provisions in the original Ordinances for the appropriation of the land by the exercise of the right of eminent domain. As I conceive the law to be this question is certainly free from doubt. Many rules of construction may be invoked to preserve the vitality of the Ordinances. The title of the original Ordinance may be called in aid and that provides in positive terms for the condemnation of real estate necessary for the extensnion of the Street. Each of the other Sections of the original Ordinance which remain unrepealed, treats of the tract of land therein described as being unrepealed. And in addition thereto Section 79 of the City Charter requires that any Ordinance or Section thereof amended [-----] be [-----] and Ordinance No.

680 JOURNEY OF THE PROCEEDINGS OF THE Dec 21 1888 said street a distance of about 20 feet. Also for permission to put a partition in said building. Read & referred to Committe on Fire & Water. Petition of J.C. Blowers and other for opening alley in Block 92 D D Dennys First addition. Read & referred to Committee on streets. Petition of V Hugo Smith et.al. for grading Park and Market streets and building sidewalks on East side of said streets, from the N.E. boundary of Jackson street addition south to southern boundary of New Wilfred addition. Read and referred to street Committee. Communication from Amos Brown and others asking the Council to pass and ordinance to secure the construction of bulk-heads on both sides of Spring street from west side Front street west to alley. Read and referred to street Committee. Petition of T.H. Hackett for a quit claim deed from the City to petitioner for Lot 5 Blk 52 Dennys East to Dennys add'n Read and granted. Petition of Ed Terry and others for the extension of South Third street a distance of two blocks south of King Street. Read and referred to Street Committee. Petition of Jos. Campbell for permission to move a frame building from Lot 7 B. 20 C D Brown's] add. to Lot 3 B. 20 AA Dennys 3d addn. Read and Referred to street Committee. Petition of Lewin and Hannock for permission to tear down and remove certain frame buildings from Commercial street. Read and referred to Street Committee with power to act.