990049_Page_3

GEORGE DONWORTH
CORPORATION COUNSEL
JAMES B. HOWE
ASSISTANT CORPORATION COUNSEL
CITY OF SEATTLE
LAW DEPARTMENT

Seattle Washinton, April 15th, 1893.

Hon. Board of Alderman,
Seattle.
Gentleman,
I have received from you a petition of L. B. Andrews, and
others, for a change of the plan of the improvement of Anna Street, and
also the protest of M. H. Young to the same with a request for an
opinion as to the power of the City Council on the premises.
In answer I will say that the petition in this case called for
an improvement with parking strips between the sidewalk and roadway.
The accompanying petition asking for a change of the of one block
so as to put the parking strip between the sidewalk and the property
line. This would be a material change in the plan and I think might
jeopardize the assessments unless consented to unanimously by the own-
ers of all the property in the assessment district. The accompanying
petition purports to be signed on behalf of the owners of all the prop-
erty in the district but several of the lots are owned by the es-
[?] whom no one has a right to sign a waiver.
I do not think therefore that it would be safe or right towards the
purchaser of the bonds to change the plan in the respect asked for.
The parties do not seem to ask for a change of the grade. I see
no objection to a change of the grade on any street being improved pro-
vided such change is slight and does not increase the cost of work.
The original petition which if the foundation of the City's right to
grade and assess does not name the grade elevations to which the
street is to be graded therefore there is no requirement on the part of
the City to adhere strictly to any particular elevation provided its