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334 JOURNAL OF THE PROCEEDINGS OF THE Aug 17/83

to the Legislature of the Territory for adoption. Thereupon the Mayor appoints Councilmen Rasin, McDonald + Day as such Committee

Ordered that the Council stand now adjourned until Monday August 20. 1883 at 8 o'clock P.M.

Attest: E. J. Osborne, Clerk Approved: H. G. Struve, Mayor

Aug 20/83 Be it remembered that on this the 20th day of August 1883, 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 Thomas Clancy, B. F. Day, Geo. W. Harris, Charles McDonald, Otto Ranke, U. M. Rasin and F. W. Wusthoff.

Thereupon the following proceedings are had:

Petitions Rec'd From Cummings and Strong asking to be released from their Contract for the Improvement of James Street under Ordinance No. 387. Referred to Street Comtee

From L. Reinig et al for changing grade on Madison Street between 5th and 6th Streets. Referred to Street Comtee.

From Seattle Hook + Ladder Co. No. 1 for an appropriation of $300.00 to apply towards payment of debts against their apparatus. Referred to Fire Comtee.

From S. S. Bailey et al for the appointment of Frank Dean as Night Policeman. Referred to Comtee on Police

From John Spencer for the consideration of his bid for gas work. Referred to Gas Comtee.

From Charles S. Roe for the right to erect poles + stretch wires for electric light + submitting an Ordinance therefore. Referred to Gas Comtee.

Communications Rec'd From His Honor the Mayor recommending the Compilation of the Ordinances of the City of Seattle. Adopted and Attorney instructed to

335 COMMON COUNCIL OF THE CITY OF SEATTLE Aug 20/83

submit an Ordinance therefor.

From His Honor the Mayor returning an Ordinance entitled "To provide for changing grade on Fourth Street" without his approval and with his objections in writing to such approval, which objection read as follows, towit:

Office of the Mayor of the City of Seattle Aug. 20. 1883 To the Common Council of the City of Seattle Gentlemen - I return without my approval Ordinance No. to provide for changing the grade of Fourth Street passed by your body August 17.1883. My objections go to the form and not to the substance of the Ordinance. Ordinance No. 383 establishes certain grades in the City of Seattle. The object of the proposed Ordinance is to amend the Section of Ordinance No. 383 by changing the grade as fixed by that Section. Section 79 of the City Charter provides that no Ordinance or Section thereof shall be revised or amended, unless the new Ordinance contain the entire Ordinance or Section reviewed; and the Ordinance or Section so amended shall be repealed. It is obvious that this requirement in the Charter has been disregarded.

Another objection is the proviso that this Ordinance shall "be in force at and after the passage of the same. It being an Ordinance of a general and permanent nature, it is required by Section 80 of the Charter to be published and that it shall take effect and be in force at the expiration of five days after it has been published.

When these defects are supplied by a new Ordinance, I see no reason why the same should not be approved.

H. G. Struve Mayor

And now the Council proceeds to reconsider said Ordinance. After due consideration said Ordinance is rejected upon the following Vote, towit: In favor of the adoption of said Ordinance none. Against adoption Clancy, Day, Harris, McDonald, Rasin, Ranke + Wusthoff

Ordered that the Judiciary and Legislative Comtee be + they are hereby instructed to submit a proper Ordinance on the subject matter of the said repealed Ordinance.

From His Honor the Mayor returning an Ordinance entitled "To provide for construction of sidewalks on Spring Street without his

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approval and with his objections in writing to such approval, which objections read as follows, towit:

Office of the Mayor of the City of Seattle August 20.1883 To the Common Council of the City of Seattle Gentlemen: I return with my Veto Ordinance No. To provide for construction of Sidewalks on Spring Street. My first objection is that it fixes no defininte time for the completion of the work. This ought to be done in all cases.

My second objection is that it departs from the provision of the general Ordinance relating to improvements of a similar character, and in effect amends the mode of procedure prescribed thereby. Section One of Ordinance No. 318 provides that within 20 days after the passage of any Ordinance for construction of any Sidewalks in any Street the City Surveyor shall prepare and submit to the Council all necessary plans and specifications and estimates for such improvements and that such plans, specifications and estimates when approved by said Council shall be filed with the City Clerk. The proposed Ordinance seems to dispense with the necessity of an approval by the Council of the plans etc and does not provide for specifications and estimates. It has been customary to have sidewalks constructed under the Supervision of and subject to the approval of the Street Commissioner who is a salaried officer and whose services are rendered at less cost to the City

H. G. Struve, Mayor

And now the Council proceeds to reconsider said Ordinance. After due consideration said Ordinance is rejected upon the following Vote, towit: In favor of the adoption of said Ordinance none. Against adoption Clancy, Day, Harris, McDonald, Rasin, Ranke + Wusthoff

Ordered that the Judiciary and Legislative Comtee be + they are hereby instructed to submit a proper Ordinance on the subject matter of the repealed Ordinance.

From His Honor the Mayor returning an Ordinance entitled "To provide for the appointment of two additional night Policemen" without his approval and with his objections in writing to such approval, which objections read as follows, towit:

Office of the Mayor of the City of Seattle

337 COMMON COUNCIL OF THE CITY OF SEATTLE Aug 20/83

Aug. 20.1883 To the Common Council of the City of Seattle, Gentlemen: I return without my approval Ordinance No. to provide for the appointment of two addtional policemen. The Ordinance by its terms is made to take effect from and after its passage.

The establishment of a police force being one of the powers required to be exercised by Ordinance and this Ordinance being general and permanent in its nature, it must be published and can only go into effect at the expiration of five days after it has been published.

Hence I think that the Ordinance ought to be amended in this respect.

H. G. Struve, Mayor

And now the Council proceeds to reconsider said Ordinance. After due consideration said Ordinance is rejected upon the following Vote towit: In favor of the adoption of said Ordinance none. Against adoption Clancy, Day, Harris, McDonald, Rasin, Ranke + Wusthoff.

Ordered that the Judiciary and Legislative Comtee be + they are hereby instructed to submit a proper Ordinance on the subject matter of this Ordinance.

Committees Reports Rec'd

From Special Comtee on Columbia St Engine House on the matter of certain proposed changes in said building.

Ordered that the matters of changes in Plans + Specifications for the Columbia St Engine House be + they are hereby referred to the Special Comtee on said Engine House, they to submit the same to an arbitration

From Health + Police reporting back without recommendation the petition of Chas Naher et al for the appointment of Thos. H. Bates as a Detective. Report ordered filed + consideration of petition indefinitely postponed.

From Health + Police recommending the appointment of James Murphy as Special Policeman for Bijou Theater building

Adopted + Attorney instructed to submit a proper Ordinance therefor

From Finance approving Clerks Statement of the Cost of Improvement of South 2d Street under Ordinance 369. Adopted

Ordered that the cost of assessment in order to provide funds to pay for the Improvement of South 2d Street under Ordinance No. 369 be + the same

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is hereby fixed at the sum of 30 4/10 mills on the Dollar.

From Finance Comtee approving the Assessment Roll for the Improvement of South 3rd Street under Ordinance No. 399. Adopted + said assessment Roll declared to be the Assessment Roll for said Improvement

From Street Comtee recommending the granting of the petition of Fridolin Wilhelm et al for the grading of South 4th Street from Mill to Main Street. Adopted + Attorney is hereby instructed to submit an Ordinance therefor.

From Street Comtee recommending the granting of the petition of John P. Jones for the removal of obstructions in Block 37 of Dennys addition. Adopted + Chief of Police is hereby instructed to proceed to remove said obstruction.

From Street Comtee recommending the adoption of an Ordinance establishing the grade lines on Jackson Street, 12th to Market in accordance with the profile therefor now submitted by the Surveyor. Adopted + Attorney is hereby instructed to submit a proper Ordinance

From Street Comtee recommending that the grade lines on Madison Street between 5th + 6th Streets be changed as asked for by L. Reinig et al + as shown by the profile of the Surveyor provides the Contractors on Said Street Improvement + their Bondsmen consent thereto. Adopted + Attorney instructed to submit an Ordinance therefor provided however that said Contractors for Madison Street Improvement + their Bondsmen file in the Clerk's office their written consent to such changes before such ordinance is submitted for adoption

Ordered that the Street Comtee be + they are hereby granted further time in which to report upon the petition of John Glen for certain changes in the gradelines corner Pine + 11th Streets

Ordered that the matter of certain Improvements fronting Capt Gilmores property on Front Street be laid over until next meeting

From Gas Comtee recommending the awarding of the Contract for gas Work to Seattle Gas Light Co. Adopted

From Licenses + Revenue recommending the refunding to Mrs Chas O. Boener of $50.00 of license paid by Chas. O. Boener. Adopted + Attorney instructed to submit an Ordinance therefor.