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346 JOURNAL OF THE PROCEEDINGS OF THE Aug 27/83 Thereupon the said report is adopted and Councilmen Day, Wusthoff and Clancy are hereby appointed a special Committee to assist the Street Commissioner in carrying out the recommendations of said report and the Attorney is hereby instructed to submit the necessary ordinance in accordance with said report. Ordered that the Council stand now adjourned until Friday September 7 1883 at 7 1/2 o'clock p.m. Attest: E.S. Osborne Clerk Approved H G Struve Mayor Sept 1/83 Be it remembered that on this the 1st day of September 1883 the Common Council of the City of Seattle meets in its Council Chamber pursuant to the call of His Honor the Mayor. The following Officers are present, towit: His Honor the Mayor H.G. Struve and Councilmen Thomas Clancy, B.F. Day, Charles McDonald, U.M. Rasin and Otto Ranke. Petitions Rec'd From E. Williams et al protesting against the grading of Ninth Street Between Spring and Seneca Streets. Referred to Street Committee. From Chui Guan for remitting the fine of $40.00 and costs collected for selling liquors without a license. Referred to Judiciary Committee. From V. Schmid et al asking for a change of grade on Ninth Street. Referred to Street Committee. From Cummings and Strong asking for an extension of time for 30 days in which to complete their contract for the improvement of Columbia Street. Referred to Street Committee. From Bailey Gatzert et al protesting against changing the grade on Ninth Street. Referred to Street Committee Communications Rec'd From His Honor the Mayor returning an ordinance entitled "An Ordinance to amend Ordinance No. 417 entitled "To amend Section 15 of Ordinance No. 383 entitled an Ordinance establishing certain grades in the City of Seattle. Approved Mayor 1883 Adopted

347 COMMON COUNCIL OF THE CITY OF SEATTLE Sept 1/83 July 6, 1883" to such approval, which objections read as follows, towit: Office of the Mayor of the City of Seattle August 31, 1883 To the Common Council of the City of Seattle Gentlemen: I herewith refrain without my approvalOrdianance to amend Ordinance No. 417 entitled "to amend Section 15 of Ordinance No. 383 establishing certain grades of the City of Seattle. The object of this Ordinance is to change the elevations of certain portions of the grade on Cherry Street. At the time of the passage of this Ordinance the City had let a contract" to grade Cherry Street according to plans and specifications on file." There is noporvision in the contract authorizing the change of said plans and specifications by the City without the [?] of the Contractors and their duties. Such a provision ought to [?] been made. At it is, the contractors have failed to give such [?] and furthermore propose to abandon their contract in view of the course contemplated by this Ordinance. The change furnishes then a [?] protect for such a course. Hence, while no other objection exist against the Ordinance. I deem it for the interest of the City to withhold such approval, so as to preserve the remedy against the Contractors and their sureties in case of a breach of the contract and to dispense said the necessity of accepting their magnanimous offer to [?] their claim for damages against the City in consideration of said [?] from the obligations of their contract. H.G. Struve Mayor" Thereupon the Council proceeds to consider said Ordinance. Ordered that such a consideration be laid over for Friday September 7 next. From His Honor the Mayor returning an Ordinance entitled "To provide for the payment to Mrs. Charles O. Boerner $50." without his approval and with his objection in writing to such approval, which objections read as follows, towit: Office of the Mayor of the City of Seattle August 29 1883 Common Council of the City of Seattle

348 JOURNAL OF THE PROCEEDINGS OF THE Sept 1/83 "Gentlemen:I regret that I cannot approve the Ordinance to provide for the payment of fifty-dollars to Mrs Chas O. Boerner. If the City had authority to perform meritoroius acts of charity, there could be no objections to the Ordinance. But in any view of the law and the powers of the City, no appropriation can be made except for corporate purpose and no claim ought to be paid the payment of which could not be enforced at law or in equity. When Mr Boerner paid his money into the City Treasury and received there for a license to transact business as a liquor dealer, the amount be paid became absolutely a part of the general city fund and the property of the city tax payers and subject to be diverted only for legitimate corporate purposes. Mr Boerner's death intervened before the expiration of the license and rendered the continuance of his business by his legal representatives impracticable or understable. This was an unfortunate business loss, such as falls to the lot of many people but furnished as ground for a just or legal claim against the City. The original payment was made voluntarily and for a lawful purpose and not under mistake of other law or fact and therefore cannot be recovered. Having this conception of the law, I return the ordinance for your reconsideration. 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 adoption Ranke. Against adoption Clancy, Day, McDonald and Rasin. From the Surveyor submitting the Plans and Specification for the following improvements, towit: Jackson Street, 12th to Market under Ordinance No. 442, South Fourth Street, Mill to Main under Ordinance No. 439 and Battery Street, Elliot Bay to City limits, under ordinance No. 441. Thereupon after dure examination said plans and specifications are approved. Ordered that the Clerk be and is hereby instructed to advertise for bids according to law and that said advertisement contain notice of the conditions towit: That the Council reserves the right at any time to make any changes in the plans and specifications as to it [?] proper and further [?] all bids.

Applications for License

349 COMMON COUNCIL OF THE CTY OF SEATTLE Sept 1/83 Ordered that license be issued as follows, towit: Bredeustein & Sherer for retail liquors for 3 months from Sept 1. D.A. Jennings wholesale 3 months Aug 26 John Bramien retail 3 months Aug 26 Committees Reports Rec'd From Street Committee recommending that an extension of time of 30 days be granted to Cummings and Strong for thee completion of their contract for the Improvement of Columbia Street provided the sureties on the bond for such improvement consent thereto in writing to be filed with the Clerk. Adopted. From Judiciary Committee rejecting the petition of Chui Guan for remitting fine paid. Report adopted and peition denied. Ordinances Rec'd The Attorney submits an ordinance entitled "To provide for the repair and improvement of a portion of Front Street." Thereupon after due consideration the same is adopted upon the following vote, towit: In favor of adoption Clancy, Day, McDonald, Rasin and Ranke. Against adoption none. The Attorney submits an ordinance entitled "To appropriate $300.00 to secure the use of the hook and ladder apparatus." Thereupon after due consideration the same is adopted upon the following vote, towit: In favor of adoption Clancy, Day, McDonald, Rasin and Ranke. Against adoption none. And now the Council requests the Mayor to return an Ordinance entitled "An ordinance to amend Ordinance No. 383 entitled "An ordinance to establish certain grades inthe City of Seattle.'" Thereupon the Mayor return the same unapproved. Ordered that the vote by which the Ordinance entitled "An ordinance to amend Ordinance No. 383 entitled "An Ordinance ro establish certain grades in the City of Seattle'" was adopted, which adoption is entered on page 343 of this Journal, be and the same is hereby reconsidered. Ordered that the said Ordinance be laid on the table. Miscellaneous A petition is received from Alfred Snyder et al for changing the grade at Madison Street between 9th and 11th Streets. Referred to Street Committee

350 JOURNAL OF THE PROCEEDINGS OF THE Sept 1/83 Ordered that the Committee on Public Buildings, Property and Grounds be and they are hereby instructed to procure the services of George Boardman to complete his contract for the painting of the City Hall on South 3rd Street. And now His Honor the Mayor announces that he will be absent from the City for a time from and after September 3 1883 and requests the Council to elect an Acting Mayor to serve during such absence. Thereupon the Council elect Councilman U.M. Rasin to the position of Acting Mayor to serve during such absence. Ordered that the Council stand now adjourned until Friday September 7, 1883 at 7 1/2 o'clock p.m. Attest: E.S. Osborne Clerk Approved U M Rasin Acting Mayor Sept 5/83 Be it remembered that on this the 5th day of September 1883 the Comon Council of the City of Seattle meets in its Council Chamber pursuant to the call of His Honor the Acting Mayor Councilman U.M. Rasin.

The following Officers are present, towit: His Honor the Acting Mayor Councilman U.M. Rasin and Councilmen Thomas Clancy, B. F. Day, Geo W. Harris, Charles McDonald, Otto Ranke and F.W. Wusthoff. Thereupon the following proceedings are had: Petitions Rec'd From Elizabeth Cranney et als for reduction in taxes for and on a/c of Eighth Street Improvement under Ordinance No. 338. Referred to Street Committee. From K.C. Ward et al vacating plat of Wilfred addition and to replat the same. Referred to Street Committee. Communications Rec'd From His Honor the Acting Mayor returning an ordinance entitled "To appropriate $300.00 to secure the use of Hook and Ladder apparatus" without his approval and with his objections in writing to such approval which objections are as follows to wit: which objections (?)