The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-06-27
Consolation Offered to Those
Who Have Paid.
AN OLD LOOPHOLE CLOSED UP.
Corporation Counsel Donworth Puts
Into Effect an Important Pro-
vision of the Charter.

or noncompliance with the charter pro-
VISIONS governing such assessments.
The provision of the charter is to be
found in section Z. article VIII, of the char
ter as amended at the election of March 8,
1892, and is as follows:
Ia all cases OF special assessment for local i'm
provemen,s of any kind against any prop
erty, persons or corporations whatsoever.
aud said assessments have failed to be
valid, in whole in part, because for
want of form, insuiiicieucy, iniormaity or
irregularity Noncompliance with the charter
provisions governing such assessment, the city
council shall be aud hereby authorized to re-
assess such special taxes or assessments and to
enforce their collection in accordance with the
provisions of laws ordinances existing at the
time the re assessment is made.
The man who has paid his grade taxes
will, therefore, be able to chuckle at the
folly of him who tried to evade payment,
and by paying attorneys to have the as
sessnents declared invalid, has given the
council the authority it needed In any
case of mi justice or wrong, the best remedy
is TO petition the council and not attempt
to throw heavy burden on the taxpayers
in order to save a few dollars of excess as
sessnent.
The first street to come under the opera
ton OF the new law Is South Twelfth street,
the assessment for which was declared by
the supreme court to be invalid. The city
council will now proceed to levy new
assessment in compliance with the pro-
visions of the charter.
Corporation Counsel Donworth has pre-
pared an ordinance covering the ground,
and the prospect is that the delinqueuts
who have been rejoicing over being able
to beat" the city will now have to pay as
most Others have paid.
The city council is, nevertheless, dis
posed to be lenient with those who have
suffered actual injustice by reason of sub
stantial damage to their property. The
ordinance is entitled:
An ordinance establishing local improve
ment district to include the property benefited
by the improvement of South Twelfth street,
which improvement has been made and COM
pleted under ordinance No LIB, entitled "An
ordinance providing for the grading of South
Twelfth street in the city of Seattle, from Yesler
avenue to Stacey street, aud the construction of
sidewalks on said South Twelfth street between
said points," approved June 81 1890, and pro-
viding for an assessment upon the property in
ciuded in said local improvement district to de-
fray the cost and expense of said improvement,
less the cost OF improvement of street crossings;
the former attempted assessment made by the
city having failed to be valid because of in
formality, irregularity and Noncompliance with
the charter provisions governing such assess
ment.
After relating in the preamble the his
tory of the first assessment for South
Twelfth street and its invalidation, the
ordinance reads:
SECTION l. For the purpose of providing
fund to defray the cost and expense of the i'm
provement of South Twelfth street. which was
ordered by ordinance No. lib, entitled San Or
dinance providing for the grading of South
Twelfth street. in the city OF Seattle, from Yes
Ter avenue to Stacey street, and the construc-
ton OF sidewalks on said South Twelfth street
between said points," approved June %, 1890,
which improvement has been fully performed
and completed, there is hereby established a
local improvement district, to be called "Local
Improvement District No. which district
is bounded and described with reference
to said South Twelfth street and the
termini of said improvement, as defined in
article VIII OF the city charter as amended
and now in force, and i'll ordinance No. 2,085,
approved April 20. 1892. and the property in
cluded within said local improvement district,
and none other, shall be deemed to be and shall
be the property benefited by such improvement.
Said assessment district shall be divided into
subdivisions as defined in said ordnance, No
$3.50, and the cost and expense of said improve
ment, except the amount of such cost incurred
in the improvement of street crossings (Which
shall be paid from the neral road fund of the
city, shall be betrayed by the collection of a
special assessment upon the property in said
local improvement district which asSe ,sment
shall be made on said property in all respects as
provided b. article VIII OF the city charter, as
amended and now in force and said ordinance
No. 2,os5, and shall be collectedas therein pro.
vided. The amount OF such cost which shall be so
assessed upon the property in said local i'm
provement district, is the sum OF twenty nine
thousand two hundred two aud $500 dollars
ts29,2o2-SS), and the remainder of the cost OF
said Improvement, to-wlt: the sum of three
thousand seventy-eight and l5-l00 dollars
Co.'s l5) shall be paid by said city from its gem
eral road fund rs herein provided. The mode
of making payment for said improvement shall
be the mode of immediate payment" as defined
in said article VIII of the city charter as amended
and now IN force. and said ordinance No BOSS
and an assessment roll shall be prepared and re-
ported to the city council and such notice there
OF gwen and such other proceedings had there
on as are prescribed for the mode of immediate
payment by said article VIII of the city
charter and said ordinance No. BOSS
except that the board of public works
shall report the said asses sment roll
not more than twenty days after the taking ef-
feet OF this ordinance. When said assessment
roll shall have been reported to the city council
the councit sha!t en- receipt OF such roll cause
notice thereof to be published. and take such
other proceedings for the completion of said as
sessmeut rs are pre-. crbed for the mode OF I'm
mediate payment by said article VIII of the CITY
charter as amended and now in force and said
ordinance No. 2.0S& All moneys raised hv said
assessment shall be paid into fund for said
district in the city treasury. 10 be called Local
Improvement fund. district No, OF Seattle
which fund is created 10 dcfray the expenses of
said Improvement heretofore incurred
And sad sum of three thousand
seventy eight AMI 1890 dollars ($3,07S l5} the
cost OF improvement OF said street crossings
shall be transferred from the general road fund
Of the city IL said local Improvement fund for
the purpose a oresaid
see = When said assessment roll shall be de
ljvcrsd TO the city treasurer he shall note
thereon, under each assessment. such sum ii
any, Is has bsen paid on said former attempted
assessment by owners OF property bencftet! bv
said improvement. That all sums 80 paid into
the city treasury under said former ATTEMPTED
assessment shall be or adi Ell and deducted from,
tie respective assessment, u be made under the
provisions o. this ordinance. I. the sums paid
by tie owner. or owners OF any 10; or parcel o.
land Included IN said local improvement dis
trlct shall exceed the amount assessed against
the respective OTIS or parcels under the provis-
ion, of this ordinance, the excess thereof shall
be refunded 20 the person entitled thereto by
the city treasurer