The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-10-20


50 express power Il given 10 cities 81 this
class for the purpose therein enumerated
and this power - sufficient rot only % au-
thoriz4 the adoption OF a plan. bir 10 au-
fnorsze any Improvement or extension
thereof But in order 10 ascertain what
method or course should be pursued ia
order 10 effect this object recourse must
- had 10 the statutes subsequently
passed
The first act upon this subject vas
passed March =, issl. entitled Al act au-
taorizinz cities and towns - construct
internal improvements and 20 issue bonds
10 pay therefor, and declaring an emer-
Eency,' Laws Of 1850. page So This act
authorized any incorporated city or town
10 construct or condemn and purchase.
or purchase or add 10 water works with
IN and without the city limits. The sec
Ond section OF this act provided tile course
TO be pursued whenever the councii should
deem IL advisable that the city should ex-
ercise the authority therein conferred,
and said section was amended BY the act
o. April ?. 1871. Laws OF 1901. page 32s.
which provided that whenever tie city
council should deem II advisable that the
city should exercise the authority con
ferred IN relation to water works the city
should provide therefor hy ordinance.
specifying and adopting the system or
plan and declaring the estimated cost
thereof. and submit the proposition to
the qualified electors OF the city for their
adoption or rejection.
In fsS another act was passed cover
Ing the whole subject matter. the first
section Of which was I'm all legal respects
the same as the act first passed, aud this
section also provided that any incorporat-
81 city within the state was authorized
to construct or condemn and purchase. or
purchase or add to and maintain water
for the purposes Of furnishing the city
and the inha bitants thereof with an am
pie supply OF water for all purposes. The
second section OF this act provides that
whenever the city council should deem il
advisable that the city should exercise the
power therein conferred In relation 10 Wa
ter works. sewerage or works for lighting
purposes. It should provide therefor ny
ordinance, specifying and adopting the
system or plan proposed and declaring the
estimated cost thereof and submit the
same for ratification or rejection 10 the
qualified voters OF the city n a special
election. and IL the city was to become
indebted by the issuance Of bonds a
thrce-fifths vote OF the qualified electors
OF the city was requisite 70 its adoption;
but IL IL desired only TO adopt the sys-
TEN or plan only majority vote was re-
quired. and when this system or plan
had been so assented 20 by the people the
city should be authorized and empowered
10 construct and acquire the internal inn
provements contemplated. and 10 create
the Indebtedness therefor.
Their Bearing on the Measure.
The bill submitted 10 me. as heretofore
stated. is one authorizing certain improv-
mehts and extensions of the water sys-
tenn Of the city OF Seattle. and providing
for the payment therefor and establishing
80 ed 10,
Is per eentum Of the gross revenues Of
the water works belonging 10 the city. The
first section Of the ordinance provides that
tho water works system OF the city of
Seattle be improved and extended by con
structing and adding thereto a supply sys-
tenn from Cedar river, by way of Swan
lake, to "A connection with the high and
low service distributing mains OF said city
water works. including the construction of
head works Oh Cedar river conduit TO
Swan lake. dam at outlet of Swan lake.
tunnel from Swan lake pressure conduit
20 city. low service reservoir. high service
reservoir and auxiliary high service tank
stand pipe In city park. together with all
necessary connected gates and other APP
purtenances Of a complete water system.
Said improvements and extensions TO the
water works system stall he 50 located
and OF ca opacity sufficient for conveying
not less than 5000. 90 gallons per day from
Cedar river into Swan lake and through
tho tunnel from Swan lake. The pressure
conduit from Swan lake shall be forty-two
inches. inside diameter, and arranged for
pruportioned or alternate discharges into
high and low service reservoirs Of the city.
All of sad improvements and extensions -
said water works system shall be made in
accordance with pans and specifications
prepared by the city engineer, and under
his supervision, subject 10 the approval
and acceptance Of the board Of public
works
Must BE Ratified by Majority.
at viii thus be seen by an examination
~ this section that it is an addition 10. Y
nothing more the present system OF water
works. and comes within the provision OF
section I OF the act % 1898. page L. laws
q 1893. which authorized the city to adj
and maintain water works within and
without the city. and this being the cas-.
that IS 70 say--!t being an addition TO the
city water works, and an extensive one at
that, II clearly appears 20 me that ths pro-
visions Of section Of said act must be
followed in order 10 remove any doubts
that might arise as 70 the legality Of said
addition II the proposition were not sub
mitted - the people and adopted by ma
tority vote. as provided IN said section =
You Will perceive by an examination rf
said section that II the city desires T.,
y
section II said act and desires 70 create au
Indebtedness ar issue bonds Il should be
ratified by "a three-ffths vote Of the quail
fled electors but n Il he onlv intended
% adopt Che plan proposed. majority vote
is sufficient
Now the only difference 81 opinion
which can arise IS as 20 whether II tho
plan has once been adopted. IL is necessary
% submit tire question OF improvements or
extensions or additions thereto. such rs
contemplated by this BILL. to tho Deoplo
for their ratification or rejection The sNs-
fem now in usc TN this citv has been a7op,-
81 I'm the manner pointed out la the Law.
and the system 's complete and the r~op7-
Sittou Of extending tho system % Cedar
river Is nothing II II is NOT an addition -
the present system. 7 assume from .he
statement before me that t = an addition
and consists IN adding the gravity SvSt.n,
- tae system now IN vogue F'9~ the ,,l~-
poses NJ this opinion I assume that r is
not change ~ the system. bat only avn
addition thereto, and hence does NOT come
within the provisions ut the at or fSa.
page Is. laws NJ lS9S. which is an act one
tttle5. An act providing a meth03 far MAX
ing changes in any adopted plan. System
or extension fer supplying water 20 Cifies
90 the ur>t class aud providing Tor on
emergency This act provides for q th~e--
hitas vote In order 10 authorize any such
change
The supreme court. in the case " Met
talte rs Seattle. : Wash So n speaking
~ the at of March ~. iSs0. which 3 sim
liar 'n ITS import 90 the act 81 IS93. above
quoted. says Clearly the intention vas
that whereas sHch works are likely 10 de-
m8ud large and unusual expenditures. IN.
wisdom cf which. TIA some cases. may i,o
doubtful. the people who would have 20
Furnish the means should hc fully appri~-
81 Of the whole scheme. and that there