The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1903-03-18
They REFUSE TO PAY
AND ASSIGN REASONS.
Property Owners in Local Improve
ment District No. 50" Will Have
to be Shown.

Through Attorney II. J. Snively the
property owners owning lots contiguous
to the Second street grading recently
supposed 20 have been finished accord
ing to plans and specifications by Con-
tractor Mckivor have assigned the fol-
lowing reasons protesting against assess
ments:
l. No legal ordinance or legal reso-
luton was ever passed by the city
council of North Yakima declaring its
intention to make such improvements
and stating in such resolution or ord-
nance the name of the street to be i'm
proved, the point between which said
improvements are to be made and the
estimate of the cost of the same and the
cost to be assessed against the property
abutting said improvements and fixing
time not less than ten days in which
protests against such proposed improve
ments could be filed in the office of the
city clerk.
2. If it should transpire contrary to
the belief of the protestants, that such
ordinance or resolution was actually
passed, then the same was not published
by the official newspaper of the city in
two consecutive issues before the time
fixed in such resolution for filing such
protest.
The ordinance attempting to establish
| y, Il, At~,a .l~.e 4 ]
numbered 43l was not legally enacted
for the following reasons First, its
title was insufficient; second, it was not
passed by legal quorum of the council
voting and recorded as required by law;
third, it was not published by order of
the city council as required by law
4. The improvement attempted to be
authorized and the work attempted to
be authorized by said ordinance to be
done Hereunder has never been per-
formed, but under the pretended author
ity of said ordinance other work has
been done, instead of the work author
lied by said ordinance and by the bids
alleged to have been received there
under, which is totally different from
nance ard the proceedings hereunder
up to and including the awarding of
bids for said work, and the said work as
now performed, if it has been performed,
that is purported to have been done
under said ordinance, is of no value or
benefit to the streets or the lots adjoin-
ing said street included within said
district.
6. That said assessment is not based
upon the value of the lots purporting to
have received benefit therefrom.
:. That said improvements are not
based upon the benefits to be derived
from said improvements to such lot or
lots, but said assessment is based upon
the number of lineal feet fronting said
improvement, regardless OF the value of
the lots and regardless of the benefit to
the lots.
s. That said assessment does not
charge to the city the cross streets with
/ III SdIu dSscSslIlCul ulslIlNl, lIldl loi edCll
of these reasons said assessment is illegal
and void and the work done Hereunder
is not and never can be valid lien
against the lots of the undersigned pro-
| testants:
John Cort, W. 4. Munroe, q. w.
Cary, Louisa ii. Cary, Yakima Abstract
and Title Co., Garrett Bros, Allen b.
Sweeney, Barton w. Pickett, f. X. Cur
rent, keene Guarantee Savings Bank,
May Harrison, III. b. Scudder, d. f.
Lesh, II. A. Marble, J. X. Lewis, Frank
Ii. Hiscock, Alexander Miller, Walter
j. Reed, J. f. Aumiller, Minnie l. Glenn
mer, c. p. Wilcox, Annie NJ. Wilcox,
Adeline f. Messenger, George Dorfell,
Dan Holden, Barbara Reed.