990009

7 Correspondenve between Board of Public works and Seattle Consolidated Street Ry Co relating to repair of Albert and Howell from Eighth to Mercer Streets

B of A H of D No By Date Comm

Filed Dec 10, 1894 R F Stewart City Clerk By Levy Ell

A Jackson, Chairman Superintendent of Public Works G N Alexander, Superintendent Streets & Sewers J W Van Brocklin, Superintendent Bridges, Buildings, & Wharves The City of Seattle George F Meacham, Secretary Board of Public Works Seattle, Washington Dec 10, 1894

To the Honorable City Council Seattle Washington Gentlemen :Referring to a Communication from the Board of Aldermen, dated Nov 30, 1894, regarding the repair of Albert and Howell Streets from Eighth Street to Mercer Street, the Board of Public Works desires to say, that having obtained from the Corporation Counsel an opinion to the effect that the Railroad Company operating a street car line on those streets, could be required to make the necessary repairs, a notice was served by order of the Board, upon Seattle Consolidated Street Railway Company, to put the streets in a good condition for travel. The reply of the Consolidated Company to the notice is herewith submitted, also the opinion of the Corporation Counsel referred to. The Board respectfully awaits such instruction as the City Council may be plaesed to make in the matter yours very truly, George F Meacham Secretary

Office of M F Backus, Receiver Seattle Consolidated Street Railway Company 200 Pike Street P O Box No 56 Telephone 103 A Dunn, Auditor Referred by order of The Board of Public Works to The City Council George F Meacham secy Seattle Washington Dec 7, 1894 Received Dec 8 1894 Board of Public Works Seattle - Wash Board of Public Works, City Gentlemen :We beg leave to acknowledge of your favor of the 4th inst., and in reply, would say, that there is nothing in our franchise, nor anything in the way of justice that would require us to maintain a pavement throught Albert and Howell Streets. We think we are not required to pave our tracks or any streets unless the street is paved by the city, on the portion not covered by our track. We realize, however, that it is an absolute necessity for the traffic in that end of the town to have a paved roadway over those streets. We therefore make you the following proposition :You furnish us necessary plank delivered on the street, and we furnish all labor and other material, and keep the paving within our tracks on good repair. Or, we will do the work, furnishing all labor and material, provided the city will pay half the expense of same. We thing that this proposition should meet with your approval as it seems to us to be eminently fair. Attached herewith, for your convenience, plaese find your favor referred to. Encl. Yours Truly [illegible]

A Jackson, Chairman Superintendent of Public Works G N Alexander, Superintendent Streets & Sewers J W Van Brocklin, Superintendent Bridges, Buildings, & Wharves The City of Seattle George F Meacham, Secretary Board of Public Works Seattle, Washington Dec 4, 1894

To The Consolidated Street Railway Company Seattle Washington Gentlemen By order of the Board of Public Works you are hereby notified to at once repair and otherwise put in good condition for travel the space between the rails and between the tracks of the railway operated by you on Howell Street and on Albert Street in the City of Seattle. Very Respectfully George F Meacham Secretary

William T Scott Corporation Counsel Frank A Steele Assistant Corporation Counsel Melvin G Winstock City Attorney The City of Seattle Law Department Seattle, Washington Dec 3, 1894 to the Honorable of Public Works City of Seattle Gentlemen:Answering the communication of the Secretary of date December 1st, 1894, in relation to the duty of the street railway company to keep the street in repair on Howell and Albert Streets, I have to say, that the ordinance granting the franchise to the Seattle Electric Railway & Power Company provides that in the construction of the railway the company shall leave the streets in as good condition for travel as the same were before the construction of the road. It also provides that the railway company shall keep its road in good condition and repair. In my judgement this means that the space between the tracks and the rails shall be kept in such a condition that the street can be used; and whatever improvements may be necessary to put the street in good condition for travel should be made by the railway comany so tht the streets may be in as good condition for use as they were before the construction of the road. I would recommend that a notice be served upon the railway Company to place the street in good condition for travel where it is out of repair before any action is taken by your honorable body towards