USA > Washington > Benton County > History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I > Part 48
USA > Washington > Kittitas County > History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I > Part 48
USA > Washington > Yakima County > History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I > Part 48
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SEC. 2. The inhabitants within the city of North Yakima are hereby con- stituted and declared to be a municipal corporation by the name and style of the "City of North Yakima," and by that name shall have perpetual succession, and may sue or be sued, plead or be impleaded in all courts of justice, contract and be contracted with, and have and use a common seal and alter the same at pleasure.
CHAPTER II
POWERS OF THE CORPORATION
SEC. 3. The city of North Yakima has power to assess, levy and collect taxes for general municipal purposes, not to exceed one-half per centum upon all property, both real and personal within the city, which is by the law taxable for territorial and county purposes, and to levy and collect special taxes as hereinafter provided, but all taxes for general and special municipal purposes shall not exceed in any one year one per centum on the property assessed : Provided, however, That the above limitations shall not apply to local assess- ments in assessment districts.
SEC. 4. The city of North Yakima shall have power to make regulations for prevention of accidents by fire ; to organize and establish fire departments and shall have control thereof, and ordain rules for government of same; to provide fire engines and other apparatus and a sufficient supply of water, and to levy and collect special taxes for these purposes, not to exceed in any year three-tenths of one per centum upon the taxable property within the city, and on petition of the owners of one-half of the ground included within any pre- scribed limits within the city, to prohibit the erection within such limits of any building, or any addition to any building, unless the outer walls thereof be made
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of brick and mortar and iron, or stone and mortar, and to provide for the re- moval of any building, or any addition erected contrary to such prohibition.
SEC. 5. The city of North Yakima may regulate and provide as to the manner in which all lands and additions to the city shall be subdivided into lots, blocks, streets and alleys and the width, distance apart and direction of each street and alley and the manner in which a plat shall be made thereof, and where filed and the kind of monuments in all parts of the city, and place and manner of erection and maintenance thereof, to prevent mistakes and confusion of boundaries, and may cause an official map of said city to be made and kept for public inspection, which plat, certified by the city surveyor, shall be prima facie evidence that the lines as they thereon appear are correct, and all surveys made by the city surveyor whatever at the instance and expense of the city or private parties, shall be official surveys, and a minute thereof shall be kept by the city surveyor as a part of his official record, and shall be prima facie evi- dence of their own correctness, and the city has power to enforce this by ordi- nance and to compel the establishment and maintenance of such monument, and to fine or imprison, or both, for a violation thereof, and when the boundary or existence of any public street, alley, easement or square is in doubt and the land claimed by a private party, the city may file a bill in equity to determine the right thereto.
SEC. 6. The city of North Yakima has power to purchase or condemn and enter upon and take any lands within or without its territorial limits for public squares, streets, parks, commons, cemeteries, hospital grounds, or to be used for work-houses or houses of correction, or any other proper and legiti- mate municipal purpose, and to inclose, ornament and improve the same, and to erect necessary public buildings thereon, and for these purposes may levy and collect special taxes, not exceeding one-fifth of one per cent. in any one year. The city shall have entire control of such buildings, and ali lands purchased or condemned under the provisions of this section, and of all streets, highways, squares, and other public grounds within its limits, established or appropriated to public use by authority of law, or which have been or inay hereafter be dedi- cated to public use by any person or persons, and has power to regulate and improve the same, and in case such lands are deemed unsuitable or insufficient for the purposes intended, to dispose of and convey the same ; and conveyances of such property, executed in the manner that may be prescribed by ordinance, shall be held to extinguish all rights and claims of said city or the public exist- ing prior to such conveyance, but when such lands are so disposed of and conveyed, enough thereof shall be reserved for streets to accommodate adjoin- ing property owners.
SEC. 7. The city of North Yakima has power to provide for the lighting of the streets and furnishing the city with lights, and for the erection or con- struction of such works as may be necessary and convenient therefor, and has power to levy and collect for these objects a special tax, not exceeding one-fifth of one per centum per annum, upon the taxable property within the limits of the city, for the benefit of such lights.
Sc. 8. The city of North Yakima shall have power to provide for clear- ing, opening, vacating, graveling, improving and repairing of streets, highways
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and alleys, to gutter the same and to construct and repair sidewalks and build bridges, and for the prevention and removal of all obstruction therefrom, or from any cross or sidewalks, also to regulate cellarways, and cellar lights, or sidewalks within the city, and to provide for clearing the streets, and establish- ing the grade thereof ; also for constructing sewers and cleaning and repairing the same, and have power to assess, levy and collect each year a road poll tax of not less than 'two nor more than six dollars on every male inhabitant of the city between the ages of twenty-one and fifty years, except actual and exempt members of the fire department, and persons that are a public charge, also a special tax on property of not less than two, nor more than six mills on every dollar's worth of property within the city, which taxes shall be expended for the purposes specified in this section, and there shall not be levied or collected by the county of Yakima or the officers thereof, any road tax or road poll tax upon the property or inhabitants within said city.
SEC. 9. The city of North Yakima shall have power to cause any person to keep his property or the property he occupies or controls, and the adjacent streets and alleys, clean and free from anything dangerous to health, or offen- sive to the sense, or dangerous to travelers, and to keep said streets and alleys free from inflammable material, and to cause owners of public halls and other buildings to provide suitable means of exit, to abate all nuisances and provide for the public safety.
SEC. 10. The city of North Yakima is hereby authorized to grant the right to use the streets of said city for the purposes of laying gas and other pipes intended to furnish the inhabitants of said city with light or water to any person or association of persons for a term not exceeding twenty-five years, and to authorize or forbid the location and laying down of tracks for railways and street railways, telegraph or telephone appliances on all streets, alleys and public places, but no railway track can thus be located and laid down until after the injury to streets, alleys and to property abutting upon the street, alley or public place upon which such track is proposed to be located and laid down, has been ascertained and compensated in the manner provided for compensatior of injuries arising from re-grade of streets in section 99 of this act.
SEC. 11. The city of North Yakima shall have power to erect and man tain water-works within or without the city limits or to authorize the erection of the same for the purpose of furnishing the city or the inhabitants thereof with a sufficient supply of water, and for the purpose of maintaining and pro- tecting the same from injury and the water from pollution its jurisdiction shall extend over the territory occupied by such works and all reservoirs, streams, springs, trenches, pipes and drains used in and necessary for the construction, maintenance and operation of the same, and over the stream or source from which the water is taken for five miles above the point from which it is taken, and to enact all ordinances and regulations necessary to carry the power herein conferred into effect, but no water-works shall be erected by the city until a majority of the voters, who shall be those only who are freeholders in the city or pay a property tax therein on not less than five hundred dollars' worth of property, shall at a general or special election vote for the same. Such proposi- tion shall be formulated and submitted not less than thirty days before election.
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SEC. 12. Said city is hereby authorized and empowered to condemn and appropriate so much private property as shall be necessary for the construction and operation of such water-works, and shall have power to purchase or con- demn water-works already erected or which may be erected, and may mort- gage or hypothecate the same to secure to the persons from whom the same may be purchased the payment of the purchase price thereof. Said city shall have power to regulate and sell the water thus brought threin and the moneys arising therefrom shall constitute a fund, to be used to defray the expenses of operating the same and to pay the purchase price thereof, and said city may levy and collect a special tax each year until the necessity therefor ceases to exist, not to exceed two-tenths of one per centum: Provided, however, No such tax shall be levied or collected until the question has been submitted, as provided in section eleven (11) of this act to electors as therein named and a majority thereof at any annual or special election shall favor the same.
SEC. 13. The city of North Yakima shall have power to provide for, and by ordinance adopt, such a system of sewerage as may be needed, but no moneys shall be expended for pipes, mains or laterals, to be used therefor, until the system proposed, and the cost thereof, has been ascertained and submitted for ratification or rejection to the qualified electors, as prescribed in section eleven of this act at an annual or special election, and the expenditure therefor be authorized by a majority of such voters: Provided, That this section shall not prohibit construction of sewers under chapter ten of this act.
SEC. 14. The city of North Yakima shall have the power to make regula- tions, to prevent the introduction and spread of contagious diseases in the city ; to remove persons affected with such or other diseases therefrom to suitable hospitals provided by the city for that purpose, and to provide for their support during their sickness only, and provide that solvent persons and their estates shall pay for the expenses of keeping them in such hospital: Provided, however, That persons shall not be removed from their own home without their consent, but the city may quarantine any house wherein a contagious disease exists, or the whole city.
SEC. 15. The city of North Yakima shall have power to make regulations and pass ordinances preventing domestic and other animals from running at large within the city limits, and restrain, impound and forfeit such animals, and may sell the same when forfeited, and apply the proceeds as it deems expedient, and in the case of dogs may cause them to be destroyed or sold when they are found running at large without license, and also may impose a license tax on dogs within the city.
SEC. 16. The city of North Yakima shall have power to regulate, license and tax all carts, drays, wagons, carriages, coaches and omnibuses and other vehicles kept for hire, and to fix the rates thereof, to license, tax and regulate or prohibit the auctioneers, hawkers, peddlers, and pawnbrokers; to license, tax, regulate, prohibit and restrain drinking saloons and places where beer and other beverages are sold or disposed of in less quantities than one gallon. No license for the sale of liquors shall be issued for a less license than provided
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by the general laws of the territory: Provided, however, That no license shall be required of apothecaries or druggists for the sale of wine, spirits, or malt liquors for medical purposes only, when prescribed by regular practicing physi- cians; to license, tax, or prohibit and regulate wash-houses, slaughter-houses, and abattoirs: Provided, That no tax shall be imposed, or license required for sale inside of said city of any of the natural products of the country, when sold by the producer, nor shall any regulation be adopted contravening any existing law of the territory.
SEC. 17. The city of North Yakima has power to establish and maintain a day and night police, which shall consist of the marshal and his deputies, and to regulate their number, pay and duties.
SEC. 18. The city of North Yakima shall have power to prohibit, regulate or restrain houses of ill-fame, or gambling houses and to authorize the destruc- tion of gaming devices, opium and opium smoking devices, to prohibit and restrain and abate disorderly houses; to regulate the transportation and keeping of gunpowder and other combustibles, and to provide for magazines for the keeping thereof, and license and tax such keeping and punish any violation of such regulation by fine, imprisonment or forfeiture of the gunpowder or com- bustible kept or transported contrary to such regulations; to regulate the speed and manner in which animals or vehicles of all kinds, including locomotives or cars, shall be driven or allowed to run through the streets of the city ; to prevent riots, assaults, assaults and batteries or affrays, noisy or disorderly assemblies within said city, and to prevent the maintenance of anything which is annoying, offensive or unhealthy, whatever its nature, and to prevent all other acts which are misdemeanors at common law or by the statutes of Washington Territory, and may punish violations of the provisions of this section as provided in section twenty-one.
SEC. 19. The city of North Yakima shall have power to regulate the burial of the dead, and to prevent any interments within the limits of the city, and cause any body interred contrary to such prohibition to be taken up and buried without the limits of the city, and have full jurisdiction over all cemeteries belonging to the city, whether within or without the city limits, and of the walks and ways leading from the city to such cemeteries, and power to regulate, improve and protect the same in all respects, and to punish, by fine and impris- onment, as provided in section twenty-one (21), any violation of ordinances in respect to the same.
SEC. 20. The city of North Yakima shall have power to establish and regulate markets; to provide for the measuring or weighing of hay, coal, wood or other articles.
SEC. 21. The city of North Yakima shall have power to adopt proper ordinances for the government of the city, and to carry into effect the powers given by this act, and to provide for the punishment of a violation of any ordi- nance of the city by a fine, not exceeding three hundred dollars and costs, or by imprisonment not exceeding thirty (30) days, or by both such fine and impris- onment, and in case of default of the payment of such fine and costs, shall have power to imprison not to execed one day for every two dollars, and such fine
WIYT
PAITTS GLASS SACZ W3
NORTHI FIRST STREET, YAKIMA, IN 1885 Trees planted by Col. H. D. Coek
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and costs may also be collected by execution against the property of the defend- ant, and when so collected shall be credited on the judgment, and any person, while imprisoned as aforesaid, shall be compelled to work during the time he is so imprisoned, at such hard labor as the marshal shall direct.
SEC. 22. The city of North Yakima shall have power to establish and reg- ulate the fees and compensation of all its officers except when otherwise pro- vided, and have such other powers and privileges, not here specifically enumer- ated, as are incident to municipal corporations.
SEC. 23. The city of North Yakima shall have power to acquire by pur- chase or otherwise water-ditches for irrigation, domestic or other purposes, and may acquire title to all ditches now constructed within the corporate limits of said city, and the same when so acquired are to be held forever by said city for the inhabitants of said city for their use for such purposes, said city to reg- ulate and control the use thereof and said city may acquire by purchase or otherwise a sufficient quantity of water and convey the same in said ditches for any or all of such purposes.
SEC. 24. The city of North Yakima shall have power to make, erect and construct through its streets, alleys or highways, or through any of its public parks or grounds, water-ditches for irrigation and for domestic or other purposes. and shall have full control thereof, and said city may take, appropriate and use water for any or all such purposes and conduct the same through any ditches by it constructed, and may make such regulations by ordinance for the control of such ditches and the water therein and the use thereof by the inhabitants of said city as may be deemed proper.
SEC. 25. The city of North Yakima shall have power to cause to be planted upon the streets or public grounds of said city, shade or ornamental trees and to protect the same, and to impose by ordinance fines for destruction or injury thereof : Provided, Said city shall not expend more than five hundred dollars ($500) for such purpose in any one year: And further provided, That the city council may by vote as upon an ordinance cause such expenditure to be made ; all sums so expended to come from the general fund of the city.
SEC. 26. The city of North Yakima shall have power to regulate the man- ner of planting of trees upon the streets and have full control thereof, and may regulate planting of trees, the places and the kind of trees planted upon its streets, and may protect and control all trees now or hereafter planted upon its streets within its corporate limits, and for such purpose may pass ordinances providing for fine or imprisonment in amount as in section 21 of this act.
CHAPTER III GOVERNMENT
SEC. 27. The powers and authority hereby given to the city of North Yakima by this act, shall be vested in a mayor and council, together with such other officers as are in this act mentioned, or may be created under its authority.
SEC. 28. The council shall consist of seven (7) members. They shall be elected for one year, and shall hold their offices until their successors are elected and qualified.
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SEC. 29. The mayor shall be elected for one year and shall hold office until his successor is elected and qualified.
SEC. 30. There shall be elected as hereinafter specified a justice of the peace, marshal, clerk, attorney, treasurer, street commissioner, sexton and such other officers as may become necessary for the due execution of the powers herein conferred. The officers enumerated in this section shall be elected by the council annually, at a meeting to be designated by them after the qualification of the members of the council. Such election shall be by ballot. The justice of the peace so selected shall be one of the justices of the peace duly elected under the laws of Washington Territory, in and for the precinct in which said city is located, and while acting in city matters may hold his office for that pur- pose anywhere within the city. Such justice of the peace shall have jurisdiction over all crimes defined by any ordinance of the city and of all other actions brought to enforce or recover any penalty, forfeiture declared or given by any such ordinance, and full power and authority to hear and determine all causes, civil or criminal, arising under such ordinance and to pronounce judgment in accordance therewith. All civil or criminal proceedings before such justice of the peace under and by authority of this act, shall be governed and regulated by the general laws of this territory relating to justices of the peace, and to their practice and jurisdiction, and shall be subject to review in the district court of the proper district by certiorari or appeal the same as in other cases. All officers elected by the council are subject to removal by that body at any time for cause deemed by them sufficient. The council may appoint any time a per- son to fill any one of the above named offices whenever the incumbent thereof is temporarly absent or sick or unable for any cause to act. Such appointment shall, however, cease whenever the disability is removed and in case the term of office of the city justice shall expire under territorial law, the council may at any time fill the vacancy. The salary of none of such officers shall be increased or diminished during the term for which they were elected or appointed.
CHAPTER IV ELECTION
SEC. 31. There shall be a general election for mayor, and members of the council on the second Monday of May of every year, and until the first general election the following officers are hereby appointed to serve until their suc- cessors are elected and qualified, and with power to appoint temporarily all other necessary officers authorized by this act, to wit: Mayor, Edward Whitson; Councilmen, T. J. V. Clark, J. W. Shull, T. J. Redfield, David Guilland, A. B. Weed, O. Hinman and S. J. Lowe; and said mayor and councilmen may, upon ten days' notice by the mayor, hold their first meeting to organize said city gov- ernment as provided herein.
CHAPTER VII
THE MAYOR-HIS POWERS AND DUTIES
SEC. 54. The mayor is the chief executive officer of the corporation; and shall have power to communicate with the council at any time concerning the
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condition and state of affairs of the corporation, and recommend such measures as he may deem expedient and proper ; has the power of veto and the power to pardon or commute any sentence for the violation of any ordinance. The mayor shall sign all warrants ordered drawn on the city treasury.
SEC. 55. The mayor shall approve all bonds or undertakings, official or those which may be required by ordinance, or by any contract entered into by the corporation with private individuals. He shall report the same to the council at the next regular meeting thereof, and if disapproved by that body the same shall be void.
SEC. 56. He shall perform such other duties and exercise such other authority as may be prescribed by this act, any city ordinance or any law of the United States or of this territory.
SEC. 57. Any ordinance which shall have passed the council shall, before it becomes a law, be presented to the mayor for his approval. If he approves, he shall sign it; if not, he shall at the next regular meeting return it with his objections in writing to the council, who shall cause the same to be entered in the journal, and shall proceed to reconsider the same; if after such reconsidera- tion five-sevenths of the members of the council shall agree to pass the same, it shall become the law.
SEC. 58. During any temporary absence of the mayor from the city, or if he be unable for any reason to act, the council shall elect one of their own mem- bers, who shall be the acting mayor and perform all the duties of such office, during such temporary absence or inability.
CHAPTER IX ORDINANCES
SEC. 75. The style of every ordinance shall be "The City of North Yakima does ordain as follows." No ordinance shall contain more than one subject, which shall be clearly expressed in the title, and when only a section of an ordinance is repealed, the repealing ordinance shall specify particularly what section is to be repealed by repealing it, but when the whole ordinance is to be repealed, it shall be sufficient to name it by title and number.
SEC. 76. All ordinances shall, as soon as may be after their passage, be recorded in a book kept for that purpose, and be authenticated by the signature of the presiding officer and the clerk, and all those of a general or permanent character, and those imposing any fine, penalty or forfeiture, shall be published in a newspaper doing the city printing, and it shall be a sufficient defense to any suit or prosecution of such fine, penalty or forfeiture, to show that such publica- tion was not made, and no such ordinance shall take effect and be in force until the expiration of five days after it has been published.
SEC. 77. All the courts of the Territory of Washington, holding terms in said city shall take judicial knowledge of the ordinances of said city, and after an ordinance has been passed six days, courts shall presume that the same has been duly published five days, unless the contrary be affirmatively established.
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