Abbott v. City of Spokane

Citations

• 75 Wash. 602
• 135 P. 483
• 1913 Wash. LEXIS 1756

Syllabus

<p>Municipal Corporations — Public Improvements — Assessments— Confirmation — Proceedings. An assessment roll may he confirmed hy resolution, under Rem. & Bal. Code, § 7532, providing that the city council shall confirm an assessment roll hy resolution or ordinance, in conformity with the charter of such city, and § 67 of Spokane city charter, providing that the council' shall' pass an order approving and confirming the’same.</p> <p>Same — Public Improvements — Contracts—Confirmation of Assessments. Where a city charter authorized the confirmation of an assessment roll hy resolution, and the ordinance authorizing the work provided that the assessment should be made in aecordancé with the provisions of the charter and ordinances, a contract referring in terms to such ordinance. and providing that it shall take effect upon confirmation of the assessment roll, does not contemplate that .the confirmation shall he by ordinance, as provided in another city ordinance to which no reference'was made in the contract, since the parties could have made such. ordinance a part of the contract hy reference if that was intended, or contracted for confirmation, by a particular method.,</p> <p>Municipal Corporations — Claims — Necessity — Damages from Breach of Contract. A charter provision requiring the presentation of all' claims for damages for' personal injuries or for injuries to property sustained by reason of alleged negligence or any act of the city or its .oificers, agents, or servants,, does not require a claim for damages by reason of breach of contract for a public improvement.</p>