Allen v. City of Bellingham

Citations

• 77 Wash. 469
• 137 P. 1016
• 1914 Wash. LEXIS 927

Syllabus

<p>Municipal Corporations — Improvements — Proceedings — Resolutions — Sufficiency. A resolution for a sewer improvement, stating an intention to improve a certain portion of a designated street by tbe construction of a trunk sewer outlet at an estimated specified cost, that the cost is to be assessed against tbe property which can be conveniently drained into tbe sewer and included in an assessment district thereafter to be established, and tbe time and place for making protests, substantially complies with a charter provision requiring tbe resolution to state tbe nature of tbe improvement, tbe estimated costs, tbe portion of tbe cost to be borne by benefited property, and tbe time and place for presenting protests.</p> <p>Same — Resolution—Objections—Jurisdiction. Where an opportunity is given to present objections to an assessment roll, tbe failure of tbe initiatory resolution to meet all tbe requirements of tbe law, if tbe same might have been dispensed with by tbe legislature, does not defeat tbe jurisdiction of tbe council to levy tbe assessment.</p> <p>Same — Reassessment — Bar — Judgment Avoiding Original Assessment. A judgment declaring an assessment roll void, is not res judicata of tbe right to make a reassessment, so as to bar a reassessment, which is expressly authorized by 3 Rem. & Bal. Code, § 7892-21.</p> <p>Same — Assessment—Rejection — Effect — Power to Reassess. Tbe making of a reassessment roll, which was rejected by resolution and a new roll directed, does not exhaust tbe power of tbe council to proceed under tbe reassessment ordinance; tbe power not being exhausted until a roll bad been prepared and confirmed or tbe ordinance repealed.</p>