Broad v. City of Moscow

Citations

• 15 Idaho 606
• 99 P. 101
• 1908 Ida. LEXIS 135

Syllabus

<p>Contracts — Sewerage Construction — Special Assessments — Bonds Issued for Sewerage Work — Liability of City — -Duty of Officers — Remedy.</p> <p>1. A contract for the construction of sewerage works, under the provisions of an act approved February 20, 1903 (Laws 1903, p. 26), should be made with the chairman of the sewerage committee, where the expense of such improvement is to be raised by special assessments against the property benefited.</p> <p>2. Where a sewerage district is created, under the provisions of the act approved February 20, 1903, and the works to be constructed therein are to be paid for out of special assessments made against the property of said district, the indebtedness thereby created becomes and is an indebtedness against the property of said district, and is not an obligation or indebtedness of the city or village in which, or out of a portion of which, such district is created.</p> <p>3. Where a contract is entered into for the construction of sewerage works, under the provisions of the act of February 20, 1903, to be paid for by special assessments, the contractor must look to the property of said district for the payment of the contract price, and if the city or village authorities fail to deliver the bonds agreed to be delivered in payment of the contract priee, the remedy of the contractor is against such officers to compel them to perform their duty, and no right of action lies against the city for damages for failure to deliver such bonds.</p> <p>4. Where a contract is entered into for the construction of sewerage works to be paid for out of a fund arising from special assessments levied against the property within the district, the liability becomes a liability in rem against the property, and is not a liability of the person or municipality.</p> <p>5. Where public works are to be paid for from special assessments, and the city or village does not agree or obligate itself to pay any part of such assessment, but the entire expense