Bunker v. City of Hutchinson

Citations

• 74 Kan. 651
• 87 P. 884
• 1906 Kan. LEXIS 116

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction — Parties—Taxpayer—Time of Beginning Suit. An owner of property may, under chapter 334 of the Laws of 1905, maintain a suit against the mayor and council to enjoin them from entering into any contract for the paying of a street of the city, or the doing of any illegal act which may result in the creation of a public burden or the levy of any illegal tax, charge or assessment, although the amount to be charged against his property has not been ascertained.</p> <p>2. Municipal Corporations — Manner of Awarding Paving Contracts. The statute governing cities of the second class does not require that contracts for the paving of streets shall be let to the lowest bidder, but the manner of awarding such contracts is left to the sound discretion of the mayor and council.</p> <p>3. - Ordinance Requiring Competitive Bidding Not Binding. In such a case the mayor and council cannot tie their own hands nor limit the discretion vested in them by the passage of an ordinance requiring competitive bidding, and such ordinance will not prevent ■ them from contracting in good faith for a pavement in which patented articles or processes are used.</p>