Byrns v. City of Moscow

Citations

• 21 Idaho 398
• 121 P. 1034
• 1912 Ida. LEXIS 125

Syllabus

<p>Cities — Towns—Paving Streets — Constructing Sidewalks — Municipal Bonds — Limitations oe Indebtedness — Municipal Debts —Special Assessments.</p> <p>(Syllabus by the court.)</p> <p>1. Secs. 1 and 2, art. 12, of the constitution of this state grant to the legislature power and authority to provide for the incorporation, organization and classification of eities and towns, and such eities and towns have such power and authority as are provided by the laws enacted by the legislature.</p> <p>2. The only limitation upon the power of the legislature is that it cannot authorize a city or village to incur any indebtedness or liability in any manner or for any purpose exceeding in that year the income and revenue for it for such year without the assent of two-thirds of the qualified electors thereof voting at an election.</p> <p>3. It is within the power and authority of the legislature of the state to provide for the incorporation and organization of eities and villages, and to authorize such cities and villages to make public improvements such as paving, grading and guttering streets and the building of sidewalks and the construction of curbing, and providing that the cost of such improvements may be paid from the general levy of taxes, or by means of special assessments made against the property specially benefited, and that municipal bonds may be issued for the purpose of raising such revenue with which to pay for such improvements, and that all such regulations and matters are entirely within the power of the legislature and may be provided for by proper legislation.</p> <p>4. Rev. Codes, sec. 2238, grants full power to eities and villages organized under the general law of the state to make contracts for the construction and building of sueh public improvements enumerated in such act, and to levy special assessments within an improvement district formed, for the full debt thereof, in proportion to the benefits derived to said property by said improvements, sufficie