City of Astoria v. American La France Fire Engine Co.

Citations

• 225 F. 21
• 139 C.C.A. 80
• 1915 U.S. App. LEXIS 2091

Syllabus

<p>1. Municipal Corporations ©=244—Contracts—Validity-Manner op Making Contract.</p> <p>The charter o£ the city of Astoria, Or., section 38, confers on the city council power to establish and maintain a fire department, to provide engines and other apparatus therefor, and to appoint fire commissioners. Section 39 provides that iho power given the council by section 38 can only be exercised by ordinance, and section 124 provides that the city “is not bound by any contract or in any way liable thereon unless the same is authorized by city ordinance and .made in writing and by order of the council,” with the exception of contracts for the payment of a sum not exceeding $100. The council by ordinance created a fire department and appointed a committee on fire and water, who should be ex officio fire commissioners and should purchase ail supplies for the fire department, subject to the ordinances of the city. Such committee entered into a contract for the purchase of a fire engine under authority of a vote of the council adopting their report recommending the same, but a subsequent ordinance providing for payment of the purchase price was vetoed and never became effective, and the city refused to accept the engine. Held, that the contract, not being authorized by ordinance as specifically required by the charter, did not bind the city, but was void.</p> <p>FMd. Note.—For other cases, see Municipal Corporations, Gent. Dig. §§ 678-681, 683; Dec. Dig. ©=>244.]</p> <p>2. Municipal Corporations ©=>61—Power to Make Contracts—Manner or Exercise.</p> <p>Where a city charter, prescribes the mode in which a power conferred on tiie city shall be exercised, that mode is exclusive, and must be followed whether the power be deemed governmental or proprietary.</p> <p>]Md. Note.—For other cases, see Municipal Corporations, Cent. Dig. § 152; Dec. Dig. ©=>61.]</p> <p>3. Municipal Corporations ©=>248—Contracts—Ratification of Unauthorized Contract.</p> <p>Where a city has power to enter in