City of Galveston v. Heard

Citations

• 54 Tex. 420
• 1881 Tex. LEXIS 44

Syllabus

<p>1. Construction on sidewalks in a city — Notice.—When neither the charter nor any legislative act requires notice to the abutter or lot owner, in order to make him liable to pay the cost of sidewalk improvements, then it is not essential that he receive notice, either actual or constructive.</p> <p>3. Power on Galveston to construct sidewalks.— The city of Galveston had power to undertake the construction of sidewalks on its general credit, but the lot owners would only be liable for the actual cost, which would only be the cash value of the bonds paid by the city for the work.</p> <p>8. Statute construed—Same.—The city of Galveston adopted, for the construction of sidewalks, a plan which involved the issuing of bonds to an amount in excess of the amount to which the city was limited by its charter in borrowing money for general purposes. Held, the limitation of the power to borrow money for general purposes could not affect the right of the city to borrow money for sidewalk improvements.</p> <p>4. Liability of lot owner nor sidewalk construction.— It is no answer to' the claim of the city of Galveston against a lot owner for costs of constructing his sidewalk, that the city had not paid the principal, or provided for the interest on its bonds issued to effect the construction, so long as it proposes to receive the bonds and coupons in payment for sidewalk assessments at par.</p> <p>5. Same.—The ordinance of the city of Galveston in regard to the construction, etc., of sidewalks, provided that the owner should have the right and privilege of fining, etc., his sidewalk, provided it was done in accordance with the ordinance and specifications, and completed in sixty days after the passage of the ordinance. Held, that one whose sidewalk was not constructed by the contractor until long after the expiration of the sixty days, and who had made no effort to construct it himself, could not complain that the city had advertised for bids and let the contract to do the work