City of Kansas City v. Cullinan

Citations

• 65 Kan. 68
• 68 P. 1099
• 1902 Kan. LEXIS 15

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities and City Oebtcers — Special Assessment — Publication of Ordinance — Injunction — Limitation of Action. Where the mayor and council of a city of the first class pass an ordinance levying special assessments for paving, and require the city clerk to cause such ordinance to be published in a daily newspaper, and where such clerk does procure the publication to be made, but, because of numerous errors appearing therein, ignores the same and causes the ordinance to be correctly published on the day following, and thereupon makes a memorandum in his ordinance book showing that such ordinance was published on the latter day, an action brought within thirty days from said last publication will be held to have been commenced in time to save the bar of the special statute of limitations created by section 766, General Statutes of 1901.</p> <p>2, - Estimate of City Engineer— Time for its Submission. The detailed estimate required by section 747, General Statutes of 1901, to be submitted to a city council by the city engineer before any “work or improvement shall be commenced,” need not be so submitted before the mayor and council adopt a resolution declaring such improvement necessary, but must be prepared and filed before any liability in respect to such proposed improvement is incurred on behalf of such city.</p> <p>3. - Authority of General Manager of Town Site Company to Sign Paving Petition. One who is the general manager of a town site company will be presumed to have authority to-sign such a petition as is' required by section 730, General Statutes of 1901, for and on behalf of such corporation, and the fact that he had previously signed similar petitions for improvements for which his principal had, without objection, paid out large sums of taxes is evidence tending to show the existence of such authority, and is not contradicted or overthrown by proof that the records of the company do not show that he was ever given any “spe