Fitzhugh v. Ashworth

Citations

• 119 Cal. 393
• 51 P. 635
• 1897 Cal. LEXIS 908

Syllabus

<p>Street Improvement—Construction of Sewer—Resolution of Intention —Compensation of City Engineer—Payment to Superintendent of Streets—Work of Former Engineer under Abandoned Resolution— Mandamus.—Under the act ot 1889, p. 162, which provides for work upon streets, etc., and for the construction of sewers within municipalities, the resolution of intention under which the work of the construction of a sewer is done, is the only foundation for the jurisdiction of the board to proceed with the work, and all “incidental expenses,” including the compensation of the city engineer, which are required to be advanced by the contractor to the superintendent, for payment by Mm, are necessarily connected with the work done in the proceedings had under and in connection with such resolution, and property holders cannot be burdened with expenses incurred under any former abandoned resolution, nor can the compensation of a former city engineer for work done and plans and specifications and diagram prepared by him for the proposed construction of the same sewer under a former abandoned resolution be considered or taken as any part of the “incidental expenses” advanced by the contractor to the superintendent of streets, under a subsequent resolution of intention which was carried out, and the superintendent of streets may be compelled by mandamus to pay the compensation advanced for the city engineer to the one who acted under the latter resolution.</p> <p>Id.—Reference in Resolution to Former Plans—Aid to Hew CityEnginber.—Plans and specifications do not constitute a necessary part of a resolution of intention, and, when specified therein, are superfluous, and need not be followed; and the fact that a subsequent resolution of intention to construct a sewer refers to the former plans and specifications prepared by a former city engineer under an abandoned resolution does not make the compensation of such former engineer any part of the incidental expenses to be advanced to the supe