Flickinger v. Fay

Citations

• 119 Cal. 590
• 51 P. 855
• 1898 Cal. LEXIS 677

Syllabus

<p>Stbeet Impbovement—Acceptance op Street—Jurisdiction op City Council—Public Expense—Construction op Statute—Mode op Procedure. Notwithstanding the acceptance of a street, the city council still retains jurisdiction, under the street improvement act of March 18, 1885, to order its improvement, and the provision in section 20 of that act, requiring the municipality to improve such street at the public expense, is subordinate to the provision in section 2 of the same act, that the city may order such improvement whenever the public interest or convenience may require, and also to the provision in section 1 that when such order is made the work must be done under the proceedings prescribed in the act, and the contract for doing the work must be let to the lowest responsible bidder, after proposals have been invited under the provisions of section 5 of the act.</p> <p>Id.—Award op Contract—Injunction—Remedy pob Illegal Assessment.— The city council having jurisdiction to award a contract for the improvement of an accepted street, the contractor to whom it is awarded cannot be enjoined, at the instance of owners of property fronting on the street, from performing the contract, upon the ground that by-reason of the acceptance of the street, the cost of the improvement should be borne at the public expense, and not assessed upon adjacent lands; but such question is to be determined after the work under the contract is completed, when, if an assessment is attempted and cannot be legally made, an appropriate remedy may be had to. defeat it.</p>