Matthews v. City of Ellensburg

Citations

• 73 Wash. 272
• 131 P. 839
• 1913 Wash. LEXIS 1591

Syllabus

<p>Municipal Corporations — Improvements — Water Works — Proceedings to Establish. A city may adopt a plan for obtaining a water supply outside of the city without providing for a distributing system within the city, under Rem. & Bal. Code, § 8005, authorizing a city to construct, acquire, or add to water works, within or without its limits, for the purpose of furnishing an ample supply of water, and § 8006, requiring it to adopt the system or plan proposed and submit it to the qualified electors; and the submission is not affected by the fact that the ordinance adopting the supply system also stated that it was further proposed that the supply plant would be connected with a distributing system within the city limits to be constructed by local assessments on property benefited.</p> <p>Same — Submission to Voters — Validity. Under Laws 1911, p. 443, § 8 and p. 451, § 19, authorizing any local improvement to be initiated directly with the council, without submission to the voters, whose decision is final, a resolution creating a local improvement district for a distributing system for water works is valid, although prior to a special election called to authorize the acquisition of a supply system outside of the city which it was intended to connect with the distributing system.</p> <p>Same — Submission to Voters — Sufficiency. The submission to the voters of a plan to acquire a supply system for proposed water works, without submitting a plan to connect the supply with a distributing system to be constructed in the city by local assessments upon property benefited, is not an evasion of the requirement that the whole plan be submitted to the voters, where the two systems were to be constructed separately and paid for by different methods, and all the voters understood that the proposed supply was to be connected with a distributing system thereafter constructed.</p> <p>Same — Special Assessments — Benefits — Objections. Under Laws 1911, p. 444, § 10, the objection tha