Partridge v. Lucas

Citations

• 99 Cal. 519
• 33 P. 1082
• 1893 Cal. LEXIS 704

Syllabus

<p>Street Improvements—Resolution of Intention—Description Limits Jurisdiction to Contract.—The passage and publication of a resolution of intention to do street work are acts by which the board acquires jurisdiction to make such improvements as they describe in the resolution, and they cannot lawfully cause work other than that which is so described to be performed, or enter into any valid contract therefor.</p> <p>Id.—Resolution to “ Macadamize ” Street—Rook Gutterways not Included. —A resolution of intention to do street work declaring it to be the intention of the board of trustees of the town to “macadamize” a street, does not give the board jurisdiction to contract for the construction of rock gutterways in the street to be macadamized.</p> <p>Id.—Definition of “Macadamize.”—The word “macadamize” means to cover a street or road by the process introduced by Macadam, which consists of the use of small stones of a uniform size, consolidated and leveled by heavy rollers; and is entirely distinct from the construction of rock gutterways formed by laying flat stones even on their upper surfaces and filling the interstices with clean, hard rock, finely broken and screened.</p> <p>Id.—Assessment fob Macadamizing Street—Cost of Gutterways—Objection not Waived by Failure to Appeal__Where a resolution of intention to do street work failed to i íclude the construction of rock gutterways in the street to be improved, an objection to an assessment for the work done because the cost of such gutterways was included therein, is not waived by the failure of the defendants to appeal to the board of trustees for the correction of the assessment or to ask for a new assessment to pay only the contract price for the work which was done in macadamizing the street according to the resolution of intention.</p> <p>Id.—Assessment an Entirety—Cost of Work not Legally Chargeable.— An assessment for street work sought to be enforced as an entirety must stand or fall as a whole, and if it in