Potter v. Black

Citations

• 15 Wash. 186
• 45 P. 787
• 1896 Wash. LEXIS 160

Syllabus

<p>MUNICIPAL CORPORATIONS — POWER TO PURCHASE LAND AT TAX SALE-ASSESSMENTS — WHEN DELINQUENT — PAYMENT OF WARRANTS — CONSOLIDATED CITIES — LIABILITY FOR DEBTS OF FORMER CORPORATIONS.</p> <p>The city of Whatcom had power to purchase land at a sale for delinquent street improvement assessments, under the provisions of its charter (Laws 1883, p. 150) which authorizes a purchase by the city treasurer for the city of such town lots and lands as cannot be sold for the amount of taxes, interest and charges thereon, when offered for public sale.</p> <p>Under the provisions of the charter of the city of Whatcom (Laws 1885-6, p. 430, §§9, 10), providing that after the council shall have approved of an assessment for a street improvement, “ they shall by ordinance establish the same and require the payment of said assessment within thirty days,” and that upon complaint of any person aggrieved, within thirty days from the first publication of notice of the assessment, the council may amend same as to them may seem just, the action of the council in granting a rebate of a portion of such assessment more than three months subsequent to the passage of an ordinance establishing the assessment is unwarranted, though the council may not by resolution have declared the assessment delinquent until after such attempted rebate.</p> <p>The treasurer of a city may be required to pay moneys in the treasury in a special fund upon warrants drawn thereon, although there may not be enough money therein to pay the face of the warrant, with the interest thereon.</p> <p>The act of March 21, 1895 (Laws, p. 379), providing that the treasurer of a city shall issue a call for warrants whenever he has $500 on hand, except in cases where the oldest outstanding warrant, with interest, exceeds the sum of $500, in which case he shall wait until funds sufficient accumulate, does not apply to warrants drawn against a special fund, which fund cannot be devoted to any other purpose.</p> <p>Where a consolidatio