State ex rel. Wright v. City of Tacoma

Citations

• 92 Wash. 591
• 159 P. 765
• 1916 Wash. LEXIS 798

Syllabus

<p>Municipal Corporations — Public Improvements — Water System —Cost—Limitation—Payment oe Contractor — Extras — Funds— Statutes. Although, by Rem. & Bal. Code, §§ 8005-8010, a city in submitting the construction of a water system, must apprise the tax payers of the probable cost, the total expense which may be incurred is not limited to the estimated sum of $2,000,000, where the original contracts were let for sums within the estimate and the contractor did extra work, not originally contemplated in building 41 miles of pipe line through a mountainous country, under an ordinance providing that “the estimated cost, as near as may be, is the sum-of two million dollars;” that extra work ordered by the council shall be done by the contractor at actual cost and ten per cent added; and that a special warrant fund No. 2 be created for the purpose of defraying additional cost and expense, derived from the gross revenues and earnings of the water system, as long as any obligations are outstanding against said fund, the statute, Id., § 8008, providing that the original bond issue be paid out of the earnings of the system; since two funds were thereby created, the taxpayers were not misled, and the extra work and changes were inevitable and properly anticipated in making provision for the fund No. 2.</p> <p>Appeal — Review—Objections Below — Mandamus. The fact that a city denied its liability and raised no objection below to an order directing that warrants for extra work be delivered direct to a contractor in violation of the terms of the contract, will not preclude the city’s raising the objection on appeal, where the proceedings were in mandamus to compel the performance of the contract and ordinances, which were in the record.</p>