Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951 (99(1896) = V.1 Turner)
General Books LLC, 2009 - 506 pages
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 Excerpt: ...in the charter for cities of the first class to levy assessments against individual property-holders to pay the cost of street improvement, the city can not, by ordinance, require of the contractor a deposit in bonds equal to ten per cent, of the contract price, as a guaranty that he will keep the same in repair for five years, because such a provision necessarily increases the burden of the property-holders by adding the cost of repairs, .for which the city alone under the provisions of the charter is liable. 6. Same.--Such ordinance, however, is not absolutely void, and the contractor is still entitled to recover except to the extent the property owner's assessment has been increased on account of the requirement of such bond and security from the contractor. 7. Execution Op Contract By City.--lt is sufficient execution of a contract by a city that the mayor thereof shall sign his name as such, and affix the official seal of the city. JOHN BARRET And JOHN ROBERTS For Appellants. 1. Publication of notice as required by section 67 of the "Act for the government of cities of the first class." is a condition precedent to the contract, and no valid contract can be made without the publication of these facts. Fehler v. Gosnell. 2. No lien exists because the apportionment warrants, which are the basis of the action, were irregularly issued. 3. Under authority to order the paving of a street and to levy assess ments against individual property owners to pay the expense of such improvement, a city can not force the property owners to pay for five years' repairs in advance. (Brown v. Jenks, 98 Cal., 10; People v. Maher, 63 N. Y., 83; McAllister v. City of Tacoma, 37 Pacific Rep., 447.) 4. Statutes granting to municipal corporations power to make special as...
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