175 P. 595 | Mont. | 1918
delivered the opinion of the court.
On July 22, 1908, the city council of Butte adopted Council Resolution 762, for the creation of Special Improvement Dis
The proceedings of the city were governed by sections 3367, •3369-3389, and 3396-3412, Revised Codes. These statutes have long since been repealed, and no useful purpose can be served by an extended discussion of their provisions.
1. Council Resolution 762 shows upon its face that it was intended to be a resolution of intention to create a special improvement district, and not a resolution which in itself ■created the district upon its adoption July 22, 1908. This brings the cáse clearly within the rule adverted to in Shapard v. City of Missoula, 49 Mont. 269, 141 Pac. 544, and distinguishes it from Cooper v. City of Bozemam, 54 Mont. 277, 169 Pac. 801.
2. Resolution 782 designated the character of the improvements contemplated, with sufficient particularity. (Mansur v. City of Polson, 45 Mont. 585, 125 Pac. 1002.)
3. There is not anything inconsistent between the provisions
4. The initiative and referendum apply only to matters of
5. It is argued in the brief of counsel for appellants that the
The council, then, having observed the method of procedure ordained by the statute, acquired jurisdiction to order the improvement and to levy the assessment against plaintiffs’ property, and the assessment thus levied became a lien upon the property from the date when such assessment became due (section 3407), and was not affected by the fact that thereafter each of these plaintiffs recovered a judgment against the city for damages on account of the street grading done pursuant to Ordinance 849A.
The" judgment is affirmed.
'Affirmed.