138 Iowa 67 | Iowa | 1908
In April, 1903, the council of the defendant city approved plans and specifications, drawn by M. Tschirgi, an engineer, for a sewer system for the city; and, as we understand, such plan contemplated a main sewer in two divisions, and with lateral sewers connecting therewith and extending into the various sections of the city — the main sewer to be provided at its general terminus with a disposal plant. Thereafter proceedings under the statute were had, looking to the construction of the system, contracts were let, etc. At the close of the work it was accepted by the city council, and payment therefor was about to be made when this action by plaintiffs — taxpayers of the city — was commenced. Many errors and irregularities in the proceed-
Eairly analyzed, the notice here given imparted no more information than that the city contemplated the construction of a vitrified pipe sewer according to plans and specifications on file. The estimated number of linear feet of four separate sizes of pipe is stated, the number of flush tanks and manholes, and that payment will be made in special-assessment certificates. And it is assailed (a) because it does not state “ as nearly as practicable the extent of the work or the kind of materials to be furnished; (b) it does not state when the proposals should be acted upon; (c) it does not state when the work should be done.” In our view the expression “ extent of the work ” means something more than a bare statement of the length of the sewer, the size of the pipe, and the number of the manholes and flush tanks. It includes some definite information respecting the conditions under which the work is to be done, and the manner in which it will be required to bé done. Without this information no one could intelligently submit a bid. It is true that the notice refers to plans and specifications. But, even if it could be said that a notice advised contractors where they might go and find out for themselves “ the extent of the work,” the information furnished by this notice would have been of little, if any value, because as we have seen, the plans and specifications covered practically the whole city. Counsel do not argue this, but we may suggest the thought that possibly the notice should be further charged with infirmity for that it does not correctly state the extent of the work and materials authorized. Presumptively there is included therein the construction of the lateral sewers, a work, as we have seen, unauthorized in any event. Without further discussion, we think it must be said that, within the rule of the cases cited, the notice was insufficient.
Y. On October 15, 1903, a further resolution of necessity was adopted by the council, looking to the construction
Counsel for appellants contend that in no event was there jurisdiction in the council to provide for the payment of the amount due under the first contract by the levy of a special assessment, and the issue of certificates. It is pointed out that it is provided in the resolution of necessity that the cost of the sewer shall be paid by assessment againt the real property included within the assessment district, and from the general fund. And it is the argument that here no more was meant than that a district tax should be laid on a valuation basis and a fund to meet the cost thus created; that, háving selected a method, the authority of the council niust
Should we grant the premises assumed by counsel for appellants, there would seem to be no escape from the conclusion reached by them. Having secured the acquiescence of property owners in the construction of a sewer to be paid for by taxation, most certainly the council could not change front when the day of settlement came, and order payment to be made through the medium of a special assessment. The property owners had the right to rely upon the resolution of which they were given notice, and on the question of the adoption of which they had the right to be heard. Their rights could not be affected by any change in method of pay-
I agree to the conclusion. Many, if not most, of the defects were waived; but, as one or more were prejudicial, I am constrained to concur in the result.