84 Mich. 336 | Mich. | 1890
The charter of the city of Grand Rapids contains the following provisions:
*337 1. “ "When the common council of said city decide that the construction of any public work in said city is a necessary public improvement, the board of public works shall determine as to the particular kind and quantity of materials to be used therefor, and estimate the probable cost and expense of such work, and of the material to be used, in detail, and cause to be prepared, so far as necessary, plans and specifications for such work, and report their estimate to the common council as a basis for assessing, or otherwise raising, according to law, the funds necessary to enable the board to go forward and complete such work."
2. “ The work shall be done under the direction and supervision of the board of public works, and upon contracts and under plans and specifications to be prepared^ by the city surveyor, and approved by such board."
3. “ The board of public works shall advertise for proposals to execute the work, and for materials, according to plans and specifications adopted by the board, and may contract with the lowest bidder."
On June 20, 1887, the common council adopted a resolution requesting the board of public works to establish the grade line of Curtis street, and furnish the council with an estimate of the cost of grading, graveling, and paving the gutters of the same, the same being a necessary public improvement. All the subsequent proceedings, including the petition by the property-owners, the estimate, the letting of the contract, and the first assessment to cover the expense, are admitted to have been regular. The estimate submitted to the council by the board of public works was 12,920. Upon this report, an assessment was made by the council, which was satisfactory to the parties interested. Of the bids made the lowest was $2,792, and for that sum the contract was let. In the estimate upon which these bids were made was the item: “Stone paving, 159 square yards." There was- no item for “ paving gutters,” either in the estimate, specifications, or contract, and after the work had progressed somewhat
The sole question in the case is, was the action of the board of public works in letting the contract for the pavement of the gutters without advertising for bids legal? The action is defended upon the ground that it was extra work, within the meaning of the original contract and the charter. The contract reserved to the defendant “the right to change any portion of the work from time to time, and to make all necessary additions thereto or deductions therefrom.” Section 15, tit. 6, of the charter provides that the plans and specifications of the work, for the payment of which an assessment is
The decree of the court below must be reversed, with the costs of both courts, and a decree entered here restraining the collection of the amount so held to be illegally- assessed.