NICKERSON v. INCORPORATED TOWN OF WAYNOKA

NICKERSON v. INCORPORATED TOWN OF WAYNOKA
1930 OK 594
297 P. 813
148 Okla. 198
Case Number: 19613
Decided: 12/23/1930
Supreme Court of Oklahoma

NICKERSON et al.
v.
INCORPORATED TOWN OF WAYNOKA et al.

Syllabus

¶0 1. Municipal Corporations--Construction of Sewers--Jurisdiction Under Ordinance of Necessity.
The passage and publication of the ordinance of necessity confers jurisdiction upon the municipal authorities of cities having a population of not less than 1,000 persons to establish a sewer district therein and to provide that the cost thereof shall be apportioned against all the lots or pieces of ground in such district, exclusive of the public highways, and to levy and assess a special tax by ordinance against each lot or piece of ground within the district to pay for the construction of such sewer.
2. Same--Sufficiency of Advertisement for Sealed Bids--Injunction Held not to Lie Against Issuance of Tax Warrants.
Where an ordinance is regularly passed and published and shows on its face the plain intention to carry out the provisions of the statute relative to the construction of a sewer, although the advertisement for sealed bids for the construction of the sewer may be defective, if the same is actually published, and is sufficient to give the property owners notice that a sewer is to be constructed and will be constructed unless the statutory per cent. of the property owners located in the district protest against the same, and no protests are filed, but the sewer is constructive without objection by the property owners, such ordinance is sufficient to give the city authorities jurisdiction to make a valid contract for constructing the sewer, and after it has been constructed by the contractor and accepted by the city, an injunction will not lie to restrain the proper authorities from issuing tax warrants against the property.

Error from District Court, Woods County; Arthur G. Sutton, Judge.

Injunction by George J. Nickerson et al. against the Incorporated Town of Waynoka et al. Judgment for defendants, and plaintiffs appeal. Affirmed.

E. W. Snoddy, for plaintiffs in error.
W. T. McBride and Mauntel & Spellman, for defendants in error.

HEFNER, J.