Oakland Paving Co. v. Rier

Improvement of Streets nr Oakland. — The twenty-eighth section of the act to authorize the improvement of streets in the City of Oakland, which provides that the Council shall have full power to improve Broadway Street in such manner as it may deem proper, does not dispense with the necessity of the passage of a resolution of intention, and its publication, before an improvement can be made on Broadway.

Idem.—Under said section, after a resolution of intention to improve Broadway Street has been passed by the Council, and published, so that jurisdiction is acquired, the Council may order such portion of the proposed work to be done as it may deem proper, or may leave the amount of work to be done on the crossings and culverts to the determination of the Street Superintendent.

Power of Legislature over Streets of a City. — The Legislature, in providing for the improvement of the streets of a city, may adopt one mode for a part of the streets, and a different mode for the remainder, and may authorize the levy of an assessment per front foot to pay for either mode of improvement.

Improving Street in a City.—If, in improving a street in a city, the specifications require work not mentioned in the resolution of intention, it does not vitiate the assessment if such additional work is not mentioned in the contract, and it does not appear that it was done, or that any charge was made for it.

Idem.—In improving the street of a city, if the resolution of intention calls for “additional macadamizing,” the specifications may provide for lifting the rock on the roadway, and relaying a part with new rock, and this is “ additional macadamizing.”

Accepting Improved Street in Oakland. — The twentieth section of the act for improving the streets of Oakland, which provides that when a street is constructed to the satisfaction of the Council and Marshal it shall be accepted, and that thereafter it shall be improved by the city, requires such acceptance of the street, to the full width of the street, when improved under regulations adopted by the Council. Such regulations must specify, among other things, the character of the work to be done, before the street can be accepted. An acceptance of work done on a street is not sufficient to make the street an accepted street.

Estoppel.—If a corporation attempts to confer power on its President to contract with a city for the improvement of a street, and the power is defective, but the contract (in form) is made with the corporation, the work is done by the corporation, the assessment is issued to the corporation, and suit for the work is brought by the corporation, both the city and corporation are estopped to deny the due execution of the contract, and the lot owner when sued for the assessment cannot be heard to allege that the contract was not executed by the corporation.