Flood v. Town of Shidler

12 Citing cases

  1. City of Tulsa v. Langley

    196 Okla. 680 (Okla. 1946)   Cited 6 times
    Upholding long term agreement for provision of legal services

    See, also, Mayer v. J. T. Jones Sons, 113 Okla. 119, 239 P. 904; and Rogers v. Oklahoma City, 45 Okla. 269, 145 P. 357. But consider and compare Flood v. Town of Shidler, 127 Okla. 148, 260 P. 52; Haskins Sells v. Oklahoma City, 36 Okla. 57, 126 P. 204, and Cobb v. City of Norman, supra. Perhaps these latter cases cited herein for comparison should be regarded in the light of our declaration that our constitutional provisions on limitation of indebtedness also prohibit the pledge of revenues and income which have not yet been provided for or collected.

  2. City of Del City v. Fraternal Order of Police, Lodge No. 114

    1993 OK 169 (Okla. 1994)   Cited 20 times

    In Town of Red Fork v. Gantt-Baker Co., 130 Okla. 175, 266 P. 444 (1928), we refused to permit a violation of Section 26 in order to pay for the materials and services provided by engineers in the construction of a waterworks system. See also Flood v. Town of Shidler, 127 Okla. 148, 260 P. 52 (1927); McVicker v. Bd. of County Comm'rs, 442 P.2d 297 (Okla. 1968); Columbia Ins. Co. v. Bd. of Educ., 185 Okla. 292, 91 P.2d 736 (1939).

  3. McMasters v. Town of Byars

    223 P.2d 545 (Okla. 1950)   Cited 1 times

    We construe the words "the specific amount authorized" to have reference to the amount of the proceeds of the bond issue which is available as a fund to meet liabilities to be incurred in accomplishing the purpose of the bonds. To hold otherwise would be, in effect, to authorize the contracting of indebtedness payable out of a fund before the fund is provided, which type of contract we have held to be unauthorized because violative of the plain purpose of the Constitution. O'Neil Engineering Co. v. Incorporated Town of Ryan et al., 32 Okla. 738, 124 P. 19; Flood v. Town of Shidler, 127 Okla. 148, 260 P. 52. Such fund can arise only in exchange for liability upon the bonds.

  4. Protest of Missouri-Kansas-Texas R. Co.

    181 Okla. 229 (Okla. 1937)   Cited 9 times

    In such case the fact that in any one year the income and revenue provided might be sufficient affords no relief, for the Constitution aims as well against pledging future revenues, and does not permit the assumption in one year of obligations to be paid out of succeeding years' revenue even if such might otherwise be sufficient, unless the people vote thereon as required by the Constitution. See O'Neil Engineering Co. v. Town of Ryan, 32 Okla. 738, 124 P. 19; Flood v. Town of Shidler, 127 Okla. 148, 260 P. 52; Cobb v. City of Norman, 179 Okla. 126, 64 P.2d 901, and cases cited therein. It follows that the excise board was unauthorized to make the sinking fund levy for the bonds of the annexed district against any property except that located in the theretofore comprising the school district from which the annexation occurred.

  5. Cobb v. City of Norman

    179 Okla. 126 (Okla. 1937)   Cited 6 times

    The revenues of each year are used to pay claims of such year; and any liability sought to be incurred through contract, express or implied, executed or executory, in excess of such current revenue in hand, or legally levied, is void, unless it be authorized by a vote of the people, and within the limitations therein provided. Flood v. Town of Shidler, 127 Okla. 148, 260 P. 52; O'Neil Engineering Co. v. Incorporated Town of Ryan, 32 Okla. 738, 124 P. 19. In the case of Town of Red Fork v. Gantt-Baker Co., Inc., 130 Okla. 175, 266 P. 444, the court held:

  6. State ex Rel. Woods v. Cole

    178 Okla. 567 (Okla. 1937)   Cited 11 times
    In State v. Cole, 178 Okla. 567, 63 P.2d 730, a taxpayer's action against city officers and Cole, who received the money, it was definitely held that recovery could be had under sections 5964 and 5965, O. S. 1931, upon a showing of illegality of contract and of expenditure, without showing fraud, which is clearly equivalent to a conclusion that bad faith is not necessary if it is true that illegality of the expenditure exists.

    The contract there considered was held to be in violation of section 26, art. 10, of the Constitution. See, also, Flood v. City of Shidler, 127 Okla. 148, 260 P. 52; Haskins Sells v. Oklahoma City, 36 Okla. 57, 126 P. 204. In such cases the debt is created when the contract is made.

  7. Faught v. City of Sapulpa

    145 Okla. 164 (Okla. 1930)   Cited 49 times
    In Faught v. City of Sapulpa, 145 Okla. 164, 292 P. 15, it is said that the only party before the court in a refunding proceeding is the municipality, and the only other party authorized to appear before that court is the taxpayer; that the creditor is not before the court and that there is no authority to bring such creditor before the court.

    All are presumed to know the law, and those who contract with it, or furnish it supplies, do so with reference to the law; and if they go beyond the limitations imposed they do so at their peril." Flood v. Town of Shidler, 127 Okla. 148, 260 P. 52. See, also, Town of Redfork v. GanttBaker Co., Inc., 130 Okla. 175, 266 P. 444, and Wilson v. Oklahoma City, 120 Okla. 266, 751 P. 484,

  8. State ex Rel. v. Randolph

    281 P. 956 (Okla. 1929)   Cited 4 times
    In State ex rel. Awtrey v. Randolph, 139 Okla. 254, 281 P. 956, it was definitely held that the school board was liable for double the amount paid out on illegal claim's with nothing whatever said about knowledge of illegality on the part of the board.

    Under section 8638, C. O. S. 1921, all contracts made for the purchase of library books in excess of the estimate were void and created no legal liability against the district. See. also, Shannon et al. v. State, 33 Okla. 293, 125 P. 1106; Lacy et al. v. Board of Education, 98 Okla. 237, 224 P. 712; Gentis et al. v. Hunt, Trustee, et al., 121 Okla. 71, 247 P. 358; Flood v. Town of Shidler, 127 Okla. 148, 260 P. 52. All claims complained of in plaintiff's various causes of action, except the items herein indicated, were illegal, and the school board had no authority to allow and pay the same, and, under the law, defendants, members of the school board, and J.G. Ryan, are jointly liable for double the amount so paid.

  9. Incorporated Town of Jenks v. Pratt

    278 P. 331 (Okla. 1929)   Cited 4 times

    " See, also, Threadgill v. Peterson, 95 Okla. 187, 219 P. 389; Wilson v. Oklahoma City, 120 Okla. 266, 251 P. 484; Dougherty-Nichols Construction Co. v. Town of Jenks, 115 Okla. 104, 242 P. 167; Flood v. Town of Shidler, 127 Okla. 148, 260 P. 52; Town of Red Fork v. Gantt-Baker Co., Inc., 130 Okla. 175, 266 P. 444. The judgment of the district court is therefore reversed, and cause remanded, with directions to dismiss the action.

  10. Boardman Co. v. Board of Com'rs, Ellis Co.

    136 Okla. 85 (Okla. 1929)   Cited 15 times
    In Boardman Co. v. Bd. of County Comm'rs, 136 Okla. 85, 276 P. 474 (1929), we refused to permit the payment for the construction of bridges, stating that regardless of the language of a statute permitting the construction of bridges, a statute attempting to overstep the boundaries of Section 26 would be unconstitutional.

    "It appears that the contract sued upon in the instant case, under the holdings in the cases cited, in effect, was to incur a present obligation or indebtedness against the defendant town, and was void, because there were no funds on hand or levy out of which payment could be made; no vote of the electors had authorized the creation of such obligation or indebtedness, as required by section 26, art. 10, of the Constitution." Flood v. Town of Shidler, 127 Okla. 148, 260 P. 52, was a case in which the trustees of the town of Shidler contracted with Flood to act as official engineer of said town, and perform all engineering services incident to the completion and carrying out of all contracts which said town should enter into during the period of two years. As compensation he was to receive five per cent.