Opinion
No. 19613
Opinion Filed December 23, 1930. Rehearing Denied April 14, 1931.
(Syllabus.)
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 — Sufficieney 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.
The facts in this case differ in no material respect from the facts of the case of Wilbur Barnett v. Incorporated Town of Waynoka, No. 19612, 148 Okla. 24, 296 Okla. 972. The same questions are involved and it seems to be the agreement by both parties that the brief and argument in the Barnett Case shall be used in this case. It is therefore ordered that the syllabus In the Barnett Case be adopted in this case and that the judgment of the trial court herein be affirmed.
LESTER, V. C. J., and CLARK, SWINDALL, and ANDREWS, JJ., concur. MASON, C. J., and HUNT, RILEY, and CULLISON, JJ., absent.