Becker v. City of Henderson
Court of Appeals of Kentucky
Case 67 — PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. The ordinance while not an appropriation of money, certainly in>olved the expenditure of money. It provided that the city might advance the money by taking an assignment of the contractor’s liens, and the contractor agreed with the city in his written contract to assign his lien to it in the event the money was advanced to him, which shows an expenditure of money was contemplated at the time.
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Case 67 — PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. The ordinance while not an appropriation of money, certainly in>olved the expenditure of money. It provided that the city might advance the money by taking an assignment of the contractor’s liens, and the contractor agreed with the city in his written contract to assign his lien to it in the event the money was advanced to him, which shows an expenditure of money was contemplated at the time. The ordinance was therefore invalid, because it was not presented to or signed by the mayor as required by section 3304, Kentucky Statutes.…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of tee court.
Section 3449 of the Kentucky Statutes gives to the common council of cities of the third class the power to pass ordinances to require the improvement of streets and alleys by grading, paving, etc., any portion thereof, not less in length than one block.
Section 3450 provides that, upon the passage of any ordinance requiring the improvement of a street as contemplated in section 3449, it shall be the duty of the mayor to enter into a contract with persons offering to do the work required to be done by such ordinance upon the best and most…
2Cases cited1 opinion
- Pierce v. GibsonIndiana Supreme Court · 1851
3Cited by5 opinions
- City of Mt. Sterling v. Montgomery CountyCourt of Appeals of Kentucky · 1913
- City of Catlettsburg v. SelfCourt of Appeals of Kentucky · 1903
- State ex rel. Consolidated School District No. One v. HackmannSupreme Court of Missouri · 1919
- Hoskins, Mayor v. PitmanCourt of Appeals of Kentucky (pre-1976) · 1929
- Thompson v. Civil Service Commission of Provo CityUtah Supreme Court · 1943