Thurston County v. Clausen
Thurston County v. Clausen
Opinion of the Court
— This is an original proceeding by relators for the purpose of requiring respondent, as state auditor, to accept certain drainage district bonds and issue a warrant in payment therefor. The petition sets forth, among other things, the steps regularly taken under ch. 176 of the Laws of 1913, p. 611, and subsequent amendments thereto, by which drainage district No. 2 of Thurston county was established in January, 1919, and drainage district No. 4 of Thurston county was established in April, 1920. The improvements contemplated in district No. 2 were the drainage of the land on either side of the southerly end of Black lake by deepening and straightening the channel of Black river, which is the natural outlet of the lake and flows from the southerly end of the lake, emptying into the Chehalis river; and in district No. 4 it was pro
Prior to the organization of district No. 2, a report favorable to the proposed improvement had been made and filed by the county engineer, which included an itemized estimate of the cost of construction, amounting to $15,763.08. The county board, in October, 1919, by resolution adopted after hearing, as provided by law, ordered that the assessments levied upon the land benefited should be paid in ten annual installments; that temporary warrants should be issued to pay the costs of construction as the work progressed, and that, when the work was completed, bonds should be issued and sold to take up the warrants. The board of supervisors of the district assumed charge of the work and expended approximately $5,700 in its prosecution. In the meantime, upon á proper petition, due notice, and without objection, drainage district No. 4 was organized. The engineer’s estimate of the cost of the work proposed to be done was fixed at $18,050. Supervisors were elected but no construction work was begun, no expense was incurred except for organization expenses, and no bonds were authorized or issued.
In May, 1920, the supervisors of both improvement districts joined in a written request to the board of county commissioners of Thurston county, asking for a consolidation of the two districts. Thereupon the county board passed a resolution declaring its intention to order a consolidation, fixed a date for a hearing,
The board of supervisors of the consolidated district determined that the improvements contemplated by each of the original districts should be constructed and completed as one unit, and under the supervision of the county commissioners let a contract for the work as a whole, and thereafter the board of county commissioners duly provided that the costs of the improvement should be paid by the property owners in ten annual installments; that temporary warrants should be issued, and that when the work was' completed bonds of the consolidated district should be issued to cover the whole cost and take up the warrants; and still later an agreement was entered into between' the county board and the state reclamation board (now the department of conservation and development) by which the state reclamation board agreed to purchase the bonds upon the completion of the work. No engineer’s report or estimate was made or filed with the county board on behalf of the consolidated district, nor any public hearing had with reference to the improvement, other than the two reports made by the county engi
We gather from his brief and argument that the Attorney General’s objections to the bonds are as follows :
(1) That the resolution of the county board establishing the consolidated district should have described it by the exterior boundaries of both the original districts, even though by such description some 556 acres of land would have been twice described, and, in fact, such description, when stripped of surplusage, would have embraced exactly what is embraced by the description which was adopted.
(2) That though the plans for the improvement contemplated by the separate and original districts were properly adopted, still, notwithstanding that fact, upon the organization of the consolidated district there should have been a public hearing before the
(3) That the county engineer’s estimates of the cost of the drainage improvement of the two original districts totaled $33,813.08, while the whole cost of the completed improvement of the consolidated district was $80,613.19; that notwithstanding that § 16, Oh. 130, of the Laws of 1917, p. 523, provides that such estimates are “preliminary only and shall not be binding as a limit on the amount that may be expended in constructing such system,” yet such provision is unconstitutional when applied to the present case, in that the landowners in each of the original districts had no notice of the hearing for the establishment of the other district, and no opportunity to be heard as to the plan of improvements in the other district, and hence no opportunity to be heard upon the plan of improvement adopted for the consolidated district, which included the plans of both of the original districts; hence they have not had their day in court.
(4) That the resolution of the county board authorizing the improvement on behalf of the consolidated district and awarding the contract for the construction of the same is void, for the reason that the statute does not authorize the construction of improvements on behalf of consolidated districts, but authorizes the consolidation of improvement districts for maintenance purposes only.
We will briefly consider these objections in the order in which they have been set forth.
In §3 of the amended act (Laws of 1917, p. 518), after providing for a hearing upon the application for consolidation and any objections thereto which may be interposed, the county board is authorized to refuse to proceed further with the consolidation, “or may enter an order declaring any two or more of such districts
If the statute means what it says, and no reasons are advanced to cause us to think otherwise, then the only necessity is to so describe the consolidated district in the resolution as to cause it to include all of the territory included in the districts of which it is composed, and no more, and this can he done in any way or form which is definite and accurate. Since it is not contended that any of the territory of the two original districts has been omitted, or anything outside of that territory included, or that the description is in anywise indefinite or uncertain, we conclude that the description adopted by the county hoard was sufficient.
The second contention is as readily answered. Section 5 of the amended act (Laws of 1917, p. 518), in considerable detail, gives the board of supervisors of the consolidated district all of the rights and powers theretofore possessed by the supervisors of the original districts, provides that the indebtedness of the original districts and the liability of the lands situated therein shall not be affected by the consolidation, and § 6 (Laws of 1917, p. 519), reads:
“"Whenever two or more districts have been consolidated all the provisions of law applicable to such districts prior to the consolidation shall apply to the consolidated district.”
Hence, at whatever stage the consolidation takes place, it is plainly the legislative intent that there shall be no backward step taken. All that has been lawfully done remains legally binding and the consolidated district may go forward at once from the point where the original districts left off. It is not contended that
The third objection is a somewhat more serious one. The combined estimates of the cost of the improvements in the two original districts made by the county engineer totaled less than $34,000, while the work as prosecuted after the consolidation cost more than $80,-000. It is not shown, however, that the original plans W'ere in anywise changed or departed from, and the record wholly fails to explain the discrepancy between the estimates and the cost. Were the question properly raised by one owning land subject to the assessment it would merit careful study, but the property owners have stood by and seen the contract let and the work performed without any protest; have, after due notice, failed to file a single objection to the assessment roll, and have permitted the assessments against their property to become final. Nor are they, or any of them, appearing in this action or asking any relief whatever. Having thus permitted their property to become irrevocably bound, we can only conclude that they have received their money’s worth and are satisfied, and, since the act provides “that such estimate of the cost shall be held to be preliminary only, and shall not be binding as a limit to the amount that may be expended in constructing such system”, there is nothing to be considered except the point raised by the Attorney General, i. e., that the property owners have not had their day in court.
This contention will not bear analysis. The owners of property within the confines of each of the original districts had due notice under the statute, it is conceded,- of everything necessary at the time each
The fourth and last objection has its source, we think, in the language of the statute (Laws of 1917, p. 517, §1), which reads:
“Whenever it shall appear to the board of county commissioners that the consolidation of two or more diking or drainage improvement districts established under the provisions of chapter 176 of the Laws of 1913 and acts amendatory thereof will result in economy of the maintenance of such districts, they shall by resolution declare their intention to order such consolidation. . . .”
We find no other reason mentioned in the statute for consolidation save only “economy of the maintenance”, as above stated, and have no hesitancy in holding that the intent of the legislature was to authorize consolidation for such purpose only; and presumably the consolidation here complained of was sought and obtained for that purpose only. But while authorized for the purpose of securing economy of the maintenance only, there is nothing in the statute which in anywise limits the time within which consolidation may be made. Presumably, in many cases, if not in all, when the plans of adjacent districts have been adopted, it can readily be determined from a study of the plans whether or not economy of maintenance can be effected by consolidation or otherwise, with substantially as much certainty as the same question can be determined after construction is fully completed. The very language of the statute contained in §§ 5 and
The peremptory writ of mandate will issue as prayed for.
Parker, C. J., Fullerton, and Bridges, JJ., concur.
Reference
- Full Case Name
- Thurston County, Relators v. C. W. Clausen, as State Auditor
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Drains (9) — Establishment—Consolidation of Districts — Resolution — Description of Lands Included. An order for the consolidation of two drainage districts, made pursuant to Laws 1917, p. 518, § 3, is sufficient where it describes all of the territory included in the original districts, although it does not exactly follow the exterior boundaries of the original districts, due to the fact that the inclusion of a quantity of acreage which had been incorporated in each of the original districts made the following of the original lines superfluous in describing the consolidated district. Same (11) — Mode and Plan oe Construction — Hearing. Under Laws 1917, pp. 518, 519, §§ 5, 6, providing that all provisions of law applicable to original drainage districts shall apply to a consolidated district, and that the rights and powers of such districts shall be possessed by the consolidated district, and that consolidation shall not affect the indebtedness of original districts nor the liability of the lands therein situated, there is no necessity for a public hearing before the county board for the purpose of adopting plans for the improvement of the consolidated district. Same (16-2) — Assessments—Proceedings — Estimates — Cost oe Improvement. Under Laws 1917, p. 523, § 16, providing that estimates of the cost of a proposed drainage improvement are “preliminary only and shall not be binding as a limit on the amount that may be expended in constructing such system,” the fact that the actual cost of the improvement by a consolidated district is more than double the preliminary estimates made for the original districts is immaterial, where no objections have been raised by the landowners, and hence would not invalidate bonds issued to cover the cost. Same (5, 6) — Establishment—Notice oe Hearing — Sufficiency. The objection that landowners in a consolidated drainage district have not had their day in court as to districts in which they were not property owners is without merit, where ample notice by publication and by posting in three public places in each of the districts was given, and the organization of each district, its plan for improvements, the estimated cost and the amount of benefits were all matters of public record. Same (32-2) — Assessments—Power to Levy — Property Liable. It 'is within the power of the legislature to authorize drainage districts to make improvements at the expense of the property specially benefited. Same (2) — Establishment — Consolidation of Districts — Purpose. Under the power conferred on the board of county commissioners by Laws 1917, p. 517, § 1, to order the consolidation of drainage districts when it “will result in economy of the maintenance of such districts,” the board is authorized to order the construction of improvements by and on behalf of a consolidated district by taking up the work of its predecessors in whatever stage it may be.