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sr-011348;DATE: s TO: FROM: Il i v--- _ /~ ~.kx~: ~1,~,11/ C(TY OF SANTA MONICA /';/ r „ -. INTER-®EPARTlVIENT NiElVIO J., , ~, `, , ~ , ,_ December 23, 1947 ~..,, ^.€ s Memorandum Opinion Royal ~. So-rensen, Gity Attorney SUBJECT: PAYPTiENT OF TAXES ON PROPERTY OCCUPIED„~BY SPATE GUARD, ._ m._~_.~ rc - At its meeting of November 12, 1947, the City Council referred to this office communications from Peggy Burk C~,i,Ibert and. Names Ka Cossmanna In her communication s. Gilbert assed the city to pay her the sum of 219479 for taxes due on property owned by trier and used by the State Guard during the years 1942, 1943, 1944 and 1945. Mrs® Gilbert claims that_the city had. agreed to pay the taxes or_ the pro- perty for such period as the property was occupied by the State Guard, A search of the records fails to reveal any writing of any nature whereby the city made such an agree- ment; nor is there any reec-rd of any ox"fieial action. by the then council approving such a payment, Tars. Gilbert discovered in 1940 that the taxes on the property had not been paid and failed to file a claim with. the city until this time. QUESTIONS le May the city pay any claim which has not been presented in accordance with the provisions of the charter? 2. Is the city bound 'by a contract not entered into in aceor-. dance with the charter provisions? CO~aENT Section 1515 of the charter of the City of Santa Monica provides in effect that all claims for damages against. the city must be presented within & months after tae occurrence, event or transaction, from which the damages allegedly arose and all otaer claims or demands shall be presented within 6 months after the last item of tae account or claim acerueda Assuming for. the moment that the-city was obligated to pay the taxes on the property in question, sued obligation ceased_ upon the va.ca.tion of the property by the .State Guard, ..1- RECEIPT ACKNOWLEDGED IT IT--- 'T Y IT DATE: which vacation according to hrs. Gilberts in 1946. Consequently, more than 6 months the time when the last item of the account is well settled that compliance with laws claim against a city cannot be waived by a of Los Angeles (1941} 19 Gal (2d} 198. letter occurred early have elapsed since or claim accrued.. It relative to filing a city. Hall vs. City However, if it be assumed that in some manner yFrs, Gilbert could comply with the claims orovisioa of the charter, the city can not make the payment tq he-r as it would constitute a gift of public. funds as no contract vvas entered into in comma pliance with the charter. At the tine oP the alleged contract the then City Charter provided. in effect that the City of Santa Konica shall not be bound by a.n~ eontraet unless the same is in writing by order of the council, the craft approved by the eoun- eil and the same ordered to be signed by the b2ayor or some other person on behalf of the city.. Said section provided further that the contract must be signed by the authorized person and have the approval of the City Attorney endorsed thereon. In the ins start case there was no written contract nor is there any record of such a contract being authorized. In the ease of City of Pasadena vs. Estrin, it was held that the city was not bound by a contract which was not executed in accordance with the charter provisions. The charter provision under consideration in that instance orovided in effect that the city should not be bound by any contract unless the sane be made in writing, by order of the Board of Directors and signed by some officer on behalf of the city and the approval of the City Attorney endorsed thereon, At page 235 of said case it was stateda "It is too well settled to require a.n extended citation of authority that when, by charter or statute, the mode a;nd manner in which contracts of a municipal corporation may be entered into. is provided for and, as here, any other method is expressly or impliedly prohibited, no cone tract will be binding. on the municipality unless made in the manner specified and no implied liability can arise from the benefits received thereunder; .nor can the sane be the subject of ratification or an estoppel in Dais. (Rea_ms v. Goof, 171 Cal. 150 (Ann. Cas. 1917A, 1200, l 2 Pac. 293}, and cases therein cited.} The mode specified constitutes the measure of the power and persons dealing with a municipal corporation are chargeable with knowledge of the limitation of the authority of its officers and agents. {Foxen v. Gity of Santa Barbara, 166 Cal. 77 {134 Pac. 1142}, 2 As the. contract in its inception was void there cannot now be a ratification by the present City .Council, as the formalities required by the charter cannot be met. In the case of Crowe vs. Boyle (1920) 184 Cal 117, it was. pointed out that when t e legislative body of the city has the power to prescribe the method of entering into a contract, it may ratify a contract eAecuted without the formalities prescribed by them, but it cannot waive the formalities required by the charter. There is no proof that the promise to pay the taxes on the sub~fect property was made by a person authorized to spea'a. on behalf of the city. The statement may have been made by an individual commissioner who failed or was unable to obtain the necessary authority from the City Council. co~cL~szorr It is -recommended that the claim of hrs. Gilbert not be paid as she has not filed a claim within the time pre- scribed by the City Charter and that no valid contract was en- tered into between the city and qtrs. Gilbert. It is the opinion of this office that any payment made to Ctrs, Gilbert pursuant to her c:Laim would constitute a gift of public funds end would be an illegal expenditure. Yours very truly, o al `h$,i~~ sen ty Attorney R~1~, mk 3 .- ~ti~ ~ a *'Y six. s1. o ~~:d+`.~.'V ~l+~S83 °5`u" p r ~ 'l,+," l ~ ~}. f?C24..._._ ..~_..~ .: ...... .....>.~..... .. .f~~ AAA.., j. ~,,~_L.~. gua J <i F ~ry q fqq~. fy :.a.3~Yx3 aI JY?7_Yw) °/5~.3. L~VS 2,ga`~. . a '~c'£'.~.°. z,C'~'6°.. is ~i.C~:l'35:°`u i:).~.~ 'S. 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In these commu- nications it ~uas claimed that the city ovas liable for the payment of taxes on certain real property owned by IlPrs. Gilbert and used by the State Guard from 1942 to 1946. A search of the records has not disclosed any written agree- ment with Pers. Gilbert nor have we been able to find a record of any official action authorizing such payment. It is recommended that the claim of P,Irs. Gilbert not be paid as she has failed to file a claim within the time prescribed by the City Charter and no-valid contract was entered into between the city and P~Irs. Gilbert. It is the opinion of this office that any pay- ment made to Pairs. Gilbert pursuant to her claim, would con- stitute a gift of public funds and sarould be an 111egal ex- penditure. ~~~~~ Ro a1 Pi. Sorensen ty Attorney RIutS: mk RECEIPT ACKNOWLEDGED -°----- IT IT--- 'T S IT DATE: ... 18 ~-~ a - ~ t~ ~~'- ~ ~.~~ ,~ ti ~; ~ ~ ~~-1 ~.}) ~ ~~ `'~j `~j ;.7 e_.~.~,i;(J ~. ~C~ 3 }2, ~ is i.~ ~ -- ~'S-'s j ~~t ~ ?~. !.~ a I ~ f, c.J ~'-st' ~ ~ ~~ 1 ~~ `l ~ . ~. <._. ~~.-i..uJ~;i....~J..~C"~-C?~:,t-~.~_c:_A..,.z.-~r-t. l-~.e, Cr~_L r ,I ~ ~ .}',} l i ~..C. .. ~~.CA-UJ V C3-4_L'Y'.A '~. 'v'a--l' ~.->1.C:~~~ ~,.~y.J`2_.J'YY"L ..TYYi.I.~...~ f~ZOYY'1..Q, /i~~. 1 ' y ~ ~~d p7_ ~ r~ -~- J .J 'Y"' y L..Lu~. i6 ~~ i.J`l i.. ~ 1 ~#~-k., ,.J~i -~:~(`?~s`'~~,.i°~.. ` ~. ~ U" -/J~~ ~ ~ I .7 - ~ 7 "~{ -'- .fiT3 a. 1 r ~ +.-..- ~~ ~~ c_t- ~~ 999 $" ~ $$'~9-~°~-l'~ °v~, c C'-~-'~ aL g,~ I ~ J to Y'1.' T' o ~' ., _ -~-- ~ ~ e... t._ ~~ a ~ I _ a Y~,F' j i t w t ~ ~- + .C%re. L_,r~ Y°L C? 1 _! , ~ ~"rY"~~ YY ~ ~ ~rL o I j v -.~~C~Z..CJI, .-~,;Y~~, '.., ~- 11 ~. ~.n ~ s -~, L. ~ s ~ ~ r y ~j -. ~--Q.- ~~ ~,..a„ A,C, L..~. ~ 1 1 _t~ ~~ ~ t, r~ .~}Ce., r-`~- '~%~., ~i'`~?-z.f~YY' ; , ,.~ /,? ,.a...l.a-L.~i,.~2 C...t.~J~~w.l~`;'-L.V ~7 C'i ~ x~. `~ FsL..{ C~.,3-~ :a~ ~f ~ ~ '~ I o _--~- ' ~ ' ~.,~ f2~-'.::) e~.~.°t.C%_,.l..{.r_,,_.4.~`t'~ ..,7.-tJ '..'~'`..^~ _..'l~-Y'i.a:,t_~,~.~., ..-~,?'2.r t/„,L..:...$-:'..,2.'Y"?, 4 ~..; ~._. .a L. m J' , .r~u n ''~. ,' ;.-L J \v~ -b"~-~f`v `v"tv'Lt";:r:2.,i..~~--Y-;.._? ...~`~._. ~ ~ s } p i 111 - _ i.v i l : ~~.... t_L~`Y':at: ~ ~ ~ ~ ~..~~ 1 ~ ~~~ J !! `t. ~ ~ y~ ~~ ~- ~ ~- ~ f y- 3 ) J ~~; L: ~t r '. Z ~ G-.~.1 uY4 t~~ ~ ~:.4~~. y~~ ~~ ~~ 0 1 ~ }, ~~ /l ~t 1 _ 1-41 ~,2~r-y C'%-~j;.~.t.C: C_t;:Z.4. t3-~ L~~°2& ti i ~ t, a~~-~.i~~'-tom fl r ~~ ~ 3 i~ °.~ ~ r Il 7 7 a .. rrv~ ~ ~~ ~ ... e ~ ~ ,, a 't ~-- ~~~L..vi....~-~, `-+~ ~ ~ ~ 1~ Nrt n fY-v-i. _ i~ ,~ ~~ -~.~ ~~~,^", d a , wH~ •-v- T T o wYxom It Kay C oneern 548 11th, St,, Santa Konica, Calif® No1r 6,1947 This is for the purpose of certifying that I have read the attached letter and that the statements contained therein are true and eorr®et® The city agreed to pay taxes on the lots in question for use by the local units of the State Guard. The Guard at the time of the agreement was engaged in guarding t'ae City hater Resevoirs 24 hours per day® Although. the agreement was never placed in writing, I considered it as binding, and it is my personal, opinion that the claim for reembursement from the Sity is entirely ~ust® Tf necessary,.I am very willing to appear before tlae council and present a detailed explanation of the entire matter. ~~ ~ ;'tea-~~~^~`~,."~'~ ~~aTames K, Cossmann { Ka3or,CSG ) { Coy, ending 1st, Bn.,4th Rgt. at time of negotiations]