sr-011348;DATE:
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TO:
FROM:
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~1,~,11/ C(TY OF SANTA MONICA
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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
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CITY OF SANTA MONICA
16VTER-DEPARTMENT MEMO
DATE:
TO:
FROM:
December 22, 1947
City Council
Royal PAS. Sorensen, City Attorney
SUBJECT: CLAIPi OF IVES. GII,BLRT
At your meeting of November 12, 1947, your
Honorable body referred to this office communications from
Peggy Burk Gilbert and James K. Cossmarn. 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
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RECEIPT ACKNOWLEDGED
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IT IT--- 'T S IT DATE:
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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]