Show CITY GITY LAYS DOWN DON DEn DElI TO COUNTY CLAIM GLAIM I t Legal gal Proceedings May Re Re- s suit lt From Commissions Commission's Refusal Refusal on Attorneys Attorney's Advice to Pay PayA Bill BillA j I A controversy which may lead lead to a lawsuit has has' arisen between the city I c commission and the county I a slon as a result of the city's announced refusal to pay the county 2698 for I weed eradication during 1919 and 1920 The city's refusal to pay the claim I Iwas I was approved by the city commission toda today upon tho the receipt of a recommendation recommendation recommendation from City Attorney W. W II IL F l olland Folland that the claim be denied L Under the weed eradication law tho the county authorities are empowered to eradicate weeks within the tho county and to to assess the costs against the property property property prop prop- erty owners The claim against the city is for weed eradication on city streets fir Hr r. r Folland's recommendation that the claim be denied was presented after atter the question had been under consideration tion In the city attorneys attorney's office for several months The claim was first presented to th the city last spring by County Auditor M M. L L. L Scott The city attorneys attorney's on Is as follows We Ve have Investigated this matter matterand matterand matterand and feel that the law which attempts to place the burden upon the city of paving p the county for the removal of weeds within the city is one which en encroaches encroaches encroaches en- en upon the powers duties and obligations of the city In the control of Its streets and that therefore the k law should be bo followed strictly in every particular before the city can be made liable Hable for this sort of claim I do not find that notices were given as provided provid provid- ed ad by law for the years ears covered in these Claims The city certainly had no opportunity op- op op opportunity p- p to appear before the board of county commissioners In the way provided by the statute nor had the pity city ty officers any opportunity of su supervising supervising su- su this work or of obtaining personal per per- s nal knowledge of its necessity or ac actual actual actual ac- ac completion It appears that in 1920 Mr Burton undertook to to take care of the weeds within the city limits Imm immediately up upon n his attention being called caned to the subject subject subject sub sub- by Mr Fox I am of the opinion therefore that claims for tor cutting weeds ought not to be paid unless t the e statutory statutory statutory statu statu- tory procedure is strictly followed b by county officials who seek to Impose this liability upon the city treasury There is also some doubt as to the validity of ot the law but I am not able td to state that the law is invalid because of a decision of the supreme court where it was h hold Id that the legislature could r require the city to pay to the county the cost o of caring for delinquent children at the county detention home |