Amunicipal Corporation v. State City of Kanicakee

A MUNICIPAL CORPORATION, Claimant, vs. STATE CITY OF KANICAKEE,

O F ILLINOIS, Respondent.

Opinaon filed March 9, 1943

VICTOR N. CARDOSI, for claimant.

GEORGE F. BARRETT, Attorney General; ROBERT V. OSTROM, Assistant Attorney General, for respondent.

SLRvIcm-Zapse of npproprzataon before paynzent-szLficaet unexpended balmice an-uhen award for value of may be made. Where services are rendered to the State, under contract lawfully entered into and a bill submitted for the amount due thereunder, ,within a reasonable time, which is undisputed, and due to no fault or negligence of claimant, same is not approved and vouchered for payment before lapse of appropriation from which it is payable, an award may be made for the amount thereof, where at the time said servipes were performed there were sufficient funds remaining therein to pay same.

J.

ECKERT,

Prior to the year 1939, the City of Kankakee, Illinois, constructed a sewage treatment plant and outlet sewer for the treatment of the sewage of the City of Kankakee. The untreated sewage of the Kankakee State Hospital was collected by, and flowed through the outlet sewer so constructed, and the sewage mas then treated by this plant. The Department of Public TVelfare af the State of Illinois, prior to 1939, had been authorized to, and had entered into an agreement with the City of Kankakee, for the treatment of the Kankakee State Hospital, for its share of costs of'operation and maintenance of the treatment plant and sewerage works, and the cost of coastruction of the sewage treatment plant and the sewers was shared by the City of Kankakee and the Department of Public Welfare.

In 1939 certain additional work was needed at an estimated cost of $22,000.00. By Act. of the General Assembly (Senate B i l l h o . 520,. filed July 25, 1939) the Department of Public Welfare was authorized and directed to enter into an agreement and contract with the City of Kankakee for the payment of a part of the cost of constructioh of such addi[*394]tional work and equipment, the share to be paid by the Department of Public Welfare to the City of Icankakee not to exceed the sum of $9,100.00. By the same Act, the sum of $9,100.00, or so much thereof as might be necessary, mas appropriated to the Department of Public Welfare for the purpose of paying the State’s share for such additional work, as follows:

“For the State’s share of the construction of automatic screening plant and superstructure for hospital and south side sewage ( at West Kankakee Diversion -Chamber) .............................................. $5,475.00.

“For the State’s share of the construction of roadway surfacing (6,00@ square yards) ; work shop, garage and storeroom building; concrete sidewalks, curbs, and gutters at plant; continuation of drainage and landscape program; apparatus and materials for experiments on chemical precipitation; miscellaneous automatic gates, flood control gates and river water distribution lanes .................................................

The entire first portion of this appropriation, and $464.73 of the second portion, was unexpended when the appropriation lapsed.

Pursuant to this Act of the General A.ssembly, the State

of Illinois, by its Department of Public Welfare, entered into

a contract with the City of Kankakee, Illinois, on November

10, 1939. ’By the terms of this contract, the State agreed to pay the City of Kankakee 73% of the total cost of the construction of an automatic screening plant and superstructure for the Kankakee State Hospital and south side seuTage, the

State’s share not to exceed the amount of the first item of the appropriation, or $5,475.00. The State also agreed to pay one-fourth of the total cost of other additional work as itemized in the appropriation, the State’s share not to exceed the amount of the second item of the appropriation, or $3,625.00. The City of Kankakee agreed to pay the percentage difference between the cost and the State’s share, and to proceed with the needed improvements.

The City of Icankakee performed the contract in accordance with its terms, and the work as completed was approved by the Department of Public Welfare. The Department, however, failed to pay the City of Kankakee the moneys due under the terms of the contract, because the claim of the City of Kankakee was not received by the Department until after the appropriations under the Act had lapsed.

The Department of Public Welfare, after making an audit on Marc11 30th and 31st, 1942, found the amount due the [*395] City of Kankakee to be $3,284.97. Of this sum, $3,184.98 is due for the State’s share of the construction of the automatic screening plant and superstructure, and $99.99 is due for the State’s share of the remaining work. Both items are therefore clearly within the respective itenis of the lapsed appropriation.

Claimant has performed services for the respondent in accordance with a contract duly authorized by the General Assembly; claimant submitted its statement of costs and charges to the respondent within a reasonable time and has not received payment; such non-payment is due to no fault on the part of the claimant ; when the charge was incurred there remained a sufficient unexpended balance in the appropriations from which payment could have been made. Claimant is therefore entitled to an award. ( Rock Island Swd amd Gravel Cornpalzy vs. State of Illinois, 8 C. C. R. 165; Elgilz, Joliet m d Easterlz Railway Cornpamy vs. State of Ilkimois, 10

C:C. R. 243.)

An award is therefore made in favor of the claimant in the sum of $3,284.97.