Albrecht v. City of Cincinnati

Citations

• 104 Ohio St. (N.S.) 266

Syllabus

<p>Municipal corporations — Special assessments — Section 381%, General Oode — Street improvement proceedings — Sanitary sewer authorised, when — Resolution and ordinance — Limited to one subject — Section 1¡%%6, General Oode.</p> <p>1. A municipal legislative body is clothed with authority under Section 3812, General Code, to provide for the construction of a sanitary sewer as a part of a street improvement, and to levy assessments against abutting property to pay the proportion of the cost thereof. Unless, however, the proceedings to improve provide for the construction of a sanitary sewer, as a part of the improvement, no jurisdictional authority attaches to warrant the construction of the sewer, and the collection of assessments therefor may be enjoined. (Roebling v. City of Cincinnati, 102 Ohio St., 460, approved and followed.)</p> <p>2. When a city council in the resolution and ordinances providing for the improvement of a street includes as a part of the improvement the construction of a sanitary sewer, all under Section 3812, General Code, there is but one “subject,” viz: that of a “street improvement,” and the provision of Section 4226, General Code, is complied with if that subject is clearly expressed in the title.</p>