Barnes v. City of Parsons

Citations

• 77 Kan. 311
• 94 P. 151
• 1908 Kan. LEXIS 264

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities and City Officers — Paving Streets — Special Tax— Injunction. The power given to cities of the second class to grade streets, avenues and alleys and pay therefor by a general tax on all taxable property within the city, and the power to construct paving, curbing and guttering by resolution, as provided in section 1016 of the General Statutes of 1901, are separate and independent of each other, and a special assessment levied against abutting property owners to pay for paving, curbing and guttering constructed in pursuance of such a resolution will not be enjoined on account of any irregularity in the action of the city council in making the grade upon which such paving, curbing and guttering rests, such irregularity ■ not affecting the amount of such special assessment.</p> <p>2. -Power to Modify Prior Action. Where a city council acquires jurisdiction to pave, curb and gutter a street by resolution passed and published, as provided by section 1016 of the General Statutes of 1901, it has the power to take all-the necessary steps to construct such pavement properly, and may amend or modify its action therein without losing the jurisdiction so acquired.</p>