City of East St. Louis v. Albrecht

Citations

• 150 Ill. 506
• 37 N.E. 934

Syllabus

<p>1. Special assessments — for improvement already made. A city can not, by accepting and adopting an improvement of a street, compel property owners to pay for it by special assessment or special taxation. The statute does not contemplate tbat the city council shall go on and make the improvement, and after it is completed levy and collect a special assessment or tax to pay for the same.</p> <p>2. The first step to be taken in making a local improvement to be paid for by special assessment, is the passage of an ordinance specifying the nature of the proposed improvement, and the mode in which the cost thereof shall be collected; and until such ordinance is passed, as required by the statute, no work can be done or expense incurred which can become a charge on the property of the land owner.</p> <p>3. Where the improvement has been ordered by ordinance, and the assessment has been annulled by the city council or boa'rd of trustees, or set aside by any court, a new assessment may be made as provided in section 46 of article 9 of the City and Village act. In such a case the existence of an ordinance when the work was done is the basis of the re-assessment; and even when the original ordinance proves defective, and insufficient to support an assessment, yet if not absolutely void it may be amended, or the defect cured by a supplemental ordinance, and a re-assessment made.</p>