City of Kankakee v. Potter

Citations

• 119 Ill. 324
• 10 N.E. 212

Syllabus

<p>1. Special assessments—sufficiency of the ordinance, as to the nature and description of the improvement. An ordinance provided that the sewer through an alley in a given block of the town be reconstructed, and deepened to as great a depth as its connection with another sewer named would admit, the grade of bottom to be as thereafter established by the city surveyor, and. after fixing its locality, provided that the character of the work should be the same as the then present sewer, and that the materials in the old sewer should be used in the new, as far as possible: Held, that the ordinance was defective in failing to give, with sufficient certainty, the character, nature and description of the proposed reconstruction of the sewer, and that no special assessment based on the same could be enforced.</p> <p>2. If the ordinance which is the foundation of a special assessment does not contain a description of the nature, character and locality of the improvement, the court will have no authority to confirm the assessment.</p> <p>3. Same—degree of certainty required in ordinance. The ordinance for the proposed improvement must prescribe the nature and character thereof with such definiteness and certainty as to furnish data for an intelligent estimate of its cost. When it can not he gathered from the ordinance itself whether a sewer is to be built of brick, stone, iron or wood, or what are its dimensions or capacity, it will be insufficient to justify a special assessment.</p> <p>4. It is not necessary that an ordinance for the construction of a sewer by special assessment shall set forth the details and all the particulars of the work. A substantial compliance with the statute is all that is required.</p>