Drexel v. Town of Lake

Citations

• 127 Ill. 54
• 20 N.E. 38

Syllabus

<p>1. Municipal cobpobatioN'—powers as to public improvements — pumping works as connected with a system of sewerage. Upon the principle that the grant of a power carries with it, by implication, the right to use all means and instrumentalities necessary to a beneficial exercise of the power, the grant,of a general power to construct sewers, without any restriction as to the mode in which they are to be built or operated, must be construed with reference to the situation and requirements of the district in which the sewers are to be constructed, and must be held to confer authority to construct them in such manner and with such appliances as may be necessary to render them serviceable and effective.</p> <p>2. ' Where a system of sewerage of the ordinary kind can not be used to advantage, for want of sufficient fall to carry away the contents of the mains and pipes by the force of gravitation, village and other municipal authorities, under a general grant of power to construct main drains and sewers, etc., without any limitation or restriction as to the' mode in which they shall be built or operated, will have the right to construct pumping works, to be used in the working and use of the sewers.</p> <p>3. Special assessments—Town of Lake—power to construct sewers —how to be paid for. The town of Lake, by the fifteenth section of its charter, is vested with power to cause main drains and sewers, private drains and aqueducts, to be constructed, cleansed and repaired; and by section 16 it is provided, that the expense of any such improvement shall be defrayed by special assessments upon the real estate benefited thereby.</p> <p>4. Same—ordinance—whether for distinct improvements. Where it becomes necessary to establish pumping works in connection with a sewerage system, in order that the latter may be made to serve its proper purpose, and the combined improvement is provided for in a single ordinance, a special assessment to defray expenses of the improvement can not be