Dutton v. City of Aurora

Citations

• 114 Ill. 138
• 28 N.E. 461

Syllabus

<p>1. Water works in cities and villages—powers in respect to their construction, etc.—act of 1873, in its application to cities acting under special charters. The act entitled “An act authorizing cities, incorporated towns and villages to construct and maintain water works, ” approved and in force April 15, 1873;i applies to all cities, whether incorporated under special charters or under the general law, except in cities, towns or villages in which water works were at its passage managed and controlled by a board of public works.</p> <p>2. The first section of that act, in giving cities, towns, etc., power to provide for a supply of water by the erection, construction and maintenance of a system of water works, leaves the municipal authorities unrestricted as to the character and cost or the means whereby the supply of water shall be provided, and authorizes them to borrow money to the extent needed to make the contemplated improvement, and to this extent operates as a repeal of all limitations in their charters on their power of contracting indebtedness and borrowing money on bonds to be issued by them.</p> <p>3. Implied municipal powers—in aid of express powers. An express grant of power to a municipal corporation, or other person, to do a given thing, carries with it, by implication, authority to use the necessary means by which it can be done. So the' power to borrow money for a proposed public improvement by an incorporated city, gives, as a necessary incident, the power to issue its bonds for the money.</p> <p>4. Municipal indebtedness—limitations as to power of contracting. A limitation in a special city charter as to the rate of taxation is binding only upon the municipal authorities, and not upon the General Assembly; but section 12, of article 9, of the constitution, which prohibits the incurring of corporate debts exceeding five per cent on the value of the taxable property of the municipality, is equally binding on the legislature.</p> <p>5. Repeal oe