Enos v. City of Springfield

Citations

• 113 Ill. 65
• 1885 Ill. LEXIS 666

Syllabus

<p>1. Local improvements in cities and villages—as to the various modes of assessment—the general Incorporation law construed. The object of the legislature, by sections 116 and 132, chapter 24, article 9, relating to cities and villages, was to provide two modes for making local improvements,—one by special assessments, and the other by special taxation of contiguous property,—and to authorize the corporate authorities of cities and villages to determine by ordinance which mode should be adopted.</p> <p>2. Section 132, of article 9, chapter 24, of the Bevised Statutes of 1874, when considered in connection with the constitution, on the same subject, and the other sections of the same article, is not to receive a literal construction. These various provisions, when so considered, show that two distinct systems of local improvements are provided for, and section 132 is to be understood as requiring only such portions of the statute in regard to special assessments to be.followed as may be consistent with special taxation.</p> <p>3. Section 139 of the same article, which provides for ascertaining benefits in special assessment proceedings, has no bearing whatever in a proceeding by special taxation.</p> <p>4. Same—special taxation—in proportion to frontage. In case the council adopts special taxation as the mode in which a street improvement shall be made, it has the power to require that the cost of the same shall be assessed upon the lots abutting upon the streets in proportion to the frontage of the lots upon the same.</p> <p>5. Same—curbing—as part of a street pavement. It is no valid objection to an ordinance for the paving of a street by special taxation, that it provides also for a curb-stone on each side of the street to be included in the estimate of the expense of the improvement ordered, as such curbing may be regarded as a part of the pavement.</p> <p>6. Same—publication of ordinance for street improvements. An ordinance of a city for the paving and curbin