Kohler Brick Co. v. Toledo ( City)

Citations

• 19 Ohio C.C. Dec. 599

Syllabus

<p>ASSESSMENTS — SEWERS.</p> <p>Haynes, Parker and Wildman, JJ.</p> <p>1. Necessity oir Notice of Sewer Improvement and Assessment.</p> <p>The notice required to be given, to owners of property benefited, of resolutions and proceedings for the construction of a sewer system is not applicable to a case where the council is proceeding to construct a sewer that is a part of a general system that has already been planned, and provided for by proper proceedings.</p> <p>[For other cases in point, see 1 Cyc. Dig., “Assessments,” §§ 196-222; 6 Cyc. Dig., “Municipal Corporation,” §§ 1237-1268. — Ed.]</p> <p>2. Method of Assessing Property for Public Improvement.</p> <p>Where unplatted property abuts on a sewer or other improvement within a municipal corporation, a part of which is not benefited by such im- ' provement, it is within the power of the council to limit the assessment on such property to the extent of the* benefits received, by assessing same proportionately to the depth of an ordinary platted lot.</p> <p>[For other cases in point, see 1 Cyc. Dig., “Assessments,” §§ 300-371. — Ed.]</p> <p>3. Nature of Ordinance Providing for Assessments.</p> <p>An ordinance providing for the assessment of property benefited by sewer improvements is of a special nature, and not within the meaning of Rev. Stat. 1695 (Lan. 1308) which requires the publication of ordinances of á general nature.</p> <p>[For other cases in point, see 1 Cyc. Dig., ‘-¡Assessments,” §§ 169-195; 6 Cyc. Dig., “Municipal Corporations,” §§ 1280-1303. — Ed.]</p> <p>4. Effect of a Bond Issue' for Cost of Improvement.</p> <p>Where a bond issue is provided for the payment of the whole cost of sewer construction no certificate from the auditor, that funds are on hand to pay for the sewer, is required.</p> <p>5. Slight Change in Sewer Plans not Objectionable.</p> <p>Slight changes in an adopted sewer plan will not invalidate the legislation or assessments where the sewer is not rendered less serviceable, or valuabl