Lake v. City of Decatur

Citations

• 91 Ill. 596

Syllabus

<p>1. Special assessments—appointment of commissioners by county court not unconstitutional. The act of 1872, conferring power upon the corporate authorities of cities, etc., to make local improvements by special assessments, etc., is not in violation of sec. 9, art. 9, of the constitution because it authorizes the appointment of commissioners by the county court to assess benefits. The legislature clearly has the power to so authorize the appointment of commissioners, where the corporate authorities have determined that the improvement shall'be made, and what its character and cost shall be.</p> <p>2. Same—validity of ordinance appointing engineer to fix grade. An ordinance for the improvement of a street of a city is not rendered invalid by the fact it requires the city engineer to fix the grade of the street, where the cost has been estimated by a committee appointed by the council, and their report is approved. This is not a delegation to the engineer of power to fix and determine the cost, or the extent and character of the improvement.</p> <p>3. Same—ordinance may confine special assessments to contiguous properly. While the provision of the constitution relating to special assessments is broad enough to authorize the assessment of property benefited by a proposed improvement, though not contiguous to the street to be improved, yet it does not require that such assessments shall be made on all the property benefited. Therefore, an ordinance is not invalid because it requires only contiguous property to be assessed.</p>