Murphy v. City of Peoria

Citations

• 119 Ill. 509
• 9 N.E. 895

Syllabus

<p>1. Municipal corporations — of their powers—as to the mode of improving streets. Where a city, by special charter, is invested with the exclusive control of its streets, and with power to regulate and improve the same, the manner in which they may be improved, must in a large measure he left to the discretion of its authorities; and they may rightfully cause a street to he graded, and when its entire width is not needed for travel, they may cause a strip in the centre thereof to be sodded, instead of graveling the entire street, and provide for the payment of the cost,thereof by special assessment upon the property benefited thereby.</p> <p>2. Same—of a single improvement embracing different elements. A city, under its general power to improve its streets, may properly provide, by ordinance, that a street shall be improved, by grading the same, the sodding of the centre thereof, the graveling of the sides, and for the construction of a sewer under the same; and this will constitute but one improvement, although containing different elements.</p> <p>3. Special assessments—powers of municipalities—as to character of improvements to be made. Where a city acting under a special charter has adopted article 9 of the general act in relation to cities and villages, it will have the power to construct sewers under its streets by special assessment, without regard to its powers in this respect under its special charter.</p> <p>4. Same—appointment of commissioners—at a probate term of county court. = The county court is authorized by the statute, on petition to appoint commissioners to make a special assessment for the improving of a street by a city, at a probate term, although the final hearing of the application to confirm the assessment may be required to be at a laiv term, as held in the case of East St. Louis v. Wittich, 108 111. 450.</p> <p>5. Same—of the notice of confirmation—its sufficiency. An affidavit of one of the commissioners appointed to make a special asse