White v. City of Alton

Citations

• 149 Ill. 626
• 37 N.E. 96

Syllabus

<p>1. Stbeets—improving beyond the requirements of an ordinance. A city or village lias the right to extend the improvement of a street, required by ordinance, a few feet into cross-streets, not as a part of the original improvement ordered, and not to be paid for by special taxation, but independent of it, to be paid for by the city or village by general taxation.</p> <p>2. Same — improvement—letting contract to an alderman after his resignation. An alderman of a city and a member of the committee to estimate the cost of a proposed improvement of a street, may, after his resignation is made and accepted, become a bidder to do the work required, and the letting of the contract to him by the city will furnish no ground for refusing a confirmation of a special tax levied to raise money to make the improvement, when no fraud is shown in his action.</p> <p>3. Special assessment—confirmation—change of grade of street. Proof of the change of the grade of a street sought to be improved is no defense to the application of a city to confirm a special assessment or tax levied for the purpose of improving the street. If a property owner is damaged by the change of grade, he will have a remedy in an appropriate action.</p> <p>4. Same—of the ordinance—reference to other ordinances. A petition for the confirmation of a special assessment for the improvement of a street is required to be in the name of the corporation, and is required to recite the ordinance for the proposed improvement, and the report of the commissioners. But when the ordinance, set out in hcec verba, requires the improvement to conform to the grade of the street as established by a prior ordinance, it is not necessary that the ordinance so referred to shall be set out in the petition.</p> <p>5. Same—the assessment roll—omitting owner’s names. The statute requires the commissioners to make an assessment roll, in which shall appear the names of the owners of the lots, so far as known. When their names are not giv