119 Ky. 143 | Ky. Ct. App. | 1904
Opinion of the court by
Affirming.
By this action in equity the appellant, city of Clinton, sought to enforce a lien against the house and lot of the appellee, J. L. Franklin, for the sum, of $11.61, which sum was alleged to be his proportion of the cost of constructing a plank sidewalk 95 feet in length on Olay street in front of his property. Tt was averred in the petition that the making of the sidewalk was a work of public necessity, and that the council of the city, by ordinance duly enacted, ordered that it be made, notice of which was given appellee;
Appellant is a city of the fifth class, and the authority given it to construct and repair the streets and sidewalks within its corporate limits is conferred by section 3013, K. St., 1903, which provides: “The city council is hereby authorized and empowered to order any work they deem necessary to be done upon the sidewalks, curbing, sewers,-streets, avenues, highways, and public places of said city. The cost and expense incurred in constructing or repairing streets, avenues, highways, sewers and public places shall be paid out of the general fund of the city. The expenses incurred in making and repairing sidewalks and curbing -shall be paid by the owners of the land fronting and abutting thereon, each lot, or a portion of a lot, being separately assessed for the full value thereof to the entire length of the whole improvement, not exceeding a square sufficient to cover the total expense of the work, but the owners of such property shall have the right to make such improvements, if they prefer doing so, instead of paying for same. Whenever any
Wherefore the judgment is affirmed.