151 N.E. 888 | Ill. | 1926
May 23, 1925, the city of Dallas City, a municipal corporation operating under the Commission Form of Municipal Government act, filed in the county court of Hancock county a petition under the Local Improvement act praying for the confirmation of a special assessment to be levied against the property benefited to pay the cost of a system of sewers to be laid in the streets and alleys of the city. Appellees filed a motion to dismiss the petition on the grounds, among others, (1) that there was not attached to or filed with the petition a copy of the ordinance providing for the improvement, or of the recommendation of the board of local improvements, or of the estimate of cost; and (2) that the ordinance upon which the petition is based had not gone into operation and was of no force and effect when the petition was filed for the reason that thirty days had not expired after the passage of said ordinance, during which time the electors of the city had the right to present a petition for a referendum. Upon consideration of the motion the petition was dismissed, and this appeal followed.
This is a special statutory proceeding and its validity depends upon a compliance with the provisions of the statutes applicable to it. Section 37 of the Local Improvement act gives the county courts jurisdiction of the general subject *320
of special assessments and their confirmation. The filing of the petition in this case gave the court in which it was filed jurisdiction of the particular case and of the petitioner. (Village of Elmwood Park v. Mills Sons,
Treating the motion to dismiss the petition as a general demurrer, it presents the question whether section 48 *322
of the Commission Form of Municipal Government act applies to proceedings under the Local Improvement act. We have held that section 33 of the former act, which provides that every ordinance ordering a street improvement or sewer shall remain on file with the city clerk for public inspection, complete in form, at least one week before it is adopted, applies to an ordinance ordering an improvement under the Local Improvement act. (City of Ottawa v. Hulse,
Other questions are suggested in the brief of appellees, but they do not arise on this proceeding. They can arise only on objections filed to the confirmation of the assessment roll.
The judgment is reversed and the cause remanded to the county court of Hancock county for further proceedings.
Reversed and remanded. *324