109 Ky. 1 | Ky. Ct. App. | 1900
OPINION OF THE COURT BY
AFFIRMING.
These five cases have been heard together, as they arise on the .same record, and involve similar questions. On
It appears from the record that both the contracts were made on behalf of the city by the board of public works, signed by the mayor, and approved' by the general council. It also appears that the work done by the contractor was in accordance with the contract, that it was accepted by the city engineer, that the amount payable by each property owner was apportioned by him, and that the apportionment was approved and- adopted by the general council. If, therefore, there was any error or irregularity in the proceedings, it was that of the general council, and not of any subordinate. Section 2S34, Kentucky Statutes, provides: “A lien shall exist for the cost of the original improvement of public ways, for the construction and reconstruction of sidewalks, and for the digging and walling of public wells and cisterns, for the apportionment and interest thereon at the rate of six per cent, per an-num against the respective lots. Payments may be enforced upon the property bound therefor by proceedings in court; and no error in.the proceedings of the general council shall exempt from payment after the work has- been done, as required by either the ordinance or contract; but the general council or the courts in which suits may be pending shall make all corrections, rules and orders to do justice to all parties concerned.” The plain purpose of this