106 Ky. 234 | Ky. Ct. App. | 1899
delivered the opinion of the court.
The facts being substantially the same in these two cases, by consent of parties they are heard together. Both are suits upon apportionment warrants issued to appellees by the city council of Shelbyville for the cost of curbing and sidewalk in front of a lot owned by appellant, constructed under a contract with the city made pursuant to an ordinance, regularly approved, authorizing the letting of the work.
Appellant resists payment on several grounds. Tbe city council adopted an ordinance requiring appellant and other owners of certain described property within a specified time to construct sidewalks and curbing of h particular description in front of their respective lots.
There was no attempt to change or alter the grade of the street. The ordinance was simply requiring the property holders to reconstruct their pavements, and seems to us to be sufficiently specific and definite. The testimony shows that “granitoid” is a peculiar character of pavement, which is sufficiently indicated by its name.
Section 3569, Kentucky Statutes, provides that “in all actions to enforce liens, as authorized by this act, a copy of the ordinance authorizing the improvement or work, a copy of the contract therefor, and a copy of the apportionment, each attested by the clerk of the board of councilmen, shall be prima facie evidence of the due passage and approval of ihe contract, and of every other fact necessary to be established by the plaintiff in such action to entitle him io the relief authorized to be given in this act.”
The testimony shows that the ordinance requiring the pavement to be built was published in a newspaper for the time required by the charter. There can1 be no question that the city authorities have the right to order sidewalks constructed or reconstructed, and to require payment therefor from the abutting lot-owners. See section 3566, Kentucky Statutes; Loeser v. Redd, 14 Bush, 18; Purdy v. Drake, 17 Ky. L. R., 819, [32 S. W., 939]; and Board of Councilmen of Frankfort v. Murray, 99 Ky., 422, [36 S. W., 180].
Another alleged error relied on is that the judgment for the whole of the cost of the improvement is against the interest of the life tenant.
The proof fails to support the contention of appellant that he has suffered injury as a result of changing the grade in constructing the new pavement. In fact, the proof is conclusive that there has been no change in the grade, so far as the curbing is concerned. The only change was to reduce the slant along a portion of the pavement so as to make it level, and in conformity with the remainder of the sidewalk. For the reasons indicated the judgment is affirmed.