179 Iowa 975 | Iowa | 1917
On October 2, 1912, the city of Waterloo entered into a contract for the construction of a combined storm and sanitary sewer, 24 inches in diameter, from Eleventh Street to Thirteenth Street on Jefferson Street, it being found that the existing sewer, 12 inches in diameter, along the said street was inadequate and insufficient for the needs' of the property owners and of the city. The begin
The appellees claim that the new sewer was a duplicate service, and that they received no benefit from the construction of the second sewer. Appellees further contend that the only purpose of the 24-inch sewer was to carry off the water that collected on the Manning property, and, because was claimed that the 24-inch sewer would relieve the condition at Manning’s, the city claims that all properties between Eleventh and Thirteenth Streets would be benefited. And they claim that the new 24-inch sewer did not relieve storm conditions at the Manning corner; and appellant concedes that, in two or three instances, when there were heavy rainfalls, which appellant calls cloudbursts, the new sewer was not adequate, but claim that, conceding this to be true, still this fact does not make the improvement the less a benefit.
The entire cost of the new 24-inch sewer was $3,128.87, of which $1,800 was assessed against all of the lots abutting on said improvement, and, as the city claims, in proportion to the special benefits accruing to each lot within the two blocks; and the balance of the $3,128.87 was paid for out of the West Side Sewer Fund. The 20 lots between Eleventh and Thirteenth Streets were assessed $90 each, which, according to the assessment plat prepared by the city engineer, as we understand it, was the cost of the construction in front of each 60-foot • lot, or rather*' its full proportion of the $1,800 which was assessed against all the lots.
The new sewer was constructed in accordance with the plans and specifications prepared by the city engineer for sewers throughout the city of Waterloo, and was inspected by him during its construction, and it-empties into a 36-inch sewer which flows into Cedar River on Thirteenth Street,
In the recent case of the Chicago, R I. & P. R. Co. v. City of Centerville, 172 Iowa 444, a paving case, decided since the trial of the instant case in the district court, Mr. Justice Weaver, speaking to this point, said:
‘‘This discretion includes the authority to assess such cost upon the abutting, property, in proportion to the benefits accruing to such property. It follows, we think, that the order of the city, council, acting in accordance with the statute for the paving of the street and assessment of the cost upon abutting property, is not subject to control or interference by the courts; and (still assuming that the provisions of the statute have otherwise been observed) the question to be considered, upon an appeal from the assess
We deem it unnecessary to refer further to the testimony upon either side, but, from the record, our conclusion is that there should he some assessment against these properties, but, because of the condition of the record, the cause is reversed and remanded for the purpose of determining the amount of the assessment against each property. — Reversed and Remanded.