122 Ky. 29 | Ky. Ct. App. | 1906
— Affirming.
The general council of the city of Covington enacted an ordinance providing for the reconstruction of the sidewalks on Eighth street, between Greenup and -Bussell streets. The material to he used was artificial stone. The general council also assessed the whole cost of the improvement against the property fronting and abutting on the sidewalk. The question involved is, are the abutting property owners liable for the cost of the improvement? The property owners resisted the payment of the cost of the sidewalk upon ihe following grounds: (1) That the improvement was' original construction, and the owners of the abutting property did not petition the general council to have it made; (2) that if it is not original construction, and only a reconstruction, they are liable for only one-half of its cost; (3) the-contractor failed to perform the work according to contract and specifications; (4) that there was a good sidewalk of brick, consequently no necessity for the improvement, and to require them to build the sidewalks was an act of spoliation.
We will not consider the questions in the order in which they are stated. Most of the questions raised will he determined by the ascertainment of the meaning of section 3096, Ky. Stats., 1903, which reads as follows.: “The general council may, by ordinance, provide for the construction or reconstruction of the streets, alleys and other public ways and sidewalks, or parts thereof, of the city upon the petition of the owners of a majority of the front or abutting feet of real estate abutting on such proposed improvement, or without a petition by a vote of two-thirds of the
By this section the general council may by ordinance provide for the construction or reconstruction of streets, alleys, and other public ways and side
It is urged that the property owners should not be burdened with the cost of the improvement, because at the time the ordinance was passed there was a good brick sidewalk which had been put down under an ordinance at the cost of property owners. The general council is the judge as to the necessity of sidewalks. Trustees of Hazelgreen v. McNabb, 64 S. W., 431; 23 Ky.. Law Rep., 811; Hackworth v. Louisville Artificial Stone Co., 50 S. W., 33; 20 Ky. Law Rep., 1789.
It is urged that the property owners should not be required to pay for the improvement, because the work was not completed according to contract. The property owners stood by and saw the work completed, and it is too late to complain now. Had they desired relief from the courts, the appeal should have been, made before the work w!a,s completed and accepted. Preston v. Roberts, 12 Bush, 570; Fehler v. Gosnell, 99 Ky., 388; 18 Ky. Law Rep., 238; 35 S. W., 1125.
The judgment is affirmed.