56 Mo. 104 | Mo. | 1874
delivered the opinion of the court.
Action on a special tax bill for curbing, guttering and macadamizing Caroline street and paving the cross-walks thereof, in front of the property of defendant, situate in city block No. 1,275. An ordinance, No. 6,583, was approved July 3rd, 1868, by the first section whereof the city engineer was “authorized and instructed to cause” said street between two given points, “to be graded, curbed, guttered, macadamized and the cross-walks and side-walks -to be paved.” The contract for the performance of the above mentioned work was entered into Jiriy 31st, 1868, and the dimensions and manner of such work were duly sefforth therein ; the grading to be paid for by the city, and the residue of the work by speial tax-bills assessed against property owners. Before however, any of such work constituting a charge against such owners was performed, the city by a supplementary ordinance No. 6,962 approved June 29th, 1869, amended ordinance No. 6,583 and a number of others of like sort. The amendatory ordinance declared all contracts yet remaining unfulfilled, which had been made under such former ordinances, valid and binding, upon condition that the contractors would file their written acceptance of such amendatory ordinance with the city engineer, &c., — as was done in the present case, — on the 10th of J uly, next succeeding the passage of the ordinance referred to. By the terms of her charter (§ 9, p. 73, Laws 1867,) the city was empowered through her council, * * * * * “to cause the construction ***** of all streets, alleys and public highways within the city, at such time and to such extent, and of such dimensions and material, and in such manner and under such general regulations, as may
That portion of the jndgment, which is personal or general in its character, will be reversed, and’ that portion of such judgment which looks to the enforcement of a lien against the property will be affirmed.