149 N.E. 258 | Ill. | 1925
On August 4, 1924, the president and board of trustees of the village of Northbrook, in Cook county, passed an ordinance for draining, grading, curbing and paving Shermer avenue, Shermerville road and Walters avenue between certain termini, except the central eighteen feet of parts of *362 Shermer avenue and Shermerville road, for the grading and paving of which, the ordinance recites, the State of Illinois and the county of Cook had entered into a contract. A petition setting forth the passage of the ordinance and the approval of the estimate of the cost of the improvement and of the recommendation of the board of local improvements, and praying that steps be taken to levy a special assessment in accordance with the provisions of the ordinance, was filed in the county court of Cook county. Objections were interposed to the assessment. Upon successive hearings all the legal objections were overruled, the assessment was reduced upon a certain parcel of land and confirmed as to all other property. Charles Sterba and Anthony Batek, two of the objectors, prosecute this appeal from the judgment of the county court.
After the appeal had been perfected, appellee, the village of Northbrook, made a motion in this court to strike the bill of exceptions from the transcript of the record on the ground that it had not been presented to the trial court within the time fixed therefor. The motion was allowed and the bill of exceptions was stricken.
Appellants originally filed one hundred and ten objections in the county court, but on motion of appellee they were ordered to specify the objections upon which they intended to rely. Pursuant to this order twenty-nine specific objections were filed. Thirteen of these objections need not be considered because errors are not assigned upon them. (Taylor v. Wright,
It is contended that the petition filed in the county court was not sufficient to confer jurisdiction upon that court because it was filed in the name of the president of the village and not in the name of the village itself. In the first sentence of the petition the village of Northbrook is referred to as the petitioner. The allegations of the petition and its prayer are by the village. The petition is signed, "August Therrien, president of the village of Northbrook." The manner of signing was not jurisdictional but merely an irregularity, which could have been corrected if an objection thereto had been made in the trial court. No such objection having been made there, it cannot be considered here. People v. BloomingtonCemetery Ass'n,
Appellants further contend that the State and county having entered into a contract for the improvement of the central eighteen feet of parts of Shermer avenue and Shermerville road within the village of Northbrook, the village is without power or authority to improve any portion of these streets between the same termini. This contention *364
was determined adversely to appellants in Village of Glencoe v.Hurford,
It is contended that the descriptions of the following items in the engineer's estimate of the cost of the improvement are insufficient, viz: "6932 square yards of steel mesh reinforcement, complete in place at 20c per square yard, $1386.40; 2431 lineal feet of one-half (1/2) inch fibre matrix and bitumen expansion joints, complete in place at 30c per lineal foot, $729.30; 234 feet of steel protection plates, complete in place at 25c per lineal foot, $58.50." In what respect these descriptions are insufficient has not been pointed out. No complaint is made that these materials are not adequately described in the ordinance. Section 10 of the act concerning local improvements (Cahill's Stat. 1923, p. 433,) requires an estimate of the cost of the improvement, itemized so far as the board of local improvements shall think necessary. It does not require that the estimate shall contain a detailed statement of the kinds or quantities of materials necessary for the construction of the improvement. The estimate is sufficiently itemized, so far as the property owners are concerned, if it is specific enough to give them a general idea of the estimated cost of the substantial component elements of the improvement. In Hulbert v. City of Chicago,
It is objected that there is a material and fatal variance between the estimate and the ordinance because it is asserted that no provision is made by the ordinance for engineer's or inspector's services. The estimate contains an item for "engineering and inspection, $1964." The ordinance provides that all the materials used in the construction of the improvement shall be subject to the inspection and approval of the board of local improvements; that the work shall be done in a workmanlike manner under the superintendence of that board, and that the improvement shall be constructed to conform to the plans attached to the ordinance. Appellants have pointed out no requirement which has not been observed. It is not necessary that the details of engineering and inspection work or a complete inventory of every article that will enter into the construction of the improvement shall be set forth in the engineer's estimate of its cost. Village of Donovan v. Donovan,
Complaint is also made by appellants that there is a variance between the estimate and the ordinance in respect of the weight of the catch-basin frames and covers. The estimate specifies two brick catch-basins, each with a cast-iron cover and frame weighing 320 pounds. The ordinance provides that upon the walls of each catch-basin shall rest a cast-iron frame and cover, the combined weight of which shall be not less than 320 pounds, and that these frames and covers shall be as shown upon a certain drawing attached to and made a part of the ordinance. The drawing gives the forms and dimensions of the frame and cover and fixes the weight of the cover at 150 pounds, but it does not give the weight of the frame. If both frame and cover weigh 320 pounds and the weight of the cover is 150 pounds, the weight of the frame can be easily ascertained. The use *366
of the words "not less than," in fixing the minimum weight of the catch-basin frame and cover, does not render the ordinance uncertain. The fact that no maximum weight is stated is immaterial, because contractors bidding in competition will naturally base their calculations upon the minimum requirements of the ordinance. (Shannon v. Village of Hinsdale,
Appellants insist that the ordinance is vague and indefinite because the meaning of the words "village datum" can not be ascertained therefrom. The ordinance provides that "village datum" shall mean "that plane fixed and established by an ordinance passed by the board of trustees of the village of Northbrook and approved by the president of said board of trustees on the 16th day of April, 1912, as a basis for the calculations of elevations, and all grades herein referred to as fixed shall be measured vertically above said village datum." In the absence of proof to the contrary it will be presumed from a paving ordinance fixing a grade with reference to the village datum that such datum has been theretofore established by the village, and it is not essential to theprima facie case that the ordinance fixing the datum be introduced in evidence. (Chicago Consolidated Traction Co. v.Village of Oak Park,
It is also contended that the ordinance is indefinite in excepting from the improvement that part of Shermer avenue which lies between a line parallel with and two feet westerly of the most westerly track and a line parallel with and two feet easterly of the most easterly track of the Chicago, Milwaukee and St. Paul railroad. The word "rail" should have been substituted for the word "track," but the plat, which is made a part of the ordinance, shows the lines to which the pavement will run and removes any ambiguity in this respect.
It is asserted that, so far as a portion of the proposed improvement is concerned, the location of the curb lines can not be ascertained from the ordinance. With respect to the particular portion of the improvement the ordinance provides that "the curb lines shall be parallel with twenty-one feet from the center line of Shermer avenue." If the word "and" had been inserted before the word "twenty-one" no question would have arisen. Obviously the meaning of the provision is that the curbs shall run parallel with and twenty-one feet from the center of the street. Moreover, the plat shows the curb lines to be parallel with the center of the street and twenty-one feet distant therefrom. The ordinance is definite so far as the location of the curbs is concerned. Ownby v. City of Mattoon,
It is objected that the ordinance is vague and indefinite with reference to the adjustment of the tops of catch-basins and manholes which fall in the curb line. The ordinance provides that "the several catch-basins and manholes. located on the line of the curb shall be raised or lowered and adjusted as may be necessary to make them conform to the finished surface of said pavement or to said established grade of top of parkway, according to whether the major *368 part of said catch-basins and manholes lies within or without the line of said curb." It is not disclosed in what respect this provision is indefinite. Manifestly, its meaning is that where a particular catch-basin or manhole is located in the curb line, in adjusting it to the proper grade the header courses will not be contracted gradually from all sides but in such a manner that the cover will be wholly in and at the grade of the pavement or the parkway, depending upon whether the major part of the catch-basin or manhole is inside or outside of the curb line. The objection was properly overruled.
Finally, it is contended that the provisions of the ordinance with reference to the location of the inlets and catch-basins, and the length of pipe from the inlets to the catch-basins and from the catch-basins to the sewers, are vague and indefinite. The ordinance provides that the location of the inlets and catch-basins shall be as shown on the plat attached to the ordinance. The plat which is a part of the ordinance is drawn to a scale. An examination of the plat makes the location of the inlets and catch-basins sufficiently definite. Reference may be made to the plat for such locations and distances, and if they are shown by the plat it will be sufficient. (City ofHillsboro v. Grassel,
The judgment of the county court will be affirmed.
Judgment affirmed.
Mr. JUSTICE THOMPSON: For the reasons given in the dissenting opinion in Village of Glencoe v. Hurford,