68 Pa. Super. 104 | Pa. Super. Ct. | 1917
Opinion by
The street in front of appellant’s property was paved under ordinances of council and the cost thereof assessed by the foot front rule. Other streets in the City of York had been paved by the municipality, at its sole cost and expense, prior to the improvement of this street. Appellant’s counsel contend that under the Act of 1913 the city has power to adopt any one of the methods specified in the act for paying the cost of an improvement, but when once they exercise that power, the method adopted must apply to all future paving, grading and macadamizing throughout the city; it cannot thereafter pay the cost of improving other streets by any of the other methods specified in the act. We cannot agree to this proposition.
Section 10 of the Act of June 27, 1913, P. L. 568, authorizes cities of the third class tO' provide for the payment of the cost and expenses of paving, grading or macadamizing any public highway. It may be done in whole or in part by the city or by the owners of real estate abutting on the improvement; the cost and expense, when paid by the abutting owners, shall be assessed according to the foot front rule or according to benefits, as council may by ordinance determine. This section of the act does not materially change the law as it existed under Section 10 of the Act of 1889, P. L. 288, as amended by the Act of May 16, 1901, P. L. 224. The power of the legislature to provide for assessments for special benefits in local improvements is too well settled to require discussion. It was held in Scranton City v. Bush, 160 Pa. 499, that under the Act of 1889 the city might use either plan of payment; when the municipality adopted one system of payment for certain streets it was not prohibited from adopting another system for differ
We are not convinced that this act of assembly as a whole is unconstitutional, being in violation of Article III, which provides that no bill, except general appro, priation bills, shall be passed containing more than one subject. We have frequently discussed titles to acts of assembly as bearing on this article of the Constitution, and need make no extended reference to them.
Section 4 of the Act of 1901, P. L. 364, as amended by Section 2 of the Act of 1903, P. L. 42, requires, where the contractor performing the work is to be paid by assessment bills, the lien is to be filed to his use; by Section 9, one month’s notice must be given to the owner of the property affected before the claim is filed. Improvement bonds in the usual form were issued, which con
When the cost and expenses are assessed against abutting owners, there must be an equitable reduction for the frontage of lots which from “their peculiar or pointed shape, an assessment for full frontage would be inequitable.” See Section 10 of the Act of 1913. The ordinances authorizing the improvement need not contain the clause of the act relating to this question. No uniform rule can be laid down that would apply equitably to all odd shaped lots. The act must be followed when the assessment is made, and if it is not complied with, the owner does not lose his right to contest the amount of the assessments. The affidavit of defense nowhere contends that the amount of the lien is unjust by reason ,of
The assignments of error are overruled and the judgment is affirmed.