[Download] "Spalding v. City of Granite City" by Supreme Court of Illinois " Book PDF Kindle ePub Free
eBook details
- Title: Spalding v. City of Granite City
- Author : Supreme Court of Illinois
- Release Date : January 26, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This is a direct appeal from an order of the circuit court of Madison County entered in an action for declaratory judgment on March 30, 1953, wherein sections 60-12 through 60-18 of the Revised Cities and Villages Act were held to be constitutional. Ill. Rev. Stat. 1951, chap. 24, pars. 60-12 to 60-18. The plaintiff, a resident of the former city of Nameoki, now a part of Granite City, a property owner, taxpayer, and a prospective user of the sewer system, filed this complaint seeking a declaratory judgment to determine the constitutionality of these sections by which the city of Granite City seeks to finance an extension of its sewer system. The complaint alleged that pursuant to the requests of the residents and property owners of the Nameoki area of the city of Granite City, the council adopted a resolution on December 1, 1952, declaring its intention to construct an extension to its existing sewerage system to serve the Nameoki area. Granite City is a municipal corporation of around 35,000 population. In 1949 it annexed to it another city known as the city of Nameoki, populated by some five or six thousand inhabitants, and now known as the Nameoki area of Granite City. Prior to the annexation, Granite City had installed an extensive sewerage system serving the entire city. The city of Nameoki had no sewerage system and its sewerage was and now is disposed of by septic tanks and cesspools. It is stipulated by the parties hereto that this is an exact statement of facts, and that the lack of an adequate sewerage system constitutes a serious menace to the public health of the entire city. It is further stipulated that the present population of the Nameoki area is about 8000 persons, and is expected to increase by 4000 persons within the near future. The resolution set forth the boundaries of the proposed sewerage system extension, of what the system would consist, its estimated cost, possible rates to be charged users thereof, reserved the right of the city council to establish separate and different property classifications and to establish separate and different rates as the occasion may arise, and stated the connection charge. Under the provision of the resolution a public hearing was held and notice was sent to persons as provided by law. At the public hearing it was unanimously agreed that the project be built as provided in the resolution and on January 15, 1953, in accordance with the wishes of the persons at the hearing, the city council adopted a second resolution determining to proceed with the construction and acquisition of said sewerage system extension, and to adopt an ordinance for the issuance of sewer revenue bonds to defray the cost of said extension.