Sioux City St Ry Co v. City of Sioux City
Decision Date | 26 January 1891 |
Citation | 11 S.Ct. 226,34 L.Ed. 898,138 U.S. 98 |
Parties | SIOUX CITY ST. RY. CO. v. CITY OF SIOUX CITY et al |
Court | U.S. Supreme Court |
The Sioux City Street-Railway Company became a corporation on December 6, 1883, under the general incorporation laws of the state of Iowa. On the 12th of December, 1883, the city of Sioux City, by an ordinance of the city council, conferred upon the company the right to locate, operate, construct, and maintain street railways upon and along certain streets in the city, on the terms and conditions specified in such ordinance. Section 11 of the ordinance was as follows: On the 18th of December, 1883, the company accepted the ordinance. Prior to March 18, 1884, the company had expended over $10,000 in constructing tracks on certain streets, and for other purposes, and had contracted for material and supplies for constructing other tracks, and had its street railway in operation on certain streets, in accordance with the terms of the ordinance. On March 15, 1884, the legislature of Iowa passed an act entitled 'An act granting additional powers to certain cities of the first class, with reference to the improvement of streets, highways, a venues, or alleys, and to provide a system of payment therefor.' The sixth section of that act provided as follows: Laws 1884, p. 22. On January 15, 1886, the city of Sioux City became a city of the first class, under the statutes of Iowa, and has continued to be such. On the 11th of May, 1886, the city council passed an ordinance entitled 'An ordinance providing for the paving of the streets between the rails of railways and street railways located thereon, and defining the manner of making special assessments to defray the cost and expenses thereof, and the manner of enforcing and collecting the same,' the first section of which provided as follows: etc., 'shall cause to be paved any street, avenue, or alley whereon any railway has or shall be located and laid down, they shall also order and provide, by resolution, that the company or persons owning said railway or street railway pave said street, avenue, or alley between the rails of said railway or street railway, and one foot each side the rails thereof, at their own expense and cost: provided, that the provisions of this section shall not in any manner be construed to affect any rights accrued or existing in favor of said railway companies or street-railway company, under any franchise or license heretofore granted, under any ordinance heretofore adopted by said city council.' Under this ordinance, and a subsequent one passed May 25, 1886, and a resolution passed August 31, 1886, the city council ordered certain streets to be paved, including those parts as to which the assessments involved in this suit were imposed, and provided for assessing to the street-railway company the cost of paving thespace between the rails, and one foot outside thereof.
The assessment of a special tax against the company for the cost of paving the space outside of the tracks was made December 27, 1886. Prior to that time, the company had paid for so much of the paving as lay between the rails of its tracks. In proper time, after the resolution of August 31, 1886, was served upon the company, it filed its written objections thereto, as follows: Notwithstanding this, the city council, on the 15 the of March, 1887, overruled the objections of the company, and confirmed the assessment. Under this state of facts, the company, on the 30th of May, 1887, filed in the...
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