Town of Bloomington v. Town of City of Bloomington

185 Ill. App. 70, 1913 Ill. App. LEXIS 32
CourtAppellate Court of Illinois
DecidedDecember 27, 1913
StatusPublished
Cited by1 cases

This text of 185 Ill. App. 70 (Town of Bloomington v. Town of City of Bloomington) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Town of Bloomington v. Town of City of Bloomington, 185 Ill. App. 70, 1913 Ill. App. LEXIS 32 (Ill. Ct. App. 1913).

Opinion

Mr. Justice Thompson

delivered the opinion of the court.

Prior to April 4, 1912, the territory within the city of Bloomington was partly in the town of Blooming-ton and partly in the town of Normal. On April 4, 1912, the territory within the city of Bloomington was organized into a new township called “Town of the City of Bloomington.” People v. Grover, 258 Ill. 124. At the time of the organization of the town of the city of Bloomington, the town of Bloomington was posessed of certain credits, moneys and personal property. The town of Bloomington and the town of the city of Bloomington being unable to agree upon a division or apportionment of said credits and moneys, submitted the matters in controversy to the County Court of McLean county pursuant to section 36 of chapter 139 of Hurd’s Statutes. (J. & A. 11268.)

A stipulation was made agreeing upon the following facts:

(1) That the town of the city of Bloomington was legally organized on April 4, Í912.

(2) That .854 of the taxable property of the town of Bloomington prior to April 4, 1912, was within that portion of the corporate limits of the city of Bloomington in Bloomington township which now lies wholly within the town of the city of Bloomington, as determined by the last assessment for said town prior to April 4, 1912.

(3) That .146 of the taxable property in the town of Bloominglon prior to April 4, 1912, was contained in that portion of the township of Bloomington that is without the corporate limits of the city of Blooming-ton and without the territory now contained within the town of the city of Bloomington.

(4) That the People’s Bank of Bloomington now holds $3,643.18, which belongs to the town of the city of Bloomington and the town of Bloomington in the proportions above specified.

(5) That said bank also holds $7,106.42, which was collected for road and bridge purposes in the town of Bloomington for the year 1911 by the town collector, which is claimed by the highway commissioners of the present town of Bloomington and is also claimed by the city of Bloomington.

(6) That the city of Bloomington received from Cyrus Frank, the town collector of the town of Bloomington, $7,122.16, which is one-half of the road and bridge taxes collected for 1911, from property within the corporate limits of the city of Bloomington.

(7) That the highway commissioners received from the said town collector from the road and bridge taxes for 1911, the sums of $1,392.68 and $1,039.83; the said sum of $1,039.83 being claimed by the city of Bloomington to have been erroneously paid to said commissioners and is in controversy in this proceeding.

(8) That the city of Bloomington received from P. M. Stubblefield, county collector, the sum of $5,-140.88, road and bridge, telephone, telegraph and railroad taxes, which sum constituted one-half of the said taxes collected by said county collector from property within the corporate limits of the city of Bloomington.

(9) That the highway commissioners of Bloomington township received from said Stubblefield $8,-861.35, road and bridge, telegraph, telephone and railroad taxes, of which sum all but $1,245.88 are the subject of controversy here, $3,895 of the same being claimed by the city of Bloomington, and of the balance after deducting the $1,245.88 and the $3,895 the town of the city of Bloomington claims, .854 per cent.

(10) That the supervisor of Bloomington township held $770.38 of dog tax and also held a balance of $165.13 township funds, which are to be distributed in the proportion shown in stipulations two and three.

(11) That the highway commissioners of Bloomington township levied for the year 1909, the limit of 36 cents for road and bridge purposes under section 13 of the Road and Bridge Law (J. & A. jf 9640), and made a certificate that a contingency existed requiring a greater levy and obtained the consent of the board of town auditors and assessor for an additional levy of 25 cents under section 14 of the Road, and Bridge Law as amended in 1909 (J. & A. ft 9641), which said levies were spread upon the property of the township and collected; that the city of Bloomington, a city with more than 20,000 inhabitants, was located partly in the township of Bloomington and partly in the township of Normal; that said levy of 61 cents- upon the taxable property within the city of Bloomington, that was located in Bloomington township, realized the snm of $40,987.78 after the payment of the costs of levy and collection; that the whole of said $40,987.78 was paid over to the treasurer of the city of Bloomington; that of said sum the levy under section 14 produced $16,798 and the levy under section 13 produced $24,189.48; that the board of highway commissioners recovered a judgment on June 3, 1911, against the city of Bloomington for the whole of said taxes levied under section 14, viz., $16,798, and for one-half of the taxes under section 13 above mentioned, which judgment was thereafter affirmed by the Supreme Court, for $28,652.61 and said judgment is still unpaid.

Evidence was heard showing that the contingency, for which the 25 cent levy under section 14 of the Boad and Bridge Act was made, was the construction of two new bridges, both outside the limits of the city of Bloomington; that they were old bridges before the levy was made at the places where the new bridges were to be built and the old bridges are still in use although they have been repaired.

The County Court found that the judgment in favor of the highway commissioners of the town of Bloomington against the city of Bloomington is $28,652.61 and interest thereon $2,674.22; that the town collector of Bloomington township collected $16,661.09 road and bridge taxes in Bloomington township for the year 1911 prior to April 4, 1912; that one-half of the said amount of road and bridge taxes collected within the city of Bloomington was $7,122.16 and was rightfully paid to the city treasurer of the city of Bloomington by the town collector; that the remaining half of the road and bridge taxes collected by the town collector within the city of Bloomington together with the road and bridge taxes collected in the town of Bloomington without the city of Bloomington amount to $9,538.93, and of that sum fourteen and six-tenths per cent, thereof was rightfully paid to the highway commis- ' sioners of Bloomington township but that $1,039.83 was wrongfully paid to the highway commissioners of Bloomington township and that said sum together with $7,106.42 in the People’s Bank should be divided in the manner hereinafter directed; that the county collector of McLean county collected $14,002.23 delinquent road and bridge, telephone, telegraph and railroad taxes for 1911, of which amount $5,140.88 constituted one-half of said taxes collected within the corporate limits of the city of Bloomington and was rightfully paid to the treasurer of the city of Bloomington by the county collector, and that the balance of said amount, $8,861.35, being the remaining half of said taxes collected within the city of Bloomington and all of said taxes collected in the town of Bloomington without the city of Bloomington was erroneously paid to the highway commissioners of the town of Bloomington, and the same should have been divided in the manner hereinafter provided.

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Bluebook (online)
185 Ill. App. 70, 1913 Ill. App. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-bloomington-v-town-of-city-of-bloomington-illappct-1913.