Page:1889 Territory of Dakota Session Laws.djvu/100

Rh § 3. .] This act shall take effect and be in force on and after its passage.

Approved, March 8, 1889.

CHAPTER 31.

RE-ASSESSMENT OF ABUTTING PROPERTY.

AN ACT Providing for the Re-Assessment of Abutting Property for Improvement of Public Streets.

Be it Enacted by the Legislative Assembly of the Territory of Dakota:

§ 1. .] Whenever any City Council of any city whether incorporated under the general law, or by special act or charter, has heretofore upon a petition of a majority of the abutting property owners upon any street made a special assessment for the grading or paving the same and assessed the abutting property uniformly and in the same amount per front foot, and proceeded to pave or grade the street in accordance with the petition, and it shall appear that the ordinance or other proceedings in making the assessment were for any reason invalid, the City Council is hereby authorized and empowered to re-assess all the real property abutting on such improvement upon which the special assessment for the same, has not been paid upon the front foot plan in such sum as may be sufficient to pay its just proportion of the cost of such improvement.

§ 2. .] The City Council shall by resolution declare the entire cost of the improvement for which all the abutting property was liable, with a description of the abutting property which such City Council propose to re-assess for its proportion of the cost of such improvement, also the aggregate sum they propose to assess against said property and the amount per front foot and shall state in said resolution when and where they will meet to hear any objections the abutting property owners may have to such re-assessment, which resolution shall be published two successive weeks in some newspaper published in the city.

§ 3. .] At any time after the time fixed for hearing objections as provided in Section two, of this act, the City Council shall by resolution, proceed to re-assess all the abutting property, upon such improvement upon which the special assessment first made has not been paid, its just and equal share of the cost of such improvement per front foot, and shall apportion and assess to