The herald-advance. (Milbank, S.D.) 1890-1922, 1904-01-15
Of City Attorney RSx
ON Sewerage QuestiOn

At request of council ! herewith
rive an outline of the law and pro-
ceedure in regard to sewerage.
1t would be impossible to give ex.
actly all of the details and precise
steps that will have to be worked out
as the work progresses, and the man
ner and extent of the sewer is agreed
upon. but we will refer to the imLor.
tant steps and the method of payment,
letting of contract, sewerage districts
and he like.
l. Any city in the state has full
power to construct a system OF sewer.
age, after such city has been divided
into sewerage districts, and a plan
has been adopted. The work shall be
done in such manner and under such
regulations as the council may deem
expedient.
2. Diagrams shall be made for
each district showing lots and parcels
of land, the main sewers, minor sew
ers, catch basins, etc.
g.. Notice shall then be given in
official papers, giving persons in the
districts an opportunity to be heard.
4. After such hearing the plans
may be settled upon and adopted,
and the. the plan for such sewer
! d strict shall be filed with the city
auditor.
5. When the plans have been
adopted, the council shall by resolu-
ton designate terminal points thereof,
or the district, if all sewers in the
plan are to be built at n time, and
ten days notice of the passage of such
resolution given. After the adoption
of such resolution, the council shall
have jurisdiction to make the sewer
and assess the cost thereof upon the
property benefited thereby.
6. Contract is let to lowest respons-
ible bidter upon written contract,
which contract may. at the option or
the city, require the contractor TO
receive as payment toward the WORK,
such part as shall be assessed against
the lots benefited. certificates of
assessment against the lots and the
balance. if any. shall be paid out of
sDecial sewerage tax to be levied
upon the land within sewerage dis
trict. and the council may sub divide
the sewerage district into assessment
- 3 lD-iISblltL anu oNliii 49,
SO that the benefits may be equal
throughout the entire district.
Z. After the contract is made. an
estimate of the special assessment on
the lands benefited must be made.
The cost of The sewer shall be pad
by assessment on each lot, at a uni.
form rate per foot. in said district.
The total benefit of Il sewer is the
contract price. Notice of approval
of this assessment estimate must be
given. After the estimate shall be
approved by the council, an ordinance
shall be passed assessing against the
several lots, the several amounts
assessed for the sewer, which amounts
shall bear interest at 6 per cent from
the time the work is accepted.
s. If any of the said amounts
assessed exceed fifty dollars, the
owner of the lot, by filing written
waiver as to irregularities and objec-
tons, may pay assessments in annual
installments, bearing 6 per cent
interest. but when less than fifty dol
lars, or the owner does not file said
! waiver, the assessments become a
perpetual lien on the lot.
9. Notice of acceptance of work
must be given,
10. From the foregoing it would
seem that the entire cost of sewerage
should be paid by an equal assess
ment upon the several lots in the
district where it is located and which
are benefited thereby, and that there
is nothing to be paid by the city, or
any lot owner, outside of the district
having the sewer.
Respectfully submitted.
GEO. S. RIX.