The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1911-10-31

duu caused hdlu RESOLUTION 10 De pup
lished six times in daily newspap-
er.
Section further provides that the
property owners within the area to be
improved shall have the right to file a
protest against the improvement OF
said street or streets.
A portion Of Section Of said act
Is as follows:
THE lots. pieces or parcels OF land
fronting and abutting upon any such
improvement shall be charged with
the cost thereof to the center Of the
block where the abuttIng way is on
the exterior Of the block. and to the
exterior Of the block where the inn
provement is made OF any alley or any
public way in the interior Of the
block and each quarter block shall
be charged with his due proportion
OF the cost Of so improving the said
streets on which said block ahuts. to-
gether with the areas formed by
street intersections and alley cross-
ings: except such portion OF such
street intersections and alley cross
ings as may be used by street Or
steam railways"
Provided, further, that the mayor
and council may. IN their discretion.
provide for the payment Of the cost
or improving street intersections and
alley crossings. which cost shall be
provided for and paid by said city"
The act further provides that aftar
contract having been let, after esti-
mates having been prepared and filed,
and cost OF the work having been as
certained. the mayor and council shall
appoint a board Of appraisers to ap-
portion and appraise the benefits ac-
cruing TO each lot. piece or parcel Of
ground benefited BY such approve.
ment said appraisement to be filed
with the css~ Clerk: that thereafter
the council shall hold a meeting. Of
which notice shall be given by five
publications In a daily newspaper Of
general circulation within the city.
to hear and determine any complaints
against the appraisement so made and
that said council shall at said meet
ing have the power to revise and
cnange said appraisement in any man
ner that they might see tit to DO;
that said assessment hall be levied
against said property in conformity to
the appraisement as confirmed by
the council
You win notice from the above that
IL was discretionary with the council
at the time the paving was installed
to either pay for street intersections
by tax levy upon all the property in
ne city Of Chickasha. or TO charge
tie cost OF the same to each of the
quarter blocks abutting said street
intersection. The council exercised
their discretion and had the benefits
assessed against the abuttIng quart
er blocks. due notice OF which was
published, and a meeting held by the
council at which time any person
aggrieved might appear and be heard.
In my opinion. as the council saw
M a. that time to provide for the
payment Of street intersections in
this manner and thereafter caused
negotiable street Improvement bonds
to be issued for the payment Of the
same and these bonds having been
negotiated. do not believe that the
council now has any authority or
power to change. alter or modify these
proceedings in any way. These bonds
have become a first lien against the
property located 10 the improvement;
districts and have been negotiated
throughout the United States and IN
my opinion. any act Of the council
tending to change or alter the method
by which the improvement Of said
streets shall be paid. would be alb
solutely void. I think the legislature
had this in view when they provided
for protests to be filed by property
owners in any improvement district
and further provided that the coun