SENATORIAL DISTRICT. CHAPTER 149. ESTABLISHING SENATORIAL DISTRICT NO. 41. AN ACT Relating to Senatorial District No. 41 of the State of South Dakota. Be it Enacted by the Legislature of the State of South Dakota: § 1. COMPRISED OF WHAT COUNTIES.] That senatorial district No. 41 shall consist of the counties of Custer and Fall River and be entitled to one senator. § 2. REPEAL.] All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Approved March 6, 1893. SEWERAGE. CHAPTER 150. PROVIDING FOR CONSTRUCTING SYSTEMS OF SEWERAGE IN CITIES. AN ACT to Provide for Constructing Systems of Sewerage in Cities, and for the Assessment and Collection of the Costs Thereof. Be it Enacted by the Legislature of the State of South Dakota: § 1. DISTRICTS AND PLANS.] Any city shall have full power to construct systems of sewerage in such manner and under such regulations as the city council shall deem expedient, but shall not enter upon such construction until such city shall have been divided into sewerage districts, nor until a plan shall have been adopted therefor. Provided, That it shall not be necessary before any part of the same is constructed that the plan shall be determined upon in all its details, but it shall be settled so far as relates to that portion upon which the construction is commenced. And; Provided, further, That no measures shall be taken for the construction of such system of sewerage except upon the affirmative vote of at least two-thirds of all the aldermen elect. § 2. DIAGRAMS.] The city council shall cause diagrams of the plans of the sewerage for each district to be prepared, showing the lots and parcels of land, the main sewers, minor sewers, man-holes, catch basins, and all other matters pertaining to the system. § 3. NOTICE OF HEARING.] On the completion of such diagram, notice shall be given in the official newspaper of the city, substantially in the following form: Notice is hereby given that a plan for sewerage for the district bounded as follows.... has been prepared and is now open for inspection at the office of the city auditor. All persons owning or interested in any real estate in such district are entitled to examine the same at any time within ten days after the first publication of this notice, and file objections to said plans. On the....day of...... 18....the city council will be in session at the council chamber to consider objections that may have been filed, and all persons desiring to be heard before the city council can then be heard. Dated.... ..Mayor. Countersigned, ...City Auditor. within ten days The day for the hearing specified shall be after the last publication of said notice; said notice shall be published at least once each week for two successive weeks. § 4. ADOPTION OF PLANS.] On the day specified for said hearing, the city council shall take up and consider all objections to the plans as proposed. When the city council shall have concluded said hearing they may approve the plan as proposed, or change it in such manner as they may think proper, and approve as changed or modified by them, or may reject the plan and direct a new plan to be prepared, in which case the same proceeding shall be had as before. Provided, That, if the city council shall have directed the preparation of plans for sewerage before the passage of this act, and plans shall have been prepared in accordance with such direction, the like proceedings may be had for the adoption of the same with the same force and effect as if the same had been prepared after this act shall have taken effect. § 5. DIAGRAM FILED.] When the plan for any sewer district is finally determined, a complete diagram of the same shall be prepared and filed in the office of the city auditor. § 6. RESOLUTION TO CONSTRUCT.] Whenever any city which shall have adopted plans for sewerage, as herein pro vided, shall deem it necessary to construct any sewer or sewers, the city council shall, by resolution, declare the necessity therefor, and shall state the location and designate all terminal points thereof, or the district, if all sewers in the plan of the same are to be constructed at one time, and notice for ten days of the passage of such resolution shall be given by publication once in each week, for two successive weeks, in the official newspaper of the city; such notice shall state the time and place, when and where the property owners along the line of said proposed sewer or sewers can make objections to the construction thereof. From the time of the adoption of such resolution, the city council shall have jurisdiction to make the improvements therein specified, and assess the cost thereof upon the property benefited thereby, as hereinafter provided. § 7. CONTRACT.] All sewers constructed under the provisions of this act shall be let by contract to the lowest responsible and satisfactory bidder. The city council shall advertise for and receive bids to do the work so ordered, having first procured to be carefully prepared and placed on file in the of fice of the city engineer for the examination and guidance of bidders, plans and specifications describing the work to be done, and the kinds and qualities of material to be used. Provided, however, That the city council shall have the right to reject any and all bids, and re-advertise for proposals, if none of the bidders are satisfactory, or if they believe any agreement has been entered into between the bidders to prevent competition; and Provided further, That no contract shall be binding until the form thereof shall have been approved by the city attorney, and the same shall have been signed by the mayor and countersigned by the city auditor. § 8. PAYMENT IN ASSESSMENT CERTIFICATES. ] The contract may, at the option of the city, require the contractor to receive as payment for so much of the work as shall be assessed against the lots benefited, interest bearing certificates of assessment against such lots respectively, and the residue of such contract, if any, shall be paid out of the proceeds of a special sewerage tax to be levied upon real estate within the sewerage district by the city council as hereinafter provided. $ 9. ASSESSMENT SUBDISTRICTS.] For the purpose of making and equalizing the special assessment for sewerage, the city council shall by ordinance subdivide any sewerage district in which it is proposed to construct under one contract a system of sewers, into assessment subdistricts and define the boundaries of each. Said subdistricts shall be formed by including in each those lots, parts of lots and parcels of land, upon which the city council shall determine and find that the benefits of such sewerage are uniform and equal. Provided. That it shall not be necessary to make the divisions specified in this section, if the city council shall determine that the benefits of sewerage will be uniform and equal throughout the entire sewerage district. § 10. SEWERS PREVIOUSLY CONSTRUCTED---HOW ASSESSED. ] If, by or under the direction of the city, there has been before or after the passage of this act, and before any contract therefor as herein provided, constructed any sewer or part of sewer or system of sewerage, in any district or part of a district within said city, in conformity with the plans of such sewerage as already adopted or hereafter adopted, then the cost of the same, estimated upon the basis of the contract price for constructing sewers similar to those already constructed, and which has not already been assessed upon private property, may be included in said assessment, and the lots and parts of lots and parcels of land benefited thereby may be assessed for the same, in the same manner and with like force and effect, as though said sewer or parts of sewers or system of sewerage or part of system of sewerage had been constructed under a contract for the same as herein provided. § 11. ESTIMATE FOR ASSESSMENT.] Whenever any contract for construction of any sewer or system of sewerage under the provisions of this act shall have been entered into, the city engineer, city attorney and city auditor, as assesssors, shall forthwith proceed to make an estimate for a special assessment therefor upon the several lots, parts of lots, parcels of land benefited thereby and report to the city council the following facts touching said improvement: 1. The total cost of said sewer or sewers calculated upon the contract price. 2. contract. 3. The total length of the sewer or sewers covered by the The total number of feet frontage of property abutting upon the street or streets in which said sewer or sewers contracted to be constructed. are 4. The full description, together with the owner's name, of each lot, part of lot and parcel of land, and the number of feet of frontage of the same, after deductions made, bordering upon the street or streets in which such sewer or sewers are to be constructed. 5. The amount to be assessed upon each lot, part of lot and parcel of land so situated for the construction of such sewer or sewers. 6. The cost of such system of sewerage for any sewerage district shall be apportioned among the several assessment sub districts as established by the city council, and the assessment upon each lot, part of lot and parcel of land in each of the several assessment subdistricts, shall be at a uniform rate per front foot. The cost of any sewer or sewers being for less than an entire sewerage district under one contract, shall be apportioned among the lots benefited thereby at a uniform rate per front foot without regard to the lines of assessment subdistricts provided for in this act. The total benefits of a sewer or system of sewers constructed under the provisions of this act, shall be deemed to be the contract cost of the same. § 12. APPROVAL OF ESTIMATE.] Upon the filing of the report provided for in the last preceding section, the city council shall give twenty days' notice by publication in the official newspaper of the city, once in each week for three successive weeks, the first publication to be not less than twenty days before the meeting next herein mentioned, of the filing of such report, and the time and place, when and where a hearing can be had before a committee to be appointed to consider such report; and such committee shall make a report to the city council of such city, recommending the adoption or alteration of such report. Any person feeling aggrieved by the report of the as sessors, shall have the right to appear before such committee and the city council of such city, and make objections thereto, and shall be accorded a hearing thereon. may alter, modify or amend said estimate. estimate for an assessment upon any lot, part of lot or parcel of land shall not be increased or diminished by the city council, unless they shall first determine that the estimate upon all the lots, parts of lots and parcels of land within the assessment subdistrict embracing such lot, part of lot or parcel of land shall be increased or diminished. And; Provided, further, That the whole amount of the estimate under consideration shall not be increased or diminished by the city council, but all changes made by them in said estimate, shall be for the purpose of equalizing said estimate as between the several assessment subdistricts embraced therein The city council Provided. That the § 13. ASSESSMENT.] When the said estimate shall have been fully equalized by the city council, it shall be adopted and approved by resolution by a majority vote of the aldermen elect. The city auditor and city attorney shall thereupon prepare an assessment roll based upon said equalized estimate, in the form of an ordinance, and the city council of such city shall, by or dinance, assess against the several lots and parcels of land, the several amounts which shall be assessed for and on account of such improvement, which said amounts shall bear interest at the rate of six per cent per annum from the time of the finding of the completion of said improvement by the city council as mentioned in Section 18 of this act. § 14. PAYMENT BY INSTALLMENT.] Should any one of such assessments exceed the sum of fifty dollars, the owner of the lot or parcel of land against which said assessment is made, may, if he within thirty days after the making of such assess |