HomeMy WebLinkAboutResolution 43-1997 RESOLUTION NO. 43-97
INITIAL RESOLUTION FOR SAIVITARY SEWER ASSESSMENT PROJECT NO. WW0597
BE IT RESOLVED by the Board of Commissioners of the City of Brookings, South
Dakota as follows:
1. This Board deems it necessary to improve by installing a sanitary sewer on 30th
Avenue both north and south of 18th Street as referred to in a Proposed Resolution of Necessity
for Sewer Assessment Project WW0597 on file with the City Finance Officer, and to provide for
payment of the cost of such sewer improvement by levying assessments against the property to be
benefited thereby according to benefits, which property is also described in said proposed
resolution.
2. This Board will meet in the Commission Chambers, City Hall, Brookings, South
Dakota, on Tuesday, the lOth of June, 1997, at 2:00 o'clock P.M. for the purpose of considering
any objections to such proposed resolution. The City Finance Officer is directed to give notice of
the resolution to be published once each week for two successive weeks prior to said meeting, in
the official newspaper of the City with an appended notice stating the place and time of ineeting.
Passed and approved this 27th day of May, 1997.
Mayor
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Finance Officer
NOTICE OF HEARING UPON SEWER ASSESSMENT
NOTICE IS HEREBY GIVEN that at the regular meeting of the Board of Commissioners
of the City of Brookings, South Dakota, to be held at 2:00 o'clock p.m. on Tuesday, June 10,
1997, in the Commissioners' Chambers of City Ha11, in said City, there will be brought up for
consideration and adoption with or without amendment a resolution deeming it necessary to
install a sanitary sewer on 30th Avenue both north and south of 18th Street. Payment of said
sewer improvement to be financed by levying assessment against the property to be benefited.
At which time and place all persons interested will be given a full, fair and complete
hearing thereon.
Dated at Brookings, South Dakota, this l Oth day of June, 1997.
Theo. C. Kryger
Finance Officer
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y 9-48-9 MUNICIPAL GOVERNMENT
9-48-9. Notice of hearing on resolution for service,�wet�►,Notice of
hearing upon the proposed adoption of such resolution pursuant to § 9-48-8
shall be given by publication once each week for two successive weeks prior tq�
the adoption thereof.
Source: SL 1909, ch 110, 0 14; KC 1919, necessity for construction of sewer; notice to
§ 6381; SDC 1939, § 45.1812. consider necessity for sewer did not invest city
council with authority to proceed where first
Cross-References. notice on question of plans and diagrams had
Publication of notice, Chapter 17-2. not been given since giving of first notice is
Necessity for Notices. essential to jurisdiction;fact that work was ac- .
Statutes provide for two distinct notices and cepted by city and that city engineer had is-
hearings preliminary to special assessment of sued certificate of compliance did not cure de-
property for establishment of se«•erage system, fect in proceedings.Haggart v.Alton 119121 29
first relating to adoption of plans and diagrams SD 509, 137 NW 372.
for sewerage system and second dealing with
9-48-10. Authority to construct service sewers—Special assessment
— Municipal funds used for construction. Upon the taking effect of the
resolution described in § 9-48-8 the governing body shall have the authority
to make the improvement in such resolution specified and assess the cost
thereof as hereinafter provided; provided, that the governing body may by
resolution direct that an� specified amount or fraction of the cost of said
service sewers shall be paid by the municipality out of its general funds
appropriated for that purpose or out of the proceeds of general obligation
��; �; bonds as authorized by chapter 9-43.
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6�� . Source: SL 1909, ch 110, a 14; RC 1919, change of plan of payment would be of such
� �� § 6381; SDC 1939, �� 45.1812. 45.1813; SL nature as to release contractor from Lerms of
1949, ch 187, 3 8. original contract. City of Howard v. Lefler
� i�I (1917) 38 SD 294, 161 NW 197.
Cross-References.
CI Combined waterworks and �ewer assess- Sewer Work by City Employees.
I ments, � 9-49-3. City had authority in extension of water and
sewer systems, over and above "day's «�ork"
� ��i Bonds or Assessments Authorized. statute,to perform work by using city crew em-
Statutes provide two separate methods for ployed on full-time basis along with materials
� establishing municipal sewer ;ystems under Purchased upon competitive bids;fact that im-
, first of which bonds are paid frum special as- provement would eventually cost in exce�s of
� sessments levied against property benefited $500 did not deprive city of authority ��'here
and under second of which no bonds are issued Project was one for which no special a��ess-
but funds are nonetheless raised by special as- ments were to be levied.Jibben v.City of tiioux
sessment upon which fissessment certificates Falls (196ll 79 SD 143, 109 NW ?d ��''•
are issued.Red Wing Sewer Pipe Co. v.City of �'
� Pierre (19181 40 SD 42, 166 NN 164. Opinions of Attorney General. ;
Sanitary sewer districts, Report 1965-G6. P• ,��;.
` Change in Method of Financing. 26. '
4 Sewer construction contractor was relie�•ed ,t�='
��' from obligations under contract when city Collateral References. ,,�
� changed plan of payment from issuance of as- Construction or improvement of�ewers a3 u ',�•;'.
� sessment certificates bearing interest to pay• local or district improvement within pro�'�`�"�y ���,
'; ment in cash by bond issue;ordinance requir- authorizing or requiring special assessments ur `:%^�
; ing sewer contractor to take his pay in assess- other specified means of defraying expense. ,;.�r�;�
;..;'�,
ment certificates deprived city of authorit�• to 134 ALR 895. .',��=
' pay in any other method than assessment cer- Loss of right to contest assessrovem�pro �.
! tificates since contractor would be deprived of ceeding for street or sewer imp '�: �
� interest and detriment thus caused by city': waiver, estoppel, or the like, 9 aL� h3;' `.��.��,
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