as good condition by the person or corporation making the excavation, as they were before the excavation was made; and the mains laid down, and in default thereof the Council may order the same to be done at the expense of such person or corporation.

74. To provide for enclosing, improving and regulating all public grounds belonging to the city or town.

75. To condemn private property for opening, establishing, widening or altering any streets, alley, park, sewer, waterway, in the city or town, or for any other public use, and the ordinance authorizing the taking of private property for any such use is conclusive as to the necessity of the taking, and must conform to and the proceeding thereunder had as provided in the Code of Civil Procedure concerning eminent domain.

76. To appropriate money and provide for the payment of the debt and expenses of the city or town, and also the debt of the Municipal Corporation of which it is the successor.

77. To take a census of the inhabitants of a city or town at any time. 78. To provide for the city or town printing, the contract for which must be let annually to the lowest bidder.

79. To adopt, enter into, and carry out means for securing a supply of water for the use of a city or town or its inhabitants.

80. To create special improvement districts, designating the same by number; to extend the time for the payment of assessments levied upon such districts for the improvements thereon for a period not exceeding three years; to make such assessments payable in installments and to pay all expenses of whatever character incurred in making such improvements, with Special Improvement Warrants, which warrants shall bear interest at a rate not to exceed six per centum per annum.

81. To regulate and prohibit the wearing of hats or bonnets at theatres or public places of amusement.

82. To regulate the use and construction of irrigating ditches, drains and flumes within or running through any city or town.

Approved March 8, 1897.

HOUSE BILL NO. 204.

An Act relating to public improvements in cities and towns and repealing Sections 4817, 4818, 4819, 4820, 4821, 4822, 4823, 4824, 4825, 4826, 4827, 4828, 4829, 4830, 4880, 4881, 4882, 4883, 4884, 4885, 4886,

Dec 10-179

33-211

4887, 4888, 4889, 4890, 4891, 4892, 4893, 4894, 4895, 4896, 4897,
4898, and 4899 of the Political Code of the State of Montana.
Be it enacted by the Legislative Assembly of the State of Montana:
Section 1. The city council or town council of any incorporated city
or town may cause any street, avenue, or alley, or any part thereof, to be
graded, paved, curbed, or macadamized, and may cause sidewalks, sewers,
gutters or other improvements to be made thereon, upon the same being
ordered by a majority of all the members of the Council. The Council
shall have charge of the building, maintenance and repairs, of all side-
walks of whatever kind or character, and such work may be done by con-
tract, or by the street commissioner, or other authorized officer of the city
or town; provided, however, that any one, or all kinds of sidewalks shall
be built and maintained at the cost of the owner of the property in front
of which said sidewalk is built, or to be built.

Section 2. The City or Town Council shall have power to require con-
nections from gas-pipes, water-pipes, steam heating-pipes and sewers to
the curb line of the adjacent property to be made before the permanent
improvement of the streets whereon they are located, and to regulate the
making of such connection on the streets already improved, or on unim-
proved streets, and in case the owners of the property on such streets shall
fail to make such connections within the time fixed by the Council, they
may cause such connections to be made, and shall assess against the prop-
erty in front of which said connections are made the entire cost and ex-
pense thereof. All assessments levied under the provisions of this Sec-
tion shall be enforced and collected in the same manner as other special
assessments provided for in Article V of this Chapter, and amendments
thereof, and all such assessments shall be a lien against the property.

Section 3. The City or Town Council is authorized to provide by ordinance a system for doing any or all work, in or upon the streets, highways, or public places of the city or town, and for making thereon street improvements and repairs, and for doing any or all work authorized by this Act, and for the payment of the cost and expense thereof. In all cases where any part of the expense of any such improvement, except constructing side-walks, gutters, or making necessary repairing, is to be defrayed by special assessment, the council must first adopt a resolution declaring its intention to make such improvement, and fix a time at which objections to the making of such improvements will be considered.

Section 4. The resolution must designate the boundaries of the dis

trict to be affected or benefitted by said improvement. Upon adopting such resolution, the Council must give notice of such intention, which notice must be published for five days in a daily Newspaper, or in one issue of a weekly paper, published in the city or town, or posted for five days in three public places in the city or town, or served upon the owners or agents of the property affected. Such notice must describe the improvements so proposed to be made, and state the estimated cost thereof, and designate the time for such hearing, and shall refer to the resolution entered upon the journal of the Council for the description of the boundaries. If at, or before, the time so fixed, written objections to such improvements, signed by the owners or agents of one-half, of the property to be affected or benefitted by said improvements, be filed with the city clerk, the city or town council shall not make such improvements but if objections be not so filed by the owners or agents of one-half of the property to be affected or benefitted, then the council acquires jurisdiction to order the making of the improvements.

Section 5. A sewer system may be established in a town or city, which may be divided into public, district and private, sewers.

Section 6. Public sewers may be established and constructed along the principal courses of drainage, at such times to such extent, of such dimensions and material, and under such regulations as may be provided by ordinance, and there may be constructed such branches for sewers already constructed or to be constructed as may be considered expedient. An appropriation must be made to meet the cost of such public sewers from the general or sewer fund of the city or town.

Section 7. District sewers may be established within the limits of districts to be prescribed by ordinance, and so as to connect with a public sewer or some course of drainage. The Council may cause sewers to be constructed in any district whenever the owners of a majority of the feet frontage of the real estate within that part of the district affected thereby petition therefor, or whenever the council by the vote of a majority of its members decide it is necessary for sanitary purposes; provided, however, that before the Council shall formally require the construction of the improvements mentioned in this section, notice shall be given and opportunity for hearing afforded as provided in Section 4, but after notice the Council, notwithstanding any objection that may be offered, may require the improvement to be made unless the resolution relating thereto be rescinded by the vote of a majority of the members of the Council. Section 8. The character, dimensions and material, of such sewers

L...

must be prescribed. They may be diminished, enlarged or extended by the Council. Repairs and other incidental expenses of the district sewers niust be paid out of the general or sewer fund.

Section 9. Private sewers connecting with the public and district sewers, shall be constructed under such restrictions and regulations as the Council may prescribe by ordinance, but the city or town must be at no expense in constructing, repairing or cleaning of the same, but the same must be done by the owner.

Section 10. The city or town Council may construct and maintain bridges across any streams that flow through or penetrate the boundaries of a city or town when the public necessity requires it, and the expense thereof may be paid by special assessment as provided in this Chapter, and an.endments thereof, from the sale of bonds or from the general or street fund, or a part thereof, may be paid by any of the above enumerated methods of defraying cost.

Section 11. Whenever it may so elect, the city Council of cities of the first class, may by a vote of two thirds of its members, create a Board of Public Works: Said Board shall consist of three freeholders, not city officials, not more than two of whom shall be of the same political party; they shall be appointed by the mayor and confirmed by the Council.

Section 12. The City Council, shall by ordinance, formulate rules and regulations to govern said Board and fix the salary or compensation of the same, but no amount greater than One Hundred Dollars shall be paid to any member for one month's services. The Board of Public Works so created, may be abolished at any time, upon a vote of two-thirds of all the members of the Council.

Section 13. Whenever it is desired to make a special assessment to defray the cost of obtaining private property for the opening or widening of any street or alley, or for other purposes, or for any of the improvements mentioned in the preceding Section, the city or town Council, shall, by resolution, levy and assess a tax upon such property as they shall determine is specially benefitted thereby, making therein a list thereof, in which shall be described the lot or parcel of land assessed, with the name of the owner thereof, if known, and the amount levied thereon set opposite; such resolution signed by the mayor and clerk shall be kept on file in the office of the city clerk, and a notice signed by the city clerk stating that the resolution levying the special assessment to defray the cost of such improvement is on file in his office, subject to inspection for a period

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of five days, shall be published at least once in a newspaper published in the city or town. Such notice shall state the time and place at which objections to the final adoption of such resolution shall be heard by the Council, and the time for such hearing shall be not less than five days after the publication of such notice. At the time so fixed the Council shall meet and hear all such objections, and for that purpose may adjourn from day to day, and may, by resolution, modify such assessment in whole or any part thereof. A copy of such resolution, certified by the city clerk, must be delivered to the city treasurer within two days after its passage, and within five days after the receipt thereof, the city treasurer must, by written notice, mailed or otherwise delivered, notify each owner of the property assessed, of the amount of said assessment, specifying in the notice the purpose for which the levy was made, and the tax against each lot or parcel of land, and the date when the same becomes delinquent.

Section 14. To defray the cost and expense of obtaining private property for the opening or widening of any street, the city or town couneil shall assess not less than twenty-five per cent. thereof, and any part not to exceed seventy-five per cent thereof, as a special tax against the property, distributing such special tax upon such property in proportion to the benefits and pay the remainder of said cost and expense from the general or street fund of the city or town; provided, however, that if the cost does not exceed Five Hundred Dollars the city or town Council may pay the entire cost from the general or street fund.

Section 15. To defray the cost and expense of obtaining private property for opening or widening or grading, macadamizing, paving or otherwise improving any alley, excepting the building of a sewer, the city or town council shall assess the entire cost thereof, to the property abutting said alley in proportion to the number of linear feet bordering thereon.

Section 16. To defray, the cost and expense of constructing district sewers, the city or town council shall assess the entire cost of said work against the property which is specially benefitted thereby, in proportion to the linear feet bordering said sewer; provided, however, that when a lot or tract of land situated upon a street or alley corner has been assessed, or is about to be assessed for the cost of sewer construction upon one side thereof, it shall not be assessed at any future time for the entire frontage upon the other street or alley, but shall have deducted therefrom as many linear feet as may have been assessed upon the other side, up to, but not to exceed fifty feet.