Section 9-43-22 - Supplemental assessment when original assessment insufficient--Notice andprocedure. - South-dakota Statutes

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9-43-22. Supplemental assessment when original assessment insufficient--Notice and procedure. If the assessment originally levied, together with any sum assumed and to be paid by the municipality from its general funds on hand or from the proceeds of general obligation bonds, is insufficient to pay the total cost of the improvement as the same shall finally be ascertained, the governing body may assess the additional cost to each lot in the same proportion as provided in the original assessment roll, after public hearing in the same manner as required for the adoption of the original assessment roll and the governing body shall adopt a resolution proposing to increase such special assessment contained in the original special assessment roll by such proportion as it shall fix and determine to be sufficient to pay the total cost of the improvement, and such resolution shall be published, together with a notice of hearing, which shall be published and mailed in the same manner as provided by law for the hearing on the original assessment roll, and objections thereto shall be heard and the governing body may amend or approve the same in like manner as provided by law for the original special assessment roll. The amount by which each assessment is increased shall be collected by the same procedure and at the same time or times as the original assessment, provided that if any installment of the original assessment shall have been paid prior to the levy of such supplemental assessment, the amount of the increase shall be added to the balance unpaid and shall become payable with and as a part of the remaining installments. Interest shall be computed in the same manner as provided for in the original assessment.

Source: SDC 1939, § 45.2102 (5) as added by SL 1949, ch 189, § 2; SL 1953, ch 262; SL 1963, ch 283, § 5.

State Codes and Statutes

Statutes > South-dakota > Title-9 > Chapter-43 > Statute-9-43-22

9-43-22. Supplemental assessment when original assessment insufficient--Notice and procedure. If the assessment originally levied, together with any sum assumed and to be paid by the municipality from its general funds on hand or from the proceeds of general obligation bonds, is insufficient to pay the total cost of the improvement as the same shall finally be ascertained, the governing body may assess the additional cost to each lot in the same proportion as provided in the original assessment roll, after public hearing in the same manner as required for the adoption of the original assessment roll and the governing body shall adopt a resolution proposing to increase such special assessment contained in the original special assessment roll by such proportion as it shall fix and determine to be sufficient to pay the total cost of the improvement, and such resolution shall be published, together with a notice of hearing, which shall be published and mailed in the same manner as provided by law for the hearing on the original assessment roll, and objections thereto shall be heard and the governing body may amend or approve the same in like manner as provided by law for the original special assessment roll. The amount by which each assessment is increased shall be collected by the same procedure and at the same time or times as the original assessment, provided that if any installment of the original assessment shall have been paid prior to the levy of such supplemental assessment, the amount of the increase shall be added to the balance unpaid and shall become payable with and as a part of the remaining installments. Interest shall be computed in the same manner as provided for in the original assessment.

Source: SDC 1939, § 45.2102 (5) as added by SL 1949, ch 189, § 2; SL 1953, ch 262; SL 1963, ch 283, § 5.

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Statutes > South-dakota > Title-9 > Chapter-43 > Statute-9-43-22

9-43-22. Supplemental assessment when original assessment insufficient--Notice and procedure. If the assessment originally levied, together with any sum assumed and to be paid by the municipality from its general funds on hand or from the proceeds of general obligation bonds, is insufficient to pay the total cost of the improvement as the same shall finally be ascertained, the governing body may assess the additional cost to each lot in the same proportion as provided in the original assessment roll, after public hearing in the same manner as required for the adoption of the original assessment roll and the governing body shall adopt a resolution proposing to increase such special assessment contained in the original special assessment roll by such proportion as it shall fix and determine to be sufficient to pay the total cost of the improvement, and such resolution shall be published, together with a notice of hearing, which shall be published and mailed in the same manner as provided by law for the hearing on the original assessment roll, and objections thereto shall be heard and the governing body may amend or approve the same in like manner as provided by law for the original special assessment roll. The amount by which each assessment is increased shall be collected by the same procedure and at the same time or times as the original assessment, provided that if any installment of the original assessment shall have been paid prior to the levy of such supplemental assessment, the amount of the increase shall be added to the balance unpaid and shall become payable with and as a part of the remaining installments. Interest shall be computed in the same manner as provided for in the original assessment.

Source: SDC 1939, § 45.2102 (5) as added by SL 1949, ch 189, § 2; SL 1953, ch 262; SL 1963, ch 283, § 5.