# Title 58 — Townships

## Chapter 58-16 — Sidewalks and Streetlights in Unincorporated Townsite

### § 58-16-01. Petition for construction of sidewalks or installation of streetlights in

unincorporated townsites - Contents - Ordering construction or installation.
When a majority of the lot owners on any street in any block within the platted limits of an
unincorporated townsite shall petition the board of supervisors of the township in which the
unincorporated townsite, or the greater portion thereof, is situated, praying that a sidewalk be
constructed or streetlights be installed along the side of a street or thoroughfare within the
platted limits described in the petition, the board, by resolution, shall order the construction of
the sidewalk or a portion thereof by the owner of the land along which the sidewalk is to be built,
if it appears that the sidewalk described and prayed for in the petition is necessary to connect
sidewalks already built or that public convenience and necessity require its construction, and
shall order and make all necessary contracts and arrangements for the installation of streetlights
if the public convenience or necessity require the installation.
### § 58-16-02. Notice to owner to construct sidewalk - Failure to construct.

Two publications of the resolution provided in section 58-16-01 in a paper printed or
published in the unincorporated townsite are sufficient notice to the owner of the land along
which the sidewalk is to be built to construct the same. If no newspaper is published in the
unincorporated townsite, the resolution must be published in a newspaper in the municipality
nearest to the unincorporated townsite. If the owner fails to construct a fully completed sidewalk
within thirty days after the last publication of the resolution, the board of township supervisors
shall cause such portion of the sidewalk as has not been built by the owners of the lands to be
built at the expense of the owners upon contract or in such manner as the board may
determine.
### § 58-16-03. Assessment and levy upon property - Form.

The board of township supervisors shall assess and levy upon each lot or parcel of land
along which the sidewalk has been built by the township a sum sufficient to cover the cost of the
construction thereof and shall assess and levy against each lot or parcel of land benefited by
the installation of streetlights by the township. The assessment must be in substantially the
following form:
The board of supervisors of the township of ____________________ assesses upon and
levies against the several parcels of land hereinafter described the respective sums of
money set against each lot or parcel. This assessment is made to defray the cost of a
______________ sidewalk or streetlights along the _____________ side of ____________
to ______________ in accordance with the resolution of the board of township supervisors
passed on _____________, ______, and duly published in _________________ on
_______________, _______. The amount assessed against and levied upon each lot or
parcel being the amount that it cost to construct or reconstruct the sidewalk along and
fronting upon the same lot or parcel of land. When streetlights are installed the cost of the
installation must be assessed and levied against all lots or parcels of land that benefit from
the streetlights.
______________________________________________________________________
Description
Name of Owner, if known of land Amount
______________________________________________________________________
Lot Block Dollars Cents
______________________________________________________________________
Done at a meeting of the board of supervisors of the township of ____________ on
_____________, ______.
_________________________
Chairman
Attest:

___________________________
Township Clerk
### § 58-16-04. Petition for repair or reconstruction of a sidewalk or streetlights - Procedure

followed.
If the petition described in section 58-16-01 prays for the repair or reconstruction of a
sidewalk or streetlights, the same procedure must be had as is prescribed for the construction of
new sidewalks or streetlights.
### § 58-16-05. Township supervisors to prescribe material for construction or repair of

sidewalks or streetlights and the type of light fixture to be used.
The board of township supervisors shall prescribe the material of which the sidewalks must
be constructed or with which they must be repaired, or the type of light fixture or equipment
used or with which they must be prepared. Whenever a sidewalk to be constructed as provided
in this chapter connects sidewalks already in existence, the new sidewalk must be constructed,
as nearly as practicable, of the same material as the sidewalks which it connects.
