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University of Oklahoma Bulletin




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Excerpt from University of Oklahoma Bulletin: Oklahoma Municipalities, Proceedings of the Tenth Annual Convention of the Oklahoma Municipal League It shall be my purpose to discuss briefly the history of sidewalk legislation in Oklahoma, to point out the holdings of our courts in the matter of procedure, and to inquire more thoroughly into the validity of assessment of abutting property for the construction of sidewalks. So far as I have been able to learn, the first statute in Oklahoma on the subject of sidewalk construction was a part of section 2, p. 85, laws 1895. This was amended by S. L. 1897. p. 80, effective March 11, 1897. That part of the act relating to paving was amended by the S. L. 1907-1908, known as the 1908 paving law. Reference to paving and also the clause limiting payment of labor to one dollar and fifty cents a day were eleminated by the revision of our code in 1910, and the section became R. L. 1910, section 646; now Compiled Laws 1921, section 4625. This section provided that no notice should be necessary, but that upon petition of ten or more citizens the council might order a sidewalk constructed if they deemed such construction necessary; and that the street commissioner or the committee on improvements should supervise the work, and that no greater charge should be made against the property than the actual cost of construction and twenty-five percent added thereto. It further provided that the assessments shall be collected in the same manner as other assessments for street improvements, and that "each lot or piece of ground abutting on such sidewalk shall be liable for the cost of repairs made along or in front of such lot or piece of ground." This statute recognized the right to assess abutting property. Section 4548, Comp. Laws, 1921, contains a general clause authorizing the city council to construct sidewalks, and makes an express grant of taxing power to the municipality for enforcing such authority. From the foregoing it was doubtful what procedure was necessary in the construction of sidewalks. The statute above rred to provided that no notice should be required for the construction of sidewalks, and that five days´ notice was necessary before repairs could be made and the property charged with the cost thereof. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


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