40-30-02. Procedure to install special streetlighting system
Whenever the governing body of any city shall deem it necessary to install, construct, alter,
or extend, upon any of the streets of the city, a special system or special systems of
streetlighting, such governing body may direct the city engineer or such other person as shall be
designated, by motion or resolution, to prepare plans and specifications for such work and to
make an estimate of the probable cost. Such plans, specifications, and estimates shall be
approved by resolution of the governing body and filed in the office of the city auditor. The city
auditor thereupon shall publish in the official newspaper of the city once each week for three
successive weeks a notice stating that such plans, specifications, and estimates have been
approved and filed in the city auditor's office and are open to public inspection. If the owners of
a majority of the property abutting on any street or streets where such lighting system is to be
installed shall not protest against the lighting system or improvement within ten days after the
last publication of such notice, the majority of such owners shall be deemed to have consented
thereto, and the city may proceed to provide for the construction of the improvement and to
assess the cost thereof, or such part thereof as the governing body shall deem proper, against
the abutting property in the manner and with the notice and according to the forms and
procedure provided in this title for the construction and assessment of street paving.
