Title 40 — Municipal Government
85 chapters · 759 sections in this title.
N.D.C.C. § 40-22-04 Discharge of sewage - Regulations governing
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Repealed by S.L. 1975, ch. 575, § 2. 40-22-05. Condemnation of land and rights of way for special improvements - Taking of possession - Trial - Appeal - Vacation of judgment. Whenever property required to make any improvement authorized by this chapter is to be taken by condemnat…
N.D.C.C. § 40-22-08 Improvement districts to be created
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For the purpose of making an improvement project of one of the types specified in section 40-22-01 and defraying the cost thereof by special assessments, a municipality may create water districts, sewer districts, water and sewer districts, street improvement districts, boulevard…
N.D.C.C. § 40-22-09 Size and form of improvement districts - Regulations governing
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Any improvement district created by a municipality may embrace two or more separate property areas. Each improvement district shall be of such size and form as to include all properties which in the judgment of the governing body, after consultation with the engineer planning the…
N.D.C.C. § 40-22-10 Engineer's report required - Contents
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1. After a special improvement district has been created, the governing body of a municipality, if the governing body deems it necessary to make any of the improvements set out in section 40-22-01 in the manner provided in this chapter, shall direct the engineer for the municipal…
N.D.C.C. § 40-22-14 Plans, specifications, and estimates filed in office of city auditor
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The plans, specifications, and estimates shall be the property of the municipality and shall be filed in the office of the city auditor and shall remain on file in the city auditor's office subject to inspection by any interested person. 40-22-15. Resolution declaring improvement…
N.D.C.C. § 40-22-17 Protest against resolution of necessity - Meeting to hear protest
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If, within thirty days after the first publication of the resolution declaring the necessity of an improvement project of the type specified in any one of the subsections of section 40-22-01, the owners of any property within the improvement district file written protests describ…
N.D.C.C. § 40-22-19 Contract proposals
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Proposals for the work of making improvements provided for in this chapter must be advertised for by the governing body in the official newspaper of the municipality once each week for two consecutive weeks. All other provisions for proposals under this chapter are governed by ch…
N.D.C.C. § 40-22-21 Bidder's bond - Required - Amount
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Repealed by S.L. 1971, ch. 403, § 2.
N.D.C.C. § 40-22-22 Execution of bidder's bond
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Repealed by S.L. 1995, ch. 443, § 29.
N.D.C.C. § 40-22-23 Conditions of bidder's bond
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Repealed by S.L. 1995, ch. 443, § 29.
N.D.C.C. § 40-22-24 Bids - Filing - Sealing - Endorsing - Opening - Considering
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Repealed by S.L. 1995, ch. 443, § 29. 40-22-25. Opening of bids - Bids to be entered on minutes - Final action on bids to be deferred. Repealed by S.L. 1995, ch. 443, § 29.
N.D.C.C. § 40-22-26 Petition by property owners to have paving of certain material - Contents
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If the governing body has called for bids on more than one kind of pavement, after the opening of the bids in connection with an improvement consisting of paving or repaving and before the meeting of the governing body to consider the same, the owners of a majority of the propert…
N.D.C.C. § 40-22-28 Determination of kind of paving after bids are considered
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If the contemplated improvement consists of paving or repaving, the governing body, after it has opened and considered the bids, shall determine by resolution the kind or kinds of pavement to be laid, and thereafter may proceed to award the necessary contract or contracts. 40-22-…
N.D.C.C. § 40-22-30 Contractor's bond - Execution
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Repealed by S.L. 1995, ch. 443, § 29.
N.D.C.C. § 40-22-31 Conditions of contractor's bond
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Repealed by S.L. 1995, ch. 443, § 29.
N.D.C.C. § 40-22-32 Approval of bonds - Return of bidder's bond
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Repealed by S.L. 1995, ch. 443, § 29.
N.D.C.C. § 40-22-33 Failure to execute contractor's bond
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Repealed by S.L. 1995, ch. 443, § 29.
N.D.C.C. § 40-22-34 Insufficiency of bonds - New bonds required - Failure to furnish
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Repealed by S.L. 1995, ch. 443, § 29.
N.D.C.C. § 40-22-35 Execution and filing of contract
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All contracts entered into for any work provided for in this chapter shall be entered into in the name of the municipality and shall be executed on the part of the municipality by the executive officer and countersigned by the auditor. After the contract is signed by the contract…
N.D.C.C. § 40-22-36 Contracts - Conditions and terms
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A contract let under the provisions of this chapter shall require the work to be done pursuant to the plans and specifications on file in the office of the city auditor, subject to the approval of the engineer acting for the municipality, and shall provide further: 1. That the go…
N.D.C.C. § 40-22-41 Validation
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Repealed by omission from this code.
N.D.C.C. § 40-22-42 Confirmation of certain proceedings for city and village improvements
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Repealed by omission from this code.
N.D.C.C. § 40-22-43 Defects and irregularities in improvement proceedings are not fatal
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Defects and irregularities in any proceedings had or to be had under this chapter relating to municipal improvements by the special assessment method, when the proceedings are for a lawful purpose and are unaffected by fraud and do not violate any constitutional limitation or res…
N.D.C.C. § 40-22-44 Discontinuance of municipal parking lots
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The governing body of a municipality may, if it deems it in the best interests of the municipality, discontinue the operation of a municipal parking lot when there exists a higher and better use for the property. If any portion of the cost of such parking lot has been paid for by…
N.D.C.C. § 40-22-45 Equalization of original assessment
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Whenever any portion of the cost of a parking lot which is to be discontinued has been paid for by special assessment, the useful life of the parking lot shall be determined by the governing body. If the period of time determined to be the useful life of the parking lot has not c…