Title 40, Municipal Government
85 chapters · 1,001 sections in this title.
N.D.C.C. § 40-22-01 Power of municipalities to defray expense of improvements by special assessments
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Any municipality, upon complying with the provisions of this chapter, may defray the expense of any or all of the following types of improvements by special assessments: 1. The construction of a water supply system, or a sewerage system, or both, or any part thereof, or any impro…
N.D.C.C. § 40-22-01.1 Restoration of property damaged in flood control or during a declared disaster or emergency - Special assessments for costs
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When any city has constructed any temporary emergency flood control protection devices or works to protect property located within a portion of a city from flood damage or expended funds for the protection of the city from flood or other peril under chapter 37-17.1 or otherwise, …
N.D.C.C. § 40-22-01.2 Municipal policy providing special assessment determination methods for allocation of assessments among and within classes of property
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Within five months of this section becoming applicable to a city, the governing body of each city with a population exceeding ten thousand shall adopt written policies, after a public hearing for consideration of the policies, which will be applied for cost allocation among prope…
N.D.C.C. § 40-22-01.3 Power of municipality to defray expense of improvements - Infrastructure fee
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1. Notwithstanding section 40-22-01, a municipality may levy and collect an infrastructure fee. The fee must replace a general special assessment on all property for payment of infrastructure maintenance costs through a utility bill issued by a municipality. The money collected u…
N.D.C.C. § 40-22-02 Sewerage system - Establishment, maintenance, and alteration - Vote required
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The governing body of any municipality may establish, maintain, and alter a general system of sewerage for the municipality in such manner and under such regulations as it shall deem expedient and proper. No action shall be taken for the establishment of a sewerage system except …
N.D.C.C. § 40-22-03 Acquiring property for sewers, water mains, and water supply beyond corporate limits
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When it is necessary to conduct the sewage of a municipality beyond the municipal limits or to acquire a supply of water beyond such limits and to construct mains or aqueducts to conduct such water to the municipal limits, the governing body, by grant, purchase, or condemnation p…
N.D.C.C. § 40-22-05 Condemnation of land and rights of way for special improvements - Taking of possession - Trial - Appeal - Vacation of judgment
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Whenever property required to make any improvement authorized by this chapter is to be taken by condemnation proceedings, the court, upon request by resolution of the governing body of the municipality making such improvement, shall call a special term of court for the trial of t…
N.D.C.C. § 40-22-06 Agreement with state agency, county, water resource district, or federal agency for certain improvements
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Any municipality in this state, through its governing body, may enter into an agreement with any state agency, the board of county commissioners, or water resource board of the county in which the municipality is located, or a joint water resource board which jurisdiction include…
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. § 40-22-11 Approval of plans, specifications, and estimates - Approval establishes grade of street
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At any time after receiving the engineer's report required by section 40-22-10, the governing body may direct the engineer to prepare detailed plans and specifications for construction of the improvement. The plans and specifications shall be approved by a resolution of the gover…
N.D.C.C. § 40-22-12 Requirements of plans, specifications, and estimates when improvement is paving or beautification of streets
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If an improvement to be financed by special assessments consists in paving or repaving any street, alley, or public place, the governing body of the municipality may require the plans, specifications, and estimates for the improvement to be made for one kind of pavement or severa…
N.D.C.C. § 40-22-13 Municipal engineer to retain copy of plans, specifications, and estimates - Sale of copies
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The engineer acting for the municipality shall retain a copy of the plans, specifications, and estimates which have been prepared for any improvement on file in the engineer's office. The engineer shall furnish to any person applying therefor copies of the same, and, if the engin…
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.
N.D.C.C. § 40-22-15 Resolution declaring improvements necessary - Exception for sewer and water improvements - Contents of resolution - Publication of resolution
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After the engineer's report required by section 40-22-10 has been filed and approved, the governing body of the municipality, by resolution, shall declare that it is necessary to make the improvements described therein. However, a resolution is not required if the improvement con…
N.D.C.C. § 40-22-16 Sewer or water improvements and parking lots in municipalities may be paid for by service charges
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A municipality constructing a sewer or water improvement or a parking lot under the special assessment method may resolve in the resolution or ordinance required by section 40-22-08 in the case of a sewer or water improvement, or in the resolution required by section 40-22-15 in …
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. § 40-22-18 Protest bar to proceeding - Invalid or insufficient protests - Payment of costs - Tax levy
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If the governing body finds the protests to contain the names of the owners of a majority of the area of the property included within the improvement district, the protests shall be a bar against proceeding with any special assessment for the improvement project. However, the pro…
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. § 40-22-26 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.
N.D.C.C. § 40-22-29 Engineer's statement of estimated cost required - Governing body to enter into contracts
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Before adopting or rejecting any bid filed under the provisions of this chapter, the governing body shall require the engineer for the municipality to make a careful and detailed statement of the estimated cost of the work for which proposals were advertised under section 40-22-1…
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. § 40-22-37 Contractor shall be paid during progress of work - Retainage - Failure to pay - Rate of interest - Investment of retainage
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If the contractor to whom a contract is let properly performs the work therein designated, the governing body, at least once in each calendar month during the continuance of such contract work, shall meet, receive, and consider estimates furnished by the agent, engineer, or archi…
N.D.C.C. § 40-22-38 Application of chapter to waterworks and water mains - Acquisition of waterworks, sewage treatment and disposal plants, and sewer systems
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The provisions of this chapter relating to water mains and waterworks apply only to municipalities that own or contemplate owning a system of waterworks and water mains. In case of the purchase of a waterworks system or of a sewage treatment or disposal plant or of a system of se…
N.D.C.C. § 40-22-39 Abbreviations, letters, or figures may be used in proceedings for levy and collection of special assessments
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In all proceedings for the levy and collection of special assessments, abbreviations, letters, and figures may be used to denote additions, lots, lands, blocks, sections, townships, ranges, and parts thereof, years, days of the month, and amounts of money.
N.D.C.C. § 40-22-40 City auditor to keep complete record of improvements - Record as evidence
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The city auditor shall keep in the city auditor's office a complete record of all the proceedings taken in the matter of making any improvements under this chapter. Such record shall include all reports and the confirmations thereof, all petitions, orders, appointments of commiss…
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…
N.D.C.C. § 40-22-46 Payment of outstanding warrants - Deposits of surplus in general fund - General fund liable for any outstanding warrants
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Upon the discontinuance of any municipal parking lot under the authority of sections 40-22-44 and 40-22-45, the governing body shall apply the proceeds from the sale of such property, if such property is sold, to the special assessment fund created to bear the cost of creating th…