Title 40 — Municipal Government

Bonds issued for the purchase of special assessment warrants shall mature serially. The first installment shall fall due not more than three years from the date of issuance of the bonds, and the last installment shall fall due not more than twenty years from the date of the bonds…

Bonds issued pursuant to section 40-27-01 shall be the general obligations of the issuing municipality, and the full faith and credit and the unlimited taxing power of such municipality shall be pledged to their payment. 40-27-05. Special fund for payment of bonds issued for purc…

The governing body of a municipality, when it shall deem it necessary, by resolution, may require the owners of all property abutting on any street, avenue, or alley to construct or cause to be constructed, at the expense of and as a charge against the property fronting on such s…

Upon the adoption of the resolution as provided in section 40-28-01, the city auditor shall publish in the official municipal newspaper once each week for two successive weeks a notice to the owners or occupants of the property involved stating what work is to be done and the tim…

All money collected from assessments for laying and constructing sewer, water, and other service connections provided for in this chapter shall be kept in a fund called "sewer and water connections assessment fund", and warrants shall be drawn on such fund for the payment of the …

After the adoption of the resolution declaring the necessity of making the service connections as provided in section 40-28-01, the governing body, by resolution, shall direct the engineer acting for the municipality to prepare plans and specifications for the work and file them …

The governing body shall direct the city auditor to advertise for bids in accordance with chapter 48-01.2 for the laying and construction of service connections in accordance with the plans and specifications therefor. 40-28-08. Bond required of successful bidder for making servi…

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…

If the contractor shall perform the work designated in the contract properly, the governing body, from time to time as the work progresses and in its discretion, may pay such contractor between ninety and ninety-five percent of the amount earned under the contract to the time of …

In cities which have no city engineer, the street commissioner shall perform the duties enjoined upon the city engineer under the provisions of this chapter, if no engineer is employed by the governing body of the municipality for such purposes.

The owner of any lot or parcel of land adjoining any street, lane, or alley in any incorporated municipality shall construct, reconstruct, and maintain in good repair such sidewalks along the street, lane, or alley adjacent to the owner's lot or parcel of land as have been constr…

Except as otherwise provided in this chapter, if the governing body deems it necessary to construct, rebuild, or repair any sidewalk in the municipality, it shall notify each owner of record at the last address shown in the recorder or the county treasurer or occupant of any lot …

If the sidewalk is not constructed, repaired, or rebuilt in the manner and within the time prescribed in the notice, the governing body shall order the work done by such person as it may have contracted with therefor, under the supervision of the city engineer or of the street co…

The expense of constructing, repairing, or rebuilding sidewalks must be assessed against the lots or parcels of land benefited by the sidewalk by the city engineer, or by the street commissioner in cities having no city engineer, who shall return the assessment and file it in the…

Repealed by S.L. 1967, ch. 323, § 285.

Bids for the construction of sidewalks in a city must be made in accordance with chapter 48-01.2.

Repealed by S.L. 1995, ch. 443, § 29. 40-29-09. City auditor to deliver assessment rolls to county auditor - Extension - Collection. The city auditor shall deliver to the county auditor a duplicate of all assessment rolls containing assessments made under the provisions of this c…

The city auditor shall keep in the city auditor's office a book called "sidewalk assessment book" and shall enter therein the cost certified by the street commissioner or the governing body as an assessment against the lots or parcels of land benefited by a sidewalk constructed, …

All assessments for sidewalks must be payable in equal annual amounts extending over a period not exceeding twenty years and must bear interest at an annual rate of not more than two percentage points above the average net annual interest rate on warrants for the total amount of …

Repealed by S.L. 1969, ch. 374, § 2. 40-29-13. Sidewalks repaired or constructed in municipalities not to be paid for by general taxation - Exception. Except as otherwise provided in this chapter, a municipality shall not be liable generally on any contract for the construction, …

All moneys received by a municipality from assessments for the construction, rebuilding, or repairing of sidewalks shall be kept in a separate fund designated as "sidewalk special fund". Warrants shall be drawn on such fund for the payment of the cost of constructing, rebuilding,…

All sidewalk assessment warrants shall be payable as specified and in such amounts as in the judgment of the governing body will be provided by the taxes and assessments. The warrants shall bear interest at a rate or rates and be sold at a price resulting in an average net intere…

The city auditor shall pay sidewalk assessment warrants and interest thereon at the time or times and in the manner designated by the governing body out of the sidewalk special fund. 40-29-17. Property owners petition for drainage and construction or repair of streets and sidewal…

From the time any assessment list provided for in this chapter is approved by the governing body, the assessment, with interest and penalties thereon, shall be and remain a permanent lien upon the property upon which the assessment is levied until the assessment is paid in full, …

Any city may install upon any of its streets any special system or systems of streetlighting and defray the expenses and cost thereof as provided in this chapter.

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 d…

In conducting proceedings under this chapter, it shall not be necessary to establish any separate lighting or improvement districts, and in assessing the benefits, no assessment shall be made against any property other than that immediately contiguous to the streets or avenues wh…

Repealed by S.L. 1993, ch. 261, § 6. 40-31-02. City to build curbing - Assessment of expense - Notice of assessment - Approval by governing body. The curbing in the city shall be built, repaired, or rebuilt in the manner and within the time prescribed by the governing body, which…

At least once every year that the city plans to construct or repair curbing or gutters, the city auditor shall solicit bids in accordance with chapter 48-01.2.

Whenever in the judgment of the street commissioner the necessary repairs on curbing will not exceed in cost the sum of ten dollars for each twenty-five feet [7.62 meters] in front of land belonging to the same owner, the commissioner shall notify the city auditor thereof, and th…

Except as otherwise provided in this chapter, a city shall not be liable generally on any contract for the building or repairing of curbing and shall not be required to pay funds raised by general taxation upon any such contract.

All moneys received by a city from assessments for building or repairing curbing shall be kept in a separate fund designated as the curbing special fund. Warrants shall be drawn upon such fund for the payment of the cost of building and repairing curbing in the municipality. Exce…

All curbing assessment warrants shall be payable as specified and in such amounts as in the judgment of the governing body will be provided by the taxes and assessments. The warrants shall bear interest at a rate or rates and be sold at a price resulting in an average net interes…

The city auditor shall pay curbing assessment warrants and interest thereon at the time or times and in the manner designated by the governing body out of the curbing special fund.

The street commissioner shall serve the notice provided in section 40-32-01 or cause the same to be served by leaving a copy thereof at the dwelling house on such lot or parcel of land with some person over the age of fourteen years residing therein, or, if the lot or parcel of l…

Within ten days after the service of the notice, any property owner may file written objections to the making of the improvement described therein. At the next meeting following the filing of the objections, the governing body shall consider the validity of the objections and if …

If the improvement is not objected to or is not completed or commenced, as the case may be, within the time prescribed in the notice, or if the improvement specified in the notice consists of the maintenance of a boulevard or some improvement thereon, the city, in the event that …

An improvement provided for in this chapter may be made or maintained only in a block of the city in which the same improvement has been or is being made or maintained by the owners of two-thirds of the entire frontage in the block on the boulevard affected.

The expense of the improvement shall be assessed by the street commissioner against the lots or parcels of land properly chargeable therewith, and such assessment shall be returned by the street commissioner and filed in the city auditor's office. The city auditor shall cause suc…

The city auditor shall keep in the city auditor's office a book called "boulevard assessment book" and shall enter therein any assessment certified by the street commissioner as an assessment against the lots or parcels of land adjoining the improvement made under the provisions …

All moneys collected from assessments for making any of the improvements described in this chapter shall be kept in a fund called "boulevard assessment fund". Warrants shall be drawn on such fund for the payment of the cost of making any such improvement or of maintaining the sam…

The board of park commissioners of any city organized as a park district may exercise the powers defined in this chapter for the making or maintenance of any improvement upon any boulevards coming within its jurisdiction.

The provisions of this chapter are supplementary to the provisions of the laws of this state authorizing municipalities to make the improvements enumerated in this chapter by the creation of special improvement districts.

Within the debt limit provision of the Constitution of North Dakota, the municipality may pay, at the option of the governing body, any portion of the cost of the improvement by general taxation upon all the taxable property in the municipality. The tax shall be levied at the tim…

No municipality shall issue its bonds as authorized by section 40-33-04 until the question of issuing the bonds shall have been approved by a majority of the electors of the municipality voting upon such question at an election called, held, and conducted as specified in section …

Upon proper orders or warrants issued upon the authority of the governing body of the municipality, there shall be paid out of the municipal utilities fund all sums necessary for the operation, maintenance, enlargement, repair, alteration, improvement, and extension of the plant …

When the governing body of the municipality determines that there is a cash surplus in the municipal utilities fund over and above any amount necessary to provide adequately for the operation, maintenance, repair, enlargement, alteration, improvement, and extension of the plant o…

Whenever the governing body shall deem it advisable, a municipality owning and operating its own electric lighting system or waterworks may enter into contracts with persons, corporations, or limited liability companies maintaining manufacturing plants, residences, or other build…

If the governing body decides to furnish electricity or water outside the municipal limits, it shall be done by a contract authorized by the governing body and executed on its part by the executive officer and the city auditor and by the customer or customers to be supplied. No s…

Any proceedings instituted under the law as it was at the time of the purchase, erection, operation, maintenance, enlargement, improvement, or extension of a municipal utility or the lease thereof from any person, firm, corporation, or limited liability company or the sale or lea…