40-22 Improvements by Special Assessment Method
Loading PDF...
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 improvement thereto or extension or replacement thereof,
including the construction and erection of wells, intakes, pumping stations, settling
basins, filtration plants, standpipes, water towers, reservoirs, water mains, sanitary
and storm sewer mains and outlets, facilities for the treatment and disposal of
sewage and other municipal, industrial, and domestic wastes, and all other
appurtenances, contrivances, and structures used or useful for a complete water
supply and sewerage system.2.The improvement of the municipal street system and any part thereof, including any
one or more of the processes of acquisition, opening, widening, grading, graveling,
paving, repaving, surfacing with tar, asphalt, bituminous, or other appropriate
material, resurfacing, resealing, and repairing of any street, highway, avenue, alley,
or public place within the municipality, and the construction and reconstruction of
overhead pedestrian bridges, pedestrian tunnels, storm sewers, curbs and gutters,
sidewalks, and service connections for water and other utilities, and the installation,
operation, and maintenance of streetlights and all types of decorative streetlighting,
including but not restricted to Christmas streetlighting decorations.3.The improvement of boulevards and other public places by the planting of trees, the
construction of grass plots and the sowing of grass seed therein, and the
maintenance and preservation of such improvements by the watering of such trees
and grass, the cutting of such grass, and the trimming of such trees, or otherwise in
any manner which may appear necessary and proper to the governing body of the
municipality.4.The acquiring of the necessary land and easements and the construction of the
necessary works, within and without the municipality, for flood protection of
properties within the municipality.5.The acquiring or leasing of the necessary property and easements and the
construction of parking lots, ramps, garages, and other facilities for motor vehicles.In planning an improvement project of a type specified in any one of the foregoing subsections,
the governing body may include in such plans any and all items of work and materials which in its
judgment are necessary or reasonably incidental to the completion of an improvement project of
such type.40-22-01.1.Restoration of certain property damaged in flood control - Specialassessments for costs. When any city shall have constructed any temporary emergency flood
control protection devices or works to protect property located within a portion of a city from flood
damage, the city may cause the removal of material used in the construction of such temporary
emergency flood control protection devices or works and the repair of damages to land,
buildings, or personal property caused by the operation of its equipment upon the property while
in the process of installing or removing such temporary emergency flood protection systems.
Such city may create by resolution of its governing board a special assessment district
encompassing the protected area. Special assessments against the property within the district
shall be imposed to cover the costs incurred by the city in removing the material used and in
repairing the damages caused by the operation of equipment while installing or removing such
temporary emergency flood protection systems. Special assessments against any property in
the district shall be determined and made in the same manner as is provided for improvementsPage No. 1by special assessments to the extent consistent herewith, and the certification and collection,
including lien provisions, applicable to other special assessments shall be applicable hereto.
Provided, however, that the provisions of sections 40-22-15, 40-22-17, and 40-22-18, relating to
a resolution of necessity and protests against special assessments, shall not apply to special
assessment districts created pursuant to this section.40-22-02. Sewerage system - Establishment, maintenance, and alteration - Voterequired. 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 seweragesystem except upon the affirmative vote of two-thirds of the members of the governing body.
When a sewerage system is established, all measures necessary for the construction of sewers
as a part of that system may be taken by a vote of the majority of the governing body.40-22-03. Acquiring property for sewers, water mains, and water supply beyondcorporate limits. 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 proceedings, may acquire private property over which to construct the sewer, or
upon and over which to establish facilities for obtaining and storing such water supply and
aqueducts or mains for conducting the same to the corporate limits. Public property may likewise
be acquired for such purposes by grant or purchase from the government or public corporation
owning the same.The cost of acquiring such property and of building such sewer or otherfacilities upon or over the property may be included in the cost of construction or acquisition of a
municipal waterworks or sewerage system and in the special assessments levied therefor, or the
entirety of such a project may be completed as an improvement to an existing waterworks or
sewage system and special assessments may be levied therefor in accordance with the
provisions of this title.40-22-04. Discharge of sewage - Regulations governing. Repealed by S.L. 1975, ch.575,