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Chapter 40-22

Improvements by Special Assessment Method
Section Section Name
40-22-01 Power of municipalities to defray expense of improvements by special assessments
40-22-01.1 Restoration of property damaged in flood control or during a declared disaster or emergency ‑ Special assessments for costs
40-22-01.2 Municipal policy providing special assessment determination methods for allocation of assessments among and within classes of property
40-22-01.3 Power of municipality to defray expense of improvements ‑ Infrastructure fee
40-22-02 Sewerage system ‑ Establishment, maintenance, and alteration ‑ Vote required
40-22-03 Acquiring property for sewers, water mains, and water supply beyond corporate limits
40-22-04 Discharge of sewage ‑ Regulations governing
40-22-05 Condemnation of land and rights of way for special improvements ‑ Taking of possession ‑ Trial ‑ Appeal ‑ Vacation of judgment
40-22-06 Agreement with state agency, county, water resource district, or federal agency for certain improvements
40-22-06.1 Cities with population of over ten thousand may enter into agreement with highway department or county for certain improvements
40-22-07 Dispensing with preliminary requirements in making improvements in conjunction with highway department or county
40-22-08 Improvement districts to be created
40-22-09 Size and form of improvement districts ‑ Regulations governing
40-22-10 Engineer's report required ‑ Contents
40-22-11 Approval of plans, specifications, and estimates ‑ Approval establishes grade of street
40-22-12 Requirements of plans, specifications, and estimates when improvement is paving or beautification of streets
40-22-13 Municipal engineer to retain copy of plans, specifications, and estimates ‑ Sale of copies
40-22-14 Plans, specifications, and estimates filed in office of city auditor
40-22-15 Resolution declaring improvements necessary ‑ Exception for sewer and water improvements ‑ Contents of resolution ‑ Publication of resolution
40-22-16 Sewer or water improvements and parking lots in municipalities may be paid for by service charges
40-22-17 Protest against resolution of necessity ‑ Meeting to hear protest
40-22-18 Protest bar to proceeding ‑ Invalid or insufficient protests ‑ Payment of costs ‑ Tax levy
40-22-19 Contract proposals
40-22-20 Bid to be accompanied by a bond ‑ Bond retained upon failure of bidder to contract ‑ Amount of bond
40-22-21 Bidder's bond ‑ Required ‑ Amount
40-22-22 Execution of bidder's bond
40-22-23 Conditions of bidder's bond
40-22-24 Bids ‑ Filing ‑ Sealing ‑ Endorsing ‑ Opening ‑ Considering
40-22-25 Opening of bids ‑ Bids to be entered on minutes ‑ Final action on bids to be deferred
40-22-26 Petition by property owners to have paving of certain material ‑ Contents
40-22-27 Rejection of bids ‑ Readvertising for bids or construction by municipality without contract ‑ Re-evaluation of project
40-22-28 Determination of kind of paving after bids are considered
40-22-29 Engineer's statement of estimated cost required ‑ Governing body to enter into contracts
40-22-30 Contractor's bond ‑ Execution
40-22-31 Conditions of contractor's bond
40-22-32 Approval of bonds ‑ Return of bidder's bond
40-22-33 Failure to execute contractor's bond
40-22-34 Insufficiency of bonds ‑ New bonds required ‑ Failure to furnish
40-22-35 Execution and filing of contract
40-22-36 Contracts ‑ Conditions and terms
40-22-37 Contractor shall be paid during progress of work ‑ Retainage ‑ Failure to pay ‑ Rate of interest ‑ Investment of retainage
40-22-38 Application of chapter to waterworks and water mains ‑ Acquisition of waterworks, sewage treatment and disposal plants, and sewer systems
40-22-39 Abbreviations, letters, or figures may be used in proceedings for levy and collection of special assessments
40-22-40 City auditor to keep complete record of improvements ‑ Record as evidence
40-22-41 Validation
40-22-42 Confirmation of certain proceedings for city and village improvements
40-22-43 Defects and irregularities in improvement proceedings are not fatal
40-22-44 Discontinuance of municipal parking lots
40-22-45 Equalization of original assessment
40-22-46 Payment of outstanding warrants ‑ Deposits of surplus in general fund ‑ General fund liable for any outstanding warrants

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