North Dakota Code § 40-22-16

Sewer or water improvements and parking lots in municipalities may be
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paid for by service charges.
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 
the case of a parking lot, that a portion of the cost of the improvement shall be raised by service 
charges for the use of the improvement, and of the utility or parking system of which it forms a 
part. If the municipality so resolves, it may determine, in its resolutions, ordinances, and other 
proceedings relating to the levying of special assessments and the issuing of warrants to pay 
the cost of such improvement, that a specified portion or all of such cost shall be assessed 
specially against any property specially benefited and may cause to be assessed only the 
portion so determined. In such event the entire remainder of such cost, including interest as well 
as principal of any warrants issued, over and above the amount of special assessments actually 
collected and received from time to time in the fund of the improvement district, plus any general 
taxes pledged in accordance with section 40 -24-10 and similarly collected and received, shall 
be paid from the net revenues derived from said service charges; provided, that nothing herein 
shall affect the power and duty of the governing body to levy a tax for the payment of a 

deficiency in the improvement district fund at the times and under the conditions set forth in 
section 40 -26-08. All of the applicable provisions of this title relating to special assessments 
shall be applicable to such improvements except as to the portion of the cost thereof resolved or 
ordained to be paid by service charges. The governing body of the municipality shall provide for 
the establishment, imposition, and collection of service charges for the services furnished by 
such improvement and the utility or parking system of which it forms a part, and in connection 
therewith it shall have all the rights and powers respecting such service charges as it would 
have with respect to like matters if such improvement were made in accordance with chapter 
40-35. The net revenues derived from the imposition and collection of such service charges, or 
such portion thereof as shall be determined by the governing body in said resolutions and 
ordinances, shall be paid into the appropriate improvement district funds created pursuant to 
section 40-24-18. Such revenues when collected shall be used and applied in the same manner 
as moneys paid into such funds from the collection of special assessments. In its resolutions 
and ordinances, the governing body of any municipality issuing warrants to finance any such 
improvement may establish an assessment reserve in the fund of the improvement district, to 
which it may appropriate net revenues of the utility or system from time to time received in 
excess of amounts required, with special assessments and taxes then on hand, to meet the 
principal and interest next due on such warrants. Prior to November first of any year, the 
governing body may by resolution determine the proportion which the amount then on hand in 
said assessment reserve, and irrevocably appropriated to the payment of said warrant, bears to 
the aggregate amount of the installment of the special assessments and taxes levied for the 
improvement which is payable in the following year, including interest thereon, and the 
governing body may direct the county auditor to reduce, by not more than a proportionate 
amount, the total of such installment and interest which would otherwise be placed upon the tax 
list of the municipality for the current year, against each lot and tract of land assessed or taxed 
for the improvement. If such installment of the special assessment on any property has been 
prepaid, the governing body may direct the city auditor to refund, out of the assessment reserve, 
to the owner of the property at the time of such refund as indicated in the records of the recorder 
of the county, a sum not exceeding a similar proportion of the principal amount of such 
installment, excluding interest.

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