North Dakota Code § 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 
property liable to be specially assessed for such paving or repaving may file a written petition 
with the city auditor indicating that the petitioners have a preference for a certain type of paving 
or paving material for which bids have been invited. Upon receiving such petition, it shall be 
obligatory upon the governing body to cause the paving or repaving to be constructed of a kind 
of paving material indicated in the petition. The petition may consist of a single petition or 
several separate petitions signed by the owners of a majority of the property liable to be 
specially assessed for such improvement or by their authorized agents.

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