# Title 40 — Municipal Government

## Chapter 40-28 — Service Connections

### § 40-28-01. Connections with sewers and other mains - Service connections.

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
street, avenue, or alley, the connections from any sewer, water main, gas main, steam or other
pipe, wire cable, conduit, or other service connection pipe or wire under the surface of such
street, avenue, or alley to a point inside of the curb line on either or both sides of such street,
avenue, or alley at such intervals along the whole length thereof as may be necessary to supply
and serve each lot, part of lot, or parcel of land in accordance with the municipal ordinance
governing the laying and construction of such connections. A resolution may be adopted
pursuant to this section requiring the service connection to be made at the time of the laying and
construction of the sewer, main, pipe, cable, conduit, or wire, as a part of the contract for laying
and constructing the same, or at any subsequent time.
### § 40-28-02. Notice to owner or occupant to construct service connection pipes or wires.

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 time
within which it is to be completed. The notice may be general as to the owners but shall be
specific as to the descriptions of the lots or parcels of land in front, along the side, or in the rear
of which the improvement is to be made and which the improvement affects.
### § 40-28-03. Municipality may contract work when property owner fails to make service

connections as required.
If the connection with the sewer, main, wire, or conduit is not made by the owner of the
property within the time specified in the notice given by the city auditor, the governing body shall
order such work done by such person as it may contract with therefor at the expense of the lot
or parcel of land adjoining each improvement or service connection. Such work shall be
administered and observed under the supervision of the engineer acting for the municipality.
The expense of making such connection, including the expense of giving all notices relating
thereto, of making the assessments therefor, and of any other nature, shall be assessed by the
engineer against the lot or parcel of land properly chargeable therewith, and the assessment list
shall be filed in the office of the city auditor. The city auditor shall cause such list, together with a
notice of the time when and place where the governing body will meet to consider the approval
thereof, to be published in one issue of the official newspaper of the municipality at least ten
days prior to the meeting of the governing body at which the approval of the assessment will be
considered.
### § 40-28-04. Assessments extended over period of from one year to five years -

Certification of assessments.
Assessments for improvements made under the provisions of this chapter shall be paid in
equal payments extending over a period of not less than one year nor more than five years, as
the governing body of the municipality may determine. Such assessments as may be approved
by the governing body shall be certified by the city auditor to the county treasurer for collection,
and such assessments shall be collected in the same manner as special assessments are
collected.
### § 40-28-05. Sewer and water connections assessment fund - Warrants - Payment.

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 cost of such connections. All sewer and water connections assessment warrants shall be

payable as specified and in such amount as in the judgment of the governing body will be
provided by the taxes and assessments. Such warrants shall bear interest at a rate of not more
than seven percent per annum and interest shall be payable annually. They may have coupons
attached representing each year's interest. The warrants shall state on their face the purpose for
which they were issued and from what fund they are payable, and shall be signed by the
executive officer, countersigned by the city auditor under the seal of the municipality, and shall
be in denominations of not to exceed one thousand dollars each. The warrants may be used to
make payment on contracts for making the connections or may be sold for cash at not less than
par value thereof and the proceeds credited to the special fund and used to pay for such
connections. Except as otherwise provided in section 40-26-08, a municipality shall not be liable
generally on any contracts for the making of such connections and shall not be required to pay
funds raised by general taxation upon any such contract.
### § 40-28-06. Plans and specifications ordered for service connections.

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 with the city auditor.
### § 40-28-07. Bids for service connections.

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 service connections -

Amount - Conditions - Approval.
Repealed by S.L. 1995, ch. 443, § 29.
### § 40-28-09. Contracts for making service connections - Execution - Contents.

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 governing body shall have the right to suspend the work at any time for
improper construction and to relet the contract therefor or to order a reconstruction of
the work as to any part thereof improperly done;
2. The time within which the work shall be completed;
3. The period of time for which the work shall be guaranteed as to workmanship and
materials;
4. The fund from which the contract price is to be paid by the municipality;
5. That the consideration expressed in the contract is payable only in warrants drawn on
the fund described in the contract;
6. That the municipality assumes and incurs no general liability under such contract; and
7. That failure of the engineer to reject work and materials which are not up to
specifications and acceptance of the job by the engineer shall not release the
contractor from liability for any failure on the contractor's part to perform work or
furnish materials in accordance with the plans and specifications.
Such contract shall be entered into in the name of the municipality and executed on its behalf by
its executive officer and countersigned by its auditor, and the seal of the municipality affixed
thereto. When the contract has been signed by the contractor, it shall be filed in the office of the
city auditor. The engineer acting for the municipality shall supervise and inspect the work during
its progress.
### § 40-28-10. Contractor may be paid from time to time on estimates.

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
payment as determined by estimates made by the engineer acting for the municipality. Any
payments made under this section shall be by warrants drawn on the sewer and water
connections assessment fund.
### § 40-28-11. Duties of street commissioner in certain cities.

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.
