§ 40-22-09 — Size and form of improvement districts - Regulations governing

Any improvement district created by a municipality may embrace two or more separate
property areas. Each improvement district shall be of such size and form as to include all
properties which in the judgment of the governing body, after consultation with the engineer
planning the improvement, will be benefited by the construction of the improvement project
which is proposed to be made in or for such district, or by any portion or portions of such
project. A single district may be created for an improvement of the type specified in any one of
the subsections of section 40-22-01, notwithstanding any lack of uniformity among the types,
items, or quantities of work and materials to be used at particular locations throughout the
district. The jurisdiction of a municipality to make, finance, and assess the cost of any
improvement project shall not be impaired by any lack of commonness, unity, or singleness of
the location, purpose, or character of the improvement, or by the fact that any one or more of
the properties included in the district is subsequently determined not to be benefited by the
improvement, or by a particular portion thereof, and is not assessed therefor. There may be
omitted from a water or sewer district, in the discretion of the governing body, properties within
the corporate limits which are benefited by the improvement therein but do not abut upon a
water or sewer main, without prejudice to the right and power of the municipality subsequently
to assess such properties to the extent and in the manner permitted by law. The governing body
may by resolution enlarge an improvement district in which an improvement is proposed or
under construction upon receipt of a petition therefor signed by the owners of three-fourths of
the area to be added to the district.