§ 61-24.8-36 — Special improvement moneys to be kept separate - Designation and numbering of funds - Diversion of moneys prohibited

North Dakota § 61-24.8-36

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-24.8: Garrison Diversion Conservancy District Irrigation Special Assessments

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applicable to such improvements except as to the portion of the cost of improvements resolved
or ordained to be paid by service charges. The board of the district shall provide for the
establishment, imposition, and collection of service charges for the services furnished by the
improvement and the utility of which it forms a part, and in that connection it has all the rights
and powers respecting such service charges as it would have with respect to like matters if the
improvement were made in accordance with sections 61-24-22 through 61-24-32. The net
revenues derived from the imposition and collection of the service charges or any portion of the
service charges as are determined by the board in the resolutions and ordinances must be paid
into the appropriate improvement district funds created under section 61-24.8-36. The revenues
when collected must be used and applied in the same manner as moneys paid into such funds
from the collection of special assessments. The board in issuing bonds to finance any such
improvement in its resolutions 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 then on hand, to meet
the principal and interest next due on the bonds. Before November first of any year, the district
may by resolution determine the proportion which the amount then on hand in the assessment
reserve, and irrevocably appropriated to the payment of the bond, bears to the aggregate
amount of the installment of the special assessments levied for the improvement which is
payable in the following year, including interest. The district may direct the auditor to reduce, by

not more than a proportionate amount, the total of that installment and interest which would
otherwise be placed upon the tax list of the improvement district for the current year against
each lot and tract of land assessed or taxed for improvement. If the installment of the special
assessment on any property has been prepaid, the board may direct the district to refund, out of
the assessment reserve, to the owner of the property at the time of the 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.