N.D. Cent. Code § 40-01-23 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-23
40-01-23. Authorization to organize and participate in an organization of city governments
Status: in_force

40-01-23. Authorization to organize and participate in an organization of city

governments.

1. Cities incorporated under the statutes of North Dakota are hereby authorized upon

motion of the city governing body to organize and participate in an organization of city

governments.

2. The organization or organizations authorized hereunder must be organized pursuant

to chapter 10-33.
N.D. Cent. Code § 40-05-01 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-01
40-05-01. Powers of all municipalities
Status: in_force

40-05-01. Powers of all municipalities

The governing body of a municipality shall have the power:

1. Ordinances. To enact or adopt all such ordinances, resolutions, and regulations, not

repugnant to the constitution and laws of this state, as may be proper and necessary

to carry into effect the powers granted to such municipality or as the general welfare of

the municipality may require, and to repeal, alter, or amend the same. The governing

body of a municipality may adopt by ordinance the conditions, provisions, and terms of

a building code, a fire prevention code, a plumbing code, an electrical code, a sanitary

code, vehicle traffic code, or any other standard code which contains rules and

regulations printed as a code in book or pamphlet form by reference to such code or

portions thereof alone without setting forth in said ordinance the conditions, provisions,

limitations, and terms of such code. When all or part of any such code has been

incorporated by reference into any ordinance, it has the same force and effect as

though it had been spread at large in such ordinance without further or additional

posting or publication. A copy of such standard code or portion thereof shall be filed for

use and examination by the public in the office of the city auditor of such municipality

prior to adoption. The adoption of any such standard code by reference shall be

construed to incorporate such amendments thereto as may be made therein from time

to time, and such copy of such standard code so filed shall at all times be kept current

in the office of the city auditor of such municipality. The adoption of any such code or

codes heretofore by any municipality is hereby validated. Fines, penalties, and

forfeitures for the violation thereof may be provided within the limits specified in this

chapter notwithstanding that such offense may be punishable also as a public offense

under the laws of this state.

2. Finances and property. To control the finances, to make payment of its debts and

expenses, to contract debts and borrow money, to establish charges for any city or

other services, and to control the property of the corporation.

3. Appropriation. To appropriate money for corporate purposes only, and to provide for

the payment of debts and expenses of the corporation.

4. Tax levy. To levy and collect taxes on real and personal property for general and

special purposes.

5. Borrowing money. To borrow money on the credit of the corporation for corporation

purposes and to issue bonds therefor as limited and provided by title 21.

6. Refunding obligations. To issue bonds in place of or to supply means to meet maturing

bonds, or for the consolidation or funding of bonds or any floating indebtedness of the

municipality in the manner provided in title 21.

7. Certificates of indebtedness. To borrow money in anticipation of revenues to be

derived from taxes already levied as provided and limited in title 21.

8. Streets, sidewalks, and public grounds. To lay out, establish, open, alter, repair, clean,

widen, vacate, grade, pave, park, or otherwise improve and regulate the use of streets,

alleys, avenues, sidewalks, crossings, and public grounds, and to acquire, construct,

maintain, and operate parking lots and facilities for motor vehicles; to regulate or

prevent any practice having a tendency to annoy persons frequenting the same; and to

prevent and regulate obstructions and encroachments upon the same.

9. Powers relating to parks - Planting grass and trees - Powers respecting parks. To

regulate the planting of trees and grass on boulevards, berms, parks, parkways, and

public grounds, and to exercise the same powers as are granted to a board of park

commissioners respecting the parks of the municipality, if any, until the municipality

has been organized into a park district.

10. Lighting of public places. To provide for the lighting of streets, alleys, avenues, parks,

and public grounds.

11. Lights to inhabitants of city. To provide for the furnishing of lights to the inhabitants of

the city.

12. Gas and water mains - Sewers - Electric light and gas plants. To regulate the laying of

gas or water mains and pipes, and the building, laying, or repairing of sewers, tunnels,

and drains, and the erecting of gas and electric light plants. Any company or

association of persons organized for the purpose of manufacturing illuminating gas or

electricity to supply municipalities and the inhabitants thereof shall have authority,

subject to existing rights, with the consent of the governing body of the municipality, to

erect gas or electric light works and lay down pipes and string wires or poles in streets

or alleys subject to such regulations as the municipality may prescribe by ordinance.

13. Structures under sidewalks - Snow and obstructions. To regulate the use of all

structures under sidewalks and to require the owner or occupant of any premises to

keep the sidewalks in front of or along such premises free from snow or other

obstruction.

14. Streets - Cleanliness of and injury to. To regulate and prevent the throwing or

depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent

injury to, any street, avenue, alley, or public ground.

15. Curbs and gutters. To provide for and regulate curbs and gutters.

16. Advertising and obstructions in public places. To regulate and prevent the use of

streets, sidewalks, and public grounds for signs, signposts, awnings, telegraph and

telephone poles, posting handbills and advertisements, the exhibition or carrying of

banners, placards, advertisements, or handbills, and the flying of flags, banners, or

signs across the streets or from houses.

17. Traffic and sales in public places. To regulate traffic and sales upon the streets,

sidewalks, and public places.

18. Speed of vehicles and locomotives. To regulate the speed of vehicles and locomotives

within the corporate limits of the corporation, except that the speed limit for vehicles on

those streets designated as part of any state highway shall be determined by mutual

agreement with the director of the department of transportation.

19. Numbering lots. To regulate the numbering of houses and lots.

20. Naming streets. To name and change the name of any street, avenue, alley, or other

public place.

21. Railroad companies - Ditches and rights of way. To require railroad companies to

make, keep open, and repair ditches, drains, sewers, and culverts along and under

their tracks so that filthy and stagnant pools of water cannot stand on their grounds or

right of way and so that the natural or artificial drainage of adjacent property shall not

be impeded. To require railroad companies to fence their respective railroads or any

portion of the same and construct cattle guards and public roads and keep the same in

repair within the limits of the corporation.

22. Extending ways and pipes over railroad property. To extend by condemnation, subject

to chapter 32-15, or otherwise any street, alley, or highway over, under, or across, or to

construct or lay any sewer, water pipe, or main under or through, any railroad track,

right of way, or land of any railroad company within the corporate limits.

23. Culverts, drains, and cesspools. To construct and keep in repair culverts, drains,

sewers, catch basins, manholes, cesspools, vaults, cisterns, areas, and pumps within

the corporate limits.

24. Licenses. To fix the amount, terms, and manner of issuing and revoking licenses.

25. Plumbers and plumbing business. To adopt, by ordinance, if it has a system of

waterworks or sewerage, rules and regulations governing plumbing, drainage, and

ventilation of plumbing within the limits of the municipality. The standards provided for

in such ordinance, however, shall not be lower than the minimum standards provided

for in any state plumbing code adopted pursuant to chapter 43-18, but may be higher

than such standards. It may prescribe rules and regulations for all materials,

constructions, alteration and inspection of pipes, tanks, and fixtures by which water is

supplied to the citizens of the municipality, or by which waste or sewage is carried, and

may provide that such pipes, tanks, and fixtures shall not be placed in any building in

the municipality except in accordance with plans which are approved under the

provisions of said ordinance, and that no plumbing shall be done except by plumbers

registered and licensed under state law and under the ordinance, except by a property

owner on that person's own premises which are occupied as that person's home or

place of residence. The ordinance may provide that all work done by an owner upon

that person's own premises must comply with the provisions of the state plumbing

code or a local ordinance, whichever shall prescribe the highest standards. Before the

municipality may require a plumber to be licensed by the municipality, it shall provide

standards for plumbing in a municipality equal to or in excess of those provided by the

state plumbing code. A municipality may adopt the state plumbing code as a whole as

an ordinance of the municipality by reference without the necessity of publishing the

text therefor.

26. Transient business and amusements. To license, tax, regulate, remove, suppress, and

prohibit fortune-tellers, astrologers, and all persons practicing palmistry, clairvoyancy,

mesmerism, and spiritualism, hawkers, peddlers, pawnbrokers, theatricals and other

exhibitions, shows and amusements, ticket scalpers, and employment agencies, and

to revoke the license at pleasure, except that the provision in this subsection with

reference to hawkers and peddlers shall not apply to persons selling or offering for

sale the products raised or grown on land within this state.

27. Draymen, taxi drivers, porters, and others pursuing like occupations. To license, tax,

regulate, and prescribe the rates charged by draymen, parcel delivery men,

busdrivers, taxi drivers, porters, expressmen, watermen, and others pursuing like

occupations, and the operation of taxicabs. Provided, all motor vehicles used in

ridesharing arrangements, as defined in section 8-02-07, are not taxicabs.

28. Runners for stages and other things or persons. To license, regulate, tax, and restrain

runners for stages, buses, cars, public houses, or other things or persons.

29. Alcoholic beverages. To regulate the use and to regulate and license the sale of

alcoholic beverages subject to the provisions contained in title 5.

30. Bowling alleys, pool, billiards, theaters, and motion picture theaters. To license,

regulate, and tax bowling alleys, theaters, motion picture theaters, and pool or billiard

tables, or any other tables or implements kept or used for similar purposes in any

public place.

31. Markets, market houses, and slaughterhouses. To establish, purchase, erect, lease,

rent, manage, maintain, regulate, and provide for the use of markets and market

houses, municipal slaughterhouses, or abattoirs.

32. Dairy, meat, and food products - Inspection and regulation of sale. To provide for the

inspection of milk, cream, and butter sold within the limits of the municipality, and of

any dairy or dairy herd kept for the production of such milk, cream, and butter. To

prescribe the terms upon which sales of such milk, cream, and butter may be made

and to fix penalties for violations. To prescribe regulations for the slaughtering of

animals to be sold as meat. To prescribe generally sanitary and regulatory provisions

as applied to food products sold within the limits of the municipality and to prohibit the

sale of impure and diseased milk or other food products.

33. Public peace in municipality. To provide for keeping and preserving the peace and

quietude of the municipality, prevent disorderly conduct, prohibit public intoxication,

and prevent and suppress riots, affrays, disturbances, and disorderly assemblies in

any place.

34. Fire limits. To prescribe fire limits within which wooden buildings shall not be erected,

placed, or repaired without permission; provide that when a building within such limits

has been damaged by fire, decay, or otherwise to the extent of fifty percent of its

valuation, it shall be torn down and removed; prescribe the manner of ascertaining

such damage; provide for the removal of any structure or building erected contrary to

the prescribed rules; declare each day's continuance of such building or structure a

separate offense and to prescribe the penalties therefor; and define fireproof material.

35. Fire hazards. To prevent and provide for remedying any dangerous construction or

condition of any building, enclosure, or manufactory, or any equipment used therein;

regulate and prevent the carrying on of manufactories creating a fire hazard; prevent a

deposit or keeping of ashes or refuse in unsafe places; and require all buildings and

places to be put and kept in a safe condition.

36. Waterworks system. To purchase, acquire by eminent domain in accordance with

chapter 32-15, erect, lease, rent, manage, and maintain any system of waterworks,

well reservoirs, pipes, machinery, buildings, and all other property comprising a

waterworks system, such as hydrants, supply of water, fire stations, fire signals, fire

engines, or fire apparatus that may be of use in the prevention and extinguishment of

fires, and to fix and regulate the rates, use, and sale of water.

37. Fire equipment - Use beyond municipal limits. To use its fire department to attend to

fires and render assistance to other municipalities within or without this state, or to

private property, including farm buildings located outside the city limits, and the fire

department, its members, and apparatus, when engaged outside the limits of the

municipality, shall be deemed to be engaged in the performance of a public duty as

fully as if serving within the limits of the municipality.

38. Storage of combustible material - Use of fireworks and open flame lights. To regulate

and prohibit the storage of combustible or explosive material, the use of open flame

lights, the building of bonfires, and the use or sale of firecrackers and fireworks.

39. Lumberyards. To regulate or prohibit the keeping of any lumberyard and the keeping or

selling of any lumber or other combustible material within the fire limits.

40. Steam boilers. To provide for the inspection of steam boilers.

41. Jails. To establish, maintain, and regulate a jail and, with the consent of the board of

county commissioners, to use the county jail for the confinement of persons charged

with or convicted of the violation of any ordinance.

42. Cruelty to animals. To prohibit and punish cruelty to animals.

43. Vagrants and prostitutes. To restrain and punish vagrants, mendicants, and prostitutes.

44. Nuisances. To declare what shall constitute a nuisance and to prevent, abate, and

remove the same.

45. Health regulations. To make regulations necessary or expedient for the promotion of

health or for the suppression of disease.

46. Cemeteries. To establish, maintain, and regulate cemeteries within or without the

municipality, acquire land therefor by purchase or otherwise, and cause cemeteries to

be removed, and to prohibit the establishment thereof within, or within one mile [1.61

kilometers] of, the corporate limits.

47. Animals and poultry. To regulate or prohibit the running at large of animals and poultry,

provide for the establishment and maintenance of public pounds for the impounding of

any animals or poultry running at large or tethered in any street in violation of

municipal ordinances, establish procedures for the impounding and discharging of

animals and poultry impounded, make the expenses and fines imposed a lien upon

such stock or poultry, and provide for the sale of the stock or poultry to satisfy such

lien.

48. Packinghouses and other offensive businesses. To control the location and regulate

the management and construction of packinghouses, renderies, bone and soap

factories, slaughterhouses, livery stables, and blacksmith shops, and to prohibit any

offensive or unwholesome business within, or within one mile [1.61 kilometers] of, the

corporate limits.

49. Unwholesome or nauseous places. To compel the owner of any cellar, stable, pigsty,

privy, sewer, or other unwholesome or nauseous thing or place to cleanse, abate, or

remove the same, and to regulate the location thereof.

50. Public buildings. To construct, operate, and maintain all public buildings necessary for

the use of the municipality.

51. Auctioneers, brokers, lumberyards, and public scales. To license, tax, and regulate

auctioneers, brokers, lumberyards, and public scales.

52. Supplies. To provide that supplies needed for the use of the city be furnished by

contract let to the lowest responsible bidder, except the city may contract for

cooperative purchases pursuant to a joint-powers agreement under chapter 54-40.3.

This section does not apply to construction of public improvement as defined in

53. Secondhand and junk stores. To license, tax, and regulate secondhand and junk

stores and to forbid and punish the purchase and receipt by them from minors of any

articles without the written consent of their parents or guardians.

54. Insure public property. To insure the public property of the municipality.

55. Real and personal property. To acquire by lease, purchase, gift, condemnation, or

other lawful means and to hold in its corporate name for use and control as provided

by law, both real and personal property and easements and rights of way within or

without the corporate limits or outside this state for all purposes authorized by law or

necessary to the exercise of any power granted.

56. Transfer property. To convey, sell, dispose of, or lease personal and real property of

the municipality as provided by this title.

57. Franchises. To grant franchises or privileges to persons, associations, corporations, or

limited liability companies, any such franchise, except when given to a railroad

company, to extend for a period of not to exceed twenty years, and to regulate the use

of the same, franchises granted pursuant to the provisions of this title not to be

exclusive or irrevocable but subject to the regulatory powers of the governing body.

58. Airports. To acquire, establish, construct, expand, own, lease, control, equip, improve,

maintain, operate, regulate, and police airports and landing fields within or without the

geographic limits of the municipality as provided in title 2.

59. Public works project. To accept aid from, cooperate and contract with, and to comply

with and meet the requirements of any federal or state agency for the establishment,

construction, and maintenance of public works, including dams and reservoirs for

municipal water supply, for water conservation, flood control, prevention of stream

pollution, or sewage disposal. In furtherance thereof to acquire by purchase, lease,

gift, or condemnation the necessary lands, rights of way, and easements for such

projects, and to transfer and convey to the state or federal government, or any agency

thereof, such lands, rights of way, and easements in consideration of the

establishment and construction of, and the public benefits which will be derived from

any such project. To enter into an agreement with any such government, agency, or

municipality within or without this state, to hold such government, agency, or

municipality harmless from any and all liability or claim of liability arising from the

establishment, construction, and maintenance of such works, and to indemnify such

government, agency, or municipality for any such liability sustained by it and to pay all

costs of defending against any such claim. In furtherance thereof to acquire by

purchase, lease, gift, or, subject to chapter 32-15, condemnation, the necessary lands,

rights of way, and easements for such projects, and to transfer and convey to such

government, agency, or municipality, such lands, rights of way, and easements in

consideration of the establishment and construction of, and the public benefits which

will be derived from any such project, or to pay the cost of the acquisition of such

lands, rights of way, and easements by such government, agency, or municipality. All

actions herein authorized may be taken by resolution duly adopted by the governing

body of the municipality. Any and all actions and proceedings heretofore taken by any

municipality which are within the authority granted by this subsection are hereby

legalized and validated.

60. Special improvement assessments - Satisfaction. To make assessments as limited by

the laws of this state for local improvements on property adjoining or benefited thereby,

to collect the same in the manner provided by law, and to satisfy the tax lien on lands

subject to special assessments.

61. Public water supply. To prevent the pollution of or injury to any water supply belonging

to the municipality or any public water supply within, or within one mile

[1.61 kilometers] of, the limits of the municipality.

62. Band. To levy a tax as provided in this title for the purpose of providing a fund for the

maintenance or employment of a band for municipal purposes.

63. Radio reception. To regulate the installation and operation of motors and other

electrical or mechanical devices so as to prevent interference with radio reception.

64. Municipal plants. To sell, convey, and dispose of the plant or equipment of any public

utility owned by the municipality and to contract for the leasing or operation of such

plant, equipment, or utility by others, and to grant to the lessee or operator under such

a contract the right to purchase such plant, equipment, or utility upon such terms and

conditions as may be expressed in the contract, after authorization as provided by this

title.

65. Public dances. To license, tax, and regulate public dances or public dancehalls.

66. Light and power plants and gas transmission or distribution systems. To purchase,

acquire by eminent domain in accordance with chapter 32-15, erect, lease, rent,

manage, and maintain electric light and power plants, gasworks, steam heating plants

and appurtenances for distribution, and to regulate and fix the rates to its patrons and

to jointly, with other municipalities, acquire by eminent domain, erect, construct, lease,

rent, manage, and maintain any artificial or natural gas transmission or distribution

lines or plants.

67. Flood control projects, including floodplain management as provided under section
N.D. Cent. Code § 40-22-18 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-18
40-22-18. Protest bar to proceeding - Invalid or insufficient protests - Payment of costs - Tax levy
Status: in_force

40-22-18. Protest bar to proceeding - Invalid or insufficient protests - Payment of

costs - Tax levy.

If the governing body finds the protests to contain the names of the owners of a majority of

the area of the property included within the improvement district, the protests shall be a bar

against proceeding with any special assessment for the improvement project. However, the

protests do not bar proceeding with the improvement project described in the plans and

specifications if the governing body funds the project with funds other than special

assessments. If the governing body finds the protests to contain the names of the owners of a

majority of any separate property area included within the district, the protests shall be a bar

against proceeding with special assessments to be assessed in whole or in part upon property

within the area, but shall not bar against proceeding with the improvement project or assessing

the cost thereof against other areas within the district, unless the protests represent a majority

of the area of the entire district. If the protests represent a majority of the area of the entire

district, the protests bar any special assessment for the improvement project. Property owned

by a political subdivision is not included when determining whether the protests contain the

names of the owners of a majority of the area included within the improvement district or a

separate property area unless the political subdivision filed a protest.

The termination of proceedings, by reason of protest or otherwise, shall not relieve the

municipality of responsibility for payment of costs theretofore incurred and for payment of the

costs a municipality may, if funds on hand and available for the purpose are insufficient, issue its

certificates of indebtedness or warrants, or levy a tax which shall be considered a tax for a

portion of the cost of a special improvement project by general taxation within the meaning of

section 57-15-10. If the protests are found to be insufficient or invalid, the governing body may

cause the improvement to be made and may contract or otherwise provide in accordance with

this title for the construction thereof and the acquisition of property required in connection

therewith and may levy and collect assessments therefor.
N.D. Cent. Code § 40-38.1-02 — ND Code / Title 40 / Chapter 40-38.1 / Section 40-38.1-02
40-38.1-02. Municipal arts fund - Levy - Collection - Kept separate
Status: in_force

40-38.1-02. Municipal arts fund - Levy - Collection - Kept separate

For the purpose of establishing and maintaining the municipal arts council, the governing

body of a city authorizing the same shall establish a municipal arts fund. The fund shall consist

of revenues from any city property tax authorized by this section, which levy may be made by

the city at the direction of the municipal arts council in any amount, but not exceeding the

limitation in subsection 6 of section 57-15-10 and any other moneys received from federal,

state, county, city, or private sources. The city auditor shall keep the municipal arts fund

separate and apart from the other money of the city, and it shall not revert to or be considered

funds on hand by the governing body at the end of any fiscal year. The municipal arts fund shall

be used exclusively for the establishment and maintenance of the municipal arts council and for

grants by the council to appropriate arts organizations in the city. Upon motion of the governing

body or upon petition of not less than twenty-five percent of the qualified electors voting in the

last general election of the city, filed not less than sixty days before the next regular election, the

governing body shall submit to the qualified electors at the next regular election the question of

whether such governing body shall annually levy a specified amount not to exceed five mills for

the municipal arts council.
N.D. Cent. Code § 40-50.1-10 — ND Code / Title 40 / Chapter 40-50.1 / Section 40-50.1-10
40-50.1-10. Filing completed plat - Publication of notice of completed plat
Status: in_force

40-50.1-10. Filing completed plat - Publication of notice of completed plat

The completed plat must be filed with the chief administrative officer of the jurisdiction, who

shall publish a notice of the filing. The notice must stipulate that all interested parties may view

the plat. The notice must set the date the governing body of the jurisdiction will meet to hear and

consider objections to the survey as made and must be published at least ten days before the

hearing.
N.D. Cent. Code § 40-58-20 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-20
40-58-20. Tax increment financing
Status: in_force

40-58-20. Tax increment financing

1. At any time after the governing body of a municipality has approved a development or

renewal plan for any development or renewal area and has filed that plan with the

department of commerce division of community services, it may request the county

auditor and treasurer to compute, certify, and remit tax increments resulting from the

development or renewal of the area in accordance with the plan and any modifications

thereof, and the county auditor and treasurer shall do so in accordance with this

section.

a. For a tax increment district established before July 1, 2011, the base year for tax

increments computed for a development or renewal area under this section or

section 40-58-20.1 may not be used for more than twenty-five taxable years

without the governing body of the municipality establishing a new base year using

taxable values, established as of February first of the following year, which are

not more than fifteen years old. Regardless of length of the initial district, the new

base year may be used to compute tax increments for up to an additional fifteen

years after which time the tax increment district must be closed, except that the

original base year for tax increments pledged for an indebtedness incurred before

July 1, 2011, may continue until the indebtedness is paid.

b. For a tax increment district established after July 1, 2011, the base year for tax

increments computed for a development or renewal area under this section or

section 40-58-20.1 may not be used for more than twenty-five taxable years

without the governing body of the municipality establishing a new base year using

taxable values, established as of February first of the following year, which are

not more than fifteen years old. The new base year may be used to compute tax

increments for up to an additional five years after which time the tax increment

district must be closed.

2. The auditor shall compute and certify the original taxable value of each lot and parcel

of real estate in the area, as last assessed and equalized before the date of the

request, including the taxable value of any lot or parcel previously acquired by the

municipality or its urban renewal agency, as last assessed and equalized before it was

acquired. However, any real property acquired by the city or the city's urban renewal

agency prior to July 1, 1973, or more than five years prior to the approval of a

development or renewal plan for any development or renewal area, whichever is later,

is deemed to have an original taxable value of zero and the county auditor shall so

certify.

3. In each subsequent year, the auditor shall compute and certify the net amount by

which the original taxable value of all lots and parcels of real estate in the area, as

then assessed and equalized, including real estate then held by the municipality or

urban renewal agency valued at zero, has increased or decreased in comparison with

the original taxable value of all such real estate. The net amount of the increase or

decrease is referred to in this section as the incremental value or the lost value for that

year, as the case may be.

4. In any year when there is an incremental value, the auditor shall exclude it from the

taxable value upon which the auditor computes the mill rates of taxes levied in that

year by the state, the county, the municipality, the school district, and every other

political subdivision having power to tax the development or renewal area, until the

cost of development or renewal of the area has been reimbursed in accordance with

this section. However, the auditor shall extend the aggregate mill rate of those taxes

against the incremental value as well as the original taxable value, and the amount of

taxes received from that extension against the incremental value is referred to in this

section as the tax increment for that year.

5. In any year when there is a lost value, the auditor shall compute and certify the

amounts of taxes which would have resulted from the extension against the lost value

of the mill rate of taxes levied that year by the state and each political subdivision

having power to tax the development or renewal area. The amounts so computed are

referred to in this section as the tax losses for that year.

6. The county auditor shall segregate all tax increments from the development or renewal

area in a special fund, crediting to the fund, in each year when there is an incremental

value, that proportion of each collection of taxes on real estate within the area which

the incremental value bears to the total taxable value in that year.

7. Upon receipt of any tax increments in the fund, the county treasurer, at the times when

the county treasurer distributes collected taxes to the state and to each political

subdivision for which a tax loss has previously been recorded, shall also remit to each

of them from the tax increment fund an amount proportionate to the amount of that tax

loss, until all those tax losses have been reimbursed. Thereafter, at the time of each

distribution, the county treasurer shall remit the entire balance then on hand in the

fund to the municipality, until the cost of development or renewal of the area has been

reimbursed to the municipality as provided in this section.

8. The cost of development or renewal subject to reimbursement from the tax increment

fund for each development or renewal area must include all expenditures incident to

carrying out the development or renewal plan for the area and any modifications

thereof, not otherwise reimbursed in one of the ways referred to below, including all

expenses of the clearance, development, redevelopment, rehabilitation, and

conservation of the area, and all interest and redemption premiums paid on bonds,

notes, or other obligations issued by the municipality or urban renewal agency to

provide funds for payment of those expenses, subject to section 40-58-20.1 for the

purpose of determining eligible cost of development of industrial or commercial

property. From the total cost to be reimbursed there must be deducted, except as

provided below, all amounts received from the federal government or others, and all

special assessments, revenues, and other receipts except property taxes, which are

actually collected and applied to the payment of the cost or the bonds, notes, or other

obligations, at the times when those payments are due. However, if the proceeds of

tax increments or of bonds, notes, or other obligations are loaned to finance part or all

of the cost of a project comprising the restoration, reconstruction, and improvement of

a privately owned state historical site situated within the development or renewal area

or any buildings or structures thereon, as contemplated in section 55-10-08, or of a

property listed in the national register of historic places, as contemplated in section

55-10-11, in consideration of the grant to the city of a historic easement with respect

thereto, repayments of the loan may not be deducted from the cost of development or

renewal subject to reimbursement.

9. The tax increments from any development or renewal area may be appropriated by the

governing body of the municipality for the payment of any general obligation bonds,

special improvement warrants, or refunding improvement bonds issued by the

municipality to provide funds for payment of the cost of development or renewal,

together with interest and redemption premiums thereon, other than that portion, if any,

of such principal, interest, and redemption premiums which can be paid when due

from collections of special assessments, revenues, or other funds, excluding property

taxes, which are pledged for the payment thereof. When special improvement

warrants or refunding improvement bonds are issued to pay the cost of public

improvements of special benefit to properties within the development or renewal area,

the governing body may cause those special benefits to be computed, together with

the cost properly assessable against those properties, and may appropriate the tax

increments from the area to the payment of that cost, in lieu of levying special

assessments upon the property. In this event, the amount so appropriated, divided into

the same number of installments as the special assessments and with interest at the

same rate on the declining balance thereof, is deemed a part of the special

assessments appropriated for payment of the cost, within the meaning of section

40-26-08.

10. When the cost of development or renewal of any development or renewal area has

been fully paid and all bonds, notes, or other obligations issued by the municipality to

pay that cost have been retired, or funds sufficient for the retirement thereof have been

received by the municipality, the governing body shall cause this to be reported to the

county auditor, who shall thereafter compute the mill rates of all taxes upon the total

taxable value of the development or renewal area. Any balance then on hand in the tax

increment fund must be distributed by the county treasurer to the state and all political

subdivisions having power to tax property in the area, in amounts proportionate to the

amounts of the tax losses previously reimbursed to them.

11. As an alternative to the sale of bonds to be amortized with tax increments as provided

in this section, the governing body of a municipality may, in its discretion, grant a total

or partial tax exemption for the project in order to provide assistance to a project

developer in a development or renewal area, pursuant to agreement with the

municipality. However, if a developer of a development or renewal project receives a

tax exemption for that project pursuant to this subsection, that project developer may

not receive a tax exemption for that project under section 40-57.1-03, 40-57.1-04,

40-57.1-04.1, or 40-57.1-04.3. The amount of annual tax exemption under this

subsection is limited to the tax increment as defined in this section as it applies to the

development or renewal project and may extend for a period not to exceed fifteen

years. In determining the total amount of the tax exemption to be authorized, the

municipality shall give due consideration to the same elements as are involved in the

sale of bonds to be amortized by tax increments. The amount to be reimbursed, by tax

exemption, to the project developer must be all or a portion of eligible public costs

which have been paid by the project developer, plus interest on those costs at a rate

not to exceed ten percent per annum. The amount of tax exemption must be an

amount sufficient to reimburse the project operator for those eligible costs, amortized

pursuant to the agreement between the project developer and the municipality.

12. The governing body of a municipality with an active tax increment financing district

may at any time identify funds on hand that are in excess of the costs it determines

necessary to complete the activities included in the last approved urban renewal plan

for that district. The governing body shall cause the identified surplus to be transferred

to the county treasurer to be distributed to the state and all political subdivisions

having power to tax property in the area, in amounts proportionate to the most recent

five-year average of the property tax levy within the district.
N.D. Cent. Code § 40-28-04 — ND Code / Title 40 / Chapter 40-28 / Section 40-28-04
40-28-04. Assessments extended over period of from one year to five years - Certification of assessments
Status: in_force

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.
N.D. Cent. Code § 40-01-06 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-06
40-01-06. Bonds, contracts, and conveyances - How signed and countersigned
Status: in_force

40-01-06. Bonds, contracts, and conveyances - How signed and countersigned

All bonds, contracts, and conveyances of a municipality, except as otherwise provided, shall

be signed by the executive officer and countersigned by the auditor or clerk, as the case may

be.
N.D. Cent. Code § 40-11-13 — ND Code / Title 40 / Chapter 40-11 / Section 40-11-13
40-11-13. Fines and forfeitures for violation of ordinances paid into treasury
Status: repealed

40-11-13. Fines and forfeitures for violation of ordinances paid into treasury

Repealed by S.L. 2025, ch. 379, § 4.
N.D. Cent. Code § 40-58-16 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-16
40-58-16. Urban renewal agency
Status: in_force

40-58-16. Urban renewal agency

1. There is created in each municipality a public body corporate and politic to be known

as the "urban renewal agency" of the municipality; provided, that the agency may not

transact any business or exercise its powers under this chapter until or unless the local

governing body has made the finding prescribed in section 40-58-05 and has elected

to have the urban renewal project powers exercised by an urban renewal agency as

provided in section 40-58-15.

2. If the urban renewal agency is authorized to transact business and exercise powers

under this chapter, the mayor, by and with the advice and consent of the local

governing body, shall appoint a board of commissioners of the urban renewal agency

which must consist of five commissioners. The term of office of each commissioner is

one year.

3. A commissioner may not receive compensation for services but is entitled to the

necessary expenses, including traveling expenses, incurred in the discharge of the

commissioner's duties. Each commissioner shall hold office until a successor has been

appointed and has qualified. A certificate of the appointment or reappointment of any

commissioner must be filed with the clerk of the municipality and the certificate is

conclusive evidence of the due and proper appointment of the commissioner.

4. The powers of an urban renewal agency must be exercised by the commissioners of

the agency. A majority of the commissioners constitutes a quorum for the purpose of

conducting business and exercising the powers of the agency and for all other

purposes. Action may be taken by the agency upon a vote of a majority of the

commissioners present, unless in any case the bylaws require a larger number.

Approval of the payment of an account or claim must be recorded in the record of the

agency's proceedings and this is sufficient to indicate approval without requiring a

majority of the commissioners to sign or initial the voucher or order for payment.

5. Any persons may be appointed as commissioners if they reside within the area of

operation of the agency which shall be coterminous with the area of operation of the

municipality and are otherwise eligible for appointments under this chapter. The mayor

shall designate a chairman and vice chairman from among the commissioners. An

agency may employ an executive director, technical experts, and such other agents

and employees, permanent and temporary, as it may require, and determine their

qualifications, duties, and compensation. For legal services it may require, an agency

may employ or retain its own counsel and legal staff. An agency authorized to transact

business and exercise powers under this chapter shall file, with the local governing

body, on or before March thirty-first of each year a report of its activities for the

preceding calendar year, which report must include a complete financial statement

setting forth its assets, liabilities, income, and operating expense as of the end of the

calendar year. At the time of filing the report, the agency shall publish in a newspaper

of general circulation in the community a notice to the effect that the report has been

filed with the municipality and that the report is available for inspection during business

hours in the office of the auditor and in the office of the agency.

6. For inefficiency or neglect of duty or misconduct in office, a commissioner may be

removed only after a hearing and after the commissioner has been given a copy of the

charges at least ten days prior to the hearing and has had an opportunity to be heard

in person or by counsel.
N.D. Cent. Code § 40-35-06 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-06
40-35-06. Issuance of bonds for electric light and power plant - When approval of electors required
Status: in_force

40-35-06. Issuance of bonds for electric light and power plant - When approval of

electors required.

No bonds shall be issued by any municipality for the purpose of financing the construction

of a new electric light and power plant or distribution system, for the purchase or acquisition of

an existing electric light and power plant or distribution system, or for the construction of

extensions to any electric light and power plant or distribution system in excess of twenty

percent of the book value thereof as shown by its books, unless the question of issuing such

bonds has been submitted to a vote of the qualified electors of the municipality as provided in

section 40-35-07 and has been approved by a majority of such electors voting on such question.
N.D. Cent. Code § 40-45-06 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-06
40-45-06. Investment of surplus funds - Limitations
Status: in_force

40-45-06. Investment of surplus funds - Limitations

At the end of the fiscal year, the board of trustees may invest any surplus left in the police

pension fund, but no part of the moneys realized from any tax levy shall be used for any

purpose other than the payment of pensions. Such surplus funds may be invested in

interest-bearing bonds of the United States or the state of North Dakota, or bonds or warrants of

any county, township, or municipal corporation of this state which constitute the general

obligations or contingent general obligations of the issuing tax authority, or investments with any

federally insured bank or savings and loan association. All securities shall be deposited with the

treasurer of the board for safekeeping. The board may also invest all or part of such surplus

funds in other investments by selecting a funding agent or agents and establish an investment

agreement contract regarding such surplus funds. The contract shall authorize the funding

agent or agents to hold and invest such funds for the board and such funds shall be placed for

investment only with a firm or firms whose primary endeavor is money management, and only

after a trust agreement or contract has been executed. The board of trustees may pay the fees

and charges of said funding agent or agents from any surplus remaining in the police pension

fund in excess of the moneys realized from any tax levy. The board of trustees may use a

portion of the surplus left in the police pension fund in excess of moneys realized from any tax

levy to pay the cost of actuarial studies of said pension system.
N.D. Cent. Code § 40-33.2-04 — ND Code / Title 40 / Chapter 40-33.2 / Section 40-33.2-04
40-33.2-04. Municipal power agencies - Powers
Status: in_force

40-33.2-04. Municipal power agencies - Powers

A municipal power agency shall be a municipal corporation and a political subdivision of the

state and shall have all of the powers enumerated in this section, in furtherance of the purpose

stated in section 40-33.2-01, and in the exercise thereof shall be deemed to be performing an

essential governmental function. All powers of the municipal power agency shall be exercised

by its board of directors, unless otherwise provided by the agency agreement or bylaws. A

municipal power agency:

1. May plan, acquire, construct, reconstruct, operate, maintain, repair, extend, or improve

one or more projects within or outside the state or acquire any interest in or any right

to capacity of a project and may act as agent, or designate one or more of the other

persons participating in a project to act as its agent, in connection with the planning,

acquisition, construction, reconstruction, operation, maintenance, repair, extension, or

improvement of the project.

2. May investigate the desirability of and necessity for additional sources and supplies of

electric energy and make studies, surveys, and estimates as may be necessary to

determine the feasibility and cost thereof.

3. May cooperate with other persons in the development of sources and supplies of

electric energy.

4. May apply to any public agency for consents, authorizations, or approvals required for

any project within its powers and take all actions necessary to comply with the

conditions thereof.

5. May perform any act authorized by this chapter through or by means of its officers,

agents, or employees or by contract with any person.

6. May acquire, hold, use, and dispose of income, revenues, funds, and money.

7. May acquire, own, hire, use, operate, lease as lessor or lessee, and dispose of

personal property or real property, and interests in real property, and make

improvements on real property.

8. May grant the use by franchise, lease, or otherwise and make charges for the use of

any property or facility owned or controlled by it.

9. May borrow money and issue negotiable bonds, notes, or other debt instruments

secured or unsecured, in accordance with section 40-33.2-05.

10. Subject to any agreement with bondholders or noteholders, may invest money of the

municipal power agency not required for immediate use, including proceeds from the

sale of any bonds or notes, in such obligations, securities, and other investments as

the municipal power agency shall deem prudent, notwithstanding the provisions of any

other law relating to the investment of public funds.

11. May determine the location and character of, and all other matters in connection with,

any and all projects it is authorized to acquire, hold, establish, effectuate, operate, or

control.

12. May contract with any person, within or outside the state and within or outside the

United States, for the construction of any project or for the sale or transmission of

electric energy generated by any project, or for any interest therein or any right to

capacity thereof, on such terms and for such period of time as the municipal power

agency determines.

13. May purchase, sell, exchange, or transmit electric energy within and outside the state

and within or outside the United States, in such amounts as it shall determine to be

necessary and appropriate to make the most effective use of its powers and to meet its

responsibilities, and may enter into agreements with any person with respect to that

purchase, sale, exchange, or transmission, on such terms and for such period of time

as its board of directors determines.

14. May procure insurance against any losses in connection with its property, operations,

or assets in such amounts and from such insurers as it deems desirable.

15. May contract for and accept any gifts or grants or loans of funds or property or

financial or other aid in any form from any person and may comply, subject to this

chapter, with the terms and conditions thereof.

16. May mortgage, pledge, and grant a security interest in any or all of its property to

secure the payment of its bonds, notes, or other obligations or contracts.

17. Shall pay to each taxing authority within whose taxing jurisdiction its property is

situated, in lieu of taxes on its property, the amounts of the taxes which would be

payable if its property were owned by a private person. For this purpose, the property

of a municipal power agency shall be valued in the same manner and by the same

procedure as the property of private utility companies.

18. May sue and be sued, complain, and defend in its agency name.

19. May exercise all other powers not inconsistent with the Constitution of North Dakota or

the Constitution of the United States, which powers may be reasonably necessary or

appropriate for or incidental to the effectuation of its authorized purposes or to the

exercise of any of the powers enumerated in this chapter, and generally may exercise

in connection with its properties and affairs, and in connection with property within its

control, any and all powers which might be exercised by an individual or a private

corporation in connection with similar property and affairs.
N.D. Cent. Code § 40-22.1-13 — ND Code / Title 40 / Chapter 40-22.1 / Section 40-22.1-13
40-22.1-13. Defects and irregularities in improvement proceedings are not fatal
Status: in_force

40-22.1-13. Defects and irregularities in improvement proceedings are not fatal

If the proceedings are for a lawful purpose, unaffected by fraud, and do not violate any

constitutional limitation or restriction, defects or irregularities in proceedings under this chapter

do not invalidate the proceedings. No action may be commenced or maintained and no defense

or counterclaim in any action may be recognized in the courts of this state founded on any

defects or irregularities in proceedings under this chapter, unless commenced within thirty days

of the adoption of the resolution of the governing body awarding the sale of warrants to finance

the improvement.
N.D. Cent. Code § 40-23-06 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-06
40-23-06. Assessments in improvement districts before work completed
Status: in_force

40-23-06. Assessments in improvement districts before work completed

If the work consists of improvements on or additions to sewers or water mains already

installed or paving already laid, and all bids for such work were rejected and the work done by

the municipality, and if, in the opinion of the engineer acting for the municipality, the work can be

done in separate sections or work units, it shall not be necessary that all of the work be

completed before the special assessments are made. The governing body, by resolution

adopted at any time before or after the work has been commenced, may specify what part of the

improvements shall constitute a separate section or work unit, and upon completion of the work

in one or more of such separate sections or work units, the special assessments may be made

in the same manner and with the same force and effect as if all of the work in the entire

improvement district had been completed. Failure for any reason to complete the work in any

remaining separate section or work unit included within such improvement district shall not

affect the validity of the special assessments made or the special assessment warrants issued

for the work completed.
N.D. Cent. Code § 40-57-09 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-09
40-57-09. Provisions governing revenue bonds
Status: in_force

40-57-09. Provisions governing revenue bonds

The resolution or ordinance authorizing the issuance of revenue bonds under this chapter,

or ordinance or resolution adopted subsequent to the adoption of the original resolution or

ordinance, shall prescribe:

1. The rate or rates of interest which such bonds shall bear;

2. Whether the bonds shall be in one or more series;

3. The date or dates which such bonds shall bear;

4. The time or times, not exceeding forty years from their respective dates, when such

bonds shall mature;

5. The medium in which such bonds shall be payable;

6. The place or places where such bonds shall be payable;

7. Whether or not such bonds shall carry registration privileges, and what such privileges,

if any, shall be;

8. The terms of redemption, if any, to which such bonds shall be subject;

9. The manner in which such bonds shall be executed;

10. The terms, covenants, and conditions which such bonds shall contain; and

11. The form, either coupon or registered, in which such bonds shall be issued.
N.D. Cent. Code § 40-11-09 — ND Code / Title 40 / Chapter 40-11 / Section 40-11-09
40-11-09. Enactment and revision of ordinances
Status: in_force

40-11-09. Enactment and revision of ordinances

The executive officer of a municipality may appoint, by and with the advice and consent of

the governing body of the municipality, one or more competent persons to prepare and submit

to the governing body, for its adoption or rejection, an ordinance for the revision or amendment

of existing ordinances or for the enactment of new and additional ordinances for such

municipality. The attorney for the municipality, if it has an attorney, shall be appointed as one of

the persons to prepare and submit such ordinance. The compensation of the revisor or revisors,

including that of the attorney, shall be determined by the governing body and shall be paid out of

the municipal treasury. Such revision, including any additional ordinances and amendments to

existing ordinances contained therein, may be passed as a single ordinance and may be

published in pamphlet or book form, by and under the authority of the governing body of the

municipality, and shall be valid and effective without publication in a newspaper or posting.
N.D. Cent. Code § 40-51.2-08 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-08
40-51.2-08. Petition to office of administrative hearings
Status: in_force

40-51.2-08. Petition to office of administrative hearings

If the governing body of a city involved in the dispute is not satisfied with the result of the

mediation, the governing body may petition the director of the office of administrative hearings

to hear the matter. If the annexation was initiated under section 40-51.2-07, the petition must

include an accurate map of the area sought to be annexed, a description of the area, and the

reasons for the annexation.
N.D. Cent. Code § 40-46-06 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-06
40-46-06. Board of trustees - Management of pension fund - What constitutes - Officers - Bond of auditor - Compensation
Status: in_force

40-46-06. Board of trustees - Management of pension fund - What constitutes -

Officers - Bond of auditor - Compensation.

The executive officer, the city auditor, the city attorney, and two persons elected by and from

the members of the city employees' pension plan, which persons are currently being assessed,

shall constitute the board of trustees for the management of the city employees' pension fund.

No member shall be eligible for election until the member has eight years of service as a city

employee. The election shall be held on the second Tuesday in June of each year. Each elected

member shall serve for a term of two years, except that at the first election one trustee shall be

elected for a term of one year and the other for a term of two years. The terms of elected

members shall commence on July first of each year. The executive officer shall be the president

and the city auditor shall be the treasurer of the board. The faithful performance of the duties of

the treasurer shall be secured by that person's official bond as the city auditor. Such trustees

shall receive no compensation for their services as members of the board.
N.D. Cent. Code § 40-49-13 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-13
40-49-13. Ordinances - Powers exercised by - Readings - Adopting - Approving - Publication - Enacting clause
Status: in_force

40-49-13. Ordinances - Powers exercised by - Readings - Adopting - Approving -

Publication - Enacting clause.

The powers of the board of park commissioners shall be exercised by ordinance unless

otherwise provided in this chapter. All ordinances shall be read twice, and at least eight days

shall intervene between the readings. Ordinances shall be adopted by a yea and nay vote, shall

be approved by the president, shall be published once in the official newspaper of the

municipality, and shall go into effect within three days after the publication thereof. The enacting

clause of all ordinances shall be: "Be it enacted by the board of park commissioners of the park

district of the city of ____________".
N.D. Cent. Code § 40-23-13 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-13
40-23-13. Publication of notice of confirmation of assessment list and meeting for action upon assessments
Status: in_force

40-23-13. Publication of notice of confirmation of assessment list and meeting for

action upon assessments.

The city auditor shall publish at least once in the official newspaper of the municipality a

notice stating that the assessment list has been confirmed by the special assessment

commission and filed in the city auditor's office and is open to public inspection. The notice also

shall state the time when and the place where the governing body will act upon such

assessment list. The assessment list shall be acted upon by the governing body at a regular or

special meeting occurring more than fifteen days after the publication of such notice.
N.D. Cent. Code § 40-22.1-10 — ND Code / Title 40 / Chapter 40-22.1 / Section 40-22.1-10
40-22.1-10. Contracts - Conditions and terms
Status: in_force

40-22.1-10. Contracts - Conditions and terms

A contract executed under this chapter must 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 city

auditor acting for the municipality, and must provide:

1. The governing body may suspend the work at any time for improper performance and

relet the contract or order reperformance of all or any of the work improperly done.

2. The time within which the work is to be completed.

3. The period of time for which the work must be guaranteed or warranted.

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 the contract.

7. That the failure of the city auditor to reject work and materials which are not up to

specifications and acceptance of the job by the city auditor does not release the party

from liability for any failure to perform work or furnish materials in accordance with the

plans and specifications.

The city auditor acting for the municipality shall supervise and inspect the work during its

progress. In addition to any rights which a municipality may have under its contract for

establishment and operation of part or all of a business improvement after a contract has been

awarded and before contract work has been completed, a municipality may, with the consent of

the other party and without advertising for bids, order additional work done by that party of the

same character as that which was contracted for, whether within or without the improvement

district for which the original contract was made, and upon the same terms and conditions

specified in the original contract except as to time of performance, and at the same prices for

the additional work; provided, that the total price payable to said party for such additional work

may not exceed twenty percent of the amount estimated by the city auditor for the municipality

to be payable for that character of work under the original contract.
N.D. Cent. Code § 40-18.1-24 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-24
40-18.1-24. Abolition of municipal court in a city with a population of fewer than five thousand
Status: in_force

40-18.1-24. Abolition of municipal court in a city with a population of fewer than five

thousand.

1. The governing body of a city with a population of fewer than five thousand having a

municipal court may by resolution abolish its municipal court. The jurisdiction of a

municipal court abolished by resolution must be transferred to the district court of the

district in which the city is located.

2. The city auditor shall provide a copy of the resolution abolishing the court to the

presiding judge and clerk of court of the district court for the district in which the city is

located, the state's attorney for the county in which the city is located, and the state

court administrator. The resolution must provide the effective date of the transfer of

cases, which must be at least ninety days following the date of the resolution.

3. At least ten days before the effective date of the transfer, the clerk of the municipal

court shall deliver to the clerk of the district court all cases pending action by the

district court after the effective date of the resolution.

4. On the effective date of transfer, all proceedings relating to ordinance violations must

be within the jurisdiction of the district court. Judgments of courts which cease to exist

on the effective date of the resolution continue in effect and the district court may

enforce the judgments. Fines, forfeitures, and costs due and unpaid on the effective

date of the transfer and those which are subsequently collected on cases pending on

the effective date of the transfer must be collected by the district court and remitted to

the city.

5. The authority, duties, powers, jurisdiction, and term of the municipal judge terminates

on the last day of the month in which all municipal cases have been transferred to the

district court or the expiration of the judge's term, whichever occurs first.
N.D. Cent. Code § 40-40-15 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-15
40-40-15. Expenditures made or liabilities incurred beyond appropriation - Joint and several liability of members of governing body
Status: in_force

40-40-15. Expenditures made or liabilities incurred beyond appropriation - Joint and

several liability of members of governing body.

Except as otherwise provided in section 40-40-18, no municipal expenditure may be made

nor liability incurred, and no bill may be paid for any purpose in excess of the appropriation

made therefor in the final budget. Expenditures made, liabilities incurred, or warrants issued in

excess of the appropriations are a joint and several liability of the members of the governing

body who authorized the making, incurring, or issuing thereof or who were present when they

were authorized and did not vote against authorizing the same.
N.D. Cent. Code § 40-05.1-13 — ND Code / Title 40 / Chapter 40-05.1 / Section 40-05.1-13
40-05.1-13. Vested property - Claims for relief - Actions saved
Status: in_force

40-05.1-13. Vested property - Claims for relief - Actions saved

The adoption of any charter hereunder or any amendment thereof shall never be construed

to destroy any property, action, claims for relief, claims, and demands of any nature or kind

whatever vested in the city under and by virtue of any charter theretofore existing or otherwise

accruing to the city, but all such claims for relief, claims, or demands vest in and inure to the city

and to any persons asserting any such claims against the city as fully and completely as though

the said charter or amendment had not been adopted hereunder. The adoption of any charter or

amendment hereunder shall never be construed to affect the right of the city to collect by special

assessment any special assessment theretofore levied under any law or charter for the purpose

of public improvements, nor affect any right of any contract or obligation existing between the

city and any person, firm, corporation, or limited liability company for the making of any such

improvements and for the purpose of collecting any such special assessments and carrying out

of any such contract.
N.D. Cent. Code § 40-47-03 — ND Code / Title 40 / Chapter 40-47 / Section 40-47-03
40-47-03. Regulation for zoning made for what purposes
Status: in_force

40-47-03. Regulation for zoning made for what purposes

The regulations provided for in this chapter shall be made in accordance with a

comprehensive plan and shall be designed to:

1. Lessen congestion in the streets;

2. Provide for emergency management, including floodplain management as provided

under section 40-05-27. "Emergency management" means a comprehensive

integrated system at all levels of government and in the private sector which provides

for the development and maintenance of an effective capability to mitigate, prepare for,

respond to, and recover from known and unforeseen hazards or situations, caused by

an act of nature or man, which may threaten, injure, damage, or destroy lives,

property, or our environment;

3. Promote health and the general welfare;

4. Provide adequate light and air;

5. Prevent the overcrowding of land;

6. Avoid undue concentration of population; and

7. Facilitate adequate provisions for transportation, water, sewage, schools, parks, and

other public requirements.

The regulations shall be made with reasonable consideration as to the character of each district

and its peculiar suitability for particular uses with a view to conserving the value of buildings and

encouraging the most appropriate use of land throughout the city. The comprehensive plan shall

be a statement in documented text setting forth explicit goals, objectives, policies, and

standards of the jurisdiction to guide public and private development within its control.
N.D. Cent. Code § 40-52-01 — ND Code / Title 40 / Chapter 40-52 / Section 40-52-01
40-52-01. Petition for change in name, number, or boundaries of wards - Signatures required - Notice of meeting to hear
Status: repealed

40-52-01. Petition for change in name, number, or boundaries of wards - Signatures

required - Notice of meeting to hear.

Repealed by omission from this code.
N.D. Cent. Code § 40-53.1-13 — ND Code / Title 40 / Chapter 40-53.1 / Section 40-53.1-13
40-53.1-13. Hearing on application - Order of dissolution
Status: in_force

40-53.1-13. Hearing on application - Order of dissolution

After the period of publication, but not less than thirty days thereafter, the court, upon five

days' notice to any person who has filed objections to the application, or without further notice if

no objections have been filed, shall hear and determine the application. If the court finds the city

should be dissolved, it shall dissolve the same upon such terms or conditions as justice may

require, vacate the boundaries, order the sale of assets and the payment of debts, and order

any surplus paid into the general fund of the county treasury.
N.D. Cent. Code § 40-05-18 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-18
40-05-18. Garbage removal - Number of contractors allowed
Status: in_force

40-05-18. Garbage removal - Number of contractors allowed

In any city with a population of not less than five thousand persons, the governing body

shall, if permitted by ordinance or by law to allow more than one person or firm to contract with

commercial enterprises for the private collection or removal of garbage, allow all persons or

firms wishing to do so to enter into private garbage removal contracts with commercial

enterprises.
N.D. Cent. Code § 40-22-11 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-11
40-22-11. Approval of plans, specifications, and estimates - Approval establishes grade of street
Status: in_force

40-22-11. Approval of plans, specifications, and estimates - Approval establishes

grade of street.

At any time after receiving the engineer's report required by section 40-22-10, the governing

body may direct the engineer to prepare detailed plans and specifications for construction of the

improvement. The plans and specifications shall be approved by a resolution of the governing

body of the municipality. If the plans and specifications include the establishment of the grade of

a street and such grade has not been established previously by ordinance, the resolution

approving the plans, specifications, and estimates shall constitute an establishment of the

grade.
N.D. Cent. Code § 40-45-17 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-17
40-45-17. Reduction of retirement benefits by amount received from workmen's compensation fund
Status: repealed

40-45-17. Reduction of retirement benefits by amount received from workmen's

compensation fund.

Repealed by S.L. 1979, ch. 448, § 1.
N.D. Cent. Code § 40-55-09 — ND Code / Title 40 / Chapter 40-55 / Section 40-55-09
40-55-09. Voter-approved levy authority for city public recreation system
Status: in_force

40-55-09. Voter-approved levy authority for city public recreation system

1. The governing body of a city may, and upon receipt of a petition signed by at least ten

qualified electors but not less than five percent of those qualified electors who voted at

the last general election of the city shall, submit to the qualified electors the question of

approval or disapproval of voter-approved levy authority for establishment,

maintenance, and conduct of a public recreation system at the next general election or

special municipal election if the question to be placed on the ballot is filed thirty days

prior to the date of the election. The ballot measure question to approve a levy under

this section must be stated to ask if the elector approves a voter-approved tax by the

city for a public recreation system in a stated number of mills, not exceeding six mills.

If approved by a majority of city electors voting on the question, the city may levy an

additional tax within the limitation of subsection 13 of section 57-15-10. After

January 1, 2015, approval or reauthorization by electors of voter-approved levy

authority under this section may not be effective for more than ten taxable years. Any

voter-approved levy under this section or section 40-55-08 approved by the electors of

a city before January 1, 2015, remains effective for ten taxable years or the period of

time for which it was approved by the electors after it was approved, whichever is less,

under the provisions of law in effect at the time it was approved. The governing body of

the city shall discontinue the levy for public recreation purposes if the qualified voters,

at a regular or special election, by a majority vote on the proposition, decide to

discontinue the levy. A vote of the qualified electors is not required to discontinue the

levy under this section if the levy authority is no longer required as a result of a merger

between a park district and a city public recreation system.

2. A vote that occurred pursuant to subsection 1 before a city public recreation system

and a park district merged pursuant to subsection 2 of section 57-15-12 is no longer

valid to authorize levying mills for a city public recreation system.
N.D. Cent. Code § 40-29-16 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-16
40-29-16. City auditor to pay warrants from special fund
Status: in_force

40-29-16. City auditor to pay warrants from special fund

The city auditor shall pay sidewalk assessment warrants and interest thereon at the time or

times and in the manner designated by the governing body out of the sidewalk special fund.
N.D. Cent. Code § 40-22-15 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-15
40-22-15. Resolution declaring improvements necessary - Exception for sewer and water improvements - Contents of resolution - Publication of resolution
Status: in_force

40-22-15. Resolution declaring improvements necessary - Exception for sewer and

water improvements - Contents of resolution - Publication of resolution.

After the engineer's report required by section 40-22-10 has been filed and approved, the

governing body of the municipality, by resolution, shall declare that it is necessary to make the

improvements described therein. However, a resolution is not required if the improvement

constitutes a water or sewer improvement as described in subsection 1 of section 40-22-01, nor

if the governing body determines by resolution that a written petition for the improvement,

signed by the owners of a majority of the area of the property included within the district, has

been received. The resolution must refer intelligibly to the engineer's report and include a map

of the municipality showing the proposed improvement districts. The resolution must then be

published once each week for two consecutive weeks in the official newspaper of the

municipality.
N.D. Cent. Code § 40-61-09 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-09
40-61-09. Notes of an authority
Status: in_force

40-61-09. Notes of an authority

An authority shall have power from time to time to issue notes and from time to time to issue

renewal notes, herein referred to as notes, maturing not later than five years from their

respective original dates for any purpose or purposes for which bonds may be issued, whenever

an authority shall determine the payment thereof can be made in full from any moneys or

revenues which an authority expects to receive from any source. Such notes may, among other

things, be issued to provide funds to pay preliminary costs of surveys, plans, or other matters

relating to any proposed or existing project. An authority may pledge such moneys or revenues,

subject to any other pledge thereof, for the payment of the notes and may in addition secure the

notes in the same manner and with the same effect as herein provided for bonds and may also

secure the notes by the guarantee of two or more property owners. The notes shall be issued in

the same manner as bonds. An authority shall have power to make contracts for the future sale

from time to time of the notes, by which the purchasers shall be committed to purchase the

notes from time to time on terms and conditions stated in such contracts, and an authority shall

have power to pay such consideration as it shall deem proper for such commitments. In case of

default on its notes, or violation of any of the obligations of an authority to the noteholders, the

noteholders shall have all the remedies provided herein for bondholders.
N.D. Cent. Code § 40-53.2-01 — ND Code / Title 40 / Chapter 40-53.2 / Section 40-53.2-01
40-53.2-01. Legislative intent on city consolidation
Status: in_force

40-53.2-01. Legislative intent on city consolidation

The legislative assembly recognizes that a viable government capable of providing essential

services is necessary to the general welfare of the citizens of every city in this state. The

legislative assembly further recognizes that some cities have become and will continue to

become incapable of providing adequate services to their citizens and that a process is

necessary to allow these dysfunctional cities to consolidate with other nearby cities in order to

better serve the people of this state.
N.D. Cent. Code § 40-22-17 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-17
40-22-17. Protest against resolution of necessity - Meeting to hear protest
Status: in_force

40-22-17. Protest against resolution of necessity - Meeting to hear protest

If, within thirty days after the first publication of the resolution declaring the necessity of an

improvement project of the type specified in any one of the subsections of section 40-22-01, the

owners of any property within the improvement district file written protests describing the

property which is the subject of the protest with the city auditor protesting against the adoption

of said resolution, the governing body of the municipality, at its next meeting after the expiration

of the time for filing such protests, shall hear and determine the sufficiency thereof.
N.D. Cent. Code § 40-58-18 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-18
40-58-18. Ordinances relating to repair, closing, and demolition of dwellings unfit for human habitation
Status: in_force

40-58-18. Ordinances relating to repair, closing, and demolition of dwellings unfit for

human habitation.

1. If a municipality finds that there exist in the municipality dwellings which are unfit for

human habitation due to dilapidation, defects increasing the hazards of fire, accidents

or other calamities, lack of ventilation, light or sanitary facilities, or due to other

conditions, including those set forth in subsection 3, rendering those dwellings unsafe

or unsanitary, or dangerous or detrimental to the health, safety, or morals, or otherwise

inimical to the welfare of the residents of the municipality, the municipality may require

or cause the repair, closing, or demolition or removal of those dwellings in the manner

provided by this section.

2. Upon the adoption of an ordinance finding that dwelling conditions of the character

described in subsection 1 exist within a municipality, the governing body of the

municipality may adopt ordinances relating to the dwellings within the municipality. The

ordinances must include the following provisions:

a. That a public officer be designated or appointed to exercise the powers

prescribed by the ordinances.

b. If a petition is filed with the public officer or by at least five residents of the

municipality charging that any dwelling is unfit for human habitation or whenever

it appears to the public officer on the public officer's own motion that any dwelling

is unfit for human habitation, the public officer shall, if the public officer's

preliminary investigation discloses a basis for those charges, issue and cause to

be served upon the owner, every mortgagee of record and all parties in interest in

the dwelling, including persons in possession, a complaint stating the charges in

that respect. The complaint must contain a notice that a hearing will be held

before the public officer or the public officer's designated agent at a place

designated in the complaint not less than ten days nor more than thirty days after

the serving of the complaint; that the owner, mortgagee, and parties in interest

must be given the right to file an answer to the complaint and to appear in person,

or otherwise, and give testimony at the place and time designated in the

complaint; and that the rules of evidence are not controlling in hearings before the

public officer.

c. If, after the notice and hearing, the public officer determines that the dwelling

under consideration is unfit for human habitation, the public officer shall state in

writing the findings of fact in support of the determination and shall issue and

cause to be served upon the owner of the dwelling an order which:

(1) If the repair, alteration, or improvement of the dwelling can be made at a

reasonable cost in relation to the value of the dwelling, the ordinance of the

municipality shall fix a certain percentage of the cost as being reasonable

for that purpose, requires the owner, within the time specified in the order, to

repair, alter, or improve the dwelling to render it fit for human habitation or to

vacate and close the dwelling as a human habitation; or

(2) If the repair, alteration, or improvement of the dwelling cannot be made at a

reasonable cost in relation to the value of the dwelling, the ordinance of the

municipality shall fix a certain percentage of the cost as being reasonable

for that purpose, requires the owner, within the time specified in the order, to

remove or demolish the dwelling.

d. If the owner fails to comply with an order to repair, alter, or improve or to vacate

and close the dwelling, the public officer may cause the dwelling to be repaired,

altered, or improved, or to be vacated and closed.

e. If the owner fails to comply with an order to remove or demolish the dwelling, the

public officer may cause the dwelling to be removed or demolished.

f. The amount of the cost of any repairs, alterations, or improvements, or vacating

and closing, or removal or demolition by the public officer constitutes a lien

against the real property upon which the cost was incurred and the lien, including

an allowance of the public officer's costs and necessary attorney's fees, may be

foreclosed in judicial proceedings in the manner provided by law for loans

secured by liens on real property. If the dwelling is removed or demolished by the

public officer, the public officer shall sell the materials of the dwelling and credit

the proceeds of the sale against the cost of the removal or demolition. Any

balance remaining must be paid to the parties entitled to it as determined by

proper judicial proceedings instituted by the public officer after deducting the

costs of the judicial proceedings, including necessary attorney's fees incurred in

those proceedings by the public officer, as determined by the court.

3. An ordinance adopted by a municipality pursuant to this section must provide that the

public officer may determine that a dwelling is unfit for human habitation if the public

officer finds that conditions exist in the dwelling which are dangerous or injurious to the

health, safety, or morals of the occupants of the dwelling, the occupants of neighboring

dwellings, or other residents of the municipality, or which have a blighting influence on

properties in the area. Those conditions may include defects in the dwelling increasing

the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or

sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness;

overcrowding; inadequate ingress and egress; inadequate drainage; or any violation of

health, fire, building, or zoning regulations, or any other laws or regulations relating to

the use of land and the use and occupancy of building and improvements. The

ordinance may provide additional standards to guide the public officer or the public

officer's agents or employees in determining the fitness of a dwelling for human

habitation.

4. Complaints or orders issued by a public officer pursuant to an ordinance adopted

under this section must be served upon persons either personally or by registered or

certified mail, but if the location of those persons is unknown and cannot be

ascertained by the public officer in the exercise of reasonable diligence, and the public

officer shall make an affidavit to that effect, then the serving of the complaint or order

upon those persons may be made by publishing the complaint or order once each

week for two consecutive weeks in a newspaper printed and published in the

municipality, or, in the absence of such newspaper, in one printed and published in the

county and circulating in the municipality in which the dwellings are located. A copy of

the complaint or order must be posted in a conspicuous place on the premises

affected by the complaint or order. A copy of the complaint or order must also be filed

with the clerk of the county in which the dwelling is located and the filing of the

complaint or order has the same force and effect as other lis pendens notices provided

by law.

5. Any person affected by an order issued by the public officer may petition the district

court, in accordance with the procedure provided in section 28-34-01, for an injunction

restraining the public officer from carrying out the provisions of the order, and the court

may, upon that petition, issue a temporary injunction restraining the public officer

pending the final disposition of the cause. Hearings must be held by the court on the

petitions within twenty days, or as soon thereafter as possible, and must be given

preference over other matters on the court's calendar. The court shall hear and

determine the issues raised and enter a final order or decree in the proceeding. In the

proceeding, the findings of the public officer as to facts, if supported by evidence, are

conclusive. The court may assess costs. The remedies provided under this section are

exclusive remedies and a person affected by an order of the public officer may not

recover any damages for action taken pursuant to any order of the public officer, or

because of compliance by that person with any order of the public officer.

6. An ordinance adopted by the governing body of the municipality may authorize the

public officer to exercise those powers as may be necessary or convenient to carry out

and effectuate the purposes and provisions of this chapter, including the following

powers in addition to other authority granted under this section:

a. To investigate the dwelling conditions in the municipality in order to determine

which dwellings are unfit for human habitation;

b. To administer oaths and affirmations, examine witnesses, and receive evidence;

c. To enter any premises for the purpose of making examinations, provided that

entry must be made in a manner that causes the least possible inconvenience to

the persons in possession, and to obtain an order for this purpose from a court of

competent jurisdiction in the event entry is denied or resisted;

d. To appoint and fix the duties of such officers, agents, and employees as the

public officer deems necessary to carry out the purposes of the ordinance; and

e. To delegate any of the public officer's functions and powers under the ordinance

to such officers, agents, and employees as the public officer may designate.

7. The governing body of any municipality adopting an ordinance under this section shall

as soon as possible prepare an estimate of the annual expenses or costs to provide

the equipment, personnel, and supplies necessary for periodic examinations and

investigations of the dwellings in the municipality for the purpose of determining the

fitness of the dwellings for human habitation, and for the enforcement and

administration of its ordinance or ordinances adopted under this section.

8. This section may not be construed to abrogate or impair the powers of the courts or of

any department of any municipality to enforce any provisions of its charter or its

ordinances or regulations, nor to prevent or punish violations thereof; and the powers

conferred by this section are in addition and supplemental to the powers conferred by

any other law.

9. This section may not be construed to impair or limit in any way the power of the

municipality to define and declare nuisances and to cause their removal or abatement,

by summary proceedings or otherwise.

10. The governing body of a city may adopt ordinances prescribing minimum standards for

the use and occupancy of dwellings throughout the city and to prevent the use or

occupancy of any dwelling which is injurious to the public health, safety, morals, or

welfare.
N.D. Cent. Code § 40-38.1-08 — ND Code / Title 40 / Chapter 40-38.1 / Section 40-38.1-08
40-38.1-08. Annual report of municipal arts council - Contents - To whom made
Status: in_force

40-38.1-08. Annual report of municipal arts council - Contents - To whom made

A municipal arts council shall make a report on July first of each year to the governing body

of the city, stating:

1. The condition of the property donated to the fund.

2. The various sums of money received from all sources.

3. How much money has been expended and for what purpose.

4. Such other statistics, information, and suggestions as the council may deem of general

interest.

Copies of the report shall be filed with the governing body of the city.
N.D. Cent. Code § 40-22-46 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-46
40-22-46. Payment of outstanding warrants - Deposits of surplus in general fund - General fund liable for any outstanding warrants
Status: in_force

40-22-46. Payment of outstanding warrants - Deposits of surplus in general fund -

General fund liable for any outstanding warrants.

Upon the discontinuance of any municipal parking lot under the authority of sections

40-22-44 and 40-22-45, the governing body shall apply the proceeds from the sale of such

property, if such property is sold, to the special assessment fund created to bear the cost of

creating the parking lot. If there is any surplus after all of the outstanding special assessment

warrants or bonds are redeemed, the surplus shall be transferred to the general fund of the

municipality. If the proceeds from the sale of such property, if such property is sold, are

insufficient to cover the cost of redeeming the outstanding special assessment warrants or

bonds, the governing body shall provide for the payment of said warrants or bonds out of the

general fund of the municipality.
N.D. Cent. Code § 40-43-06 — ND Code / Title 40 / Chapter 40-43 / Section 40-43-06
40-43-06. Purpose of judgment funding provisions
Status: in_force

40-43-06. Purpose of judgment funding provisions

This chapter creates additional powers and optional and alternative methods for the single

and specific purpose of enabling municipalities to pay and to compromise judgments, to issue

bonds to fund and satisfy the same, to levy taxes in amounts necessary for such purposes

without respect to limitations otherwise existing, and to scale down such judgments and

compromise and fund the same over a period of years.
N.D. Cent. Code § 40-22-14 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-14
40-22-14. Plans, specifications, and estimates filed in office of city auditor
Status: in_force

40-22-14. Plans, specifications, and estimates filed in office of city auditor

The plans, specifications, and estimates shall be the property of the municipality and shall

be filed in the office of the city auditor and shall remain on file in the city auditor's office subject

to inspection by any interested person.
N.D. Cent. Code § 40-19-04 — ND Code / Title 40 / Chapter 40-19 / Section 40-19-04
40-19-04. Compensation of village assessor
Status: repealed

40-19-04. Compensation of village assessor

Repealed by S.L. 1967, ch. 323, § 285.
N.D. Cent. Code § 40-38-07 — ND Code / Title 40 / Chapter 40-38 / Section 40-38-07
40-38-07. Library free to inhabitants of political subdivision - Subject to rules published by board of directors
Status: in_force

40-38-07. Library free to inhabitants of political subdivision - Subject to rules

published by board of directors.

Every library and reading room established under this chapter shall be free for the use of

inhabitants of the political subdivision where it is located subject to such reasonable rules and

regulations as the board of directors may deem necessary to adopt and publish to render the

use of the library and reading room of the greatest benefit. The board may exclude from the use

of the library and reading room any and all persons who willfully shall violate such rules.
N.D. Cent. Code § 40-22-27 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-27
40-22-27. Rejection of bids - Readvertising for bids or construction by municipality without contract - Re-evaluation of project
Status: repealed

40-22-27. Rejection of bids - Readvertising for bids or construction by municipality

without contract - Re-evaluation of project.

Repealed by S.L. 1995, ch. 443, § 29.
N.D. Cent. Code § 40-51.2-03 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-03
40-51.2-03. Annexation by petition of owners and electors
Status: in_force

40-51.2-03. Annexation by petition of owners and electors

Upon a written petition signed by not less than three-fourths of the qualified electors or by

the owners of not less than three-fourths in assessed value of the property in any territory

contiguous or adjacent to any incorporated municipality and not embraced within the limits

thereof, the governing body of the municipality, by ordinance, may annex such territory to the

municipality.
N.D. Cent. Code § 40-53.1-07 — ND Code / Title 40 / Chapter 40-53.1 / Section 40-53.1-07
40-53.1-07. Dissolution - Care of property - Manager - Disposition of funds
Status: in_force

40-53.1-07. Dissolution - Care of property - Manager - Disposition of funds

If a city is dissolved, the board of county commissioners shall assume control of all property

belonging to the dissolved city, except for streets and alleys if an organized township chooses to

maintain or vacate streets or alleys in the dissolved city under section 58-03-21. The county

shall employ a qualified person to manage and operate the property and to collect all charges

due from the operation of such property or dispose of the property in accordance with chapter
N.D. Cent. Code § 40-38.1-07 — ND Code / Title 40 / Chapter 40-38.1 / Section 40-38.1-07
40-38.1-07. Donations - How accepted - Council as trustee
Status: in_force

40-38.1-07. Donations - How accepted - Council as trustee

All persons desirous of making donations of money, personal property, or real estate for the

municipal arts fund may vest the same in the municipal arts council. The council shall hold and

control all property accepted as a special trustee. The city auditor shall be ex officio treasurer of

the council as such special trustee, and shall, under the direction of the council, keep, invest,

and disburse all funds and securities so vested in said board. The treasurer shall be deemed a

public employee and as such bonded through the state bonding fund in the amount fixed by the

council and at the expense of the council, as are other public employees under chapter 26.1-21.
N.D. Cent. Code § 40-33.1-11 — ND Code / Title 40 / Chapter 40-33.1 / Section 40-33.1-11
40-33.1-11. State and city not liable on notes - Exceptions as to cities
Status: in_force

40-33.1-11. State and city not liable on notes - Exceptions as to cities

The obligations of an authority shall not be a debt of the state of North Dakota and the state

shall not be liable thereon. The obligations of an authority shall not be a debt of a city and a city

shall not be liable thereon unless a city agrees to assist in financing projects and facilities

through the issuance of municipal bonds or other obligations which are considered to be a part

of the debt of the city as provided in section 40-33.1-04.
N.D. Cent. Code § 40-44-09 — ND Code / Title 40 / Chapter 40-44 / Section 40-44-09
40-44-09. Ordinance providing for civil service shall prohibit political activities of persons under system
Status: repealed

40-44-09. Ordinance providing for civil service shall prohibit political activities of

persons under system.

Repealed by S.L. 1977, ch. 420, § 3.
N.D. Cent. Code § 40-22-25 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-25
40-22-25. Opening of bids - Bids to be entered on minutes - Final action on bids to be deferred
Status: repealed

40-22-25. Opening of bids - Bids to be entered on minutes - Final action on bids to be

deferred.

Repealed by S.L. 1995, ch. 443, § 29.
N.D. Cent. Code § 40-44-12 — ND Code / Title 40 / Chapter 40-44 / Section 40-44-12
40-44-12. Abandonment of civil service system - Election - Form of ballot - Removal of department or employee from civil service
Status: in_force

40-44-12. Abandonment of civil service system - Election - Form of ballot - Removal

of department or employee from civil service.

After a civil service system has been adopted, the governing body shall not abolish it nor

remove any department or employee thereof, or any employee or appointive official, from under

the civil service and the provisions of this chapter unless and until civil service has been

abandoned by the city after the question shall have been submitted to the qualified electors of

the city at a regular or special municipal election. At any election held to determine whether the

city shall abandon the civil service system, the question shall be submitted to the electors in

substantially the following form:

Shall the city abandon the civil service system?

Yes ☐

No ☐

If two-thirds of the votes cast upon the question favor the abandonment of civil service, the

governing body shall provide for the abandonment of the system. Any office or employment,

however, may be abolished by the governing body of the city by resolution declaring there no

longer is need therefor after a hearing has been given to the officials and employees to be

affected and after a determination to such effect.
N.D. Cent. Code § 40-48-18 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-18
40-48-18. Extraterritorial subdivision regulation - Mediation - Determination by administrative law judge
Status: in_force

40-48-18. Extraterritorial subdivision regulation - Mediation - Determination by

administrative law judge.

1. A city may, by ordinance, extend its regulation of subdivisions beyond its corporate

limits to the same extent as a city is authorized to extend its zoning authority under

section 40-47-01.1.

2. If two or more cities have boundaries at a distance where there is an overlap of

extraterritorial subdivision regulation authority under this section, the governing bodies

of the cities may enter into an agreement regarding the extraterritorial subdivision

regulation authority of each city. The agreement must be for a specific term and is

binding upon the cities unless the governing bodies of the cities agree to amend or

rescind the agreement or unless determined otherwise by an administrative law judge

in accordance with this chapter. If a dispute arises concerning the extraterritorial

subdivision regulation authority of a city, and the governing bodies of the cities

involved fail to resolve the dispute, the dispute must be submitted to a committee for

mediation. The committee must be comprised of one member appointed by the

governor, one member of the governing body of each city, and one member of the

planning commission of each city who resides outside the corporate city limits. The

governor's appointee shall arrange and preside over the meeting and act as mediator

at the meeting. The meeting may be continued until the dispute has been resolved or

until the mediator determines that continued mediation is no longer worthwhile.

3. If the mediation committee is unable to resolve the dispute to the satisfaction of the

governing bodies of all the cities involved, the governing body of any of the cities may

petition the office of administrative hearings to appoint an administrative law judge to

determine the extraterritorial subdivision regulation authority of the cities in the

disputed area. A hearing may not be held until after at least two weeks' written notice

has been given to the governing bodies of the cities involved in the dispute. At the

hearing, the governor's appointee who mediated the meetings under subsection 2

shall provide information to the administrative law judge on the dispute between the

cities involved and any proposed resolutions or recommendations made by a majority

of the committee members. Any resident of, or person owning property in, a city

involved in the dispute or the unincorporated territory that is the subject of the

proposed subdivision regulation, a representative of such a resident or property owner,

and any representative of a city involved, may appear at the hearing and present

evidence on any matter to be determined by the administrative law judge. A decision

by the administrative law judge is binding upon all the cities involved in the dispute and

remains effective until the governing bodies of the cities agree to a change in the

subdivision regulation authority of the cities. The governing body of a city may request

a review of a decision of an administrative law judge due to changed circumstances at

any time ten years after the decision has become final. An administrative law judge

shall consider the following factors in making a decision under this subsection:

a. The proportional extraterritorial subdivision regulation authority of the cities

involved in the dispute;

b. The proximity of the land in dispute to the corporate limits of each city involved;

c. The proximity of the land in dispute to developed property in the cities involved;

d. Whether any of the cities has exercised extraterritorial subdivision regulation

authority over the disputed land;

e. Whether natural boundaries such as rivers, lakes, highways, or other physical

characteristics affecting the land are present;

f. The growth pattern of the cities involved in the dispute; and

g. Any other factor determined to be relevant by the administrative law judge.
N.D. Cent. Code § 40-46-22 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-22
40-46-22. Pensions not subject to assignment, debts, execution, or other process
Status: repealed

40-46-22. Pensions not subject to assignment, debts, execution, or other process

Repealed by S.L. 1987, ch. 386, § 2.
N.D. Cent. Code § 40-57.2-01 — ND Code / Title 40 / Chapter 40-57.2 / Section 40-57.2-01
40-57.2-01. Cities and counties may enter into agreements for surveys for industrial development and career and technical education and on-the-job training
Status: in_force

40-57.2-01. Cities and counties may enter into agreements for surveys for industrial

development and career and technical education and on-the-job training.

The governing body of any city or county of this state is authorized in accordance with the

provisions of this chapter to enter into contracts with any person, firm, association, corporation,

or limited liability company for the purpose of obtaining site surveys and site development plans,

structural and mechanical plans and surveys, market surveys, and similar plans and surveys

relating to industrial development and plant location, design, construction, equipment, and

operation. Similar contracts may be entered into by such political subdivisions in accordance

with the provisions of this chapter for the providing of career and technical education and

on-the-job training for residents of this state in industries located within this state. Such

agreements shall be entered into only with a financially and educationally reliable person, firm,

association, corporation, or limited liability company that has been approved for such agreement

by a local development organization located in such city or county and organized to encourage

industrial and commercial development and growth.
N.D. Cent. Code § 40-46-19 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-19
40-46-19. Decision on re-examination is final - Exception
Status: in_force

40-46-19. Decision on re-examination is final - Exception

The decision of the board of trustees upon the re-examination provided for in section

40-46-18 shall be final and conclusive in the absence of fraud, and no appeal shall be allowed

therefrom. The disabled employee shall remain upon the pension roll unless and until reinstated

in service by reason of the re-examination.
N.D. Cent. Code § 40-05.1-08 — ND Code / Title 40 / Chapter 40-05.1 / Section 40-05.1-08
40-05.1-08. Commission - Terms of office - Vacancies
Status: in_force

40-05.1-08. Commission - Terms of office - Vacancies

The terms of office of the members of the charter commission shall be four years. Any

vacancy on said commission shall be filled by the governing body of the city.
N.D. Cent. Code § 40-57.4-03 — ND Code / Title 40 / Chapter 40-57.4 / Section 40-57.4-03
40-57.4-03. Powers and duties of city job development authorities
Status: in_force

40-57.4-03. Powers and duties of city job development authorities

The city job development authority shall use its financial and other resources to encourage

and assist in the development of employment within the city. In fulfilling this objective, the job

development authority may exercise the following powers:

1. To sue and be sued.

2. To make and execute contracts and other instruments necessary or convenient to the

exercise of the powers of the authority.

3. To hire professional personnel skilled in seeking and promoting new or expanded

opportunities within the city.

4. To make, amend, and repeal resolutions consistent with the provisions of this chapter

as necessary to carry into effect the powers and purposes of the authority.

5. To acquire by gift, trade, or purchase, and to hold, improve, and dispose of real or

personal property.

6. To request a tax levy as provided in section 40-57.4-04 and to expend moneys raised

by the tax for the purposes provided in this chapter.

7. To insure or provide for insurance of any real or personal property in which the

authority has an insurable interest.

8. To invest any funds held by the authority.

9. To cooperate with political subdivisions in exercising any of the powers granted by this

section.

10. To loan, grant, or convey any funds or other real or personal property held by the

authority for any purpose necessary or convenient to carry into effect the objective of

the authority established by this chapter.

11. To use existing, uncommitted funds held by the authority to guarantee loans or make

other financial commitments to enhance economic development.

12. To take an equity position in, provide a loan to, or use any other innovative financing

mechanism to provide capital for a new or expanding business in this state or for a

business relocating to this state.

13. To exercise any other powers necessary to carry out the purposes and provisions of

this chapter.
N.D. Cent. Code § 40-45-12 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-12
40-45-12. Assignment of retired members to light duties in police department
Status: in_force

40-45-12. Assignment of retired members to light duties in police department

The chief of the police department of the city may assign any member of the department,

retired or drawing a pension under the provisions of this chapter, to the performance of light

duties in such department.
N.D. Cent. Code § 40-13-05 — ND Code / Title 40 / Chapter 40-13 / Section 40-13-05
40-13-05. Officers not to be interested in contracts or work of municipality - Exception
Status: in_force

40-13-05. Officers not to be interested in contracts or work of municipality -

Exception.

Except as otherwise provided by law, no municipal officer, in a municipality having a

population of ten thousand or more according to the last federal decennial census, shall be

directly or indirectly interested in:

1. Any contract, work, or business of the municipality;

2. The sale of any article the expense, price, or consideration of which is paid from the

municipal treasury or by any assessment levied by any act or ordinance; or

3. The purchase of any real estate or other property belonging to the municipality or

which shall be sold for taxes or assessments or by virtue of any process issued in any

suit brought by the municipality.

Provided, however, that the foregoing shall not be applicable if unanimously approved by the

other members of the governing body of the political subdivision by a finding unanimously

adopted by such other members and entered in the official minutes of the governing body, to be

necessary for the reason that the services or property obtained are not otherwise available at

equal cost.
N.D. Cent. Code § 40-08-11 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-11
40-08-11. When president and vice president of council elected
Status: in_force

40-08-11. When president and vice president of council elected

At the organization meeting in each even-numbered year, the members of the city council

shall proceed to elect from their number a president and a vice president who shall hold their

respective offices until their successors are elected at the organization meeting following the

next biennial election.
N.D. Cent. Code § 40-22-08 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-08
40-22-08. Improvement districts to be created
Status: in_force

40-22-08. Improvement districts to be created

For the purpose of making an improvement project of one of the types specified in section

40-22-01 and defraying the cost thereof by special assessments, a municipality may create

water districts, sewer districts, water and sewer districts, street improvement districts, boulevard

improvement districts, flood protection districts, and parking districts, and may extend any such

district when necessary. The appropriate special improvement district may be created by

ordinance or resolution. The district shall be designated by a name appropriate to the type of

improvement for the making of which it is created, and by a number distinguishing it from other

improvement districts. Nothing herein, however, shall prevent a municipality from making and

financing any improvement and levying special assessments therefor under any alternate

procedure set forth in this title.
N.D. Cent. Code § 40-35-04 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-04
40-35-04. Resolution authorizing undertaking and the issuance of revenue bonds
Status: in_force

40-35-04. Resolution authorizing undertaking and the issuance of revenue bonds

The acquisition, construction, reconstruction, improvement, betterment, or extension of any

undertaking, and the issuance of bonds in anticipation of the collection of the revenues of such

undertaking to provide funds to pay the cost thereof, may be authorized by an ordinance or

resolution of the governing body adopted at any meeting thereof, after appropriate notice, by the

affirmative vote of a majority of its members. The amount of such bonds so authorized, however,

shall not exceed the amount authorized by the electors of the municipality as provided in this

chapter. Unless otherwise provided in the ordinance or resolution, such ordinance or resolution

shall take effect immediately and need not be laid over, published, or posted.
N.D. Cent. Code § 40-43-04 — ND Code / Title 40 / Chapter 40-43 / Section 40-43-04
40-43-04. Levy of tax to pay principal and interest of bonds - Duty of county auditor
Status: repealed

40-43-04. Levy of tax to pay principal and interest of bonds - Duty of county auditor

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 40-48-06 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-06
40-48-06. President of commission - Meetings - Record to be kept - Appointment officers and employees - Power to contract
Status: in_force

40-48-06. President of commission - Meetings - Record to be kept - Appointment

officers and employees - Power to contract.

The planning commission shall elect its president for a term of one year from among the

appointed members. The commission shall hold at least one regular meeting in each month. It

shall adopt rules for the transaction of business and shall keep a record of its resolutions,

transactions, findings, and determinations, and such record shall be a public record. The

commission may appoint such officers and employees as it may deem necessary for its work,

and the appointment, promotion, demotion, and removal of such officers and employees shall

be subject to the same provisions of law as govern other corresponding civil employees. The

commission may contract with architects, city planners, engineers, and other consultants for

such services as it may require.
N.D. Cent. Code § 40-18.1-20 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-20
40-18.1-20. Appeals from determinations of municipal judge in courts of record
Status: in_force

40-18.1-20. Appeals from determinations of municipal judge in courts of record

1. For a case filed on or after July 1, 2026, an appeal may be taken to the district court

from a judgment of conviction or order deferring imposition of sentence in a municipal

court in accordance with the North Dakota Rules of Criminal Procedure.

2. An appeal from a municipal court of record must originate from the file, record,

recording, transcript, or evidence from the municipal court.

3. The district court may affirm, reverse, or amend any appeal order or judgment and

may direct the proper order or judgment be entered or direct a new trial or further

proceeding be had in the court from which the appeal was taken.
N.D. Cent. Code § 40-49-25 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-25
40-49-25. Medal of honor monument
Status: in_force

40-49-25. Medal of honor monument

Upon completion of the medal of honor monument in Roosevelt park in Minot, ownership

and responsibility for the monument's maintenance belongs to the Minot park board or its

successor.
N.D. Cent. Code § 40-37-04 — ND Code / Title 40 / Chapter 40-37 / Section 40-37-04
40-37-04. Funds derived from levy expended only for maintenance and employment of municipal band
Status: in_force

40-37-04. Funds derived from levy expended only for maintenance and employment

of municipal band.

All funds derived from a levy made under the provisions of this chapter shall be expended

by the governing body only for the maintenance or employment of a municipal band.
N.D. Cent. Code § 40-51.2-02.2 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-02.2
40-51.2-02.2. Annexation of land in the extraterritorial zoning or subdivision regulation authority of another city
Status: in_force

40-51.2-02.2. Annexation of land in the extraterritorial zoning or subdivision

regulation authority of another city.

A city may not annex land located within the extraterritorial zoning or subdivision regulation

authority of another city by ordinance or resolution unless:

1. Written consent is received from the governing body of the other city; or

2. The annexation is ordered by an administrative law judge in accordance with this

chapter.
N.D. Cent. Code § 40-51.2-05 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-05
40-51.2-05. Notice - Petition of owners and electors - Mediation
Status: in_force

40-51.2-05. Notice - Petition of owners and electors - Mediation

1. The governing body may not take final action on a petition presented by owners and

qualified electors until the petitioners have given notice of presentation of the petition

by one publication in the official newspaper of the city as provided by section 40-01-09

and the governing body has mailed at least fifteen days before the presentation, by

certified mail, a notice of the time and place of consideration of the petition to the

owner of each parcel of real property within the area described in the petition at the

person's last-known mailing address. The notice is not required to be sent to any

owner of real property who signed a petition pursuant to section 40-51.2-03 or
N.D. Cent. Code § 40-57.4-01 — ND Code / Title 40 / Chapter 40-57.4 / Section 40-57.4-01
40-57.4-01. City job development authority - Board of directors member qualifications
Status: in_force

40-57.4-01. City job development authority - Board of directors member

qualifications.

The governing body of a city, by resolution, may create a job development authority for the

city, or may discontinue a job development authority which has been created for the city. Before

a resolution is adopted to create a city job development authority, the governing body of the city

shall hold a public hearing to provide interested persons an opportunity to be heard. Notice of

the time, place, and purpose of the hearing must be published not less than thirty days prior to

the hearing in the official newspaper of the city. If the authority is created, the question of

discontinuing the authority may be placed on the ballot at the next regular election by petition

signed by electors of the city equal in number to ten percent of the votes cast in the city for the

office of governor in the last general election. The petition must be presented to the governing

body of the city not later than thirty days after the adoption of the resolution creating the city job

development authority. The question of discontinuing the authority requires a majority of the

electors voting on the question for passage. If the authority is created, the governing body of the

city shall appoint a board of directors. The members must be appointed without regard to

political affiliation and upon their fitness to serve as members by reason of character,

experience, and training.
N.D. Cent. Code § 40-36-13 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-13
40-36-13. Exchange or sale of refunding bonds
Status: in_force

40-36-13. Exchange or sale of refunding bonds

Refunding bonds may be sold or exchanged in installments at different times, or an entire

issue or series may be sold or exchanged at one time. Any issue or series of refunding bonds

may be exchanged in part or sold in part in installments at different times or at one time, and

such bonds may be sold or exchanged at any time on, before, or after the maturity of any of the

outstanding notes, bonds, certificates, or other obligations to be refinanced thereby. If the

governing body shall determine to:

1. Exchange any refunding bonds, such bonds may be exchanged privately for, and in

payment and discharge of, any of the outstanding notes, bonds, or other obligations of

the municipality issued to finance or to aid in financing the acquisition, construction,

improvement, or refinancing of an enterprise. The refunding bonds may be exchanged

for a like or a greater principal amount of such notes, bonds, or other obligations of the

municipality. The principal amount of the refunding bonds, however, may exceed the

principal amount of outstanding notes, bonds, or other obligations for which they are

exchanged only to the extent necessary or advisable, in the discretion of the governing

body, to fund interest in arrears or about to become due. The holder or holders of such

outstanding notes, bonds, or other obligations need not pay accrued interest on the

refunding bonds to be delivered in exchange therefor if, and to the same extent that,

interest is due or accrued and unpaid on such outstanding notes, bonds, or other

obligations to be surrendered.

2. Sell any refunding bonds, such bonds shall be sold at not less than ninety-eight

percent of par at public or private sale in such manner and upon such terms as the

governing body shall deem for the best interests of the municipality.

3. Exchange or sell any refunding bonds more than six months in advance of the date on

which the bonds being refunded mature or are redeemable in accordance with their

terms to reduce the debt service costs, extend or adjust maturities in relation to the

revenues pledged for payment of the bonds, permit the more advantageous sale of

additional bonds, or any other purpose deemed necessary or desirable by the

governing body, then the proceeds of the refunding bonds, including any premium and

accrued interest, shall be deposited in escrow with a suitable bank or trust company,

having its principal place of business within or without the state, and shall be invested

in such amount and in securities maturing on such dates and bearing interest at such

rates as shall be required to provide funds sufficient to pay when due the interest to

accrue on each bond refunded to its maturity or, if it is prepayable and called for

redemption, to an earlier prior date upon which it may be called for redemption, and to

pay and redeem the principal amount of each such bond at maturity or, if prepayable

and called for redemption, at the earlier redemption date, and any premium required

for redemption on such date, or in the case of a crossover refunding, must be invested

in securities irrevocably appropriated to the payment of principal and interest on the

refunding bonds until the date the proceeds are applied to the payment or redemption

of the bonds to be refunded. The governing body's resolution authorizing the refunding

bonds shall irrevocably appropriate for these purposes the escrow fund and all

investments thereof, which shall be held in safekeeping by the escrow agent, and all

income therefrom, and may provide for the call for redemption of all prepayable bonds

in accordance with their terms. The securities to be purchased with the escrow fund

shall be limited to general obligations of the United States, securities whose principal

and interest payments are guaranteed by the United States, and securities issued by

the following United States government agencies: banks for cooperatives, federal

home loan banks, federal intermediate credit banks, federal land banks, and the

federal national mortgage association. Such securities shall be purchased

simultaneously with the delivery of the refunding bonds. Moneys on hand in the sinking

fund maintained for the payment of the outstanding bonds, and not immediately

needed for the payment of interest or principal due, or other legally available funds of

the municipality may likewise be deposited in the escrow fund and invested in the

same manner as the proceeds of the new bonds, to the extent consistent with the

provisions of resolutions authorizing the outstanding bonds.
N.D. Cent. Code § 40-08-05 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-05
40-08-05. Qualifications of council members
Status: in_force

40-08-05. Qualifications of council members

An individual is not eligible to the office of council member if the individual is not a qualified

elector of and resident within the ward for which the individual was elected, except that in cities

where council members are elected at large and not required to be a resident of the ward for

which the individual is elected pursuant to section 40-08-04.2, the individual must be a qualified

elector of and a resident within the city.
N.D. Cent. Code § 40-54-05 — ND Code / Title 40 / Chapter 40-54 / Section 40-54-05
40-54-05. Assessments
Status: in_force

40-54-05. Assessments

The entire cost of furnishing gravel, together with the cost of the legal notices and

engineering services involved, and including the cost of gravel used at street intersections, shall

thereupon be assessed against the property adjoining such street upon a front foot basis by the

city engineer. The city engineer shall return the assessments of such cost and file the same in

the office of the city auditor, who shall cause such assessment, together with a notice of the

time and place when and where the governing body will meet to consider the approval thereof,

to be published in one issue of the official newspaper at least ten days prior to the meeting of

the governing body at which the approval of such assessment will be considered. Upon such

hearing, the decision of the board shall be final.
N.D. Cent. Code § 40-49-05 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-05
40-49-05. Board of park commissioners in city - Terms
Status: in_force

40-49-05. Board of park commissioners in city - Terms

1. The powers of a park district in a city must be exercised by a board of park

commissioners consisting of five or three members, as determined by the governing

body of the city in creating the park district or pursuant to sections 40-49-07.1 and
N.D. Cent. Code § 40-16-03 — ND Code / Title 40 / Chapter 40-16 / Section 40-16-03
40-16-03. Duties of city auditor in general
Status: in_force

40-16-03. Duties of city auditor in general

It shall be the duty of each city auditor:

1. Meetings. To attend all meetings of the governing body and keep a complete record of

its proceedings. The official proceedings are to be signed by the auditor when they are

prepared and by the executive officer upon board approval at a subsequent meeting.

2. Records. To keep all papers and records of the city.

3. Records. To maintain a complete record of all financial transactions of the city which

includes receipts, disbursements, fund balances, and other assets, liabilities, and

equity.

4. Bonds and evidences of indebtedness. To examine and countersign all bonds, orders,

or other evidences of indebtedness of the city before the same become valid.

5. Books of account. To keep regular books of account in which the city auditor shall

enter all indebtedness of the city and which at all times shall show the financial

condition of the city, the amount of bonds, orders, certificates, or other evidences of

indebtedness issued by the governing body, the amount of all bonds, orders,

certificates, or other evidences of indebtedness which have been redeemed, and the

amount of each outstanding.

6. List of bonds, orders, and other evidences of indebtedness. To make and keep a list of

outstanding city bonds, orders, certificates, or other evidences of indebtedness

showing to whom and for what purpose the same were issued, when and where each

is payable, the rate of interest each bears, and to recommend such action to the

governing body as will secure the punctual payment of the principal and interest of

such bonds or other indebtedness.

7. Countersign contracts. To countersign all contracts made in behalf of the city if the

necessary funds have been provided to pay the liability incurred thereunder, to

countersign certificates of work authorized by any committee of the governing body, or

by any city officer. Each contract made in behalf of a city or to which a city is a party

shall be void unless countersigned by the auditor.

8. Present communications. To present to the governing body for its consideration at its

next meeting all communications, claims, and other matters filed in the city auditor's

office.

9. Ordinances and official bonds. To record all ordinances adopted and licenses granted

by the city and all official bonds of city officers in books kept for that purpose which

shall be open to public inspection at reasonable times.

10. Work certificates. To keep a list of all certificates issued by the city for work or any

other purpose.

11. Accounts with officers. To keep accounts with all receiving and disbursing officers of

the city showing the amount they have received from the different sources of revenue,

and the amount which they have disbursed under the direction of the governing body.

12. Record of official acts. To keep a record of the city auditor's official acts and doings

and to enter all contracts in an indexed book which shall be open to the inspection of

the public.

13. Special assessment lists. To make a list of all certificates for the payment of which

special taxes are to be levied in each year in time for the same to be inserted in the tax

roll in the form of a schedule of special taxes and to certify to the correctness thereof.

The certified schedule shall be prima facie evidence of the legality and regularity of the

taxes levied in pursuance thereof, but no irregularity in the making of such lists shall

invalidate any such special tax.

14. Receipts. To issue prenumbered duplicate receipts for all moneys paid into the city

treasury from whatever source received specifying the date and amount of such

payment and upon what account such money is paid. Such receipts shall be recorded

numerically in the record of receipts.

15. Disbursements. Submit all claims against the city to the governing body for approval.

Upon approval, the auditor shall draw and countersign, along with the executive officer,

a warrant in payment of the claim. No warrant shall be delivered or mailed until such

warrant has been recorded in the disbursement record. Approval of all claims shall be

recorded in the official proceedings of the governing body showing the warrant

number, payee, and amount, except that salaries and wages may be consolidated in

one order, and this shall be sufficient to indicate approval without requiring a majority

of the members of the governing body to sign or initial the voucher or order for

payment.

16. Monthly reconcilement. To reconcile monthly the bank statements listing all deposits in

transit and outstanding checks.

17. Additional duties. To perform, from time to time, such duties not required specifically by

the provisions of this chapter as the governing body may direct.

18. Training. For an individual who is appointed to the position of city auditor, to complete,

within one year of assuming office, training based on a curriculum specific to that office

and approved by a statewide association representing cities.
N.D. Cent. Code § 40-24-03 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-03
40-24-03. Lien between vendor and vendee of special assessments
Status: in_force

40-24-03. Lien between vendor and vendee of special assessments

As between a vendor and vendee of real property, unless the purchase contract otherwise

provides, the installments of all special assessments for local improvements which are required

to be certified and returned to the county auditor in each year shall be and become a lien upon

the real property upon which the same are assessed from and after the first day of December in

such year.
N.D. Cent. Code § 40-18.1-02 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-02
40-18.1-02. Jurisdiction
Status: in_force

40-18.1-02. Jurisdiction

1. The municipal court has jurisdiction to hear, try, and determine offenses against the

ordinances of any city served by the court.

2. Notwithstanding any other provision of law, the municipal court does not have

jurisdiction to hear, try, and determine:

a. An offense that would be a violation of section 39-08-01 or equivalent ordinance,

if the individual charged with the offense has twice previously been convicted of a

violation of section 39-08-01 or equivalent ordinance within the seven years

preceding the commission of the offense charged or if the individual charged with

the offense has three times previously been convicted of a violation of section

39-08-01 or equivalent ordinance within the fifteen years preceding the

commission of the offense charged. If the offense is charged in the municipal

court and the municipal judge has notice of a violation of section 39-08-01 or

equivalent ordinance twice within the seven years, or three times within the fifteen

years, preceding the commission of the offense charged, the municipal judge

shall dismiss the charge, without prejudice, and refer the matter to the state's

attorney of the county in which the municipal court is located.

b. An offense that would be a violation of section 39-08-01 or equivalent ordinance if

the judge is not licensed to practice law in this state.

c. A domestic violence offense.

d. A criminal offense, including criminal traffic offenses, against a juvenile, except a

municipal court may hear, try, and determine noncriminal offenses against a

juvenile if the juvenile is not subject to the exclusive jurisdiction of the juvenile

court under chapter 27-20.2.
N.D. Cent. Code § 40-56-04 — ND Code / Title 40 / Chapter 40-56 / Section 40-56-04
40-56-04. Protests to bar improvements
Status: in_force

40-56-04. Protests to bar improvements

If the city's total share of the costs equals or exceeds fifty percent of the entire cost of the

project, the governing body may initiate, carry out, and construct the project, and special

assessments may be levied against the benefited property in the manner provided by law,

unless within thirty days after the first publication of the resolution declaring the work to be

necessary, the owners of seventy-five percent or more, by area, of the property liable to be

specially assessed for the improvement, shall file written protest against said improvement with

the city auditor.
N.D. Cent. Code § 40-18.1-12 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-12
40-18.1-12. Action for violation of ordinance in corporate name - Previous prosecution, recovery, or acquittal no defense
Status: in_force

40-18.1-12. Action for violation of ordinance in corporate name - Previous

prosecution, recovery, or acquittal no defense.

An action brought to recover a fine, enforce a penalty, or punish a violation of a city

ordinance must be brought in the corporate name of the city as plaintiff. A prosecution, recovery,

or acquittal for the violation of a city ordinance may not constitute a defense to any other

prosecution of the same individual for any other violation of the ordinance, notwithstanding that

the different claims for relief existed at the time of the previous prosecution and if united, would

not have exceeded the jurisdiction of the court.
N.D. Cent. Code § 40-02-06 — ND Code / Title 40 / Chapter 40-02 / Section 40-02-06
40-02-06. Board of county commissioners to consider petition
Status: in_force

40-02-06. Board of county commissioners to consider petition

Before hearing the petition, the board of county commissioners shall require proof, either by

affidavit or by oral examination of witnesses before it, that notice as required by section

40-02-05 was given and that the survey, map, and census were subject to examination in the

manner and for the period required by this chapter. All interested persons shall have the

opportunity to comment at the hearing. The board shall have the authority to approve or

disapprove, with or without amendment, the petition for incorporation. Before taking action on a

petition, the board may consider such factors as the permanent nature of the community, the

necessity for incorporation shown by the community, the ability of the community to assume

municipal responsibilities, and the showing that the burdens and benefits of incorporation will be

equal and just.

The board of county commissioners shall make a written record of its findings on each of

the assertions contained in the petition and shall provide any interested person with a copy of

those findings. If the board is satisfied that the petition should be approved, it shall make an

order fixing the time and the places within the boundaries of the proposed municipality at which

an election may be held to determine the question of incorporation as requested in the petition.

If the territory described in the petition is located in more than one county, the board shall, after

consultation with the board of the other county involved, designate a separate election place in

each county in which any part of the territory described in the petition is situated. The board

shall name the persons to act as judges of the election in each such election place.
N.D. Cent. Code § 40-58-10 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-10
40-58-10. Issuance of bonds
Status: in_force

40-58-10. Issuance of bonds

1. A municipality may issue bonds from time to time in its discretion to finance the

undertaking of any development or renewal project, including the payment of principal

and interest upon any advances for surveys and plans for development or renewal

projects, and may issue refunding bonds for the payment or retirement of bonds

previously issued by it. The bonds must be made payable, as to both principal and

interest, solely from the income, proceeds, revenues, and funds of the municipality

derived from or held in connection with its undertaking and carrying out of

development or renewal projects; provided, however, that the payment of bonds, both

as to principal and interest, may be further secured by a pledge of any loan, grant, or

contribution from the federal government or other source, in aid of any development or

renewal projects of the municipality, and by a mortgage of all or any part of a

development or renewal project, title to which is in the municipality.

2. Bonds issued under this section do not constitute an indebtedness within the meaning

of any constitutional or statutory debt limitation or restriction, and are not subject to

any other law or charter relating to the authorization, issuance, or sale of bonds.

Bonds issued under this chapter are declared to be issued for an essential public and

governmental purpose and, together with interest and income, are exempt from all

taxation.

3. Bonds issued under this section must be authorized by resolution or ordinance of the

governing body and may be issued in one or more series and must bear such date or

dates, be payable upon demand or mature at such time or times, bear interest at such

rate or rates, resulting in an average annual net interest cost not exceeding twelve per

centum per annum on those issues which are sold at private sale. The bonds must be

in such denominations, be in such form, either coupon or registered, carry such

conversion or registration privileges, have such rank or priority, be executed in such

manner, be payable in such medium of payment, at such places, and be subject to

such terms of redemption with or without premium, be secured in such manner, and

have such other characteristics, as may be provided by the resolution or trust

indenture or mortgage issued pursuant to the resolution.

4. The bonds may be sold at not less than par at public sales held after notice published

prior to the sale in a newspaper having a general circulation in the area of operation

and in any other medium of publication as the municipality may determine or may be

exchanged for other bonds on the basis of par; provided, that the bonds may be sold

to the federal government at private sale at not less than par, and, in the event less

than all of the authorized principal amount of the bonds is sold to the federal

government, the balance may be sold at private sale at not less than par at an interest

cost to the municipality of not to exceed the interest cost to the municipality of the

portion of the bonds sold to the federal government. The bonds may also be sold at

private sale if the obligations do not exceed the total sum of one hundred thousand

dollars. There is no interest rate ceiling on issues sold at public sale or to the state of

North Dakota or any of its agencies or instrumentalities.

5. If a public official of the municipality whose signature appears on any bonds or

coupons issued under this chapter ceases to be a public official before the delivery of

the bonds, the signature is, nevertheless, valid and sufficient for all purposes, as if the

official had remained in office until the delivery. Any law to the contrary

notwithstanding, any bonds issued pursuant to this chapter are fully negotiable.

6. In any suit, action, or proceeding involving the validity or enforceability of any bond

issued under this chapter or the security for the bond, any bond reciting in substance

that it has been issued by the municipality in connection with a development or

renewal project is conclusively deemed to have been issued for that purpose and the

project is conclusively deemed to have been planned, located, and carried out in

accordance with this chapter.
N.D. Cent. Code § 40-39-05 — ND Code / Title 40 / Chapter 40-39 / Section 40-39-05
40-39-05. Petition for vacation of streets, alleys, or public grounds - Contents - Verification
Status: in_force

40-39-05. Petition for vacation of streets, alleys, or public grounds - Contents -

Verification.

No public grounds, streets, alleys, or parts thereof within a municipality shall be vacated or

discontinued by the governing body except on a petition signed by all of the owners of the

property adjoining the plat to be vacated. Such petition shall set forth the facts and reasons for

such vacation, shall be accompanied by a plat of such public grounds, streets, or alleys

proposed to be vacated, and shall be verified by the oath of at least one petitioner.
N.D. Cent. Code § 40-61-11 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-11
40-61-11. Agreement of a city
Status: in_force

40-61-11. Agreement of a city

1. Cities may pledge to and agree with the holders of the bonds that the city will not limit

or alter the rights hereby vested in the authority to acquire, construct, maintain,

reconstruct, and operate the project or projects, to establish and collect rentals, fees,

and other charges and to fulfill the terms of any agreements made with the holders of

the bonds, or in any way impair the rights and remedies of the bondholders, until the

bonds, together with interest thereon, with interest on any unpaid installments of

interest and all costs and expenses in connection with any action or proceeding by or

on behalf of the bondholders are fully met and discharged.

2. Authorities are hereby authorized, in their discretion, for and on behalf of themselves

and the city which authorized them, to covenant and agree with the holders of the

bonds, with such exceptions and limitations as it may deem in the public interest, that

no public parking areas except those acquired and operated by the authority will be

constructed or operated in the city by the city, or by any public benefit or other

corporation the members or some of which are elected or are appointed by city

officials, until either the bonds, together with interest thereon, interest on any unpaid

installments of interest and all costs and expenses in connection with any action or

proceeding by or on behalf of the bondholders are fully met and discharged, or

principal or interest of any of the bonds shall be overdue and unpaid for a period of

three years or more.
N.D. Cent. Code § 40-29-15 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-15
40-29-15. Warrants - Payable - Interest - Contents - Signed - Uses
Status: in_force

40-29-15. Warrants - Payable - Interest - Contents - Signed - Uses

All sidewalk assessment warrants shall be payable as specified and in such amounts as in

the judgment of the governing body will be provided by the taxes and assessments. The

warrants shall bear interest at a rate or rates and be sold at a price resulting in an average net

interest cost not to exceed twelve percent per annum if sold at private sale. There is no interest

rate ceiling on warrants sold at public sale or to the state of North Dakota or any of its agencies

or instrumentalities. The warrants must state on their face the purpose for which they were

issued and from what fund they are payable and must be signed by the executive officer and

countersigned by the city auditor under the seal of the municipality. The warrants may be used

in making payment on contracts for making the improvements or may be sold for cash at not

less than ninety-eight percent of the par value thereof and the proceeds credited to the special

fund and used to pay for such improvements.
N.D. Cent. Code § 40-15-04 — ND Code / Title 40 / Chapter 40-15 / Section 40-15-04
40-15-04. Extension of terms of officers in commission cities elected to terms expiring in 1943 and 1945
Status: repealed

40-15-04. Extension of terms of officers in commission cities elected to terms

expiring in 1943 and 1945.

Repealed by omission from this code.
N.D. Cent. Code § 40-22-01.2 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-01.2
40-22-01.2. Municipal policy providing special assessment determination methods for allocation of assessments among and within classes of property
Status: in_force

40-22-01.2. Municipal policy providing special assessment determination methods for

allocation of assessments among and within classes of property.

Within five months of this section becoming applicable to a city, the governing body of each

city with a population exceeding ten thousand shall adopt written policies, after a public hearing

for consideration of the policies, which will be applied for cost allocation among properties

benefited by a special assessment project. Policies established under this section must provide

separately the policy that will be applied for cost allocation for each kind of special assessment

and the cost allocation method for residential, commercial, and agricultural property and for any

property subject to separate or special assessment factors or assessment rates.
N.D. Cent. Code § 40-40-21 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-21
40-40-21. Balance at end of fiscal year to become part of unappropriated balance - When special appropriation to lapse
Status: in_force

40-40-21. Balance at end of fiscal year to become part of unappropriated balance -

When special appropriation to lapse.

At the end of the fiscal year, the balance to the credit of each annual appropriation becomes

a part of the general unappropriated balance in the municipal treasury, except that the unused

balance to the credit of the equipment replacement fund provided for in section 40-40-05 does

not become a part of the general unappropriated balance in the municipal treasury, but no

special appropriation lapses until the work for which it was made has been completed, the bills

paid, and the accounts closed. The governing body of a city may elect, at the end of the fiscal

year, to carry over the unencumbered cash balance in the general fund or other budgeted funds

and designate the balances for subsequent years.
N.D. Cent. Code § 40-47-10 — ND Code / Title 40 / Chapter 40-47 / Section 40-47-10
40-47-10. Effect of appeal to board of adjustment - Restraining order
Status: in_force

40-47-10. Effect of appeal to board of adjustment - Restraining order

An appeal to the board of adjustment stays all proceedings in furtherance of the action

appealed from unless the officer from whom the appeal is taken certifies to the board of

adjustment after the notice of appeal shall have been filed with the officer that by reason of facts

stated in the certificate a stay, in the officer's opinion, would cause imminent peril to life or

property. In such a case, proceedings shall not be stayed except by a restraining order which

may be granted by the board of adjustment or by a court of record on application and on due

cause shown after notice to the officer from whom the appeal is taken.
N.D. Cent. Code § 40-58-07 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-07
40-58-07. Powers
Status: in_force

40-58-07. Powers

A municipality has all the powers necessary or convenient to carry out and effectuate the

purposes and provisions of this chapter, including the power:

1. To authorize or undertake and carry out development or renewal projects within its

area of operation; to make and execute contracts and other instruments necessary or

convenient to the exercise of its powers under this chapter; and to disseminate

industrial or commercial development, slum clearance, and urban renewal information.

2. To provide, arrange, or contract for the furnishing or repair by any person or agency,

public or private, of services, privileges, works, streets, roads, public utilities, or other

facilities for or in connection with a development or renewal project; to install,

construct, and reconstruct streets, utilities, parks, playgrounds, and other public

improvements; and to agree to any conditions that it may deem reasonable and

appropriate attached to federal financial assistance and imposed pursuant to federal

law relating to the determination of prevailing salaries or wages or compliance with

labor standards, in the undertaking or carrying out of a development or renewal

project, and to include in any contract let in connection with the project, provisions to

fulfill those conditions as it may deem reasonable and appropriate.

3. Within its area of operation, to enter upon any building or property in any development

or renewal area in order to make surveys, appraisals, soundings, or test borings, and

to obtain an order for this purpose from a court of competent jurisdiction in the event

entry is denied or resisted; to acquire by purchase, lease, option, gift, grant, bequest,

devise, or otherwise, any real property or personal property for its administrative

purposes together with any property improvements; to hold, improve, clear, or prepare

for development or redevelopment any such property; to mortgage, pledge,

hypothecate, or otherwise encumber or dispose of any real property; to insure or

provide for the insurance of any real or personal property or operations of the

municipality against any risks or hazards, including the power to pay premiums for the

insurance; and to enter into any contracts necessary to effectuate the purposes of this

chapter; provided, however, that no statutory provision with respect to the acquisition,

clearance, or disposition of property by public bodies restricts a municipality or other

public body exercising powers under this subsection, in the exercise of those functions

with respect to a development or renewal project, unless the legislative assembly shall

specifically so state.

4. To invest development or renewal project funds held in reserves or sinking funds, or

any of those funds not required for immediate disbursement, in property or securities

in which savings banks may legally invest funds subject to their control; to redeem

bonds issued pursuant to section 40-58-10 at the established redemption price or to

purchase bonds at less than redemption price, all bonds so redeemed or purchased to

be canceled.

5. To borrow money and to apply for and accept advances, loans, grants, contributions,

and any other form of financial assistance from the federal government, the state,

county, or other public body, or from any sources, public or private, for the purposes of

this chapter, and to give such security as may be required and to enter into and carry

out contracts in connection therewith. A municipality may include in any contract for

financial assistance with the federal government for a development or renewal project

any conditions imposed pursuant to federal law as the municipality may deem

reasonable and appropriate and which are not inconsistent with the purposes of this

chapter.

6. Within its area of operation, to make or cause to have made all plans necessary to the

carrying out of the purposes of this chapter and to contract with any person, public or

private, in making and carrying out those plans and to adopt or approve, modify, and

amend those plans. The plans may include:

a. A general plan for the locality as a whole.

b. Development or renewal plans.

c. Plans for carrying out a program of voluntary or compulsory repair and

rehabilitation of buildings and improvements.

d. Plans for the enforcement of state and local laws, codes, and regulations relating

to the use of land and the use and occupancy of buildings and improvements and

to the compulsory repair, rehabilitation, demolition, or removal of buildings and

improvements.

e. Appraisals, title searches, surveys, studies, and other preliminary plans and work

necessary to prepare for the undertaking of development or renewal projects. The

municipality may develop, test, and report methods and techniques, and carry out

demonstrations and other activities, for the prevention and the elimination of

slums and urban blight, and to apply for, accept, and utilize grants of funds from

the federal government for such purposes.

7. To prepare plans and provide reasonable assistance for the relocation of families

displaced from a development or renewal area.

8. To appropriate funds and make expenditures that are necessary to carry out the

purposes of this chapter, and to levy taxes within the limitations of the capital

improvements fund under section 57-15-38 and to levy assessments for those

purposes; to close, vacate, plan, or replan streets, roads, sidewalks, ways, or other

places; to plan or replan or zone or rezone any part of the municipality or make

exceptions from building regulations; and to enter into agreements with a housing

authority or an urban renewal agency vested with urban renewal project powers under

section 40-58-15, which agreements may extend over any period, notwithstanding any

provision or rule of law to the contrary, respecting action to be taken by the

municipality pursuant to any of the powers granted by this chapter.

9. Within its area of operation, to organize, coordinate, and direct the administration of

this chapter as those provisions apply to the municipality in order that the objectives of

remedying slum and blighted areas and preventing the causes of those areas and

facilitating the development of industrial or commercial properties within the

municipality may be most effectively promoted and achieved, and to establish new

offices of the municipality or to reorganize existing offices in order to carry out that

purpose most effectively.

10. To exercise all or any part or combination of the powers granted by this section.
N.D. Cent. Code § 40-05-02 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-02
40-05-02. Additional powers of city council and board of city commissioners
Status: in_force

40-05-02. Additional powers of city council and board of city commissioners

The city council in a city operating under the council form of government and the board of

city commissioners in a city operating under the commission system of government, in addition

to the powers possessed by all municipalities, shall have power:

1. Street railway and railway tracks. To permit, regulate, or prohibit the locating,

constructing, or laying of railway or street railway tracks in any street, alley, or public

place, and any permission given to a street railway may not be for a longer period than

fifty years.

2. Sale of milk. To license the sale of milk.

3. Lumber, wood, coal, hay, and merchandise - Municipal scales. To regulate the

inspecting, weighing, and measuring of lumber, firewood, coal, hay, and other articles

of merchandise; establish or purchase one or more city scales and to require dealers

in hay, coal, firewood, or any other commodity, which, in the judgment of the governing

body, should be weighed upon the city scales, to use such scales in the sale of such

commodity; and charge a reasonable fee for the use of such scales.

4. Fences and party walls. To regulate partition fences and party walls.

5. Jail, house of correction, workhouse. To establish, maintain, and regulate a city jail,

house of correction, and workhouse for the confinement and reformation of disorderly

persons convicted of violating any city ordinance and to appoint necessary jailers and

keepers.

6. Building permits. To provide by ordinance and to fix the fees for the issuance of

building permits.

7. Building construction - Fire escapes. To prescribe the manner of constructing

buildings, structures, and the walls thereof, require and regulate the construction of fire

escapes on buildings, and provide for the inspection of all buildings within the limits of

the municipality and for the appointment of a building inspector.

8. Bridges, viaducts, tunnels, and overhead pedestrian bridges. To construct, keep in

repair, and regulate the use of bridges, viaducts, overhead pedestrian bridges, and

tunnels.

9. Police. To regulate the police of the municipality and to pass and enforce all necessary

police ordinances.

10. Hospitals and medical dispensaries. To establish, control, and regulate hospitals and

medical dispensaries.

11. Census. To provide for the taking of a census of the city, but no city census may be

taken more often than once in every three years.

12. Redistricting city. To redistrict the city into wards and to prescribe the boundaries

thereof.

13. Zoning. To adopt a zoning ordinance as provided in this title; regulate the location of

junk shops, coalyards, garages, machine shops, power laundries, hospitals, and

undertaking establishments; and establish building lines fixing the distance from the

property line at which buildings may be erected.

14. Traffic regulation. To regulate, control, or restrict within designated zones, or

congested traffic districts, except that the speed limit for vehicles on those streets

designated as part of any state highway must be as determined by mutual agreement

with the director of the department of transportation, the use of streets, alleys, or other

public ways by various classes of traffic.

15. Driving while intoxicated. To prohibit by ordinance the operation of any motor vehicle or

other conveyance upon the streets, alleys, or other public or private areas to which the

public has a right of access for vehicular use within the city by any person under the

influence of intoxicating liquor or a controlled substance.

16. Tourist camps. To license, regulate, and fix the location of any public or private tourist

camp within the city.

17. Water supply. To withdraw from any stream, watercourse, or body of water within or

without a city, or within or without, or bordering upon, this state, a supply of water

reasonably sufficient for the needs of the inhabitants of the city, and to supply the

facilities for the storage of water for all other necessary municipal purposes.

18. Dams for municipal water purposes. To erect dams upon or across streams,

watercourses, or bodies of water within or without, or bordering upon, the boundaries

of this state, and to improve, alter, or protect the bed, banks, or course thereof.

19. Water supply - Acquire necessary property. To acquire by gift, grant, lease, easement,

purchase, or, subject to chapter 32-15, by eminent domain, and to own, operate,

maintain, and improve, all lands, structures, power plants, public works, and personal

property, whether within or without this state, necessary for the maintenance and

conservation of its water supply.

20. Abandoned or unclaimed personal property. To provide by ordinance for the taking,

storage, and disposal of any personal property abandoned or left unclaimed upon the

streets, alleys, or other public ways of the city for a period exceeding ten days, and,

after holding such property for a period of not less than sixty days, to sell the same at

public sale after a notice published or posted at least ten days before the sale, and at

such place, and in such manner as may be provided by ordinance. Upon the sale of

the property, the city shall convey to the purchaser a merchantable title by a bill of

sale. At any time within six months after the sale, the owner of the property, upon

written application, is entitled to receive the proceeds of the sale from the city, less the

necessary expense of taking, storing, and selling the property. The owner of the

property may reclaim it at any time prior to the sale upon payment of the necessary

expense of taking and storing.

21. Auditoriums and public buildings. To take charge of a fully completed auditorium or

other property originally purchased or acquired for public use by public subscription,

donation, sale of stock, or otherwise, if such auditorium or other property has been

abandoned or lost by the original owner or owners, their successors or assigns, and to

operate, maintain, repair, and keep such property for public use. In the ownership,

management, use, or operation thereof, the city must be deemed to be exercising a

governmental function.

22. Dogs. To license dogs, and to regulate the keeping of dogs, including authorization for

their disposition or destruction in order to protect the health, safety, and general

welfare of the public provided, however, that license fees are waived in the case of an

assistance dog.

23. Substandard buildings or structures. The governing body of any city shall have the

authority to provide by ordinance for the demolition, repair, or removal of any building

or structure located within the limits of such city or other territory under its jurisdiction,

which creates a fire hazard, is dangerous to the safety of the occupants or persons

frequenting such premises, or is permitted by the owner to remain in a dilapidated

condition. Any such ordinance must provide for written notice to the owner of a hearing

by the governing body before final action is taken by such body. It must also provide a

reasonable time within which an appeal may be taken by the owner from any final

order entered by such governing body to a court of competent jurisdiction. The amount

of the cost of any demolition, repair, or removal of a building or structure constitutes a

lien against the real property from which the cost was incurred and the lien may be

foreclosed in judicial proceedings in the manner provided by law for loans secured by

liens on real property. If this amount is not adequate to cover the cost of demolition,

repair, or removal, the city has a lien for the amount of the additional costs on all real

property owned, or later acquired, by the owner in the city. If the city provides the

amount of the lien and the name of the owner, the county auditor shall enter on the tax

list the amount of the additional cost as a tax lien. The tax lien is enforceable by the

city in the same manner as a tax lien by a county. This subsection in no way limits or

restricts any authority which is now or may hereafter be vested in the state fire marshal

for the regulation or control of such buildings or structures.

24. Assault and battery. To prohibit by ordinance and prescribe the punishment for the

commission of assault and battery within the jurisdiction of the city.

25. Theft. To prohibit by ordinance and prescribe the punishment for the commission of

theft, as defined by chapter 12.1-23, within the jurisdiction of the city.

26. Peace bonds. To provide by ordinance for the issuance of peace bonds by the

municipal judge in accordance with the procedure in chapter 29-02.

27. Public transportation. To provide by ordinance for the purchase, acquisition, or

establishment, and operation of a public transportation system. In the alternative, to

provide for payments under a contract, approved by the governing body of the city,

with a private contractor, for the provision and operation of a public transportation

system within the city.

28. Traffic violation hearings. To enact an ordinance equivalent to section 39-06.1-04;

provided, that the penalty assessed may not exceed that authorized by section

40-05-06.

29. Marijuana possession. To prohibit by ordinance any person, except a person operating

a motor vehicle, from possessing not more than one ounce [28.35 grams] of

marijuana, as defined by section 19-03.1-01, within the jurisdiction of a city, and to

prescribe the punishment, provided the penalty assessed is subject to subsection 9 of

section 19-03.1-23.

30. Establishment of administrative boards. To establish administrative boards or

committees for the limited purpose of adjudicating a violation of a noncriminal city

ordinance or noncriminal city code. An administrative board or committee may impose

fines or other noncriminal penalties, including issuing orders of suspension and

revocation of a permit or license. A decision by an administrative board or committee is

subject to appeal to the governing body of the municipality.
N.D. Cent. Code § 40-33.3-06 — ND Code / Title 40 / Chapter 40-33.3 / Section 40-33.3-06
40-33.3-06. Powers of authority
Status: in_force

40-33.3-06. Powers of authority

A municipal pipeline authority is a municipal corporation and a political subdivision of the

state and has all of the powers provided by this section. The representatives of the member

cities, as the board of directors of the authority, shall exercise the powers of the authority unless

otherwise provided by the agreement. An authority:

1. May plan, acquire, construct, reconstruct, operate, maintain, repair, extend, or improve

one or more facilities for the transmission or distribution of liquids or of natural or

synthetic gas or may acquire any interest in or any right to capacity of a project and

may act as agent or designate one or more of the other persons participating in a

project to act as its agent, in connection with the planning, acquisition, construction,

reconstruction, operation, maintenance, repair, extension, or improvement of the

project.

2. May cooperate with other persons in the development of sources and supplies of

liquids or of natural or synthetic gas.

3. May apply to any public agency for consents, authorizations, or approvals required for

any project within its powers and take all actions necessary to comply with the

conditions thereof.

4. May acquire, own, hire, use, operate, lease as lessor or lessee, and dispose of

property and interests in property, and make improvements to property.

5. May acquire all property that it deems necessary for carrying out the purposes of this

chapter, whether in fee simple absolute or a lesser interest, by condemnation and the

exercise of the power of eminent domain in accordance with chapter 32-15. A

municipal pipeline authority may not exercise the power of eminent domain with

respect to any property owned by any person as part of a system, whether existing,

under construction, or being planned, of facilities for the transmission or distribution of

liquids or of natural or synthetic gas.

6. May establish, levy, and collect or may authorize, by contract, franchise, lease, or

otherwise, the establishment, levying, or collection of, rents, rates, and other charges

for the services afforded by the authority and the use of any property or facility owned

or controlled by the authority.

7. May contract with any person for the construction of any project or for the sale,

transmission, or distribution of liquids or of natural or synthetic gas by any project, or

for any interest therein or any right to capacity thereof, upon such terms as the

authority determines. If a payment bond is secured as provided in chapter 48-01.2, no

lien may be filed under chapter 35-27.

8. May purchase, sell, exchange, or transmit liquids or natural or synthetic gas within and

outside the state and within or outside the United States, in such amounts as it

determines to be necessary and appropriate to make the most effective use of its

powers and to meet its responsibilities, and may enter into agreements with any

person with respect to that purchase, sale, exchange, or transmission, on such terms

and for such period of time as the board of directors determines.

9. May mortgage, pledge, and grant a security interest in any or all of its property or

revenues to secure the repayment of moneys loaned to it or advanced to it by the

public finance authority as the result of a bond issue under chapter 6-09.4.

10. May procure insurance against any losses in connection with its property, operations,

or assets in such amounts and from such insurers as it deems desirable.

11. May acquire, hold, use, and dispose of income, revenues, funds, and money.

12. Subject to any agreement, may invest money not required for immediate use, including

proceeds from the sale of any bonds, in such obligations, securities, and other

investments as the authority deems prudent, notwithstanding the provisions of any

other law relating to the investment of public funds.

13. May contract for and accept any gifts or grants or loans of funds or property or

financial or other aid in any form from any person, and may comply, subject to this

chapter, with the terms and conditions thereof.

14. Shall pay to each taxing authority within whose taxing jurisdiction its property is

situated, in lieu of taxes on its property, the amount of the taxes which would be

payable if its property were owned by a private person. For this purpose, the property

of a municipal pipeline authority is to be valued in the same manner and by the same

procedure as the property of private utility companies.

15. May sue and be sued, complain, and defend in its name.

16. May perform any act authorized by this chapter through or by means of its officers,

agents, or employees or by contract with any person.

17. May issue revenue bonds, in anticipation of the collection of revenues from a facility

authorized by this chapter, to finance the planning, acquisition, construction,

reconstruction, operation, maintenance, repair, extension, or improvement of a facility.

Such bonds shall be payable in not more than thirty years from the date of issuance.

The authority shall determine the denomination, date, time, and manner of payment of

the bonds.
N.D. Cent. Code § 40-57-03 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-03
40-57-03. Powers of municipality
Status: in_force

40-57-03. Powers of municipality

Any municipality, in addition to the powers prescribed elsewhere by the laws of this state,

shall have the power to:

1. Acquire whether by purchase, lease, or gift, from any source whatsoever, any real

property, buildings, improvements on real property or buildings, including easements,

profits, rights in land and water rights deemed necessary in connection therewith, and

to construct, reconstruct, improve, better, or extend to real property, buildings, and

improvements on real property and buildings of any project which shall be located

within this state; provided, that the property acquired for the project shall be located

wholly within the boundaries of the municipality acquiring it unless a contract or

agreement between that municipality and any other municipality in which part or all of

the property is located is entered into as authorized by subsection 8.

2. Issue revenue bonds, in anticipation of the collection of revenues of the project, to

finance, in whole or in part, the cost of the project, whether then in existence or not.

3. Lease projects to any industrial or commercial enterprise or nonprofit corporation or to

any school district for career and technical education purposes, in such manner that

rents to be charged for the use of such projects shall be fixed, and revised from time to

time as necessary, so as to produce income and revenue sufficient to provide for the

prompt payment of interest upon all bonds issued hereunder, to create a sinking fund

to pay the principal of such bonds when due, and to provide for the operation,

maintenance, insurance on, and depreciation of such projects, and any taxes thereon.

4. With respect to any project, enter into revenue agreements providing for the

municipality to loan the proceeds derived from the issuance of bonds pursuant to this

chapter to the contracting party to be used to pay costs of the project and providing for

the repayment of the loan by the contracting party, and which may provide for such

loans or bonds to be secured by a mortgage on and security in the project or such

other security as may be determined by the municipality, whether delivered or granted

to the municipality, the holder or holders of said bonds, a trustee therefor or otherwise.

5. Pledge to the punctual payment of said bonds and the interest thereof, all or any part

of the revenues of such project, including the revenues of projects which shall be

acquired or constructed subsequent to the issuance of such bonds, as well as

revenues of projects existing when such bonds were issued.

6. Mortgage or otherwise encumber said projects in favor of the holder, or holders, of

said revenue bonds, or a trustee therefor; provided, that in creating any such

mortgages or encumbrances, a municipality shall not have the power to obligate itself

except with respect to the project.

7. Make all contracts, execute all instruments, and do all things necessary or convenient

in the exercise of the powers herein granted, or in the performance of its covenants or

duties, or in order to secure the payments of its bonds.

8. Enter into and perform such contracts and agreements with other municipalities,

political subdivisions, and state agencies, authorities, and institutions as the respective

governing bodies of the same may deem proper and feasible for or concerning the

planning, construction, lease, or other acquisition, and the financing of such facilities,

and the maintenance thereof. Any such municipalities so contracting with each other

may also provide in their contract or agreement for a board, commission, or such other

body as their governing bodies may deem proper for the supervision and general

management of the facilities of the project.

9. Accept from any authorized agency of the federal government loans or grants for the

planning, construction, acquisition, leasing, or other provision of any project, and to

enter into agreements with such agency respecting such loans or grants.

10. Sell and convey all properties acquired in connection with such projects, including

without limitation the sale and conveyance thereof subject to such mortgage as herein

provided, and the sale and conveyance thereof to the lessee under an option granted

in the lease of the project, for such price and at such time as the governing body of the

municipality may determine; provided, however, that no sale or conveyance of such

properties shall ever be made in such manner as to impair the rights or interests of the

holder, or holders, of any bonds issued under the authority of this chapter.

11. Issue revenue bonds to refund, in whole or in part, bonds previously issued under this

chapter.

12. If the project financed by the municipality consists of the construction, reconstruction,

improvement, or betterment of real property, buildings and improvements on real

property, and buildings, the provisions of chapter 48-01.2 and other applicable statutes

shall apply; except that the municipality, in the revenue agreement and resolution or

mortgage defining the terms and conditions upon which the project is to be

constructed and financed, or in a preliminary agreement establishing the general terms

of the revenue agreement and financing of the project when constructed, may permit a

contracting party which is not a governmental entity or a public institution, subject to

such terms and conditions as the municipality shall find necessary or desirable and

proper, to provide for the construction, acquisition, and installation of the buildings,

improvements, and equipment to be included in the project by any means available to

the contracting party, whether or not the procedure followed by the contracting party is

in conformity with said chapter 48-01.2.

No municipality may operate any project referred to in this chapter as a business or in any

manner whatsoever, except as the lessor, contract vendor, secured party, or lender thereof. No

debt on the general credit of the municipality may be incurred in any manner for any purpose

under this chapter. No municipality may pay out of its general fund for, or otherwise contribute to

the cost of, construction of a project.
N.D. Cent. Code § 40-45-13 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-13
40-45-13. Payments to surviving spouse, children, and surviving parents upon death of active or retired member
Status: in_force

40-45-13. Payments to surviving spouse, children, and surviving parents upon death

of active or retired member.

Upon the death of any active or retired member of the police department of a city

maintaining a police pension fund under this chapter, leaving a surviving spouse or minor

children or dependent father or mother surviving the deceased member, there shall be paid out

of the fund subject to the restrictions contained in section 40-45-14, as follows:

1. To the surviving spouse, as long as the surviving spouse remains unmarried, a sum

not less than fifty dollars per month and not more than sixty percent of the deceased

spouse's police retirement benefits.

2. If there is no surviving spouse, or upon the death or remarriage of the surviving

spouse, then to the deceased member's dependent father or mother, if both survive, or

to either dependent parent if one survives, the sum of forty dollars per month.

3. To the guardian of each surviving child under eighteen years of age, a sum not less

than twenty-five dollars per month and not more than fifty dollars per month.

The aggregate of all such payments shall not exceed sixty percent of the average monthly

salary received during the highest paid consecutive thirty-six-month period of the deceased

member's employment prior to the time of the deceased member's death or retirement.
N.D. Cent. Code § 40-05.1-11 — ND Code / Title 40 / Chapter 40-05.1 / Section 40-05.1-11
40-05.1-11. Effect of amendment or repeal on salary or term of office
Status: in_force

40-05.1-11. Effect of amendment or repeal on salary or term of office

Repeal of a home rule charter shall cause the city affected by such repeal to revert to the

form of government of such city immediately preceding adoption of the home rule charter and

when positions to which officials were elected under the home rule charter are substantially the

same as positions under the form of government to which the city reverts upon repeal, such

elected officials shall continue to exercise the authority of such position for the salary prescribed

by the home rule charter until expiration of their terms of office as prescribed by the home rule

charter. No amendment of a home rule charter shall shorten the term for which any official was

elected or reduce the salary of the official's office for that term.
N.D. Cent. Code § 40-46-11 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-11
40-46-11. Period of service spent in armed forces included as service to city
Status: in_force

40-46-11. Period of service spent in armed forces included as service to city

Any employee of a city having an employees' pension fund who resigns therefrom or who

has been granted or shall be granted a leave of absence to serve in the armed forces of the

United States or armed forces reserve thereof, or who shall have been selected for training

under the selective service provisions of the laws of the United States, and who has returned to

the employ of the city with an honorable discharge from, or other documents showing honorable

service in, such service, shall have the period of such service included as part of the employee's

period of service to such city.
N.D. Cent. Code § 40-24-20 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-20
40-24-20. Contents of warrants
Status: in_force

40-24-20. Contents of warrants

Improvement warrants shall state upon their face for what purpose they were issued and

the fund from which they are payable and shall be signed by the executive officer and

countersigned by the city auditor under the seal of the municipality.
N.D. Cent. Code § 40-05-14 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-14
40-05-14. Agreements for construction and maintenance of streets between municipalities and counties
Status: in_force

40-05-14. Agreements for construction and maintenance of streets between

municipalities and counties.

The governing body of any municipality of ten thousand population or less and the boards of

county commissioners of the several counties may enter into agreements for the construction

and maintenance of streets within such municipalities by the boards of county commissioners.

Said municipalities shall pay, on a reimbursable basis, such sums as are agreed upon.
N.D. Cent. Code § 40-38.1-05 — ND Code / Title 40 / Chapter 40-38.1 / Section 40-38.1-05
40-38.1-05. Board of directors may purchase, build, or lease building for offices - Municipal arts council office fund - Public hearing required
Status: in_force

40-38.1-05. Board of directors may purchase, build, or lease building for offices -

Municipal arts council office fund - Public hearing required.

The municipal arts council, with the approval of the city governing body, may build, lease,

lease-purchase, or purchase office space for the municipal arts council and purchase a site

therefor. Such lease, purchase, or contract shall not be valid without the approval of the

governing body of the city. Prior to any actions on such proposals, the governing body shall hold

a public hearing on the proposals. Notice of the hearing shall be published at least once, not

less than six days prior to the hearing, in a newspaper of general circulation within the city. The

governing body shall seek the advice and comment of the general public at the hearing. After

such hearing, the governing body of a city may establish by resolution a municipal arts council

building fund for the purpose of construction, enlargement, or alteration of a building or for the

purchase of an existing building to be used for offices for the municipal arts council. The city

auditor shall place in the building fund all moneys for such purposes as may be appropriated by

the governing body or received for such purposes from federal, state, county, city, or private

sources. The building fund shall not revert to the general fund of the city without authorization by

formal resolution from both the municipal arts council and the governing body of the city.
N.D. Cent. Code § 40-10-05 — ND Code / Title 40 / Chapter 40-10 / Section 40-10-05
40-10-05. Powers of governing body
Status: in_force

40-10-05. Powers of governing body

The governing body shall have in addition to other powers granted by law the following

powers:

1. It may inquire into the conduct of any office, department, or agency of the city.

2. It may by ordinance establish, change, and abolish offices, departments, and

agencies, other than those required by law, and may add to or take away from the

duties of the various offices, departments, and agencies.
N.D. Cent. Code § 40-01.1-04 — ND Code / Title 40 / Chapter 40-01.1 / Section 40-01.1-04
40-01.1-04. Advisory recommendations
Status: in_force

40-01.1-04. Advisory recommendations

A local or cooperative advisory study committee established for one or more political

subdivisions may recommend that a local governing body or the electors pursue any course of

action permitted by law or home rule charter for that political subdivision. The committee may

recommend:

1. With respect to a county:

a. Execution of a joint powers agreement between the county and one or more other

political subdivisions or the state for the cooperative or joint administration of any

service or function pursuant to chapter 54-40.3 or as otherwise specifically

provided by law, or an agreement between the county and a tribal government

pursuant to chapter 54-40.2.

b. Exercise of the county's general authority to contract pursuant to section 11-10-01

and any other law, including service agreements with public or private parties

under the terms and conditions of the agreements.

c. Combination or separation of any elective or appointive county office and

corresponding functions, or redesignation of any county office as elective or

appointive, pursuant to chapter 11-10.2.

d. Change in the number of county commissioners pursuant to chapter 11-12.

e. Establishment of a county home rule charter commission for initiating the

adoption of a home rule charter or the amendment or repeal of a home rule

charter pursuant to chapter 11-09.1, or the adoption, amendment, or repeal of

ordinances for implementing a home rule charter. The recommendation may

include a specific nonbinding proposal or draft for a home rule charter or

amendment to a home rule charter.

f. Adoption of the consolidated office form of county government pursuant to

g. Adoption of the county manager form of county government pursuant to chapter

11-09.

h. Use of other statutory tools relating to social and economic development, land

use, transportation and roads, health, law enforcement, administrative and fiscal

services, recording and registration services, educational services, environmental

quality, water, sewer, solid waste, flood relief, parks and open spaces, hospitals,

public buildings, or other county functions or services, including creation of

cooperative county job development authorities pursuant to section 11-11.1-03,

multicounty health units pursuant to chapter 23-35, regional planning and zoning

commissions pursuant to section 11-35-01, boards of joint county park districts

pursuant to chapter 11-28 or a combination of boards of park commissioners with

a city pursuant to chapter 40-49.1, or human service zones pursuant to chapter

50-01.1.

i. Participation in a community or leadership development, assessment, education,

planning, or training program offered by any public or private agency, institution,

or organization.

j. Sharing of elective or appointive county officers with other counties, cities, or

other political subdivisions pursuant to chapter 11-10.3.

k. Initiation of the multicounty home rule charter process or the amendment or

repeal of a multicounty home rule charter pursuant to section 11-09.1-04.1, or the

adoption, amendment, or repeal of ordinances to implement the charter. The

recommendation may include a specific nonbinding proposal or draft for a

multicounty home rule charter.

l. Initiation of the county-city home rule process or the amendment or repeal of a

county-city home rule charter pursuant to chapter 54-40.4, or the adoption,

amendment, or repeal of ordinances to implement the charter. The

recommendation may include a specific nonbinding proposal or draft for a

county-city home rule charter.

m. Transfer of a power or function of another political subdivision to the county

pursuant to chapter 54-40.5.

n. Creation of a county consolidation committee pursuant to chapter 11-05.1.

o. That any other action be taken that is permitted by law.

p. That no action be taken.

2. With respect to a city:

a. Execution of a joint powers agreement between the city and one or more other

political subdivisions or the state for the cooperative or joint administration of any

service or function pursuant to chapter 54-40.3 or as otherwise specifically

provided by law, or an agreement between the city and a tribal government

pursuant to chapter 54-40.2.

b. Exercise of the city's general authority to contract pursuant to section 40-05-01

and any other law, including service agreements with public or private parties

under the terms and conditions of the agreements.

c. Combination of city officers pursuant to section 40-14-04 or 40-15-05 or the

sharing of officers with other cities, counties, or other political subdivisions

pursuant to chapter 11-10.3.

d. An increase or decrease in the number of members of the governing body of a

city pursuant to section 40-06-09.

e. Establishment of a city home rule charter commission for initiating the adoption of

a home rule charter or the amendment or repeal of a home rule charter pursuant

to chapter 40-05.1, or the adoption, amendment, or repeal of ordinances for

implementing a home rule charter. The recommendation may include a specific

nonbinding proposal or draft for a city home rule charter or amendment to a home

rule charter.

f. Adoption of the commission form of city government pursuant to chapter 40-04.

g. Adoption of the modern council form of city government pursuant to chapter

40-04.1.

h. Adoption of the city manager plan pursuant to chapter 40-10.

i. Sharing an appointive city officer and function with another city, the county, or

another political subdivision pursuant to chapter 11-10.3.

j. Initiation of the multicity home rule process or the amendment or repeal of a

multicity home rule charter pursuant to section 40-05.1-05.1, or the adoption,

amendment, or repeal of ordinances to implement the charter. The

recommendation may include a specific nonbinding proposal or draft for a

multicity home rule charter.

k. Initiation of the county-city home rule process or the amendment or repeal of a

county-city home rule charter pursuant to chapter 54-40.4, or the adoption,

amendment, or repeal of ordinances to implement the charter. The

recommendation may include a specific nonbinding proposal or draft for a

county-city home rule charter.

l. Participation in a community or leadership development, assessment, education,

planning, or training program offered by any public or private agency, institution,

or organization.

m. Use of other statutory tools for social and economic development, land use,

transportation, health, fire and police protection, street construction and

maintenance, assessment, financing, accounting, legal, environmental quality,

water, sewer, solid waste, flood relief, parks and open spaces, hospitals, public

buildings, or other city functions or services, including the creation of cooperative

city job development authorities pursuant to section 40-57.4-03.

n. Transfer of a power or function of the city to the county pursuant to chapter

54-40.5.

o. Consolidation of cities pursuant to chapter 40-53.2.

p. Dissolution of a city pursuant to chapter 40-53.1.

q. That any other action be taken that is permitted by law.

r. That no action be taken.

3. With respect to a township:

a. Execution of a joint powers agreement between the township and one or more

other political subdivisions or the state for the cooperative or joint administration

of any service or function pursuant to chapter 54-40.3 or as otherwise specifically

provided by law, or an agreement between the township and a tribal government

pursuant to chapter 54-40.2.

b. Exercise of the township's general authority to contract pursuant to section

58-03-01 and any other law, including service agreements with public or private

parties under the terms and conditions of the agreements.

c. Participation in a community or leadership development, assessment, education,

planning, or training program offered by any public or private agency, institution,

or organization.

d. Combination of the offices of township clerk and treasurer pursuant to section

58-05-02 or the sharing of officers with other townships or other political

subdivisions pursuant to chapter 11-10.3.

e. An increase in the number of board of township supervisors from three to five

pursuant to section 58-04-02.1.

f. Contract with the county, another political subdivision, or any individual for

assessor services pursuant to section 58-05-02.

g. Consolidation of boards of township officers pursuant to chapter 58-05.1.

h. Transfer of a power or function of the township to the county pursuant to chapter

54-40.5.

i. Creation of an organized civil township pursuant to chapter 58-02.

j. Division or annexation of a township pursuant to chapter 58-02.

k. Dissolution of the township pursuant to chapter 58-02.

l. That any other action be taken that is permitted by law.

m. That no action be taken.

4. With respect to a city park district:

a. Execution of a joint powers agreement between the city park district and one or

more other political subdivisions or the state for the cooperative or joint

administration of any service or function pursuant to chapter 54-40.3 or as

otherwise specifically provided by law, or an agreement between the city park

district and a tribal government pursuant to chapter 54-40.2.

b. Exercise of the city park district's general authority to contract pursuant to section

40-49-04 and any other law, including service agreements with public or private

parties under the terms and conditions of the agreements.

c. Participation in a community or leadership development, assessment, education,

planning, or training program offered by any public or private agency, institution,

or organization.

d. An increase or decrease in the number of board members pursuant to sections

40-49-07.1 and 40-49-07.2.

e. Transfer of a power or function of the city park district to the county pursuant to

f. Combination of the city board of park commissioners with other city or county

boards of park commissioners pursuant to chapter 40-49.1.

g. Sharing of officers with other city park districts or other political subdivisions

pursuant to chapter 11-10.3.

h. Dissolution of the city park district pursuant to sections 40-49-07.1 and

40-49-07.2.

i. That any other action be taken that is permitted by law.

j. That no action be taken.

5. With respect to a school district:

a. Execution of a joint powers agreement between the school district and one or

more other political subdivisions or the state for the cooperative or joint

administration of any service or function pursuant to chapter 54-40.3 or as

otherwise specifically provided by law, including the exercise of the general

powers to make contract for joint educational endeavors, or an agreement

between the school district and a tribal government pursuant to chapter 54-40.2.

b. Participation in a community or leadership development, assessment, education,

planning, or training program offered by any public or private agency, institution,

or organization.

c. An increase or decrease in the number of school board members pursuant to

section 15.1-09-01.

d. Sharing of officers with other school districts or other political subdivisions

pursuant to chapter 11-10.3.

e. School district annexation or reorganization.

f. Transfer of a power or function of the school district to the county pursuant to

g. That any other action be taken that is permitted by law.

h. That no action be taken.

6. With respect to other political subdivisions, including rural ambulance service districts,

rural fire protection districts, irrigation districts, hospital districts, soil conservation

districts, and recreation service districts:

a. Execution of a joint powers agreement between the political subdivision and one

or more other political subdivisions or the state for the cooperative or joint

administration of any service or function pursuant to chapter 54-40.3 or as

otherwise specifically provided by law, or an agreement between the political

subdivisions and a tribal government pursuant to chapter 54-40.2.

b. Participation in a community or leadership development, assessment, education,

planning, or training program offered by any public or private agency, institution,

or organization.

c. Sharing of officers with other political subdivisions pursuant to chapter 11-10.3.

d. Transfer of a power or function of the political subdivision to the county pursuant

to chapter 54-40.5.

e. That any other action be taken that is permitted by law.

f. That no action be taken.
N.D. Cent. Code § 40-22.1-12 — ND Code / Title 40 / Chapter 40-22.1 / Section 40-22.1-12
40-22.1-12. City auditor to keep complete record of improvements - Record as evidence
Status: in_force

40-22.1-12. City auditor to keep complete record of improvements - Record as

evidence.

The city auditor shall keep a complete record of all the proceedings in the matter of making

any improvements under this chapter. The records must include all reports and confirmations,

all petitions, orders, appointments of commissioners, notices and proofs of publication, and

resolutions of the governing body. The records, a certified transcript of the records, or the

original papers, proofs, publications, orders, or resolutions on file in the auditor's office may be

admitted in evidence in any court or place in this state without further proof as evidence of the

facts they contain.