N.D. Cent. Code § 40-36-05 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-05
40-36-05. Provisions governing issuance of refunding bonds
Status: in_force

40-36-05. Provisions governing issuance of refunding bonds

The resolution of the governing body authorizing the issuance of refunding bonds may

provide:

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

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

3. The time or times, not exceeding the period of usefulness of the enterprise as

determined by the governing body in its discretion but not exceeding in any event forty

years from their respective dates, when such bonds shall mature;

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

5. The denomination or denominations in which such bonds shall be issued;

6. The form, either coupon or registered, in which such bonds shall be issued;

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

such privileges, if any, shall be;

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

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

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

11. The terms of redemption, if any, to which such bonds shall be subject, and the

premium, if any, which will be paid in case of a redemption;

12. That such bonds may be declared or may become due before the maturity date

thereof;

13. For the replacement of mutilated, destroyed, stolen, or lost bonds;

14. For the authentication of such bonds and the conditions, if any, to be complied with

before authentication thereof; and

15. Such other terms and covenants, if any, which such bonds shall contain.

Notwithstanding the form or tenor of such bonds, and in the absence of an express recital on

the face thereof that the bond is non-negotiable, all refunding bonds shall be treated as

negotiable instruments for all purposes.
N.D. Cent. Code § 40-28-10 — ND Code / Title 40 / Chapter 40-28 / Section 40-28-10
40-28-10. Contractor may be paid from time to time on estimates
Status: in_force

40-28-10. Contractor may be paid from time to time on estimates

If the contractor shall perform the work designated in the contract properly, the governing

body, from time to time as the work progresses and in its discretion, may pay such contractor

between ninety and ninety-five percent of the amount earned under the contract to the time of

payment as determined by estimates made by the engineer acting for the municipality. Any

payments made under this section shall be by warrants drawn on the sewer and water

connections assessment fund.
N.D. Cent. Code § 40-09-06 — ND Code / Title 40 / Chapter 40-09 / Section 40-09-06
40-09-06. Style of board - Oath and salary of commissioners
Status: in_force

40-09-06. Style of board - Oath and salary of commissioners

The commissioners and the president of the board constitute the board of city

commissioners and shall take an oath faithfully to perform the duties of their respective offices.

The monthly salary of each city commissioner must be fixed by ordinance. The president of a

commission may receive a salary of up to fifty percent more than the level set for each

commissioner upon resolution by the board of city commissioners.
N.D. Cent. Code § 40-14-02 — ND Code / Title 40 / Chapter 40-14 / Section 40-14-02
40-14-02. Terms of elective officers
Status: in_force

40-14-02. Terms of elective officers

The terms of office of the mayor and council members are provided in chapter 40-08. All

other elective officers in a city operating under the council form of government shall hold their

respective offices for four years and until their successors are elected and qualified.
N.D. Cent. Code § 40-23.1-03 — ND Code / Title 40 / Chapter 40-23.1 / Section 40-23.1-03
40-23.1-03. Assessment rate per square foot
Status: in_force

40-23.1-03. Assessment rate per square foot

1. The rate of assessment per square foot [0.09 square meter] in each subdivision of an

improvement district shall be fixed on the basis that the special benefits conferred on a

square foot [0.09 square meter] of land in subdivisions first, second, third, fourth, and

fifth, respectively, are related to each other as are the numbers forty-five, twenty-five,

twenty, ten, and five, respectively, and shall be ascertained in the following manner:

a. The products of the number of square feet [0.09 square meter] in subdivisions

first, second, third, fourth, and fifth, respectively, and the numbers forty-five,

twenty-five, twenty, ten, and five, respectively, shall be ascertained;

b. The aggregate sum thereof shall be divided into the total cost and expense of the

improvement; and

c. The resultant quotient multiplied by forty-five, twenty-five, twenty, ten, and five,

respectively, shall be the respective rate of assessment per square foot [0.09

square meter] for subdivisions first, second, third, fourth, and fifth.

2. Provided, that in lieu of the above formula the rate of assessment per square foot [0.09

square meter] in each subdivision of an improvement district may be fixed on the basis

that the special benefits conferred on a square foot [0.09 square meter] of land in

subdivisions first, second, third, fourth, and fifth, respectively, are related to each other

as the numbers 0.015000, 0.008333, 0.006666, 0.003333, and 0.001666, respectively,

and the method of determining the assessment on each lot, tract, or parcel of land in

the improvement district may be ascertained in the following manner:

a. The products of the number of square feet [0.09 square meter] in subdivisions

first, second, third, fourth, and fifth, respectively, for each lot, tract, or parcel of

land in the improvement district and the numbers 0.015000, 0.008333, 0.006666,

0.003333, and 0.001666, respectively, shall be ascertained. The sum of all such

products for each such lot, tract, or parcel of land shall be the number of

"assessable units of frontage" therein;

b. The rate for each assessable unit of frontage shall be determined by dividing that

portion of the total cost of the improvement representing special benefits by the

aggregate sum of all assessable units of frontage; and

c. The assessment for each lot, tract, or parcel of land in the improvement district

shall be the product of the assessable units of frontage therefor, multiplied by the

rate per assessable unit of frontage.
N.D. Cent. Code § 40-47-07 — ND Code / Title 40 / Chapter 40-47 / Section 40-47-07
40-47-07. Board of adjustment - Members - Term - Hear and decide appeals and review orders
Status: in_force

40-47-07. Board of adjustment - Members - Term - Hear and decide appeals and

review orders.

The governing body may provide for the appointment of a board of adjustment consisting of

five members, each member to be appointed for a term of three years. The board of adjustment

shall hear and decide appeals from and shall review any order, requirement, decision, or

determination made by an administrative official charged with the enforcement of any ordinance

adopted pursuant to this chapter. It shall hear and decide all matters referred to it or upon which

it is required to pass under any such ordinance. The concurring vote of four members of the

board shall be necessary to reverse any order, requirement, decision, or determination of any

such administrative official or to decide in favor of the applicant any matter upon which it is

required to pass under any such ordinance, or to effect any variation in such ordinance. Upon

request of the board, the governing body shall have the right to appoint an alternate member of

said board of adjustment, who shall sit as an active member when and if a member of said

board is unable to serve at any hearing.
N.D. Cent. Code § 40-49-01 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-01
40-49-01. Municipalities may acquire real estate for parks or public grounds by gift, devise, or conveyance - Extension of police power
Status: in_force

40-49-01. Municipalities may acquire real estate for parks or public grounds by gift,

devise, or conveyance - Extension of police power.

A municipality may receive by gift, devise, or conveyance real estate within its corporate

limits, or within five miles [8.05 kilometers] thereof, for use as parks or public grounds. Such real

estate shall be vested in the municipality upon the conditions imposed by the donors or

conveyor, and upon the acceptance of the gift, devise, or conveyance by the executive officer

and governing body of the municipality, the jurisdiction of the governing body shall be extended

over such real estate. The governing body may enact bylaws, rules, and ordinances for the

protection and preservation of any real estate acquired as provided in this section and may

provide suitable penalties for the violation of any such bylaws, rules, or ordinances. The police

powers of the municipality shall be extended at once over any real estate acquired in the

manner provided in this section.
N.D. Cent. Code § 40-36-06 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-06
40-36-06. Validity of refunding bonds
Status: in_force

40-36-06. Validity of refunding bonds

Refunding bonds bearing the signatures of officers of the municipality in office on the date of

the signing thereof shall be valid and binding obligations of the municipality for all purposes,

notwithstanding that before the delivery of the bonds any or all of the persons whose signatures

appear thereon shall have ceased to be officers of the municipality, the same as if such persons

had continued to be officers of the municipality until after the delivery of the bonds. A resolution

authorizing the issuance of refunding bonds may provide that any such bonds may contain a

recital that such bonds are issued pursuant to this chapter, and any refunding bonds containing

such recital under authority of any such resolution shall be deemed conclusively to be valid and

to have been issued in conformity with the provisions of this chapter.
N.D. Cent. Code § 40-42-04 — ND Code / Title 40 / Chapter 40-42 / Section 40-42-04
40-42-04. Proof on trial to conform to claim filed with municipality
Status: in_force

40-42-04. Proof on trial to conform to claim filed with municipality

Upon the trial of an action for the recovery of damages by reason of an injury from the

defective, unsafe, dangerous, or obstructed condition of any street, crosswalk, sidewalk, culvert,

or bridge, the claimant shall not be permitted to prove any time, place, cause, manner, or extent

of the injury complained of differing from that specified in the claim filed with the municipality, nor

to recover damages in excess of the amount demanded in such claim.
N.D. Cent. Code § 40-51.2-02.1 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-02.1
40-51.2-02.1. Annexation agreements
Status: in_force

40-51.2-02.1. Annexation agreements

The governing body of a city may enter a written annexation agreement with the governing

body of another city regarding the annexation of property located within the extraterritorial

zoning or subdivision regulation authority of the cities under chapter 40-47 or 40-48. An

agreement is binding on the governing bodies of the cities for the term of the agreement unless

the governing bodies agree otherwise or unless determined otherwise by an administrative law

judge in accordance with this chapter. An agreement may not have a term greater than twenty

years.
N.D. Cent. Code § 40-36-15 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-15
40-36-15. Municipalities may appoint fiscal agent - Make rules and regulations governing
Status: in_force

40-36-15. Municipalities may appoint fiscal agent - Make rules and regulations

governing.

Any municipality, in connection with the issuance of refunding bonds, may appoint a fiscal

agent, provide for the fiscal agent's powers, duties, functions, and compensation, limit the fiscal

agent's liabilities, prescribe a method for the fiscal agent's resignation, removal, merger, or

consolidation, and provide for the appointment of a successor and the transfer of rights and

properties to such successor fiscal agent.
N.D. Cent. Code § 40-10-04 — ND Code / Title 40 / Chapter 40-10 / Section 40-10-04
40-10-04. Removal of city manager - Summary proceedings - Charges brought - Suspension - Absence or disability of city manager
Status: in_force

40-10-04. Removal of city manager - Summary proceedings - Charges brought -

Suspension - Absence or disability of city manager.

The city manager may be removed from office summarily by the governing body at any time

within six months after appointment. After that period, the city manager may be removed only

pursuant to written charges made and filed with the city auditor by the executive officer or by

some member of the governing body. Upon the filing of the charges, if the city manager desires

a hearing thereon, the city manager shall file a written demand for such hearing within three

days after the notice of the filing of such charges has been served upon the city manager. In the

absence of such demand, the city manager shall be deemed to have waived a hearing, but shall

not be removed finally until a hearing is had or waived. Pending such hearing or the waiver

thereof, the city manager may be suspended by the governing body. During the absence or

disability of the city manager, the governing body shall designate some properly qualified person

to perform the duties of the city manager's office. The decision of the governing body on the

selection or removal of a city manager or of a person to perform the duties of such office shall

be final.
N.D. Cent. Code § 40-36-10 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-10
40-36-10. Additional security for refunding bonds - Contents of bonds with additional security
Status: in_force

40-36-10. Additional security for refunding bonds - Contents of bonds with additional

security.

As additional security for any issue of refunding bonds, or any part thereof, issued under

this chapter, any municipality, by a resolution of its governing body, may confer upon the holders

of the refunding bonds all rights, powers, and remedies which said holders would be entitled to if

they were the owners and had possession of the notes, bonds, or other obligations for the

refinancing of which such refunding bonds shall have been issued, including the preservation of

the lien of such notes, bonds, or other obligations without extinguishment, impairment, or

diminution thereof. If any municipality exercises the power conferred by this section, each

refunding bond shall contain a recital to the effect that the holder thereof has been granted the

additional security provided by this section, and each note, bond, certificate, or other obligation

of the municipality to be refinanced by such refunding bonds shall be kept intact and shall not be

canceled or destroyed until the refunding bonds and the interest thereon finally have been paid

and discharged, but each such instrument shall be stamped to show that such note, bond,

certificate, or other obligation has been refunded pursuant to this chapter.
N.D. Cent. Code § 40-05-04 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-04
40-05-04. Powers of village
Status: repealed

40-05-04. Powers of village

Repealed by S.L. 1967, ch. 323, § 285.
N.D. Cent. Code § 40-33-08 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-08
40-33-08. Questions and propositions may be voted upon at same election and may be contained on one ballot
Status: in_force

40-33-08. Questions and propositions may be voted upon at same election and may

be contained on one ballot.

Any or all of the propositions and questions to be voted upon as specified in sections

40-33-02 and 40-33-07 may be submitted at one and the same election and upon one ballot, but

the ballot shall state each of the propositions separately.
N.D. Cent. Code § 40-55-03 — ND Code / Title 40 / Chapter 40-55 / Section 40-55-03
40-55-03. Providing and maintaining recreational facilities - May be vested in an existing body - Powers of body
Status: in_force

40-55-03. Providing and maintaining recreational facilities - May be vested in an

existing body - Powers of body.

The governing body of any municipality, school district, or park district may establish a

system of public recreation and it may vest the power to provide, maintain, and conduct

playgrounds, community centers, recreation centers, and other recreation and

character-building areas, structures, facilities, and activities in any existing municipal body, in

the school district, in the park district, or in a recreation board or commission, as the governing

body may determine. Any board, commission, or other body so designated shall have the

authority to maintain and conduct community centers, playgrounds, recreation centers, and

other recreation and character-building areas, structures, facilities, and activities. For the

purpose of carrying out the provisions of this chapter, it may employ play leaders, playground

and recreation center directors, supervisors, recreation superintendents, and such other

employees as it deems proper.
N.D. Cent. Code § 40-35-09 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-09
40-35-09. Sale of revenue bonds - When private sale authorized - Public sale and notice thereof
Status: in_force

40-35-09. Sale of revenue bonds - When private sale authorized - Public sale and

notice thereof.

Revenue bonds shall be sold at not less than ninety-eight percent of par. The bonds may be

sold at private sale without notice or at public sale after notice of the sale has been published

once at least five days prior to the sale in a newspaper circulating in the municipality. Bonds

sold at private sale shall bear interest at a rate or rates and be sold at a price resulting in an

average net interest cost not exceeding twelve percent per annum. 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. As to any series or issue of bonds for which a notice of sale was published but

for which no bids were received or all bids received were rejected, the governing body may,

without readvertising the bonds for sale, negotiate the sale of all of the bonds to any person

upon terms complying with those specified in the notice of sale theretofore published and, if bids

were rejected, more favorable to the municipality than those specified in the rejected bid.
N.D. Cent. Code § 40-09-05 — ND Code / Title 40 / Chapter 40-09 / Section 40-09-05
40-09-05. President and board of commissioners succeed to powers and duties of mayor and council
Status: in_force

40-09-05. President and board of commissioners succeed to powers and duties of

mayor and council.

If the city previously was organized under the council form of government, the first president

and the other members of the first board of city commissioners elected after a city has

incorporated under the city commission system of government are the successors of the mayor

and council members of the city. Upon the qualification of the president and other members of

the board, all the powers, rights, and duties of the mayor and council of the city cease.

Whenever the city previously, under the decree or judgment of any court or under any law,

ordinance, or resolution, has been entitled to representation through the mayor of the city and

one or more of the council members of the city, on the board of directors of any incorporated

company in which the city may own stock or be interested, it must be represented on the board

of directors by the president of the board of city commissioners and by two other members of

the board to be selected by the board.
N.D. Cent. Code § 40-22-16 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-16
40-22-16. Sewer or water improvements and parking lots in municipalities may be paid for by service charges
Status: in_force

40-22-16. Sewer or water improvements and parking lots in municipalities may be

paid for by service charges.

A municipality constructing a sewer or water improvement or a parking lot under the special

assessment method may resolve in the resolution or ordinance required by section 40-22-08 in

the case of a sewer or water improvement, or in the resolution required by section 40-22-15 in

the case of a parking lot, that a portion of the cost of the improvement shall be raised by service

charges for the use of the improvement, and of the utility or parking system of which it forms a

part. If the municipality so resolves, it may determine, in its resolutions, ordinances, and other

proceedings relating to the levying of special assessments and the issuing of warrants to pay

the cost of such improvement, that a specified portion or all of such cost shall be assessed

specially against any property specially benefited and may cause to be assessed only the

portion so determined. In such event the entire remainder of such cost, including interest as well

as principal of any warrants issued, over and above the amount of special assessments actually

collected and received from time to time in the fund of the improvement district, plus any general

taxes pledged in accordance with section 40-24-10 and similarly collected and received, shall

be paid from the net revenues derived from said service charges; provided, that nothing herein

shall affect the power and duty of the governing body to levy a tax for the payment of a

deficiency in the improvement district fund at the times and under the conditions set forth in

section 40-26-08. All of the applicable provisions of this title relating to special assessments

shall be applicable to such improvements except as to the portion of the cost thereof resolved or

ordained to be paid by service charges. The governing body of the municipality shall provide for

the establishment, imposition, and collection of service charges for the services furnished by

such improvement and the utility or parking system of which it forms a part, and in connection

therewith it shall have all the rights and powers respecting such service charges as it would

have with respect to like matters if such improvement were made in accordance with chapter
N.D. Cent. Code § 40-12-05 — ND Code / Title 40 / Chapter 40-12 / Section 40-12-05
40-12-05. City auditor to determine sufficiency of initiative petition - Certificate attached to petition
Status: in_force

40-12-05. City auditor to determine sufficiency of initiative petition - Certificate

attached to petition.

Within ten days after the filing of a petition to initiate an ordinance, the city auditor shall

examine the petition and ascertain from the voters' register whether or not the petition is signed

by the requisite number of qualified electors. The governing body of the municipality shall allow

such extra help for the examination of the petition as it deems necessary. The city auditor shall

attach to the petition the city auditor's certificate showing the result of the examination and if the

petition is insufficient, the city auditor shall state in the city auditor's certificate the reasons

therefor. If the city auditor's certificate shows the petition to be insufficient, it may be amended

within ten days from the date of the certificate. Within ten days after any such amendment, the

city auditor shall make an examination of the amended petition, and if the city auditor's

certificate attached thereto shall show the amended petition to be insufficient, it shall be

returned to the person filing the same without prejudice to the filing of a new petition to the same

effect. If the petition is sufficient, the city auditor shall submit it to the governing body of the

municipality without delay.
N.D. Cent. Code § 40-46-02.1 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-02.1
40-46-02.1. Tax levy for city employees' pension plan authorized - Limitations
Status: repealed

40-46-02.1. Tax levy for city employees' pension plan authorized - Limitations

Repealed by S.L. 1983, ch. 465, § 2.
N.D. Cent. Code § 40-34-08 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-08
40-34-08. Tax levy to pay deficiency when bonds become due
Status: in_force

40-34-08. Tax levy to pay deficiency when bonds become due

If the last maturing bonds secured by a first mortgage or deed of trust on an improvement,

as provided in this chapter, are not paid when they become due, and if a deficiency remains, the

governing body of the municipality, or the respective governing bodies of the municipalities,

shall levy a tax upon all of the taxable property within the limits of the municipality or

municipalities for the payment of such deficiency.
N.D. Cent. Code § 40-39-07 — ND Code / Title 40 / Chapter 40-39 / Section 40-39-07
40-39-07. Hearing on petition - Passage of resolution declaring vacation by governing body
Status: in_force

40-39-07. Hearing on petition - Passage of resolution declaring vacation by governing

body.

The governing body, or such committee as may be appointed by it, shall investigate and

consider the matter set forth in the petition specified in section 40-39-05 and, at the time and

place specified in the notice, shall hear the testimony and evidence of persons interested. After

hearing the testimony and evidence or upon the report of the committee favoring the granting of

the petition, the governing body, by a resolution passed by a two-thirds vote of all its members,

may declare the public grounds, streets, alleys, or highways described in the petition vacated

upon such terms and conditions as it shall deem just and reasonable.
N.D. Cent. Code § 40-45-26 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-26
40-45-26. Question of continuance of police pension plan
Status: in_force

40-45-26. Question of continuance of police pension plan

The governing body of a city having a police pension plan may discontinue such plan upon

receipt of a petition requesting such discontinuance signed by sixty percent of the police

employees and pensioners of the city as of the date of the filing of such petition and upon the

subsequent adoption by the governing body of a resolution by two-thirds vote of the members

present stating that the plan is not desirable or workable.
N.D. Cent. Code § 40-36-17 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-17
40-36-17. General remedies of holders of refunding bonds - Receiver of enterprise
Status: in_force

40-36-17. General remedies of holders of refunding bonds - Receiver of enterprise

The holders of bonds issued under this chapter, or a trustee for such holders, may exercise

any or all of the general remedies provided in section 40-35-15, subject, however, to the

restrictions and limitations contained in that section. A receiver for an enterprise may be

appointed for the reasons and in the manner prescribed in section 40-35-16 for the appointment

of a receiver for an undertaking. Any receiver appointed for an enterprise shall have the powers

and shall perform the duties prescribed in section 40-35-16 for the receiver of an undertaking.

The termination of a receivership for an enterprise shall be governed by the provisions of

section 40-35-18, and after the enterprise is surrendered to the municipality, the holder of

refunding bonds, upon any subsequent default, may secure the appointment of a receiver as in

the case of the original default. The receiver for an enterprise shall be subject to the continuing

jurisdiction of the court and may be removed by the court as specified in section 40-35-19.
N.D. Cent. Code § 40-54-07 — ND Code / Title 40 / Chapter 40-54 / Section 40-54-07
40-54-07. City auditor to keep gravel assessment book
Status: in_force

40-54-07. City auditor to keep gravel assessment book

The city auditor shall keep in the city auditor's office a book called "gravel assessment book"

and shall enter therein the costs certified by the city engineer and governing body as an

assessment against the lots or parcels of land adjoining any such graveling project constructed

under the provisions of this chapter and the names of the owners of such lots or parcels of land,

if the same are known to the city auditor.
N.D. Cent. Code § 40-38.1-04 — ND Code / Title 40 / Chapter 40-38.1 / Section 40-38.1-04
40-38.1-04. General powers and duties of a municipal arts council
Status: in_force

40-38.1-04. General powers and duties of a municipal arts council

A municipal arts council shall have the following powers and duties:

1. To make and adopt such bylaws and rules relating to the duties of the officers and

members of the council as may be expedient and not inconsistent with the provisions

of this chapter.

2. To control, exclusively, the expenditures of all moneys collected for or contributed to

the municipal arts fund.

3. To employ qualified personnel to administer the provisions of this chapter.
N.D. Cent. Code § 40-57.3-03 — ND Code / Title 40 / Chapter 40-57.3 / Section 40-57.3-03
40-57.3-03. Budget - Contracts - Bonds - Capital construction
Status: in_force

40-57.3-03. Budget - Contracts - Bonds - Capital construction

The governing body of the city shall annually set the budget, if any, under which the

committee shall operate. The governing body of the city may contract with any person, firm,

association, corporation, or limited liability company to carry out the purposes of the city visitors'

promotion fund or the city visitors' promotion capital construction fund created under section
N.D. Cent. Code § 40-08-27 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-27
40-08-27. Police chief and police officers appointed by mayor
Status: in_force

40-08-27. Police chief and police officers appointed by mayor

The mayor may appoint any number of police officers the mayor and the city council deem

necessary to preserve the peace of the city and the mayor shall appoint one of the number as

chief of police. Such appointment shall be subject to the approval of the council.
N.D. Cent. Code § 40-54-06 — ND Code / Title 40 / Chapter 40-54 / Section 40-54-06
40-54-06. City auditor to deliver duplicate assessment rolls - Collection of assessments
Status: in_force

40-54-06. City auditor to deliver duplicate assessment rolls - Collection of

assessments.

On or before the first day of September of each year, the city auditor shall deliver to the

county auditor a duplicate of all assessment rolls containing assessments made under the

provisions of this chapter, and the county auditor shall extend the assessments in the proper

column against the property assessed. Such assessments shall be collected and the payment

thereof enforced as county and state taxes are collected and enforced and such assessments

shall constitute a lien against the property designated in the same manner and to the same

extent as other special assessments. When collected, the assessments shall be paid over by

the county treasurer to the city auditor in the same manner as other taxes.
N.D. Cent. Code § 40-47-13 — ND Code / Title 40 / Chapter 40-47 / Section 40-47-13
40-47-13. Conflict between regulations adopted under this chapter and other laws, ordinances, or regulations
Status: in_force

40-47-13. Conflict between regulations adopted under this chapter and other laws,

ordinances, or regulations.

If the regulations made under the authority of this chapter require a greater width or size of

yards or courts, or require a lower height of building or a lesser number of stories, or require a

greater percentage of lot to be left unoccupied, or impose other higher standards than are

required in any other statute or local ordinance or regulation, the provisions of the regulations

made under the authority of this chapter shall govern. If the provisions of any other statute or

local ordinance or regulation require a greater width or size of yards or courts, or require a lower

height of building or a lesser number of stories, or require a greater percentage of lot to be left

unoccupied, or impose other higher standards than are required by the regulations made under

the authority of this chapter, the provisions of such statute or local ordinance shall govern.
N.D. Cent. Code § 40-12-03 — ND Code / Title 40 / Chapter 40-12 / Section 40-12-03
40-12-03. Requirements of petitions for initiative and referendum
Status: in_force

40-12-03. Requirements of petitions for initiative and referendum

Only qualified electors of the city may sign petitions provided for in this chapter. Each

petition, in addition to the names of the petitioners, must contain the name of the street upon,

and the number of the house in, which each petitioner resides. It must also be accompanied by

the affidavit of one or more qualified electors of the city stating that the signers were qualified

electors of the city at the time of signing and the number of signers upon the petition at the time

when the affidavit was made.
N.D. Cent. Code § 40-57.1-04.4 — ND Code / Title 40 / Chapter 40-57.1 / Section 40-57.1-04.4
40-57.1-04.4. Clearance of tax obligations and tax liens of record
Status: in_force

40-57.1-04.4. Clearance of tax obligations and tax liens of record

1. A project operator is not eligible for the income tax exemption under section

40-57.1-04 until a showing is made that the project operator has satisfied all state or

local tax obligations and tax liens of record for delinquent property, income, income

withholding, sales, or use taxes owed to the state or a political subdivision.

2. A certificate from the tax commissioner to the state board of equalization satisfies the

requirement of subsection 1.

3. If the project operator is a corporation or a passthrough entity defined in section

57-38-01, any of its officers, governors, or managers charged with the responsibility for

making either property, income, income withholding, sales, or use tax returns and

payments are subject to the provisions of subsections 1 and 2 with respect to all state

or local tax obligations and tax liens of record for delinquent property, income, income

withholding, sales, or use taxes for which the individual is personally liable. If the

project operator is a partnership, each general partner is subject to the provisions of

subsections 1 and 2 with respect to all state or local tax obligations or tax liens of

record for delinquent property, income, income withholding, sales, or use taxes for

which the individual is personally liable.
N.D. Cent. Code § 40-33.2-05 — ND Code / Title 40 / Chapter 40-33.2 / Section 40-33.2-05
40-33.2-05. Bonds and notes
Status: in_force

40-33.2-05. Bonds and notes

1. A municipal power agency may from time to time issue its bonds or notes in such

principal amounts as the municipal power agency shall deem necessary to provide

sufficient funds to carry out any of its corporate purposes and powers, including the

acquisition or construction of any project to be owned or leased, as lessor or lessee,

by the municipal power agency, or the acquisition of any interest therein or any right to

capacity thereof, the funding or refunding of the principal of, or interest or redemption

premiums on, any bonds or notes issued by it whether or not such bonds or notes or

interest to be funded or refunded have or have not become due, the establishment or

increase of reserves to secure or to pay such bonds or notes or interest thereon, and

the payment of all other costs or expenses of the municipal power agency incident to

and necessary or convenient to carry out its corporate purposes and powers.

2. Except as may be otherwise expressly provided by this chapter or by resolution of the

municipal power agency, every issue of bonds or notes of the agency shall be payable

out of any revenues or funds of the agency, subject only to any agreements with the

holders of particular bonds or notes pledging any particular revenues or funds. A

municipal power agency may issue any types of bonds or notes as it may determine,

including bonds or notes as to which the principal and interest are payable exclusively

from the revenues from one or more projects, or from an interest therein or a right to

capacity thereof, or from one or more revenue-producing contracts made by the

municipal power agency with any person, or from its revenues generally. Any bonds or

notes may be additionally secured by a pledge of any grant, subsidy, or contribution

from any person or a pledge of any income or revenues, funds, or moneys of the

municipal power agency from any source. Any pledge of revenues or other funds

made by a municipal power agency pursuant to this chapter shall be valid and binding

from the date the pledge is made. The revenues and other funds pledged and held or

thereafter received by the agency or any fiduciary shall immediately be subject to the

lien of the pledge without physical delivery or further act, and the lien of the pledge

shall be valid and binding as against all parties having claims of any kind in tort,

contract, or otherwise against the agency without regard to whether the parties have

notice. Neither the resolution, trust agreement, or security agreement by which a

pledge is created nor any financing statement, continuation statement, or other

instrument relating to the pledge need be filed or recorded in any manner. Subsection

10 shall not apply to any pledge of or grant of a security interest in any revenues or

funds of a municipal power agency to secure any bonds or notes issued by a

municipal power agency.

3. All bonds and notes of a municipal power agency shall be negotiable within the

meaning and for all the purposes of title 41, subject only to any registration

requirement.

4. Except when the agency agreement or bylaws prescribe otherwise, bonds or notes of

a municipal power agency shall be authorized by resolution of its board of directors

and approved by not less than sixty percent of the qualified electors in each of the

member cities voting on the question at any regular or special election and may be

issued under such resolution or under a trust indenture or other security agreement, in

one or more series, and shall bear such date or dates, mature at such time or times,

bear interest at such rate or rates, be in such denominations, be in such form, either

coupon or registered, carry such conversion, registration, and exchange privileges,

have such rank or priority, be executed in such manner, be payable in such medium of

payment at such place or places within or outside the state or within or outside the

United States, be subject to such terms of redemption with or without premiums, and

contain or be subject to such other terms as the resolution, trust indenture, or other

security agreement may provide, and shall not be restricted by the provisions of any

other law limiting the amounts, maturities, interest rates, or other terms of obligations

of cities, public agencies, or private persons.

5. Any bonds or notes may be issued and delivered, notwithstanding that one or more of

the officers executing them shall have ceased to hold office at the time when the

bonds or notes are actually delivered.

6. Pending preparation of definitive bonds, a municipal power agency may issue

temporary bonds which shall be exchanged for the definitive bonds.

7. Bonds or notes of a municipal power agency may be sold at public or private sale for

such price or prices and in such manner as the agency determines.

8. Bonds or notes of a municipal power agency may be issued under the provisions of

this chapter, and rents, rates, and charges may be established pursuant to section

40-33.2-07 and pledged for the security of bonds or notes and interest and redemption

premiums thereon, without obtaining the consent of any department, division,

commission, board, bureau, or agency of this state and without any other proceeding

or the happening of any other condition or occurrence except as specifically required

by this chapter.

9. The resolution, trust indenture, or other security agreement under which any bonds or

notes are issued shall constitute a contract with the holders of the bonds or notes, and

may contain provisions, among others, prescribing:

a. The terms and provisions of the bonds or notes.

b. The mortgage or pledge of and the grant of a security interest in any property and

all or any part of the revenue from any project or any revenue-producing contract

made by the municipal power agency with any person to secure the payment of

bonds or notes, subject to any agreements with the holders of bonds or notes

which might then exist.

c. The custody, collection, securing, investment, and payment of any revenues,

assets, money, funds, or property with respect to which the municipal power

agency may have any rights or interest.

d. The rates or charges for electric energy sold by, or services rendered by, the

municipal power agency, the amount to be raised by the rates or charges, and the

use and disposition of any or all revenue.

e. The creation of reserves or sinking funds and the regulation and disposition

thereof.

f. The purposes to which the proceeds from the sale of any bonds or notes then or

thereafter to be issued may be applied, and the pledge of the proceeds to secure

the payment of the bonds or notes.

g. Limitations on the issuance of any additional bonds or notes, the terms upon

which additional bonds or notes may be issued and secured, and the refunding of

outstanding bonds or notes.

h. The rank or priority of any bonds or notes with respect to any lien or security.

i. The creation of special funds or moneys to be held in trust or otherwise for

operating expenses, payment, or redemption of bonds or notes, reserves, or

other purposes, and the use and disposition of moneys held in these funds.

j. The procedure by which the terms of any contract with or for the benefit of the

holders of bonds or notes may be amended or abrogated, the amount of bonds or

notes the holders of which must consent thereto, and the manner in which

consent may be given.

k. The definition of the acts or omissions to act which shall constitute a default in the

duties of the municipal power agency to holders of its bonds or notes and the

rights and remedies of the holders in the event of default, including, if the

municipal power agency so determines, the right to accelerate the due date of the

bonds or notes or the right to appoint a receiver or receivers of the property or

revenues thereof subject to the lien of the resolution, trust indenture, or other

security agreement.

l. Any other or additional agreements with or for the benefit of the holders of bonds

or notes or any covenants or restrictions necessary or desirable to safeguard the

interests of the holders.

m. The custody of any of its properties or investments, the safekeeping thereof, the

insurance to be carried thereon, and the use and disposition of insurance

proceeds.

n. The vesting in a trustee or trustees, within or outside the state, of such properties,

rights, powers, and duties in trust as the municipal power agency may determine

or the limiting or abrogating of the rights of the holders of any bonds or notes to

appoint a trustee, or the limiting of the rights, powers, and duties of such trustee.

o. The appointment of and the establishment of the duties and obligations of any

paying agent or other fiduciary within or outside the state.

10. For the security of bonds or notes issued or to be issued by a municipal power agency,

the municipal power agency may, subject to approval by not less than sixty percent of

the qualified electors in each of the member cities voting on the question at any

regular or special election, mortgage or execute deeds of trust of the whole or any part

of its property and franchises. Such mortgages or deeds of trust may by their terms

include after-acquired property and shall be valid and effectual for that purpose as if

such after-acquired property were owned by, and in possession of, the municipal

power agency giving such mortgage or deed of trust at the time of the execution

thereof. Any mortgage, or deed of trust covering the whole or any part of easements or

other interests in real estate less than fee simple used in the generation or

transmission of electric power, and covering fixtures annexed to the real estate in

which the municipal power agency has an easement or other less than fee simple

interest, may be filed in the office of the secretary of state with or as part of the

financing statement covering the fixtures. Such filing of the mortgage or deed of trust

shall have the same effect, and shall be notice of the rights and interest of the

mortgagee or trustee in such easements and other less than fee simple interests in

real estate and in such fixtures to the same extent as if such mortgage or deed of trust

were duly recorded in the office of the recorder of the county or counties in which the

real estate subject to such easements or less than fee simple interests is situated. Any

such mortgage or deed of trust so filed shall be deemed to contain a sufficient

description to give notice of the rights and interests of the mortgagee or trustee in the

easements and other less than fee simple interests in the real estate used in the

generation or transmission of electric power if such mortgage or deed of trust states

that the securing includes rights of way of or generation or transmission systems of or

lines of the municipal power agency, or all property owned by the municipal power

agency. This subsection shall not apply to any real estate owned by the municipal

power agency in fee simple. All filings required under title 41 to perfect a security

interest against the personal property or fixtures of a municipal power agency shall be

made and maintained in the office of the secretary of state.

11. Neither the officials, the directors, nor the members of a municipal power agency nor

any person executing bonds or notes shall be liable personally on the bonds or notes

or be subject to any personal liability or accountability by reason of the issuance

thereof. A municipal power agency shall have power to indemnify and to purchase and

maintain insurance on behalf of any director, officer, employee, or agent of the

municipal power agency in connection with any action or proceeding, other than an

action by or in the right of the municipal power agency, by reason of the fact that the

person's status as a director, officer, employee, or agent of the municipal power

agency, or as a director, officer, employee, or agent of another entity at the municipal

power agency's request, against expenses, including attorney's fees, judgments, fines,

and amounts paid in settlement actually and reasonably incurred by the person in

connection with such action or proceeding if the person acted in good faith and in a

manner the person reasonably believed to be in the best interests of the municipal

power agency, and with respect to any criminal action or proceeding, had no reason to

believe the conduct was unlawful. No indemnification shall be made in respect of any

claim, issue, or matter as to which such person shall have been adjudged to be liable

for negligence or misconduct in the performance of duty to the municipal power

agency unless and only to the extent that the court in which such action or suit was

brought shall determine upon application that, despite the adjudication of liability but in

view of all of the circumstances of the case, such person is fairly and reasonably

entitled to indemnity for such expenses which such court shall deem proper. The

termination of any action or proceeding in any manner shall not, of itself, create a

presumption that the person did not act in good faith and in a manner which the

person reasonably believed to be in the best interests of the municipal power agency,

and with respect to any criminal actions or proceedings, had reasonable cause to

believe that the conduct was unlawful.

12. A municipal power agency shall have power to purchase, out of any funds available

therefor, its bonds or notes, and to hold, pledge, cancel, or resell the bonds or notes,

subject to and in accordance with any agreements with the holders.

13. The principal of and interest upon any bonds or notes issued by a municipal power

agency shall be payable solely from the revenues or funds pledged or available for

their payment as authorized in this chapter. Each bond and note shall contain a

statement that the principal and interest is payable solely from revenues or funds of

the municipal power agency and that neither the state nor any political subdivision

thereof, other than the municipal power agency, nor any city which is a member of the

municipal power agency is obligated to pay the principal or interest and that neither the

faith and credit nor the taxing power of the state or any political subdivision thereof or

of any such city is pledged to the payment of the principal or interest on the bonds or

notes. This subsection does not preclude the use of tax or other revenue by a city for

payment of amounts due and performance of covenants under any contract of the city

as provided in subsection 3 of section 40-33.2-08.

14. Bonds and notes of a municipal power agency issued under the provisions of this

chapter and the income therefrom shall be exempt from all taxation by the state or any

political subdivision thereof, excepting inheritance, estate, or transfer taxes.

15. Any holder of bonds or notes issued by a municipal power agency under the

provisions of this chapter, and the trustee under any resolution, trust indenture, or

other security agreement under which any bonds or notes are issued, except to the

extent that the rights herein granted may be restricted by the resolution, trust

indenture, or security agreement, may bring suit upon the bonds or notes and may,

either at law or in equity, by suit, action, mandamus, or other proceedings, which may

include the appointment of a receiver to take control of the business and properties of

the municipal power agency, protect and enforce any or all of its rights granted

hereunder or under the resolution, trust indenture, or security agreement, and may

enforce and compel the performance of any or all duties and obligations under this

chapter and any or all covenants or obligations under the resolution, trust indenture, or

security agreement to be performed by the municipal power agency or by any officer

thereof, including the fixing, charging, and collecting of rents, rates, fees, and charges.
N.D. Cent. Code § 40-05-11 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-11
40-05-11. Foreign city - Power to acquire by right of eminent domain, purchase, lease, own, and hold real estate in this state - Liability
Status: in_force

40-05-11. Foreign city - Power to acquire by right of eminent domain, purchase, lease,

own, and hold real estate in this state - Liability.

Any city of another state situated within five miles [8.05 kilometers] of the boundary line of

this state may purchase, lease, own, and hold real estate in this state for waterworks or

sewerage purposes and may improve the land for municipal purposes in the same manner as a

city situated in this state, and may lease, let, or convey the land. Any city so situated may

acquire, by purchase, gift, devise, or, subject to chapter 32-15, condemnation, any property,

corporeal or incorporeal within this state, as may be necessary or convenient for the

construction and maintenance of an electric power transmission line, which electric power

transmission line has the function of connecting a municipal power plant, owned and operated

by that city, with distribution facilities owned by the government of the United States for

distributing electric power generated at Garrison Dam. Such foreign city is liable for all damages

growing out of or incident to the ownership, use, or occupation of any such real estate in this

state as if it were a municipality of this state.
N.D. Cent. Code § 40-23-22 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-22
40-23-22. State property subject to special assessments
Status: in_force

40-23-22. State property subject to special assessments

Real estate within municipalities of this state owned by the state of North Dakota, other than

for highway right-of-way purposes, may be subjected to special assessments for special

improvements when benefited by such improvement and the state agency or department having

control thereof is hereby authorized to expend public funds in payment of such special

assessments.
N.D. Cent. Code § 40-02-10 — ND Code / Title 40 / Chapter 40-02 / Section 40-02-10
40-02-10. Election returns - To whom made - Duty of board of county commissioners
Status: in_force

40-02-10. Election returns - To whom made - Duty of board of county commissioners

The election officials acting in each place in which votes are cast in an election held under

this chapter shall return to the board of county commissioners which ordered the election a

verified statement of the results of the election showing the number of votes cast for and against

incorporation at their polling place. The returns shall be verified by the affidavit of the election

officials. The returns shall be canvassed by the board of county commissioners, and the results

of the canvass and of the election shall be entered upon the minutes of the proceedings of such

board. If a majority of the votes cast on the question at the election favored incorporation, the

board shall make an order declaring that the territory described in the petition has been

incorporated as a city under the council form of government or as a city under the commission

system of government, as the case may be, by the name described in the petition, stating that

name, and shall cause the order to be entered in the minutes of its proceedings. If the territory is

located in more than one county, a certified copy of such order shall be submitted immediately

to each of the other counties within which a portion of the territory described in the order is

situated. The auditor of each county to which a certified copy of the order is submitted shall

make a record of the order in the minutes of the board of county commissioners of such county.
N.D. Cent. Code § 40-23-12 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-12
40-23-12. Confirmation of assessment list after hearing - Filing list
Status: in_force

40-23-12. Confirmation of assessment list after hearing - Filing list

The special assessment commission, after the hearing, shall confirm the list and attach

thereto its further certificate certifying that the list is correct as confirmed by it. The commission

thereafter shall file the assessment list in the office of the city auditor.
N.D. Cent. Code § 40-57.1-04.1 — ND Code / Title 40 / Chapter 40-57.1 / Section 40-57.1-04.1
40-57.1-04.1. Ad valorem tax exemption for existing structures - Requirements
Status: in_force

40-57.1-04.1. Ad valorem tax exemption for existing structures - Requirements

Notwithstanding any other provision of this chapter, a project operator who otherwise

qualifies under this chapter may, upon application consistent with the provisions of this chapter,

receive a partial or complete exemption from ad valorem taxation on any existing structure used

in or necessary to the operation of the project for a period not exceeding five years from the

date of commencement of project operations in the structure. For taxable years beginning after

December 31, 1988, the governing body of a municipality may grant additional exemptions of

property under this section during a period not exceeding ten years from the date of

commencement of project operations in the structure if the structure is owned by the United

States, the state, or a political subdivision of the state and leased to the project operator. The

project operator shall apply to the governing body of the municipality annually for the exemption

and the governing body of the municipality may grant the exemption for only one year at a time.
N.D. Cent. Code § 40-05-03 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-03
40-05-03. Cities having population of fifteen thousand may provide for regulation and inspection of food markets
Status: in_force

40-05-03. Cities having population of fifteen thousand may provide for regulation and

inspection of food markets.

The governing body of any city having a population of fifteen thousand or more may enact

ordinances providing for the regulation and inspection of food markets, stores, and other places

where food intended for human consumption is sold at retail.
N.D. Cent. Code § 40-53.1-06 — ND Code / Title 40 / Chapter 40-53.1 / Section 40-53.1-06
40-53.1-06. Notice of dissolution - Publication
Status: in_force

40-53.1-06. Notice of dissolution - Publication

Whenever a city is dissolved, the county auditor shall publish a notice once a week for four

consecutive weeks that the city is dissolved. A certified copy of the notice shall be sent to the

secretary of state.
N.D. Cent. Code § 40-40-01 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-01
40-40-01. Short title
Status: in_force

40-40-01. Short title

This chapter shall be known and cited as the municipal budget law.
N.D. Cent. Code § 40-10-02 — ND Code / Title 40 / Chapter 40-10 / Section 40-10-02
40-10-02. Vote required to adopt plan - Effective date
Status: in_force

40-10-02. Vote required to adopt plan - Effective date

If a majority of the votes cast on the question at the election favors the adoption of the city

manager plan, the governing body shall declare the plan adopted and shall fix the date when

the plan becomes effective. The date must be after the first regular meeting of the governing

body in the month of July following the election.
N.D. Cent. Code § 40-35-01 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-01
40-35-01. Short title
Status: in_force

40-35-01. Short title

This chapter may be cited as the revenue bond law.
N.D. Cent. Code § 40-21-12 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-12
40-21-12. Counting ballots - Returns - Canvass of returns by governing body of municipality
Status: repealed

40-21-12. Counting ballots - Returns - Canvass of returns by governing body of

municipality.

Repealed by S.L. 2005, ch. 185, § 18.
N.D. Cent. Code § 40-49-09 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-09
40-49-09. Vacancies - How filled - Removal of residence creates vacancy
Status: in_force

40-49-09. Vacancies - How filled - Removal of residence creates vacancy

Vacancies on the board of park commissioners shall be filled by the board until the next

regular election of members thereof at which time such vacancies shall be filled by election for

the unexpired term. The removal of the person's residence from the park district by a member of

the board shall create a vacancy thereon.
N.D. Cent. Code § 40-24-10 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-10
40-24-10. One-fifth of cost of improvement may be paid by general assessment within constitutional debt limit
Status: in_force

40-24-10. One-fifth of cost of improvement may be paid by general assessment within

constitutional debt limit.

Any municipality, at the option of its governing body, may provide for the payment by

general taxation of all the taxable property in the municipality of not more than one-fifth of the

cost of any improvement financed by the levying of special assessments other than the opening

and widening of streets or the laying of sewer or water connections from the main to the curb

line. Any amount which the municipality shall determine to pay by general assessment shall be

considered as a part of the debt of the municipality and shall not be valid unless such amount is

within the constitutional debt limit of such municipality. Any incorporated city, by a two-thirds vote

of the qualified voters thereof voting upon the question at a general or special election, may

increase its limit of indebtedness three percent on the assessed valuation of taxable property in

such city beyond five percent of the valuation thereof, and by a majority vote, in like manner,

may increase its limit of indebtedness four percent of such valuation without regard to the

existing indebtedness of such city for the purpose of constructing or purchasing waterworks for

furnishing a supply of water to the inhabitants of such city, or for the purpose of constructing

sewers; provided, that such increase or increases must be duly voted before the levy of any

general taxes exceeding the existing debt limit may be made to pay part of the cost of any such

improvement. In making any contract with reference to any special improvement, the governing

body may take into consideration such portion of the cost of the improvement as will be paid by

general assessment and may make appropriations and levy taxes and assessments therefor in

annual installments extending over the same period of time as is provided in the special

assessments for such improvement. The appropriation may be made at such time as occasion

may require and shall be included in the municipality's first annual tax levy thereafter. The

appropriation and levy, whether it is made as a part of the regular annual appropriation

ordinance or otherwise, shall state the specific improvement for which the assessment is made

and the tax levied, the amount thereof, and the district in which the improvement is made. The

amount of such assessment and the moneys collected thereon shall become a part of the

district fund upon which the warrants issued in payment for the improvement are to be drawn.
N.D. Cent. Code § 40-26-02 — ND Code / Title 40 / Chapter 40-26 / Section 40-26-02
40-26-02. Correcting errors, mistakes, and deficiencies in special assessments
Status: in_force

40-26-02. Correcting errors, mistakes, and deficiencies in special assessments

If errors or mistakes occur in making an assessment in respect to the total cost of the

improvement or otherwise, or if there was a deficiency in any assessment, the governing body

shall cause additional assessments to be made in the manner provided in section 40-26-03 to

supply such deficiencies or correct such errors or mistakes. The total of all special assessments

for an improvement shall not exceed the benefits to the property derived from such

improvement. An additional assessment shall be a lien upon the lots and lands on which it is

levied, shall be payable in the same manner and in the same installments, shall draw interest at

the same rate, and shall be enforced through the same procedure as the original assessment.
N.D. Cent. Code § 40-62-02 — ND Code / Title 40 / Chapter 40-62 / Section 40-62-02
40-62-02. Determination of necessity
Status: in_force

40-62-02. Determination of necessity

The resolution determining the necessity of the improvement shall designate the portions of

streets to be included within the mall or crossed by skyways and shall state the reason or

reasons why such designation is deemed necessary. It is recognized by state policy that such

necessity may exist in a city of substantial size for one or more of the following reasons:

1. Increases in population and in automobile usage and parking may create conditions of

traffic congestion in the central business district during part or all of normal business

hours which may be alleviated by a pedestrian mall or skyways.

2. Continued unlimited use of the designated street or streets may constitute a hazard to

the safety of pedestrians and may impede necessary movement of police and fire

equipment, ambulances, and other emergency vehicles.

3. Certain streets may be improved to their maximum width for sidewalk and roadway

purposes, and may be incapable of further widening without taking buildings and

improvements or substantially impeding the movements of pedestrians using the

facilities of the central business district.

4. Orderly plans for urban renewal, rehabilitation, and redevelopment may require or may

be facilitated by such an improvement.

5. Pedestrian use may be the highest and best use of the designated streets, and the

limitation of the use thereof by vehicles may be in the best interest of the city and of

the optimum benefit to the properties in the improvement district, if:

a. Reasonably convenient alternate routes exist for vehicles going through the

central business district to other parts of the city and the state;

b. The designated streets are not federal, state, or county highways, or, if they are,

the making of the improvement is conditioned upon the relocation of such

highways in the manner provided by law; and

c. Properties abutting on the designated streets can reasonably and adequately

receive and deliver merchandise and materials either from other streets or alleys,

or by providing for limited use of the designated streets for this purpose.

6. Construction of skyways may alleviate the conflict between pedestrian and motor

vehicle traffic.
N.D. Cent. Code § 40-16-01 — ND Code / Title 40 / Chapter 40-16 / Section 40-16-01
40-16-01. Office of city auditor - Location - Salary
Status: in_force

40-16-01. Office of city auditor - Location - Salary

Each city auditor of each city shall keep the city auditor's office at the meeting place of the

governing body or at such place as designated by the governing body. The city auditor's salary

shall be fixed by the city governing body and the city auditor shall receive no fees or per diem in

addition thereto.
N.D. Cent. Code § 40-23-16 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-16
40-23-16. Confirmation of assessment list by governing body - Certifying and filing list
Status: in_force

40-23-16. Confirmation of assessment list by governing body - Certifying and filing

list.

The governing body shall confirm the assessment list. The city auditor shall attach to the list

the city auditor's certificate that the list is correct as confirmed by the governing body and then

shall file the list in the city auditor's office.
N.D. Cent. Code § 40-12-02 — ND Code / Title 40 / Chapter 40-12 / Section 40-12-02
40-12-02. Submission of proposed ordinance by petition - Filed with city auditor - Request in petition
Status: in_force

40-12-02. Submission of proposed ordinance by petition - Filed with city auditor -

Request in petition.

Any proposed ordinance may be submitted to the governing body of the municipality by a

petition signed by qualified electors thereof equal in number to fifteen percent of the votes cast

for all candidates for the executive officer at the preceding regular municipal election. The

petition must be filed in the city auditor's office and must contain a request that the ordinance

set out in the petition be submitted to a vote of the qualified electors of the city if it is not passed

by the governing body of the municipality.
N.D. Cent. Code § 40-06-03 — ND Code / Title 40 / Chapter 40-06 / Section 40-06-03
40-06-03. Quorum
Status: in_force

40-06-03. Quorum

A majority of the members of the governing body of a municipality shall constitute a quorum

to do business but a smaller number may adjourn from time to time. The governing body may

compel the attendance of absentees under such penalties as may be prescribed by ordinance,

and may employ the police of the municipality for that purpose.
N.D. Cent. Code § 40-54-08 — ND Code / Title 40 / Chapter 40-54 / Section 40-54-08
40-54-08. Payment of assessments - Interest
Status: in_force

40-54-08. Payment of assessments - Interest

All assessments for gravel projects shall be payable in equal annual amounts extending

over such period as may be determined by the governing body, not exceeding three years, and

shall bear interest at an annual rate of not more than two percentage points above the average

net annual interest rate on any warrants for the total amount of the assessments remaining

unpaid. Anyone may pay such assessments in one single payment, and anyone who has paid

any one or more installments may pay the balance in one payment. When the assessment

against any lot or tract has been paid, the lien against the lot or tract shall be canceled and

annulled.
N.D. Cent. Code § 40-02-11 — ND Code / Title 40 / Chapter 40-02 / Section 40-02-11
40-02-11. Division into wards
Status: in_force

40-02-11. Division into wards

If a majority of the votes cast on the question at the election provided for in this chapter

favored incorporation as a city, the board of county commissioners that ordered the election

shall, if the territory has been incorporated as a city under the council form of government,

divide the city into wards. The city may not be divided into wards unless it has more than six

hundred inhabitants. If the city has more than six hundred inhabitants, one ward must be formed

for each two council members to which the city is entitled. In cities of more than fifteen thousand

inhabitants, however, the number of wards is limited to seven originally, and that number may

be increased thereafter as provided in this title. Each ward must be formed from contiguous

territory, and all wards must be numbered consecutively and must have, as nearly as

practicable, the same number of inhabitants. After the election of council members, the

governing body of the city shall form or establish wards pursuant to law.
N.D. Cent. Code § 40-33-25 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-25
40-33-25. Surplus funds of jointly operated utility
Status: in_force

40-33-25. Surplus funds of jointly operated utility

Any surplus funds of any jointly operated utility, as provided for in section 40-33-22, shall be

distributed to the participating municipalities ratably in proportion to their interest or ownership

therein. Such surplus funds received by any municipality shall be disposed of by the governing

body of the municipality in accordance with the provisions of section 40-33-12.
N.D. Cent. Code § 40-56-01 — ND Code / Title 40 / Chapter 40-56 / Section 40-56-01
40-56-01. Definitions
Status: in_force

40-56-01. Definitions

As used in this chapter, unless the context or subject matter otherwise requires:

1. "Block of pavement" means the length of any street between two intersecting streets.

2. "Residential block" means any block in which sixty percent or more of the property

abutting the street shall be residential property, such percentage to be computed by

dividing the total front feet of residential property on both sides of the street by the total

front feet of both sides of the street in said block.

3. "Residential paving project" means any paving project involving the pavement of any

street or streets when seventy-five percent or more of the block of paving therein shall

be residential block.

4. "Residential property" means and includes property actually used for residential

purposes, all schools, churches, apartments, and the yards appurtenant thereto,

vacant or unoccupied lots, and all other lots not actually used for or occupied by

business or commercial structures or businesses.
N.D. Cent. Code § 40-18.1-11 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-11
40-18.1-11. Costs and fees
Status: in_force

40-18.1-11. Costs and fees

1. A municipal court:

a. May not assess costs or fees against any individual except as specifically

provided in this chapter.

b. May assess a fee under subsection 2 of section 40-05-06.

c. May assess a court administration fee and a community service supervision fee

in an amount not to exceed the amounts allowed under section 29-26-22.

d. Shall assess the crime victim and witness program fee under section 27-01-10.

2. The judgment must itemize the fines and fees assessed.
N.D. Cent. Code § 40-20-02 — ND Code / Title 40 / Chapter 40-20 / Section 40-20-02
40-20-02. Assistant city attorneys - Appointment - Special counsel authorized
Status: in_force

40-20-02. Assistant city attorneys - Appointment - Special counsel authorized

With the consent and approval of the governing body of the city, the city attorney may

appoint assistants to do any or all of the acts which the city attorney is required to do under this

chapter, but the city attorney shall be responsible to the city for the acts of such assistants. The

governing body of the city, however, may employ and pay special counsel when it deems such

counsel to be necessary for the best interests of the city.
N.D. Cent. Code § 40-22.1-02 — ND Code / Title 40 / Chapter 40-22.1 / Section 40-22.1-02
40-22.1-02. Improvement districts to be created
Status: in_force

40-22.1-02. Improvement districts to be created

For an improvement project under section 40-22.1-01 and defraying the costs of the project

by special assessments, a municipality may create and alter a business improvement district by

ordinance or resolution. The governing body of the municipality shall designate the district by an

appropriate name and by a number distinguishing it from other improvement districts. A

municipality may make and finance any improvement and levy special assessments for the

improvement under any alternate procedure in this title. If the proposal for creation of an

improvement project under this chapter is made by any person, group, or entity that is not an

officer, board, or agency of the municipality, the person, group, or entity shall file a bond or other

sufficient security, payable to the municipality, to defray all costs incurred if the improvement

project is later barred under section 40-22.1-08. The bond or other sufficient security must be

filed with the city auditor prior to the initiation of any further proceedings under this chapter. The

governing body of the municipality shall determine the amount and form of the bond or other

sufficient security.
N.D. Cent. Code § 40-49-20 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-20
40-49-20. Park districts may adopt civil service systems
Status: in_force

40-49-20. Park districts may adopt civil service systems

The board of park commissioners of a park district in any city which has adopted a civil

service system pursuant to the provisions of chapter 40-44, may, with the consent of the

governing body of such city, provide that the employees of such park district shall be subject to

the provisions of said chapter 40-44; provided, that appointments to positions of employment

within such park district shall be made by the board of park commissioners of the district.
N.D. Cent. Code § 40-61-14 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-14
40-61-14. Tax exemptions
Status: in_force

40-61-14. Tax exemptions

1. It is hereby determined that the creation of an authority and the carrying out of its

corporate purposes is in all respects for the benefit of the people of the city which has

authorized it and its environs, and is a public purpose, and an authority shall be

regarded as performing a governmental function in the exercise of the powers

conferred upon it by this chapter and shall be required to pay no ad valorem taxes

upon any of the property acquired by it or under its jurisdiction or control or supervision

or upon its activities. If property acquired by an authority is leased to any person and is

used exclusively for automobile parking for general public patronage, the leasehold

interest of the lessee shall not be subject to ad valorem taxation if exempt from such

taxation by the governing board of the city in which such authority is located.

2. Any bonds or notes issued pursuant to this chapter, together with the income

therefrom, as well as the property of an authority, shall be exempt from taxation,

except for transfer and estate taxes.
N.D. Cent. Code § 40-40-13 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-13
40-40-13. County treasurer to collect municipal taxes
Status: in_force

40-40-13. County treasurer to collect municipal taxes

The county treasurer shall collect all municipal taxes, together with the interest and

penalties thereon, if any, in the same manner as the general taxes are collected, and shall pay

over to the city auditor, on or before the tenth working day of each calendar month, all taxes so

collected during the preceding month, with interest and penalties collected thereon.
N.D. Cent. Code § 40-33-03 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-03
40-33-03. Sale or lease of plant, system, or line - Offer or written proposition - Election - Proceeds
Status: in_force

40-33-03. Sale or lease of plant, system, or line - Offer or written proposition -

Election - Proceeds.

No municipality shall sell any municipal plant, system, or line, nor lease the same, or any

substantial part thereof, or interest therein, to any person, firm, corporation, or limited liability

company unless the person, firm, corporation, or limited liability company shall have filed in the

office of the auditor of the municipality a complete written offer or proposition, nor unless a

majority of the qualified electors of the municipality shall have voted in favor of accepting the

offer or proposition at an election called, held, and conducted as specified in section 40-33-02. A

copy of the offer or proposition shall be published with the notice of the election. The proceeds

of any sale or lease made according to this section shall be applied toward the payment of the

existing indebtedness of the municipality incurred for the purpose of purchasing, erecting,

operating, or enlarging, improving, or extending such plant, system, or line. The purchaser or

lessee, however, shall not be required to see that the consideration of the purchase or lease is

applied correctly as provided in this section, but the purchaser or lessee shall be protected fully

in making the payment or payments by the receipt of the city auditor. Nothing contained in this

section shall prevent the governing body from selling or disposing of any machinery, material, or

other property belonging to any such utility which may have been inadequate or insufficient for

the purposes for which it was intended to be used. This section does not apply to a lease by a

municipality of any plant, system, or line to the state or any agency or institution of the state

pursuant to subsection 5 of section 40-33-01.
N.D. Cent. Code § 40-52-08 — ND Code / Title 40 / Chapter 40-52 / Section 40-52-08
40-52-08. Council member changing wards can continue in office
Status: in_force

40-52-08. Council member changing wards can continue in office

A council member who was duly elected, but because of the change in boundaries of the

ward no longer resides within the ward from which the member was elected, but is still residing

within the city limits, can continue in office for the term for which the member was elected and

until a successor is duly elected and qualified for the ward.
N.D. Cent. Code § 40-13-06 — ND Code / Title 40 / Chapter 40-13 / Section 40-13-06
40-13-06. Penalty for illegal interest in contract of municipality - Contract void
Status: repealed

40-13-06. Penalty for illegal interest in contract of municipality - Contract void

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 40-33.2-01 — ND Code / Title 40 / Chapter 40-33.2 / Section 40-33.2-01
40-33.2-01. Findings and purpose
Status: in_force

40-33.2-01. Findings and purpose

The purpose of this chapter is to provide a means for North Dakota cities which operate a

utility under law for the local distribution of electric energy to secure, by individual or joint action

among themselves or by contract with other public or private entities within or outside the state,

an adequate, economical, and reliable supply of energy. To accomplish this purpose it is

necessary for cities to have the authority, by agreement between two or more of their number, to

create a separate municipal corporation with the power and authority to finance and acquire

facilities for the generation or transmission of electric energy or interests in those facilities or

rights to part or all of the capacity thereof. It is determined that an adequate, economical, and

reliable supply of electric energy is essential to the orderly growth and prosperity of

communities, and a shortage of electrical energy is inimical to the safety, health, welfare, and

prosperity of residents of the state and to the sound growth and development of its

communities. Such a shortage exists and is expected to continue and increase because of the

difficulty in the operation of municipal generating plants, of achieving economies of size, limiting

environmental impacts, and providing for peak loads. Accordingly, it is determined that the

exercise of the authority granted herein will benefit the people of the state and serve a valid

public purpose in improving and otherwise promoting their health, welfare, and prosperity.
N.D. Cent. Code § 40-04-11 — ND Code / Title 40 / Chapter 40-04 / Section 40-04-11
40-04-11. Procedure when election favors changing from commission system of government
Status: in_force

40-04-11. Procedure when election favors changing from commission system of

government.

If a majority of the votes cast on the question at the election provided for in section 40-04-10

favor the proposition submitted at such election, the officers elected at the next biennial election

shall be those prescribed by the provisions of this title relating to cities organized under the city

council form of government. Upon the qualification of such officers, the city shall become a city

under the council form of government.
N.D. Cent. Code § 40-04.1-05 — ND Code / Title 40 / Chapter 40-04.1 / Section 40-04.1-05
40-04.1-05. Meetings - Regular, special, and for organization
Status: in_force

40-04.1-05. Meetings - Regular, special, and for organization

The city council shall hold its regular meetings at least once a month and may prescribe by

ordinance the manner in which special meetings may be called. The city council shall establish

by resolution or ordinance the date of its regular meetings. The meeting for the organization of

the city council must be held in conjunction with the first meeting in July of each even-numbered

year.
N.D. Cent. Code § 40-46-14 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-14
40-46-14. Definitions for benefit purposes
Status: in_force

40-46-14. Definitions for benefit purposes

The benefits provided for in section 40-46-13 shall be subject to the following definitions:

1. "Child" or "children" means only the surviving issue of a deceased active or retired

employee, or the child or children legally adopted by a deceased employee prior to the

employee's retirement from active service, or by a retired employee prior to February

21, 1941.

2. "Widow" or "husband" means only the surviving spouse of a marriage contracted prior

to the retirement of a deceased employee from active service, or of a marriage of a

retired employee contracted prior to February 21, 1941.
N.D. Cent. Code § 40-34-14 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-14
40-34-14. Payment of bonds by taxation - Limitations
Status: in_force

40-34-14. Payment of bonds by taxation - Limitations

Municipalities issuing bonds under this chapter, the principal or interest of which are not to

be paid out of funds created from service charges as provided in this chapter, may raise such

sum annually by taxation as the governing body or the respective governing bodies may deem

necessary to pay the interest on such bonds and to create a sinking fund to pay the principal

thereof as it falls due, but the amounts so raised shall not exceed in amount the limitations

provided in chapter 21-03.
N.D. Cent. Code § 40-58-14 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-14
40-58-14. Title of purchaser
Status: in_force

40-58-14. Title of purchaser

Any instrument executed by a municipality and purporting to convey any right, title, or

interest in any property under this chapter shall be conclusively presumed to have been

executed in compliance with the provisions of this chapter insofar as title or other interest of any

bona fide purchasers, lessees, or transferees of such property is concerned.
N.D. Cent. Code § 40-26-04 — ND Code / Title 40 / Chapter 40-26 / Section 40-26-04
40-26-04. Reassessment made upon refusal of judgment for collection of special assessments or assessment declared void
Status: in_force

40-26-04. Reassessment made upon refusal of judgment for collection of special

assessments or assessment declared void.

When judgment for the collection or enforcement of any special assessment shall be

refused or denied by any court, or when any court shall set aside any special assessment upon

any lot or parcel of land or declare the same to be void for any cause, such lot or parcel of land

may be reassessed or newly assessed from time to time until each separate lot, piece, or parcel

of land has paid its proportionate part of the costs and expenses of such improvement.
N.D. Cent. Code § 40-31-07 — ND Code / Title 40 / Chapter 40-31 / Section 40-31-07
40-31-07. Curbing not to be paid for by general taxation - Exception
Status: in_force

40-31-07. Curbing not to be paid for by general taxation - Exception

Except as otherwise provided in this chapter, a city shall not be liable generally on any

contract for the building or repairing of curbing and shall not be required to pay funds raised by

general taxation upon any such contract.
N.D. Cent. Code § 40-57.3-01.1 — ND Code / Title 40 / Chapter 40-57.3 / Section 40-57.3-01.1
40-57.3-01.1. City lodging and restaurant tax - Imposition - Amount - Disposition - Referral
Status: in_force

40-57.3-01.1. City lodging and restaurant tax - Imposition - Amount - Disposition -

Referral.

In addition to the tax under section 40-57.3-01, the governing body of any city, by ordinance,

may impose a city tax, at a rate not to exceed one percent, upon the gross receipts of retailers

on the leasing or renting of hotel, motel, or other accommodations within the city for periods of

fewer than thirty consecutive calendar days or one month and upon the gross receipts of a

restaurant from any sales of prepared food or beverages, not including alcoholic beverages for

consumption off the premises where purchased, which are subject to state sales taxes. For

purposes of this section, "restaurant" means any place where food is prepared and intended for

individual portion service for consumption on or off the premises and "prepared" includes

heating prepackaged food. Accommodations, food, and beverages may all, each, or in any

combination be subject to the tax under this section, if all items in any category which are

taxable under state law are taxable, except as otherwise provided in this section. The tax

imposed under this section is in addition to state sales taxes on rental accommodations and

restaurant sales and any city that imposes the tax under this section shall deposit all proceeds

in the city visitors' promotion capital construction fund. Moneys deposited in the city visitors'

promotion capital construction fund must be spent only as provided in this chapter. An ordinance

adopted under this section may not become effective sooner than sixty days after it is adopted

by the governing body of the city. The provisions of chapter 40-12 with regard to referral of

ordinances apply to an ordinance adopted under this section except that a petition to refer an

ordinance adopted under this section must be presented to the governing body of the

municipality before four p.m. on the sixty-fourth day after the ordinance described in the petition

was adopted by the governing body of the municipality. Revenues from a tax imposed under this

section may not be pledged under section 40-57.3-03 to payment of bonds or evidences of

indebtedness until after the time has passed for filing a referral petition against an ordinance

under this section or, if a referral petition is filed, until after the referral petition has been

submitted to the vote of the electors of the municipality.
N.D. Cent. Code § 40-39-06 — ND Code / Title 40 / Chapter 40-39 / Section 40-39-06
40-39-06. Petition filed with city auditor - Notice published - Contents of notice
Status: in_force

40-39-06. Petition filed with city auditor - Notice published - Contents of notice

If the governing body finds that the petition for vacation is in proper form and contains the

requisite signatures, and if it deems it expedient to consider such petition, it shall order the

petition to be filed with the city auditor who shall give notice by publication in the official

newspaper of the municipality at least once each week for four weeks. The notice shall state

that a petition has been filed and the object thereof, and that it will be heard and considered by

the governing body or a committee thereof on a certain specified day which shall be not less

than thirty days after the first publication of the notice.
N.D. Cent. Code § 40-22-06 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-06
40-22-06. Agreement with state agency, county, water resource district, or federal agency for certain improvements
Status: in_force

40-22-06. Agreement with state agency, county, water resource district, or federal

agency for certain improvements.

Any municipality in this state, through its governing body, may enter into an agreement with

any state agency, the board of county commissioners, or water resource board of the county in

which the municipality is located, or a joint water resource board which jurisdiction includes the

municipality, or any federal agency, or any combination thereof, for the improvement of streets,

sewers, water mains, flood control projects, or of any of such facilities, under the terms of which

the contract for such work is to be let by the state agency, the board of county commissioners,

water resource board, joint water resource board, the federal agency, or any combination

thereof, and for this purpose may create a special improvement district or districts. No such

agreement may be entered into until and unless the governing body certifies that it has obtained

authority in accordance with this section to issue improvement warrants to finance the amount

that the municipality will be obligated to pay thereunder, over and above the amount of any

bonds which have been voted and any other funds which are on hand and properly available for

such purpose. If any portion of the cost is to be paid by the levy of special assessments, the

governing body shall by resolution declare the necessity of the improvement, setting forth its

general nature, the approximate amount or fraction of the cost which the municipality will be

obligated to pay under the agreement, and the fact that this amount, or such lesser amount as

the governing body may specify, is proposed to be paid by the levy of special assessments

upon property determined to be benefited by the improvement. Any portion of the cost for which

the municipality is obligated and which is not assessed upon benefited property or paid from

other funds may be agreed to be paid by general taxation of all the taxable property in the

municipality, if approval for the incurring of such debt is obtained and provision for the payment

thereof is made in accordance with section 40-24-10. The resolution of necessity must be

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

municipality and protests may be filed and their sufficiency to bar the improvement must be

determined in accordance with sections 40-22-16 through 40-22-18. However, if under the terms

of the resolution of necessity the portion of the cost of the project to be assessed upon benefited

property does not exceed twenty-five percent of the total cost to be paid by the state agency,

county, water resource board, joint water resource board, federal agency, and municipality,

written protests by the owners of seventy-five percent of the property liable to be assessed for

the improvement shall be required to bar further proceedings with reference thereto. At any time

after the period for filing protests has expired and the protests filed, if any, have been heard and

determined to be insufficient, the governing body may issue warrants on the fund of the

improvement in the total amount for which the municipality is obligated under the agreement,

and may cause to be certified to the special assessment commission that portion of the cost to

be borne by the property owners within the district, and the assessment of such amount may be

made and such warrants may be issued as in other cases provided for in chapters 40-23 and

40-24.
N.D. Cent. Code § 40-44-03 — ND Code / Title 40 / Chapter 40-44 / Section 40-44-03
40-44-03. Form of ballot to be used in voting upon adoption of civil service system - Vote required to adopt
Status: in_force

40-44-03. Form of ballot to be used in voting upon adoption of civil service system -

Vote required to adopt.

At any election held to determine whether a city shall adopt a civil service system under the

provisions of this chapter, the question shall be submitted to the electors in substantially the

following form:

Shall the city adopt the civil service system?

Yes ☐

No ☐

If sixty percent of the votes cast upon the question favor the adoption of a civil service system,

the governing body of the city, within sixty days after the election, shall pass the necessary

ordinance and adopt a civil service system as is provided in this chapter.
N.D. Cent. Code § 40-23-21 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-21
40-23-21. Use of collections of subsequent assessments
Status: in_force

40-23-21. Use of collections of subsequent assessments

1. All collections of special assessments levied pursuant to sections 40-23-17 through

40-23-21 shall be credited as received to the special fund maintained by the

municipality for the payment of any outstanding special improvement warrants,

refunding improvement bonds, general obligation bonds, or revenue bonds which were

issued to finance the improvement for which the assessments were levied, or, if no

such obligations are outstanding, to such fund as the governing body may direct.

2. If a governing body of a municipality levied and collected an infrastructure fee under

section 40-22-01.3, the funds generated by the fee must be used for the payment of

any outstanding special improvement warrants, refunding improvement bonds, general

obligation bonds, or revenue bonds issued to finance the improvement. The governing

body of a municipality may not use funds generated by an infrastructure fee imposed

after July 1, 2021, for the payment of any outstanding special improvement warrants,

refunding improvement bonds, general obligation bonds, or revenue bonds, issued

before July 1, 2021, for the purpose of financing green field special assessments, as

defined in section 40-05.1-06.
N.D. Cent. Code § 40-22-36 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-36
40-22-36. Contracts - Conditions and terms
Status: in_force

40-22-36. Contracts - Conditions and terms

A contract let under the provisions of this chapter shall require the work to be done pursuant

to the plans and specifications on file in the office of the city auditor, subject to the approval of

the engineer acting for the municipality, and shall provide further:

1. That the governing body shall have the right to suspend the work at any time for

improper construction and to relet the contract therefor or to order a reconstruction of

the work as to any part thereof improperly done.

2. The time within which the work shall be completed.

3. The period of time for which the work shall be guaranteed as to workmanship and

materials.

4. The fund from which the contract price is to be paid by the municipality.

5. That the consideration expressed in the contract is payable only in warrants drawn on

the fund described in the contract.

6. That the municipality assumes and incurs no general liability under such contract.

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

specifications and acceptance of the job by the engineer shall not release the

contractor from liability for any failure on the contractor's part to perform work or

furnish materials in accordance with the plans and specifications.

The engineer 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

construction of part or all of an improvement after a contract has been awarded and before work

thereunder has been completed a municipality may, with the consent of the contractor and

without advertising for bids, order additional work done by that contractor 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 the contractor for such additional work shall not

exceed twenty percent of the amount estimated by the engineer for the municipality to be

payable for that character of work under the original contract.
N.D. Cent. Code § 40-33-05 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-05
40-33-05. Payment of cost of plant, system, or line by special assessment warrants - Payment of assessments - Interest
Status: in_force

40-33-05. Payment of cost of plant, system, or line by special assessment warrants -

Payment of assessments - Interest.

If the governing body of the municipality deems it advisable to pay the whole or any part of

the cost of a municipal utility by special assessment warrants, it shall create a special

assessment district by ordinance. The district shall include, as nearly as may be determined, all

of the property in the municipality which will be benefited by the improvement, and may include

the entire municipality or a portion thereof. The governing body thereafter shall adopt a

resolution of necessity and hold a hearing thereon, estimate the amount of the cost of the

improvement, let a contract or contracts therefor, create a fund for the district, issue and sell the

warrants of the municipality drawn on the fund, complete the work of the improvement, and

assess the property benefited thereby upon notice and in the form and manner specified by the

provisions of chapters 40-22 through 40-26 insofar as such provisions are applicable to an

improvement being made under this chapter. The special assessments levied shall be payable

in equal annual installments extending over a period of not more than twenty years and shall

bear interest at an annual rate of not more than one and one-half percentage points above the

average net annual interest rate on any warrants for the payment of which they are pledged on

the total amount of the assessments remaining unpaid.
N.D. Cent. Code § 40-61-18 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-18
40-61-18. Termination of an authority
Status: repealed

40-61-18. Termination of an authority

Repealed by S.L. 1969, ch. 387, § 9.
N.D. Cent. Code § 40-15-01 — ND Code / Title 40 / Chapter 40-15 / Section 40-15-01
40-15-01. Officers to be elected in commission cities
Status: in_force

40-15-01. Officers to be elected in commission cities

The following officers shall be elected in each city operating under the commission system

of government:

1. A president of the board of city commissioners.

2. Four city commissioners.

Each city operating under the commission system of government may choose to have a

municipal judge who shall be elected.
N.D. Cent. Code § 40-32-05 — ND Code / Title 40 / Chapter 40-32 / Section 40-32-05
40-32-05. Limitation on making improvement
Status: in_force

40-32-05. Limitation on making improvement

An improvement provided for in this chapter may be made or maintained only in a block of

the city in which the same improvement has been or is being made or maintained by the owners

of two-thirds of the entire frontage in the block on the boulevard affected.
N.D. Cent. Code § 40-54-12 — ND Code / Title 40 / Chapter 40-54 / Section 40-54-12
40-54-12. Optional method of graveling streets
Status: in_force

40-54-12. Optional method of graveling streets

It is the intent of this chapter to provide an optional and discretionary method of graveling

streets and levying special assessments therefor in addition to those provided by existing

statutes, and in all matters not specifically provided for in this chapter, the provisions of chapters

40-23, 40-24, and 40-25 shall govern.
N.D. Cent. Code § 40-50.1-11 — ND Code / Title 40 / Chapter 40-50.1 / Section 40-50.1-11
40-50.1-11. Resurveys to determine merits of objections
Status: in_force

40-50.1-11. Resurveys to determine merits of objections

After hearing objections to the corrected plat, the governing body may order surveys and

resurveys to determine the merit of any claim or objection. The governing body may adjourn the

hearing until the necessary information is available.
N.D. Cent. Code § 40-33.2-10 — ND Code / Title 40 / Chapter 40-33.2 / Section 40-33.2-10
40-33.2-10. Authorized investments - Security for public deposits
Status: in_force

40-33.2-10. Authorized investments - Security for public deposits

Notwithstanding any other law to the contrary, the state of North Dakota and all its public

officers, governmental units, agencies, and instrumentalities, all banks, trust companies,

savings and loan associations, investment companies, credit unions, and other persons carrying

on a banking business, and all executors, administrators, guardians, trustees, and other

fiduciaries, and the Bank of North Dakota, may legally invest any sinking funds, money, or other

funds belonging to them or within their control in any bonds or notes issued pursuant to this

chapter.
N.D. Cent. Code § 40-18.1-14 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-14
40-18.1-14. Commitment for nonpayment of fines or costs
Status: in_force

40-18.1-14. Commitment for nonpayment of fines or costs

Any individual upon whom any fine or costs, or both, has been imposed for violation of a

municipal ordinance may, after hearing, be committed upon order of the court to jail or other

place provided by the municipality for the incarceration of offenders until the fine or costs, or

both, are fully paid. The court may not commit an individual under this section when the reason

for the individual's nonpayment of fines or costs is the individual's indigency. A commitment

order issued under this section may not exceed thirty days. As used in this section, "fine" does

not include a fee established under subsection 2 of section 40-05-06.
N.D. Cent. Code § 40-10-07 — ND Code / Title 40 / Chapter 40-10 / Section 40-10-07
40-10-07. Conflict of powers and duties of city manager and other officers - Who to govern
Status: in_force

40-10-07. Conflict of powers and duties of city manager and other officers - Who to

govern.

If the powers granted to a city manager by this chapter shall conflict with or shall be

opposed to the powers or duties imposed upon or granted by law to the executive officer or

governing body, the powers or duties imposed or granted by law to the executive officer or the

governing body shall be deemed to be suspended for and during the period in which the city

manager plan is in force in the city and during the employment of a city manager thereunder.
N.D. Cent. Code § 40-23-07 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-07
40-23-07. Determination of special assessments by commission - Political subdivisions not exempt
Status: in_force

40-23-07. Determination of special assessments by commission - Political

subdivisions not exempt.

Whenever the commission makes any special assessment, the commission shall determine

the particular lots and parcels of land which, in the opinion of the commission, will be especially

benefited by the construction of the work for which the assessment is to be made. The

commission shall determine the amount in which each of the lots and parcels of land will be

especially benefited by the construction of the work for which such special assessment is to be

made, and shall assess against each of such lots and parcels of land such sum, not exceeding

the benefits, as is necessary to pay its just proportion of the total cost of such work, or of the

part thereof which is to be paid by special assessment, including all expenses incurred in

making such assessment and publishing necessary notices with reference thereto and the per

diem of the commission. However, as an alternative to the procedure provided in this section,

the special assessment commission may, in its discretion, determine and allocate the cost of

special assessments in accordance with the method provided for in chapter 40-23.1. Property

owned by a nonprofit entity and used exclusively as a cemetery is exempt from collection of

special assessments for benefits conferred under this title and the city in which such property is

located shall provide for the payment of special assessments, installments, and interest against

such property by the levy of taxes according to law or by payment from other funds available to

the city which are derived from sources other than special assessments. Benefited property

belonging to counties, cities, school districts, park districts, and townships is not exempt from

such assessment, and such public corporations whose property is so assessed shall provide for

the payment of such assessments, installments thereof and interest thereon, by the levy of

taxes according to law. Nothing in this section may be deemed to amend other provisions of law

with reference to the levy of assessments on property sold for delinquent taxes.
N.D. Cent. Code § 40-16-08 — ND Code / Title 40 / Chapter 40-16 / Section 40-16-08
40-16-08. Auditor a member of board of public works in commission city
Status: in_force

40-16-08. Auditor a member of board of public works in commission city

The city auditor in a city operating under the commission system of government shall be ex

officio secretary of the board of public works and shall perform the duties of a member of such

board.
N.D. Cent. Code § 40-28-11 — ND Code / Title 40 / Chapter 40-28 / Section 40-28-11
40-28-11. Duties of street commissioner in certain cities
Status: in_force

40-28-11. Duties of street commissioner in certain cities

In cities which have no city engineer, the street commissioner shall perform the duties

enjoined upon the city engineer under the provisions of this chapter, if no engineer is employed

by the governing body of the municipality for such purposes.
N.D. Cent. Code § 40-29-07 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-07
40-29-07. Bids for sidewalks
Status: in_force

40-29-07. Bids for sidewalks

Bids for the construction of sidewalks in a city must be made in accordance with chapter

48-01.2.
N.D. Cent. Code § 40-01-24 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-24
40-01-24. Firefighters may solicit charitable contributions from motorists
Status: in_force

40-01-24. Firefighters may solicit charitable contributions from motorists

Notwithstanding section 39-10-34 or any other provision of law, a city, by resolution, may

permit permanent, on-duty or off-duty, full-time firefighters employed by the city or volunteers

serving the city to solicit charitable contributions from motorists under the following conditions:

1. The solicitation is limited to one charitable organization annually which is qualified

under section 501(c)(3) of the Internal Revenue Code [26 U.S.C. 501(c)(3)] and is

registered under state law.

2. The solicitation is limited to three days in the calendar year.

3. The charitable organization provides the city proof of commercial general liability

insurance against claims for bodily injury and property damage that may occur on the

public streets, roads, or right of ways as a result of the actions of those soliciting.
N.D. Cent. Code § 40-48-12 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-12
40-48-12. Permission to construct when plan adopted - Disapproval of permission - Overruling - Failure to act on permission
Status: in_force

40-48-12. Permission to construct when plan adopted - Disapproval of permission -

Overruling - Failure to act on permission.

When the governing body shall have adopted the master plan of the municipality or any

major section or district thereof, no street, square, park, or other public way, ground, or open

space, or public building or structure shall be constructed or authorized in the area shown on

the master plan until the location, character, and extent thereof shall have been submitted to

and approved by the planning commission. In case of disapproval thereof, the commission shall

communicate its reasons to the governing body, which may overrule such disapproval by a

recorded vote of not less than two-thirds of its entire membership. If the public way, ground,

space, building, or structure is one the construction, financing, or authorization of which does

not fall within the province of the governing body, the submission to the planning commission

shall be by the board, commission, or body having such jurisdiction, and the planning

commission's disapproval may be overruled by said board, commission, or body by a vote of not

less than two-thirds of its membership. The failure of the commission to act upon such

submission within sixty days from and after the date of the official submission to the commission

shall be deemed to be an approval.
N.D. Cent. Code § 40-13-05.1 — ND Code / Title 40 / Chapter 40-13 / Section 40-13-05.1
40-13-05.1. Municipal officers - Contracts - Disclosure required - Penalty
Status: in_force

40-13-05.1. Municipal officers - Contracts - Disclosure required - Penalty

A municipal officer may not refuse or fail to disclose to the governing board of which that

person is a member any personal interest, direct or indirect, in any contract requiring the

expenditure of municipal funds. Any person who violates this section is guilty of an infraction

and is, in addition, subject to removal from office.
N.D. Cent. Code § 40-57-07 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-07
40-57-07. Cost of project - How determined
Status: in_force

40-57-07. Cost of project - How determined

In determining the cost of a project, the governing body may include all costs and estimated

costs of the issuance of the revenue bonds; all engineering, inspection, fiscal, and legal

expenses; any bond reserves and the interest that it is estimated will accrue during the

construction period and for six months thereafter on money borrowed or which it is estimated

will be borrowed under this chapter; and the cost of retiring any existing indebtedness that the

governing body of the municipality determines to be necessary or desirable and in furtherance

of the public health or welfare, regardless of whether the existing indebtedness constitutes all or

a portion of the cost being financed by the issuance of the bonds.
N.D. Cent. Code § 40-61-13 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-13
40-61-13. Bonds legal investments for public officers
Status: in_force

40-61-13. Bonds legal investments for public officers

Except as otherwise provided in the Constitution of North Dakota, the bonds are hereby

made securities in which all public officers and bodies of this state and all municipalities and

municipal subdivisions, all banks, bankers, trust companies, savings banks, savings

associations, including savings and loan associations, investment companies, and other

persons carrying on a banking business, and all other persons whatsoever except as hereinafter

provided, who are now or may hereafter be authorized to invest in bonds or other obligations of

the state, may properly and legally invest funds, including capital in their control or belonging to

them. However, notwithstanding the provisions of any other general or special law to the

contrary, the bonds are not eligible for the investment of funds, including capital, of trusts,

estates, or guardianships under the control of individual administrators, guardians, executors,

trustees, and other individual fiduciaries. The bonds are authorized securities which may be

deposited with and shall be received by all public officers and bodies of this state and all

municipalities and municipal subdivisions for any purpose for which the deposit of bonds or

other obligations of this state is now or may hereafter be authorized.
N.D. Cent. Code § 40-47-01 — ND Code / Title 40 / Chapter 40-47 / Section 40-47-01
40-47-01. Cities may zone - Application of regulations
Status: in_force

40-47-01. Cities may zone - Application of regulations

For the purpose of promoting health, safety, morals, or the general welfare of the

community, the governing body of any city may, subject to the provisions of chapter 54-21.3,

regulate and restrict the height, number of stories, and the size of buildings and other structures,

the percentage of lot that may be occupied, the size of yards, courts, and other open spaces,

the density of population, and the location and use of buildings, structures, and land for trade,

industry, residence, or other purposes. The regulations may provide that a board of adjustment

may determine and vary the application of the regulations in harmony with the regulations'

general purpose and intent and in accordance with general or specific rules contained in the

regulations. The governing body of a city may establish institutional controls that address

environmental concerns with the department of environmental quality as provided in section

23.1-10-16.
N.D. Cent. Code § 40-23-20 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-20
40-23-20. Equalization of original assessments
Status: in_force

40-23-20. Equalization of original assessments

In any assessment proceedings under sections 40-23-17 through 40-23-21 the governing

body of the municipality shall have power to direct the cancellation of uncollected installments of

special assessments previously levied for the same improvement, and the refund of installments

prepaid, to the extent determined by it to be necessary to make the original assessments and

the subsequent assessments bear as nearly as possible the same relation to the total benefits

derived from the improvement by the respective properties assessed.
N.D. Cent. Code § 40-23.1-10 — ND Code / Title 40 / Chapter 40-23.1 / Section 40-23.1-10
40-23.1-10. Confirmation of assessment list after hearing - Filing list
Status: in_force

40-23.1-10. Confirmation of assessment list after hearing - Filing list

The city auditor, after the hearing, shall confirm the list and attach thereto its further

certificate certifying that the list is correct as confirmed. The city auditor thereafter shall file the

assessment list in the city auditor's office.
N.D. Cent. Code § 40-38-09 — ND Code / Title 40 / Chapter 40-38 / Section 40-38-09
40-38-09. Annual report of board of directors - Contents - To whom made
Status: in_force

40-38-09. Annual report of board of directors - Contents - To whom made

The board of directors shall make a report by July first of each year to the governing body of

the city or board of county commissioners, as the case may be, stating:

1. The condition of the library and property.

2. The various sums of money received from all sources.

3. How much money has been expended and for what purpose.

4. The number of library materials on hand.

5. The number of library materials added, withdrawn or lost, and number of materials

loaned out.

6. The type of library materials contained in the library.

7. Such other statistics, information, and suggestions as the board may deem of general

interest or as may be required by the state library.

Copies of the report shall be filed with the governing body of the political subdivision and with

the state library.
N.D. Cent. Code § 40-61-10 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-10
40-61-10. Debt guarantee
Status: in_force

40-61-10. Debt guarantee

Prior to the issuance of any bonds authorized by this chapter, except revenue bonds

authorized in subsection 8 of section 40-61-08, the authority shall require that the payment of

not less than ten percent of the principal and interest of the bonds issued for any project be

guaranteed through the use of one or more of the following methods:

1. A contract of personal guarantee entered into between the authority, the bondholders,

and at least three benefited property owners.

2. The guarantee of said payments by the municipality through the issuance of municipal

bonds or other obligations, budgeting of current funds from revenues derived from its

general fund levy authority, the levy of special assessments or by any combination of

these pursuant to and in accordance with the provisions of chapters 21-03, 40-22 to

40-27, 40-35, 40-40, and 40-57 and of all other applicable laws now in force or

hereinafter enacted.
N.D. Cent. Code § 40-43-07 — ND Code / Title 40 / Chapter 40-43 / Section 40-43-07
40-43-07. Political subdivisions authorized to carry liability insurance - Waiver of immunity to extent only of insurance purchased
Status: repealed

40-43-07. Political subdivisions authorized to carry liability insurance - Waiver of

immunity to extent only of insurance purchased.

Repealed by S.L. 1977, ch. 303, § 18.
N.D. Cent. Code § 40-29-13 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-13
40-29-13. Sidewalks repaired or constructed in municipalities not to be paid for by general taxation - Exception
Status: in_force

40-29-13. Sidewalks repaired or constructed in municipalities not to be paid for by

general taxation - Exception.

Except as otherwise provided in this chapter, a municipality shall not be liable generally on

any contract for the construction, rebuilding, or repairing of sidewalks and shall not be required

to pay funds raised by general taxation upon any such contract.
N.D. Cent. Code § 40-33-14 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-14
40-33-14. Contract to supply surplus water or electricity outside of municipal limits
Status: in_force

40-33-14. Contract to supply surplus water or electricity outside of municipal limits

If the governing body decides to furnish electricity or water outside the municipal limits, it

shall be done by a contract authorized by the governing body and executed on its part by the

executive officer and the city auditor and by the customer or customers to be supplied. No such

contract shall be authorized or entered into at any rate or price for electricity or water which shall

discriminate against the inhabitants of the municipality, or which shall impose any direct tax

burden upon the taxable property in the municipality, or in such amount as will interfere with the

ability of the municipality to provide adequate electricity or water for its own use and the use of

the inhabitants thereof.
N.D. Cent. Code § 40-35-16 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-16
40-35-16. Receiver of undertaking - When appointed
Status: in_force

40-35-16. Receiver of undertaking - When appointed

If the municipality shall default in the payment of the principal or interest on any of the

revenue bonds after the same shall become due, whether at maturity or upon call for

redemption, and such default shall continue for a period of thirty days, or if the municipality or

the governing body, or officers, agents, or employees of the municipality shall fail or refuse to

comply with the provisions of this chapter, or shall default in any agreement made with the

holders of the bonds, any bondholder or bondholders, or the trustee therefor, may apply to the

district court of the county in which the undertaking is located for the appointment of a receiver

of the undertaking whether or not all of the bonds have been declared due and payable and

whether or not such holder, or such trustee therefor, is seeking or has sought to enforce any

other right or to exercise any other remedy in connection with such bonds. Upon such

application, the court may appoint a receiver of the undertaking. If the application is made by the

holders of twenty-five percent in principal amount of such bonds then outstanding, or by any

trustee for holders of such bonds in such principal amount, the court shall appoint a receiver of

the undertaking.
N.D. Cent. Code § 40-58-20.2 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-20.2
40-58-20.2. Tax increment financing proposal - Public hearing - Invitation to representatives of affected taxing districts
Status: in_force

40-58-20.2. Tax increment financing proposal - Public hearing - Invitation to

representatives of affected taxing districts.

1. Before approval of a development or renewal plan for any development or renewal

area under section 40-58-20, the governing body of the municipality shall conduct a

public hearing on the proposal. The governing body shall provide invitations to

participate in the public hearing to the governing body of each county, school district,

and park district within the development or renewal area. At a minimum, the governing

body of the municipality shall provide the following information at the public hearing:

a. The anticipated costs of development of property to be reimbursed by tax

incentives.

b. The anticipated annual revenue from tax increments which will be received to

complete the development or renewal plan.

c. The anticipated date when the plan will be completed, the costs will be fully paid,

and the tax increments will be released.

d. The estimate of the dollars annually attributable to the levies from each taxing

entity which will be credited to the tax increment fund.

2. Before granting a property tax incentive on any parcel of property that is anticipated to

receive a property tax incentive for more than five years, the governing body of the

municipality must comply with the requirements in section 40-05-24.
N.D. Cent. Code § 40-20-05 — ND Code / Title 40 / Chapter 40-20 / Section 40-20-05
40-20-05. Chief of police and police officers - Powers and duties - Hot pursuit
Status: in_force

40-20-05. Chief of police and police officers - Powers and duties - Hot pursuit

1. The chief of police shall perform duties prescribed by the governing body for the

preservation of the peace. The chief of police may administer oaths to police officers

under the chief's supervision. Within the city limits, and for a distance of one and

one-half miles [2.41 kilometers] in all directions outside the city limits, the police

officers of the city shall perform the duties and exercise the powers of peace officers

as defined and prescribed by the laws of this state.

2. A police officer in "hot pursuit" may continue beyond the one and one-half mile [2.41

kilometers] limit to make an arrest, in obedience to a warrant or without a warrant

under the conditions of section 29-06-15, if obtaining the aid of peace officers having

jurisdiction beyond that limit would cause a delay permitting escape. As used in this

subsection, "hot pursuit" means the immediate pursuit of an individual endeavoring to

avoid arrest. The jurisdiction limits in subsection 1 do not apply to a police officer

acting pursuant to a joint powers agreement with another jurisdiction.

3. Police officers shall serve and execute any warrant, writ, process, order, or notice

issued by a municipal judge within the city in any civil or criminal action or proceeding

for or on account of a violation of any city ordinance or in any action or proceeding in

which the city is a party or is interested beneficially. The police, within the limits

prescribed in this section, may serve and execute all writs and process issued by

justices in civil actions. In addition to the duties set out in this section, the police shall

perform such other duties as may be prescribed by ordinance or statute.

4. A police officer maintains the powers under this section throughout the entire state

during a transport or detention under section 29-06-05.3.
N.D. Cent. Code § 40-47-09 — ND Code / Title 40 / Chapter 40-47 / Section 40-47-09
40-47-09. Hearing of appeal by board of adjustment - Notice - Authority of board - Items taken into consideration by board
Status: in_force

40-47-09. Hearing of appeal by board of adjustment - Notice - Authority of board -

Items taken into consideration by board.

The board of adjustment shall fix a reasonable time for the hearing of the appeal and shall

give due notice thereof to the parties. It shall decide the appeal within a reasonable time. Upon

the hearing, any party may appear in person or by agent or by attorney. The board may reverse

or affirm, in whole or in part, or may modify, the order, requirement, decision, or determination

appealed from, and shall make such order, requirement, decision, or determination as in its

opinion ought to be made in the premises, and to that end, the board shall have all the powers

of the officer from whom the appeal is taken. If there is practical difficulty or unnecessary

hardship in the way of carrying out the strict letter of the ordinance, the board, in passing upon

an appeal, may vary or modify any of the regulations or provisions of the ordinance relating to

the use, construction, or alteration of buildings or structures or the uses of land so that the spirit

of the ordinance shall be observed, public safety and welfare secured, and substantial justice

done.
N.D. Cent. Code § 40-50.1-03 — ND Code / Title 40 / Chapter 40-50.1 / Section 40-50.1-03
40-50.1-03. Instruments of dedication - Certifying and recording plat
Status: in_force

40-50.1-03. Instruments of dedication - Certifying and recording plat

The plat must contain a written instrument of dedication, which is signed and acknowledged

by the owner of the land. When there is divided ownership, there must be indicated under each

signature the lot or parts of lots in which each party claims an interest. All signatures on the plat

must be written with black ink, not ballpoint ink. The instrument of dedication must contain a full

and accurate description of the land platted. The registered land surveyor shall certify on the

plat that the plat is a correct representation of the survey, that all distances are correct and

monuments are placed in the ground as shown, and that the outside boundary lines are

correctly designated on the plat. The dedication and certificate must be sworn to before an

officer authorized to administer an oath. The plat must be presented for approval to the

governing body affected by the plat, together with a copy of a title insurance policy or an

attorney's opinion of title, running to the benefit of the governing body affected by the plat,

stating the name of the owner of record.
N.D. Cent. Code § 40-29-01 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-01
40-29-01. Width, materials, and manner of construction of sidewalks prescribed by ordinance
Status: in_force

40-29-01. Width, materials, and manner of construction of sidewalks prescribed by

ordinance.

The governing body, by ordinance, shall prescribe the width of sidewalks and may establish

different widths in different locations. The governing body shall determine and prescribe the kind

and quality of material of which and the manner in which sidewalks shall be constructed, taking

into consideration the business and the amount of travel in the vicinity of each sidewalk. The

ordinance shall be specific, and all contracts for the construction of sidewalks shall be let with

reference thereto.
N.D. Cent. Code § 40-51.2-14 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-14
40-51.2-14. Powers of the administrative law judge - Decision - Terms
Status: in_force

40-51.2-14. Powers of the administrative law judge - Decision - Terms

The administrative law judge shall enter an order setting forth what the administrative law

judge deems to be fair and reasonable terms and conditions and shall direct the annexation in

conformity with those terms and conditions. The administrative law judge may:

1. Approve or disapprove, with or without amendment, wholly, partially, or conditionally

the petition for annexation.

2. Determine the metes and bounds of the territory to be annexed and may include the

same area or a smaller area than that described in the petition.

3. Require payment by the city of a sum determined by the administrative law judge

payable to compensate for the value of public improvements acquired by the

annexation proceedings and to require the assumption by the city of a pro rata share

of any existing bonded indebtedness of any township from which territory is annexed.

4. Require payment by the city of a sum determined by the administrative law judge

payable to compensate a water district for losses resulting from the annexation in

accordance with section 61-35-26.
N.D. Cent. Code § 40-29-02 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-02
40-29-02. Duty of property owners to maintain sidewalks
Status: in_force

40-29-02. Duty of property owners to maintain sidewalks

The owner of any lot or parcel of land adjoining any street, lane, or alley in any incorporated

municipality shall construct, reconstruct, and maintain in good repair such sidewalks along the

street, lane, or alley adjacent to the owner's lot or parcel of land as have been constructed by

the municipality or as have been ordered constructed by ordinance. Such sidewalks shall be of

the material and width and upon the place and grade specified in the ordinance.
N.D. Cent. Code § 40-29-20 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-20
40-29-20. Hearing on snow and ice removal assessment - Confirmation - Certificate attached to assessment list
Status: in_force

40-29-20. Hearing on snow and ice removal assessment - Confirmation - Certificate

attached to assessment list.

At the meeting of the governing body in June or at such later meeting as the hearing and

confirmation of such assessment may be adjourned to, the governing body shall consider and

hear any objection to the snow and ice removal assessment, or to any part thereof, and after

revising or correcting the assessment, if revision or correction is necessary, it shall approve and

confirm the same. The city auditor shall attach to the assessment list the city auditor's certificate

that the list is correct as confirmed by the governing body and shall file the same in the city

auditor's office, and shall certify the assessment in the manner provided in section 40-24-11.
N.D. Cent. Code § 40-33.1-16 — ND Code / Title 40 / Chapter 40-33.1 / Section 40-33.1-16
40-33.1-16. Actions against an authority
Status: in_force

40-33.1-16. Actions against an authority

In every action against an authority for damages, for injuries to real or personal property, or

for the destruction thereof, or for personal injuries or death, the complaint shall contain an

allegation that at least thirty days have elapsed since the demand, claim, or claims upon which

such action is founded were presented to a member of the authority, or to its secretary, or to its

chief executive officer and that the authority has neglected or refused to make an adjustment or

payment thereof for thirty days after such presentment.
N.D. Cent. Code § 40-01-07 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-07
40-01-07. Property exempt from taxation and sale on execution
Status: in_force

40-01-07. Property exempt from taxation and sale on execution

Lands, houses, moneys, claims receivable, and property and assets of every kind and

description belonging to a municipality shall be exempt from taxation and from sale on

execution.
N.D. Cent. Code § 40-54-04 — ND Code / Title 40 / Chapter 40-54 / Section 40-54-04
40-54-04. Notification of award of contract - Contractor's duty - Project number
Status: in_force

40-54-04. Notification of award of contract - Contractor's duty - Project number

If the governing board shall determine that such graveling project should be undertaken, it

shall direct its street department to prepare the surface of such street or portion thereof for such

gravel surfacing, and the city engineer shall notify and direct the holder of the contract for the

furnishing of gravel for such year to deliver in place sufficient gravel to accomplish the gravel

surfacing of said street, specifying the number of yards [0.76 cubic meter], including

intersections if so determined by the governing board, within a reasonable time to be specified

in such notice. The holder of such contract shall within such time deliver said gravel in

accordance with such instructions and the street department shall spread said gravel and

complete the necessary work for the gravel surfacing of said street or portion thereof. Each such

project shall be designated as a particular graveling district by number.
N.D. Cent. Code § 40-04-10 — ND Code / Title 40 / Chapter 40-04 / Section 40-04-10
40-04-10. Procedure upon filing of petition to change from or revert to commission system of government - Election - Ballot
Status: in_force

40-04-10. Procedure upon filing of petition to change from or revert to commission

system of government - Election - Ballot.

When a petition to change from or revert to the commission system of government, with the

city auditor's certificate of sufficiency, is filed with the governing body of a city, or when a

resolution to change or revert has been adopted, the governing body shall call a special election

at which only the question of changing from or reverting to the commission system of

government will be submitted. The date of such election shall not be less than sixty days nor

more than ninety days after the date of the auditor's certificate that a sufficient petition has been

filed. The ballot to be used at the election shall include the issue presented in the petition or

resolution in substantially one of the following forms:

CHANGE FROM COMMISSION SYSTEM OF GOVERNMENT

Shall the city of _______________ change from its organization under the commission

system of government and become a city under the council form of government?

Yes ☐

No ☐

Shall the city of _______________ change from its organization under the commission

system of government and become a city under the modern council form of government

with a five-man council?

Yes ☐

No ☐

Shall the city of _______________ change from its organization under the commission

system of government and become a city under the modern council form of government

with a seven-man council?

Yes ☐

No ☐

Shall the city of _______________ change from its organization under the commission

system of government and become a city under the modern council form of government

with an eleven-man council?

Yes ☐

No ☐

REVERSION TO COMMISSION SYSTEM OF GOVERNMENT

Shall the city of _______________ revert from the council form of government to the

commission system of government?

Yes ☐

No ☐

Shall the city of _______________ revert from the modern council form of government with

a five-man council to the commission system of government?

Yes ☐

No ☐

Shall the city of _______________ revert from the modern council form of government with

a seven-man council to the commission system of government?

Yes ☐

No ☐

Shall the city of _______________ revert from the modern council form of government with

an eleven-man council to the commission system of government?

Yes ☐

No ☐
N.D. Cent. Code § 40-55-01 — ND Code / Title 40 / Chapter 40-55 / Section 40-55-01
40-55-01. Definitions
Status: in_force

40-55-01. Definitions

1. "Governing body" as used in this chapter means city council, board of trustees or

commissioners of any city or township, the board of county commissioners on behalf

of any unorganized township, the trustees of any school district, and the

commissioners of any park district in North Dakota.

2. "Municipality" as used in this chapter refers to and means any city or organized or

unorganized township in North Dakota.
N.D. Cent. Code § 40-50.1-14 — ND Code / Title 40 / Chapter 40-50.1 / Section 40-50.1-14
40-50.1-14. Notice of errors on recorded plat - Certificate by original surveyor
Status: in_force

40-50.1-14. Notice of errors on recorded plat - Certificate by original surveyor

Notwithstanding section 40-50.1-06, if a plat, or what purports to be a plat, has been signed

and filed in the office of the recorder of the county where the land is situated, and the plat fails to

identify or correctly describe the land to be so platted or subdivided, or to show correctly on its

face the tract of land intended or purported to be platted or subdivided, or is defective because

the plat or subdivision and the description of land purported to be so platted or subdivided is

inconsistent or incorrect, the registered land surveyor who prepared the plat may sign a

certificate stating the nature of the error, omission, or defect and stating the information that

surveyor believes corrects the error, supplies the omission, or cures the defect, referring, by

correct book and page or document number, to the plat or subdivision and designating its name,

if it has a name. The registered land surveyor shall date and sign the certificate.
N.D. Cent. Code § 40-03.2-02 — ND Code / Title 40 / Chapter 40-03.2 / Section 40-03.2-02
40-03.2-02. City auditor to pass on sufficiency of petition
Status: in_force

40-03.2-02. City auditor to pass on sufficiency of petition

Within thirty days after a petition to change from the council system of government is filed,

the city auditor shall examine the petition and ascertain from the voters' register whether or not

the petition is signed by the required number of qualified electors. The city auditor shall attach to

the petition the city auditor's certificate showing the result of the city auditor's examination, and if

the city auditor finds the petition to be insufficient the city auditor's certificate shall show the

reason for such determination. An insufficient petition may be amended within ten days after the

city auditor's certificate is made. Within thirty days after an amended petition is filed, the auditor

shall make an examination thereof, and if the city auditor's certificate shows such amended

petition to be insufficient, the petition shall be returned to the person filing the same without

prejudice to the filing of a new petition. If the city auditor shall find the petition or the amended

petition to be sufficient, the city auditor shall place the same with the city auditor's certificate

before the governing body of the municipality.
N.D. Cent. Code § 40-08-19 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-19
40-08-19. Mayor may remove appointive officers - Reasons for removal to be given
Status: in_force

40-08-19. Mayor may remove appointive officers - Reasons for removal to be given

The mayor may remove any officer appointed by the mayor whenever the mayor is of the

opinion that the interests of the city demand such removal, but the mayor shall report the

reasons for such removal to the council at its next regular meeting.
N.D. Cent. Code § 40-48-25 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-25
40-48-25. Erection of buildings on unapproved streets
Status: in_force

40-48-25. Erection of buildings on unapproved streets

After the planning commission shall have adopted a major street plan of the territory within

its subdivision jurisdiction, or of any part thereof, no building shall be erected on any lot within

such territory or part, nor shall a building permit be issued therefor, unless the street giving

access to the lot upon which it is proposed to place such building shall have been accepted or

opened as is provided in section 40-48-24. Any building erected in violation of this section shall

be deemed an unlawful structure, and the building inspector or other appropriate official may

cause it to be vacated and to be removed.
N.D. Cent. Code § 40-27-08 — ND Code / Title 40 / Chapter 40-27 / Section 40-27-08
40-27-08. Contents of refunding warrants and bonds - Redemption - Negotiability - Eligibility as investments
Status: in_force

40-27-08. Contents of refunding warrants and bonds - Redemption - Negotiability -

Eligibility as investments.

The refunding warrants or bonds shall bear such date, be in such denominations, and

mature at such time or times, not exceeding thirty years from date of issue, as the governing

body shall determine. Such warrants or bonds may be made subject to redemption at any

specified time or times if it is so provided in the initial resolution. Refunding warrants or bonds

issued pursuant to this chapter may be designated as "refunding improvement warrants" or

"refunding improvement bonds" as the governing body shall determine; provided, that nothing

herein shall be deemed to subject such warrants or bonds to chapter 21-03 with reference to

general obligation bonds of the municipality. All such warrants or bonds shall be negotiable

within the meaning of and for all the purposes specified in title 41 and shall be valid investments

for fiduciary, corporate, and public funds to the same extent as improvement warrants or bonds.
N.D. Cent. Code § 40-08-17 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-17
40-08-17. Absence or disability of mayor - Acting mayor
Status: in_force

40-08-17. Absence or disability of mayor - Acting mayor

During the absence of the mayor from the city or during the mayor's temporary disability, the

president of the city council shall be the acting mayor and shall possess all the powers of the

mayor. In the absence or disability of the mayor and president of the city council, the vice

president of the city council shall be the acting mayor.
N.D. Cent. Code § 40-23-23 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-23
40-23-23. Assessments for parking improvements
Status: in_force

40-23-23. Assessments for parking improvements

For any improvement consisting of acquiring or leasing of property and easements and

construction of parking lots, ramps, garages, and other facilities for motor vehicles, whether

constructed pursuant to chapter 40-22, 40-60, or 40-61 or other law authorizing a municipality to

acquire facilities used and usable in connection with the parking and storing of motor vehicles,

the governing body of the municipality, on or before October first in any year, may cancel all

installments of special assessments theretofore levied for such facilities which are due and

payable in the following year and all subsequent years, and may levy a new assessment for

such facility in accordance with the law authorizing the initial levy of special assessments

therefor, except that the amount to be newly assessed shall not exceed the total principal

amount of the installments of assessments so canceled. The new assessment shall follow the

same district lines as the original assessment district, and the same method of assessment shall

be used as was used in the original assessment. If the new assessment causes any prepaid

payment to be refunded, the refund plus four and one-half percent interest per annum on the

refunded prepaid payment shall be paid to the person, corporation, or limited liability company

who prepaid the original assessment. In determining the special benefit and levying the new

assessment against any lot or parcel, the previous determination of special benefit in any

previous proceeding shall not be binding upon the assessment commission or governing body,

but the new assessment levied on any lot or parcel, together with the principal amount of the

installments of special assessments previously paid or to be paid in the current year for that lot

or parcel with respect to that facility to be assessed, if any, shall not exceed the total special

benefit to the lot or parcel from the facility for which the assessment is levied. In levying new

assessments pursuant to this authority, an assessment commission and governing body of a

municipality may take into account any changes in conditions affecting the benefits derived and

to be derived from the improvement for which the assessments were initially levied against the

respective properties assessed. Provided, however, that in canceling any special assessments

previously levied and in levying new special assessments, a municipality cannot violate any

covenants or agreements which it has made with holders of any obligations issued by the

municipality to finance the acquisition of that improvement.
N.D. Cent. Code § 40-35-02 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-02
40-35-02. Undertaking defined
Status: in_force

40-35-02. Undertaking defined

The term "undertaking", as used in this chapter, unless a different meaning clearly appears

from the context:

1. Means systems, plants, works, instrumentalities, and properties used in

revenue-producing undertakings, or any combination of two or more of such

undertakings, which are used or useful in connection with:

a. The obtaining of a water supply and the conservation, treatment, distribution, and

disposal of water for public and private uses;

b. The collection, treatment, and disposal of sewage, waste, and storm water;

c. The generation, production, transmission, and distribution of natural, artificial, or

mixed gas, or electric energy, for lighting, heating, and power for public and

private uses;

d. The operation of parking lots, trailer courts, and facilities for motor vehicles and

house trailers;

e. The purchase, acquisition, or establishment, maintenance, and operation of a

public transportation system;

f. The purchase, acquisition, construction, establishment, maintenance, and

operation of an airport and the facilities and services in connection therewith; and

g. The purchase, acquisition, construction, maintenance, and operation of a

hospital; and

2. Includes all parts of any such undertaking and all appurtenances to the undertakings,

including lands, easements, rights in land, water rights, contract rights, franchises,

approaches, dams, reservoirs, generating stations, sewage disposal plants,

intercepting sewers, trunk connections, other sewer and water mains, filtration works,

pumping stations, and equipment, and facilities in and upon such buildings and lands.
N.D. Cent. Code § 40-12-08 — ND Code / Title 40 / Chapter 40-12 / Section 40-12-08
40-12-08. Petition to refer ordinance - Suspension of ordinance - Requirements of petition
Status: in_force

40-12-08. Petition to refer ordinance - Suspension of ordinance - Requirements of

petition.

An ordinance which has been adopted by the governing body of a municipality may be

referred to the qualified electors of the municipality by a petition protesting against such

ordinance. Such petition shall be signed by qualified electors of the municipality equal to at least

ten percent of the entire vote cast for all candidates for executive officer of the municipality at

the preceding regular municipal election and shall be presented to the governing body of the

municipality within ten days and before four p.m. on the tenth day after the ordinance described

in the petition became effective. If a petition is mailed to the governing body of the municipality,

it shall be in the possession of such body before four p.m. on the tenth day after the ordinance

became effective. Unless the ordinance protested against was passed by a four-fifths vote of

the members of the governing body of the municipality for the immediate preservation of the

public peace, health, and safety and contains a statement of its urgency, it shall be suspended

upon the filing of the petition. The petition provided for in this section shall be in all respects in

accordance with the provisions of sections 40-12-02, 40-12-03, and 40-12-04, except as to the

number of signers required, and shall be examined and certified by the city auditor in all

respects as provided in section 40-12-05.
N.D. Cent. Code § 40-09-16 — ND Code / Title 40 / Chapter 40-09 / Section 40-09-16
40-09-16. Board may summon and compel attendance of witnesses and books - Punish for contempt - Process
Status: in_force

40-09-16. Board may summon and compel attendance of witnesses and books -

Punish for contempt - Process.

Whenever it is necessary for the more effective discharge of its duties, the board of city

commissioners may summon and compel the attendance of witnesses and the production of

books and papers before it. The board may punish for contempt of the board with the same

fines and penalties as a district judge may inflict for contempt of the district court. All process

necessary to enforce the powers conferred by this section must be signed by the president of

the board, attested by the city auditor, and served by any member of the police force of the city.
N.D. Cent. Code § 40-50.1-12 — ND Code / Title 40 / Chapter 40-50.1 / Section 40-50.1-12
40-50.1-12. Acceptance or rejection of corrected plat - Recording - Effect of corrected plat
Status: in_force

40-50.1-12. Acceptance or rejection of corrected plat - Recording - Effect of corrected

plat.

After completing the hearing, the governing body shall affirm or reject the corrected plat by

resolution. If the plat is affirmed by a majority vote of the governing body, the plat must be

recorded in the office of the recorder within sixty days and a blueprint of the plat must be filed in

the office of the chief administrative officer. The plat so recorded and filed is the true and correct

plat of the property described and supersedes all previous plats.
N.D. Cent. Code § 40-05-02.2 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-02.2
40-05-02.2. City may levy excise tax on nonprofit liquor dealers by ordinance
Status: in_force

40-05-02.2. City may levy excise tax on nonprofit liquor dealers by ordinance

1. Any city, through the enactment of an ordinance to such effect, may levy a local excise

tax, not in excess of fifty percent, upon the proceeds from gross sales of liquor, as

defined by subsection 6 of section 5-01-01, by any nonprofit corporation licensed by

the city to sell such liquor; provided, however, that no city may levy the tax herein

provided for unless such nonprofit corporation is the only person, firm, association,

corporation, or limited liability company within the corporate limits of such city licensed

to sell such liquor.

2. The city in levying the excise tax provided for in subsection 1 shall provide within the

levying enactment a method of computation, collection, and disposition of such tax

revenue, and a procedure whereby any person aggrieved by such procedure may

appeal to the governing body of the city. The right of appeal from a decision of the

governing body of such city to the district court of the district wherein such city is

located may not be restricted. An appeal taken under this section must be in

accordance with the procedure provided in section 28-34-01.
N.D. Cent. Code § 40-04.1-04 — ND Code / Title 40 / Chapter 40-04.1 / Section 40-04.1-04
40-04.1-04. Restrictions on council member
Status: in_force

40-04.1-04. Restrictions on council member

A city council member is not eligible for any other office the salary of which is payable out of

the city treasury and may not hold any other office under the city government.
N.D. Cent. Code § 40-57-10 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-10
40-57-10. Sale of revenue bonds
Status: in_force

40-57-10. Sale of revenue bonds

Revenue bonds shall be sold at not less than ninety-five percent of par plus any accrued

interest. Such bonds may be sold at private sale, or such bonds may be sold at public sale after

notice of such sale has been published once at least five days prior to such sale in a newspaper

circulating in the municipality. State or national banks may purchase bonds from each issue of

revenue bonds issued under the provisions of this chapter in an amount not to exceed at any

time twenty-five percent of the unimpaired capital and surplus of the bank.
N.D. Cent. Code § 40-48-01 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-01
40-48-01. Definitions
Status: in_force

40-48-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Street" includes streets, highways, avenues, boulevards, parkways, roads, lanes,

walks, alleys, viaducts, subways, tunnels, bridges, public easements and rights of way,

and other ways.

2. "Subdivision" means the division of a tract or parcel of land into lots for the purpose,

whether immediate or future, of sale or of building development, and any plat or plan

which includes the creation of any part of one or more streets, public easements, or

other rights of way, whether public or private, for access to or from such lots, and the

creation of new or enlarged parks, playgrounds, plazas, or open spaces.
N.D. Cent. Code § 40-48-18.1 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-18.1
40-48-18.1. Agreements to not oppose annexation void
Status: in_force

40-48-18.1. Agreements to not oppose annexation void

The planning commission or governing body may not require as a condition of approval of a

request for approval of a plat the execution of an agreement by the owner of the property

requesting the approval stating that the owner will not oppose the annexation of the property by

the municipality. This section does not apply to property located within one quarter mile [.40

kilometer] of the municipality's corporate limits or to an agreement that contains a provision

whereby the municipality agrees to provide a municipal service or services before the

annexation. Any agreement entered in violation of this section is void.
N.D. Cent. Code § 40-48-24 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-24
40-48-24. Improvements in unapproved streets
Status: in_force

40-48-24. Improvements in unapproved streets

The municipality shall not accept, lay out, open, improve, grade, pave, or curb any street, or

lay or authorize the laying of sewers or connections in any street or right of way within any

portion of territory for which the planning commission shall have adopted a major traffic street

plan unless such street:

1. Shall have been accepted or opened as, or otherwise shall have received the legal

status of, a public street prior to the adoption of such plan; or

2. Corresponds with a street shown on the official master plan or with a street on a

subdivision plat approved by the planning commission or with a street on a street map

made and officially adopted by the commission.

The governing body, however, may accept any street not shown or not corresponding with a

street on the official master plan or on an approved subdivision plat or an approved street map if

the ordinance or other measure accepting such street first is submitted to the planning

commission for its approval, and, if approved by the commission, it is enacted or passed by not

less than a majority of the entire membership of the governing body, or, if disapproved by the

commission, it is enacted or passed by not less than two-thirds of the entire membership of the

governing body. A street approved by the planning commission upon submission by the

governing body or a street accepted by a two-thirds vote of the governing body after disapproval

by the planning commission shall have the status of an approved street as fully as though it

originally had been shown on the official master plan or on a subdivision plat approved by the

planning commission or originally had been mapped by the commission.
N.D. Cent. Code § 40-44-06 — ND Code / Title 40 / Chapter 40-44 / Section 40-44-06
40-44-06. Compensations and expenses of members of commission or of commissioner
Status: in_force

40-44-06. Compensations and expenses of members of commission or of

commissioner.

The compensation of the commissioner or of a member of the commission shall be

determined by the governing body of the city for the time actually devoted to the performance of

duties of the office, plus the person's actual expenses.
N.D. Cent. Code § 40-31-01 — ND Code / Title 40 / Chapter 40-31 / Section 40-31-01
40-31-01. Governing body to prescribe plans and specifications for curbing by ordinance or resolution
Status: in_force

40-31-01. Governing body to prescribe plans and specifications for curbing by

ordinance or resolution.

The governing body of a city, by resolution or ordinance may:

1. Prescribe the plans and specifications for the curbing to be used in the city;

2. Establish the widths between the same in different locations; and

3. Determine and prescribe the kind and quality of material of which and the manner in

which the curbing shall be constructed, taking into consideration the business and the

amount of travel in the vicinity of each curb.

The resolution or ordinance shall be specific, and all contracts for the construction of curbing

shall be let with reference thereto.
N.D. Cent. Code § 40-63-02 — ND Code / Title 40 / Chapter 40-63 / Section 40-63-02
40-63-02. Eligibility - Local zone authority designation
Status: in_force

40-63-02. Eligibility - Local zone authority designation

Any incorporated city may apply to the department of commerce division of community

services to designate a portion of the city as a renaissance zone. Any individual, partnership,

limited partnership, limited liability company, trust, or corporation may apply for a tax credit or

exemption under sections 40-63-04 through 40-63-07. The governing body of a city may

designate a local zone authority to implement a development plan on behalf of the city.
N.D. Cent. Code § 40-45-28 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-28
40-45-28. Pension cost of living increase
Status: in_force

40-45-28. Pension cost of living increase

In July of each year, the police pension board may add, if found actuarially sound, a cost of

living increase to the monthly amounts paid beneficiaries from the pension fund. The total

monthly pension payment under this section shall not exceed sixty percent of the monthly salary

average during the preceding thirty-six months for the same or comparable position in the police

department as held by the retiree in the retiree's last month before retirement.
N.D. Cent. Code § 40-50.1-13 — ND Code / Title 40 / Chapter 40-50.1 / Section 40-50.1-13
40-50.1-13. Assessment of costs of new plat - Publication of assessments - Approval of assessments
Status: in_force

40-50.1-13. Assessment of costs of new plat - Publication of assessments - Approval

of assessments.

The chief administrative officer shall assess the cost of making the plat against the

properties benefited proportionally to the benefits received. The assessments are subject to the

approval of the governing body of the jurisdiction after due consideration and hearing of all

objections at a meeting designated for that purpose. At least ten days before the hearing, the

assessments must be published in full by the chief administrative officer of the jurisdiction in the

official newspaper of the jurisdiction. The chief administrative officer shall certify the

assessments, when approved by the governing body.
N.D. Cent. Code § 40-11-11 — ND Code / Title 40 / Chapter 40-11 / Section 40-11-11
40-11-11. Summons to issue on violation of ordinance - When warrant of arrest to issue
Status: repealed

40-11-11. Summons to issue on violation of ordinance - When warrant of arrest to

issue.

Repealed by S.L. 2025, ch. 379, § 4.
N.D. Cent. Code § 40-57-09.1 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-09.1
40-57-09.1. Industrial development revenue bond guarantee program - Bond issuance fee - Appropriation
Status: repealed

40-57-09.1. Industrial development revenue bond guarantee program - Bond issuance

fee - Appropriation.

Repealed by S.L. 1985, ch. 467, § 1.
N.D. Cent. Code § 40-16-14 — ND Code / Title 40 / Chapter 40-16 / Section 40-16-14
40-16-14. Auditor not to commingle city's money - Violation forfeits office
Status: in_force

40-16-14. Auditor not to commingle city's money - Violation forfeits office

The city auditor shall keep the city's money separate from other moneys, and shall not,

either directly or indirectly, use the city's money, warrants, or other obligations in the auditor's

custody and keep it for the auditor's own use and benefit or for that of any other person or

persons. If the auditor is convicted of a violation of this section, the city auditor's office shall be

forfeited and shall become vacant.
N.D. Cent. Code § 40-22-38 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-38
40-22-38. Application of chapter to waterworks and water mains - Acquisition of waterworks, sewage treatment and disposal plants, and sewer systems
Status: in_force

40-22-38. Application of chapter to waterworks and water mains - Acquisition of

waterworks, sewage treatment and disposal plants, and sewer systems.

The provisions of this chapter relating to water mains and waterworks apply only to

municipalities that own or contemplate owning a system of waterworks and water mains. In case

of the purchase of a waterworks system or of a sewage treatment or disposal plant or of a

system of sewers, either by eminent domain proceedings subject to chapter 32-15, or otherwise,

a municipality may create improvement districts, direct the preparation of plans and

specifications, adopt a resolution declaring the purchase of such facilities necessary, and take

all other proceedings prescribed by this chapter which would be taken in case of the

construction of such facilities by the municipality itself for the purpose of defraying the cost

thereof by special assessment of the property benefited thereby. The property benefited may be

specially assessed for the purchase of such facilities, either separately or as a part of a new

system, the same as if said facilities were constructed entirely anew.
N.D. Cent. Code § 40-24-09 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-09
40-24-09. Payments in full of assessments - Payments to county treasurer or city auditor - Receipts
Status: in_force

40-24-09. Payments in full of assessments - Payments to county treasurer or city

auditor - Receipts.

The owner of any property against which an assessment shall have been made under this

title for the cost of any improvement may pay in full or in part the amount remaining unpaid and

the unpaid interest accumulated thereon. The payment in full shall discharge the lien of the

assessment upon the owner's property. The payment may be made to the county treasurer

upon all installments of the assessments which have been certified to the county auditor and

may be made to the city auditor upon all portions of the assessment which have not been

certified. Any person desiring to pay any portion of the assessment to the city auditor shall

obtain from the city auditor a certificate of the amount due upon the assessment which has not

been certified to the county auditor and shall present such certificate to the city auditor. The city

auditor shall receive and collect such amount and issue a receipt to the person paying the

assessment. The city auditor shall note upon the city auditor's records the payment of the

assessment.
N.D. Cent. Code § 40-33.1-03 — ND Code / Title 40 / Chapter 40-33.1 / Section 40-33.1-03
40-33.1-03. Purpose and powers of an authority
Status: in_force

40-33.1-03. Purpose and powers of an authority

The purpose of an authority shall be to construct, operate, acquire, or maintain one or more

projects in the city and to promote and acquire municipal steam heating facilities in accordance

with the provisions of this chapter. To carry out such purpose, an authority shall have power:

1. To sue and be sued.

2. To acquire, hold, and dispose of personal property for its corporate purposes.

3. To acquire necessary real property in the name of the city by purchase.

4. To make bylaws for the management and regulation of its affairs for the regulation of

the project.

5. To appoint officers, agents, and employees, to prescribe their qualifications, and to fix

their compensation; provided, however, the officers, agents, and employees shall not

be subject to the civil service laws or ordinances.

6. To appoint an attorney to represent the board, who may be the city attorney, and to fix

that person's compensation.

7. To make contracts and leases and to execute all instruments necessary or convenient.

8. To construct such buildings, structures, and facilities as may be necessary.

9. To reconstruct, improve, maintain, and operate the projects.

10. To accept grants, loans, or contributions from the United States, the state of North

Dakota, or any agency or instrumentality of either of them, or the city, or an individual,

by bequest or otherwise, and to expend the proceeds for any purposes of the

authority.

11. To fix and collect user fees, and other charges for the use and sale of steam.

12. To construct, operate, or maintain in the projects all facilities necessary or convenient

in connection therewith and to contract for the construction, operation, or maintenance

of any parts thereof or for services to be performed.

13. To borrow money on such terms as it may deem most convenient, and to sign notes

and pledge any portion of revenues derived from user fees and charges, in connection

with such borrowing.

14. To mortgage all or any part of its real or personal property then owned or thereafter

acquired.
N.D. Cent. Code § 40-53.1-03 — ND Code / Title 40 / Chapter 40-53.1 / Section 40-53.1-03
40-53.1-03. Dissolution - Conduct of election
Status: in_force

40-53.1-03. Dissolution - Conduct of election

The election shall be conducted in the same manner as a regular city election except that all

election officials shall be appointed by the board of county commissioners. The election returns

shall be made to the board of county commissioners and canvassed in the same manner as are

general election returns.
N.D. Cent. Code § 40-33.1-08 — ND Code / Title 40 / Chapter 40-33.1 / Section 40-33.1-08
40-33.1-08. Moneys of the authority
Status: in_force

40-33.1-08. Moneys of the authority

All moneys of an authority shall be paid to the city auditor as agent of the authority, who

shall not commingle such moneys with any other moneys. Such moneys shall be deposited in a

separate bank account or accounts. The moneys in such accounts shall be paid out by the

auditor on requisition of the chairman of the authority or of such other person or persons as the

authority may authorize to make such requisitions after audit by the auditor. All deposits of such

moneys shall, if required by the auditor or the authority, be secured by obligations of the United

States or of the state of North Dakota of a market value equal at all times to the amount of the

deposit, and all banks and trust companies are authorized to give such security for such

deposits. The auditor and the auditor's legally authorized representatives are authorized and

empowered from time to time to examine the accounts and books of the authority, including its

receipts, disbursements, contracts, leases, sinking funds, investments, and any other records

and papers relating to its financial standing. An authority shall have power, notwithstanding the

provisions of this section, to contract with the holders of any of its notes as to the custody,

collection, securing, investment, and payment of any moneys of the authority, or any moneys

held in trust or otherwise for the payment of notes or in any way to secure notes, and to carry

out any such contract notwithstanding that such contract may be inconsistent with the previous

provisions of this section. Moneys held in trust or otherwise for the payment of notes or in any

way to secure notes and deposits of such moneys may be acquired in the same manner as

moneys of the authority, and all banks and trust companies are authorized to give such security

for such deposits.
N.D. Cent. Code § 40-48-19 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-19
40-48-19. Major street plan adopted by commission - Filing and approval of plat
Status: in_force

40-48-19. Major street plan adopted by commission - Filing and approval of plat

Whenever a planning commission shall have adopted a major street plan of the territory

within its subdivision jurisdiction, or of a part thereof, and shall have filed a certified copy of such

plan in the office of the recorder of the county in which such territory or part is located, no plat of

a subdivision of land within such territory or part thereof shall be filed or recorded until it shall

have been approved by such planning commission and such approval shall have been entered

in writing on the plat by the chairman or secretary of the commission.
N.D. Cent. Code § 40-05-12 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-12
40-05-12. Foreign city - Power to sue and defend in courts of this state
Status: in_force

40-05-12. Foreign city - Power to sue and defend in courts of this state

Any city of another state authorized by section 40-05-11 to own, lease, occupy, or hold real

estate in this state shall have the same right as a city of this state to sue by its corporate

authorities and in its corporate name in the courts of this state for the protection of any rights

acquired in real estate in this state and to defend actions in its corporate name relating to the

ownership, use, or occupation of real estate acquired.
N.D. Cent. Code § 40-05.1-07 — ND Code / Title 40 / Chapter 40-05.1 / Section 40-05.1-07
40-05.1-07. Amendment or repeal
Status: in_force

40-05.1-07. The city auditor shall file a copy of an amendment to a charter of a home

rule city with the secretary of state.
N.D. Cent. Code § 40-36-11 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-11
40-36-11. No priority in refunding bonds of same issue
Status: in_force

40-36-11. No priority in refunding bonds of same issue

All refunding bonds of the same issue shall be secured equally and ratably, without priority

by reason of number, date of bonds, date of sale, date of execution, or date of delivery, by a lien

upon the revenues of the enterprise in accordance with the provisions of this chapter and the

resolution authorizing the issuance of such refunding bonds.
N.D. Cent. Code § 40-48-29 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-29
40-48-29. Effect of approval and adoption of map
Status: in_force

40-48-29. Effect of approval and adoption of map

The approval and adoption of a map as provided in section 40-48-28 shall not be deemed

the opening or establishment of any street or the taking of any land for street purposes or for

public use or as a public improvement, but shall operate solely as a reservation of the street

location shown on the map for the period specified in the resolution for future taking or

acquisition for public use.
N.D. Cent. Code § 40-35-14 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-14
40-35-14. Liability of municipality for bonds - Taxing power prohibited - Bond not a lien
Status: in_force

40-35-14. Liability of municipality for bonds - Taxing power prohibited - Bond not a

lien.

Revenue bonds issued under this chapter shall not be payable from nor charged upon any

funds other than the revenue pledged to the payment thereof, nor shall the municipality issuing

the same be subject to any pecuniary liability thereon. No holder or holders of any such bonds

shall ever have the right to compel any exercise of the taxing power of the municipality to pay

any such bonds or the interest thereon, nor to enforce payment thereof against any property of

the municipality. Such bonds shall not constitute a charge, lien, nor encumbrance, legal or

equitable, upon any property of the municipality. Each bond issued under this chapter shall

recite in substance that the bond, including interest thereon, is payable solely from the revenue

pledged to the payment thereof, and that the bond does not constitute a debt of the municipality

within the meaning of any constitutional or statutory limitation.
N.D. Cent. Code § 40-50.1-02 — ND Code / Title 40 / Chapter 40-50.1 / Section 40-50.1-02
40-50.1-02. Monuments required for survey - Destruction - Penalty
Status: in_force

40-50.1-02. Monuments required for survey - Destruction - Penalty

Durable ferromagnetic monuments must be set at all angle and curve points on the outside

boundary lines of the plat. The monuments must be at least eighteen inches [45.72 centimeters]

in length and at least one-half inch [1.72 centimeters] in sectional dimension. Any monument of

the survey must bear the registration number of the land surveyor making the survey. Any

person who disturbs, removes, or destroys any survey or reference monument or landmark

evidencing a property line or cornerpost is guilty of a class B misdemeanor.
N.D. Cent. Code § 40-61-08 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-08
40-61-08. Bonds of an authority
Status: in_force

40-61-08. Bonds of an authority

1. An authority may from time to time issue its negotiable bonds for any purpose

mentioned in section 40-61-03, including the acquisition, construction, reconstruction,

and repair of personal and real property of all kinds deemed by the board to be

necessary or desirable to carry out such purpose, as well as to pay such expenses as

may be deemed by the board necessary or desirable to the financing and placing the

project or projects in operation. An authority may from time to time and whenever it

deems refunding expedient, refund any bonds by the issuance of new bonds, whether

the bonds to be refunded have or have not matured, and may issue bonds partly to

refund bonds then outstanding and partly for any other purpose hereinabove

described. The refunding bonds may be exchanged for the bonds to be refunded, with

such cash adjustments as may be agreed, or may be sold and the proceeds applied to

the purchase or payment of the bonds to be refunded. In computing the total amount

of bonds of an authority which may at any time be outstanding, the amount of the

outstanding bonds to be refunded from the proceeds of the sale of new bonds or by

exchange for new bonds shall be excluded. Except as may otherwise be expressly

provided by an authority, the bonds of every issue shall be payable out of any moneys

or revenues of an authority, subject only to any agreements with the holders of

particular bonds pledging any particular moneys or revenues. Notwithstanding the fact

that the bonds may be payable from a special fund, if they are otherwise of such form

and character as to be negotiable instruments under chapter 41-08, the bonds shall be

and are hereby made negotiable instruments within the meaning of and for all the

purposes of chapter 41-08, subject only to the provisions of the bonds for registration.

2. The bonds shall be authorized by resolution of the board and shall bear such date or

dates, mature at such time or times, not exceeding thirty years from their respective

dates, bear interest at such rate or rates, resulting in an average annual net interest

cost not exceeding twelve percent per annum payable annually or semiannually on

those issues which are sold at private sale, be in such denominations, be in such form,

either coupon or registered, carry such registration privileges, be executed in such

manner, be payable in lawful money of the United States at such place or places, and

be subject to such terms of redemption, as such resolution or resolutions may provide.

The bonds may be sold at public or private sale for such price or prices as the

authority shall determine. There is no interest rate ceiling on those issues sold at

public sale or to the state of North Dakota or any of its agencies or instrumentalities.

3. Any resolution or resolutions authorizing any bonds or any issue of bonds may contain

provisions, which shall be part of the contract with the holders of the bonds thereby

authorized, as to:

a. Pledging all or any part of the revenues of a project or projects to secure the

payment of the bonds, subject to such agreements with bondholders as may then

exist.

b. The rentals, fees, and other charges to be charged, and the amounts to be raised

in each year thereby, and the use and disposition of the revenues.

c. The setting aside of reserves or sinking funds, and the regulation and disposition

thereof.

d. Limitations on the right of an authority to restrict and regulate the use of a project.

e. Limitations on the purpose to which the proceeds of sale of any issue of bonds

then or thereafter to be issued may be applied and pledging such proceeds to

secure the payment of the bonds or of any issue of the bonds.

f. Limitations on the issuance of additional bonds, the terms upon which additional

bonds may be issued and secured, and the refunding of outstanding or other

bonds.

g. The procedure, if any, by which the terms of any contract with bondholders may

be amended or abrogated, the amount of bonds the holders of which must

consent thereto, and the manner in which such consent may be given.

h. Limitations on the amount of moneys derived from a project to be expended for

operation, administration, or other expenses of an authority.

i. Vesting in a trustee or trustees of such property, rights, powers, and duties in trust

as an authority may determine which may include any or all of the rights, powers,

and duties of the trustee appointed by the bondholders pursuant to section

40-61-15, and limiting or abrogating the right of the bondholders to appoint a

trustee under said section or limiting the rights, duties, and powers of such

trustee.

j. Any other matters, of like or different character, which in any way affect the

security or protection of the bonds.

4. It is the intention hereof that any pledge of revenues or other moneys made by an

authority shall be valid and binding from the time when the pledge is made, that the

revenues or other moneys so pledged and thereafter received by an authority shall

immediately be subject to the lien of such pledge without any physical delivery thereof

or further act, and that the lien of any such pledge shall be valid and binding as against

all parties having claims of any kind in tort, contract, or otherwise against an authority

irrespective of whether such parties have notice thereof. Neither the resolution nor any

other instrument by which a pledge is created need be recorded.

5. Neither the members of an authority nor any person executing the bonds shall be

liable personally on the bonds or be subject to any personal liability or accountability

by reason of the issuance thereof.

6. An authority shall have power out of any funds available therefor to purchase bonds.

An authority may hold, cancel, or resell such bonds, subject to and in accordance with

agreements with bondholders.

7. In the discretion of an authority, the bonds may be secured by a trust indenture by and

between an authority and a corporate trustee, which may be any trust company or

bank within or without the state of North Dakota. Such trust indenture may contain

such provisions for protecting, and enforcing the rights and remedies of the

bondholders as may be reasonable and proper and not in violation of law, including

covenants setting forth the duties of an authority in relation to the construction,

maintenance, operation, repair, and insurance of the project or projects and the

custody, safeguarding, and application of all moneys, and may provide that the project

or projects shall be constructed and paid for under the supervision and approval of

consulting engineers. Notwithstanding the provisions of section 40-61-07, an authority

may provide by such trust indenture for the payment of the proceeds of the bonds and

the revenues of the project or projects to the trustee under such trust indenture or

other depository, and for the method of disbursement thereof, with such safeguards

and restrictions as it may determine. All expenses incurred in carrying out such trust

indenture may be treated as a part of the cost of maintenance, operation, and repairs

of the project or projects. If the bonds shall be secured by a trust indenture, the

bondholders shall have no authority to appoint a separate trustee to represent them,

and the trustee under such trust indenture shall have and possess all of the powers

which are conferred by section 40-61-15 upon a trustee appointed by bondholders.

8. An authority shall also have power and is hereby authorized from time to time to issue

revenue bonds in accordance with the provisions of chapter 40-57, but only for the

purpose of financing a parking project in support of those projects referred to in

subdivision c of subsection 2 of section 40-57-02. In the issuance of such bonds, the

authority shall have all of the powers granted to a municipality in chapter 40-57, and

shall be controlled in the exercise of such powers only by the provisions of chapter

40-57, and not by any of the provisions of this chapter with reference to other bonds

and notes of the authority.
N.D. Cent. Code § 40-38.1-09 — ND Code / Title 40 / Chapter 40-38.1 / Section 40-38.1-09
40-38.1-09. Contributions by political subdivision to establishment of municipal arts council without election authorized
Status: in_force

40-38.1-09. Contributions by political subdivision to establishment of municipal arts

council without election authorized.

To aid and facilitate the organization of the municipal arts council, the governing body of any

city where the population is less than two thousand five hundred may appropriate annually from

its general fund, or from any other moneys received for similar purposes from federal, state, and

private sources, a sum not to exceed five dollars per capita. Such appropriation shall be made

without submitting the same to vote as provided in section 40-38.1-02.
N.D. Cent. Code § 40-62-01 — ND Code / Title 40 / Chapter 40-62 / Section 40-62-01
40-62-01. Authority for pedestrian mall and skyway improvements - Definitions
Status: in_force

40-62-01. Authority for pedestrian mall and skyway improvements - Definitions

1. The governing body of any city may by resolutions create a special improvement

district, order and approve plans and specifications, determine the necessity, advertise

and enter contracts, issue special improvement warrants and bonds, and levy special

assessments for the improvement of one or more streets within its central business

district to be regulated and maintained as a mall for primarily pedestrian use, or for the

construction of skyways within its central business district, in the manner and upon the

terms and conditions set forth in chapters 40-22 to 40-27, except as otherwise

provided in this chapter.

2. For the purposes of this chapter:

a. "Pedestrian mall" means a street within a city designated by the governing body

and improved to encourage a high concentration of pedestrian use.

b. "Skyway" means an overhead walkway, whether open or enclosed, allowing

pedestrian traffic between buildings separated by a street, and includes all

corridors, passageways, methods of ingress and egress, and other

appurtenances necessary for an integrated and connected system.
N.D. Cent. Code § 40-45-15 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-15
40-45-15. Right to retirement once acquired cannot be lost
Status: in_force

40-45-15. Right to retirement once acquired cannot be lost

After any member of a police department shall have become entitled to be retired under the

provisions of this chapter, such right shall not be lost or forfeited by discharge or for any other

reason.
N.D. Cent. Code § 40-05-19 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-19
40-05-19. City funding for animal shelters - Sterilization of animals
Status: in_force

40-05-19. City funding for animal shelters - Sterilization of animals

The governing body of the city may provide funding from revenues derived from its general

fund levy authority for the construction, operation, or maintenance of animal shelters.

Voter-approved levy authority authorized by electors of a city under this section before

January 1, 2015, remains in effect through taxable year 2024 or for the time period authorized

by the electors, whichever expires first.

The levy authorized by this section may be used to defray expenses of any organization or

agency incorporated under the laws of this state as a nonprofit corporation that has contracted

with the governing body of the city in regard to the manner in which the funds will be expended

and the services will be provided. No unclaimed dog or cat may be released for adoption by an

animal shelter that receives funds from the levy under this section without being first sterilized,

or without a written agreement and deposit from the adopter guaranteeing that the animal will be

sterilized.
N.D. Cent. Code § 40-26-07 — ND Code / Title 40 / Chapter 40-26 / Section 40-26-07
40-26-07. Actions to restrain collection of special assessments, avoid tax judgments - Duty of court
Status: in_force

40-26-07. Actions to restrain collection of special assessments, avoid tax judgments -

Duty of court.

The court shall determine the true and just amount which any property attempted to be

specially assessed for a special improvement should pay to make the same uniform with other

special assessments for the same purpose, whenever any action or proceeding shall be

commenced and maintained before the court to prevent or restrain the collection of any special

assessment or part thereof made or levied by the officers of any municipality for any purpose

authorized by law, if such assessment shall be held to be void by reason of noncompliance with

any provision of the laws of this state. Unless the action challenges the determination of benefits

and special assessments imposed for agricultural property, the amount of the assessment as

the same appears on the assessment list shall be prima facie evidence of the true and just

amount, and judgment must be rendered and given therefor against the party liable for such

special assessment without regard to the proceedings had for the levy thereof. The judgment

shall be a lien upon the property upon which a special assessment shall have been levied, of

the same force and effect as the lien of a special assessment, and the lien of such special

judgment shall be enforced by the court in such action. No action for said purposes shall be

maintained unless it is commenced within six months after the special assessment is approved.
N.D. Cent. Code § 40-49-03 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-03
40-49-03. Ordinance required to create park districts - Territory embraced to be park district
Status: in_force

40-49-03. Ordinance required to create park districts - Territory embraced to be park

district.

Any municipality desiring to take advantage of this chapter shall do so by an ordinance

regularly adopted expressing such intent or desire. The territory embraced in the municipality or

within any park which may be acquired under the provisions of this chapter shall be a park

district of the state of North Dakota.
N.D. Cent. Code § 40-21-03.1 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-03.1
40-21-03.1. Designation of polling places for municipal elections
Status: in_force

40-21-03.1. Designation of polling places for municipal elections

The governing body of any city at the time of calling any general or special municipal

election, or prior to the time of registration for said election, if such registration is required by

law, when officers of said city are not to be elected by wards or districts, may by resolution

designate such voting precincts and polling places for said election as it may deem necessary

for the conduct of the same and shall in giving notice of said election designate such voting

precincts and polling places.
N.D. Cent. Code § 40-49-19 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-19
40-49-19. Dissolution of village park district - Petition for election - Notice of election - Order of dissolution
Status: repealed

40-49-19. Dissolution of village park district - Petition for election - Notice of election -

Order of dissolution.

Repealed by S.L. 1967, ch. 323, § 285.
N.D. Cent. Code § 40-31-09 — ND Code / Title 40 / Chapter 40-31 / Section 40-31-09
40-31-09. Warrants - Payable - Interest coupons - Contents - Uses
Status: in_force

40-31-09. Warrants - Payable - Interest coupons - Contents - Uses

All curbing 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 of not more than twelve percent per annum on those issues sold at private sale.

However, there is no interest rate ceiling on warrant issues sold at public sale or to the state of

North Dakota or any of its agencies or instrumentalities. The warrants may have coupons

attached representing each year's interest. The warrants shall state upon their face the purpose

for which they were issued and the fund from which they are payable and shall be signed by the

executive officer of the city and countersigned by the city auditor under the seal of the city. The

warrants may be used in making payments 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 § 40-49-14 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-14
40-49-14. When yea and nay vote taken - Awarding contracts - Debt limit - Bills, claims, and demands against board
Status: in_force

40-49-14. When yea and nay vote taken - Awarding contracts - Debt limit - Bills,

claims, and demands against board.

1. Yea and nay votes must be taken on all propositions involving the expenditure of

money, levying of taxes, or the issuance of bonds or certificates of indebtedness.

Approval of an expenditure of money must be recorded in the record of the board's

proceedings and is sufficient to indicate approval without requiring the members to

sign or initial the voucher or order for payment. Except as provided in chapter 48-01.2,

in an emergency situation, or for cooperative purchases with the office of management

and budget as provided in chapter 54-44.4, all contracts exceeding fifty thousand

dollars must be awarded to the lowest responsible bidder after advertisement in the

official newspaper of the municipality once each week for two successive weeks. The

board may reject any or all bids. All contracts must be in writing and must be signed by

the president of the board or a designated representative and unless so executed,

they shall be void. The debt of a park district may not exceed one percent of the

taxable property within the district according to the last preceding assessment. No bill,

claim, account, or demand against the district may be audited, allowed, or paid until a

full, written, itemized statement has been filed with the governing body or unless

otherwise authorized by the governing body pursuant to contract or other action. The

governing body may require the filing of any additional information which it may deem

necessary to the proper understanding and audit of any claim or account and it may

require the filing of a sworn statement in such form as it may prescribe or as noted

below:

CERTIFICATE

I do hereby certify that the within bill, claim, account, or demand is just and true; that the

money therein charged was actually paid for the purposes therein stated; that the services

therein charged were actually rendered and of the value therein charged; and that no part of

such bill, claim, account, or demand has been paid; and that the goods therein charged

were actually delivered and were of the value charged.

Sign here ______________________________

______________________________________

If signed for a firm or company,

show authority on this line.

2. As used in this section, "emergency situation" means a sudden or unexpected

occurrence that requires immediate action to protect public health, safety, or property.
N.D. Cent. Code § 40-42-03 — ND Code / Title 40 / Chapter 40-42 / Section 40-42-03
40-42-03. Time limitation on bringing of action
Status: repealed

40-42-03. Time limitation on bringing of action

Repealed by S.L. 1977, ch. 303, § 18.
N.D. Cent. Code § 40-63-04 — ND Code / Title 40 / Chapter 40-63 / Section 40-63-04
40-63-04. Income tax exemptions
Status: in_force

40-63-04. Income tax exemptions

1. An individual taxpayer who purchases or rehabilitates single-family residential property

for the individual's primary place of residence as a zone project is exempt from up to

ten thousand dollars of personal income tax liability as determined under section

57-38-30.3 for up to eight taxable years beginning with the date of occupancy or

completion of rehabilitation.

2. A taxpayer that purchases, leases, rehabilitates, or makes leasehold improvements to

residential, public utility infrastructure, or commercial property for any business or

investment purpose as a zone project is exempt from tax on income derived from the

business or investment locations within the zone for up to eight taxable years,

beginning with the date of purchase, lease, or completion of rehabilitation.

a. The maximum amount of income that a taxpayer may exempt from tax under this

subsection for any taxable year is five hundred thousand dollars. The limitation in

this subdivision applies to the sum of the exempt income derived from the

taxpayer's business and investment interests in all zone projects.

b. If a zone project consists of a physical expansion of an existing building owned

and used by the taxpayer for business or investment purposes, the amount of

income exempt from tax under this subsection is limited to an amount equal to

the income derived from the business, or from the investment use of the building,

during the taxable year multiplied by a ratio equal to the square footage added by

the expansion divided by the total square footage of the building after expansion.

3. If the cost of a new business purchase, leasehold improvement, or expansion of an

existing business, approved as a zone project, exceeds seventy-five thousand dollars,

and the business is located in a city with a population of not more than two thousand

five hundred, an individual taxpayer may, in lieu of the exemption provided in

subsection 2, elect to take an income tax exemption of up to two thousand dollars of

individual income tax liability as determined under section 57-38-30.3. The election

must be made on the taxpayer's return as originally and timely filed. The election is

irrevocable and binding for the duration of the exemptions provided in subsection 2 or

this subsection. If an election is not made on the original return, the taxpayer is only

eligible for the exemption provided in subsection 2.

4. If a property owner not participating in a renaissance zone project is required to make

changes in utility services or in a building structure because of changes made to

property that is part of a zone project, the owner of the nonparticipating property is

entitled to state income tax credits equal to the total amount of the investment

necessary to complete the required changes. The credit must be approved by the local

renaissance zone authority. The credit must be claimed in the taxable year in which

the related project was completed. The credit may not exceed the taxpayer's tax

liability, and an unused credit may be carried forward up to five taxable years.

5. The exemptions provided by this section do not eliminate any duty to file a return or to

report income as required under chapter 57-38.
N.D. Cent. Code § 40-61-03.1 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-03.1
40-61-03.1. Financing projects and facilities
Status: in_force

40-61-03.1. Financing projects and facilities

An authority may provide funds for its purposes by using the following methods or any

combination thereof:

1. Issuing bonds of an authority as authorized by section 40-61-08.

2. Issuing notes of an authority as authorized by section 40-61-09.

3. In cooperation with cities whereby cities may agree to assist in financing projects and

facilities through the issuance of municipal bonds or other obligations, budgeting of

current funds from revenues derived from its general fund levy authority, the levy of

special assessments, or by any combination of these means pursuant to or in

accordance with the provisions of chapters 21-03, 40-22 to 40-27, 40-35, 40-40, and

40-57 and all other applicable laws now in force or hereafter enacted.
N.D. Cent. Code § 40-16-12 — ND Code / Title 40 / Chapter 40-16 / Section 40-16-12
40-16-12. Special funds not to be paid out for any other purpose
Status: in_force

40-16-12. Special funds not to be paid out for any other purpose

The city auditor shall pay out funds appropriated for special purposes only for the purposes

for which they were appropriated even though the governing body directs to the contrary.
N.D. Cent. Code § 40-14-06 — ND Code / Title 40 / Chapter 40-14 / Section 40-14-06
40-14-06. Officers commissioned by warrant - City auditor to receive certificate of appointment
Status: in_force

40-14-06. Officers commissioned by warrant - City auditor to receive certificate of

appointment.

All officers elected or appointed, except the city auditor, council members, and mayor, must

be commissioned by warrant signed by the auditor and the mayor or president of the city

council. The mayor shall issue a certificate of appointment to the auditor.