N.D. Cent. Code § 40-49-15 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-15
40-49-15. Purchase of land by city park district on installment contract - Conditions and limitations
Status: in_force

40-49-15. Purchase of land by city park district on installment contract - Conditions

and limitations.

After declaring by resolution duly passed that an emergency exists in that it is desirable and

necessary that additional lands, as described in the resolution, be acquired for park purposes,

the board of park commissioners of any city may enter into a contract or contracts for the

purchase of such additional land for park purposes and for the payment of the purchase price

therefor in annual installments. The power to enter into such contract shall be subject to the

following limitations and conditions:

1. All moneys to be paid annually under any such contract shall be available and paid

only from revenues to be derived from the authorized tax levy of the park district.

2. Contracts which at any time shall create aggregate future obligations of the park

district in an amount in excess of one-fifth of one percent of the value of all taxable

property within the park district may not be entered into under the provisions of this

section.

3. The total amount contracted to become payable within any year by any park board

shall not exceed twenty percent of the authorized tax revenue of the park district for

the year in which any such contract is made.
N.D. Cent. Code § 40-40-06 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-06
40-40-06. Notice of public budget hearing date
Status: in_force

40-40-06. Notice of public budget hearing date

On or before August tenth of each year, after the governing body has prepared the

preliminary budget statement, the auditor of the municipality shall:

1. Set a public budget hearing date no earlier than September seventh and no later than

October seventh for the purpose of adopting the final budget and making the annual

tax levy.

2. Provide notice of the public budget hearing date to the county auditor.
N.D. Cent. Code § 40-08-22 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-22
40-08-22. Mayor to perform duties prescribed by law - Enforce laws and ordinances
Status: in_force

40-08-22. Mayor to perform duties prescribed by law - Enforce laws and ordinances

The mayor shall perform all duties prescribed by law or by the city ordinances and shall see

that the laws and ordinances are faithfully executed.
N.D. Cent. Code § 40-53.1-08 — ND Code / Title 40 / Chapter 40-53.1 / Section 40-53.1-08
40-53.1-08. Income from property of a dissolved municipality
Status: in_force

40-53.1-08. Income from property of a dissolved municipality

Money received from the operation of property of a dissolved city shall be used in the

following priority:

1. To pay employees engaged in the operation, maintenance, and protection of the

property.

2. To pay the interest on the bonded indebtedness of the municipality.

3. To purchase or redeem bonded indebtedness of the municipality.

4. After all bonded indebtedness has been paid, to the general fund of the county.
N.D. Cent. Code § 40-09-07 — ND Code / Title 40 / Chapter 40-09 / Section 40-09-07
40-09-07. Bond and oath of commissioner
Status: repealed

40-09-07. Bond and oath of commissioner

Repealed by S.L. 2011, ch. 294, § 5.
N.D. Cent. Code § 40-61-16 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-16
40-61-16. Remedies of bondholders
Status: in_force

40-61-16. Remedies of bondholders

1. In the event that an authority shall default in the payment of principal of or interest on

any issue of the 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 in the

event that an authority shall fail or refuse to comply with the provisions of this chapter,

or shall default in any agreement made with the holders of any issue of the bonds, the

holders of twenty-five percent in aggregate principal amount of the bonds of such

issue then outstanding, by instrument or instruments filed in the office of the recorder

of the county in which the authority is located, unless the board of county

commissioners designates a different official, and proved or acknowledged in the

same manner as a deed to be recorded, may appoint a trustee to represent the

holders of such bonds for the purposes herein provided.

2. Such trustee may, and upon written request of the holders of twenty-five percent in

principal amount of such bonds then outstanding shall, in the trustee's own name:

a. By action or special proceeding enforce all rights of the bondholders, including

the right to require an authority to collect revenues adequate to carry out by any

agreement as to, or pledge of, such revenues, and to require an authority to carry

out any other agreements with the holders of such bonds and to perform its

duties under this chapter.

b. Bring suit upon such bonds.

c. By action or suit in equity, require an authority to account as if it were the trustee

of an express trust for the holders of such bonds.

d. By action or suit in equity, enjoin any acts or things which may be unlawful or in

violation of the rights of the holders of such bonds.

e. Declare all such bonds due and payable, and if all defaults shall be made good

then with the consent of the holders of twenty-five percent of the principal amount

of such bonds then outstanding, to annul such declaration and its consequences.

3. The district court shall have jurisdiction of any suit, action, or proceeding by the trustee

on behalf of bondholders. The venue of any such suit, action, or proceeding shall be

laid in the county in which the authority is located.

4. Before declaring the principal of all such bonds due and payable, a trustee shall first

give thirty days' notice in writing to an authority.

5. Any such trustee, whether or not the issue of bonds represented by such trustee has

been declared due and payable, shall be entitled as of right to the appointment of a

receiver of any part or parts of the project the revenues of which are pledged for the

security of the bonds of such issue, and such receiver may enter and take possession

of such part or parts of the project and, subject to any pledge or agreement with

bondholders, shall take possession of all moneys and other property derived from or

applicable to the acquisition, construction, operation, maintenance, and reconstruction

of such part or parts of the project and proceed with the acquisition of any necessary

real property in connection with the project that an authority has covenanted to

construct and with any construction which an authority is under obligation to do and to

operate, maintain, and reconstruct such part or parts of the project and collect and

receive all revenues thereafter arising therefrom subject to any pledge thereof or

agreement with bondholders relating thereto and perform the public duties and carry

out the agreements and obligations of an authority under the direction of the court. In

any suit, action, or proceeding by the trustee, the fee, counsel fees, and expenses of

the trustee and of the receiver, if any, shall constitute taxable disbursements and all

costs and disbursements allowed by the court shall be a first charge on any revenues

derived from such project.

6. Such trustee shall, in addition to the foregoing, have and possess all of the powers

necessary or appropriate for the exercise of any functions specifically set forth herein

or incident to the general representation of bondholders on the enforcement and

protection of their rights.
N.D. Cent. Code § 40-01-09.1 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-09.1
40-01-09.1. Publication of city government proceedings - Electorate to decide
Status: in_force

40-01-09.1. Publication of city government proceedings - Electorate to decide

Beginning with the 1996 biennial municipal elections, and every four years thereafter, all

cities in North Dakota, regardless of their form of government, must put on the ballot the

question of whether the minutes of its governing body shall be published in its official

newspaper. If voters approve publication, the governing body shall, within seven days after each

of its meetings, give its official newspaper, for publication, the complete minutes, or a complete

summary showing the substantive actions taken at the meeting.

Roll call votes must be published, but may be indicated as "unanimous" when appropriate. A

list of the individual checks written by the city and approved by the governing body, showing the

payee and the amount of each check, must be published. However, employee salary checks

need not be published if the governing body elects to publish an annual salary schedule for

each employee. When applicable, these minutes may be labeled as being published subject to

the governing body's review and revision. The minutes shall continue to be published until

disapproved at a succeeding quadrennial election.
N.D. Cent. Code § 40-34-10 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-10
40-34-10. Franchise granted to holder of sheriff's deed to operate property - Contents of franchise
Status: in_force

40-34-10. Franchise granted to holder of sheriff's deed to operate property - Contents

of franchise.

If after the issuance of a sheriff's deed as provided in section 40-34-09, it shall be made to

appear to the public service commission that it is in the public interest that such utility and

improvement be continued in operation, such commission may grant a franchise to the owners

of such utility and improvement to engage in such business and to operate such improvement

and utility. Such franchise may:

1. Authorize such owner or owners to charge each person, firm, corporation, or limited

liability company owning property from which sewage or garbage is received such fee

therefor as may be determined to be reasonable by such commission upon proper

application and after notice to the municipality affected and a hearing upon such

application;

2. Grant to such owner or owners, under such reasonable rules, regulations, and

supervision as may be established by such commission, the right and privilege to lay

all intercepting and other sewers and connecting pipes in the public streets and alleys

of the municipality or municipalities as may be necessary to receive and conduct the

sewage to the disposal plant; and

3. Provide for an accounting from time to time of the gross revenues of the utility or

improvement and the application of the net revenues as determined by such

commission upon the original secured indebtedness to the end that the holder of such

franchise will use the net revenues as determined by such commission to discharge

the original secured debt, together with all interest, costs, and other charges which the

commission shall determine shall be paid.
N.D. Cent. Code § 40-35-12 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-12
40-35-12. Bonds exempt from taxation - Exception
Status: in_force

40-35-12. Bonds exempt from taxation - Exception

Bonds issued under the provisions of this chapter and the income therefrom shall be

exempt from any taxes, except inheritance, estate, and transfer taxes.
N.D. Cent. Code § 40-22-24 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-24
40-22-24. Bids - Filing - Sealing - Endorsing - Opening - Considering
Status: repealed

40-22-24. Bids - Filing - Sealing - Endorsing - Opening - Considering

Repealed by S.L. 1995, ch. 443, § 29.
N.D. Cent. Code § 40-04.1-03 — ND Code / Title 40 / Chapter 40-04.1 / Section 40-04.1-03
40-04.1-03. Vacancies on city council - How filled
Status: in_force

40-04.1-03. Vacancies on city council - How filled

If a vacancy occurs in the office of councilman by death, resignation, or otherwise, the city

may call a special election to fill such vacancy for the unexpired term or may after fifteen days of

the date of such vacancy appoint a person from the ward or city at large by which the

councilman previously holding was elected or appointed to fill such vacancy until the next city

election, at which election the unexpired term shall be filled.
N.D. Cent. Code § 40-05.1-03 — ND Code / Title 40 / Chapter 40-05.1 / Section 40-05.1-03
40-05.1-03. Charter commission - Membership - Preparation and submission of charter - Compensation and expenses - Publication or distribution
Status: in_force

40-05.1-03. Charter commission - Membership - Preparation and submission of

charter - Compensation and expenses - Publication or distribution.

Within sixty days after proceedings have been initiated for a home rule charter, the

governing body of the city shall appoint a charter commission, composed of at least five

members, to frame the charter, unless a petition proposing a charter pursuant to section

40-05.1-02 prescribes the composition of the commission or the manner by which the

composition of the commission is to be determined. The chairman of the charter commission

shall be designated by the governing body and shall be a charter commission member.

Compensation and expenses of commission members shall be as determined by the governing

body. The governing body may furnish the charter commission with office space, clerical help,

legal and other assistance, and supplies, and may appropriate and pay for same out of its

general funds. The charter commission shall hold at least one public hearing on the proposed

charter, and may use other suitable means to disseminate information, receive suggestions and

comments, and encourage public discussion of the proposed charter. The commission shall

prepare and submit the charter within one year after appointment, unless the governing body

allows additional time for submission of the charter. The proposed charter shall then be

published once in the city's official newspaper as provided in section 40-01-09. However, cities

with a population of one thousand or less may, in lieu of publishing the charter in a newspaper,

distribute copies of the charter door-to-door and have them posted and available at prominent

locations in the city. In the event a city does not publish the charter in a newspaper, it must still

publish a notice of the election.
N.D. Cent. Code § 40-49-17 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-17
40-49-17. Jurisdiction to determine actions involving violations of ordinances of board of park commissioners
Status: in_force

40-49-17. Jurisdiction to determine actions involving violations of ordinances of

board of park commissioners.

Full and exclusive jurisdiction to try and determine all claims for relief involving violations of

rules or ordinances enacted by the board of park commissioners is vested in the municipal

judge. The procedure, including the right of appeal, is the same as in actions involving offenses

against city ordinances.
N.D. Cent. Code § 40-57.1-04.3 — ND Code / Title 40 / Chapter 40-57.1 / Section 40-57.1-04.3
40-57.1-04.3. Property tax exemption on speculative industrial buildings and properties owned by a local development organization
Status: in_force

40-57.1-04.3. Property tax exemption on speculative industrial buildings and

properties owned by a local development organization.

A municipality may, in its discretion, grant partial or complete exemption from ad valorem

taxation on buildings, structures, and improvements constructed and owned by a local

development organization for the express purpose of attracting new industry to this state. This

exemption from ad valorem taxation is only available on new buildings, structures, and

improvements while they remain unoccupied. Once the building, structure, or improvement is

occupied, the exemption continues until the next annual assessment date following the first

occupancy. This section does not affect the eligibility for property tax exemption of a business

available under other provisions of this chapter, provided application for the tax exemption is

granted prior to occupancy. A written request for the exemption is to be filed by the local

development organization with the municipality. The request will be reviewed at an official

meeting of the governing body and will be placed on the agenda for final action at the next

official meeting. The governing body of the municipality shall notify the county director of tax

equalization with respect to any exemption granted under this section.
N.D. Cent. Code § 40-33.3-02 — ND Code / Title 40 / Chapter 40-33.3 / Section 40-33.3-02
40-33.3-02. Agreement requirements
Status: in_force

40-33.3-02. Agreement requirements

The agreement to form a municipal pipeline authority shall state:

1. That the authority is created and incorporated under this chapter as a municipal

corporation and a political subdivision of the state.

2. The name of the authority, which is to include the words "municipal pipeline authority".

3. The names of the cities which have approved the agreement.

4. The qualifications of member cities, any limitations upon their number, and any

conditions of membership.

5. The location of the registered office of the authority.

6. Any other provision for regulating the business of the municipal pipeline authority or

the conduct of its affairs which may be agreed upon by the member cities, consistent

with this chapter.
N.D. Cent. Code § 40-09-15 — ND Code / Title 40 / Chapter 40-09 / Section 40-09-15
40-09-15. Special police - President of board may call - Powers
Status: repealed

40-09-15. Special police - President of board may call - Powers

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 40-13-03 — ND Code / Title 40 / Chapter 40-13 / Section 40-13-03
40-13-03. Oaths of municipal officers
Status: in_force

40-13-03. Oaths of municipal officers

Every person elected or appointed to any municipal office, before the person enters upon

the discharge of the duties thereof, shall take and subscribe the oath of office prescribed for civil

officers, and, except in the case of the auditor, shall file the same with the city auditor within ten

days after notice of the election or appointment has been given. The oath of the city auditor

shall be filed in the office of the auditor of the county in which the municipality is located.

Refusal to take the oath of office, as required by this section, shall also be deemed a refusal to

serve and, therefore, a failure to qualify for the office pursuant to section 44-02-01.
N.D. Cent. Code § 40-48-04 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-04
40-48-04. Terms of members of commission - Vacancies
Status: in_force

40-48-04. Terms of members of commission - Vacancies

The present members of the commission shall hold office for the balance of their tenure. Of

the members of the commission newly appointed, pursuant to this chapter, the first member

appointed, if one be appointed, shall hold office for the term of one year, if a second member is

appointed that member shall hold office for the term of two years, if a third member is appointed

that member shall hold office for the term of three years, if a fourth member is appointed that

member shall hold office for the term of four years, and if a fifth member is appointed that

member shall hold office for the term of five years from and after that member's appointment.

Thereafter, the members shall be appointed for terms of five years. The terms of the ex officio

members of the commission shall correspond to their respective official tenures. If a vacancy

occurs otherwise than by expiration of a term, it shall be filled by appointment for the unexpired

portion of the term.
N.D. Cent. Code § 40-05-08 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-08
40-05-08. Municipal licenses for sale of agricultural products limited - Exception
Status: in_force

40-05-08. Municipal licenses for sale of agricultural products limited - Exception

No municipality shall impose any license fee or charge against the producer or grower of

any agricultural product grown or produced upon lands located in this state nor in any manner

limit or restrict the free sale thereof by such grower or producer. This provision, however, shall

not restrict the right of any municipality to utilize any power given to it to regulate, as reasonable

health measures, the inspection and sale of products intended for human consumption.
N.D. Cent. Code § 40-08-14 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-14
40-08-14. Mayor - Qualifications - Term
Status: in_force

40-08-14. Mayor - Qualifications - Term

The chief executive officer of the city is the mayor. The mayor shall be a qualified elector

within the city and shall hold office for four years and until a successor is elected and qualified.
N.D. Cent. Code § 40-04-05 — ND Code / Title 40 / Chapter 40-04 / Section 40-04-05
40-04-05. Patent issued to city by governor
Status: in_force

40-04-05. Patent issued to city by governor

Upon the certification of the matters described in section 40-04-04, the government shall

issue letters patent, under the great seal of the state, reciting the facts, defining the boundaries

of the city, and constituting the city a body corporate and politic by the name of the city of

________________ (specifying the name of the city), and declaring that it shall be governed by

the provisions of this title applicable to cities under the commission system of government.
N.D. Cent. Code § 40-32-07 — ND Code / Title 40 / Chapter 40-32 / Section 40-32-07
40-32-07. Letting contracts for improvements - Special or general contracts - Regulations governing
Status: in_force

40-32-07. Letting contracts for improvements - Special or general contracts -

Regulations governing.

The governing body may let a contract for the making of any or all improvements to be

made within the city under this chapter in each year, or, if it is deemed advisable, it may let a

contract for the making of each specific improvement as the same may be determined upon.

Whether the contract to be let is general or special, it shall be let in the manner prescribed in

chapter 40-29 for the letting of contracts for sidewalks in cities insofar as the provisions of such

chapter are applicable.
N.D. Cent. Code § 40-50.1-05 — ND Code / Title 40 / Chapter 40-50.1 / Section 40-50.1-05
40-50.1-05. Conveyance of land by noting or marking map or plat - Status as general warranty - Land for public use
Status: in_force

40-50.1-05. Conveyance of land by noting or marking map or plat - Status as general

warranty - Land for public use.

When the plat has been made out and certified, acknowledged, and recorded as required

by sections 40-50.1-01, 40-50.1-03, and 40-50.1-04, every donation or grant to the public, or to

any individual, religious society, corporation, or limited liability company, marked or noted as

such on the plat or map is a sufficient conveyance to vest the fee simple title in the parcel of

land as designated on the plat. The mark or note made on a plat or map is for all intents and

purposes a general warranty against the donors, their heirs and representatives, to the donees

or grantees for the expressed and intended uses and purposes named in the plat and for no

other use or purpose. The land intended to be used for the streets, alleys, ways, or other public

uses in any jurisdiction or addition thereto must be held in the corporate name of the jurisdiction

in trust for the uses and purposes set forth and expressed and intended.
N.D. Cent. Code § 40-31-06 — ND Code / Title 40 / Chapter 40-31 / Section 40-31-06
40-31-06. Assessment book for curbing repairs - Review of assessments - Extension - Collection
Status: in_force

40-31-06. Assessment book for curbing repairs - Review of assessments - Extension -

Collection.

The city auditor shall keep in the city auditor's office a curbing repair assessment book and

shall enter therein curbing costs certified by the street commissioner as an assessment against

the lots or parcels of land fronting on or adjoining such curbing, and the name of the owner of

such lots or parcels of land if known to the city auditor. At a regular meeting, the governing body

shall review all assessments and hear all complaints against the same and approve the same

as finally adjusted. 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. Each assessment shall be collected and the payment thereof enforced as county and

state taxes are collected and enforced. When collected, the assessment shall be paid over by

the county treasurer to the city auditor in the same manner as other taxes.
N.D. Cent. Code § 40-60-02 — ND Code / Title 40 / Chapter 40-60 / Section 40-60-02
40-60-02. Powers of municipalities pertaining to parking areas
Status: in_force

40-60-02. Powers of municipalities pertaining to parking areas

Any municipality is authorized:

1. To acquire, construct, improve, develop, and extend parking facilities.

2. To provide funds for this purpose by the budgeting of current funds from revenues

derived from its general fund levy authority, the levy of special assessments, or the

issuance of bonds or other obligations, or by any combination of these means,

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 hereafter

enacted.

3. To devote to this purpose any land, buildings, structures, and equipment which may be

owned by the municipality, and are determined by its governing body to be useful

therefor and not required for another municipal purpose, and whose use for this

purpose is not restricted by the terms of any conveyance or judgment by which such

properties were acquired.

4. To operate and maintain parking facilities and establish and collect rates, charges, and

rentals for the use thereof by all public and private persons, firms, corporations, and

limited liability companies.

5. To lease parking facilities, and any part thereof, to any public or private person, firm,

corporation, or limited liability company upon such terms as the governing body may

determine; provided, that:

a. No lease may be executed for a longer term, or shall be subject to extension at

the option of the lessee for an additional term or terms, exceeding the maximum

period prescribed by section 47-16-02.

b. Every lease shall provide that title to all real property, buildings, and

improvements on real property or in buildings subject to the lease, whether or not

previously owned or acquired, constructed or financed by the municipality, and

title to all other real and personal property subject to the lease which was

previously owned or is acquired, constructed or financed by the municipality, shall

be and remain in the municipality.

c. If the entire site of any parking facilities and all improvements constructed thereon

are leased, the lease shall specify the amount of space to be operated and

maintained exclusively for public parking of motor vehicles, and the area of such

space shall be not less than two times the area of the space, if any, to be made

available within the facilities for commercial use.

d. Any lease may permit the sublease of part or all of the facilities, but the minimum

parking space specified in accordance with subdivision c shall be used or

subleased solely for public parking, and all other space in the facilities shall be

used or subleased solely for commercial or industrial use furthering the policies

and purposes declared in chapter 40-57, and may be so used notwithstanding

any provisions of that chapter precluding the use of previously owned municipal

property or of municipally operated property for the projects therein authorized.

e. If under the terms of the lease the lessee is to construct and finance part or all of

the parking facilities to be provided at the leased site, the lease may permit the

lessee's interest therein to be mortgaged to secure the repayment of money

borrowed by the lessee for this purpose, upon reasonable terms approved by the

governing body of the lessor, and may allow the mortgagee a reasonable time to

cure any default in the payment of rentals and the performance of covenants

under the lease, prior to the termination thereof by the lessor.

f. Every lease or part or all of the facilities at a particular site shall provide for the

payment by the lessee of all costs of the operation and maintenance of the

leased property, including all taxes and special assessments validly levied on the

premises or leasehold, adequate insurance against loss of or damage to the

leased property and loss or damage to other persons or property from any and all

operations conducted thereon, and for payment by the lessee of net annual

rentals at least sufficient to pay all principal and interest becoming due during the

lease term on any amount of bonds issued by the municipality to pay capital costs

of the leased property, and at least sufficient to reimburse the municipality for any

other expenditure made by it to pay such capital costs, in annual amounts such

that, if continued uniformly over the useful life of the facilities, the total amount of

such investment would be repaid in full with interest at five percent per annum on

the balance thereof from time to time remaining unpaid.

g. The leasehold created by any such lease is classified as personal property, and

any such portion of such premises not used solely for public parking of motor

vehicles shall be subject to taxation.
N.D. Cent. Code § 40-58-01 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-01
40-58-01. Short title
Status: repealed

40-58-01. Short title

Repealed by S.L. 1989, ch. 499, § 19.
N.D. Cent. Code § 40-57.2-03 — ND Code / Title 40 / Chapter 40-57.2 / Section 40-57.2-03
40-57.2-03. Declaration of legislative intent
Status: in_force

40-57.2-03. Declaration of legislative intent

It is hereby declared to be the intent of the legislative assembly to promote the growth and

development of small industry and to assist in the creation and expansion of local skills and

talents in North Dakota.
N.D. Cent. Code § 40-49-07.2 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-07.2
40-49-07.2. Dissolution of city park district - Election
Status: in_force

40-49-07.2. Dissolution of city park district - Election

1. A city park district may be dissolved pursuant to a plan adopted pursuant to this

section. A proposal for dissolving a city park district may be initiated:

a. By resolution incorporating a dissolution plan, approved by a majority vote of the

board of park commissioners and submitted to the governing body of the city; or

b. By a petition incorporating a dissolution plan, signed by twenty-five percent or

more of the total number of qualified electors of the city park district voting at the

last regular city election and submitted to the governing body of the city.

2. The governing body of the city shall submit the question of dissolution to the electors

of the park district at any regular city election or primary or general election as

specified in the resolution or petition submitted pursuant to subsection 1. The plan

incorporated in the resolution or petition is effective and becomes operative according

to its terms if a majority of the qualified electors voting on the question approves the

plan.

3. A plan for dissolving a city park district may specify:

a. The disposition and maintenance of land and other property acquired by the

board of park commissioners of the dissolved park district;

b. The manner for payment of any current indebtedness, evidences of indebtedness

in anticipation of user fee revenues, bonded indebtedness, and other obligations

of the dissolved park district;

c. The disposition of any outstanding special assessments or other anticipated

revenues;

d. The transition in implementing the plan, including elements that consider the

reasonable expectations of current officeholders and personnel such as delayed

effective dates for implementation; and

e. Other considerations and provisions that are consistent with state law.

4. The governing body of the city shall cause the complete text, or a fair and accurate

summary, of the plan to be published in the official newspaper of the city, not less than

two weeks nor more than thirty days, before the date of the election. The governing

body may, prior to the election, hold public hearings and community forums and use

other suitable means to disseminate information, receive suggestions and comments,

and encourage public discussion of the purpose and provisions of the plan.
N.D. Cent. Code § 40-59-01 — ND Code / Title 40 / Chapter 40-59 / Section 40-59-01
40-59-01. Armory or memorial funding
Status: in_force

40-59-01. Armory or memorial funding

The governing body of any municipality maintaining an armory annually may provide

funding from revenues derived from its general fund levy authority for armory or memorial hall

maintenance, repair, alteration, and reconstruction.
N.D. Cent. Code § 40-22-05 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-05
40-22-05. Condemnation of land and rights of way for special improvements - Taking of possession - Trial - Appeal - Vacation of judgment
Status: in_force

40-22-05. Condemnation of land and rights of way for special improvements - Taking

of possession - Trial - Appeal - Vacation of judgment.

Whenever property required to make any improvement authorized by this chapter is to be

taken by condemnation proceedings, the court, upon request by resolution of the governing

body of the municipality making such improvement, shall call a special term of court for the trial

of the proceedings and may summon a jury for the trial whenever necessary. The proceedings

shall be instituted and prosecuted in accordance with the provisions of chapter 32-15, except

that when the interest sought to be acquired is a right of way for the opening, laying out,

widening, or enlargement of any street, highway, avenue, boulevard, or alley in the municipality,

or for the laying of any main, pipe, ditch, canal, aqueduct, or flume for conducting water, storm

water, or sewage, whether within or without the municipality, the municipality may make an offer

to purchase the right of way and may deposit the amount of the offer with the clerk of the district

court of the county wherein the right of way is located, and may thereupon take possession of

the right of way forthwith. The offer shall be made by resolution of the governing body of the

municipality, a copy of which shall be attached to the complaint filed with said clerk of court in

accordance with section 32-15-18. The clerk shall immediately notify the owner or owners of the

land wherein the right of way is located of the deposit, by causing a notice to be appended to

the summons when served and published in said proceedings as provided in the North Dakota

Rules of Civil Procedure, stating the amount deposited or agreed in the resolution to be

deposited. The owner may thereupon appeal to the court by filing an answer to the complaint in

the manner provided in the North Dakota Rules of Civil Procedure, and may have a jury trial,

unless a jury be waived, to determine the damages. However, upon due proof of the service of

said notice and summons and upon deposit of the aggregate sum agreed in said resolution, the

court may without further notice make and enter an order determining the municipality to be

entitled to take immediate possession of the right of way. If under laws of the United States

proceedings for the acquisition of any right of way are required to be instituted in or removed to

a federal court, the proceedings may be taken in that court in the same manner and with the

same effect as provided in this section and the clerk of the district court of the county in which

the right of way is located shall perform any and all of the duties set forth in this section, if

directed to do so by the federal court. The proceedings shall be determined as speedily as

practicable. An appeal from a judgment in the condemnation proceedings shall be taken within

sixty days after the entry of the judgment, and the appeal shall be given preference by the

supreme court over all other civil cases except election contests. No final judgment in the

condemnation proceedings awarding damages to property used by a municipality for street,

sewer, or other purposes shall be vacated or set aside if the municipality shall pay to the

defendant, or shall pay into court for the defendant, in cash, the amount so awarded. The

municipality may levy special assessments to pay all or any part of the judgment and at the time

of the next annual tax levy may levy a general tax for the payment of the part of the judgment as

is not to be paid by special assessment. For the purpose of providing funds for the payment of

the judgment, or for the deposit of the amount offered for purchase of a right of way as provided

above, the municipality may issue warrants on the fund of the improvement district as provided

in section 40-24-19, in anticipation of the levy and collection of special assessments and of any

taxes or revenues to be appropriated to the fund in accordance with the provisions of this title.

The warrants may be issued upon the commencement of the condemnation proceedings or at

any time thereafter. Upon the failure of the municipality to make payment in accordance with this

section, the judgment in the condemnation proceedings may be vacated.
N.D. Cent. Code § 40-13-10 — ND Code / Title 40 / Chapter 40-13 / Section 40-13-10
40-13-10. Delivery of property, books, and other effects to successor in office
Status: in_force

40-13-10. Delivery of property, books, and other effects to successor in office

Within five days after notification and request, any officer of a municipality whose term has

expired shall deliver to the person's successor in office all property, books, and effects of every

description in the person's possession belonging to the municipality or pertaining to the person's

office. Upon the person's refusal to deliver such property, books, and other effects, the person

shall be liable for all damages caused thereby and subject to a penalty prescribed by ordinance.
N.D. Cent. Code § 40-58-05 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-05
40-58-05. Finding of necessity by governing body
Status: in_force

40-58-05. Finding of necessity by governing body

A municipality may not exercise any of the powers conferred upon municipalities by this

chapter until its governing body adopts a resolution finding that:

1. One or more slum or blighted areas or industrial or commercial properties exist in the

municipality; and

2. The development, rehabilitation, conservation, or redevelopment, or a combination

thereof, of the area or properties is necessary in the interest of the public economy,

health, safety, morals, or welfare of the residents of the municipality.
N.D. Cent. Code § 40-23-25 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-25
40-23-25. Future assessments on annexed property
Status: in_force

40-23-25. Future assessments on annexed property

The special assessment commission shall prepare and file with the city auditor a list of

estimated future assessments on property located outside the corporate limits of the city at the

time of contracting for an improvement but which the special assessment commission

determines is potentially benefited by the improvement and likely to be annexed to the city.
N.D. Cent. Code § 40-29-19 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-19
40-29-19. Notice of meeting of governing body to confirm snow and ice removal report and assessment
Status: in_force

40-29-19. Notice of meeting of governing body to confirm snow and ice removal

report and assessment.

The city auditor shall give notice of the hearing and confirmation of the report of snow and

ice removal and of the assessment therefor at the regular June meeting of the governing body.

Such notice shall notify all persons objecting to the report and assessment to appear and

present their objections. The notice shall be published once each week for two consecutive

weeks in the official municipal newspaper and the last publication shall not be less than eight

days before the date set for the hearing.
N.D. Cent. Code § 40-44-05 — ND Code / Title 40 / Chapter 40-44 / Section 40-44-05
40-44-05. Terms of members of commission or of commissioner - Clerk - Vacancies
Status: in_force

40-44-05. Terms of members of commission or of commissioner - Clerk - Vacancies

If a commission is created, the terms of office of the three commissioners first appointed

shall be one, three, and five years, respectively. Thereafter, original appointments shall be for a

five-year term. If a commissioner is appointed, the first appointment and any subsequent

original appointment shall be for a three-year term. In case of a vacancy in the office of a

member of the commission or in the office of the commissioner, the governing body shall fill the

vacancy by appointment for the balance of the term. The city auditor shall be ex officio clerk of

the commission or commissioner.
N.D. Cent. Code § 40-57-13 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-13
40-57-13. Bonds exempt from taxation - Exception
Status: in_force

40-57-13. Bonds exempt from taxation - Exception

Bonds issued under the provisions of this chapter, and the income therefrom, shall be

exempt from any taxes, except inheritance, estate, and transfer taxes.
N.D. Cent. Code § 40-61-17 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-17
40-61-17. Actions against an authority
Status: in_force

40-61-17. 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 § 40-46-08 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-08
40-46-08. Investment of surplus in fund - Limitations
Status: in_force

40-46-08. Investment of surplus in fund - Limitations

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

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

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

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

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

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

federally insured bank or savings and loan association. All securities in which moneys belonging

to the fund are invested shall be deposited with the treasurer of the board for safekeeping. The

board may also invest all or part of such surplus funds in other investments by selecting a

funding agent or agents and establish an investment agreement contract regarding such surplus

funds. The contract shall authorize the funding agent or agents to hold and invest such funds for

the board and such funds shall be placed for investment only with a firm or firms whose primary

endeavor is money management, and only after a trust agreement or contract has been

executed.
N.D. Cent. Code § 40-53.1-12 — ND Code / Title 40 / Chapter 40-53.1 / Section 40-53.1-12
40-53.1-12. Objections
Status: in_force

40-53.1-12. Objections

Any time during the period of publication and within a period of thirty days after the last

publication, any person may file objections to the application.
N.D. Cent. Code § 40-35-07 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-07
40-35-07. Form of ballot - When question submitted
Status: in_force

40-35-07. Form of ballot - When question submitted

The question provided for in section 40-35-06 shall be submitted to the electors on a ballot

separate from all other ballots and in substantially the following form:

Shall the ______________ (name of municipality) issue revenue bonds in the amount

of not to exceed $__________ (maximum amount of bonds) for the purpose of

________________ (purpose of issue)?

Yes ☐

No ☐

Such question may be submitted to the qualified electors at any general or municipal election or

at any special election called, held, and conducted upon the notice and in the manner specified

by law for the election of the governing body of the municipality.
N.D. Cent. Code § 40-05-17 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-17
40-05-17. City restriction of adult establishments - Definitions
Status: in_force

40-05-17. City restriction of adult establishments - Definitions

1. As used in this section, unless the context otherwise requires:

a. "Adult bookstore" means a bookstore having as a preponderance of its

publications, books, magazines, and other periodicals which are distinguished or

characterized by their emphasis on matter depicting, describing, or relating to

specified sexual activities or specified anatomical areas as defined in this

subsection.

b. "Adult establishment" means either an adult bookstore, an adult motion picture

theater, an adult mini-motion picture theater, or a massage business, all as

defined in this subsection.

c. "Adult mini-motion picture theater" means an enclosed building with a capacity for

less than fifty persons used for presenting motion pictures, a preponderance of

which are distinguished or characterized by an emphasis on matter depicting,

describing, or relating to specified sexual activities or specified anatomical areas

as defined in this subsection, for observation by patrons of the theater.

d. "Adult motion picture theater" means an enclosed building with a capacity of fifty

or more persons used for presenting motion pictures, a preponderance of which

are distinguished or characterized by an emphasis on matter depicting,

describing, or relating to specified sexual activities or specified anatomical areas

as defined in this subsection, for observation by patrons of the theater.

e. "Massage" means the manipulation of body muscle or tissue by rubbing, stroking,

kneading, or tapping, by hand or mechanical device.

f. "Massage business" means any establishment or business wherein massage is

practiced, including establishments commonly known as health clubs, physical

culture studios, massage studios, or massage parlors.

g. "Sexually oriented devices" means without limitation any artificial or simulated

specified anatomical area or any other device or paraphernalia that is designed in

whole or in part for specified sexual activities.

h. "Specified anatomical areas" means:

(1) Less than completely and opaquely covered human genitals and pubic

regions, buttocks, or female breasts below a point immediately above the

top of the areola.

(2) Human male genitals in a discernibly turgid state, even if completely and

opaquely covered.

i. "Specified sexual activities" means:

(1) Human genitals in a state of sexual stimulation or arousal;

(2) Acts of human masturbation, sexual intercourse, or sodomy; or

(3) Fondling or other erotic touchings of human genitals and pubic regions,

buttocks, or female breasts.

2. A determination of preponderance need not be based on whether or not a numerical

majority or plurality of the materials are distinguished or characterized by their

emphasis on matter depicting, describing, or relating to specified sexual activities or

specified anatomical areas. When making a determination as to whether an

establishment displays, sells, distributes, or exhibits a preponderance of materials

which are so distinguished or characterized, the governing body or factfinder shall

consider the totality of the circumstances and may consider, among other factors

deemed relevant, any of the following:

a. Dominant theme of the establishment.

b. Total impression of the emphasis placed on such materials by the establishment.

c. Externalities of the establishment, including the manner of packaging or display

and advertising which demonstrates the dominant theme or emphasis being

placed on such materials by the establishment.

d. Obtrusive characteristics of the materials which tend to distract from and

dominate the other classes of materials.

e. Manner of display of the materials.

f. Advertising emphasis.

g. Whether the establishment prohibits minors from entering the premises or any

portion thereof.

3. The governing body of any city may, by ordinance, provide that:

a. No building, premises, structure, or other facility that contains any adult

establishment, as defined in subsection 1, shall contain any other kind of adult

establishment.

b. No building, premises, structure, or other facility in which sexually oriented

devices, as defined in subsection 1, are sold, distributed, exhibited, or contained

shall contain any adult establishment, as defined in subsection 1.
N.D. Cent. Code § 40-22-44 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-44
40-22-44. Discontinuance of municipal parking lots
Status: in_force

40-22-44. Discontinuance of municipal parking lots

The governing body of a municipality may, if it deems it in the best interests of the

municipality, discontinue the operation of a municipal parking lot when there exists a higher and

better use for the property. If any portion of the cost of such parking lot has been paid for by

special assessment, the governing body shall, prior to making any determination to discontinue,

hold a public hearing concerning the continuance or discontinuance of such parking lot. The

governing body shall cause to be published once each week for two consecutive weeks in the

official newspaper of the municipality a notice of the time when and the place where the

governing body will meet to conduct the hearing required by this section. If the governing body,

after public hearing, determines that the parking lot may be put to a higher and better use, the

governing body is hereby authorized to take the necessary steps to effectuate that use. For this

purpose, the governing body is authorized to, but not limited to, enter into and complete

negotiations for the sale of the parking lot in question.
N.D. Cent. Code § 40-51.2-16 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-16
40-51.2-16. Effective date of annexation by administrative law judge - Classification of annexed agricultural lands for tax purposes
Status: in_force

40-51.2-16. Effective date of annexation by administrative law judge - Classification of

annexed agricultural lands for tax purposes.

Territory annexed to a city pursuant to petition to the director of the office of administrative

hearings is annexed as of the date of the order of the administrative law judge, except for tax

purposes, and a copy of the resolution with an accurate map of the annexed area, certified by

the executive officer of the city, must be filed and recorded with the county recorder. Annexation

is effective for the purpose of general taxation on and after the first day of the next January.

However, the city shall continue to classify as agricultural lands for tax purposes all lands in the

annexed area which were classified as agricultural lands immediately before the annexation

proceedings until those lands are put to another use.
N.D. Cent. Code § 40-45-22 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-22
40-45-22. Warrants on pension fund - Treasurer's report - Contents
Status: in_force

40-45-22. Warrants on pension fund - Treasurer's report - Contents

All pensions paid and all moneys drawn from the pension fund under the provisions of this

chapter shall be upon warrants signed by the board of trustees. Such warrants shall designate

the person to whom and the purpose for which payment is made. The treasurer's annual report

shall show the receipts and expenditures of the fund for the preceding fiscal year, the money on

hand, and how the same is invested.
N.D. Cent. Code § 40-39-04 — ND Code / Title 40 / Chapter 40-39 / Section 40-39-04
40-39-04. Vacation of streets and alleys where sewers, water mains, pipes, and lines located - Conditions
Status: in_force

40-39-04. Vacation of streets and alleys where sewers, water mains, pipes, and lines

located - Conditions.

No public grounds, streets, alleys, or parts thereof over, under, or through which have been

constructed, lengthwise, any sewers, water mains, gas, or other pipes, or telephone, electric, or

cable television lines, of the municipality or the municipality's grantees of the right of way

therefor, may be vacated unless the sewers, mains, pipes, or lines have been abandoned and

are not in use, or unless the grantee consents thereto, or unless perpetual easements for the

maintenance of the sewers, water mains, gas, or other pipes, or telephone, electric, or cable

television lines have been given. Any vacation of areas within which are located electric

facilities, whether underground or aboveground, is subject to the continued right of location of

such electric facilities in the vacated areas.
N.D. Cent. Code § 40-52-04 — ND Code / Title 40 / Chapter 40-52 / Section 40-52-04
40-52-04. Changing number and boundaries of wards and precincts
Status: in_force

40-52-04. Changing number and boundaries of wards and precincts

The number and boundaries of the wards and precincts in a city may be changed by an

ordinance adopted by a majority vote of the members of the governing body. Such ordinance

shall be introduced at a regular meeting of the board, and before final action is taken on the

proposed ordinance, it shall be published in the official newspaper of the city once each week

for four successive weeks. When the boundaries of wards are fixed by ordinance, the number of

such wards and the boundaries thereof shall not be changed for a period of two years, except

by adding thereto territory which is added to the city limits. The territory in a ward shall be

contiguous and compact, and no ward having a population of less than one hundred residents

shall be created. The terms "wards" and "precincts" shall have the meaning provided for in

section 40-21-09.
N.D. Cent. Code § 40-33.2-09 — ND Code / Title 40 / Chapter 40-33.2 / Section 40-33.2-09
40-33.2-09. Construction contracts
Status: in_force

40-33.2-09. Construction contracts

A city or municipal power agency may contract for the planning, acquisition, construction,

reconstruction, operation, maintenance, repair, extension, and improvement of generation and

transmission facilities outside of its corporate limits or those of its members, or may contract

with other public or private owners of these facilities to perform these functions, without

advertising for bids, preparing final plans and specifications in advance of construction, or

securing performance and payment bonds. If a payment bond is secured as provided in chapter

48-01.2, it is enforceable as therein provided, and no lien may be filed under chapter 35-27.
N.D. Cent. Code § 40-21-15 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-15
40-21-15. New election upon failure to elect
Status: in_force

40-21-15. New election upon failure to elect

If there is a failure to elect an officer required to be elected, the governing body of the

municipality may order a new election.
N.D. Cent. Code § 40-57.1-04 — ND Code / Title 40 / Chapter 40-57.1 / Section 40-57.1-04
40-57.1-04. Exemption from income tax - Notice to competitors - Limitations
Status: in_force

40-57.1-04. Exemption from income tax - Notice to competitors - Limitations

Upon application by a project operator to the state board of equalization, the net income of

a project may be exempt from state income tax for a period not exceeding five years from

commencement of project operations. The application for the exemption must be reviewed as to

the eligibility of the project by the department of commerce division of economic development

and finance and its recommendations forwarded to the state board of equalization. The project

operator shall provide notice to competitors in the manner prescribed by the state board of

equalization. The board shall determine whether the granting of the exemption is in the best

interest of the people of North Dakota and, if it so determines, approve the exemption. The

board shall, after making its determination, certify the findings back to the applicant and to the

tax commissioner. Nothing contained herein shall have the effect of exempting the project from

filing an annual income tax return.
N.D. Cent. Code § 40-12-12 — ND Code / Title 40 / Chapter 40-12 / Section 40-12-12
40-12-12. Form of ballots to be used in voting on initiated or referred ordinance
Status: in_force

40-12-12. Form of ballots to be used in voting on initiated or referred ordinance

The ballot to be used in voting upon an initiated ordinance shall be in substantially the

following form:

Shall an initiated ordinance relating to ______________ (stating the nature of the

proposed ordinance) be adopted?

Yes ☐

No ☐

The ballot to be used in voting upon a referred ordinance shall be in substantially the

following form:

Shall ordinance no. ________ relating to ______________ (stating the nature of the

proposed ordinance) approved by the board of city commissioners be approved?

Yes ☐

No ☐
N.D. Cent. Code § 40-08-20 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-20
40-08-20. Mayor may suppress disorder and keep peace
Status: in_force

40-08-20. Mayor may suppress disorder and keep peace

The mayor may exercise within the city limits the powers conferred upon a sheriff to

suppress disorder and keep the peace.
N.D. Cent. Code § 40-51.2-15 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-15
40-51.2-15. Review of determination of administrative law judge by certiorari
Status: in_force

40-51.2-15. Review of determination of administrative law judge by certiorari

Within thirty days after receipt of the administrative law judge's order, any interested party

dissatisfied with the decision may apply to the district court for a writ of certiorari. The review

upon the writ may extend only to the determination of whether the administrative law judge has

acted regularly and has not exceeded the administrative law judge's jurisdiction or abused the

administrative law judge's discretion under this chapter.
N.D. Cent. Code § 40-49-16 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-16
40-49-16. City engineer is ex officio engineer and surveyor for board of park commissioners
Status: in_force

40-49-16. City engineer is ex officio engineer and surveyor for board of park

commissioners.

The city engineer of any city included within a park district shall be ex officio engineer and

surveyor for the board of park commissioners and shall render to the board such services as it

may require.
N.D. Cent. Code § 40-34-12 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-12
40-34-12. Appeal from decision of public service commission in revesting title - Conditions
Status: in_force

40-34-12. Appeal from decision of public service commission in revesting title -

Conditions.

Any party in interest feeling aggrieved by the determination of the public service

commission revesting the title to and ownership of the utility or improvement in the municipality

or municipalities may appeal, within sixty days after the date of the issuance of such certificate

of ownership or other decision by such commission, to the district court of the county in which

such utility or improvement, or some part thereof, is located, for a review and trial de novo of the

determination of the public service commission therein. The court, in such a case, may permit

the party in possession to continue the operation of such utility and improvement upon the

giving of a suitable bond, with such surety and upon such conditions as the court may fix.
N.D. Cent. Code § 40-55-05 — ND Code / Title 40 / Chapter 40-55 / Section 40-55-05
40-55-05. Bonds may be issued providing for such facilities
Status: in_force

40-55-05. Bonds may be issued providing for such facilities

The governing body of any municipality, school district, or park district, pursuant to law, may

provide that the bonds of such municipality, school district, or park district may be issued in the

manner provided by law for the issuance of bonds for other purposes, for the purpose of

acquiring lands or buildings for community centers, playgrounds, recreation centers, and other

recreational and character-building purposes and for the equipment thereof.
N.D. Cent. Code § 40-29-05 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-05
40-29-05. Assessment of expense
Status: in_force

40-29-05. Assessment of expense

The expense of constructing, repairing, or rebuilding sidewalks must be assessed against

the lots or parcels of land benefited by the sidewalk by the city engineer, or by the street

commissioner in cities having no city engineer, who shall return the assessment and file it in the

office of the city auditor. The city auditor shall cause such assessment, together with a notice of

the time when and place where the governing body will meet to consider the approval thereof, to

be published in one issue of the official newspaper of the city at least ten days prior to the

meeting of the governing body at which the approval of the assessment will be considered.
N.D. Cent. Code § 40-45-10 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-10
40-45-10. Period of service spent in armed forces to be included as service in department
Status: in_force

40-45-10. Period of service spent in armed forces to be included as service in

department.

Any member of a police department who has resigned therefrom or who shall resign

therefrom, or who has been granted or shall be granted a leave of absence to serve in the

armed forces of the United States or armed forces reserve thereof, or who shall have been

selected for training under the selective service provisions of the laws of the United States and

has returned with an honorable discharge from, or other document showing honorable service

in, such service to the police department, shall have the period of such service included as part

of the person's period of service in the department.
N.D. Cent. Code § 40-27-02 — ND Code / Title 40 / Chapter 40-27 / Section 40-27-02
40-27-02. Issuance of funding bonds - Question need not be submitted to electors nor to board of budget review
Status: in_force

40-27-02. Issuance of funding bonds - Question need not be submitted to electors nor

to board of budget review.

The bonds provided for in section 40-27-01 may be issued pursuant to a resolution or

ordinance of the governing body of the municipality without submitting the question to the

electors of the municipality. The question of the issuance of such bonds need not be submitted

to the board of budget review in the manner provided for other bond issues.
N.D. Cent. Code § 40-05-27 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-27
40-05-27. Floodplain management ordinances - Requirements - Limitations - Definitions - Enforcement
Status: in_force

40-05-27. Floodplain management ordinances - Requirements - Limitations -

Definitions - Enforcement.

1. As used in this chapter:

a. "Floodplain management" has the same meaning as in section 61-16.2-02.

b. "Floodplain management ordinance" has the same meaning as in section

61-16.2-02.

c. "Indian country" means:

(1) Land within the limits of any Indian reservation that is under the jurisdiction

of the United States government and located within this state,

notwithstanding the issuance of any patent, and, including rights of way

running through the reservation;

(2) Dependent Indian communities within this state whether within the original

or subsequently acquired territory of the state; and

(3) Indian allotments within this state, the Indian titles to which have not been

extinguished, including rights of way running through the allotted land.

2. The governing body of a city may exercise floodplain management authority under

chapter 61-16.2. If a governing body of a city undertakes floodplain management, the

governing body of a city shall enact a floodplain management ordinance over all

persons and property within the boundaries of the city's zoning jurisdiction as provided

under chapter 40-47 or within the exterior boundaries of Indian country.

3. Upon enactment of a floodplain management ordinance by a city under this section,

the city auditor shall forward the ordinance to the department of water resources for

inclusion in the central repository established under section 61-16.2-15.

4. The city auditor of a city exercising floodplain management authority shall certify to the

department of water resources by March thirty-first of each year that the city is

undertaking floodplain management activities under chapter 61-16.2.

5. A city exercising floodplain management authority is not required to activate its zoning

authority under chapter 40-47 before enacting a floodplain management ordinance.

6. In a city exercising floodplain management, the governing body of the city shall

enforce an ordinance or regulation enacted under this section. The governing body of

the city may impose enforcement duties on an officer, department, agency, or

employee of the city.
N.D. Cent. Code § 40-01-18 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-18
40-01-18. Other provisions applicable to municipalities situated in more than one county
Status: in_force

40-01-18. Other provisions applicable to municipalities situated in more than one

county.

The holding of elections, organization of the board of elections, the election and term of

office of the original officers, and the powers and duties of officers of a city embracing territory in

more than one county shall be governed by the provisions of this title relating to cities under the

council form of government, or to cities under the commission system of government, as the

case may be.
N.D. Cent. Code § 40-18.1-18 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-18
40-18.1-18. Transfer to district court - Expenses of prosecution - Division of funds and expenses among city, county, and state
Status: in_force

40-18.1-18. Transfer to district court - Expenses of prosecution - Division of funds

and expenses among city, county, and state.

1. A defendant may request in writing to transfer the case to district court and to exercise

the defendant's right to a jury trial within twenty-eight days after arraignment. If the

request is filed within twenty-eight days after the arraignment, the judge shall grant the

request.

2. If the defendant waives a jury trial after a transfer to district court, the district court

shall remand the matter to the municipal court for disposition and sentencing if the

parties agree to a remand.

3. Unless remanded to the municipal court by agreement of the parties, the district court

retains jurisdiction for sentencing and enforcement.

4. The city shall provide a prosecuting attorney and, in the case of an indigent defendant,

a defense attorney. The city may contract with the county, state, or any person for the

prosecution or defense services.

5. The city, county, and state may agree to a division of any fees, fines, costs, forfeitures,

and any other monetary consideration collected from cases transferred under this

section, which must be paid to the city general fund and the county treasury and the

state general fund at least once each quarter. At the time of payment, the clerk of

district court shall account under oath to the city auditor, county treasurer, and state

treasurer for all money collected. In the contract, the city, county, and state may agree

to a division of expenses, including jury and witness expenses, related to cases

transferred under this section. In the absence of a contract, all fees, fines, costs,

forfeitures, and any other monetary consideration collected from transferred cases

must be deposited in the state general fund.
N.D. Cent. Code § 40-50.1-01 — ND Code / Title 40 / Chapter 40-50.1 / Section 40-50.1-01
40-50.1-01. Laying out townsites, additions, and subdivisions - Survey and plat required - Contents of plat
Status: in_force

40-50.1-01. Laying out townsites, additions, and subdivisions - Survey and plat

required - Contents of plat.

Any person desiring to lay out a townsite, an addition to a townsite, or a subdivision of land

shall cause the land to be surveyed and a plat made of the land. The written plat must comply

with the following:

1. The plat must describe particularly and set forth all the streets, alleys, and public

grounds, and all outlots or fractional lots within or adjoining the townsite or jurisdiction,

together with the names, widths, courses, boundaries, and extent of all such streets,

alleys, and public grounds, and giving the dimensions of all lots, streets, alleys, and

public grounds.

2. All lots and blocks, however designated, must be numbered in progressive numbers

and their precise length, width, and area be stated on the map or plat. The streets,

alleys, or roads which divide or border the lots must be shown on the map or plat.

3. The plat must indicate that all outside boundary monuments have been set and

indicate those interior monuments that have been set. There must be shown on the

plat all survey and mathematical information, including bearings and distances, and

data necessary to locate all monuments and to locate and retrace all interior and

exterior boundary lines appearing on the plat. All interior lot lines and exterior

boundary lines of the plat must be correctly designated on the plat and show bearings

on all straight lines, or angles at all angle points, and central angle, radius, and arc

length for all curves. All distances must be shown between all monuments as

measured to the hundredth of a foot [0.3048 centimeter]. All lot distances must be

shown on the plat to the nearest hundredth of a foot [0.3048 centimeter] and all curved

lines within the plat must show central angles, radii, and arc distances. A north arrow

and the scale of the plat must be shown on the plat. The scale must be of a dimension

that the plat may be easily interpreted. If a curved line constitutes the line of more than

one lot in any block of a plat, the central angle for that part of each lot on the curved

line must be shown.

4. Ditto marks may not be used on the plat for any purposes.

5. If a river, stream, creek, or lake constitutes a boundary line within or of the plat, a

survey line must be shown with bearings or angles and distances between all angle

points and their relation to a waterline, and all distances measured on the survey line

between lot lines must be shown, and the survey line shown as a dashed line.

6. The unadjusted outside boundary survey and the plat survey data must close by

latitude and departure with an error that does not exceed one part in ten thousand

parts.

7. All rivers, streams, creeks, lakes, and all public highways, streets, and alleys of record

must be correctly located and plainly shown and designated on the plat.

8. The names and adjacent boundary lines of any adjoining platted lands must be dotted

on the plat.

9. The scale must be shown graphically and the basis of bearings must be shown. The

plat must be dated as to the completion of the survey and preparation of the plat.

10. The purpose of any easement shown on the plat must be clearly stated. Building

setbacks may not be shown on the plat.

11. Any plat which includes lands abutting upon any lake, river, or stream must show a

contour line denoting the present shoreline, water elevation, and the date of survey. If

any part of a plat lies within the one hundred year floodplain of a lake, river, or stream

as designated by the department of water resources or a federal agency, the mean

sea level elevation of that one hundred year flood must be denoted on the plat by

numerals. Topographic contours at a two-foot [60.96-centimeter] contour interval

referenced to mean sea level must be shown for the portion of the plat lying within the

floodplain. All elevations must be referenced to a durable benchmark described on the

plat with its location and elevation to the nearest hundredth of a foot [0.3048

centimeter], which must be given in mean sea level datum.
N.D. Cent. Code § 40-40-10 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-10
40-40-10. Certified copies of levy and final budget sent to county auditor
Status: in_force

40-40-10. Certified copies of levy and final budget sent to county auditor

Immediately after the completion of the final budget and the adoption of the annual tax levy

by the governing body of a municipality in accordance with the provisions of this chapter, and in

no case later than October tenth, the auditor of the municipality shall send to the county auditor

a certified copy of the levy as adopted and a certified copy of the final budget.
N.D. Cent. Code § 40-14-03 — ND Code / Title 40 / Chapter 40-14 / Section 40-14-03
40-14-03. When term of elective officer begins
Status: in_force

40-14-03. When term of elective officer begins

Under the city council form of government, the term of each elective officer commences on

the first day of July of the year in which the officer is elected.
N.D. Cent. Code § 40-57-02 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-02
40-57-02. Definitions
Status: in_force

40-57-02. Definitions

As used in this chapter, unless a different meaning clearly appears from the context:

1. "Municipality" means counties as well as municipalities of the types listed in subsection

4 of section 40-01-01 and, in the case of parking projects, municipal parking

authorities created pursuant to section 40-61-02 and the public finance authority or

any successor in interest to the public finance authority for the purpose of issuing

revenue bonds under this chapter. In acting as a municipality under this chapter, the

public finance authority or its successor in interest shall follow the provisions of this

chapter to the extent applicable or practicable but it need not comply with the notice

and hearing provisions contained in sections 40-57-04 and 40-57-04.1 or the

provisions of section 40-57-10. In the event of a conflict between the provisions of this

chapter and chapter 6-09.4, the provisions of chapter 6-09.4 govern.

2. "Project" means any real property, buildings, and improvements on real property,

including water and sewer lines and other underground infrastructure, and the

buildings on the real property, and any equipment located on the real property or in the

buildings, or elsewhere, or personal property, including working capital, which is used

or useful in connection with a revenue-producing enterprise, or any combination of two

or more revenue-producing enterprises, engaged or to be engaged in:

a. Assembling, fabricating, manufacturing, mixing, or processing of any agricultural,

mineral, or manufactured products, or any combination thereof.

b. Storing, warehousing, distributing, or selling any products of agriculture, mining,

or manufacture.

c. Providing child care facilities or hospital, nursing home, or other health care

facilities and service.

d. Improvements or equipment used or to be used for the abatement or control of

environmental pollution in connection with any new or existing revenue-producing

enterprise.

e. Public career and technical education.

f. Any other industry or business not prohibited by the constitution or laws of the

state of North Dakota.

In no event, however, does the term "project" include those undertakings defined in

chapter 40-35, with the exception of projects referred to in this subsection.

3. "Revenue agreement" means a written agreement between a municipality and a

contracting party with respect to a project, whereby the contracting party agrees to pay

to the municipality or its order amounts sufficient at all times to pay when due the

principal of, premium, if any, and interest on all bonds issued by the municipality with

respect to that project. A revenue agreement may be in the form of a lease, mortgage,

direct or installment sale contract, loan agreement, take-or-pay or similar agreement,

and be secured in a manner the parties agree to or be unsecured.
N.D. Cent. Code § 40-33-19 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-19
40-33-19. Agreements authorized - Special rates and charges
Status: in_force

40-33-19. Agreements authorized - Special rates and charges

In and by such resolutions and contract the city may bind itself to establish and maintain

special rates and charges for the service of said plant, over and above its regular water rates,

sufficient to produce net revenues adequate to make all payments of principal and interest on

said revenue bonds or certificates when such payments become due, or to establish and

maintain a prescribed schedule of such rates and charges, to pay, at an agreed rate or rates, for

treatment of all water used by the city and not resold, and to do and perform any other acts or

things which, in the discretion of the governing body, are deemed reasonable and appropriate

for the construction, operation, and financing of said plant on the most efficient and economical

basis, and the city may make covenants and agreements with respect to any and all of the

matters stated in section 40-35-13.
N.D. Cent. Code § 40-32-04 — ND Code / Title 40 / Chapter 40-32 / Section 40-32-04
40-32-04. Improvement - When made - Expenses
Status: in_force

40-32-04. Improvement - When made - Expenses

If the improvement is not objected to or is not completed or commenced, as the case may

be, within the time prescribed in the notice, or if the improvement specified in the notice consists

of the maintenance of a boulevard or some improvement thereon, the city, in the event that the

owner does not inform the city auditor in writing, within ten days after the service of the notice,

that the improvement will be made, shall make the improvement or shall order the same to be

made by such person as the city may have contracted with, under the direction of the street

commissioner, at the expense of the lot or parcel of land adjoining the improvement. The

expense of the improvement shall include the expense of giving all notices in connection with

the work, of making assessments, and of any other nature incurred in doing such work.
N.D. Cent. Code § 40-05-13 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-13
40-05-13. Foreign city - Power to convey realty - Regulations governing
Status: in_force

40-05-13. Foreign city - Power to convey realty - Regulations governing

Any real estate in this state owned by a city situated in another state may be conveyed by a

warranty or quitclaim deed executed by and on behalf of such city in its corporate name by its

executive officer and city auditor. The deed, when so executed and when acknowledged by the

executive officer and city auditor for and on behalf of the city, before an officer competent to take

acknowledgments, shall be entitled to record.
N.D. Cent. Code § 40-29-11 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-11
40-29-11. Payment of assessments - Interest
Status: in_force

40-29-11. Payment of assessments - Interest

All assessments for sidewalks must be payable in equal annual amounts extending over a

period not exceeding twenty years and must bear interest at an annual rate of not more than

two percentage points above the average net annual interest rate on warrants for the total

amount of the assessments remaining unpaid. Anyone may pay the sidewalk assessment in one

single payment, and anyone who has paid one or more installments may pay the balance in one

payment.
N.D. Cent. Code § 40-25-03 — ND Code / Title 40 / Chapter 40-25 / Section 40-25-03
40-25-03. Foreclosure of property if only special assessment is delinquent
Status: in_force

40-25-03. Foreclosure of property if only special assessment is delinquent

If there is no delinquent general tax against any parcel of real estate and it is foreclosed for

special assessments alone, the notice of foreclosure of tax lien must contain a statement to the

effect that the foreclosure is for special assessments. If the foreclosure is made only for special

assessments assessed by a municipality or by a taxing district other than the county, the county

auditor shall issue a tax deed to the municipality or taxing district which assessed such special

assessments in the usual course of procedure.
N.D. Cent. Code § 40-25-07 — ND Code / Title 40 / Chapter 40-25 / Section 40-25-07
40-25-07. Measure of damages when negligence of taxing district shown
Status: in_force

40-25-07. Measure of damages when negligence of taxing district shown

If it is shown that any municipality or other taxing district has been guilty of negligence

which will amount to a breach of its duty to holders of special assessment warrants, such

municipality or taxing district shall be liable in damages to the holders of the special assessment

warrants. Such damages, however, shall be limited to the actual damages sustained by the

warrant holder or holders as the direct and proximate result of such negligence. If the damage

for negligence is predicated upon any act of the municipality or other taxing district which

resulted in the loss of any special assessment lien upon real property, the measure of damages

shall be limited to the value at the time of trial of the property upon which the lien was lost over

and above the amount of the general taxes delinquent against such property at the time that the

county acquired title thereto. The face amount of the warrants involved in any action shall be

considered only as a limitation of the amount which may be recovered in such action on said

special assessment warrants.
N.D. Cent. Code § 40-38-02 — ND Code / Title 40 / Chapter 40-38 / Section 40-38-02
40-38-02. Library fund - Financial report - Levy - Kept separate - Exemption for city levying tax - Increasing levy
Status: in_force

40-38-02. Library fund - Financial report - Levy - Kept separate - Exemption for city

levying tax - Increasing levy.

1. For the purpose of establishing and maintaining public library service, the governing

body of a municipality or county authorizing the same shall establish a library fund.

The library fund shall consist of annually levying and causing to be collected as other

taxes are collected a municipal or county tax not exceeding the limitations in

subsection 6 of section 57-15-06.7 and subsection 4 of section 57-15-10 and any other

moneys received for library purposes from federal, state, county, municipal, or private

sources. In the year for which the levy is sought, a library board seeking approval of a

property tax levy under this chapter must file with the auditor of each participating

municipality or county, at a time and in a format prescribed by the auditors, a financial

report for the preceding calendar year showing the ending balances of each fund held

for the library board during that year.

2. The city auditor or county treasurer shall establish and maintain the fund to account for

library revenues and shall make payments from the fund for invoices that have been

submitted and approved by the governing body of the library. In the case of a contract

with another library for service delivery, the city auditor or county treasurer shall

promptly transmit all funds received to the established library fund of the agency

delivering service. On request of the city auditor or county treasurer and during an

audit, the governing board of the library shall supply its records. The records must be

provided on a timely basis. The fund may not revert to the governing body of the city or

county at the end of any fiscal year. The fund must be used exclusively for the

establishment and maintenance of public library service.

3. The governing board of the library may request annually from the governing body of a

city or county a tax not exceeding the limitation in subsection 5 of section 57-15-10.

Such tax may be levied by the governing body of a city or county.

4. If a county levies for county library service and a city levies a tax for public library

service under this section the county tax levy within that city must be reduced so the

total levy in that city does not exceed four mills. If the city has been totally exempted

from a county library service levy under this section, the phrase "not less than fifty-one

percent of the qualified electors of the city or county as determined by the total number

of votes cast at the last general election" as stated in section 40-38-01 shall mean

fifty-one percent of the total number of votes cast at the last general election in the

county less the total number of votes cast at the last general election in the city. If an

election on the question is held, the qualified electors of any city so exempted from the

county library tax shall not be entitled to vote on the establishment or discontinuance

of the county library service.

5. Upon motion of the governing body or upon petition of not less than twenty-five

percent of the qualified electors in the last general election of any city, school district,

township, or county, filed not less than sixty days before the next election, the

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

of whether the governing body shall increase the mill levy a specified amount for public

library service above the mill levy limitation set out in this section. The governing body

may call a special election at any time for the purpose of voting on the question, and

the election shall be called, conducted, and certified as are other elections in that

political subdivision. Upon approval by sixty percent of the qualified electors voting in

the election, the governing body shall increase the levy for public library service in the

amount approved by the qualified electors.
N.D. Cent. Code § 40-49-02 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-02
40-49-02. Cities may take advantage of chapter - Vote required - How taken
Status: in_force

40-49-02. Cities may take advantage of chapter - Vote required - How taken

Any incorporated city by a two-thirds vote of its governing body, at a regular meeting of such

governing body, may take advantage of the provisions of this chapter. The vote of the governing

body on such question shall be taken by yeas and nays.
N.D. Cent. Code § 40-09-08 — ND Code / Title 40 / Chapter 40-09 / Section 40-09-08
40-09-08. President of board as executive officer - Duties - No veto power
Status: in_force

40-09-08. President of board as executive officer - Duties - No veto power

The president of the board of city commissioners shall be the executive officer of the city

and shall see that all the laws of the city are enforced. The president shall have the right to vote

as a member of the board but shall have no veto power.
N.D. Cent. Code § 40-38-12 — ND Code / Title 40 / Chapter 40-38 / Section 40-38-12
40-38-12. Library records - Open records exception
Status: in_force

40-38-12. Library records - Open records exception

Any record maintained or received by a library receiving public funds, which provides a

library patron's name or information sufficient to identify a patron together with the subject about

which the patron requested information, is considered private and is excepted from the public

records disclosure requirements of section 44-04-18. These records may be released when

required pursuant to a court order or a subpoena.
N.D. Cent. Code § 40-24-21 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-21
40-24-21. Warrants may be used as payment to contractor
Status: in_force

40-24-21. Warrants may be used as payment to contractor

Special improvement warrants may be used in making payments on contracts for the

improvements for which the special improvement fund was created at not less than the par

value thereof.
N.D. Cent. Code § 40-45-18 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-18
40-45-18. Qualification under Social Security Act authorized - Reduction of retirement benefits
Status: in_force

40-45-18. Qualification under Social Security Act authorized - Reduction of retirement

benefits.

In the event that the federal Social Security Act shall be extended by the Congress of the

United States to municipal employees, the governing body of any municipality may take all

steps necessary to qualify its employees, subject to the terms of this chapter, for benefits under

the retirement provisions of the said Social Security Act. In such event, the benefits received

under and by virtue of any retirement plan established under the provisions of this chapter shall

be reduced by the benefits received under the federal Social Security Act.
N.D. Cent. Code § 40-22-07 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-07
40-22-07. Dispensing with preliminary requirements in making improvements in conjunction with highway department or county
Status: repealed

40-22-07. Dispensing with preliminary requirements in making improvements in

conjunction with highway department or county.

Repealed by S.L. 1963, ch. 294, § 2.
N.D. Cent. Code § 40-12-01 — ND Code / Title 40 / Chapter 40-12 / Section 40-12-01
40-12-01. Initiative and referendum apply only in commission and modern council cities
Status: in_force

40-12-01. Initiative and referendum apply only in commission and modern council

cities.

The provisions of this chapter relative to the initiating and referring of municipal ordinances

shall apply only in cities operating under the commission and modern council system of

government.
N.D. Cent. Code § 40-51.2-06 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-06
40-51.2-06. Petition of owners and electors - Annexation or exclusion - Classification of annexed agricultural lands for tax purposes
Status: in_force

40-51.2-06. Petition of owners and electors - Annexation or exclusion - Classification

of annexed agricultural lands for tax purposes.

If the governing body annexes the area, it shall do so by ordinance. When a copy of the

ordinance and an accurate map of the annexed area, certified by the executive officer of the

city, are filed and recorded with the county recorder, the annexation becomes effective. An

annexation is effective for the purpose of general taxation on and after the first day of the next

January. However, the city shall continue to classify as agricultural lands for tax purposes all

lands in the annexed area which were classified as agricultural lands immediately before the

annexation proceedings until those lands are put to another use. If the governing body

determines to exclude the area petitioned for, it may do so by ordinance adopted and recorded

as in the case of annexation.
N.D. Cent. Code § 40-35-19 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-19
40-35-19. Receiver subject to jurisdiction of court - Jurisdiction of court
Status: in_force

40-35-19. Receiver subject to jurisdiction of court - Jurisdiction of court

In the exercise of the powers conferred upon a receiver by this chapter, a receiver shall act

under the direction and supervision of the court by which the receiver was appointed and shall

be subject at all times to the orders and decrees of such court and may be removed by it.

Nothing contained in this chapter shall limit or restrict the jurisdiction of such court to enter such

other and further orders and decrees as it may deem necessary or appropriate for the exercise

by the receiver of any functions specifically set forth in this chapter.
N.D. Cent. Code § 40-05-01.1 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-01.1
40-05-01.1. Assessment of costs of work done necessary for the general welfare
Status: in_force

40-05-01.1. Assessment of costs of work done necessary for the general welfare

Whenever it becomes necessary for the general welfare, public health, fire protection, or

public safety to order an owner or occupant of property to do certain work provided for by

ordinance, and such owner or occupant refuses to conduct or comply with such order, the work

may be done by the municipality and the owner or occupant of such property billed for the same

by the municipality, or whenever a municipality for the general welfare, public health, fire

protection, or public safety establishes by ordinance and maintains and operates a garbage and

rubbish collection and removal system, the cost of such service may be charged to the owner or

occupant of the property served. If such bill is not paid when due, the amount thereof may be

assessed against the premises on which such work is done, or for which the service is

rendered, and collected and returned in the same manner as other municipal taxes are

assessed, certified, collected, and returned. This section shall not be construed to limit or affect

in any manner any methods which now or in the future may be used for the collection of costs

incurred by the municipality for the purposes set forth in this section, but the remedies provided

for herein shall be in addition to such methods.
N.D. Cent. Code § 40-46-09.2 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-09.2
40-46-09.2. Purchase of legislative service credit
Status: in_force

40-46-09.2. Purchase of legislative service credit

An employee of a city having a pension fund under this chapter may, prior to retirement,

purchase service for inclusion in the period of service required under this chapter for eligibility

for retirement the time during each legislative session spent serving as a member of the

legislative assembly while a member of the pension fund. The employee shall pay for this

service an amount equal to the required member assessments and employer contributions plus

interest as established by the board of trustees. Service credit for legislative sessions prior to

July 1, 1985, must be purchased before January 1, 1986. Service credit for each later legislative

session must be purchased within one year after the adjournment of that legislative session.
N.D. Cent. Code § 40-48-05 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-05
40-48-05. Traveling expenses
Status: in_force

40-48-05. Traveling expenses

When duly authorized by the commission, members thereof may attend planning

conferences or meetings of planning institutes or hearings upon pending legislation, and the

commission may pay the reasonable traveling expenses incident to such attendance pursuant

to a resolution spread upon its minutes.
N.D. Cent. Code § 40-04.1-02 — ND Code / Title 40 / Chapter 40-04.1 / Section 40-04.1-02
40-04.1-02. Compensation of council members
Status: in_force

40-04.1-02. Compensation of council members

The members of the council are entitled to receive such compensation for their services as

is fixed by ordinance.
N.D. Cent. Code § 40-48-36 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-36
40-48-36. Protest against resolution as a taking of property
Status: in_force

40-48-36. Protest against resolution as a taking of property

If any owner of property lying within any lines for the proposed opening and widening, or the

opening and widening of any street, or between any future street line and the nearest public

highway, shall claim that the adoption of any resolution or ordinance or the refusal to issue a

building permit to the owner or the prohibition of building or construction by the owner shall

constitute a taking of the owner's property by the municipality, said owner, within three months

after the recording in the office of the appropriate recorder of the notice provided in section

40-48-35, may file with the governing body a protest against the alleged taking of the owner's

property and a demand that the municipality adopting such resolution either vacate the same as

to the property of such owner, or compensate the owner therefor, or commence the

condemnation thereof within three months after the filing of the owner's written protest and

claim. If the municipality shall fail to vacate such resolution as to the property of the protesting

owner, or to compensate the owner for the right to construct any building, fence, or other

structure, or to commence proceedings for the condemnation thereof within three months after

the receipt of such written protest and demand, such resolution shall be vacated automatically

and annulled as to the property of such protesting owner.
N.D. Cent. Code § 40-49-07 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-07
40-49-07. Election and qualification of members of board of park commissioners
Status: in_force

40-49-07. Election and qualification of members of board of park commissioners

1. The members of the board of park commissioners shall possess the qualifications of

electors of the city and must be elected by the qualified electors of the park district.

The members of the first board may be elected at any regular city election or at a

special election called for that purpose by the governing body of the city. After the first

board is elected, the members of the board must be elected at the regular city

elections.

2. The elected members shall qualify by the first day of July following their election by

taking and filing with the city auditor the oath prescribed for civil officers. The board of

park commissioners may enter into an agreement with the governing body of the city

concerning sharing of election personnel, printing of election materials, and

apportioning of election expenses.

3. The board of park commissioners may adopt the same signature threshold for

nominating petitions for candidates to the board of park commissioners when a city

governing board has exercised its authority under subsection 9 of section 40-05.1-06

to change the signature threshold for nominating petitions for city candidates.
N.D. Cent. Code § 40-23-11 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-11
40-23-11. Alteration of assessments at hearing - Limitations
Status: in_force

40-23-11. Alteration of assessments at hearing - Limitations

At the hearing, the commission may make such alterations in the assessments as in its

opinion may be just or necessary to correct any error in the assessment list. The commission

may increase or diminish any assessment as may be just and necessary to make the aggregate

of all assessments equal to the total amount required to pay the entire cost of the work for which

such assessments are made or the part of such cost to be paid by special assessment. No

assessment shall exceed the benefits as determined by the commission to the parcel of land

assessed.
N.D. Cent. Code § 40-09-12 — ND Code / Title 40 / Chapter 40-09 / Section 40-09-12
40-09-12. Departments of administration of city divided among commissioners - Duties
Status: in_force

40-09-12. Departments of administration of city divided among commissioners -

Duties.

The board of city commissioners, by a majority vote of all the members thereof, shall

designate from among its members:

1. A police and fire commissioner who shall have under that commissioner's special

charge the enforcement of all police regulations of the city and the general supervision

of the fire department of the city.

2. A commissioner of streets and improvements who shall have under that

commissioner's special charge the supervision of the streets and alleys of the city and

who shall be charged with responsibility for the lighting, cleaning, and sanitary

condition of the streets and alleys and with the enforcement of all rules and regulations

relating thereto, and with the preservation of the health of the inhabitants of the city.

That commissioner shall have under that commissioner's special charge the

supervision of all public improvements and shall see that all contracts for such

improvements and the conditions of all grants of franchises or privileges are complied

with faithfully and performed.

3. A waterworks and sewerage commissioner who shall have under that commissioner's

special charge the waterworks and sewerage department of the city and who shall see

to the enforcement of all regulations with respect to those departments and all revenue

pertaining to those departments.

4. A commissioner of finance and revenue who shall have under that commissioner's

special charge the enforcement of all laws for the assessment and collection of taxes

of every kind and the collection of all revenues belonging to the city, from whatever

source the same may be derived, and who shall examine into and keep informed as to

the finances of the city.

The duties assigned to the various members of the board by this section may be otherwise

distributed by a majority vote of the board's members.
N.D. Cent. Code § 40-48-10 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-10
40-48-10. Hearing on plan before adoption by commission - Resolution to adopt - Action recorded on plan and maps - Governing body to receive copy of plan
Status: in_force

40-48-10. Hearing on plan before adoption by commission - Resolution to adopt -

Action recorded on plan and maps - Governing body to receive copy of plan.

Before adopting the master plan or any part of it or any substantial amendment thereof, the

planning commission shall hold at least one public hearing thereon. Notice of the time of such

hearing shall be given by one publication in the official municipal newspaper. The adoption of

the plan, or of a part thereof or amendment thereto, shall be by a resolution of the commission

carried by the affirmative votes of not less than two-thirds of the members thereof. The

resolution shall refer expressly to the maps and descriptive matter intended by the commission

to form the whole or part of the plan or amendment. The action taken by the commission shall

be recorded on the map, plan, and descriptive matter by the identifying signature of the

secretary of the commission. An attested copy of the master plan shall be certified to the

governing body of the municipality.
N.D. Cent. Code § 40-01-08 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-08
40-01-08. Removal of building when taxes and special assessments or share of bonded indebtedness are due - Lien - Penalty
Status: in_force

40-01-08. Removal of building when taxes and special assessments or share of

bonded indebtedness are due - Lien - Penalty.

No person may remove a building from any lot or tract of land in any municipality, unless it is

assessed as personalty or exempt from taxation, until after the taxes and special assessments

then due have been paid, nor until the owner shall have paid into the sinking fund for the

retirement of any bonded indebtedness of the municipality an amount equal to the just share of

the tax which would then be required against the property in the municipality to pay the principal

outstanding, less amount in sinking funds, of the bonded indebtedness of the municipality. The

phrase "taxes and special assessments then due" means all taxes and special assessments

that have been levied plus a pro rata estimated tax for the current assessment year. For

property classified as residential, "special assessments then due" means the sum of the

installments of special assessments certified to the county auditor for extension on the tax list

plus the pro rata installment of the special assessment to be certified in the current assessment

year. If the building is removed without the payment of the taxes and special assessments and

pro rata share of bonded indebtedness, the taxes, special assessments, and pro rata share of

bonded indebtedness shall be a lien on the building notwithstanding its removal as well as upon

the lot, lots, tract, or tracts of land from which the building was removed. This section does not

apply where a building is removed to permit the erection or installation of improvements equal or

greater in value than the building removed. Any person violating the provisions of this section is

guilty of a class A misdemeanor.
N.D. Cent. Code § 40-57.1-02 — ND Code / Title 40 / Chapter 40-57.1 / Section 40-57.1-02
40-57.1-02. Definitions
Status: in_force

40-57.1-02. Definitions

As used in this chapter, unless a different meaning clearly appears from the context:

1. "Local development organization", as used in section 40-57.1-04.3, means a profit or

nonprofit corporation incorporated under the laws of this state or a limited liability

company organized under the laws of this state, formed for the purpose of furthering

the economic development of its community and environs, with authority to promote

and assist the growth and development of business concerns in the areas covered by

its operations. The operations of the corporation or limited liability company must be

limited to a specified area in this state. The controlling interest in the corporation or

limited liability company must be held by at least twenty-five persons residing or doing

business in the community or its environs. These persons must control not less than

seventy-five percent of the voting control of the corporation or limited liability company.

A shareholder or member of the corporation or limited liability company may not own in

excess of twenty-five percent of the voting control in the corporation or limited liability

company if that shareholder or member has a direct pecuniary interest in any project

or business concern that will occupy the property of the corporation or limited liability

company. The primary objective of the corporation or limited liability company must be

to benefit the community through increased employment, payroll, business volume,

and corresponding factors rather than monetary profits to its shareholders or

members. Any monetary profits or other benefits going to the shareholders or

members must be merely incidental to the primary objective of the corporation or

limited liability company.

2. "Municipality" means counties as well as municipalities of the types listed in

subsection 4 of section 40-01-01.

3. "Primary sector business" has the meaning provided in section 1-01-49.

4. "Project" means any revenue-producing enterprise, or any combination of two or more

of these enterprises. For the purpose of the income tax exemption, "project" means

"primary sector business" as defined by this section and includes the establishment of

a new qualifying business or the expansion of a qualifying existing business.
N.D. Cent. Code § 40-01-11 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-11
40-01-11. Publication by a city or park district in which no official newspaper is published
Status: in_force

40-01-11. Publication by a city or park district in which no official newspaper is

published.

Whenever any ordinance, notice, or other instrument is required by law to be published in a

city or park district in which no official newspaper is published, such publication may be made or

such notice given by publication of such ordinance, notice, or other instrument in the official

newspaper designated pursuant to section 40-01-09. In a county in which no newspaper is

published, any notice required by law to be published may be published in a newspaper printed

in an adjoining county and having a general circulation in said county.
N.D. Cent. Code § 40-16-02 — ND Code / Title 40 / Chapter 40-16 / Section 40-16-02
40-16-02. Deputy auditor - Appointment - Duties - Liability
Status: in_force

40-16-02. Deputy auditor - Appointment - Duties - Liability

The city auditor, with the consent and approval of the governing body of the city, may

appoint a deputy and file such appointment in the city auditor's office. The deputy, if one is

appointed, shall aid in the performance of the duties of the office under the auditor's direction

and in the absence or disability of the auditor, or if there is a vacancy in the office of the auditor,

the deputy shall perform the duties of the auditor. The auditor and the surety on the auditor's

official bond shall be liable for the acts of the deputy.
N.D. Cent. Code § 40-21-09 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-09
40-21-09. Election districts in council cities - Division and consolidation by ordinance - Ballots to be kept separate by wards
Status: in_force

40-21-09. Election districts in council cities - Division and consolidation by

ordinance - Ballots to be kept separate by wards.

Each city operating under the council form of government in which council members are

elected at large constitutes an election district or voting precinct, and in all other cities each

ward constitutes an election district or voting precinct. Whenever the number of electors in any

two or more contiguous wards does not exceed one hundred as determined by the number of

votes cast at the last city election, the council, by ordinance, may consolidate those two or more

wards into one precinct for voting purposes. In any city containing less than four hundred

electors as determined by the number of votes cast at the last city election, the council, by

ordinance, may consolidate all the wards of the city into one precinct for voting purposes. An

ordinance dividing or consolidating wards must be passed and takes effect before the time of

giving notice of the election. Wards and precincts established under this section constitute

election districts for all state, county, and city elections. In city elections, separate ballot boxes

and pollbooks must be provided and kept for each precinct. The terms "wards", "precincts", and

"election districts" have the same meaning except where two or more wards are consolidated

into one precinct for voting purposes or where one ward is divided into more than one precinct

for voting purposes. This section does not prohibit the use of one building as the election polling

place for more than one ward or the installation of voting systems from separate wards in one

building.
N.D. Cent. Code § 40-36-09 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-09
40-36-09. Refunding bonds secured by a lien upon revenues of enterprise - Pledging fixed amount as security
Status: in_force

40-36-09. Refunding bonds secured by a lien upon revenues of enterprise - Pledging

fixed amount as security.

Refunding bonds shall be special obligations of the issuing municipality and shall be

payable from, and secured by a lien upon, the revenues of the enterprise as shall be described

more fully in the resolution of the governing body authorizing the issuance of the refunding

bonds. Having due regard to the cost of operation and maintenance of the enterprise and the

amount or proportion, if any, of the revenues of the enterprise previously pledged, a municipality,

by a resolution of its governing body, may pledge for the security of the refunding bonds a fixed

amount without regard to any fixed proportion of the gross revenues of the enterprise.
N.D. Cent. Code § 40-46-05 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-05
40-46-05. City employees' pension fund - How established
Status: in_force

40-46-05. City employees' pension fund - How established

All moneys derived from taxes levied to create and maintain a city employees' pension fund,

all moneys received as membership fees and dues, and all moneys received from grants,

donations, legacies, and devises for the benefit of such fund, shall constitute a fund to be known

and designated as the city employees' pension fund.
N.D. Cent. Code § 40-36-01 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-01
40-36-01. Short title
Status: in_force

40-36-01. Short title

This chapter may be cited as the revenue bond refinancing law.
N.D. Cent. Code § 40-34-17 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-17
40-34-17. Municipality which authorized bond issue prior to March 3, 1933, may finance under this chapter
Status: in_force

40-34-17. Municipality which authorized bond issue prior to March 3, 1933, may

finance under this chapter.

Any municipality, which has obtained authority prior to March 3, 1933, to issue and sell

bonds for the construction and installation of any of the improvements mentioned in this chapter

may defray the cost of such improvements entirely out of the proceeds of the sale of such

bonds, or it may defray the cost of such improvement in part out of the proceeds of the sale of

such general liability bonds and in part out of the proceeds of the sale of mortgage bonds as

provided in this chapter, except that the mortgage indebtedness upon such improvement, when

the same is created originally, shall not exceed three-fifths of the total cost of such

improvement. Bonds issued under this section which are a general liability of the municipality

shall not be issued except upon a vote of the people as provided in chapter 21-03.
N.D. Cent. Code § 40-49-06 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-06
40-49-06. Board of park commissioners in villages - Term - Term on first board
Status: repealed

40-49-06. Board of park commissioners in villages - Term - Term on first board

Repealed by S.L. 1967, ch. 323, § 285.
N.D. Cent. Code § 40-09-13 — ND Code / Title 40 / Chapter 40-09 / Section 40-09-13
40-09-13. Accounts - Audited by respective commissioners - Approved by board
Status: in_force

40-09-13. Accounts - Audited by respective commissioners - Approved by board

The commissioner who is the head of each department shall audit all accounts against it,

but before payment the accounts shall be acted upon and approved by at least three members

of the board of city commissioners. Approval by at least three members of the board of city

commissioners shall be recorded in the record of the board and this shall be sufficient to

indicate approval without requiring the approving members to sign or initial the voucher or order

for payment of the account.
N.D. Cent. Code § 40-18.1-25 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-25
40-18.1-25. Abolition of municipal court in a city with a population of five thousand or more
Status: in_force

40-18.1-25. Abolition of municipal court in a city with a population of five thousand or

more.

1. The governing body of a city with a population of five thousand or more having a

municipal court may by resolution abolish its municipal court if the city has entered an

agreement with:

a. The governing body of the county in which the municipal court is located;

b. The presiding judge of the district in which the municipal court is located; and

c. The state court administrator's office.

2. The agreement must provide for an effective date of the transfer of the municipal court

cases to the district court not fewer than one hundred eighty days after the date of the

agreement unless otherwise agreed upon.

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

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

district court after the effective date of the transfer.

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

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

exist on the effective date of the agreement continue in effect and the district court

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

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

pending on the effective date must be collected by the district court and remitted to the

city.

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

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

district court or the expiration of the judge's term, whichever occurs first.
N.D. Cent. Code § 40-02-06.1 — ND Code / Title 40 / Chapter 40-02 / Section 40-02-06.1
40-02-06.1. Appeal of board of county commissioners' action - Scope of review
Status: in_force

40-02-06.1. Appeal of board of county commissioners' action - Scope of review

Any final action taken by a board of county commissioners on a petition for incorporation

may be appealed to the district court in accordance with the procedure provided in section
N.D. Cent. Code § 40-48-37 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-37
40-48-37. Failure to file claim is waiver
Status: in_force

40-48-37. Failure to file claim is waiver

Any owner of property lying within any of the lines set forth or described as future street

lines in any resolution adopted as provided for in this chapter who shall fail, within the time

specified, to file a protest and claim shall be deemed conclusively to have waived any such

claim, but that person shall not be deemed to have waived any title to the property within any

such future street line or lines or any interest therein other than the right to erect or construct

thereon any building, fence, or other structure.
N.D. Cent. Code § 40-62-06 — ND Code / Title 40 / Chapter 40-62 / Section 40-62-06
40-62-06. Maintenance and improvement
Status: in_force

40-62-06. Maintenance and improvement

A pedestrian mall or skyway established pursuant to this chapter may be maintained and

the cost of such maintenance may be paid by all means permitted by law for streets. The

governing body may also annually cause an estimate to be made of the probable cost of the

maintenance during the current fiscal year, in excess of the cost of maintenance of streets of

similar length, width, and location not used as a mall, and may assess the excess cost of

maintenance on properties within the improvement district; provided, that the assessments may

not exceed the special benefits determined to be received by the properties from the

maintenance. The assessment list approved by the governing body must be filed in the office of

the city auditor, who must mail to the street address of each lot and parcel proposed to be

assessed, and to any other address as may be requested in writing by the owner or occupant of

a lot or parcel, a notice stating the amount proposed to be assessed upon the lot or parcel, and

that any objection thereto may be made in writing filed with the city auditor on or before a

specified date, not less than twenty days after the mailing, on which date, at a time and place

specified in the notice, the governing body will consider all objections. At this meeting, or any

adjournment thereof, the governing body shall review all assessments and hear all persons

desiring to be heard, and may amend the assessments in such manner as it determines to be

just and reasonable, and may confirm the same and direct the assessment list to be filed with

the county auditor, and the assessments made therein to be extended upon the tax lists of the

city for the current year and collected with interest and penalties as general taxes are collected

and paid over to the city auditor and placed by the auditor in a special fund to be used only for

the purpose of current, reasonable and necessary expenses of the operation and maintenance

of the mall or skyway.
N.D. Cent. Code § 40-33-21 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-21
40-33-21. Powers conferred are supplementary
Status: repealed

40-33-21. Powers conferred are supplementary

The powers conferred by sections 40-33-17 through 40-33-21 shall be in addition and

supplemental to, and not in substitution for, and the limitations imposed by sections 40-33-17

through 40-33-21 shall not affect the powers conferred by any other law, and no other law shall

be deemed repealed hereby. So far as the provisions of sections 40-33-17 through 40-33-21 are

inconsistent with any other laws of this state, the provisions of sections 40-33-17 through

40-33-21 shall be controlling with reference to the making of contracts and the issuance of

revenue bonds or certificates of the types and for the purposes herein mentioned.
N.D. Cent. Code § 40-48-26 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-26
40-48-26. Exclusive jurisdiction of planning commission - Exception
Status: in_force

40-48-26. Exclusive jurisdiction of planning commission - Exception

After the adoption of a major traffic street plan by any planning commission, the jurisdiction

of the planning commission over plats shall be exclusive within the territory under its jurisdiction,

except as otherwise provided in section 40-48-18.
N.D. Cent. Code § 40-32-03 — ND Code / Title 40 / Chapter 40-32 / Section 40-32-03
40-32-03. Objections to improvements - Considering validity
Status: in_force

40-32-03. Objections to improvements - Considering validity

Within ten days after the service of the notice, any property owner may file written

objections to the making of the improvement described therein. At the next meeting following the

filing of the objections, the governing body shall consider the validity of the objections and if a

majority shall deem the objections not well taken, the improvements shall be made.
N.D. Cent. Code § 40-25-09 — ND Code / Title 40 / Chapter 40-25 / Section 40-25-09
40-25-09. Purchase of tax sale certificate by municipality from county - Assignment and redemption
Status: repealed

40-25-09. Purchase of tax sale certificate by municipality from county - Assignment

and redemption.

Repealed by S.L. 1999, ch. 503, § 47.
N.D. Cent. Code § 40-33-17 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-17
40-33-17. City may contract for water treatment plant
Status: in_force

40-33-17. City may contract for water treatment plant

Any city owning and operating a system of waterworks supplying water for municipal

purposes and to its inhabitants and industries may enter into a contract in the manner

hereinafter set forth, with any person, firm, public or private corporation, or limited liability

company able and willing to perform such contract, for the purchase and installation of a plant

for the treatment of such water supply by the removal of minerals, gases, and other impurities

therefrom, including, but without limiting the generality hereof, the construction of reservoirs or

settling basins and furnishing of machinery and equipment for such purpose, the construction of

buildings necessary to house the same, and any modifications, improvements, and additional

mains necessary to connect such plant with the existing water supply system.
N.D. Cent. Code § 40-39-03 — ND Code / Title 40 / Chapter 40-39 / Section 40-39-03
40-39-03. Grades of streets, alleys, and sidewalks - Established - Record - Changing - Liability
Status: in_force

40-39-03. Grades of streets, alleys, and sidewalks - Established - Record - Changing -

Liability.

The governing body, by ordinance, may establish the grade of all streets, alleys, and

sidewalks in the municipality as the convenience of its inhabitants may require. A record of the

grades, together with a profile thereof, shall be kept in the office of the city engineer, or of the

city auditor, if the city has no engineer. If the municipality changes the grade of any street after it

has been established, it shall be liable to the abutting property owners for any damage they may

sustain by reason of any permanent improvements made by them to conform to the grade as

first established.
N.D. Cent. Code § 40-56-03 — ND Code / Title 40 / Chapter 40-56 / Section 40-56-03
40-56-03. City may pay portion of cost
Status: in_force

40-56-03. City may pay portion of cost

When any city has, by ordinance, established standards of paving for residential areas, the

city as a whole, by action of its governing body, may pay not to exceed twenty percent of the

cost of the paving, and if because of heavy traffic upon such street or for other valid reason, the

governing board determines that the established standards should be exceeded in any portion

of a residential paving project such percentage of the excess cost of paving as may be

determined by action of the governing body shall be borne by the city as a whole.
N.D. Cent. Code § 40-08-18 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-18
40-08-18. Mayor to preside at council meetings - Voting power of mayor
Status: in_force

40-08-18. Mayor to preside at council meetings - Voting power of mayor

The mayor shall preside at all meetings of the city council, but shall not vote except in case

of a tie, when the mayor shall cast the deciding vote.
N.D. Cent. Code § 40-24-14 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-14
40-24-14. Extension of special assessments on tax lists - Collection - Payment over to municipality
Status: in_force

40-24-14. Extension of special assessments on tax lists - Collection - Payment over to

municipality.

The county auditor shall extend the special assessments upon the tax lists of the

municipality for the current year, and such assessments with interest and penalties shall be

collected as general taxes are collected and paid over to the city auditor and shall be placed by

the city auditor in the respective funds for which they were collected.
N.D. Cent. Code § 40-13-07 — ND Code / Title 40 / Chapter 40-13 / Section 40-13-07
40-13-07. Office deemed vacant on removal from municipality or failure to qualify
Status: in_force

40-13-07. Office deemed vacant on removal from municipality or failure to qualify

When any officer removes from a municipality or refuses or neglects for ten days after

official notification of that person's appointment to qualify and enter upon the discharge of the

duties of the office, the office shall be deemed vacant.
N.D. Cent. Code § 40-54-03 — ND Code / Title 40 / Chapter 40-54 / Section 40-54-03
40-54-03. Hearing upon petition - Notice - Decision
Status: in_force

40-54-03. Hearing upon petition - Notice - Decision

Upon petition of the owners of not less than fifty percent of the property, measured by front

feet, on both sides of any street or portion thereof, not less than one block in length, for gravel

surfacing of such street or portion thereof, the governing board may give notice of such petition

and of a time and place for hearing thereon, by publication once in each week for two

successive weeks prior to such hearing, the first publication to be not less than ten days before

such hearing. At the time and place of such hearing, the governing board shall consider and

determine the desirability and necessity of the graveling of such street or portion thereof, the

ownership and use of the property adjoining said street, the probability or lack of probability of

special assessments for such graveling being paid, and the necessity, from the standpoint of the

municipality, of such graveling being undertaken, and shall thereupon determine whether or not

such project shall be undertaken, and its decision thereon shall be final.
N.D. Cent. Code § 40-61-06 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-06
40-61-06. Construction contracts
Status: in_force

40-61-06. Construction contracts

An authority shall let contracts for construction in the same manner, so far as practicable, as

is provided by law for contracts of cities except that if the estimated expense of a contract does

not exceed five hundred dollars, such contract may be entered into without public letting.

Nothing in this section shall be construed to limit the power of an authority to do any

construction directly by the officers, agents, and employees of the authority.
N.D. Cent. Code § 40-40-17 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-17
40-40-17. Transfer from other items of appropriation when appropriation insufficient
Status: repealed

40-40-17. Transfer from other items of appropriation when appropriation insufficient

Repealed by S.L. 1987, ch. 497, § 3.
N.D. Cent. Code § 40-45-24 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-24
40-45-24. Cities may provide hospitalization and nursing for police department - How cost paid - Exception
Status: in_force

40-45-24. Cities may provide hospitalization and nursing for police department - How

cost paid - Exception.

Cities may provide hospital, nursing, and medical attention for the members of the police

department when injured while in the performance of their duties as members of such

department. The cost of such hospitalization, nursing, and medical attention shall be paid out of

the appropriation for the department. Any amounts received by the injured person under the

provisions of title 65 or from any other source for such specific purposes shall be deducted from

the amount paid by the city under the provisions of this section.
N.D. Cent. Code § 40-57-05 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-05
40-57-05. Approval of public officer not required
Status: in_force

40-57-05. Approval of public officer not required

The consent of any governmental body or public officer of the state is not required to

authorize the issuance or sale of bonds or the making of any mortgage in connection therewith.
N.D. Cent. Code § 40-58-19 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-19
40-58-19. Definitions
Status: repealed

40-58-19. Definitions

Repealed by S.L. 1989, ch. 499, § 19.
N.D. Cent. Code § 40-24-13 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-13
40-24-13. Governing body to provide compensation for special assessment commission in making divisions of special assessments
Status: in_force

40-24-13. Governing body to provide compensation for special assessment

commission in making divisions of special assessments.

The governing body shall provide suitable compensation to the members of the municipal

special assessment commission for services rendered in making the divisions of special

assessments on property which was divided subsequent to the original assessment.
N.D. Cent. Code § 40-45-02 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-02
40-45-02. Tax levy for pension fund if retirement system based upon actuarial tables is maintained
Status: repealed

40-45-02. Tax levy for pension fund if retirement system based upon actuarial tables

is maintained.

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 40-47-06 — ND Code / Title 40 / Chapter 40-47 / Section 40-47-06
40-47-06. Zoning commission - Appointment - Duties - Preliminary and final report
Status: in_force

40-47-06. Zoning commission - Appointment - Duties - Preliminary and final report

The governing body of a city desiring to avail itself of the powers conferred by this chapter

shall appoint a commission, to be known as the zoning commission, to recommend the

boundaries of the various original districts and appropriate regulations to be enforced therein. In

addition to the members appointed by the city, the zoning commission shall include at least one

person residing outside of the corporate limits of a city having a population of less than five

thousand, two persons residing outside the corporate limits of a city having a population of five

thousand or more, but less than twenty-five thousand, or three persons residing outside the

corporate limits of a city having a population of twenty-five thousand or more if zoning authority

is exercised pursuant to section 40-47-01.1. Such persons shall be appointed by the board or

boards of county commissioners of the county or counties within which such zoning authority is

to be exercised and shall reside within the territorial limits of the zoning regulation authority

exercised by the city, if such persons are available and will serve on the zoning commission. Of

the members of the commission appointed by a board or boards of county commissioners

pursuant to this section, the first member appointed shall hold office for five years, the second

member appointed shall hold office for three years, and the third member appointed shall hold

office for one year. Thereafter, the members shall be appointed for terms of five years. Such

commission shall make a preliminary report and hold public hearings thereon before submitting

its final report. The governing body shall not hold its public hearings or take action until it has

received the final report of the zoning commission. If a city has a planning commission, it may

be appointed as the zoning commission.
N.D. Cent. Code § 40-40-03 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-03
40-40-03. Fiscal year of municipality
Status: in_force

40-40-03. Fiscal year of municipality

The fiscal year of each municipality shall commence on the first day of January of each year

and shall terminate on the thirty-first day of December of that same year.
N.D. Cent. Code § 40-23.1-13 — ND Code / Title 40 / Chapter 40-23.1 / Section 40-23.1-13
40-23.1-13. Governing body to hear and determine appeals and objections to assessments - Altering assessments - Limitations
Status: in_force

40-23.1-13. Governing body to hear and determine appeals and objections to

assessments - Altering assessments - Limitations.

At the regular meeting of the governing body at which the assessment list is to be acted

upon, any person aggrieved by the determination of the city auditor in regard to any

assessment, who has appealed therefrom as provided in section 40-23.1-12, may appear

before the governing body and present that person's reasons why the action of the city auditor

should not be confirmed. The governing body shall hear and determine the appeals and

objections and may increase or diminish any of such assessments as the governing body may

deem just, in the event that the formula provided for in sections 40-23.1-02 and 40-23.1-03

proves to be inapplicable. The governing body may increase or diminish any assessment as

may be just and necessary to make the aggregate of all assessments equal to the total amount

required to pay the entire cost of the work for which such assessments are made or the part of

such cost to be paid by special assessment. No assessment may exceed the benefits as

determined, in accordance with this chapter by the city auditor, to the parcel of land assessed.
N.D. Cent. Code § 40-57-18 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-18
40-57-18. Construction
Status: in_force

40-57-18. Construction

The powers conferred by this chapter shall be in addition and supplemental to and not in

substitution for, and the limitations imposed by this chapter shall not affect the powers conferred

by, any other law. Revenue bonds may be issued under this chapter without regard to any other

provisions of the laws of this state. The project may be financed or acquired, purchased,

constructed, reconstructed, improved, bettered, and extended, and bonds may be issued under

this chapter for said purposes, notwithstanding that any other law may provide for the financing,

acquisition, purchase, construction, reconstruction, improvement, betterment, and extension of

a like project or for the issuance of bonds for like purposes, and without regard to the

requirements, restrictions, debt, or other limitations or other provisions contained in any other

law, including any requirement for any restriction or limitation on the incurring of indebtedness or

the issuance of bonds. Insofar as the provisions of this chapter are inconsistent with any other

law of this state, the provisions of this chapter shall be controlling with reference to the issuance

of revenue bonds and the security therefor.
N.D. Cent. Code § 40-14-04 — ND Code / Title 40 / Chapter 40-14 / Section 40-14-04
40-14-04. Appointive officers in council cities - Appointment of more than one assessor
Status: in_force

40-14-04. Appointive officers in council cities - Appointment of more than one

assessor.

1. The mayor, with the approval of the city council, shall appoint the following officers:

a. A city auditor;

b. A city assessor;

c. A city attorney;

d. A city engineer; and

e. Such other officers as the city council deems necessary and expedient.

2. The city assessor shall be appointed at the first meeting of the city council in

September of each odd-numbered year. If the city council of a city containing five

thousand or more inhabitants shall declare, by resolution, that it is necessary to

appoint more than one assessor, the mayor, with the approval of the council, may

appoint one or two additional city assessors.

3. The city council, including a city council under the modern council form of government,

by a majority vote may dispense with any appointive office and provide that the duties

of that office be performed by other officers.
N.D. Cent. Code § 40-46-25 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-25
40-46-25. Procedure upon discontinuance of employees' pension or police pension plan
Status: in_force

40-46-25. Procedure upon discontinuance of employees' pension or police pension

plan.

If the governing body of the city shall determine by a two-thirds vote as provided in section

40-46-23 that the employees' pension or police pension plan be discontinued, the plan shall be

discontinued in such city and the governing body shall proceed to liquidate the pension fund

created under such plan. Liquidation shall be accomplished by returning to each employee still

in the employ of the city ten days after the date of the adoption of the resolution, provided for in

section 40-46-23, the entire amount which has been deducted from the employee's salary as an

assessment or membership fee and then by payment of pension claims theretofore allowed in

the same amounts as are then in effect until the death or disqualification of the pension

claimant, and thereafter continuing such payments as would have accrued to survivors of such

pension claimant under the local pension provisions if the plan had been continued. If the fund

is insufficient to return the amount to which each employee is entitled as provided herein and to

pay such claims in full, the governing body shall make an annual tax levy, which shall be in

addition to any other tax levies authorized by law, in an amount sufficient to assure the payment

in full of the pension claims theretofore allowed. If the fund exceeds the amount required to

satisfy such returns and such claims, such excess shall be placed in the general fund of the city.
N.D. Cent. Code § 40-15-05 — ND Code / Title 40 / Chapter 40-15 / Section 40-15-05
40-15-05. Appointive officers in commission cities - Right to dispense with offices
Status: in_force

40-15-05. Appointive officers in commission cities - Right to dispense with offices

At the first meeting after the qualification of its members, or as soon thereafter as possible,

the board of city commissioners shall appoint the following officers:

1. A treasurer;

2. An auditor;

3. An attorney;

4. One or more assessors;

5. A city health officer who shall be a physician;

6. A street commissioner;

7. A chief of the fire department;

8. A chief of police;

9. One or more police officers;

10. A city engineer;

11. A board of public works; and

12. Such other officers or boards as the board of city commissioners may deem

necessary.

The board of city commissioners by a majority vote may dispense with any appointive office and

provide that the duties thereof shall be performed by other officers or boards, by the board of

city commissioners, or by a committee or committees thereof.
N.D. Cent. Code § 40-59-02 — ND Code / Title 40 / Chapter 40-59 / Section 40-59-02
40-59-02. Resolution and notice of election
Status: in_force

40-59-02. Resolution and notice of election

The resolution and order of the governing body of the municipality calling an election

pursuant to the provisions of this chapter shall contain a general description of the precise

purpose for which a tax is to be levied and collected, the maximum mills per annum to be levied

not to exceed two mills per annum, and the time when such election shall be held. Notice of the

adoption of such resolution and of the election to be held in pursuance thereof shall be

published by the auditor thirty days prior to the day of election.
N.D. Cent. Code § 40-33-23 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-23
40-33-23. Sale of gas outside municipalities
Status: in_force

40-33-23. Sale of gas outside municipalities

Any jointly operated utility as provided in section 40-33-22 shall be authorized to sell and

dispose of gas outside the limits of incorporated municipalities in such manner and upon such

terms and conditions as may be prescribed by the public service commission.
N.D. Cent. Code § 40-05.1-00.1 — ND Code / Title 40 / Chapter 40-05.1 / Section 40-05.1-00.1
40-05.1-00.1. Definitions
Status: in_force

40-05.1-00.1. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "City officers" means the elected and appointed officers of the city and includes the

governing body of the city and its members.

2. "Executive officer" means the chief officer in whom resides the power to execute the

laws of the city.

3. "Governing body" means the body which performs the legislative functions of the city.
N.D. Cent. Code § 40-45-29 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-29
40-45-29. Pension cost of living decrease
Status: in_force

40-45-29. Pension cost of living decrease

The pensions provided in this chapter may be decreased by the police pension board if the

cost of living goes down.
N.D. Cent. Code § 40-24-08 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-08
40-24-08. Assessments for street beautification extended over a period of not more than ten years
Status: in_force

40-24-08. Assessments for street beautification extended over a period of not more

than ten years.

Special assessments for maintaining grass plots or trees or for parking or other

improvements for the beautification of the streets of the municipality shall be payable in equal

annual installments or in such annual amounts as will permit the annual increase in payment of

principal to approximate the annual decrease in the interest on amounts remaining unpaid,

extending over a period of not more than ten years as the governing body may fix by ordinance

or resolution.
N.D. Cent. Code § 40-57.1-03 — ND Code / Title 40 / Chapter 40-57.1 / Section 40-57.1-03
40-57.1-03. Municipality's authority to grant or revoke tax exemption or payments in lieu of taxes - Notice to competitors - Limitations
Status: in_force

40-57.1-03. Municipality's authority to grant or revoke tax exemption or payments

in lieu of taxes - Notice to competitors - Limitations.

1. After negotiation with a potential project operator, a municipality may grant a partial or

complete exemption from ad valorem taxation on all buildings, structures, fixtures, and

improvements used in or necessary to the operation of a project for a period not

exceeding five years from the date of commencement of project operations. A

municipality may also grant a partial or complete exemption from ad valorem taxation

on buildings, structures, fixtures, and improvements used in or necessary to the

operation of a project that produces or manufactures a product from agricultural

commodities for all or part of the sixth year through the tenth year from the date of

commencement of project operations. Before a municipality may grant a partial or

complete exemption from ad valorem taxation under this section:

a. The governing body of the municipality must have received the certification of the

department of commerce division of economic development and finance that the

project is a primary sector business, as defined in subsection 3 of section

40-57.1-02; or

b. The city council or commission, if the project is proposed to be located within the

boundaries of a city of fewer than forty thousand population, or the board of

county commissioners, of a county of fewer than forty thousand population and if

the project is proposed to be located in the county but outside the corporate limits

of any city, may grant a partial or complete exemption from ad valorem taxation

for a project operating in the retail sector if that governing body has obtained the

approval of exemption of property under this subdivision from a majority of the

qualified electors of the city or county voting on the question at a city or county

election held in conjunction with a statewide general election and if that governing

body has established by resolution or ordinance the criteria that will be applied by

the governing body to determine whether it is appropriate to grant a partial or

complete exemption from ad valorem taxation under this section for a project

operating in the retail sector. The ballot for elector approval of exemption of

property under this subdivision must present the question at the election for a yes

or no vote on the question:

Shall the governing body of [name of county or city] be empowered to grant

property tax exemptions upon application of new or expanding retail sector

businesses?

Only a governing body of a city or county that meets the requirements of this

subdivision may grant a partial or complete exemption from ad valorem taxation

under this section for a project operating in the retail sector. Criteria established

by the governing body under this subdivision, at a minimum, must be intended to

require:

(1) Evaluation of the potential positive or adverse consequences for existing

retail sector businesses in the municipality from granting the exemption;

(2) Evaluation of the short-term and long-term effects for other property

taxpayers in the municipality from granting the exemption;

(3) A written agreement with the project operator, including performance

requirements for which the exemption may be terminated by the governing

body of the municipality if those requirements are not met; and

(4) Evaluation of whether the project operator would locate the project within

the municipality without the exemption.

2. In addition to, or in lieu of, a property tax exemption granted under this section, a

municipality may establish an amount due as payments in lieu of ad valorem taxes on

buildings, structures, fixtures, and improvements used in the operation of a project.

The governing body of the municipality shall designate the amount of the payments for

each year and the beginning year and the concluding year for payments in lieu of

taxes, but the option to make payments in lieu of taxes under this section may not

extend beyond the twentieth year from the date of commencement of project

operations. To establish the amount of payments in lieu of taxes, the governing body of

the municipality may use actual or estimated levels of assessment and taxation or may

establish payment amounts based on other factors. The governing body of the

municipality may designate different amounts of payments in lieu of taxes in different

years to recognize future project expansion plans or other considerations.

3. Before a governing body may grant a partial or complete exemption from ad valorem

taxation or the option to make payments in lieu of ad valorem taxes under this chapter,

the governing body shall consult with the department of commerce. If the department

of commerce determines that the total project costs are estimated to exceed one

billion dollars, the department of commerce shall conduct a public hearing and notice

of that hearing must be provided to each affected taxing district and any existing

business within the municipality for which the potential project would be a competitor.

4. By November first of each year, the municipality that granted the option to make

payments in lieu of taxes shall certify to the county auditor the amount of payments

in lieu of taxes due under this section in the following year. After receiving the

statement from the municipality, the county auditor shall certify the payments in lieu of

taxes to the county treasurer for collection at the time when, and in the manner in

which, ad valorem taxes must be certified. Upon receipt by the county treasurer of the

amount of payments in lieu of taxes under this section, the county treasurer shall

apportion and distribute that amount to taxing districts on the basis on which the

general real estate tax levy is apportioned and distributed. The municipality may enter

into a written agreement with the local school district and any other local taxing

districts that wish to enter the agreement for an alternate method of apportionment and

distribution. If such an agreement is entered into, the county treasurer shall apportion

and distribute the money according to the written agreement. All provisions of law

relating to enforcement, administration, collection, penalties, and delinquency

proceedings for ad valorem taxes apply to payments in lieu of taxes under this section.

However, the discount for early payment of taxes under section 57-20-09 does not

apply to payments in lieu of taxes under this section. The buildings, structures, fixtures,

and improvements comprising a project for which payments in lieu of taxes are

allowed under this section must be excluded from the valuation of property in the

taxing district for purposes of determining the mill rate for the taxing district.

5. Negotiations with potential project operators for tax exemption or payments in lieu of

taxes must be carried on by the city council or commission if the project is proposed to

be located within the boundaries of a city, and by the board of county commissioners if

the project is proposed to be located outside the corporate limits of any city. A partial

exemption must be stated as a percentage of the total ad valorem taxes assessed

against the property. Unless the governing body of the municipality determines that

there is no existing business within the municipality for which the potential project

would be a competitor, the potential project operator shall publish two notices to

competitors, the form of which must be prescribed by the tax commissioner, of the

application for tax exemption or payments in lieu of taxes in the official newspaper of

the municipality at least one week apart. The publications must be completed not less

than fifteen nor more than thirty days before the governing body of the municipality is

to consider the application. The municipality shall determine whether the granting of

the exemption or payments in lieu of taxes, or both, is in the best interest of the

municipality, and if it so determines, shall give its approval.

6. By motion approved by the governing body of the municipality before the beginning of

a taxable year for which a property tax exemption or the option to make payments

in lieu of taxes under this section previously has been approved by the governing

body, a property tax exemption may be revoked or reduced and payments in lieu of

taxes may be revoked or increased for that taxable year for reasons specified in a

negotiated agreement or if the governing body finds that:

a. Information provided by the project operator during the negotiation and

deliberation of a property tax exemption or the option to make payments in lieu of

taxes has proven to be inaccurate or untrue;

b. Use of the property by the project operator does not comply with the reasonable

expectations of the governing body at the time the property tax exemption or the

option to make payments in lieu of taxes was approved;

c. The property has been improved to a substantially greater extent than the

governing body reasonably anticipated at the time the property tax exemption or

the option to make payments in lieu of taxes was approved; or

d. There has been a change of ownership of the property since the property tax

exemption or the option to make payments in lieu of taxes was approved.

7. During the negotiation and deliberation of a property tax exemption or the option to

make payments in lieu of taxes under this chapter, a municipality shall include, as

nonvoting ex officio members of its governing body, a representative appointed by the

school board of each school district affected by the proposed action and a

representative appointed by the board of township supervisors of each township

affected by the proposed action. 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 a city must comply with the requirements in section

40-05-24.

8. A city or county may not supersede or expand the provisions of this section under

home rule authority.
N.D. Cent. Code § 40-13-11 — ND Code / Title 40 / Chapter 40-13 / Section 40-13-11
40-13-11. Additional duties, powers, and privileges of officers may be defined by ordinance
Status: in_force

40-13-11. Additional duties, powers, and privileges of officers may be defined by

ordinance.

The duties, powers, and privileges of all officers of every character in any way connected

with a municipal government, not defined in this title, shall be defined by the governing body.

The definition by this title of the duties of municipal officers shall not preclude the governing

body from defining by ordinance further and additional duties to be performed by any such

officer.
N.D. Cent. Code § 40-33-26 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-26
40-33-26. Municipal transportation system - Resolution
Status: in_force

40-33-26. Municipal transportation system - Resolution

Whenever the governing body of any municipality shall determine that the public

convenience and necessity of the municipality require the purchase, acquisition, or

establishment of a public transportation system, it may, by resolution adopted by the affirmative

vote of a majority of its members, determine that the anticipated net revenues of such public

transportation system would be insufficient to assure the sale of revenue bonds for the total cost

thereof, and that a specific amount, in dollars, of the cost thereof should be paid for through the

issuance and sale of general obligation bonds and the remainder of the cost should be paid for

through the issuance and sale of revenue bonds.
N.D. Cent. Code § 40-20-07 — ND Code / Title 40 / Chapter 40-20 / Section 40-20-07
40-20-07. Municipalities to furnish blue uniforms to police officers
Status: in_force

40-20-07. Municipalities to furnish blue uniforms to police officers

Any municipality of this state which employs full-time police officers shall furnish each such

police officer with a summer-weight and a winter-weight uniform. The uniforms must be blue in

color.
N.D. Cent. Code § 40-57-17 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-17
40-57-17. Exemptions from taxation
Status: repealed

40-57-17. Exemptions from taxation

Repealed by S.L. 1975, ch. 387, § 6.
N.D. Cent. Code § 40-33-02 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-02
40-33-02. Acquiring, erecting, or improving plant, system, or line without election prohibited - Exceptions
Status: in_force

40-33-02. The notice of the election shall specify the maximum amount, maximum interest rate,

purpose, and maturity of the bonds. The bonds shall be sold in the manner provided by chapter
N.D. Cent. Code § 40-15-02 — ND Code / Title 40 / Chapter 40-15 / Section 40-15-02
40-15-02. Terms of elective officers
Status: in_force

40-15-02. Terms of elective officers

The terms of office of the president of the board of city commissioners and of each

commissioner shall be as provided in chapter 40-09. The municipal judge shall hold office for

four years and until the judge's successor is elected and qualified.
N.D. Cent. Code § 40-60-01 — ND Code / Title 40 / Chapter 40-60 / Section 40-60-01
40-60-01. Reservation of areas for parking
Status: reserved

40-60-01. Reservation of areas for parking

To alleviate traffic congestion in municipalities, prevent the development of blight, and

implement orderly plans for urban development and urban renewal, it is necessary that

adequate and suitable space be reserved, particularly in central business areas, for parking

facilities; which phrase is defined to include, but without limitation, all offstreet lots, sites, parking

meters and other control devices, garages, ramps, and other structures and accessories, both

aboveground and belowground, which are used or useful for the parking, delivery, fueling and

servicing of automobiles and other motor vehicles, the collection of charges therefor, and the

convenience of the patrons of the facilities. The withdrawal of a disproportionate amount of land

for this purpose from use for commercial development and from the tax base of municipalities is

undesirable and can be avoided, when the growth of business areas makes it economically

feasible, by the construction of multilevel parking ramps and garages, and by making the space

above, below, or adjacent thereto available for commercial development and use. It is the policy

and purpose of the state to authorize and encourage municipal action, and cooperation of

municipalities with public and private persons, firms, corporations, and limited liability

companies in the acquisition, construction, improvement, development, extension, financing,

operation, maintenance, and leasing of parking facilities, and of commercially usable space

therein and adjacent thereto for the purposes and by the methods described in section

40-60-02.
N.D. Cent. Code § 40-58-17 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-17
40-58-17. Interested public officials, commissioners, or employees
Status: in_force

40-58-17. Interested public officials, commissioners, or employees

No public official or employee of a municipality or board or commission thereof, and no

commissioner or employee of a housing authority or urban renewal agency which has been

vested by a municipality with urban renewal project powers under section 40-58-15 shall

voluntarily acquire any interest, direct or indirect, in any development or renewal project, or in

any property included or planned to be included in any development or renewal project of the

municipality or in any contract or proposed contract in connection with the development or

renewal project. If the acquisition is not voluntary, the interest acquired must be immediately

disclosed in writing to the governing body and the disclosure must be entered upon the minutes

of the governing body. If an official, commissioner, or employee presently owns or controls, or

owned or controlled within the preceding two years, any interest, direct or indirect, in any

property which that official, commissioner, or employee knows is included or planned to be

included in a development or renewal project, that official, commissioner, or employee shall

immediately disclose this act in writing to the governing body, and the disclosure must be

entered upon the minutes of the governing body, and any such official, commissioner, or

employee may not participate in any action by the municipality or board or commission thereof,

housing authority, or urban renewal agency affecting the property. Any disclosure required to be

made by this section to the governing body must be concurrently made to a housing authority or

urban renewal agency which has been vested with urban renewal project powers by the

municipality pursuant to the provisions of section 40-58-15. A commissioner or other officer of

any housing authority, urban renewal agency, board, or commission exercising powers pursuant

to this chapter may not hold any other public office under the municipality other than the

commissionership or office with respect to the housing authority, urban renewal agency, board,

or commission. Any violation of the provisions of this section constitutes misconduct in office.
N.D. Cent. Code § 40-52-02 — ND Code / Title 40 / Chapter 40-52 / Section 40-52-02
40-52-02. Governing body may order change in wards
Status: repealed

40-52-02. Governing body may order change in wards

Repealed by S.L. 1957, ch. 292, § 2.
N.D. Cent. Code § 40-46-10 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-10
40-46-10. Eligibility for retirement because of disability
Status: in_force

40-46-10. Eligibility for retirement because of disability

No employee of the city who shall become disabled mentally or physically, nor the

employee's dependents, shall be eligible for a pension because of such disability unless such

employee shall have been on active duty with the city for a period of at least ten years,

regardless of the employee's age, unless the retirement of such employee shall be caused by

mental or physical impairment sustained by the employee in the line of duty which totally and

permanently disabled the employee. The question of total and permanent disability shall be

determined by the board of trustees upon the concurring report of at least two out of three

physicians designated by the board to make a complete physical examination of the employee.
N.D. Cent. Code § 40-45-27 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-27
40-45-27. Procedure upon discontinuance of police pension plan
Status: in_force

40-45-27. Procedure upon discontinuance of police pension plan

If the governing body of the city shall determine by a two-thirds vote as provided in section

40-45-26 that the police pension plan shall be discontinued, the plan shall be discontinued as

provided in section 40-46-25.
N.D. Cent. Code § 40-22.1-05 — ND Code / Title 40 / Chapter 40-22.1 / Section 40-22.1-05
40-22.1-05. Approval of plans, specifications, and estimates
Status: in_force

40-22.1-05. Approval of plans, specifications, and estimates

At any time after receiving the report required by section 40-22.1-04, the governing body

may direct the city auditor or other person, group, or other entity preparing the report to prepare

detailed plans and specifications concerning the improvement. The plans and specifications

must be approved by a resolution of the governing body of the municipality. The plans,

specifications, and estimates are the property of the municipality and must be filed in the office

of the city auditor and shall remain on file in that office subject to inspection by the public.
N.D. Cent. Code § 40-39-09 — ND Code / Title 40 / Chapter 40-39 / Section 40-39-09
40-39-09. Expenses for vacating streets, alleys, and public ways - Deposit required
Status: in_force

40-39-09. Expenses for vacating streets, alleys, and public ways - Deposit required

All expenses incurred in vacating any public grounds, street, or alley shall be paid by the

petitioners, who shall deposit with the city auditor such sum as may be necessary before any

such expense is incurred. The amount to be deposited shall be determined by the governing

body, and any part thereof not used for such expenses shall be returned.
N.D. Cent. Code § 40-05.1-02 — ND Code / Title 40 / Chapter 40-05.1 / Section 40-05.1-02
40-05.1-02. Methods of proposing home rule charter
Status: in_force

40-05.1-02. Methods of proposing home rule charter

The governing body of any city may on its own motion cause a home rule charter to be

framed and submitted for adoption to the qualified electors of the city in the manner provided in

this chapter, or such proposal may be made in a petition filed with the governing body and

signed by not less than fifteen percent of the qualified electors of the city voting in the last city

election.
N.D. Cent. Code § 40-49-18 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-18
40-49-18. General code provisions to govern park districts
Status: in_force

40-49-18. General code provisions to govern park districts

Except as otherwise provided in this chapter, the board of park commissioners and its

officers and the park district shall be governed, in the issuing of warrants and certificates of

indebtedness and in the levying of any tax or special assessment, or in carrying out, enforcing,

or making effective any of the powers granted in this chapter, by the provisions of the laws of

this state applicable to municipalities of the kind in which the park district is established.
N.D. Cent. Code § 40-01.1-02 — ND Code / Title 40 / Chapter 40-01.1 / Section 40-01.1-02
40-01.1-02. Local advisory study committee
Status: in_force

40-01.1-02. Local advisory study committee

1. The governing body or electors of a county, city, city park district, township, school

district, or any other political subdivision of this state may establish an advisory

committee to study the existing form and powers of that political subdivision for

comparison with other forms and powers available under the laws of this state. A local

advisory study committee is established:

a. By a majority vote of the governing body; or

b. By a petition signed by ten percent or more of the total number of qualified

electors of the political subdivision voting for governor at the most recent

gubernatorial election and submitted to the governing body.

2. The governing body shall appoint the members of the advisory study committee and

set the duration of the committee. The members are not entitled to receive

compensation, but may receive actual and necessary expenses incurred in the

performance of official duties as determined by the governing body.

3. The governing body may provide office and meeting space and legal, clerical,

facilitation, training, and other assistance to the study committee, and may appropriate

funds in its final budget, or expend any unexpended balances in its general fund

otherwise designated for current expenditure, for the necessary expenses of the

advisory study committee. The committee, with the approval of the governing body,

may:

a. Employ and fix the compensation and duties of necessary staff;

b. Contract and cooperate with other individuals and public or private agencies

considered necessary for assistance, including institutions of higher education;

c. Establish advisory subcommittees that may include persons who are not

members of the study committee;

d. Hold public hearings and community forums and use other suitable means to

disseminate information, receive suggestions and comments, and encourage

public discussion of the committee's purpose, progress, conclusions, and

recommendations;

e. Cooperate with a like committee established pursuant to this section by another

political subdivision in the conduct of the study. A cooperative study does not

preclude a study committee from making separate recommendations to the

governing body; and

f. Do any other act consistent with and reasonably required to perform its advisory

function.
N.D. Cent. Code § 40-04-06 — ND Code / Title 40 / Chapter 40-04 / Section 40-04-06
40-04-06. Patent to city to be recorded - Use as evidence
Status: in_force

40-04-06. Patent to city to be recorded - Use as evidence

A patent issued by the governor under the provisions of this chapter shall be recorded in the

office of the secretary of state. Any patent so issued and recorded and the record thereof, or a

certified copy thereof, shall be conclusive evidence in all courts and places of the due

incorporation of the city mentioned therein and of all the facts therein recited.
N.D. Cent. Code § 40-50.1-04 — ND Code / Title 40 / Chapter 40-50.1 / Section 40-50.1-04
40-50.1-04. Recording plat
Status: in_force

40-50.1-04. Recording plat

Upon final approval of a plat under section 11-33.2-11 or 40-48-21, the subdivider shall

record the plat in the office of the recorder of the county where the plat is located. Whenever

plat approval is required by a jurisdiction, the recorder may not accept any plat for recording

unless the plat officially notes the final approval of the governing body of the jurisdiction and

acknowledgment of the planning and zoning commission.
N.D. Cent. Code § 40-63-11 — ND Code / Title 40 / Chapter 40-63 / Section 40-63-11
40-63-11. Tax benefits not available to delinquent taxpayer
Status: in_force

40-63-11. Tax benefits not available to delinquent taxpayer

A taxpayer may not be delinquent in payment of any state and local tax liability to be eligible

for a tax benefit under this chapter.
N.D. Cent. Code § 40-23.1-08 — ND Code / Title 40 / Chapter 40-23.1 / Section 40-23.1-08
40-23.1-08. Publication of assessment list and notice of hearing of objections to list
Status: in_force

40-23.1-08. Publication of assessment list and notice of hearing of objections to list

The city auditor shall cause the assessment list, which may not include the amount each lot,

tract, or parcel is benefited by the improvement, to be published on the municipality's website

and once each week for two consecutive weeks in the official newspaper of the municipality,

together with a notice of the time when and the place where the city auditor will meet to hear

objections made to any assessment by any interested party or interested party's agent or

attorney. In lieu of publication of an assessment list, if it includes more than five thousand lots,

tracts, or parcels, the city auditor may cause it to be filed and made available for public

inspection at all times after the first publication of the notice, during reasonable business hours,

at such place as shall be designated in the published notice. The date set for such hearing shall

be not less than fifteen days after the first publication of the notice.
N.D. Cent. Code § 40-33.2-03 — ND Code / Title 40 / Chapter 40-33.2 / Section 40-33.2-03
40-33.2-03. Municipal power agencies - Incorporation
Status: in_force

40-33.2-03. Municipal power agencies - Incorporation

1. Any two or more cities may form a municipal power agency by executing an agency

agreement authorized by a resolution of the governing body of each city and approved

by not less than sixty percent of the qualified electors voting on the question at any

regular or special election in each of those cities. The agency agreement when

completed shall state:

a. That the municipal power agency is created and incorporated under this chapter

as a municipal corporation and a political subdivision of the state.

b. The name of the agency, which shall include the words "municipal power

agency".

c. The names of the cities which have approved the agency agreement and are the

initial members of the municipal power agency.

d. The names and addresses of the persons initially appointed by the resolutions

approving the agreement to act as the representatives of the cities, respectively,

in the exercise of their powers as members.

e. Any limitations upon the terms of representatives of the respective member cities;

provided, that such representatives shall always be selected and vacancies in

their offices declared and filled by resolutions of the governing bodies of the

respective cities.

f. The names of the initial board of directors of the municipal power agency, who

shall be not less than three persons who are representatives of the respective

member cities, selected by such representatives. The agreement shall provide

that each member city shall be represented on the board of directors.

g. The location of the initial registered office of the municipal power agency.

h. That the cities which are members of the municipal power agency are not liable

for its obligations.

i. Any other provision for regulating the business of the municipal power agency or

the conduct of its affairs which may be agreed by the member cities, consistent

with this chapter.

2. The agency agreement and a certified copy of the resolution of the governing body of

each city shall be filed for record with the secretary of state. If the agency agreement

conforms to the requirements of this section, the secretary of state shall record it and

issue and record a certificate of incorporation. The certificate shall state the name of

the municipal power agency and the fact and date of incorporation. Upon the issuance

of the certificate of incorporation, the municipal power agency shall exist as a

municipal corporation and a political subdivision of the state. The certificate of

incorporation shall be conclusive evidence of the fact of incorporation.

3. The initial board of directors of the municipal power agency, unless otherwise provided

by the agency agreement, shall be elected prior to the filing of the agreement by a

majority vote of the persons acting as representatives of the member cities, from

among their members. After commencement of existence, the first meeting of the

board of directors shall be held at the call of the directors, after notice, for the purpose

of adopting the initial bylaws, electing officers, and for any other business that comes

before the meeting.

4. Unless otherwise provided by the agency agreement, the bylaws of the municipal

power agency, and any amendments thereto, shall be proposed by the board of

directors and shall be adopted by a majority vote of the representatives of the member

cities, at a meeting held after notice. The initial agency agreement or the initial bylaws

shall not take effect until approved by not less than sixty percent of the qualified

electors voting on the question at any regular or special election in each of the

member cities. The agency agreement or the bylaws shall state:

a. The qualifications of member cities, and any limitations upon their number.

b. Any conditions of membership.

c. Manner and time of calling regular meetings of representatives of member cities.

d. Manner and conditions of terminating membership.

e. Such other provisions for regulating the affairs of the municipal power agency as

the representatives of the member cities shall determine to be necessary.

5. Every municipal power agency shall maintain an office in the state to be known as its

registered office. When a municipal power agency desires to change the location of its

registered office, it shall file with the secretary of state a certificate of change of

location of registered office, stating the new location and the effective date of change.

When the certificate of change of location has been duly filed, the municipal power

agency may make the change without any further action.

6. Each of the directors shall hold office for the term selected and until a successor has

been selected and has qualified. Directors shall discharge their duties in good faith

and with diligence and care. The agency agreement or the bylaws may prescribe the

number, term of office, powers, authority, and duties of directors, the time and place of

their meetings, and other regulations concerning directors. Except when the agency

agreement or bylaws prescribe otherwise, the term of office of a director shall be for

one year. Except when the agency agreement or bylaws prescribe otherwise, a

meeting of the board of directors may be held at any place, within or without the state,

designated by the board, after notice, and an act of the majority of the directors

present at a meeting at which a quorum is present is the act of the municipal power

agency. Any vacancy occurring on the board shall be filled in the same manner and by

a representative of the same city as on the initial board.

7. Except when the agency agreement or bylaws prescribe otherwise, the board of

directors shall appoint a president from its membership, and a secretary and treasurer,

and any other officers or agents deemed to be necessary, who need not be directors

or representatives of the member cities. Except when the agency agreement or bylaws

prescribe otherwise, an officer may be removed without cause by the board of

directors. Officers of the municipal power agency shall have the authority and duties in

the management of the business of the municipal power agency that the agency

agreement or bylaws prescribe, or in the absence of such prescription, as the board of

directors determines.

8. Except as otherwise provided in the agency agreement or the bylaws, the duly

authorized representatives of each member city shall act as, and vote on behalf of,

such city. Except when the agency agreement or bylaws provide otherwise,

representatives of the member cities shall hold at least one meeting each year for the

election of directors and for the transaction of any other business. Except when the

agency agreement or bylaws prescribe otherwise, special meetings of the

representatives may be called for any purpose upon written request by any

representative to the president or secretary to call the meeting. Such officer shall give

notice of the meeting to be held within the time period prescribed by the agency

agreement or the bylaws. Unless the agency agreement or bylaws provide for a

different percentage, a quorum for a meeting of the representatives of the member

cities is a majority of the total representatives of the member cities and a quorum for

meetings of the board of directors is a majority of the membership of such board.

9. The agency agreement may be amended as proposed at any meeting of the

representatives of the member cities for which notice, stating the purpose, shall be

given to each representative and unless the agency agreement or bylaws provide

otherwise, shall become effective when ratified by resolutions of the governing bodies

of a majority of the member cities and approved by not less than sixty percent of the

qualified electors voting on the question at any regular or special election in each of

those member cities constituting the majority. Each amendment and the resolutions of

the governing bodies approving it shall be filed for record with the secretary of state.

10. Each member city shall have full power and authority, within budgetary limits

applicable to it, to appropriate money for the payment of expenses of the formation of

the municipal power agency and of its representative or representatives in exercising

its functions as a member of the municipal power agency.
N.D. Cent. Code § 40-02-16 — ND Code / Title 40 / Chapter 40-02 / Section 40-02-16
40-02-16. Arbitration of differences between township and newly organized municipality upon division of property and indebtedness
Status: in_force

40-02-16. Arbitration of differences between township and newly organized

municipality upon division of property and indebtedness.

If the officers of a township and of a municipality which has been organized from territory

situated therein cannot agree upon the valuation of any real estate, or of any indivisible property

which is held jointly, or upon the just apportionment of the joint indebtedness, the officers of the

township or municipality, upon five days' notice of the time and place, may apply to the director

of the office of administrative hearings for arbitration of such differences. Thereupon, the

director shall appoint three residents of the county, not residents or taxpayers of the municipality

or township involved, to act as arbitrators. After being duly sworn to perform the duties imposed

upon them, the arbitrators shall view and appraise the property and fix the valuation thereof for

the purpose of making the division. If the property to be divided is personal property and no

satisfactory arrangement can be made otherwise, it must be sold at public auction to the highest

bidder, and the municipality and township may bid at the sale. The township and municipality

involved in the arbitration shall share equally in the costs and expenses of the arbitration. The

director of the office of administrative hearings shall request payment from the township and

municipality and the township and municipality shall pay to the office of administrative hearings

both the costs and expenses of the arbitration proceedings and the cost of the services provided

by the arbitrators and the director of the office of administrative hearings.
N.D. Cent. Code § 40-29-08 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-08
40-29-08. Awarding contract for sidewalks
Status: repealed

40-29-08. Awarding contract for sidewalks

Repealed by S.L. 1995, ch. 443, § 29.
N.D. Cent. Code § 40-46-27 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-27
40-46-27. Pension cost of living increase
Status: in_force

40-46-27. Pension cost of living increase

In July of each year, the city employees' pension board may add, if found actuarially sound,

a cost of living increase to the monthly amounts paid beneficiaries. The total monthly 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 city's employment service

as held by the retiree in the last month of the retiree's employment.
N.D. Cent. Code § 40-32-01 — ND Code / Title 40 / Chapter 40-32 / Section 40-32-01
40-32-01. Construction and maintenance of boulevards - Notice to owner - Contents of notice
Status: in_force

40-32-01. Construction and maintenance of boulevards - Notice to owner - Contents

of notice.

The governing body of any city, whenever it shall deem it necessary to construct

boulevards, or to plant trees or sow grass seed thereon, or to trim trees or cut grass growing

thereon, or to water or otherwise maintain or preserve any such improvement, shall give written

notice to each owner and occupant of any lot or parcel of land adjoining the improvement

deemed necessary requiring the person to make the improvement designated at the person's

own expense and subject to the approval of the street commissioner. The notice may be general

as to the owners of the lots or parcels of land, but it shall be specific as to the description of the

lands. The notice shall specify the improvement required to be made and the time within which

the same shall be commenced or completed.
N.D. Cent. Code § 40-25-06 — ND Code / Title 40 / Chapter 40-25 / Section 40-25-06
40-25-06. Negligence must be proved as fact
Status: in_force

40-25-06. Negligence must be proved as fact

In order to obligate such municipality or other taxing district on any issue of special

assessment warrants, on the ground of negligence, the negligence of such municipality or other

taxing district must be established and proved as a matter of fact, and in determining such

question, the county auditor making the sale shall not be held to be the agent of the municipality

or other taxing district which spread the special assessment so as to charge such municipality

or taxing district with responsibility for any failure of such county auditor to perform the county

auditor's statutory duties in connection with such sale.
N.D. Cent. Code § 40-16-10 — ND Code / Title 40 / Chapter 40-16 / Section 40-16-10
40-16-10. Destruction of city records
Status: repealed

40-16-10. Destruction of city records

Repealed by S.L. 1981, ch. 276, § 3.
N.D. Cent. Code § 40-33.1-09 — ND Code / Title 40 / Chapter 40-33.1 / Section 40-33.1-09
40-33.1-09. Notes of an authority
Status: in_force

40-33.1-09. Notes of an authority

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

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

from their respective original dates for any purpose mentioned in section 40-33.1-03,

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 thereof and placing the project or projects in

operation, whenever an authority shall determine the payment thereof can be made in

full from any moneys or revenues which an authority expects to receive from any

source. Such notes may, among other things, be issued to provide funds to pay

preliminary costs of surveys, plans, or other matters relating to any proposed or

existing project.

2. An authority may pledge such moneys or revenues, subject to any other pledge

thereof, for the payment of the notes and may in addition secure the notes by the

guarantee of two or more property owners. 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.

3. Except as may otherwise be expressly provided by an authority, the notes shall be

payable out of any moneys or revenues of an authority, subject only to any

agreements with the holders of particular notes pledging any particular moneys or

revenues. Notwithstanding the fact that the notes may be payable from a special fund,

if they are otherwise of such form and character as to be negotiable instruments under

article eight of the Uniform Commercial Code, the notes shall be and are hereby made

negotiable instruments within the meaning of and for all the purposes of article eight of

the Uniform Commercial Code.

4. An authority shall have power out of any funds available therefor to purchase its own

notes. An authority may hold, cancel, or resell such notes, subject to and in

accordance with agreements with noteholders.

5. In the discretion of an authority, the notes 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 noteholders

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 40-33.1-08, an

authority may provide by such trust indenture for the payment of the proceeds of the

notes 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 notes shall be secured by a trust indenture,

the noteholders 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 40-33.1-13 upon a trustee appointed by

noteholders.
N.D. Cent. Code § 40-28-03 — ND Code / Title 40 / Chapter 40-28 / Section 40-28-03
40-28-03. Municipality may contract work when property owner fails to make service connections as required
Status: in_force

40-28-03. Municipality may contract work when property owner fails to make service

connections as required.

If the connection with the sewer, main, wire, or conduit is not made by the owner of the

property within the time specified in the notice given by the city auditor, the governing body shall

order such work done by such person as it may contract with therefor at the expense of the lot

or parcel of land adjoining each improvement or service connection. Such work shall be

administered and observed under the supervision of the engineer acting for the municipality.

The expense of making such connection, including the expense of giving all notices relating

thereto, of making the assessments therefor, and of any other nature, shall be assessed by the

engineer against the lot or parcel of land properly chargeable therewith, and the assessment list

shall be filed in the office of the city auditor. The city auditor shall cause such list, together with a

notice of the time when and place where the governing body will meet to consider the approval

thereof, to be published in one issue of the official newspaper of the municipality at least ten

days prior to the meeting of the governing body at which the approval of the assessment will be

considered.
N.D. Cent. Code § 40-46-13 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-13
40-46-13. Payments to spouse, children, and surviving parents upon death of active or retired member
Status: in_force

40-46-13. Payments to spouse, children, and surviving parents upon death of active

or retired member.

Upon the death of any active or retired employee of a city maintaining a city employees'

pension fund under this chapter, leaving a surviving spouse or minor child, or surviving

dependent father or mother, there shall be paid out of the fund as follows:

1. To the surviving spouse as long as the surviving spouse remains unmarried, a sum

equal to two-thirds of the pension to which the employee would have been entitled, but

not less than forty dollars per month.

2. If there is no surviving spouse, or if such spouse shall die or remarry, then to the

dependent father and mother, if both survive, or to either dependent parent if one

survives, the sum of forty dollars per month.

3. To the father or mother of each surviving child, if such parent survives, for the benefit

of such surviving child, until the surviving child shall arrive at the age of eighteen

years, a sum not to exceed twenty-five dollars per month, and in case no parent of any

such surviving child survives, then to the guardian of each surviving child a sum not to

exceed twenty-five dollars per month until the surviving child shall arrive at the age of

eighteen years.

The aggregate of all such payments shall not exceed the amount provided for in the plan and in

no event more than sixty percent of the highest three-year average earnings of such employee

during the most recent two hundred forty months of the employee's employment, if the

employee was employed that long, and if not, during the total period of the employee's

employment, or the maximum amount fixed by the governing body by ordinance.
N.D. Cent. Code § 40-40-20 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-20
40-40-20. Contracts made prior to appropriation prohibited - Contracts for water for fire protection excepted
Status: in_force

40-40-20. Contracts made prior to appropriation prohibited - Contracts for water for

fire protection excepted.

Except as otherwise provided in this chapter or in section 40-05-05, no contract shall be

made by the governing body of a municipality and no expense shall be incurred by any officers

or departments of the corporation unless there shall have been a previous appropriation

providing for such expense. The governing body may enter into contracts with persons,

associations, corporations, or limited liability companies for the furnishing of water for fire

protection to the municipality, and in case such contract extends over a term of years, it shall be

unnecessary that a previous appropriation shall have been made except to cover the amounts

payable under the contract for the first year thereof. Such a contract shall not be made for a

longer period than twenty years.
N.D. Cent. Code § 40-45-07 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-07
40-45-07. Tax levy may be discontinued when fund sufficient
Status: in_force

40-45-07. Tax levy may be discontinued when fund sufficient

Whenever a city which has established a police pension fund under the provisions of this

chapter has a sufficient balance in such fund to meet any proper and legitimate charges that

may be made against it, such city shall not be required to levy further taxes for the fund.
N.D. Cent. Code § 40-08-07 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-07
40-08-07. Compensation of council members
Status: in_force

40-08-07. Compensation of council members

Each council member is entitled to receive compensation for services as established by

ordinance.
N.D. Cent. Code § 40-45-09 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-09
40-45-09. Who may be retired on pension - Amount paid to retiring member - Retiring member not paid
Status: in_force

40-45-09. Who may be retired on pension - Amount paid to retiring member - Retiring

member not paid.

Any member of the police department, including officers and police matrons, who shall have

served twenty years or more in the department and shall have reached the age of sixty years, or

who, while a member of such department shall suffer permanent mental or physical disability so

that the person is unable to discharge the person's duties, shall be entitled to be retired. Upon

retirement, the person may be paid out of the pension fund of the department a monthly pension

equal to sixty percent of the average monthly salary received during the highest paid

consecutive thirty-six-month period of the person's employment in the department. If any

member shall have served twenty years in the department but shall not have reached the age of

sixty years, the person shall be entitled to retirement, but no pension shall be paid while the

person lives until the person reaches the age of sixty years, except as provided in section
N.D. Cent. Code § 40-22-10 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-10
40-22-10. Engineer's report required - Contents
Status: in_force

40-22-10. Engineer's report required - Contents

1. After a special improvement district has been created, the governing body of a

municipality, if the governing body deems it necessary to make any of the

improvements set out in section 40-22-01 in the manner provided in this chapter, shall

direct the engineer for the municipality, or some other competent engineer if the

municipality does not have a competent municipal engineer, to prepare a report as to

the general nature, purpose, and feasibility of the proposed improvement and an

estimate of the probable cost of the improvement, including:

a. A separate statement of the estimated cost of the work for which proposals must

be advertised under section 40-22-19; and

b. A separate statement of all other items of estimated cost not included under

subsection 1 which are anticipated to be included in the cost of the improvement

under sections 40-23-05 and 40-23.1-04.

2. An engineer's report under this section also must include information describing how

the special assessment district was created including any considerations as to which

properties are determined to receive a benefit from the proposed improvement.
N.D. Cent. Code § 40-31-04 — ND Code / Title 40 / Chapter 40-31 / Section 40-31-04
40-31-04. Letting contracts for curbing
Status: in_force

40-31-04. Letting contracts for curbing

At least once every year that the city plans to construct or repair curbing or gutters, the city

auditor shall solicit bids in accordance with chapter 48-01.2.
N.D. Cent. Code § 40-05-07 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-07
40-05-07. Village fines and penalties limited - Remission
Status: repealed

40-05-07. Village fines and penalties limited - Remission

Repealed by S.L. 1967, ch. 323, § 285.
N.D. Cent. Code § 40-11-12 — ND Code / Title 40 / Chapter 40-11 / Section 40-11-12
40-11-12. Commitment of guilty person for nonpayment of fines or costs
Status: repealed

40-11-12. Commitment of guilty person for nonpayment of fines or costs

Repealed by S.L. 2025, ch. 379, § 4.
N.D. Cent. Code § 40-36-18 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-18
40-36-18. Waiver of default or breach of duty or contract not to extend to subsequent default or breach of duty or contract
Status: in_force

40-36-18. Waiver of default or breach of duty or contract not to extend to subsequent

default or breach of duty or contract.

No waiver of any default or breach of duty or contract, whether such waiver is by a holder of

refunding bonds or by a trustee therefor, shall extend to or affect any subsequent default or

breach of duty or contract, nor shall any such waiver impair any rights or remedies on the

bonds. No delay or omission of any bondholder, or any trustee therefor, to exercise any right or

power accruing upon any default shall impair any such right or power or constitute a waiver of

any such default or an acquiescence therein. Every substantive right and remedy conferred

upon the holders of refunding bonds may be enforced and exercised from time to time and as

often as may be deemed expedient. In case any suit, action, or proceeding to enforce any right

or to exercise any remedy shall be brought or taken and then discontinued or abandoned or

shall be determined adversely to the holder of the refunding bonds or to any trustee therefor,

then and in every such case, the municipality and such holder or such trustee shall be restored

to their former positions, rights, and remedies as if no such suit, action, or proceeding had been

brought or taken.
N.D. Cent. Code § 40-06-04 — ND Code / Title 40 / Chapter 40-06 / Section 40-06-04
40-06-04. Reconsidering or rescinding vote at special meeting
Status: in_force

40-06-04. Reconsidering or rescinding vote at special meeting

No vote of the governing body of a municipality shall be reconsidered or rescinded at a

special meeting unless there is present at such special meeting as large a number of members

as were present when such vote was taken.