N.D. Cent. Code § 40-57.1-04.2 — ND Code / Title 40 / Chapter 40-57.1 / Section 40-57.1-04.2
40-57.1-04.2. Local development corporation defined - Requirements - Purpose
Status: repealed

40-57.1-04.2. Local development corporation defined - Requirements - Purpose

Repealed by S.L. 1991, ch. 447, § 10.
N.D. Cent. Code § 40-46-18 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-18
40-46-18. Re-examination of retired member physically or mentally disabled - Notice - Witnesses
Status: in_force

40-46-18. Re-examination of retired member physically or mentally disabled - Notice -

Witnesses.

The board of trustees, at any time, may cause any employee of the city who has been

retired by reason of physical or mental disability to be brought before it and again examined by

three competent physicians appointed by the board to discover whether such disability

continues, whether it can be improved, and whether such retired employee should be continued

on the pension roll, and the board may examine witnesses for such purposes. The question of

continued disability or ability to perform regular or light duty shall be determined by the

concurring report of at least two of the three examining physicians. Such employee shall have

reasonable notice that the examination will be made and that the employee shall be present at

the time of the taking of any testimony. The employee may examine the witnesses brought

before the board and introduce evidence in the employee's own behalf. All witnesses shall be

examined under oath, which may be administered by any member of the board.
N.D. Cent. Code § 40-04-04 — ND Code / Title 40 / Chapter 40-04 / Section 40-04-04
40-04-04. Returns and canvass of election - Certificate to secretary of state - Officers to continue until election
Status: in_force

40-04-04. Returns and canvass of election - Certificate to secretary of state - Officers

to continue until election.

The officials of an election held under the provisions of this chapter shall make a return of

such election to the governing body of the city and such governing body shall canvass such

returns and cause the result of the canvass to be entered upon the records of the city. If a

majority of the votes cast on the question at such election shall be for city organization under

the commission system, the auditor shall certify the adoption of such form of government and a

copy of the proceedings concerning the same to the secretary of state together with the result of

any special census taken in such city. The city officers then in office shall exercise the powers

conferred upon like officers of a city operating under the commission system of government until

their successors are elected and qualified.
N.D. Cent. Code § 40-61-02 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-02
40-61-02. Municipal parking authorities
Status: in_force

40-61-02. Municipal parking authorities

Any city may create a board to be known as a municipal parking authority. Such board shall

be a body corporate, constituting a public benefit corporation, and its existence shall commence

upon the appointment of the members as herein provided. It shall consist of a chairman and four

other members, who shall be appointed by the governing body of the city. Three members of the

board shall be property owners within the benefited areas and two members of the board shall

be guarantors of the bonds of the authority if any have been issued and guaranteed by property

owners. If the authority has not issued bonds or if property owners have not guaranteed said

bonds as hereinafter provided, then two members may be appointed at large. Of the members

first appointed, one shall be appointed for a period of one year, one for a period of two years,

one for a period of three years, one for a period of four years, and one for a period of five years.

At the expiration of such terms, the terms of office of their successors shall be five years. Each

member shall continue to serve until the appointment and qualification of the member's

successor. Vacancies in such board occurring otherwise than by the expiration of term shall be

filled for the unexpired term. The members of the board shall choose from their number a vice

chairman. The governing body of the city may remove any member of the board for inefficiency,

neglect of duty, or misconduct in office, giving that member a copy of the charges against that

member and an opportunity of being heard in person, or by counsel, in that member's defense

upon not less than ten days' notice. The members of the board shall be entitled to no

compensation for their services but shall be entitled to reimbursement for their actual and

necessary expenses incurred in the performance of their official duties. The powers of the

authority shall be vested in and exercised by a majority of the members of the board then in

office. Such board may delegate to one or more of its members or to its officers, agents, and

employees such powers and duties as it may deem proper. Such board and the corporate

existence of the authority shall continue until all its liabilities have been met and its bonds have

been paid in full or such liabilities or bonds have otherwise been discharged and until the

existence of the authority is terminated by official action of the governing body of the city. Upon

its ceasing to exist, all its rights and properties shall pass to the city.
N.D. Cent. Code § 40-01-14 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-14
40-01-14. Office of municipality located in more than one county - Form of official proceeding - Seal
Status: in_force

40-01-14. Office of municipality located in more than one county - Form of official

proceeding - Seal.

The officers of a municipality which consists of territory located in more than one county

may maintain an office for the performance of their duties in any portion of the municipality. All

official proceedings shall be headed with the name of the municipality and of each county of

which a portion is embraced within such corporate limits and the name of the state. The official

seal which may be used by such municipality shall contain all of such names.
N.D. Cent. Code § 40-46-20 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-20
40-46-20. Employee entitled to refund from fund or partial retirement upon termination of employment with city
Status: in_force

40-46-20. Employee entitled to refund from fund or partial retirement upon

termination of employment with city.

Any employee who shall have contributed to the city employees' pension fund, and who

voluntarily and while in good standing as an employee of said city shall have left the

employment of such city, shall be entitled, upon application at the time of such retirement, to a

refund of all contributions made by the employee without interest and exclusive of the

membership fee, payable in a lump sum. If a participant dies and no dependent benefits are

payable, the participant's named beneficiary or estate shall receive the participant's

contributions without interest, less any benefit payments theretofore received. Any employee

who shall have served one hundred eighty months or more, but less than two hundred forty

months, and who shall have contributed to the city employees' pension fund, and who

voluntarily and while in good standing as an employee of said city shall have left the

employment of such city, shall be entitled to elect retirement instead of refund, but at a pension

equal to the proportion of a full pension as herein provided which the total number of months

employed under the plan bears to two hundred forty months, but no pension shall be paid while

the employee lives until the employee reaches the age of sixty years.
N.D. Cent. Code § 40-05.1-12 — ND Code / Title 40 / Chapter 40-05.1 / Section 40-05.1-12
40-05.1-12. Former powers preserved
Status: in_force

40-05.1-12. Former powers preserved

All powers heretofore granted any city by general law are hereby preserved to each home

rule city, respectively, and the powers so conferred upon said cities by general law, are hereby

granted to home rule cities.
N.D. Cent. Code § 40-22-29 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-29
40-22-29. Engineer's statement of estimated cost required - Governing body to enter into contracts
Status: in_force

40-22-29. Engineer's statement of estimated cost required - Governing body to enter

into contracts.

Before adopting or rejecting any bid filed under the provisions of this chapter, the governing

body shall require the engineer for the municipality to make a careful and detailed statement of

the estimated cost of the work for which proposals were advertised under section 40-22-19. The

governing body may not award the contract to any bidder if the engineer's estimate prepared

pursuant to this section exceeds the engineer's estimate of the cost of the work prepared

pursuant to subsection 1 of section 40-22-10 by forty percent or more.
N.D. Cent. Code § 40-18.1-16 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-16
40-18.1-16. Diagnosis and treatment of individuals convicted of driving while under the influence
Status: in_force

40-18.1-16. Diagnosis and treatment of individuals convicted of driving while under

the influence.

If an individual is convicted under an ordinance equivalent to an offense under section

39-08-01, the court shall sentence the defendant in accordance with that section.
N.D. Cent. Code § 40-21-01 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-01
40-21-01. Qualified electors in municipal election - Restrictions
Status: in_force

40-21-01. Qualified electors in municipal election - Restrictions

Every resident of a municipality who is qualified to vote therein at general elections may

vote at all municipal elections held therein. When elections are held by wards or precincts, a

person may not vote in any place other than the ward or precinct of which the person is a

resident.
N.D. Cent. Code § 40-48-13 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-13
40-48-13. Miscellaneous duties of planning commission
Status: in_force

40-48-13. Miscellaneous duties of planning commission

The planning commission shall:

1. Recommend to the appropriate public officials, from time to time, programs for specific

improvements and for the financing thereof.

2. Consult and advise with public officials and agencies, public utility companies, civic,

educational, professional, and other organizations, and with citizens relative to the

carrying out of the plan.
N.D. Cent. Code § 40-40-16 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-16
40-40-16. State's attorney to sue for excessive expenditures
Status: in_force

40-40-16. State's attorney to sue for excessive expenditures

Upon good and sufficient information presented to the state's attorney by any taxpayer in

the municipality or obtained from any other source, the state's attorney of the county in which

the municipality lies shall bring suit to recover from the members of the governing body, jointly

and severally, the amount of expenditures, payments, or warrants in excess of the amount

shown in any group of the final budget.
N.D. Cent. Code § 40-04-01 — ND Code / Title 40 / Chapter 40-04 / Section 40-04-01
40-04-01. Incorporation as commission city
Status: in_force

40-04-01. Incorporation as commission city

Any city in this state having a population of not less than five hundred inhabitants may

become incorporated as a city under the commission system of government as provided in this

section. If one-tenth of the qualified electors of the municipality, based upon the votes cast for

the office of governor at the last preceding general election, petition the governing body of the

municipality to submit to a vote of the qualified electors the question of whether the city shall

become incorporated as a city under the commission system of government, the governing

body shall submit the question to the qualified electors, appoint a time when and place or places

where the election shall be held, and designate the judges and clerks at the election. The

question may not be submitted more than once in every four years.
N.D. Cent. Code § 40-48-16 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-16
40-48-16. Governing body may add to or change master plan - Notice
Status: in_force

40-48-16. Governing body may add to or change master plan - Notice

Whenever the governing body of the municipality may deem it for the public interest, it may

change or add to the official master plan by laying out new streets, improvements, or

conveniences mentioned in this chapter or by widening, enlarging, closing, or abandoning

existing streets, improvements, or conveniences. At least ten days' notice of a public hearing on

any proposed action with reference to such change in the official master plan shall be published

in the official newspaper of the municipality. Before any such addition or change is made, the

matter shall be referred to the planning commission for report thereon as provided in section
N.D. Cent. Code § 40-08-23 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-23
40-08-23. Inspection of books, records, and papers of city by mayor
Status: in_force

40-08-23. Inspection of books, records, and papers of city by mayor

The mayor, at any time, may examine and inspect the books, records, and papers of any

agent, employee, or officer of the city.
N.D. Cent. Code § 40-22-42 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-42
40-22-42. Confirmation of certain proceedings for city and village improvements
Status: repealed

40-22-42. Confirmation of certain proceedings for city and village improvements

Repealed by omission from this code.
N.D. Cent. Code § 40-26-03 — ND Code / Title 40 / Chapter 40-26 / Section 40-26-03
40-26-03. Reassessment - Regulations governing - Enforcement and collection
Status: in_force

40-26-03. Reassessment - Regulations governing - Enforcement and collection

When a special assessment, or any part thereof, as to any lot, lots, or parcels of land

assessed under any of the provisions of the laws of this state shall be set aside or declared void

by any court for any cause, the governing body, without unnecessary delay, shall cause a

reassessment or new assessment to be made to defray the expense of such improvement.

Such reassessment or new assessment shall comply as closely as possible with the making of

the assessment in the first instance and may bear interest from the date of the approval of the

assessment so set aside. When the reassessment or new assessment shall have been made

and confirmed by the governing body, it shall be enforced and collected in the same manner

that other special assessments are enforced and collected.
N.D. Cent. Code § 40-23.1-01 — ND Code / Title 40 / Chapter 40-23.1 / Section 40-23.1-01
40-23.1-01. Improvement district - All property to be assessed - Basis
Status: in_force

40-23.1-01. Improvement district - All property to be assessed - Basis

All property included within the limits of a local improvement district shall be considered to

be the property specially benefited by the local improvement and shall be the property to be

assessed to pay the cost and expense thereof or such part thereof as may be chargeable

against the property specially benefited. The cost and expense shall be assessed upon all the

property in accordance with the special benefits conferred thereon in proportion to area and

distance back from the marginal line of the public way or area improved.
N.D. Cent. Code § 40-27-06 — ND Code / Title 40 / Chapter 40-27 / Section 40-27-06
40-27-06. Refunding special assessment warrants or bonds - Purpose for which issuable
Status: in_force

40-27-06. Refunding special assessment warrants or bonds - Purpose for which

issuable.

Any municipality having valid outstanding special assessment warrants or bonds issued

pursuant to this title which are due, or to become due within one year, in whole or in part as to

principal or interest or both or which are redeemable either at the option of the municipality or

with the consent of the warrantholders or bondholders may issue refunding special assessment

warrants or bonds if there is not sufficient money in the special improvement fund against which

such warrants or bonds are drawn to pay the principal or interest or both or if a deficiency is

likely to occur in the fund within one year for payment of principal or interest thereon. Such

refunding special assessment warrants or bonds may be issued for any of the following

purposes:

1. To extend the maturities of the special assessment warrants or bonds.

2. To reduce the rate of interest on the special assessment warrants or bonds.

3. To equalize the general tax which the municipality may be, or may become, obligated

to levy to discharge deficiencies in the fund against which the special assessment

warrants or bonds are drawn.

4. To consolidate two or more outstanding issues of warrants or bonds.
N.D. Cent. Code § 40-48-17 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-17
40-48-17. Submission of matters to planning commission before governing body takes action thereon
Status: in_force

40-48-17. Submission of matters to planning commission before governing body

takes action thereon.

The governing body creating the planning commission, by a general or special rule, may

provide for the reference of any other matter or class of matters to the commission before final

action is taken thereon by the governing body, or by the municipal officer having the final

authority thereon, with the provision that final action shall not be taken thereon until the planning

commission has submitted its report or has had a reasonable time, as fixed in said rule, to do

so. The planning commission may make such investigations, maps, reports, and

recommendations in connection therewith relating to the planning and development of the

municipality as to it seems desirable, but the total expenditures of the board in such matters

shall not exceed the funds available therefor.
N.D. Cent. Code § 40-39-10 — ND Code / Title 40 / Chapter 40-39 / Section 40-39-10
40-39-10. Aggrieved person may appeal to district court
Status: in_force

40-39-10. Aggrieved person may appeal to district court

Any person aggrieved by the decision of the governing body granting the vacation of any

public grounds, street, or alley, within fifteen days after the publication of the resolution, may

appeal to the district court of the county in accordance with the procedure provided in section
N.D. Cent. Code § 40-51.2-19 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-19
40-51.2-19. Savings clause
Status: repealed

40-51.2-19. Savings clause

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 40-16-05 — ND Code / Title 40 / Chapter 40-16 / Section 40-16-05
40-16-05. Auditor to publish statement
Status: in_force

40-16-05. Auditor to publish statement

Within sixty days after the close of each fiscal year, the auditor of each city shall make and

cause to be published in the official city newspaper a financial statement of the city showing the

receipts and disbursements on account of each fund during the last preceding year.
N.D. Cent. Code § 40-53.2-03 — ND Code / Title 40 / Chapter 40-53.2 / Section 40-53.2-03
40-53.2-03. Municipal consolidation review commission
Status: in_force

40-53.2-03. Municipal consolidation review commission

Upon passage by a simple majority of the votes cast on the question in each of the cities

seeking consolidation in the manner provided by section 40-53.2-02, the governing body of

each of the cities seeking consolidation shall appoint an equal number of the members of each

governing body who shall convene as the municipal consolidation review commission to make a

finding as to whether or not there is sufficient reason to further consider consolidation of the

cities seeking consolidation. If the commission finds insufficient reason, no further consideration

shall be given to the matter of consolidation of the cities. If the commission finds sufficient

reason for consolidation, it shall develop a recommended plan of consolidation, holding such

hearings on the plan as it deems appropriate. The commission shall submit its recommended

plan to the voters of both cities. Upon receiving a majority affirmative vote of the electors of

each city, voting on the question at a special election or any regular election, the review

commission's recommended plan shall become effective on July first of the next year.
N.D. Cent. Code § 40-08-04 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-04
40-08-04. Election of council members
Status: in_force

40-08-04. Election of council members

In cities containing six hundred inhabitants or less, the council members must be elected at

large. Except as provided in section 40-08-04.2, in all other cities operating under the council

form of government, the council members must be elected by wards.
N.D. Cent. Code § 40-05-05 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-05
40-05-05. Cities may contract for electrical energy or gas
Status: in_force

40-05-05. Cities may contract for electrical energy or gas

The governing body of any city may enter into a contract with any person, partnership,

association, corporation, limited liability company, or the United States or any department or

agency thereof to provide for:

1. The furnishing of electrical energy or gas to the inhabitants of the city and to the city

for all purposes; or

2. The sale to and the purchase by the city for a term of not to exceed ten years, of

electrical energy or gas required for city purposes.

The making and execution of any such contract must be authorized by a resolution of the

governing body adopted by a majority of the members thereof at a regularly assembled meeting

of such body. Nothing contained in this section shall deprive the public service commission of

any of its regulatory powers with reference to contract rates.
N.D. Cent. Code § 40-08-15 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-15
40-08-15. Compensation of mayor
Status: in_force

40-08-15. Compensation of mayor

The mayor shall receive such compensation as the city council may direct by ordinance.
N.D. Cent. Code § 40-36-08 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-08
40-36-08. Provisions that may be inserted in resolution authorizing issuance of refunding bonds
Status: in_force

40-36-08. Provisions that may be inserted in resolution authorizing issuance of

refunding bonds.

The governing body of any municipality, in addition to the other powers conferred by this

chapter, may insert in any resolution authorizing the issuance of refunding bonds, such

resolution to be a part of the contract with the holders of the refunding bonds, provisions relating

to:

1. Limitations on the purpose to which the proceeds of the sale of any notes, bonds, or

other obligations thereafter to be issued to finance the improving of the enterprise may

be applied;

2. Limitations on the issuance and on the lien of other notes, bonds, or other obligations

thereafter to be issued and secured by or made payable from the revenues of such

enterprise to finance the improving of the enterprise;

3. Limitations on the right of the municipality or its governing body to restrict and regulate

the use of the enterprise;

4. The amount and kind of insurance to be maintained on the enterprise and the use and

disposition of insurance moneys;

5. The pledging all or any part of the revenues of the enterprise to which its right then

exists or the right to which thereafter may come into existence;

6. The covenanting against pledging all or any part of the revenues of the enterprise to

which its right then exists or the right to which thereafter may come into existence;

7. Events of default and the terms and conditions upon which any or all of the refunding

bonds shall become or may be declared due before maturity and as to the terms and

conditions upon which such declaration and its consequences may be waived;

8. The rights, liabilities, powers, and duties arising upon the breach by the municipality of

any covenants, conditions, or obligations;

9. The vesting in a trustee or trustees of the right to enforce any covenants made to

secure, to pay, or in relation to the refunding bonds, the powers and duties of such

trustee or trustees, and the limitation of liabilities thereof;

10. The terms and conditions upon which the holders of the refunding bonds, or of any

proportion or percentage of them, may enforce any covenants made under this

chapter or any duties imposed thereby;

11. A procedure by which the terms of any resolution authorizing refunding bonds or of

any other contract with bondholders, including an indenture of trust or similar

instrument, may be amended or abrogated and the amount of refunding bonds the

holders of which must consent thereto, and the manner in which such consent may be

given;

12. The execution of all instruments necessary or convenient in the exercise of the powers

granted by this chapter or in the performance of the duties of the municipality and of

the officers, agents, and employees thereof;

13. The refraining from pledging or in any manner whatever claiming or taking the benefit

or advantage of any stay or extension law, whenever enacted and whenever the same

may be in force, which may affect the duties or covenants of the municipality in relation

to the refunding bonds, the performance of such covenants or duties, or the lien of

such refunding bonds;

14. The purchase out of any funds available therefor, including the proceeds of the sale of

refunding bonds, of any outstanding notes, bonds, or obligations, including refunding

bonds, and the price or prices at which and the manner in which such purchases may

be made; and

15. Such other acts and things as may be necessary or convenient or desirable to secure

the refunding bonds or which may tend to make such bonds more marketable.

Nothing in this section shall authorize any municipality to make any covenant, to perform any

act, or to do anything which shall require the expenditure by the municipality in any manner or

for any purpose of any funds other than revenues received or receivable from the enterprise.
N.D. Cent. Code § 40-26-01 — ND Code / Title 40 / Chapter 40-26 / Section 40-26-01
40-26-01. Courts to review levy and apportionment of special assessments - De novo review for agricultural property assessments
Status: in_force

40-26-01. Courts to review levy and apportionment of special assessments - De novo

review for agricultural property assessments.

The courts shall review the levy and apportionment of the special assessments in all actions

and proceedings involving the validity or apportionment of any special assessment for local or

special improvements. If an action challenges the determination of benefits and special

assessments imposed for agricultural property, the decision of the special assessment

commission regarding agricultural property is not entitled to deference by the court and the court

shall consider the determination of benefits and special assessments imposed for agricultural

property de novo. An appeal taken under this section must be in accordance with the procedure

provided in section 28-34-01.
N.D. Cent. Code § 40-31-10 — ND Code / Title 40 / Chapter 40-31 / Section 40-31-10
40-31-10. City auditor to pay warrants from special fund
Status: in_force

40-31-10. City auditor to pay warrants from special fund

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

times and in the manner designated by the governing body out of the curbing special fund.
N.D. Cent. Code § 40-33-16 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-16
40-33-16. Municipality may purchase water for distribution
Status: in_force

40-33-16. Municipality may purchase water for distribution

1. Any city owning a system for the distribution of water for fire protection and other

public purposes and for selling water to its inhabitants and industries, but for which the

water supply is unsuitable or inadequate, may contract to purchase water at wholesale

for those purposes from any person, firm, public or private corporation, or limited

liability company able and willing to furnish the same, upon the terms and during the

period, not exceeding forty years, as the city governing body deems appropriate. The

contract must be authorized by an ordinance submitted to the voters for approval by a

majority of those voting on the proposition before it takes effect. Pursuant to the

ordinance and contract, the city may bind itself:

a. To establish and maintain rates and charges for supplying water by it to its

inhabitants and industries, either according to a prescribed schedule agreed upon

or sufficient to produce net stated amounts for specified periods during the life of

the contract, or both, and to appropriate and use the same for payments to

become due under the contract, and, if the contract so provides, the city is

obligated to pay for the water solely out of the net revenues;

b. To pay, at an agreed rate or rates, for all water taken by the city under the

contract and not resold by it; and

c. To do and perform any other acts or things the governing body deems reasonable

and appropriate for the procurement of the water on the most efficient and

economical basis.

2. Notwithstanding subsection 1, contracts to purchase water from the water supply

system created by the Red River valley water supply project may have a term

exceeding forty years and, if executed in relation to the initial construction of the

system, need not be submitted to the voters for approval.

3. If any payments under any contract are to be made solely out of net revenues, the

contract may fix and prescribe the method or basis on which net revenues are to be

computed.
N.D. Cent. Code § 40-31-02 — ND Code / Title 40 / Chapter 40-31 / Section 40-31-02
40-31-02. City to build curbing - Assessment of expense - Notice of assessment - Approval by governing body
Status: in_force

40-31-02. City to build curbing - Assessment of expense - Notice of assessment -

Approval by governing body.

The curbing in the city shall be built, repaired, or rebuilt in the manner and within the time

prescribed by the governing body, which shall order the work to be done by such person as it

may have contracted with therefor, under the direction of the city engineer, or street

commissioner, if the city has no city engineer, at the expense of the lots or parcels of land

benefiting from the curbing. Such expense, including the expense of all notices in connection

with such work, the assessment therefor, and any other expense incurred for such work, shall

be assessed by the city engineer, or by the street commissioner if the city has no city engineer,

against the lot or parcel of land properly chargeable therewith. Such assessment shall be

returned by the engineer or commissioner and filed in the office of the city auditor, and the city

auditor shall cause the assessment, together with a notice of the time when and place where

the governing body will meet to consider the approval of the same, to be published once in the

official newspaper of the city at least ten days prior to the meeting of the governing body to

consider the approval of the assessment.
N.D. Cent. Code § 40-33-15 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-15
40-33-15. Proceedings instituted under existing law - How completed
Status: in_force

40-33-15. Proceedings instituted under existing law - How completed

Any proceedings instituted under the law as it was at the time of the purchase, erection,

operation, maintenance, enlargement, improvement, or extension of a municipal utility or the

lease thereof from any person, firm, corporation, or limited liability company or the sale or lease

of any such plant, system, or line to any person, firm, corporation, or limited liability company

may be completed under the law as it existed at the time such proceedings were taken.
N.D. Cent. Code § 40-16-09 — ND Code / Title 40 / Chapter 40-16 / Section 40-16-09
40-16-09. Copies of books, records, and transcripts of records of city auditor as evidence
Status: in_force

40-16-09. Copies of books, records, and transcripts of records of city auditor as

evidence.

Copies of any and all books, papers, documents, or instruments duly filed and kept in the

office of a city auditor and transcripts from the records of the proceedings of the governing body

of a city certified by the city auditor shall be evidence in all courts and places in like manner and

with the same force and effect as if the originals were produced.
N.D. Cent. Code § 40-33-28 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-28
40-33-28. Municipal transportation system - Bond limitations
Status: in_force

40-33-28. Municipal transportation system - Bond limitations

All general obligation bonds issued pursuant to sections 40-33-26 through 40-33-29 shall be

subject to all the restrictions, qualifications, and limitations of chapter 21-03, as well as all

constitutional limitations upon indebtedness, and all revenue bonds issued pursuant to sections

40-33-26 through 40-33-29, together with all revenues of the transportation system, shall be

subject to all the limitations, qualifications, and restrictions of chapter 40-35.
N.D. Cent. Code § 40-28-02 — ND Code / Title 40 / Chapter 40-28 / Section 40-28-02
40-28-02. Notice to owner or occupant to construct service connection pipes or wires
Status: in_force

40-28-02. Notice to owner or occupant to construct service connection pipes or wires

Upon the adoption of the resolution as provided in section 40-28-01, the city auditor shall

publish in the official municipal newspaper once each week for two successive weeks a notice

to the owners or occupants of the property involved stating what work is to be done and the time

within which it is to be completed. The notice may be general as to the owners but shall be

specific as to the descriptions of the lots or parcels of land in front, along the side, or in the rear

of which the improvement is to be made and which the improvement affects.
N.D. Cent. Code § 40-57-08 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-08
40-57-08. Excess revenues not to revert to general fund of municipality - Exception
Status: in_force

40-57-08. Excess revenues not to revert to general fund of municipality - Exception

Any revenues of any and all projects in excess of the amount required to pay interest upon

all bonds issued hereunder, to create a sinking fund to pay the principal of such bonds, when

due, to provide for the operation, maintenance, insurance, taxes, and depreciation of such

project, shall not revert to the general fund of the municipality. However, at such time as there

shall be outstanding no revenue bonds issued by the municipality, any excess of revenues may

be transferred to the general fund of the municipality in such amounts and at such times as the

governing body of the municipality may deem proper and feasible.
N.D. Cent. Code § 40-59-03 — ND Code / Title 40 / Chapter 40-59 / Section 40-59-03
40-59-03. Form of ballot
Status: in_force

40-59-03. Form of ballot

The form of the ballot at an election authorized by this chapter shall be prepared by the

auditor and shall be substantially as follows:

Shall a levy of not to exceed two mills be made for the purpose of

____________________?

Yes ☐

No ☐

There shall be inserted in the blank space in such question appropriate words describing the

purpose and nature of the improvement to be undertaken.
N.D. Cent. Code § 40-45-04 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-04
40-45-04. Acceptance of money, property, and rewards by the board - Limitations
Status: in_force

40-45-04. Acceptance of money, property, and rewards by the board - Limitations

The board of trustees may take by gift, grant, devise, or bequest any money or real or

personal property or other thing of value for the benefit of the police pension fund. All rewards in

moneys, fees, gifts, or emoluments of every kind or nature that may be paid or given to any

police department or to any member thereof, except when allowed to be retained or given to

endow a medal or other permanent or competitive reward on account of extraordinary services

rendered by the department or any member thereof, and all fines and penalties imposed upon

members, shall be paid into and shall become a part of the pension fund.
N.D. Cent. Code § 40-57.4-06 — ND Code / Title 40 / Chapter 40-57.4 / Section 40-57.4-06
40-57.4-06. Joint job development authority
Status: in_force

40-57.4-06. Joint job development authority

The governing bodies of a city and one or more other political subdivisions, by resolution,

may create a joint job development authority. If the authority is created, the governing bodies of

the political subdivisions shall appoint a board of directors in the size and manner established in

the resolution. The resolution must include provision for discontinuing the authority by the

governing bodies. If the authority is created, the question of discontinuing the authority may be

placed on the ballot at the next regular election by a petition signed by qualified electors of a

political subdivision within the authority equal in number to ten percent of the votes cast in that

political subdivision for the office of governor at the last general election. The question to

discontinue the authority requires a majority of the electors voting on the question in that

political subdivision for passage. If a majority of the electors voting on the question vote to

discontinue the authority in a political subdivision creating the authority, the authority is

discontinued. A joint job development authority in which a city is participating may exercise any

of the functions and powers of a city job development authority under this chapter.
N.D. Cent. Code § 40-37-02 — ND Code / Title 40 / Chapter 40-37 / Section 40-37-02
40-37-02. Authority for levy initiated by petition - Signatures - Filing - Question submitted to electors
Status: in_force

40-37-02. Authority for levy initiated by petition - Signatures - Filing - Question

submitted to electors.

The authority for making a tax levy for municipal band purposes shall be initiated by a

petition signed by at least ten percent of the qualified electors of the municipality as determined

by the number of votes cast at the last regular municipal election. The petition shall be filed with

the governing body and shall request that the following question be submitted to the qualified

electors:

Shall a tax of not exceeding ____________ mills (specifying the rate) be levied each

year for the purpose of furnishing a band fund?

When such petition is filed, the governing body shall cause the question to be submitted to the

qualified electors at the first following general municipal election.
N.D. Cent. Code § 40-21-02 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-02
40-21-02. City elections - When held - Notice - Polls - Agreements with counties - Judges and inspectors
Status: in_force

40-21-02. City elections - When held - Notice - Polls - Agreements with counties -

Judges and inspectors.

Biennial municipal elections must be held on the second Tuesday in June in each

even-numbered year.

1. Thirty days before the filing deadline for candidate names to be printed on the ballot,

an official notice of this deadline along with a list of the offices to appear on the ballot

must be published in the official newspaper of the city as provided by section

40-01-09.

2. Ten days' notice of the time and place of the election and of the offices to be filled at

the election must be given by the city auditor by publication in the official newspaper of

the city as provided by section 40-01-09.

3. The governing body of a city shall enter into an agreement with the governing body of

the county or counties in which the city lies concerning the use of a single canvassing

board, the sharing of election personnel, the printing of election materials, the

publishing of legal notices, and the apportioning of election expenses.

4. For city elections that are not held under an agreement with any county, the governing

body of the city shall appoint one inspector and two judges of election for each polling

place in the city at least ten days before the election is held and the polls must be

opened and closed as provided for the opening and closing of polls at statewide

elections. In voting precincts in which over three hundred votes are cast in any

previous election, the governing body may appoint two election clerks for each polling

place. For a city election that is not held under an agreement with any county in a

precinct in which seventy-five or fewer votes were cast in the last city election, the

governing body of the city may appoint one inspector and one judge for each polling

place.

5. When a city enters into an agreement with the county to hold the city election in

conjunction with the county election, the deadline for giving notice of the city election

along with the offices to be filled at the election may be adjusted in order to meet the

publishing requirements of the county. Each city governing body that enters into an

agreement with the county must notify the county auditor, in writing, immediately after

the candidate filing deadline on the sixty-fourth day before the election of the offices to

be filled at the election and any measures to appear on the ballot.
N.D. Cent. Code § 40-01.1-03 — ND Code / Title 40 / Chapter 40-01.1 / Section 40-01.1-03
40-01.1-03. Cooperative advisory study committee
Status: in_force

40-01.1-03. Cooperative advisory study committee

1. The governing bodies of any two or more political subdivisions, including any

combination of counties, cities, city park districts, townships, school districts, or other

political subdivisions, may establish an advisory committee to study the potential for

cooperative or combined efforts for providing local government functions and services.

A cooperative advisory study committee is established:

a. By execution of a joint powers agreement between participating political

subdivisions or by joint resolution pursuant to separate majority votes of each

participating governing body; or

b. By petitions signed by ten percent or more of the total number of qualified

electors of each affected political subdivision voting for governor at the most

recent gubernatorial election and submitted to the governing bodies.

2. The composition and duration of the advisory study committee is as prescribed in the

joint powers agreement, resolutions of the governing bodies, or petitions. However, the

governing bodies may agree, by joint resolution, to limit the duration or composition of

the advisory study committee created by petition pursuant to subdivision b of

subsection 1. Any vacancy may be filled as prescribed in the agreement, resolution, or

petitions or, if not prescribed, by the governing body that was represented by the

person vacating the position.

3. A governing body may agree to 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; and

e. Do any other act consistent with and reasonably required to perform its advisory

function.
N.D. Cent. Code § 40-05-15 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-15
40-05-15. Unclaimed motor vehicles - When sale permitted - Bill of sale evidence of title
Status: repealed

40-05-15. Unclaimed motor vehicles - When sale permitted - Bill of sale evidence of

title.

Repealed by S.L. 1973, ch. 319, § 15.
N.D. Cent. Code § 40-50.1-16 — ND Code / Title 40 / Chapter 40-50.1 / Section 40-50.1-16
40-50.1-16. Vacation of plat - Before and after sale of lots - Effect
Status: in_force

40-50.1-16. Vacation of plat - Before and after sale of lots - Effect

1. Before the sale of lots, a plat, any part of a plat, a subdivision of land, or a townsite

may be vacated by the proprietors by a written instrument declaring the plat to be

vacated. The instrument must be signed, acknowledged or approved, and recorded in

the office in which is recorded the instrument to be vacated. The signing and recording

of that instrument destroys the force and effect of the recording of the plat which is so

vacated and divests all public rights in the streets, alleys, easements, and public

grounds laid out as described in the plat.

2. If lots have been sold, a plat or any part of a plat may be vacated by all owners of the

lots in the plat joining in the signing of the instrument declaring the vacation. Vacation

of streets and public rights is not effective without endorsement by the governing body

that has the power to approve the plat. The endorsement must indicate the public

rights to be vacated.
N.D. Cent. Code § 40-06-08 — ND Code / Title 40 / Chapter 40-06 / Section 40-06-08
40-06-08. Action on committee reports deferred upon request
Status: in_force

40-06-08. Action on committee reports deferred upon request

Upon the request of any two members present, any report of a committee of the governing

body shall be deferred for final action to the next regular meeting after the report is made.
N.D. Cent. Code § 40-57-01 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-01
40-57-01. Short title
Status: in_force

40-57-01. Short title

This chapter may be cited as the Municipal Industrial Development Act of 1955.
N.D. Cent. Code § 40-18.1-13 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-13
40-18.1-13. Summons to issue on violation of ordinance - When warrant of arrest to issue
Status: in_force

40-18.1-13. Summons to issue on violation of ordinance - When warrant of arrest to

issue.

An action for a violation of an ordinance is initiated by a uniform complaint under section

29-05-31 or a complaint in compliance with the North Dakota Rules of Criminal Procedure. If

there is probable cause to believe a criminal offense has been committed by the individual

charged, an arrest warrant must be issued, except a municipal judge may issue a summons

instead of an arrest warrant if the municipal judge has reason to believe the individual charged

will appear in response to the summons. An individual arrested under a warrant must be taken

without unnecessary delay before the municipal judge to be tried for the alleged offense.
N.D. Cent. Code § 40-45-05 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-05
40-45-05. Police pension fund - How established
Status: in_force

40-45-05. Police pension fund - How established

All moneys derived from taxes levied to create a police 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

police pension fund.
N.D. Cent. Code § 40-22-23 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-23
40-22-23. Conditions of bidder's bond
Status: repealed

40-22-23. Conditions of bidder's bond

Repealed by S.L. 1995, ch. 443, § 29.
N.D. Cent. Code § 40-50.1-17 — ND Code / Title 40 / Chapter 40-50.1 / Section 40-50.1-17
40-50.1-17. Action by recorder
Status: in_force

40-50.1-17. Action by recorder

The recorder shall write in plain, legible letters, in black ink that is not ballpoint ink, across

that part of a plat which has been vacated the word "vacated" and shall make a reference on the

plat to the volume and page or document number in which the instrument of vacation is

recorded.
N.D. Cent. Code § 40-22-06.1 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-06.1
40-22-06.1. Cities with population of over ten thousand may enter into agreement with highway department or county for certain improvements
Status: repealed

40-22-06.1. Cities with population of over ten thousand may enter into agreement with

highway department or county for certain improvements.

Repealed by S.L. 1963, ch. 294, § 2.
N.D. Cent. Code § 40-33.3-05 — ND Code / Title 40 / Chapter 40-33.3 / Section 40-33.3-05
40-33.3-05. Payment of expenses of city representatives
Status: in_force

40-33.3-05. Payment of expenses of city representatives

Each member city may appropriate money for the payment of expenses of the formation of

the municipal pipeline authority and of its representatives in exercising functions as members of

the authority.
N.D. Cent. Code § 40-01-09 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-09
40-01-09. Official newspaper of municipality
Status: in_force

40-01-09. Official newspaper of municipality

The official newspaper as chosen by the electors of the county shall be the official

newspaper of the municipality in which it is published, and such official notices and legal

publications as the municipality is required to publish by law shall be published therein. In

municipalities where the official newspaper is not published, the governing body of the

municipality, annually by resolution at its first meeting in May, or as soon thereafter as

practicable, shall designate a newspaper published in the municipality, or if there is not one

published, then it shall designate a newspaper which is circulated in the municipality, as the

official newspaper of the municipality, including park districts therein, for the publication of

notices and legal publications, including legal notices and official statements of the school

districts embracing or encompassed by the municipality.
N.D. Cent. Code § 40-27-03 — ND Code / Title 40 / Chapter 40-27 / Section 40-27-03
40-27-03. Funding bonds to mature serially - When installments fall due
Status: in_force

40-27-03. Funding bonds to mature serially - When installments fall due

Bonds issued for the purchase of special assessment warrants shall mature serially. The

first installment shall fall due not more than three years from the date of issuance of the bonds,

and the last installment shall fall due not more than twenty years from the date of the bonds.
N.D. Cent. Code § 40-28-06 — ND Code / Title 40 / Chapter 40-28 / Section 40-28-06
40-28-06. Plans and specifications ordered for service connections
Status: in_force

40-28-06. Plans and specifications ordered for service connections

After the adoption of the resolution declaring the necessity of making the service

connections as provided in section 40-28-01, the governing body, by resolution, shall direct the

engineer acting for the municipality to prepare plans and specifications for the work and file

them with the city auditor.
N.D. Cent. Code § 40-08-26 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-26
40-08-26. Mayor may call on residents to aid in enforcing ordinances
Status: in_force

40-08-26. Mayor may call on residents to aid in enforcing ordinances

When necessary, the mayor may call on each resident of the city over the age of eighteen

years to aid in enforcing the laws and ordinances of the city.
N.D. Cent. Code § 40-45-11 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-11
40-45-11. Eligibility for retirement because of disability
Status: in_force

40-45-11. Eligibility for retirement because of disability

No member of the police department who shall become unable mentally or physically to

perform the person's duties, nor the person's dependents, shall be entitled to receive benefits

under this chapter because of such disability unless such member shall have been on active

duty with the department for a period of at least ten years prior to such disability unless such

mental or physical impairment was received in the line of duty and permanently disabled such

member. Provided, however, that any member of the department who shall have served

twenty-two years, retired, and subsequently suffered a permanent disability prior to attaining

age sixty, may, in the discretion of the pension board and providing that the same is actuarially

sound, be eligible for disability retirement. The question of 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 of trustees to make a complete physical examination of the member.
N.D. Cent. Code § 40-21-10 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-10
40-21-10. Registration of voters
Status: repealed

40-21-10. Registration of voters

Repealed by S.L. 2025, ch. 200, § 20.
N.D. Cent. Code § 40-33-06 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-06
40-33-06. Payment of cost of improvement by general taxation
Status: in_force

40-33-06. Payment of cost of improvement by general taxation

Within the debt limit provision of the Constitution of North Dakota, the municipality may pay,

at the option of the governing body, any portion of the cost of the improvement by general

taxation upon all the taxable property in the municipality. The tax shall be levied at the time of

making the improvement and shall be spread over such years and in such amounts as will meet

the municipality's share of the cost represented by the principal of the warrants issued against

the fund and the interest thereon. The tax, when collected, shall be paid into the fund of the

district and shall be used solely for the payment of the principal and interest of the warrants

issued against the district. The ordinance levying the tax shall be irrepealable so long as any

warrants are outstanding against the fund.
N.D. Cent. Code § 40-34-02 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-02
40-34-02. Methods of defraying cost of sewage or garbage disposal improvements or lease
Status: in_force

40-34-02. Methods of defraying cost of sewage or garbage disposal improvements or

lease.

The total cost of a sewage or garbage disposal system, or any portion thereof, may be

defrayed by the following alternative methods:

1. Out of the general current tax revenues on hand and appropriated for that purpose.

2. Out of the proceeds of the sale of general liability bonds issued in accordance with the

procedure and subject to the conditions and limitations prescribed by chapter 21-03,

as far as the same are applicable.

3. Partly out of general current tax revenues on hand and appropriated for that purpose

and the residue out of the proceeds of the sale of general liability bonds as provided in

subsection 2, as the governing body of the municipality shall determine by a majority

vote.

4. Partly from moneys secured by the issuance of mortgage bonds secured by the net

revenues of the improvement or system and by a mortgage or deed of trust upon the

improvement or system issued by the municipality. Bonds issued under this subsection

shall not exceed sixty percent of the cost of the improvement, and the remaining forty

percent of such cost shall be defrayed as provided in subsection 1, 2, or 3.

5. From moneys secured by the issuance and sale of first mortgage bonds secured by

the assets and property of the improvement or system in like manner as provided in

subsection 4, except that such bonds may be issued for the total cost of the

improvement upon compliance with this subsection. Bonds issued under this

subsection shall be secured by a pledge of the net revenues of the improvement or

system to be set apart as an interest and sinking fund to pay the principal and interest

of such first mortgage bonds as they mature. If the method provided in this subsection

is utilized by any municipality to defray the cost of a sewage disposal system, it, by a

resolution of its governing body, shall create the district, provide for and approve the

plans and specifications and estimates of the cost, and adopt and publish the

resolution declaring the work necessary to be done in accordance with the

requirements of chapter 40-22 as far as the same may be applicable. If the owners of

property liable to be imposed with the sewage disposal service charges as provided in

this subsection shall file with the city auditor, within thirty days after the first publication

of the resolution, a written protest against the improvement, the governing body at its

next meeting after the expiration of the time for filing protests against the improvement

shall hear and determine the sufficiency of the protests. After the hearing has been

had, the governing body, if it finds the protests to contain the signatures of the owners

of a majority of the property liable to be charged, shall not proceed further with the

improvement. If the protests are found insufficient or invalid, the governing body of the

municipality may cause the improvement to be made, contract therefor, and defray the

cost thereof in the manner provided in this subsection.

A municipality may pay the cost of leasing any sewage systems and all related real and

personal property for the collection, treatment, purification, and disposal in a sanitary manner of

sewage from the state, or any agency or institution of the state under section 40-34-19, solely

from revenues to be derived by the municipality from the ownership, sale, lease, disposition,

and operation of the sewage systems; the funds or any other amounts invested by the

municipality pursuant to section 21-06-07, or invested on the municipality's behalf by the state,

or any agency of the state, in conformity with policies of the industrial commission, including

investment in a guaranteed investment contract and any earnings thereon, to the extent pledged

therefor; and funds, if any, appropriated annually by the governing body of the municipality or

received from federal or state sources.
N.D. Cent. Code § 40-63-09 — ND Code / Title 40 / Chapter 40-63 / Section 40-63-09
40-63-09. Rules and administration - Income tax secrecy exception
Status: in_force

40-63-09. Rules and administration - Income tax secrecy exception

The tax commissioner shall administer this chapter with respect to an income tax exemption

or credit and has the same powers as provided under section 57-38-56 for purposes of this

chapter. The secrecy provisions of section 57-38-57 do not apply to exemptions or credits

received by taxpayers under sections 40-63-04, 40-63-06, and 40-63-07, but only when a local

zone authority inquires of the tax commissioner about exemptions or credits claimed under

sections 40-63-04, 40-63-06, and 40-63-07 with regard to that local zone authority or to the

extent necessary for the tax commissioner to administer the tax exemptions or credits.
N.D. Cent. Code § 40-47-02 — ND Code / Title 40 / Chapter 40-47 / Section 40-47-02
40-47-02. Division of city into districts to carry out regulations
Status: in_force

40-47-02. Division of city into districts to carry out regulations

The governing body may divide the city into districts of such number, shape, and area as

may be deemed best suited to carry out the purposes of this chapter, and may regulate and

restrict the erection, construction, reconstruction, alteration, repair, or use of buildings,

structures, or land within such districts. All regulations shall be uniform for each class or kind of

buildings throughout each district, but the regulations in one district may differ from those in

other districts.
N.D. Cent. Code § 40-45-10.1 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-10.1
40-45-10.1. Purchase of legislative service credit
Status: in_force

40-45-10.1. Purchase of legislative service credit

A member of a police pension fund under this chapter may, prior to retirement, purchase for

inclusion in the period of service in the department the time during each legislative session

spent serving as a member of the legislative assembly while a member of the pension fund. The

member 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 § 40-22.1-11 — ND Code / Title 40 / Chapter 40-22.1 / Section 40-22.1-11
40-22.1-11. Abbreviations, letters, and figures may be used in proceedings for levy and collection of special assessments
Status: in_force

40-22.1-11. Abbreviations, letters, and figures may be used in proceedings for levy

and collection of special assessments.

In all proceedings for the levy and collection of special assessments abbreviations, letters,

and figures may be used to denote full or partial additions, lots, blocks, sections, townships, and

ranges or years, days of the month, and amounts of money.
N.D. Cent. Code § 40-46-12 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-12
40-46-12. Assignment of retired employees to light duties in work of city
Status: in_force

40-46-12. Assignment of retired employees to light duties in work of city

The chief executive of the city may assign any employee of such city, retired or drawing a

pension under the provisions of this chapter, to the performance of light duties in the work of

such city.
N.D. Cent. Code § 40-33-29 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-29
40-33-29. Municipal transportation system - Application - Intent
Status: in_force

40-33-29. Municipal transportation system - Application - Intent

The provisions of sections 40-33-26 through 40-33-29 shall not apply to any case in which a

municipality determines that the acquisition of a public transportation system should be financed

through general obligation bonds only, or through revenue bonds only, it being the intention of

the legislative assembly that sections 40-33-26 through 40-33-29 shall apply only in cases in

which such financing is to be accomplished through a combination of revenue bonds and

general obligation bonds.
N.D. Cent. Code § 40-49-24 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-24
40-49-24. Park district authorized to collect user fees and issue evidences of indebtedness in anticipation of user fee revenues
Status: in_force

40-49-24. Park district authorized to collect user fees and issue evidences of

indebtedness in anticipation of user fee revenues.

1. A board of park commissioners may prescribe and collect user fees for facilities or

activities furnished by the park district and in anticipation of the collection of such

revenues may issue evidences of indebtedness for the purpose of acquiring,

constructing, improving, and equipping parks and park and recreational buildings and

facilities, and for the purpose of acquiring land for those purposes.

2. Evidences of indebtedness issued under this section are payable, as to principal and

interest, solely from all or part of the revenues referred to in this section and pledged

for such payment.

3. Notwithstanding any other provision of law, evidences of indebtedness issued under

this section are fully negotiable, do not constitute an indebtedness within the meaning

of any constitutional or statutory debt limitation or restriction, and together with interest

thereon and income therefrom, are not subject to taxation by the state of North Dakota

or any political subdivision of the state.

4. Evidences of indebtedness issued under this section must be authorized by resolution

of the board of park commissioners and, notwithstanding any other provision of law,

may be issued and sold in such manner and amounts, at such times, in such form, and

upon such terms, bearing interest at such rate or rates, as may be determined in the

resolution.
N.D. Cent. Code § 40-24-19 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-19
40-24-19. Warrants and improvement bonds - Issuance - When payable - Amounts - Temporary warrants and temporary improvement bonds - Interest - Interest coupons - Negotiability - Eligibility as investments
Status: in_force

40-24-19. Warrants and improvement bonds - Issuance - When payable - Amounts -

Temporary warrants and temporary improvement bonds - Interest - Interest coupons -

Negotiability - Eligibility as investments.

The municipality, at any time after making a contract for the construction of any

improvement to be financed in whole or in part by assessments, under authority of any chapter

of this title, or prior thereto but after the period for filing protests against the making of such

improvement has expired and the protests filed, if any, have been heard and determined to be

insufficient, and in anticipation of the levy and collection of such assessments and of any taxes

or revenues derived from service charges pledged to pay for such improvement, may issue

warrants or improvement bonds on the fund created for such improvement. The municipality is

responsible to the holders of the warrants or improvement bonds for the proper advertisement

and award of a contract or contracts or provision by other means for the completion of the

improvement; for the acquisition of all land, easements, licenses, and permits required for such

completion; and for the valid and final levy of special assessments upon all properties within the

improvement district to be benefited by the improvement, in an aggregate principal amount

equal to the total cost of the improvement as finally ascertained, less the portions thereof, if any,

determined to be paid from taxes, service charges, and any other source. The issuance of the

warrants or improvement bonds constitutes a representation and covenant binding upon the

municipality that the aggregate benefits to be derived from the making of the improvement by

the properties to be assessed therefor are not less than the aggregate amount of the special

assessments so required to be levied. The warrants or improvement bonds shall be issued and

shall mature in such amounts as in the judgment of the governing body will be provided for, at or

before the maturity dates specified, by the taxes and assessments to be levied and spread and

the revenues pledged therefor. In lieu of issuing definitive warrants or improvement bonds on

any such fund, the governing body may by resolution authorize the issuance and sale of

temporary warrants or temporary improvement bonds maturing in not to exceed three years

from the date of issue of the first such warrant or temporary improvement bonds, to be repaid

with interest from the proceeds of definitive warrants or improvement bonds maturing as

hereinabove required, which the governing body shall issue and sell at or before the maturing

date of said temporary warrants or temporary improvement bonds, in the amount required, with

moneys theretofore received in such fund, to pay the total cost of the improvement and all

temporary warrants or temporary improvement bonds theretofore issued on the fund, with

interest then accrued thereon. The warrants or temporary improvement bonds must bear

interest at a rate or rates and must be sold at a price, not less than ninety-eight percent of par,

resulting in an average net interest cost not to exceed twelve percent per annum payable

annually or semiannually, except that there is no interest rate ceiling on an issue sold at public

sale or to the state of North Dakota or any of its agencies or instrumentalities. The definitive

warrants or improvement bonds may bear interest at a rate or rates higher or lower than those

borne by the temporary warrants or temporary improvement bonds, as determined by the

governing body in effecting the sale thereof. In the sale of temporary warrants or temporary

improvement bonds, the municipality may by resolution of the governing body agree to issue to

the holder or holders thereof definitive warrants or improvement bonds upon specified terms as

to interest, maturity, redemption provisions, and all other pertinent details, in the event that the

municipality is unable to sell definitive warrants or improvement bonds to others upon more

favorable terms. Coupons representing the interest for each year or lesser period may be

attached to the warrants, whether definitive or temporary, or improvement bonds or temporary

improvement bonds. All such warrants or bonds shall be negotiable within the meaning of and

for all the purposes specified in title 41, and, to the same extent as general obligation bonds of

the issuing municipality, are valid investments of the funds of any guardian, trustee, and other

fiduciary of any kind or nature, any bank or other financial institution, any charitable,

educational, or eleemosynary institution, and any public corporation or official, municipality,

school district, or other political subdivision, including bond sinking funds, special improvement

funds, municipal utility funds, and funds of the state of North Dakota and its instrumentalities

and agencies.
N.D. Cent. Code § 40-36-12 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-12
40-36-12. Refunding bonds not a debt of municipality - Refunding bond to recite fund from which payable
Status: in_force

40-36-12. Refunding bonds not a debt of municipality - Refunding bond to recite fund

from which payable.

Refunding bonds and the interest thereon shall not be a debt of the municipality nor a

charge, lien, or encumbrance, legal or equitable, upon any property of the municipality or upon

any income, receipts, or revenues of the municipality other than such of the revenues of the

enterprise as shall have been pledged to the payment thereof. Every refunding bond shall recite

in substance that the bond, including interest thereon, is payable solely from the revenues

pledged to the payment thereof and that the municipality is under no obligation to pay the same

except from said revenues.
N.D. Cent. Code § 40-58-20.1 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-20.1
40-58-20.1. Use of tax increment financing for the development of certain industrial or commercial property - Public hearing - Eligible costs of development
Status: in_force

40-58-20.1. Use of tax increment financing for the development of certain industrial or

commercial property - Public hearing - Eligible costs of development.

1. The governing body of a municipality may use the tax increment financing method

authorized by section 40-58-20 to assist a project developer in the development of

industrial or commercial property, as limited by this section, pursuant to an agreement

between the municipality and the project developer.

2. Prior to entering into an agreement with a project developer under subsection 1, the

governing body of the municipality shall consider the agreement at a public hearing,

which may be held in conjunction with the public hearing required by subsection 3 of

section 40-58-06, after providing written notice of the hearing at least fifteen days prior

to the hearing to potential competitors of the prospective industrial or commercial

enterprise, and may enter into the agreement only if it determines that the agreement

will not result in unfair competition and that the agreement is in the best interests of the

municipality as a whole.

3. For the purpose of determining costs of development of industrial or commercial

property to be reimbursed by tax increments under section 40-58-20, only the following

public costs necessarily incurred, by either the municipality or the project developer,

for the purpose of preparing the property for private development by the project

developer may be included in the agreement as reimbursable public costs of

development:

a. The cost of acquiring, or the market value, of all or a part of the industrial or

commercial property;

b. Costs of demolition, removal, or alteration of buildings and improvements on the

industrial or commercial property, including the cost of clearing and grading land;

c. Costs of installation, construction, or reconstruction of streets, utilities, parks, and

other public works or improvements necessary for carrying out the development

or renewal plan; and

d. All interest and redemption premiums paid on bonds, notes, or other obligations

issued by the municipality to provide funds for the payment of eligible public costs

of development.
N.D. Cent. Code § 40-53.1-01 — ND Code / Title 40 / Chapter 40-53.1 / Section 40-53.1-01
40-53.1-01. Dissolution - Petition - Notice of election
Status: in_force

40-53.1-01. Dissolution - Petition - Notice of election

1. If qualified electors of a city equal in number to one-fourth of the number of qualified

electors voting at the last regular city election petition the board of county

commissioners of the county wherein the city is situated to dissolve the city, the board

of county commissioners shall order a special election to be held within the city on the

question of dissolving the city.

2. Notice of the election shall be published once each week for four consecutive weeks

and shall state that the question of dissolving the city will be submitted to the qualified

electors of the city on the designated day.
N.D. Cent. Code § 40-27-07 — ND Code / Title 40 / Chapter 40-27 / Section 40-27-07
40-27-07. Refunding warrants or bonds authorized by resolution - Contents of resolution
Status: in_force

40-27-07. Refunding warrants or bonds authorized by resolution - Contents of

resolution.

The issuance of refunding warrants or bonds may be authorized by the governing body of

the municipality by resolution. Such resolution shall describe the warrants or bonds to be

refunded and the amount, maturity, and other details of the refunding warrants or bonds.
N.D. Cent. Code § 40-34-07 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-07
40-34-07. First mortgage bonds are negotiable
Status: in_force

40-34-07. First mortgage bonds are negotiable

All first mortgage bonds issued under the provisions of this chapter may be negotiated in

the same manner and with the same legal effect as negotiable instruments under title 41.
N.D. Cent. Code § 40-16-07 — ND Code / Title 40 / Chapter 40-16 / Section 40-16-07
40-16-07. Auditor may take testimony
Status: in_force

40-16-07. Auditor may take testimony

A city auditor may administer oaths and affirmations to witness and take testimony in

connection with any of the duties imposed upon the city auditor by the laws of this state.
N.D. Cent. Code § 40-57.1-05 — ND Code / Title 40 / Chapter 40-57.1 / Section 40-57.1-05
40-57.1-05. Reapplication for tax exemption - Discretion of board of equalization
Status: in_force

40-57.1-05. Reapplication for tax exemption - Discretion of board of equalization

The municipality or the state board of equalization, upon the presentation of additional facts

and circumstances which were not presented or discovered at the time of the original

application for tax exemption under the provisions of this chapter, may accept reapplications

from project operators at any time if the project operators first publish notice of application for

tax exemption as required by this chapter.
N.D. Cent. Code § 40-27-12 — ND Code / Title 40 / Chapter 40-27 / Section 40-27-12
40-27-12. Rights of warrantholders or bondholders to be preserved - Tax levy for deficiency - When levied
Status: in_force

40-27-12. Rights of warrantholders or bondholders to be preserved - Tax levy for

deficiency - When levied.

A municipality issuing refunding special assessment warrants or bonds shall preserve and

enforce, for the security of the refunding warrants or bonds, all of the rights and duties which

constituted security for the refunded warrants or bonds. At the date of the maturity of the last

maturing warrant or bond of the original issue, the governing body shall levy a tax for the

payment of any deficiency in the special improvement fund against which the refunded special

assessment warrants or bonds were drawn. Such tax may be made payable in the years and in

the amounts required to pay the principal of and interest on the refunding warrants or bonds as

the same becomes due.
N.D. Cent. Code § 40-11-04 — ND Code / Title 40 / Chapter 40-11 / Section 40-11-04
40-11-04. Ordinance required for the transfer of property
Status: in_force

40-11-04. Ordinance required for the transfer of property

Every municipality shall enact an ordinance providing for the conveyance, sale, lease, or

disposal of personal and real property of the municipality. When the property to be disposed of

is estimated by the governing body of the municipality to be of a value of less than two thousand

five hundred dollars, the property may be sold at private sale upon the proper resolution of the

governing body. In all other cases, the property may be sold only at public sale or as provided

under section 40-11-04.2. This section and sections 40-11-04.1 and 40-11-04.2 do not apply to a

lease by a municipality to the state, or any agency or institution of the state, of any waterworks,

mains, and water distribution system and any equipment or appliances connected therewith and

any real property related thereto pursuant to subsection 5 of section 40-33-01 or of any sewage

system and all related property for the collection, treatment, purification, and disposal in a

sanitary manner of sewage pursuant to section 40-34-19.
N.D. Cent. Code § 40-09-04 — ND Code / Title 40 / Chapter 40-09 / Section 40-09-04
40-09-04. Commissioners - Terms - Resignations
Status: in_force

40-09-04. Commissioners - Terms - Resignations

Each commissioner and the president of the board of city commissioners shall hold office

for four years commencing on the first day of July of the year in which the officer was elected

and until a successor has been duly elected and qualified. The commission shall establish by

ordinance a procedure whereby one-half of all commissioners, as nearly as practicable, are

elected biennially. The president or any other member of the board may resign from office by

filing a written resignation with the city auditor, who shall submit the resignation to the board of

city commissioners at its next regular meeting or at a special meeting called for consideration of

the resignation. The resignation is effective upon its acceptance by the board.
N.D. Cent. Code § 40-57-19.2 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-19.2
40-57-19.2. Refunding bonds
Status: in_force

40-57-19.2. Refunding bonds

1. Any municipality may provide for the issuance of refunding bonds to refund, in whole

or in part, bonds previously issued by the municipality under the authority of this

chapter for any of the following purposes:

a. To extend the maturities of the outstanding bonds.

b. To consolidate or restructure or reduce the debt service of the outstanding bonds.

c. To remove covenants made with respect to the issuance of the outstanding

bonds.

2. The principal amount of the refunding bonds may include:

a. The principal amount of the outstanding bonds to be refunded.

b. Any interest accrued or to accrue to the earliest or subsequent date of

redemption, or maturity of the outstanding bonds to be refunded.

c. Any redemption premium required to be paid on the outstanding bonds to be

refunded.

d. Any expenses related to the issuance of the refunding bonds.

e. Any interest on the refunding bonds to be paid with the proceeds of the refunding

bonds.

3. When the refunding bonds are issued and sold by more than six months in advance of

the date or dates determined by the issuer for the redemption or retirement of all of the

outstanding bonds to be refunded, the proceeds of the refunding bonds, including any

premium or accrued interest, must be deposited in escrow with a suitable bank or trust

company. The escrowed proceeds must be invested and reinvested in direct

obligations of the United States or any agency or instrumentality of the United States,

in any obligations of which the principal and interest are unconditionally guaranteed by

the United States, in certificates of deposit or time deposits secured by direct

obligations of the United States, or by obligations of which the principal and interest

are unconditionally guaranteed by the United States. Funds other than proceeds of the

refunding bonds, including moneys on hand in a bond fund or sinking fund maintained

for the payment of the outstanding bonds to be refunded and not immediately needed

for the payment of interest or principal due, also may be deposited in the escrow fund

and invested in the same manner as the proceeds of the refunding bonds. The

principal of and earnings on the obligations or securities in the escrow fund may be

used to retire or redeem the outstanding bonds, pay any principal of or interest on the

refunding bonds, or pay any expenses relating to the retirement or redemption of the

outstanding bonds or the issuance of the refunding bonds. Any proceeds of the

refunding bonds or money in the escrow fund not expended as set forth in this section

may be returned to the industrial or commercial enterprise as an overpayment of

rentals or purchase price installments.
N.D. Cent. Code § 40-40-11 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-11
40-40-11. County auditor to calculate and reduce tax rates - Extending tax levy
Status: in_force

40-40-11. County auditor to calculate and reduce tax rates - Extending tax levy

After the county auditor has available the data showing the total taxable valuation of a

municipality, the auditor shall calculate the necessary tax rates to produce the sums called for in

the final budget. If the auditor finds that any amount or amounts called for in the levy cannot be

produced by a tax rate within the limitation prescribed by the laws of this state, the auditor shall

reduce the amount so that it can be produced by a tax rate within legal limitations. The auditor

shall extend the levy, including the levy for judgments against the municipality, upon the tax lists

of the county for the current year against each description of real property and all personal

property within the municipality in the same manner and with the same effect as other taxes are

extended. The county auditor shall notify the governing body of the municipality at once of any

reductions made in the levy.
N.D. Cent. Code § 40-12-11 — ND Code / Title 40 / Chapter 40-12 / Section 40-12-11
40-12-11. Publication of proposed or referred ordinance or proposition before election
Status: in_force

40-12-11. Publication of proposed or referred ordinance or proposition before

election.

The city auditor shall cause any ordinance or proposition to be submitted to the electors

under this chapter to be published once in each newspaper published in the municipality. The

publication shall be made not more than twenty days nor less than five days before the

submission of the ordinance or proposition to a vote.
N.D. Cent. Code § 40-48-08 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-08
40-48-08. Master plan - Adoption - Contents - Part of plan may be published - Amending
Status: in_force

40-48-08. Master plan - Adoption - Contents - Part of plan may be published -

Amending.

The planning commission shall make and adopt a master plan for the physical development

of the municipality and of any land outside its boundaries which, in the commission's judgment,

bears a relation to the planning of the municipality. Such plan, with the accompanying maps,

plats, charts, and descriptive matter, shall show the commission's recommendations for the

development of the territory, including:

1. The general locations, character, and extent of streets, waterways, waterfronts,

playgrounds, plazas, squares, and open spaces, parks, aviation fields, and other

public ways and grounds;

2. The general location of public buildings and other public property;

3. The general location and extent of public utilities and terminals whether publicly or

privately owned or operated;

4. The removal, relocation, widening, narrowing, vacation, abandonment, change of use,

or extension of any of the foregoing ways, grounds, open spaces, buildings, property,

terminals, or utilities; and

5. Other matters authorized by law.

The commission, from time to time, may adopt and publish a part of the plan covering one or

more major sections or divisions of the territory under its jurisdiction or one or more of the

subjects set out in this section or other subjects. The commission, from time to time, may

amend, extend, or add to the master plan.
N.D. Cent. Code § 40-22.1-03 — ND Code / Title 40 / Chapter 40-22.1 / Section 40-22.1-03
40-22.1-03. Size and form of improvement district - Regulations governing
Status: in_force

40-22.1-03. Size and form of improvement district - Regulations governing

Any business improvement district created by a municipality may embrace two or more

separate property areas. A business improvement district must include all properties which in

the judgment of the governing body, after consultation with the city auditor or city auditor's

designee planning the improvement, will be benefited by the creation of all or a portion of the

business improvement project. A district may be created without uniformity among the types,

items, or quantities of work and materials to be used at particular locations throughout the

district. The jurisdiction of a municipality to make, finance, and assess the cost of any

improvement project may not be impaired by any lack of commonness, unity, or singleness of

the location, purpose, or character of the improvement, or by the fact that any one or more of

the properties included in the district is subsequently determined not to be benefited by the

improvement, or by a particular portion of the improvement. Upon receipt of a petition signed by

the owners of three-fourths of the area to be added to a business improvement district in which

an improvement is proposed or created, the governing body may enlarge the district. Any district

created under this chapter shall include only property devoted, in whole or in part, to commercial

or business use.
N.D. Cent. Code § 40-19-02 — ND Code / Title 40 / Chapter 40-19 / Section 40-19-02
40-19-02. City assessor may list property prior to April first - Duty of county auditor
Status: repealed

40-19-02. City assessor may list property prior to April first - Duty of county auditor

Repealed by S.L. 1983, ch. 598, § 25.
N.D. Cent. Code § 40-03.1-01 — ND Code / Title 40 / Chapter 40-03.1 / Section 40-03.1-01
40-03.1-01. Change from council system of government - Petition required
Status: in_force

40-03.1-01. Change from council system of government - Petition required

Any city which shall have operated for more than six years since the adoption of the city

council system of government or since the last election at which the question of changing from

the council system was rejected by a vote of the qualified electors, may change its organization

thereunder and adopt the city commission form of government. The proceeding to change shall

be initiated by a petition asking for such change signed by not less than forty percent of the

qualified electors of the city, as determined by the total number of qualified electors voting at the

preceding general election. The signatures to such petition need not be appended to a single

paper, but one of the signers upon each paper shall make oath before an officer competent to

administer oaths that each signature appearing upon such paper is the genuine signature of the

person whose name it purports to be. Each petition, in addition to the names of the signers,

shall contain the name, address, and age of each petitioner, and the length of the petitioner's

residence in the city. Any petitioner shall be permitted to withdraw that petitioner's name from a

petition within five days after the petition is filed.
N.D. Cent. Code § 40-44-07 — ND Code / Title 40 / Chapter 40-44 / Section 40-44-07
40-44-07. Purpose and intent of chapter - Types of systems that may be set up
Status: in_force

40-44-07. Purpose and intent of chapter - Types of systems that may be set up

This chapter shall enable, authorize, and empower the governing body of any city having

the requisite number of inhabitants to adopt a civil service system adapted to the size and

requirements of the city. Such system, if deemed advisable by such body, may consist merely in

the setting up of minimum employment qualifications for full-time members of the city's paid fire

and police departments and the heads thereof with provisions prohibiting their suspension,

removal, or discharge, or the suspension, removal, or discharge of any other appointive

employee or official except upon adequate reason and cause shown upon hearing and thereon

after reasonable notice to the person or persons sought to be suspended, removed, or

discharged. If deemed advisable by the governing body, the civil service system may consist of

a comprehensive system covering all paid fire and police department full-time employees and

the heads of these two departments and other appointive full-time employees and officials, other

than common laborers and employees who have not been in the continuous employment of the

city for a period of more than one year, as in the discretion of the governing body of the city may

be for the best interests of the public, such employees, and the service to be rendered to the

city.
N.D. Cent. Code § 40-48-11 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-11
40-48-11. Hearing on plan by governing body - Notice - Changes in plan - Notice to planning commission - Disapproval of changes
Status: in_force

40-48-11. Such additions and changes, when adopted by an ordinance of the governing body,

shall become a part of the official master plan of the municipality and shall be deemed to be

final and conclusive with respect to all matters shown thereon. The layout, widening, enlarging,

closing, or abandoning of streets, plazas, open spaces, and parks or playgrounds by the

municipality under provisions of the laws of this state other than those contained in this chapter

shall be deemed to be a change or addition to the official master plan and shall be subject to all

the provisions of this chapter.
N.D. Cent. Code § 40-01-20 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-20
40-01-20. Daylight saving time prohibited
Status: in_force

40-01-20. Daylight saving time prohibited

No city or other political subdivision within the state shall adopt daylight saving time or any

other seasonal standard of time which varies from the time in effect in such city or political

subdivision during the greater portion of the year. All ordinances, resolutions, or other

enactments, whether enacted prior to or subsequent to the effective date of this section, are

hereby nullified.
N.D. Cent. Code § 40-38.1-01 — ND Code / Title 40 / Chapter 40-38.1 / Section 40-38.1-01
40-38.1-01. Municipal arts council - Establishment - Election
Status: in_force

40-38.1-01. Municipal arts council - Establishment - Election

The question of establishing a municipal arts council shall be submitted to the electors upon

resolution of the governing body or upon the petition of not less than twenty-five percent of that

number of electors of the city who voted at the last general election, filed with the governing

body not less than sixty days before the next regular election. The municipal arts council may be

discontinued within any city by any of the methods by which it may be established, except that

once established, such council shall not be discontinued until after it has been in operation for at

least five years from the date of establishment.
N.D. Cent. Code § 40-43-03 — ND Code / Title 40 / Chapter 40-43 / Section 40-43-03
40-43-03. Negotiable bearer bonds may be issued to pay compromised amount
Status: repealed

40-43-03. Negotiable bearer bonds may be issued to pay compromised amount

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 40-48-02 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-02
40-48-02. Official master plan may be established - Filing - Effect - Purpose
Status: in_force

40-48-02. Official master plan may be established - Filing - Effect - Purpose

Any municipality, by an ordinance of its governing body, may establish an official master

plan of the municipality. Such ordinance shall make it the duty of some appropriate official or

employee of the municipality to file for record immediately, with the recorder of the county in

which the area covered by the plan is situated, a certificate showing that the municipality has

established an official master plan. Such plan shall be final and conclusive with respect to the

location and width of streets, ways, plazas, open spaces, and public easements, and the

location of parks and playgrounds, and the establishment of public rights in lands shown

thereon. The official master plan is declared to be established to conserve and promote the

public health, safety, and general welfare of the municipality.
N.D. Cent. Code § 40-52-06 — ND Code / Title 40 / Chapter 40-52 / Section 40-52-06
40-52-06. City auditor to make changes in assessment list
Status: in_force

40-52-06. City auditor to make changes in assessment list

The city auditor shall make any changes in assessment lists necessitated by any change in

the names, numbers, or boundaries of the wards in the municipality.
N.D. Cent. Code § 40-63-01 — ND Code / Title 40 / Chapter 40-63 / Section 40-63-01
40-63-01. Definitions
Status: in_force

40-63-01. Definitions

As used in this chapter:

1. "Boundary" means the boundary established by vote of the city governing body and

approved by the department of commerce division of community services.

2. "Development plan" means a written plan that addresses the criteria in subsection 1 of

section 40-63-03 and includes the following:

a. A map of the proposed renaissance zone which indicates the geographic

boundaries and blocks, a description of the properties and structures on each

block, identification of those properties and structures to be targeted for potential

zone projects, and a description of the present use and conditions of the targeted

properties and structures.

b. A description of the existing physical assets, in particular natural or historical

assets, of the zone and a plan for the incorporation and enhancement of the

assets within the proposed development.

c. An outline of goals and objectives and proposed outcomes, including major

milestones or benchmarks, by which to gauge success resulting from the

designation of the zone.

d. A description of the types of projects the city would encourage in the city's

targeted properties.

e. A description of the promotion, development, and management strategies to

maximize investment in the zone.

f. A plan for the development, promotion, and use of a renaissance fund

organization, if one is desired to be established. If a city is not ready to commit to

establishing a renaissance fund organization, the city may indicate in the

renaissance zone application the city's desire to submit a plan for approval at a

later date.

g. Evidence of community support and commitment from residential and business

interests. Evidence of community support must include letters of support from the

governing bodies of each county and school district that contain property located

within the boundaries of the proposed renaissance zone.

3. "Investor" means the individual, partnership, limited partnership, limited liability

company, trust, or corporation making an investment in a renaissance fund

organization.

4. "Lease" means the lease of space in a building in a designated renaissance zone by a

new business moving into the zone or by an existing zone business expanding in the

zone, and the continuation of a lease of an existing zone tenant in a building

rehabilitated as an approved zone project. For existing zone tenants expanding in the

zone, the term does not include existing leased space.

5. "Local zone authority" means the city or the entity designated by the city to promote,

develop, and manage the zone and may include any nonprofit incorporated entity such

as an economic development corporation, community development corporation, main

street organization, or chamber of commerce.

6. "Original principal amount" means the funds invested in a renaissance fund

organization after designation of the renaissance zone and before the sunset of that

zone.

7. "Rehabilitation", as used in sections 40-63-04 and 40-63-05, means the repair or

remodeling of a building or public utility infrastructure at a cost that is equal to or

exceeds:

a. For an income tax or property tax exemption under this chapter which exceeds

five taxable years, seventy-five percent of the current true and full value for

residential property, excluding owner-occupied single-family residential property,

or commercial property for a business or investment purpose.

b. For an income tax or property tax exemption under this chapter of five taxable

years or less, fifty percent of the current true and full value for residential

property, excluding owner-occupied single-family residential property, or

commercial property, for a business or investment purpose.

c. Fifty percent of the current true and full value for public utility infrastructure.

d. Twenty percent of the current true and full value for owner-occupied single-family

residential property.

8. "Taxpayer" means an individual, corporation, or trust subject to the taxes imposed by

chapter 57-38 and includes a partnership, subchapter S corporation, limited

partnership, limited liability company, or any other passthrough entity.

9. "Zone" means a renaissance zone proposed by a city and designated by the

department of commerce division of community services.

10. "Zone project" means the purchase, lease, rehabilitation, or historical preservation or

renovation of a building or space in a building approved for zone incentives by a

majority vote of the city governing body or zone authority.
N.D. Cent. Code § 40-58-04 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-04
40-58-04. Workable program
Status: in_force

40-58-04. Workable program

A municipality for the purposes of this chapter may formulate a workable program for

utilizing appropriate private and public resources, including those specified in section 40-58-18,

to facilitate the development of industrial or commercial properties, eliminate and prevent the

development or spread of slums and urban blight, encourage needed urban rehabilitation,

provide for the redevelopment of slum and blighted areas, or undertake these activities or other

feasible municipal activities as may be suitably employed to achieve the objectives of the

workable program. The workable program may include provision for:

1. The development of industrial or commercial properties;

2. The prevention of the spread of blight into areas of the municipality which are free from

blight through diligent enforcement of housing, zoning, and occupancy controls and

standards;

3. The rehabilitation or conservation of slum and blighted areas or portions of those

areas by replanning, removing congestion, providing parks, playgrounds, and other

public improvements, by encouraging voluntary rehabilitation and by compelling the

repair and rehabilitation of deteriorated or deteriorating structures; and

4. The clearance and redevelopment of slum areas or portions of those areas.
N.D. Cent. Code § 40-57-14 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-14
40-57-14. Covenants that may be inserted in ordinance or resolution authorizing bonds
Status: in_force

40-57-14. Covenants that may be inserted in ordinance or resolution authorizing

bonds.

1. Any ordinance or resolution authorizing the issuance of bonds under this chapter to

finance, in whole or in part, the cost of any project may contain covenants,

notwithstanding that the covenants may limit the exercise of powers conferred by this

chapter, as to:

a. The rents or payments to be charged with respect to the project.

b. The use and disposition of the revenues of the projects.

c. The creation and maintenance of sinking funds and the regulation, use, and

disposition thereof.

d. The creation and maintenance of funds to provide for maintaining the project and

replacement of those properties that are subject to depreciation.

e. The purpose, or purposes, to which the proceeds of this sale of bonds may be

applied and the use and disposition of the proceeds.

f. The nature of mortgages or other encumbrances on the project made in favor of

the holder of the bonds, or a trustee therefor.

g. The events of default and the rights and liabilities arising thereon and the terms

and conditions upon which the holders of bonds issued under this chapter may

bring any suit or action on the bonds or on any coupons thereof.

h. The issuance of other or additional bonds or instruments payable from or

constituting a charge against the revenue of the project.

i. The insurance to be carried upon the project and the use and disposition of

insurance moneys.

j. The keeping of books of account and the inspection and audit thereof.

k. The terms and conditions upon which the bonds become or may be declared due

before maturity and the terms and conditions upon which the declaration and its

consequences may be waived.

l. The rights, liabilities, powers, and duties arising upon the breach by the

municipality of any covenants, conditions, or obligations.

m. The vesting in a trustee of the rights to enforce any covenants made to secure, to

pay, or in relation to, the bonds and the powers and duties of the trustee and the

limitation of liabilities thereof.

n. The terms and conditions upon which the holder of the bonds, or the holders of

any proportion or percentage of them, may enforce any covenants made under

this chapter or any duties imposed thereby.

o. A procedure by which the terms of any ordinance or resolution authorizing bonds

or of any other contract with bondholders, including an indenture of trust or similar

instrument, may be amended or abrogated, and the amount of bonds the holders

of which must consent thereto, and the manner in which consent may be given.

p. The subordination of the security of any bonds issued and the payment of

principal and interest thereof, to the extent deemed feasible and desirable by the

governing body, to other bonds or obligations of a municipality issued to finance

the project or that may be outstanding when the bonds thus subordinated are

issued and delivered.

2. Nothing in this chapter authorizes any municipality to do anything or for any purpose

that would result in the creation or incurring of a debt or indebtedness or the issuance

of any instrument that would constitute a bond or debt within the meaning of any

provisions, limitation, or restriction of the Constitution of North Dakota relating to the

creation or incurring of a debt or indebtedness or the issuance of an instrument

constituting a bond or debt.
N.D. Cent. Code § 40-21-06 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-06
40-21-06. Reference to party ballot or affiliation in petition of candidate for municipal office prohibited
Status: in_force

40-21-06. Reference to party ballot or affiliation in petition of candidate for municipal

office prohibited.

No reference may be made to a party ballot nor to the party affiliation of a candidate in a

petition to be filed by or in behalf of a candidate for nomination to a public office in any

incorporated city in this state.
N.D. Cent. Code § 40-14-07 — ND Code / Title 40 / Chapter 40-14 / Section 40-14-07
40-14-07. Holding of other offices by city auditor prohibited
Status: repealed

40-14-07. Holding of other offices by city auditor prohibited

Repealed by S.L. 1975, ch. 372, § 1.
N.D. Cent. Code § 40-48-27 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-27
40-48-27. Interpretation of harmonious and conflicting statutes
Status: in_force

40-48-27. Interpretation of harmonious and conflicting statutes

All statutory control over plats or subdivisions of land granted by other statutes, insofar as

such control is in harmony with the provisions of this chapter, shall be deemed transferred to the

planning commission, and insofar as such control is inconsistent with the provisions of this

chapter, the provisions of this chapter shall govern in a municipality which has established a

planning commission.
N.D. Cent. Code § 40-25-02 — ND Code / Title 40 / Chapter 40-25 / Section 40-25-02
40-25-02. Sale of property if both general and special assessment taxes are delinquent - Absence of private bid
Status: in_force

40-25-02. Sale of property if both general and special assessment taxes are

delinquent - Absence of private bid.

If any real property is subject to sale at the same time for delinquent general taxes and also

for delinquent special assessments or installments thereof, the delinquent general taxes and the

delinquent special assessments or installments thereof shall be advertised and sold together in

one sum and one certificate shall be issued therefor. If the real estate is sold for both delinquent

general taxes and delinquent special assessments or installment of special assessments and

there shall be no bidder therefor, the county auditor shall strike off the parcel of land to the

county and one certificate of sale shall cover both general taxes and special assessments which

are delinquent.
N.D. Cent. Code § 40-49-12 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-12
40-49-12. Powers of the board of park commissioners
Status: in_force

40-49-12. Powers of the board of park commissioners

A board of park commissioners may:

1. Acquire by purchase, gift, devise, condemnation subject to chapter 32-15, conveyance

pursuant to Public Law No. 115-306, or otherwise, land anywhere within this state, or

outside this state if located adjacent to a boundary of this state and of the park district,

for parks, boulevards, and ways. The board has the sole and exclusive authority to

maintain, govern, and improve the land, and to provide for the erection of structures

thereon. Such parks, boulevards, and ways are considered for purposes of taxation

and for all other purposes as being within the territorial limits of the municipality. If the

board has acquired the legal title in fee to such lands, the board may sell and convey

the same. A conveyance must be executed by the president and clerk of the board

upon a resolution approved by not less than two-thirds of the members thereof.

2. Lay out, open, grade, curb, pave, and otherwise improve any path, way, or street, in,

through, or around the parks, and construct, erect, build, maintain, manage, and

govern any and all buildings, pavilions, play and pleasure grounds or fields, and such

other improvements of a like character as may be deemed necessary.

3. Pass all ordinances necessary and requisite to carry into effect the powers granted to

a board of park commissioners, with such penalties as the board may deem proper.

No such penalty, however, shall exceed five hundred dollars.

4. Levy special assessments on all property especially benefited by the purchase,

opening, establishment, and improvement of such parks or boulevards and of ways or

streets about the same.

5. Employ such engineers, surveyors, clerks, and other employees, including a police

force, as may be necessary, define and prescribe their respective duties, and fix and

pay their compensation.

6. Issue negotiable bonds of the park district as provided in title 21.

7. Levy taxes upon all the property within the district for the purpose of maintaining and

improving parks, boulevards, and ways, and to defray the expenses of the district. The

proceeds of the taxes shall be available also for use in payment for any land

purchased during the year or previously, or for improvements previously made for park

purposes.

8. Establish building lines for all property fronting on any park, boulevard, or way under

the direction and control of the board, and control the subdivision and platting of

property within four hundred feet [121.92 meters] thereof.

9. Borrow money to defray the expenses of the year, subject to the limitations contained

in title 21, in anticipation of taxes already levied, and issue therefor the warrants or

other obligations of the district.

10. Connect any park or parks owned or controlled by it with any other park or parks, and

for that purpose, it may select and take charge of any connecting street or streets or

parts thereof; and the board shall have the sole and exclusive charge and control of

any street or streets taken for such purpose.

11. Plant, set out, maintain, protect, and care for shade trees in any of the public streets or

highways of the park district. The board may specify and regulate the kinds of trees

that shall be planted in any such street or highway, the size and location of such trees,

and the methods to be used in the planting and cultivation thereof and may pass such

ordinances as may be necessary for the protection and control of such trees.

12. Plat and lay out such portions of park property as are not needed for the

accommodation of the general public, and lease and demise lots or portions thereof for

residential or concession purposes. The board may prescribe by ordinances the use

that may be made of such leaseholds and the character of structures that may be

placed thereon and may regulate generally the use and enjoyment thereof by the

lessees or their successors.

13. Levy taxes upon all the property within the district, within the general fund levy

authority of section 57-15-12, for the purpose of funding a comprehensive health care

program for district employees.

14. Participate in cooperative purchasing contracts with the office of management and

budget pursuant to chapter 54-44.4, participate in cooperative purchasing contracts

with another state, and contract for cooperative purchases pursuant to a joint powers

agreement under chapter 54-40.3.
N.D. Cent. Code § 40-01-05 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-05
40-01-05. Ordinances and resolutions remain in force - Legal identity not changed
Status: repealed

40-01-05. Ordinances and resolutions remain in force - Legal identity not changed

A change in the form of organization of a municipality shall not change its legal identity as a

municipal corporation. All ordinances and resolutions in force therein at the date of such change

shall continue in full force and effect until repealed or amended.
N.D. Cent. Code § 40-01-03 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-03
40-01-03. Judicial notice of existence and change of organization to be taken by courts
Status: in_force

40-01-03. Judicial notice of existence and change of organization to be taken by

courts.

Courts shall take judicial notice of the existence of a municipality by the name and style

designated at the time of its incorporation, and of the change of the form of the organization of

any municipality from its original form to any other type of organization provided by this title.
N.D. Cent. Code § 40-24-22 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-22
40-24-22. Payment and cancellation of warrants by city auditor
Status: in_force

40-24-22. Payment and cancellation of warrants by city auditor

The city auditor shall pay special improvement warrants and the interest coupons

appurtenant thereto as they mature and are presented for payment out of the district funds on

which they are drawn respectively and shall cancel the warrants when paid, except that

definitive improvement warrants, when refunded pursuant to the provisions of sections 40-27-06

to 40-27-12, shall not be canceled but shall be retained by the municipality, in trust for the

holders of the refunding improvement warrants or bonds issued thereunder, as therein provided.

Definitive warrants shall be issued in lieu of temporary warrants at or before the time when any

such warrants are to be so refunded.
N.D. Cent. Code § 40-58-02 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-02
40-58-02. Findings and declarations of necessity
Status: in_force

40-58-02. Findings and declarations of necessity

1. It is hereby found and declared that there exist in municipalities of the state slum and

blighted areas which constitute a serious and growing menace, injurious to the public

health, safety, morals, and welfare of the residents of the state; that the existence of

these areas contributes substantially and increasingly to the spread of disease and

crime, constitutes an economic and social liability, substantially impairs or arrests the

sound growth of municipalities, retards the provision of housing accommodations,

aggravates traffic problems, and substantially impairs or arrests the elimination of

traffic hazards and the improvement of traffic facilities; and that the prevention and

elimination of slums and blight is a matter of state policy and state concern in order

that the state and its municipalities do not continue to be endangered by areas which

are focal centers of disease, promote juvenile delinquency, and, while contributing little

to the tax income of the state and its municipalities, consume an excessive proportion

of its revenues because of the extra services required for police, fire, accident,

hospitalization, and other forms of public protection, services, and facilities. It is further

found and declared that certain slum or blighted areas, or portions thereof, may

require acquisition, clearance, and disposition subject to use restrictions, as provided

in this chapter, since the prevailing condition of decay may make impracticable the

reclamation of the area by conservation or rehabilitation; that other areas or portions

thereof may, through the means provided in this chapter, be susceptible of

conservation or rehabilitation in such a manner that the conditions and evils described

in this section may be eliminated, remedied, or prevented; and that to the extent

feasible salvable slum and blighted areas should be conserved and rehabilitated

through voluntary action and the regulatory process.

2. It is further found and declared that there exist in municipalities of the state conditions

of unemployment, underemployment, and joblessness detrimental to the economic

growth of the state economy; that it is appropriate to implement economic

development programs both desirable and necessary to eliminate the causes of

unemployment, underemployment, and joblessness for the benefit of the state

economy; and that tax increment financing is an economic development program

designed to facilitate projects that create economic growth and development.
N.D. Cent. Code § 40-03.2-03 — ND Code / Title 40 / Chapter 40-03.2 / Section 40-03.2-03
40-03.2-03. Procedure when petition to change from council system of government is filed - Special election - Ballot
Status: in_force

40-03.2-03. Procedure when petition to change from council system of government is

filed - Special election - Ballot.

When a petition to change from the council system of government, together with the city

auditor's certificate of sufficiency, is filed with the governing body of a municipality, the governing

body shall call a special election at which only the question of changing from the council system

of government will be submitted. The date of such election may not be less than thirty days nor

more than ninety days after the date the auditor's certificate has been filed. The election must

be conducted, returns thereof made, and the result thereof declared in all respects as are other

city elections. Notice of such election must be given by the publication of the proposition to be

voted upon, the places where the election will be held, and the date of the election, in each

newspaper published in the city, not more than twenty days and not less than five days before

the date of such election. The ballots to be used at the election provided for in this section must

be in substantially the following form:

Shall the city of __________________ change from its organization under the council

system of government and become a city under the modern council form of government

with a five-member (or seven-member, nine-member, or eleven-member) council?

Yes ☐

No ☐
N.D. Cent. Code § 40-05-10 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-10
40-05-10. Municipalities to have powers of townships
Status: in_force

40-05-10. Municipalities to have powers of townships

In addition to the powers conferred by this title, each incorporated municipality shall have

and shall exercise, within its limits and in the manner prescribed by law, the same powers as are

conferred upon townships by the laws of this state.
N.D. Cent. Code § 40-33.2-02 — ND Code / Title 40 / Chapter 40-33.2 / Section 40-33.2-02
40-33.2-02. Definitions
Status: in_force

40-33.2-02. Definitions

In this chapter unless the context or subject matter otherwise requires:

1. "Agency agreement" means a written agreement between two or more cities

establishing a municipal power agency.

2. "City" means a city organized under the laws of this state and authorized to engage in

the local distribution and sale of electric energy, either individually or as a member of a

municipal power agency.

3. "City council" means the city council or the board of city commissioners, as the case

may be, of the city concerned or affected.

4. "Distribution" means the conveyance of electric energy to retail consumers from a

transmission system or from a generation facility situated within or in the immediate

vicinity of a city.

5. "Generation" means the production of electricity by any means and the acquisition of

fuel of any kind for that purpose, and includes the acquisition of fuel deposits and the

acquisition or construction and operation of facilities for extracting fuel from natural

deposits, for converting it for use in another form, for burning it in place, and for

transportation and storage.

6. "Governing body", with respect to a city, means the city council or, if another board,

commission, or body is empowered by law or its charter or by resolution of the city

council to establish and regulate rates and charges for the distribution of electric

energy within the city, the board, commission, or body shall be deemed to be the

"governing body". When the levy of a tax or the incurring of an obligation payable from

taxes or any other action of the board, commission, or body requires the concurrence,

approval, or independent action of the city council or another body under the city's

charter or any other law, the action shall not be taken until concurrence or approval is

received or independent action is taken and, if required under the city's charter or any

other law, approved by not less than sixty percent of the qualified electors voting on

the question at any regular or special election. The concurrence of the city council or

other elected body charged with the general management of a city shall be required,

prior to the adoption by the city of any resolution approving an agency agreement.

7. "Municipal power agency" means a separate political subdivision and municipal

corporation created by agreement between two or more 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 cities, pursuant to section 40-33.2-03 to exercise any

of the powers of acquisition, construction, reconstruction, operation, repair, extension,

or improvement of electric generation or transmission facilities or the acquisition of any

interest therein or any right to part or all of the capacity thereof.

8. "Person" means an individual, public agency, or a private corporation, limited liability

company, firm, partnership, cooperative association, or business trust of any nature

whatsoever, organized and existing under the laws of any state or the United States or

under the laws of the Dominion of Canada or any province or political subdivision

thereof.

9. "Project" means any plant, works, system, facilities, and property of any nature

whatsoever, together with all parts thereof and appurtenances thereto, used or useful

in the generation, production, transmission, purchase, sale, exchange, or interchange

of electric energy or any interest therein or capacity thereof.

10. "Public agency" means any city or other municipal corporation, political subdivision,

governmental unit, or public corporation created by or pursuant to the laws of this state

or of another state or of the United States or any municipal corporation, political

subdivision, governmental unit, or public corporation created by or pursuant to the

laws of the Dominion of Canada or any province thereof, or other body declared by the

laws of any state or the United States or the Dominion of Canada, or any province

thereof to be a department, agency, or instrumentality thereof.

11. "Real property" means lands, structures, franchises, and interests in land, including

lands under water, riparian rights, fees simple absolute, lesser interests such as

easements, rights of way, uses, leases, licenses, and all other incorporeal

hereditaments, legal and equitable estates, interests, and rights, terms of years, liens

on real property by way of judgments, mortgages, or otherwise, and claims for

damages to real property.

12. "Transmission" means the transfer of electric energy from a generating facility to or

between one or more cities or municipal power agencies or other persons with whom

they may contract, and includes conversion of current and voltage and transfer of

energy from another source in exchange for energy supplied by such contracting

parties, but does not include distribution.
N.D. Cent. Code § 40-05.1-07.1 — ND Code / Title 40 / Chapter 40-05.1 / Section 40-05.1-07.1
40-05.1-07.1. Conformance with statute or court order - Amendment
Status: in_force

40-05.1-07.1. Conformance with statute or court order - Amendment

1. When a portion of a home rule charter is preempted, superseded, or invalidated by a

legislative act or a court order, the city may amend portions of the home rule charter by

a resolution adopted by the governing body of the city. The resolution must reference

the authority supporting the amendment.

2. A resolution passed under subsection 1 is effective after adoption by the governing

body of the city. A petition, approval, or vote by the electors of the city is not required to

amend a city's home rule charter under this section. Within thirty days after adoption of

the resolution, the city shall publish the resolution once in the official newspaper of the

city or on the website of the city.

3. An amendment to a charter of a home rule city intended to add any power enumerated

in section 40-05.1-06, which was not included in the city's original home rule charter,

may not be amended under this section and must be amended under section
N.D. Cent. Code § 40-04.1-07 — ND Code / Title 40 / Chapter 40-04.1 / Section 40-04.1-07
40-04.1-07. Council - Duties and powers
Status: in_force

40-04.1-07. Council - Duties and powers

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

that the laws and ordinances are faithfully executed.
N.D. Cent. Code § 40-45-19 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-19
40-45-19. Re-examination of retired member physically or mentally disabled - Notice - Witnesses
Status: in_force

40-45-19. Re-examination of retired member physically or mentally disabled - Notice -

Witnesses.

The board of trustees, at any time, may cause any member of the department retired by

reason of physical or mental disability to be brought before it and again examined by three

competent physicians appointed by the board to discover whether such disability continues,

whether it can be improved, and whether such retired member should be continued on the

pension roll, and the board may examine witnesses for such purposes. The question of

continued disability or ability to perform regular or light duty in the police department shall be

determined by the concurring report of at least two of the three examining physicians. Such

member shall have reasonable notice that the examination will be made and that the member

shall be present at the time of the taking of any testimony. The member may examine the

witnesses brought before the board and introduce evidence in the member's own behalf. All

witnesses shall be examined under oath, which may be administered by any member of the

board.
N.D. Cent. Code § 40-44-13 — ND Code / Title 40 / Chapter 40-44 / Section 40-44-13
40-44-13. Penalty for violation of chapter
Status: in_force

40-44-13. Penalty for violation of chapter

Any willful violation of the provisions of this chapter, or any violation of such provisions

through culpable negligence, shall be grounds for removal from office of a city official or for

summary discharge of a city employee.
N.D. Cent. Code § 40-45-20 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-20
40-45-20. Decision on re-examination is final - Exception
Status: in_force

40-45-20. Decision on re-examination is final - Exception

The decision of the board of trustees upon the re-examination provided for in section

40-45-19 shall be final and conclusive in the absence of fraud, and no appeal shall be allowed

therefrom. The disabled member shall remain upon the pension roll unless and until reinstated

in the department by reason of the re-examination.
N.D. Cent. Code § 40-48-20 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-20
40-48-20. Regulations governing subdivision of land - Contents - Hearing - Publication - Filing regulations
Status: in_force

40-48-20. Regulations governing subdivision of land - Contents - Hearing -

Publication - Filing regulations.

Before exercising the powers referred to in this chapter, the planning commission shall

adopt general regulations governing the subdivision of land within its jurisdiction to provide:

1. For the proper arrangement of streets in relation to other existing and planned streets

and to the master plan; and

2. For adequate and convenient open spaces for traffic, utilities, access of firefighting

apparatus, recreation, light, and air, for the avoidance of congestion of population, and

for easements for building setback lines or for public utility lines.

Such regulations may include requirements as to the minimum width and area of building lots,

the extent to which streets and other public ways shall be graded and improved, and to which

water and sewer and other utility mains or other facilities shall be installed as a condition

precedent to the approval of the plat. Before the adoption of such regulations, a public hearing

shall be held thereon. All such regulations shall be published as provided by law, and a copy

thereof shall be certified by the governing body of the municipality and filed for record by the

commission with the recorders of the counties in which the commission and territory are located.
N.D. Cent. Code § 40-12-04 — ND Code / Title 40 / Chapter 40-12 / Section 40-12-04
40-12-04. Signatures to petition - Requirements - Oath - Withdrawal
Status: in_force

40-12-04. Signatures to petition - Requirements - Oath - Withdrawal

The signatures to a petition to initiate or refer an ordinance need not all be appended to one

paper. One of the signers of each paper shall make an oath before an officer competent to

administer oaths that the person believes the statements in the paper to be true and that each

signature to the paper is the genuine signature of the person whose name it purports to be. Any

petitioner may withdraw that petitioner's name from a petition within five days after the date of

the filing of the petition with the city auditor.
N.D. Cent. Code § 40-02-09 — ND Code / Title 40 / Chapter 40-02 / Section 40-02-09
40-02-09. Form of ballot
Status: in_force

40-02-09. Form of ballot

The ballots to be used at an election to pass upon the question of the organization of a

municipality under the provisions of this chapter shall be in substantially the following form:

Shall ______________ (city under the council form of government, or city under the

commission system of government, as the case may be) be organized out of the following

described territory __________________________ (describe territory involved)?

Yes ☐

No ☐
N.D. Cent. Code § 40-38-05 — ND Code / Title 40 / Chapter 40-38 / Section 40-38-05
40-38-05. Board of directors may purchase, build, or lease building for library - Library building fund - Public hearing required
Status: in_force

40-38-05. Board of directors may purchase, build, or lease building for library -

Library building fund - Public hearing required.

The board of directors, with the approval of the city or county governing body, may build,

lease, lease-purchase, or purchase an appropriate building for a library and purchase a site

therefor. Such lease, purchase, or contract shall not be valid without the approval of the

governing body of the city or county. Prior to any actions on such proposals, the governing body

shall hold a public hearing on the proposals. Notice of the hearing shall be published at least

once, not less than six days prior to the hearing, in a newspaper of general circulation within the

city or county. The governing body shall seek the advice and comment of the state library and

the general public at the hearing. After such hearing, the governing body of a city or county may

establish by resolution a library building fund for the purpose of construction, enlargement, or

alteration of a building or for the purchase of an existing building to be used as a public library.

The city auditor or county treasurer shall place in the library building fund all moneys for such

purposes as may be appropriated by the governing body or received for such purposes from

federal, state, county, city, or private sources. The library building fund shall not revert to the

library general fund or the general fund of the city or county without authorization by formal

resolution from both the library's board of directors and the governing body of the city or county.
N.D. Cent. Code § 40-33.1-01 — ND Code / Title 40 / Chapter 40-33.1 / Section 40-33.1-01
40-33.1-01. Definitions
Status: in_force

40-33.1-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Authority" means any corporation created under the authority of this chapter.

2. "Board" means the members of the authority.

3. "City" means any city with a municipal steam heating authority.

4. "Project" means any area or place operated or to be operated by an authority for the

making or producing of steam, and includes, without being limited to, all real and

personal property, boilers, furnaces, storage vessels, meters, mechanical equipment,

and all appurtenances and facilities either on, above, or under the ground which are

used in connection with the making or transporting of steam.

5. "Projects" means more than one project.

6. "Property owner" means either a real estate owner or the beneficial owner of a

leasehold on a building constructed on railroad property.

7. "Real property" means lands, structures, franchises, and interest in lands, and any and

all things usually included within the said term, and includes not only fees simple

absolute but also any and all lesser interests, such as easements, rights of way, uses,

leases, licenses, and all other incorporeal hereditaments and every estate, interest, or

right, legal or equitable, including terms of years.
N.D. Cent. Code § 40-57.1-08 — ND Code / Title 40 / Chapter 40-57.1 / Section 40-57.1-08
40-57.1-08. Large industrial projects - Exclusion from provisions of chapter
Status: repealed

40-57.1-08. Large industrial projects - Exclusion from provisions of chapter

Repealed by S.L. 1994, ch. 784, § 7.
N.D. Cent. Code § 40-33.2-08 — ND Code / Title 40 / Chapter 40-33.2 / Section 40-33.2-08
40-33.2-08. City powers
Status: in_force

40-33.2-08. City powers

1. A city may by resolution of its governing body exercise any of the powers granted in

this chapter to a municipal power agency, upon fulfillment of the conditions provided in

this chapter for the exercise of the power, but without complying with the terms of

section 40-33.2-03 relating to incorporation, and notwithstanding any provision of any

city charter or any other law denying, limiting, or placing conditions upon the exercise

of the power. Nothing in this section shall be construed to repeal any charter provision

or law requiring an election or other condition precedent to the establishment after

January 1, 1977, of a city electric energy distribution system.

2. Every resolution adopted in accordance with subsection 1 shall be published in the

official newspaper of the city. No action may be brought and no defense may be

interposed in an action brought more than thirty days after publication of the resolution,

placing at issue the validity of any provision of the resolution or the power of the city to

make any contract or to issue any bond, note, or other obligation authorized thereby.

3. Nothing in this chapter authorizes any city to issue general obligation bonds for any

purposes specified in this chapter without approval of its electors or performance of

other procedural conditions as may be required by its charter or the laws of this state.

Notwithstanding any limitation contained in section 40-05-05, a city may, by resolution

of its governing body and without approval of the electors or performance of other

conditions provided in any charter or other law, enter into contracts with a municipal

power agency or any other person for the purchase, sale, exchange, or transmission

of electric energy and other services, on the terms and for the period of time as the

resolution may provide. A city may appropriate and use tax and other revenues

received to make payments due or to comply with covenants to be performed under

any contract made by the city pursuant to this section or when acting as a municipal

power agency, or any contract made by the city with a municipal power agency, as

contemplated by this chapter, subject to the provisions of its charter and the laws of

this state regarding budget and payment procedures and annual tax levy limitations.

4. Any contract made by a city pursuant to this section or when acting as a municipal

power agency, or any contract made by a city with a municipal power agency, as

contemplated by this chapter, may provide for the purchase of all or a portion of the

capacity or output of one or more designated projects and may provide that the city

contracting shall be obligated to make the payments required by the contract whether

or not a project is completed, operable, or operating, and notwithstanding the

suspension, interruption, interference, reduction, or curtailment of the output of a

project or the power and energy contracted for. The contract may also provide that

payments under the contract shall not be subject to any reduction, whether by offset or

otherwise. The contract need not be conditioned upon the performance or

nonperformance by any other party to the contract, or to any similar contract for the

same project, under the contract or under any other instrument. The contract may also

provide, in the event of default by any party to the contract or to any similar contract for

the same project in the performance of its obligations thereunder, for other parties to

the contract or any similar contract for the project to succeed to the rights and interests

and assume the obligations of the defaulting party, pro rata or otherwise, as may be

agreed upon in the contract.

5. Any contract made by a city pursuant to this section or when acting as a municipal

power agency, or any contract made by a city with a municipal power agency, as

contemplated by this chapter, may provide that payments by a city under the contract

shall be made solely from, and shall be secured by a pledge of and lien upon, the

revenues derived by the city from the ownership and operation of the electric system

of the city, and that payments shall be made as an operating expense of the electric

system. The contract may provide that no obligation under the contract shall constitute

a legal or equitable pledge, charge, lien, or encumbrance upon any property of the city

or upon any of its income, receipts, or revenues, except the revenues of its electric

system, and that neither the faith and credit nor the taxing power of the city are, or

shall be, pledged for the payment of any obligation under the contract. The contract

may provide that the city shall be obligated to fix, charge, and collect rents, rates, fees,

and charges for the commodities or services sold, furnished, or supplied through its

electric system sufficient to provide revenues adequate to meet its obligations under

the contract and to pay any and all other amounts payable from or constituting a

charge and lien upon revenues, including amounts sufficient to pay the principal of and

interest on bonds of the city heretofore or hereafter issued for purposes related to its

electric system. The municipal power agency may, either at law or in equity, by suit,

action, mandamus, or other proceedings, enforce and compel the performance of any

or all covenants or obligations of the city under the contract to be performed by the city

or any officer thereof, including the fixing, charging, and collecting of rents, rates, fees,

and other charges. Any pledge of revenues made by a city pursuant to this subsection

shall be valid and binding from the date the pledge is made. The revenues pledged

shall immediately be subject to the lien of the pledge without physical delivery or

further act, and the lien of the pledge shall be valid and binding as against all parties

having claims of any kind in tort, contract, or otherwise against the city without regard

to whether the parties have notice. Neither the contract, pledge agreement, or trust

agreement by which a pledge is created nor any financing statement, continuation

statement, or other instrument relating thereto need be filed or recorded in any

manner.
N.D. Cent. Code § 40-38.1-06 — ND Code / Title 40 / Chapter 40-38.1 / Section 40-38.1-06
40-38.1-06. Vouchers - How drawn
Status: in_force

40-38.1-06. Vouchers - How drawn

The secretary of the council may draw money from the municipal arts fund upon vouchers

of the board of directors without any other audit. However, no vouchers may be drawn payable

to the fund created under section 40-38.1-05.
N.D. Cent. Code § 40-18.1-21 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-21
40-18.1-21. Municipal judge may enforce orders and judgments and punish for contempt
Status: in_force

40-18.1-21. Municipal judge may enforce orders and judgments and punish for

contempt.

A municipal judge may enforce compliance with the court's orders and judgments. The

judge may fine or imprison for contempt committed in the judge's presence while holding court,

as well as for contempt of process issued, and of orders and judgments made by the judge. If

an act or omission constituting a contempt in a municipal court is not committed in the presence

of the municipal judge, an affidavit alleging the facts may be filed and a warrant of arrest may be

issued on which the individual accused may be arrested and brought before the municipal judge

immediately. The individual must be given a reasonable opportunity to employ counsel and

defend against the alleged contempt. After hearing the allegations and proof, the municipal

judge may discharge the individual or adjudge the individual guilty and may punish by fine,

imprisonment, or both. The fine in any case may not exceed one thousand five hundred dollars

and the imprisonment may not exceed thirty days.
N.D. Cent. Code § 40-42-05 — ND Code / Title 40 / Chapter 40-42 / Section 40-42-05
40-42-05. Nonliability of municipality for damages caused by snow and ice on sidewalks - Exception - Actual knowledge required
Status: in_force

40-42-05. Nonliability of municipality for damages caused by snow and ice on

sidewalks - Exception - Actual knowledge required.

All municipalities in this state shall be exempt from all liability to any person for damages for

injuries suffered or sustained by reason of the accumulation of snow and ice upon the sidewalks

within the municipality unless actual knowledge of the defective, unsafe, or dangerous condition

of the sidewalk or crosswalk shall have been possessed by the executive officer, governing

body, police officer, or marshal of the municipality at least forty-eight hours previous to the

damage or injury. Actual knowledge shall not be presumed from the fact of the existence of the

condition, but it shall be proved as an independent fact. No municipality in this state shall be

liable in damages for any injury occasioned through the mere slippery condition of the sidewalk

or crosswalk due to the presence of frost or loose snow thereon.
N.D. Cent. Code § 40-62-04 — ND Code / Title 40 / Chapter 40-62 / Section 40-62-04
40-62-04. Jurisdiction to improve and regulate
Status: in_force

40-62-04. Jurisdiction to improve and regulate

Upon hearing of any protests made by the owners of property within the improvement

district in the time and in the manner provided by law, if the governing body shall determine the

protests to be insufficient, it may proceed with the improvement as in the case of other special

improvements; provided, that before so proceeding a certified transcript of the resolution of

necessity must be recorded in the office of the recorder, and any person aggrieved thereby may

appeal to the district court of the county in accordance with the procedure provided in section

28-34-01, but only on the ground that the establishment of the mall or construction of the

skyway in accordance with the resolution will unreasonably and arbitrarily obstruct the public

use of and interest in the designated street or streets, or that such resolution has been adopted

in a manner contrary to law. Notwithstanding the establishment of a mall or skyway, or the

improvement of any street or any portion thereof as a part of such mall or skyway, or any

limitation of the use thereof by vehicles, the city and the governing body shall retain at all times

their police powers and other powers and rights pertaining thereto, and no such action shall

constitute a vacation, in whole or in part, of any portion of a city street.
N.D. Cent. Code § 40-48-03 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-03
40-48-03. Planning commission - Creation - Members - Ex officio members
Status: in_force

40-48-03. Planning commission - Creation - Members - Ex officio members

The governing body of any city may create, by ordinance, a planning commission to consist

of not more than ten members to be appointed by the executive officer of the city with the

approval of its governing body. In addition to the members appointed by the city, the planning

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 subdivision authority is to be exercised and shall reside within the territorial

limits of the subdivision regulation authority exercised by the city, if such persons are available

and will serve on the planning 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. The executive officer, the engineer, and the attorney of the city

shall be ex officio members of the commission.
N.D. Cent. Code § 40-35-08 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-08
40-35-08. Provisions governing revenue bonds
Status: in_force

40-35-08. Provisions governing revenue bonds

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

or ordinances or resolutions adopted subsequent to the adoption of the original resolution or

ordinance, shall prescribe:

1. The rate or rates of interest, payable semiannually.

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

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

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

bonds shall mature.

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

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

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

if any, shall be.

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

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

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

11. The form, either coupon or registered, in which such bonds shall be issued.
N.D. Cent. Code § 40-01-16 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-16
40-01-16. Duty of auditor relating to assessments in municipality located in more than one county
Status: in_force

40-01-16. Duty of auditor relating to assessments in municipality located in more than

one county.

The auditor of a municipality embracing territory in more than one county shall transmit the

appropriate assessment books, with a certified copy of the minutes showing the proceedings of

the board of equalization, to the county auditor of each county in which the municipality is

situated. The auditor shall apportion correctly the amount of any tax levy to be certified to each

county in accordance with the valuations as determined finally by the equalization board.
N.D. Cent. Code § 40-46-28 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-28
40-46-28. Pension cost of living decrease
Status: in_force

40-46-28. Pension cost of living decrease

The pensions provided in this chapter may be decreased by the city employee's pension

board if the cost of living goes down.
N.D. Cent. Code § 40-18.1-10 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-10
40-18.1-10. Change of venue - Reliable electronic means
Status: in_force

40-18.1-10. Change of venue - Reliable electronic means

1. A municipal judge shall consider the following factors when determining whether to

change the venue of a proceeding under this chapter:

a. Convenience to the parties and witnesses.

b. Judicial efficiency.

c. Available facilities.

d. Administration of justice.

2. A municipal judge may not change the venue of a proceeding if a party to the

proceeding objects to the change.

3. A municipal judge may use contemporaneous audio or audiovisual transmission by

reliable electronic means in accordance with rule 52 of the North Dakota Supreme

Court Administrative Rules. A municipal judge who presides over a proceeding through

contemporaneous audio or audiovisual transmission by reliable electronic means is

equivalent to a municipal judge who is physically present at the proceeding.
N.D. Cent. Code § 40-51.2-12 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-12
40-51.2-12. Administrative law judge - Hearing
Status: in_force

40-51.2-12. Administrative law judge - Hearing

At the time of the hearing, the administrative law judge shall hear all evidence with respect

to the annexation and shall consider all studies, surveys, maps, data, reports, and other material

prepared by any state or local governmental subdivision or planning or zoning commission. At

the hearing, the governor's appointee who mediated the meetings under section 40-51.2-07.1

shall provide information to the administrative law judge on the proposed annexation and any

proposed resolutions or recommendations made by a majority of the representatives of the

interested parties. Any resident of or person owning property or having any interest in the area

proposed to be annexed and any elector of the annexing city, or a representative of any such

person, may appear at the hearing and present evidence upon any matter to be determined by

the administrative law judge. All proceedings at the hearing must be recorded but need not be

transcribed unless proceedings for judicial review are initiated as provided in section

40-51.2-15.
N.D. Cent. Code § 40-57.2-02 — ND Code / Title 40 / Chapter 40-57.2 / Section 40-57.2-02
40-57.2-02. Content of surveys
Status: in_force

40-57.2-02. Content of surveys

The surveys permitted by this chapter shall consist of a detailed plan which may include,

among such items required by the city or county, the following:

1. An evaluation of proposed sites, the various methods of utilization, and the suitability

of the sites for industrial development for specific types of industry.

2. An evaluation of consumer demand for the various types of products that could be

processed, assembled, fabricated, or manufactured by an industry or the different

types of industry that could utilize the site, and the benefits to the city to be realized

from each in terms of economic growth.

3. The available labor supply, skilled and unskilled, and what effect various types of

industries would have on the supply.

4. Any other matters relating to planning, designing, and costs pertaining to plant

buildings and plant equipment for specific plant location sites.
N.D. Cent. Code § 40-08-21 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-21
40-08-21. Release of prisoners by mayor - Report to council
Status: repealed

40-08-21. Release of prisoners by mayor - Report to council

Repealed by S.L. 1987, ch. 375, § 16.
N.D. Cent. Code § 40-08-16 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-16
40-08-16. Vacancy in office of mayor - Filled by election or by council - President of council to be acting mayor
Status: in_force

40-08-16. Vacancy in office of mayor - Filled by election or by council - President of

council to be acting mayor.

If a vacancy occurs in the office of mayor, the city council may call a special city election to

fill such vacancy for the unexpired term or may, after fifteen days from the date of such vacancy,

elect one of its members to act as mayor. The member so elected shall possess all the rights

and powers of the mayor until the next election and until a mayor is elected and qualified. Upon

petition of five percent of the qualified electors, as determined by the total number of votes cast

in the city in the last city general election, the council shall call a special election to fill a vacancy

occurring more than six months prior to the next city election, provided such petition is

submitted within fifteen days of the date of such vacancy. During the interim between the date

when a vacancy occurs in the office of mayor and election and qualification of a successor, the

president of the city council shall be the acting mayor.
N.D. Cent. Code § 40-33.2-06 — ND Code / Title 40 / Chapter 40-33.2 / Section 40-33.2-06
40-33.2-06. Eminent domain
Status: in_force

40-33.2-06. Eminent domain

Except as otherwise provided by this section, a municipal power agency may acquire all

property that it deems necessary for carrying out the purposes of this chapter, whether in fee

simple absolute or a lesser interest, by condemnation and the exercise of the power of eminent

domain in accordance with chapter 32-15. A municipal power agency shall have no power of

eminent domain with respect to any property owned by any person as part of a system, whether

existing, under construction, or being planned, of facilities for the generation, transmission, or

distribution of electric power.
N.D. Cent. Code § 40-40-09 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-09
40-40-09. Determination of amount to be levied - Adoption of levy - Limitations
Status: in_force

40-40-09. Determination of amount to be levied - Adoption of levy - Limitations

After completing the final budget on or before October seventh, the governing body shall

proceed to make the annual tax levy in an amount sufficient to meet the expenses for the

ensuing year as determined at the budget meeting. In determining the amount required to be

levied, the governing body first shall ascertain its net current resources by adding the estimated

revenue for the ensuing year other than property taxes, any transfers in, and the estimated fund

balance at the end of the current year. Then the governing body shall ascertain its appropriation

and reserve by adding the final appropriation for the ensuing year, any transfers out, and the

cash reserve. The net current resources must be deducted from the appropriation and reserve

and the balance shall be considered the amount that is required to be raised by taxation during

the ensuing year. The determination of the amount of the levy that can be collected within the

ensuing year must be made by the governing body based upon the past experience of the

district. The levy as finally adopted must be approved by a majority vote of the members of the

governing body and noted in the proceedings of the governing body. The amount levied is

subject to the limitations as prescribed by the laws of this state and is subject to the further

limitation that the amount may not exceed the levy requested by the municipality. The levy

adopted must appropriate in specific amounts the money necessary to meet the expenses and

liabilities of the municipality.
N.D. Cent. Code § 40-34-01.1 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-01.1
40-34-01.1. Municipalities to maintain sanitary conditions on certain roads - Exception
Status: in_force

40-34-01.1. Municipalities to maintain sanitary conditions on certain roads -

Exception.

It shall be the duty of any incorporated city to maintain in a sanitary condition the road or

highway leading to the grounds maintained by said municipality for the disposal of garbage

collected in said municipality. Such road shall be kept free from refuse or garbage resulting from

the transportation of the same by the municipality maintaining said grounds. Nothing in this

section shall be construed to limit the right of a municipality to provide penalties applying to any

persons found guilty of depositing refuse or garbage on said road or roads leading to such

grounds maintained by the municipality for the disposal of refuse and garbage.
N.D. Cent. Code § 40-23-03 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-03
40-23-03. Removal of commissioners - Filling vacancies
Status: in_force

40-23-03. Removal of commissioners - Filling vacancies

Any member of the commission may be removed by the executive officer, with the consent

of a majority of the members of the governing body, for neglect or refusal to perform the duties

of the office or for misconduct in office. A vacancy occurring in the commission by removal,

resignation, or death shall be filled by appointment by the executive officer as soon as

practicable after the vacancy occurs.
N.D. Cent. Code § 40-13-01 — ND Code / Title 40 / Chapter 40-13 / Section 40-13-01
40-13-01. Qualifications of elective and appointive officers
Status: in_force

40-13-01. Qualifications of elective and appointive officers

A person is not eligible to hold an elective municipal office unless that person is a qualified

elector of the municipality and has been a resident of the municipality for at least nine months

preceding the election. A person is not eligible to hold an appointive office unless that person is

a citizen of the United States. A person in default to the municipality is not eligible to any office.
N.D. Cent. Code § 40-48-09 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-09
40-48-09. Surveys and studies made before making plan - Purpose of plan
Status: in_force

40-48-09. Surveys and studies made before making plan - Purpose of plan

In the preparation of the master plan, the planning commission shall make careful and

comprehensive surveys and studies of present conditions and future growth of the municipality

with due regard to its relation to neighboring territory. The plan shall be made with the general

purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of

the municipality and its environs, which, in accordance with present and future needs, best will

promote the amenities of life, health, safety, morals, order, convenience, prosperity, and general

welfare as well as efficiency and economy in the process of development, including adequate

provision for light and air, distribution of population, good civic design and arrangement, wise

and efficient expenditure of public funds, the adequate provision of public utilities and other

public requirements, the improvement and control of architecture, and the general

embellishment of the area under its jurisdiction.
N.D. Cent. Code § 40-33.1-13 — ND Code / Title 40 / Chapter 40-33.1 / Section 40-33.1-13
40-33.1-13. Tax contract by the state
Status: in_force

40-33.1-13. Tax contract by the state

The state of North Dakota covenants with the purchasers and with all subsequent holders

and transferees of notes issued by an authority pursuant to this chapter, in consideration of the

acceptance of and payment for the notes, that the notes of an authority issued pursuant to this

chapter and the income therefrom, and all moneys, funds, and revenues pledged to pay or

secure the payment of such notes shall at all times be free from taxation except for estate taxes

and taxes on transfers by or in contemplation of death.
N.D. Cent. Code § 40-02-03 — ND Code / Title 40 / Chapter 40-02 / Section 40-02-03
40-02-03. Survey required
Status: in_force

40-02-03. Survey required

The persons intending to make application for the incorporation of a municipality as

provided in this chapter shall cause to be made an accurate survey and map of the territory

intended to be embraced within the limits thereof. The survey shall be made by a practical

surveyor and shall show the courses and distances of the boundaries and the quantity of land

contained therein. The accuracy of such survey and map shall be verified by the affidavit of the

surveyor written thereon or annexed thereto.
N.D. Cent. Code § 40-25-10 — ND Code / Title 40 / Chapter 40-25 / Section 40-25-10
40-25-10. Tax deed to municipality holding tax sale certificate for general taxes
Status: repealed

40-25-10. Tax deed to municipality holding tax sale certificate for general taxes

Repealed by S.L. 1999, ch. 503, § 47.
N.D. Cent. Code § 40-38-08 — ND Code / Title 40 / Chapter 40-38 / Section 40-38-08
40-38-08. Donations - How accepted - Board of directors as trustee
Status: in_force

40-38-08. Donations - How accepted - Board of directors as trustee

All persons desirous of making donations of money, books, personal property, or real estate

for the benefit of the library may vest the same in the board of directors. The board shall hold

and control all property accepted for the use of the library and reading room as a special

trustee.
N.D. Cent. Code § 40-13-13 — ND Code / Title 40 / Chapter 40-13 / Section 40-13-13
40-13-13. Nepotism by city officials restricted
Status: in_force

40-13-13. Nepotism by city officials restricted

The head of an executive or administrative department of a city may not appoint that

individual's spouse, son, daughter, brother, or sister to any position under the control or direction

of that individual, unless the appointment has previously been approved by the governing body

of the city.
N.D. Cent. Code § 40-34-09 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-09
40-34-09. Action maintained on failure to pay principal or interest of bonds - Court receiver - Sale of property - Redemption - Sheriff's deed
Status: in_force

40-34-09. Action maintained on failure to pay principal or interest of bonds - Court

receiver - Sale of property - Redemption - Sheriff's deed.

If a default occurs in the payment of the principal or interest of any bonds secured by a

mortgage or deed of trust on the improvement and such default continues for a period of not

less than six months, an action may be commenced in the district court of the county in which

such improvement or some part thereof is located, by the holder or holders of not less than

one-half of the outstanding past-due bonds or by the legal holder of the deed of trust, when

authorized by a like number of bondholders, for the purpose of foreclosing the mortgage or deed

of trust securing such bonds. In such action, the court may enter a decree providing for the

management and operation of such improvement by a court receiver and for the sale of the

property secured by such mortgage or trust deed and for the application of the net revenues

arising from the operation of such plant upon the secured debt during the period of redemption,

which shall be one year from and after the date of the sale thereof. If there is no redemption

from such sale within the time herein provided, a sheriff's deed shall issue to the holder of the

certificate of sale. The procedure subsequent to the entry of a foreclosure decree shall be, as

far as applicable, that provided in title 32 for the sale of real property under special execution.
N.D. Cent. Code § 40-23-17 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-17
40-23-17. Authority to levy assessments on property not originally assessed
Status: in_force

40-23-17. Authority to levy assessments on property not originally assessed

Any municipality that pays or provides for the payment of part or all of the cost of an

improvement may subsequently levy special assessments for the cost of the improvement upon

properties benefited by the improvement in the cases and in accordance with the procedure and

subject to the conditions set forth in sections 40-23-17 through 40-23-21.
N.D. Cent. Code § 40-08-02 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-02
40-08-02. Governing body is judge of election and qualifications of members
Status: in_force

40-08-02. Governing body is judge of election and qualifications of members

The city council shall be judge of the election and qualifications of its own members.
N.D. Cent. Code § 40-51.2-18 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-18
40-51.2-18. Relation of this chapter to other laws
Status: in_force

40-51.2-18. Relation of this chapter to other laws

The powers conferred and the limitations imposed by this chapter shall be in addition and

supplemental to, and not in substitution for, powers conferred by any other law.
N.D. Cent. Code § 40-51.2-09 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-09
40-51.2-09. Administrative law judge to be appointed - Hearing set
Status: in_force

40-51.2-09. Administrative law judge to be appointed - Hearing set

Upon receipt of a petition, the director of the office of administrative hearings shall appoint

an administrative law judge to hear the petition. If the annexation was initiated under section

40-51.2-07, the administrative law judge shall determine whether the annexing city has

substantially complied with all of the procedural requirements in the annexation process. If

substantial compliance has been met, or if the annexation was initiated under section

40-51.2-03, the administrative law judge shall designate a time and place at which the petition

will be heard. The time of the hearing may not be less than thirty days after receipt of the

petition.
N.D. Cent. Code § 40-12-06 — ND Code / Title 40 / Chapter 40-12 / Section 40-12-06
40-12-06. Duty of governing body after receiving petition for proposed ordinance
Status: in_force

40-12-06. Duty of governing body after receiving petition for proposed ordinance

After receiving the petition for the initiation of a proposed ordinance, the governing body of

the municipality shall:

1. Pass the ordinance without alteration within twenty days after the attachment of the

auditor's certificate to the accompanying petition;

2. Call a special election, unless a general city election is fixed within ninety days

thereafter, and submit to the vote of the qualified electors of the municipality the

initiated ordinance without alteration; or

3. If the petition is signed by not less than twenty-five percent of the qualified electors as

defined in section 40-12-02, pass the ordinance without change within twenty days

after the filing of the petition or submit the initiated ordinance at the next general

municipal election, if the election occurs not more than thirty days after the city

auditor's certificate of sufficiency is attached to the petition, and if no general municipal

election is to be held within thirty days after the city auditor's certificate of sufficiency is

attached to the petition, it shall call a special election.
N.D. Cent. Code § 40-25-04 — ND Code / Title 40 / Chapter 40-25 / Section 40-25-04
40-25-04. Owners of tax sale certificates issued prior to March 17, 1937, not affected
Status: repealed

40-25-04. Owners of tax sale certificates issued prior to March 17, 1937, not affected

Repealed by S.L. 1999, ch. 503, § 47.
N.D. Cent. Code § 40-11-01 — ND Code / Title 40 / Chapter 40-11 / Section 40-11-01
40-11-01. Enacting clause for ordinances
Status: in_force

40-11-01. Enacting clause for ordinances

The enacting clause of every ordinance adopted by a municipal corporation shall be: "Be it

ordained by the _____________ (governing body) of the city of _____________." Such

caption, however, may be omitted when the ordinances are published in book form or are

revised and digested.
N.D. Cent. Code § 40-55-08 — ND Code / Title 40 / Chapter 40-55 / Section 40-55-08
40-55-08. Election to establish recreation system - Funding
Status: in_force

40-55-08. Election to establish recreation system - Funding

1. The governing body of any city, school district, or park district to which this chapter is

applicable, may and upon receipt of a petition signed by at least ten qualified electors

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

election of the city, school district, or park district, shall submit to the qualified electors

the question of the establishment, maintenance, and conduct of a public recreation

system at the next general election or special municipal election if the question to be

placed on the ballot is filed thirty days prior to the date of the election.

2. If the electors of the city have approved a public recreation system, the governing

body of the city may provide funding for the recreation system from revenues derived

from its general fund levy authority in an amount not exceeding the revenue derived

from a levy of two and five-tenths mills per dollar of taxable valuation of property within

the city.

3. A school district or park district may provide funding from revenues derived from its

general fund levy authority for the establishment, maintenance, and conduct of a

public recreation system.
N.D. Cent. Code § 40-34-16 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-16
40-34-16. Contractual relationship between municipalities - Approval - Operating as an independent enterprise
Status: in_force

40-34-16. Contractual relationship between municipalities - Approval - Operating as

an independent enterprise.

Whenever governmental agencies or municipalities desire to act under the provisions of this

chapter, the relationship established between them shall be fixed by contract. Such contracts

may be made by governmental agencies and municipalities under the provisions of this chapter

in the manner and to the extent that natural persons may make contracts for like purposes,

subject only to the limitations provided by this chapter. Such contracts, before becoming

operative, shall be approved by a vote of the majority of the members of each of the respective

governing bodies of the municipalities or governmental agencies operating under the provisions

of this chapter. If any municipality desires to act under the provisions of this chapter without

establishing a relationship with another municipality or agency, it may proceed as a separate

and independent enterprise.
N.D. Cent. Code § 40-47-12 — ND Code / Title 40 / Chapter 40-47 / Section 40-47-12
40-47-12. Instituting action to restrain, correct, or abate violations
Status: in_force

40-47-12. Instituting action to restrain, correct, or abate violations

If any building or structure is erected, constructed, reconstructed, altered, repaired,

converted, or maintained, or if any building, structure, or land is used in violation of this chapter

or of any ordinance or other regulation made under the authority conferred by this chapter, the

proper local authorities of the city, in addition to other remedies, may institute any appropriate

action or proceeding:

1. To prevent such unlawful erection, construction, reconstruction, alteration, repair,

conversion, maintenance, or use;

2. To restrain, correct, or abate such violation;

3. To prevent the occupancy of the building, structure, or land; or

4. To prevent any illegal act, conduct, business, or use in or about such premises.
N.D. Cent. Code § 40-16-04 — ND Code / Title 40 / Chapter 40-16 / Section 40-16-04
40-16-04. Reports of city auditor
Status: in_force

40-16-04. Reports of city auditor

The city auditor of each city shall prepare and submit to the governing body of the city

reports as follows:

1. Monthly financial statement. A monthly financial statement shall be prepared showing

the revenues, expenditures, transfers, and fund balances.

2. Annual financial statement. An annual financial statement shall be prepared, on or

before March first, showing the revenues, expenditures, transfers, and fund balances

of the city for the year ended December thirty-first. This financial statement shall be

retained in the office of the city auditor as a permanent public record.
N.D. Cent. Code § 40-22-39 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-39
40-22-39. Abbreviations, letters, or figures may be used in proceedings for levy and collection of special assessments
Status: in_force

40-22-39. Abbreviations, letters, or figures may be used in proceedings for levy and

collection of special assessments.

In all proceedings for the levy and collection of special assessments, abbreviations, letters,

and figures may be used to denote additions, lots, lands, blocks, sections, townships, ranges,

and parts thereof, years, days of the month, and amounts of money.
N.D. Cent. Code § 40-34-13 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-13
40-34-13. Residue of money remaining after payment of bonds - Disposal
Status: in_force

40-34-13. Residue of money remaining after payment of bonds - Disposal

After the principal and interest on the bonds secured by a first mortgage or deed of trust on

an improvement as provided in this chapter have been fully paid, as the governing body of the

municipality or the respective governing bodies of the municipalities may direct by resolution,

the revenues of such utility and improvement set apart for the payment of such bonds may be:

1. Used for the repair, improvement, or extension of such utility or improvement;

2. Credited to the interest and sinking fund established for the retirement and payment of

the general liability bonds; or

3. Transferred to the general fund.
N.D. Cent. Code § 40-33.3-03 — ND Code / Title 40 / Chapter 40-33.3 / Section 40-33.3-03
40-33.3-03. Agreement filed with secretary of state - Certificate of incorporation
Status: in_force

40-33.3-03. Agreement filed with secretary of state - Certificate of incorporation

The 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 agreement conforms to the requirements of

section 40-33.3-02, the secretary of state shall record it and issue and record a certificate of

incorporation. The certificate shall state the name of the municipal pipeline authority and the fact

and date of incorporation. Upon the issuance of the certificate of incorporation, the authority

shall exist as a municipal corporation and a political subdivision of the state. The certificate of

incorporation is conclusive evidence of incorporation.
N.D. Cent. Code § 40-24-12 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-12
40-24-12. City auditor to insert amount of improvements in county real estate book or other forms - Regulations governing
Status: in_force

40-24-12. City auditor to insert amount of improvements in county real estate book or

other forms - Regulations governing.

The city auditor shall notify the county auditor not later than August twentieth in each year of

any special assessments which were made in the municipality in addition to those reported in

the previous year. The county auditor shall make and deliver to the city auditor on or before

September twentieth each year a copy of the real estate assessment book or other forms for the

current year covering all additions in which any special assessments have existed and where

any will appear for the current year as advised by the city auditor. The city auditor shall insert in

the proper columns under the appropriate headings the amount of each of the installments of

the assessments on the lots or subdivisions of lots or tracts of land which are to be extended

upon the tax lists of the municipality for the current year. The city auditor shall show the total

amount of special assessments certified to the county auditor for the current year. When a

division of property has been made since the original assessment, the city auditor shall make or

cause to be made, with the assistance and advice of the special assessment commission, the

proper division of the special assessments on the lots or tracts of land as the same are divided

and assessed for the general taxes as furnished by the county auditor. The city auditor shall

certify the special assessments to the county auditor by November first of each year.
N.D. Cent. Code § 40-57.4-04 — ND Code / Title 40 / Chapter 40-57.4 / Section 40-57.4-04
40-57.4-04. Tax levy for city job development authorities or industrial development organizations - Financial report
Status: in_force

40-57.4-04. Tax levy for city job development authorities or industrial development

organizations - Financial report.

The governing body of a city which has a city job development authority shall establish a

city job development authority fund and may levy a tax not exceeding the limitation in

subsection 12 of section 57-15-10. In the year for which the levy is sought, a job development

authority or industrial development organization seeking approval of a property tax levy under

this chapter must file with the city auditor, at a time and in a format prescribed by the city

auditor, a financial report for the preceding calendar year showing the ending balances of each

fund held by the job development authority or industrial development organization during that

year. The city auditor shall keep the job development authority fund separate from other money

of the city and transmit all funds received under this section within thirty days to the board of

directors of the city job development authority. The funds when paid to the city job development

authority must be deposited in a special account in which other revenues of the city job

development authority are deposited and may be expended by the city job development

authority as provided in sections 40-57.4-02 and 40-57.4-03.

In lieu of establishing a job development authority, the governing body of a city where an

active industrial development organization exists may levy a tax not exceeding the limitation in

subsection 12 of section 57-15-10. The funds from the alternative levy may be used to enter into

a contract with the industrial development organization for performance of the functions of a city

job development authority.
N.D. Cent. Code § 40-34-18 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-18
40-34-18. Power granted by chapter considered an addition
Status: in_force

40-34-18. Power granted by chapter considered an addition

The power given to municipalities in this chapter shall be in addition to and not in derogation

of any power existing in any municipality under any provision of the laws of this state.
N.D. Cent. Code § 40-23.1-12 — ND Code / Title 40 / Chapter 40-23.1 / Section 40-23.1-12
40-23.1-12. Aggrieved person may file notice of appeal
Status: in_force

40-23.1-12. Aggrieved person may file notice of appeal

Prior to the meeting at which the governing body will act upon the assessment, any

aggrieved person may appeal from the action of the city auditor by filing with the city auditor a

written notice of the appeal, stating therein the grounds upon which the appeal is based.
N.D. Cent. Code § 40-46-09.1 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-09.1
40-46-09.1. Credit for service as employee of recreation commission
Status: in_force

40-46-09.1. Credit for service as employee of recreation commission

Any full-time employee of a city recreation commission who is eligible for receipt of a

pension pursuant to this chapter may, with the approval of, and under terms and conditions set

by, the board of trustees, have that person's previous full-time employment with the city

recreation commission of that city counted as a portion of the two hundred forty months of

service required by section 40-46-09. The credit given for previous service with the city

recreation commission pursuant to this section shall not exceed one hundred twenty months in

total. Board of trustee terms shall include payment of pension fund contributions by the

employee for the months of service credited.
N.D. Cent. Code § 40-57.3-02 — ND Code / Title 40 / Chapter 40-57.3 / Section 40-57.3-02
40-57.3-02. City visitors' promotion fund - City visitors' promotion capital construction fund - Visitors' committee - Establishment - Purpose
Status: repealed

40-57.3-02. The governing body of the city may irrevocably dedicate any portion of revenues

from the tax authorized under section 40-57.3-01.1 and may authorize and issue bonds or other

evidences of indebtedness in the manner prescribed by section 40-35-08 to be paid by those

revenues for any purpose that moneys in the city visitors' promotion capital construction fund

may be used. Such tax upon being pledged to payment of bonds or evidences of indebtedness

issued pursuant to this section may not be reduced or repealed by the governing body or by the

electors of the municipality by any initiated amendment to or referendum of the ordinance

referred to in section 40-57.3-01.1, so long as any of such bonds or evidences of indebtedness

remain outstanding. The proceeds from the tax imposed under section 40-57.3-01 may not be

used for any type of capital construction or purchase of real property. The proceeds from the tax

imposed under section 40-57.3-01.1 may be used only for payment of bonds issued, and the

costs of issuance related thereto, under this section or for tourism or capital construction,

maintenance, and repair or acquisition of property consistent with the purposes of this chapter.
N.D. Cent. Code § 40-18.1-09 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-09
40-18.1-09. City prosecutor
Status: in_force

40-18.1-09. City prosecutor

1. A prosecutor licensed to practice law in this state must be present for all contested

hearings and proceedings involving a class B misdemeanor in a municipal court.

2. The city shall pay the compensation of the prosecutor and any necessary expenses

incurred in prosecuting a violation of a city ordinance.
N.D. Cent. Code § 40-38-01 — ND Code / Title 40 / Chapter 40-38 / Section 40-38-01
40-38-01. Public library and reading room - Establishment - Election
Status: in_force

40-38-01. Public library and reading room - Establishment - Election

The governing body of any city or county upon petition of 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 or upon a majority vote of the qualified electors thereof voting on the

question shall establish and maintain public library service within its geographic limits by means

of a public library and reading room or other public library service, either singly or in cooperation

with the state library, or with one or more cities or counties, or by participation in an approved

state plan for rendering public library service under the Library Services and Construction Act

[20 U.S.C. 351-358], and acts amendatory thereof. Such question shall be submitted to the

qualified electors upon resolution of the governing body or upon the petition of not less than

twenty-five percent of that number of qualified electors of the city or county that voted at the last

general election, filed with the governing body not less than ninety days before the next regular

election. Library service may be discontinued within any city or county by any of the methods by

which library services may be established, except that once established, such service shall not

be discontinued until after it has been in operation for at least five years from the date of

establishment.
N.D. Cent. Code § 40-26-05 — ND Code / Title 40 / Chapter 40-26 / Section 40-26-05
40-26-05. Supreme court setting aside judgment - Effect - Reassessment
Status: in_force

40-26-05. Supreme court setting aside judgment - Effect - Reassessment

When any special assessment shall be declared void or shall be set aside by the judgment

of the supreme court for a cause affecting other like assessments, all assessments affected may

be vacated by a resolution of the governing body of the municipality in which any such

assessment was spread. A reassessment of the property affected thereby shall be made and

may bear interest as is provided in section 40-26-03.
N.D. Cent. Code § 40-01-21 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-21
40-01-21. Removal of city advisory or policy decisionmaking members
Status: in_force

40-01-21. Removal of city advisory or policy decisionmaking members

The executive officer of a city and a sixty percent majority of the members-elect of a city's

governing body at a regular meeting of such body may remove any member of an appointive

agency, board, or commission which has spending, borrowing, or eminent domain powers and

acts in an advisory capacity or assists in policy decisionmaking.
N.D. Cent. Code § 40-37-01 — ND Code / Title 40 / Chapter 40-37 / Section 40-37-01
40-37-01. Municipality may provide tax levy for municipal band purposes
Status: in_force

40-37-01. Municipality may provide tax levy for municipal band purposes

A municipality, when authorized as provided in this chapter, may levy a tax annually for the

purpose of providing a fund for the maintenance or employment of a band for municipal

purposes.
N.D. Cent. Code § 40-18.1-05 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-05
40-18.1-05. Election of municipal judge - Qualifications
Status: in_force

40-18.1-05. Election of municipal judge - Qualifications

1. A municipal judge must be elected to serve a term of four years and may not hold any

other office in the city in which the municipal judge serves as a judge. The city auditor

shall notify the state court administrator of the election or appointment of a municipal

judge or alternate municipal judge.

2. Except when prohibited by home rule charter or ordinance, the municipal judge may

be a part-time judge and may serve as a municipal judge in more than one city.

3. A municipal judge in a city with a population of five thousand or more must be licensed

to practice law in this state and must be a resident of the city unless the city, by

ordinance or resolution, provides the municipal judge is not required to be a resident of

the city.

4. The municipal judge in a city with a population of fewer than five thousand is not

required to be licensed to practice law in this state and is not required to be a resident

of the city.

5. The governing body of the city shall fix the compensation of the municipal judge.
N.D. Cent. Code § 40-57-04 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-04
40-57-04. Resolution authorizing project and the issuance of revenue bonds - Public notice and hearing - No election required
Status: in_force

40-57-04. Resolution authorizing project and the issuance of revenue bonds - Public

notice and hearing - No election required.

The acquisition, construction, reconstruction, improvement, betterment, extension, or

financing of any project, and the issue of bonds in anticipation of the collection of the revenues

of the project to provide funds to pay for the cost of the project, may be authorized by an

ordinance or resolution of the governing body adopted at a regular or special meeting of the

governing body by the affirmative vote of a majority of its members. Before the issuance of

revenue bonds under this chapter, the governing body shall give notice and hold a public

hearing on the proposed bond issue. Notice of the hearing must be published in the official

newspaper of the municipality once a week for two successive weeks before the time set for the

hearing. The notice must specify the time and place of the hearing, and the amount and

purpose of the proposed bond issue. The governing body may not approve the bond issue

unless it appears, after the public hearing, that approval is in the public interest of the

municipality. No election is required to authorize the use of any of the powers conferred by this

chapter. No public hearing is required before the issuance of refunding bonds issued under

section 40-57-19.1.
N.D. Cent. Code § 40-11-02 — ND Code / Title 40 / Chapter 40-11 / Section 40-11-02
40-11-02. Procedure in passing ordinances
Status: in_force

40-11-02. Procedure in passing ordinances

All ordinances shall be read twice and the second reading and final passage shall not be

had in less than one week after the first reading. After the first reading and before final passage,

an ordinance may be amended. Except as otherwise specifically provided, a majority of all of

the members of the governing body must concur in the passage of an ordinance and in the

creation of any liability against the city and in expending or appropriating money.
N.D. Cent. Code § 40-27-10 — ND Code / Title 40 / Chapter 40-27 / Section 40-27-10
40-27-10. Expense of issuing refunding special assessment warrants or bonds chargeable to special improvement fund
Status: in_force

40-27-10. Expense of issuing refunding special assessment warrants or bonds

chargeable to special improvement fund.

Any municipality that issues refunding special assessment warrants or bonds may incur and

pay the reasonable incidental expenses, including the cost of printing and legal fees. All such

expenses shall be payable solely out of moneys in the special improvement fund or funds from

which the refunded warrants or bonds are payable or out of money derived from the sale of

warrants or bonds drawn on the fund from which the refunding warrants or bonds are payable.
N.D. Cent. Code § 40-53.1-05 — ND Code / Title 40 / Chapter 40-53.1 / Section 40-53.1-05
40-53.1-05. Disposition of records after dissolution - Pending business
Status: in_force

40-53.1-05. Disposition of records after dissolution - Pending business

All public records of the dissolved city shall be deposited with the county auditor.
N.D. Cent. Code § 40-21-08 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-08
40-21-08. Ballots in municipalities - Arrangement
Status: in_force

40-21-08. Ballots in municipalities - Arrangement

The auditor of the city shall place only the names of the persons nominated upon the ballot.

The auditor shall arrange the offices upon the ballot in the order in which they are named in the

statutes. The auditor shall determine the arrangement of the names of the candidates upon the

ballot by conducting a drawing immediately after the candidate filing deadline on the sixty-fourth

day before the election. The city auditor shall set the date, time, and location for conducting the

drawing and shall give advance notice of the drawing to the candidates involved.
N.D. Cent. Code § 40-33.1-07 — ND Code / Title 40 / Chapter 40-33.1 / Section 40-33.1-07
40-33.1-07. Construction contracts
Status: in_force

40-33.1-07. 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 § 40-06-09 — ND Code / Title 40 / Chapter 40-06 / Section 40-06-09
40-06-09. Change in number of members of city governing body - Election
Status: repealed

40-06-09. Change in number of members of city governing body - Election

1. The process for increasing or decreasing the number of members of a city governing

body pursuant to sections 40-04.1-01, 40-08-03, and 40-09-01 may be initiated:

a. By resolution approved by a majority vote of the governing body of the city; or

b. By a petition signed by ten percent or more of the total number of qualified

electors of the city voting for governor at the most recent gubernatorial election

and submitted to the governing body of the city.

2. The governing body of the city shall submit the question of increasing or decreasing

the number of members of the city governing body to the electors of the city at any

regular city election or primary or general election as specified in the resolution or

petition submitted pursuant to subsection 1. The question requires an affirmative vote

of those voting on the question for passage.

3. If an increase in the number of members of the city governing body is approved by the

electors, the additional members must be elected at the next regular city election or as

specified in the resolution or petition pursuant to subsection 1. The additional members

shall hold office for terms of four years and until a successor is elected and qualified,

unless different terms are specified in the resolution or petition pursuant to

subsection 1. The terms of office must be arranged on a staggered basis as otherwise

provided by law.

4. If a decrease in the number of members of the city governing body is approved by the

electors, the offices identified for abolition shall continue until the time when the terms

of those offices expire. A different procedure for abolition of the offices may be

specified in the resolution or petition pursuant to subsection 1.

5. All statutory provisions relating specifically to a ten-member council or eleven-member

council, whether repealed or amended by chapter 401 of the 1993 Session Laws,

including sections 40-08-03.1, 40-08-03.2, 40-08-04, 40-08-04.1, 40-08-06.1, and

40-12-01, continue to apply to those councils existing on August 1, 1993, until such

time as an increase or decrease occurs in the number of members of those councils

pursuant to this section.
N.D. Cent. Code § 40-28-07 — ND Code / Title 40 / Chapter 40-28 / Section 40-28-07
40-28-07. Bids for service connections
Status: in_force

40-28-07. Bids for service connections

The governing body shall direct the city auditor to advertise for bids in accordance with

chapter 48-01.2 for the laying and construction of service connections in accordance with the

plans and specifications therefor.
N.D. Cent. Code § 40-51.2-07 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-07
40-51.2-07. Annexation by resolution of city
Status: in_force

40-51.2-07. Annexation by resolution of city

1. The governing body of any city may adopt a resolution to annex contiguous or

adjacent territory as follows:

a. The governing body of the city shall adopt a resolution describing the property to

be annexed. Within seven days of the adoption of a resolution under this

subdivision, the governing body shall mail, by certified mail, a copy of the

resolution to the owner of each parcel of real property within the area to be

annexed at the person's last-known mailing address.

b. The governing body of the city shall publish the resolution and a notice of the time

and place the governing body will meet to hear and determine the sufficiency of

any written protests against the proposed annexation in the official newspaper

once each week for two consecutive weeks. At least fifteen days before the

meeting, the governing body of the city shall mail, by certified mail, a notice to the

owner of each parcel of real property within the area to be annexed at the

person's last-known mailing address. The notice must inform landowners of the

resolution, the time and place of hearing, and the requirement that protests must

be filed in writing. The owners of any real property within the territory proposed to

be annexed may file written protests with the city auditor protesting against the

proposed annexation within thirty days of the first publication of the resolution.

The governing body of the city also shall mail at least seven days before the

meeting, by certified mail, the notice of the time and place of the hearing to the

governing body of each city, county, or township directly affected by the land area

proposed to be annexed. No state-owned property may be annexed without the

written consent of the state agency or department having control of the property.

The governing body of the city, at its next meeting after the expiration of the time

for filing the protests, shall hear and determine the sufficiency of the protests.

c. In the absence of protests filed by the owners of more than one-fourth of the

territory proposed to be annexed as of the date of the adoption of the resolution,

the territory described in the resolution becomes a part of the city. When a copy

of the resolution 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. 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.

2. If the owners of one-fourth or more of the territory proposed to be annexed protest, or

if a city that has extraterritorial zoning or subdivision regulation authority over the area

petitioned to be annexed protests, the city may either stop its pursuit of the annexation

or submit the matter to a committee for mediation as provided in section 40-51.2-07.1.
N.D. Cent. Code § 40-05-09.1 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-09.1
40-05-09.1. Tax levy for fire department stations
Status: repealed

40-05-09.1. Tax levy for fire department stations

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 40-11-03 — ND Code / Title 40 / Chapter 40-11 / Section 40-11-03
40-11-03. Yea and nay vote on passage - When required
Status: in_force

40-11-03. Yea and nay vote on passage - When required

The yeas and nays shall be taken and entered on the journal of the governing body's

proceedings upon the passage of all ordinances and upon all propositions creating any liability

against the city or providing for the expenditure or appropriation of money, and in all other cases

at the request of any member.
N.D. Cent. Code § 40-46-21 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-21
40-46-21. Warrants on pension fund - Treasurer's report - Contents
Status: in_force

40-46-21. 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 and issued by the treasurer of

such board. 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. Such

report shall be made to the board of trustees and shall be filed with the city auditor.