N.D. Cent. Code § 40-44-01 — ND Code / Title 40 / Chapter 40-44 / Section 40-44-01
40-44-01. Cities of certain population may adopt civil service system
Status: in_force

40-44-01. Cities of certain population may adopt civil service system

The governing body of any city having a population of more than four thousand inhabitants

according to the latest official federal or state census may adopt, by ordinance, a civil service

system for the selection, employment, classification, advancement, suspension, retirement, or

discharge of appointive officials or employees of the city.
N.D. Cent. Code § 40-36-20 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-20
40-36-20. Construction - Procedure in issuance of refunding bonds
Status: in_force

40-36-20. Construction - Procedure in issuance of refunding bonds

This chapter shall constitute full and complete authority for the issuance of refunding bonds.

No procedure or proceedings, publications, notices, consents, approvals, orders, acts, or things

by any governing body of any municipality, or of any board, officer, commission, department,

agency, or instrumentality of the state or of any municipality shall be required to issue any

refunding bonds or to do any act or perform anything under this chapter, except as may be

prescribed herein. The powers conferred by this chapter shall be in addition and supplemental

to, and the limitations imposed by this chapter shall not affect the powers conferred by, any

other law of this state.
N.D. Cent. Code § 40-18.1-22 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-22
40-18.1-22. Judgment for fines, fees, or costs - Procedure
Status: in_force

40-18.1-22. Judgment for fines, fees, or costs - Procedure

1. If the judgment imposes a fine or assesses a fee, the municipal judge may order a

certified copy of the judgment be filed in the office of the clerk of the district court of

any county in the state. The clerk of district court shall treat the municipal court

judgment in the same manner as a civil judgment of any district court of any county of

the state.

2. At the time of filing the judgment with the office of the clerk of district court, the

municipal court judge shall order an affidavit providing the name and last-known

mailing address of the defendant and otherwise complying with section 28-20-15 be

filed.

3. Upon the filing of the judgment and affidavit, the clerk of municipal court shall mail

notice of the filing of the municipal judgment to the defendant at the defendant's last-

known address and file proof of mailing with the district court. The notice must include

the name and mailing address of the municipal court.

4. An execution of other process for enforcement of a municipal court judgment filed

under this section may not be issued until ten days after the date the judgment is filed.

5. If the defendant shows the district court of any county that an appeal from the

judgment is pending or will be taken, the court shall stay enforcement of the municipal

court judgment until the appeal is concluded or the time for appeal expires.

6. The municipal judge shall order the defendant to pay a filing fee of ten dollars to the

clerk of district court.

7. Upon filing of the judgment with the district court in accordance with this chapter, the

judgment is enforceable by the city only in the same manner as provided for a

judgment for money in a civil action.
N.D. Cent. Code § 40-33-04 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-04
40-33-04. Manner of payment of purchase, erection, improvement, or leasing of plant, system, or line
Status: in_force

40-33-04. Manner of payment of purchase, erection, improvement, or leasing of plant,

system, or line.

Any municipality may pay the cost of purchasing, erecting, enlarging, improving, extending,

or leasing any municipal plant, system, line, or any part thereof:

1. Out of the earnings of the plant, system, or line;

2. By issuing special assessment warrants as provided in section 40-33-05;

3. By issuing bonds of the municipality as provided in section 40-33-07;

4. Partly by such special assessment warrants and partly by such bonds; or

5. Partly out of the earnings of the plant, system, or line, and partly by such special

assessments or bonds or special assessments and bonds.

A municipality may pay the cost of leasing any municipal plant, system, line, or any part

thereof from the state, or any agency or institution of the state under subsection 5 of section

40-33-01 solely from revenues to be derived by the municipality from the ownership, sale, lease,

disposition, and operation of the waterworks, mains, and water distribution system; 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 or institution 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.

When such cost, or any part thereof, is to be paid out of the earnings, the cost or the part

thereof payable out of the earnings shall not become a general obligation of the municipality

payable out of the money raised through taxation but shall be a special obligation payable solely

and exclusively out of the earnings derived from the operation of the plant, system, or line.
N.D. Cent. Code § 40-33-01 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-01
40-33-01. Electric light, telephone, natural and artificial gas plants, pipelines and distribution systems, and power plants - Municipalities may purchase, erect, construct, maintain, sell, or lease
Status: in_force

40-33-01. Electric light, telephone, natural and artificial gas plants, pipelines and

distribution systems, and power plants - Municipalities may purchase, erect, construct,

maintain, sell, or lease.

Any municipality may purchase, erect, construct, operate, maintain, enlarge, improve and

extend, or lease from any person or sell or lease to any person:

1. Any electric light and power plant, site, buildings, and equipment thereof.

2. Any electric distribution system and equipment thereof.

3. Any electric transmission line and equipment thereof.

4. Any telephone plant, equipment, and distribution system thereof.

5. Any waterworks, mains, and water distribution system and any equipment or

appliances connected therewith and any property related thereto, notwithstanding any

other provision of law.

6. Any heating system, gas or otherwise, and the buildings and equipment necessary to

furnish heat to the public buildings of the municipality and to the inhabitants of the

municipality.

7. Any natural or artificial gas pipeline transmission or distribution system or plants.

For purposes of subsection 5, the term "lease" includes any lease, sublease, purchase

agreement, lease-purchase agreement, installment purchase agreement, leaseback agreement,

or other contract, agreement, instrument, or arrangement pursuant to which any rights,

interests, or other property are transferred to, by, or from any party to, by, or from one or more

parties, and any related documents entered or to be entered, including any operating

agreement, service agreement, indemnity agreement, participation agreement, loan agreement,

or payment undertaking agreement. A lease obligation of a municipality under subsection 5 may

not exceed a term of ninety-nine years. A lease obligation of a municipality under subsection 5

does not constitute an indebtedness of the municipality or a pledge of the full faith and credit or

unlimited taxing resources of the municipality. Notwithstanding any other provision of law, a

municipality may solicit and accept one or more proposals for a lease transaction, including the

arrangement thereof, under subsection 5. The municipality, by resolution of its governing body

upon a majority vote of the members of the governing body, may accept a proposal that it

determines to be in the public interest. A lease under subsection 5, and any related documents

entered or to be entered, may be authorized by resolution of the governing body of the

municipality.
N.D. Cent. Code § 40-29-10 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-10
40-29-10. Review of assessments - Assessment book
Status: in_force

40-29-10. Review of assessments - Assessment book

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

book" and shall enter therein the cost certified by the street commissioner or the governing body

as an assessment against the lots or parcels of land benefited by a sidewalk constructed,

repaired, or rebuilt under the provisions of this chapter, and the name of the owners of such lots

or parcels of land, if the same are known to the city auditor. The governing body shall review all

assessments and hear all complaints against the same and approve the same as finally

adjusted.
N.D. Cent. Code § 40-37-03 — ND Code / Title 40 / Chapter 40-37 / Section 40-37-03
40-37-03. City band funding
Status: in_force

40-37-03. City band funding

The governing body of the municipality may provide funding from revenues derived from its

general fund levy authority for the maintenance or employment of a band for municipal purposes

and may cover the appropriation in its annual general fund tax levy. The amount appropriated

for the maintenance or employment of a band for municipal purposes shall not exceed the

amount which will be raised by a levy of one mill on the taxable valuation of the taxable property

in the municipality.
N.D. Cent. Code § 40-05-09 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-09
40-05-09. Purchase of firefighting equipment - How paid - Limitations
Status: in_force

40-05-09. Purchase of firefighting equipment - How paid - Limitations

Upon a declaration by resolution duly passed that an emergency exists and that it is

desirable and necessary that firefighting apparatus and equipment be acquired for municipal

purposes, the governing body of any municipality may enter into a contract or contracts for the

purchase of such property. The purchase price of such property may be payable in annual

installments, but all moneys paid annually under any such contract shall be available and shall

be paid from the authorized tax levy of the municipality. Under this section, contracts may not be

entered into which will create aggregate future obligations of the municipality in an amount in

excess of one percent of the value of all taxable property within the municipality and such

contracts shall not be in excess of ten thousand dollars.
N.D. Cent. Code § 40-51.2-02 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-02
40-51.2-02. Declaration of purpose
Status: in_force

40-51.2-02. Declaration of purpose

It is hereby declared that the policies and procedures contained in this chapter are

necessary and desirable for the orderly growth of urban communities in the state of North

Dakota. It is the purpose of this chapter:

1. To encourage natural and well-ordered development of municipalities of the state;

2. To extend municipal government to areas which form a part of the whole community;

3. To simplify government structure in urban areas; and

4. To recognize the inter-relationship and interdependence between a municipal

corporation and areas contiguous or adjacent thereto,

and to these ends this chapter shall be liberally construed. For the purposes of this chapter,

contiguity will not be affected by the existence of a platted street or alley, a public or private right

of way, or a public or private transportation right of way or area, or a lake, reservoir, stream, or

other natural or artificial waterway between the annexing municipality and the land to be

annexed.
N.D. Cent. Code § 40-58-15 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-15
40-58-15. Exercise of urban renewal project powers
Status: in_force

40-58-15. Exercise of urban renewal project powers

1. A municipality may itself exercise its urban renewal project powers, as defined by this

section, or may, if the governing body by resolution determines the action to be in the

public interest, elect to have those powers exercised by the urban renewal agency

created by section 40-58-16 or by the housing authority, if one exists or is

subsequently established in the community. In the event the governing body makes

that determination, the urban renewal agency or the housing authority, as the case

may be, is vested with all of the urban renewal project powers in the same manner as

though those powers were conferred on the agency or authority instead of the

municipality. However, an urban renewal agency or housing authority may not exercise

any rights, powers, functions, and duties of a municipality under this chapter which

relate to the development of industrial or commercial property under section
N.D. Cent. Code § 40-46-16 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-16
40-46-16. Right of retirement once acquired cannot be lost
Status: in_force

40-46-16. Right of retirement once acquired cannot be lost

After any employee of the city shall become entitled to be retired, such right shall not be lost

nor forfeited by discharge or for any other reason.
N.D. Cent. Code § 40-57-19 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-19
40-57-19. General obligation bonds - Issuance - Levy
Status: repealed

40-57-19. General obligation bonds - Issuance - Levy

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 40-58-20.3 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-20.3
40-58-20.3. Tax increment financing reports
Status: in_force

40-58-20.3. Tax increment financing reports

For each development or renewal plan for any development or renewal area under section

40-58-20 in existence at the end of a calendar year, the governing body of the municipality shall

file an annual report with the department of commerce, by the following July thirty-first, which is

in a format prescribed by the department. The report must include:

1. The total of outstanding indebtedness.

2. The balance of funds on hand.

3. The name of the tax increment financing district.
N.D. Cent. Code § 40-53.2-02 — ND Code / Title 40 / Chapter 40-53.2 / Section 40-53.2-02
40-53.2-02. Consolidation - Resolution or petition - Election
Status: in_force

40-53.2-02. Consolidation - Resolution or petition - Election

The governing body of any city may, by resolution, or shall, upon petition by ten percent of

the number of qualified electors of the city who voted for governor at the last general election at

which a governor was elected, place on the ballot at the next general election to be held in that

city the following question:

Shall the city governing body appoint a committee from its membership to meet with

members of the governing board of the city of __________, as a municipal consolidation

review commission, to draft a proposal for consolidating the city of ___________ with the

city of __________?
N.D. Cent. Code § 40-21-07 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-07
40-21-07. Petition for nomination of elective official in cities - Signatures required - Withdrawal of petition - Contents
Status: in_force

40-21-07. Petition for nomination of elective official in cities - Signatures required -

Withdrawal of petition - Contents.

A candidate for any public office in an incorporated city may be nominated by filing with the

city auditor, before four p.m. on the sixty-fourth day before the holding of the election, a petition

signed by not less than ten percent of the number of qualified electors who voted for that office

in the last city election. A candidate shall also file a statement of interests as required by section
N.D. Cent. Code § 40-46-17 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-17
40-46-17. Insufficiency of pension fund to meet withdrawals - Apportioning contents of fund to pensioned persons
Status: in_force

40-46-17. Insufficiency of pension fund to meet withdrawals - Apportioning contents

of fund to pensioned persons.

Whenever the sums of money in the employees' pension fund shall be insufficient to meet

the demands of the withdrawals due to retirements, the board of trustees, in its judgment, shall

apportion among the employees entitled to a pension such amount as is available in the

pension fund.
N.D. Cent. Code § 40-52-03 — ND Code / Title 40 / Chapter 40-52 / Section 40-52-03
40-52-03. Governing body of council city may change boundaries of wards - Wards not to be diminished or increased
Status: repealed

40-52-03. Governing body of council city may change boundaries of wards - Wards

not to be diminished or increased.

Repealed by S.L. 1957, ch. 292, § 2.
N.D. Cent. Code § 40-29-17 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-17
40-29-17. Property owners petition for drainage and construction or repair of streets and sidewalks - Requirements
Status: in_force

40-29-17. Property owners petition for drainage and construction or repair of streets

and sidewalks - Requirements.

If two-thirds of the resident owners in number or in value of the real estate bounding both

sides of any street, not less than one block in area, shall petition the governing body of a

municipality to have such street ditched for the purpose of draining the same or any property

abutting thereon, or for the construction or repairing of a sidewalk thereon, or if two-thirds of the

owners of real estate in number or in value on one side of such street shall desire a sidewalk on

that side, the governing body shall levy and cause to be collected by tax upon the real estate on

such street or part of street, such sum of money as is necessary for the improvement of the

street or sidewalk or the building of the sidewalk in front of each of the several lots or at the side

of any corner lot or lots or real estate. No real estate shall be taxed as provided in this section

for sidewalks built at a greater distance from the front of the real estate than one-half of the

distance to the opposite side of the street.
N.D. Cent. Code § 40-45-08 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-08
40-45-08. Membership fees and assessments
Status: in_force

40-45-08. Membership fees and assessments

Every member of the police department shall pay to the treasurer of the pension fund a

membership fee to be fixed by the board of trustees in an amount not exceeding twenty-five

dollars. Each member shall be assessed and required to pay annually an amount not less than

three percent or more than five percent per annum as determined by the governing body of the

municipality upon the amount of the annual salary paid to the member. Such assessment shall

be deducted and retained in equal monthly installments out of such salary. Assessments shall

be made of all members for a minimum period of fifteen years for partial retirement and for

twenty years and for such additional years as may be determined by the governing body for full

retirement, as provided by section 40-45-09.
N.D. Cent. Code § 40-22-28 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-28
40-22-28. Determination of kind of paving after bids are considered
Status: in_force

40-22-28. Determination of kind of paving after bids are considered

If the contemplated improvement consists of paving or repaving, the governing body, after it

has opened and considered the bids, shall determine by resolution the kind or kinds of

pavement to be laid, and thereafter may proceed to award the necessary contract or contracts.
N.D. Cent. Code § 40-54-02 — ND Code / Title 40 / Chapter 40-54 / Section 40-54-02
40-54-02. Awarding contract - Failure to advertise for bids
Status: in_force

40-54-02. Awarding contract - Failure to advertise for bids

If bids have been called for at the first regular meeting of the governing body in the month of

April in each year, the bids shall be opened and the contract for the furnishing of gravel shall be

awarded to the lowest responsible bidder who has complied with the requirements of this

chapter. If the city auditor shall have failed to advertise for bids before the fifteenth day of March

or if the governing body shall have failed to award the contract at a meeting in April, such

advertisement for bids and such award may be made subsequently upon the same basis as if

made at the time provided in this chapter.
N.D. Cent. Code § 40-20-01 — ND Code / Title 40 / Chapter 40-20 / Section 40-20-01
40-20-01. City attorney - Duties - Docket
Status: in_force

40-20-01. City attorney - Duties - Docket

The city attorney shall:

1. Conduct all law business in which the city or any of its departments is interested.

2. Furnish written opinions, when requested, upon all questions submitted to the city

attorney by the governing body or any of the departments of the city.

3. Draft all ordinances, bonds, contracts, leases, conveyances, and other instruments

that may be required by the officers of the city.

4. Examine tax and assessment rolls and all proceedings in reference to the levying and

collecting of city taxes.

5. Keep a docket of all cases to which the city may be a party in any court of record in

which must be entered briefly all steps taken in each such case and such docket must

be open to public inspection at all reasonable hours.

6. Perform all other duties that may be prescribed by the governing body or by the

ordinances of the city or the statutes of the state.
N.D. Cent. Code § 40-22-13 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-13
40-22-13. Municipal engineer to retain copy of plans, specifications, and estimates - Sale of copies
Status: in_force

40-22-13. Municipal engineer to retain copy of plans, specifications, and estimates -

Sale of copies.

The engineer acting for the municipality shall retain a copy of the plans, specifications, and

estimates which have been prepared for any improvement on file in the engineer's office. The

engineer shall furnish to any person applying therefor copies of the same, and, if the engineer is

an officer of the municipality, the engineer may charge one dollar an hour for the time

necessarily employed in making such copies.
N.D. Cent. Code § 40-23.1-04 — ND Code / Title 40 / Chapter 40-23.1 / Section 40-23.1-04
40-23.1-04. Levy of assessments - Items included in cost of improvement
Status: in_force

40-23.1-04. Levy of assessments - Items included in cost of improvement

At any time after the contract and bond for any work for which a special assessment is

required have been executed and approved by the governing body of the municipality and the

total cost of such work shall have been estimated as nearly as practicable, the governing body

may direct assessments to be levied for the payment of all or any part of such cost, and the city

auditor shall ascertain and return, as provided in this chapter, the total assessment against each

separate lot, tract, or parcel of land in the improvement district. The total cost of the

improvement shall include the estimated construction cost under the terms of the contract; a

reasonable allowance as determined by the governing body for cost of extra work which may be

authorized under the plans and specifications; engineering, fiscal agent's, and attorney's fees

for any services in connection with the authorization and financing of the improvement; cost of

publication of required notices and printing of improvement warrants; and all expenses incurred

in the making of the improvement and levy of assessment therefor. In the event that any error is

made in estimating the cost, the governing body may direct a supplemental assessment to be

made as provided in section 40-26-02.
N.D. Cent. Code § 40-05.1-10 — ND Code / Title 40 / Chapter 40-05.1 / Section 40-05.1-10
40-05.1-10. Manner of calling and holding elections
Status: in_force

40-05.1-10. Manner of calling and holding elections

The elections provided for in this chapter shall be called and held in the same manner as is

provided for the calling and holding of city elections except that all qualified voters of the city

shall be eligible to vote at such elections. The form of ballot shall be prescribed by the charter

commission so that the voter may signify whether the voter is for or against the proposed home

rule charter or the amendment or repeal, as the case may be.
N.D. Cent. Code § 40-22-41 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-41
40-22-41. Validation
Status: repealed

40-22-41. Validation

Repealed by omission from this code.
N.D. Cent. Code § 40-45-21 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-21
40-45-21. Police department employees entitled to refund from fund upon termination of employment with city
Status: in_force

40-45-21. Police department employees entitled to refund from fund upon termination

of employment with city.

Any employee of a police department who shall have contributed to the police pension fund,

and who voluntarily and while in good standing as a member of such police force leaves the

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

refund of all contributions made by that person.
N.D. Cent. Code § 40-35-17 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-17
40-35-17. Powers and duties of receiver of undertaking
Status: in_force

40-35-17. Powers and duties of receiver of undertaking

A receiver appointed under the provisions of section 40-35-16, directly or by the receiver's

agents and attorneys, shall enter into and upon and take possession of the undertaking and

each and every part thereof immediately and may exclude therefrom the municipality, its

governing body, officers, agents, and employees, and all persons claiming under them. The

receiver shall have, hold, use, operate, manage, and control the undertaking, and each and

every part thereof, in the name of the municipality or otherwise as the receiver may deem best.

The receiver shall exercise all the rights and powers of the municipality with respect to the

undertaking as the municipality itself might do. The receiver shall maintain the undertaking and

restore and insure it and keep the same insured, and from time to time, the receiver shall make

all repairs which the receiver deems necessary, proper, or expedient. The receiver shall

establish, levy, maintain, and collect such fees, tolls, rentals, and other charges in connection

with the undertaking as the receiver may deem necessary, proper, and reasonable, and the

receiver shall collect and receive all revenues and shall deposit the same in a separate account

and apply such revenues in such manner as the court shall direct.
N.D. Cent. Code § 40-03.1-02 — ND Code / Title 40 / Chapter 40-03.1 / Section 40-03.1-02
40-03.1-02. City auditor to pass on sufficiency of petition
Status: in_force

40-03.1-02. City auditor to pass on sufficiency of petition

Within thirty days after a petition to change from the council system of government is filed,

the city auditor shall examine the petition and ascertain from the voters' register whether or not

the petition is signed by the required number of qualified electors. The city auditor shall attach to

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

the city auditor finds the petition to be insufficient, the city auditor's certificate shall show the

reason for such determination. An insufficient petition may be amended within ten days after the

city auditor's certificate is made. Within thirty days after an amended petition is filed, the city

auditor shall make an examination thereof, and if the city auditor's certificate shows such

amended petition to be insufficient, the petition shall be returned to the person filing the same

without prejudice to the filing of a new petition. If the city auditor shall find the petition or the

amended petition to be sufficient, the city auditor shall place the same with the city auditor's

certificate before the governing body of the municipality.
N.D. Cent. Code § 40-23.1-09 — ND Code / Title 40 / Chapter 40-23.1 / Section 40-23.1-09
40-23.1-09. Alteration of assessments at hearing - Limitations
Status: in_force

40-23.1-09. Alteration of assessments at hearing - Limitations

At the hearing, the city auditor may make such alterations in the assessments as in the city

auditor's opinion may be just or necessary to correct any error in the assessment list. The city

auditor may increase or diminish any assessment as may be just and necessary to make the

aggregate of all assessments equal to the total amount required to pay the entire cost of the

work for which such assessments are made or the part of such cost to be paid by special

assessment. No assessment shall exceed the benefits to the parcel of land assessed.
N.D. Cent. Code § 40-05-22 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-22
40-05-22. Golf carts on city streets
Status: in_force

40-05-22. Golf carts on city streets

The governing body of a city may allow by an ordinance the operation of golf carts on the

city streets. The ordinance may not allow a golf cart on federal, state, or county highways in the

city, except for the perpendicular crossing of these highways. The ordinance may not allow the

operation of a golf cart on city streets at night. Golf carts that are allowed to operate on the city

streets as the result of an ordinance are exempt from the title, registration, and equipment

provisions of title 39.
N.D. Cent. Code § 40-56-05 — ND Code / Title 40 / Chapter 40-56 / Section 40-56-05
40-56-05. Special assessment procedure to be followed
Status: in_force

40-56-05. Special assessment procedure to be followed

The procedure set forth by chapters 40-22, 40-23, 40-24, 40-25, 40-26, 40-27, and 40-28

shall be followed in all proceedings for the initiating, advertising, and contracting for paving

improvements under the provisions of this chapter, for levying special assessments against

benefited property, and for paying the city's share of such special assessments.
N.D. Cent. Code § 40-23-07.1 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-07.1
40-23-07.1. Validation of prior assessments
Status: repealed

40-23-07.1. Validation of prior assessments

Repealed by omission from this code.
N.D. Cent. Code § 40-23.1-06 — ND Code / Title 40 / Chapter 40-23.1 / Section 40-23.1-06
40-23.1-06. Political subdivisions not exempt from special assessments
Status: in_force

40-23.1-06. Political subdivisions not exempt from special assessments

Benefited property belonging to counties, cities, school districts, park districts, and

townships shall not be exempt from assessment and such public corporations whose property is

assessed shall provide for the payment of such assessments, installments thereof, and interest

thereon by the levy of taxes according to law. Nothing in this section shall be deemed to amend

other provisions of law with reference to the levy of assessments on property sold for delinquent

taxes.
N.D. Cent. Code § 40-23.1-02 — ND Code / Title 40 / Chapter 40-23.1 / Section 40-23.1-02
40-23.1-02. Improvement district - Zones
Status: in_force

40-23.1-02. Improvement district - Zones

For the purpose of ascertaining the amount to be assessed against each separate lot, tract,

parcel of land, or other property therein, the local improvement district shall be divided into

subdivisions or zones paralleling the margin of the street, avenue, lane, alley, boulevard, park

drive, parkway, public place, or public square to be improved, numbered respectively first,

second, third, fourth, and fifth.

The first subdivision shall include all lands within the district lying between the street

margins and lines drawn parallel therewith and thirty feet [9.14 meters] therefrom.

The second subdivision shall include all lands within the district lying between lines drawn

parallel with and thirty and sixty feet [9.14 and 18.29 meters] respectively from the street

margins.

The third subdivision shall include all lands within the district lying between lines drawn

parallel with and sixty and ninety feet [18.29 and 27.43 meters] respectively from the street

margins.

The fourth subdivision shall include all lands, if any, within the district lying between lines

drawn parallel with and ninety and one hundred twenty feet [27.43 and 36.58 meters]

respectively from the street margins.

The fifth subdivision shall include all lands, if any, within the district lying between a line

drawn parallel with and one hundred twenty feet [36.58 meters] from the street margin and the

outer limit of the improvement district.
N.D. Cent. Code § 40-33.1-05 — ND Code / Title 40 / Chapter 40-33.1 / Section 40-33.1-05
40-33.1-05. Officers and employees
Status: in_force

40-33.1-05. Officers and employees

Municipal steam heating authorities shall not be subject to civil service or merit system laws,

veterans' preference laws, or other laws, ordinances, and regulations pertaining to the status of

municipal employees. Employees of an authority shall have the same position as employees of

a private corporation and the board of directors of an authority shall manage their employee

relationships in the same manner as private corporations.
N.D. Cent. Code § 40-13-04 — ND Code / Title 40 / Chapter 40-13 / Section 40-13-04
40-13-04. Salaries of officers and employees fixed by ordinance - Diminution of officers' salaries during term prohibited
Status: in_force

40-13-04. Salaries of officers and employees fixed by ordinance - Diminution of

officers' salaries during term prohibited.

Except when otherwise provided by law, any officer or employee of a city is entitled to

receive the salary, fees, or other compensation fixed by ordinance or resolution. After having

been once fixed, the salary of an officer may not be diminished to take effect during the term for

which the officer was elected or appointed.
N.D. Cent. Code § 40-05.1-05.1 — ND Code / Title 40 / Chapter 40-05.1 / Section 40-05.1-05.1
40-05.1-05.1. Multicity home rule
Status: in_force

40-05.1-05.1. Multicity home rule

1. Two or more cities may draft and submit for adoption a multicity home rule charter to

the electors of each city pursuant to this section. The other provisions of this chapter

apply to a multicity home rule charter, except as otherwise provided by this section.

2. The process for drafting and submitting a multicity home rule charter may be initiated

by:

a. Separate motions by the governing bodies of the participating cities;

b. The execution of a joint powers agreement between participating cities; or

c. A petition filed with each governing body of two or more cities and signed by ten

percent or more of the total number of qualified electors of each city voting for

governor at the most recent gubernatorial election.

3. Within sixty days after proceedings are initiated for a multicity home rule charter, the

boards of governing bodies shall enter into a joint powers agreement specifying the

procedure for framing the charter, which may include the establishment of a single

cooperative charter commission with membership representing each city. As an

alternative, the governing bodies in each affected city may establish a separate charter

commission pursuant to section 40-05.1-03 to frame the charter in cooperative study

with the charter commission of any other affected city. The charter commissions must

submit a single joint report and proposed charter.

4. The charter commission, during its deliberation, may hold public hearings and

community forums and use other suitable means to disseminate information, receive

suggestions and comments, and encourage public discussion on the subject of the

proposed multicity home rule charter, and may report periodically to the affected

governing bodies on their progress. In preparing the charter, the charter commission

may:

a. Include any of the available powers enumerated in section 40-05.1-06;

b. Provide for adjustment of existing bonded indebtedness and other obligations in a

manner which will provide for a fair and equitable burden of taxation for debt

service;

c. Provide for the transfer or other disposition of property and other rights, claims,

assets, and franchises of the cities;

d. Provide for the reorganization, abolition, or adjustment of boundaries of any

existing boards, commissions, agencies, and special districts of the city

governments, including city park districts;

e. Include provisions for transition in implementing the charter, including elements

that consider the reasonable expectations of current officeholders or personnel

such as delayed effective dates for implementation at the end of a current term or

a future term, upon the occurrence of a vacancy, or on a date certain;

f. Include provision for the limited application or temporary implementation of the

charter, including provisions that permit implementation on an experimental or

pilot basis such as the expiration of the charter on a date certain in the future,

required reapproval of the charter by the electors at a future date, or a phased-in

implementation of various aspects of the charter; and

g. Include other provisions that the charter commission elects to include and which

are consistent with state law.

5. The proposed charter or accurate summary of the charter must be published in the

official newspaper of each affected city, at the expense of each city, at least once

during two different weeks within the thirty-day period immediately preceding the date

of election. However, a city with a population of one thousand or less may, instead of

publishing the charter in a newspaper, distribute copies of the charter door-to-door and

have them posted and available at prominent locations in the city.

6. If a majority of the qualified electors voting in each city on the charter vote in favor of

the multicity home rule charter, it is ratified and becomes the organic law of the cities

on the first day of January following the election or other effective date specified in the

charter.

7. The amendment or repeal of a multicity home rule charter may proceed pursuant to

the amendment and repeal provisions of section 40-05.1-07 on a multicity basis. A

majority vote of the qualified electors voting in each city in the election is required to

adopt any amendment of a multicity charter. A majority vote of the qualified electors of

only one or more participating cities is required to repeal a multicity charter.
N.D. Cent. Code § 40-09-17 — ND Code / Title 40 / Chapter 40-09 / Section 40-09-17
40-09-17. Restrictions on members of board
Status: in_force

40-09-17. Restrictions on members of board

1. Except as provided in this section, a member of the board of city commissioners may

not:

a. Be eligible to any other office the salary of which is payable out of the city

treasury;

b. Hold any other office under the city government; and

c. Hold a position of remuneration in the employment of the city.

2. A member of a board of city commissioners may serve as an ambulance crew member

employed by the city or under a contract with the city and be remunerated for those

services or as a volunteer firefighter or ambulance crew member for the city and be

compensated for attending training or responding to emergency calls or may be

reimbursed for expenses incurred in attending training or in responding to emergency

calls.

3. A member of the board of city commissioners in a city having a population of five

hundred or fewer may hold a position of remuneration in the employment of the city if

no other qualified individual is available to hold the position of remuneration at an

equal cost to the city. The decision to employ the member of the city commission must

receive the unanimous approval of the other members of the commission, and the

approval must be documented in the official minutes of the commission. This

subsection does not apply to appointed officer positions under section 40-15-05.
N.D. Cent. Code § 40-38-06 — ND Code / Title 40 / Chapter 40-38 / Section 40-38-06
40-38-06. Vouchers - How drawn
Status: in_force

40-38-06. Vouchers - How drawn

The duly bonded secretary or treasurer of the board of directors may draw money from the

library fund upon vouchers of the board of directors without any other audit.
N.D. Cent. Code § 40-13-08 — ND Code / Title 40 / Chapter 40-13 / Section 40-13-08
40-13-08. Vacancy existing in appointive office - How filled
Status: in_force

40-13-08. Vacancy existing in appointive office - How filled

Whenever a vacancy occurs in an appointive office, the same proceedings shall be had to

fill such vacancy as are provided for in case of an appointment in the first instance.
N.D. Cent. Code § 40-12-10 — ND Code / Title 40 / Chapter 40-12 / Section 40-12-10
40-12-10. No limitation on number of ordinances that may be voted on at one election - Limitation on special elections
Status: in_force

40-12-10. No limitation on number of ordinances that may be voted on at one election

- Limitation on special elections.

Any number of proposed or referred ordinances may be voted on at the same election in

accordance with the provisions of this chapter. There shall be not more than one special

election in any period of six months for such purposes.
N.D. Cent. Code § 40-49-04 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-04
40-49-04. Designation of park district - General powers - Park defined
Status: in_force

40-49-04. Designation of park district - General powers - Park defined

A park district shall be known as "park district of the city of ___________". The park district

shall have a seal and perpetual succession, and may:

1. Sue and be sued.

2. Contract and be contracted with.

3. Acquire by purchase, gift, devise, or otherwise, and hold, own, possess, and maintain

real and personal property in trust for use as parks, boulevards, and ways.

4. Exercise all the powers designated in this chapter.

"Park", as used in this chapter, and in other statutes relating to park districts, unless from the

context a contrary intent plainly appears, includes public grounds used or acquired for use as

airfields, parade grounds, public recreation areas, playgrounds and athletic fields, memorial or

cemetery grounds, and sites or areas devoted to use and accommodation of the public as

distinguished from use for purposes of municipal administration.
N.D. Cent. Code § 40-22-01.3 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-01.3
40-22-01.3. Power of municipality to defray expense of improvements - Infrastructure fee
Status: in_force

40-22-01.3. Power of municipality to defray expense of improvements - Infrastructure

fee.

1. Notwithstanding section 40-22-01, a municipality may levy and collect an infrastructure

fee. The fee must replace a general special assessment on all property for payment of

infrastructure maintenance costs through a utility bill issued by a municipality. The

money collected under this subsection may not be used for any purpose other than

infrastructure maintenance costs. If a municipality levies an infrastructure fee, the

municipality also may levy and collect green field special assessments.

2. As used in this section:

a. "General special assessments" means special assessments levied for the

purpose of maintaining existing roads and infrastructure and special assessments

levied for the construction or repair of arterial roads and infrastructure that

provide a benefit to the entire community.

b. "Green field special assessments" means special assessments levied for

infrastructure costs associated with the development of agricultural or

undeveloped property.
N.D. Cent. Code § 40-08-04.2 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-04.2
40-08-04.2. Election at large of council members from wards - Option
Status: in_force

40-08-04.2. Election at large of council members from wards - Option

Notwithstanding any other provision of law, the governing body of a city having a population

not exceeding five thousand and which is operating under the council form of government may

provide by ordinance for the election of all council members at large. If the council members are

elected at large pursuant to this section, the governing body of the city may establish wards in

accordance with section 40-08-04 and require that the council members elected from each ward

must be residents of the ward.
N.D. Cent. Code § 40-11-04.1 — ND Code / Title 40 / Chapter 40-11 / Section 40-11-04.1
40-11-04.1. Real property transfer requirements
Status: in_force

40-11-04.1. Real property transfer requirements

Upon resolution by the governing body of a city authorizing the public sale of real property, a

notice containing a description of the property to be sold and designating the place where and

the day and hour when the sale will be held shall be published in the city's official newspaper as

provided in section 40-01-09 once each week for two consecutive weeks with the last

publication being at least ten days in advance of the date set for the sale. The notice shall

specify whether the bids are to be received at auction or as sealed bids as determined by the

governing body of the city. The property advertised shall be sold to the highest bidder if that

person's bid is deemed sufficient by a majority of the members of the governing body.
N.D. Cent. Code § 40-61-07 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-07
40-61-07. Moneys of the authority
Status: in_force

40-61-07. Moneys of the authority

All moneys of an authority shall be paid to the city auditor as agent of the authority, who

shall not commingle such moneys with any other moneys. Such moneys shall be deposited in a

separate bank account or accounts. The moneys in such accounts shall be paid out by the

auditor on requisition of the chairman of the authority or of such other person or persons as the

authority may authorize to make such requisitions after audit by the auditor. Approval of the

payment of an account or claim shall be recorded in the record of the proceedings of the

authority and this shall be sufficient to indicate approval without requiring the approving

members to sign or initial the voucher or order for payment. All deposits of such moneys shall, if

required by the auditor or the authority, be secured by obligations of the United States or of the

state of North Dakota of a market value equal at all times to the amount of the deposit, and all

banks and trust companies are authorized to give such security for such deposits. The auditor

and the auditor's legally authorized representatives are authorized and empowered from time to

time to examine the accounts and books of the authority, including its receipts, disbursements,

contracts, leases, sinking funds, investments, and any other records and papers relating to its

financial standing. An authority shall have power, notwithstanding the provisions of this section,

to contract with the holders of any of its bonds as to the custody, collection, securing,

investment, and payment of any moneys of the authority, or any moneys held in trust or

otherwise for the payment of bonds or in any way to secure bonds, and to carry out any such

contract notwithstanding that such contract may be inconsistent with the previous provisions of

this section. Moneys held in trust or otherwise for the payment of bonds or in any way to secure

bonds and deposits of such moneys may be acquired in the same manner as moneys of the

authority, and all banks and trust companies are authorized to give such security for such

deposits.
N.D. Cent. Code § 40-08-04.1 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-04.1
40-08-04.1. Procedure when petition to change to ten council members and mayor is filed - Special election - Ballot
Status: repealed

40-08-04.1. Procedure when petition to change to ten council members and mayor is

filed - Special election - Ballot.

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 40-33-22 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-22
40-33-22. Joint construction and operation of gas transmission or distribution systems or plants
Status: in_force

40-33-22. Joint construction and operation of gas transmission or distribution

systems or plants.

In accordance with the provisions of this chapter, any municipality within this state may join

with other municipalities for the purpose of jointly constructing, acquiring, or operating natural or

artificial gas transmission lines, distribution systems, and plants upon such contractual basis as

may be desirable and mutually agreeable to the governing bodies of the municipalities

concerned. Such lines, systems, or plants shall be jointly operated by a board consisting of such

representatives of each municipality as may be agreed by the governing bodies thereof, except

that each such municipality shall have at least one member on such board, as selected by the

governing body thereof. The governing board of such jointly operated utilities shall have all of

the powers of any utility owned or operated by a single municipality. Before any such jointly

operated utility shall begin operation, it shall first secure a certificate of convenience and

necessity from the public service commission, which shall issue or refuse the issuance of such

certificate upon like procedure and grounds as is required for such action upon the certificates

of privately owned utilities. Such jointly operated utilities shall be subject to all rules, regulations,

and orders of the public service commission in the same manner as privately owned utilities.
N.D. Cent. Code § 40-28-05 — ND Code / Title 40 / Chapter 40-28 / Section 40-28-05
40-28-05. Sewer and water connections assessment fund - Warrants - Payment
Status: in_force

40-28-05. Sewer and water connections assessment fund - Warrants - Payment

All money collected from assessments for laying and constructing sewer, water, and other

service connections provided for in this chapter shall be kept in a fund called "sewer and water

connections assessment fund", and warrants shall be drawn on such fund for the payment of

the cost of such connections. All sewer and water connections assessment warrants shall be

payable as specified and in such amount as in the judgment of the governing body will be

provided by the taxes and assessments. Such warrants shall bear interest at a rate of not more

than seven percent per annum and interest shall be payable annually. They may have coupons

attached representing each year's interest. The warrants shall state on their face the purpose for

which they were issued and from what fund they are payable, and shall be signed by the

executive officer, countersigned by the city auditor under the seal of the municipality, and shall

be in denominations of not to exceed one thousand dollars each. The warrants may be used to

make payment on contracts for making the connections or may be sold for cash at not less than

par value thereof and the proceeds credited to the special fund and used to pay for such

connections. Except as otherwise provided in section 40-26-08, a municipality shall not be liable

generally on any contracts for the making of such connections and shall not be required to pay

funds raised by general taxation upon any such contract.
N.D. Cent. Code § 40-04-02 — ND Code / Title 40 / Chapter 40-04 / Section 40-04-02
40-04-02. Notice of election
Status: in_force

40-04-02. Notice of election

Notice of an election to be held under this chapter shall be given by the executive officer of

the city by publication in the official newspaper of the city as provided in section 40-01-09 for at

least twenty days.
N.D. Cent. Code § 40-45-01 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-01
40-45-01. Funding for police pension fund
Status: in_force

40-45-01. Funding for police pension fund

Any city having a population in excess of five thousand inhabitants according to the last

official federal census and having an organized and paid police department may provide funding

for the purpose of creating and maintaining a police pension fund from revenues derived from its

general fund levy authority.

Any city having established by law a police retirement system based upon actuarial tables

may provide funding for the police pension fund from revenues derived from its general fund

levy authority.
N.D. Cent. Code § 40-02-01 — ND Code / Title 40 / Chapter 40-02 / Section 40-02-01
40-02-01. Requisites for incorporation as city
Status: in_force

40-02-01. Requisites for incorporation as city

Any contiguous territory in this state, not exceeding four square miles [1036.00 hectares] in

area, not already included within the corporate limits of any incorporated municipality, may

become incorporated as a city whether such territory is located in one or more counties, under

the following conditions:

1. If the territory has residing therein a population of not more than five hundred

inhabitants, it may become incorporated as a city under the council or modern council

form of government. If the territory has residing therein a population of not less than

five hundred inhabitants, it may become incorporated as a city under the council or

modern council form of government, or as a city under the commission system of

government.

2. If the proposed municipal corporation has, in the view of the board of county

commissioners of the county in which the proposed municipal corporation is located,

all the qualities necessary to ensure continued viability as a functioning unit of

municipal government.
N.D. Cent. Code § 40-15-06 — ND Code / Title 40 / Chapter 40-15 / Section 40-15-06
40-15-06. Term of appointive officers
Status: in_force

40-15-06. Term of appointive officers

The terms of all appointive officers of a city operating under the commission system of

government commences on the first day of July succeeding their appointment unless otherwise

provided by ordinance, and the officers shall hold their respective offices for the term provided

by ordinance, and until their respective successors are qualified.
N.D. Cent. Code § 40-04-07 — ND Code / Title 40 / Chapter 40-04 / Section 40-04-07
40-04-07. Special election called to elect city commissioners
Status: in_force

40-04-07. Special election called to elect city commissioners

Within twenty days after the issuance of a patent incorporating any city under the provisions

of this chapter, the executive officer of the city voting such incorporation shall call a special

election for the purpose of electing the first board of city commissioners. The election shall be

held as provided in section 40-21-02.
N.D. Cent. Code § 40-05.1-06 — ND Code / Title 40 / Chapter 40-05.1 / Section 40-05.1-06
40-05.1-06. Powers
Status: in_force

40-05.1-06. Powers

From and after the filing with the secretary of state of a charter framed and approved in

reasonable conformity with the provisions of this chapter, such city, and the citizens thereof,

shall, if included in the charter and implemented through ordinances, have the following powers

set out in this chapter:

1. To acquire, hold, operate, and dispose of property within or without the corporate

limits, and, subject to chapter 32-15, exercise the right of eminent domain for such

purposes.

2. To control its finances and fiscal affairs; to appropriate money for its purposes, and

make payment of its debts and expenses; to contract debts, borrow money, issue

bonds, warrants, and other evidences of indebtedness; to establish charges for any

city or other services; and to establish debt limitations.

3. To levy and collect property taxes and special assessments for benefits conferred, for

its public and proprietary functions, activities, operations, undertakings, and

improvements, and establish mill levy limitations. Notwithstanding any authority

granted under this chapter, all property must be assessed in a uniform manner as

prescribed by the state board of equalization and the state supervisor of assessments

and all taxable property must be taxed by the city at the same rate unless otherwise

provided by law.

4. To levy and collect an infrastructure fee. The fee must replace a general special

assessment on all property for payment of infrastructure maintenance costs through a

utility bill issued by a municipality. The money collected under this subsection may not

be used for any purpose other than infrastructure maintenance costs. If a home rule

city levies an infrastructure fee, the home rule city also may levy and collect green field

special assessments. As used in this subsection:

a. "General special assessments" means special assessments levied for the

purpose of maintaining existing roads and infrastructure and special assessments

levied for the construction or repair of arterial roads and infrastructure that

provide a benefit to the entire community.

b. "Green field special assessments" means special assessments levied for

infrastructure costs associated with the development of agricultural or

undeveloped property.

5. To levy and collect excises, fees, charges, franchise and license taxes, sales and use

taxes, farm machinery gross receipts taxes, alcoholic beverage gross receipts taxes, a

city lodging tax, and a city restaurant tax. For purposes of this section, any taxes

imposed under this section on farm machinery, farm irrigation equipment, and farm

machinery repair parts used exclusively for agricultural purposes, or on alcoholic

beverages, which were in effect on December 31, 2005, become gross receipts taxes

after December 31, 2005. After December 31, 2005, any portion of a charter or any

portion of an ordinance passed pursuant to a charter which does not conform to the

requirements of this section is invalid to the extent it does not conform. The invalidity of

a portion of a charter or ordinance because it does not conform with this subsection

does not affect the validity of any other portion of the charter or ordinance of the

eligibility for a refund under section 57-01-02.1. Ordinances enacted after August 1,

2017, may not allow for the collection and levy of any tax not otherwise specified under

this section. Sales and use taxes and gross receipts taxes levied under this section:

a. Must conform in all respects with regard to the taxable or exempt status of items

under chapters 57-39.2, 57-39.5, 57-39.6, and 57-40.2 and may not be imposed

at multiple rates with the exception of sales of manufactured homes or mobile

homes.

b. May not be newly imposed or changed except to be effective on the first day of a

calendar quarterly period after a minimum of ninety days' notice to the

tax commissioner or, for purchases from printed catalogs, on the first day of a

calendar quarter after a minimum of one hundred twenty days' notice to the seller.

c. May not be limited to apply to less than the full value of the transaction or item as

determined for state sales and use tax purposes, except for farm machinery

gross receipts tax.

d. Must be subject to collection by the tax commissioner under an agreement under

section 57-01-02.1, with the exception of a city lodging or city restaurant tax, and

must be administered by the tax commissioner in accordance with the relevant

provisions of chapter 57-39.2, including reporting and paying requirements,

correction of errors, payment of refunds, and application of penalty and interest.

6. To fix the fees, number, terms, conditions, duration, and manner of issuing and

revoking licenses in the exercise of its governmental police powers.

7. To provide for city officers, agencies, and employees, their selection, terms, powers,

duties, qualifications, and compensation. To provide for change, selection, or creation

of its form and structure of government, including its governing body, executive officer,

and city officers.

8. To provide for city courts, their jurisdiction and powers over ordinance violations,

duties, administration, and the selection, qualifications, and compensation of their

officers; however, the right of appeal from judgment of such courts shall not be in any

way affected.

9. Notwithstanding section 40-21-07, to provide for all matters pertaining to signature

thresholds for nominating petitions for candidates for city offices and the limitations

provided under section 16.1-01-06.1.

10. To provide for the adoption, amendment, and repeal of ordinances, resolutions, and

regulations to carry out its governmental and proprietary powers and to provide for

public health, safety, morals, and welfare, and penalties for a violation thereof.

11. To lay out or vacate streets, alleys, and public grounds, and to provide for the use,

operation, and regulation thereof.

12. To define offenses against private persons and property and the public health, safety,

morals, and welfare, and provide penalties for violations thereof. This subsection is

subject to the provisions of section 62.1-01-03.

13. To engage in any utility, business, or enterprise permitted by the constitution or not

prohibited by statute or to grant and regulate franchises therefor to a private person,

firm, corporation, or limited liability company.

14. To provide for zoning, planning, and subdivision of public or private property within the

city limits. To provide for such zoning, planning, and subdivision of public or private

property outside the city limits as may be permitted by state law. This subsection is

subject to the provisions of section 62.1-01-03.

15. To exercise in the conduct of its affairs all powers usually exercised by a corporation.

16. To fix the boundary limits of said city and the annexation and deannexation of territory

adjacent to said city except that such power shall be subject to, and shall conform with

the state law made and provided.

17. To contract with and receive grants from any other governmental entity or agency, with

respect to any local, state, or federal program, project, or works.

It is the intention of this chapter to grant and confirm to the people of all cities coming within

its provisions the full right of self-government in both local and city matters within the powers

enumerated herein. The statutes of the state of North Dakota, so far as applicable, shall

continue to apply to home rule cities, except insofar as superseded by the charters of such cities

or by ordinance passed pursuant to such charters.
N.D. Cent. Code § 40-51.2-04 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-04
40-51.2-04. Exclusion by petition of owners and electors
Status: in_force

40-51.2-04. At the same time, the governing body of the city also shall mail, by

certified mail, the notice of the time and place of consideration of the petition to the

governing body of each city, county, or township directly affected by the land area

petitioned to be annexed.

2. If the land area petitioned to be annexed to the city lies within the extraterritorial zoning

or subdivision regulation authority of another city and written consent to annex the land

area is not received from the governing body of the other city, the annexing 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. If mediation does not resolve the

matter, the office of administrative hearings may be petitioned to hear the matter in

accordance with sections 40-51.2-08, 40-51.2-09, 40-51.2-11, 40-51.2-12, 40-51.2-13,

40-51.2-14, 40-51.2-15, 40-51.2-16, and 40-51.2-17.
N.D. Cent. Code § 40-52-07 — ND Code / Title 40 / Chapter 40-52 / Section 40-52-07
40-52-07. Holding elections in new ward or wards
Status: in_force

40-52-07. Holding elections in new ward or wards

Ten days before the regular municipal election following any change in the wards in the

municipality, the governing body shall designate the proper polling place or places for the new

ward or wards, appoint judges and clerks therefor, make all necessary provisions for holding the

election, and designate the several officers to be chosen therefrom.
N.D. Cent. Code § 40-46-04 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-04
40-46-04. Membership fees and assessments
Status: in_force

40-46-04. Membership fees and assessments

Every full-time city employee who qualifies for membership in the city employees' pension

fund shall, at the time of employment, pay to the treasurer of the pension fund a membership

fee to be fixed by the board of trustees in an amount not exceeding twenty-five dollars. Each

member shall be assessed and required to pay annually an amount not more than seven

percent, to be determined by the board of trustees, upon the amount of annual salary paid to the

member, and such assessment shall be deducted and retained out of such salary in equal

monthly installments. No assessment shall be made after retirement.
N.D. Cent. Code § 40-15-07 — ND Code / Title 40 / Chapter 40-15 / Section 40-15-07
40-15-07. Appointive officers - Removal upon hearing - Suspension - Appointment and removal of temporary officer
Status: in_force

40-15-07. Appointive officers - Removal upon hearing - Suspension - Appointment

and removal of temporary officer.

Any person appointed to any office of a city operating under the commission system of

government and any employee of the city may be removed by a majority vote of all the

members of the board of city commissioners, but no officer or employee shall be removed

except for cause and unless charges are preferred against the person and the person is

accorded an opportunity to be heard in the person's own defense. Within ten days after charges

are filed against any such person in the office of the city auditor, the board shall proceed to hear

and determine the case upon its merits. The president of the board of city commissioners, or the

board, by a majority vote of its members, may suspend any officer or employee against whom

charges have been preferred until the disposition of the charges. The president may appoint a

person to fill any vacancy temporarily until charges against the incumbent of such office have

been disposed of. Any person appointed by the president without confirmation may be removed

by the president when the president deems it is for the best interests of the city.
N.D. Cent. Code § 40-32-09 — ND Code / Title 40 / Chapter 40-32 / Section 40-32-09
40-32-09. Boulevard assessment fund - Warrants drawn - Regulations governing
Status: in_force

40-32-09. Boulevard assessment fund - Warrants drawn - Regulations governing

All moneys collected from assessments for making any of the improvements described in

this chapter shall be kept in a fund called "boulevard assessment fund". Warrants shall be

drawn on such fund for the payment of the cost of making any such improvement or of

maintaining the same. The city shall not be liable on any contracts for the making of any such

improvements in any sum whatsoever to be paid by moneys raised by general taxation. The

provisions of the law relating to the form of warrants, the use thereof, the rate of interest

thereon, and the payment thereof, prescribed for warrants drawn on the sidewalk special fund

shall be applicable to the warrants authorized in this section.
N.D. Cent. Code § 40-05.1-04 — ND Code / Title 40 / Chapter 40-05.1 / Section 40-05.1-04
40-05.1-04. Submission of charter to electors
Status: in_force

40-05.1-04. Submission of charter to electors

At least sixty days, but no more than two years, after submission of the charter to the

governing body of the city, the proposed charter must be submitted to a vote of the qualified

electors of the city at a regular or special city election, or at any statewide election that is held

within that time, or at a special city election held concurrently with any statewide election. If the

proposed charter has been submitted to a vote of the qualified electors of the city, the governing

body of the city may call a special election to resubmit the proposed charter to a vote of the

qualified electors of the city, and the special election must take place at least sixty days after the

call for the special election. The governing body may amend the proposed charter prior to its

resubmission to the electors.
N.D. Cent. Code § 40-01.1-01 — ND Code / Title 40 / Chapter 40-01.1 / Section 40-01.1-01
40-01.1-01. Advisory study of local governance options
Status: in_force

40-01.1-01. Advisory study of local governance options

An advisory study committee may be established under this chapter to provide local citizens

and leaders with the means for fully and adequately studying options available for positioning

their local governments for effective, creative, and efficient service in the future, in a manner

suited to the economic, social, geographic, demographic, and other circumstances influencing

the needs and resources of local communities. An advisory study committee is encouraged to

prepare a comprehensive program for the performance of local government functions and the

furnishing of local government services within the jurisdiction of the governing body or

cooperating governing bodies that established the committee. In its study, the committee may

consider:

1. The need for maintaining citizen access to, control of, and participation in local

government;

2. The existing land use within the area, including the location of highways and natural

geographic barriers to, and routes for, transportation;

3. The need for organized local government functions, services, and controls; the present

cost and adequacy of local government functions, services, and controls; probable

future needs for those functions, services, and controls; and the probable effect of

alternative courses of action on the cost and adequacy of local government functions,

services, and controls;

4. The trends in population density and distribution, and the potential or likelihood for

significant growth or decline;

5. The tax base and other factors bearing on the capacity for local government to provide

essential functions and services necessary to the general welfare of local citizens;

6. The boundaries of existing units of local government;

7. Data necessary for analyzing the strengths, weaknesses, challenges, and

opportunities that are unique to the community; and

8. Other factors that may affect the provision of local government functions, services, and

controls.
N.D. Cent. Code § 40-05-16 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-16
40-05-16. Programs and activities for senior citizens - Expenditure of funds
Status: in_force

40-05-16. Programs and activities for senior citizens - Expenditure of funds

The governing body of any city is authorized to establish or maintain programs and activities

for senior citizens, including the expansion of existing senior citizen centers which will provide

recreational and other leisure-time activities, informational, health, welfare, counseling, and

referral services for senior citizens, and assist such persons in providing volunteer community or

civic services. The governing body is authorized to expend funds received from state, federal, or

private sources for the public purposes provided for in this section. No expenditure authorized

by this section shall be made to defray any expenses of any organization or agency until such

organization or agency is incorporated under the laws of this state as a nonprofit corporation

and has contracted with the governing body in regard to the manner in which such funds will be

expended and the services to be provided. An organization or agency and its program which

receives such funds shall be reviewed or approved annually by the governing body to determine

its eligibility to receive funds under the provisions of this section.
N.D. Cent. Code § 40-24-01 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-01
40-24-01. Lien of special assessment - Attaches on approval of assessment list - Subject only to general tax lien
Status: in_force

40-24-01. Lien of special assessment - Attaches on approval of assessment list -

Subject only to general tax lien.

A special assessment, together with all interest and penalties which accrue thereon, shall

be and remain a lien upon the property upon which the assessment is levied from the time the

assessment list is approved by the governing body until the assessment is paid fully. Such lien

shall have precedence over all other liens except general tax liens and shall not be divested by

any judicial sale. No mistake in the description of the property covered by the special

assessment lien or in the name of the owner of such property shall defeat the lien if the

assessed property can be identified by the description in the assessment list.
N.D. Cent. Code § 40-03.2-01 — ND Code / Title 40 / Chapter 40-03.2 / Section 40-03.2-01
40-03.2-01. Change from council system of government - Petition required
Status: in_force

40-03.2-01. Change from council system of government - Petition required

Any city incorporated as a city under the council form of government may change its

organization thereunder and adopt the modern council form of government. The proceeding to

change shall be initiated by a petition asking for such change signed by not less than one-third

of the qualified electors of the city. For the purpose of this section, the term "qualified electors of

the city" means the total number of qualified electors voting at the preceding general election of

the city. The signatures to such petition need not be contained in 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 address

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 § 40-61-04 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-04
40-61-04. Officers and employees
Status: in_force

40-61-04. Officers and employees

Municipal parking authorities shall not be subject to civil service or merit system laws,

veterans preference laws, or other laws, ordinances, and regulations pertaining to the status of

municipal employees. Employees of a municipal parking authority shall have the same position

as employees of a private corporation and the board of directors of a municipal parking authority

shall manage their employee relationships in the same manner as private corporations.
N.D. Cent. Code § 40-39-01 — ND Code / Title 40 / Chapter 40-39 / Section 40-39-01
40-39-01. Survey, plat, and estimate made by city engineer
Status: in_force

40-39-01. Survey, plat, and estimate made by city engineer

Whenever the governing body of a municipality shall deem it necessary to open, lay out,

widen, or enlarge any street, alley, or public place within the municipality, it shall cause an

accurate survey and plat to be made by the city engineer, county surveyor, or other competent

civil engineer, with an estimate of the probable cost of the improvement. Such engineer or

surveyor shall file the survey, plat, and estimate in the office of the city auditor and shall retain

an office copy.
N.D. Cent. Code § 40-31-01.1 — ND Code / Title 40 / Chapter 40-31 / Section 40-31-01.1
40-31-01.1. Ramped curbing for wheelchairs
Status: repealed

40-31-01.1. Ramped curbing for wheelchairs

Repealed by S.L. 1993, ch. 261, § 6.
N.D. Cent. Code § 40-37-05 — ND Code / Title 40 / Chapter 40-37 / Section 40-37-05
40-37-05. Petition and election for cancellation of tax levy for municipal band
Status: in_force

40-37-05. Petition and election for cancellation of tax levy for municipal band

A petition similar to that prescribed in section 40-37-02 may be presented to the governing

body at any time asking that the following proposition be submitted to the qualified electors:

Shall the power to levy a tax for the maintenance or employment of a band be

canceled?

The question shall be submitted at the first general or municipal election following the

presentation of such petition. If a majority of the votes cast on such question are in favor of the

proposition, no further levy for a municipal band shall be made until at such time as the question

again may be voted upon favorably.
N.D. Cent. Code § 40-24-24 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-24
40-24-24. Validation
Status: repealed

40-24-24. Validation

Repealed by S.L. 1981, ch. 277, § 2.
N.D. Cent. Code § 40-33.2-07 — ND Code / Title 40 / Chapter 40-33.2 / Section 40-33.2-07
40-33.2-07. Rules and rates
Status: in_force

40-33.2-07. Rules and rates

A municipal power agency may make and enforce bylaws or rules which it deems

necessary or desirable, and may establish, levy, and collect or may authorize, by contract,

franchise, lease, or otherwise, the establishment, levying, and collection of rents, rates, and

other charges for the services afforded by the municipal power agency. Rents, rates, and other

charges shall be at least sufficient to meet the expenses thereof, including reasonable reserves,

interest, and principal payments, including payments into one or more sinking funds for the

retirement of principal. A municipal power agency may pledge its rates, rents, and other

revenues, or any part thereof, as security for the repayment, with interest and redemption

premiums, if any, of any moneys borrowed by it or advanced to it for any of its authorized

purposes and as security for the payment of amounts due and owing by it under any contract.
N.D. Cent. Code § 40-11-08 — ND Code / Title 40 / Chapter 40-11 / Section 40-11-08
40-11-08. Ordinance book required - Ordinance book and certified copies of ordinances as evidence
Status: in_force

40-11-08. Ordinance book required - Ordinance book and certified copies of

ordinances as evidence.

Each municipality shall keep an ordinance book. The city auditor shall record in such book

all ordinances finally passed and approved, and when any ordinance has been published, the

city auditor shall record therein the affidavit of publication or of posting. The ordinance book, or

copies of ordinances as recorded therein, certified by the city auditor, shall be received as

evidence without further proof. If the ordinances of a municipality have been printed in book or

pamphlet form by authority of the governing body of the municipality, such book or pamphlet

shall be received as evidence of the existence of the ordinances therein contained.
N.D. Cent. Code § 40-01-12 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-12
40-01-12. Claims and accounts against municipalities audited
Status: in_force

40-01-12. Claims and accounts against municipalities audited

No account or claim against a municipality to be paid from any fund, including a municipal

utilities fund, shall be allowed by the governing body thereof until a full itemized statement in

writing has been filed with the governing body or unless otherwise authorized by the governing

body pursuant to contract or other action. The governing body, in its discretion, may require the

filing of any additional information which it may deem necessary to the proper understanding

and audit of any claim or account and it may require the filing of a sworn statement in such form

as it may prescribe. Every account or claim which is allowed by the governing body shall be

shown in the minutes of the proceedings of the governing body except that wages and salaries

of persons employed by the city may be consolidated and allowed in one order as provided by

subsection 15 of section 40-16-03 and reference made in the proceedings of the governing

body to the payroll record certified to the city auditor.
N.D. Cent. Code § 40-24-17 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-17
40-24-17. Interest and penalties added to special assessments - County treasurer to collect and pay over
Status: in_force

40-24-17. Interest and penalties added to special assessments - County treasurer to

collect and pay over.

The county treasurer shall add to all special assessments the same interest and penalties

that are added in the case of general taxes and at the same time. The county treasurer shall

collect the interest and penalties with the special assessments and shall pay all such interest

and penalties collected over to the city auditor.
N.D. Cent. Code § 40-33.1-10 — ND Code / Title 40 / Chapter 40-33.1 / Section 40-33.1-10
40-33.1-10. Agreement of a city
Status: in_force

40-33.1-10. Agreement of a city

1. Cities may pledge to and agree with the holders of the notes that the city will not limit

or alter the rights hereby vested in the authority to acquire, construct, maintain,

reconstruct, and operate the project or projects, to establish and collect rentals, fees,

and other charges, and to fulfill the terms of any agreements made with the holders of

the notes, or in any way impair the rights and remedies of the noteholders, until the

notes, together with interest thereon, with interest on any unpaid installments of

interest and all costs and expenses in connection with any action or proceeding by or

on behalf of the noteholders, are fully met and discharged.

2. Authorities are hereby authorized, in their discretion, for and on behalf of themselves

and the city which authorized them, to covenant and agree with the holders of the

notes, with such exceptions and limitations as it may deem in the public interest, that

no public steam heating facilities except those acquired and operated by the authority

will be constructed or operated in the city by the city, or by any public benefit or other

corporation, the members or some of which are elected or are appointed by city

officials, until either the notes, together with interest thereon, interest on any unpaid

installments of interest and all costs and expenses in connection with any action or

proceeding by or on behalf of the noteholders are fully met and discharged, or

principal or interest of any of the notes shall be overdue and unpaid for a period of

three years or more.
N.D. Cent. Code § 40-04-08 — ND Code / Title 40 / Chapter 40-04 / Section 40-04-08
40-04-08. Change from or to commission system of government - Petition required
Status: in_force

40-04-08. Change from or to commission system of government - Petition required

Any city that has operated for more than six years under or since changing from the city

commission system of government may change its governmental organization and adopt the

city council form of government or the modern council form of government or revert to the city

commission form of government. The proceeding to change or revert shall be initiated either by

a resolution by the governing body or by a petition asking for such change signed by not less

than twenty-five percent of the qualified electors of the city. In no event, however, shall the

petition contain less than thirty signatures. In any city having six or more municipal election

precincts, not more than twenty percent of the petitioners may reside in any single precinct. For

purposes of this section, the term "qualified electors of the city" means the total number of

qualified electors voting for the office of the chief executive officer of the city at the preceding

city 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 and that such person purports to be not less than eighteen years of age

and a resident of the city. Each petition, in addition to the names of the signers, shall contain the

name of the street upon and the number of the house in which each petitioner resides. Any

petitioner shall be permitted to withdraw that petitioner's name from a petition within five days

after the petition is filed. If the proceeding to change from or revert to a commission system of

government is initiated by petition, the question may not be placed on the ballot more often than

every four years.
N.D. Cent. Code § 40-53.1-04 — ND Code / Title 40 / Chapter 40-53.1 / Section 40-53.1-04
40-53.1-04. Dissolution - Vote required - Effect on debts and contracts
Status: in_force

40-53.1-04. Dissolution - Vote required - Effect on debts and contracts

If a majority of the votes cast on the question are in favor of dissolution, the county

commissioners shall, by motion and proclamation, set a date upon which dissolution will

become effective and the city shall be dissolved, provided provision has been made for payment

of its current indebtedness, contracts, and obligations, and for levying the requisite tax to do so.

The current indebtedness, contracts, and obligations do not include funded or bonded

indebtedness nor any contract whose termination date is more than one year beyond the date

the election was held.
N.D. Cent. Code § 40-22.1-14 — ND Code / Title 40 / Chapter 40-22.1 / Section 40-22.1-14
40-22.1-14. City auditor's statement of estimated cost required - Governing body to enter into contracts
Status: in_force

40-22.1-14. City auditor's statement of estimated cost required - Governing body to

enter into contracts.

Before adopting or rejecting any contract proposed under this chapter, the governing body

shall require the city auditor for the municipality to make a careful and detailed statement of the

estimated cost of the work. The governing body may not award the contract if the city auditor's

estimate prepared under this section exceeds the estimate prepared under section 40-22.1-04.

If all proposals are not rejected, the governing body shall award the contract to that person, firm,

corporation, limited liability company, or other entity best able to perform the work, upon the

basis of cash payment for the work.
N.D. Cent. Code § 40-57-15 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-15
40-57-15. Liability of municipality for bonds - Taxing power prohibited - Bond not a lien
Status: in_force

40-57-15. Liability of municipality for bonds - Taxing power prohibited - Bond not a

lien.

Revenue bonds issued under this chapter shall not be payable from nor charged upon any

funds other than the revenue pledged to the payment thereof, nor shall the municipality issuing

the same be subject to any liability thereon. No holder or holders of any such bonds shall ever

have the right to compel any exercise of the taxing power of the municipality to pay any such

bonds or the interest thereon, nor to enforce payment thereon against any property of the

municipality except those projects, or portions thereof, mortgaged or otherwise encumbered

under the provisions and for the purpose of this chapter. Such bonds shall not constitute a

charge, lien, nor encumbrance, legal or equitable, upon any property of the municipality, except

those projects, or portions thereof, mortgaged or otherwise encumbered under the provisions

and for the purposes of this chapter.

Each bond under this chapter shall recite in substance that the bond, including interest

thereon, is payable solely from the revenue pledged to the payment thereof, except that such

bond may be secured by a mortgage or other encumbrance on the project, or portion thereof, as

authorized in this chapter, and that the bond does not constitute a debt of the municipality within

the meaning of any constitutional or statutory limitation.
N.D. Cent. Code § 40-55-02 — ND Code / Title 40 / Chapter 40-55 / Section 40-55-02
40-55-02. Municipality, school, and park district recreation centers - Appropriation
Status: in_force

40-55-02. Municipality, school, and park district recreation centers - Appropriation

The governing body of any municipality, park district, or school district may dedicate and set

apart for use as playgrounds, recreation centers, and other recreation or character-building

purposes and community centers, lands or buildings, or both, owned or leased by such

municipality, school district, or park district, and not dedicated or devoted to another,

inconsistent public use. A municipality, school district, or park district, in such manner as may

now or hereafter be authorized or provided by law for the acquisition of lands or buildings for

public purposes by such municipality, school district, or park district, may acquire or lease lands

or buildings, or both, within or beyond the corporate limits of such municipality, school district, or

park district, for community centers, playgrounds, recreation centers, or other recreation and

character-building purposes. When the governing body of such municipality, school district, or

park district, so dedicates, sets apart, acquires, or leases lands or buildings for such purposes,

on its own initiative, it may provide for their conduct, equipment, and maintenance according to

the provisions of this chapter by making an appropriation from the general municipal, school

district, or park district funds.
N.D. Cent. Code § 40-21-13 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-13
40-21-13. Municipal elections to be governed by rules applicable to county elections - Absent voting
Status: in_force

40-21-13. Municipal elections to be governed by rules applicable to county elections -

Absent voting.

The manner of conducting, voting at, keeping poll lists, and canvassing votes at municipal

elections, recounts, and contests of the results of the elections is governed, as nearly as

possible and except as otherwise provided in this chapter, by the laws of this state applicable to

elections and contests in the case of county officers. Absent voters' ballots must be available in

municipal elections in accordance with chapter 16.1-07.
N.D. Cent. Code § 40-01-15 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-15
40-01-15. Assessors where municipality is in more than one county - Powers and duties of assessors
Status: in_force

40-01-15. Assessors where municipality is in more than one county - Powers and

duties of assessors.

In any municipality which contains territory located in more than one county, an assessor

shall be elected or appointed in accordance with the law applicable to such form of municipality

for that portion of the municipality situated in each county. Such assessor must be a resident of

the county in which the assessor is to act and shall have the same powers and duties as an

assessor in a municipality situated within the limits of one county.
N.D. Cent. Code § 40-48-33 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-33
40-48-33. Examination of protests by engineer and attorney - Hearing - Notice
Status: in_force

40-48-33. Examination of protests by engineer and attorney - Hearing - Notice

Upon the receipt of any protests within the time fixed by the resolution and the notice, the

governing body may cause the same to be examined by its engineer and by its attorney and

shall set a time for the hearing of the same. Notice of the hearing shall be given to each

protestant at that person's address, which shall be stated in the protest.
N.D. Cent. Code § 40-46-23 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-23
40-46-23. Question of continuance of employees' pension plan
Status: in_force

40-46-23. Question of continuance of employees' pension plan

The governing body of a city having an employees' pension plan may discontinue such plan

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

employees and pensioners of the city under such plan as of the date of the filing of such petition

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

the members present, stating that the plan is not desirable or workable.
N.D. Cent. Code § 40-24-06 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-06
40-24-06. Paving and repaving special assessments extended over a period of not more than thirty years
Status: in_force

40-24-06. Paving and repaving special assessments extended over a period of not

more than thirty years.

Special assessments for the payment of the cost of paving or repaving shall be payable in

equal annual amounts, or in such annual amounts as will permit the annual increase in payment

of principal to approximate the annual decrease in the interest on amounts remaining unpaid,

extending over a period of not more than thirty years.
N.D. Cent. Code § 40-26-06 — ND Code / Title 40 / Chapter 40-26 / Section 40-26-06
40-26-06. Error or omission does not vitiate assessment - Assessment altered if substantial injury has been done
Status: in_force

40-26-06. Error or omission does not vitiate assessment - Assessment altered if

substantial injury has been done.

No error or omission which may be made in the proceedings of the governing body, or of

any officer of a municipality in referring, reporting upon, ordering, or otherwise acting upon any

local improvement to be financed by special assessments or in making or certifying any such

assessment shall vitiate or in any way affect the assessment. If it shall appear that by reason of

any such error or omission substantial injury has been done to any party or parties claiming to

be aggrieved thereby, the court shall alter such assessment as may be just, and the same then

shall be enforced.
N.D. Cent. Code § 40-46-02 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-02
40-46-02. Tax levy for city employees' pension fund authorized - Limitations
Status: in_force

40-46-02. Tax levy for city employees' pension fund authorized - Limitations

Any city may provide funding from revenues derived from its general fund levy authority for

the purpose of creating and maintaining a city employees' pension fund. A city may make

payment to any pension plan or retirement program for city employees that is approved by the

internal revenue service. Any pension system must be based on actuarial tables and actuarial

valuation must be performed at intervals of not more than five years.
N.D. Cent. Code § 40-03.1-03 — ND Code / Title 40 / Chapter 40-03.1 / Section 40-03.1-03
40-03.1-03. Procedure when petition to change from council system of government is filed - Special election - Ballot
Status: in_force

40-03.1-03. 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 shall not be less than thirty days nor

more than ninety days after the date of the auditor's certificate has been filed. The election shall

be conducted, returns thereof made, and the result thereof declared in all respects as are other

city elections. Notice of such election shall 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 ballot to be used at the election provided for in this section shall

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 commission form of government?

Yes ☐

No ☐
N.D. Cent. Code § 40-23-24 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-24
40-23-24. Audit of certain special assessment improvements
Status: in_force

40-23-24. Audit of certain special assessment improvements

If the costs of an improvement determined and assessed under section 40-23-07 or

40-23.1-04 exceed the costs of the work as contained in the engineer's estimate under section

40-22-10 by seventy percent or more, the governing body of the city shall secure an audit of all

costs included in the assessment for the project, prepared in accordance with generally

accepted auditing standards. The audit report must include a separate statement of the

engineer's estimate of the cost of the work, the actual cost of the work, the cost of extra work,

engineering fees, fiscal agent's fees, attorney's fees, publication costs, warrant printing costs,

interest costs, and each separate item of expense incurred in making the improvement and

levying the assessment for the improvement. The city shall make a copy of the audit report

available without charge to any person who requests a copy. The audit report is not required if

the costs of an improvement exceed the costs of the work as contained in the engineer's

estimate by seventy percent or more because of a petition to enlarge the district under section

40-22-09 or a request for additional work within the district by the owners of a majority of the

area of the property in the district. Audit and copying expenses under this section must be paid

by the city and may not be paid from special assessment funds.
N.D. Cent. Code § 40-31-05 — ND Code / Title 40 / Chapter 40-31 / Section 40-31-05
40-31-05. Procedure for making limited repairs to curbing
Status: in_force

40-31-05. Procedure for making limited repairs to curbing

Whenever in the judgment of the street commissioner the necessary repairs on curbing will

not exceed in cost the sum of ten dollars for each twenty-five feet [7.62 meters] in front of land

belonging to the same owner, the commissioner shall notify the city auditor thereof, and the city

auditor forthwith shall prepare a written notice, which may be general as to the owners of the

lots or parcels of land but which shall describe specifically the lots or parcels of land adjacent to

which the curbing is ordered repaired, requiring such owners to repair such curbing to the

satisfaction of the street commissioner within a time to be fixed in such notice. The street

commissioner shall serve such notice by delivering a copy thereof to the occupant or owner of

each parcel of occupied land or by leaving a copy thereof at the dwelling house upon such lot or

parcel with some person over the age of fourteen years residing therein. If any lot or parcel of

land is not occupied, the commissioner shall serve the notice by posting a copy thereof in a

conspicuous place thereon or immediately in front thereof. If such curbing is not repaired within

the time fixed in the notice, the street commissioner, as soon as practicable, shall repair the

same and certify the cost thereof, with the street commissioner's return of service of the notice,

to the city auditor, and the cost of such repairs shall be paid out of the curbing special fund.
N.D. Cent. Code § 40-33-20 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-20
40-33-20. Indebtedness not general obligation of municipality - Conditional sales authorized
Status: in_force

40-33-20. Indebtedness not general obligation of municipality - Conditional sales

authorized.

No indebtedness on the general credit of the municipality shall be deemed to be incurred by

reason of any covenant or agreement contained in said contract or in the resolutions of the city

with reference thereto. No revenues received from taxes or any other source, other than the

revenues derived from said plant as hereinabove provided, shall be pledged for the payment of

any contract executed or revenue bonds or certificates issued under the provisions of sections

40-33-17 through 40-33-21. Such contract, bonds, or certificates shall not constitute a lien or

charge on any property of the city, except that if the contract price is not paid by the issuance of

revenue bonds, title to the plant or any specified portion thereof may be retained by the

contractor as security for the purchase price, with right of repossession in the manner provided

for property sold under a conditional sales contract, until full payment of the purchase price.
N.D. Cent. Code § 40-57-19.1 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-19.1
40-57-19.1. Refunding bonds
Status: repealed

40-57-19.1. Refunding bonds

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 40-48-07 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-07
40-48-07. Limitations on expenditures of commission - Tax levy authorized
Status: in_force

40-48-07. Limitations on expenditures of commission - Tax levy authorized

The expenditures of the planning commission, exclusive of gifts, must be within the funding

provided from revenues derived from the general fund levy authority of the governing body of

the municipality. The governing body shall provide the funds, equipment, and accommodations it

deems necessary for the commission's work.
N.D. Cent. Code § 40-21-03 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-03
40-21-03. Elections in council cities - Polling places - Polls open - Notice - Judges, clerks, and inspectors - Agreements with counties
Status: repealed

40-21-03. Elections in council cities - Polling places - Polls open - Notice - Judges,

clerks, and inspectors - Agreements with counties.

Repealed by S.L. 1995, ch. 390, § 3.
N.D. Cent. Code § 40-23-15 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-15
40-23-15. Governing body to hear and determine appeals and objections to assessments - Altering assessments - Limitations
Status: in_force

40-23-15. Governing body to hear and determine appeals and objections to

assessments - Altering assessments - Limitations.

At the regular or special meeting of the governing body at which the assessment list is to be

acted upon, any person aggrieved by the determination of the special assessment commission

in regard to any assessment who has appealed therefrom as provided in section 40-23-14 may

appear before the governing body and present the person's reasons why the action of the

commission should not be confirmed. The governing body shall hear and determine the appeals

and objections and may increase or diminish any of such assessments as it may deem just,

except that the aggregate amount of all the assessments returned by the commission shall not

be changed and no assessments as adjusted shall exceed the benefits to the parcel of land on

which it is assessed as determined by the assessment commission.
N.D. Cent. Code § 40-46-24 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-24
40-46-24. Form of ballot to be used at election
Status: repealed

40-46-24. Form of ballot to be used at election

Repealed by S.L. 1959, ch. 311, § 3.
N.D. Cent. Code § 40-44-08 — ND Code / Title 40 / Chapter 40-44 / Section 40-44-08
40-44-08. Ordinance creating civil service system - What to be included - Departments automatically included
Status: in_force

40-44-08. Ordinance creating civil service system - What to be included - Departments

automatically included.

In any ordinance creating a civil service system, the governing body shall designate the

departments, classes of employees, and the appointive officials of the city who shall come

under the system, and it subsequently may add thereto. All full-time paid employees of the fire

and police departments, with the chiefs thereof, shall be placed under any civil service system

adopted whether they are designated in the ordinance or not.
N.D. Cent. Code § 40-18.1-03 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-03
40-18.1-03. Fitness to proceed
Status: in_force

40-18.1-03. Fitness to proceed

1. If reason to doubt a defendant's fitness to proceed exists, as defined under section

12.1-04-04, the case must be:

a. Transferred to the district court for evaluation; or

b. Dismissed on motion by the prosecutor.

2. The district court shall order the defendant to undergo a fitness to proceed evaluation

under chapter 12.1-04. If the defendant is found fit to proceed, the case must be

remanded to the municipal court for further proceedings.

3. The time to petition to transfer the matter to district court under section 40-18.1-18 is

suspended pending determination of the defendant's fitness to proceed.

4. If the defendant is found to lack fitness to proceed, the case must be dismissed.

5. In proceedings under this section, the city shall provide a prosecuting attorney and, in

the case of an indigent defendant, a defense attorney. The city may contract with the

county, state, or any person for the prosecution or defense services.
N.D. Cent. Code § 40-58-11 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-11
40-58-11. Bonds as legal investments
Status: in_force

40-58-11. Bonds as legal investments

All banks, trust companies, bankers, savings banks and institutions, savings and loan

associations, investment companies, and other persons carrying on a banking or investment

business and all executors, administrators, curators, trustees, and other fiduciaries may legally

invest any sinking funds, moneys, or other funds belonging to them or within their control in any

bonds or other obligations issued by a municipality pursuant to this chapter or by any urban

renewal agency or housing authority vested with urban renewal project powers under section
N.D. Cent. Code § 40-49-21 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-21
40-49-21. Park districts may provide for employees' pensions
Status: in_force

40-49-21. Park districts may provide for employees' pensions

A board of park commissioners may provide for employees' pensions pursuant to an

authorized city pension plan with the consent of the city governing body and the consent of not

less than a majority of the city employees covered by the city pension plan. In addition, a board

of park commissioners may provide for employer pensions pursuant to chapter 54-52 or under a

program approved by the internal revenue service. Payments made by employees or taxes

levied by the park district must be paid into the employees' pension fund. If a board of park

commissioners wishes to leave an existing city pension plan, the board, upon the request of the

pension fund governing body, shall fund an actuarial study of the financial impacts to the

pension fund. Any losses or costs to the fund by the park district leaving the pension plan are

the responsibility of the park district. A park district may not leave the city's pension plan without

the approval of the pension fund governing body.
N.D. Cent. Code § 40-51.2-13 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-13
40-51.2-13. Decision
Status: in_force

40-51.2-13. Decision

1. In arriving at a decision, the administrative law judge shall consider the following

factors:

a. The present uses and planned future uses or development of the area sought to

be annexed;

b. Whether the area sought to be annexed is a part of the community of the

annexing city;

c. The educational, recreational, civic, social, religious, industrial, commercial, or

city facilities and services made available by or in the annexing city to any

resident, business, industry, or employee of the business or industry located in

the area sought to be annexed;

d. Whether any governmental services or facilities of the annexing city are or can be

made available to the area sought to be annexed;

e. The economic, physical, and social relationship of the inhabitants, businesses, or

industries of the area sought to be annexed to the annexing city, and to the

school districts and other political subdivisions affected;

f. The economic impact of the proposed annexation on the property owners in the

area of the proposed annexation, and the economic impact on the annexing city

of a decision to deny the annexation;

g. Whether the area proposed to be annexed is in the extraterritorial zoning or

subdivision regulation authority of another city; and

h. Any other factor determined to be relevant by the administrative law judge.

2. a. Based upon those factors, the administrative law judge may order the annexation

if the administrative law judge finds that:

(1) The area proposed to be annexed is now, or is about to become, urban in

character;

(2) City government in the area proposed to be annexed is required to protect

the public health, safety, and welfare; or

(3) The annexation would be in the best interest of the area proposed to be

annexed.

b. The administrative law judge may deny the annexation if it appears that

annexation of all or a part of the property to a different city would better serve the

interests of the residents of the property.

3. If the administrative law judge is satisfied that the annexation should be granted, the

administrative law judge shall determine the terms and conditions of the annexation

and enter an order granting the petition. In all cases, the administrative law judge shall

set forth in writing a decision, including findings of fact, conclusions of law, and an

order. The decision must include the factors upon which the decision is based. The

administrative law judge shall direct the governing body of the annexing city to mail a

copy of the decision to all parties to the annexation proceedings.

4. An order granting the petition must include in detail all the terms and conditions upon

which the petition is granted and the effective date of the petition. The annexing city

shall file and record the order and an accurate map of the annexed area, certified by

the executive officer of the city, in the office of the recorder of the county in which the

annexed territory is situated.
N.D. Cent. Code § 40-31-08 — ND Code / Title 40 / Chapter 40-31 / Section 40-31-08
40-31-08. Curbing special fund - Warrants drawn upon - Levy
Status: in_force

40-31-08. Curbing special fund - Warrants drawn upon - Levy

All moneys received by a city from assessments for building or repairing curbing shall be

kept in a separate fund designated as the curbing special fund. Warrants shall be drawn upon

such fund for the payment of the cost of building and repairing curbing in the municipality.

Except as otherwise provided in section 40-26-08, a municipality is not liable generally on any

contracts for the cost of building and repairing sidewalks and may not be required to pay funds

raised by general taxation upon any such contract.
N.D. Cent. Code § 40-47-05 — ND Code / Title 40 / Chapter 40-47 / Section 40-47-05
40-47-05. Amendments to or repeals of zoning regulations - Protest - Required vote for passage
Status: repealed

40-47-05. Amendments to or repeals of zoning regulations - Protest - Required vote

for passage.

Regulations, restrictions, and boundaries may be amended, supplemented, changed,

modified, or repealed from time to time. If a protest against a change, supplement, modification,

amendment, or repeal is signed by the owners of twenty percent or more:

1. Of the area of the lots included in such proposed change; or

2. Of the area adjacent, extending one hundred fifty feet [45.72 meters] from the area to

be changed, excluding the width of streets,

the amendment shall not become effective except by the favorable vote of three-fourths of all

the members of the governing body of the city. The provisions of section 40-47-04 relating to

public hearings, official notice, and publication of regulations, restrictions, and boundaries shall

apply equally to all changes or amendments provided in this section; provided, that protests in

writing must be filed with the city auditor prior to the time set for the hearing.
N.D. Cent. Code § 40-08-28 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-28
40-08-28. Mayor may administer oaths
Status: in_force

40-08-28. Mayor may administer oaths

The mayor of each city may administer oaths and affirmations.
N.D. Cent. Code § 40-46-03 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-03
40-46-03. Tax levy may be discontinued when fund sufficient
Status: in_force

40-46-03. Tax levy may be discontinued when fund sufficient

Whenever a city which has established a city employees' pension fund under the provisions

of this chapter has a sufficient balance in such fund to meet any proper and legitimate charges

that may be made against it, such city shall not be required to levy further taxes for the fund.
N.D. Cent. Code § 40-01-19 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-19
40-01-19. Provisions of title shall apply to all cities
Status: in_force

40-01-19. Provisions of title shall apply to all cities

All cities in North Dakota shall be governed by the provisions of this title.
N.D. Cent. Code § 40-53.1-14 — ND Code / Title 40 / Chapter 40-53.1 / Section 40-53.1-14
40-53.1-14. Judgment roll - Right of appeal
Status: in_force

40-53.1-14. Judgment roll - Right of appeal

The petition, notice and proof of service thereof, objections, orders of the court, and the

judgment shall constitute the judgment roll, and an appeal may be taken from the judgment in

the same manner as in a civil action.
N.D. Cent. Code § 40-27-05 — ND Code / Title 40 / Chapter 40-27 / Section 40-27-05
40-27-05. Special fund for payment of bonds issued for purchase of special assessment warrants - Tax levy
Status: in_force

40-27-05. Special fund for payment of bonds issued for purchase of special

assessment warrants - Tax levy.

The governing body of a municipality which issues bonds for the purchase of special

assessment warrants shall create a special fund for the payment of the principal and interest of

such bonds as they become due and shall credit to such fund all special assessments collected

for the payment of the special assessment warrants purchased. The governing body shall make

a general tax levy annually on all the property in the municipality which, together with the special

assessments collected, shall be sufficient to pay the principal and interest of the bonds when

they become due. The levy imposed shall not be subject to any of the tax levy limitations

imposed by section 57-15-08 or acts amendatory thereof. If any money remains in the special

fund after the payment of the principal of all the bonds and the interest thereon, such balance

may be transferred to the general fund.
N.D. Cent. Code § 40-59-04 — ND Code / Title 40 / Chapter 40-59 / Section 40-59-04
40-59-04. Conduct of election
Status: in_force

40-59-04. Conduct of election

A special election upon the question of levying taxes for such purpose shall be held at a

time to be set by the governing body of the municipality. The votes cast upon the question of the

proposed tax levy shall be returned and canvassed as other votes cast at elections are returned

and canvassed, and the result of such election shall be certified and spread upon the minutes of

the proceedings of the governing body of the municipality at the next regular or special meeting

thereafter.
N.D. Cent. Code § 40-49-22 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-22
40-49-22. Tax levy for park district employees' pension fund
Status: in_force

40-49-22. Tax levy for park district employees' pension fund

A park district adopting the provisions of section 40-49-21 provide funding from revenues

derived from its general fund levy authority for the benefit of its employees' pension fund.
N.D. Cent. Code § 40-45-25 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-25
40-45-25. Hours of duty of police officers in cities over ten thousand population - Limitations - Exceptions
Status: in_force

40-45-25. Hours of duty of police officers in cities over ten thousand population -

Limitations - Exceptions.

A police officer employed in the police department of a city having a population of ten

thousand or more inhabitants shall not be required to remain on duty for periods of time which

will aggregate in each month more than an average of eight hours per day. No single period of

time or shift shall exceed twenty-four hours in length except that in case of serious emergency,

the police officer may be required to remain on duty until the emergency has passed, if the

officer is ordered to do so by the chief of the department or the person acting in the chief's

place. The provisions of this section shall not apply to the chief or other persons in command of

a police department or to police officers who are employed subject to call only.
N.D. Cent. Code § 40-18.1-08 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-08
40-18.1-08. Clerk of municipal court
Status: in_force

40-18.1-08. Clerk of municipal court

1. The governing body of a city with a municipal court may provide for the office of clerk

of the municipal court, which may include deputy clerks of municipal court. The

governing body of the city shall appoint the clerk and deputy clerk, with the consent of

the municipal judge. The governing body shall fix the salary of the municipal clerk and

deputy clerk.

2. The clerk and deputy clerk of the municipal court shall issue all process of the court,

administer oaths, file and preserve all papers, docket cases, set trials, and perform

other acts necessary to carry out the duties and responsibilities of the court. The clerk

shall receive, account for, and pay on a monthly basis to the city general fund all fines

and forfeited bonds paid into the court.
N.D. Cent. Code § 40-21-04 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-04
40-21-04. Annual election held in villages - Board of trustees to be inspectors
Status: repealed

40-21-04. Annual election held in villages - Board of trustees to be inspectors

Repealed by S.L. 1967, ch. 323, § 285.
N.D. Cent. Code § 40-49-23 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-23
40-49-23. Land transfers or abandonment
Status: in_force

40-49-23. Land transfers or abandonment

Any municipality or park district may abandon and discontinue as a park or recreational

area any land acquired by any municipality or park district for park and recreational purposes

under the provisions of section 11-27-08 or property conveyed pursuant to Public Law

No. 115-306 and any municipality or park district may sell, convey, or transfer any such lands

free from any restrictions as to their use for park and recreational purposes, except as otherwise

provided in Public Law No. 115-306.
N.D. Cent. Code § 40-11-07 — ND Code / Title 40 / Chapter 40-11 / Section 40-11-07
40-11-07. Effective date of ordinances
Status: in_force

40-11-07. Effective date of ordinances

Ordinances finally approved by the governing body of a municipality and which require

publication shall take effect and be in force from and after the publication thereof unless

otherwise expressly provided in the ordinance. Ordinances which do not require publication

shall take effect and be in force from and after the final approval thereof unless otherwise

expressly provided therein.
N.D. Cent. Code § 40-35-11 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-11
40-35-11. Validity of bonds
Status: in_force

40-35-11. Validity of bonds

Revenue bonds bearing the signatures of the appropriate officers who are in office on the

date of the signing thereof shall be valid and binding obligations notwithstanding that before the

delivery thereof and payment therefor any or all of the persons whose signatures appear

thereon shall have ceased to be officers of the municipality issuing the same. The validity of said

bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings

relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, or

extension of the undertaking for which said bonds are issued. The ordinance or resolution

authorizing said bonds may provide that the bonds shall contain a recital that they are issued

pursuant to this chapter, and such recital shall be conclusive evidence of their validity and of the

regularity of their issuance.
N.D. Cent. Code § 40-32-06 — ND Code / Title 40 / Chapter 40-32 / Section 40-32-06
40-32-06. Assessment of cost of improvement
Status: in_force

40-32-06. Assessment of cost of improvement

The expense of the improvement shall be assessed by the street commissioner against the

lots or parcels of land properly chargeable therewith, and such assessment shall be returned by

the street commissioner and filed in the city auditor's office. The city auditor shall cause such

assessment, together with a notice of the time when and place where the governing body will

meet to consider the approval thereof, to be published in one issue of the official newspaper of

the city at least ten days prior to the meeting of the governing body at which the approval of the

assessment will be considered.
N.D. Cent. Code § 40-48-38 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-38
40-48-38. Penalty for violations
Status: in_force

40-48-38. Penalty for violations

A person who violates any of the provisions of this chapter shall be guilty of a class A

misdemeanor.
N.D. Cent. Code § 40-51.2-11 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-11
40-51.2-11. Notice required
Status: in_force

40-51.2-11. Notice required

At the time the administrative law judge sets the time and place of hearing, the

administrative law judge shall direct the governing body of the annexing city to:

1. Publish a notice of the hearing and a copy of the petition, if the annexation was

initiated under section 40-51.2-07, at least once a week for two successive weeks in

the official newspaper of the city;

2. Mail a notice of the hearing and a copy of the petition, if the annexation was initiated

under section 40-51.2-07, to the owner of each parcel of real property in the area to be

annexed at the person's last-known mailing address;

3. Serve a copy of the notice and petition upon the chairman of the governing body of the

county and township, if organized, in which the territory to be annexed lies; and

4. Serve a copy of the notice and petition upon the head of the governing body of any

other city in whose extraterritorial zoning or subdivision regulation authority the land

area petitioned to be annexed is located.

The hearing must be held not less than thirty days after the first publication of the notice. Proof

of publication and service of the notice and petition must be filed with the administrative law

judge before the time of the hearing.
N.D. Cent. Code § 40-28-01 — ND Code / Title 40 / Chapter 40-28 / Section 40-28-01
40-28-01. Connections with sewers and other mains - Service connections
Status: in_force

40-28-01. Connections with sewers and other mains - Service connections

The governing body of a municipality, when it shall deem it necessary, by resolution, may

require the owners of all property abutting on any street, avenue, or alley to construct or cause

to be constructed, at the expense of and as a charge against the property fronting on such

street, avenue, or alley, the connections from any sewer, water main, gas main, steam or other

pipe, wire cable, conduit, or other service connection pipe or wire under the surface of such

street, avenue, or alley to a point inside of the curb line on either or both sides of such street,

avenue, or alley at such intervals along the whole length thereof as may be necessary to supply

and serve each lot, part of lot, or parcel of land in accordance with the municipal ordinance

governing the laying and construction of such connections. A resolution may be adopted

pursuant to this section requiring the service connection to be made at the time of the laying and

construction of the sewer, main, pipe, cable, conduit, or wire, as a part of the contract for laying

and constructing the same, or at any subsequent time.
N.D. Cent. Code § 40-34-06 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-06
40-34-06. Sinking fund for payment of interest and principal
Status: in_force

40-34-06. Sinking fund for payment of interest and principal

If a service rate is charged to the users of an improvement made under this chapter, a

sufficient portion of the moneys collected for such service shall be set aside as a sinking fund

for the payment of the interest on the bonds and the principal thereof at maturity, and shall

constitute a special fund which shall be used for no other purpose.
N.D. Cent. Code § 40-63-10 — ND Code / Title 40 / Chapter 40-63 / Section 40-63-10
40-63-10. Passthrough of tax exemption or credit
Status: in_force

40-63-10. Passthrough of tax exemption or credit

A partnership, subchapter S corporation, limited partnership, limited liability company, or any

other passthrough entity that purchases or leases property in a renaissance zone for any

business purpose, invests in a historic preservation or renovation of property within a

renaissance zone, or invests in a renaissance fund organization must be considered to be the

taxpayer for purposes of any investment limitations in sections 40-63-04, 40-63-06, and

40-63-07, and the amount of the exemption or credit allowed with respect to the entity's

investments must be determined at the passthrough entity level. The amount of the total

exemption or credit determined at the entity level must be passed through to the partners,

shareholders, or members in proportion to their respective interests in the passthrough entity.
N.D. Cent. Code § 40-28-09 — ND Code / Title 40 / Chapter 40-28 / Section 40-28-09
40-28-09. Contracts for making service connections - Execution - Contents
Status: in_force

40-28-09. Contracts for making service connections - Execution - Contents

A contract let under the provisions of this chapter shall require the work to be done pursuant

to the plans and specifications on file in the office of the city auditor, subject to the approval of

the engineer acting for the municipality, and shall provide further:

1. That the governing body shall have the right to suspend the work at any time for

improper construction and to relet the contract therefor or to order a reconstruction of

the work as to any part thereof improperly done;

2. The time within which the work shall be completed;

3. The period of time for which the work shall be guaranteed as to workmanship and

materials;

4. The fund from which the contract price is to be paid by the municipality;

5. That the consideration expressed in the contract is payable only in warrants drawn on

the fund described in the contract;

6. That the municipality assumes and incurs no general liability under such contract; and

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

specifications and acceptance of the job by the engineer shall not release the

contractor from liability for any failure on the contractor's part to perform work or

furnish materials in accordance with the plans and specifications.

Such contract shall be entered into in the name of the municipality and executed on its behalf by

its executive officer and countersigned by its auditor, and the seal of the municipality affixed

thereto. When the contract has been signed by the contractor, it shall be filed in the office of the

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

its progress.
N.D. Cent. Code § 40-22-37 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-37
40-22-37. Contractor shall be paid during progress of work - Retainage - Failure to pay - Rate of interest - Investment of retainage
Status: in_force

40-22-37. Contractor shall be paid during progress of work - Retainage - Failure to

pay - Rate of interest - Investment of retainage.

If the contractor to whom a contract is let properly performs the work therein designated, the

governing body, at least once in each calendar month during the continuance of such contract

work, shall meet, receive, and consider estimates furnished by the agent, engineer, or architect

acting for the municipality or if not so furnished, then by the contractor, and shall allow such

estimates in an amount of the estimated value of the labor and material furnished upon such

contract, and of the material then upon the ground for use in such contract, subject to retentions

equal to ten percent of each estimate presented until such time as the project is fifty percent

completed, with no further retainage on estimates during the continuance of the contract. The

governing body may, however, upon completion of ninety-five percent of the contract according

to the estimates, pay to the contractor ninety-five percent of the amount retained from previous

estimates. Any amount retained after ninety-five percent completion of the contract shall be paid

to the contractor in such amounts and at such times as are approved by the municipality, upon

estimates by its agent, engineer, or architect or the contractor, with final payment of all moneys

due to the contractor to be made immediately following completion and acceptance of the

project. The governing body, immediately after considering and allowing any such estimate,

shall certify and forward the same to the city auditor or other official having the power to draw

warrants, who forthwith shall draw a warrant upon the proper fund and transmit the same

promptly to the contractor entitled thereto. In case the governing body shall fail or neglect to

receive and allow such estimate or certify any estimate or final payment upon completion and

acceptance or the proper officer required to issue such warrant shall fail or neglect to issue a

warrant as provided herein, for a period of more than thirty days from the date of such estimate

or completion date, then said estimate or final payment, together with any retainage properly

payable, shall draw interest from its date at the rate per annum of two percentage points below

the Bank of North Dakota prime interest rate as set thirty days from the date of such estimate or

completion date until the issuance of a proper warrant therefor. Such interest shall be computed

and added to the face of said estimate, final payment, or retainage by the officer required to

issue such warrant, shall be included in the warrant when drawn, and shall be charged to the

fund from which payment for the improvement is to be made. On the amounts of estimates

retained, as provided herein, the governing board, authorized committee, or public body in

charge of such work may invest or deposit the retained amounts in any financial association or

institution in North Dakota earning interest or dividends for the benefit of the contractor. Any

amounts so invested or deposited shall remain in the name of the governing board, authorized

committee, or public body in charge of such work until final payment of all money due to the

contractor is to be made. Further, no contractor shall use such account in any manner

whatsoever until released and received by the contractor upon completion of the contract.
N.D. Cent. Code § 40-61-19 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-19
40-61-19. Inconsistent provisions in other acts superseded
Status: in_force

40-61-19. Inconsistent provisions in other acts superseded

Insofar as the provisions of this chapter are inconsistent with the provisions of any other act,

general or special, or of any local law of a city, the provisions of this title shall be controlling.
N.D. Cent. Code § 40-24-23 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-23
40-24-23. Matured improvement warrants or interest coupons may be used to pay special assessments
Status: in_force

40-24-23. Matured improvement warrants or interest coupons may be used to pay

special assessments.

Any matured special improvement warrant or interest coupon may be used in the payment

of special assessments levied for the payment of the improvement for which the warrant or

interest coupons were issued. The warrants or coupons so used shall be canceled and retired

by the city auditor.
N.D. Cent. Code § 40-33.1-14 — ND Code / Title 40 / Chapter 40-33.1 / Section 40-33.1-14
40-33.1-14. Remedies of noteholders
Status: in_force

40-33.1-14. Remedies of noteholders

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

any issue of the notes after the same shall become due, whether at maturity or upon

call for redemption, and such default shall continue for a period of thirty days, or in the

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

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

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

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

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

designates a different official, and proved or acknowledged in the same manner as a

deed to be recorded, may appoint a trustee to represent the holders of such notes for

the purposes herein provided.

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

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

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

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

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

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

under this chapter.

b. Bring suit upon such notes.

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

of an express trust for the holders of such notes.

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

violation of the rights of the holders of such notes.

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

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

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

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

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

laid in the county in which the authority is located.

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

give thirty days' notice in writing to an authority.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

derived from such project.

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

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

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

protection of their rights.
N.D. Cent. Code § 40-29-03 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-03
40-29-03. Notice to construct, rebuild, or repair sidewalks
Status: in_force

40-29-03. Notice to construct, rebuild, or repair sidewalks

Except as otherwise provided in this chapter, if the governing body deems it necessary to

construct, rebuild, or repair any sidewalk in the municipality, it shall notify each owner of record

at the last address shown in the recorder or the county treasurer or occupant of any lot or parcel

of land that would be benefited by the sidewalk to construct, rebuild, or repair the same at the

owner's own expense and subject to the approval of the street commissioner or city engineer,

within the time designated in the notice. The notice must be directed in the manner hereinbefore

provided to the owner of record or occupant and must set forth what work is to be done, the

character of the same as specified in the ordinance, and the time within which the owner is

required to do the work. The work must be done to the satisfaction of the street commissioner or

city engineer. The notice may be general as to the owner of record or occupant but must be

specific as to the description of the lot or parcel of ground to be benefited by the sidewalk that is

to be built or repaired. The street commissioner or city engineer shall serve such notice by

certified mail or delivering a copy thereof to the occupant or owner of record of each lot or parcel

of occupied land described in the notice, or as to the occupant by leaving a copy thereof at the

dwelling house upon such lot or parcel of land with some person over the age of fourteen years

residing therein. If any lot or parcel of land is not occupied and service by mail is deemed

impractical, the commissioner or city engineer may serve the notice by posting a copy thereof in

a conspicuous place therein or immediately in front thereof. If such sidewalk is not repaired

within the time fixed in such notice, the street commissioner or city engineer, as soon as

practicable, shall repair the same and certify the cost thereof, with the person's return of service

of the notice, to the city auditor, and the cost of such repairs must be paid out of the sidewalk

special fund.
N.D. Cent. Code § 40-48-15 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-15
40-48-15. Public officials to cooperate with planning commission
Status: in_force

40-48-15. Public officials to cooperate with planning commission

All public officials, upon request, shall furnish to the planning commission, within a

reasonable time after such request, such information as the commission may require in

connection with its work.
N.D. Cent. Code § 40-18.1-19 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-19
40-18.1-19. Appeals from determinations of municipal judge not in courts of record
Status: in_force

40-18.1-19. Appeals from determinations of municipal judge not in courts of record

1. For a case filed before July 1, 2026, an appeal may be taken to the district court from

a judgment of conviction or order deferring imposition of sentence in a municipal court

in accordance with the North Dakota Rules of Criminal Procedure.

2. An appeal is perfected by notice of appeal. A perfected appeal to the district court

transfers the action to the district court for trial anew. Failure to remove the case under

section 40-18.1-18 constitutes waiver of jury trial on appeal.

3. On all appeals from a determination in a municipal court, the district court shall take

judicial notice of all of the ordinances of the city.

4. A filing fee may not be required in district court for the filing of an appeal from a

judgment of conviction for the violation of a city ordinance.

5. Expenses necessary for the adequate defense of an indigent individual in an appeal to

the district court from a judgment of conviction for the violation of a municipal

ordinance, as approved by the presiding district judge, must be paid by the city where

the alleged offense took place.

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

retains jurisdiction for sentencing and enforcement.
N.D. Cent. Code § 40-23-14 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-14
40-23-14. Aggrieved person may file notice of appeal
Status: in_force

40-23-14. 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 special assessment commission 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 § 40-40-02 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-02
40-40-02. Definitions
Status: in_force

40-40-02. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Governing body" means the city council, board of city commissioners, park

commissioners, or city manager.

2. "Municipality" means any city or park district in this state.
N.D. Cent. Code § 40-45-16 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-16
40-45-16. Increase of assessments by city having police retirement system based upon actuarial tables
Status: in_force

40-45-16. Increase of assessments by city having police retirement system based

upon actuarial tables.

If the mill levy provided for in section 40-45-01, together with contributions from

beneficiaries and funds received from other sources as provided in this chapter, is inadequate or

insufficient to establish a retirement system based upon actuarial tables, the governing body, in

order to establish such system upon an actuarial basis, may increase the amount of the

contributions from beneficiaries.
N.D. Cent. Code § 40-55-10 — ND Code / Title 40 / Chapter 40-55 / Section 40-55-10
40-55-10. Public recreation under this chapter deemed governmental subdivision function
Status: in_force

40-55-10. Public recreation under this chapter deemed governmental subdivision

function.

The provision, conduct, operation, and maintenance of a system of public recreation under

the provisions of this chapter shall be a governmental function of municipalities, school districts,

or park districts.
N.D. Cent. Code § 40-47-11 — ND Code / Title 40 / Chapter 40-47 / Section 40-47-11
40-47-11. Determination of board of adjustment reviewable
Status: in_force

40-47-11. Determination of board of adjustment reviewable

Every decision of the board of adjustment is subject to review in the following manner:

1. A decision of the board of adjustment may be appealed to the governing body of the

city by either the aggrieved applicant or by any officer, department, board, or bureau of

the city. The appeal must be filed with the city auditor within fifteen days after notice of

the decision of the board of adjustment. The governing body of the city shall fix a time,

within thirty days, for the hearing of the appeal and shall give due notice of the hearing

to the parties. The governing body of the city shall decide the appeal within a

reasonable time. Any party may appear in person or by agent or by attorney at the

hearing of the governing body on the appeal. The governing body of the city may

reverse or affirm the decision of the board of adjustment, in whole or in part, or may

modify the order, decision, or determination appealed.

2. A decision of the governing body of the city on an appeal from a decision of the board

of adjustment may be appealed to the district court in the manner provided in section

28-34-01.
N.D. Cent. Code § 40-01-04 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-04
40-01-04. Vested rights
Status: in_force

40-01-04. Vested rights

All rights and property of every kind and description vested in any municipal corporation

previous to any change in its form of organization shall be vested in the same municipal

corporation upon its being incorporated under a different type of organization as provided by this

title. No rights or liabilities in favor of or against such corporation existing at the time of a change

in the form of its organization, and no action or prosecution of any kind shall be affected by such

change, but the same shall stand and progress as if no change had been made. When by

reason of a change in the form of organization, there is made available a different remedy which

is applicable to any right existing before such change became effective, such remedy shall be

additional to the remedies theretofore provided.
N.D. Cent. Code § 40-05-24 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-24
40-05-24. Duties of cities granting property tax incentives
Status: in_force

40-05-24. Duties of cities granting property tax incentives

1. Notwithstanding any other provision of law, before granting a property tax incentive on

any parcel of property that is anticipated to receive a property tax incentive for more

than five years, the governing body of a city shall send the chairman of each county

commission and the president of each school district affected by the property tax

incentive a letter, by certified mail, which provides notice of the terms of the proposed

property tax incentive.

2. Within thirty days from receipt of the letter, each affected county and school district

shall notify the city, in writing, whether the county or school district elects to participate

in granting the tax incentive on the county or school district portion of tax levied on the

property. The notification from a county or school district electing not to participate

must include a letter explaining any reason for which the entity elected not to

participate and whether the county or school district is willing to negotiate the terms of

the property tax incentive with the city.

3. If the city does not receive a response from an affected county or school district within

thirty days of delivery of the letter, the county and school district must be treated as

participating in the property tax incentive.

4. As used in this section:

a. "Negotiation" means the governing body of an affected county or school district

may negotiate the terms of participating in the tax incentive, including the duration

of the tax incentive and the taxable value selected for the base year for purposes

of computing tax increments.

b. "Property tax incentive" includes a tax increment finance district used to offset

public or private costs for urban renewal.

5. If an agreement is reached through negotiation under this section, the property tax

incentive must be applied in accordance with the agreement.

6. Property subject to a development agreement entered pursuant to section 40-58-20.1

before August 1, 2017, and all amendments to the development agreement, is not

subject to the requirements under this section. (Effective for property tax incentives

approved after July 31, 2017)
N.D. Cent. Code § 40-39-08 — ND Code / Title 40 / Chapter 40-39 / Section 40-39-08
40-39-08. Resolution to be published, filed, and recorded - Effect
Status: in_force

40-39-08. Resolution to be published, filed, and recorded - Effect

Before the resolution declaring the vacation of a public ground, street, or alley shall go into

effect, it shall be published as in the case of ordinances. A transcript of the resolution, duly

certified by the city auditor, shall be filed for record and duly recorded in the office of the

recorder of the county in which the municipality is situated, and such resolution thereafter shall

have the effect of conveying to the abutting property owners all of the right, title, and interest of

the municipality to the property vacated.
N.D. Cent. Code § 40-08-06.1 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-06.1
40-08-06.1. Terms of office under ten council members - Staggered terms provided for - Nominating petition requirements
Status: repealed

40-08-06.1. Terms of office under ten council members - Staggered terms provided for

- Nominating petition requirements.

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 40-27-11 — ND Code / Title 40 / Chapter 40-27 / Section 40-27-11
40-27-11. Special fund created for payment of refunding special assessment warrants or bonds - Procedure on paying refunded warrants or bonds
Status: in_force

40-27-11. Special fund created for payment of refunding special assessment warrants

or bonds - Procedure on paying refunded warrants or bonds.

A special fund or special funds shall be created in accordance with this section for the

payment of refunding special assessment warrants or bonds. Such special fund may be created

as a single consolidated fund for warrants or bonds issued to refund special assessment

warrants or bonds of more than one district, or a separate special fund may be created for

warrants or bonds issued to refund special assessment warrants or bonds of each district. In

either case, the refunded warrants or bonds shall not be canceled but shall be retained by the

municipality as an asset of the fund from which the refunding warrants or bonds are payable.

The special fund or funds from which the refunded warrants or bonds are payable shall be

continued, and payments therefrom shall be made on the warrants or bonds drawn thereon, in

the same manner as though none of such warrants or bonds had been refunded. All payments

made on the principal and on the interest of refunded warrants or bonds shall be credited to the

fund from which the appropriate refunding warrants or bonds are payable and shall be applied in

payment of the principal and on the interest on the refunding warrants or bonds in the manner

prescribed by the resolution authorizing the issuance of such refunding warrants or bonds. To

the extent refunding warrants or bonds are issued to refund the principal or interest, or both, of

warrants or bonds, due or to become due within one year, for which a deficiency exists or is

likely to exist in the fund or funds against which such outstanding warrants or bonds are drawn

due to nonpayment or anticipated nonpayment of special assessments, any payments of such

delinquent special assessments and such amounts of accrued interest and penalty thereon as

necessary shall be set aside for the payment or redemption of the refunding warrants or bonds

issued to fund such delinquencies.
N.D. Cent. Code § 40-05-02.1 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-02.1
40-05-02.1. Parking privileges for handicapped
Status: repealed

40-05-02.1. Parking privileges for handicapped

Repealed by S.L. 1967, ch. 293, § 5.
N.D. Cent. Code § 40-38-03 — ND Code / Title 40 / Chapter 40-38 / Section 40-38-03
40-38-03. Board of directors - Appointment - Term of office - Compensation - Filling vacancies - Organization
Status: in_force

40-38-03. Board of directors - Appointment - Term of office - Compensation - Filling

vacancies - Organization.

1. The governing body of a municipality that has established a public library and reading

room, or the board of county commissioners for a county library, shall appoint a board

of five directors who must be residents of the municipality or county, as the case may

be, to govern the library and reading room. One member of the governing body of the

municipality or designated representative must be a member of the board of directors

of a municipal library, and must be a resident of the municipality that establishes and

maintains the municipal library; and one member of the board of county

commissioners or designated representative must be a member of the county board of

directors.

2. The terms of office of the members of the first board of directors must be established

so one member holds office for one year, two members hold office for two years, and

two members hold office for three years. The members, at their first meeting, shall

determine the length of their respective terms by lot. Thereafter, the number of

directors required to fill expired terms must be appointed each year, and each director

may hold office for a term of three years from the first day of July in the year of

appointment and until a successor has been appointed. No member of the board may

serve for more than two consecutive terms, after which an interval of one year must

elapse before the same member may be reappointed. All vacancies on the board of

directors must be reported by the board to the governing body of the municipality or

the board of county commissioners, as the case may be, and must be filled thereby.

An appointment to fill an unexpired term may be for the residue of the term only.

3. The appointing authority shall establish the rate of compensation for directors and

actual expenses incurred by directors may be reimbursed at the official reimbursement

rates of the appointing authority.

4. Immediately after the appointment of its members, the board of directors shall meet

and organize by electing a president. The governing board of a municipality or county

establishing public library service may, in lieu of appointing a library board, contract

directly with a library board established by another governing body of a municipality or

county for the purpose of extending public library service.
N.D. Cent. Code § 40-48-30 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-30
40-48-30. Commission may secure releases of claims for damages or compensation - Effect
Status: in_force

40-48-30. Commission may secure releases of claims for damages or compensation -

Effect.

The commission, at any time, may negotiate for or secure from the owner or owners of any

lands described in any map releases of claims for damages or compensation for the

reservations shown in the resolution adopting such map or agreements indemnifying the

municipality or county from such claims by others. Such releases or agreements shall be

binding upon the owner or owners executing the same and upon their successors in title. The

commission, however, shall not make awards or fix compensation.
N.D. Cent. Code § 40-30-03 — ND Code / Title 40 / Chapter 40-30 / Section 40-30-03
40-30-03. Assessment for cost of streetlighting
Status: in_force

40-30-03. Assessment for cost of streetlighting

In conducting proceedings under this chapter, it shall not be necessary to establish any

separate lighting or improvement districts, and in assessing the benefits, no assessment shall

be made against any property other than that immediately contiguous to the streets or avenues

where such improvement is made.
N.D. Cent. Code § 40-14-05 — ND Code / Title 40 / Chapter 40-14 / Section 40-14-05
40-14-05. Term of appointive officers
Status: in_force

40-14-05. Term of appointive officers

The term of all appointive officers of a city operating under the council form of government

commences on the first day of July succeeding their appointment unless otherwise provided by

ordinance, and the officers shall hold their respective offices for two years, and until their

successors are appointed and qualified.
N.D. Cent. Code § 40-12-07 — ND Code / Title 40 / Chapter 40-12 / Section 40-12-07
40-12-07. Adoption of proposed ordinance - Effect - Repeal or amendment of initiated ordinance
Status: repealed

40-12-07. Adoption of proposed ordinance - Effect - Repeal or amendment of initiated

ordinance.

If a majority of the qualified electors voting on an initiated ordinance vote in favor thereof, it

shall become a valid and binding ordinance of the municipality. Any ordinance proposed by a

petition and adopted by a vote of the people cannot be repealed or amended except by a vote

of the people so long as the municipality remains under the commission system of government.
N.D. Cent. Code § 40-46-09 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-09
40-46-09. Who may be retired on pension - Amount paid to retiring employee
Status: in_force

40-46-09. Who may be retired on pension - Amount paid to retiring employee

Any appointed full-time employee, who shall be a member of a city employees' pension

fund, including librarians and other employees of a public library, and full-time employees of a

city recreation commission, of a city having an employees' pension fund who shall have served

two hundred forty months or more, whether or not consecutive, as an employee and shall have

reached the age of sixty years, or who, while employed by such city, shall suffer permanent

mental or physical disability so that the person is unable to discharge the person's duties, shall

be entitled to be retired. Upon retirement, the person shall be paid out of the pension fund of

such city a monthly pension of not to exceed sixty percent of one-twelfth of the person's highest

three-year average annual earnings as provided for in the plan adopted by the governing body

of the city. If any member shall have served two hundred forty months in such city employment

but shall not have reached the age of sixty years, the person shall be entitled to retirement, but

no pension shall be paid while the person lives until the person reaches the age of sixty years.
N.D. Cent. Code § 40-36-04 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-04
40-36-04. Refunding bonds authorized by resolution - Adoption - Taking effect
Status: in_force

40-36-04. Refunding bonds authorized by resolution - Adoption - Taking effect

Refunding bonds shall be authorized by resolution of the governing body of a municipality.

Such resolution may be adopted at a regular or special meeting, and at the same meeting at

which it is introduced, by the affirmative vote of a majority of all of the members of the governing

body, and shall take effect immediately upon the adoption thereof. No other proceedings or

procedure of any character whatever shall be required for the issuance of refunding bonds by

the municipality.
N.D. Cent. Code § 40-48-32 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-32
40-48-32. Resolution adopting street map - When effective - Notice - Contents - Protest
Status: in_force

40-48-32. Resolution adopting street map - When effective - Notice - Contents -

Protest.

The resolution of the governing body adopting any street map provided for in section

40-48-28 shall provide that it shall not become effective for forty days, and shall provide further

that it shall not become effective until a notice of the adoption of such resolution has been

published once each week for four successive weeks in the official newspaper of the city as

provided by section 40-01-09. The resolution and the notice shall state a time within which the

owners of property lying within or immediately adjoining the lines of the proposed future street

opening or widening, or between any future street line and the street nearest the public highway

may protest in writing against the adoption of the future street lines.
N.D. Cent. Code § 40-40-14 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-14
40-40-14. Municipal taxes collected to be credited to appropriate funds
Status: in_force

40-40-14. Municipal taxes collected to be credited to appropriate funds

The city auditor shall apportion the amounts received for taxes from the county treasurer

and shall credit each fund with its proportion or share according to the levy made by the

governing body of the municipality. The county treasurer, at the time of paying over such funds,

shall furnish the city auditor with a statement of the amount collected for each year separately,

and such amount shall be credited to the proper funds for the year for which it was collected.
N.D. Cent. Code § 40-32-08 — ND Code / Title 40 / Chapter 40-32 / Section 40-32-08
40-32-08. Boulevard assessment book - Entries - Review of assessments
Status: in_force

40-32-08. Boulevard assessment book - Entries - Review of assessments

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

book" and shall enter therein any assessment certified by the street commissioner as an

assessment against the lots or parcels of land adjoining the improvement made under the

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

same are known to the city auditor. At a regular meeting in October of each year, the governing

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

assessments as finally adjusted.
N.D. Cent. Code § 40-57-11 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-11
40-57-11. Bonds and receipts or certificates issued pending preparation of bonds - Negotiability
Status: in_force

40-57-11. Bonds and receipts or certificates issued pending preparation of bonds -

Negotiability.

Pending the preparation of the definitive bonds, interim certificates or receipts, in the form

and with the provisions the governing body may determine, may be issued pursuant to this

chapter. The bonds and interim receipts or certificates shall be negotiable within the meaning of

and for all purposes specified in title 41.
N.D. Cent. Code § 40-35-20 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-20
40-35-20. Construction
Status: in_force

40-35-20. Construction

The powers conferred by this chapter shall be in addition and supplemental to and not in

substitution for, and the limitations imposed by this chapter shall not affect the powers conferred

by, any other law. Revenue bonds may be issued under this chapter without regard to any other

provisions of the laws of this state. The undertaking may be acquired, purchased, constructed,

reconstructed, improved, bettered, and extended, and bonds may be issued under this chapter

for said purposes, notwithstanding that any other law may provide for the acquisition, purchase,

construction, reconstruction, improvement, betterment, and extension of a like undertaking or for

the issuance of bonds for like purposes, and without regard to the requirements, restrictions,

debt, or other limitations or other provisions contained in any other law, including, but not limited

to, any requirement for any restriction or limitation on the incurring of indebtedness or the

issuance of bonds. Insofar as the provisions of this chapter are inconsistent with any other law

of this state, the provisions of this chapter shall be controlling with reference to the issuance of

revenue bonds.
N.D. Cent. Code § 40-04-09 — ND Code / Title 40 / Chapter 40-04 / Section 40-04-09
40-04-09. City auditor to pass on sufficiency of petition to change from commission system of government
Status: in_force

40-04-09. City auditor to pass on sufficiency of petition to change from commission

system of government.

Within thirty days after a petition to change from the commission system of government is

filed, the city auditor shall examine the petition and ascertain whether or not the petition is

signed by the required number of qualified electors. The city auditor shall attach to the petition

the city auditor's certificate showing the result of the city auditor's examination, and if the city

auditor finds the petition to be insufficient the city auditor's certificate shall show the reason for

such determination. An insufficient petition may be amended within ten days after the city

auditor's certificate is made. Within thirty days after an amended petition is filed, the city auditor

shall make an examination thereof, and if the city auditor's certificate shows such amended

petition to be insufficient, it shall be returned to the person filing the same without prejudice to

the filing of a new petition. If the city auditor shall find the petition or the amended petition to be

sufficient, the city auditor shall place the same, with the city auditor's certificate, before the

governing body of the municipality.
N.D. Cent. Code § 40-18.1-15 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-15
40-18.1-15. Fines, fees, and forfeitures for violation of ordinances paid into city general fund
Status: in_force

40-18.1-15. Fines, fees, and forfeitures for violation of ordinances paid into city

general fund.

All fines, fees, penalties, and forfeitures collected for a violation of a city ordinance,

including those collected as a result of a judgment of a district court rendered under section

40-18.1-18, must be paid into the city's general fund.
N.D. Cent. Code § 40-63-03 — ND Code / Title 40 / Chapter 40-63 / Section 40-63-03
40-63-03. Renaissance zones
Status: in_force

40-63-03. Renaissance zones

1. A city may apply to the department of commerce division of community services to

designate a portion of that city as a renaissance zone if the following criteria are met:

a. The geographic area proposed for the renaissance zone is located wholly within

the boundaries of the city submitting the application.

b. The application includes a development plan.

c. The proposed renaissance zone is not more than thirty-four square blocks,

except in a city with a population of greater than five thousand the renaissance

zone may exceed thirty-four square blocks at the rate of one additional block for

each additional five thousand population to a maximum size of forty-nine blocks.

(1) Population is based upon the most recent federal decennial census or

federal census estimate.

(2) If a city finds that renaissance zone projects have satisfactorily completed

one or more blocks within the renaissance zone, the city may apply for and

the department of commerce division of community services may approve

withdrawal of those blocks from the renaissance zone and replacement of

those blocks with other blocks that otherwise meet the requirements of this

chapter.

d. Except as provided under subdivision g, the proposed renaissance zone has a

continuous boundary and all blocks are contiguous.

e. The proposed land usage includes both commercial and residential property.

f. The application includes the proposed duration of renaissance zone status, not to

exceed fifteen years.

(1) Upon application by the city, the department of commerce division of

community services may extend the duration of renaissance zone status in

increments of up to ten years.

(2) If a renaissance zone designated under this chapter expires, a city may

reapply for a subsequent renaissance zone in the same manner an original

renaissance zone is formed under this section.

(3) If a renaissance zone designated under this chapter expires, a city may

reapply for renewal of the formerly expired renaissance zone in the current

manner a renewal extension is granted by state law.

g. The proposed renaissance zone may have up to two exceptions to the

continuous boundary and contiguous block requirements under subdivision d if

the areas of the excepted noncontiguous blocks do not exceed three square

blocks each.

2. The department of commerce division of community services shall:

a. Review all applications for renaissance zone designation against the criteria

established in this section and designate zones.

b. Approve or reject the duration of renaissance zone status as submitted in an

application.

c. Approve or reject the geographic boundaries and total area of the renaissance

zone as submitted in an application.

d. Promote the renaissance zone program.

e. Monitor the progress of the designated renaissance zones against submitted

plans in an annual plan review.

f. Report on renaissance zone progress to the governor and the legislative

management on an annual basis until all designated zones expire.

3. The department of commerce division of community services shall consider the

following criteria in designating a renaissance zone:

a. The viability of the development plan.

b. The incorporation and enhancement of unique natural and historic features into

the development plan.

c. Whether the development plan is creative and innovative in comparison to other

applications.

d. Public and private commitment to and other resources available for the proposed

renaissance zone, including the provisions for a renaissance fund organization.

e. How renaissance zone designation would relate to a broader plan for the

community as a whole.

f. How the local regulatory burden, in particular that burden associated with the

renovation of historic properties and that burden associated with mixed use

development, will be eased for developers and investors in the renaissance zone.

g. The strategies for the promotion, development, and management of the zone,

including the use of a local zone authority if designated.

h. Any other information required by the office.

4. The department of commerce division of community services may not designate a

portion of a city as a renaissance zone unless, as a part of the application, the city

provides a resolution from the governing body of the city that states if the renaissance

zone designation is granted, persons and property within the renaissance zone are

exempt from taxes as provided in sections 40-63-04 through 40-63-07.

5. A city may not propose or be part of more than one renaissance zone.

6. a. A parcel of property may be exempted from property taxes under section

40-63-05 more than once. During the taxable years of eligibility for an exemption

from property taxes under section 40-63-05, the property tax exemption transfers

with the transfer of the property to a qualifying user. A parcel of property which

previously received a property tax exemption under section 40-63-05 may not be

eligible for a subsequent property tax exemption under section 40-63-05 until

thirty years have lapsed from the completion date of the most recent project on

the property.

b. The ownership or lease of, or investment in, a parcel of property may qualify for

exemption or credit under section 40-63-04 more than once. During the taxable

years of eligibility for an exemption or credit under section 40-63-04, the

exemption or credit transfers with the transfer of the property to a qualified user

and with respect to the year in which the transfer is made must be prorated for

use of the property during that year.

c. Taxpayers eligible for a property or income tax incentive under this chapter for

zone projects that are incomplete immediately preceding the expiration of the

renaissance zone designation in the area in which the zone project is located

may continue to receive the incentive for the time period during which the

taxpayer was originally eligible to receive the incentive.

d. For purposes of this subsection, the renaissance zone designation is considered

expired when the proposed duration of renaissance zone and any subsequently

granted extensions have lapsed.

7. A city may apply to the department of commerce division of community services at any

time during the duration of a zone to expand a previously approved renaissance zone

that is less than the maximum size allowed under subdivision c of subsection 1. If the

expansion is approved by the department of commerce division of community

services, the blocks in the expansion are eligible for up to fifteen years of renaissance

zone status.

8. The use of grant funds as the sole source of investment in the purchase of a building

or space in a building does not qualify a taxpayer for any tax exemption or credit

available under the chapter, and grant funds may not be counted in determining if the

cost of rehabilitation meets or exceeds the current true and full value of the building.

9. If a portion of an approved renaissance zone is not progressing, the city may request

the department of commerce division of community services to permit deleting that

portion and to make an adjustment of the boundaries to add another equal, contiguous

area to the original zone.

10. If within a renaissance zone there is property that is included in a tax increment

financing district, the city in which the property is located shall provide the department

of commerce an annual report regarding any such property at the time requested by

the department of commerce. The report required under this subsection must identify

the property, provide the expected duration of inclusion of the property in the tax

increment financing district and the renaissance zone, and identify any property and

income tax benefits of the property and the expected duration of those benefits. The

department of commerce shall deliver an annual report compiling the information

required under this subsection to the legislative management interim committee on

taxation issues or upon request of any other interim committee of the legislative

management.
N.D. Cent. Code § 40-08-03.1 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-03.1
40-08-03.1. Change to ten council members and mayor - Petition required
Status: repealed

40-08-03.1. Change to ten council members and mayor - Petition required

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 40-40-08 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-08
40-40-08. Hearing of protests and objections - Changes in preliminary budget - Preparation of final budget - Contents
Status: in_force

40-40-08. Hearing of protests and objections - Changes in preliminary budget -

Preparation of final budget - Contents.

The governing body shall meet at the time and place set pursuant to section 40-40-06 and

shall hear any and all protests or objections to the items or amounts set forth in the preliminary

budget statement. At the hearing, the governing body shall make any changes in the items or

amounts shown on the preliminary budget statement as it may deem advisable except as limited

in this chapter, and shall prepare the final budget, which must consist of the preliminary budget

with the addition of columns showing:

1. The final appropriations for the various expenditure items specified in the preliminary

budget statement. The final appropriation of any fund total may not exceed the total

amount requested in the preliminary budget.

2. The estimated amount of unencumbered cash on hand at the end of the current year

may not include cash or investments of the equipment replacement fund as provided

in section 40-40-05.

3. The levy amount determined by subtracting the total resources from the total

appropriations and cash reserve for each fund. The governing body may increase the

levy an additional five percent for delinquent tax collections.

4. The certificate of levy which includes a summary of the amount levied for each fund

and the total amount levied.
N.D. Cent. Code § 40-57.4-05 — ND Code / Title 40 / Chapter 40-57.4 / Section 40-57.4-05
40-57.4-05. Dedication of tax revenues
Status: in_force

40-57.4-05. Dedication of tax revenues

The governing body of a city may dedicate any portion of revenues from the tax authorized

under this chapter to payment of any loan entered or grant awarded for any purpose necessary

or convenient to carry into effect the objective of the authority established by this chapter.
N.D. Cent. Code § 40-54-10 — ND Code / Title 40 / Chapter 40-54 / Section 40-54-10
40-54-10. Gravel assessment warrants - How paid - Interest - Contents
Status: in_force

40-54-10. Gravel assessment warrants - How paid - Interest - Contents

All gravel assessment warrants shall be payable as specified and in such amounts as in the

judgment of the governing body will be provided by such special assessments. The warrants

shall bear interest at a rate or rates and be sold at a price resulting in average net interest cost

not exceeding twelve percent per annum if sold privately. There is no interest rate ceiling on

warrants sold at public sale or to the state of North Dakota or any of its agencies or

instrumentalities. The warrants may have coupons attached representing each interest

payment. The warrants shall state on their face the purpose for which they were issued, and

from what fund they are payable, and shall be signed by the executive officer and countersigned

by the city auditor under the seal of the municipality. The warrants shall be used in making

payment on the contract for the furnishing of gravel, or may be sold for cash at not less than

ninety-eight percent of the par value thereof, and proceeds credited to the special fund and

used to pay for the gravel project.
N.D. Cent. Code § 40-05-09.2 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-09.2
40-05-09.2. Contracting for fire protection service
Status: in_force

40-05-09.2. Contracting for fire protection service

Any city may contract with a nonprofit corporation for the provision of fire protection and

firefighting services if the nonprofit corporation has been in existence and has provided fire

protection and firefighting services to the contracting city for a period of not less than twenty

years.

The governing body of the city may provide funding from revenues derived from its general

fund levy authority for contracted fire protection services and may also expend moneys

otherwise available for the provision of such service.
N.D. Cent. Code § 40-57-20 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-20
40-57-20. Declaration and finding of public purpose
Status: in_force

40-57-20. Declaration and finding of public purpose

The legislative assembly declares and finds that it is and has been the purpose of this

chapter to sanction, authorize, and encourage activities in the public interest and for the welfare

of the state, its municipal subdivisions, and people by assisting establishment of additional

industrial plants and activities within the state and increasing production of wealth and adding to

the volume of employment, particularly during those seasons when employment in farming and

ranching is slack, thus alleviating unemployment among the people of the state.
N.D. Cent. Code § 40-16-06 — ND Code / Title 40 / Chapter 40-16 / Section 40-16-06
40-16-06. Claims and demands against city filed with auditor - Duty of auditor
Status: in_force

40-16-06. Claims and demands against city filed with auditor - Duty of auditor

All claims and demands against a city, whether founded on contract or otherwise, and to be

paid from any fund, including a municipal utilities fund, shall be filed with the city auditor. The

city auditor shall examine each claim filed and determine whether or not it is properly itemized

and certified in the form prescribed in section 54-14-04. If a claim is filed on a contract, the city

auditor shall determine whether or not the items charged are correct and were incurred by

proper authority. The auditor shall endorse the auditor's approval upon any claim that the auditor

finds to be correct. If the city auditor disapproves any claim in whole or in part, the auditor shall

report the auditor's reasons therefor to the governing body. The city auditor shall report all

evidence taken by the auditor in connection with any claim. No claim shall be considered by the

governing body until it shall have been examined and reported upon by the auditor and audited

and adjusted by the proper committee or member of the governing body.
N.D. Cent. Code § 40-05-25 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-25
40-05-25. Cooperative purchasing - Authorized
Status: in_force

40-05-25. Cooperative purchasing - Authorized

With the approval of the board of city commissioners or the city council, a city may

participate in cooperative purchasing agreements with the state, or another political subdivision

of this state or any other state, by executing a joint-powers agreement under chapter 54-40.3.

This section does not apply to construction of a public improvement as defined in
N.D. Cent. Code § 40-49-10 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-10
40-49-10. Members of board of park commissioners may receive compensation - Interest in contracts restricted
Status: in_force

40-49-10. Members of board of park commissioners may receive compensation -

Interest in contracts restricted.

The members of the board of park commissioners are entitled to receive compensation for

their services in the amount approved by the board in the park district annual budget. A park

board member may not be directly or indirectly interested in any contract requiring the

expenditure of park district funds unless the contract has been approved by two-thirds of the

park board. Before the contract is approved, a motion must be made and approved that the

service or property is not readily available elsewhere at equal cost. Regardless of this section,

any park board, by resolution duly adopted, may contract with park board members for minor

supplies or incidental expenses.
N.D. Cent. Code § 40-16-11 — ND Code / Title 40 / Chapter 40-16 / Section 40-16-11
40-16-11. Funds - Controlled by governing body - Exceptions - Disbursement on order
Status: in_force

40-16-11. Funds - Controlled by governing body - Exceptions - Disbursement on

order.

All funds in the city treasury, except school funds, funds created and set apart for the

payment of interest and principal of the debt of the city, and funds collected on special

assessments, shall be under the control of the governing body of the city and shall be drawn out

when authorized by a vote of the governing body, upon the order of the executive officer

countersigned by the city auditor.
N.D. Cent. Code § 40-62-05 — ND Code / Title 40 / Chapter 40-62 / Section 40-62-05
40-62-05. Use of mall or skyways
Status: in_force

40-62-05. Use of mall or skyways

The jurisdiction of the city to make a pedestrian mall improvement or to construct skyways,

when established in the manner provided by law, shall include jurisdiction to establish by

ordinance and from time to time amend reasonable regulations for the use of the mall or

skyways, conforming to the following provisions:

1. Vehicles may be permitted within the pedestrian mall in designated driving and parking

lanes as determined by the governing body.

2. The owners and occupants of all properties abutting upon the mall which have access

to no other street or alley for delivery or receipt of merchandise and materials shall be

permitted to use the mall during such days and hours, which need not be ordinary

business days or hours, and in such manner and over such distance, as the governing

body shall find to be reasonably adequate for this purpose and to be possible without

interfering with use by pedestrians and by emergency and other vehicles for which use

is permitted.

3. The regulations may permit use for any purpose or activity which will enhance the

freedom of movement, safety, convenience, or enjoyment of pedestrians, including but

not limited to, seating, sidewalk cafes, displays of merchandise, exhibits, advertising,

telephones, transit, transit stops and shelters, newsstands, plantings, ornaments,

protection from the elements, emergency vehicles, and police and fire equipment.

4. The governing body may adopt a use plan prepared by city officers or consultants,

providing for the location and distribution within the mall of furniture, sculpture,

pedestrian traffic control devices, trees, flowers, lighting or heating facilities, and any

other equipment or properties placed or installed in the mall, whether owned by the

city or others, and may license and regulate the operation and maintenance thereof.

5. Any furniture, structure, facility, or use located or permitted pursuant to such a plan

shall not, by reason of such location or use, be deemed a nuisance or unlawful

obstruction or condition, and neither the city nor any user acting under permit shall be

liable for any injury to person or property therefor unless directly caused by its own

negligence or that of its employees in the construction, maintenance, or operation of

such furniture, structure, facility, or use.

6. The regulations for skyways may establish reasonable hours for use, permit closure

during hours of nonuse, prohibit use of the skyway for nonpublic purposes, and

provide methods necessary to prevent vandalism and other unauthorized use of the

skyway.
N.D. Cent. Code § 40-43-02 — ND Code / Title 40 / Chapter 40-43 / Section 40-43-02
40-43-02. Compromise of judgments against municipalities - Tax levy to pay reduced judgment - Tax limitations not applicable
Status: repealed

40-43-02. Compromise of judgments against municipalities - Tax levy to pay reduced

judgment - Tax limitations not applicable.

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 40-32-02 — ND Code / Title 40 / Chapter 40-32 / Section 40-32-02
40-32-02. Service of notice to construct or repair
Status: in_force

40-32-02. Service of notice to construct or repair

The street commissioner shall serve the notice provided in section 40-32-01 or cause the

same to be served by leaving a copy thereof at the dwelling house on such lot or parcel of land

with some person over the age of fourteen years residing therein, or, if the lot or parcel of land is

unoccupied, by posting a copy of the notice in a conspicuous place on the land or immediately

in front thereof.
N.D. Cent. Code § 40-29-21 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-21
40-29-21. Priority
Status: in_force

40-29-21. Priority

From the time any assessment list provided for in this chapter is approved by the governing

body, the assessment, with interest and penalties thereon, shall be and remain a permanent lien

upon the property upon which the assessment is levied until the assessment is paid in full, and it

shall have precedence over all other liens except general taxes. Such lien shall not be divested

by any judicial sale, and no mistake in the description of the property assessed nor in the name

of the owner thereof shall defeat such lien if the property assessed can be identified by the

description in the assessment list.
N.D. Cent. Code § 40-33.2-11 — ND Code / Title 40 / Chapter 40-33.2 / Section 40-33.2-11
40-33.2-11. Joint exercise of powers
Status: in_force

40-33.2-11. Joint exercise of powers

Any power or powers exercised or capable of exercise by a city with respect to its electric

utility system, or any project, or by a municipal power agency, may be exercised jointly with any

other public agency having such power or powers. In furtherance of joint exercise of powers, a

city or municipal power agency may enter into an agreement with one or more public agencies

for joint or cooperative action pursuant to this section, including the creation of a separate entity

to carry out the purpose of the agreement. Appropriate action, by resolution or otherwise

pursuant to law of the governing bodies of the cities, municipal power agencies, or other public

agencies involved in authorizing or approving the agreement, shall be necessary before any

agreement may become effective. Any agreement shall specify its duration, the precise

organization, composition, and nature of any separate legal or administrative entity created,

together with the powers delegated, its purpose or purposes, the manner of financing the joint or

cooperative undertaking, the permissible method or methods to be employed in accomplishing

the termination of the agreement and for disposing of property upon termination, and any other

matters deemed necessary or appropriate. In addition, the agreement may provide for the joint

or cooperative undertaking through the use of a separate legal entity already in existence. No

agreement pursuant to this section shall relieve any city or municipal power agency of any

obligation or responsibility imposed upon it by law except to the extent of actual and timely

performance of the agreement by another party to the agreement or by a legal or administrative

entity created by the agreement, which performance may be offered in satisfaction of the

obligation or responsibility. Agreements pursuant to this section shall not be subject to any of the

provisions, limitations, or restrictions contained in chapter 54-40.
N.D. Cent. Code § 40-06-07 — ND Code / Title 40 / Chapter 40-06 / Section 40-06-07
40-06-07. Exercise of power through ordinance when method of procedure not set out
Status: in_force

40-06-07. Exercise of power through ordinance when method of procedure not set

out.

The governing body of a municipality may provide by ordinance the details necessary for

the full exercise of any power conferred upon it by any law of this state when the manner of

exercising such power is not specified otherwise.
N.D. Cent. Code § 40-13-09 — ND Code / Title 40 / Chapter 40-13 / Section 40-13-09
40-13-09. Vacancies to be filled for unexpired term
Status: in_force

40-13-09. Vacancies to be filled for unexpired term

Unless otherwise specifically provided in this title, every person elected or appointed to fill a

vacancy in a municipal office shall hold the office and discharge the duties thereof for the

unexpired term.
N.D. Cent. Code § 40-33.1-12 — ND Code / Title 40 / Chapter 40-33.1 / Section 40-33.1-12
40-33.1-12. Tax exemptions
Status: in_force

40-33.1-12. Tax exemptions

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

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

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

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

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

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

or upon its activities.

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

therefrom, as well as the property of an authority and income from any other source,

shall be exempt from taxation, except for transfer and estate taxes.
N.D. Cent. Code § 40-25-01 — ND Code / Title 40 / Chapter 40-25 / Section 40-25-01
40-25-01. Sale of real property to enforce collections of delinquent special assessments
Status: in_force

40-25-01. Sale of real property to enforce collections of delinquent special

assessments.

Real property shall be sold to enforce the collection of special assessments or installments

of special assessments which have become delinquent at the same time and in the same

manner as is provided in title 57 for the sale of real property for delinquent general taxes. The

sale shall be made by the same officer and upon like notice and subject to the same provision in

relation to redemption, and the same record thereof shall be kept by the officer making the sale

as in the case of the sale of real property for delinquent general taxes.
N.D. Cent. Code § 40-45-03 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-03
40-45-03. Composition and membership
Status: in_force

40-45-03. Composition and membership

The governing body of the city may adopt ordinances relating to the composition of and

membership in police pension systems subject to the provisions of this chapter.
N.D. Cent. Code § 40-11-05 — ND Code / Title 40 / Chapter 40-11 / Section 40-11-05
40-11-05. Ordinances and resolutions adopted in council cities - Mayor's veto power - Reconsideration after veto
Status: in_force

40-11-05. Ordinances and resolutions adopted in council cities - Mayor's veto power -

Reconsideration after veto.

An ordinance or resolution adopted by the city council of a city operating under the council

form of government is not enacted until the ordinance or resolution is approved by the mayor or

passed over the mayor's veto. An ordinance or resolution passed by the governing body of a

city operating under the council form of government must be deposited in the office of the city

auditor for the approval of the mayor. If the mayor approves the ordinance or resolution, the

mayor shall sign the ordinance or resolution. An ordinance or resolution not approved by the

mayor must be returned by the mayor with the mayor's objections in writing to the next regular

or special meeting of the council occurring not less than five days after the passage of the

ordinance or resolution. The veto may extend to an entire ordinance or resolution or to any one

or more items or appropriations contained in any ordinance or resolution making an

appropriation. If a veto extends to only a part of an ordinance or resolution, the residue takes

effect. If the mayor fails to return any ordinance or resolution with the mayor's objections within

the time specified in this section, the mayor is deemed to have approved the ordinance or

resolution. Any veto of an ordinance or resolution may be overridden by the city council, if

two-thirds of its members pass a motion to override the veto. Upon such action, the ordinance

or resolution is effective notwithstanding the veto. The vote to pass an ordinance or resolution

over the mayor's veto must be taken by yeas and nays and entered in the journal.
N.D. Cent. Code § 40-01-22 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-22
40-01-22. Antitrust immunity of cities and city governing bodies
Status: in_force

40-01-22. Antitrust immunity of cities and city governing bodies

All immunity of the state from the provisions of the Sherman Antitrust Act [Act July 2, 1890,

c.647; 26 Stat. 209; 15 U.S.C. 1 et seq.] is hereby extended to any city or city governing body

acting within the scope of the grants of authority contained in sections 40-05-01, 40-05-02, and
N.D. Cent. Code § 40-33-24 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-24
40-33-24. Funds of jointly operated utilities
Status: in_force

40-33-24. Funds of jointly operated utilities

All funds of any jointly operated utility as provided in section 40-33-22 shall not be subject to

the provisions of sections 40-33-10 and 40-33-11, but shall be kept separate and apart from all

other funds of any participating municipality and shall be disbursed in the manner provided by

the governing board thereof.
N.D. Cent. Code § 40-18.1-01 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-01
40-18.1-01. Establishment of a municipal court
Status: in_force

40-18.1-01. Establishment of a municipal court

1. The governing body of a city may, by ordinance or resolution, establish a municipal

court which is a part of the unified judicial system of this state. The supreme court may

supervise and sanction municipal courts and municipal court judges. A staff attorney

with the state court administrator's office may advise a municipal court judge and clerk

on an administrative and procedural court issue.

2. The governing body shall, by ordinance, provide for the election of at least one

full-time or part-time judge.

3. A city that establishes a municipal court shall provide:

a. Facilities for the use of the municipal court to conduct trials, hearings, and other

necessary duties; and

b. Necessary supplies and technology and sufficient clerical and nonjudicial support

personnel to assist the municipal judge.

4. Municipal court must be held at the time and place designated by the municipal judge.

The court schedule must be posted publicly by filing the notice with the city auditor's

office and posting the notice on the city's website if the city has a website.

5. Two or more cities, by resolution, may enter an agreement establishing a single joint

municipal court. A copy of the agreement must be filed with the state court

administrator. The agreement must include the name of the joint municipal court. As

used in this chapter, "municipal court" includes a joint municipal court.

6. Two or more cities, by resolution, may enter an agreement to provide jointly for

courtrooms, chambers, equipment, supplies, and staff for municipal courts and agree

to elect judges without establishing a joint municipal court. A copy of the agreement

must be filed with the state court administrator. If municipal courts share facilities and

resources in this manner, the identities of the individual courts must be expressed in

the case caption.

7. An agreement under subsection 5 or 6 may be terminated in the manner provided in

the agreement. If the agreement does not include a provision for termination, the

agreement may be terminated by any party upon the provision of not fewer than thirty

days notice to the governing bodies.

8. Beginning July 1, 2026, the municipal court is a court of record.
N.D. Cent. Code § 40-06-06 — ND Code / Title 40 / Chapter 40-06 / Section 40-06-06
40-06-06. Conviction of bribery - Office deemed vacant
Status: in_force

40-06-06. Conviction of bribery - Office deemed vacant

Any member of a city governing body convicted of bribery shall be deemed to have vacated

that member's office.
N.D. Cent. Code § 40-20-06 — ND Code / Title 40 / Chapter 40-20 / Section 40-20-06
40-20-06. Arrest by chief of police or policeman outside of city - Fees
Status: in_force

40-20-06. Arrest by chief of police or policeman outside of city - Fees

No chief of police or policeman shall receive any fee for going outside of the city to make an

arrest for violation of a state law unless the board of county commissioners is satisfied that a

delay in obtaining the sheriff or a sheriff's deputy to make the arrest would have permitted an

escape.
N.D. Cent. Code § 40-24-05 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-05
40-24-05. Water main and waterworks special assessments extended over a period of not more than thirty years
Status: in_force

40-24-05. Water main and waterworks special assessments extended over a period of

not more than thirty years.

Special assessments for the payment of the cost of constructing or laying any water mains

or constructing any waterworks shall be payable in equal annual amounts, or in such annual

amounts as will permit the annual increase in payment of principal to approximate the annual

decrease in the interest on amounts remaining unpaid, extending over a period of not more than

thirty years as the governing body may fix by ordinance or resolution.