N.D. Cent. Code § 40-29-18 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-18
40-29-18. Snow and ice removal from sidewalks - Assessment - Street commissioner to make and file assessment list
Status: in_force

40-29-18. Snow and ice removal from sidewalks - Assessment - Street commissioner

to make and file assessment list.

If snow and ice are not removed from sidewalks within the time and in the manner provided

by the ordinances of the municipality, the snow and ice may be removed by or under the

direction of the street commissioner and the necessary expense thereof shall be chargeable

against the abutting property. Annually, on or before May first, the street commissioner shall

make and file in the office of the city auditor a list showing separately the amount chargeable

and assessed against each lot and tract and stating the name of the owner of each such lot or

tract so far as known to the street commissioner.
N.D. Cent. Code § 40-38-10 — ND Code / Title 40 / Chapter 40-38 / Section 40-38-10
40-38-10. Contributions by political subdivision to establishment of library without election authorized
Status: repealed

40-38-10. Contributions by political subdivision to establishment of library without

election authorized.

Repealed by S.L. 2023, ch. 477, § 6.
N.D. Cent. Code § 40-09-03 — ND Code / Title 40 / Chapter 40-09 / Section 40-09-03
40-09-03. Regulations governing election of commissioners
Status: in_force

40-09-03. Regulations governing election of commissioners

The members of the board of city commissioners must be elected at large and not by

wards. Each voter may vote for one of the candidates for the office of president of the board of

city commissioners and for as many candidates for the office of city commissioner as there are

commissioners to be elected. Candidates for the city commission may run for either the office of

city commissioner or the office of president of the board of city commissioners but not both in

the same election. A candidate may run for only one office in a city at any given election.
N.D. Cent. Code § 40-40-18 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-18
40-40-18. Amounts taken from various funds and borrowings to meet emergency - Vote required - Contents of resolution
Status: in_force

40-40-18. Amounts taken from various funds and borrowings to meet emergency -

Vote required - Contents of resolution.

Upon the happening of any emergency caused by the destruction or impairment of any

municipal property necessary for the conduct of the affairs of the municipality, or by epidemic or

threatened epidemic, or by the entry by a court of competent jurisdiction of a judgment for

damages against the municipality, the governing body may meet any such emergency in the

manner provided in this section. If there is a sufficient unexpended balance in any fund or funds

except funds established for debt retirement to provide for the emergency, the governing body,

by a resolution adopted by the vote of two-thirds of the members present at any meeting, or, if

the governing body consists of less than three members, by a unanimous vote of all the

members thereof, may take the amount necessary to meet the emergency from any such fund

or funds. If the municipality has not reached its debt limit, the governing body, by the vote

required to take moneys from a designated fund, may order its executive officer and financial

committee to borrow an amount sufficient to meet the emergency. Any amount so borrowed

must be for a time not to extend beyond the close of the fiscal year, and such amount and the

interest thereon must be a part of the next budget. The resolution authorizing any emergency

expenditure must recite the facts showing the existence of an emergency of the kind specified in

this section.
N.D. Cent. Code § 40-57.1-07 — ND Code / Title 40 / Chapter 40-57.1 / Section 40-57.1-07
40-57.1-07. Exemptions - Time for making application
Status: in_force

40-57.1-07. Exemptions - Time for making application

1. No property tax exemption shall be granted under this chapter unless the application

for it is granted as provided in this chapter prior to the commencement of construction

of the project as that term is defined in section 40-57.1-02 or prior to occupancy by the

project operator if the project is an existing building.

2. Application for an income tax exemption as provided in this chapter must be made by

the project operator no later than one year after the commencement of project

operations.
N.D. Cent. Code § 40-21-16 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-16
40-21-16. Special elections conducted in same manner as general elections
Status: in_force

40-21-16. Special elections conducted in same manner as general elections

Special municipal elections to fill vacancies or for any other purpose must be held and

conducted by the inspectors and judges of election of the several polling places in the same

manner and the returns must be made in the same form and manner as at regular municipal

elections.
N.D. Cent. Code § 40-53.1-10 — ND Code / Title 40 / Chapter 40-53.1 / Section 40-53.1-10
40-53.1-10. Dissolution by district court - Application
Status: in_force

40-53.1-10. Dissolution by district court - Application

Any city not subject to dissolution under existing laws may be dissolved by the district court

upon presentation of an application by the state's attorney of the county. The application shall

contain:

1. The name of the city.

2. The date of incorporation.

3. Boundaries.

4. Original plat and additions thereto.

5. Names of the officers.

6. Assets.

7. Debts.

8. A general statement of the reasons for dissolution.
N.D. Cent. Code § 40-58-08 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-08
40-58-08. Eminent domain
Status: repealed

40-58-08. Eminent domain

Repealed by S.L. 2007, ch. 293, § 46.
N.D. Cent. Code § 40-33-27 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-27
40-33-27. Municipal transportation system - Bonds
Status: in_force

40-33-27. Municipal transportation system - Bonds

Upon the passage of a resolution as set forth in section 40-33-26, the municipality shall

proceed in the manner set forth in chapter 21-03 for the issuance of the amount of general

obligation bonds provided in said resolution, and if and when the issuance of general obligation

bonds is authorized by the vote of the electors of the municipality as in said chapter provided, it

shall proceed as provided in chapter 40-35, for the issuance of the amount of revenue bonds

provided in said resolution. In all resolutions and notices of election in connection with the

issuance of general obligation bonds, reference shall be made to the amount of revenue bonds

which the municipality proposes to issue for the purpose in addition to the general obligation

bonds.
N.D. Cent. Code § 40-63-06 — ND Code / Title 40 / Chapter 40-63 / Section 40-63-06
40-63-06. Historic preservation and renovation tax credit
Status: in_force

40-63-06. Historic preservation and renovation tax credit

A credit against state tax liability as determined under sections 57-38-30 and 57-38-30.3 is

allowed for investments in the historic preservation or renovation of property within the

renaissance zone. The amount of the credit is twenty-five percent of the amount invested, up to

a maximum of two hundred fifty thousand dollars. The credit may be claimed in the year in

which the preservation or renovation is completed. Any excess credit may be carried forward for

a period of up to five taxable years.
N.D. Cent. Code § 40-01-17 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-17
40-01-17. County treasurers' duties relating to municipality located in more than one county
Status: in_force

40-01-17. County treasurers' duties relating to municipality located in more than one

county.

If a municipality contains territory located in more than one county, the county treasurer of

each county in which such municipality is located shall perform the same duties in relation to all

property returned as assessed by the municipality in the county of which the treasurer is an

officer as the treasurer performs with relation to property situated in a municipality wholly within

such county.
N.D. Cent. Code § 40-57.3-01 — ND Code / Title 40 / Chapter 40-57.3 / Section 40-57.3-01
40-57.3-01. City lodging tax - Imposition - Amount - Disposition
Status: in_force

40-57.3-01. City lodging tax - Imposition - Amount - Disposition

The governing body of any city, by ordinance, may impose a city tax, not to exceed two

percent, upon the gross receipts of retailers on the leasing or renting of hotel, motel, or other

accommodations within the city for periods of fewer than thirty consecutive calendar days or one

month. The tax imposed by this section must be in addition to the state sales tax on rental

accommodations provided in chapter 57-39.2 and any city that imposes the tax upon gross

receipts described in this section shall deposit all proceeds in the city visitors' promotion fund.

Moneys deposited in the city visitors' promotion fund must be spent only as provided in this

chapter. This chapter applies to all cities and does not limit the authority of a home rule city to

levy any taxes authorized by other provisions of law.
N.D. Cent. Code § 40-57.1-01 — ND Code / Title 40 / Chapter 40-57.1 / Section 40-57.1-01
40-57.1-01. Declaration and finding of public purpose
Status: in_force

40-57.1-01. Declaration and finding of public purpose

The legislative assembly declares and finds that it is and has been its purpose in preparing

and adopting the provisions of this chapter to sanction, authorize, and encourage activities in

the public interest and for the welfare of the state, its subdivisions, and people by assisting in

the establishment of additional industrial plants, the expansion and retention of existing

business, and promotion of economic activities within the state and thereby 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.

It is the intent of the legislative assembly that political subdivisions and the state board of

equalization in their determination of whether the tax exemptions authorized by this chapter

shall be granted shall give due weight to their impact and effect upon existing industry and

business to the end that an unfair advantage shall not be given to new or expanded enterprises

which is to the substantial detriment of existing enterprises.
N.D. Cent. Code § 40-16-15 — ND Code / Title 40 / Chapter 40-16 / Section 40-16-15
40-16-15. Assume the duties of the city treasurer
Status: in_force

40-16-15. Assume the duties of the city treasurer

The city auditor shall assume all functions and duties of the city treasurer when indicated in

other chapters of the code.
N.D. Cent. Code § 40-20-04 — ND Code / Title 40 / Chapter 40-20 / Section 40-20-04
40-20-04. When city engineer or chief of police to be street commissioner
Status: in_force

40-20-04. When city engineer or chief of police to be street commissioner

In cities having no street commissioner, the city engineer shall perform the duties and have

the authority of street commissioner, and in cities having no street commissioner or city

engineer, the chief of police shall perform the duties and have the authority of street

commissioner.
N.D. Cent. Code § 40-33-11 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-11
40-33-11. Payments out of municipal utilities fund - Limitations
Status: in_force

40-33-11. Payments out of municipal utilities fund - Limitations

Upon proper orders or warrants issued upon the authority of the governing body of the

municipality, there shall be paid out of the municipal utilities fund all sums necessary for the

operation, maintenance, enlargement, repair, alteration, improvement, and extension of the

plant or plants of which the earnings go into the fund, but no municipality shall pay out of nor

divert from the fund any sum for any other purpose except as provided in section 40-33-12.
N.D. Cent. Code § 40-21-14 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-14
40-21-14. City auditor to notify of election or appointments
Status: in_force

40-21-14. City auditor to notify of election or appointments

The city auditor, within five days after the result of an election is declared or the

appointment of an officer is made within the municipality, shall notify each person elected or

appointed to municipal office of that person's election or appointment. Within the same period of

time, the city auditor shall also notify the state supreme court of the election or the appointment

of any municipal judge or alternate judge.
N.D. Cent. Code § 40-34-04 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-04
40-34-04. Bonds may be issued by municipality - Term of bonds - Determining conditions
Status: in_force

40-34-04. Bonds may be issued by municipality - Term of bonds - Determining

conditions.

Any municipality through its governing body, or any municipalities jointly through their

governing bodies, may issue and sell the necessary bonds for the construction and installation

of any improvement described in this chapter, including the disposal plant and such intercepting

and other sewers as may be necessary to permit the effective operation of such system, and for

the purchase of such real and personal property as may be necessary for use in connection with

such system. Such bonds shall be payable in not more than thirty years from the date of

issuance. The governing body or the respective governing bodies shall determine the

denomination, the date, time, and manner of payment of such bonds.
N.D. Cent. Code § 40-02-07 — ND Code / Title 40 / Chapter 40-02 / Section 40-02-07
40-02-07. Notice of election
Status: in_force

40-02-07. Notice of election

The board of county commissioners to which a petition is submitted under this chapter shall

give notice of the election on the question whether or not the municipality described in the

petition shall be organized. The notice shall be published in one issue of a newspaper or

newspapers published within the territory described in the petition, and such publication shall be

made at least ten days prior to the date set for the election. If no newspaper is published within

the territory, the notice shall be published in the official county newspaper or newspapers and in

other newspapers as deemed appropriate by the board of county commissioners of each county

embracing the territory to be incorporated.
N.D. Cent. Code § 40-27-04 — ND Code / Title 40 / Chapter 40-27 / Section 40-27-04
40-27-04. Bonds to be general obligations of municipality
Status: in_force

40-27-04. Bonds to be general obligations of municipality

Bonds issued pursuant to section 40-27-01 shall be the general obligations of the issuing

municipality, and the full faith and credit and the unlimited taxing power of such municipality

shall be pledged to their payment.
N.D. Cent. Code § 40-51.2-01 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-01
40-51.2-01. Short title
Status: in_force

40-51.2-01. Short title

This chapter may be cited as the Municipal Annexation Act of 1969.
N.D. Cent. Code § 40-50.1-06 — ND Code / Title 40 / Chapter 40-50.1 / Section 40-50.1-06
40-50.1-06. Correction of plats - Declaration of necessity by resolution - Publication
Status: in_force

40-50.1-06. Correction of plats - Declaration of necessity by resolution - Publication

If any part of any platted addition, outlot, or parcel of ground, in any jurisdiction, is found to

be inadequately or erroneously described in the plat, or if the plat is in error or is deficient as to

marked or scaled distances, angles, or descriptions, or has other defects which make it

incorrect or deficient, the governing body of the jurisdiction, by resolution, may declare it

necessary to correct the plat or plats or to replat the property. In that case, the resolution must

be published in the official newspaper of the jurisdiction at least ten days before the meeting of

the governing body to consider objections to the procedure.
N.D. Cent. Code § 40-47-01.3 — ND Code / Title 40 / Chapter 40-47 / Section 40-47-01.3
40-47-01.3. Extraterritorial zoning - Limitation
Status: in_force

40-47-01.3. Extraterritorial zoning - Limitation

Notwithstanding any other provision of law, a city that exercises extraterritorial jurisdiction

under this chapter may not impose building permit fees on any section of unincorporated

territory which are higher than the building permit fees within the city exercising the jurisdiction.
N.D. Cent. Code § 40-57.3-01.2 — ND Code / Title 40 / Chapter 40-57.3 / Section 40-57.3-01.2
40-57.3-01.2. City motor vehicle rental tax - Imposition - Amount - Disposition - Definitions
Status: in_force

40-57.3-01.2. City motor vehicle rental tax - Imposition - Amount - Disposition -

Definitions.

The governing body of any city may impose, by ordinance, a city tax at a rate not to exceed

one percent upon the gross receipts of a retailer on the rental of any motor vehicle for fewer

than thirty days if that motor vehicle is either delivered to a renter at an airport or delivered to a

renter who was picked up by the retailer at an airport. The tax imposed under this section is in

addition to state sales taxes on the rental of motor vehicles for fewer than thirty days. Any city

that imposes the tax under this section shall deposit all proceeds in the city visitors' promotion

fund. For purposes of this section, "motor vehicle" means a motorized passenger vehicle

designed to be operated on highways and "retailer" means a company for which the primary

business is the renting of motor vehicles for periods of fewer than thirty days.
N.D. Cent. Code § 40-62-07 — ND Code / Title 40 / Chapter 40-62 / Section 40-62-07
40-62-07. Additional improvements and extensions
Status: in_force

40-62-07. Additional improvements and extensions

An established pedestrian mall or skyway may be subsequently improved or extended by

proceedings taken in the same manner as for its establishment, and the improvements or

extensions may thereafter be regulated and maintained as provided in this chapter.
N.D. Cent. Code § 40-06-02 — ND Code / Title 40 / Chapter 40-06 / Section 40-06-02
40-06-02. Meetings to be public - Journal of proceedings to be kept - Pledge of allegiance
Status: in_force

40-06-02. Meetings to be public - Journal of proceedings to be kept - Pledge of

allegiance.

All meetings of the governing body shall be open to the public, and a journal of its

proceedings shall be kept. At the beginning of each regularly scheduled meeting of the

governing body, members of the governing body must be given the opportunity to participate in

a voluntary recitation of the pledge of allegiance.
N.D. Cent. Code § 40-47-01.1 — ND Code / Title 40 / Chapter 40-47 / Section 40-47-01.1
40-47-01.1. Extraterritorial zoning - Mediation - Determination by administrative law judge - Definition
Status: in_force

40-47-01.1. Extraterritorial zoning - Mediation - Determination by administrative law

judge - Definition.

1. a. A city may, by ordinance, extend the application of a city's zoning regulations to

any quarter quarter section of unincorporated territory if a majority of the quarter

quarter section is located within the following distance of the corporate limits of

the city:

(1) One mile [1.61 kilometers] if the city has a population of fewer than five

thousand. A city that has exercised its authority under this subdivision has

joint zoning and subdivision regulation jurisdiction from one-half mile [.80

kilometer] to one mile [1.61 kilometers] with the other political subdivision.

(2) Two miles [3.22 kilometers] if the city has a population of five thousand or

more, but fewer than twenty-five thousand. A city that has exercised its

authority under this subdivision has joint zoning and subdivision regulation

jurisdiction from one mile [1.61 kilometers] to two miles [3.22 kilometers]

with the other political subdivision.

(3) Four miles [6.44 kilometers] if the city has a population of twenty-five

thousand or more. A city that has exercised its authority under this

subdivision has joint zoning and subdivision regulation jurisdiction from two

miles [3.22 kilometers] to four miles [6.44 kilometers] with the other political

subdivision.

b. Any section or portion of a section of unincorporated territory within the area of

joint zoning and subdivision regulation jurisdiction in which a plat or site plan has

been presented before May 1, 2009, remains subject to the zoning designations

and the regulations in place on May 1, 2009, unless changed as allowed under

this section.

c. The extraterritorial zoning jurisdiction and authority to receive applications and

issue permits under this section may be changed by written agreement between

the city and the other political subdivision.

2. Joint jurisdiction is jurisdiction in which the other political subdivision has jurisdiction to

receive applications and issue permits and impose administrative fees for applications

and permits. In addition, under this jurisdiction the other political subdivision may

adopt, modify, and enforce any zoning designation or regulation and approve any

subdivision plat or regulation. For a decision to be final, the other political subdivision

shall give written notice to the city. The city may request negotiation as to any decision

made by the other political subdivision under the other political subdivision's

jurisdiction within thirty days of notice. If negotiation is not requested, the decision of

the other political subdivision is final. If the governing body of the other political

subdivision and the city do not come to an agreement as to the disputed zone or

subdivision regulation within thirty days of request for negotiation, the dispute must be

submitted to a committee for mediation. The committee must be comprised of one

member appointed by the governor and two members of the governing body of the

other political subdivision and two members of the governing body of the city. The

governor's appointee shall arrange and preside over the meeting and act as mediator

at the meeting. A meeting may be continued until the dispute has been resolved or

until the mediator determines that continued mediation is no longer worthwhile. If the

mediation committee is unable to resolve the dispute to the satisfaction of the

governing bodies, the dispute must be resolved by the board of county commissioners.

3. Notwithstanding subsection 2, in any section or portion of a section of unincorporated

territory in which there would otherwise be joint jurisdiction and in which a plat or site

plan has been presented before May 1, 2009, the city has jurisdiction to receive

applications and issue permits and impose administrative fees for applications and

permits relating to zoning and subdivision regulation. In addition, under this jurisdiction

the city may adopt, modify, and enforce any zoning designation or regulation and

approve any subdivision plat or regulation. For a decision of the city made after May 1,

2009, to be final, the city shall give written notice of the decision of the governing body

of the political subdivision that would otherwise have jurisdiction. The governing body

may request negotiation as to any decision made by the city under the city's

jurisdiction within thirty days of notice. If negotiation is not requested, the decision of

the city is final. If the city and governing body of the political subdivision that would

otherwise have jurisdiction do not come to an agreement as to the disputed zoning or

subdivision regulation within thirty days of the request for negotiation, the dispute must

be submitted to a committee for mediation. The committee must be comprised of one

member appointed by the governor and two members of the governing body of the

other political subdivision and two members of the governing body of the city. The

governor's appointee shall arrange and preside over the meeting and act as mediator

at the meeting. A meeting may be continued until the dispute has been resolved or

until the mediator determines that continued mediation is no longer worthwhile. If the

mediation committee is unable to resolve the dispute to the satisfaction of the

governing bodies, the dispute must be resolved by the board of county commissioners.

4. If a quarter quarter section line divides a platted lot and the majority of that platted lot

lies within the quarter quarter section, a city may apply its extraterritorial zoning

authority to the remainder of that platted lot. If the majority of the platted lot lies outside

the quarter quarter section, the city may not apply its extraterritorial zoning authority to

any of that platted lot.

5. A city exercising its extraterritorial zoning authority shall hold a zoning transition

meeting if the territory to be extraterritorially zoned is currently zoned. The city's zoning

or planning commission shall provide at least fourteen days' notice of the meeting to

the zoning board or boards of all political subdivisions losing their partial zoning

authority. The purpose of the zoning transition meeting is to review existing zoning

rules, regulations, and restrictions currently in place in the territory to be

extraterritorially zoned and to plan for an orderly transition. The zoning transition

meeting must take place before the city's adoption of an ordinance exercising

extraterritorial zoning.

6. If two or more cities have boundaries at a distance where there is an overlap of

extraterritorial zoning authority under this section, the governing bodies of the cities

may enter into an agreement regarding the extraterritorial zoning authority of each city.

The agreement must be for a specific term and is binding upon the cities unless the

governing bodies of the cities agree to amend or rescind the agreement or unless

determined otherwise by an administrative law judge in accordance with this chapter. If

a dispute arises concerning the extraterritorial zoning authority of a city and the

governing bodies of the cities involved fail to resolve the dispute, the dispute must be

submitted to a committee for mediation. The committee must be comprised of one

member appointed by the governor, one member of the governing body of each city,

and one member of the planning commission of each city who resides outside the

corporate city limits. The governor's appointee shall arrange and preside over the

meeting and act as mediator at the meeting. A meeting may be continued until the

dispute has been resolved or until the mediator determines that continued mediation is

no longer worthwhile.

7. If the mediation committee is unable to resolve the dispute to the satisfaction of the

governing bodies of all the cities involved, the governing body of any of the cities may

petition the office of administrative hearings to appoint an administrative law judge to

determine the extraterritorial zoning authority of the cities in the disputed area. A

hearing may not be held until after at least two weeks' written notice has been given to

the governing bodies of the cities involved in the dispute. At the hearing, the governor's

appointee who mediated the meetings under subsection 6 shall provide information to

the administrative law judge on the dispute between the cities involved and any

proposed resolutions or recommendations made by a majority of the committee

members. Any resident of, or person owning property in, a city involved in the dispute

or the unincorporated territory that is the subject of the proposed extraterritorial zoning,

a representative of such a resident or property owner, and any representative of a city

involved, may appear at the hearing and present evidence on any matter to be

determined by the administrative law judge. A decision by the administrative law judge

is binding upon all the cities involved in the dispute and remains effective until the

governing bodies of the cities agree to a change in the zoning authority of the cities.

The governing body of a city may request a review of a decision of an administrative

law judge due to changed circumstances at any time ten years after the decision has

become final. An administrative law judge shall consider the following factors in

making a decision under this subsection:

a. The proportional extraterritorial zoning authority of the cities involved in the

dispute;

b. The proximity of the land in dispute to the corporate limits of each city involved;

c. The proximity of the land in dispute to developed property in the cities involved;

d. Whether any of the cities has exercised extraterritorial zoning authority over the

disputed land;

e. Whether natural boundaries such as rivers, lakes, highways, or other physical

characteristics affecting the land are present;

f. The growth pattern of the cities involved in the dispute; and

g. Any other factor determined to be relevant by the administrative law judge.

8. For purposes of this section, the population of a city must be determined by the last

official regular or special federal census. If a city has incorporated after a census, the

population of the city must be determined by a census taken in accordance with

9. When a portion of the city is attached to the bulk of the city by a strip of land less than

one hundred feet [30.48 meters] wide, that portion and strip of land must be

disregarded when determining the extraterritorial zoning limits of the city. This

subsection does not affect the ability of a city to zone land within its city limits.

10. For the purposes of this section, a section or a quarter quarter section is as

determined in the manner provided by 2 Stat. 313 [43 U.S.C. 752]. When appropriate,

the phrase "quarter quarter section" refers to the equivalent government lot.

11. As used in this section, "other political subdivision" means a political subdivision, not

including another city, which would otherwise have zoning or subdivision regulation

jurisdiction.
N.D. Cent. Code § 40-49.1-03 — ND Code / Title 40 / Chapter 40-49.1 / Section 40-49.1-03
40-49.1-03. Contents of plan - Effect of plan - Limitations - Revision or termination
Status: in_force

40-49.1-03. Contents of plan - Effect of plan - Limitations - Revision or termination

1. Notwithstanding any other law regarding the structure of a board of park

commissioners, a plan for combining a board of city park commissioners with another

board of city park commissioners or a board of county park commissioners may

specify:

a. The number, selection, functions, qualifications and training, and terms of the

members of the proposed combined board;

b. The manner of apportionment of the costs of operating the combined board;

c. Procedures for the selection, transfer, reassignment, or termination of personnel

associated with the combined board and previous boards;

d. Procedures for the transfer of powers, records, documents, and property, for the

equalization of the property, funds on hand, and debts, and for the 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;

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

reasonable expectations of current officeholders or personnel such as delayed

effective dates for implementation;

f. A limited application or temporary implementation of the plan, including provisions

that permit implementation on a trial or experimental basis such as the expiration

of the plan on a date certain in the future, required reapproval of the plan by the

electors at a future date, or a phased-in implementation of various components of

the plan; and

g. Other provisions which are consistent with the powers and functions of a board of

park commissioners and with state law.

2. As a political subdivision of the state, the combined board of park commissioners has

the status of a board of city park commissioners, or the status of both a board of city

park commissioners and a board of county park commissioners if both are combined.

If applicable, all laws relating to the functions and powers of a board of city park

commissioners and, if city and county boards are combined, laws relating to the

functions and powers of a board of county park commissioners apply to a combined

board of park commissioners.

3. A plan for combining boards of park commissioners may not repeal or diminish any

general law of the state directing or requiring a board of park commissioners to carry

out any function or provide any service. A combined board of park commissioners,

resulting from a combination of boards of city and county park commissioners, may

levy taxes within the portion of the combined district outside city limits within the

limitations provided by law for a board of county park commissioners and may levy

taxes within the portion of the combined park district that is within city limits within the

limitations provided by law for city park districts. The plan must be approved by the

electorate in each affected city and county.

4. A plan adopted pursuant to this chapter may be revised or terminated through the

procedures set forth in this chapter for adopting a plan.
N.D. Cent. Code § 40-54-01 — ND Code / Title 40 / Chapter 40-54 / Section 40-54-01
40-54-01. Bids - Advertising - Requirements
Status: in_force

40-54-01. Bids - Advertising - Requirements

On or before the fifteenth day of March in each year, the city auditor of each city within the

state may at the discretion of the governing board advertise in the official newspaper once each

week for two consecutive weeks for bids for the furnishing of gravel in place for gravel surfacing

of highways within the city, upon a cubic yard [0.76 cubic meter] basis. The bids must be made

in accordance with such specifications as to type, grade, and quality of material as specified by

the city engineer and approved by the governing board and must provide for the delivery of such

gravel along such streets of the city as may thereafter be designated, in such manner as may

be designated in the specifications. The notice must specify that payment for such gravel will be

in cash or by special assessment warrants issued against the graveling special assessment

fund created by this chapter and each bid must specify the lowest rate of interest that the bidder

will accept upon such warrants and that payment for such gravel will be accepted by the bidder

in the manner herein provided. Each bid must be accompanied by a separate envelope

containing a certified or cashier's check in such amount as may be fixed by the governing board

and the award of the contract shall be made only to such person who shall furnish good and

sufficient bond for the performance thereof, in such amount as shall be fixed by the governing

board at the time of calling for bids.
N.D. Cent. Code § 40-23.1-05 — ND Code / Title 40 / Chapter 40-23.1 / Section 40-23.1-05
40-23.1-05. Parking lots - Ascertaining assessments
Status: in_force

40-23.1-05. Parking lots - Ascertaining assessments

Notwithstanding any section of chapter 40-23, the city auditor shall determine, on the basis

that the special benefit conferred upon a lot, tract, or parcel of land in the improvement district,

by the establishment of a parking lot, is proportionate to the need that the business conducted

thereon has for a parking lot, the amount which each lot, tract, or parcel of land will be

especially benefited by the construction of the work for which such special assessment is to be

made, and shall assess against each lot, tract, or parcel of land such sum, not exceeding the

benefits, as shall be necessary to pay its just proportion of the total cost of such work, or of the

part thereof which is to be paid by special assessment, including all expenses incurred in

making such assessment and publishing necessary notices with reference thereto. Such action

shall be subject to the final approval of the governing body which may increase or diminish any

of such assessments as it may deem just.
N.D. Cent. Code § 40-06-05 — ND Code / Title 40 / Chapter 40-06 / Section 40-06-05
40-06-05. Rules of procedure - Expelling members
Status: in_force

40-06-05. Rules of procedure - Expelling members

The governing body of a municipality shall determine its rules of procedure, punish its

members or persons present for disorderly conduct by fine, and with the concurrence of

two-thirds of its members may expel a member from a session but may not expel the member a

second time for the same offense. The governing body may fine or expel any member for

neglect of duty or for unnecessary absence from its sessions.
N.D. Cent. Code § 40-22-21 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-21
40-22-21. Bidder's bond - Required - Amount
Status: repealed

40-22-21. Bidder's bond - Required - Amount

Repealed by S.L. 1971, ch. 403, § 2.
N.D. Cent. Code § 40-05.1-05 — ND Code / Title 40 / Chapter 40-05.1 / Section 40-05.1-05
40-05.1-05. Ratification by majority vote - Supersession of existing charter and state laws in conflict therewith - Exception - Filing of copies of new charter
Status: in_force

40-05.1-05. Ratification by majority vote - Supersession of existing charter and state

laws in conflict therewith - Exception - Filing of copies of new charter.

If a majority of the qualified voters voting on the charter at the election vote in favor of the

home rule charter, the charter is ratified and is the organic law of the city, and extends to all its

local and city matters, unless limited by law. The charter and the ordinances made pursuant to

the charter in such matters, except for matters pertaining to city elections, supersede within the

territorial limits and other jurisdiction of the city any law of the state in conflict with the charter

and ordinances and must be liberally construed for such purposes. Except as provided under

subsection 9 of section 40-05.1-06, any ordinance enacted or adopted by a city pertaining to city

elections under a home rule charter in conflict with state law is void. One copy of the charter

ratified and approved must be filed with the secretary of state and one with the auditor of the city

to remain as a part of its permanent records. The courts shall take judicial notice of the new

charter upon its filing.
N.D. Cent. Code § 40-12-13 — ND Code / Title 40 / Chapter 40-12 / Section 40-12-13
40-12-13. Propositions submitted for repeal or amendment to initiated or referred ordinance - Election - Vote required
Status: repealed

40-12-13. Propositions submitted for repeal or amendment to initiated or referred

ordinance - Election - Vote required.

The governing body of the municipality may submit a proposition for the repeal of or an

amendment to an ordinance adopted under the provisions of this chapter. The proposition shall

be voted upon at any succeeding regular municipal election. If the proposition submitted

receives a majority of the votes cast thereon at such election, the ordinance shall be repealed or

amended, as the case may be.
N.D. Cent. Code § 40-08-09 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-09
40-08-09. Restrictions on members of council
Status: in_force

40-08-09. Restrictions on members of council

1. Except as provided in this section, no member of the city council shall:

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; or

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

2. A member of the city council 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 city council 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 council must receive the unanimous

approval of the other members of the council, and the approval must be documented

in the official minutes of the council. This subsection does not apply to appointed

officer positions under section 40-14-04.
N.D. Cent. Code § 40-22-43 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-43
40-22-43. Defects and irregularities in improvement proceedings are not fatal
Status: in_force

40-22-43. Defects and irregularities in improvement proceedings are not fatal

Defects and irregularities in any proceedings had or to be had under this chapter relating to

municipal improvements by the special assessment method, when the proceedings are for a

lawful purpose and are unaffected by fraud and do not violate any constitutional limitation or

restriction, shall not invalidate such proceedings, and no action shall be commenced or

maintained and no defense or counterclaim in any action shall be recognized in the courts of

this state founded on any such defects or irregularities in such proceedings, unless commenced

within thirty days of the adoption of the resolution of the governing board awarding the sale of

warrants to finance the improvement.
N.D. Cent. Code § 40-06-01 — ND Code / Title 40 / Chapter 40-06 / Section 40-06-01
40-06-01. Jurisdiction of governing body
Status: in_force

40-06-01. Jurisdiction of governing body

Except as otherwise provided by law, a governing body of a municipality has jurisdiction:

1. Over any commons or public grounds belonging to such municipality and with the

consent of the majority of the owners thereof shall have power to regulate the banks,

shores, and wharves of that portion of any navigable stream within the corporate limits;

and

2. In and over all places within one-half mile [804.67 meters] of the municipal limits for

the purpose of enforcing health ordinances and regulations, and police regulations and

ordinances adopted to promote the peace, order, safety, and general welfare of the

municipality.
N.D. Cent. Code § 40-01-25 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-25
40-01-25. Prohibition - Connection of utility services
Status: in_force

40-01-25. Prohibition - Connection of utility services

Notwithstanding any other provision of law, a city may not adopt or enforce an ordinance,

resolution, or policy that prohibits or impedes, or has the effect of prohibiting or impeding, the

connection or reconnection of an electric, natural gas, propane, or other energy utility service

based on fuel source provided by a public utility, municipal utility, cooperative utility, or propane

service.
N.D. Cent. Code § 40-02-12 — ND Code / Title 40 / Chapter 40-02 / Section 40-02-12
40-02-12. Order of incorporation - Recording - Filing - As evidence
Status: in_force

40-02-12. Order of incorporation - Recording - Filing - As evidence

An order of incorporation of a city under the council form of government, under the

provisions of this chapter, as made by the board of county commissioners to which the petition

for incorporation is addressed, shall be conclusive evidence of the incorporation of the territory

described in the order in all suits by or against the municipality described therein. The board

shall cause a certified copy of the order to be filed for record in the office of the recorder of each

county affected and a certified copy shall also be filed in the office of the secretary of state.
N.D. Cent. Code § 40-23-18 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-18
40-23-18. Assessments on property within the corporate limits
Status: in_force

40-23-18. Assessments on property within the corporate limits

A subsequent assessment may not be levied for any improvement on any property that was

within the corporate limits of the municipality on the date of the execution of the first contract for

any part of the improvement, unless a special improvement district was originally created for the

improvement, and the property on which the subsequent assessment is to be levied was not

originally assessed for the improvement but is subsequently included within another

improvement district created to finance an improvement that will be connected directly or

indirectly with the original improvement. Assessments under this section may be included in a

separate column in the special assessment list prepared for the improvement district and levied

upon the properties included in the district at the same time and upon the same notices and

hearings as provided by law for the other assessments. A resolution determining the necessity

of the improvement must have been adopted in the manner prescribed by law, referring to the

designation of the district created for the original improvement and stating that a portion of the

cost of the improvement is proposed to be assessed upon property within the improvement

district.
N.D. Cent. Code § 40-05-21 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-21
40-05-21. Centennial coordinating committee
Status: repealed

40-05-21. Centennial coordinating committee

Repealed by S.L. 2011, ch. 54, § 15.
N.D. Cent. Code § 40-05-23 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-23
40-05-23. Limitation on authority - Seed
Status: in_force

40-05-23. Limitation on authority - Seed

Notwithstanding any other law, a city may not impose any requirements or restrictions

pertaining to the registration, labeling, distribution, sale, handling, use, application,

transportation, or disposal of seed. This section does not apply to city zoning ordinances.
N.D. Cent. Code § 40-18.1-07 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-07
40-18.1-07. Vacancy in office of municipal judge - Disqualification - Temporary absence of municipal judge
Status: in_force

40-18.1-07. Vacancy in office of municipal judge - Disqualification - Temporary

absence of municipal judge.

1. If a vacancy exists in the office of municipal judge by death, resignation, or otherwise,

the governing body of the city shall appoint an individual to fill the vacancy.

2. The governing body may appoint alternate municipal judges to serve when a municipal

judge is unable to serve due to temporary absence, illness, disqualification, or

disability. The alternate judges must be compensated at a rate set by the governing

body.

3. If the alternate municipal judges also are disqualified or unavailable, the chief justice

may appoint a district court judge to a temporary assignment as a municipal court

judge for the purpose of presiding over the case.
N.D. Cent. Code § 40-53.1-02 — ND Code / Title 40 / Chapter 40-53.1 / Section 40-53.1-02
40-53.1-02. Dissolution - Ballots
Status: in_force

40-53.1-02. Dissolution - Ballots

The form of the ballot shall be:

For the dissolution of _______________________________

(insert name of city) ☐.

Against the dissolution of ___________________________

(insert name of city) ☐.
N.D. Cent. Code § 40-25-08 — ND Code / Title 40 / Chapter 40-25 / Section 40-25-08
40-25-08. Retroactive effect of sections 40-25-05, 40-25-06, and 40-25-07
Status: repealed

40-25-08. Retroactive effect of sections 40-25-05, 40-25-06, and 40-25-07

Repealed by S.L. 1999, ch. 503, § 47.
N.D. Cent. Code § 40-23-08 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-08
40-23-08. Assessments collected by suit from beneficial user of exempt property
Status: in_force

40-23-08. Assessments collected by suit from beneficial user of exempt property

Whenever any real property is exempt from special assessments, or cannot be assessed,

as provided in this title, for any improvement for any reason, and such real property otherwise

would be assessable for such improvement, an assessment may be levied against the occupant

or beneficial user of the property and collected by suit from the occupant or person enjoying the

beneficial use thereof.
N.D. Cent. Code § 40-50.1-08 — ND Code / Title 40 / Chapter 40-50.1 / Section 40-50.1-08
40-50.1-08. Governing body to order work done after hearing objections
Status: in_force

40-50.1-08. Governing body to order work done after hearing objections

After all the objections filed before the meeting have been heard and considered, the

governing body of the jurisdiction, if it deems the work advisable and if the owners of the

majority of the property affected have not filed a protest, shall order a land surveyor registered

in this state to do the work in accordance with the resolution. If no interested owner has

demanded the resurvey, the jurisdiction shall pay for the resurvey.
N.D. Cent. Code § 40-22.1-09 — ND Code / Title 40 / Chapter 40-22.1 / Section 40-22.1-09
40-22.1-09. Execution and filing of contracts
Status: in_force

40-22.1-09. Execution and filing of contracts

All contracts under this chapter must be entered into in the name of the municipality and

must be executed for the municipality by the executive officer and countersigned by the auditor.

After the contract is signed by the other party, it must be filed in the office of the city auditor.
N.D. Cent. Code § 40-58-01.1 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-01.1
40-58-01.1. Definitions
Status: in_force

40-58-01.1. Definitions

In this chapter, unless the context otherwise requires:

1. "Area of operation" means the area within the corporate limits of the municipality and

the area within five miles [8.05 kilometers] of those limits, except that the term does

not include any area that lies within the territorial boundaries of another incorporated

city unless a resolution is adopted by the governing body of the other city declaring a

need for the inclusion.

2. "Blighted area" means an area other than a slum area which by reason of the

presence of a substantial number of slums, deteriorated or deteriorating structures,

predominance of defective or inadequate street layout, faulty lot layout in relation to

size, adequacy, accessibility, or usefulness, unsanitary or unsafe conditions,

deterioration of site or other improvements, diversity of ownership, tax or special

assessment delinquency exceeding the fair value of the land, defective or unusual

conditions of title, improper subdivision or obsolete platting, or the existence of

conditions which endanger life or property by fire and other causes, or any

combination of these factors, substantially impairs or arrests the sound growth of a

municipality, retards the provision of housing accommodations or constitutes an

economic or social liability and is a menace to the public health, safety, morals, or

welfare in its present condition and use. "Blighted area" does not include any land that

has been assessed as agricultural property within the last ten years unless it was

located within the interior boundaries of a city for at least ten years.

3. "Board" or "commission" means a board, commission, department, division, office,

body, or other unit of the municipality.

4. "Bonds" means any bonds, including refunding bonds, notes, interim certificates,

certificates of indebtedness, debentures, or other obligations.

5. "Clerk" means the clerk or other official of a municipality who is the custodian of the

official records of the municipality.

6. "Development" includes the construction of new buildings, structures, or

improvements; the demolition, alteration, remodeling, repair, or reconstruction of

existing buildings, structures, or improvements; the acquisition of equipment; and the

clearing and grading of land on industrial or commercial property in a development or

renewal area. However, for the purpose of determining amounts to be reimbursed by

tax increments under section 40-58-20, only those eligible public costs of development

enumerated under section 40-58-20.1 are reimbursable for that purpose.

7. "Development or renewal area" means industrial or commercial property, a slum or

blighted area, or a combination of these properties or areas that the local governing

body designates as appropriate for a development or renewal project.

8. "Development or renewal plan" means a plan for a development or renewal project

which:

a. Conforms to the general plan for the municipality as a whole; and

b. Is sufficiently complete to indicate any land acquisition, development, demolition

and removal of structures, redevelopment, improvements, or rehabilitation as

may be proposed to be carried out in the development or renewal area, zoning

and planning changes, if any, land uses, maximum densities, building

requirements, and the plan's relationship to definite local objectives relating to

appropriate land uses, improved traffic, public transportation, public utilities,

recreational and community facilities, and other public improvements.

9. "Development or renewal project" may include authorized undertakings or activities of

a municipality in a development or renewal area for the development of commercial or

industrial property or for the elimination and prevention of the development or spread

of slums and blight.

10. "Dwelling" means any building, or structure, or part of a building or structure used and

occupied for human habitation or intended to be so used, and includes any

appurtenances to the building or structure.

11. "Federal government" means the United States or any agency or instrumentality,

corporate or otherwise, of the United States.

12. "Governing body" means the city council, the board of city commissioners, or the

board of township supervisors.

13. "Housing authority" means a housing authority created by and established pursuant to

the housing authorities law.

14. "Industrial or commercial property" means unused or underutilized real property that is

zoned or used as an industrial or commercial site.

15. "Mayor" means the mayor of a municipality or other officer or body having the duties

customarily imposed upon the executive head of a municipality.

16. "Municipality" means any incorporated city in the state.

17. "Obligee" includes any bondholder, agents or trustees for any bondholder, or lessor

demising to the municipality property used in connection with a development or

renewal project, or any assignee or assignees of the lessor's interest or any part

thereof, and the federal government when it is a party to any contract with the

municipality.

18. "Person" means any individual, firm, partnership, corporation, limited liability company,

company, association, joint-stock association, or body politic and includes any trustee,

receiver, assignee, or other person acting in a similar representative capacity.

19. "Public body" means the state or any municipality, township, board, commission,

authority, district, or any other political subdivision or public body of the state.

20. "Public officer" means any officer who is in charge of any department or branch of the

government of the municipality relating to health, fire, building regulations, or to other

activities concerning dwellings in the municipality.

21. "Real property" includes all lands, including improvements and fixtures on the land,

and property of any nature appurtenant to the land, or used in connection with the

land, and every estate, interest, right and use, legal or equitable, in the land, including

terms for years and liens by way of judgment, mortgage, or otherwise.

22. "Rehabilitation" or "conservation" includes the restoration and renewal of all or a part

of a slum or blighted area, in accordance with a development or renewal plan, by:

a. Carrying out plans for a program of voluntary or compulsory repair and

rehabilitation of buildings or other improvements.

b. Acquisition of real property and demolition or removal of buildings and

improvements on the real property if necessary to eliminate unhealthful,

unsanitary, or unsafe conditions, lessen density, reduce traffic hazards, eliminate

obsolete or other uses detrimental to the public welfare, or to otherwise remove

or prevent the spread of blight or deterioration, or to provide land for needed

public facilities.

c. Installation, construction, or reconstruction of streets, utilities, parks, playgrounds,

and other improvements necessary for carrying out the purposes of this chapter.

d. The disposition of any property acquired in the development or renewal area,

including sale, initial leasing, or retention by the municipality at its fair value for

uses in accordance with the development or renewal plan.

23. "Slum area" means an area in which there is a predominance of buildings or

improvements, whether residential or nonresidential, which by reason of dilapidation,

deterioration, age or obsolescence, inadequate provision for ventilation, light, air,

sanitation, or open spaces, high density of population and overcrowding, or the

existence of conditions which endanger life or property by fire and other causes, or

any combination of these factors is conducive to ill health, transmission of disease,

infant mortality, juvenile delinquency, or crime, and is detrimental to the public health,

safety, morals, or welfare.

24. "Slum clearance and redevelopment" may include:

a. Acquisition of all or part of a slum area or a blighted area.

b. Demolition and removal of buildings and improvements.

c. Installation, construction, or reconstruction of streets, utilities, parks, playgrounds,

and other improvements necessary for carrying out the development or renewal

plan.

d. Making the land available for development or redevelopment by private enterprise

or public agencies, including sale, initial leasing, or retention by the municipality

at its fair value for uses in accordance with the development or renewal plan.

25. "Urban renewal agency" means a public agency created pursuant to section 40-58-16.
N.D. Cent. Code § 40-49-08 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-08
40-49-08. Organization of board of park commissioners - City auditor to act as treasurer of board or board to appoint clerk
Status: in_force

40-49-08. Organization of board of park commissioners - City auditor to act as

treasurer of board or board to appoint clerk.

At the first meeting of the board of park commissioners in July after the regular biennial city

election, the members shall organize the board by selecting a president and a vice president.

The city auditor shall be ex officio treasurer of the park district or the board may appoint a clerk

and such other employees as shall be deemed needed for the efficient conduct of the district's

business and shall fix their compensation. The clerk shall take the oath prescribed for civil

officers and shall obtain such bond as may be required by the board.
N.D. Cent. Code § 40-53.1-09 — ND Code / Title 40 / Chapter 40-53.1 / Section 40-53.1-09
40-53.1-09. Dissolution - Insufficient income to pay obligations - Levy of tax - Duty vested in board of county commissioners
Status: in_force

40-53.1-09. Dissolution - Insufficient income to pay obligations - Levy of tax - Duty

vested in board of county commissioners.

If insufficient money is received from the operation of the property of the dissolved city to

pay the obligations in the order designated, the board of county commissioners shall levy a tax

on all taxable property within the boundary of the city at the time of its dissolution. This tax shall

be sufficient to pay the obligations incurred in the operation of the property of the city and to

comply with the terms and conditions of the evidences of the bonded indebtedness. The board

of county commissioners shall, without charge, perform the duties of the governing body of the

dissolved city to satisfy the terms of the bonds, obligations, or contracts of the dissolved city.
N.D. Cent. Code § 40-24-15 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-15
40-24-15. Special assessment record book kept by county auditor - Assessments certified for more than one year
Status: in_force

40-24-15. Special assessment record book kept by county auditor - Assessments

certified for more than one year.

The county auditor shall keep in the county auditor's office a special assessment record.

When any municipality causes the installments of special assessments for a period of more than

one year to be certified, the county auditor shall cause the special assessments so certified to

be recorded in such book for the respective years and in the amounts shown in the certificate of

the city auditor. In such event the certificate of the city auditor shall include a list of all lots and

tracts of land upon which such assessments are levied, designating the purpose of the

assessment, the fund to which it belongs, and the installment of such assessment for each year

against each lot or tract, including interest thereon.
N.D. Cent. Code § 40-35-15 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-15
40-35-15. Remedies of bondholders in general
Status: in_force

40-35-15. Remedies of bondholders in general

Subject to any contractual limitations binding upon the holders of any issue of revenue

bonds, or a trustee therefor, including the restriction of the exercise of any remedy to a specified

proportion or percentage of such holders, any holder of bonds, or any trustee therefor, for the

equal benefit and protection of all bondholders similarly situated, may:

1. By mandamus or other suit, action, or proceeding at law or in equity, enforce such

person's rights against the municipality and its governing body and any of its officers,

agents, and employees and may require and compel such municipality or such

governing body or any such officers, agents, or employees to perform and carry out its

and their duties and obligations under this chapter and its and their covenants and

agreements with bondholders.

2. By action or suit in equity, require the municipality and the governing body thereof to

account as if they were the trustees of an express trust.

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

violation of the rights of the bondholders.

4. Bring suit upon the bonds.

No right or remedy conferred by this chapter upon any bondholder, or upon any trustee therefor,

is intended to be exclusive of any other right or remedy, but each such right or remedy is

cumulative and in addition to every other right or remedy and may be exercised without

exhausting and without regard to any other remedy conferred by this chapter or by any other

law of this state.
N.D. Cent. Code § 40-46-15 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-15
40-46-15. Employees of city retire upon request of executive officer
Status: in_force

40-46-15. Employees of city retire upon request of executive officer

Any employee of the city who has reached the retirement age or who is unfit, physically or

mentally, to continue in the service of the city, upon the request of the executive officer of the

city, shall retire from active service, and, if the employee shall have been employed by the city

for periods totaling one hundred twenty months or longer, the board of trustees shall make

provision for the payment of a pension, such pension to be in a sum equal to the proportion of a

full pension as herein provided which the total number of months employed by the city bears to

two hundred forty months.
N.D. Cent. Code § 40-39-02 — ND Code / Title 40 / Chapter 40-39 / Section 40-39-02
40-39-02. Taking private property by purchase or eminent domain - Special assessments levied - Limitation on general tax
Status: in_force

40-39-02. Taking private property by purchase or eminent domain - Special

assessments levied - Limitation on general tax.

If it is necessary to take private property in order to open, lay out, widen, or enlarge any

street or alley in any incorporated municipality, it shall be done by purchase or, subject to

chapter 32-15, by the exercise of the right of eminent domain. When property is purchased or a

judgment for damages is entered for property taken for any such improvement, the governing

body shall certify the purchase or judgment to the special assessment commission, which shall

levy special assessments upon the property benefited to pay such judgment or the purchase

price. Not more than three-fourths of the purchase price or judgment may be paid by the levy of

a general tax upon all the taxable property in a city.
N.D. Cent. Code § 40-42-02 — ND Code / Title 40 / Chapter 40-42 / Section 40-42-02
40-42-02. Filing of claim and rejection thereof conditions precedent to bringing action against municipality
Status: repealed

40-42-02. Filing of claim and rejection thereof conditions precedent to bringing action

against municipality.

Repealed by S.L. 1977, ch. 303, § 18.
N.D. Cent. Code § 40-24-04 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-04
40-24-04. Sewer special assessments extended over a period of not more than thirty years
Status: in_force

40-24-04. Sewer special assessments extended over a period of not more than thirty

years.

Special assessments for the payment of the cost of constructing any sewer 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 exceeding thirty years as the governing body may fix by

ordinance or resolution.
N.D. Cent. Code § 40-02-04 — ND Code / Title 40 / Chapter 40-02 / Section 40-02-04
40-02-04. Survey, map, and census subject to examination - Notice
Status: in_force

40-02-04. Survey, map, and census subject to examination - Notice

The survey, map, and census required under the provisions of this chapter, when completed

and verified, shall be left for a period of not less than thirty days at some convenient place within

the territory described therein for examination by those having any interest in the application for

incorporation. There shall be attached to such survey, map, and census a notice which explains:

1. The purpose of the map, survey, and census.

2. That a petition for incorporation is to be circulated and will be submitted to the board of

county commissioners at a time certain as specified in the notice.

3. That upon receipt of the petition the board of county commissioners will designate a

time and place to consider the petition.

4. That a notice of the time and place for the hearing will be published once a week for

two weeks prior to the hearing in the official county newspaper and in other

newspapers as the board of county commissioners may deem appropriate.

Copies of such notice, together with a statement showing where the survey, map, and census

may be examined, shall be posted for at least thirty days in three conspicuous and public places

within the territory to be affected.
N.D. Cent. Code § 40-55-11 — ND Code / Title 40 / Chapter 40-55 / Section 40-55-11
40-55-11. Recreation centers or systems may be established as memorials
Status: in_force

40-55-11. Recreation centers or systems may be established as memorials

The community centers, playgrounds, recreational centers and systems, or any recreational

or character-building facility provided for herein may be erected or established as memorials in

commemoration of the men and women of the locality who lost their lives in the service of their

country during World War II and in gratitude to all who served in the armed forces. In such

cases, the names of those so remembered shall be preserved in some manner in connection

with the memorial.
N.D. Cent. Code § 40-04-03 — ND Code / Title 40 / Chapter 40-04 / Section 40-04-03
40-04-03. Form of ballot
Status: in_force

40-04-03. Form of ballot

The ballots to be used at such election shall be in substantially the following form:

Shall the city of ________________ (naming the city) become organized as a city under the

commission system of government?

Yes ☐

No ☐
N.D. Cent. Code § 40-36-16 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-16
40-36-16. Duties of municipality and officers
Status: in_force

40-36-16. Duties of municipality and officers

In order that the payment of refunding bonds and interest thereon shall be secured

adequately, any municipality issuing refunding bonds pursuant to this chapter, and the proper

officers, agents, and employees thereof, shall:

1. Pay or cause to be paid punctually the principal of every refunding bond and the

interest thereon on the date or dates, at the place or places, in the manner, and out of

the funds, mentioned in such refunding bond and in the coupons thereto appertaining

and in accordance with the resolution authorizing its issuance.

2. Operate the enterprise in an efficient and economical manner and establish, levy,

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

therewith as may be necessary or proper. Such fees, tolls, rates, rentals, and other

charges shall be sufficient, after making due and reasonable allowances for

contingencies and for a margin of error in the estimates, at least:

a. To pay all current expenses of operation and maintenance of such enterprise;

b. To pay the interest on and principal of the refunding bonds as the same shall

become due and payable;

c. To comply in all respects with the terms of the resolution authorizing the issuance

of refunding bonds or any other contract or agreement with the holders of the

refunding bonds; and

d. To meet any other obligations of the municipality which are charges, liens, or

encumbrances upon the revenues of such enterprise.

3. Operate, maintain, preserve, and keep the enterprise and every part or parcel thereof,

or cause the same to be operated, maintained, preserved, and kept in good repair,

working order, and condition.

4. Preserve and protect the security of the refunding bonds and the rights of the holders

thereof, and warrant and defend such rights against all claims and demands of all

persons whomsoever.

5. Pay and discharge, or cause to be paid or discharged, any and all lawful claims for

labor, materials, and supplies, which, if unpaid, might become by law a lien or charge

upon the revenues, or any part thereof, superior to the lien of the refunding bonds or

which might impair the security of the refunding bonds, all to the end that the priority

and security of the refunding bonds shall be fully preserved and protected.

6. Hold in trust the revenues pledged to the payment of the refunding bonds for the

benefit of the holders of such bonds, and apply such revenues only as provided by the

resolution authorizing the issuance of the refunding bonds, or, if such resolution

thereafter shall be modified in the manner provided therein or in this chapter, as

provided in such resolution as modified.

7. Keep proper books of record and accounts of the enterprise, separate from all other

records and accounts, in which complete and correct entries shall be made of all

transactions relating to the enterprise or any part thereof, and which, together with all

other books and papers of the municipality, shall be subject at all times to the

inspection of the holder or holders of not less than ten percent of the refunding bonds

then outstanding or of the holder's or holders' representatives duly authorized in

writing.

None of the duties contained in this section shall require the expenditure in any manner or for

any purpose by the municipality of any funds other than revenue received or receivable from the

enterprise. The performance of the duties enumerated in this section shall be of the essence of

the contract of the municipality with the bondholders at all times.
N.D. Cent. Code § 40-57.2-04 — ND Code / Title 40 / Chapter 40-57.2 / Section 40-57.2-04
40-57.2-04. City or county may provide funding
Status: in_force

40-57.2-04. City or county may provide funding

Any city or county may provide funding from revenues derived from its general fund levy

authority for career and technical education and on-the-job training services and surveys and

otherwise implementing this chapter.
N.D. Cent. Code § 40-26-08 — ND Code / Title 40 / Chapter 40-26 / Section 40-26-08
40-26-08. Municipality liable generally for deficiencies in special improvement fund
Status: in_force

40-26-08. Municipality liable generally for deficiencies in special improvement fund

Whenever all special assessments and all utility revenues and taxes, if any, appropriated

and theretofore collected for a special improvement, made under authority of any law

authorizing the payment of the cost thereof in whole or in part from special assessments, are

insufficient to pay principal or interest then due on the special improvement warrants issued

against such improvement, the governing body shall levy a tax upon all of the taxable property

in the municipality for the payment of such deficiency. If at any time a deficiency is likely to occur

within one year in such special improvement fund for the payment of principal and interest due

on such warrants, the governing body, in its discretion, may levy a general tax upon all the

taxable property in the municipality for the payment of such deficiency. This section applies to

any deficiency in a special improvement fund, including a sewer and water connections

assessment fund under chapter 40-28, sidewalk special fund under chapter 40-29, curbing

special fund under chapter 40-31, and boulevard special fund under chapter 40-32. In case a

balance remains unexpended in a special improvement fund after the payment of all warrants

drawn thereon with interest, it shall be paid over or transferred to the general fund of the

municipality.
N.D. Cent. Code § 40-57.4-02 — ND Code / Title 40 / Chapter 40-57.4 / Section 40-57.4-02
40-57.4-02. Members of the city job development authority board of directors - Term of office - Oath - Expenses
Status: in_force

40-57.4-02. Members of the city job development authority board of directors - Term

of office - Oath - Expenses.

The members of the city job development authority board of directors shall serve for a term

of three years or until their successors are duly qualified. Terms of office shall begin on January

first and must be arranged so that the terms of office of approximately one-third of the members

expire on December thirty-first each year. Each member of the board shall qualify by taking the

oath provided for civil officers. The oath must be filed with the city auditor.

The board of directors shall annually elect members to serve as chairman, vice chairman,

secretary, and treasurer. They shall also select an executive committee with such powers and

duties as may be delegated by the board of directors. Members may be reimbursed from funds

available to the authority for mileage and expenses at the rates provided for state employees in

sections 44-08-04 and 54-06-09 but members may receive no compensation for service.
N.D. Cent. Code § 40-11-06 — ND Code / Title 40 / Chapter 40-11 / Section 40-11-06
40-11-06. Publication of ordinances
Status: in_force

40-11-06. Publication of ordinances

The title and penalty clause of every ordinance imposing any penalty, fine, imprisonment, or

forfeiture for a violation of its provisions, after the final adoption of the ordinance, shall be

published in one issue of the official newspaper of the city.
N.D. Cent. Code § 40-34-01 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-01
40-34-01. Disposal of garbage or sewage in municipalities - Acquiring land
Status: in_force

40-34-01. Disposal of garbage or sewage in municipalities - Acquiring land

Any municipality in this state, either individually or jointly by agreement, may own, acquire,

construct, equip, extend, and improve, operate, and maintain, either within or without the

corporate limits of the municipality, intercepting sewers, including pumping stations, a plant or

plants for the treatment, purification, and disposal in a sanitary manner of the liquid and solid

wastes, sewage, and night soil of the municipality, or a plant or system for the disposal of the

garbage thereof, and may issue bonds therefor as herein prescribed. Any municipality may

acquire by gift, grant, purchase, or condemnation necessary lands therefor, either within or

without the corporate limits of the municipality and within or without the state of North Dakota.

Subject to chapter 32-15, municipalities may invoke and shall have all the rights and privileges

granted to public corporations under existing laws with reference to eminent domain for the

purpose of acquiring land for the uses mentioned in this section. Any municipality which has

outstanding bonds issued pursuant to this chapter may issue additional bonds by the procedure

herein prescribed for the purpose of refunding all or any part of such outstanding bonds,

whether at or prior to maturity, or for the purpose of providing moneys to be deposited in escrow

for the purchase or redemption of such bonds at or prior to maturity. Bonds issued for any of the

purposes referred to herein may be combined in a single issue.
N.D. Cent. Code § 40-47-08 — ND Code / Title 40 / Chapter 40-47 / Section 40-47-08
40-47-08. Appeal to board of adjustment - Taking - Filing - Time - Transmitting record
Status: in_force

40-47-08. Appeal to board of adjustment - Taking - Filing - Time - Transmitting record

An appeal to the board of adjustment may be taken by any person aggrieved or by any

officer, department, board, or bureau of the city. The appeal shall be taken within the time

prescribed by rule of the board by filing with the officer from whom the appeal is taken and with

the board of adjustment a notice of appeal, specifying the grounds thereof. The officer from

whom the appeal is taken forthwith shall transmit to the board of adjustment all the papers

constituting the record upon which the action appealed from was taken.
N.D. Cent. Code § 40-02-05 — ND Code / Title 40 / Chapter 40-02 / Section 40-02-05
40-02-05. Petition for incorporation - Contents - Census and survey to accompany - Hearing - Notice
Status: in_force

40-02-05. Petition for incorporation - Contents - Census and survey to accompany -

Hearing - Notice.

A petition for the incorporation of a municipality under this chapter shall be addressed to the

board of county commissioners of the county in which the proposed municipality is located and

if such municipality is located in more than one county, to the board of county commissioners of

the county wherein the greater part of the territory is situated, and shall be signed by not less

than one-third of the qualified electors residing within the territory described in such petition, and

by the owners of not less than fifty percent in assessed value of the property located within the

territory described in such petition.

1. The petition shall show:

a. The boundaries of the proposed municipality, and the assessed valuation of all

property located within such boundaries.

b. The number of inhabitants residing within such boundaries.

c. The name of the proposed municipality, which shall be different from that of every

other municipality in this state.

d. A request that the question of incorporating the territory described in the petition

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

system of government, as the case may be, be submitted to the qualified electors

residing within the territory.

2. The petition, when submitted, shall be accompanied by:

a. An incorporation plan showing how municipal services, including fire and police

protection, street construction and maintenance, sewers, water, garbage

disposal, planning, zoning, accounting, assessment, financing, and legal

services, will be provided; and

b. Any other information that may reasonably be required by the board of county

commissioners to whom the petition is addressed including, but not limited to,

population, population density, per capita assessed valuation, proximity to

populated areas, likelihood of significant growth, need for services, present cost

and adequacy of services, and effect of proposed action and alternative actions

on adjacent areas.

The petition shall be filed in the office of the county auditor, accompanied by a verified copy of

the census required under this chapter and by a duplicate map of the survey of the proposed

municipality, and shall be submitted to the board of county commissioners at the time indicated

in the notice described in section 40-02-04 or as soon thereafter as the board can receive and

consider the same. The board of county commissioners to whom the petition is addressed shall

designate a time and place for consideration of the petition and shall notify the petitioners of that

time and place. The petitioners shall then cause a notice containing the substance of the

petition, and the time and place it will be heard, to be published once a week for two

consecutive weeks in the official county newspaper or newspapers of the county or counties

and in other newspapers as deemed appropriate by the board of county commissioners of each

county embracing the territory to be incorporated.
N.D. Cent. Code § 40-40-05 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-05
40-40-05. Contents of preliminary budget statement
Status: in_force

40-40-05. Contents of preliminary budget statement

The preliminary budget must include a detailed breakdown of the estimated revenues and

appropriations requested for the ensuing year for the general fund, each special revenue fund,

and each debt service fund of the municipality. The revenue and expenditure items for the

preceding year and estimates of the revenue and expenditures for the current year must be

included for each fund to assist in determining the estimated revenues and appropriation

requested for the ensuing year. The budget must also include any transfers in or out and the

beginning and ending fund balance for each of the funds. The budget must be prepared on the

same basis of accounting used by the municipality for its annual financial reports.

The amount paid for salaries may be shown as a single line item expenditure in each fund.

There must be on file with the governing body and open to public inspection a detailed

statement showing the names of all persons receiving salaries, the annual amount paid to each

person, and the fund charged.

While preparing the budget, municipal officials may include an expenditure item for

equipment replacement, the amount of which may not exceed the total of the anticipated

reasonable costs of depreciation for the ensuing year, based on current costs, of all equipment

owned by the municipality. The expenditure for equipment replacement must be placed in a

separate special revenue fund. No expenditure may be paid from the equipment replacement

fund except for equipment purchases to replace equipment that is worn out, damaged, or

obsolete. The term "equipment" does not include structures or building fixtures.

While preparing the budget, municipal officials may include an expenditure item for a

building reserve fund, the amount of which may not exceed the total of the anticipated

reasonable costs of depreciation for the ensuing year, based on the original costs of all buildings

and structures owned by the city. The expenditure for building reserve must be placed in a

separate capital projects fund. No expenditures may be paid from the building reserve fund

except for the purchase, construction, or remodeling of buildings or structures that are obsolete,

substandard, or generally unfit for public use.
N.D. Cent. Code § 40-54-11 — ND Code / Title 40 / Chapter 40-54 / Section 40-54-11
40-54-11. Warrants payable from special graveling fund
Status: in_force

40-54-11. Warrants payable from special graveling fund

The city auditor shall pay such special gravel assessment warrants and interest coupons as

they mature and are presented for payment out of the graveling special fund, and shall cancel

the same when paid, and the provisions of section 40-26-08 shall apply in the case of

deficiencies in such fund.
N.D. Cent. Code § 40-53.1-11 — ND Code / Title 40 / Chapter 40-53.1 / Section 40-53.1-11
40-53.1-11. Filing application - Order
Status: in_force

40-53.1-11. Filing application - Order

If the court is satisfied the petition contains the required information, it shall order the

petition be filed, and the clerk of the district court shall give notice thereof by publication once

each week for four consecutive weeks.
N.D. Cent. Code § 40-22-01.1 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-01.1
40-22-01.1. Restoration of property damaged in flood control or during a declared disaster or emergency - Special assessments for costs
Status: in_force

40-22-01.1. Restoration of property damaged in flood control or during a declared

disaster or emergency - Special assessments for costs.

When any city has constructed any temporary emergency flood control protection devices

or works to protect property located within a portion of a city from flood damage or expended

funds for the protection of the city from flood or other peril under chapter 37-17.1 or otherwise,

the city may maintain and remove material used in the construction of the temporary emergency

flood control protection devices or works and repair damages to land, buildings, or personal

property caused by the operation of its equipment upon the property while in the process of

installing or removing the temporary emergency flood protection systems. The city may create

by resolution of its governing board a special assessment district encompassing the protected

area. Special assessments against the property within the district must be imposed to cover the

costs incurred by the city in constructing and maintaining the emergency flood protection

devices or works and in removing the material used and in repairing the damages caused by the

operation of equipment while installing or removing the temporary emergency flood protection

systems. The amount to be assessed must be established by a resolution adopted by the

governing board. Special assessments against any property in the district must be determined

and made in the same manner as is provided for improvements by special assessments to the

extent consistent herewith, and the certification and collection, including lien provisions,

applicable to other special assessments are applicable hereto. Provided, however, that the

provisions of sections 40-22-15, 40-22-17, and 40-22-18, relating to a resolution of necessity

and protests against special assessments, sections 40-22-10, 40-22-11, and 40-22-29, relating

to engineers' reports, plans, and estimates, and section 40-22-19, relating to contract proposals,

do not apply to special assessment districts created under this section.
N.D. Cent. Code § 40-51.2-07.1 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-07.1
40-51.2-07.1. Mediation
Status: in_force

40-51.2-07.1. Mediation

The mediation committee must be comprised of a person appointed by the governor,

representatives of the petitioners under section 40-51.2-03 or the protesters under section

40-51.2-07, the involved cities, counties, and townships, and any other parties having an

interest in the proposed annexation. The governor's appointee shall arrange and preside over

the meeting and act as mediator at the meeting. The meeting may be continued until a

resolution agreeable to all parties is reached or the mediator determines that continued

mediation is no longer worthwhile.
N.D. Cent. Code § 40-22-03 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-03
40-22-03. Acquiring property for sewers, water mains, and water supply beyond corporate limits
Status: in_force

40-22-03. Acquiring property for sewers, water mains, and water supply beyond

corporate limits.

When it is necessary to conduct the sewage of a municipality beyond the municipal limits or

to acquire a supply of water beyond such limits and to construct mains or aqueducts to conduct

such water to the municipal limits, the governing body, by grant, purchase, or condemnation

proceedings, may acquire private property over which to construct the sewer, or upon and over

which to establish facilities for obtaining and storing such water supply and aqueducts or mains

for conducting the same to the corporate limits. Public property may likewise be acquired for

such purposes by grant or purchase from the government or public corporation owning the

same. The cost of acquiring such property and of building such sewer or other facilities upon or

over the property may be included in the cost of construction or acquisition of a municipal

waterworks or sewerage system and in the special assessments levied therefor, or the entirety

of such a project may be completed as an improvement to an existing waterworks or sewage

system and special assessments may be levied therefor in accordance with the provisions of

this title.
N.D. Cent. Code § 40-50.1-07 — ND Code / Title 40 / Chapter 40-50.1 / Section 40-50.1-07
40-50.1-07. Resolution declaring necessity for correcting plat - Contents
Status: in_force

40-50.1-07. Resolution declaring necessity for correcting plat - Contents

The resolution mentioned in section 40-50.1-06 must set forth:

1. The description of the property affected.

2. The nature of the errors or defects.

3. An outline of the proposed corrections.

4. An estimate of the probable cost of having the corrections made.

5. Notice that any interested owner may file objections to the proposed work or to its cost

and that the objections will be heard and considered at a meeting designated for that

purpose.

6. The time the governing body of the jurisdiction will meet to consider all the objections.
N.D. Cent. Code § 40-05-06 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-06
40-05-06. City fines and penalties limited
Status: in_force

40-05-06. City fines and penalties limited

1. Except as provided in subsections 2 and 3, the fine or penalty for the violation of any

ordinance, resolution, or regulation of a city may not exceed one thousand five

hundred dollars, and the imprisonment may not exceed thirty days for one offense.

2. For every violation of a city ordinance that regulates the operation or equipment of a

motor vehicle or which regulates traffic, except those ordinances listed in section

39-06.1-05, a fee may be established, by ordinance, which may exceed, by up to one

hundred percent, the limit, for an equivalent category of violation, set forth in section

39-06.1-06 except for a violation of a speed limitation.

3. For every violation of a city ordinance enforcing the requirements of title 40, Code of

Federal Regulations, section 403 relating to publicly owned treatment works, or

prohibiting shoplifting, vandalism, criminal mischief, or malicious mischief, the penalty

may not exceed a fine of one thousand five hundred dollars, imprisonment for thirty

days, or both such fine and imprisonment.

4. This section does not prohibit the use of the sentencing alternatives, other than a fine

or imprisonment, provided by section 12.1-32-02 for the violation of a city ordinance,

nor does this section limit the use of deferred or suspended sentences under

subsections 3 and 4 of section 12.1-32-02.
N.D. Cent. Code § 40-63-07 — ND Code / Title 40 / Chapter 40-63 / Section 40-63-07
40-63-07. Renaissance fund organization - Exemption from taxation
Status: in_force

40-63-07. Renaissance fund organization - Exemption from taxation

1. Each city with a designated renaissance zone may establish a renaissance fund

organization, if the detailed plan for such an organization is clearly established in the

development plan and approved with the plan, or is submitted at a later date to the

department of commerce division of community services for approval after the

designation of a renaissance zone.

2. The purpose of a renaissance fund organization is solely to raise funds to be used to

finance zone projects and other projects located in designated renaissance zones. A

renaissance fund organization may provide financing to projects undertaken by

individuals, partnerships, limited partnerships, limited liability companies, trusts,

corporations, nonprofit organizations, and public entities. The financing may include

any combination of equity investments, loans, guarantees, and commitments for

financing. The amount of financing is not limited by this chapter.

3. A renaissance fund organization is exempt from any tax imposed by chapter 57-38. An

exemption under this section may be passed through to any shareholder, partner, and

owner if the renaissance fund organization is a passthrough entity for tax purposes. A

corporation entitled to the exemption provided by this subsection shall file required

returns and report income to the tax commissioner as required by the provisions of

chapter 57-38 as if the exemption did not exist. If an employer, this subsection does

not exempt a renaissance fund organization from complying with the income tax

withholding laws.

4. A credit against state tax liability as determined under section 57-38-30 or 57-38-30.3

is allowed for investments in a renaissance fund organization. The amount of the credit

is fifty percent of the amount invested in the renaissance fund organization during the

taxable year. Any amount of credit which exceeds a taxpayer's tax liability for the

taxable year may be carried forward for up to five taxable years after the taxable year

in which the investment was made.

5. The total amount of credits allowed under this section may not exceed, in the

aggregate, ten million five hundred thousand dollars for investments in renaissance

fund organizations. A renaissance fund organization that has received investments that

qualify for the credits under this subsection shall use those investments to finance

projects within a renaissance zone. If the total amount of credits allowed under this

section have been claimed, the renaissance fund organization allowance must

terminate and additional credits may not be made available for investments in a

renaissance fund organization.

6. Income to a renaissance fund organization derived from the sale or refinancing of zone

properties financed wholly or in part by the organization may be disbursed as annual

dividends equal to the income, minus ten percent, derived from all sources and

proportional to the investment. In the event of a loss to the fund resulting in a

temporary diminishment of the fund below the original principal amount, no annual

dividend may be paid until the fund is restored.

7. Income to a renaissance fund organization derived from interest or the temporary

investment of its funds in certificates of deposit, bonds, treasury bills, or securities may

be used for administration.

8. If an investment in a renaissance fund organization which is the basis for a credit

under this section is redeemed by the investor within ten years of the date it is

purchased, the credit provided by this section for the investment must be disallowed,

and any credit previously claimed and allowed with respect to the investment must be

paid to the tax commissioner with the appropriate return of the taxpayer covering the

period in which the redemption occurred. When payments are made to the tax

commissioner under this section, the amount collected must be handled in the same

manner as if no credit had been allowed.

9. A renaissance fund organization shall secure an annual audit of its financial records,

prepared by an independent certified public accounting firm in accordance with

generally accepted auditing standards. The audit report must include a statement of

the percentage of annual investments received by the organization which have been

invested by the organization in investments permitted under this chapter, including the

use of investments, distinguishing between organization investments made in

renaissance zones and outside renaissance zones. A renaissance fund organization

shall file a copy of each audit of its financial records under this subsection with the

governing body of the city in which it was established, the department of commerce

division of community services, and the tax commissioner. The department of

commerce division of community services shall provide an annual report to the budget

section of the legislative management showing the conclusions of audit reports filed

under this subsection.

10. Renaissance fund organization officers and employees may be actively involved in the

enterprises in which the renaissance fund organization invests but the renaissance

fund organization may not invest in any enterprise if any one renaissance fund

organization officer or employee owns more than forty-nine percent of the ownership

interest in the enterprise. A renaissance fund organization may not invest in an

enterprise if renaissance fund organization officers and employees collectively own

more than forty-nine percent of the ownership interests, either through direct

ownership or through ownership of interest in a passthrough entity.
N.D. Cent. Code § 40-14-01 — ND Code / Title 40 / Chapter 40-14 / Section 40-14-01
40-14-01. Officers to be elected in council cities
Status: in_force

40-14-01. Officers to be elected in council cities

The following officers must be elected in each city operating under the council form of

government:

1. A mayor.

2. The council members required under sections 40-08-03 and 40-08-04.

Each city operating under the council form of government may choose to have a municipal

judge who is elected.
N.D. Cent. Code § 40-05-26 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-26
40-05-26. Development by a foreign adversary - Prohibition
Status: in_force

40-05-26. Development by a foreign adversary - Prohibition

Expired under S.L. 2023, ch. 109, § 5.
N.D. Cent. Code § 40-29-04 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-04
40-29-04. Power of municipality upon failure of property owner to comply with notice
Status: in_force

40-29-04. Power of municipality upon failure of property owner to comply with notice

If the sidewalk is not constructed, repaired, or rebuilt in the manner and within the time

prescribed in the notice, the governing body shall order the work done by such person as it may

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

commissioner in a city having no city engineer, at the expense of the lots or parcels of land

benefiting from the sidewalk. The expense of constructing, repairing, or rebuilding the sidewalk

shall include the expense of giving all notices required by the provisions of this chapter, of

making assessments, and of any other nature incurred in doing such work.
N.D. Cent. Code § 40-23-07.2 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-07.2
40-23-07.2. Assessment of common area in townhouse development
Status: in_force

40-23-07.2. Assessment of common area in townhouse development

If a townhouse development includes a right in the townhouse owners to use any lot or tract

as a common area in connection with the townhouse development, the common area shall not

be separately assessed for benefits but each lot or tract whose owner has a right to use the

common area shall be assessed for the benefit to the common area in the proportion that each

owner's right in the common area bears to all of the owners' rights in the common area.
N.D. Cent. Code § 40-54-09 — ND Code / Title 40 / Chapter 40-54 / Section 40-54-09
40-54-09. Separate fund for project - Warrants
Status: in_force

40-54-09. Separate fund for project - Warrants

All moneys received by a municipality from assessments for any graveling project shall be

kept in a separate fund designated as "graveling district number ______________". Warrants

shall be drawn on such fund for the payment of the cost of such gravel project.
N.D. Cent. Code § 40-08-01 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-01
40-08-01. City council - Who constitutes
Status: in_force

40-08-01. City council - Who constitutes

The governing body of a city operating under the council form of government is the city

council, which is composed of the mayor and council members.
N.D. Cent. Code § 40-58-09 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-09
40-58-09. Disposal of property in development or renewal area
Status: in_force

40-58-09. Disposal of property in development or renewal area

1. A municipality may sell, lease, or otherwise transfer real property or any interest in real

property acquired by it, and may enter into contracts with respect to the real property,

in a development or renewal area for residential, recreational, commercial, industrial,

or other uses or for public use, or may retain the property or interest for public use, in

accordance with the development or renewal plan, subject to such covenants,

conditions, and restrictions, including covenants running with the land, as it may deem

to be necessary or desirable to assist in preventing the development or spread of

future slums or blighted areas, to facilitate the development of industrial or commercial

properties, or to otherwise carry out the purposes of this chapter; provided, that the

sale, lease, other transfer, or retention, and any agreement relating thereto, may be

made only after the approval of the development or renewal plan by the governing

body. The purchasers or lessees and their successors and assigns must be obligated

to devote the real property only to the uses specified in the development or renewal

plan, and may be obligated to comply with any other requirements that the municipality

determines are in the public interest, including the obligation to begin within a

reasonable time any improvements on the real property required by the development

or renewal plan. The real property or interest must be sold, leased, otherwise

transferred, or retained at not less than its fair value for uses in accordance with the

development or renewal plan. In determining the fair value of real property for uses in

accordance with the development or renewal plan, a municipality shall take into

account and give consideration to the uses provided in the plan; the restrictions upon,

and the covenants, conditions, and obligations assumed by the purchaser or lessee or

by the municipality retaining the property; and the objectives of the plan for the

development of industrial or commercial properties and the prevention of the

recurrence of slum or blighted areas. The municipality in any instrument of conveyance

to a private purchaser or lessee may provide that the purchaser or lessee may not sell,

lease, or otherwise transfer the real property without the prior written consent of the

municipality until the purchaser or lessee has completed the construction of any and

all improvements which the purchaser or lessee is obligated to construct on the real

property. Real property acquired by a municipality which, in accordance with the

provisions of the development or renewal plan, is to be transferred, must be

transferred as rapidly as feasible in the public interest consistent with the carrying out

of the provisions of the development or renewal plan. The inclusion in any contract or

conveyance to a purchaser or lessee of any such covenants, restrictions, or

conditions, including the incorporation by reference of the provisions of a development

or renewal plan or any part of the plan, does not prevent the filing of the contract or

conveyance in the land records of the recorder in a manner that affords actual or

constructive notice of the contract or conveyance.

2. A municipality may dispose of real property in a development or renewal area to

private persons in a manner that appropriately carries out the purposes and provisions

of this chapter. Thereafter, the municipality may execute the contract in accordance

with the provisions of subsection 1 and deliver deeds, leases, and other instruments

and take all steps necessary to effectuate the contract.

3. A municipality may temporarily operate and maintain real property acquired in a

development or renewal area pending the disposition of the property for development

or redevelopment, without regard to the provisions of subsection 1, for any uses and

purposes as may be deemed desirable even though not in conformity with the

development or renewal plan.
N.D. Cent. Code § 40-22-32 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-32
40-22-32. Approval of bonds - Return of bidder's bond
Status: repealed

40-22-32. Approval of bonds - Return of bidder's bond

Repealed by S.L. 1995, ch. 443, § 29.
N.D. Cent. Code § 40-10-06 — ND Code / Title 40 / Chapter 40-10 / Section 40-10-06
40-10-06. Duties of city manager
Status: in_force

40-10-06. Duties of city manager

The city manager shall:

1. Be responsible to the governing body of the municipality for the proper administration

of all of the affairs of the city.

2. Prepare and submit to the governing body an annual preliminary budget as provided

for under chapter 40-40, and shall be responsible for the administration of the final

budget, subject to the control of the governing body as to changes in the same.

3. Be responsible for law enforcement.

4. Appoint and remove, subject to civil service regulations if in effect, all heads of

administrative departments and employees of the city. However, the city manager shall

neither appoint nor remove the head of any department without first consulting with the

governing body.

5. Keep the governing body advised of the financial condition of the city and make such

recommendations as may seem desirable.

6. Be responsible for the purchase of all supplies, materials, and equipment for the

operations of the city. Provided, that for any purchase the cost of which exceeds one

thousand dollars, the governing body shall establish the procedure for purchasing the

same.
N.D. Cent. Code § 40-25-05 — ND Code / Title 40 / Chapter 40-25 / Section 40-25-05
40-25-05. Failure to have general taxes and special assessments sold separately not negligence of municipality
Status: repealed

40-25-05. Failure to have general taxes and special assessments sold separately not

negligence of municipality.

Repealed by S.L. 1999, ch. 503, § 47.
N.D. Cent. Code § 40-11-10 — ND Code / Title 40 / Chapter 40-11 / Section 40-11-10
40-11-10. Action for violation of ordinance in corporate name - Previous prosecution, recovery, or acquittal no defense
Status: repealed

40-11-10. Action for violation of ordinance in corporate name - Previous prosecution,

recovery, or acquittal no defense.

Repealed by S.L. 2025, ch. 379, § 4.
N.D. Cent. Code § 40-36-07 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-07
40-36-07. Refunding bonds exempt from taxation - Exception
Status: in_force

40-36-07. Refunding bonds exempt from taxation - Exception

Refunding bonds issued under the provisions of this chapter and the income therefrom shall

be exempt from any taxes, except inheritance, estate, and transfer taxes.
N.D. Cent. Code § 40-01-10 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-10
40-01-10. Certificate of publication filed in auditor's office - Conclusive evidence - When bill for publication audited
Status: in_force

40-01-10. Certificate of publication filed in auditor's office - Conclusive evidence -

When bill for publication audited.

After any ordinance, notice, resolution, or other proceeding has been published, a copy of

the publication, together with the affidavit of publication stating the length of time it has been

published, shall be filed with the city auditor. Such affidavit shall be conclusive evidence of the

publication. The bill for the publication shall not be audited until such affidavit is filed.
N.D. Cent. Code § 40-18.1-04 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-04
40-18.1-04. Criminal responsibility
Status: in_force

40-18.1-04. Criminal responsibility

1. A case in which the defendant's criminal responsibility at the time of the crime is in

question may be transferred to the district court for evaluation upon written request by

the defendant. The defendant shall initiate the request within twenty-eight days after

arraignment and the district court shall order the defendant to undergo a criminal

responsibility evaluation under chapter 12.1-04.1.

2. Following the evaluation, if the defendant asserts the defense of lack of criminal

responsibility, the case must remain in district court for trial. If the defendant does not

assert the defense of lack of criminal responsibility, the district court shall remand the

case to the municipal court for further proceedings.

3. 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 § 40-11-04.2 — ND Code / Title 40 / Chapter 40-11 / Section 40-11-04.2
40-11-04.2. Transfer of real property by exclusive and nonexclusive listing agreements
Status: in_force

40-11-04.2. Transfer of real property by exclusive and nonexclusive listing

agreements.

1. As an alternative to the procedure established under section 40-11-04.1, the governing

body of a city may by resolution:

a. Describe the real property of the city which is to be sold;

b. Provide a maximum rate of fee, compensation, or commission; and

c. Provide that the city reserves the right to reject any and all offers determined to

be insufficient.

2. After adoption of the resolution, and publication of the resolution on the city website for

at least fourteen days, if the city maintains a website, the governing body of a city may

engage licensed real estate brokers to attempt to sell the described property by way of

nonexclusive listing agreements or by way of an exclusive listing agreement if the real

estate broker is selected through a competitive process.

3. A proposal from a licensed real estate broker to enter an exclusive listing agreement

with the governing body of a city must be based on the:

a. Experience of the licensed real estate broker;

b. Experience of the licensed real estate broker selling similar property;

c. Marketing strategy the licensed real estate broker intends to use; and

d. Rate of fee, compensation, or commission the licensed real estate broker intends

to accept.

4. In the negotiation of a purchase agreement with a buyer represented by a real estate

broker, the governing body of a city may agree to pay compensation to the buyer's real

estate broker. In the negotiation of a listing agreement, the governing body of a city

shall consider the financial impact of paying compensation to the buyer's real estate

broker on the total fees, compensation, or commission that may become payable by

the city.
N.D. Cent. Code § 40-29-14 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-14
40-29-14. Sidewalk special fund - Warrants drawn upon - Levy
Status: in_force

40-29-14. Sidewalk special fund - Warrants drawn upon - Levy

All moneys received by a municipality from assessments for the construction, rebuilding, or

repairing of sidewalks shall be kept in a separate fund designated as "sidewalk special fund".

Warrants shall be drawn on such fund for the payment of the cost of constructing, rebuilding,

and repairing sidewalks. Except as otherwise provided in section 40-26-08, a municipality is not

liable generally on any contracts for the cost of constructing, rebuilding, and repairing sidewalks

and may not be required to pay funds raised by general taxation upon any such contract.
N.D. Cent. Code § 40-57-16 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-16
40-57-16. Remedies of bondholders in general
Status: in_force

40-57-16. Remedies of bondholders in general

Subject to any contractual limitations binding upon the holders of any issue of revenue

bonds, or a trustee therefor, including the restriction of the exercise of any remedy to a specified

proportion or percentage of such holders, any holder of bonds, or any trustee therefor, for the

equal benefit and protection of all bondholders similarly situated may:

1. By mandamus or other suit, action, or proceeding at law or in equity, enforce its rights

against the municipality and its governing body and any of its officers, agents, and

employees and may require and compel such municipality or such governing body or

any such officers, agents, or employees to perform and carry out its and their duties

and obligations under this chapter and its and their covenants and agreements with

bondholders.

2. By action or suit in equity, require the municipality and the governing body thereof to

account as if they were the trustees of an express trust.

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

violation of the rights of the bondholders.

4. Bring suit upon the bonds.

5. Foreclose any mortgage or lien given under the authority of this chapter, and cause

the property standing as security to be sold under any proceedings permitted by law.

No right or remedy conferred by this chapter upon any bondholder, or upon any trustee therefor,

is intended to be exclusive of any other right or remedy, but each such right or remedy is

cumulative and in addition to every other right or remedy and may be exercised without

exhausting and without regard to any other remedy conferred by this chapter, or by any other

law in this state.
N.D. Cent. Code § 40-40-19 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-19
40-40-19. Liabilities may be incurred after July first and before a new appropriation is made - Exception
Status: repealed

40-40-19. Liabilities may be incurred after July first and before a new appropriation is

made - Exception.

Repealed by S.L. 1983, ch. 464, § 5.
N.D. Cent. Code § 40-22-45 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-45
40-22-45. Equalization of original assessment
Status: in_force

40-22-45. Equalization of original assessment

Whenever any portion of the cost of a parking lot which is to be discontinued has been paid

for by special assessment, the useful life of the parking lot shall be determined by the governing

body. If the period of time determined to be the useful life of the parking lot has not completely

elapsed, the governing body of the municipality shall direct the cancellation of uncollected

installments of special assessments previously levied for the same improvement, and the refund

of installments paid, plus interest calculated at four and one-half percent per annum on the

refunded prepaid installments, from the general fund of the municipality to the extent determined

by it to be necessary to make the original assessments and the subsequent assessments bear

as nearly as possible the same relation to the total benefits derived from the improvement by

the respective properties assessed.
N.D. Cent. Code § 40-46-01 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-01
40-46-01. Adoption of employees' pension plan - Exclusion of police and members of firefighters relief associations
Status: in_force

40-46-01. Adoption of employees' pension plan - Exclusion of police and members of

firefighters relief associations.

The provisions of this chapter become operative in any city qualified to adopt the same by:

1. The adoption by the governing body of the city of a plan substantially setting forth the

provisions of this chapter; and

2. The concurrence in the plan by the employees of the city by a majority vote thereof.

Thereafter, all employees of the city are bound by the provisions of the plan without further

action by the governing body or by the employees of the city. For purposes of this chapter,

members of the police force of the city are not considered employees of the city and members

of a firefighters relief association are not considered employees of the city, if by a majority vote

of the members thereof, they exclude themselves.
N.D. Cent. Code § 40-08-13 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-13
40-08-13. Presiding officer of council in absence or disability of mayor - President of council
Status: in_force

40-08-13. Presiding officer of council in absence or disability of mayor - President of

council.

The president of the city council shall be the presiding officer of the council in the absence

or temporary disability of the mayor. In the absence or disability of the mayor and president of

the city council, the vice president shall be the presiding officer.
N.D. Cent. Code § 40-33-30 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-30
40-33-30. Right of municipal electric utilities and municipal power agencies to construct, own, and maintain electric transmission lines
Status: in_force

40-33-30. Right of municipal electric utilities and municipal power agencies to

construct, own, and maintain electric transmission lines.

1. For purposes of this section, the terms electric transmission provider, electric

transmission line, and electric public utility, have the same meanings as in section
N.D. Cent. Code § 40-22-33 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-33
40-22-33. Failure to execute contractor's bond
Status: repealed

40-22-33. Failure to execute contractor's bond

Repealed by S.L. 1995, ch. 443, § 29.
N.D. Cent. Code § 40-38-04 — ND Code / Title 40 / Chapter 40-38 / Section 40-38-04
40-38-04. General powers and duties of board of directors
Status: in_force

40-38-04. General powers and duties of board of directors

The board of directors shall have the following powers and duties:

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

officers of the board as may be expedient and not inconsistent with the provisions of

this chapter.

2. To make and adopt such bylaws, rules, and regulations for the management of the

library and reading room as are expedient and not inconsistent with the provisions of

this chapter.

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

the library fund.

4. To have the supervision, care, and custody of the library property, and of the rooms or

buildings constructed, leased, or set apart for use of library purposes.

5. To contract to furnish library service and to receive library service from other counties,

school districts, and cities of the state of North Dakota and adjoining states, and the

state library.

6. To employ qualified personnel to administer the public library and dispense library

services.
N.D. Cent. Code § 40-23-10 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-10
40-23-10. Notice of assessments and notice of hearing of objections
Status: in_force

40-23-10. Notice of assessments and notice of hearing of objections

1. Unless otherwise provided under this section, the commission shall cause the

assessment list, which list may not include the amount each lot or tract is benefited by

the improvement, to be published once each week for two consecutive weeks in the

official newspaper of the municipality.

2. If the assessment list includes more than five thousand lots or tracts, the commission

may cause it to be filed and made available for public inspection at all times after the

first publication of the notice, during reasonable business hours, at such place as must

be designated in the published notice.

3. As an alternative to the notice procedures provided in subsections 1 and 2, the

commission shall send a letter to all property owners of record on the assessment list

stating their assessments. The letter may be sent by certified mail or by regular mail

attested by an affidavit of mailing signed by the city auditor. When notice is provided

under this subsection, the commission shall cause publication of a map outlining the

assessment district with a notification stating that if an individual has not yet received a

letter regarding that individual's assessment, the individual should furnish the city

auditor's office with the individual's present address and the auditor will then mail a

copy of the individual's assessments.

4. The date set for such hearing must be not less than fifteen days after the first

publication of the notice.

5. A copy of the notice must be mailed to each public utility having property on the

assessment list at least ten days before the hearing to its address shown on the tax

rolls.

6. Any notice under this section must include the time and place of a commission

meeting to hear objections to assessments from an interested party or an interested

party's agent or attorney.

7. Any notice under this section must be published on the city's website.
N.D. Cent. Code § 40-22-26 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-26
40-22-26. Petition by property owners to have paving of certain material - Contents
Status: in_force

40-22-26. Petition by property owners to have paving of certain material - Contents

If the governing body has called for bids on more than one kind of pavement, after the

opening of the bids in connection with an improvement consisting of paving or repaving and

before the meeting of the governing body to consider the same, the owners of a majority of the

property liable to be specially assessed for such paving or repaving may file a written petition

with the city auditor indicating that the petitioners have a preference for a certain type of paving

or paving material for which bids have been invited. Upon receiving such petition, it shall be

obligatory upon the governing body to cause the paving or repaving to be constructed of a kind

of paving material indicated in the petition. The petition may consist of a single petition or

several separate petitions signed by the owners of a majority of the property liable to be

specially assessed for such improvement or by their authorized agents.
N.D. Cent. Code § 40-22-30 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-30
40-22-30. Contractor's bond - Execution
Status: repealed

40-22-30. Contractor's bond - Execution

Repealed by S.L. 1995, ch. 443, § 29.
N.D. Cent. Code § 40-61-03 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-03
40-61-03. Purpose and powers of an authority
Status: in_force

40-61-03. Purpose and powers of an authority

The purpose of an authority shall be to construct, operate, and maintain one or more

projects in the city and to promote and acquire municipal parking facilities in accordance with

the provisions of this chapter and to promote municipal development by making space above,

below, or adjacent to parking facilities available for commercial development and use in order to

further purposes outlined in this chapter and in chapter 40-60. To carry out said purpose, an

authority shall have power:

1. To sue and be sued.

2. To acquire, hold, and dispose of personal property for its corporate purposes, including

the power to purchase prospective or tentative awards in connection with the

condemnation of real property.

3. To acquire in the name of the city by purchase or condemnation, and use necessary

real property. All real property acquired by the authority by condemnation must be

acquired in the manner provided in the condemnation law or in the manner provided

by chapter 32-15 for the condemnation of land by a city.

4. To make bylaws for the management and regulation of its affairs and, subject to

agreements with bondholders, for the regulation of the project.

5. To appoint officers, agents, and employees, to prescribe their qualifications, and to fix

their compensation. However, the officers, agents, and employees shall not be subject

to the civil service law.

6. To appoint an attorney, who may be the city attorney, and to fix that person's

compensation.

7. To make contracts and leases and to execute all instruments necessary or convenient.

8. To construct such buildings, structures, and facilities as may be necessary.

9. To reconstruct, improve, maintain, and operate the projects.

10. To accept grants, loans, or contributions from the United States, the state of North

Dakota, or any agency or instrumentality of either of them, or the city, or an individual,

by bequest or otherwise, and to expend the proceeds for any purposes of the

authority.

11. To fix and collect rentals, fees, and other charges for the use of the projects or any of

them, subject to and in accordance with such agreements with bondholders as may be

made as hereinafter provided.

12. To construct, operate, or maintain in the projects all facilities necessary or convenient

in connection therewith. To contract for the construction, operation, or maintenance of

any parts thereof or for services to be performed. To rent parts thereof, and grant

concessions, all on such terms and conditions as it may determine. However, the

authority, the city, or any agency of an authority or city, or any other person, firm,

corporation, or limited liability company may not, within or on any property comprising

a part of any project authorized by this chapter, sell, dispense, or otherwise handle any

product used in or for the servicing of any motor vehicle using any project or facility

authorized by this chapter and the location of sites of the projects shall be subject to

the prior approval of the governing body of the city.

13. To encourage commercial development and use of space above, below, or adjacent to

parking facilities by exercising the powers granted municipalities under subsection 5 of

section 40-60-02. However, subdivision c of subsection 5 of section 40-60-02 is not

applicable to leases entered into by the authority.
N.D. Cent. Code § 40-45-23 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-23
40-45-23. Pensions not subject to debts, execution, or other process
Status: repealed

40-45-23. Pensions not subject to debts, execution, or other process

Repealed by S.L. 1987, ch. 386, § 2.
N.D. Cent. Code § 40-44-02 — ND Code / Title 40 / Chapter 40-44 / Section 40-44-02
40-44-02. Failure or refusal of city to adopt civil service - Petition - Election held
Status: in_force

40-44-02. Failure or refusal of city to adopt civil service - Petition - Election held

If the governing body of any city which is subject to the provisions of this chapter shall fail or

refuse to adopt the provisions of this chapter, twenty percent of the qualified electors of the city

may file a written petition with the city auditor demanding that the provisions be adopted or that

the question be submitted to the qualified electors of the city, and unless the civil service system

is adopted by the governing body, the question shall be submitted to the qualified electors of the

city at the next regular municipal election.
N.D. Cent. Code § 40-05-20 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-20
40-05-20. Programs and activities for handicapped persons - Expenditure of funds
Status: in_force

40-05-20. Programs and activities for handicapped persons - Expenditure of funds

The governing body of any city or park district may establish or maintain programs and

activities for handicapped persons, including recreational and other leisure-time activities and

informational, health, welfare, transportation, counseling, and referral services. The governing

body may provide funding from revenues derived from its general fund levy authority and may

expend funds received from state, federal, or private sources for the public purposes provided

for in this section. No expenditure may be made to defray any expenses of any organization or

agency until the 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 the funds will be expended and the services will be provided. An organization or agency

that receives the funds must be reviewed or approved annually by the governing body to

determine its eligibility to receive funds under this section.
N.D. Cent. Code § 40-09-11 — ND Code / Title 40 / Chapter 40-09 / Section 40-09-11
40-09-11. Meetings of board - Regular and special - Action on departmental matters
Status: in_force

40-09-11. Meetings of board - Regular and special - Action on departmental matters

The board of city commissioners shall meet in regular meeting at least once a month and at

such additional times as the board, by ordinance, may establish. All regular meetings shall be

held at a time and place to be designated by the board. No action of the board shall be effective

unless upon a vote of a majority of a quorum of the members of such board. No final action shall

be taken in any matter concerning the special department of any absent commissioner unless

such business has been made a special order of the day or such action is taken at a regular

meeting of the board. Special meetings may be called at any time by the president or any two

members of the board to consider matters mentioned in the call of such meeting. Written notice

of any special meeting shall be given to each member of the board.
N.D. Cent. Code § 40-32-10 — ND Code / Title 40 / Chapter 40-32 / Section 40-32-10
40-32-10. Park commissioners may exercise same powers as governing body
Status: in_force

40-32-10. Park commissioners may exercise same powers as governing body

The board of park commissioners of any city organized as a park district may exercise the

powers defined in this chapter for the making or maintenance of any improvement upon any

boulevards coming within its jurisdiction.
N.D. Cent. Code § 40-22-01 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-01
40-22-01. Power of municipalities to defray expense of improvements by special assessments
Status: in_force

40-22-01. Power of municipalities to defray expense of improvements by special

assessments.

Any municipality, upon complying with the provisions of this chapter, may defray the

expense of any or all of the following types of improvements by special assessments:

1. The construction of a water supply system, or a sewerage system, or both, or any part

thereof, or any improvement thereto or extension or replacement thereof, including the

construction and erection of wells, intakes, pumping stations, settling basins, filtration

plants, standpipes, water towers, reservoirs, water mains, sanitary and storm sewer

mains and outlets, facilities for the treatment and disposal of sewage and other

municipal, industrial, and domestic wastes, and all other appurtenances, contrivances,

and structures used or useful for a complete water supply and sewerage system.

2. The improvement of the municipal street system and any part thereof, including any

one or more of the processes of acquisition, opening, widening, grading, graveling,

paving, repaving, surfacing with tar, asphalt, bituminous, or other appropriate material,

resurfacing, resealing, and repairing of any street, highway, avenue, alley, or public

place within the municipality, and the construction and reconstruction of overhead

pedestrian bridges, pedestrian tunnels, storm sewers, curbs and gutters, sidewalks,

and service connections for water and other utilities, and the installation, operation,

and maintenance of streetlights and all types of decorative streetlighting, including but

not restricted to Christmas streetlighting decorations.

3. The improvement of boulevards and other public places by the planting of trees, the

construction of grass plots and the sowing of grass seed therein, and the maintenance

and preservation of such improvements by the watering of such trees and grass, the

cutting of such grass, and the trimming of such trees, or otherwise in any manner

which may appear necessary and proper to the governing body of the municipality.

4. The acquiring of the necessary land and easements and the construction of the

necessary works, within and without the municipality, for flood protection of properties

within the municipality.

5. The acquiring or leasing of the necessary property and easements and the

construction of parking lots, ramps, garages, and other facilities for motor vehicles.

In planning an improvement project of a type specified in any one of the foregoing subsections,

the governing body may include in such plans any and all items of work and materials which in

its judgment are necessary or reasonably incidental to the completion of an improvement project

of such type.
N.D. Cent. Code § 40-61-18.1 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-18.1
40-61-18.1. Termination of an authority by governing body
Status: in_force

40-61-18.1. Termination of an authority by governing body

A majority vote of the governing body of any city shall terminate an existing authority, and all

rights, titles, and interest, and all obligations and liabilities thereof shall be vested in or

possessed by the city which created the authority.
N.D. Cent. Code § 40-40-12 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-12
40-40-12. County auditor to transmit annual tax levy and final budget to state auditor
Status: repealed

40-40-12. County auditor to transmit annual tax levy and final budget to state auditor

Repealed by S.L. 2001, ch. 122, § 11.
N.D. Cent. Code § 40-61-15 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-15
40-61-15. Tax contract by the state
Status: in_force

40-61-15. Tax contract by the state

The state of North Dakota covenants with the purchasers and with all subsequent holders

and transferees of bonds or notes issued by an authority pursuant to this chapter, in

consideration of the acceptance of and payment for the bonds or notes, that the bonds and

notes of an authority issued pursuant to this chapter and the income therefrom, and all moneys,

funds, and revenues pledged to pay or secure the payment of such bonds or notes shall at all

times be free from taxation, except for estate taxes and taxes on transfers by or in

contemplation of death.
N.D. Cent. Code § 40-49-07.1 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-07.1
40-49-07.1. Change in number of park commissioners - Election
Status: in_force

40-49-07.1. Change in number of park commissioners - Election

1. The number of park commissioners may be increased from three to five, or decreased

from five to three, pursuant to this section.

2. The process for increasing or decreasing the number of park commissioners may be

initiated:

a. By resolution approved by a majority vote of the board of park commissioners

and submitted to the governing body of the city; or

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

electors of the city park district voting for governor at the most recent

gubernatorial election and submitted to the governing body of the city.

3. The governing body of the city shall submit the question of increasing or decreasing

the number of park commissioners to the electors of the park district at any regular city

election or primary or general election as specified in the resolution or petition

submitted pursuant to subsection 2. The question requires an affirmative vote of a

majority of those voting on the question for passage.

4. If an increase in the number of park commissioners is approved by the electors, the

two additional park commissioners must be elected at the next regular city election or

as specified in the resolution or petition pursuant to subsection 2. One of the additional

commissioners shall hold office for a term of four years, and the other commissioner

for a term of two years and until a successor is elected and qualified, unless other

terms are specified in the resolution or petition pursuant to subsection 2.

5. If a decrease in the number of park commissioners is approved by the electors, the

existing board members shall continue in office until the time when the terms of office

of two members of the board expire simultaneously. At that time, those two offices are

abolished. A different procedure for abolition of the two offices may be specified in the

resolution or petition pursuant to subsection 2.
N.D. Cent. Code § 40-01-13 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-13
40-01-13. Payment of accounts by municipality
Status: in_force

40-01-13. Payment of accounts by municipality

No account or claim shall be paid by a municipality unless the same has been audited and

allowed by the governing body thereof. Approval by the governing body shall be recorded in the

record of its proceedings and this shall be sufficient to indicate approval without requiring a

majority of the members of the governing body to sign or initial the voucher or order for

payment. No moneys shall be drawn from the treasury of a municipality except upon a warrant

from the auditor thereof signed by the executive officer of the municipality and attested by its

auditor or clerk.
N.D. Cent. Code § 40-36-14 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-14
40-36-14. Recourse to general fund to pay refunding bonds prohibited - Credit or taxing power not pledged to payment
Status: in_force

40-36-14. Recourse to general fund to pay refunding bonds prohibited - Credit or

taxing power not pledged to payment.

No recourse shall be had to the general fund of any municipality for the payment of

refunding bonds or interest thereon, or any part thereof. The credit or taxing power of any

municipality shall not be deemed to be pledged to the payment of refunding bonds.
N.D. Cent. Code § 40-48-23 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-23
40-48-23. Penalty for transfer of lots in unapproved subdivision - Injunction - Civil action
Status: in_force

40-48-23. Penalty for transfer of lots in unapproved subdivision - Injunction - Civil

action.

Any owner, or the agent of any owner, of land located within the territory of a subdivision

that is subject to the approval of a planning commission or governing body of a municipality who

transfers, sells, agrees to sell, or negotiates to sell any land by reference to or exhibition of a

plat of a subdivision, or by any other use thereof, before such plat has been approved by the

planning commission and governing body and recorded as approved in the office of the

appropriate recorder, shall forfeit and pay a penalty of one hundred dollars for each lot or parcel

transferred or sold or agreed or negotiated to be sold. The description of such lot or parcel by

metes and bounds in the instrument of transfer or other document used in the process of selling

or transferring shall not exempt the transaction from such penalties or from the remedies

provided in this section. The municipality may enjoin such transfer, sale, or agreement by an

action for injunction, or it may recover the penalty by a civil action.
N.D. Cent. Code § 40-61-12 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-12
40-61-12. State and city not liable on bonds - Exceptions as to cities
Status: in_force

40-61-12. State and city not liable on bonds - Exceptions as to cities

The bonds and other obligations of an authority shall not be a debt of the state of North

Dakota and the state shall not be liable thereon. The bonds and other obligations of an authority

shall not be a debt of a city and a city shall not be liable thereon unless a city agrees to assist in

financing projects and facilities through the issuance of municipal bonds or other obligations

which are considered to be a part of the debt of the city as provided in section 40-61-03.1.
N.D. Cent. Code § 40-29-12 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-12
40-29-12. Procedure for making limited repairs to sidewalks
Status: repealed

40-29-12. Procedure for making limited repairs to sidewalks

Repealed by S.L. 1969, ch. 374, § 2.
N.D. Cent. Code § 40-29-09 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-09
40-29-09. City auditor to deliver assessment rolls to county auditor - Extension - Collection
Status: in_force

40-29-09. City auditor to deliver assessment rolls to county auditor - Extension -

Collection.

The city auditor shall deliver to the county auditor a duplicate of all assessment rolls

containing assessments made under the provisions of this chapter, and the county auditor shall

extend the assessments in the proper column against the property assessed. Each assessment

shall be collected and the payment thereof enforced as county and state taxes are collected and

enforced. When collected, the assessment shall be paid over by the county treasurer to the city

auditor in the same manner as other taxes.
N.D. Cent. Code § 40-46-07 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-07
40-46-07. Acceptance of money and property by the board
Status: in_force

40-46-07. Acceptance of money and property by the board

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

personal property or other thing of value for the benefit of the city employees' pension fund, and

when received, such property shall become a part of such fund.
N.D. Cent. Code § 40-34-05 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-05
40-34-05. Supervision and control of plant - Rules and regulations governing - Charges for use of plant - Failure to pay - Collection
Status: in_force

40-34-05. Supervision and control of plant - Rules and regulations governing -

Charges for use of plant - Failure to pay - Collection.

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

which may have agreed to own and operate intercepting sewers or sewage disposal plants or

garbage disposal plants jointly, may designate certain officials of the municipality or

municipalities to have the supervision and control of the sewage disposal plant or plants and of

the garbage disposal plant or plants, or either of such plants. The governing body or the

respective governing bodies of such municipalities may make all necessary rules and

regulations governing the use, operation, and control thereof, and may establish just and

equitable rates and charges to be paid for the use of such disposal plant or system and such

garbage disposal plant or system, or either thereof, by a person, firm, corporation, or limited

liability company whose premises are served thereby. If the established service charge is not

paid when due, such sum may be recovered by the municipality or by the municipalities jointly in

an action at law, or such sum may be assessed against the premises served and collected and

returned in the same manner as other county and municipal taxes are assessed, certified,

collected, and returned.
N.D. Cent. Code § 40-63-08 — ND Code / Title 40 / Chapter 40-63 / Section 40-63-08
40-63-08. Contributions - Use
Status: repealed

40-63-08. Contributions - Use

Repealed by S.L. 2001, ch. 359, § 11.
N.D. Cent. Code § 40-35-13 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-13
40-35-13. Covenants that may be inserted in ordinance or resolution authorizing bonds
Status: in_force

40-35-13. Covenants that may be inserted in ordinance or resolution authorizing

bonds.

Any ordinance or resolution authorizing the issuance of bonds under this chapter to finance,

in whole or in part, the acquisition, construction, reconstruction, improvement, betterment, or

extension of an undertaking may contain covenants, notwithstanding that such covenants may

limit the exercise of powers conferred by this chapter, as to:

1. The rates, fees, tolls, or charges to be charged for the services, facilities, and

commodities of said undertaking.

2. The use and disposition of the revenues of said undertaking.

3. The creation and maintenance of reserves or sinking funds and the regulation, use,

and disposition thereof.

4. The purpose or purposes to which the proceeds of the sale of said bonds may be

applied and the use and disposition of such proceeds.

5. The events of default and the rights and liabilities arising thereon and the terms and

conditions upon which the holders of bonds issued under this chapter may bring any

suit or action on said bonds or on the coupons thereof.

6. The payment by the municipality to the account of said undertaking of a fair and

reasonable amount for the services, facilities, or commodities furnished said

municipality or any of its departments by said undertaking.

7. The issuance of other or additional bonds or instruments payable from or constituting a

charge against the revenue of such undertaking.

8. The insurance to be carried upon the undertaking and the use and disposition of

insurance moneys.

9. The keeping of books of account and the inspection and audit thereof.

10. The terms and conditions upon which any or all of the bonds shall become or may be

declared due before maturity and the terms and conditions upon which such

declaration and its consequences may be waived.

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

any covenants, conditions, or obligations.

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

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

trustees, and the limitation of liabilities thereof.

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

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

chapter or any duties imposed thereby.

14. A procedure by which the terms of any ordinance or resolution authorizing bonds or of

any other contract with bondholders, including, but not limited to, an indenture of trust

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

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

given.

15. The subordination of the security of any bonds issued hereunder and the payment of

principal and interest thereon, to the extent deemed feasible and desirable by the

governing body, to other bonds or obligations of the municipality issued to finance the

undertaking or that may be outstanding when the bonds thus subordinated are issued

and delivered.

Nothing in this section or in any other section of this chapter, however, shall authorize any

municipality to do anything in any manner or for any purpose which would result in the creation

or incurring of a debt or indebtedness or the issuance of any instrument, which would constitute

a bond or debt within the meaning of any provision, limitation, or restriction of the Constitution of

North Dakota relating to the creation or incurring of a debt or indebtedness or the issuance of an

instrument constituting a bond or a debt.
N.D. Cent. Code § 40-19-03 — ND Code / Title 40 / Chapter 40-19 / Section 40-19-03
40-19-03. Return of assessment roll by city assessor
Status: in_force

40-19-03. Return of assessment roll by city assessor

When the assessment is completed, and on or before the first day of April in each year, the

city assessor shall return the assessment roll to the city auditor. The assessment roll shall be

open to the inspection of the public until the meeting of the board of equalization of the

municipality. The city auditor shall deliver the assessment roll to the board of equalization of the

municipality at its regular meeting.
N.D. Cent. Code § 40-45-14 — ND Code / Title 40 / Chapter 40-45 / Section 40-45-14
40-45-14. Definitions for benefit purposes
Status: in_force

40-45-14. Definitions for benefit purposes

The benefits provided for in section 40-45-13 shall be subject to the following definitions:

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

member, or the child or children legally adopted by a deceased member prior to the

deceased member's retirement from active service or by a retired member prior to July

1, 1937.

2. "Surviving spouse" means only the surviving spouse of a marriage contracted prior to

retirement of a deceased member from active service or of a marriage of a retired

member contracted prior to July 1, 1937.
N.D. Cent. Code § 40-08-25 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-25
40-08-25. Messages to council
Status: in_force

40-08-25. Messages to council

The mayor annually and from time to time shall give the council information relative to the

affairs of the city and shall recommend for its consideration such measures as the mayor may

deem expedient.
N.D. Cent. Code § 40-35-03 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-03
40-35-03. Powers of municipality
Status: in_force

40-35-03. Powers of municipality

Any municipality, in addition to the powers prescribed elsewhere by the laws of this state,

shall have the power to:

1. Acquire by gift, purchase, or, subject to chapter 32-15, the exercise of the right of

eminent domain, property required to construct, reconstruct, improve, better, or extend

any undertaking, whether wholly within or wholly without the municipality, or partially

within and partially without the municipality, and easements, rights in lands, and water

rights in connection therewith.

2. Operate and maintain any undertaking for its own use and for the use of public and

private consumers and users within and without the territorial boundaries of the

municipality.

3. Prescribe, revise, and collect rates, fees, tolls, or charges for the services, facilities, or

commodities furnished by such undertaking, and in anticipation of the collection of the

revenues of such undertaking, issue revenue bonds to finance in whole or in part the

cost of the acquisition, construction, reconstruction, improvement, betterment, or

extension of any undertaking.

4. Pledge to the punctual payment of said bonds and the interest thereon all or any part

of the revenues of such undertaking, including the revenues of improvements,

betterments, or extensions thereof which may be constructed or acquired subsequent

to the issuance of such bonds as well as the revenues of existing systems, plants,

works, instrumentalities, and properties of the undertaking so improved, bettered, or

extended, or of any part of such undertaking.

5. Make all contracts, execute all instruments, and do all things necessary or convenient

in the exercise of the powers herein granted or in the performance of its covenants or

duties or in order to secure the payment of its bonds, but no encumbrance, mortgage,

or other pledge of property of the municipality shall be created by any such contract or

instrument.

6. Enter into and perform contracts, whether long-term or short-term, with any industrial

establishment for the provision and operation by the municipality of sewerage facilities,

when the governing body of the municipality determines such action to be in the public

interest and necessary for the protection of the public health, in order to abate or

reduce the pollution of waters caused by discharges of industrial wastes by the

industrial establishment, and for the payment periodically by the industrial

establishment to the municipality of amounts at least sufficient, in the determination of

such governing body, to compensate the municipality for the cost of providing,

including payment of principal and interest charges, if any, and of operating and

maintaining the sewerage facilities serving such industrial establishment.

7. Enter into and perform such contracts and agreement with other municipalities,

political subdivisions, and state institutions, as the respective governing bodies of the

same may deem proper and feasible for or concerning the planning, construction,

lease, or other acquisition and the financing of sewerage facilities and the

maintenance and operation thereof. Any such municipalities so contracting with each

other may also provide in any contract or agreement for a board, commission, or such

other body as their governing bodies may deem proper for the supervision and general

management of the sewerage facilities and for the operation thereof, and may

prescribe its powers and duties and fix the compensation of the members thereof.

8. Accept from any authorized agency of the federal government loans or grants for the

planning, construction, acquisition, lease, or other provision of any undertaking, and to

enter into agreements with such agency respecting such loan or grants.

No property of the municipality shall be liable to be forfeited or taken in payment of any bonds

issued under this chapter, and no debt on the general credit of the municipality shall be incurred

in any manner for any purpose under any provision of this chapter.
N.D. Cent. Code § 40-02-13 — ND Code / Title 40 / Chapter 40-02 / Section 40-02-13
40-02-13. Procedure in the case of incorporation of city under the commission system of government
Status: in_force

40-02-13. Procedure in the case of incorporation of city under the commission

system of government.

If the municipality organized under the provisions of this chapter is a city under the

commission system of government, the board of county commissioners shall make returns to

the secretary of state, and a patent shall be issued by the governor in accordance with the

applicable provisions of chapter 40-04, and with like effect.
N.D. Cent. Code § 40-27-13 — ND Code / Title 40 / Chapter 40-27 / Section 40-27-13
40-27-13. Refunding callable funding bonds or refunding warrants - Terms and conditions
Status: in_force

40-27-13. Refunding callable funding bonds or refunding warrants - Terms and

conditions.

Any municipality may refund, according to the procedure set forth in this chapter, any

funding bonds issued under this chapter which are callable prior to maturity or which shall be

surrendered voluntarily for refunding, by the issuance of bonds upon the same terms and

conditions except as to interest, whenever by so doing a saving in interest can be effected. Any

municipality having valid outstanding refunding special improvement warrants or bonds issued

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

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

with the consent of the warrantholders or bondholders, may issue new refunding special

improvement bonds to refund such outstanding warrants or bonds, if there is not sufficient

money in the fund or funds against which such outstanding refunding warrants or bonds are

drawn to pay the principal or interest or both or if a deficiency is likely to occur in the fund or

funds within one year for payment of principal or interest thereon. Such new bonds may be

issued for the purpose of extending the maturities of the outstanding refunding warrants or

bonds, or reducing the debt service thereon, or equalizing the general tax which the municipality

may be, or may become, obligated to levy to discharge deficiencies in the fund or funds against

which they are drawn. Such new bonds shall be issued according to the procedure set forth in

this chapter for the issuance of the original refunding special improvement warrants or bonds. If

refunding improvement bonds are issued and sold six months or more before the earliest date

on which all outstanding refunding improvement warrants or bonds of the issue to be refunded

thereby mature or are prepayable in accordance with their terms, the proceeds of the new

bonds, including any premium and accrued interest, shall be deposited in escrow with a suitable

bank or trust company, having its principal place of business within or without the state, and

shall be invested in such amount and in securities maturing on such dates and bearing interest

at such rates as shall be required to provide funds sufficient to pay when due the interest to

accrue on each warrant or bond refunded to its maturity or, if it is prepayable and called for

redemption, to an earlier prior date upon which it may be called for redemption, and to pay and

redeem the principal amount of each such warrant or bond at maturity or, if prepayable and

called for redemption, at the earlier redemption date, and any premium required for redemption

on such date, or in the case of a crossover refunding, must be invested in securities irrevocably

appropriated to the payment of principal and interest on the refunding improvement bonds until

the date the proceeds are applied to the payment or redemption of the bonds or warrants to be

refunded. The governing body's resolution authorizing the new bonds shall irrevocably

appropriate for these purposes the escrow fund and all investments thereof, which shall be held

in safekeeping by the escrow agent, and all income therefrom, and may provide for the call for

redemption of all prepayable bonds in accordance with their terms. The securities to be

purchased with the escrow fund shall be limited to general obligations of the United States,

securities whose principal and interest payments are guaranteed by the United States, and

securities issued by the following United States government agencies: banks for cooperatives,

federal home loan banks, federal intermediate credit banks, federal land banks, and the federal

national mortgage association. Such securities shall be purchased simultaneously with the

delivery of the new bonds. Moneys on hand in the refunding improvement bond fund maintained

for the payment of the outstanding bonds, and not immediately needed for the payment of

interest or principal due, or other legally available funds of the municipality may likewise be

deposited in the escrow fund and invested in the same manner as the proceeds of the new

bonds, to the extent consistent with the provisions of resolutions authorizing the outstanding

bonds.
N.D. Cent. Code § 40-08-08 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-08
40-08-08. Vacancies on council - How filled
Status: in_force

40-08-08. Vacancies on council - How filled

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

council may call a special city election to fill the vacancy for the unexpired term, or may, after

fifteen days of the date of the vacancy appoint a person from the ward in which the council

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

election, at which election the unexpired term must be filled. Upon petition of five percent of the

qualified electors of the ward, as determined by the total number of votes cast in that ward in the

last city general election, the council shall call a special election to fill a vacancy occurring more

than six months before the next city election, if the petition has been submitted within fifteen

days and before four p.m. of the fifteenth day of the date of the vacancy or of the vacancy being

filled by appointment. If the petition is mailed, it must be in the possession of the council or its

representative before four p.m. on the fifteenth day after the vacancy occurs or after the

vacancy was filled by appointment.
N.D. Cent. Code § 40-22-34 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-34
40-22-34. Insufficiency of bonds - New bonds required - Failure to furnish
Status: repealed

40-22-34. Insufficiency of bonds - New bonds required - Failure to furnish

Repealed by S.L. 1995, ch. 443, § 29.
N.D. Cent. Code § 40-35-10 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-10
40-35-10. Bonds and receipts or certificates issued pending preparation of bonds - Negotiability
Status: in_force

40-35-10. Bonds and receipts or certificates issued pending preparation of bonds -

Negotiability.

Pending the preparation of the definitive bonds, interim receipts or certificates, in the form

and with the provisions the governing body may determine, may be issued to the purchaser or

purchasers of bonds sold pursuant to this chapter. Said bonds and interim receipts or

certificates shall be negotiable within the meaning of and for all the purposes specified in title

41.
N.D. Cent. Code § 40-58-06 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-06
40-58-06. Preparation, adoption, and revision of development or renewal plans
Status: in_force

40-58-06. Preparation, adoption, and revision of development or renewal plans

1. A municipality may not approve a development or renewal plan for a development or

renewal area unless the governing body by resolution determines that the area is a

slum or blighted area or consists of industrial or commercial property, or a combination

of those areas or properties, and designates the area or properties as appropriate for a

development or renewal project. The local governing body may not approve a

development or renewal plan until a general plan for the municipality is prepared. For

this purpose and other municipal purposes, a municipality may prepare, adopt, and

revise a general plan for the physical development of the municipality as a whole

giving due regard to the environs and metropolitan surroundings, establish and

maintain a planning commission for this purpose and related municipal planning

activities, and make available and appropriate necessary funds for these purposes. A

municipality may not acquire real property for a development or renewal project unless

the governing body approves the development or renewal plan in accordance with

subsection 4.

2. The municipality may prepare or cause to be prepared a development or renewal plan,

or any person or agency, public or private, may submit a development or renewal plan

to a municipality. Prior to its approval of a development or renewal plan, the governing

body shall submit the plan to the planning commission of the municipality, if any, for

review and recommendations as to its conformity with the general plan for the

development of the municipality as a whole. However, if the development or renewal

plan relates only to proposed development of industrial or commercial property, the

governing body is not required to submit the plan to the planning commission unless

the proposed development is not consistent with the comprehensive city plan. The

planning commission shall submit its written recommendations with respect to the

proposed development or renewal plan to the governing body within thirty days after

receipt of the plan for review. Upon receipt of the recommendations of the planning

commission, or if no recommendations are received within the thirty-day period, the

governing body may proceed with the hearing on the proposed development or

renewal plan prescribed by subsection 3.

3. The governing body shall hold a public hearing on a development or renewal plan or

substantial modification of an approved plan, after public notice of the hearing is

provided by publication in a newspaper having a general circulation in the area of

operation of the municipality. The notice must describe the time, date, place, and

purpose of the hearing, generally identify the development or renewal area covered by

the plan, and outline the general scope of the development or renewal project under

consideration.

4. Following the hearing, the governing body may approve a development or renewal

plan if it finds that:

a. A feasible method exists for the location of families who will be displaced from the

development or renewal area in decent, safe, and sanitary dwelling

accommodations within their means and without undue hardship to those

families;

b. The development or renewal plan conforms to the general plan of the municipality

as a whole; and

c. The development or renewal plan will afford maximum opportunity, consistent

with the sound needs of the municipality as a whole, for the development,

rehabilitation, or redevelopment of the development or renewal area by private

enterprise.

5. A development or renewal plan may be modified at any time; provided, that if modified

after the lease or sale by the municipality of real property in the development or

renewal project area, the modification is subject to the rights at law or in equity as a

lessee or purchaser, or the lessee's or purchaser's successor or successors in

interest, is entitled to assert. Any proposed modification which will substantially change

the development or renewal plan as previously approved by the governing body is

subject to the requirements of this section, including the requirement of a public

hearing, before it may be approved.

6. Upon the approval of a development or renewal plan by the municipality, the provisions

of the plan governing the future use and building requirements applicable to the

property covered by the plan control the future use of and building on the property.
N.D. Cent. Code § 40-16-13 — ND Code / Title 40 / Chapter 40-16 / Section 40-16-13
40-16-13. Warrants - Cancellation - Destruction - Description in minutes
Status: in_force

40-16-13. Warrants - Cancellation - Destruction - Description in minutes

The governing body, at a regular meeting, may cancel and destroy all warrants drawn on

any fund of the city which have remained on file for a period of one year or more next preceding

the regular meeting at which the cancellation takes place. The governing body may cancel and

destroy all warrants and checks which have been subject to payment and which have not been

presented for payment for a period of one year or more next preceding such regular meeting.

The governing body, before canceling and destroying any such warrants or checks, shall cause

to be entered in the minutes of its proceedings a brief description of the warrant or check,

containing the name of the payee, and the number, date, and amount of each warrant or check

to be canceled and destroyed. If the party entitled to any such warrant or check, or to payment

thereon, shall appear thereafter and give good and sufficient reason for that party's delay in

calling for such warrant or check or in presenting the same for payment, the governing body

may issue to that person a new warrant or check in the amount to which that person is entitled,

except for the statute of limitations.
N.D. Cent. Code § 40-48-22 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-22
40-48-22. Items considered in approving plat - Notations made on plat - Deed delivered to municipality or county
Status: in_force

40-48-22. Items considered in approving plat - Notations made on plat - Deed

delivered to municipality or county.

Before the approval of a plat, the planning commission and the governing body shall take

into consideration the prospective character of the development of the area included in the plat

and of the surrounding territory. The owner of the land or the owner's agent who files the plat

may add as a part of the plat a notation to the effect that no offer or dedication of the streets,

parks, or playgrounds shown thereon, or of any of them, is made to the public. The owner or the

owner's agent may show by a dotted line on the plat the dedication of an easement for building

setback lines or for use in establishing public utility lines. At the time of the filing of the plat, the

planning commission or the governing body may require that a deed to the fee for streets or

other areas offered for dedication to the public on said plat be delivered to the municipality or

county, as the case may be, where the same are located.
N.D. Cent. Code § 40-23-19 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-19
40-23-19. Assessments on annexed property for previous benefits
Status: in_force

40-23-19. Assessments on annexed property for previous benefits

Any property that was outside the corporate limits of the municipality at the time of

contracting for an improvement, which is benefited by the improvement and is subsequently

annexed to the municipality, may be assessed for the improvement subject to the same

conditions and by the same procedure as provided in section 40-23-18. The property that is

benefited may also be assessed for any improvement, within or outside the corporate limits,

which is determined by the governing body and the special assessment commission to benefit

property that was outside the corporate limits at the time of contracting for the improvement,

whether or not an improvement district was previously created for the improvement. For this

purpose, the governing body may create one or more improvement districts comprising all or

part of the annexed territory. The governing body may provide for the levy of special

assessments upon such property in the manner provided in this title, but may dispense with the

requirements of this title as to the adoption of a resolution of necessity and the advertisement

and award of a contract for the improvement. Assessment proceedings under this section are

valid notwithstanding any failure of the previous proceedings to comply with the provisions of

law regarding improvements to be financed by special assessments. The governing body may

use a reasonable depreciation schedule for the improvement in determining the amount of any

special assessment subsequently levied under this section.
N.D. Cent. Code § 40-22.1-01 — ND Code / Title 40 / Chapter 40-22.1 / Section 40-22.1-01
40-22.1-01. Improvements by special assessments for business promotion
Status: in_force

40-22.1-01. Improvements by special assessments for business promotion

A municipality may defray the expense of improvements by special assessments for the

promotion of business activity and new business development through any means not

inconsistent with the purposes of this chapter, including advertising, public information,

marketing, maintenance and decoration of public places, promotion of public events, furnishing

of music in any public place, providing professional management, planning, and promotion, and

the general promotion of trade activities. The governing body of the municipality may make and

execute necessary or convenient agreements to exercise the powers and functions under this

chapter, including contracts with any entity. In planning an improvement project under this

chapter the governing body may include any work and materials which are deemed necessary

or reasonably incidental to the project. A municipality may not issue warrants, bonds, or any

other form of indebtedness in anticipation of the levy and collection of assessments under this

chapter.
N.D. Cent. Code § 40-10-03 — ND Code / Title 40 / Chapter 40-10 / Section 40-10-03
40-10-03. City manager - How selected - Qualifications - Compensation - Term
Status: in_force

40-10-03. City manager - How selected - Qualifications - Compensation - Term

The city manager shall be the chief administrative officer of the city and shall be chosen by

the governing body solely on the basis of the person's qualifications. The choice shall not be

limited to the inhabitants of the city or state and a majority vote of the members of the governing

body shall be necessary to make the choice. The city manager shall receive a compensation of

not less than one thousand dollars a year and shall be chosen for an indefinite term.
N.D. Cent. Code § 40-42-01 — ND Code / Title 40 / Chapter 40-42 / Section 40-42-01
40-42-01. Claim against municipality for damages arising from defective streets, sidewalks, or bridges must be filed
Status: repealed

40-42-01. Claim against municipality for damages arising from defective streets,

sidewalks, or bridges must be filed.

Repealed by S.L. 1977, ch. 303, § 18.
N.D. Cent. Code § 40-02-08 — ND Code / Title 40 / Chapter 40-02 / Section 40-02-08
40-02-08. Polling hours at election on question of incorporation
Status: in_force

40-02-08. Polling hours at election on question of incorporation

At the election called to vote on the question of incorporation of a municipality under this

chapter, the polls shall be opened at nine a.m. on the day specified in the notice and shall be

kept open until seven p.m. At such election, the voters first shall proceed to the election of three

inspectors, who, after being chosen and qualified and one of their number elected clerk, without

delay shall proclaim that the polls are open.
N.D. Cent. Code § 40-47-05.1 — ND Code / Title 40 / Chapter 40-47 / Section 40-47-05.1
40-47-05.1. Zoning - Nonconforming structure
Status: in_force

40-47-05.1. Zoning - Nonconforming structure

1. Notwithstanding any other provision of law or zoning ordinance, a nonconforming

structure devoted to residential use and located in a residential zoning district may be

repaired, replaced, improved, maintained, restored, or rebuilt in its entirety even

though the structure is damaged beyond fifty percent of its value if:

a. An application for a building permit is submitted within six months of the date the

damage occurs;

b. Restoration begins within one year of the date the damage occurred;

c. The lot or parcel upon which the structure dedicated to residential use is located

abuts a public right of way; and

d. The new structure will not:

(1) Occupy a portion of the lot which was not occupied by the damaged

structure;

(2) Have more square footage than the damaged structure;

(3) Exceed the height or number of stories of the damaged structure;

(4) Diminish the number of off-street parking spaces located on the property

from the number of spaces before the damage;

(5) Violate existing building and fire codes;

(6) Violate existing sanitary or health standards imposed by the local health

district;

(7) Pose a risk to public health or safety;

(8) Encroach upon a public right of way; or

(9) Encroach upon any neighboring property.

2. Under subsection 1, expansion of a nonconforming structure is prohibited unless the

expansion is in compliance with applicable zoning ordinances and state laws and

rules. The zoning authority shall determine whether a proposed expansion is in

compliance.

3. Under subsection 1, a nonconforming structure may not be moved unless the

movement or relocation will bring the structure into compliance with all applicable

zoning ordinances.

4. Notwithstanding subsection 1, the zoning authority shall regulate the repair,

replacement, improvement, maintenance, restoration, rebuilding, or expansion of

nonconforming uses and structures in floodplain areas to the extent necessary to

maintain eligibility in the national flood insurance program and adhere fully to all

applicable floodplain management ordinances without increasing flood damage

potential or increasing the degree of obstruction to floodflows in the floodway.

5. Notwithstanding section 40-47-13 and subsections 1, 2, and 3, the zoning authority

may create a less restrictive ordinance or regulation.

6. Unless the city determines that the repair, replacement, improvement, maintenance,

restoration, or rebuilding of a nonconforming structure will violate subdivision d of

subsection 1, the city shall issue a building permit to a property owner that meets the

qualifications under subsection 1.

7. For purposes of this section, "nonconforming structure" means a structure that was

legal before a change in ordinance made the structure nonconforming.
N.D. Cent. Code § 40-08-03 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-03
40-08-03. Number of council members
Status: in_force

40-08-03. Number of council members

The number of council members is not less than three. The number of council members

may be increased or decreased pursuant to section 40-06-09.
N.D. Cent. Code § 40-08-03.2 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-03.2
40-08-03.2. City auditor to pass on sufficiency of petition requesting change to ten council members and mayor
Status: repealed

40-08-03.2. City auditor to pass on sufficiency of petition requesting change to ten

council members and mayor.

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 40-23-05 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-05
40-23-05. Notice to special assessment commission
Status: in_force

40-23-05. Notice to special assessment commission

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 notify the chairman of the special assessment commission and shall certify to the

chairman the items of the total cost thereof so far as the same have been ascertained. The

chairman immediately shall call a meeting of the commission, which shall proceed as

expeditiously as possible to make and return the special assessment as provided in this

chapter. The total cost of the improvement which may be certified to the assessment

commission 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 assessments therefor. If 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 § 40-10-01 — ND Code / Title 40 / Chapter 40-10 / Section 40-10-01
40-10-01. Petition for city manager - Contents - Notice of election - Election
Status: in_force

40-10-01. Petition for city manager - Contents - Notice of election - Election

Twenty-five percent or more of the qualified electors of a city, as shown by the number of

votes cast for the executive officer of the city at the preceding city election, may petition for the

city manager plan of government. Within thirty days after such petition is filed with the city

auditor, the governing body of the city shall provide for the submission of such proposal to the

qualified electors of the city at an election to be held within ninety days after such filing. The city

auditor shall give thirty days' notice of the date of the election and of the purposes thereof. The

notice of election shall state briefly the powers of the city manager if the plan should be

adopted. The election shall be held, the votes canvassed, and the results declared in the same

manner as in the case of city elections.
N.D. Cent. Code § 40-57.1-06 — ND Code / Title 40 / Chapter 40-57.1 / Section 40-57.1-06
40-57.1-06. Change in investment, new location, or change in project operator or use requiring reapplication for tax exemption or payments in lieu of taxes
Status: in_force

40-57.1-06. Change in investment, new location, or change in project operator or use

requiring reapplication for tax exemption or payments in lieu of taxes.

If the capital investment in the buildings, structures, fixtures, and improvements comprising

the project exceeds the original investment or total investment after an approved reapplication

under this section because expansion of the project has increased the investment in the project

by more than twenty percent, the project operator must reapply to receive an exemption or to

make payments in lieu of taxes on the added value of the property. If the project operator does

not reapply, or if the reapplication is disapproved, the increased capital value of the buildings,

structures, fixtures, and improvements comprising the project is subject to ad valorem taxation.

If at any time a project operator who is exempt from taxation or subject to payments in lieu of

taxes under this chapter moves the business to a new location, the project operator must

reapply to retain the remaining balance of the property tax exemption or the option to make

payments in lieu of taxes or elect to make application as a new business. A business relocation

has no effect on the income tax exemption of the project operator if it is shown by the project

operator to the satisfaction of the state board of equalization that the nature of the business has

not been changed by the move and that the effect of the business upon competitors has not

been changed by the move. In addition, a property tax exemption or option to make payments in

lieu of taxes provided by this chapter applies only to the project operator to whom it is granted

and is valid only while the property is used for the purposes stated in the application. If there is a

change in use of the property or if a new project operator takes possession of the property, the

property tax exemption or option to make payments in lieu of taxes terminates and the project

operator must file a new application with the municipality for a tax exemption or option to make

payments in lieu of taxes for the remainder of the exemption or payments in lieu of taxes period

provided under section 40-57.1-03.
N.D. Cent. Code § 40-02-02 — ND Code / Title 40 / Chapter 40-02 / Section 40-02-02
40-02-02. Census required
Status: in_force

40-02-02. Census required

Prior to the commencement of any proceedings to incorporate territory as a municipality, the

persons intending to submit the petition for incorporation shall cause a census of the resident

population of the territory to be taken not more than sixty days previous to the time when the

petition is submitted to the board of county commissioners as provided in this chapter. The

census shall show the name of every elector and of every head of a family residing within the

territory on that day and the number of persons then belonging to that family, and the census

shall be verified by the affidavit of the person taking it.
N.D. Cent. Code § 40-52-05 — ND Code / Title 40 / Chapter 40-52 / Section 40-52-05
40-52-05. Changes to be made in papers, plats, and records of municipality
Status: in_force

40-52-05. Changes to be made in papers, plats, and records of municipality

Whenever a change in the number or boundaries of wards is made, the governing body of

the municipality shall direct the municipal attorney to cause to be made all needful changes in

papers, plats, and matters of record.
N.D. Cent. Code § 40-05.1-01 — ND Code / Title 40 / Chapter 40-05.1 / Section 40-05.1-01
40-05.1-01. Enabling clause
Status: in_force

40-05.1-01. Enabling clause

Any city may frame, adopt, amend, or repeal home rule charters as provided in this chapter.
N.D. Cent. Code § 40-34-03 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-03
40-34-03. Mortgages and mortgage bonds - Issuance over debt limit - Not general obligations - Vote required to issue - Conditions
Status: in_force

40-34-03. Mortgages and mortgage bonds - Issuance over debt limit - Not general

obligations - Vote required to issue - Conditions.

Municipalities may issue mortgage bonds beyond the general limits of the bonded

indebtedness prescribed by law for the purpose of defraying the cost, or a part thereof, of a

sewage disposal plant and system or of a garbage disposal plant in accordance with the

provisions of section 40-34-02. The bonds shall not impose any general liability upon the issuing

municipality but shall be paid only out of the revenues received from the service charges as

provided in this chapter or from the sale of the property under foreclosure of the mortgage or

deed of trust. The bonds shall be sold for not less than ninety-eight percent of par and shall bear

interest at a rate or rates resulting in an average annual net interest cost of not more than

twelve percent per annum on those issues which are sold at private sale. There is no interest

rate ceiling on those issues sold at public sale or to the state of North Dakota or any of its

agencies or instrumentalities. No bonds shall be issued, however, except upon the affirmative

vote of three-fifths or more of the members of the governing body of the issuing municipality,

and the form, recitals, maturities, rate of interest, and whether the bonds shall be payable

annually or semiannually, shall be determined by the same vote. A municipality is authorized to

execute and deliver any mortgage or deed of trust contemplated under this chapter.
N.D. Cent. Code § 40-22-20 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-20
40-22-20. Bid to be accompanied by a bond - Bond retained upon failure of bidder to contract - Amount of bond
Status: repealed

40-22-20. Bid to be accompanied by a bond - Bond retained upon failure of bidder to

contract - Amount of bond.

Repealed by S.L. 1995, ch. 443, § 29.
N.D. Cent. Code § 40-22-40 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-40
40-22-40. City auditor to keep complete record of improvements - Record as evidence
Status: in_force

40-22-40. City auditor to keep complete record of improvements - Record as

evidence.

The city auditor shall keep in the city auditor's office a complete record of all the

proceedings taken in the matter of making any improvements under this chapter. Such record

shall include all reports and the confirmations thereof, all petitions, orders, appointments of

commissioners, notices and proofs of publications, and resolutions of the governing body. Such

record, a certified transcript thereof, or the original papers, proofs of publications, orders, or

resolutions on file in such office shall be admitted in evidence in any court or place in this state

without further proof as evidence of the facts therein contained.
N.D. Cent. Code § 40-08-10 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-10
40-08-10. Meetings of council - Regular, special, and for organization
Status: in_force

40-08-10. Meetings of council - Regular, special, and for organization

The city council shall hold its regular meetings at least once a month on a date certain

established by resolution or ordinance of the council, and may prescribe by ordinance the

manner in which special meetings may be called as well as the establishment of any additional

regular meetings desired. If a regular meeting falls upon a holiday, the meeting must be held

upon the next business day with the same effect as if conducted upon the day appointed. All

regular and special meetings must be held at a time and place designated by the city council.

The meeting for the organization of the city council must be held in conjunction with the first

meeting in July of each even-numbered year.
N.D. Cent. Code § 40-33.1-02 — ND Code / Title 40 / Chapter 40-33.1 / Section 40-33.1-02
40-33.1-02. Municipal steam heating authorities
Status: in_force

40-33.1-02. Municipal steam heating authorities

Any city may create a board to be known as a "municipal steam heating authority". Such

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

commence upon the appointment of the members as herein provided. It shall consist of a

chairman and four other members, who shall be appointed by the governing body of the city.

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

members shall be appointed at large. Of the members first appointed, one shall be appointed for

a period of one year, one for a period of two years, one for a period of three years, one for a

period of four years, and one for a period of five years. At the expiration of such terms, the terms

of office of their successors shall be five years. Each member shall continue to serve until the

appointment and qualification of the member's successor. Vacancies in such board occurring

otherwise than by the expiration of a term shall be filled for the unexpired term. The members of

the board shall choose from their number a chairman and a vice chairman. The governing body

of the city may remove any member of the board for inefficiency, neglect of duty, or misconduct

in office, giving that member a copy of the charges against that member and an opportunity of

being heard in person, or by counsel, in that member's defense upon not less than ten days'

notice. The members of the board shall be entitled to no compensation for their services but

shall be entitled to reimbursement for their actual and necessary expenses incurred in the

performance of their official duties. The powers of the authority shall be vested in and exercised

by a majority of the members of the board then in office. Such board may delegate to one or

more of its members or to its officers, agents, and employees such powers and duties as it may

deem proper. Such board and the corporate existence of the authority shall continue until all its

liabilities have been met and until the existence of the authority is terminated by official action of

the governing body of the city. Upon its ceasing to exist, all its rights and properties shall pass to

the city.
N.D. Cent. Code § 40-02-15 — ND Code / Title 40 / Chapter 40-02 / Section 40-02-15
40-02-15. Division of property and indebtedness between municipality and township
Status: in_force

40-02-15. Division of property and indebtedness between municipality and township

If a municipality is organized under the provisions of this chapter from territory which has

been a part of a civil township, any property owned, and any debts owed, by the township prior

to the separation shall be divided between the municipality and the township in the proportion

which the valuation of the property in the municipality bears to the valuation of the property in

the township. The valuations used shall be the valuations as equalized by the board of county

commissioners at the last equalization previous to the separation. Real estate which is owned

jointly shall belong to the municipality if it is situated therein, and in such case, the municipality

shall pay to the township its proportion of the value thereof and shall assume its just proportion

of any indebtedness thereon.
N.D. Cent. Code § 40-57-12 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-12
40-57-12. Validity of bonds
Status: in_force

40-57-12. 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 project 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 § 40-33.1-04 — ND Code / Title 40 / Chapter 40-33.1 / Section 40-33.1-04
40-33.1-04. Financing projects and facilities
Status: in_force

40-33.1-04. Financing projects and facilities

An authority may provide funds for its purposes by using the following methods or any

combination thereof:

1. Charging a fee for the sale or use of steam produced by the authority.

2. Issuing notes of an authority as authorized by this chapter.

3. In cooperation with cities whereby cities may agree to assist in financing projects and

facilities through the issuance of municipal bonds or other obligations, budgeting of

current funds, the levy of taxes or special assessments, or by any combination of

these means pursuant to or in accordance with the provisions of chapters 21-03, 40-22

to 40-27, 40-35, 40-40, and 40-57, and all other applicable laws now in force or

hereafter enacted.

4. Making a special assessment against any property directly benefited by the steam

produced by the authority, as provided in section 40-33.1-15.
N.D. Cent. Code § 40-01-01 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-01
40-01-01. Definitions
Status: in_force

40-01-01. Definitions

In this title, unless the context or subject matter otherwise requires:

1. "City" includes cities incorporated under the city council form and city commission

system of government, unless the contrary shall appear.

2. "Executive officer" means the mayor in council cities or the president of the board of

city commissioners in commission cities.

3. "Governing body" means the city council or the board of city commissioners, as the

case may be, of a municipality concerned or affected.

4. "Municipal corporation" or "municipality" includes all cities organized under the laws of

this state, but shall not include any other political subdivision.

5. "Warrant" means an order drawn by the proper official of the city on its treasury, the

warrant or order to be so drawn that when signed by the auditor in an appropriate

place it becomes a check on the depository of such city, and no warrant upon the

treasury shall be delivered or mailed to the payee or the payee's agent or

representative until such warrant has been signed by the auditor and entered on the

auditor's books as a check drawn on a bank depository.
N.D. Cent. Code § 40-47-04 — ND Code / Title 40 / Chapter 40-47 / Section 40-47-04
40-47-04. Determining and enforcing regulations - Public hearing and notice thereof - Publication of regulations, restrictions, and boundaries
Status: in_force

40-47-04. Determining and enforcing regulations - Public hearing and notice thereof -

Publication of regulations, restrictions, and boundaries.

1. The governing body of a city which uses zoning regulations shall provide for the

manner in which the regulations and restrictions must be established, enforced, or

supplemented, and for the manner in which the boundaries of the districts must be

established and from time to time changed. A copy of each proposed regulation,

restriction, or boundary must be filed with the city auditor. No regulation, restriction, or

boundary may become effective until after a public hearing at which parties in interest

and citizens shall have an opportunity to be heard. Notice of the hearing must be

published once a week for two successive weeks before the time set for the hearing in

the official newspaper of the city. The notice must contain the following items:

a. The time and place of the hearing.

b. A description of any property involved in any zoning change, by street address if

streets have been platted or designated in the area affected.

c. A description of the nature, scope, and purpose of the proposed regulation,

restriction, or boundary.

d. A statement of the times at which it will be available to the public for inspection

and copying at the office of the city auditor.

2. Upon establishment of any regulation, restriction, or boundary hereunder, the

governing body of a city shall file a certified copy thereof with the city auditor and shall

cause notice of the same to be published in the official newspaper of the city. The

notice must describe the nature, scope, and purpose of the regulation, restriction, or

boundary and must state the times at which it will be available to the public for

inspection and copying at the office of the city auditor.

3. The governing body of a city, a city zoning commission, and a board of adjustment

shall state the grounds upon which any request for a zoning amendment or variance is

approved or disapproved, and written findings upon which the decision is based must

be included within the records of the governing body, commission, or board.
N.D. Cent. Code § 40-24-11 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-11
40-24-11. Certification of assessments to county auditor
Status: in_force

40-24-11. Certification of assessments to county auditor

Annually, the city auditor shall certify to the county auditor all uncertified installments of

assessments which are to be extended upon the tax lists of the municipality for the current year

in the manner provided in section 40-24-12. The annual certification shall continue until the

amount of moneys on deposit in the fund established pursuant to section 40-24-18 is sufficient

to cover outstanding principal of and interest on any obligations issued to fund such projects,

and in addition thereto, to repay the city for any payments made by the city to fund deficiencies

in the fund established pursuant to section 40-24-18.