N.D. Cent. Code § 40-48-21 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-21
40-48-21. Approval of plats by commission - Hearings - Notice - Effect
Status: in_force

40-48-21. Approval of plats by commission - Hearings - Notice - Effect

Within thirty days after the submission of a plat, the planning commission shall approve or

disapprove the plat. If the plat is not approved or disapproved within that time, the plat is

deemed to have been approved, and a certificate to that effect must be issued by the

commission on demand. The applicant, however, may waive the requirement that the

commission act within thirty days and may consent to an extension of the period. The

commission shall state the grounds upon which any plat is approved or disapproved, and written

findings upon which the decision is based must be included within the records of the

commission. Any plat submitted to the commission must contain the name and address of an

individual to whom notice of a hearing must be sent. No action may be taken by the commission

upon any plat until the commission has afforded a hearing thereon. At least five days before the

date fixed for the hearing, a notice of the time and place of the hearing must be sent by

registered mail to the address shown on the plat. Public notice of all hearings also must be

given. Every plat approved by the commission may be adopted by the commission as an

amendment of or addition to the master plan without further hearing.
N.D. Cent. Code § 40-22.1-06 — ND Code / Title 40 / Chapter 40-22.1 / Section 40-22.1-06
40-22.1-06. Resolution declaring improvements necessary - Contents of resolution - Publication of resolution
Status: in_force

40-22.1-06. Resolution declaring improvements necessary - Contents of resolution -

Publication of resolution.

After the report required by section 40-22.1-04 has been filed and approved, the governing

body of the municipality shall declare by resolution that it is necessary to make the

improvements. A resolution is not required if the governing body determines by resolution that a

written petition for the improvement, signed by the owners of a majority of the area of the

property included within a district, has been received. The resolution must refer intelligibly to the

report and must include a map of the municipality showing the proposed business improvement

district. The resolution must be published once each week for two consecutive weeks in the

official newspaper of the municipality.
N.D. Cent. Code § 40-22-02 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-02
40-22-02. Sewerage system - Establishment, maintenance, and alteration - Vote required
Status: in_force

40-22-02. Sewerage system - Establishment, maintenance, and alteration - Vote

required.

The governing body of any municipality may establish, maintain, and alter a general system

of sewerage for the municipality in such manner and under such regulations as it shall deem

expedient and proper. No action shall be taken for the establishment of a sewerage system

except upon the affirmative vote of two-thirds of the members of the governing body. When a

sewerage system is established, all measures necessary for the construction of sewers as a

part of that system may be taken by a vote of the majority of the governing body.
N.D. Cent. Code § 40-33-13 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-13
40-33-13. Municipality may sell surplus electricity or water outside of municipal limits
Status: in_force

40-33-13. Municipality may sell surplus electricity or water outside of municipal limits

Whenever the governing body shall deem it advisable, a municipality owning and operating

its own electric lighting system or waterworks may enter into contracts with persons,

corporations, or limited liability companies maintaining manufacturing plants, residences, or

other buildings outside of the municipal limits, to furnish such plants or buildings with electricity

or water if it can be furnished from the surplus remaining after supplying the needs of the

municipality and its inhabitants.
N.D. Cent. Code § 40-09-14 — ND Code / Title 40 / Chapter 40-09 / Section 40-09-14
40-09-14. Rules and regulations governing departments and agencies of city made by board
Status: in_force

40-09-14. Rules and regulations governing departments and agencies of city made by

board.

The board of city commissioners shall have the sole authority to pass and adopt rules and

regulations concerning the organization, management, and operation of all the departments of

the city and the other agencies created by it for the administration of the city's affairs.
N.D. Cent. Code § 40-34-19 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-19
40-34-19. Agreements between municipalities and with the state or private parties - Leasing property
Status: in_force

40-34-19. Agreements between municipalities and with the state or private parties -

Leasing property.

Notwithstanding any other law, any municipality of the state, either individually or jointly by

agreement, may enter agreements to lease to the state, or any agency or institution of the state,

or to any person for such compensation and upon such terms and conditions as the parties

under such agreement may stipulate, all or part of, or an undivided or other interest in, its

sewage system and all related real and personal property for the collection, treatment,

purification, and disposal in a sanitary manner of sewage. In addition, any municipality of the

state, either individually or jointly by agreement, may enter agreements to lease from the state,

or any agency or institution of the state, or from any person all or part of, or an undivided or

other interest in, its sewage system and all related real and personal property for the collection,

treatment, purification, and disposal in a sanitary manner of sewage for such compensation and

upon such terms and conditions as the parties under such agreement may stipulate. Such

agreements must be authorized by resolution of the governing body of a municipality upon a

majority vote of the members of the governing body. For the purposes of this section, such

agreements include any lease, sublease, purchase agreement, lease-purchase agreement,

installment purchase agreement, leaseback agreement, or other contract, agreement,

instrument, or arrangement pursuant to which any rights, interests, or other property are

transferred to, by, or from any party to, by, or from one or more parties, and any related

documents entered or to be entered, including any operating agreement, service agreement,

indemnity agreement, participation agreement, loan agreement, or payment undertaking

agreement. A lease obligation under this section may not exceed a term of ninety-nine years. A

lease obligation under this section does not constitute an indebtedness of the municipality or a

pledge of the full faith and credit or unlimited taxing resources of the municipality.

Notwithstanding any other law, a municipality may solicit and accept one or more proposals for

a lease transaction, including the arrangement thereof, under this section. The municipality may,

by resolution of the governing body upon a majority vote of the members of the governing body,

accept a proposal that it determines to be in the public interest.
N.D. Cent. Code § 40-21-16.1 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-16.1
40-21-16.1. City canvassing board - Composition
Status: in_force

40-21-16.1. City canvassing board - Composition

For any city election not held in conjunction with a county election, the city canvassing

board must be composed of the city auditor, city attorney, mayor or commission president, and

two members of the city commission or council, or appointed replacements for any of these

officials. An individual who served on an election board during the election may not serve as a

representative on the canvassing board for that same election. The city canvassing board must

be comprised of at least five members.
N.D. Cent. Code § 40-10-08 — ND Code / Title 40 / Chapter 40-10 / Section 40-10-08
40-10-08. Election to determine question of retention of city manager plan - Procedure thereafter
Status: in_force

40-10-08. Election to determine question of retention of city manager plan -

Procedure thereafter.

At any time after the city manager plan has been in force in any city for a period of five

years or more, the governing body of the city may submit at any regular election the question of

whether or not such plan shall be retained. If a petition signed by forty percent or more of the

qualified electors of the city, as shown by the votes cast for the executive officer at the

preceding city election, requesting the submission of such question is filed with the city auditor,

the governing body shall submit such proposal to the qualified electors of the city at an election

to be held within ninety days after the filing of such petition. The signatures to such petition need

not be appended to a single paper, but each single paper so used shall clearly state the purpose

of the petition at the top of the paper, and each signature shall have been placed thereon not

more than ninety days prior to the date on which the petition is filed in the office of the city

auditor. Upon each paper one of the qualified electors signing such petition shall, under oath

before an officer competent to administer oaths, swear that that person witnessed the signing of

each signature appearing on such paper and that each signature appearing upon such paper is

the genuine signature of the person whose name it purports to be. Each petition, in addition to

the names of the signers, shall contain the name of the street and the number of the house in

which each petitioner resides, the length of the petitioner's residence in the state of North

Dakota and in the city, and the date on which the petitioner signed the petition. Any petitioner

shall be permitted to withdraw the petitioner's name from a petition at any time prior to action by

the governing body calling the election as provided herein. Such question shall not be submitted

more than once in every five years. If a majority of the votes cast on the question at the election

shall be against retaining the city manager plan, the city shall revert to the plan in force previous

to the adoption of the city manager plan, and the provisions of this chapter shall not be

applicable to such city except after another compliance with its terms. The governing body shall

fix the date, not less than three months nor more than six months after an election at which the

majority vote on the question is against the retention of the city manager plan, when such plan

shall cease to be operative in the municipality.
N.D. Cent. Code § 40-61-05 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-05
40-61-05. Conveyance of property by a city to an authority - Acquisition of property by a city or by an authority
Status: in_force

40-61-05. Conveyance of property by a city to an authority - Acquisition of property

by a city or by an authority.

1. A city may, by resolution or resolutions of the governing body or by instruments

authorized by such resolutions, convey, with or without consideration, to an authority

real and personal property owned by the city for use by an authority as a project or

projects or a part thereof. In case of real property so conveyed, the title thereto shall

remain in the city but the authority shall have the use and occupancy thereof for so

long as its corporate existence shall continue. In the case of personal property so

conveyed, the title shall pass to the authority.

2. A city may acquire in the name of the city by purchase or condemnation real property

in the city for any of the projects.

3. Contracts may be entered into between a city and an authority providing for the

property to be conveyed by a city to an authority, the additional property to be acquired

by a city and so conveyed, and the amounts, terms, and conditions of payment to be

made by an authority. Any such contracts between a city and an authority may be

pledged by the authority to secure its bonds and may not be modified thereafter except

as provided by the terms of the pledge. The governing body of a city may authorize

such contracts between a city and an authority and no other authorization on the part

of a city for such contracts shall be necessary.

4. An authority may itself acquire real property for a project in the name of the city at the

cost and expense of the authority by purchase or condemnation pursuant to chapter

32-15 and to the laws relating to the condemnation of land by cities. An authority shall

have the use and occupancy of such real property so long as its corporate existence

shall continue.

5. In case an authority shall have the use and occupancy of any real property which it

shall determine is no longer required for a project, then, if such real property was

acquired at the cost and expense of the city, the authority shall have power to

surrender its use and occupancy thereof to the city, or, if such real property was

acquired at the cost and expense of an authority, then the authority shall have power

to sell, lease, or otherwise dispose of said real property at public or private sale, and

shall retain and have the power to use the proceeds of sales, rentals, or other moneys

derived from the disposition thereof for its purposes.
N.D. Cent. Code § 40-48-14 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-14
40-48-14. Miscellaneous powers of planning commission
Status: in_force

40-48-14. Miscellaneous powers of planning commission

The planning commission may:

1. Promote public interest in and understanding of the master plan, and for that purpose,

it may publish and distribute copies of the plan or of any part thereof or of any report,

and may employ such other means of publicity and education as it may determine.

2. Accept and use gifts for the exercise of its functions.

3. By its members, officers, and employees in the performance of their functions, enter

upon any land and make examinations and surveys thereof and place and maintain

necessary monuments or marks thereon.

4. Exercise such other powers as may be necessary to enable it to fulfill its functions and

carry out the provisions of this chapter.
N.D. Cent. Code § 40-05.1-06.1 — ND Code / Title 40 / Chapter 40-05.1 / Section 40-05.1-06.1
40-05.1-06.1. Sales tax revenue transfer to school districts prohibited
Status: in_force

40-05.1-06.1. Sales tax revenue transfer to school districts prohibited

Notwithstanding the provisions of chapters 54-40 and 54-40.3 or any other provision of law,

revenue from sales, use, or other excise taxes levied under this chapter may not be transferred

to or for the primary benefit of a school district except for payment of bonded indebtedness

incurred before April 19, 2007, or for capital construction and associated costs approved by the

electors of the city before April 19, 2007.
N.D. Cent. Code § 40-46-26 — ND Code / Title 40 / Chapter 40-46 / Section 40-46-26
40-46-26. City provision of employee federal social security plan
Status: in_force

40-46-26. City provision of employee federal social security plan

From revenues derived from its general fund levy authority, a city may provide its

employees with the federal social security plan and pay such city's share as employer of the

cost of providing its employees with the federal social security plan.
N.D. Cent. Code § 40-36-03 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-03
40-36-03. Municipalities may refinance enterprise - Borrow money - Issue refunding bonds
Status: in_force

40-36-03. Municipalities may refinance enterprise - Borrow money - Issue refunding

bonds.

Any municipality may refinance any enterprise, and for such purpose it may borrow money

and issue refunding bonds from time to time.
N.D. Cent. Code § 40-58-03 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-03
40-58-03. Encouragement of private enterprise
Status: in_force

40-58-03. Encouragement of private enterprise

A municipality, to the greatest extent it determines to be feasible in carrying out this chapter,

shall afford maximum opportunity, consistent with the sound needs of the municipality as a

whole, to the development, rehabilitation, or redevelopment of the development or renewal area

by private enterprise. A municipality shall give consideration to this objective in exercising its

powers under this chapter, including the formulation of a workable program, the approval of

development or renewal plans consistent with the general plan for the municipality, the adoption

and enforcement of ordinances as provided for in section 40-58-18, the exercise of its zoning

powers, the enforcement of other laws, codes, and regulations relating to the use of land and

the use and occupancy of buildings and improvements, the disposition of any property acquired,

and the provision of necessary public improvements.
N.D. Cent. Code § 40-33-07 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-07
40-33-07. Issuance of bonds - Election required
Status: in_force

40-33-07. Issuance of bonds - Election required

No municipality shall issue its bonds as authorized by section 40-33-04 until the question of

issuing the bonds shall have been approved by a majority of the electors of the municipality

voting upon such question at an election called, held, and conducted as specified in section
N.D. Cent. Code § 40-33-18 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-18
40-33-18. Resolution authorizing contract - Payment solely through net revenue - Issuance of revenue bonds or of certificates evidencing indebtedness under contract
Status: in_force

40-33-18. Resolution authorizing contract - Payment solely through net revenue -

Issuance of revenue bonds or of certificates evidencing indebtedness under contract.

Any such contract shall be authorized by resolution or resolutions duly adopted by the

governing body of the city. Such resolutions and contract shall provide that the cost of the plant

shall be paid solely out of the net revenue thereof, to be derived from special rates and charges

imposed and collected for the service thereof to users of the municipal waterworks system, after

payment of the reasonable and current expenses of operation and maintenance of such plant.

The governing body may provide for the payment of such cost by the issuance of revenue

bonds in accordance with the provisions of chapter 40-35, which bonds may be sold as provided

in said chapter or may be delivered to the contractor in payment of the contract price, or it may

be provided in said resolutions and contract that such price shall be payable in stated

installments over a period not exceeding ten years, with interest at a rate not exceeding eight

percent per annum, payable annually or semiannually. Said payments may be evidenced by

certificates executed by the executive and recording officers, and such certificates may have

interest coupons attached.
N.D. Cent. Code § 40-13-12 — ND Code / Title 40 / Chapter 40-13 / Section 40-13-12
40-13-12. Municipal officers liable to criminal prosecution - Fine - Removal from office
Status: repealed

40-13-12. Municipal officers liable to criminal prosecution - Fine - Removal from

office.

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 40-15-03 — ND Code / Title 40 / Chapter 40-15 / Section 40-15-03
40-15-03. When term of elective officers begins
Status: in_force

40-15-03. When term of elective officers begins

The term of each elective officer in a city operating under the commission system of

government commences on the first day of July of the year in which the officer is elected.
N.D. Cent. Code § 40-24-02 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-02
40-24-02. Payment of special assessments - Interest
Status: in_force

40-24-02. Payment of special assessments - Interest

All special assessments levied under this title may be paid without interest within ten days

after they have been approved by the governing body and thereafter shall bear interest at an

annual rate not exceeding one and one-half percentage points above the average net annual

interest rate on any warrants or bonds for the payment of which they are pledged on the total

amount thereof remaining unpaid.
N.D. Cent. Code § 40-63-05 — ND Code / Title 40 / Chapter 40-63 / Section 40-63-05
40-63-05. Property tax exemptions
Status: in_force

40-63-05. Property tax exemptions

1. A municipality may grant a partial or complete exemption from ad valorem taxation on

single-family residential property, exclusive of the land on which it is situated, if the

property was purchased or rehabilitated by an individual for the individual's primary

place of residence as a zone project. An exemption granted under this subsection may

not extend beyond eight taxable years following the date of acquisition or completion

of rehabilitation.

2. A municipality may grant a partial or complete exemption from ad valorem taxation on

buildings, structures, fixtures, and improvements purchased or rehabilitated as a zone

project for any business or investment purpose. The state board of equalization may

grant a partial or complete exemption from ad valorem taxation on public utility

infrastructure rehabilitated as a zone project. An exemption under this subsection may

not extend beyond eight taxable years following the date of purchase or completion of

rehabilitation.
N.D. Cent. Code § 40-43-05 — ND Code / Title 40 / Chapter 40-43 / Section 40-43-05
40-43-05. Funding compromised judgment for negligence based on special assessment warrants - Subrogation rights of municipality
Status: in_force

40-43-05. Funding compromised judgment for negligence based on special

assessment warrants - Subrogation rights of municipality.

When warrants payable from special assessments made to pay the cost of a local

improvement have been or shall be issued by a municipality and the holder or holders of all or

any portion of the issue of such warrants shall procure a final judgment against the municipality

in damages based on the municipality's negligence or breach of duty in the levy or collection of

the special assessments and such judgment shall be compromised and funded by the issuance

of bonds as provided in this chapter, the municipality shall succeed and be subrogated to the

rights of the holder or holders of the warrants in and to all remaining uncollected special

assessments and to the fund created thereby, and the municipality shall receive payment and

distribution from the uncollected special assessments as if it owned and held the warrants

affected by the judgment. Moneys acquired in such manner by or for the municipality shall be

held apart from its general funds and shall be applied first to the payment of the bonds issued in

compromise of the judgment. After payment of all bonds issued in compromise of the judgment,

the levy of an annual tax for the payment of the same shall be discontinued, and the

municipality shall cover into its general fund any surplus then or thereafter acquired from its

interest in the fund created by the special assessments.
N.D. Cent. Code § 40-22-12 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-12
40-22-12. Requirements of plans, specifications, and estimates when improvement is paving or beautification of streets
Status: in_force

40-22-12. Requirements of plans, specifications, and estimates when improvement is

paving or beautification of streets.

If an improvement to be financed by special assessments consists in paving or repaving

any street, alley, or public place, the governing body of the municipality may require the plans,

specifications, and estimates for the improvement to be made for one kind of pavement or

several different kinds of pavement as it may deem advisable. If the contemplated improvement

consists of planting trees, constructing grass plots, sowing grass seed thereon, or otherwise

parking or beautifying any of the streets, highways, avenues, alleys, lanes, or other public

grounds within the municipal limits, the governing body may require the plans, specifications,

and estimates to show the probable costs of making, constructing, or maintaining such

improvements or any of them.
N.D. Cent. Code § 40-33-10 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-10
40-33-10. Municipal utilities fund - Contents - Kept separate from other funds - Use and disbursement
Status: in_force

40-33-10. Municipal utilities fund - Contents - Kept separate from other funds - Use

and disbursement.

All money received by a municipality for the service of any utility owned and operated by the

municipality, and all money, receipts, and returns received from any investments of the earnings

of such utilities, shall be paid into the treasury of the municipality and kept in a fund known as

the municipal utilities fund. All of the moneys, earnings, and receipts deposited in such fund

shall be kept separate and distinct from all other funds of the municipality until used. The fund

shall be used only for the purposes and disbursed only in the manner provided by this chapter.
N.D. Cent. Code § 40-33.1-06 — ND Code / Title 40 / Chapter 40-33.1 / Section 40-33.1-06
40-33.1-06. Conveyance of property by a city to an authority - Acquisition of property by a city or by an authority
Status: in_force

40-33.1-06. Conveyance of property by a city to an authority - Acquisition of property

by a city or by an authority.

1. A city may, by resolution or resolutions of the governing body or by instruments

authorized by such resolutions, convey, with or without consideration, to an authority

real and personal property owned by the city for use by an authority as a project or

projects or a part thereof.

2. A city may acquire in the name of the city by purchase or condemnation real property

in the city for any of the projects.

3. Contracts may be entered into between a city and an authority providing for the

property to be conveyed by a city to an authority, the additional property to be acquired

by a city and so conveyed, and the amounts, terms, and conditions of payment to be

made by an authority. Any such contracts between a city and an authority and any real

property belonging to an authority may be pledged by the authority to secure its notes

and may not be modified thereafter except as provided by the terms of the pledge. The

governing body of a city may authorize such contracts between a city and an authority

and no other authorization on the part of a city for such contracts shall be necessary.

4. An authority may itself acquire real property for a project in the name of the city at the

cost and expense of the authority by purchase. An authority shall have the use and

occupancy of such real property so long as its corporate existence shall continue.

5. In case an authority shall have the use and occupancy of any real property which it

shall determine is no longer required for a project, then, if such real property was

acquired at the cost and expense of the city, the authority shall have power to

surrender its use and occupancy thereof to the city, or, if such real property was

acquired at the cost and expense of an authority, then the authority shall have power

to sell, lease, or otherwise dispose of said real property at public or private sale, and

shall retain and have the power to use the proceeds of sales, rentals, or other moneys

derived from the disposition thereof for its purposes.
N.D. Cent. Code § 40-57-04.1 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-04.1
40-57-04.1. Notice to competitors - Authority to issue bonds limited if project would compete with existing enterprises
Status: in_force

40-57-04.1. Notice to competitors - Authority to issue bonds limited if project would

compete with existing enterprises.

Prior to approval of the issuance of any bonds under authority of this chapter, except

refunding bonds issued pursuant to section 40-57-19.1, the governing body of the municipality

shall, when a competitive project is involved, include notice of the competitive nature of the

proposed project in the public notice required to be published prior to the public hearing required

under section 40-57-04. The governing body shall not approve the bond issue unless it appears

that the impact and effect of the issue upon existing industry and business will not result in an

unfair advantage for the proposed project to the substantial detriment of existing enterprises.
N.D. Cent. Code § 40-36-02 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-02
40-36-02. Definitions
Status: in_force

40-36-02. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Enterprise" means any work, undertaking, or project which the municipality is

authorized to construct and from which the municipality has derived or may derive

revenues and for the refinancing of which refunding bonds are issued under this

chapter. "Enterprise" includes all improvements, betterments, extensions, and

replacements of such work, undertaking, or project, and all appurtenances, facilities,

lands, rights in land, water rights, franchises, and structures in connection therewith or

incidental thereto.

2. "Federal agency" includes the United States, the president of the United States, or any

agency, instrumentality, or corporation of the United States which has been or may be

designated or created by or pursuant to any act or acts or joint resolutions of the

Congress of the United States or which may be owned or controlled, directly or

indirectly, by the United States.

3. "Holder of bonds" or "bondholder" or any similar term means any person who shall be

the bearer of any outstanding refunding bond or refunding bonds registered to bearer

or not registered, or the registered owner of any such outstanding bond or bonds

which at the time shall be registered other than to bearer.

4. "Law" means any general statute of this state.

5. "Refinancing" means funding, refunding, paying, or discharging, by means of refunding

bonds or the proceeds from the sale thereof, all or any part of any notes, bonds, or

other obligations issued to finance or to aid in financing the acquisition, construction,

or improvement of an enterprise and payable solely from all or any part of the revenue

thereof and including interest thereon in arrears or about to become due whether or

not such interest is represented by coupons or interest certificates.

6. "Refunding bonds" means notes, bonds, certificates, or other obligations of a

municipality issued pursuant to this chapter, or pursuant to any other law as

supplemented by, or in conjunction with, this chapter.

7. "Revenues" means all fees, tolls, rates, rentals, and charges levied and collected in

connection with, and all other income and receipts of whatever kind or character

derived by the municipality from, the operation of any enterprise or arising from any

enterprise.

8. Words importing the singular number shall include the plural number and vice versa in

each case, and words importing persons shall include firms, corporations, and limited

liability companies.
N.D. Cent. Code § 40-11-09.1 — ND Code / Title 40 / Chapter 40-11 / Section 40-11-09.1
40-11-09.1. Presumption of regular adoption, enactment, or amendment of resolution or ordinance
Status: in_force

40-11-09.1. Presumption of regular adoption, enactment, or amendment of resolution

or ordinance.

Three years after the adoption or amendment of a resolution or the enactment or

amendment of an ordinance by the governing body of a city it is conclusively presumed that the

resolution or ordinance was adopted, enacted, or amended and published as required by law.
N.D. Cent. Code § 40-21-05 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-05
40-21-05. Compensation of inspectors, judges, and clerks at municipal elections
Status: in_force

40-21-05. Compensation of inspectors, judges, and clerks at municipal elections

Each inspector, judge, or clerk of any regular or special municipal election shall receive

compensation as determined for election officials in section 16.1-05-05. The amounts

determined to be due election officials at municipal elections shall be paid from the funds of the

municipality holding the election. In the event a special municipal election is held on the same

date as a statewide, districtwide, or countywide election, and if the same election officials

perform services for both elections, the city shall not be required to pay the election officials,

except for any extra officials necessary for such special municipal election.
N.D. Cent. Code § 40-22-35 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-35
40-22-35. Execution and filing of contract
Status: in_force

40-22-35. Execution and filing of contract

All contracts entered into for any work provided for in this chapter shall be entered into in

the name of the municipality and shall be executed on the part of the municipality by the

executive officer and countersigned by the auditor. After the contract is signed by the contractor,

it shall be filed in the office of the city auditor.
N.D. Cent. Code § 40-35-18 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-18
40-35-18. Court may direct receiver to surrender possession of undertaking
Status: in_force

40-35-18. Court may direct receiver to surrender possession of undertaking

After all that is due upon the revenue bonds, including the interest thereon, and upon any

other notes, bonds, or other obligations, including the interest thereon, which are a charge, lien,

or encumbrance on the revenues of the undertaking under any of the terms of any covenants or

agreements with bondholders, shall have been paid or deposited as provided therein, and all

defaults shall have been cured and made good, the court, in its discretion and after such notice

and hearing as it deems reasonable and proper, may direct the receiver to surrender the

possession of the undertaking to the municipality. The holders of the bonds shall have the same

right to secure the appointment of a receiver upon any subsequent default as is provided in this

chapter in the case of an original default.
N.D. Cent. Code § 40-21-11 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-11
40-21-11. Clerks appointed to fill vacancies - Oath, powers, and duties of judges and clerks of municipal elections
Status: in_force

40-21-11. Clerks appointed to fill vacancies - Oath, powers, and duties of judges and

clerks of municipal elections.

When necessary, the judges of election at a municipal election shall appoint clerks to fill

vacancies. The judges and clerks of a municipal election shall take the same oath and have the

same powers and authority as judges and clerks of general state elections.
N.D. Cent. Code § 40-22-31 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-31
40-22-31. Conditions of contractor's bond
Status: repealed

40-22-31. Conditions of contractor's bond

Repealed by S.L. 1995, ch. 443, § 29.
N.D. Cent. Code § 40-22-19 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-19
40-22-19. Contract proposals
Status: in_force

40-22-19. Contract proposals

Proposals for the work of making improvements provided for in this chapter must be

advertised for by the governing body in the official newspaper of the municipality once each

week for two consecutive weeks. All other provisions for proposals under this chapter are

governed by chapter 48-01.2.
N.D. Cent. Code § 40-08-12 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-12
40-08-12. Publication of proceedings
Status: repealed

40-08-12. Publication of proceedings

Repealed by I.M. approved November 8, 1994, S.L. 1995, ch. 637, § 2.
N.D. Cent. Code § 40-27-01 — ND Code / Title 40 / Chapter 40-27 / Section 40-27-01
40-27-01. Municipality may issue bonds to purchase special assessment warrants
Status: in_force

40-27-01. Municipality may issue bonds to purchase special assessment warrants

A municipality may issue bonds for the purchase of outstanding special assessment

warrants of the municipality before or after their maturity, at the best price obtainable, but not

exceeding sixty percent of the par value thereof and the interest accrued to the date of

purchase. The rate of interest on the bonds shall not exceed the rate of interest on the special

assessment warrants for the purchase of which the bonds are issued, and such bonds shall not

be sold for less than the par value thereof plus the interest accrued thereon.
N.D. Cent. Code § 40-08-24 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-24
40-08-24. Ordinance or resolution signed or vetoed by mayor
Status: in_force

40-08-24. Ordinance or resolution signed or vetoed by mayor

The mayor shall sign or veto each ordinance or resolution passed by the council. Any action

vetoed by the mayor may be overridden by the city council as provided under section 40-11-05.
N.D. Cent. Code § 40-58-12 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-12
40-58-12. Property exempt from taxes and from levy and sale by virtue of an execution
Status: in_force

40-58-12. Property exempt from taxes and from levy and sale by virtue of an

execution.

1. All property of a municipality, including funds, owned or held by it for the purposes of

this chapter is exempt from levy and sale by virtue of an execution, and no execution

or other judicial process may issue against the same nor may judgment against a

municipality be a charge or lien upon the property; provided, however, that the

provisions of this section do not apply to or limit the right of obligees to pursue any

remedies for the enforcement of any pledge or lien given pursuant to this chapter by a

municipality on its rents, fees, grants, or revenues from development or renewal

projects.

2. The property of a municipality, acquired or held for the purposes of this chapter, is

declared to be public property used for essential public and governmental purposes

and the property is exempt from all taxes of the municipality, the county, the state, or

any political subdivision of the state; provided, that this tax exemption terminates when

the municipality sells, leases, or otherwise disposes of the property in a development

or renewal area to a purchaser or lessee which is not a public body entitled to tax

exemption with respect to the property.
N.D. Cent. Code § 40-56-02 — ND Code / Title 40 / Chapter 40-56 / Section 40-56-02
40-56-02. Establishment of standards of paving
Status: repealed

40-56-02. Establishment of standards of paving

The governing body of any city may, by ordinance, establish standards of paving for

residential areas which standards shall be uniform throughout the entire city, and said ordinance

may be amended or repealed in the same manner as other ordinances of the city.
N.D. Cent. Code § 40-24-18 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-18
40-24-18. Special improvement moneys to be kept separate - Designation and numbering of funds - Diversion of moneys prohibited
Status: in_force

40-24-18. Special improvement moneys to be kept separate - Designation and

numbering of funds - Diversion of moneys prohibited.

All special assessments and taxes levied and other revenues pledged under the provisions

of this title to pay the cost of an improvement shall constitute a fund for the payment of such

cost, including all principal of and interest on warrants and other obligations issued by the

municipality to finance the improvement, and shall be diverted to no other purpose. The city

auditor shall hold all moneys received for any such fund as a special fund to be applied to

payment for the improvement. Each such fund shall be designated by the name and number of

the improvement district in or for which said special assessments, taxes, and revenues are

collected. When all principal and interest on warrants and other obligations of the fund have

been fully paid, all moneys remaining in a fund may be transferred into the general fund of the

municipality.
N.D. Cent. Code § 40-23-04 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-04
40-23-04. Municipal officers and employees to advise commission
Status: in_force

40-23-04. Municipal officers and employees to advise commission

Each officer and employee of the municipality shall give to the special assessment

commission such information, advice, and assistance as it may request.
N.D. Cent. Code § 40-33.3-04 — ND Code / Title 40 / Chapter 40-33.3 / Section 40-33.3-04
40-33.3-04. Amendment of agreement
Status: in_force

40-33.3-04. Amendment of agreement

The agreement may be amended at any meeting of the representatives of the member

cities for which notice, stating the purpose, is given to each representative of each member city

and unless the agreement provides otherwise, is effective when ratified by resolutions of the

governing bodies of a majority of the member cities and approved by a majority of the qualified

electors voting on the question at any regular or special election in each of those member cities

constituting the majority. Each amendment and the resolutions of the governing bodies

approving it shall be filed for record with the secretary of state.
N.D. Cent. Code § 40-40-07 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-07
40-40-07. Copy of preliminary budget sent to county auditor - Open to inspection
Status: repealed

40-40-07. Copy of preliminary budget sent to county auditor - Open to inspection

Repealed by S.L. 1965, ch. 291, § 1.
N.D. Cent. Code § 40-18.1-06 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-06
40-18.1-06. Demand for change of judge
Status: in_force

40-18.1-06. Demand for change of judge

A party to a proceeding pending in a municipal court may obtain a change of judge under

section 29-15-21. The municipal judge must be replaced in accordance with section 40-18.1-07.
N.D. Cent. Code § 40-40-04 — ND Code / Title 40 / Chapter 40-40 / Section 40-40-04
40-40-04. Municipality to prepare preliminary budget statement
Status: in_force

40-40-04. Municipality to prepare preliminary budget statement

The governing body of each municipality, annually on or before August tenth, shall make an

itemized statement known as the preliminary budget statement showing the amounts of money

which, in the opinion of the governing body, will be required for the proper maintenance,

expansion, or improvement of the municipality during the year.
N.D. Cent. Code § 40-16-16 — ND Code / Title 40 / Chapter 40-16 / Section 40-16-16
40-16-16. Delegation of powers and duties
Status: in_force

40-16-16. Delegation of powers and duties

The city council or city commission may delegate any functions and duties of the city auditor

to an officer appointed under section 40-14-04 or 40-15-05.
N.D. Cent. Code § 40-27-09 — ND Code / Title 40 / Chapter 40-27 / Section 40-27-09
40-27-09. Sale or exchange of refunding warrants or bonds - Issuance - Agreement by governing body to exchange
Status: in_force

40-27-09. Sale or exchange of refunding warrants or bonds - Issuance - Agreement by

governing body to exchange.

Refunding warrants or bonds may be sold for cash in such manner as the governing body

may direct, and the proceeds used to pay the warrants or bonds described in the initial

resolution, or may be exchanged for such warrants or bonds, but no exchange shall be made at

less than par plus accrued interest, and no sale shall be made at less than ninety-eight percent

of par plus accrued interest on the refunding warrants or bonds. Refunding warrants or bonds

may be issued from time to time as the original warrants or bonds mature or are called for

payment and redemption or may be sold to pay, or, by agreement with the holders thereof, may

be exchanged for, warrants or bonds which are not due. The governing body may enter into an

agreement with the holders of outstanding warrants or bonds relating to an exchange of such

warrants or bonds for refunding warrants or bonds and may provide, in its discretion, that the

agreement shall be effective only when the holders of not less than seventy-five percent of the

warrants or bonds shall have entered into the agreement.
N.D. Cent. Code § 40-24-16 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-16
40-24-16. County treasurer to certify and receipt for amount of special assessments collected - Contents of certificate - Procedure for abatement
Status: in_force

40-24-16. County treasurer to certify and receipt for amount of special assessments

collected - Contents of certificate - Procedure for abatement.

Special assessments of any kind certified to the county auditor by the city auditor shall be

paid to the county treasurer and included in the statement required by section 57-20-07.1 and

the receipt required by section 57-20-08. If the county treasurer receives less than the full

amount of taxes and special assessments due at any time on any lot or tract of real estate, the

county treasurer shall allocate the amount received between taxes and special assessments in

proportion to the respective amounts of taxes and special assessments due. When prorating

any tax payment received prior to October fifteenth, the term "due", as it pertains to real estate

taxes, shall include only the first installment of real estate taxes. Special assessments shall not

be subject to abatement or refund by proceedings under chapter 57-23, but shall be reviewed

and corrected only in the manner and upon the conditions provided in chapter 40-26. The

county treasurer, at the time set by law for the payment to the city auditor of all the taxes and

special assessments collected during the preceding month, shall certify the amounts of special

assessments collected. The certificate shall state specifically the lot or known subdivision

thereof as it appears on the tax books of the county treasurer, and the block, addition, amount

collected, and the amount credited to each lot or known subdivision thereof, and the year for

which the sum was collected. The certificate shall be furnished to the city auditor.
N.D. Cent. Code § 40-47-01.2 — ND Code / Title 40 / Chapter 40-47 / Section 40-47-01.2
40-47-01.2. Agreements to not oppose annexation void
Status: in_force

40-47-01.2. Agreements to not oppose annexation void

The zoning commission or governing body may not require as a condition of approval of a

request to amend or modify a zoning regulation the execution of an agreement by the owner of

the property requesting the amendment or modification stating that the owner will not oppose

the annexation of the property by the municipality. This section does not apply to property

located within one quarter mile [.40 kilometer] of the municipality's corporate limits or to an

agreement that contains a provision whereby the municipality agrees to provide a municipal

service or services before the annexation. Any agreement entered in violation of this section is

void.
N.D. Cent. Code § 40-09-10 — ND Code / Title 40 / Chapter 40-09 / Section 40-09-10
40-09-10. Filling vacancies in board
Status: in_force

40-09-10. Filling vacancies in board

If a vacancy occurs in the office of a city commissioner or president of the board of city

commissioners, the board may call a special city election to fill such vacancy for the unexpired

term, or may, after fifteen days from the date of such vacancy appoint a person to fill such

vacancy until the next city election, at which election the unexpired term shall be filled. Upon

petition of five percent of the qualified electors, as determined by the total number of votes cast

in the city in the last city general election, the commission shall call a special city election to fill a

vacancy occurring more than six months prior to the next city election, provided such petition

has been submitted within fifteen days of the date of such vacancy.
N.D. Cent. Code § 40-44-11 — ND Code / Title 40 / Chapter 40-44 / Section 40-44-11
40-44-11. Change of form of government in city which has adopted a civil service system - Effect
Status: in_force

40-44-11. Change of form of government in city which has adopted a civil service

system - Effect.

If any city in this state which has established a civil service system in compliance with the

requirements of this chapter shall change its form of municipal government, such civil service

provisions as previously have been established shall continue under the new form of municipal

government except as to those provisions which the governing body of the city may see fit to

change within the limitations described in this chapter. The governing body of the city, after the

change in its form of government, shall designate, as described in section 40-44-08, the

departments, classes of employees, and appointive officials of the city who shall come under

the civil service, and it subsequently may add thereto except as restricted by the provisions of

this chapter.
N.D. Cent. Code § 40-62-03 — ND Code / Title 40 / Chapter 40-62 / Section 40-62-03
40-62-03. Plans and specifications
Status: in_force

40-62-03. Plans and specifications

The plans and specifications must provide for improvement of the designated streets or

construction of skyways in a manner designed for the free movement, safety, convenience, and

enjoyment of pedestrians, whether or not part of the mall is made available for emergency or

other permitted vehicles. A mall improvement may provide for and include space for seating,

cafe tables, shelters, trees, flower plantings, sculptures, newsstands, telephone booths, traffic

signs, kiosks, fire hydrants, streetlighting, ornamental lights, trash receptacles, display cases,

marquees, awnings, canopies, overhead and underground radiant heating devices, walls,

barriers, and all other fixtures, equipment, facilities, and appurtenances as will in the governing

body's judgment enhance the free movement, safety, convenience, and enjoyment of

pedestrians and benefit the adjoining properties and the central business district and the city.

Sidewalks may be constructed of concrete, bricks, asphalt tiles, blocks, granite sets, or other

materials or combinations of materials as the governing body may approve. The governing body

may alter any roadway to be kept and maintained in the mall, may cause any street vaults to be

reconstructed or removed, may construct crosswalks at any point within or at the ends of blocks,

and may cause any roadway to curve and meander within the limits of the street, if determined

desirable to enhance the usefulness or appearance of the mall, regardless of any nonuniformity

of street width or any curve or absence of curve in the centerline of the street. A skyway may be

heated or unheated and may include any fixtures, equipment, facilities, and appurtenances the

governing body determines will enhance the free movement, safety, convenience, and

enjoyment of pedestrians and benefit the adjoining properties and the central business district

and the city.
N.D. Cent. Code § 40-05.1-09 — ND Code / Title 40 / Chapter 40-05.1 / Section 40-05.1-09
40-05.1-09. Restriction on proposals to amend or repeal
Status: repealed

40-05.1-09. Restriction on proposals to amend or repeal

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 40-31-03 — ND Code / Title 40 / Chapter 40-31 / Section 40-31-03
40-31-03. Requirements as to certified or cashier's check and bidder's bond accompanying bids
Status: repealed

40-31-03. Requirements as to certified or cashier's check and bidder's bond

accompanying bids.

Repealed by S.L. 1995, ch. 443, § 29.
N.D. Cent. Code § 40-50.1-15 — ND Code / Title 40 / Chapter 40-50.1 / Section 40-50.1-15
40-50.1-15. Filing and recording of surveyor's certificate
Status: in_force

40-50.1-15. Filing and recording of surveyor's certificate

The recorder of the county in which the land platted or subdivided is located shall accept

each certificate for filing and recording upon payment of a fee commensurate with the length of

the certificate. Neither witnesses nor an acknowledgment is required on any such certificate, but

it must be signed by the registered land surveyor and must include a statement that the signing

surveyor holds valid registration in this state. The recorder shall make suitable notations on the

record of the plat or subdivision to which the certificate refers to direct the attention of anyone

examining the plat or subdivision to the record of that certificate. No such certificate has the

effect of destroying or changing vested rights acquired based on an existing plat or subdivision

despite errors, defects, or omissions.
N.D. Cent. Code § 40-04.1-01 — ND Code / Title 40 / Chapter 40-04.1 / Section 40-04.1-01
40-04.1-01. City council - Membership - Terms
Status: in_force

40-04.1-01. City council - Membership - Terms

The governing body of a city operating under the modern council form of government is the

city council, which is composed of not less than four members, one of whom is the mayor, all

elected at large or by wards. Candidates for the council shall run for either mayor or council

member but not both at the same time. The terms of members of the council is four years,

commencing on the first of July of the year in which the member was elected and until their

successors are elected and qualified. However, the council shall establish by ordinance a

procedure whereby one-half of all council members, as nearly as is practicable, are elected

biennially. The number of council members may be increased or decreased pursuant to section

40-06-09.
N.D. Cent. Code § 40-34-11 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-11
40-34-11. Revesting title and ownership of improvement or utility in municipality
Status: in_force

40-34-11. Revesting title and ownership of improvement or utility in municipality

When, after notice to the interested parties and due hearing thereon, the public service

commission shall determine that the owner or owners of the utility or improvement have been

paid in full out of the net revenues arising from the operation thereof, the commission shall issue

a certificate of ownership revesting the title and ownership of such utility and improvement in the

municipality or municipalities.
N.D. Cent. Code § 40-22.1-07 — ND Code / Title 40 / Chapter 40-22.1 / Section 40-22.1-07
40-22.1-07. Protest against resolution of necessity - Meeting to hear protest
Status: in_force

40-22.1-07. Protest against resolution of necessity - Meeting to hear protest

If, within thirty days after the first publication of the resolution declaring the necessity of a

business improvement project, the owners of any property within the improvement district file

written protest with the city auditor against the adoption of the resolution and describing the

property which is the subject of the protest, the governing body of the municipality, at its next

meeting after the expiration of the time for filing protests, shall hear and determine the

sufficiency of the protests.
N.D. Cent. Code § 40-43-01 — ND Code / Title 40 / Chapter 40-43 / Section 40-43-01
40-43-01. Judgment or a settlement of a claim against municipality - Additional tax levied
Status: in_force

40-43-01. Judgment or a settlement of a claim against municipality - Additional tax

levied.

If a final judgment is obtained or a settlement is made of a claim against any municipality in

this state, the governing body of the municipality, by resolution, may provide for the levy and

collection of an annual tax upon all the taxable property within the municipality for the payment

of such judgment or a settlement of a claim. The amount levied under this section for the

payment of a judgment or a settlement of a claim against a municipality shall not exceed the

limitation in section 57-15-28.1.
N.D. Cent. Code § 40-04.1-06 — ND Code / Title 40 / Chapter 40-04.1 / Section 40-04.1-06
40-04.1-06. Mayor
Status: in_force

40-04.1-06. Mayor

The mayor shall preside at meetings of the council, and be the recognized head of the city

for all ceremonial purposes and by the governor for purposes of military law. The mayor

continues to have all the rights and privileges as a member of the council. If a vacancy occurs in

the office of mayor or if the incumbent is absent or disabled, a mayor pro tempore shall be

selected by the council from among their number to act for the unexpired term or during

continuance of the absence or disability.
N.D. Cent. Code § 40-01-02 — ND Code / Title 40 / Chapter 40-01 / Section 40-01-02
40-01-02. Municipalities are bodies corporate
Status: in_force

40-01-02. Municipalities are bodies corporate

Municipalities shall be bodies politic and corporate under the name and style of "city of

__________" and under such name may sue and be sued, contract and be contracted with,

acquire and hold real and personal property for corporate purposes, and have an official seal

which may be changed at pleasure.
N.D. Cent. Code § 40-44-04 — ND Code / Title 40 / Chapter 40-44 / Section 40-44-04
40-44-04. Civil service commission or commissioner - Delegation of powers to - When rules and regulations effective
Status: in_force

40-44-04. Civil service commission or commissioner - Delegation of powers to - When

rules and regulations effective.

The governing body may provide and create a civil service commission consisting of three

members, or it may appoint a civil service commissioner. It may delegate to the commission or

commissioner, as the case may be, such powers and duties relating to the making and

enforcing of civil service rules and regulations as it may deem advisable. The rules and

regulations, however, shall have no force nor effect until duly adopted by ordinance.
N.D. Cent. Code § 40-34-15 — ND Code / Title 40 / Chapter 40-34 / Section 40-34-15
40-34-15. Agreements between municipalities within and without state - Acquiring property - Erecting dams - Use of waters - Eminent domain
Status: in_force

40-34-15. Agreements between municipalities within and without state - Acquiring

property - Erecting dams - Use of waters - Eminent domain.

If it is deemed expedient for the safety and health of the people, municipalities of this state

may enter into agreements with each other, or jointly or severally with governmental agencies or

municipalities outside the state, to erect and maintain intercepting sewers and sewage

treatment plants, or may enter into contracts with governmental agencies or municipalities

outside the state to furnish to such extraterritorial agencies or municipalities sewage disposal for

such compensation and upon such terms and conditions as the parties under such agreement

may stipulate. Whenever it shall be convenient or necessary as determined by a majority vote of

the governing body or the respective governing bodies of such governmental agencies or

municipalities, they may acquire, purchase, own, or maintain lands and personal property within

or without this state and may improve the same and erect structures thereon, including dams

and damsites. If the governing body of a municipality or the respective governing bodies of

municipalities shall determine to do so by a resolution adopted by a majority vote thereof, such

municipalities may erect dams upon streams, watercourses, or other bodies of water located

within or without this state, or constituting in whole or in part the boundary waters of this state,

and may alter or improve the bed, banks, or courses of such streams, watercourses, or bodies

of water. In the enjoyment of such power, municipalities may purchase and hold property within

and without this state and, subject to chapter 32-15, may exercise the right of eminent domain

as provided by the laws of this state, and may enter into contracts and engagements with

persons, firms, corporations, limited liability companies, or with municipalities or governmental

agencies located without this state for like purposes.
N.D. Cent. Code § 40-20-03 — ND Code / Title 40 / Chapter 40-20 / Section 40-20-03
40-20-03. City engineer - Qualifications - Duties - Compensation - Plans or surveys - Preservation and transfer to successor
Status: in_force

40-20-03. City engineer - Qualifications - Duties - Compensation - Plans or surveys -

Preservation and transfer to successor.

The city engineer must be a practical surveyor and engineer. The city engineer shall keep

an office in some convenient place in the city and the governing body, by ordinance, shall

prescribe the city engineer's duties and compensation for services performed for the city. All

surveys, profiles, plans, or estimates made by the city engineer for the city are the property of

the city and must be carefully preserved in the office of the engineer and must be open to the

inspection of all interested persons. The surveys, profiles, plans, estimates, and all books and

papers pertaining to the city engineer's office shall be delivered by the engineer at the expiration

of the city engineer's term of office to the successor city engineer or to the governing body of the

city.
N.D. Cent. Code § 40-33-09 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-09
40-33-09. Extension of municipal lighting, heating, or power system, or gas works by special assessment method
Status: in_force

40-33-09. Extension of municipal lighting, heating, or power system, or gas works by

special assessment method.

An extension to an existing municipal lighting, heating, or power system or gas works shall

be considered an improvement within the provisions of this chapter.
N.D. Cent. Code § 40-23.1-07 — ND Code / Title 40 / Chapter 40-23.1 / Section 40-23.1-07
40-23.1-07. Assessment list to be prepared - Contents - Certificate attached to assessment list
Status: in_force

40-23.1-07. Assessment list to be prepared - Contents - Certificate attached to

assessment list.

The city auditor shall make or cause to be made a complete list of the benefits and

assessments setting forth, by legal description or street address or both, each lot, tract, or

parcel benefited by the improvement, and the amount assessed against each. There must be

attached to the list of assessments a certificate signed by the city auditor certifying that the

same is a true and correct assessment of the property therein described to the best of just

judgment and stating the several items of expense included in the assessment.
N.D. Cent. Code § 40-32-11 — ND Code / Title 40 / Chapter 40-32 / Section 40-32-11
40-32-11. Provisions not exclusive
Status: in_force

40-32-11. Provisions not exclusive

The provisions of this chapter are supplementary to the provisions of the laws of this state

authorizing municipalities to make the improvements enumerated in this chapter by the creation

of special improvement districts.
N.D. Cent. Code § 40-33.3-01 — ND Code / Title 40 / Chapter 40-33.3 / Section 40-33.3-01
40-33.3-01. Creation of authority - Membership
Status: in_force

40-33.3-01. Creation of authority - Membership

Any two or more cities each of which is over forty thousand population may form a

municipal pipeline authority by executing an agreement authorized by a resolution of the

governing body of each city and approved by not less than a majority of the qualified electors

voting on the question at any regular or special election in each of those cities. Any city may

become a member of an existing municipal pipeline authority, without regard to population, upon

executing an agreement with the authority.
N.D. Cent. Code § 40-30-02 — ND Code / Title 40 / Chapter 40-30 / Section 40-30-02
40-30-02. Procedure to install special streetlighting system
Status: in_force

40-30-02. Procedure to install special streetlighting system

Whenever the governing body of any city shall deem it necessary to install, construct, alter,

or extend, upon any of the streets of the city, a special system or special systems of

streetlighting, such governing body may direct the city engineer or such other person as shall be

designated, by motion or resolution, to prepare plans and specifications for such work and to

make an estimate of the probable cost. Such plans, specifications, and estimates shall be

approved by resolution of the governing body and filed in the office of the city auditor. The city

auditor thereupon shall publish in the official newspaper of the city once each week for three

successive weeks a notice stating that such plans, specifications, and estimates have been

approved and filed in the city auditor's office and are open to public inspection. If the owners of

a majority of the property abutting on any street or streets where such lighting system is to be

installed shall not protest against the lighting system or improvement within ten days after the

last publication of such notice, the majority of such owners shall be deemed to have consented

thereto, and the city may proceed to provide for the construction of the improvement and to

assess the cost thereof, or such part thereof as the governing body shall deem proper, against

the abutting property in the manner and with the notice and according to the forms and

procedure provided in this title for the construction and assessment of street paving.
N.D. Cent. Code § 40-38-11 — ND Code / Title 40 / Chapter 40-38 / Section 40-38-11
40-38-11. Joint public library services by cities and counties
Status: in_force

40-38-11. Joint public library services by cities and counties

1. Upon compliance with section 40-38-01 for the establishment of public library services,

public library services may be jointly provided through a written agreement between

the governing bodies of any city or county or both to establish and maintain joint library

services with one or more cities or counties or both.

2. A party shall be bound to an agreement entered into under subsection 1 for an initial

five-year term and subsequent five-year terms unless it provides other parties to the

agreement with notice of intent to withdraw from the agreement at least two years

before the proposed date of withdrawal.

3. The parties to the agreement shall appoint a single joint library board to govern public

library services covered by the agreement. The method of representation on the joint

library board and the establishment of the initial board with staggered terms shall be

determined in the agreement. Provided, the joint library board shall consist of an equal

number of appointees from each party to the agreement and, in any case, shall consist

of not less than five members nor more than eleven members. No member of the

board shall serve for more than two consecutive three-year terms, after which an

interval of one year must elapse before the same member may be reappointed.

4. The joint library board shall have all power and duties provided in sections 40-38-04

through 40-38-09.

5. A joint library fund shall be established for the public library services covered by the

agreement. Each city or county represented in the agreement shall provide its pro rata

share of funds for the services, as specified in the agreement, from the funds received

under section 40-38-02. Taxes within the service area covered by the written

agreement under subsection 1 which is outside city limits may be levied within the

limitations and according to the procedures provided by law for a county library fund

levy and taxes within the service area that is within city limits may be levied within the

limitations and according to the procedures provided by law for a city library fund levy.

6. The joint library board shall appoint, and may remove, a treasurer to administer the

joint library fund. The treasurer may be a treasurer of one of the parties to the

agreement or a member of the board or both. The city auditor and county treasurer of

each city or county represented in the agreement and the state librarian shall promptly

transmit all funds authorized under subsection 5 and chapter 54-24.2, respectively,

directly to the treasurer of the joint library board. The treasurer shall pay out moneys

belonging to the joint library board only upon properly drawn vouchers, pursuant to

order of the joint library board. The funds received by the treasurer shall not revert to

or be considered funds on hand by any governmental unit furnishing the same, at the

end of any biennium or fiscal year. The treasurer shall be bonded in such amount as

may be specified by resolution adopted by the joint library board.

7. The agreement shall include provisions for the dissolution of the joint library board and

distribution of assets in the event the agreement is terminated.

8. Joint libraries established and operated under this section are eligible to receive

financial aid under chapter 54-24.2 to the extent that each city and county represented

in the agreement would be eligible for the aid.

9. Agreements for public library services between cities or counties or both may be

provided under this section or other provisions of this chapter and may not be provided

under chapter 54-40 or other provisions of law.

10. After July 1, 1981, the establishment of joint library services pursuant to this section

shall not be permitted unless approved by the electors of each individual city or county

considering the question.
N.D. Cent. Code § 40-22-09 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-09
40-22-09. Size and form of improvement districts - Regulations governing
Status: in_force

40-22-09. Size and form of improvement districts - Regulations governing

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

property areas. Each improvement district shall be of such size and form as to include all

properties which in the judgment of the governing body, after consultation with the engineer

planning the improvement, will be benefited by the construction of the improvement project

which is proposed to be made in or for such district, or by any portion or portions of such

project. A single district may be created for an improvement of the type specified in any one of

the subsections of section 40-22-01, notwithstanding any lack of uniformity among the types,

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

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

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

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

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

improvement, or by a particular portion thereof, and is not assessed therefor. There may be

omitted from a water or sewer district, in the discretion of the governing body, properties within

the corporate limits which are benefited by the improvement therein but do not abut upon a

water or sewer main, without prejudice to the right and power of the municipality subsequently

to assess such properties to the extent and in the manner permitted by law. The governing body

may by resolution enlarge an improvement district in which an improvement is proposed or

under construction upon receipt of a petition therefor signed by the owners of three-fourths of

the area to be added to the district.
N.D. Cent. Code § 40-48-31 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-31
40-48-31. Modification of street lines - When allowed - Agreement - Approval of new map - Filing map - Abandoning reservation
Status: reserved

40-48-31. Modification of street lines - When allowed - Agreement - Approval of new

map - Filing map - Abandoning reservation.

At any time after the filing of a map of the kind described in section 40-48-28 for record with

the recorder and during the period specified for the reservation, the planning commission and

the owner of any land containing a reserved street location may agree upon a modification of

the location of the lines of the proposed street. Such agreement shall include a release by the

owner of any claim for compensation or damages by reason of such modification. Thereupon,

the commission may make a map corresponding to the modification and transmit the map to the

governing body. If the modified map is approved by the governing body, the city auditor shall file

for record an attested copy thereof with the recorder, and the modified map shall take the place

of the original map. The governing body, by resolution, may abandon any reservation at any

time. Any such abandonment shall be filed for record with the recorder.
N.D. Cent. Code § 40-36-19 — ND Code / Title 40 / Chapter 40-36 / Section 40-36-19
40-36-19. Limitations on authorizations contained in chapter - Effect of chapter on bonds issued prior to March 12, 1937
Status: in_force

40-36-19. Limitations on authorizations contained in chapter - Effect of chapter on

bonds issued prior to March 12, 1937.

Nothing in this chapter shall be deemed in any way to:

1. Alter the terms of any agreements made with the holders of any outstanding notes,

bonds, or other obligations of the municipality, prior to March 12, 1937;

2. Authorize the municipality to alter the terms of any such agreements, or to impair, or to

authorize the municipality to impair, the rights and remedies of any creditors of the

municipality; or

3. To 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 § 40-05-01.2 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-01.2
40-05-01.2. Remedies additional and not restrictive
Status: repealed

40-05-01.2. Remedies additional and not restrictive

Repealed by omission from this code.
N.D. Cent. Code § 40-23-22.1 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-22.1
40-23-22.1. City flood control special assessment exemption for state property - Limitations
Status: in_force

40-23-22.1. City flood control special assessment exemption for state property -

Limitations.

1. Notwithstanding any other provision of law, property of the state in a city subject to this

section is exempt from special assessments levied for flood control purposes. Upon

request by the governing body of the city, the exemption under this section may be

completely or partially waived by the legislative assembly or the budget section if the

legislative assembly is not in session. Any request considered by the budget section

must comply with section 54-35-02.9. A city is subject to the exemption under this

section in recognition of state financial assistance for flood control provided to the city

pursuant to section 61-02.1-01 or other appropriation or commitment of state funds.

2. The exemption under this section does not apply to any privately owned structure,

fixture, or improvement located on state-owned land if the structure, fixture, or

improvement is used for commercial purposes unless the structure, fixture, or

improvement is primarily used for athletic or educational purposes at a state institution

of higher education. An assessment allowed under this subsection must be based on

the square footage or front footage of the land occupied by the structure, fixture, or

improvement and made against the structure, fixture, or improvement and not against

the land on which it is located.
N.D. Cent. Code § 40-21-17 — ND Code / Title 40 / Chapter 40-21 / Section 40-21-17
40-21-17. Highest number of votes elects in municipal election - Procedure on tie vote
Status: in_force

40-21-17. Highest number of votes elects in municipal election - Procedure on tie

vote.

The person having the highest number of votes for any municipal office shall be declared

elected to such office. In case of a tie vote in the election of any municipal officer, a recount

must be conducted pursuant to section 16.1-16-01. If a recount results in a tie vote, the choice

must be determined by a drawing of names in the presence of the governing body of the

municipality and in a manner it directs. A candidate involved in a tie vote may withdraw the

candidate's name from consideration if the candidate is willing to sign a statement to that effect

in the presence of and witnessed by the filing officer of the election. If no candidates remain, the

office is to be filled according to the rules for filling an office when a vacancy exists.
N.D. Cent. Code § 40-49.1-01 — ND Code / Title 40 / Chapter 40-49.1 / Section 40-49.1-01
40-49.1-01. Combination of boards of park commissioners - Plan
Status: in_force

40-49.1-01. Combination of boards of park commissioners - Plan

The membership and functions of a board of city park commissioners may be combined

with one or more boards of city park commissioners or with one or more boards of county park

commissioners pursuant to a plan adopted pursuant to this chapter. This chapter does not

supersede the procedure and requirements of chapter 11-28 with respect to the creation of a

joint county park district. A proposal for combining boards of park commissioners may be

initiated:

1. By execution of a joint powers agreement between participating city or county boards

of park commissioners incorporating a plan for combining boards of park

commissioners; or

2. By a petition, signed by ten percent or more of the total number of qualified electors of

each affected city park district or county voting for governor at the most recent

gubernatorial election and submitted to the city park district or county, incorporating a

plan for combining boards of park commissioners.
N.D. Cent. Code § 40-29-06 — ND Code / Title 40 / Chapter 40-29 / Section 40-29-06
40-29-06. Assessment of expense in villages
Status: repealed

40-29-06. Assessment of expense in villages

Repealed by S.L. 1967, ch. 323, § 285.
N.D. Cent. Code § 40-22-22 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-22
40-22-22. Execution of bidder's bond
Status: repealed

40-22-22. Execution of bidder's bond

Repealed by S.L. 1995, ch. 443, § 29.
N.D. Cent. Code § 40-22.1-04 — ND Code / Title 40 / Chapter 40-22.1 / Section 40-22.1-04
40-22.1-04. Auditor's report required - Contents
Status: in_force

40-22.1-04. Auditor's report required - Contents

After a business improvement district has been created, the governing body of a

municipality, to make any of the improvements set out in section 40-22.1-01 in the manner

provided in this chapter, shall direct the city auditor for the municipality or some other person,

group, or entity to prepare a report as to the general nature, purpose, and feasibility of the

proposed improvement and an estimate of the probable cost of the work.
N.D. Cent. Code § 40-48-34 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-34
40-48-34. Granting or denying protests - When resolution effective
Status: in_force

40-48-34. Granting or denying protests - When resolution effective

Upon the hearing of any protest, the governing body may grant or deny the same except

that it shall not deny the written protests of the owners of a majority of the area of property lying

within any proposed street to be opened or of a majority of the owners of the frontage of a street

to be widened and upon which a future street line is established except by a four-fifths vote of

such governing body. The governing body may grant or sustain protests as to the entire

proposed future street line or lines or only as to a portion thereof. The governing body may deny

the protest or protests as to any portion of such proposed future street line or lines concerning

which a protest is not granted or sustained. Upon the denial of any such protest, the resolution

shall become effective immediately. If no protests are filed, such resolution shall take final effect

at midnight of the last day for filing protests.
N.D. Cent. Code § 40-24-07 — ND Code / Title 40 / Chapter 40-24 / Section 40-24-07
40-24-07. Street improvement assessments extended over a period of not more than thirty years
Status: in_force

40-24-07. Street improvement assessments extended over a period of not more than

thirty years.

Special assessments for the expense of opening, widening, grading, graveling, or extending

streets shall be payable in equal annual amounts, or in such annual amounts as will permit the

annual increase in payment of principal to approximate the annual decrease in the interest on

amounts remaining unpaid, extending over a period of not more than thirty years.
N.D. Cent. Code § 40-12-09 — ND Code / Title 40 / Chapter 40-12 / Section 40-12-09
40-12-09. Referred measure - Submission - Result of election
Status: repealed

40-12-09. Referred measure - Submission - Result of election

When a referendum petition is filed, the governing body of the municipality shall reconsider

the ordinance described therein, and if it is not entirely repealed, the governing body shall

submit it to the vote of the qualified electors of the municipality at the next regular municipal

election or at a special election to be called for that purpose as provided in section 40-12-06.

The ordinance shall not go into effect or become operative unless a majority of the qualified

electors voting on the same shall vote in favor thereof. If the referred ordinance was not

suspended by the filing of the referendum petition, it no longer shall be effective if it is

disapproved by a majority vote of the qualified electors voting on the same.
N.D. Cent. Code § 40-48-28 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-28
40-48-28. Maps showing reservations and future acquisitions for streets - Hearing - Notice - Approval by governing body - Modifications - Filing
Status: reserved

40-48-28. Maps showing reservations and future acquisitions for streets - Hearing -

Notice - Approval by governing body - Modifications - Filing.

After it has adopted any part of a master plan for any part of the territory within its planning

jurisdiction, the planning commission may make or cause to be made, from time to time,

surveys for the exact location of the lines of a street or streets shown in any portion of such

master plan and may make a map of the land thus surveyed showing precisely the land which it

recommends to be reserved for future acquisition for public streets. Before adopting any such

map, the planning commission shall hold a public hearing thereon. A notice of the time and

place of the hearing, with a general description of the district or area covered by the map, shall

be given not less than ten days previous to the time fixed for the hearing by one publication in

the official newspaper of the municipality if the district or area affected is within the municipality,

and in a newspaper of general circulation in the county if the district or area affected is outside

of the municipality. After such hearing, the commission may transmit the map as originally

made, or as modified by it, to the governing body together with the commission's estimate of the

time or times within which the lands shown on the map as street locations should be acquired

by the municipality. The governing body, by resolution, may approve and adopt or may reject

such map, or it may modify the map with the approval of the planning commission, or in the

event of the planning commission's disapproval, the governing body by a favorable vote of not

less than two-thirds of its entire membership, may modify such map and adopt the modified

map. In the resolution adopting the map, the governing body shall fix the period of time for

which the street locations shown upon the map shall be deemed reserved for future taking or

acquisition. The city auditor shall file for record an attested copy of the map with the recorder of

each county in which the mapped land is located and shall retain one copy for examination by

the public.
N.D. Cent. Code § 40-44-10 — ND Code / Title 40 / Chapter 40-44 / Section 40-44-10
40-44-10. Contracting with other municipalities and state departments for conduct of competitive examinations
Status: in_force

40-44-10. Contracting with other municipalities and state departments for conduct of

competitive examinations.

The governing body of any municipality, subject to the provisions of this chapter, may

contract with the governing body of any other municipality in this state or with any state

department for the holding of competitive examinations to ascertain the fitness of applicants for

positions and employment in the city service and for the performance of any other service in

connection with personnel selection and administration.
N.D. Cent. Code § 40-55-07 — ND Code / Title 40 / Chapter 40-55 / Section 40-55-07
40-55-07. Governing body, board, or commission may accept grants of real estate and money - Conditions
Status: in_force

40-55-07. Governing body, board, or commission may accept grants of real estate and

money - Conditions.

The governing body of a municipality, school district, or park district, recreation board or

commission, or other authority in which is vested the power to provide, establish, maintain, and

conduct such supervised recreation system may accept any grant or devise of real estate or any

gift or bequest of money or other personal property or any donation to be applied, principal or

income, for either temporary or permanent use for playgrounds or recreation purposes, but if the

acceptance thereof for such purposes will subject such municipality, school district, or park

district, to additional expense for improvement, maintenance, or removal, the acceptance of any

grant or devise of real estate shall always be subject to the approval of the governing body of

such municipality, school district, or park district. Money received for such purpose, unless

otherwise provided by the terms of the gift or bequest shall be deposited with the treasurer of

the governing body to the account of the recreation board or commission or other body having

charge of such work, and the same may be withdrawn and paid out by such body in the same

manner as money appropriated for recreation purposes.
N.D. Cent. Code § 40-55-06 — ND Code / Title 40 / Chapter 40-55 / Section 40-55-06
40-55-06. Establishing recreation board or commission - Members - Terms - Vacancy - Compensation
Status: in_force

40-55-06. Establishing recreation board or commission - Members - Terms - Vacancy -

Compensation.

If the governing body of any municipality, school district, or park district determines that a

public recreation system shall be established, the governing body shall by resolution or

ordinance establish in such municipality, school district, or park district a recreation board or

commission that shall possess all the powers and be subject to all the responsibilities of the

local authorities under this chapter. The members of the recreation board or commission shall

be appointed by the mayor or presiding officer of the municipality, park district, or school district

that establishes the recreation system. The recreation board or commission when established

shall consist of at least five but not more than nine persons, as the governing body may

determine, to be appointed by the mayor or presiding officer of the municipality, park district, or

school district, with the consent of the governing body. One member of the recreation board or

commission must be chosen from the legal membership of the park district board, or board of

park commissioners of the area involved, one member must be chosen from the membership of

the governing body of the municipality, and one member must be chosen from the legal

membership of the school district board or boards involved. The remaining members must be

chosen at large from the largest geographic area represented by the municipality, park district,

or school district involved. The term of office of all members of such recreation board or

commission shall be for three years except that the members of such recreation board or

commission first appointed shall be for staggered terms so that the terms of at least one but not

more than three members expire annually. If a vacancy occurs during the term of office of any

member, the mayor or presiding officer of the municipality, school district, or park district

involved, with the consent of the governing body, shall appoint a successor to serve for the

unexpired term. Membership on the recreation board or commission shall be without

compensation or remuneration.
N.D. Cent. Code § 40-33-12 — ND Code / Title 40 / Chapter 40-33 / Section 40-33-12
40-33-12. Surplus in municipal utilities fund - How expended
Status: in_force

40-33-12. Surplus in municipal utilities fund - How expended

When the governing body of the municipality determines that there is a cash surplus in the

municipal utilities fund over and above any amount necessary to provide adequately for the

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

plant or plants, it may invest the surplus or transfer it or a portion thereof as follows:

1. All or any part of the surplus may be invested by the governing body in

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

any bonds or special improvement district warrants of the municipality in which the

municipal plant is located, and all the principal and interest on the warrants and bonds,

when repaid, shall be placed back in the municipal utilities fund; or

2. The governing body may transfer from the surplus in the fund to the general fund of

the municipality or to any other fund of the municipality a total sum of not more than

twenty percent of the gross receipts of the municipal utilities for the fiscal year of the

municipality during which the transfer or transfers are made. In addition the governing

body, upon adoption of a resolution declaring it necessary and upon approval of a

majority of the votes cast on the question at a regular city election, may transfer to the

general fund of the municipality or to any other fund of the municipality from the

surplus in the municipal utilities fund at the end of any fiscal year. The resolution and

ballot shall state the specific amount or percentage to be transferred as hereinbefore

provided.
N.D. Cent. Code § 40-23-01 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-01
40-23-01. Special assessment commission - Appointment of members - Terms of office
Status: in_force

40-23-01. Special assessment commission - Appointment of members - Terms of

office.

The executive officer of each municipality, when it shall be found necessary, shall appoint

three reputable residents and freeholders of the municipality as members of a commission

which shall be known as the special assessment commission. The members appointed to the

first special assessment commission in a municipality shall hold office, respectively, for terms

designated by the executive officer when the appointments are made, as follows:

1. One member shall hold office until the first meeting of the governing body in April in the

first odd-numbered year following that member's appointment.

2. One member shall hold office until the first meeting of the governing body in April in the

second odd-numbered year following that member's appointment.

3. One member shall hold office until the first meeting of the governing body in April in the

third odd-numbered year following that member's appointment.

At the first meeting of the governing body in April of each odd-numbered year, or as soon

thereafter as practicable, the executive officer shall appoint a member of such commission. After

the members of the first special assessment commission have been appointed as provided in

this section, each appointment shall be made for a term of six years.
N.D. Cent. Code § 40-49.1-02 — ND Code / Title 40 / Chapter 40-49.1 / Section 40-49.1-02
40-49.1-02. Election on combination plan
Status: in_force

40-49.1-02. Election on combination plan

If a plan for combining boards of park commissioners is proposed by agreement or petition,

the participating or affected boards shall immediately submit the proposed plan to the governing

bodies of the affected cities and, if applicable, to the board of county commissioners of any

affected county. Those boards shall jointly submit the question of combination to the qualified

electors of the affected cities and counties at a primary or general election as specified in the

agreement or petition within two years of the initial submission of the agreement or petition, and

shall cause the complete text, or a fair and accurate summary, of the plan to be published in the

official newspapers of the affected cities and counties, not less than two weeks nor more than

thirty days, before the date of the election. The boards of park commissioners may, prior to the

election, hold public hearings and community forums and use other suitable means to

disseminate information, receive suggestions and comments, and encourage public discussion

of the purpose and provisions of the plan. The plan incorporated in the agreement or petition is

effective and becomes operative according to its terms if a majority of the qualified electors

voting on the question in each affected city or county approves the plan.
N.D. Cent. Code § 40-55-04 — ND Code / Title 40 / Chapter 40-55 / Section 40-55-04
40-55-04. Municipalities, school, or park districts may provide and establish joint recreation centers and facilities
Status: in_force

40-55-04. Municipalities, school, or park districts may provide and establish joint

recreation centers and facilities.

Any two or more municipalities, school districts, or park districts, jointly, may provide,

establish, maintain, and conduct a public recreation system, and acquire property therefor, and

establish and maintain community centers, playgrounds, recreation centers, and other

recreational and character-building areas, structures, facilities, and activities.
N.D. Cent. Code § 40-28-08 — ND Code / Title 40 / Chapter 40-28 / Section 40-28-08
40-28-08. Bond required of successful bidder for making service connections - Amount - Conditions - Approval
Status: repealed

40-28-08. Bond required of successful bidder for making service connections -

Amount - Conditions - Approval.

Repealed by S.L. 1995, ch. 443, § 29.
N.D. Cent. Code § 40-23.1-11 — ND Code / Title 40 / Chapter 40-23.1 / Section 40-23.1-11
40-23.1-11. Publication of notice of confirmation of assessment list and meeting for action upon assessments
Status: in_force

40-23.1-11. Publication of notice of confirmation of assessment list and meeting for

action upon assessments.

The city auditor shall publish at least once in the official newspaper of the municipality a

notice stating that the assessment list has been confirmed by the city auditor and filed in the city

auditor's office and is open to public inspection. The notice also shall state the time when and

the place where the governing body will act upon such assessment list. The assessment list

shall be acted upon by the governing body at a regular or special meeting occurring more than

fifteen days after the publication of such notice.
N.D. Cent. Code § 40-18.1-17 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-17
40-18.1-17. Sentencing alternatives - Suspension of sentence or imposition of sentence
Status: in_force

40-18.1-17. Sentencing alternatives - Suspension of sentence or imposition of

sentence.

Subject to section 40-05-06, a municipal judge may use the sentencing alternatives

provided under section 12.1-32-02 and may suspend any sentence the judge imposes or defer

the imposition of any sentence due to the good behavior of an individual adjudged to have

committed an offense, or for other reasonable cause, under subsection 3 or 4 of section

12.1-32-02, except a municipal judge may not suspend a sentence or the imposition of sentence

for driving a motor vehicle in violation of an operator's license suspension, revocation, or

restriction or for a violation of section 39-08-01 or equivalent ordinance if the suspension of

sentence or suspension of the imposition of sentence is prohibited under section 39-06-17 or

39-06-42 or chapter 39-08.
N.D. Cent. Code § 40-23-02 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-02
40-23-02. Commissioners - Appointments subject to confirmation - Qualifications - Chairman - Compensation
Status: in_force

40-23-02. Commissioners - Appointments subject to confirmation - Qualifications -

Chairman - Compensation.

All appointments made to the special assessment commission shall be subject to the

confirmation of the governing body. Upon appointment and confirmation, each commissioner

shall file with the city auditor a written acceptance of the appointment and shall take and

subscribe the oath required of other municipal officers, which shall be filed with the city auditor.

The member of the commission having the shortest term to serve shall act as chairman. No

member of the commission shall hold any other municipal office while serving as such member.

The appointing authority shall establish the rate of compensation for commissioners and actual

expenses incurred by commissioners may be reimbursed at the official reimbursement rates of

the appointing authority.
N.D. Cent. Code § 40-49-11 — ND Code / Title 40 / Chapter 40-49 / Section 40-49-11
40-49-11. Regular and special meetings of the board of park commissioners - Procedure
Status: in_force

40-49-11. Regular and special meetings of the board of park commissioners -

Procedure.

The board of park commissioners shall hold a regular meeting at least once each month at

a time and place to be designated by ordinance and such special meetings as it may deem

necessary. A special meeting may be called at any time by the president or any two members of

the board to consider matters specified in the call of such meeting. Written notice of any special

meeting shall be given to each member of the board prior to such meeting. The board may

adopt such rules of procedure as it deems necessary.
N.D. Cent. Code § 40-09-09 — ND Code / Title 40 / Chapter 40-09 / Section 40-09-09
40-09-09. Vice president and acting president of board - Powers to act
Status: in_force

40-09-09. Vice president and acting president of board - Powers to act

At the first meeting of the board after the newly elected commissioners take office, one of its

own members must be elected vice president. The vice president shall perform all the duties of

the office of president in the absence or disability of the president to act. In the absence or

disability to act of both the president and the vice president, the board shall elect one of its

members as acting president, who has all the powers and performs all the duties of the

president during the absence or disability.
N.D. Cent. Code § 40-51.2-10 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-10
40-51.2-10. Annexation review commission - Composition
Status: repealed

40-51.2-10. Annexation review commission - Composition

Repealed by S.L. 1997, ch. 357, § 16.
N.D. Cent. Code § 40-22-04 — ND Code / Title 40 / Chapter 40-22 / Section 40-22-04
40-22-04. Discharge of sewage - Regulations governing
Status: repealed

40-22-04. Discharge of sewage - Regulations governing

Repealed by S.L. 1975, ch. 575, § 2.
N.D. Cent. Code § 40-22.1-08 — ND Code / Title 40 / Chapter 40-22.1 / Section 40-22.1-08
40-22.1-08. Protest bar to proceeding - Invalid or insufficient protest - Payment of costs - Tax levy
Status: in_force

40-22.1-08. Protest bar to proceeding - Invalid or insufficient protest - Payment of

costs - Tax levy.

If the governing body finds the protest to contain the names of the owners of one-third or

more of the area of the property included within the business improvement district, the protest

bars proceeding further with the improvement project described in the plans and specifications.

If the governing body finds the protest to contain the names of the owners of one-third or more

of any separate property area included within the district, the protest bars proceeding with the

applicable portion of the improvement project, but does not bar proceeding with the remainder

of the improvement project or assessing the cost of the improvement project against other areas

within the district, unless the protest represents one-third or more of the area of the entire

district. Termination of proceedings does not relieve the municipality of responsibility for

payment of costs incurred. The municipality is not responsible for payment of costs incurred if

the improvement project is proposed by any person, group, or entity that is not an officer, board,

or agency of the municipality. Payment of the costs incurred for such a barred improvement

project must be as provided in section 40-22.1-02. For payment of costs incurred for a barred

improvement project proposed by a municipality, the municipality may, if available funds are

insufficient, issue its certificates of indebtedness or warrants, or levy a tax which shall be

considered a tax for a portion of the costs of a special improvement project by general taxation

within the meaning of section 57-15-10. If the protests are found to be insufficient or invalid, the

governing body may cause the improvement to be made, levy and collect necessary

assessments, and contract for the improvement and acquisition of necessary property or

services.
N.D. Cent. Code § 40-61-01 — ND Code / Title 40 / Chapter 40-61 / Section 40-61-01
40-61-01. Definitions
Status: in_force

40-61-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Authority" means any corporation created under the authority of this chapter.

2. "Board" means the members of the authority.

3. "Bonds" means the bonds authorized in this chapter.

4. "City" means any city with a municipal parking authority.

5. "Project" means any area or place operated or to be operated by an authority for the

parking or storing of motor and other vehicles and includes all real and personal

property, driveways, roads, approaches, structures, terminals of all kinds, garages,

meters, mechanical equipment, and all appurtenances and facilities either on, above,

or under the ground which are used and usable in connection with such parking or

storing of such vehicles in the area of the city.

6. "Projects" means more than one project.

7. "Property owner" means either a real estate owner, the beneficial owner of a leasehold

on a building constructed on railroad property, or the owner of a retail or wholesale

personal property inventory subject to an annual tax in excess of one thousand dollars.

8. "Real property" means lands, structures, franchises, and interest in lands, and any and

all things usually included within the said term, and includes not only fees simple

absolute but also any and all lesser interests, such as easements, rights of way, uses,

leases, licenses, and all other incorporeal hereditaments and every estate, interest, or

right, legal or equitable, including terms of years.
N.D. Cent. Code § 40-19-01 — ND Code / Title 40 / Chapter 40-19 / Section 40-19-01
40-19-01. Duties of city assessor
Status: in_force

40-19-01. Duties of city assessor

The city assessor within the city shall perform all the duties necessary in assessing the

property within the city for the purpose of levying the municipal, county, school, and state taxes.

Such assessors shall be governed by and shall make assessments and returns as is provided in

title 57 and in this chapter.
N.D. Cent. Code § 40-02-14 — ND Code / Title 40 / Chapter 40-02 / Section 40-02-14
40-02-14. Board of county commissioners to establish election precincts
Status: in_force

40-02-14. Board of county commissioners to establish election precincts

The territory embraced within the boundaries of a municipality organized under this chapter

shall be divided by the board of county commissioners which made the order of incorporation

into election precincts. If the municipality is situated in more than one county, there shall be at

least as many election precincts as there are portions of counties embraced within such

municipality.
N.D. Cent. Code § 40-58-13 — ND Code / Title 40 / Chapter 40-58 / Section 40-58-13
40-58-13. Cooperation by public bodies
Status: in_force

40-58-13. Cooperation by public bodies

1. For the purpose of aiding in the planning, undertaking, or carrying out of a

development or renewal project located within the area in which it is authorized to act,

any public body may, upon any terms, with or without consideration, as it may

determine:

a. Dedicate, sell, convey, or lease any of its interest in any property or grant

easements, licenses, or other rights or privileges therein to a municipality;

b. Incur the entire expense of any public improvements made by the public body in

exercising the powers granted in this section;

c. Do any and all things necessary to aid or cooperate in the planning or carrying

out of a development or renewal plan;

d. Lend, grant, or contribute funds to a municipality;

e. Enter into agreements which may extend over any period, notwithstanding any

law to the contrary with a municipality or other public body relating to action to be

taken pursuant to any of the powers granted by this chapter, including the

furnishing of funds or other assistance in connection with a development or

renewal project; and

f. Cause public buildings and public facilities, including parks, playgrounds,

recreational, community, educational, water, sewer or drainage facilities, or any

other works which it is otherwise empowered to undertake to be furnished;

furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or replan

streets, roads, sidewalks, ways, or other places; plan or replan or zone or rezone

any part of the public body or make exceptions from building regulations; and

cause administrative and other services to be furnished to the municipality. If at

any time title to or possession of any development or renewal project is held by

any public body or governmental agency, other than the municipality, which is

authorized by law to engage in the undertaking, carrying out, or administration of

development or renewal projects, including the federal government, the

provisions of the agreements referred to in this section inure to the benefit of and

may be enforced by the public body or governmental agency. As used in this

subsection, the term "municipality" shall also include an urban renewal agency or

a housing authority vested with authority pursuant to section 40-58-15.

2. Any sale, conveyance, lease, or agreement provided for in this section may be made

by a public body without appraisal, public notice, advertisement, or public bidding.

3. For the purpose of aiding in the planning, undertaking, or carrying out of the authority

of an urban renewal agency or a housing authority, a municipality may in addition to its

other powers and upon any terms, with or without consideration, as it may determine

do and perform any or all of the actions or things which, by the provisions of

subsection 1, a public body is authorized to do or perform, including the furnishing of

financial and other assistance.

4. For the purposes of this section, or for the purpose of aiding in the planning,

undertaking, or carrying out of a development or renewal project of a municipality, the

municipality may in addition to any authority to issue bonds pursuant to section

40-58-10 issue and sell its general obligation bonds. Any bonds issued by a

municipality pursuant to this section must be issued in the manner and within the

limitations prescribed by the laws of this state for the issuance and authorization of

bonds by the municipality for public purposes generally.
N.D. Cent. Code § 40-23-09 — ND Code / Title 40 / Chapter 40-23 / Section 40-23-09
40-23-09. Assessment list to be prepared - Contents - Certificate attached to assessment list
Status: in_force

40-23-09. Assessment list to be prepared - Contents - Certificate attached to

assessment list.

The commission shall make or cause to be made a complete list of the benefits and

assessments setting forth, by legal description or street address or both, each lot or tract of land

assessed, the amount each lot or tract is benefited by the improvement, and the amount

assessed against each. There must be attached to the list of assessments a certificate signed

by a majority of the members of the commission certifying that the same is a true and correct

assessment of the property therein described to the best of their judgment and stating the

several items of expense included in the assessment.
N.D. Cent. Code § 40-50.1-09 — ND Code / Title 40 / Chapter 40-50.1 / Section 40-50.1-09
40-50.1-09. Requirements governing land surveyor in correcting plat or in replatting - Affidavit and certification
Status: in_force

40-50.1-09. Requirements governing land surveyor in correcting plat or in replatting -

Affidavit and certification.

The land surveyor designated to make the correction or to do the replatting shall follow the

original hubs, stakes, monuments, and lines, and, by actual survey and measurements on the

ground, shall make the plat conform to the divisions, subdivisions, blocks, lots, outlots, pieces,

and parcels of land as originally laid out. All lost or disputed points, lines, and angles must be

determined by actual survey and made to conform with the original survey and must be marked

on the ground in a manner customary and as is provided in sections 40-50.1-01 through
N.D. Cent. Code § 40-33.1-15 — ND Code / Title 40 / Chapter 40-33.1 / Section 40-33.1-15
40-33.1-15. Authority may levy assessments against property to be benefited by project - Manner in which assessments to be made
Status: in_force

40-33.1-15. Authority may levy assessments against property to be benefited by

project - Manner in which assessments to be made.

After making any contract to construct, reconstruct, repair, or purchase any real or personal

property to be used in the production of steam, the authority may assess the cost of such

contract, or any part thereof, against those property owners who are both purchasing or going to

purchase steam from the authority and who will benefit from the completion of the contract. The

determination, levy, manner of protest to, amendment of, and collection of the assessment shall

be made by the authority, as near as is practicable, in the manner provided for water main and

waterworks special assessments by municipalities.
N.D. Cent. Code § 40-05-01.3 — ND Code / Title 40 / Chapter 40-05 / Section 40-05-01.3
40-05-01.3. City traffic ordinances to apply to streets within mobile home parks
Status: in_force

40-05-01.3. City traffic ordinances to apply to streets within mobile home parks

Every city ordinance regulating the operation or equipment of motor vehicles or regulating

traffic shall apply to the private ways, streets, lanes, and alleys of mobile home parks, trailer

parks, and campgrounds containing five or more lots for occupancy by mobile homes, travel

trailers, or tents.
N.D. Cent. Code § 40-57-06 — ND Code / Title 40 / Chapter 40-57 / Section 40-57-06
40-57-06. Certificate of convenience or necessity not required
Status: in_force

40-57-06. Certificate of convenience or necessity not required

It shall not be necessary for any municipality proceeding under this chapter to obtain any

certificate of convenience or necessity, franchise, license, permit, or other authorization from

any bureau, board, commission, or other instrumentality of the state in order to acquire,

construct, reconstruct, improve, better, or extend any project or for the issuance of bonds in

connection therewith.
N.D. Cent. Code § 40-51.2-17 — ND Code / Title 40 / Chapter 40-51.2 / Section 40-51.2-17
40-51.2-17. Cost of annexation
Status: in_force

40-51.2-17. Cost of annexation

The costs of the annexation proceedings, and the costs for services rendered by an

administrative law judge, must be paid to the office of administrative hearings by the annexing

city. The costs of the annexation proceedings are the same as those allowed in any civil action.
N.D. Cent. Code § 40-09-01 — ND Code / Title 40 / Chapter 40-09 / Section 40-09-01
40-09-01. Board of city commissioners - Composition
Status: in_force

40-09-01. Board of city commissioners - Composition

The governing body of a city operating under the commission system of government is the

board of city commissioners which is composed of the president of the board of city

commissioners and not less than three city commissioners. The number of city commissioners

may be increased or decreased pursuant to section 40-06-09.
N.D. Cent. Code § 40-18.1-23 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-23
40-18.1-23. Transfer of municipal ordinance cases to district court
Status: in_force

40-18.1-23. Transfer of municipal ordinance cases to district court

With the agreement of the state court administrator, the governing body of a city may, by

ordinance, transfer some or all of the cases of the municipal court to the district court serving

the county in which the city is located without abolishing the municipal court. Cases transferred

under this section are deemed district court cases for purposes of appeal. The agreement must

provide the city is responsible for providing for the prosecution of the cases and for providing a

defense attorney in cases involving an indigent defendant.
N.D. Cent. Code § 40-08-06 — ND Code / Title 40 / Chapter 40-08 / Section 40-08-06
40-08-06. Term of office of council members - Staggered terms provided for in cities where other than ten council members elected
Status: in_force

40-08-06. Term of office of council members - Staggered terms provided for in cities

where other than ten council members elected.

Council members shall hold office for four years and until their successors are elected and

qualified. Terms of council members must be arranged so that one-half of the council members

in any city, as nearly as practicable, are elected in any one election. When a city first adopts the

council form of government or changes the number of council members, or when a city that has

adopted the commission system of government returns to the city council form of government

as provided by section 40-04-08, the alternation of the terms of the council members must be

perfected as follows: of the council members elected in each ward, the one receiving the greater

number of votes shall serve until the first day of July following the second succeeding biennial

election and the one receiving the lesser number of votes shall serve until the first day of July

following the biennial election succeeding the council member's election; if the city is not divided

into wards, the one-half of the council members elected in the entire city receiving the greater

number of votes shall serve until the first day of July following the second succeeding biennial

election and the one-half of the council members elected in the entire city receiving the lesser

number of votes shall serve until the first day of July following the biennial election succeeding

their election. Whenever, for any reason, vacancies exist on the council which require an

unexpired term to be filled by election, the unexpired term must be designated on the ballot

separate from any other regular term or terms that may also appear on the ballot. Candidates

seeking nomination to an unexpired term are required to indicate whether or not they are

seeking a regular term of office or an unexpired term of office on their nominating petitions as

set forth in section 40-21-07.
N.D. Cent. Code § 40-18.1-26 — ND Code / Title 40 / Chapter 40-18.1 / Section 40-18.1-26
40-18.1-26. Compliance with rules adopted by the supreme court
Status: in_force

40-18.1-26. Compliance with rules adopted by the supreme court

1. The supreme court shall adopt rules governing:

a. Municipal court procedure;

b. Qualifications, judicial conduct, and education of municipal judges;

c. Qualification and education of municipal clerks;

d. Requirements of municipal court facilities; and

e. Records to be maintained and reports to be filed by the municipal court.

2. Each municipal judge and alternate judge shall comply with the rules established by

the supreme court. The city shall reimburse the judge for necessary travel expenses,

meals, and lodging relating to compliance with the rules regarding qualifications,

judicial conduct, and education in the same manner as other city officials are

reimbursed.

3. If a municipal judge or alternate municipal judge fails to fulfill the requirements of the

rules established by the supreme court, the judicial conduct commission may order the

municipal judge not preside over municipal court proceedings.
N.D. Cent. Code § 40-38.1-03 — ND Code / Title 40 / Chapter 40-38.1 / Section 40-38.1-03
40-38.1-03. Board of directors - Appointment - Term of office - No compensation - Filling vacancies - Organization
Status: in_force

40-38.1-03. Board of directors - Appointment - Term of office - No compensation -

Filling vacancies - Organization.

The governing body of a city which has established a municipal arts council shall appoint a

board of not less than five nor more than nine directors who must be residents of the city as

members of the council. The terms of office of the members of the first council appointed under

this section shall be staggered so that, as near as possible, an equal number of terms will expire

in each of the first three years. The members, at their first meeting, shall determine the length of

their respective terms by lot. Thereafter, the number of members required to fill expired terms

shall be appointed each year, and thereafter each member shall hold office for a term of three

years from the first day of July in the year of the appointment and until a successor has been

appointed. No member of the council shall serve for more than two consecutive terms, after

which an interval of one year must elapse before the same member may be reappointed. All

vacancies on the municipal arts council shall be reported by the council to the governing body of

the city and shall be filled by the governing body. Appointments made to fill unexpired terms

shall be for the remainder of the term only. No compensation shall be paid or allowed to a

council member. Immediately after the appointment of its members, a municipal arts council

shall meet and organize by electing a president and a secretary.
N.D. Cent. Code § 40-30-01 — ND Code / Title 40 / Chapter 40-30 / Section 40-30-01
40-30-01. Special streetlighting system authorized
Status: in_force

40-30-01. Special streetlighting system authorized

Any city may install upon any of its streets any special system or systems of streetlighting

and defray the expenses and cost thereof as provided in this chapter.
N.D. Cent. Code § 40-13-02 — ND Code / Title 40 / Chapter 40-13 / Section 40-13-02
40-13-02. Bonds of city officials - Requirements - Approvals - Additional bonds
Status: in_force

40-13-02. Bonds of city officials - Requirements - Approvals - Additional bonds

The auditor, municipal judge, assessor, and the city manager of any city, and such other

officers as the governing body may direct, before entering upon the discharge of the duties of

their respective offices, shall execute and deliver to the city their separate bonds payable to the

city, conditioned for the honest and faithful performance of their official duties. The bond must be

in an amount fixed by the governing body of the city. The bond of the auditor must be set by

resolution of the governing body of the city at a regular meeting in June of each year in an

amount at least equal to twenty-five percent of the average amount of money that has been

subject to the auditor's control during the preceding fiscal year, as determined by the total of the

daily balances of the auditor for the calendar year divided by the figure three hundred or the

sum of two hundred fifty thousand dollars whichever is least. All official bonds must be approved

by the executive officer of the city and filed in the office of the city auditor. The bonds must

conform to the law applicable to the bonds of state officers and employees except that no

personal surety may be accepted on any bond. A city may not pay the premium on any bond

except a bond written in the state bonding fund or a bond procured to replace a bond canceled

by the state bonding fund. The governing body at any time may require new and additional

bonds of any officer.
N.D. Cent. Code § 40-57.3-04 — ND Code / Title 40 / Chapter 40-57.3 / Section 40-57.3-04
40-57.3-04. Payment of tax - Collection by tax commissioner - Administrative expenses allowed - Rules
Status: in_force

40-57.3-04. Payment of tax - Collection by tax commissioner - Administrative

expenses allowed - Rules.

The taxes imposed under this chapter are due and payable at the same time the taxpayer is

required to file a return under chapter 57-39.2 and must be collected and administered by the

tax commissioner in accordance with the relevant provisions of chapter 57-39.2. The taxpayer

shall add the taxes imposed under this chapter to the sales, lease, or rental price and shall

collect the tax from the consumer. A retailer may not advertise or hold out or state to the public,

or to any consumer, directly or indirectly, that the taxes or any part of the taxes imposed under

this chapter shall be assumed, absorbed, or refunded by the taxpayer. The amount the tax

commissioner remits monthly to each city as taxes collected for that city's visitors' promotion

fund and visitors' promotion capital construction fund must be reduced by three percent as an

administrative fee necessary to defray the cost of collecting the taxes and the expenses incident

to collection. The administrative fee must be deposited in the general fund in the state treasury.

The tax commissioner shall adopt rules necessary for the administration of this chapter. The

penalties and liabilities provided in sections 57-39.2-18 and 57-39.2-18.1 specifically apply to

the filing of returns and administration of the taxes imposed under this chapter. The taxes

imposed under this chapter are not taxes subject to chapter 57-39.4. The tax commissioner may

offset future distributions of a tax imposed and collected under this chapter if there was a

previous overpayment of the tax distributed to the city. The tax commissioner, after consulting

the appropriate local political subdivision, may determine the offset amount and time period for

recovery of the overpayment of the tax distribution.
N.D. Cent. Code § 40-09-02 — ND Code / Title 40 / Chapter 40-09 / Section 40-09-02
40-09-02. Governing body is judge of election and qualifications of members
Status: in_force

40-09-02. Governing body is judge of election and qualifications of members

The board of city commissioners shall be the judge of the election and qualifications of its

own members.
N.D. Cent. Code § 40-35-05 — ND Code / Title 40 / Chapter 40-35 / Section 40-35-05
40-35-05. Cost of undertaking - How determined
Status: in_force

40-35-05. Cost of undertaking - How determined

In determining the cost of an undertaking, the governing body may include all cost and

estimated cost of the issuance of the revenue bonds, all engineering, inspection, fiscal, and

legal expenses, any bond reserves, and the interest which it is estimated will accrue during the

construction period and for six months thereafter on money borrowed or which it is estimated

will be borrowed pursuant to this chapter.
N.D. Cent. Code § 40-48-35 — ND Code / Title 40 / Chapter 40-48 / Section 40-48-35
40-48-35. Resolution and map recorded upon adoption
Status: in_force

40-48-35. Resolution and map recorded upon adoption

Whenever any resolution adopting a street map shall have become final, the city auditor

shall record in the office of the recorder of the appropriate county a notice referring to the

resolution by number and other appropriate description, including the date of its adoption, and

setting forth a description of the property contained within the proposed opening and widening

lines or between the future street lines and the nearest public highway, together with a copy of

the map showing any such line or lines.