Title 40, Municipal Government
85 chapters · 1,001 sections in this title.
N.D.C.C. § 40-01-01 Definitions
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In this title, unless the context or subject matter otherwise requires: 1. "City" includes cities incorporated under the city council form and city commission system of government, unless the contrary shall appear. 2. "Executive officer" means the mayor in council cities or the p…
N.D.C.C. § 40-01-02 Municipalities are bodies corporate
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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 …
N.D.C.C. § 40-01-03 Judicial notice of existence and change of organization to be taken by courts
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Courts shall take judicial notice of the existence of a municipality by the name and style designated at the time of its incorporation, and of the change of the form of the organization of any municipality from its original form to any other type of organization provided by this …
N.D.C.C. § 40-01-04 Vested rights
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All rights and property of every kind and description vested in any municipal corporation previous to any change in its form of organization shall be vested in the same municipal corporation upon its being incorporated under a different type of organization as provided by this ti…
N.D.C.C. § 40-01-05 Ordinances and resolutions remain in force - Legal identity not changed
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A change in the form of organization of a municipality shall not change its legal identity as a municipal corporation. All ordinances and resolutions in force therein at the date of such change shall continue in full force and effect until repealed or amended.
N.D.C.C. § 40-01-06 Bonds, contracts, and conveyances - How signed and countersigned
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All bonds, contracts, and conveyances of a municipality, except as otherwise provided, shall be signed by the executive officer and countersigned by the auditor or clerk, as the case may be.
N.D.C.C. § 40-01-07 Property exempt from taxation and sale on execution
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Lands, houses, moneys, claims receivable, and property and assets of every kind and description belonging to a municipality shall be exempt from taxation and from sale on execution.
N.D.C.C. § 40-01-08 Removal of building when taxes and special assessments or share of bonded indebtedness are due - Lien - Penalty
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No person may remove a building from any lot or tract of land in any municipality, unless it is assessed as personalty or exempt from taxation, until after the taxes and special assessments then due have been paid, nor until the owner shall have paid into the sinking fund for the…
N.D.C.C. § 40-01-09 Official newspaper of municipality
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The official newspaper as chosen by the electors of the county shall be the official newspaper of the municipality in which it is published, and such official notices and legal publications as the municipality is required to publish by law shall be published therein. In municipal…
N.D.C.C. § 40-01-09.1 Publication of city government proceedings - Electorate to decide
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Beginning with the 1996 biennial municipal elections, and every four years thereafter, all cities in North Dakota, regardless of their form of government, must put on the ballot the question of whether the minutes of its governing body shall be published in its official newspaper…
N.D.C.C. § 40-01-10 Certificate of publication filed in auditor's office - Conclusive evidence - When bill for publication audited
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After any ordinance, notice, resolution, or other proceeding has been published, a copy of the publication, together with the affidavit of publication stating the length of time it has been published, shall be filed with the city auditor. Such affidavit shall be conclusive eviden…
N.D.C.C. § 40-01-11 Publication by a city or park district in which no official newspaper is published
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Whenever any ordinance, notice, or other instrument is required by law to be published in a city or park district in which no official newspaper is published, such publication may be made or such notice given by publication of such ordinance, notice, or other instrument in the of…
N.D.C.C. § 40-01-12 Claims and accounts against municipalities audited
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No account or claim against a municipality to be paid from any fund, including a municipal utilities fund, shall be allowed by the governing body thereof until a full itemized statement in writing has been filed with the governing body or unless otherwise authorized by the govern…
N.D.C.C. § 40-01-13 Payment of accounts by municipality
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No account or claim shall be paid by a municipality unless the same has been audited and allowed by the governing body thereof. Approval by the governing body shall be recorded in the record of its proceedings and this shall be sufficient to indicate approval without requiring a …
N.D.C.C. § 40-01-14 Office of municipality located in more than one county - Form of official proceeding - Seal
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The officers of a municipality which consists of territory located in more than one county may maintain an office for the performance of their duties in any portion of the municipality. All official proceedings shall be headed with the name of the municipality and of each county …
N.D.C.C. § 40-01-15 Assessors where municipality is in more than one county - Powers and duties of assessors
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In any municipality which contains territory located in more than one county, an assessor shall be elected or appointed in accordance with the law applicable to such form of municipality for that portion of the municipality situated in each county. Such assessor must be a residen…
N.D.C.C. § 40-01-16 Duty of auditor relating to assessments in municipality located in more than one county
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The auditor of a municipality embracing territory in more than one county shall transmit the appropriate assessment books, with a certified copy of the minutes showing the proceedings of the board of equalization, to the county auditor of each county in which the municipality is …
N.D.C.C. § 40-01-17 County treasurers' duties relating to municipality located in more than one county
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If a municipality contains territory located in more than one county, the county treasurer of each county in which such municipality is located shall perform the same duties in relation to all property returned as assessed by the municipality in the county of which the treasurer …
N.D.C.C. § 40-01-18 Other provisions applicable to municipalities situated in more than one county
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The holding of elections, organization of the board of elections, the election and term of office of the original officers, and the powers and duties of officers of a city embracing territory in more than one county shall be governed by the provisions of this title relating to ci…
N.D.C.C. § 40-01-19 Provisions of title shall apply to all cities
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All cities in North Dakota shall be governed by the provisions of this title.
N.D.C.C. § 40-01-20 Daylight saving time prohibited
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No city or other political subdivision within the state shall adopt daylight saving time or any other seasonal standard of time which varies from the time in effect in such city or political subdivision during the greater portion of the year. All ordinances, resolutions, or other…
N.D.C.C. § 40-01-21 Removal of city advisory or policy decisionmaking members
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The executive officer of a city and a sixty percent majority of the members-elect of a city's governing body at a regular meeting of such body may remove any member of an appointive agency, board, or commission which has spending, borrowing, or eminent domain powers and acts in a…
N.D.C.C. § 40-01-22 Antitrust immunity of cities and city governing bodies
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All immunity of the state from the provisions of the Sherman Antitrust Act [Act July 2, 1890, c.647; 26 Stat. 209; 15 U.S.C. 1 et seq.] is hereby extended to any city or city governing body acting within the scope of the grants of authority contained in sections 40-05-01, 40-05-0…
N.D.C.C. § 40-01-23 Authorization to organize and participate in an organization of city governments
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1. Cities incorporated under the statutes of North Dakota are hereby authorized upon motion of the city governing body to organize and participate in an organization of city governments. 2. The organization or organizations authorized hereunder must be organized pursuant to chapt…
N.D.C.C. § 40-01-24 Firefighters may solicit charitable contributions from motorists
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Notwithstanding section 39-10-34 or any other provision of law, a city, by resolution, may permit permanent, on-duty or off-duty, full-time firefighters employed by the city or volunteers serving the city to solicit charitable contributions from motorists under the following cond…
N.D.C.C. § 40-01-25 Prohibition - Connection of utility services
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Notwithstanding any other provision of law, a city may not adopt or enforce an ordinance, resolution, or policy that prohibits or impedes, or has the effect of prohibiting or impeding, the connection or reconnection of an electric, natural gas, propane, or other energy utility se…