Title 40, Municipal Government
85 chapters · 1,001 sections in this title.
N.D.C.C. § 40-04-01 Incorporation as commission city
0.8K chars
Any city in this state having a population of not less than five hundred inhabitants may become incorporated as a city under the commission system of government as provided in this section. If one-tenth of the qualified electors of the municipality, based upon the votes cast for …
N.D.C.C. § 40-04-02 Notice of election
0.2K chars
Notice of an election to be held under this chapter shall be given by the executive officer of the city by publication in the official newspaper of the city as provided in section 40-01-09 for at least twenty days.
N.D.C.C. § 40-04-03 Form of ballot
0.2K chars
The ballots to be used at such election shall be in substantially the following form: Shall the city of ________________ (naming the city) become organized as a city under the commission system of government? Yes ☐ No ☐
N.D.C.C. § 40-04-04 Returns and canvass of election - Certificate to secretary of state - Officers to continue until election
0.8K chars
The officials of an election held under the provisions of this chapter shall make a return of such election to the governing body of the city and such governing body shall canvass such returns and cause the result of the canvass to be entered upon the records of the city. If a ma…
N.D.C.C. § 40-04-05 Patent issued to city by governor
0.5K chars
Upon the certification of the matters described in section 40-04-04, the government shall issue letters patent, under the great seal of the state, reciting the facts, defining the boundaries of the city, and constituting the city a body corporate and politic by the name of the ci…
N.D.C.C. § 40-04-06 Patent to city to be recorded - Use as evidence
0.4K chars
A patent issued by the governor under the provisions of this chapter shall be recorded in the office of the secretary of state. Any patent so issued and recorded and the record thereof, or a certified copy thereof, shall be conclusive evidence in all courts and places of the due …
N.D.C.C. § 40-04-07 Special election called to elect city commissioners
0.3K chars
Within twenty days after the issuance of a patent incorporating any city under the provisions of this chapter, the executive officer of the city voting such incorporation shall call a special election for the purpose of electing the first board of city commissioners. The election…
N.D.C.C. § 40-04-08 Change from or to commission system of government - Petition required
1.8K chars
Any city that has operated for more than six years under or since changing from the city commission system of government may change its governmental organization and adopt the city council form of government or the modern council form of government or revert to the city commissio…
N.D.C.C. § 40-04-09 City auditor to pass on sufficiency of petition to change from commission system of government
1.1K chars
Within thirty days after a petition to change from the commission system of government is filed, the city auditor shall examine the petition and ascertain whether or not the petition is signed by the required number of qualified electors. The city auditor shall attach to the peti…
N.D.C.C. § 40-04-10 Procedure upon filing of petition to change from or revert to commission system of government - Election - Ballot
2.2K chars
When a petition to change from or revert to the commission system of government, with the city auditor's certificate of sufficiency, is filed with the governing body of a city, or when a resolution to change or revert has been adopted, the governing body shall call a special elec…
N.D.C.C. § 40-04-11 Procedure when election favors changing from commission system of government
0.4K chars
If a majority of the votes cast on the question at the election provided for in section 40-04-10 favor the proposition submitted at such election, the officers elected at the next biennial election shall be those prescribed by the provisions of this title relating to cities organ…