Title 40 — Municipal Government
85 chapters · 759 sections in this title.
N.D.C.C. § 40-05.1-00.1 Definitions
0.4K chars
In this chapter, unless the context or subject matter otherwise requires: 1. "City officers" means the elected and appointed officers of the city and includes the governing body of the city and its members. 2. "Executive officer" means the chief officer in whom resides the power …
N.D.C.C. § 40-05.1-01 Enabling clause
0.1K chars
Any city may frame, adopt, amend, or repeal home rule charters as provided in this chapter.
N.D.C.C. § 40-05.1-02 Methods of proposing home rule charter
2.2K chars
The governing body of any city may on its own motion cause a home rule charter to be framed and submitted for adoption to the qualified electors of the city in the manner provided in this chapter, or such proposal may be made in a petition filed with the governing body and signed…
N.D.C.C. § 40-05.1-04 Submission of charter to electors
2.0K chars
At least sixty days, but no more than two years, after submission of the charter to the governing body of the city, the proposed charter must be submitted to a vote of the qualified electors of the city at a regular or special city election, or at any statewide election that is h…
N.D.C.C. § 40-05.1-05.1 Multicity home rule
4.4K chars
1. Two or more cities may draft and submit for adoption a multicity home rule charter to the electors of each city pursuant to this section. The other provisions of this chapter apply to a multicity home rule charter, except as otherwise provided by this section. 2. The process f…
N.D.C.C. § 40-05.1-06 Powers
7.6K chars
From and after the filing with the secretary of state of a charter framed and approved in reasonable conformity with the provisions of this chapter, such city, and the citizens thereof, shall, if included in the charter and implemented through ordinances, have the following power…
N.D.C.C. § 40-05.1-06.1 Sales tax revenue transfer to school districts prohibited
0.4K chars
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…
N.D.C.C. § 40-05.1-07 Amendment or repeal
1.0K chars
Except as provided in section 40-05.1-07.1, the home rule charter adopted by any city may be amended or repealed by proposals submitted to and ratified by the qualified electors of the city in the same general manner provided in sections 40-05.1-02 and 40-05.1-04 for the adoption…
N.D.C.C. § 40-05.1-07.1 Conformance with statute or court order - Amendment
1.1K chars
1. When a portion of a home rule charter is preempted, superseded, or invalidated by a legislative act or a court order, the city may amend portions of the home rule charter by a resolution adopted by the governing body of the city. The resolution must reference the authority sup…
N.D.C.C. § 40-05.1-08 Commission - Terms of office - Vacancies
0.2K chars
The terms of office of the members of the charter commission shall be four years. Any vacancy on said commission shall be filled by the governing body of the city.
N.D.C.C. § 40-05.1-09 Restriction on proposals to amend or repeal
0.0K chars
Repealed by S.L. 1993, ch. 401, § 53.
N.D.C.C. § 40-05.1-10 Manner of calling and holding elections
0.4K chars
The elections provided for in this chapter shall be called and held in the same manner as is provided for the calling and holding of city elections except that all qualified voters of the city shall be eligible to vote at such elections. The form of ballot shall be prescribed by …
N.D.C.C. § 40-05.1-11 Effect of amendment or repeal on salary or term of office
0.7K chars
Repeal of a home rule charter shall cause the city affected by such repeal to revert to the form of government of such city immediately preceding adoption of the home rule charter and when positions to which officials were elected under the home rule charter are substantially the…
N.D.C.C. § 40-05.1-12 Former powers preserved
0.2K chars
All powers heretofore granted any city by general law are hereby preserved to each home rule city, respectively, and the powers so conferred upon said cities by general law, are hereby granted to home rule cities.
N.D.C.C. § 40-05.1-13 Vested property - Claims for relief - Actions saved
1.1K chars
The adoption of any charter hereunder or any amendment thereof shall never be construed to destroy any property, action, claims for relief, claims, and demands of any nature or kind whatever vested in the city under and by virtue of any charter theretofore existing or otherwise a…