Title 40 — Municipal Government
85 chapters · 759 sections in this title.
N.D.C.C. § 40-08-01 City council - Who constitutes
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The governing body of a city operating under the council form of government is the city council, which is composed of the mayor and council members.
N.D.C.C. § 40-08-02 Governing body is judge of election and qualifications of members
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The city council shall be judge of the election and qualifications of its own members.
N.D.C.C. § 40-08-03 Number of council members
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The number of council members is not less than three. The number of council members may be increased or decreased pursuant to section 40-06-09.
N.D.C.C. § 40-08-03.1 Change to ten council members and mayor - Petition required
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Repealed by S.L. 1993, ch. 401, § 53. 40-08-03.2. City auditor to pass on sufficiency of petition requesting change to ten council members and mayor. Repealed by S.L. 1993, ch. 401, § 53.
N.D.C.C. § 40-08-04 Election of council members
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In cities containing six hundred inhabitants or less, the council members must be elected at large. Except as provided in section 40-08-04.2, in all other cities operating under the council form of government, the council members must be elected by wards. 40-08-04.1. Procedure wh…
N.D.C.C. § 40-08-04.2 Election at large of council members from wards - Option
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Notwithstanding any other provision of law, the governing body of a city having a population not exceeding five thousand and which is operating under the council form of government may provide by ordinance for the election of all council members at large. If the council members a…
N.D.C.C. § 40-08-05 Qualifications of council members
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An individual is not eligible to the office of council member if the individual is not a qualified elector of and resident within the ward for which the individual was elected, except that in cities where council members are elected at large and not required to be a resident of t…
N.D.C.C. § 40-08-07 Compensation of council members
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Each council member is entitled to receive compensation for services as established by ordinance.
N.D.C.C. § 40-08-08 Vacancies on council - How filled
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If a vacancy occurs in a city council office by death, resignation, or otherwise, the city council may call a special city election to fill the vacancy for the unexpired term, or may, after fifteen days of the date of the vacancy appoint a person from the ward in which the counci…
N.D.C.C. § 40-08-09 Restrictions on members of council
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1. Except as provided in this section, no member of the city council shall: a. Be eligible to any other office the salary of which is payable out of the city treasury; b. Hold any other office under the city government; or c. Hold a position of remuneration in the employment of t…
N.D.C.C. § 40-08-10 Meetings of council - Regular, special, and for organization
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The city council shall hold its regular meetings at least once a month on a date certain established by resolution or ordinance of the council, and may prescribe by ordinance the manner in which special meetings may be called as well as the establishment of any additional regular…
N.D.C.C. § 40-08-11 When president and vice president of council elected
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At the organization meeting in each even-numbered year, the members of the city council shall proceed to elect from their number a president and a vice president who shall hold their respective offices until their successors are elected at the organization meeting following the n…
N.D.C.C. § 40-08-12 Publication of proceedings
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Repealed by I.M. approved November 8, 1994, S.L. 1995, ch. 637, § 2. 40-08-13. Presiding officer of council in absence or disability of mayor - President of council. The president of the city council shall be the presiding officer of the council in the absence or temporary disabi…
N.D.C.C. § 40-08-14 Mayor - Qualifications - Term
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The chief executive officer of the city is the mayor. The mayor shall be a qualified elector within the city and shall hold office for four years and until a successor is elected and qualified.
N.D.C.C. § 40-08-15 Compensation of mayor
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The mayor shall receive such compensation as the city council may direct by ordinance. 40-08-16. Vacancy in office of mayor - Filled by election or by council - President of council to be acting mayor. If a vacancy occurs in the office of mayor, the city council may call a specia…
N.D.C.C. § 40-08-17 Absence or disability of mayor - Acting mayor
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During the absence of the mayor from the city or during the mayor's temporary disability, the president of the city council shall be the acting mayor and shall possess all the powers of the mayor. In the absence or disability of the mayor and president of the city council, the vi…
N.D.C.C. § 40-08-18 Mayor to preside at council meetings - Voting power of mayor
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The mayor shall preside at all meetings of the city council, but shall not vote except in case of a tie, when the mayor shall cast the deciding vote.
N.D.C.C. § 40-08-19 Mayor may remove appointive officers - Reasons for removal to be given
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The mayor may remove any officer appointed by the mayor whenever the mayor is of the opinion that the interests of the city demand such removal, but the mayor shall report the reasons for such removal to the council at its next regular meeting.
N.D.C.C. § 40-08-20 Mayor may suppress disorder and keep peace
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The mayor may exercise within the city limits the powers conferred upon a sheriff to suppress disorder and keep the peace.
N.D.C.C. § 40-08-21 Release of prisoners by mayor - Report to council
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Repealed by S.L. 1987, ch. 375, § 16.
N.D.C.C. § 40-08-22 Mayor to perform duties prescribed by law - Enforce laws and ordinances
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The mayor shall perform all duties prescribed by law or by the city ordinances and shall see that the laws and ordinances are faithfully executed.
N.D.C.C. § 40-08-23 Inspection of books, records, and papers of city by mayor
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The mayor, at any time, may examine and inspect the books, records, and papers of any agent, employee, or officer of the city.
N.D.C.C. § 40-08-24 Ordinance or resolution signed or vetoed by mayor
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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.C.C. § 40-08-25 Messages to council
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The mayor annually and from time to time shall give the council information relative to the affairs of the city and shall recommend for its consideration such measures as the mayor may deem expedient.
N.D.C.C. § 40-08-26 Mayor may call on residents to aid in enforcing ordinances
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When necessary, the mayor may call on each resident of the city over the age of eighteen years to aid in enforcing the laws and ordinances of the city.
N.D.C.C. § 40-08-27 Police chief and police officers appointed by mayor
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The mayor may appoint any number of police officers the mayor and the city council deem necessary to preserve the peace of the city and the mayor shall appoint one of the number as chief of police. Such appointment shall be subject to the approval of the council.
N.D.C.C. § 40-08-28 Mayor may administer oaths
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The mayor of each city may administer oaths and affirmations.