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North Dakota Statutes, Title 40

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North Dakota/Statutes

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Title 40, Municipal Government

85 chapters · 1,001 sections in this title.

All chapters in Title 401,001 Ch 40-48, Municipal Master Plans and Planning …39 Ch 40-22, Improvements by Special Assessment M…33 Ch 40-33, Municipal Utilities30 Ch 40-46, Employees' Pensions in Cities28 Ch 40-08, Governing Body and Executive Officer…27 Ch 40-23, Assessment of Benefits27 Ch 40-45, Police Pensions in Cities27 Ch 40-01, General Provisions26 Ch 40-05, Powers of Municipalities26 Ch 40-18.1, Municipal Courts26 Ch 40-49, Parks and Park Districts25 Ch 40-24, Special Assessment Funds and Disburs…23 Ch 40-58, Urban Renewal Law21 Ch 40-34, Sewage and Garbage Disposal20

15 sections·Filtered byTitle 40✕Ch 40-09✕

N.D.C.C. § 40-09-01 Board of city commissioners - Composition
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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 …
N.D.C.C. § 40-09-02 Governing body is judge of election and qualifications of members
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The board of city commissioners shall be the judge of the election and qualifications of its own members.
N.D.C.C. § 40-09-03 Regulations governing election of commissioners
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The members of the board of city commissioners must be elected at large and not by wards. Each voter may vote for one of the candidates for the office of president of the board of city commissioners and for as many candidates for the office of city commissioner as there are commi…
N.D.C.C. § 40-09-04 Commissioners - Terms - Resignations
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Each commissioner and the president of the board of city commissioners shall hold office for four years commencing on the first day of July of the year in which the officer was elected and until a successor has been duly elected and qualified. The commission shall establish by or…

N.D.C.C. § 40-09-05 President and board of commissioners succeed to powers and duties of mayor and council

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If the city previously was organized under the council form of government, the first president and the other members of the first board of city commissioners elected after a city has incorporated under the city commission system of government are the successors of the mayor and c…

N.D.C.C. § 40-09-06 Style of board - Oath and salary of commissioners

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The commissioners and the president of the board constitute the board of city commissioners and shall take an oath faithfully to perform the duties of their respective offices. The monthly salary of each city commissioner must be fixed by ordinance. The president of a commission …

N.D.C.C. § 40-09-08 President of board as executive officer - Duties - No veto power

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The president of the board of city commissioners shall be the executive officer of the city and shall see that all the laws of the city are enforced. The president shall have the right to vote as a member of the board but shall have no veto power.

N.D.C.C. § 40-09-09 Vice president and acting president of board - Powers to act

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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 abse…

N.D.C.C. § 40-09-10 Filling vacancies in board

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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…

N.D.C.C. § 40-09-11 Meetings of board - Regular and special - Action on departmental matters

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The board of city commissioners shall meet in regular meeting at least once a month and at such additional times as the board, by ordinance, may establish. All regular meetings shall be held at a time and place to be designated by the board. No action of the board shall be effect…

N.D.C.C. § 40-09-12 Departments of administration of city divided among commissioners - Duties

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The board of city commissioners, by a majority vote of all the members thereof, shall designate from among its members: 1. A police and fire commissioner who shall have under that commissioner's special charge the enforcement of all police regulations of the city and the general …

N.D.C.C. § 40-09-13 Accounts - Audited by respective commissioners - Approved by board

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The commissioner who is the head of each department shall audit all accounts against it, but before payment the accounts shall be acted upon and approved by at least three members of the board of city commissioners. Approval by at least three members of the board of city commissi…

N.D.C.C. § 40-09-14 Rules and regulations governing departments and agencies of city made by board

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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.C.C. § 40-09-16 Board may summon and compel attendance of witnesses and books - Punish for contempt - Process

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Whenever it is necessary for the more effective discharge of its duties, the board of city commissioners may summon and compel the attendance of witnesses and the production of books and papers before it. The board may punish for contempt of the board with the same fines and pena…

N.D.C.C. § 40-09-17 Restrictions on members of board

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1. Except as provided in this section, a member of the board of city commissioners may not: 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; and c. Hold a position of remuneration in th…