Title 40 — Municipal Government
85 chapters · 759 sections in this title.
N.D.C.C. § 40-22.1-01 Improvements by special assessments for business promotion
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A municipality may defray the expense of improvements by special assessments for the promotion of business activity and new business development through any means not inconsistent with the purposes of this chapter, including advertising, public information, marketing, maintenance…
N.D.C.C. § 40-22.1-02 Improvement districts to be created
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For an improvement project under section 40-22.1-01 and defraying the costs of the project by special assessments, a municipality may create and alter a business improvement district by ordinance or resolution. The governing body of the municipality shall designate the district b…
N.D.C.C. § 40-22.1-03 Size and form of improvement district - Regulations governing
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Any business improvement district created by a municipality may embrace two or more separate property areas. A business improvement district must include all properties which in the judgment of the governing body, after consultation with the city auditor or city auditor's designe…
N.D.C.C. § 40-22.1-04 Auditor's report required - Contents
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After a business improvement district has been created, the governing body of a municipality, to make any of the improvements set out in section 40-22.1-01 in the manner provided in this chapter, shall direct the city auditor for the municipality or some other person, group, or e…
N.D.C.C. § 40-22.1-05 Approval of plans, specifications, and estimates
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At any time after receiving the report required by section 40-22.1-04, the governing body may direct the city auditor or other person, group, or other entity preparing the report to prepare detailed plans and specifications concerning the improvement. The plans and specifications…
N.D.C.C. § 40-22.1-07 Protest against resolution of necessity - Meeting to hear protest
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If, within thirty days after the first publication of the resolution declaring the necessity of a business improvement project, the owners of any property within the improvement district file written protest with the city auditor against the adoption of the resolution and describ…
N.D.C.C. § 40-22.1-09 Execution and filing of contracts
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All contracts under this chapter must be entered into in the name of the municipality and must be executed for the municipality by the executive officer and countersigned by the auditor. After the contract is signed by the other party, it must be filed in the office of the city a…
N.D.C.C. § 40-22.1-10 Contracts - Conditions and terms
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A contract executed under this chapter must require the work to be done pursuant to the plans and specifications on file in the office of the city auditor, subject to the approval of the city auditor acting for the municipality, and must provide: 1. The governing body may suspend…
N.D.C.C. § 40-22.1-13 Defects and irregularities in improvement proceedings are not fatal
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If the proceedings are for a lawful purpose, unaffected by fraud, and do not violate any constitutional limitation or restriction, defects or irregularities in proceedings under this chapter do not invalidate the proceedings. No action may be commenced or maintained and no defens…