Title 40, Municipal Government
85 chapters · 1,001 sections in this title.
N.D.C.C. § 40-33-01 Electric light, telephone, natural and artificial gas plants, pipelines and distribution systems, and power plants - Municipalities may purchase, erect, construct, maintain, sell, or lease
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Any municipality may purchase, erect, construct, operate, maintain, enlarge, improve and extend, or lease from any person or sell or lease to any person: 1. Any electric light and power plant, site, buildings, and equipment thereof. 2. Any electric distribution system and equipme…
N.D.C.C. § 40-33-02 Acquiring, erecting, or improving plant, system, or line without election prohibited - Exceptions
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No municipal officers may purchase, erect, substantially enlarge, improve, or extend an existing plant, or lease from others any plant, system, or line provided for in section 40-33-01, unless the proposition has been submitted by a resolution of the governing body to the qualifi…
N.D.C.C. § 40-33-03 Sale or lease of plant, system, or line - Offer or written proposition - Election - Proceeds
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No municipality shall sell any municipal plant, system, or line, nor lease the same, or any substantial part thereof, or interest therein, to any person, firm, corporation, or limited liability company unless the person, firm, corporation, or limited liability company shall have …
N.D.C.C. § 40-33-04 Manner of payment of purchase, erection, improvement, or leasing of plant, system, or line
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Any municipality may pay the cost of purchasing, erecting, enlarging, improving, extending, or leasing any municipal plant, system, line, or any part thereof: 1. Out of the earnings of the plant, system, or line; 2. By issuing special assessment warrants as provided in section 40…
N.D.C.C. § 40-33-05 Payment of cost of plant, system, or line by special assessment warrants - Payment of assessments - Interest
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If the governing body of the municipality deems it advisable to pay the whole or any part of the cost of a municipal utility by special assessment warrants, it shall create a special assessment district by ordinance. The district shall include, as nearly as may be determined, all…
N.D.C.C. § 40-33-06 Payment of cost of improvement by general taxation
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Within the debt limit provision of the Constitution of North Dakota, the municipality may pay, at the option of the governing body, any portion of the cost of the improvement by general taxation upon all the taxable property in the municipality. The tax shall be levied at the tim…
N.D.C.C. § 40-33-07 Issuance of bonds - Election required
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No municipality shall issue its bonds as authorized by section 40-33-04 until the question of issuing the bonds shall have been approved by a majority of the electors of the municipality voting upon such question at an election called, held, and conducted as specified in section …
N.D.C.C. § 40-33-08 Questions and propositions may be voted upon at same election and may be contained on one ballot
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Any or all of the propositions and questions to be voted upon as specified in sections 40-33-02 and 40-33-07 may be submitted at one and the same election and upon one ballot, but the ballot shall state each of the propositions separately.
N.D.C.C. § 40-33-09 Extension of municipal lighting, heating, or power system, or gas works by special assessment method
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An extension to an existing municipal lighting, heating, or power system or gas works shall be considered an improvement within the provisions of this chapter.
N.D.C.C. § 40-33-10 Municipal utilities fund - Contents - Kept separate from other funds - Use and disbursement
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All money received by a municipality for the service of any utility owned and operated by the municipality, and all money, receipts, and returns received from any investments of the earnings of such utilities, shall be paid into the treasury of the municipality and kept in a fund…
N.D.C.C. § 40-33-11 Payments out of municipal utilities fund - Limitations
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Upon proper orders or warrants issued upon the authority of the governing body of the municipality, there shall be paid out of the municipal utilities fund all sums necessary for the operation, maintenance, enlargement, repair, alteration, improvement, and extension of the plant …
N.D.C.C. § 40-33-12 Surplus in municipal utilities fund - How expended
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When the governing body of the municipality determines that there is a cash surplus in the municipal utilities fund over and above any amount necessary to provide adequately for the operation, maintenance, repair, enlargement, alteration, improvement, and extension of the plant o…
N.D.C.C. § 40-33-13 Municipality may sell surplus electricity or water outside of municipal limits
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Whenever the governing body shall deem it advisable, a municipality owning and operating its own electric lighting system or waterworks may enter into contracts with persons, corporations, or limited liability companies maintaining manufacturing plants, residences, or other build…
N.D.C.C. § 40-33-14 Contract to supply surplus water or electricity outside of municipal limits
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If the governing body decides to furnish electricity or water outside the municipal limits, it shall be done by a contract authorized by the governing body and executed on its part by the executive officer and the city auditor and by the customer or customers to be supplied. No s…
N.D.C.C. § 40-33-15 Proceedings instituted under existing law - How completed
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Any proceedings instituted under the law as it was at the time of the purchase, erection, operation, maintenance, enlargement, improvement, or extension of a municipal utility or the lease thereof from any person, firm, corporation, or limited liability company or the sale or lea…
N.D.C.C. § 40-33-16 Municipality may purchase water for distribution
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1. Any city owning a system for the distribution of water for fire protection and other public purposes and for selling water to its inhabitants and industries, but for which the water supply is unsuitable or inadequate, may contract to purchase water at wholesale for those purpo…
N.D.C.C. § 40-33-17 City may contract for water treatment plant
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Any city owning and operating a system of waterworks supplying water for municipal purposes and to its inhabitants and industries may enter into a contract in the manner hereinafter set forth, with any person, firm, public or private corporation, or limited liability company able…
N.D.C.C. § 40-33-18 Resolution authorizing contract - Payment solely through net revenue - Issuance of revenue bonds or of certificates evidencing indebtedness under contract
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Any such contract shall be authorized by resolution or resolutions duly adopted by the governing body of the city. Such resolutions and contract shall provide that the cost of the plant shall be paid solely out of the net revenue thereof, to be derived from special rates and char…
N.D.C.C. § 40-33-19 Agreements authorized - Special rates and charges
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In and by such resolutions and contract the city may bind itself to establish and maintain special rates and charges for the service of said plant, over and above its regular water rates, sufficient to produce net revenues adequate to make all payments of principal and interest o…
N.D.C.C. § 40-33-20 Indebtedness not general obligation of municipality - Conditional sales authorized
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No indebtedness on the general credit of the municipality shall be deemed to be incurred by reason of any covenant or agreement contained in said contract or in the resolutions of the city with reference thereto. No revenues received from taxes or any other source, other than the…
N.D.C.C. § 40-33-21 Powers conferred are supplementary
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The powers conferred by sections 40-33-17 through 40-33-21 shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by sections 40-33-17 through 40-33-21 shall not affect the powers conferred by any other law, and no other law shall be de…
N.D.C.C. § 40-33-22 Joint construction and operation of gas transmission or distribution systems or plants
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In accordance with the provisions of this chapter, any municipality within this state may join with other municipalities for the purpose of jointly constructing, acquiring, or operating natural or artificial gas transmission lines, distribution systems, and plants upon such contr…
N.D.C.C. § 40-33-23 Sale of gas outside municipalities
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Any jointly operated utility as provided in section 40-33-22 shall be authorized to sell and dispose of gas outside the limits of incorporated municipalities in such manner and upon such terms and conditions as may be prescribed by the public service commission.
N.D.C.C. § 40-33-24 Funds of jointly operated utilities
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All funds of any jointly operated utility as provided in section 40-33-22 shall not be subject to the provisions of sections 40-33-10 and 40-33-11, but shall be kept separate and apart from all other funds of any participating municipality and shall be disbursed in the manner pro…
N.D.C.C. § 40-33-25 Surplus funds of jointly operated utility
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Any surplus funds of any jointly operated utility, as provided for in section 40-33-22, shall be distributed to the participating municipalities ratably in proportion to their interest or ownership therein. Such surplus funds received by any municipality shall be disposed of by t…
N.D.C.C. § 40-33-26 Municipal transportation system - Resolution
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Whenever the governing body of any municipality shall determine that the public convenience and necessity of the municipality require the purchase, acquisition, or establishment of a public transportation system, it may, by resolution adopted by the affirmative vote of a majority…
N.D.C.C. § 40-33-27 Municipal transportation system - Bonds
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Upon the passage of a resolution as set forth in section 40-33-26, the municipality shall proceed in the manner set forth in chapter 21-03 for the issuance of the amount of general obligation bonds provided in said resolution, and if and when the issuance of general obligation bo…
N.D.C.C. § 40-33-28 Municipal transportation system - Bond limitations
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All general obligation bonds issued pursuant to sections 40-33-26 through 40-33-29 shall be subject to all the restrictions, qualifications, and limitations of chapter 21-03, as well as all constitutional limitations upon indebtedness, and all revenue bonds issued pursuant to sec…
N.D.C.C. § 40-33-29 Municipal transportation system - Application - Intent
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The provisions of sections 40-33-26 through 40-33-29 shall not apply to any case in which a municipality determines that the acquisition of a public transportation system should be financed through general obligation bonds only, or through revenue bonds only, it being the intenti…
N.D.C.C. § 40-33-30 Right of municipal electric utilities and municipal power agencies to construct, own, and maintain electric transmission lines
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1. For purposes of this section, the terms electric transmission provider, electric transmission line, and electric public utility, have the same meanings as in section 49-03-01.5. Municipal power agency has the meaning provided in section 40-33.2-02 and also includes a municipal…