Title 40 — Municipal Government
85 chapters · 759 sections in this title.
N.D.C.C. § 40-33.1-01 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 1. "Authority" means any corporation created under the authority of this chapter. 2. "Board" means the members of the authority. 3. "City" means any city with a municipal steam heating authority. 4. "Projec…
N.D.C.C. § 40-33.1-02 Municipal steam heating authorities
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Any city may create a board to be known as a "municipal steam heating authority". Such board shall be a body corporate, constituting a public benefit corporation, and its existence shall commence upon the appointment of the members as herein provided. It shall consist of a chairm…
N.D.C.C. § 40-33.1-03 Purpose and powers of an authority
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The purpose of an authority shall be to construct, operate, acquire, or maintain one or more projects in the city and to promote and acquire municipal steam heating facilities in accordance with the provisions of this chapter. To carry out such purpose, an authority shall have po…
N.D.C.C. § 40-33.1-04 Financing projects and facilities
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An authority may provide funds for its purposes by using the following methods or any combination thereof: 1. Charging a fee for the sale or use of steam produced by the authority. 2. Issuing notes of an authority as authorized by this chapter. 3. In cooperation with cities where…
N.D.C.C. § 40-33.1-05 Officers and employees
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Municipal steam heating authorities shall not be subject to civil service or merit system laws, veterans' preference laws, or other laws, ordinances, and regulations pertaining to the status of municipal employees. Employees of an authority shall have the same position as employe…
N.D.C.C. § 40-33.1-07 Construction contracts
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An authority shall let contracts for construction in the same manner, so far as practicable, as is provided by law for contracts of cities except that if the estimated expense of a contract does not exceed five hundred dollars, such contract may be entered into without public let…
N.D.C.C. § 40-33.1-08 Moneys of the authority
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All moneys of an authority shall be paid to the city auditor as agent of the authority, who shall not commingle such moneys with any other moneys. Such moneys shall be deposited in a separate bank account or accounts. The moneys in such accounts shall be paid out by the auditor o…
N.D.C.C. § 40-33.1-09 Notes of an authority
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1. An authority shall have power from time to time to issue notes and from time to time to issue renewal notes, herein referred to as notes, maturing not later than five years from their respective original dates for any purpose mentioned in section 40-33.1-03, including the acqu…
N.D.C.C. § 40-33.1-10 Agreement of a city
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1. Cities may pledge to and agree with the holders of the notes that the city will not limit or alter the rights hereby vested in the authority to acquire, construct, maintain, reconstruct, and operate the project or projects, to establish and collect rentals, fees, and other cha…
N.D.C.C. § 40-33.1-11 State and city not liable on notes - Exceptions as to cities
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The obligations of an authority shall not be a debt of the state of North Dakota and the state shall not be liable thereon. The obligations of an authority shall not be a debt of a city and a city shall not be liable thereon unless a city agrees to assist in financing projects an…
N.D.C.C. § 40-33.1-12 Tax exemptions
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1. It is hereby determined that the creation of an authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the city which has authorized it and its environs, and is a public purpose, and an authority shall be regarded as perfor…
N.D.C.C. § 40-33.1-13 Tax contract by the state
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The state of North Dakota covenants with the purchasers and with all subsequent holders and transferees of notes issued by an authority pursuant to this chapter, in consideration of the acceptance of and payment for the notes, that the notes of an authority issued pursuant to thi…
N.D.C.C. § 40-33.1-14 Remedies of noteholders
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1. In the event that an authority shall default in the payment of principal of or interest on any issue of the notes after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that…
N.D.C.C. § 40-33.1-16 Actions against an authority
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In every action against an authority for damages, for injuries to real or personal property, or for the destruction thereof, or for personal injuries or death, the complaint shall contain an allegation that at least thirty days have elapsed since the demand, claim, or claims upon…