Title 40, Municipal Government
85 chapters · 1,001 sections in this title.
N.D.C.C. § 40-34-01 Disposal of garbage or sewage in municipalities - Acquiring land
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Any municipality in this state, either individually or jointly by agreement, may own, acquire, construct, equip, extend, and improve, operate, and maintain, either within or without the corporate limits of the municipality, intercepting sewers, including pumping stations, a plant…
N.D.C.C. § 40-34-01.1 Municipalities to maintain sanitary conditions on certain roads - Exception
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It shall be the duty of any incorporated city to maintain in a sanitary condition the road or highway leading to the grounds maintained by said municipality for the disposal of garbage collected in said municipality. Such road shall be kept free from refuse or garbage resulting f…
N.D.C.C. § 40-34-02 Methods of defraying cost of sewage or garbage disposal improvements or lease
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The total cost of a sewage or garbage disposal system, or any portion thereof, may be defrayed by the following alternative methods: 1. Out of the general current tax revenues on hand and appropriated for that purpose. 2. Out of the proceeds of the sale of general liability bonds…
N.D.C.C. § 40-34-03 Mortgages and mortgage bonds - Issuance over debt limit - Not general obligations - Vote required to issue - Conditions
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Municipalities may issue mortgage bonds beyond the general limits of the bonded indebtedness prescribed by law for the purpose of defraying the cost, or a part thereof, of a sewage disposal plant and system or of a garbage disposal plant in accordance with the provisions of secti…
N.D.C.C. § 40-34-04 Bonds may be issued by municipality - Term of bonds - Determining conditions
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Any municipality through its governing body, or any municipalities jointly through their governing bodies, may issue and sell the necessary bonds for the construction and installation of any improvement described in this chapter, including the disposal plant and such intercepting…
N.D.C.C. § 40-34-05 Supervision and control of plant - Rules and regulations governing - Charges for use of plant - Failure to pay - Collection
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The governing body of any municipality, or the respective governing bodies of municipalities which may have agreed to own and operate intercepting sewers or sewage disposal plants or garbage disposal plants jointly, may designate certain officials of the municipality or municipal…
N.D.C.C. § 40-34-06 Sinking fund for payment of interest and principal
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If a service rate is charged to the users of an improvement made under this chapter, a sufficient portion of the moneys collected for such service shall be set aside as a sinking fund for the payment of the interest on the bonds and the principal thereof at maturity, and shall co…
N.D.C.C. § 40-34-07 First mortgage bonds are negotiable
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All first mortgage bonds issued under the provisions of this chapter may be negotiated in the same manner and with the same legal effect as negotiable instruments under title 41.
N.D.C.C. § 40-34-08 Tax levy to pay deficiency when bonds become due
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If the last maturing bonds secured by a first mortgage or deed of trust on an improvement, as provided in this chapter, are not paid when they become due, and if a deficiency remains, the governing body of the municipality, or the respective governing bodies of the municipalities…
N.D.C.C. § 40-34-09 Action maintained on failure to pay principal or interest of bonds - Court receiver - Sale of property - Redemption - Sheriff's deed
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If a default occurs in the payment of the principal or interest of any bonds secured by a mortgage or deed of trust on the improvement and such default continues for a period of not less than six months, an action may be commenced in the district court of the county in which such…
N.D.C.C. § 40-34-10 Franchise granted to holder of sheriff's deed to operate property - Contents of franchise
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If after the issuance of a sheriff's deed as provided in section 40-34-09, it shall be made to appear to the public service commission that it is in the public interest that such utility and improvement be continued in operation, such commission may grant a franchise to the owner…
N.D.C.C. § 40-34-11 Revesting title and ownership of improvement or utility in municipality
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When, after notice to the interested parties and due hearing thereon, the public service commission shall determine that the owner or owners of the utility or improvement have been paid in full out of the net revenues arising from the operation thereof, the commission shall issue…
N.D.C.C. § 40-34-12 Appeal from decision of public service commission in revesting title - Conditions
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Any party in interest feeling aggrieved by the determination of the public service commission revesting the title to and ownership of the utility or improvement in the municipality or municipalities may appeal, within sixty days after the date of the issuance of such certificate …
N.D.C.C. § 40-34-13 Residue of money remaining after payment of bonds - Disposal
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After the principal and interest on the bonds secured by a first mortgage or deed of trust on an improvement as provided in this chapter have been fully paid, as the governing body of the municipality or the respective governing bodies of the municipalities may direct by resoluti…
N.D.C.C. § 40-34-14 Payment of bonds by taxation - Limitations
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Municipalities issuing bonds under this chapter, the principal or interest of which are not to be paid out of funds created from service charges as provided in this chapter, may raise such sum annually by taxation as the governing body or the respective governing bodies may deem …
N.D.C.C. § 40-34-15 Agreements between municipalities within and without state - Acquiring property - Erecting dams - Use of waters - Eminent domain
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If it is deemed expedient for the safety and health of the people, municipalities of this state may enter into agreements with each other, or jointly or severally with governmental agencies or municipalities outside the state, to erect and maintain intercepting sewers and sewage …
N.D.C.C. § 40-34-16 Contractual relationship between municipalities - Approval - Operating as an independent enterprise
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Whenever governmental agencies or municipalities desire to act under the provisions of this chapter, the relationship established between them shall be fixed by contract. Such contracts may be made by governmental agencies and municipalities under the provisions of this chapter i…
N.D.C.C. § 40-34-17 Municipality which authorized bond issue prior to March 3, 1933, may finance under this chapter
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Any municipality, which has obtained authority prior to March 3, 1933, to issue and sell bonds for the construction and installation of any of the improvements mentioned in this chapter may defray the cost of such improvements entirely out of the proceeds of the sale of such bond…
N.D.C.C. § 40-34-18 Power granted by chapter considered an addition
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The power given to municipalities in this chapter shall be in addition to and not in derogation of any power existing in any municipality under any provision of the laws of this state.
N.D.C.C. § 40-34-19 Agreements between municipalities and with the state or private parties - Leasing property
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Notwithstanding any other law, any municipality of the state, either individually or jointly by agreement, may enter agreements to lease to the state, or any agency or institution of the state, or to any person for such compensation and upon such terms and conditions as the parti…