Title 40 — Municipal Government
85 chapters · 759 sections in this title.
N.D.C.C. § 40-53.1-01 Dissolution - Petition - Notice of election
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1. If qualified electors of a city equal in number to one-fourth of the number of qualified electors voting at the last regular city election petition the board of county commissioners of the county wherein the city is situated to dissolve the city, the board of county commission…
N.D.C.C. § 40-53.1-02 Dissolution - Ballots
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The form of the ballot shall be: For the dissolution of _______________________________ (insert name of city) ☐. Against the dissolution of ___________________________ (insert name of city) ☐.
N.D.C.C. § 40-53.1-03 Dissolution - Conduct of election
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The election shall be conducted in the same manner as a regular city election except that all election officials shall be appointed by the board of county commissioners. The election returns shall be made to the board of county commissioners and canvassed in the same manner as ar…
N.D.C.C. § 40-53.1-04 Dissolution - Vote required - Effect on debts and contracts
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If a majority of the votes cast on the question are in favor of dissolution, the county commissioners shall, by motion and proclamation, set a date upon which dissolution will become effective and the city shall be dissolved, provided provision has been made for payment of its cu…
N.D.C.C. § 40-53.1-05 Disposition of records after dissolution - Pending business
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All public records of the dissolved city shall be deposited with the county auditor.
N.D.C.C. § 40-53.1-06 Notice of dissolution - Publication
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Whenever a city is dissolved, the county auditor shall publish a notice once a week for four consecutive weeks that the city is dissolved. A certified copy of the notice shall be sent to the secretary of state.
N.D.C.C. § 40-53.1-07 Dissolution - Care of property - Manager - Disposition of funds
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If a city is dissolved, the board of county commissioners shall assume control of all property belonging to the dissolved city, except for streets and alleys if an organized township chooses to maintain or vacate streets or alleys in the dissolved city under section 58-03-21. The…
N.D.C.C. § 40-53.1-08 Income from property of a dissolved municipality
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Money received from the operation of property of a dissolved city shall be used in the following priority: 1. To pay employees engaged in the operation, maintenance, and protection of the property. 2. To pay the interest on the bonded indebtedness of the municipality. 3. To purch…
N.D.C.C. § 40-53.1-10 Dissolution by district court - Application
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Any city not subject to dissolution under existing laws may be dissolved by the district court upon presentation of an application by the state's attorney of the county. The application shall contain: 1. The name of the city. 2. The date of incorporation. 3. Boundaries. 4. Origin…
N.D.C.C. § 40-53.1-11 Filing application - Order
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If the court is satisfied the petition contains the required information, it shall order the petition be filed, and the clerk of the district court shall give notice thereof by publication once each week for four consecutive weeks.
N.D.C.C. § 40-53.1-12 Objections
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Any time during the period of publication and within a period of thirty days after the last publication, any person may file objections to the application.
N.D.C.C. § 40-53.1-13 Hearing on application - Order of dissolution
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After the period of publication, but not less than thirty days thereafter, the court, upon five days' notice to any person who has filed objections to the application, or without further notice if no objections have been filed, shall hear and determine the application. If the cou…
N.D.C.C. § 40-53.1-14 Judgment roll - Right of appeal
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The petition, notice and proof of service thereof, objections, orders of the court, and the judgment shall constitute the judgment roll, and an appeal may be taken from the judgment in the same manner as in a civil action.