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North Dakota Statutes, Title 40

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Title 40, Municipal Government

85 chapters · 1,001 sections in this title.

All chapters in Title 401,001 Ch 40-48, Municipal Master Plans and Planning …39 Ch 40-22, Improvements by Special Assessment M…33 Ch 40-33, Municipal Utilities30 Ch 40-46, Employees' Pensions in Cities28 Ch 40-08, Governing Body and Executive Officer…27 Ch 40-23, Assessment of Benefits27 Ch 40-45, Police Pensions in Cities27 Ch 40-01, General Provisions26 Ch 40-05, Powers of Municipalities26 Ch 40-18.1, Municipal Courts26 Ch 40-49, Parks and Park Districts25 Ch 40-24, Special Assessment Funds and Disburs…23 Ch 40-58, Urban Renewal Law21 Ch 40-34, Sewage and Garbage Disposal20

20 sections·Filtered byTitle 40✕Ch 40-61✕

N.D.C.C. § 40-61-01 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. "Bonds" means the bonds authorized in this chapter. 4. "City" means any ci…
N.D.C.C. § 40-61-02 Municipal parking authorities
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Any city may create a board to be known as a municipal parking 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 chairman and f…
N.D.C.C. § 40-61-03 Purpose and powers of an authority
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The purpose of an authority shall be to construct, operate, and maintain one or more projects in the city and to promote and acquire municipal parking facilities in accordance with the provisions of this chapter and to promote municipal development by making space above, below, o…
N.D.C.C. § 40-61-03.1 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. Issuing bonds of an authority as authorized by section 40-61-08. 2. Issuing notes of an authority as authorized by section 40-61-09. 3. In cooperation with cities whereby…

N.D.C.C. § 40-61-04 Officers and employees

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Municipal parking 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 a municipal parking authority shall have the same position …

N.D.C.C. § 40-61-05 Conveyance of property by a city to an authority - Acquisition of property by a city or by an authority

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1. A city may, by resolution or resolutions of the governing body or by instruments authorized by such resolutions, convey, with or without consideration, to an authority real and personal property owned by the city for use by an authority as a project or projects or a part there…

N.D.C.C. § 40-61-06 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. § 40-61-07 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. § 40-61-08 Bonds of an authority

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1. An authority may from time to time issue its negotiable bonds for any purpose mentioned in section 40-61-03, including the acquisition, construction, reconstruction, and repair of personal and real property of all kinds deemed by the board to be necessary or desirable to carry…

N.D.C.C. § 40-61-09 Notes of an authority

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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 or purposes for which bonds may be issued, whenever an…

N.D.C.C. § 40-61-10 Debt guarantee

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Prior to the issuance of any bonds authorized by this chapter, except revenue bonds authorized in subsection 8 of section 40-61-08, the authority shall require that the payment of not less than ten percent of the principal and interest of the bonds issued for any project be guara…

N.D.C.C. § 40-61-11 Agreement of a city

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1. Cities may pledge to and agree with the holders of the bonds 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. § 40-61-12 State and city not liable on bonds - Exceptions as to cities

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The bonds and other obligations of an authority shall not be a debt of the state of North Dakota and the state shall not be liable thereon. The bonds and other 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…

N.D.C.C. § 40-61-13 Bonds legal investments for public officers

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Except as otherwise provided in the Constitution of North Dakota, the bonds are hereby made securities in which all public officers and bodies of this state and all municipalities and municipal subdivisions, all banks, bankers, trust companies, savings banks, savings associations…

N.D.C.C. § 40-61-14 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. § 40-61-15 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 bonds or notes issued by an authority pursuant to this chapter, in consideration of the acceptance of and payment for the bonds or notes, that the bonds and notes of an auth…

N.D.C.C. § 40-61-16 Remedies of bondholders

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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 bonds 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. § 40-61-17 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…

N.D.C.C. § 40-61-18.1 Termination of an authority by governing body

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A majority vote of the governing body of any city shall terminate an existing authority, and all rights, titles, and interest, and all obligations and liabilities thereof shall be vested in or possessed by the city which created the authority.

N.D.C.C. § 40-61-19 Inconsistent provisions in other acts superseded

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Insofar as the provisions of this chapter are inconsistent with the provisions of any other act, general or special, or of any local law of a city, the provisions of this title shall be controlling.