Title 61 — Waters
57 chapters · 825 sections in this title.
N.D.C.C. § 61-39-01 Findings and declaration of policy
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The legislative assembly declares many areas and localities in eastern and central North Dakota do not enjoy adequate quantities of high-quality drinking water; other areas and localities in eastern and central North Dakota do not have sufficient quantities of water to ensure a d…
N.D.C.C. § 61-39-02 Lake Agassiz water authority created
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The Lake Agassiz water authority consists of cities, water districts, and other water distribution systems located in that part of the state which is included within the boundaries of Cavalier, Pembina, Walsh, Nelson, Grand Forks, Griggs, Steele, Traill, Barnes, Cass, Ransom, Sar…
N.D.C.C. § 61-39-03 Lake Agassiz water authority - Board of directors
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1. The authority must be governed by a board of directors selected as follows: a. One member from a city with a population greater than forty thousand located east of state highway 1 and north of state highway 200. b. Two members from differing cities with a population greater th…
N.D.C.C. § 61-39-04 Board of directors - Officers - Meetings
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The board of directors may adopt such rules and bylaws for the conduct of the business affairs of the authority as it determines necessary, including the time and place of regular meetings of the board and a dues structure for membership in the authority. The bylaws may include w…
N.D.C.C. § 61-39-04.1 State project authorized
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The authority and the Garrison Diversion Conservancy District shall continue studying, planning, developing, and constructing a nonfederal project to meet the water supply needs of eastern and central North Dakota separate and apart from the federal Red River valley water supply …
N.D.C.C. § 61-39-05 Authority of the Lake Agassiz water authority
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The board of directors of the Lake Agassiz water authority may: 1. Sue and be sued in the name of the authority. 2. Exercise the power of eminent domain in the manner provided by title 32 for the purpose of acquiring and securing any rights, titles, interests, estates, or easemen…
N.D.C.C. § 61-39-06 Resolution authorizing the issuance of revenue bonds
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The issuance of revenue bonds or refunding bonds must be authorized by a resolution of the board adopted after appropriate notice by the affirmative vote of a majority of the board. Unless otherwise provided in the resolution, the resolution under this section takes effect immedi…
N.D.C.C. § 61-39-07 Provisions governing bonds
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The resolution authorizing the issuance of revenue bonds or refunding bonds under this chapter or resolutions adopted after the adoption of the original resolution must prescribe: 1. The rate or rates of interest, or if an interest rate is variable, the method for calculating the…
N.D.C.C. § 61-39-08 Sale of bonds - When private sale authorized - Public sale and notice
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Revenue bonds or refunding bonds may be sold at public or private sale on such terms as the board deems appropriate.
N.D.C.C. § 61-39-09 Notes issued pending preparation of bonds - Negotiability
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Pending the issuance of bonds, bond anticipation notes may be issued and sold in the form and with the provisions determined by the board.
N.D.C.C. § 61-39-10 Validity of notes and bonds
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Bond anticipation notes, revenue bonds, or refunding bonds bearing the manual or facsimile signatures of the appropriate officers who are in office on the date of signing are valid and binding obligations notwithstanding that before the delivery and payment any or all of the pers…
N.D.C.C. § 61-39-11 Notes and bonds exempt from taxation
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Notwithstanding any restriction contained in any other law, the state and all public officers, boards, and agencies, and political subdivisions and agencies thereof, including the public finance authority; all national banking associations; state banks; trust companies; savings b…
N.D.C.C. § 61-39-13 Liability of authority for notes and bonds - Taxing power prohibited
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Bond anticipation notes, revenue bonds, and refunding bonds issued under this chapter may not be payable from or charged upon any funds other than the revenue pledged to their payment and the authority's notes and bonds may not be subject to any pecuniary liability. The holder of…
N.D.C.C. § 61-39-14 Duties of authority and officers relative to the issuance of bonds
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To adequately secure the payment of bonds and interest on the bonds, the authority and its officers, agents, and employees shall: 1. Pay or cause to be paid punctually the principal and interest of every bond on the dates, at the places, in the manner, and out of the funds provid…
N.D.C.C. § 61-39-15 Remedies of bondholders in general
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Subject to any contractual limitations binding upon the holders of any issue of bonds, or a trustee for the holders, including the restriction of the exercise of any remedy to a specified proportion or percentage of the holders, any holder of bonds or trustee, for the equal benef…
N.D.C.C. § 61-39-16 Project - Definition
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As used in this chapter, unless the context otherwise requires, the term "project" means either a system, plant, works, instrumentality, or property used to provide water supply in connection with the state or federal Red River valley water supply project, or a contract for the p…