Title 40 — Municipal Government

The term of each elective officer in a city operating under the commission system of government commences on the first day of July of the year in which the officer is elected. 40-15-04. Extension of terms of officers in commission cities elected to terms expiring in 1943 and 1945…

At the first meeting after the qualification of its members, or as soon thereafter as possible, the board of city commissioners shall appoint the following officers: 1. A treasurer; 2. An auditor; 3. An attorney; 4. One or more assessors; 5. A city health officer who shall be a p…

The terms of all appointive officers of a city operating under the commission system of government commences on the first day of July succeeding their appointment unless otherwise provided by ordinance, and the officers shall hold their respective offices for the term provided by…

Each city auditor of each city shall keep the city auditor's office at the meeting place of the governing body or at such place as designated by the governing body. The city auditor's salary shall be fixed by the city governing body and the city auditor shall receive no fees or p…

The city auditor, with the consent and approval of the governing body of the city, may appoint a deputy and file such appointment in the city auditor's office. The deputy, if one is appointed, shall aid in the performance of the duties of the office under the auditor's direction …

It shall be the duty of each city auditor: 1. Meetings. To attend all meetings of the governing body and keep a complete record of its proceedings. The official proceedings are to be signed by the auditor when they are prepared and by the executive officer upon board approval at …

The city auditor of each city shall prepare and submit to the governing body of the city reports as follows: 1. Monthly financial statement. A monthly financial statement shall be prepared showing the revenues, expenditures, transfers, and fund balances. 2. Annual financial state…

Within sixty days after the close of each fiscal year, the auditor of each city shall make and cause to be published in the official city newspaper a financial statement of the city showing the receipts and disbursements on account of each fund during the last preceding year.

All claims and demands against a city, whether founded on contract or otherwise, and to be paid from any fund, including a municipal utilities fund, shall be filed with the city auditor. The city auditor shall examine each claim filed and determine whether or not it is properly i…

A city auditor may administer oaths and affirmations to witness and take testimony in connection with any of the duties imposed upon the city auditor by the laws of this state.

The city auditor in a city operating under the commission system of government shall be ex officio secretary of the board of public works and shall perform the duties of a member of such board. 40-16-09. Copies of books, records, and transcripts of records of city auditor as evid…

Repealed by S.L. 1981, ch. 276, § 3. 40-16-11. Funds - Controlled by governing body - Exceptions - Disbursement on order. All funds in the city treasury, except school funds, funds created and set apart for the payment of interest and principal of the debt of the city, and funds …

The city auditor shall pay out funds appropriated for special purposes only for the purposes for which they were appropriated even though the governing body directs to the contrary.

The governing body, at a regular meeting, may cancel and destroy all warrants drawn on any fund of the city which have remained on file for a period of one year or more next preceding the regular meeting at which the cancellation takes place. The governing body may cancel and des…

The city auditor shall keep the city's money separate from other moneys, and shall not, either directly or indirectly, use the city's money, warrants, or other obligations in the auditor's custody and keep it for the auditor's own use and benefit or for that of any other person o…

The city auditor shall assume all functions and duties of the city treasurer when indicated in other chapters of the code.

The city council or city commission may delegate any functions and duties of the city auditor to an officer appointed under section 40-14-04 or 40-15-05.

The city assessor within the city shall perform all the duties necessary in assessing the property within the city for the purpose of levying the municipal, county, school, and state taxes. Such assessors shall be governed by and shall make assessments and returns as is provided …

Repealed by S.L. 1983, ch. 598, § 25.

When the assessment is completed, and on or before the first day of April in each year, the city assessor shall return the assessment roll to the city auditor. The assessment roll shall be open to the inspection of the public until the meeting of the board of equalization of the …

Repealed by S.L. 1967, ch. 323, § 285.

The city attorney shall: 1. Conduct all law business in which the city or any of its departments is interested. 2. Furnish written opinions, when requested, upon all questions submitted to the city attorney by the governing body or any of the departments of the city. 3. Draft all…

With the consent and approval of the governing body of the city, the city attorney may appoint assistants to do any or all of the acts which the city attorney is required to do under this chapter, but the city attorney shall be responsible to the city for the acts of such assista…

In cities having no street commissioner, the city engineer shall perform the duties and have the authority of street commissioner, and in cities having no street commissioner or city engineer, the chief of police shall perform the duties and have the authority of street commissio…

1. The chief of police shall perform duties prescribed by the governing body for the preservation of the peace. The chief of police may administer oaths to police officers under the chief's supervision. Within the city limits, and for a distance of one and one-half miles [2.41 ki…

No chief of police or policeman shall receive any fee for going outside of the city to make an arrest for violation of a state law unless the board of county commissioners is satisfied that a delay in obtaining the sheriff or a sheriff's deputy to make the arrest would have permi…

Any municipality of this state which employs full-time police officers shall furnish each such police officer with a summer-weight and a winter-weight uniform. The uniforms must be blue in color.

Every resident of a municipality who is qualified to vote therein at general elections may vote at all municipal elections held therein. When elections are held by wards or precincts, a person may not vote in any place other than the ward or precinct of which the person is a resi…

The governing body of any city at the time of calling any general or special municipal election, or prior to the time of registration for said election, if such registration is required by law, when officers of said city are not to be elected by wards or districts, may by resolut…

Repealed by S.L. 1967, ch. 323, § 285.

Each inspector, judge, or clerk of any regular or special municipal election shall receive compensation as determined for election officials in section 16.1-05-05. The amounts determined to be due election officials at municipal elections shall be paid from the funds of the munic…

The auditor of the city shall place only the names of the persons nominated upon the ballot. The auditor shall arrange the offices upon the ballot in the order in which they are named in the statutes. The auditor shall determine the arrangement of the names of the candidates upon…

Repealed by S.L. 2025, ch. 200, § 20. 40-21-11. Clerks appointed to fill vacancies - Oath, powers, and duties of judges and clerks of municipal elections. When necessary, the judges of election at a municipal election shall appoint clerks to fill vacancies. The judges and clerks …

The city auditor, within five days after the result of an election is declared or the appointment of an officer is made within the municipality, shall notify each person elected or appointed to municipal office of that person's election or appointment. Within the same period of t…

If there is a failure to elect an officer required to be elected, the governing body of the municipality may order a new election.

Special municipal elections to fill vacancies or for any other purpose must be held and conducted by the inspectors and judges of election of the several polling places in the same manner and the returns must be made in the same form and manner as at regular municipal elections.

For any city election not held in conjunction with a county election, the city canvassing board must be composed of the city auditor, city attorney, mayor or commission president, and two members of the city commission or council, or appointed replacements for any of these offici…

Repealed by S.L. 1975, ch. 575, § 2. 40-22-05. Condemnation of land and rights of way for special improvements - Taking of possession - Trial - Appeal - Vacation of judgment. Whenever property required to make any improvement authorized by this chapter is to be taken by condemnat…

For the purpose of making an improvement project of one of the types specified in section 40-22-01 and defraying the cost thereof by special assessments, a municipality may create water districts, sewer districts, water and sewer districts, street improvement districts, boulevard…

Any improvement district created by a municipality may embrace two or more separate property areas. Each improvement district shall be of such size and form as to include all properties which in the judgment of the governing body, after consultation with the engineer planning the…

1. After a special improvement district has been created, the governing body of a municipality, if the governing body deems it necessary to make any of the improvements set out in section 40-22-01 in the manner provided in this chapter, shall direct the engineer for the municipal…

The plans, specifications, and estimates shall be the property of the municipality and shall be filed in the office of the city auditor and shall remain on file in the city auditor's office subject to inspection by any interested person. 40-22-15. Resolution declaring improvement…

If, within thirty days after the first publication of the resolution declaring the necessity of an improvement project of the type specified in any one of the subsections of section 40-22-01, the owners of any property within the improvement district file written protests describ…

Proposals for the work of making improvements provided for in this chapter must be advertised for by the governing body in the official newspaper of the municipality once each week for two consecutive weeks. All other provisions for proposals under this chapter are governed by ch…

Repealed by S.L. 1971, ch. 403, § 2.

Repealed by S.L. 1995, ch. 443, § 29.

Repealed by S.L. 1995, ch. 443, § 29.

Repealed by S.L. 1995, ch. 443, § 29. 40-22-25. Opening of bids - Bids to be entered on minutes - Final action on bids to be deferred. Repealed by S.L. 1995, ch. 443, § 29.

If the governing body has called for bids on more than one kind of pavement, after the opening of the bids in connection with an improvement consisting of paving or repaving and before the meeting of the governing body to consider the same, the owners of a majority of the propert…

If the contemplated improvement consists of paving or repaving, the governing body, after it has opened and considered the bids, shall determine by resolution the kind or kinds of pavement to be laid, and thereafter may proceed to award the necessary contract or contracts. 40-22-…