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North Dakota Statutes, Title 40

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North Dakota/Statutes

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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

1,001 sections·Filtered byTitle 40✕

N.D.C.C. § 40-29-05 Assessment of expense
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The expense of constructing, repairing, or rebuilding sidewalks must be assessed against the lots or parcels of land benefited by the sidewalk by the city engineer, or by the street commissioner in cities having no city engineer, who shall return the assessment and file it in the…
N.D.C.C. § 40-29-07 Bids for sidewalks
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Bids for the construction of sidewalks in a city must be made in accordance with chapter 48-01.2.
N.D.C.C. § 40-29-09 City auditor to deliver assessment rolls to county auditor - Extension - Collection
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The city auditor shall deliver to the county auditor a duplicate of all assessment rolls containing assessments made under the provisions of this chapter, and the county auditor shall extend the assessments in the proper column against the property assessed. Each assessment shall…
N.D.C.C. § 40-29-10 Review of assessments - Assessment book
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The city auditor shall keep in the city auditor's office a book called "sidewalk assessment book" and shall enter therein the cost certified by the street commissioner or the governing body as an assessment against the lots or parcels of land benefited by a sidewalk constructed, …

Showing 351–400 of 1,001

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N.D.C.C. § 40-29-11 Payment of assessments - Interest

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All assessments for sidewalks must be payable in equal annual amounts extending over a period not exceeding twenty years and must bear interest at an annual rate of not more than two percentage points above the average net annual interest rate on warrants for the total amount of …

N.D.C.C. § 40-29-13 Sidewalks repaired or constructed in municipalities not to be paid for by general taxation - Exception

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Except as otherwise provided in this chapter, a municipality shall not be liable generally on any contract for the construction, rebuilding, or repairing of sidewalks and shall not be required to pay funds raised by general taxation upon any such contract.

N.D.C.C. § 40-29-14 Sidewalk special fund - Warrants drawn upon - Levy

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All moneys received by a municipality from assessments for the construction, rebuilding, or repairing of sidewalks shall be kept in a separate fund designated as "sidewalk special fund". Warrants shall be drawn on such fund for the payment of the cost of constructing, rebuilding,…

N.D.C.C. § 40-29-15 Warrants - Payable - Interest - Contents - Signed - Uses

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All sidewalk assessment warrants shall be payable as specified and in such amounts as in the judgment of the governing body will be provided by the taxes and assessments. The warrants shall bear interest at a rate or rates and be sold at a price resulting in an average net intere…

N.D.C.C. § 40-29-16 City auditor to pay warrants from special fund

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The city auditor shall pay sidewalk assessment warrants and interest thereon at the time or times and in the manner designated by the governing body out of the sidewalk special fund.

N.D.C.C. § 40-29-17 Property owners petition for drainage and construction or repair of streets and sidewalks - Requirements

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If two-thirds of the resident owners in number or in value of the real estate bounding both sides of any street, not less than one block in area, shall petition the governing body of a municipality to have such street ditched for the purpose of draining the same or any property a…

N.D.C.C. § 40-29-18 Snow and ice removal from sidewalks - Assessment - Street commissioner to make and file assessment list

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If snow and ice are not removed from sidewalks within the time and in the manner provided by the ordinances of the municipality, the snow and ice may be removed by or under the direction of the street commissioner and the necessary expense thereof shall be chargeable against the …

N.D.C.C. § 40-29-19 Notice of meeting of governing body to confirm snow and ice removal report and assessment

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The city auditor shall give notice of the hearing and confirmation of the report of snow and ice removal and of the assessment therefor at the regular June meeting of the governing body. Such notice shall notify all persons objecting to the report and assessment to appear and pre…

N.D.C.C. § 40-29-20 Hearing on snow and ice removal assessment - Confirmation - Certificate attached to assessment list

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At the meeting of the governing body in June or at such later meeting as the hearing and confirmation of such assessment may be adjourned to, the governing body shall consider and hear any objection to the snow and ice removal assessment, or to any part thereof, and after revisin…

N.D.C.C. § 40-29-21 Priority

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From the time any assessment list provided for in this chapter is approved by the governing body, the assessment, with interest and penalties thereon, shall be and remain a permanent lien upon the property upon which the assessment is levied until the assessment is paid in full, …

N.D.C.C. § 40-30-01 Special streetlighting system authorized

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Any city may install upon any of its streets any special system or systems of streetlighting and defray the expenses and cost thereof as provided in this chapter.

N.D.C.C. § 40-30-02 Procedure to install special streetlighting system

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Whenever the governing body of any city shall deem it necessary to install, construct, alter, or extend, upon any of the streets of the city, a special system or special systems of streetlighting, such governing body may direct the city engineer or such other person as shall be d…

N.D.C.C. § 40-30-03 Assessment for cost of streetlighting

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In conducting proceedings under this chapter, it shall not be necessary to establish any separate lighting or improvement districts, and in assessing the benefits, no assessment shall be made against any property other than that immediately contiguous to the streets or avenues wh…

N.D.C.C. § 40-31-01 Governing body to prescribe plans and specifications for curbing by ordinance or resolution

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The governing body of a city, by resolution or ordinance may: 1. Prescribe the plans and specifications for the curbing to be used in the city; 2. Establish the widths between the same in different locations; and 3. Determine and prescribe the kind and quality of material of whic…

N.D.C.C. § 40-31-02 City to build curbing - Assessment of expense - Notice of assessment - Approval by governing body

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The curbing in the city shall be built, repaired, or rebuilt in the manner and within the time prescribed by the governing body, which shall order the work to be done by such person as it may have contracted with therefor, under the direction of the city engineer, or street commi…

N.D.C.C. § 40-31-04 Letting contracts for curbing

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At least once every year that the city plans to construct or repair curbing or gutters, the city auditor shall solicit bids in accordance with chapter 48-01.2.

N.D.C.C. § 40-31-05 Procedure for making limited repairs to curbing

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Whenever in the judgment of the street commissioner the necessary repairs on curbing will not exceed in cost the sum of ten dollars for each twenty-five feet [7.62 meters] in front of land belonging to the same owner, the commissioner shall notify the city auditor thereof, and th…

N.D.C.C. § 40-31-06 Assessment book for curbing repairs - Review of assessments - Extension - Collection

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The city auditor shall keep in the city auditor's office a curbing repair assessment book and shall enter therein curbing costs certified by the street commissioner as an assessment against the lots or parcels of land fronting on or adjoining such curbing, and the name of the own…

N.D.C.C. § 40-31-07 Curbing not to be paid for by general taxation - Exception

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Except as otherwise provided in this chapter, a city shall not be liable generally on any contract for the building or repairing of curbing and shall not be required to pay funds raised by general taxation upon any such contract.

N.D.C.C. § 40-31-08 Curbing special fund - Warrants drawn upon - Levy

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All moneys received by a city from assessments for building or repairing curbing shall be kept in a separate fund designated as the curbing special fund. Warrants shall be drawn upon such fund for the payment of the cost of building and repairing curbing in the municipality. Exce…

N.D.C.C. § 40-31-09 Warrants - Payable - Interest coupons - Contents - Uses

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All curbing assessment warrants shall be payable as specified and in such amounts as in the judgment of the governing body will be provided by the taxes and assessments. The warrants shall bear interest at a rate or rates and be sold at a price resulting in an average net interes…

N.D.C.C. § 40-31-10 City auditor to pay warrants from special fund

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The city auditor shall pay curbing assessment warrants and interest thereon at the time or times and in the manner designated by the governing body out of the curbing special fund.

N.D.C.C. § 40-32-01 Construction and maintenance of boulevards - Notice to owner - Contents of notice

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The governing body of any city, whenever it shall deem it necessary to construct boulevards, or to plant trees or sow grass seed thereon, or to trim trees or cut grass growing thereon, or to water or otherwise maintain or preserve any such improvement, shall give written notice t…

N.D.C.C. § 40-32-02 Service of notice to construct or repair

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The street commissioner shall serve the notice provided in section 40-32-01 or cause the same to be served by leaving a copy thereof at the dwelling house on such lot or parcel of land with some person over the age of fourteen years residing therein, or, if the lot or parcel of l…

N.D.C.C. § 40-32-03 Objections to improvements - Considering validity

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Within ten days after the service of the notice, any property owner may file written objections to the making of the improvement described therein. At the next meeting following the filing of the objections, the governing body shall consider the validity of the objections and if …

N.D.C.C. § 40-32-04 Improvement - When made - Expenses

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If the improvement is not objected to or is not completed or commenced, as the case may be, within the time prescribed in the notice, or if the improvement specified in the notice consists of the maintenance of a boulevard or some improvement thereon, the city, in the event that …

N.D.C.C. § 40-32-05 Limitation on making improvement

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An improvement provided for in this chapter may be made or maintained only in a block of the city in which the same improvement has been or is being made or maintained by the owners of two-thirds of the entire frontage in the block on the boulevard affected.

N.D.C.C. § 40-32-06 Assessment of cost of improvement

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The expense of the improvement shall be assessed by the street commissioner against the lots or parcels of land properly chargeable therewith, and such assessment shall be returned by the street commissioner and filed in the city auditor's office. The city auditor shall cause suc…

N.D.C.C. § 40-32-07 Letting contracts for improvements - Special or general contracts - Regulations governing

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The governing body may let a contract for the making of any or all improvements to be made within the city under this chapter in each year, or, if it is deemed advisable, it may let a contract for the making of each specific improvement as the same may be determined upon. Whether…

N.D.C.C. § 40-32-08 Boulevard assessment book - Entries - Review of assessments

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The city auditor shall keep in the city auditor's office a book called "boulevard assessment book" and shall enter therein any assessment certified by the street commissioner as an assessment against the lots or parcels of land adjoining the improvement made under the provisions …

N.D.C.C. § 40-32-09 Boulevard assessment fund - Warrants drawn - Regulations governing

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All moneys collected from assessments for making any of the improvements described in this chapter shall be kept in a fund called "boulevard assessment fund". Warrants shall be drawn on such fund for the payment of the cost of making any such improvement or of maintaining the sam…

N.D.C.C. § 40-32-10 Park commissioners may exercise same powers as governing body

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The board of park commissioners of any city organized as a park district may exercise the powers defined in this chapter for the making or maintenance of any improvement upon any boulevards coming within its jurisdiction.

N.D.C.C. § 40-32-11 Provisions not exclusive

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The provisions of this chapter are supplementary to the provisions of the laws of this state authorizing municipalities to make the improvements enumerated in this chapter by the creation of special improvement districts.

N.D.C.C. § 40-33-01 Electric light, telephone, natural and artificial gas plants, pipelines and distribution systems, and power plants - Municipalities may purchase, erect, construct, maintain, sell, or lease

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Any municipality may purchase, erect, construct, operate, maintain, enlarge, improve and extend, or lease from any person or sell or lease to any person: 1. Any electric light and power plant, site, buildings, and equipment thereof. 2. Any electric distribution system and equipme…

N.D.C.C. § 40-33-02 Acquiring, erecting, or improving plant, system, or line without election prohibited - Exceptions

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No municipal officers may purchase, erect, substantially enlarge, improve, or extend an existing plant, or lease from others any plant, system, or line provided for in section 40-33-01, unless the proposition has been submitted by a resolution of the governing body to the qualifi…

N.D.C.C. § 40-33-03 Sale or lease of plant, system, or line - Offer or written proposition - Election - Proceeds

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No municipality shall sell any municipal plant, system, or line, nor lease the same, or any substantial part thereof, or interest therein, to any person, firm, corporation, or limited liability company unless the person, firm, corporation, or limited liability company shall have …

N.D.C.C. § 40-33-04 Manner of payment of purchase, erection, improvement, or leasing of plant, system, or line

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Any municipality may pay the cost of purchasing, erecting, enlarging, improving, extending, or leasing any municipal plant, system, line, or any part thereof: 1. Out of the earnings of the plant, system, or line; 2. By issuing special assessment warrants as provided in section 40…

N.D.C.C. § 40-33-05 Payment of cost of plant, system, or line by special assessment warrants - Payment of assessments - Interest

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If the governing body of the municipality deems it advisable to pay the whole or any part of the cost of a municipal utility by special assessment warrants, it shall create a special assessment district by ordinance. The district shall include, as nearly as may be determined, all…

N.D.C.C. § 40-33-06 Payment of cost of improvement by general taxation

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Within the debt limit provision of the Constitution of North Dakota, the municipality may pay, at the option of the governing body, any portion of the cost of the improvement by general taxation upon all the taxable property in the municipality. The tax shall be levied at the tim…

N.D.C.C. § 40-33-07 Issuance of bonds - Election required

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No municipality shall issue its bonds as authorized by section 40-33-04 until the question of issuing the bonds shall have been approved by a majority of the electors of the municipality voting upon such question at an election called, held, and conducted as specified in section …

N.D.C.C. § 40-33-08 Questions and propositions may be voted upon at same election and may be contained on one ballot

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Any or all of the propositions and questions to be voted upon as specified in sections 40-33-02 and 40-33-07 may be submitted at one and the same election and upon one ballot, but the ballot shall state each of the propositions separately.

N.D.C.C. § 40-33-09 Extension of municipal lighting, heating, or power system, or gas works by special assessment method

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An extension to an existing municipal lighting, heating, or power system or gas works shall be considered an improvement within the provisions of this chapter.

N.D.C.C. § 40-33-10 Municipal utilities fund - Contents - Kept separate from other funds - Use and disbursement

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All money received by a municipality for the service of any utility owned and operated by the municipality, and all money, receipts, and returns received from any investments of the earnings of such utilities, shall be paid into the treasury of the municipality and kept in a fund…

N.D.C.C. § 40-33-11 Payments out of municipal utilities fund - Limitations

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Upon proper orders or warrants issued upon the authority of the governing body of the municipality, there shall be paid out of the municipal utilities fund all sums necessary for the operation, maintenance, enlargement, repair, alteration, improvement, and extension of the plant …

N.D.C.C. § 40-33-12 Surplus in municipal utilities fund - How expended

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When the governing body of the municipality determines that there is a cash surplus in the municipal utilities fund over and above any amount necessary to provide adequately for the operation, maintenance, repair, enlargement, alteration, improvement, and extension of the plant o…

N.D.C.C. § 40-33-13 Municipality may sell surplus electricity or water outside of municipal limits

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Whenever the governing body shall deem it advisable, a municipality owning and operating its own electric lighting system or waterworks may enter into contracts with persons, corporations, or limited liability companies maintaining manufacturing plants, residences, or other build…