Title 40 — Municipal Government

The duly bonded secretary or treasurer of the board of directors may draw money from the library fund upon vouchers of the board of directors without any other audit. 40-38-07. Library free to inhabitants of political subdivision - Subject to rules published by board of directors…

All persons desirous of making donations of money, books, personal property, or real estate for the benefit of the library may vest the same in the board of directors. The board shall hold and control all property accepted for the use of the library and reading room as a special …

The board of directors shall make a report by July first of each year to the governing body of the city or board of county commissioners, as the case may be, stating: 1. The condition of the library and property. 2. The various sums of money received from all sources. 3. How much…

1. Upon compliance with section 40-38-01 for the establishment of public library services, public library services may be jointly provided through a written agreement between the governing bodies of any city or county or both to establish and maintain joint library services with …

Any record maintained or received by a library receiving public funds, which provides a library patron's name or information sufficient to identify a patron together with the subject about which the patron requested information, is considered private and is excepted from the publ…

[Repealed or reserved.]

Whenever the governing body of a municipality shall deem it necessary to open, lay out, widen, or enlarge any street, alley, or public place within the municipality, it shall cause an accurate survey and plat to be made by the city engineer, county surveyor, or other competent ci…

If the governing body finds that the petition for vacation is in proper form and contains the requisite signatures, and if it deems it expedient to consider such petition, it shall order the petition to be filed with the city auditor who shall give notice by publication in the of…

Before the resolution declaring the vacation of a public ground, street, or alley shall go into effect, it shall be published as in the case of ordinances. A transcript of the resolution, duly certified by the city auditor, shall be filed for record and duly recorded in the offic…

All expenses incurred in vacating any public grounds, street, or alley shall be paid by the petitioners, who shall deposit with the city auditor such sum as may be necessary before any such expense is incurred. The amount to be deposited shall be determined by the governing body,…

Any person aggrieved by the decision of the governing body granting the vacation of any public grounds, street, or alley, within fifteen days after the publication of the resolution, may appeal to the district court of the county in accordance with the procedure provided in secti…

This chapter shall be known and cited as the municipal budget law.

In this chapter, unless the context or subject matter otherwise requires: 1. "Governing body" means the city council, board of city commissioners, park commissioners, or city manager. 2. "Municipality" means any city or park district in this state.

The fiscal year of each municipality shall commence on the first day of January of each year and shall terminate on the thirty-first day of December of that same year.

The governing body of each municipality, annually on or before August tenth, shall make an itemized statement known as the preliminary budget statement showing the amounts of money which, in the opinion of the governing body, will be required for the proper maintenance, expansion…

The preliminary budget must include a detailed breakdown of the estimated revenues and appropriations requested for the ensuing year for the general fund, each special revenue fund, and each debt service fund of the municipality. The revenue and expenditure items for the precedin…

On or before August tenth of each year, after the governing body has prepared the preliminary budget statement, the auditor of the municipality shall: 1. Set a public budget hearing date no earlier than September seventh and no later than October seventh for the purpose of adopti…

Repealed by S.L. 1965, ch. 291, § 1. 40-40-08. Hearing of protests and objections - Changes in preliminary budget - Preparation of final budget - Contents. The governing body shall meet at the time and place set pursuant to section 40-40-06 and shall hear any and all protests or …

After completing the final budget on or before October seventh, the governing body shall proceed to make the annual tax levy in an amount sufficient to meet the expenses for the ensuing year as determined at the budget meeting. In determining the amount required to be levied, the…

Immediately after the completion of the final budget and the adoption of the annual tax levy by the governing body of a municipality in accordance with the provisions of this chapter, and in no case later than October tenth, the auditor of the municipality shall send to the count…

After the county auditor has available the data showing the total taxable valuation of a municipality, the auditor shall calculate the necessary tax rates to produce the sums called for in the final budget. If the auditor finds that any amount or amounts called for in the levy ca…

Repealed by S.L. 2001, ch. 122, § 11.

The county treasurer shall collect all municipal taxes, together with the interest and penalties thereon, if any, in the same manner as the general taxes are collected, and shall pay over to the city auditor, on or before the tenth working day of each calendar month, all taxes so…

The city auditor shall apportion the amounts received for taxes from the county treasurer and shall credit each fund with its proportion or share according to the levy made by the governing body of the municipality. The county treasurer, at the time of paying over such funds, sha…

Upon good and sufficient information presented to the state's attorney by any taxpayer in the municipality or obtained from any other source, the state's attorney of the county in which the municipality lies shall bring suit to recover from the members of the governing body, join…

Repealed by S.L. 1987, ch. 497, § 3. 40-40-18. Amounts taken from various funds and borrowings to meet emergency - Vote required - Contents of resolution. Upon the happening of any emergency caused by the destruction or impairment of any municipal property necessary for the condu…

Repealed by S.L. 1977, ch. 303, § 18.

Upon the trial of an action for the recovery of damages by reason of an injury from the defective, unsafe, dangerous, or obstructed condition of any street, crosswalk, sidewalk, culvert, or bridge, the claimant shall not be permitted to prove any time, place, cause, manner, or ex…

Repealed by S.L. 2015, ch. 439, § 104.

Repealed by S.L. 2015, ch. 439, § 104. 40-43-05. Funding compromised judgment for negligence based on special assessment warrants - Subrogation rights of municipality. When warrants payable from special assessments made to pay the cost of a local improvement have been or shall be…

This chapter creates additional powers and optional and alternative methods for the single and specific purpose of enabling municipalities to pay and to compromise judgments, to issue bonds to fund and satisfy the same, to levy taxes in amounts necessary for such purposes without…

The governing body of any city having a population of more than four thousand inhabitants according to the latest official federal or state census may adopt, by ordinance, a civil service system for the selection, employment, classification, advancement, suspension, retirement, o…

If the governing body of any city which is subject to the provisions of this chapter shall fail or refuse to adopt the provisions of this chapter, twenty percent of the qualified electors of the city may file a written petition with the city auditor demanding that the provisions …

If a commission is created, the terms of office of the three commissioners first appointed shall be one, three, and five years, respectively. Thereafter, original appointments shall be for a five-year term. If a commissioner is appointed, the first appointment and any subsequent …

This chapter shall enable, authorize, and empower the governing body of any city having the requisite number of inhabitants to adopt a civil service system adapted to the size and requirements of the city. Such system, if deemed advisable by such body, may consist merely in the s…

Any willful violation of the provisions of this chapter, or any violation of such provisions through culpable negligence, shall be grounds for removal from office of a city official or for summary discharge of a city employee.

Any city having a population in excess of five thousand inhabitants according to the last official federal census and having an organized and paid police department may provide funding for the purpose of creating and maintaining a police pension fund from revenues derived from it…

The governing body of the city may adopt ordinances relating to the composition of and membership in police pension systems subject to the provisions of this chapter.

The board of trustees may take by gift, grant, devise, or bequest any money or real or personal property or other thing of value for the benefit of the police pension fund. All rewards in moneys, fees, gifts, or emoluments of every kind or nature that may be paid or given to any …

All moneys derived from taxes levied to create a police pension fund, all moneys received as membership fees and dues, and all moneys received from grants, donations, legacies, and devises for the benefit of such fund shall constitute a fund to be known and designated as the poli…

At the end of the fiscal year, the board of trustees may invest any surplus left in the police pension fund, but no part of the moneys realized from any tax levy shall be used for any purpose other than the payment of pensions. Such surplus funds may be invested in interest-beari…

Whenever a city which has established a police pension fund under the provisions of this chapter has a sufficient balance in such fund to meet any proper and legitimate charges that may be made against it, such city shall not be required to levy further taxes for the fund.

Every member of the police department shall pay to the treasurer of the pension fund a membership fee to be fixed by the board of trustees in an amount not exceeding twenty-five dollars. Each member shall be assessed and required to pay annually an amount not less than three perc…

A member of a police pension fund under this chapter may, prior to retirement, purchase for inclusion in the period of service in the department the time during each legislative session spent serving as a member of the legislative assembly while a member of the pension fund. The …

No member of the police department who shall become unable mentally or physically to perform the person's duties, nor the person's dependents, shall be entitled to receive benefits under this chapter because of such disability unless such member shall have been on active duty wit…

The chief of the police department of the city may assign any member of the department, retired or drawing a pension under the provisions of this chapter, to the performance of light duties in such department. 40-45-13. Payments to surviving spouse, children, and surviving parent…

The benefits provided for in section 40-45-13 shall be subject to the following definitions: 1. "Child" or "children" means only the surviving issue of a deceased active or retired member, or the child or children legally adopted by a deceased member prior to the deceased member'…

After any member of a police department shall have become entitled to be retired under the provisions of this chapter, such right shall not be lost or forfeited by discharge or for any other reason. 40-45-16. Increase of assessments by city having police retirement system based u…

The decision of the board of trustees upon the re-examination provided for in section 40-45-19 shall be final and conclusive in the absence of fraud, and no appeal shall be allowed therefrom. The disabled member shall remain upon the pension roll unless and until reinstated in th…

All pensions paid and all moneys drawn from the pension fund under the provisions of this chapter shall be upon warrants signed by the board of trustees. Such warrants shall designate the person to whom and the purpose for which payment is made. The treasurer's annual report shal…