Title 40 — Municipal Government

Repealed by S.L. 1987, ch. 386, § 2. 40-45-24. Cities may provide hospitalization and nursing for police department - How cost paid - Exception. Cities may provide hospital, nursing, and medical attention for the members of the police department when injured while in the performa…

The governing body of a city having a police pension plan may discontinue such plan upon receipt of a petition requesting such discontinuance signed by sixty percent of the police employees and pensioners of the city as of the date of the filing of such petition and upon the subs…

If the governing body of the city shall determine by a two-thirds vote as provided in section 40-45-26 that the police pension plan shall be discontinued, the plan shall be discontinued as provided in section 40-46-25.

In July of each year, the police pension board may add, if found actuarially sound, a cost of living increase to the monthly amounts paid beneficiaries from the pension fund. The total monthly pension payment under this section shall not exceed sixty percent of the monthly salary…

The pensions provided in this chapter may be decreased by the police pension board if the cost of living goes down.

Any city may provide funding from revenues derived from its general fund levy authority for the purpose of creating and maintaining a city employees' pension fund. A city may make payment to any pension plan or retirement program for city employees that is approved by the interna…

Repealed by S.L. 1983, ch. 465, § 2.

Whenever a city which has established a city employees' 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 fun…

Every full-time city employee who qualifies for membership in the city employees' pension fund shall, at the time of employment, 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 mem…

All moneys derived from taxes levied to create and maintain a city employees' 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…

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 city employees' pension fund, and when received, such property shall become a part of such fund.

At the end of each fiscal year, the board of trustees may invest any surplus left in the city employees' 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 inte…

Any appointed full-time employee, who shall be a member of a city employees' pension fund, including librarians and other employees of a public library, and full-time employees of a city recreation commission, of a city having an employees' pension fund who shall have served two …

Any full-time employee of a city recreation commission who is eligible for receipt of a pension pursuant to this chapter may, with the approval of, and under terms and conditions set by, the board of trustees, have that person's previous full-time employment with the city recreat…

An employee of a city having a pension fund under this chapter may, prior to retirement, purchase service for inclusion in the period of service required under this chapter for eligibility for retirement the time during each legislative session spent serving as a member of the le…

No employee of the city who shall become disabled mentally or physically, nor the employee's dependents, shall be eligible for a pension because of such disability unless such employee shall have been on active duty with the city for a period of at least ten years, regardless of …

Any employee of a city having an employees' pension fund who resigns therefrom or who has been granted or shall be granted a leave of absence to serve in the armed forces of the United States or armed forces reserve thereof, or who shall have been selected for training under the …

The chief executive of the city may assign any employee of such city, retired or drawing a pension under the provisions of this chapter, to the performance of light duties in the work of such city. 40-46-13. Payments to spouse, children, and surviving parents upon death of active…

The benefits provided for in section 40-46-13 shall be subject to the following definitions: 1. "Child" or "children" means only the surviving issue of a deceased active or retired employee, or the child or children legally adopted by a deceased employee prior to the employee's r…

Any employee of the city who has reached the retirement age or who is unfit, physically or mentally, to continue in the service of the city, upon the request of the executive officer of the city, shall retire from active service, and, if the employee shall have been employed by t…

After any employee of the city shall become entitled to be retired, such right shall not be lost nor forfeited by discharge or for any other reason. 40-46-17. Insufficiency of pension fund to meet withdrawals - Apportioning contents of fund to pensioned persons. Whenever the sums…

The decision of the board of trustees upon the re-examination provided for in section 40-46-18 shall be final and conclusive in the absence of fraud, and no appeal shall be allowed therefrom. The disabled employee shall remain upon the pension roll unless and until reinstated in …

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 and issued by the treasurer of such board. Such warrants shall designate the person to whom and the purpose for which payment i…

Repealed by S.L. 1987, ch. 386, § 2.

The governing body of a city having an employees' pension plan may discontinue such plan upon receipt of a petition requesting such discontinuance signed by sixty percent of the employees and pensioners of the city under such plan as of the date of the filing of such petition and…

Repealed by S.L. 1959, ch. 311, § 3. 40-46-25. Procedure upon discontinuance of employees' pension or police pension plan. If the governing body of the city shall determine by a two-thirds vote as provided in section 40-46-23 that the employees' pension or police pension plan be …

From revenues derived from its general fund levy authority, a city may provide its employees with the federal social security plan and pay such city's share as employer of the cost of providing its employees with the federal social security plan.

In July of each year, the city employees' pension board may add, if found actuarially sound, a cost of living increase to the monthly amounts paid beneficiaries. The total monthly payment under this section shall not exceed sixty percent of the monthly salary average during the p…

The pensions provided in this chapter may be decreased by the city employee's pension board if the cost of living goes down.

For the purpose of promoting health, safety, morals, or the general welfare of the community, the governing body of any city may, subject to the provisions of chapter 54-21.3, regulate and restrict the height, number of stories, and the size of buildings and other structures, the…

The zoning commission or governing body may not require as a condition of approval of a request to amend or modify a zoning regulation the execution of an agreement by the owner of the property requesting the amendment or modification stating that the owner will not oppose the an…

Notwithstanding any other provision of law, a city that exercises extraterritorial jurisdiction under this chapter may not impose building permit fees on any section of unincorporated territory which are higher than the building permit fees within the city exercising the jurisdic…

The governing body may divide the city into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this chapter, and may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structu…

The regulations provided for in this chapter shall be made in accordance with a comprehensive plan and shall be designed to: 1. Lessen congestion in the streets; 2. Provide for emergency management, including floodplain management as provided under section 40-05-27. "Emergency ma…

1. Notwithstanding any other provision of law or zoning ordinance, a nonconforming structure devoted to residential use and located in a residential zoning district may be repaired, replaced, improved, maintained, restored, or rebuilt in its entirety even though the structure is …

The governing body of a city desiring to avail itself of the powers conferred by this chapter shall appoint a commission, to be known as the zoning commission, to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. In add…

An appeal to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the city. The appeal shall be taken within the time prescribed by rule of the board by filing with the officer from whom the appeal is taken and with the b…

An appeal to the board of adjustment stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with the officer that by reason of facts st…

Every decision of the board of adjustment is subject to review in the following manner: 1. A decision of the board of adjustment may be appealed to the governing body of the city by either the aggrieved applicant or by any officer, department, board, or bureau of the city. The ap…

If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or if any building, structure, or land is used in violation of this chapter or of any ordinance or other regulation made under the authority conferred by this chapter…

In this chapter, unless the context or subject matter otherwise requires: 1. "Street" includes streets, highways, avenues, boulevards, parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements and rights of way, and other ways. 2. "Subdivision" …

Any municipality, by an ordinance of its governing body, may establish an official master plan of the municipality. Such ordinance shall make it the duty of some appropriate official or employee of the municipality to file for record immediately, with the recorder of the county i…

The governing body of any city may create, by ordinance, a planning commission to consist of not more than ten members to be appointed by the executive officer of the city with the approval of its governing body. In addition to the members appointed by the city, the planning comm…

The present members of the commission shall hold office for the balance of their tenure. Of the members of the commission newly appointed, pursuant to this chapter, the first member appointed, if one be appointed, shall hold office for the term of one year, if a second member is …

When duly authorized by the commission, members thereof may attend planning conferences or meetings of planning institutes or hearings upon pending legislation, and the commission may pay the reasonable traveling expenses incident to such attendance pursuant to a resolution sprea…

The expenditures of the planning commission, exclusive of gifts, must be within the funding provided from revenues derived from the general fund levy authority of the governing body of the municipality. The governing body shall provide the funds, equipment, and accommodations it …

In the preparation of the master plan, the planning commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality with due regard to its relation to neighboring territory. The plan shall be made with the general pu…

The planning commission shall: 1. Recommend to the appropriate public officials, from time to time, programs for specific improvements and for the financing thereof. 2. Consult and advise with public officials and agencies, public utility companies, civic, educational, profession…

The planning commission may: 1. Promote public interest in and understanding of the master plan, and for that purpose, it may publish and distribute copies of the plan or of any part thereof or of any report, and may employ such other means of publicity and education as it may de…

All public officials, upon request, shall furnish to the planning commission, within a reasonable time after such request, such information as the commission may require in connection with its work.