Title 40 — Municipal Government

Whenever the governing body of the municipality may deem it for the public interest, it may change or add to the official master plan by laying out new streets, improvements, or conveniences mentioned in this chapter or by widening, enlarging, closing, or abandoning existing stre…

The planning commission or governing body may not require as a condition of approval of a request for approval of a plat the execution of an agreement by the owner of the property requesting the approval stating that the owner will not oppose the annexation of the property by the…

Whenever a planning commission shall have adopted a major street plan of the territory within its subdivision jurisdiction, or of a part thereof, and shall have filed a certified copy of such plan in the office of the recorder of the county in which such territory or part is loca…

Within thirty days after the submission of a plat, the planning commission shall approve or disapprove the plat. If the plat is not approved or disapproved within that time, the plat is deemed to have been approved, and a certificate to that effect must be issued by the commissio…

The municipality shall not accept, lay out, open, improve, grade, pave, or curb any street, or lay or authorize the laying of sewers or connections in any street or right of way within any portion of territory for which the planning commission shall have adopted a major traffic s…

After the planning commission shall have adopted a major street plan of the territory within its subdivision jurisdiction, or of any part thereof, no building shall be erected on any lot within such territory or part, nor shall a building permit be issued therefor, unless the str…

After the adoption of a major traffic street plan by any planning commission, the jurisdiction of the planning commission over plats shall be exclusive within the territory under its jurisdiction, except as otherwise provided in section 40-48-18.

All statutory control over plats or subdivisions of land granted by other statutes, insofar as such control is in harmony with the provisions of this chapter, shall be deemed transferred to the planning commission, and insofar as such control is inconsistent with the provisions o…

The approval and adoption of a map as provided in section 40-48-28 shall not be deemed the opening or establishment of any street or the taking of any land for street purposes or for public use or as a public improvement, but shall operate solely as a reservation of the street lo…

Upon the receipt of any protests within the time fixed by the resolution and the notice, the governing body may cause the same to be examined by its engineer and by its attorney and shall set a time for the hearing of the same. Notice of the hearing shall be given to each protest…

Upon the hearing of any protest, the governing body may grant or deny the same except that it shall not deny the written protests of the owners of a majority of the area of property lying within any proposed street to be opened or of a majority of the owners of the frontage of a …

Whenever any resolution adopting a street map shall have become final, the city auditor shall record in the office of the recorder of the appropriate county a notice referring to the resolution by number and other appropriate description, including the date of its adoption, and s…

If any owner of property lying within any lines for the proposed opening and widening, or the opening and widening of any street, or between any future street line and the nearest public highway, shall claim that the adoption of any resolution or ordinance or the refusal to issue…

Any owner of property lying within any of the lines set forth or described as future street lines in any resolution adopted as provided for in this chapter who shall fail, within the time specified, to file a protest and claim shall be deemed conclusively to have waived any such …

A person who violates any of the provisions of this chapter shall be guilty of a class A misdemeanor.

Any incorporated city by a two-thirds vote of its governing body, at a regular meeting of such governing body, may take advantage of the provisions of this chapter. The vote of the governing body on such question shall be taken by yeas and nays. 40-49-03. Ordinance required to cr…

A park district shall be known as "park district of the city of ___________". The park district shall have a seal and perpetual succession, and may: 1. Sue and be sued. 2. Contract and be contracted with. 3. Acquire by purchase, gift, devise, or otherwise, and hold, own, possess,…

1. The powers of a park district in a city must be exercised by a board of park commissioners consisting of five or three members, as determined by the governing body of the city in creating the park district or pursuant to sections 40-49-07.1 and 40-49-07.2. Except as provided i…

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

1. The members of the board of park commissioners shall possess the qualifications of electors of the city and must be elected by the qualified electors of the park district. The members of the first board may be elected at any regular city election or at a special election calle…

1. The number of park commissioners may be increased from three to five, or decreased from five to three, pursuant to this section. 2. The process for increasing or decreasing the number of park commissioners may be initiated: a. By resolution approved by a majority vote of the b…

1. A city park district may be dissolved pursuant to a plan adopted pursuant to this section. A proposal for dissolving a city park district may be initiated: a. By resolution incorporating a dissolution plan, approved by a majority vote of the board of park commissioners and sub…

Vacancies on the board of park commissioners shall be filled by the board until the next regular election of members thereof at which time such vacancies shall be filled by election for the unexpired term. The removal of the person's residence from the park district by a member o…

A board of park commissioners may: 1. Acquire by purchase, gift, devise, condemnation subject to chapter 32-15, conveyance pursuant to Public Law No. 115-306, or otherwise, land anywhere within this state, or outside this state if located adjacent to a boundary of this state and …

Except as otherwise provided in this chapter, the board of park commissioners and its officers and the park district shall be governed, in the issuing of warrants and certificates of indebtedness and in the levying of any tax or special assessment, or in carrying out, enforcing, …

The board of park commissioners of a park district in any city which has adopted a civil service system pursuant to the provisions of chapter 40-44, may, with the consent of the governing body of such city, provide that the employees of such park district shall be subject to the …

A board of park commissioners may provide for employees' pensions pursuant to an authorized city pension plan with the consent of the city governing body and the consent of not less than a majority of the city employees covered by the city pension plan. In addition, a board of pa…

A park district adopting the provisions of section 40-49-21 provide funding from revenues derived from its general fund levy authority for the benefit of its employees' pension fund.

Any municipality or park district may abandon and discontinue as a park or recreational area any land acquired by any municipality or park district for park and recreational purposes under the provisions of section 11-27-08 or property conveyed pursuant to Public Law No. 115-306 …

Upon completion of the medal of honor monument in Roosevelt park in Minot, ownership and responsibility for the monument's maintenance belongs to the Minot park board or its successor.

Repealed by S.L. 1957, ch. 292, § 2. 40-52-03. Governing body of council city may change boundaries of wards - Wards not to be diminished or increased. Repealed by S.L. 1957, ch. 292, § 2.

The number and boundaries of the wards and precincts in a city may be changed by an ordinance adopted by a majority vote of the members of the governing body. Such ordinance shall be introduced at a regular meeting of the board, and before final action is taken on the proposed or…

Whenever a change in the number or boundaries of wards is made, the governing body of the municipality shall direct the municipal attorney to cause to be made all needful changes in papers, plats, and matters of record.

The city auditor shall make any changes in assessment lists necessitated by any change in the names, numbers, or boundaries of the wards in the municipality.

Ten days before the regular municipal election following any change in the wards in the municipality, the governing body shall designate the proper polling place or places for the new ward or wards, appoint judges and clerks therefor, make all necessary provisions for holding the…

A council member who was duly elected, but because of the change in boundaries of the ward no longer resides within the ward from which the member was elected, but is still residing within the city limits, can continue in office for the term for which the member was elected and u…

On or before the fifteenth day of March in each year, the city auditor of each city within the state may at the discretion of the governing board advertise in the official newspaper once each week for two consecutive weeks for bids for the furnishing of gravel in place for gravel…

If bids have been called for at the first regular meeting of the governing body in the month of April in each year, the bids shall be opened and the contract for the furnishing of gravel shall be awarded to the lowest responsible bidder who has complied with the requirements of t…

Upon petition of the owners of not less than fifty percent of the property, measured by front feet, on both sides of any street or portion thereof, not less than one block in length, for gravel surfacing of such street or portion thereof, the governing board may give notice of su…

If the governing board shall determine that such graveling project should be undertaken, it shall direct its street department to prepare the surface of such street or portion thereof for such gravel surfacing, and the city engineer shall notify and direct the holder of the contr…

The entire cost of furnishing gravel, together with the cost of the legal notices and engineering services involved, and including the cost of gravel used at street intersections, shall thereupon be assessed against the property adjoining such street upon a front foot basis by th…

The city auditor shall keep in the city auditor's office a book called "gravel assessment book" and shall enter therein the costs certified by the city engineer and governing body as an assessment against the lots or parcels of land adjoining any such graveling project constructe…

All assessments for gravel projects shall be payable in equal annual amounts extending over such period as may be determined by the governing body, not exceeding three years, and shall bear interest at an annual rate of not more than two percentage points above the average net an…

All moneys received by a municipality from assessments for any graveling project shall be kept in a separate fund designated as "graveling district number ______________". Warrants shall be drawn on such fund for the payment of the cost of such gravel project.

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

The city auditor shall pay such special gravel assessment warrants and interest coupons as they mature and are presented for payment out of the graveling special fund, and shall cancel the same when paid, and the provisions of section 40-26-08 shall apply in the case of deficienc…

It is the intent of this chapter to provide an optional and discretionary method of graveling streets and levying special assessments therefor in addition to those provided by existing statutes, and in all matters not specifically provided for in this chapter, the provisions of c…

1. "Governing body" as used in this chapter means city council, board of trustees or commissioners of any city or township, the board of county commissioners on behalf of any unorganized township, the trustees of any school district, and the commissioners of any park district in …

The governing body of any municipality, park district, or school district may dedicate and set apart for use as playgrounds, recreation centers, and other recreation or character-building purposes and community centers, lands or buildings, or both, owned or leased by such municip…

The governing body of any municipality, school district, or park district, pursuant to law, may provide that the bonds of such municipality, school district, or park district may be issued in the manner provided by law for the issuance of bonds for other purposes, for the purpose…