Title 40 — Municipal Government

1. The governing body of any city, school district, or park district to which this chapter is applicable, may and upon receipt of a petition signed by at least ten qualified electors but not less than five percent of those qualified electors who voted at the last general election…

1. The governing body of a city may, and upon receipt of a petition signed by at least ten qualified electors but not less than five percent of those qualified electors who voted at the last general election of the city shall, submit to the qualified electors the question of appr…

The community centers, playgrounds, recreational centers and systems, or any recreational or character-building facility provided for herein may be erected or established as memorials in commemoration of the men and women of the locality who lost their lives in the service of the…

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Block of pavement" means the length of any street between two intersecting streets. 2. "Residential block" means any block in which sixty percent or more of the property abutting the street shal…

The governing body of any city may, by ordinance, establish standards of paving for residential areas which standards shall be uniform throughout the entire city, and said ordinance may be amended or repealed in the same manner as other ordinances of the city.

When any city has, by ordinance, established standards of paving for residential areas, the city as a whole, by action of its governing body, may pay not to exceed twenty percent of the cost of the paving, and if because of heavy traffic upon such street or for other valid reason…

If the city's total share of the costs equals or exceeds fifty percent of the entire cost of the project, the governing body may initiate, carry out, and construct the project, and special assessments may be levied against the benefited property in the manner provided by law, unl…

The procedure set forth by chapters 40-22, 40-23, 40-24, 40-25, 40-26, 40-27, and 40-28 shall be followed in all proceedings for the initiating, advertising, and contracting for paving improvements under the provisions of this chapter, for levying special assessments against bene…

This chapter may be cited as the Municipal Industrial Development Act of 1955.

As used in this chapter, unless a different meaning clearly appears from the context: 1. "Municipality" means counties as well as municipalities of the types listed in subsection 4 of section 40-01-01 and, in the case of parking projects, municipal parking authorities created pur…

Any municipality, in addition to the powers prescribed elsewhere by the laws of this state, shall have the power to: 1. Acquire whether by purchase, lease, or gift, from any source whatsoever, any real property, buildings, improvements on real property or buildings, including eas…

The consent of any governmental body or public officer of the state is not required to authorize the issuance or sale of bonds or the making of any mortgage in connection therewith.

It shall not be necessary for any municipality proceeding under this chapter to obtain any certificate of convenience or necessity, franchise, license, permit, or other authorization from any bureau, board, commission, or other instrumentality of the state in order to acquire, co…

In determining the cost of a project, the governing body may include all costs and estimated costs of the issuance of the revenue bonds; all engineering, inspection, fiscal, and legal expenses; any bond reserves and the interest that it is estimated will accrue during the constru…

Any revenues of any and all projects in excess of the amount required to pay interest upon all bonds issued hereunder, to create a sinking fund to pay the principal of such bonds, when due, to provide for the operation, maintenance, insurance, taxes, and depreciation of such proj…

The resolution or ordinance authorizing the issuance of revenue bonds under this chapter, or ordinance or resolution adopted subsequent to the adoption of the original resolution or ordinance, shall prescribe: 1. The rate or rates of interest which such bonds shall bear; 2. Wheth…

Revenue bonds shall be sold at not less than ninety-five percent of par plus any accrued interest. Such bonds may be sold at private sale, or such bonds may be sold at public sale after notice of such sale has been published once at least five days prior to such sale in a newspap…

Revenue bonds bearing the signatures of the appropriate officers who are in office on the date of the signing thereof shall be valid and binding obligations notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear th…

Bonds issued under the provisions of this chapter, and the income therefrom, shall be exempt from any taxes, except inheritance, estate, and transfer taxes. 40-57-14. Covenants that may be inserted in ordinance or resolution authorizing bonds. 1. Any ordinance or resolution autho…

Subject to any contractual limitations binding upon the holders of any issue of revenue bonds, or a trustee therefor, including the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or any trustee therefor, for…

Repealed by S.L. 1975, ch. 387, § 6.

The powers conferred by this chapter shall be in addition and supplemental to and not in substitution for, and the limitations imposed by this chapter shall not affect the powers conferred by, any other law. Revenue bonds may be issued under this chapter without regard to any oth…

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

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

1. Any municipality may provide for the issuance of refunding bonds to refund, in whole or in part, bonds previously issued by the municipality under the authority of this chapter for any of the following purposes: a. To extend the maturities of the outstanding bonds. b. To conso…

The legislative assembly declares and finds that it is and has been the purpose of this chapter to sanction, authorize, and encourage activities in the public interest and for the welfare of the state, its municipal subdivisions, and people by assisting establishment of additiona…

Repealed by S.L. 1989, ch. 499, § 19.

In this chapter, unless the context otherwise requires: 1. "Area of operation" means the area within the corporate limits of the municipality and the area within five miles [8.05 kilometers] of those limits, except that the term does not include any area that lies within the terr…

1. It is hereby found and declared that there exist in municipalities of the state slum and blighted areas which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state; that the existence of these areas c…

A municipality, to the greatest extent it determines to be feasible in carrying out this chapter, shall afford maximum opportunity, consistent with the sound needs of the municipality as a whole, to the development, rehabilitation, or redevelopment of the development or renewal a…

A municipality for the purposes of this chapter may formulate a workable program for utilizing appropriate private and public resources, including those specified in section 40-58-18, to facilitate the development of industrial or commercial properties, eliminate and prevent the …

A municipality may not exercise any of the powers conferred upon municipalities by this chapter until its governing body adopts a resolution finding that: 1. One or more slum or blighted areas or industrial or commercial properties exist in the municipality; and 2. The developmen…

1. A municipality may not approve a development or renewal plan for a development or renewal area unless the governing body by resolution determines that the area is a slum or blighted area or consists of industrial or commercial property, or a combination of those areas or prope…

A municipality has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the power: 1. To authorize or undertake and carry out development or renewal projects within its area of operation; to make and execute con…

Repealed by S.L. 2007, ch. 293, § 46.

1. A municipality may sell, lease, or otherwise transfer real property or any interest in real property acquired by it, and may enter into contracts with respect to the real property, in a development or renewal area for residential, recreational, commercial, industrial, or other…

1. A municipality may issue bonds from time to time in its discretion to finance the undertaking of any development or renewal project, including the payment of principal and interest upon any advances for surveys and plans for development or renewal projects, and may issue refun…

All banks, trust companies, bankers, savings banks and institutions, savings and loan associations, investment companies, and other persons carrying on a banking or investment business and all executors, administrators, curators, trustees, and other fiduciaries may legally invest…

1. For the purpose of aiding in the planning, undertaking, or carrying out of a development or renewal project located within the area in which it is authorized to act, any public body may, upon any terms, with or without consideration, as it may determine: a. Dedicate, sell, con…

Any instrument executed by a municipality and purporting to convey any right, title, or interest in any property under this chapter shall be conclusively presumed to have been executed in compliance with the provisions of this chapter insofar as title or other interest of any bon…

1. A municipality may itself exercise its urban renewal project powers, as defined by this section, or may, if the governing body by resolution determines the action to be in the public interest, elect to have those powers exercised by the urban renewal agency created by section …

1. There is created in each municipality a public body corporate and politic to be known as the "urban renewal agency" of the municipality; provided, that the agency may not transact any business or exercise its powers under this chapter until or unless the local governing body h…

No public official or employee of a municipality or board or commission thereof, and no commissioner or employee of a housing authority or urban renewal agency which has been vested by a municipality with urban renewal project powers under section 40-58-15 shall voluntarily acqui…

Repealed by S.L. 1989, ch. 499, § 19.

1. At any time after the governing body of a municipality has approved a development or renewal plan for any development or renewal area and has filed that plan with the department of commerce division of community services, it may request the county auditor and treasurer to comp…

For each development or renewal plan for any development or renewal area under section 40-58-20 in existence at the end of a calendar year, the governing body of the municipality shall file an annual report with the department of commerce, by the following July thirty-first, whic…

The governing body of any municipality maintaining an armory annually may provide funding from revenues derived from its general fund levy authority for armory or memorial hall maintenance, repair, alteration, and reconstruction.

The resolution and order of the governing body of the municipality calling an election pursuant to the provisions of this chapter shall contain a general description of the precise purpose for which a tax is to be levied and collected, the maximum mills per annum to be levied not…

The form of the ballot at an election authorized by this chapter shall be prepared by the auditor and shall be substantially as follows: Shall a levy of not to exceed two mills be made for the purpose of ____________________? Yes ☐ No ☐ There shall be inserted in the blank space …

A special election upon the question of levying taxes for such purpose shall be held at a time to be set by the governing body of the municipality. The votes cast upon the question of the proposed tax levy shall be returned and canvassed as other votes cast at elections are retur…