Title 40, Municipal Government

The board of trustees, at any time, may cause any member of the department retired by reason of physical or mental disability to be brought before it and again examined by three competent physicians appointed by the board to discover whether such disability continues, whether it …

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…

Any employee of a police department who shall have contributed to the police pension fund, and who voluntarily and while in good standing as a member of such police force leaves the employment of the city, shall be entitled upon application at the time of such termination to a re…

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…

Cities may provide hospital, nursing, and medical attention for the members of the police department when injured while in the performance of their duties as members of such department. The cost of such hospitalization, nursing, and medical attention shall be paid out of the appr…

A police officer employed in the police department of a city having a population of ten thousand or more inhabitants shall not be required to remain on duty for periods of time which will aggregate in each month more than an average of eight hours per day. No single period of tim…

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.

The provisions of this chapter become operative in any city qualified to adopt the same by: 1. The adoption by the governing body of the city of a plan substantially setting forth the provisions of this chapter; and 2. The concurrence in the plan by the employees of the city by a…

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…

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 executive officer, the city auditor, the city attorney, and two persons elected by and from the members of the city employees' pension plan, which persons are currently being assessed, shall constitute the board of trustees for the management of the city employees' pension fu…

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.

Upon the death of any active or retired employee of a city maintaining a city employees' pension fund under this chapter, leaving a surviving spouse or minor child, or surviving dependent father or mother, there shall be paid out of the fund as follows: 1. To the surviving spouse…

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.

Whenever the sums of money in the employees' pension fund shall be insufficient to meet the demands of the withdrawals due to retirements, the board of trustees, in its judgment, shall apportion among the employees entitled to a pension such amount as is available in the pension …

The board of trustees, at any time, may cause any employee of the city who has been retired by reason of physical or mental disability to be brought before it and again examined by three competent physicians appointed by the board to discover whether such disability continues, wh…

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 …

Any employee who shall have contributed to the city employees' pension fund, and who voluntarily and while in good standing as an employee of said city shall have left the employment of such city, shall be entitled, upon application at the time of such retirement, to a refund of …

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…

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…

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 discontinued, the plan shall be discontinued in such city and the governing body shall proceed to liquidate the pension fun…

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…

1. a. A city may, by ordinance, extend the application of a city's zoning regulations to any quarter quarter section of unincorporated territory if a majority of the quarter quarter section is located within the following distance of the corporate limits of the city: (1) One mile…

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. The governing body of a city which uses zoning regulations shall provide for the manner in which the regulations and restrictions must be established, enforced, or supplemented, and for the manner in which the boundaries of the districts must be established and from time to ti…

Regulations, restrictions, and boundaries may be amended, supplemented, changed, modified, or repealed from time to time. If a protest against a change, supplement, modification, amendment, or repeal is signed by the owners of twenty percent or more: 1. Of the area of the lots in…