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During the session of the city board of equalization, any person feeling aggrieved by anything in the assessment roll may apply to the board for the correction of the alleged errors, and the board may correct the errors as it may deem just. (NDCC 57-11-04)
The board of equalization shall add to the assessment roll any real property subject to taxation that has been omitted by the assessor and shall enter the property at a valuation that will bear a just proportion of the taxation. (NDCC 57-11-05)
Annually, on or before May first, the street commissioner shall file with the city auditor a list showing the amount assessed against each lot and stating the name of the owner of each such lot so far as known. The city auditor shall give notice of the hearing and confirmation of the assessment report of snow and ice removal at the regular June meeting of the city governing body by publishing a notice of the hearing once each week for two consecutive weeks in the official newspaper. The last publication shall be not less than eight days before the date set for the hearing. The governing body shall hear any objection to the snow and ice removal assessment and may make corrections before confirming. The city auditor shall attach to the assessment list a certificate that the list is correct as confirmed by the governing body and shall certify the assessment to the county auditor along with other special assessments before August twentieth of each year. (NDCC 40-29-18, 19, 20)
a. First quarter is from six a.m. to twelve noon and the sum must be $6.00. First quarter reimbursement may not be made if travel began after seven a.m.
b. Second quarter is from twelve noon to six p.m. and the sum must be $9.00.
c. Third quarter is from six p.m. to twelve midnight and the sum must be $15.00.d. Fourth quarter is from twelve midnight to six a.m. and the sum must be the actual lodging expenses not to exceed an amount established by policy by the director of the office of management and budget plus any additional state or local taxes. Political subdivisions may reimburse their officials and employees for actual lodging expenses beyond the state rate if they have the required lodging receipt.
The allowance for out-of-state meals is based on a per diem rate for that particular city. The allowance for lodging outside the state must be the actual lodging expense.
Reimbursement is allowed only for overnight travel, or other travel, away from the normal place of employment, for four hours or more. Verification of expenses by receipt is required only for lodging expenses. (NDCC 44-08-04)
Most cities follow the state mileage reimbursement rates for use of personal vehicle when traveling for city business. That rate is set by rules established by the director of the office of management and budget. (NDCC 54-06-09)
The Highway Tax Distribution Fund is comprised of collections of motor vehicle registration fees and fuel taxes. It is distributed on a percentage basis with 61.3% going to the state, 2.7% going to the township highway fund, 1.5 percent going to the public transportation fund, approximately 21.5% going to counties, and approximately 13% going to cities. (NDCC 54-27-19) The share that goes to counties and cities is first allocated to counties in proportion to the number of motor vehicle registrations credited to each county. The share that goes to cities is then distributed on the basis of the per capita population of all of the incorporated cities situated within the county as determined by the last official census. Therefore, your city’s revenue from the Highway Tax Distribution Fund will be impacted by changes in the number of motor vehicle registered within your county as well as changes in city population within your county. Check the June issue of CITYScan each year for the current revenue estimates.
Section 11 of article X of the Constitution of North Dakota states, “Revenue from gasoline and other motor fuel excise and license taxation, motor vehicle registration and license taxes, except revenue from aviation gasoline and unclaimed aviation motor fuel refunds and other aviation motor fuel excise and license taxation used by aircraft, after deduction of cost of administration and collection authorized by legislative appropriation only, and statutory refunds, shall be appropriated and used solely for construction, reconstruction, repair and maintenance of public highways, and the payment of obligations incurred in the construction, reconstruction, repair and maintenance of public highways.”
If the vacancy occurs in the office of mayor, the city council may call a special election to fill such vacancy for the unexpired term or may, after fifteen days from the date of such vacancy, elect one of its own members to act as mayor until the next election. Upon petition of five percent of the qualified electors, the council shall call a special election to fill a vacancy occurring more then six months prior to the next city election, provided such petition is submitted within fifteen days of the date of such vacancy. During the interim between the date when a vacancy occurs and qualification of a successor, the president of the city council shall be the acting mayor. (NDCC 40-08-16)
If a vacancy occurs in the office of a city commissioner or president of the board of city commissioners, the board may call a special election to fill such vacancy for the unexpired term, or may, after fifteen days from the date of such vacancy appoint a person to fill such vacancy until the next city election, at which election the unexpired term shall be filled. Upon petition of five percent of the qualified electors, the commission shall call a special city election to fill a vacancy occurring more than six months prior to the next city election, provided such petition has been submitted within fifteen days of the date of such vacancy. (NDCC 40-09-10)
We only have one meeting a month, and then we get together once a week to have coffee and discuss upcoming agenda items. These aren't meetings, are they?
Yes, they are. "Meeting" includes informal gatherings or work sessions, and discussions where some or all of the members of the governing body are participating in the meeting by telephone. The only time a gathering of a “quorum” is not a meeting is if it is a purely social gathering – no public business can be considered, or else it becomes a meeting
But I can talk to one other member of a governing body without it being a meeting, can't I?
Yes, as long as the two of you are not a quorum of a three-member governing body (including committees) and the discussion is not part of a sequence of individual conversations, which collectively involve a quorum of a governing body. But be aware that if members of a governing body participate in a series of individual conversations that collectively constitute a quorum of the governing body, those conversations are a meeting.
If we hold an open meeting, do we have to allow the public to address the governing body?
No. The right to attend an open meeting does not include the right to participate in that meeting. However, other statutes may require a public hearing at which the public is allowed to comment on specific subjects.
Remember - a recorded roll call vote is required on all votes that pertain to the merits of a matter before the governing body.
The time in which you are required to respond to a request is generally measured in hours or a few days, rather than several days or weeks.
a. One mile if the city has a population of less than five thousand. A city that has exercised its authority under this subdivision has joint zoning and subdivision regulation jurisdiction from one-half mile to one mile with the other political subdivision.
b. Two miles if the city has a population of five thousand or more, but less than twenty-five thousand. A city that has exercised its authority under this subdivision has joint zoning and subdivision regulation jurisdiction from one mile to two miles with the other political subdivision.
c. Four miles if the city has a population of twenty-five thousand or more. A city that has exercised its authority under this subdivision has joint zoning and subdivision regulation jurisdiction from two miles to four miles with the other political subdivision. (NDCC 40-47-01.1)