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General City Questions

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1. What procedures do we need to follow in order to vacate a street or alley?

No public grounds, streets, alleys, or parts thereof within a city shall be vacated or discontinued by the city governing body except on a petition signed by all of the owners of the property adjoining the plat to be vacated. The petition shall set forth the reasons for the vacation, shall be accompanied by a plat of the area to be vacated, and shall be verified by the oath of at least one petitioner. (NDCC 40-39-05) If the area contains any utility lines constructed lengthwise, it may not be vacated unless the lines have been abandoned and are not in use, or unless the grantee consents thereto, or unless perpetual easements for the maintenance of these lines have been given. (NDCC 40-39-04)

2. What happens after a petition to vacate a street is filed?

If the city governing body finds that the petition is in proper form and contains the requisite signatures, and if it deems it expedient to consider the petition, the governing body shall order the petition to be filed with the city auditor who shall give notice by publication in the official newspaper of the city at least once each week for four weeks. The notice shall state that a petition to vacate has been filed and that it will be considered by the city governing body or a committee thereof on a certain specified day which shall be not less than thirty days after the first publication of the notice. (NDCC 40-39-06) After the hearing, the city governing body, by a resolution passed by a two-thirds vote of all its members, may declare the area described in the petition vacated upon such terms and conditions as it shall deem just and reasonable. (NDCC 40-39-07) Before the resolution shall go into effect it shall be published in the official newspaper. A transcript of the resolution, duly certified by the city auditor, shall be filed for record in the office of the county recorder. (NDCC 40-39-08)

3. If a city's governing body's minutes are published in the newspaper, when do the minutes need to be provided to the newspaper?

The governing body shall provide the newspaper, for publication, the minutes from its meeting within seven days after the meeting. When applicable, the minutes may be labeled as being published subject to the governing body's review and revision. (NDCC 40.01.09.1)

4. May the city governing body transfer money out of the municipal utilities fund to another fund?

When the city governing body determines that there is a surplus int he municipal utilities fund over and above any amount necessary to provide adequately for the operation and maintenance of the utility, it may transfer from the surplus in the fund to general fund or at any fund a total sum of not more than twenty percent of the gross receipts of the municipal utilities for the fiscal year during which the transfer is made.

A larger amount may be transferred from the utility fund upon resolution of the governing body and approved by the voters at a regular city election. (NDCC 40-33-12)

5. How is the State Aid Distribution Fund allocated?

Beginning in 1999, the State Aid Distribution Fund was allocated under a formula established by the 1997 state legislative assembly. Fifty-three and seven tenths percent (53.7%) of the revenues must be allocated to counties according to population categories. Included in the county share is the amount that will be distributed to townships. Forty-six and three tenths percent (46.3%) of the revenues must be allocated to cities according to population. Each city shall reserve a portion of its allocation for further distribution to, or expenditure on behalf of, park districts and other taxing districts within the city, excluding school districts. The share of the city allocation under this subsection to be distributed to a park district must be equal to the percentage of the city share of State Aid Distribution Fund allocations that park district received during calendar year 1996, up to a maximum of thirty percent. The governing boards of the city and park district may agree to a different distribution. A city shall deposit all revenues received under the State Aid Distribution Fund in the city general fund. (NDCC 57-39.2-26.1)

6. What are the expense allowance rates for travel by city elected officials and employees?

Expenses for travel within the state must be reimbursed at the following rates for each quarter of any twenty-four hour period:

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)

7. What are the largest sources of state revenue to cities?

The two largest sources of state revenue to cities are the State Aid Distribution Fund and the Highway Tax Distribution Fund. Four-tenths of one cent of the state sales tax is distributed to cities and counties through the State Aid Distribution Fund. Of this amount, 46.3% of the revenues is allocated to cities each quarter according to population. (NDCC 57-39.2-26.1)

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.

8. What are the restrictions on the use of funds cities receive through the highway tax distribution fund?

The moneys allocated to the incorporated cities must be deposited by the cities in a separate fund and may only be used for the construction, repair, and maintenance of city streets in accordance with section 11 of article X of the Constitution of North Dakota; provided that any incorporated city may use such fund for the construction, reconstruction, repair, and maintenance of public highways within or outside such city pursuant to an agreement entered into between the city and any other political subdivision as authorized by NDCC 54-40-08. (NDCC 54-27-19)

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.”

9. What is the city's responsibility for paying city employees who are on military leave?

All employees of the state or of a political subdivision (including cities) who are members of the national guard are entitled to a leave of absence from such civil service for the period of active national guard service without loss of status or efficiency rating. If such persons have been employed by the state or political subdivision for ninety days immediately preceding the leave of absence, they shall receive twenty workdays each calendar year without loss of pay. In addition, any leave of absence necessitated by a full or partial mobilization of the reserve and national guard forces of the United State, or emergency state active duty, must be without loss of pay for the first thirty days thereof less any other paid leave of absence which may have been granted during the calendar year pursuant to this section. However, if leave is required for weekend, daily, or hourly periods of drill for military training on a day in which a public officer or employee is scheduled to perform the work of the state or of a political subdivision, the officer or employee must be given the option of time off with a concurrent loss of pay for the period missed or must be given an opportunity to reschedule the work period so that the reserve or national guard weekend, daily, or hourly drill or period of training occurs during time off from work without loss of status or efficiency rating. (NDCC 37-01-25)

10. What is the procedure for filling a vacancy on the city governing board?

If a vacancy occurs in a city council office, the city council may call a special election to fill the vacancy for the unexpired term, or may, after fifteen days of the date of the vacancy appoint a person to fill the vacancy until the next city election, at which election the unexpired term must be filled. Upon petition of five percent of the qualified electors, the council shall call a special election to fill a vacancy occurring more than six months before the next city election, if the petition has been submitted within fifteen days of the vacancy or within fifteen days of the vacancy being filled by appointment. (NDCC 40-08-08)

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)

11. When do laws passed during the North Dakota legislative session become effective?

Laws enacted by the North Dakota Legislative Assembly during its eighty natural meeting days take effect on August first after its filing with the Secretary of State, or if filed on or after August first and before January first of the following year ninety days after its filing, or on a subsequent date if specified in the law. If two-thirds of the members elected to each house vote to declare a measure an emergency measure, the law will become effective immediately upon being filed with the Secretary of State or on a date specified in the measure. Every appropriation measure and every tax measure that changes tax rates takes effect on July first after its filing with the Secretary of State or on a subsequent date if specified in the law unless it is passed with an emergency clause. Every law enacted during a special session of the Legislative Assembly takes effect on a date specified in the Act. (North Dakota Constitution, Article IV, section 13)

12. What is the city governing body in a commission or modern council city required to do when a referral petition is submitted?

When a petition to refer an ordinance is submitted, the city governing body shall reconsider the ordinance described, and if it is not entirely repealed, the governing body shall submit it to the vote at the next regular city election or at a special election. Unless the ordinance protested was passed by a four-fifths vote of the members of the governing body for the immediate preservation of the public peace, health and safety and contains a statement of its urgency, it shall be suspended upon the filing of the petition.

13. What age must an individual be to be employed by a city or park district?

The minimum age of employment in North Dakota is 14 years of age. (NDCC 34-07-01)

14. Are there restrictions on the type of work employees under 18 years of age can perform?

Employees ages 14 and 15 are limited in the types of work that they can perform. Examples of prohibited employment activities are operating power-driven machinery, construction work, work involving the use of chemicals, door-to-door sales, driving, cooking, and work on elevated surfaces in which the work is performed higher than six feet from the ground. (NDCC 34-07-16) Lawn mowing is also prohibited by employees aged 14 and 15 under federal law. ( 29 CFR 570.33)

Federal law also restricts employees that are ages 16 and 17 from roofing, most driving, and most work involving power-driven machines. (29 CFR 5760 et seq)

15. Are there restrictions on the hours that employees that are minors can work?

Employees ages 14 and 15 may only work between 7:00 AM and 7:00 PM from Labor Day through May 31 and between the hours of 7:00 AM and 9:00 PM from June 1 through Labor Day. In addition, 14 and 15 year-old employees are limited to working a maximum of 3 hours on a school day and 8 hours on a non-school day. Further, weekly hours for employees ages 14 and 15 are limited to 19 hours in a school week and 40 hours in a non-school week. A school week is condsidered any week, Sunday though Saturday, in which school attendance is required for any park of four or more days. (NDCC 34-07-15)

16. Are any additional notices required to be posted by employers of 14 and 15 year-old employees?

Every employer employing 14 and 15 year-old employees shall post, in a conspicuous place, a printed notice stating the hours of work required of the minors each day of the week, the hours of commencing and stopping work, and the hours allowed for dinner and other meals. The printed form of the notice is furnished by the North Dakota Labor Commissioner.

17. How is the city auditor appointed?

In council cities, the mayor, with the approval of the city council, appoints the city auditor. (NDCC 40-14-04) In commission cities, the board of city commissioners appoints the city auditor. (NDCC 40-15-05)

18. How long is the term of the city auditor?

In council cities, the term of the city auditor commences on the first day of July after his or her appointment, unless otherwise provided by ordinance. The city auditor holds office for two years, and until his or her successor is appointed and qualified. (NDCC 40-14-05)

In commission cities, the term of the city auditor commences on the first day of July succeeding his or her appointment, unless otherwise provided by ordinance. The city auditor shall hold the office for the term by ordinance, and until her or her successor qualified. (NDCC 40-15-06)

19. How is a deputy auditor appointed?

The city auditor, with the approval of the governing body of the city, may appoint a deputy. (NDCC 40-16-02)

20. What are the duties of the deputy auditor?

The deputy auditor shall aid in the performance of the duties of the city auditor, or if there is a vacancy in the office of the auditor, the deputy shall perform the duties of the city auditor. (NDCC 40-16-02)

21. When is a city required to get bids on a public construction project?

If a contract of a governing body for the construction of a public improvement is estimated to cost in excess of two hundred thousand dollars (NDCC 48-01.2-02.1), the governing body shall advertise for bids by publishing for three consecutive weeks, the first publication to be at least twenty-one days before the date of the opening of bids. The advertisement must be published in the official newspaper and in a trade publication of general circulation, except the advertisement for a public improvement financed by special assessments need only be published once each week for two weeks in the official newspaper with the first publication being at least fourteen days before bid opening. (NDCC 48-01.2-04)

22. What are cities' options if a vacancy occurs in the office of mayor?

The city council has two options when a vacancy in the office of may occurs. They can (1) call a special election to fill the vacancy for the unexpired term, or (2) wait fifteen days from the date of the vacancy and elect one of its own members to serve as mayor until the next election. The city council is required to wait fifteen days before electing one of their own members because, during that fifteen day period, the electors may petition the city council for a special election if the vacancy occurs more than six months before the next city election. During the interim between the date when a vacancy occurs and a successor is elected or appointed, the president of the city council shall be the acting mayor. (NDCC 40-08-16)

23. What are a cities' options if a vacancy occurs in the office of a city commissioner or a city council member?

The city council or city commission has two options when a vacancy on the board occurs. They can either (1) call a special election to fill the vacancy for the unexpired term, or (2) wait fifteen days from the date of the vacancy and appoint a person to fill the vacancy until the next city election. The governing board is required to wait fifteen days before making an appointment because, during that fifteen day period, the electors may petition the governing board for a special election if the vacancy occurs more than six months before the next city election. (NDCC 40-08-10)
In city council cities, once an appointment has been made, within fifteen days of the appointment, the electors are allowed to petition for a special election again. (NDCC 40-08-08)

24. When may fireworks be sold under state law?

State law provides that the retail sale of fireworks is allowed during the period of June twenty-seventh through July fifth and December twenty-sixth through January first. (NDCC 23-15-01) Cities may be more restrictive by local ordinance.

25. Does someone need to be a minimum age to purchase fireworks?

Fireworks may only be offered for sale to individuals who are at least twelve years of age. (NDCC 23-25-01)

26. When do laws passed during the North Dakota legisltiave session become effective?

Laws enacted by the North Dakota legislature assembly during its eighty natural meeting days take effect on August first after its filing with the secretary of state, or if filed on or after August first and before January first of the following year ninety days after its filing, or on a subsequent date if specified in the law. If two-thirds of the members elected to each chamber vote to declare a measure an emergency measure, the law will become effective immediately upon being filed with the secretary of state or on a date specified in the measure. Every appropriation measure and every tax measure that changes tax rates takes effect on July first after its filing with the secretary of state or on a subsequent date if the specified in the law unless its is passed with an emergency clause. Every law enacted during a special session of the legislative assembly takes effect on a date specified in the Act. (North Dakota Constitution, Article IV, section13)

27. What can a city do about lots of tall grass and weeds?

The North Dakota Century Code provides that, "Whenever it becomes necessary for the general welfare, public health, fire protection, and public safety to order an owner or occupant of property to do certain work provided for by ordinance, and such owner or occupant refuses to conduct or comply with such order, the work may be done by the municipality and the owner or occupant of such property billed for the same by the municipality." (NDCC 40-05-01.1) It is imperative for the city to have a local ordinance which states (1) set standards for the length of the grass/weeds; (2) provides for a notice to the owner to comply with the ordinance; and (3) provides that if the owner does not comply, the work will be done by the city and the owner will be billed for the work.

28. What if the owner does not pay for the work done by the city under the grass and weed ordinance?

If the bill for the work done by the city, in accordance with the ordinance, is not paid when due, the amount thereof may be assessed against the premises and collected in the same manner as other municipal taxes are assessed, certified, collected and returned. (NDCC 40-05-01.1) The city auditor shall certify these assessments to the county auditor each year.

29. Can a city charge a fee for charitable gaming site aurthorization for bingo, quick shot bingo, raffles, calcuttas, pull tabs, punchboards, twenty-one, paddlewheels, poker or other sports?

Yes. A city may charge a one-hundred-dollar fee for a site authorization for bingo, electronic quick shot bingo, raffles, calcuttas, pull tabs, punch-boards, twenty-one, paddlewheels, poker or sports pools. (NDCC 53-06.1-03)

30. When can city election candidates tart collecting signatures on their nominating petitions for the June election?

A city election candidate may begin collecting signatures on a nominating petition on January 1 for the regular city election in June. (NDCC 40-21-07)

31. Where can city election candidates get nomination petition forms?

The forms are available on the North Dakota Secretary of State's webpage.