40-05.1-06. Powers
From and after the filing with the secretary of state of a charter framed and approved in
reasonable conformity with the provisions of this chapter, such city, and the citizens thereof,
shall, if included in the charter and implemented through ordinances, have the following powers
set out in this chapter:
1. To acquire, hold, operate, and dispose of property within or without the corporate
limits, and, subject to chapter 32-15, exercise the right of eminent domain for such
purposes.
2. To control its finances and fiscal affairs; to appropriate money for its purposes, and
make payment of its debts and expenses; to contract debts, borrow money, issue
bonds, warrants, and other evidences of indebtedness; to establish charges for any
city or other services; and to establish debt limitations.
3. To levy and collect property taxes and special assessments for benefits conferred, for
its public and proprietary functions, activities, operations, undertakings, and
improvements, and establish mill levy limitations. Notwithstanding any authority
granted under this chapter, all property must be assessed in a uniform manner as
prescribed by the state board of equalization and the state supervisor of assessments
and all taxable property must be taxed by the city at the same rate unless otherwise
provided by law.
4. To levy and collect an infrastructure fee. The fee must replace a general special
assessment on all property for payment of infrastructure maintenance costs through a
utility bill issued by a municipality. The money collected under this subsection may not
be used for any purpose other than infrastructure maintenance costs. If a home rule
city levies an infrastructure fee, the home rule city also may levy and collect green field
special assessments. As used in this subsection:
a. "General special assessments" means special assessments levied for the
purpose of maintaining existing roads and infrastructure and special assessments
levied for the construction or repair of arterial roads and infrastructure that
provide a benefit to the entire community.
b. "Green field special assessments" means special assessments levied for
infrastructure costs associated with the development of agricultural or
undeveloped property.
5. To levy and collect excises, fees, charges, franchise and license taxes, sales and use
taxes, farm machinery gross receipts taxes, alcoholic beverage gross receipts taxes, a
city lodging tax, and a city restaurant tax. For purposes of this section, any taxes
imposed under this section on farm machinery, farm irrigation equipment, and farm
machinery repair parts used exclusively for agricultural purposes, or on alcoholic
beverages, which were in effect on December 31, 2005, become gross receipts taxes
after December 31, 2005. After December 31, 2005, any portion of a charter or any
portion of an ordinance passed pursuant to a charter which does not conform to the
requirements of this section is invalid to the extent it does not conform. The invalidity of
a portion of a charter or ordinance because it does not conform with this subsection
does not affect the validity of any other portion of the charter or ordinance of the
eligibility for a refund under section 57-01-02.1. Ordinances enacted after August 1,
2017, may not allow for the collection and levy of any tax not otherwise specified under
this section. Sales and use taxes and gross receipts taxes levied under this section:
a. Must conform in all respects with regard to the taxable or exempt status of items
under chapters 57-39.2, 57-39.5, 57-39.6, and 57-40.2 and may not be imposed
at multiple rates with the exception of sales of manufactured homes or mobile
homes.
b. May not be newly imposed or changed except to be effective on the first day of a
calendar quarterly period after a minimum of ninety days' notice to the
tax commissioner or, for purchases from printed catalogs, on the first day of a
calendar quarter after a minimum of one hundred twenty days' notice to the seller.
c. May not be limited to apply to less than the full value of the transaction or item as
determined for state sales and use tax purposes, except for farm machinery
gross receipts tax.
d. Must be subject to collection by the tax commissioner under an agreement under
section 57-01-02.1, with the exception of a city lodging or city restaurant tax, and
must be administered by the tax commissioner in accordance with the relevant
provisions of chapter 57-39.2, including reporting and paying requirements,
correction of errors, payment of refunds, and application of penalty and interest.
6. To fix the fees, number, terms, conditions, duration, and manner of issuing and
revoking licenses in the exercise of its governmental police powers.
7. To provide for city officers, agencies, and employees, their selection, terms, powers,
duties, qualifications, and compensation. To provide for change, selection, or creation
of its form and structure of government, including its governing body, executive officer,
and city officers.
8. To provide for city courts, their jurisdiction and powers over ordinance violations,
duties, administration, and the selection, qualifications, and compensation of their
officers; however, the right of appeal from judgment of such courts shall not be in any
way affected.
9. Notwithstanding section 40-21-07, to provide for all matters pertaining to signature
thresholds for nominating petitions for candidates for city offices and the limitations
provided under section 16.1-01-06.1.
10. To provide for the adoption, amendment, and repeal of ordinances, resolutions, and
regulations to carry out its governmental and proprietary powers and to provide for
public health, safety, morals, and welfare, and penalties for a violation thereof.
11. To lay out or vacate streets, alleys, and public grounds, and to provide for the use,
operation, and regulation thereof.
12. To define offenses against private persons and property and the public health, safety,
morals, and welfare, and provide penalties for violations thereof. This subsection is
subject to the provisions of section 62.1-01-03.
13. To engage in any utility, business, or enterprise permitted by the constitution or not
prohibited by statute or to grant and regulate franchises therefor to a private person,
firm, corporation, or limited liability company.
14. To provide for zoning, planning, and subdivision of public or private property within the
city limits. To provide for such zoning, planning, and subdivision of public or private
property outside the city limits as may be permitted by state law. This subsection is
subject to the provisions of section 62.1-01-03.
15. To exercise in the conduct of its affairs all powers usually exercised by a corporation.
16. To fix the boundary limits of said city and the annexation and deannexation of territory
adjacent to said city except that such power shall be subject to, and shall conform with
the state law made and provided.
17. To contract with and receive grants from any other governmental entity or agency, with
respect to any local, state, or federal program, project, or works.
It is the intention of this chapter to grant and confirm to the people of all cities coming within
its provisions the full right of self-government in both local and city matters within the powers
enumerated herein. The statutes of the state of North Dakota, so far as applicable, shall
continue to apply to home rule cities, except insofar as superseded by the charters of such cities
or by ordinance passed pursuant to such charters.
