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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)
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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)
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)
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)
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.
The minimum age of employment in North Dakota is 14 years of age. (NDCC 34-07-01)
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)
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)
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.
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)
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)
The city auditor, with the approval of the governing body of the city, may appoint a deputy. (NDCC 40-16-02)
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)
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)
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)
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)
The forms are available on the North Dakota Secretary of State's webpage.