21-03-10. Initial resolution - How adopted.
799 words·~4 min read·
/nd/title-21/chapter-21-03-bonds/21-03-10A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The initial resolution may be:
1. Adopted by a majority vote of the governing body at any regular meeting thereof or at
any special meeting of which notice has been given as required by law, without any
previous action thereon or request therefor by the qualified electors or property
owners.
2. Proposed by filing a copy thereof in the office of the auditor or secretary of the
municipality, together with a petition signed by qualified electors of the municipality
aggregating in number one-fourth of the number of qualified electors of the
municipality, as shown by the pollbook for the last preceding annual or general election
held therein, or if such pollbook was not kept, then as shown by a census of the
qualified electors of such municipality verified by the affidavit of one of such
petitioners. Such petition must ask that an election on the question of issuing such
bonds be called. Upon the filing of such proposed initial resolution and petition, the
governing body shall call such election in the manner specified by section 21-03-11.
21-03-10.1. School districts - Use of bond funds. 1. The initial resolution or petition providing for the issuance of bonds, whether adopted
by a majority vote of the school board of a school district or proposed by the qualified
electors of the school district as provided for in section 21-03-10, may, within the
discretion of those proposing such initial resolution or petition, provide for a specific
school plan for which the proceeds of the bond issue must be exclusively used except
as otherwise provided in section 21-03-42. Such plan must designate the general area
to be served by expenditure of bond proceeds for school purposes. The area intended
to be served must be described in the plan, but need not be described in the bond
election ballot. 2. A bond election ballot form in substantially the form prescribed in section 21-03-13
must be used in a school district bond election. After approval of the initial resolution
by the number of qualified electors required by section 21-03-07, the proceeds of the
bond issue may be used only for the purpose and in the manner designated by the
school plan except as herein provided. 3. After approval of the bond issue, no change may be made in the purpose of
expenditure of the bond proceeds except that, upon a favorable vote of sixty percent of
the qualified electors residing in any specific area intended to be served as provided in
subsection 1, material changes may be made in such plan as it affects said area to the
extent such changes do not conflict with contractual obligations incurred.
21-03-11. Elections - When and how called and held. 1. Upon or after the adoption of an initial resolution by the governing body, or at the first
meeting of the governing body held after the filing of a petition and proposed initial
resolution by the qualified electors as specified in subsection 2 of section 21-03-10,
the governing body by resolution shall submit the initial resolution to the qualified
electors of the municipality for approval. 2. If the municipality is a county, city, public school district, or park district, the election
must be set for the same date as a statewide primary or general election. A city, public
school district, or park district shall enter an agreement with the governing body of the
county or counties in which the municipality lies concerning the use of a single
canvassing board, the sharing of election materials, the publishing of legal notices,
and the apportioning of election expenses. The city, public school district, or park
district shall notify the county auditor in writing, at least sixty-four days before the
election, of the question to appear on the primary or general election ballot. 3. For a municipality other than a county, city, public school district, or park district:
a. The date of the election may not be less than sixty-four days after the passage of
the initial resolution by the governing body or the filing date of a sufficient petition
filed by the qualified electors of the municipality.
b. The governing body shall designate the date of the election, the polling hours,
and polling place, which must be the same as for municipal elections held within
the municipality. The governing body shall appoint an inspector, two judges, and
two clerks of election for each polling place.
c. If an election official is absent or unable to serve as an election official when a
polling place is open, the remaining election officials for the polling place shall
appoint a qualified elector to fill the vacancy. The election must be conducted and
the election returns must be made and canvassed in the same manner of
elections of members of the governing body of the municipality.