§ 40-02-05 — Petition for incorporation - Contents - Census and survey to accompany - Hearing - Notice

Hearing - Notice.
A petition for the incorporation of a municipality under this chapter shall be addressed to the
board of county commissioners of the county in which the proposed municipality is located and
if such municipality is located in more than one county, to the board of county commissioners of
the county wherein the greater part of the territory is situated, and shall be signed by not less
than one-third of the qualified electors residing within the territory described in such petition, and
by the owners of not less than fifty percent in assessed value of the property located within the
territory described in such petition.
1. The petition shall show:
a. The boundaries of the proposed municipality, and the assessed valuation of all
property located within such boundaries.
b. The number of inhabitants residing within such boundaries.
c. The name of the proposed municipality, which shall be different from that of every
other municipality in this state.
d. A request that the question of incorporating the territory described in the petition
as a city under the council form of government or a city under the commission
system of government, as the case may be, be submitted to the qualified electors
residing within the territory.
2. The petition, when submitted, shall be accompanied by:
a. An incorporation plan showing how municipal services, including fire and police
protection, street construction and maintenance, sewers, water, garbage
disposal, planning, zoning, accounting, assessment, financing, and legal
services, will be provided; and
b. Any other information that may reasonably be required by the board of county
commissioners to whom the petition is addressed including, but not limited to,
population, population density, per capita assessed valuation, proximity to
populated areas, likelihood of significant growth, need for services, present cost
and adequacy of services, and effect of proposed action and alternative actions
on adjacent areas.
The petition shall be filed in the office of the county auditor, accompanied by a verified copy of
the census required under this chapter and by a duplicate map of the survey of the proposed
municipality, and shall be submitted to the board of county commissioners at the time indicated
in the notice described in section 40-02-04 or as soon thereafter as the board can receive and
consider the same. The board of county commissioners to whom the petition is addressed shall
designate a time and place for consideration of the petition and shall notify the petitioners of that
time and place. The petitioners shall then cause a notice containing the substance of the
petition, and the time and place it will be heard, to be published once a week for two
consecutive weeks in the official county newspaper or newspapers of the county or counties
and in other newspapers as deemed appropriate by the board of county commissioners of each
county embracing the territory to be incorporated.