North Dakota § 40-33-04 Manner of payment of purchase, erection, improvement, or leasing of plant, system, or line

North Dakota Statutes

§ 40-33-04 — Manner of payment of purchase, erection, improvement, or leasing of plant, system, or line

North Dakota § 40-33-04

Title 40Municipal Government

Ch. 40-33Municipal Utilities

This text of North Dakota § 40-33-04 (Manner of payment of purchase, erection, improvement, or leasing of plant, system, or line) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 40-33-04 (2026).

Text

system, or line. Any municipality may pay the cost of purchasing, erecting, enlarging, improving, extending, or leasing any municipal plant, system, line, or any part thereof:

1.Out of the earnings of the plant, system, or line;

2.By issuing special assessment warrants as provided in section 40-33-05;

3.By issuing bonds of the municipality as provided in section 40-33-07;

4.Partly by such special assessment warrants and partly by such bonds; or

5.Partly out of the earnings of the plant, system, or line, and partly by such special assessments or bonds or special assessments and bonds. A municipality may pay the cost of leasing any municipal plant, system, line, or any part thereof from the state, or any agency or institution of the state under subsection 5 of section 40-33-01 solely fr

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system, or line.
Any municipality may pay the cost of purchasing, erecting, enlarging, improving, extending,
or leasing any municipal plant, system, line, or any part thereof:
1. Out of the earnings of the plant, system, or line;
2. By issuing special assessment warrants as provided in section 40-33-05;
3. By issuing bonds of the municipality as provided in section 40-33-07;
4. Partly by such special assessment warrants and partly by such bonds; or
5. Partly out of the earnings of the plant, system, or line, and partly by such special
assessments or bonds or special assessments and bonds.
A municipality may pay the cost of leasing any municipal plant, system, line, or any part
thereof from the state, or any agency or institution of the state under subsection 5 of section
40-33-01 solely from revenues to be derived by the municipality from the ownership, sale, lease,
disposition, and operation of the waterworks, mains, and water distribution system; the funds or
any other amounts invested by the municipality pursuant to section 21-06-07, or invested on the
municipality's behalf by the state, or any agency or institution of the state, in conformity with
policies of the industrial commission, including investment in a guaranteed investment contract
and any earnings thereon, to the extent pledged therefor; and funds, if any, appropriated
annually by the governing body of the municipality or received from federal or state sources.
When such cost, or any part thereof, is to be paid out of the earnings, the cost or the part
thereof payable out of the earnings shall not become a general obligation of the municipality
payable out of the money raised through taxation but shall be a special obligation payable solely
and exclusively out of the earnings derived from the operation of the plant, system, or line.