§ 40-33-12 — Surplus in municipal utilities fund - How expended

When the governing body of the municipality determines that there is a cash surplus in the
municipal utilities fund over and above any amount necessary to provide adequately for the
operation, maintenance, repair, enlargement, alteration, improvement, and extension of the
plant or plants, it may invest the surplus or transfer it or a portion thereof as follows:
1. All or any part of the surplus may be invested by the governing body in
interest-bearing bonds of the United States government, the state of North Dakota, or
any bonds or special improvement district warrants of the municipality in which the
municipal plant is located, and all the principal and interest on the warrants and bonds,
when repaid, shall be placed back in the municipal utilities fund; or
2. The governing body may transfer from the surplus in the fund to the general fund of
the municipality or to any other fund of the municipality a total sum of not more than
twenty percent of the gross receipts of the municipal utilities for the fiscal year of the
municipality during which the transfer or transfers are made. In addition the governing
body, upon adoption of a resolution declaring it necessary and upon approval of a
majority of the votes cast on the question at a regular city election, may transfer to the
general fund of the municipality or to any other fund of the municipality from the
surplus in the municipal utilities fund at the end of any fiscal year. The resolution and
ballot shall state the specific amount or percentage to be transferred as hereinbefore
provided.