§ 40-34-19 — Agreements between municipalities and with the state or private parties - Leasing property

North Dakota § 40-34-19

• Jurisdiction: North Dakota
• Title 40: Municipal Government
• Ch. 40-34: Sewage and Garbage Disposal

Text

Leasing property.
Notwithstanding any other law, any municipality of the state, either individually or jointly by
agreement, may enter agreements to lease to the state, or any agency or institution of the state,
or to any person for such compensation and upon such terms and conditions as the parties
under such agreement may stipulate, all or part of, or an undivided or other interest in, its
sewage system and all related real and personal property for the collection, treatment,
purification, and disposal in a sanitary manner of sewage. In addition, any municipality of the
state, either individually or jointly by agreement, may enter agreements to lease from the state,
or any agency or institution of the state, or from any person all or part of, or an undivided or
other interest in, its sewage system and all related real and personal property for the collection,
treatment, purification, and disposal in a sanitary manner of sewage for such compensation and
upon such terms and conditions as the parties under such agreement may stipulate. Such
agreements must be authorized by resolution of the governing body of a municipality upon a
majority vote of the members of the governing body. For the purposes of this section, such
agreements include any lease, sublease, purchase agreement, lease-purchase agreement,
installment purchase agreement, leaseback agreement, or other contract, agreement,
instrument, or arrangement pursuant to which any rights, interests, or other property are
transferred to, by, or from any party to, by, or from one or more parties, and any related
documents entered or to be entered, including any operating agreement, service agreement,
indemnity agreement, participation agreement, loan agreement, or payment undertaking
agreement. A lease obligation under this section may not exceed a term of ninety-nine years. A
lease obligation under this section does not constitute an indebtedness of the municipality or a
pledge of the full faith and credit or unlimited taxing resources of the municipality.
Notwithstanding any other law, a municipality may solicit and accept one or more proposals for
a lease transaction, including the arrangement thereof, under this section. The municipality may,
by resolution of the governing body upon a majority vote of the members of the governing body,
accept a proposal that it determines to be in the public interest.