§ 40-35-03 — Powers of municipality

Any municipality, in addition to the powers prescribed elsewhere by the laws of this state,
shall have the power to:
1. Acquire by gift, purchase, or, subject to chapter 32-15, the exercise of the right of
eminent domain, property required to construct, reconstruct, improve, better, or extend
any undertaking, whether wholly within or wholly without the municipality, or partially
within and partially without the municipality, and easements, rights in lands, and water
rights in connection therewith.
2. Operate and maintain any undertaking for its own use and for the use of public and
private consumers and users within and without the territorial boundaries of the
municipality.
3. Prescribe, revise, and collect rates, fees, tolls, or charges for the services, facilities, or
commodities furnished by such undertaking, and in anticipation of the collection of the
revenues of such undertaking, issue revenue bonds to finance in whole or in part the
cost of the acquisition, construction, reconstruction, improvement, betterment, or
extension of any undertaking.
4. Pledge to the punctual payment of said bonds and the interest thereon all or any part
of the revenues of such undertaking, including the revenues of improvements,
betterments, or extensions thereof which may be constructed or acquired subsequent
to the issuance of such bonds as well as the revenues of existing systems, plants,
works, instrumentalities, and properties of the undertaking so improved, bettered, or
extended, or of any part of such undertaking.

5. Make all contracts, execute all instruments, and do all things necessary or convenient
in the exercise of the powers herein granted or in the performance of its covenants or
duties or in order to secure the payment of its bonds, but no encumbrance, mortgage,
or other pledge of property of the municipality shall be created by any such contract or
instrument.
6. Enter into and perform contracts, whether long-term or short-term, with any industrial
establishment for the provision and operation by the municipality of sewerage facilities,
when the governing body of the municipality determines such action to be in the public
interest and necessary for the protection of the public health, in order to abate or
reduce the pollution of waters caused by discharges of industrial wastes by the
industrial establishment, and for the payment periodically by the industrial
establishment to the municipality of amounts at least sufficient, in the determination of
such governing body, to compensate the municipality for the cost of providing,
including payment of principal and interest charges, if any, and of operating and
maintaining the sewerage facilities serving such industrial establishment.
7. Enter into and perform such contracts and agreement with other municipalities,
political subdivisions, and state institutions, as the respective governing bodies of the
same may deem proper and feasible for or concerning the planning, construction,
lease, or other acquisition and the financing of sewerage facilities and the
maintenance and operation thereof. Any such municipalities so contracting with each
other may also provide in any contract or agreement for a board, commission, or such
other body as their governing bodies may deem proper for the supervision and general
management of the sewerage facilities and for the operation thereof, and may
prescribe its powers and duties and fix the compensation of the members thereof.
8. Accept from any authorized agency of the federal government loans or grants for the
planning, construction, acquisition, lease, or other provision of any undertaking, and to
enter into agreements with such agency respecting such loan or grants.
No property of the municipality shall be liable to be forfeited or taken in payment of any bonds
issued under this chapter, and no debt on the general credit of the municipality shall be incurred
in any manner for any purpose under any provision of this chapter.