2015 North Dakota Century Code Title 1 General Provisions Chapter 1-07 Validation of Municipal Securities
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CHAPTER 1-07
VALIDATION OF MUNICIPAL SECURITIES
1-07-01. Definitions.
In this chapter, unless the context or subject matter otherwise requires:
1. "Bonds" include bonds, notes, warrants, debentures, certificates of indebtedness,
temporary bonds, temporary notes, interim receipts, interim certificates, and all
instruments or obligations evidencing or representing indebtedness or evidencing or
representing the borrowing of money, or evidencing or representing a charge, lien, or
encumbrance on specific revenues, income of property of a public body, and all
instruments or obligations payable from a special fund.
2. "Public body" means the state of North Dakota, any county, city, township, and any
school district of any class.
1-07-02. Validation of bonds issued in financing project under federal emergency
administration of public works.
All bonds issued prior to July 1, 1937, for the purpose of financing or aiding in the financing
of any work, undertaking, or project by any public body to which any loan or grant heretofore
has been made by the United States through the federal emergency administrator of public
works for the purpose of financing or aiding in the financing of such work, undertaking, or
project, including all proceedings for the authorization and issuance of such bonds, and the
sale, execution, and delivery thereof, are validated, ratified, approved, and confirmed,
notwithstanding:
1. Any lack of power, other than constitutional, of such public body or the governing body,
commission, or officers thereof, to authorize and issue such bonds, or to sell, execute,
or deliver the same;
2. Any defects or irregularities, other than constitutional, in such proceedings, or in such
sale, execution, or delivery; and
3. That such governing body, commission, or officers may not have been elected,
appointed, or qualified for the offices they purported to hold.
Such bonds are and shall be binding, legal, valid, and enforceable obligations of such public
body.
1-07-03. Validation of proceedings in financing project under federal emergency
administration of public works.
All proceedings, taken prior to July 1, 1937, for the purpose of financing or aiding in the
financing of any work, undertaking, or project by any public body or by any board of flood
irrigation to which any loan or grant is under contract to be made by the United States through
the federal emergency administrator of public works for the purpose of financing such work,
undertaking, or project, including all proceedings for the authorization and issuance of bonds,
and for the sale, execution, and delivery thereof, are validated, ratified, approved, and
confirmed, notwithstanding:
1. Any lack of power, other than constitutional, of such public body, the governing body,
or commission, or officers thereof, or of any board of flood irrigation to authorize and
issue such bonds, or to sell, execute, or deliver the same;
2. Any defects or irregularities, other than constitutional, in such proceedings, including
the fact that notices in connection with the creation of any flood irrigation district or
hearings for the assessment of damages and benefits resulting from flood irrigation
projects may not have been given in accordance with the statutes; and
3. That the members of such governing body may not have been elected, appointed, or
qualified for the office they purported to hold.
1-07-04. Procedure on public securities of municipalities validated.
Validations heretofore effected by legislative enactment of defective or irregular procedure
in the creation, execution, or issuance of bonds or any other forms of public securities of any
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municipality, and validations of debts, bonds, or other public securities of such municipalities
theretofore contracted or issued without authority previously existing therefor, shall continue
unaffected by the repeal or by the consolidation and revision of any validating act. Any debts,
bonds, or other public securities may be funded or refunded under the provisions of title 21.
1-07-05. Validation of elections on bond issues for municipal sewer and water
systems.
All elections held prior to February 1, 1939, for the purpose of voting on the issuance of
bonds for the joint construction of a water and sewer system are declared legal and valid
notwithstanding the combination of such purposes in the question submitted to the voters.
1-07-06. Validating sales of lands for special assessments made prior to March 17,
1937.
All sales of real property for delinquent special assessments, or installments thereof, made
prior to March 17, 1937, by any county auditor under section 40-25-09 hereby are declared to
be valid sales notwithstanding the fact that the real property subject to sale for delinquent
general taxes and delinquent special assessments, or installments thereof, were not sold
separately as required by said section and notwithstanding the fact that separate certificates
were not issued for the delinquent general taxes and the delinquent special assessments or
installments thereof.
1-07-07. Validating proceedings by county funding and refunding indebtedness.
Repealed by S.L. 1981, ch. 277, § 2.
1-07-08. Validation of acts of municipal officers.
Where the officers of any incorporated city of this state, prior to July 1, 1929, have
purchased, erected, operated, maintained, enlarged, improved, extended, or leased from any
person, firm, or corporation, or sold or leased to any person, firm, or corporation, any electric
plant, system, or line, or part thereof, such acts of such municipal officers are legalized and
validated.
1-07-09. Validation of bonds and warrants of municipality for electric plant.
Repealed by S.L. 1981, ch. 277, § 2.
1-07-10. Validating county poor relief warrants and levies.
Repealed by S.L. 1981, ch. 277, § 2.
1-07-11. Limitations on validation of poor relief warrants and levies.
Repealed by S.L. 1981, ch. 277, § 2.
1-07-12. Validation of tax levies for payment of poor relief warrants.
Repealed by S.L. 1981, ch. 277, § 2.
1-07-13. Validating refunding special assessment warrants.
Repealed by S.L. 1981, ch. 277, § 2.
1-07-14. Previous validating acts not repealed.
Repealed by S.L. 1981, ch. 277, § 2.
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