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40-05.1 Home Rule in Cities

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Download pdfLoading PDF...var pdf_url = 'http://law.justia.com/codes/north-dakota/2009/t40/pdf/t40c051.pdf';$(document).ready(function() {var embedwindow = $("#embed_document");if ($.browser.msie){embedwindow.html('');} else {embedwindow.html('');}});CHAPTER 40-05.1HOME RULE IN CITIES40-05.1-00.1. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."City officers" means the elected and appointed officers of the city and includes thegoverning body of the city and its members.2."Executive officer" means the chief officer in whom resides the power to execute thelaws of the city.3."Governing body" means the body which performs the legislative functions of thecity.40-05.1-01. Enabling clause. Any city may frame, adopt, amend, or repeal home rulecharters as provided in this chapter.40-05.1-02. Methods of proposing home rule charter. The governing body of any citymay on its own motion cause a home rule charter to be framed and submitted for adoption to thequalified electors of the city in the manner provided in this chapter, or such proposal may bemade in a petition filed with the governing body and signed by not less than fifteen percent of thequalified electors of the city voting in the last city election.40-05.1-03. Charter commission - Membership - Preparation and submission ofcharter - Compensation and expenses - Publication or distribution. Within sixty days afterproceedings have been initiated for a home rule charter, the governing body of the city shallappoint a charter commission, composed of at least five members, to frame the charter, unless apetition proposing a charter pursuant to section 40-05.1-02 prescribes the composition of thecommission or the manner by which the composition of the commission is to be determined.The chairman of the charter commission shall be designated by the governing body and shall bea charter commission member. Compensation and expenses of commission members shall beas determined by the governing body. The governing body may furnish the charter commissionwith office space, clerical help, legal and other assistance, and supplies, and may appropriateand pay for same out of its general funds. The charter commission shall hold at least one publichearing on the proposed charter, and may use other suitable means to disseminate information,receive suggestions and comments, and encourage public discussion of the proposed charter.The commission shall prepare and submit the charter within one year after appointment, unlessthe governing body allows additional time for submission of the charter. The proposed chartershall then be published once in the city's official newspaper as provided in section 40-01-09.However, cities with a population of one thousand or less may, in lieu of publishing the charter ina newspaper, distribute copies of the charter door-to-door and have them posted and available atprominent locations in the city. In the event a city does not publish the charter in a newspaper, itmust still publish a notice of the election.40-05.1-04. Submission of charter to electors. At least sixty days, but no more thantwo years, after submission of the charter to the governing body of the city, the proposed chartermust be submitted to a vote of the qualified electors of the city at a regular or special cityelection, or at any statewide election that is held within that time, or at a special city election heldconcurrently with any statewide election. If the proposed charter has been submitted to a vote ofthe qualified electors of the city, the governing body of the city may call a special election toresubmit the proposed charter to a vote of the qualified electors of the city, and the specialelection must take place at least sixty days after the call for the special election. The governingbody may amend the proposed charter prior to its resubmission to the electors.40-05.1-05.Ratification by majority vote - Supersession of existing charter andstate laws in conflict therewith - Filing of copies of new charter. If a majority of the qualifiedvoters voting on the charter at the election vote in favor of the home rule charter, the charter isPage No. 1ratified and is the organic law of the city, and extends to all its local and city matters. The charterand the ordinances made pursuant to the charter in such matters supersede within the territoriallimits and other jurisdiction of the city any law of the state in conflict with the charter andordinances and must be liberally construed for such purposes. One copy of the charter ratifiedand approved must be filed with the secretary of state and one with the auditor of the city toremain as a part of its permanent records. Thereupon the courts shall take judicial notice of thenew charter.40-05.1-05.1. Multicity home rule.1.Two or more cities may draft and submit for adoption a multicity home rule charter tothe electors of each city pursuant to this section. The other provisions of this chapterapply to a multicity home rule charter, except as otherwise provided by this section.2.The process for drafting and submitting a multicity home rule charter may beinitiated by:a.Separate motions by the governing bodies of the participating cities;b.The execution of a joint powers agreement between participating cities; orc.A petition filed with each governing body of two or more cities and signed byten percent or more of the total number of qualified electors of each city votingfor governor at the most recent gubernatorial election.3.Within sixty days after proceedings are initiated for a multicity home rule charter, theboards of governing bodies shall enter into a joint powers agreement specifying theprocedure for framing the charter, which may include the establishment of a singlecooperative charter commission with membership representing each city. As analternative, the governing bodies in each affected city may establish a separatecharter commission pursuant to section 40-05.1-03 to frame the charter incooperative study with the charter commission of any other affected city.Thecharter commissions must submit a single joint report and proposed charter.4.The charter commission, during its deliberation, may hold public hearings andcommunity forums and use other suitable means to disseminate information, receivesuggestions and comments, and encourage public discussion on the subject of theproposed multicity home rule charter, and may report periodically to the affectedgoverning bodies on their progress.In preparing the charter, the chartercommission may:a.Include any of the available powers enumerated in section 40-05.1-06;b.Provide for adjustment of existing bonded indebtedness and other obligations ina manner which will provide for a fair and equitable burden of taxation for debtservice;c.Provide for the transfer or other disposition of property and other rights, claims,assets, and franchises of the cities;d.Provide for the reorganization, abolition, or adjustment of boundaries of anyexisting boards, commissions, agencies, and special districts of the citygovernments, including city park districts;e.Include provisions for transition in implementing the charter, including elementsthat consider the reasonable expectations of current officeholders or personnelsuch as delayed effective dates for implementation at the end of a current termor a future term, upon the occurrence of a vacancy, or on a date certain;Page No. 2f.Include provision for the limited application or temporary implementation of thecharter, including provisions that permit implementation on an experimental orpilot basis such as the expiration of the charter on a date certain in the future,required reapproval of the charter by the electors at a future date, or aphased-in implementation of various aspects of the charter; andg.Include other provisions that the charter commission elects to include andwhich are consistent with state law.5.The proposed charter or accurate summary of the charter must be published in theofficial newspaper of each affected city, at the expense of each city, at least onceduring two different weeks within the thirty-day period immediately preceding thedate of election. However, a city with a population of one thousand or less may,instead of publishing the charter in a newspaper, distribute copies of the charterdoor-to-door and have them posted and available at prominent locations in the city.6.If a majority of the qualified electors voting in each city on the charter vote in favor ofthe multicity home rule charter, it is ratified and becomes the organic law of the citieson the first day of January following the election or other effective date specified inthe charter.7.The amendment or repeal of a multicity home rule charter may proceed pursuant tothe amendment and repeal provisions of section 40-05.1-07 on a multicity basis. Amajority vote of the qualified electors voting in each city in the election is required toadopt any amendment of a multicity charter. A majority vote of the qualified electorsof only one or more participating cities is required to repeal a multicity charter.40-05.1-06. Powers. From and after the filing with the secretary of state of a charterframed and approved in reasonable conformity with the provisions of this chapter, such city, andthe citizens thereof, shall, if included in the charter and implemented through ordinances, havethe following powers set out in this chapter:1.To acquire, hold, operate, and dispose of property within or without the corporatelimits, and, subject to chapter 32-15, exercise the right of eminent domain for suchpurposes.2.To control its finances and fiscal affairs; to appropriate money for its purposes, andmake payment of its debts and expenses; to levy and collect taxes, excises, fees,charges, and special assessments for benefits conferred, for its public andproprietary functions, activities, operations, undertakings, and improvements; tocontract debts, borrow money, issue bonds, warrants, and other evidences ofindebtedness; to establish charges for any city or other services; and to establishdebt and mill levy limitations.Notwithstanding any authority granted under thischapter, all property must be assessed in a uniform manner as prescribed by thestate board of equalization and the state supervisor of assessments and all taxableproperty must be taxed by the city at the same rate unless otherwise provided bylaw. The authority to levy taxes under this subsection does not include authority toimpose income taxes.3.To fix the fees, number, terms, conditions, duration, and manner of issuing andrevoking licenses in the exercise of its governmental police powers.4.To provide for city officers, agencies, and employees, their selection, terms, powers,duties, qualifications, and compensation.To provide for change, selection, orcreation of its form and structure of government, including its governing body,executive officer, and city officers.5.To provide for city courts, their jurisdiction and powers over ordinance violations,duties, administration, and the selection, qualifications, and compensation of theirPage No. 3officers; however, the right of appeal from judgment of such courts shall not be inany way affected.6.To provide for all matters pertaining to city elections, except as to qualifications ofelectors.7.To provide for the adoption, amendment, and repeal of ordinances, resolutions, andregulations to carry out its governmental and proprietary powers and to provide forpublic health, safety, morals, and welfare, and penalties for a violation thereof.8.To lay out or vacate streets, alleys, and public grounds, and to provide for the use,operation, and regulation thereof.9.To define offenses against private persons and property and the public health,safety, morals, and welfare, and provide penalties for violations thereof.10.To engage in any utility, business, or enterprise permitted by the constitution or notprohibited by statute or to grant and regulate franchises therefor to a private person,firm, corporation, or limited liability company.11.To provide for zoning, planning, and subdivision of public or private property withinthe city limits. To provide for such zoning, planning, and subdivision of public orprivate property outside the city limits as may be permitted by state law.12.To levy and collect franchise and license taxes for revenue purposes.13.To exercise in the conduct of its affairs all powers usually exercised by a corporation.14.To fix the boundary limits of said city and the annexation and deannexation ofterritory adjacent to said city except that such power shall be subject to, and shallconform with the state law made and provided.15.To contract with and receive grants from any other governmental entity or agency,with respect to any local, state, or federal program, project, or works.16.To impose registration fees on motor vehicles, farm machinery gross receipts taxes,alcoholic beverage gross receipts taxes, or sales and use taxes in addition to anyother taxes imposed by law. After December 31, 2005, sales and use taxes andgross receipts taxes levied under this chapter:a.Must conform in all respects with regard to the taxable or exempt status ofitems under chapters 57-39.2, 57-39.5, 57-39.6, and 57-40.2 and may not beimposed at multiple rates with the exception of sales of electricity, piped naturalor artificial gas, or other heating fuels delivered by the seller or the retail sale ortransfer of motor vehicles, aircraft, watercraft, modular homes, manufacturedhomes, or mobile homes.b.May not be newly imposed or changed except to be effective on the first day ofa calendar quarterly period after a minimum of ninety days' notice to the taxcommissioner or, for purchases from printed catalogs, on the first day of acalendar quarter after a minimum of one hundred twenty days' notice to theseller.c.May not be limited to apply to less than the full value of the transaction or itemas determined for state sales and use tax purposes, except for farm machinerygross receipts tax.d.Must be subject to collection by the tax commissioner under an agreementunder section 57-01-02.1 and must be administered by the tax commissioner inPage No. 4accordance with the relevant provisions of chapter 57-39.2, including reportingand paying requirements, correction of errors, payment of refunds, andapplication of penalty and interest.It is the intention of this chapter to grant and confirm to the people of all cities comingwithin its provisions the full right of self-government in both local and city matters within thepowers enumerated herein. The statutes of the state of North Dakota, so far as applicable, shallcontinue to apply to home rule cities, except insofar as superseded by the charters of such citiesor by ordinance passed pursuant to such charters.After December 31, 2005, any portion of a charter or any portion of an ordinance passedpursuant to a charter which does not conform to the requirements of subsection 16 is invalid tothe extent that it does not conform. The invalidity of a portion of a charter or ordinance becauseit does not conform to subsection 16 does not affect the validity of any other portion of the charteror ordinance or the eligibility for a refund under section 57-01-02.1. Any taxes imposed underthis chapter on farm machinery, farm irrigation equipment, and farm machinery repair parts usedexclusively for agricultural purposes, or on alcoholic beverages, which were in effect onDecember 31, 2005, become gross receipts taxes after December 31, 2005.40-05.1-06.1.Salestaxrevenuetransfertoschooldistrictsprohibited.Notwithstanding the provisions of chapters 54-40 and 54-40.3 or any other provision of law,revenue from sales, use, or other excise taxes levied under this chapter may not be transferredto or for the primary benefit of a school district except for payment of bonded indebtednessincurred before April 19, 2007, or for capital construction and associated costs approved by theelectors of the city before April 19, 2007.40-05.1-07. Amendment or repeal. The home rule charter adopted by any city may beamended or repealed by proposals submitted to and ratified by the qualified electors of the city inthe same general manner provided in sections 40-05.1-02 and 40-05.1-04 for the adoption of thecharter. Amendments may be proposed by the governing body of the city or by petition of thenumber of electors provided in section 40-05.1-02 and submitted to the voters at the sameelection. The voters may at their option accept or reject any or all of the amendments by amajority vote of qualified electors voting on the question at the election. A proposal to repeal ahome rule charter that has been adopted must likewise be submitted to the electors of the city asset forth in this section. One copy of a ratified amendment or a repeal of a home rule chartermust be filed with the secretary of state and one with the city auditor. Upon proper filing of theamendment or repeal, the courts shall take judicial notice of the amendment or repeal.40-05.1-08. Commission - Terms of office - Vacancies. The terms of office of themembers of the charter commission shall be four years. Any vacancy on said commission shallbe filled by the governing body of the city.40-05.1-09. Restriction on proposals to amend or repeal. Repealed by S.L. 1993,ch. 401,
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    CHAPTER 40-05.1HOME RULE IN CITIES40-05.1-00.1. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."City officers" means the elected and appointed officers of the city and includes the
    governing body of the city and its members.2."Executive officer" means the chief officer in whom resides the power to execute the
    laws of the city.3."Governing body" means the body which performs the legislative functions of the
    city.40-05.1-01. Enabling clause. Any city may frame, adopt, amend, or repeal home rulecharters as provided in this chapter.40-05.1-02. Methods of proposing home rule charter. The governing body of any citymay on its own motion cause a home rule charter to be framed and submitted for adoption to the
    qualified electors of the city in the manner provided in this chapter, or such proposal may be
    made in a petition filed with the governing body and signed by not less than fifteen percent of the
    qualified electors of the city voting in the last city election.40-05.1-03. Charter commission - Membership - Preparation and submission ofcharter - Compensation and expenses - Publication or distribution. Within sixty days after
    proceedings have been initiated for a home rule charter, the governing body of the city shall
    appoint a charter commission, composed of at least five members, to frame the charter, unless a
    petition proposing a charter pursuant to section 40-05.1-02 prescribes the composition of the
    commission or the manner by which the composition of the commission is to be determined.
    The chairman of the charter commission shall be designated by the governing body and shall be
    a charter commission member. Compensation and expenses of commission members shall be
    as determined by the governing body. The governing body may furnish the charter commission
    with office space, clerical help, legal and other assistance, and supplies, and may appropriate
    and pay for same out of its general funds. The charter commission shall hold at least one public
    hearing on the proposed charter, and may use other suitable means to disseminate information,
    receive suggestions and comments, and encourage public discussion of the proposed charter.
    The commission shall prepare and submit the charter within one year after appointment, unless
    the governing body allows additional time for submission of the charter. The proposed charter
    shall then be published once in the city's official newspaper as provided in section 40-01-09.
    However, cities with a population of one thousand or less may, in lieu of publishing the charter in
    a newspaper, distribute copies of the charter door-to-door and have them posted and available at
    prominent locations in the city. In the event a city does not publish the charter in a newspaper, it
    must still publish a notice of the election.40-05.1-04. Submission of charter to electors. At least sixty days, but no more thantwo years, after submission of the charter to the governing body of the city, the proposed charter
    must be submitted to a vote of the qualified electors of the city at a regular or special city
    election, or at any statewide election that is held within that time, or at a special city election held
    concurrently with any statewide election. If the proposed charter has been submitted to a vote of
    the qualified electors of the city, the governing body of the city may call a special election to
    resubmit the proposed charter to a vote of the qualified electors of the city, and the special
    election must take place at least sixty days after the call for the special election. The governing
    body may amend the proposed charter prior to its resubmission to the electors.40-05.1-05.Ratification by majority vote - Supersession of existing charter andstate laws in conflict therewith - Filing of copies of new charter. If a majority of the qualified
    voters voting on the charter at the election vote in favor of the home rule charter, the charter isPage No. 1ratified and is the organic law of the city, and extends to all its local and city matters. The charter
    and the ordinances made pursuant to the charter in such matters supersede within the territorial
    limits and other jurisdiction of the city any law of the state in conflict with the charter and
    ordinances and must be liberally construed for such purposes. One copy of the charter ratified
    and approved must be filed with the secretary of state and one with the auditor of the city to
    remain as a part of its permanent records. Thereupon the courts shall take judicial notice of the
    new charter.40-05.1-05.1. Multicity home rule.1.Two or more cities may draft and submit for adoption a multicity home rule charter to
    the electors of each city pursuant to this section. The other provisions of this chapter
    apply to a multicity home rule charter, except as otherwise provided by this section.2.The process for drafting and submitting a multicity home rule charter may be
    initiated by:a.Separate motions by the governing bodies of the participating cities;b.The execution of a joint powers agreement between participating cities; orc.A petition filed with each governing body of two or more cities and signed by
    ten percent or more of the total number of qualified electors of each city voting
    for governor at the most recent gubernatorial election.3.Within sixty days after proceedings are initiated for a multicity home rule charter, the
    boards of governing bodies shall enter into a joint powers agreement specifying the
    procedure for framing the charter, which may include the establishment of a single
    cooperative charter commission with membership representing each city. As an
    alternative, the governing bodies in each affected city may establish a separate
    charter commission pursuant to section 40-05.1-03 to frame the charter in
    cooperative study with the charter commission of any other affected city.Thecharter commissions must submit a single joint report and proposed charter.4.The charter commission, during its deliberation, may hold public hearings and
    community forums and use other suitable means to disseminate information, receive
    suggestions and comments, and encourage public discussion on the subject of the
    proposed multicity home rule charter, and may report periodically to the affected
    governing bodies on their progress.In preparing the charter, the chartercommission may:a.Include any of the available powers enumerated in section 40-05.1-06;b.Provide for adjustment of existing bonded indebtedness and other obligations in
    a manner which will provide for a fair and equitable burden of taxation for debt
    service;c.Provide for the transfer or other disposition of property and other rights, claims,
    assets, and franchises of the cities;d.Provide for the reorganization, abolition, or adjustment of boundaries of any
    existing boards, commissions, agencies, and special districts of the city
    governments, including city park districts;e.Include provisions for transition in implementing the charter, including elements
    that consider the reasonable expectations of current officeholders or personnel
    such as delayed effective dates for implementation at the end of a current term
    or a future term, upon the occurrence of a vacancy, or on a date certain;Page No. 2f.Include provision for the limited application or temporary implementation of the
    charter, including provisions that permit implementation on an experimental or
    pilot basis such as the expiration of the charter on a date certain in the future,
    required reapproval of the charter by the electors at a future date, or a
    phased-in implementation of various aspects of the charter; andg.Include other provisions that the charter commission elects to include and
    which are consistent with state law.5.The proposed charter or accurate summary of the charter must be published in the
    official newspaper of each affected city, at the expense of each city, at least once
    during two different weeks within the thirty-day period immediately preceding the
    date of election. However, a city with a population of one thousand or less may,
    instead of publishing the charter in a newspaper, distribute copies of the charter
    door-to-door and have them posted and available at prominent locations in the city.6.If a majority of the qualified electors voting in each city on the charter vote in favor of
    the multicity home rule charter, it is ratified and becomes the organic law of the cities
    on the first day of January following the election or other effective date specified in
    the charter.7.The amendment or repeal of a multicity home rule charter may proceed pursuant to
    the amendment and repeal provisions of section 40-05.1-07 on a multicity basis. A
    majority vote of the qualified electors voting in each city in the election is required to
    adopt any amendment of a multicity charter. A majority vote of the qualified electors
    of only one or more participating cities is required to repeal a multicity charter.40-05.1-06. Powers. From and after the filing with the secretary of state of a charterframed and approved in reasonable conformity with the provisions of this chapter, such city, and
    the citizens thereof, shall, if included in the charter and implemented through ordinances, have
    the following powers set out in this chapter:1.To acquire, hold, operate, and dispose of property within or without the corporate
    limits, and, subject to chapter 32-15, exercise the right of eminent domain for such
    purposes.2.To control its finances and fiscal affairs; to appropriate money for its purposes, and
    make payment of its debts and expenses; to levy and collect taxes, excises, fees,
    charges, and special assessments for benefits conferred, for its public and
    proprietary functions, activities, operations, undertakings, and improvements; to
    contract debts, borrow money, issue bonds, warrants, and other evidences of
    indebtedness; to establish charges for any city or other services; and to establish
    debt and mill levy limitations.Notwithstanding any authority granted under thischapter, all property must be assessed in a uniform manner as prescribed by the
    state board of equalization and the state supervisor of assessments and all taxable
    property must be taxed by the city at the same rate unless otherwise provided by
    law. The authority to levy taxes under this subsection does not include authority to
    impose income taxes.3.To fix the fees, number, terms, conditions, duration, and manner of issuing and
    revoking licenses in the exercise of its governmental police powers.4.To provide for city officers, agencies, and employees, their selection, terms, powers,
    duties, qualifications, and compensation.To provide for change, selection, orcreation of its form and structure of government, including its governing body,
    executive officer, and city officers.5.To provide for city courts, their jurisdiction and powers over ordinance violations,
    duties, administration, and the selection, qualifications, and compensation of theirPage No. 3officers; however, the right of appeal from judgment of such courts shall not be in
    any way affected.6.To provide for all matters pertaining to city elections, except as to qualifications of
    electors.7.To provide for the adoption, amendment, and repeal of ordinances, resolutions, and
    regulations to carry out its governmental and proprietary powers and to provide for
    public health, safety, morals, and welfare, and penalties for a violation thereof.8.To lay out or vacate streets, alleys, and public grounds, and to provide for the use,
    operation, and regulation thereof.9.To define offenses against private persons and property and the public health,
    safety, morals, and welfare, and provide penalties for violations thereof.10.To engage in any utility, business, or enterprise permitted by the constitution or not
    prohibited by statute or to grant and regulate franchises therefor to a private person,
    firm, corporation, or limited liability company.11.To provide for zoning, planning, and subdivision of public or private property within
    the city limits. To provide for such zoning, planning, and subdivision of public or
    private property outside the city limits as may be permitted by state law.12.To levy and collect franchise and license taxes for revenue purposes.13.To exercise in the conduct of its affairs all powers usually exercised by a corporation.14.To fix the boundary limits of said city and the annexation and deannexation of
    territory adjacent to said city except that such power shall be subject to, and shall
    conform with the state law made and provided.15.To contract with and receive grants from any other governmental entity or agency,
    with respect to any local, state, or federal program, project, or works.16.To impose registration fees on motor vehicles, farm machinery gross receipts taxes,
    alcoholic beverage gross receipts taxes, or sales and use taxes in addition to any
    other taxes imposed by law. After December 31, 2005, sales and use taxes and
    gross receipts taxes levied under this chapter:a.Must conform in all respects with regard to the taxable or exempt status of
    items under chapters 57-39.2, 57-39.5, 57-39.6, and 57-40.2 and may not be
    imposed at multiple rates with the exception of sales of electricity, piped natural
    or artificial gas, or other heating fuels delivered by the seller or the retail sale or
    transfer of motor vehicles, aircraft, watercraft, modular homes, manufactured
    homes, or mobile homes.b.May not be newly imposed or changed except to be effective on the first day of
    a calendar quarterly period after a minimum of ninety days' notice to the tax
    commissioner or, for purchases from printed catalogs, on the first day of a
    calendar quarter after a minimum of one hundred twenty days' notice to the
    seller.c.May not be limited to apply to less than the full value of the transaction or item
    as determined for state sales and use tax purposes, except for farm machinery
    gross receipts tax.d.Must be subject to collection by the tax commissioner under an agreement
    under section 57-01-02.1 and must be administered by the tax commissioner inPage No. 4accordance with the relevant provisions of chapter 57-39.2, including reporting
    and paying requirements, correction of errors, payment of refunds, and
    application of penalty and interest.It is the intention of this chapter to grant and confirm to the people of all cities comingwithin its provisions the full right of self-government in both local and city matters within the
    powers enumerated herein. The statutes of the state of North Dakota, so far as applicable, shall
    continue to apply to home rule cities, except insofar as superseded by the charters of such cities
    or by ordinance passed pursuant to such charters.After December 31, 2005, any portion of a charter or any portion of an ordinance passedpursuant to a charter which does not conform to the requirements of subsection 16 is invalid to
    the extent that it does not conform. The invalidity of a portion of a charter or ordinance because
    it does not conform to subsection 16 does not affect the validity of any other portion of the charter
    or ordinance or the eligibility for a refund under section 57-01-02.1. Any taxes imposed under
    this chapter on farm machinery, farm irrigation equipment, and farm machinery repair parts used
    exclusively for agricultural purposes, or on alcoholic beverages, which were in effect on
    December 31, 2005, become gross receipts taxes after December 31, 2005.40-05.1-06.1.Salestaxrevenuetransfertoschooldistrictsprohibited.Notwithstanding the provisions of chapters 54-40 and 54-40.3 or any other provision of law,
    revenue from sales, use, or other excise taxes levied under this chapter may not be transferred
    to or for the primary benefit of a school district except for payment of bonded indebtedness
    incurred before April 19, 2007, or for capital construction and associated costs approved by the
    electors of the city before April 19, 2007.40-05.1-07. Amendment or repeal. The home rule charter adopted by any city may beamended or repealed by proposals submitted to and ratified by the qualified electors of the city in
    the same general manner provided in sections 40-05.1-02 and 40-05.1-04 for the adoption of the
    charter. Amendments may be proposed by the governing body of the city or by petition of the
    number of electors provided in section 40-05.1-02 and submitted to the voters at the same
    election. The voters may at their option accept or reject any or all of the amendments by a
    majority vote of qualified electors voting on the question at the election. A proposal to repeal a
    home rule charter that has been adopted must likewise be submitted to the electors of the city as
    set forth in this section. One copy of a ratified amendment or a repeal of a home rule charter
    must be filed with the secretary of state and one with the city auditor. Upon proper filing of the
    amendment or repeal, the courts shall take judicial notice of the amendment or repeal.40-05.1-08. Commission - Terms of office - Vacancies. The terms of office of themembers of the charter commission shall be four years. Any vacancy on said commission shall
    be filled by the governing body of the city.40-05.1-09. Restriction on proposals to amend or repeal. Repealed by S.L. 1993,ch. 401,

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