AGO 96-F-017.

• Court: North Dakota

North Dakota Attorney General Opinions 1996. AGO 96-F-017. STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 96-F-17Date Issued: August 16, 1996Requested by: Garylle B. Stewart, Fargo City Attorney- QUESTION PRESENTED - Whether a home rule city with a population in excess of 10,000 may utilize, by adoption of appropriate ordinances, the special assessment scheme set forth in N.D.C.C. chapter 40-22.1, regarding special assessments for the promotion of business activity. - ATTORNEY GENERAL'S OPINION - It is my opinion that a home rule city with a population in excess of 10,000 may utilize, by adoption of appropriate ordinances, the special assessment scheme set forth in N.D.C.C. chapter 40-22.1, regarding special assessments for the promotion of business activity, if the necessary powers are included in the city's home rule charter. - ANALYSIS - N.D.C.C. ch. 40-22.1 authorizes a city to establish a special assessment district to defray the expense of improvements for the promotion of business activity. However, this authority is specifically limited to cities with a population of 10,000 or less. See N.D.C.C. § 40-22.1-01. Home rule cities may acquire the powers specified in N.D.C.C. § 40-05.1-06 if those powers are included in their home rule charters and are implemented through ordinances. N.D.C.C. § 40-05.1-06. A city's home rule charter may include the following powers: To control its finances and fiscal affairs;. . . 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;. . . provided that all real and personal property in order to be subject to the assessment provisions of this subsection shall be assessed in a uniform manner as prescribed by the state board of equalization and the state supervisor of assessments. N.D.C.C. § 40-05.1-06(2) (emphasis added). State statutes, "so far as applicable, shall continue to apply to home rule cities, except insofar as superseded by the charters of such cities or by ordinance passed pursuant to such charters." N.D.C.C. § 40-05.1-06. Fargo' s home rule charter includes the following powers: To control its finances and fiscal affairs;. . . to levy and collect taxes, excises, fees, charges, and special assessments for benefits conferred, for its...