[Code 1957, § 2.4]
The Board of City Commissioners, by a majority vote of all the
members thereof, shall designate from among its members the commissioners
whose duties are specified in this article.
[Code 1957, § 2.4]
The commissioner of finance and revenue shall have under his
special charge the enforcement of all laws for the assessment and
collection of taxes of every kind and the collection of all revenues
belonging to the City, from whatever source the same may be derived,
and shall examine into and keep informed as to the finances of the
City.
[Code 1957, § 2.2]
The commissioner of police and fire shall have special charge
and supervision of all police regulations of the City and the general
supervision of the chief of police and chief of the fire department,
poundmaster and the officers, employees and members of the police
and fire departments.
[Code 1957, § 2.3]
The commissioner of streets and improvements shall have special
charge of the street commissioner, City Physician and employees of
the City working under any of such officers named in this section.
He shall have under his special charge the supervision of the streets
and alleys of the City and shall be charged with responsibility for
the lighting, cleaning and sanitary condition of the streets and alleys
and with the enforcement of all rules and regulations relating thereto,
and with the preservation of the health of the inhabitants of the
City. He shall have under his special charge the supervision of all
public improvements, and shall see that all contracts for such improvements
and the conditions of all grants of franchises or privileges are complied
with faithfully and performed.
[Code 1957, § 2.1]
The commissioner of waterworks and sewerage shall have special
charge and supervision of the superintendent of water department and
all employees and officers doing work in connection with the City's
water and sewerage system. He shall see to the enforcement of all
regulations with respect to said department and all revenue pertaining
thereto.
[Code 1957, § 2.8; Ord. No. 478, § 1, 5-23-1972; Ord. No. 652, 8-13-1985; Ord. No. 849, 9-25-2001; Ord. No. 892, 2-28-2006; Ord. No. 899, 12-26-2007; Ord. No. 940, 9-25-2011; Ord. No. 957, 2-12-2013; Ord. No. 977, 10-8-2013]
The City Commissioners shall receive a salary of $763 per month,
and the President of the City Commission shall receive a salary of
$1,144 per month. Said salary to be payable monthly at the end of
each month on warrants to be drawn on the general fund.
This section shall be effective January 1, 2014.
[Ord. No. 448, § 2, 11-5-1968; Ord. No. 500, 7-22-1975]
Real property belonging to the City shall be conveyed, sold,
leased or disposed of only as approved by a majority of the members
of the Board of City Commissioners.
[Ord. No. 448, § 2, 11-5-1968; Ord. No. 500, 7-22-1975; Ord. No.
551, 8-28-1979; Ord. No. 584, 8-25-1981; Ord. No. 697, 6-23-1987; amended 9-22-2020 by Ord. No. 1119]
(a)
In all cases where the Board of City Commissioners contemplates conveyance,
sale, lease or disposal of real property owned by the City and estimated
by the governing body of the municipality to be of value greater than
$10,000, the Board shall by resolution or motion take one of the following
actions:
(1)
Authorize the public sale of said property and give notice thereof
by publishing the same in the official newspaper of the City containing
a description of the property, the place and time of sale, and whether
the bids are to be received at auction or as sealed bids. A majority
of the Board may cause the highest bid or any bid to be rejected if
deemed insufficient. Said notice to be published once each week for
two consecutive weeks at least 10 days in advance of the date set
for sale;
(2)
The governing body of the municipality may by resolution describe
the real property of the City which is to be sold; provide a maximum
rate of fee, compensation, or commission; and provide that the City
reserves the right to reject any and all offers determined to be insufficient.
After adoption of the resolution, the governing body of a City may
engage licensed real estate brokers to attempt to sell the described
property by way of nonexclusive listing agreements; or
(3)
Upon
the finding that it is in the best interests of the City of Williston
or that a substantial justification exists, the governing body of
the municipality may by resolution enter into such purchase, sale,
exchange or other agreements for the purchase, acquisition, sale,
lease, dedication, or conveyance of any real property as the governing
body of the municipality deems appropriate, and may waive and circumvent
any formal bidding requirements for the sale or purchase of real property
required under state law or local ordinances, so long as the transaction
terms of the subject property are reasonable under the market conditions
at the time of the contemplated real property transaction.
[Ord. No. 448, § 2, 11-5-1968; Ord. No. 500, 7-22-1975]
Bids for the purchase or lease of real property belonging to
the City, whether or not advertisement therefor has been made, shall
be directed to the Board of City Commissioners and submitted to the
City Auditor, who shall present any and all such bids to the Board
of City Commissioners at its next regularly scheduled meeting.
[Ord. No. 448, § 2, 11-5-1968; Ord. No. 500, 7-22-1975]
Instruments effecting a conveyance, sale, lease or disposal
of real property belonging to the City shall be valid only when duly
executed by the president of the City Commission and attested by the
City Auditor.
[Ord. No. 448, § 2, 11-5-1968; Ord. No. 500, 7-22-1975]
(a)
When specific statutory provisions contained in the North Dakota
Century Code provide for a procedure which is in conflict with portions
of this article governing the conveyance, sale, lease or disposal
of real property, such provisions shall not apply insofar as they
are in conflict with such state law. Said statutory procedures are
as follows:
(1)
Lease of airports or landing fields, or portions thereof shall be
under authority granted in § 2-02-06, N.D.C.C. Said lease shall
further be in compliance with regulations and directives of appropriate
federal agencies.
(2)
Conveyance of right-of-way for any state highway shall be as provided
in Section 24-01-1946, N.D.C.C.
(3)
Leasing of oil and gas lands shall be as provided in Sections 38-09-02
through 38-09-04 and Sections 38-09-14 through 38-09-20, N.D.C.C.
(4)
Conveyance of property to a municipal parking authority shall be
as provided in Section 40-61-05 N.D.C.C.
(5)
Lease of public buildings or portions thereof shall be as provided
in Chapter 48-08, N.D.C.C.
(6)
Granting of concessions for cafes, restaurants and confectioneries
on public buildings and grounds shall be as provided in Chapter 48-09,
N.D.C.C.
(7)
Granting of right-of-way for a railway, telephone line, electric
light system or a gas or oil pipeline system shall be as provided
in Section 49-09-16, N.D.C.C.
[Ord. No. 448, § 1, 11-5-1968]
Whenever any personal property is no longer required for a public
purpose it may be offered for sale by the City Auditor, who may exercise
his discretion as to whether or not the City shall advertise for bids
on said property, or whether it should be sold at public auction.
Except when offered for sale at public auction, items with a value
in excess of $100 shall be sold only after approval of the Board of
City Commissioners. This provision shall not apply however, to property
to be traded in as part of the purchase price of a new purchase.
[Ord. No. 448, § 1, 11-5-1968]
For purposes of convenience and expediting of the performance
and satisfactory completion of City construction contracts, appropriate
City departments may re-sell to contractors for installation on City
contract projects only, on-hand items including but not limited to
water hydrants and meters.
[Ord. No. 448, § 1, 11-5-1968]
When specific statutory provisions contained in the North Dakota
Century Code provide for a procedure which is in conflict with the
provisions of this article governing the conveyance, sale, lease or
disposal of personal property, such provisions shall not apply insofar
as they are in conflict with such state law. Said statutory proceedings
are as follows:
Sale of abandoned or unclaimed personal property shall be as
provided in Section 40-05-02 (20), N.D.C.C.
