The inhabitants of the City of Williston, within the corporate
limits as now established or as hereafter established in the manner
provided by law, shall continue to be a municipal body politic and
corporate in perpetuity, under the name of the "City of Williston."
Subject to the limitations imposed by the Constitution of the
United States of America, the Constitution of the State of North Dakota,
state law, and this charter, all powers of the city shall be vested
in the elected, governing body. The elected, governing body shall
enact ordinances, adopt budgets, determine policies and prescribe
the functions of government to be performed by the city under the
authority of the charter and the constitution and laws of this state.
The city shall have all powers granted to municipal corporation
by the constitution and laws of this state and by this charter together
with all the implied powers necessary to carry into execution all
powers granted.
Among its enumerated powers, which may be implemented by ordinance
subject to the limitations specified in this charter, shall be the
authority to impose a retail sales tax and use tax of no more than
1% of those gross receipts taxed pursuant to Chapters 57-39.2 and
57-40.2, N.D.C.C., subject to the following:
a. The following shall be specifically exempted from any tax imposed
pursuant to this article:
2. Those sales exempted from the imposition and computation of the state
sales tax and use tax pursuant to sections 57-39.2-04, 57-39.2-04.1,
57-40.2-04, and 57-40.2-04.1, N.D.C.C. Sales to contractors that are
exempt pursuant to Subsection 15 of Section 57-39.2-04, N.D.C.C.,
shall be exempt from any city sales tax, but contractors shall be
subject to the city use tax on those items used within the city that
would be taxed pursuant to Section 57-40.2-03.3, N.D.C.C., on which
the city sales tax has not previously been paid.
3. Any other transactions exempted from imposition of the state sales
tax or use tax pursuant to state law.
4. Gross receipts from coin-operated amusement machines.
b. The tax shall not exceed $25 on any single sales transactions involving
one or more items.
c. Any retail sales tax or use tax imposed will be computed and collected
in the same manner provided by law for the collection of the state
sales tax and use tax. The bracket system for the application of the
state sales tax set forth in Section 57-39.2-08.2, N.D.C.C., shall
be adjusted to incorporate the additional city sales tax.
d. Seventy-five percent of the proceeds of any city sales and use tax
shall be dedicated to property tax relief.
e. Twenty-five percent of the proceeds of any city sales tax and use
tax shall be dedicated to a "Job Development Fund," with the primary
objective of creating jobs by applying funds for business retention,
expansion and recruitment in Williston and Northwestern North Dakota.
The fund shall be administered by a seven member committee appointed
by the Williston City Commission and may allow for two City Commissioners
to serve on such a committee. All projects recommended by the Job
Development Fund Committee will be subject to approval by the Williston
City Commission.
f. An ordinance imposing a city sales and use tax adopted pursuant to
this article shall expire no later than June 30, 1996 unless the ordinance
has previously been referred and rescinded by a majority of the qualified
voters. A referral must be made by a petition signed by not less than
15% of the qualified electors of the city voting in the last city
election. An ordinance imposing a city sales tax and use tax approved
by a majority vote of the voters shall remain in effect unless repealed
or amended thereafter pursuant to law.
The charter may be repealed or amended by the procedure set
forth in Section 40-05.1-07, N.D.C.C., provided that any petition
for repeal or amendment of this charter shall be signed by not less
than 15% of the qualified electors of the city voting in the last
city election.
It is intended that the statutes of this state, so far as applicable,
shall continue to apply to this city, except insofar as superseded
by this charter or by ordinance passed pursuant to this charter, and
that in addition to the powers enumerated herein or implied hereby,
or appropriate to the exercise of such powers, the city shall have
and may exercise all powers under the constitution and laws of the
state applicable generally to all cities.
The boundaries of the city shall be the boundaries as established
at the time this charter takes effect, or as such boundaries may be
changed thereafter in the manner authorized by law.
If any section or part of section of this charter shall be held
invalid by a court of competent jurisdiction, such holding shall not
affect the remainder of this charter, except to the extent that an
entire section or part of section may be inseparably connected in
meaning and effect with the section or part of section to which such
holding shall directly apply.
The governing body shall have plenary power to enact and make
all proper and necessary ordinances, resolutions and orders to carry
out and give effect to the express and implied powers granted by law
or in this charter to the end that a complete, harmonious and effective
municipal government may be initiated, installed, operated, and maintained
in the city, and thereby protect and safeguard the rights, interests,
safety, morality, health and welfare of the city and its inhabitants.
This charter may be amended or repealed as provided by Chapter
40-05.1 of the North Dakota Century Code.
Submitted by the Williston Home Rule Charter Committee on this
12th day of March, 1991.
/s/_______________________________
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Noel K. Hanson, Chairman
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/s/_______________________________
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Joseph Vranish
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/s/_______________________________
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Kirk Schoepp
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/s/_______________________________
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Randy Schwartz
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/s/_______________________________
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Larry Hanson
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Published in the Williston Daily Herald on the 15th day of March,
1991, and approved by the voters at a special city election on the
14th day of May, 1991. Returns canvassed by the Board of City Commissioners
on the 20th day of May, 1991.
/s/_______________________________
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John Kautzman, City Auditor
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