24-05 County Roads - North Dakota Statutes

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CHAPTER 24-05COUNTY ROADS24-05-01. County road tax - Allocation and use of funds. In each county having apopulation of two thousand or more, there must be levied and collected a property tax of not less
than one-fourth of one mill, nor more than the maximum rate permitted by section 57-15-06, on
each dollar of the taxable valuation of all taxable property in the county for the improvement of
highways. When authorized by sixty percent of the qualified electors voting upon the question at
a regular or special election in the county, the county commissioners may levy and collect a
property tax not exceeding the limitation in subsection 14 of section 57-15-06.7.The levypursuant to such an election may be discontinued at the discretion of the county commissioners;
or, upon petition of five percent of the qualified electors of such county, the question of
discontinuance of the levy must be submitted to the qualified electors of the county at any regular
or special election and, upon a favorable vote of sixty percent of the qualified electors voting,
such levy must be discontinued. Of the proceeds of the tax collected on account of property
situated within any city, by the county treasurer of the county in which the city is located, twenty
percent must be turned over by the treasurer to the auditor of the city, in the manner provided in
section 11-13-06 to be expended under the direction of the governing body of the city in the
improvement of its streets and highways. The county treasurer shall retain and deposit in a fund
known as the county road fund the proceeds of this tax totaling less than twenty dollars in a
taxable year which is collected on account of property situated within any city. Proceeds of the
tax not turned over to cities pursuant to this section must be kept in the county road fund and
must be expended in the improvement of highways as provided in this chapter under the
direction of the board of county commissioners.The provisions of this section in regard toallocation apply to the proceeds of any tax originally levied for other purposes if appropriated or
transferred to the county road fund or for expenditure for road and bridge purposes.Noallocation pursuant to this section may include the proceeds received by the county as its share
of the allocation made pursuant to section 54-27-19, nor may any allocation under this section
include moneys received from the state as the result of any other intergovernmental transfer.24-05-02. Fund - How expended. The county road fund created by section 24-05-01may be expended only for road machinery and for grading, ditching, and surfacing, in proper
form and condition for public travel, such highways or parts of highways, howsoever established,
as constitute the principal thoroughfares of the county, communicating with shipping points and
marketplaces resorted to by inhabitants of the county, for which the means otherwise provided, in
the opinion of the board of county commissioners, are not sufficient.24-05-03.Payments made for completed work only.The board of countycommissioners, in case of each improvement ordered by it, shall designate the place of
beginning and the direction in which the work must proceed, and shall require the same to be
completed mile [1.61 kilometers] by mile [1.61 kilometers] or in parts of miles [kilometers]
continuously, as ordered, and no payment may be made except for work so completed. It also
may require the supervision of the work by the county surveyor, so far as deemed necessary,
and shall require the county surveyor to compute and estimate the amount of completed work
and to certify the same to the county auditor at the end of each month, and all the work
contracted for must be completed prior to the first day of November next following.Theprovisions of this section and the orders and directions of the board made in pursuance thereof
must constitute a part of the provisions and conditions of every such contract, whether expressed
therein or not.24-05-04.Contracts to be advertised - Requirements for rental contracts.Anypurchase of county road machinery and any rental contract or agreement for the use of road
machinery and other articles or any contract for highway improvement, except necessary repairs
for road machinery, which exceeds the sum of fifty thousand dollars must be advertised as
provided by law for the purchase of county supplies. The board of county commissioners may
not enter into a rental contract or agreement for the use of road machinery and other articles for a
longer period than twelve months from the date of the rental contract or agree to pay rental for
the use of road machinery and other articles which would result in the lessor receiving rental at aPage No. 1rate in excess of twenty percent per year of the cash sale price of the road machinery or other
articles, which cash sale price of the road machinery and other articles must be clearly set forth
in any rental contract for road machinery and other articles, and failure to include this data in any
rental contract for the use of road machinery and other articles renders the rental contract void,
and any payments made under the rental contract are recoverable from the county
commissioners making the contract, jointly and severally. Notwithstanding the provisions of this
section relating to the duration of rental contracts, the board of county commissioners may enter
into lease-purchase agreements under which the annual payments by the county do not exceed
twenty thousand dollars for the road machinery and articles covered by this section, if those
agreements provide for the complete performance and full payment of the purchase price of the
machinery or articles within five years from the date of the execution of the lease-purchase
agreement according to section 44-08-01.1.24-05-04.1. County not to lease its equipment for less than cost of operation. Nocounty, city, or township may lease, rent, or enter into a contract or agreement for the use of any
road construction or maintenance equipment belonging to any county, city, or township on other
than county, city, or township roads or projects at a rate which is less than the current equipment
rental rates adopted by the North Dakota department of transportation as shown in its Standard
Specifications for Road and Bridge Construction manual.24-05-05.County auditor to issue warrants.Upon the filing of the surveyor'scertificate as provided in section 24-05-03, the county auditor shall issue warrants accordingly on
the county treasurer in favor of the contractor, payable out of the county road fund appropriated
thereto, and the same must be paid by the treasurer.24-05-06. Compensation of county surveyor. Repealed by S.L. 1953, ch. 115,