N.D. Cent. Code § 11-05.1-03
This is the official text of N.D. Cent. Code § 11-05.1-03, part of North Dakota’s Cent. Code — part of the compiled statutory law of North Dakota, published by the state as "Cent. Code." Browse the sections below, each linked to its official government source.
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11-05.1-03. Powers and duties - Contents of plan
Official statutory text
11-05.1-03. Powers and duties - Contents of plan
1. The committee, in studying and preparing a plan to consolidate the counties or change
county lines, shall consider and include in the plan as appropriate:
a. The fiscal impact of the proposed county consolidation or change in county lines
and the economic viability of the proposed county or counties, including the costs
of the proceedings to form the county or change county lines;
b. The comparative costs of providing services in the affected counties and the
proposed county or counties;
c. The projected revenues available to the affected counties and the proposed
county or counties;
d. The final boundaries of the proposed county or counties;
e. A procedure for the orderly and timely transfer of service functions and
responsibilities from the affected counties to the proposed county or counties;
f. A method or plan and timetable for redistricting the proposed consolidated county,
pursuant to the redistricting principles enumerated in chapter 11-07. The
redistricting process in the case of a change in county lines is as provided in
section 11-06-08;
g. The procedure and plan for equalization of the assets and liabilities of the
affected counties, and procedures for negotiation and resolution of any
subsequent disagreement regarding the equalization of assets and liabilities;
h. An adjustment of existing bonded indebtedness and other obligations in a manner
that will provide for a fair and equitable burden of taxation for debt service;
i. The estimated taxes, assessments, or other authorized charges necessary in the
proposed county to meet the liabilities in the first full fiscal year after the proposed
county is formed;
j. The structure or form of county government and the selection, powers, duties,
functions, qualifications and training, terms, and compensation of officers;
k. The application of the plan, if any, to each school district, city park district, and
any other special taxing district within the affected counties;
l. The transition in implementing the plan, including elements that consider the
reasonable expectations of current officeholders such as compensation during an
unexpired term of office and 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;
m. The limited application or temporary implementation of the plan, including
provisions that permit implementation on an experimental or pilot basis such as
the expiration of the plan on a date certain in the future, required reapproval of
the plan by the electors at a future date, or a phased-in implementation of various
components of the plan; and
n. Other considerations and provisions that the committee decides to include and
which are consistent with state law.
2. The committee may:
a. Employ and fix the compensation and duties of necessary staff;
b. Contract and cooperate with other individuals and public or private agencies
considered necessary for assistance, including institutions of higher education;
c. Establish advisory subcommittees that include, if desired, persons who are not
members of the study committee;
d. Hold public hearings and community forums and use other suitable means to
disseminate information, receive suggestions and comments, and encourage
public discussion of its purpose, progress, conclusions, and recommendations;
and
e. Draft a multicounty home rule charter as a charter commission pursuant to
section 11-09.1-04.1, in lieu of proceeding pursuant to the provisions of chapter
11-05.
1. The committee, in studying and preparing a plan to consolidate the counties or change
county lines, shall consider and include in the plan as appropriate:
a. The fiscal impact of the proposed county consolidation or change in county lines
and the economic viability of the proposed county or counties, including the costs
of the proceedings to form the county or change county lines;
b. The comparative costs of providing services in the affected counties and the
proposed county or counties;
c. The projected revenues available to the affected counties and the proposed
county or counties;
d. The final boundaries of the proposed county or counties;
e. A procedure for the orderly and timely transfer of service functions and
responsibilities from the affected counties to the proposed county or counties;
f. A method or plan and timetable for redistricting the proposed consolidated county,
pursuant to the redistricting principles enumerated in chapter 11-07. The
redistricting process in the case of a change in county lines is as provided in
section 11-06-08;
g. The procedure and plan for equalization of the assets and liabilities of the
affected counties, and procedures for negotiation and resolution of any
subsequent disagreement regarding the equalization of assets and liabilities;
h. An adjustment of existing bonded indebtedness and other obligations in a manner
that will provide for a fair and equitable burden of taxation for debt service;
i. The estimated taxes, assessments, or other authorized charges necessary in the
proposed county to meet the liabilities in the first full fiscal year after the proposed
county is formed;
j. The structure or form of county government and the selection, powers, duties,
functions, qualifications and training, terms, and compensation of officers;
k. The application of the plan, if any, to each school district, city park district, and
any other special taxing district within the affected counties;
l. The transition in implementing the plan, including elements that consider the
reasonable expectations of current officeholders such as compensation during an
unexpired term of office and 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;
m. The limited application or temporary implementation of the plan, including
provisions that permit implementation on an experimental or pilot basis such as
the expiration of the plan on a date certain in the future, required reapproval of
the plan by the electors at a future date, or a phased-in implementation of various
components of the plan; and
n. Other considerations and provisions that the committee decides to include and
which are consistent with state law.
2. The committee may:
a. Employ and fix the compensation and duties of necessary staff;
b. Contract and cooperate with other individuals and public or private agencies
considered necessary for assistance, including institutions of higher education;
c. Establish advisory subcommittees that include, if desired, persons who are not
members of the study committee;
d. Hold public hearings and community forums and use other suitable means to
disseminate information, receive suggestions and comments, and encourage
public discussion of its purpose, progress, conclusions, and recommendations;
and
e. Draft a multicounty home rule charter as a charter commission pursuant to
section 11-09.1-04.1, in lieu of proceeding pursuant to the provisions of chapter
11-05.
Status: in_force · Read it on the official government site
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