§ 40-49-07.1 — Change in number of park commissioners - Election

North Dakota § 40-49-07.1

• Jurisdiction: North Dakota
• Title 40: Municipal Government
• Ch. 40-49: Parks and Park Districts

Text

1. The number of park commissioners may be increased from three to five, or decreased
from five to three, pursuant to this section.
2. The process for increasing or decreasing the number of park commissioners may be
initiated:
a. By resolution approved by a majority vote of the board of park commissioners
and submitted to the governing body of the city; or
b. By a petition signed by ten percent or more of the total number of qualified
electors of the city park district voting for governor at the most recent
gubernatorial election and submitted to the governing body of the city.
3. The governing body of the city shall submit the question of increasing or decreasing
the number of park commissioners to the electors of the park district at any regular city
election or primary or general election as specified in the resolution or petition
submitted pursuant to subsection 2. The question requires an affirmative vote of a
majority of those voting on the question for passage.
4. If an increase in the number of park commissioners is approved by the electors, the
two additional park commissioners must be elected at the next regular city election or
as specified in the resolution or petition pursuant to subsection 2. One of the additional
commissioners shall hold office for a term of four years, and the other commissioner
for a term of two years and until a successor is elected and qualified, unless other
terms are specified in the resolution or petition pursuant to subsection 2.
5. If a decrease in the number of park commissioners is approved by the electors, the
existing board members shall continue in office until the time when the terms of office
of two members of the board expire simultaneously. At that time, those two offices are
abolished. A different procedure for abolition of the two offices may be specified in the
resolution or petition pursuant to subsection 2.
40-49-07.2. Dissolution of city park district - Election.
1. A city park district may be dissolved pursuant to a plan adopted pursuant to this
section. A proposal for dissolving a city park district may be initiated:

a. By resolution incorporating a dissolution plan, approved by a majority vote of the
board of park commissioners and submitted to the governing body of the city; or
b. By a petition incorporating a dissolution plan, signed by twenty-five percent or
more of the total number of qualified electors of the city park district voting at the
last regular city election and submitted to the governing body of the city.
2. The governing body of the city shall submit the question of dissolution to the electors
of the park district at any regular city election or primary or general election as
specified in the resolution or petition submitted pursuant to subsection 1. The plan
incorporated in the resolution or petition is effective and becomes operative according
to its terms if a majority of the qualified electors voting on the question approves the
plan.
3. A plan for dissolving a city park district may specify:
a. The disposition and maintenance of land and other property acquired by the
board of park commissioners of the dissolved park district;
b. The manner for payment of any current indebtedness, evidences of indebtedness
in anticipation of user fee revenues, bonded indebtedness, and other obligations
of the dissolved park district;
c. The disposition of any outstanding special assessments or other anticipated
revenues;
d. The transition in implementing the plan, including elements that consider the
reasonable expectations of current officeholders and personnel such as delayed
effective dates for implementation; and
e. Other considerations and provisions that are consistent with state law.
4. The governing body of the city shall cause the complete text, or a fair and accurate
summary, of the plan to be published in the official newspaper of the city, not less than
two weeks nor more than thirty days, before the date of the election. The governing
body may, prior to the election, hold public hearings and community forums and use
other suitable means to disseminate information, receive suggestions and comments,
and encourage public discussion of the purpose and provisions of the plan.