§ 40-49.1-03 — Contents of plan - Effect of plan - Limitations - Revision or termination

North Dakota § 40-49.1-03

• Jurisdiction: North Dakota
• Title 40: Municipal Government
• Ch. 40-49.1: Boards of Park Commissioners Combination

Text

1. Notwithstanding any other law regarding the structure of a board of park
commissioners, a plan for combining a board of city park commissioners with another
board of city park commissioners or a board of county park commissioners may
specify:
a. The number, selection, functions, qualifications and training, and terms of the
members of the proposed combined board;
b. The manner of apportionment of the costs of operating the combined board;
c. Procedures for the selection, transfer, reassignment, or termination of personnel
associated with the combined board and previous boards;
d. Procedures for the transfer of powers, records, documents, and property, for the
equalization of the property, funds on hand, and debts, and for the adjustment of
existing bonded indebtedness and other obligations in a manner which will
provide for a fair and equitable burden of taxation for debt service;
e. The transition in implementing the plan, including elements that consider the
reasonable expectations of current officeholders or personnel such as delayed
effective dates for implementation;
f. A limited application or temporary implementation of the plan, including provisions
that permit implementation on a trial or experimental 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
g. Other provisions which are consistent with the powers and functions of a board of
park commissioners and with state law.
2. As a political subdivision of the state, the combined board of park commissioners has
the status of a board of city park commissioners, or the status of both a board of city
park commissioners and a board of county park commissioners if both are combined.
If applicable, all laws relating to the functions and powers of a board of city park
commissioners and, if city and county boards are combined, laws relating to the
functions and powers of a board of county park commissioners apply to a combined
board of park commissioners.
3. A plan for combining boards of park commissioners may not repeal or diminish any
general law of the state directing or requiring a board of park commissioners to carry
out any function or provide any service. A combined board of park commissioners,
resulting from a combination of boards of city and county park commissioners, may
levy taxes within the portion of the combined district outside city limits within the
limitations provided by law for a board of county park commissioners and may levy
taxes within the portion of the combined park district that is within city limits within the
limitations provided by law for city park districts. The plan must be approved by the
electorate in each affected city and county.
4. A plan adopted pursuant to this chapter may be revised or terminated through the
procedures set forth in this chapter for adopting a plan.