§ 54-40.4-05 — Ratification by majority vote - Effect of unification - Former powers preserved - Supersession of existing charters and conflicting state laws - Filing of copies of new charter

North Dakota § 54-40.4-05

• Jurisdiction: North Dakota
• Title 54: State Government
• Ch. 54-40.4: County-City Home Rule

Text

preserved - Supersession of existing charters and conflicting state laws - Filing of copies
of new charter.
1. If a majority of the qualified electors of the county and a majority of the qualified
electors of at least one city in the county voting on the question approves the charter, it
is ratified and becomes the organic law of the area on the first day of January or July
next following the election. However, the proposed charter may condition the approval
of the charter on separate approval by any number of specified counties or cities
participating in the charter process.
2. On the effective date, the separate corporate existence of the county and of each
participating city are unified into one unit of local government. The unified government
shall succeed to, possess, and own all of the assets and, except as otherwise
provided in the charter, becomes responsible for all the obligations and liabilities of
each affected county and city. Any provision of law authorizing contributions or aid of

any kind from the state or federal government to an affected county and city remains in
full force and effect with respect to the unified county-city government. All powers
granted any county or city by general law are granted to a home rule county-city.
3. The county-city home rule charter and the ordinances made pursuant to the charter
must be liberally construed to supersede, within the territorial limits and jurisdiction of
the affected area, any conflicting state law. The charter may not authorize the
enactment of ordinances to diminish the authority of boards of supervisors of a
township or to change the structure of township government in any organized civil
township, without the consent of the board of supervisors of the township. Any
ordinance of a unified county-city government does not supersede any specific
statutory limitation imposed on a home rule county or city.
4. One copy of the charter as ratified must be filed with the secretary of state, one with
the recorder, unless the board of county commissioners designates a different official,
for any affected county or city, and one with the officer of unified county-city
government responsible for maintaining permanent records. Courts shall take judicial
notice of the charter.