§ 61-16.1-11 — Joint exercise of powers (Retroactive application - See note)

North Dakota § 61-16.1-11

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-16.1: Operation of Water Resource Districts

Text

1. Two or more districts may, by agreement, jointly or cooperatively exercise any power
which is authorized a board by this title. The agreement shall state its purpose and the
powers to be exercised, and shall provide for the method by which the power or
powers shall be exercised. When the agreement provides for the use of a joint water
resource board, the joint board shall be representative of the boards which are parties
to the agreement. Notwithstanding other provisions of law, the agreement may specify
the number, composition, terms, or qualifications of the members of the joint board.
However, the joint board must consist of an equal number of members from each
district comprising the joint board. A joint board created under this section is a political
subdivision of the state.
2. The districts which are parties to such an agreement may provide for disbursements
from their individual budgets to carry out the purpose of the agreement. In addition, a
joint board established pursuant to this section may adopt, by resolution, on or before
July first of each year, a budget showing estimated expenses for the ensuing fiscal
year and the proposed contributions of each member district as determined by the
agreement. The boards of the member districts then shall levy by resolution a tax not
to exceed two mills upon the taxable valuation of the real property within each district
within the river basin or region subject to the joint agreement. The levy may be in
excess of any other levy authorized for a district.
3. The proceeds of one-half of this levy shall be credited to the joint board's
administrative fund and shall be used for regulatory activities and for the construction
and maintenance of projects of common benefit to the member districts. The
remainder shall be credited to the construction funds of the joint board and shall be
used for the construction and maintenance of projects of common benefit to more than
one district.
4. Funds may be paid to and disbursed by the joint board as agreed upon, but the
method of disbursement shall agree as far as practicable with the method provided by
law for the disbursement of funds by individual districts. Contracts let and purchases
made under the agreements shall conform to the requirements applicable to contracts
and purchases by individual districts. The joint board shall be accountable for all funds
and reports of all receipts and disbursements to the state water commission in a
manner prescribed by the commission.
5. The agreement may be continued for a definite term or until rescinded or terminated in
accordance with its terms. The agreement shall provide for the disposition of any
property required as the result of a joint or cooperative exercise of powers, and the
return of any surplus moneys in proportion to contributions of the several contracting
districts after the purpose of the agreement has been completed.
6. Residence requirements for holding office in a district shall not apply to any officer
appointed to carry out any agreement.
7. This section does not dispense with procedural requirements of any other statute
providing for the joint or cooperative exercise of any governmental power.