North Dakota Code 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:
Terms Used In North Dakota Code 11-05.1-03
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- Rule: includes regulation. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
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.