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11-05.1 County Consolidation Committee

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CHAPTER 11-05.1COUNTY CONSOLIDATION COMMITTEE11-05.1-01. County consolidation committee.1.Any two or more counties may create a county consolidation committee:a.By entering into a joint powers agreement or by joint resolution pursuant to<br>separate majority votes of the participating boards of county commissioners; orb.By direct initiative through petitions signed by ten percent or more of the total<br>number of qualified electors of each county voting for governor at the most<br>recent gubernatorial election.2.The composition of the committee is as prescribed in the joint powers agreement or<br>joint resolution, or as the composition or manner for determining the composition is<br>prescribed in the petition. However, the committee membership must include at<br>least one resident of each incorporated city in each county.3.Any vacancy may be filled as prescribed in the agreement or resolution or, if not<br>prescribed, by the board of county commissioners of the county that was<br>represented by the person vacating the position.4.The committee has at least one hundred twenty days in which to consider and file its<br>final report. After one hundred twenty days, the committee may be discharged by<br>motion of either board of county commissioners.11-05.1-02.Chairman - Secretary - Quorum.The committee shall select its ownchairman and shall appoint one of its members as secretary. A majority of the committee shall<br>constitute a quorum and a majority of such quorum may act upon all matters properly before the<br>committee.11-05.1-03. Powers and duties - Contents of plan.1.The committee, in studying and preparing a plan to consolidate the counties or<br>change county lines, shall consider and include in the plan as appropriate:a.The fiscal impact of the proposed county consolidation or change in county<br>lines and the economic viability of the proposed county or counties, including<br>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<br>proposed county or counties;c.The projected revenues available to the affected counties and the proposed<br>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<br>responsibilities from the affected counties to the proposed county or counties;f.A method or plan and timetable for redistricting the proposed consolidated<br>county, pursuant to the redistricting principles enumerated in chapter 11-07.<br>The redistricting process in the case of a change in county lines is as provided<br>in section 11-06-08;Page No. 1g.The procedure and plan for equalization of the assets and liabilities of the<br>affected counties, and procedures for negotiation and resolution of any<br>subsequent disagreement regarding the equalization of assets and liabilities;h.An adjustment of existing bonded indebtedness and other obligations in a<br>manner that will provide for a fair and equitable burden of taxation for debt<br>service;i.The estimated taxes, assessments, or other authorized charges necessary in<br>the proposed county to meet the liabilities in the first full fiscal year after the<br>proposed county is formed;j.The structure or form of county government and the selection, powers, duties,<br>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<br>any other special taxing district within the affected counties;l.The transition in implementing the plan, including elements that consider the<br>reasonable expectations of current officeholders such as compensation during<br>an unexpired term of office and delayed effective dates for implementation at<br>the end of a current term or a future term, upon the occurrence of a vacancy, or<br>on a date certain;m.The limited application or temporary implementation of the plan, including<br>provisions that permit implementation on an experimental or pilot basis such as<br>the expiration of the plan on a date certain in the future, required reapproval of<br>the plan by the electors at a future date, or a phased-in implementation of<br>various components of the plan; andn.Other considerations and provisions that the committee decides to include and<br>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<br>considered necessary for assistance, including institutions of higher education;c.Establish advisory subcommittees that include, if desired, persons who are not<br>members of the study committee;d.Hold public hearings and community forums and use other suitable means to<br>disseminate information, receive suggestions and comments, and encourage<br>public discussion of its purpose, progress, conclusions, and recommendations;<br>ande.Draft a multicounty home rule charter as a charter commission pursuant to<br>section 11-09.1-04.1, in lieu of proceeding pursuant to the provisions of chapter<br>11-05.11-05.1-04. Approval of consolidation plan. If the committee approves a consolidationplan, it must submit a report and a map showing the boundaries of the proposed county<br>consolidation or change in county lines to the board of county commissioners of each affected<br>county. The report may also be made available to all interested persons. When the report and<br>map have been received by the respective boards of county commissioners, the boards of<br>county commissioners of each county shall act pursuant to chapter 11-05 or 11-06.Page No. 211-05.1-05.Approval of new county government plan.If the committee shallrecommend a new form of county government among the optional plans provided by law, they<br>shall submit a report of their findings to the board of county commissioners. If the plan submitted<br>by the committee is the consolidated office form of government, the board of county<br>commissioners shall proceed as provided in chapter 11-08 or if the plan is that of county<br>managership form, then the board of county commissioners shall proceed as provided in chapter<br>11-09.11-05.1-06. Expenses. Except as otherwise provided by the implementing joint powersagreement, joint resolutions, or petitions, each member of the committee is entitled to receive<br>from the county the actual and necessary expenses incurred by that member in attending<br>scheduled meetings and in performance of official duties in the same manner and amounts as<br>members of the board of county commissioners, but shall receive no salary or compensation for<br>services performed.All expenses of the committee must be paid from county funds afterapproval of these expenses by the boards of county commissioners in the same manner as other<br>general county expenses.Page No. 3Document Outlinechapter 11-05.1 county consolidation committee