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40-49.1 Boards of Park Commissioners Combination

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CHAPTER 40-49.1BOARDS OF PARK COMMISSIONERS COMBINATION40-49.1-01. Combination of boards of park commissioners - Plan. The membershipand functions of a board of city park commissioners may be combined with one or more boards<br>of city park commissioners or with one or more boards of county park commissioners pursuant to<br>a plan adopted pursuant to this chapter. This chapter does not supersede the procedure and<br>requirements of chapter 11-28 with respect to the creation of a joint county park district. A<br>proposal for combining boards of park commissioners may be initiated:1.By execution of a joint powers agreement between participating city or county<br>boards of park commissioners incorporating a plan for combining boards of park<br>commissioners; or2.By a petition, signed by ten percent or more of the total number of qualified electors<br>of each affected city park district or county voting for governor at the most recent<br>gubernatorial election and submitted to the city park district or county, incorporating<br>a plan for combining boards of park commissioners.40-49.1-02. Election on combination plan. If a plan for combining boards of parkcommissioners is proposed by agreement or petition, the participating or affected boards shall<br>immediately submit the proposed plan to the governing bodies of the affected cities and, if<br>applicable, to the board of county commissioners of any affected county. Those boards shall<br>jointly submit the question of combination to the qualified electors of the affected cities and<br>counties at a primary or general election as specified in the agreement or petition within two<br>years of the initial submission of the agreement or petition, and shall cause the complete text, or<br>a fair and accurate summary, of the plan to be published in the official newspapers of the<br>affected cities and counties, not less than two weeks nor more than thirty days, before the date of<br>the election. The boards of park commissioners may, prior to the election, hold public hearings<br>and community forums and use other suitable means to disseminate information, receive<br>suggestions and comments, and encourage public discussion of the purpose and provisions of<br>the plan. The plan incorporated in the agreement or petition is effective and becomes operative<br>according to its terms if a majority of the qualified electors voting on the question in each affected<br>city or county approves the plan.40-49.1-03. Contents of plan - Effect of plan - Limitations - Revision or termination.1.Notwithstanding any other law regarding the structure of a board of park<br>commissioners, a plan for combining a board of city park commissioners with<br>another board of city park commissioners or a board of county park commissioners<br>may specify:a.The number, selection, functions, qualifications and training, and terms of the<br>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<br>personnel associated with the combined board and previous boards;d.Procedures for the transfer of powers, records, documents, and property, for<br>the equalization of the property, funds on hand, and debts, and for the<br>adjustment of existing bonded indebtedness and other obligations in a manner<br>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<br>reasonable expectations of current officeholders or personnel such as delayed<br>effective dates for implementation;Page No. 1f.A limited application or temporary implementation of the plan, including<br>provisions that permit implementation on a trial or experimental 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; andg.Other provisions which are consistent with the powers and functions of a board<br>of park commissioners and with state law.2.As a political subdivision of the state, the combined board of park commissioners<br>has the status of a board of city park commissioners, or the status of both a board of<br>city park commissioners and a board of county park commissioners if both are<br>combined. If applicable, all laws relating to the functions and powers of a board of<br>city park commissioners and, if city and county boards are combined, laws relating<br>to the functions and powers of a board of county park commissioners apply to a<br>combined board of park commissioners.3.A plan for combining boards of park commissioners may not repeal or diminish any<br>general law of the state directing or requiring a board of park commissioners to carry<br>out any function or provide any service. A combined board of park commissioners,<br>resulting from a combination of boards of city and county park commissioners, may<br>levy taxes within the portion of the combined district outside city limits within the<br>limitations provided by law for a board of county park commissioners and may levy<br>taxes within the portion of the combined park district that is within city limits within<br>the limitations provided by law for city park districts. The plan must be approved by<br>the electorate in each affected city and county.4.A plan adopted pursuant to this chapter may be revised or terminated through the<br>procedures set forth in this chapter for adopting a plan.Page No. 2Document Outlinechapter 40-49.1 boards of park commissioners combination