2014 North Dakota Century Code Title 11 Counties Chapter 11-11 Board of County Commissioners
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CHAPTER 11-11
BOARD OF COUNTY COMMISSIONERS
11-11-01. Number of county commissioners.
Each organized county shall have a board of county commissioners which shall consist of
not less than three nor more than five members.
11-11-02. Commissioner must be resident of district - Exceptions.
Each county commissioner shall be chosen by the qualified electors of the district of which
the commissioner is a resident, except as otherwise provided in section 11-07-03 or 11-07-06.
11-11-03. Term of office of commissioners.
A county commissioner shall hold office for the term of four years except as otherwise
provided in this title.
11-11-03.1. Commissioners' service on other boards - Term.
Except as otherwise provided in this section, a member of a board of county commissioners
who is appointed to serve on another board by the board of county commissioners or who is a
member of another board because of the individual's status as a member of the board of county
commissioners may serve on the other board only so long as the individual is a member of the
board of county commissioners. After the individual is no longer a member of the board of
county commissioners, the board of county commissioners may reappoint the individual to serve
on the other board unless membership on the board of county commissioners is a requirement
of membership.
11-11-04. Specific provisions to be contained in bond of county commissioners.
The bond of a member of the board of county commissioners shall be conditioned for the
faithful performance and discharge, according to law, of the official duties of the office and the
rendition of a true, accurate, and full account of all business transactions, powers, and trusts of
every kind and nature that shall come before the member or into the member's hands as such
officer. The bond shall cover all the business of the county done by the member and shall
protect the county against all the member's acts of omission as well as of commission, including
all errors caused by carelessness or inattention in office.
11-11-05. Meetings of board - Time and place.
The board of county commissioners shall meet and hold regular meetings for the
transaction of business at a time and place to be designated by the commission on a date
certain established by resolution or ordinance of the commission. The county auditor shall have
power to call special meetings when the interests of the county demand it. The chairman of the
board, or a majority of the members thereof, may call special meetings that must be noticed in
accordance with section 44-04-20.
11-11-06. Sessions of board to be public - County matters heard at session only.
The meetings of the board of county commissioners shall be open to the public. All matters
pertaining to the affairs of the county shall be considered by the board in session only, but it
may continue any business from a regular session to a day between regular sessions.
11-11-07. Quorum - Tie vote defers decision.
A majority of the members elected or appointed to the board of county commissioners shall
constitute a quorum for the transaction of its business. When the board is equally divided on any
question, it shall defer its decision thereon until its next meeting, at which time the matter shall
be decided by a majority of the members of the board.
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11-11-08. Chairman - Election - Duties.
At the first meeting of the board of county commissioners each year, the members of the
board shall elect one of their number chairman, who shall act as chairman of such board during
the year in which the chairman is elected or until the chairman's successor is elected, and in
case of a vacancy from any cause whatever, the board shall elect another chairman. The
chairman shall preside at the meetings of the board. All orders made by the board shall be
signed by the chairman and attested by the county auditor as clerk of the board, except that
claim vouchers or other orders directed to the auditor as authorization for the issuance of
warrants shall not be attested by the auditor.
11-11-09. County seal.
The board of county commissioners shall procure and keep a seal with such emblems and
devices as it may think proper, which shall be the seal of the county, and no other seal shall be
used by the county auditor. The impression of the seal shall be sufficient sealing in all cases
when sealing is required.
11-11-10. Power of board to preserve order - Fines - Collection.
The board of county commissioners has power to preserve order when sitting as a board
and may punish contempts by fines of not more than five dollars or by imprisonment in the
county jail for not more than twenty-four hours. The board may enforce obedience to its orders
by attachment or other compulsory process, and when fines are assessed by it, they may be
collected before any district judge having jurisdiction, and, within ten days after they are
collected, must be paid into the treasury of the county to be added to the state school fund.
11-11-11. General duties of board of county commissioners.
The board of county commissioners:
1. Shall superintend the fiscal affairs of the county.
2. Shall supervise the conduct of the respective county officers.
3. May cause to be audited and verified the accounts of all officers having the custody,
management, collection, or disbursement of any moneys belonging to the county or
received in their official capacity.
4. Before March fifteenth of each year, shall have the county auditor prepare general
purpose financial statements in accordance with generally accepted accounting
principles. Public notice that financial statements have been prepared and are
available for inspection must be published in the official newspaper.
11-11-12. Board of county commissioners to provide courts with supplies and
attendants.
Repealed by S.L. 1991, ch. 326, § 203.
11-11-13. Board to ascertain amount of satisfaction of tax lien money.
The board of county commissioners, at the first meeting of the board each year, shall
examine the county treasurer's satisfaction of tax lien book and stub receipts and ascertain the
amount of satisfaction of tax lien money in the treasury, and shall require the treasurer to
account for the same.
11-11-14. Powers of board of county commissioners.
The board of county commissioners shall have the following powers:
1. To institute and prosecute civil actions for and on behalf of the county and in its name.
2. To make all orders respecting property of the county.
3. To levy a tax not exceeding the amount authorized by law.
4. To control the finances, to contract debts and borrow money, to make payments of
debts and expenses, to establish charges for any county or other services, and to
control the property of the county.
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To construct and repair bridges and to open, lay out, vacate, and change highways in
the cases provided by law. But the board may not contract for the construction of
bridges costing more than one hundred dollars without first complying with the
provisions of chapter 24-08.
To establish election precincts in the county in areas outside the boundaries of
incorporated cities except as provided in chapter 16.1-04.
To equalize the assessments of the county in the manner provided by law.
To furnish to the county officers the necessary telephone, postage, telephone and
telegraph tolls, and all other things necessary and incidental to the performance of the
duties of their respective offices to be paid out of the county treasury.
To furnish a fireproof safe in which to keep all the books, records, vouchers, and
papers pertaining to the business of the board.
To dispose of property of the county in the manner provided in chapter 11-27.
To purchase lands in lieu of those sold.
To grant to any person the right of way for the erection of telephone lines, electric light
systems, water or wastewater systems, or gas or oil pipeline systems over, under, or
upon public grounds, county streets, roads, or highways.
To establish a garbage and trash collection system encompassing all or any part of the
territory of the county. The words "garbage and trash collection system" include the
operation and maintenance of one or more sanitary landfill sites, or other types of
processing sites for the disposal of trash and garbage. The board may operate such
system in cooperation with any one or more political subdivisions of this or any other
state in accordance with chapter 54-40. The board may borrow money by issuing
certificates of indebtedness, repayable from fees or special assessments, or both,
which may be charged to the proper parcels of land or to persons receiving the direct
benefits of the garbage and trash collection system, or repayable in such other manner
as may be provided by law, in order to purchase the initial equipment and land
necessary for operation of the system. If the board resolves to establish such a
system, the expenses of establishing, operating, and maintaining it may be financed
by fees charged to persons receiving direct benefits or by special assessment against
the parcels of land properly charged therewith, or by both such fees and assessments.
The assessment may be made, published, altered, appealed from, and confirmed
under the procedures set forth in chapter 11-28.1.
To maintain, in its discretion, all public roads and private highways and roads that are
being used as part of regularly scheduled public schoolbus routes.
To expend county funds for the purpose of participating in an organization of county
governments pursuant to section 11-10-24. This subsection does not authorize a mill
levy, and the limitations embodied in section 57-15-06 apply to expenditures under this
subsection, which expenditures shall be from the county general fund.
To expend county funds to finance in part or entirely for county employees a group
insurance program for hospital benefits, medical benefits or life insurance, and a group
retirement program through either the state retirement program or a private company.
To do and perform any other duties prescribed by law.
To loan or grant money to and secure a mortgage from individuals, associations,
corporations, or limited liability companies and to purchase ownership shares in
corporations, limited liability companies, or other business associations as provided
through the procedures established by the state's community development block grant
program established pursuant to the Housing and Community Development Act of
1974 [Pub. L. 93-383; 88 Stat. 633; 42 U.S.C. 5301 et seq.]. This power applies to all
community development block grant transactions of the board of county
commissioners, including any transactions prior to July 1, 1987. The county is not
lending its funds or extending its credit to any individual, association, or organization
under this subsection and no general liability on the part of the county is incurred.
To license, tax, and regulate pawnbrokers outside of municipalities.
To acquire by lease, purchase, gift, condemnation, or other lawful means and to hold
in its name for use and control as provided by law, both real and personal property and
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easements and rights of way within the county for all purposes authorized by law or
necessary to the exercise of any power granted.
To participate and enact or adopt ordinances and resolutions necessary for
participation in the nation's historic preservation program as a certified local
government, as provided for under 36 CFR 61.6.
To regulate the confinement and control of dogs, cats, and other household pets,
provided the regulations do not conflict with rules adopted by the state board of animal
health.
11-11-15. Board may obtain copies of field notes and plats made by United States
government.
The board of county commissioners may procure for its county certified copies of the field
notes and plats of the original surveys by the United States of the lands within its county and
may cause a map of the county to be constructed therefrom on a scale of not less than one inch
[2.54 centimeters] to a mile [1.61 kilometers] laid off in congressional townships and sections.
When obtained, such notes and plats shall be bound substantially in book form, and together
with the map of the county, shall be deposited in the office of the county auditor and kept open
for the benefit of the public.
11-11-16. Board has power to erect, repair, and maintain buildings from current
revenue.
The board of county commissioners may provide for the purchase, erection, repair, and
maintenance of the courthouse, hospitals, jails, and other necessary buildings within and for the
county. It may purchase the sites for such county buildings if necessary and may make
contracts on behalf of the county for the building, repairing, and maintaining thereof if the
expenditures therefor are not greater than can be paid out of the revenue of the county for the
current year. The board shall have the entire supervision of the construction of such buildings.
11-11-17. Board of county commissioners may supervise the building or repairing of
roads, bridges, and property of the county - Compensation.
Whenever the board of county commissioners of any county is required by law to lay out,
oversee, and supervise the building or repairing of roads and bridges, including the appointment
of a district overseer of highways' duties in unorganized territory, or the building or repairing of
any property owned by the county, the board may appoint or designate one or more members of
the board personally to lay out, oversee, or supervise the building or repairing of any such
roads, bridges, or property. Each commissioner is entitled to receive as compensation for
services the sum of five dollars per day and the mileage provided by law for members of the
board of county commissioners.
11-11-18. Board to submit extraordinary outlay to vote.
The board of county commissioners shall submit to the electors of the county at any regular
or special election any proposal for an extraordinary outlay of money by the county when the
proposed expenditure is greater in amount than can be provided for by the annual tax levies. If
the board considers the courthouse, jail, or other public buildings of the county inadequate for
the needs of the county or deems it necessary to build a county hospital, and if it is thought that
it is not for the best interests of the county to issue bonds to aid in the construction of such
buildings or that the construction of such buildings by any other procedure is not for the best
interests of the county, it shall submit to the electors of the county, at any regular or special
election, the proposal for the construction of a courthouse, jail, or other public building by
establishing a building fund to aid in the construction thereof. The requirements of this section
shall not apply to lease-purchase agreements authorized by section 24-05-04.
11-11-19. When commissioners may purchase land without election.
If, in the opinion of a majority of the members of the board of county commissioners,
acquisition of land is, or may become, necessary for the courthouse or the jail, or for the
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purpose of beautifying county buildings, or to prevent the erection of other buildings so near to
the courthouse and jail that the transaction of public business will be inconvenienced, the board,
by a majority vote of its members, may purchase such land without submitting the question to a
vote of the electors of the county. The money required for the purchase of the additional land
shall be raised in the manner in which money is raised for general county purposes.
11-11-20. Notice of election on question of extraordinary expenditure.
Notice of the election on the proposal to make an extraordinary expenditure of county funds
shall be published in the official newspaper of the county for four successive weeks. The notice
shall set forth the whole question to be submitted, including the amount of money to be raised,
the amount of the tax desired to be levied, or the rate per annum and the years in which the tax
is to be levied, the precise purpose for which the money is to be expended, the time when the
question will be voted upon, and the form in which the question will be submitted. If the county
does not have an official newspaper, the publication shall be made by posting the notice in at
least one of the most public places in each election precinct in the county. A copy of the
question shall be posted at each voting place during the day of election.
11-11-21. Proposition to tax must accompany question submitted.
When the question of extraordinary expenditure submitted to the electors of the county
involves the establishment of a building fund for the construction of buildings or the borrowing or
expenditure of money, the question must be accompanied by a proposition to levy a tax to
provide for the payment thereof in addition to the usual taxes required to be levied. A vote
adopting the proposition shall not be valid unless it adopts the amount of tax to be levied to
meet the appropriation or liability incurred.
11-11-22. Vote necessary - How tax levied and collected.
If a majority of the votes cast on the question of making an extraordinary expenditure of
county funds authorizes the tax, the board of county commissioners shall authorize it to be
levied and collected in the same manner and at the same time as the general tax is collected. A
new assessment shall not be made for a special tax.
11-11-23. Record of vote - Board cannot rescind.
The board of county commissioners, upon being satisfied that the requirements of this
chapter have been substantially complied with and that a majority of the votes cast are in favor
of the proposition submitted, shall cause such proposition and a record of the vote to be entered
at large upon the book containing a record of its proceedings. Propositions thus acted upon
cannot be rescinded by the board.
11-11-24. Limitation on tax levy for extraordinary expenditure.
The rate of tax levied by the board of county commissioners for an extraordinary outlay of
money may not exceed the limitation in section 57-15-06.8. When the object is to establish a
building fund to aid in the erection of public buildings, the rate must be such as to raise the fund
within six years, and the total sum to be so raised, including the then existing indebtedness of
the county, may not exceed five percent of its assessed valuation. A special tax levied under this
chapter, after becoming delinquent, shall draw the same rate of interest as ordinary taxes.
11-11-25. Money applied only to expenditure for which raised.
Money raised by the board of county commissioners for an extraordinary expenditure is
appropriated specifically and constitutes a fund distinct from all other funds in the hands of the
county treasurer until the obligations assumed are discharged.
11-11-25.1. Disposition of unexpended and unencumbered county taxes levied for a
specific purpose.
If any county shall levy a tax for a specific purpose and the moneys collected are not
expended or encumbered within two years after their collection, the board of county
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commissioners may deposit such taxes in the county general fund or authorize their expenditure
by any political subdivision having authority to carry out the purpose for which the taxes were
originally levied.
11-11-26. When board shall advertise for bids.
Except as provided in chapter 48-01.2, when the amount to be paid during the current year
for the erection of county buildings or for election ballots and supplies exceeds ten thousand
dollars, the board of county commissioners shall cause an advertisement for bids to be
published at least once each week for two successive weeks in the official newspaper of the
county and in such other newspapers as it shall deem advisable. The first publication shall be
made at least fifteen days before the day set for the opening of the bids. For the purchase of
fuel when the amount exceeds four thousand dollars, the board of county commissioners shall
seek bids either by telephone solicitation from at least two suppliers, or by an advertisement for
bids to be published at least once each week for two successive weeks in the official newspaper
of the county and in other newspapers as the board deems advisable.
11-11-27. Contents of advertisement - When bids may be opened - Lowest bidder
accepted.
The advertisement shall state what supplies are required or where the plans and
specifications may be examined, the time allowed for the completion of the examination, and
when the bids will be opened and passed upon by the board of county commissioners. The bids
may be opened and passed upon at a regular or adjourned session of the board, or at a
meeting called by the county auditor as provided in section 11-11-05. The bid of the lowest
responsible bidder shall be accepted, but the board shall have power to reject any or all bids.
11-11-28. Bid must be accompanied by a bond - When certified or cashier's check
allowed.
A bid shall be accompanied by a separate envelope containing a bidder's bond in a sum
equal to five percent of the full amount of the bid, executed by the bidder as principal and by a
surety company authorized to do business in this state as a guarantee that the bidder will enter
into the contract if it is awarded to the bidder and that the bidder will furnish the necessary bond.
When the bid is ten thousand dollars or less, the bidder may in lieu of such bond accompany the
bid with a separate envelope containing a certified or cashier's check equal to five percent of the
full amount of the bid made payable to the board with authority and direction to the board that if
the bidder is successful in obtaining the award and fails to enter into the contract, the board may
endorse, deposit, and receive the face amount of the certified or cashier's check as liquidated
damages.
11-11-29. Contract - Form - Contents - Majority vote necessary - When payment made.
A contract shall be entered into under the provisions of this chapter only after it has been
approved by the vote of a majority of the members of the board of county commissioners. The
contract shall be made in writing and may be signed on behalf of the board by the chairman
thereof and the county seal affixed thereto. The contract shall provide that not more than
seventy percent of the contract price shall be paid until the contract is executed and completed
to the satisfaction and acceptance of the board of county commissioners, its architect, or
authorized superintendent. Payment to the extent of seventy percent of the contract price may
be made from time to time during the process of construction or as supplies are furnished, and
may be divided into such installments as the board may agree upon.
11-11-30. When contracts for furnishing election supplies let.
Contracts for the furnishing of election ballots and supplies shall be let by the board of
county commissioners at its first regular meeting in April of each year to run for a period of one
year.
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11-11-31. Construction of public buildings - Bond of contractor.
Repealed by S.L. 1995, ch. 443, § 29.
11-11-32. Commissioners may employ architect - Compensation.
Repealed by S.L. 1979, ch. 163, § 1.
11-11-33. Special funds may be transferred.
Whenever there remains in the treasury of a county an unexpended balance of a special
fund and all claims against the fund have been paid, and the purpose for which it was created
has been subserved fully, and there remains no further use for the balance for the purpose for
which the fund was created, the board of county commissioners may transfer the balance to any
other fund of the county or to the subdivision to which the balance belongs.
11-11-34. Auditing building accounts of board of county commissioners.
The county auditor, county treasurer, and some qualified elector and freeholder of the
county appointed by the board of county commissioners from outside of its own number shall
act as a board of auditors to audit accounts of the board of county commissioners in connection
with the erection of county buildings. The members of such board of auditors shall receive for
their services the sum of three dollars each for every day actually and necessarily employed in
such capacity, to be paid upon the warrant of such board of county commissioners.
11-11-35. Board to keep records of proceedings.
The board of county commissioners shall keep a book in which all orders and decisions
made by it shall be recorded. Such book shall be known as "a record of the proceedings of the
board of county commissioners". All orders and vouchers for the allowance and payment of
moneys from the county treasury shall state on what account and to whom the allowance is
made. The same shall be dated and numbered with the number of the warrant issued in
payment thereof. Approval of orders and vouchers shall be recorded in the record of the
proceedings and this shall be sufficient to indicate approval without requiring a majority of the
board to sign or initial the orders and vouchers.
11-11-36. Order of business.
The board of county commissioners shall conduct the business of its meetings under the
following order of business:
1. Meeting called to order by chairman of the board.
2. Roll call of members.
3. Reading of minutes of previous meeting, corrections to be made, if any, and approval.
4. Signing of minutes of previous meeting by the chairman of the board and attesting of
the same by the county auditor.
5. Auditing and disposition of claims against the county either by approval or rejection.
6. Such other business as may properly come before the board.
11-11-37. Proceedings of board of county commissioners to be published in official
newspaper - When published.
The board of county commissioners shall supply to the official newspaper of the county a
full and complete report of its official proceedings at each regular and special meeting no later
than seven days after the meeting at which the report is read and approved. The publisher of
the official newspaper shall publish the report in the issue of the paper next succeeding the time
of its reception and shall file with the county auditor an affidavit of publication executed in the
proper form.
11-11-38. Proceedings of county commissioners - Copies received as evidence.
Copies of the proceedings of the board of county commissioners, duly certified and attested
by the county auditor under seal, shall be received as evidence in all courts of this state.
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11-11-39. Appeal from decision of board by aggrieved person - Bond - Costs and fees
payable.
An appeal may be taken to the district court from any decision of the board of county
commissioners by any aggrieved person. The appellant shall file an undertaking in such
reasonable sum and with such sureties as may be approved by the county auditor, conditioned
that the appellant will prosecute the appeal without delay and will pay all costs adjudged against
the appellant in the district court. The undertaking shall be payable to the county. The district
court may at its discretion award costs and reasonable attorney's fees to appellants when three
or more aggrieved persons have joined in an appeal from a decision of the board of county
commissioners and the court rules in favor of the appellants.
11-11-40. Appeal from decision of board by county by state's attorney on demand.
Repealed by S.L. 1975, ch. 94, § 1.
11-11-41. Notice.
If the decision from which an appeal is taken relates to tax refunds, tax abatements, or other
matters relating to taxation, in addition to the notice of appeal required by section 28-34-01, a
notice of appeal also must be served by registered mail upon the state tax commissioner.
11-11-42. When appeal filed - When tried.
An appeal from a decision of a board of county commissioners shall be filed on or before
the first day of the term of the district court following the taking of the appeal, and the cause
shall stand for trial at such term.
11-11-43. Appeals docketed - Procedure.
All appeals taken from decisions of a board of county commissioners must be docketed as
other causes pending in the district court. Section 28-34-01 governs all appeals taken under
sections 11-11-39 through 11-11-43.
11-11-44. District court may enter final judgment on appeal - Enforcement.
The district court may enter a final judgment on an appeal from a decision of a board of
county commissioners and cause the judgment to be executed, or it may send the judgment to
the board with an order showing how to proceed. The court may require the board to comply
with its order by mandamus or by attachment for contempt.
11-11-45. Judgments against counties - Power of board of county commissioners.
When a judgment is obtained against a county, the board of county commissioners, at any
time after the expiration of six months from the rendition thereof, may assess and collect, within
the tax levy limitation prescribed by this code, a sufficient amount of revenue to pay off and
discharge the judgment.
11-11-46. Payment of judgment obtained by state or an agency thereof against county
- Duty of county commissioners and auditor.
When a final judgment is obtained against a county by the state, or by any agency, bureau,
department, or officer thereof, and a certified copy of the judgment has been filed with the
county auditor, the board of county commissioners, at the meeting at which it levies taxes for
general county purposes, shall levy an irrepealable tax upon all of the taxable property in the
county in an amount sufficient to pay and discharge the judgment. When the county auditor
annually extends the taxes for general county purposes, the auditor shall also extend sufficient
mills upon the tax list against all of the taxable property in the county to pay the judgment in full
in annual installments over a period not exceeding eight years. Levies made under this section,
however, shall not exceed the limitation in subsection 7 of section 57-15-06.7.
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11-11-47. Tax is paid into judgment payment fund.
All taxes collected from levies made pursuant to section 11-11-46 shall be paid into a
special fund to be established by the county treasurer to be known as the judgment payment
fund and shall be used and disbursed only for the purpose of paying the judgment or judgments
for the payment of which the levy was made. Whenever there is money in the fund, the county
auditor shall draw the county auditor's warrant for the amount in the fund in favor of the
judgment creditor or creditors or assigns, upon a pro rata basis, until the judgment or judgments
are paid in full. Any balance remaining in the fund after the judgment or judgments shall have
been paid in full shall be transferred to the county general fund upon resolution of the board of
county commissioners.
11-11-48. Property in county not subject to seizure for judgment.
The property of a county and of persons owning property situated or liable to taxation
therein shall not be subject to the lien of a judgment against the county nor to seizure or sale
upon execution or other process of any court issued in connection with any such judgment.
11-11-49. Board may offer reward.
The board of county commissioners may offer a reward for the apprehension and conviction
of each individual violating any of the provisions of chapters 12.1-21 and 12.1-23.
11-11-50. Former members of armed services' room in courthouses.
The board of county commissioners shall equip and maintain adequate rooms in the
courthouse for the exclusive use of former members of the armed services who served in any
war in which the United States has been engaged if the county seat has a population of over ten
thousand inhabitants and a memorial building has not been erected in such municipality.
11-11-51. Petitions to board of county commissioners - Qualifications of signers.
The signers of any petition presented to the board of county commissioners praying for the
expenditure of county funds shall be qualified electors of the district affected by the petition.
11-11-52. Board may provide room for historical society.
The board of county commissioners of any county, or the governing body of any municipal
corporation, or the board of any public library in the state is hereby authorized and empowered
to furnish a room or rooms in the county courthouse, in a municipal building, or in a public library
building, as the case may be, for the use of the historical society of such county, and to furnish
light and heat therefor.
11-11-53. Appropriation for historical works - Authorization of tax levy - Approval of
state historical society and attorney general.
1. The board of county commissioners of any county may appropriate out of the general
fund of the county a sum, not exceeding five thousand dollars annually, to be paid to
the historical society of the county and used for the promotion of historical work within
the borders of the county, including the collection, preservation, and publication of
historical material, and to disseminate historical information of the county, and in
general to defray the expense of carrying on historical work in the county.
2. The board of county commissioners may levy a tax, not exceeding the limitation in
subsection 8 of section 57-15-06.7, for the promotion of historical works within the
borders of the county and in general defray the expense of carrying on historical work
in the county, including the maintenance of any historical room or building, and
furthering the work of the historical society of the county. The levy is in addition to any
moneys appropriated from the general fund of the county for historical work as
provided in subsection 1. The board of county commissioners may, by resolution,
submit the question of an additional tax levy to the qualified electors of the county at
the next countywide general, primary, or special election. If sixty percent of the
qualified electors voting on the question approve, a tax must be levied not exceeding
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the limitation in subsection 8 of section 57-15-06.7, which tax may be expended as
provided in this section.
The appropriation and levy authorized by this section may not be used to defray any
expenses of a county historical society until it is incorporated under the laws of this
state as a nonprofit corporation, is affiliated with and has its articles of incorporation
and bylaws approved by the state historical society and the attorney general, and has
contracted with the board of county commissioners in regard to the manner in which
the funds received will be expended and the services to be provided. Historical
societies that qualified for county funds under subsection 1 before July 1, 1965, are
not required to have articles of incorporation and bylaws approved by the attorney
general to receive funds under subsection 1.
11-11-53.1. Donation of historical artifacts.
Any historical object or artifact given, donated, or otherwise acquired by a county historical
society shall revert to the state historical society if such local society should cease to function,
exist, or no longer operate, unless the donor of such object or artifact should attach other
conditions to the gift or artifact. If the county historical society should terminate its operations or
should find that it no longer needs a historical object or an artifact, such society may give or
trade such object or artifact to any other county historical society.
11-11-54. Nonprofit fair corporations - Receipt of real or personal property for fair
purposes.
The board of county commissioners of any county in this state which has received a gift real
or personal property to be used for fair purposes is hereby authorized to transfer such property,
or if the property is sold by the board of county commissioners, then to transfer the proceeds
therefrom, to any nonprofit corporation in such county organized for the purpose of conducting
an annual county fair. The nonprofit fair corporation upon receipt of such real or personal
property shall agree to sponsor and conduct in the county an annual county fair for such number
of years as may be agreed upon by the corporation and board of county commissioners.
11-11-55. County may agree to make improvements on private roads - Costs of
improvements to constitute lien on real estate.
The board of county commissioners shall have the power to enter into agreements with
private landowners for the purpose of making improvements on private roads. The board shall
charge the landowner for the improvements made pursuant to such agreement, and such
charges shall constitute a lien upon the real estate of the landowner in the same manner as
personal property taxes are made a lien upon real estate as provided in chapter 57-22.
11-11-55.1. Petition or resolution for improvements - Levy of special assessments.
The board of county commissioners of any county, by resolution or upon receipt of a petition
of sixty percent of the landowners in a defined area, outside of the limits of any incorporated
city, may install the petitioned improvements as benefit the defined area, provide for the
financing of the improvements, and levy special assessments for the payment of all or part of
the improvements within the defined area. In providing for the improvements, the county shall
have the authority granted to municipalities in chapters 40-22, 40-23, 40-23.1, 40-24, 40-25,
40-26, 40-27, and 40-28, and the county shall comply with the provisions of those chapters in
making the improvements. Whenever action is required of city officials in those chapters, the
comparable county officials shall take the action.
11-11-56. Comprehensive health planning by counties and county funding of
areawide comprehensive health planning.
Any county may engage in comprehensive health planning and may appropriate funds to an
areawide comprehensive health planning organization organized and approved under
provisions of the state plan for comprehensive health planning, whether such organization be a
public agency or private corporation.
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11-11-57. Counties may cooperate in predatory animal and injurious rodent control.
Boards of county commissioners may perform, within their respective counties, predatory
animal, destructive bird, and injurious rodent control as defined in section 4-01-17.1, and may
enter into cooperative agreements with the agriculture commissioner and the United States
department of agriculture for this purpose.
11-11-57.1. Funds available for predatory control.
In order to perform bird and animal control, boards of county commissioners are authorized
to make necessary expenditures from county special funds available for this purpose or from the
county general or contingent funds.
11-11-58. Programs and activities for senior citizens - Expenditure of funds.
The board of county commissioners is authorized to establish or maintain programs and
activities for senior citizens, including the expansion of existing senior citizen centers which will
provide recreational and other leisure-time activities, informational, health, welfare, counseling,
and referral services for senior citizens, and assist such persons in providing volunteer
community or civic services. The board is authorized to expend funds received from state,
federal, or private sources for the public purposes provided for in this section. No expenditure
authorized by this section shall be made to defray any expenses or any organization or agency
until such organization or agency is incorporated under the laws of this state as a nonprofit
corporation and has contracted with the board in regard to the manner in which such funds will
be expended and the services to be provided. An organization or agency and its program which
receives such funds shall be reviewed or approved annually by the board to determine its
eligibility to receive funds under the provisions of this section.
11-11-59. Creation of booster station by election.
When a petition signed by not less than twenty percent of the qualified electors of the
county, as determined by the vote cast for the office of governor at the last preceding
gubernatorial election, requesting an election upon the question of establishing a television
booster station, ultrahigh frequency, hereinafter referred to as an ultrahigh frequency booster
station, is presented to the board of county commissioners, the board of county commissioners
shall submit the question to the qualified electors of the county at the next countywide election.
Upon approval by sixty percent of the votes cast, the board of county commissioners shall
establish an ultrahigh frequency booster station, within the limits of the county, at a site to be
named and established by the board of county commissioners.
11-11-60. Booster station tax levy authorized.
The board of county commissioners of any county in the state in which an ultrahigh
frequency booster station has been voted on and approved by the people as provided for in
section 11-11-59 may levy the amount necessary for such purpose, which levy shall not exceed
the limitation in subsection 9 of section 57-15-06.7.
11-11-61. Booster station levy exemptions - Townships not served.
When a petition signed by not less than twenty percent of the qualified electors of a
township, not served by the ultrahigh frequency booster station, as determined by the vote cast
for the office of governor at the last preceding gubernatorial election, is presented to the board
of county commissioners requesting an exemption from the provisions of section 11-11-60, the
board of county commissioners shall submit the question to the board of township supervisors
who shall submit the question to the electors of the township at the next township election. Upon
certification of the board of township supervisors to the board of county commissioners of
approval by a majority of the votes cast, the board of county commissioners shall exempt the
township from the tax levy as provided in section 11-11-60.
11-11-62. County restriction of adult establishments - Definitions.
1. As used in this section, unless the context otherwise requires:
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a.
2.
"Adult bookstore" means a bookstore having as a preponderance of its
publications, books, magazines, and other periodicals which are distinguished or
characterized by their emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical areas as defined in this
subsection.
b. "Adult establishment" means either an adult bookstore, an adult motion picture
theater, an adult mini-motion picture theater, or a massage business, all as
defined in this subsection.
c. "Adult mini-motion picture theater" means an enclosed building with a capacity for
less than fifty persons used for presenting motion pictures, a preponderance of
which are distinguished or characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or specified anatomical areas
as defined in this subsection, for observation by patrons of the theater.
d. "Adult motion picture theater" means an enclosed building with a capacity of fifty
or more persons used for presenting motion pictures, a preponderance of which
are distinguished or characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or specified anatomical areas
as defined in this subsection, for observation by patrons of the theater.
e. "Massage" means the manipulation of body muscle or tissue by rubbing, stroking,
kneading, or tapping, by hand or mechanical device.
f. "Massage business" means any establishment or business wherein massage is
practiced, including establishments commonly known as health clubs, physical
culture studios, massage studios, or massage parlors.
g. "Sexually oriented devices" means without limitation any artificial or simulated
specified anatomical area or any other device or paraphernalia that is designed in
whole or in part for specified sexual activities.
h. "Specified anatomical areas" means:
(1) Less than completely and opaquely covered human genitals and pubic
regions, buttocks, or female breasts below a point immediately above the
top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
i. "Specified sexual activities" means:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy; or
(3) Fondling or other erotic touchings of human genitals and pubic regions,
buttocks, or female breasts.
The board of county commissioners of any county may, upon proper resolution,
provide that:
a. No building, premises, structure, or other facility that contains any adult
establishment, as defined in subsection 1, shall contain any other kind of adult
establishment.
b. No building, premises, structure, or other facility in which sexually oriented
devices, as defined in subsection 1, are sold, distributed, exhibited, or contained
shall contain any adult establishment, as defined in subsection 1.
11-11-63. Spouse abuse programs - Expenditure of funds.
The board of county commissioners may establish or maintain spouse abuse programs. For
the purposes of this section, a spouse abuse program is a program that provides emergency
housing for victims of domestic violence and their dependents, plus some or all of these
additional services: counseling, advocacy, community education on domestic violence, support
groups, twenty-four-hour crisis lines, or referral to other sources for services not provided by the
spouse abuse program. The board of county commissioners may expend funds received from
governmental or nongovernmental sources for the purpose of providing spouse abuse programs
and providing grants to private organizations or agencies who provide such programs. No
expenditure authorized by this section may be made to defray any expense of an organization
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or agency until the organization or agency is incorporated under the laws of this state as a
nonprofit corporation and has contracted with the board in regard to the manner in which such
funds will be expended and the services will be provided. An organization or agency and its
program which receives these funds must be reviewed for approval annually by the board of
county commissioners to determine its continued eligibility to receive funds under this section.
11-11-64. Bond guarantee fund - Purpose - Limitations.
The board of county commissioners of any county having a population of not more than two
thousand may establish a bond guarantee fund as provided in this section. The bond guarantee
fund may be used to guarantee the indebtedness of nonprofit corporations organized for the
purpose of constructing and operating nursing homes and related health care facilities located in
this state. The nursing home or related health care facilities need not be located within the
boundaries of the county establishing the bond guarantee fund. The board of county
commissioners shall establish the terms and conditions of any agreements entered under this
section. The funds used to guarantee a project under this section must be deposited in a
federally insured account in such amounts as are determined necessary to guarantee the
indebtedness of the nonprofit corporation incurred for the purposes authorized under this
section. Nothing in this section is to be construed as creating an indebtedness of the county or
the state or as incurring any liability on the county or the state, except the liability payable solely
from the assets of the bond guarantee fund.
11-11-65. Programs and activities for handicapped persons - Expenditure of funds.
The board of county commissioners may establish or maintain programs and activities for
handicapped persons, including recreational and other leisure-time activities and informational,
health, welfare, transportation, counseling, and referral services. The board may expend funds
received from state, federal, or private sources for the public purposes provided for in this
section. No expenditure may be made to defray any expenses of any organization or agency
until the organization or agency is incorporated under the laws of this state as a nonprofit
corporation and has contracted with the board in regard to the manner in which the funds will be
expended and the services will be provided. An organization or agency that receives the funds
must be reviewed or approved annually by the board to determine its eligibility to receive funds
under this section.
11-11-66. Board may establish centennial coordinating committee.
Repealed by omission from this code.
11-11-67. Programs and activities of nonprofit organizations that assist the arts Expenditure of funds.
The board of county commissioners may establish or maintain programs and activities for
the benefit of nonprofit organizations that assist the arts, including the expansion of existing
programs. A board of county commissioners may expend funds received from county, state,
federal, or private sources for the public purposes provided for in this section. A board of county
commissioners may not make an expenditure under this section to defray expenses or to assist
an organization unless that organization is incorporated as a nonprofit corporation and has
contracted with the board of county commissioners with respect to the manner in which the
funds will be expended and services provided. The board of county commissioners shall review
annually an organization that receives funds under this section to determine the organization's
eligibility to receive public funds. As used in this section, "nonprofit organizations that assist the
arts" means organizations recognized by the council on the arts.
11-11-68. Limitation on authority - Seed.
Notwithstanding any other law, a county may not impose any requirements or restrictions
pertaining to the registration, labeling, distribution, sale, handling, use, application,
transportation, or disposal of seed.
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