2016 North Dakota Century Code Title 11 Counties Chapter 11-28.2 Recreation Service Districts
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CHAPTER 11-28.2
RECREATION SERVICE DISTRICTS
11-28.2-01. Establishment of recreation service districts - Petition - Purpose.
The board of county commissioners of any county, at any meeting of the board, by majority
vote of all of the members may, upon the petition of ten percent of the individuals who qualify
under section 11-28.2-03 as voters of an area to be included within a proposed recreation
service district, call for an election of all of the qualified voters of the district to determine the
question of the establishment of a recreation service district for the purpose of providing
services, which may include police protection, sewer and water, garbage removal services, and
public road construction and maintenance, in addition to those provided by the local governing
body or agency to summer homes, cottages, and other residences and establishments that exist
within the area, and provide for the improvement and control of the environmental quality of the
recreation service district. The recreation service district must be limited in size and location to
an area contiguous to or within one-quarter mile [402.34 meters] of the recreational waters of
the area or to the areas of land which are dedicated to public use for recreational purposes. In
addition, the district must consist of not less than forty privately owned seasonal homes or
cottages and other residences and establishments. If a petition is presented to the board of
county commissioners calling for an election, the petition must be accompanied by any
information required by the board of county commissioners, including the boundaries of the
proposed recreation district, the approximate number of qualified voters, and a sufficient deposit
of money to cover all costs of the election. Within sixty days after the calling of an election, the
board of county commissioners shall provide an election on the question of whether a recreation
service district should be established and shall establish procedures for voting and other
necessary matters not inconsistent with this chapter. The county commissioners shall give at
least thirty days' notice of the election by certified mail to all qualified voters. If a majority of the
qualified electors voting on the question approve of the establishment of a recreation service
district, the district must be organized.
The board of commissioners of a recreation service district may extend the boundaries of
the district to property within or contiguous to the one-quarter mile [402.34 meters] limit through
the annexation procedures provided in sections 11-28.2-06 through 11-28.2-08.
11-28.2-02. Meetings of recreation service districts - Election of board.
The first meeting of the recreation service district must be held within thirty days after the
district is organized at a time and place designated by the board of county commissioners. At
the meeting, the qualified voters, as defined in section 11-28.2-03, shall elect not less than five
qualified voters of the district to serve as members of the board of recreation service district
commissioners. Each member elected and qualified shall serve until the first annual meeting of
the district. The voters of the district shall assemble and hold an annual meeting during the
month of June of each year, at a time and place within the county designated by the board of
recreation service district commissioners. In addition to the annual meeting, the board of
recreation service district commissioners may call a special meeting of the voters of the district
at the time and place the board selects. For any annual or special meeting, the board shall
publish notice of the meeting not less than fifteen days before the meeting in the official county
newspaper of the county in which the district is located and the notice must be mailed to
property owners of the district as recorded in the county treasurer's office in which the district is
located not less than fifteen days before the meeting. No fewer than five qualified voters of the
district must be elected to serve on the board of recreation service district commissioners at the
annual meeting. Each member elected shall serve a term of three years, until a successor is
elected and qualified. The term of each member must be established so that the terms of
approximately one-third of the members terminate each year. The members of the board are
entitled to receive compensation in an amount of no more than one hundred dollars per meeting
of the board, as determined by the board.
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11-28.2-03. Qualifications of voters and commissioners.
In order that there may be a fair representation of property owners and residents of the
recreation service district, a person eighteen years of age and older may qualify as a voter for
purposes of this chapter by presenting adequate proof or by signing a proper affidavit that the
person qualifies by either one of the following methods:
1. That the person is a resident of the county for all other purposes of voting and
maintains a permanent residence within the recreation service district.
2. That the person owns real property within the recreation service district. If there is
more than one owner of such real property, each shall be entitled to one vote.
It is the intent of this section that all persons who shall be affected by the provisions of this
chapter shall be allowed to have a voice or vote.
11-28.2-04. Powers of recreation service districts - Levying of special assessments.
Each recreation service district established under this chapter may provide services, which
may include police protection, sewer and water, garbage removal services, and public road
construction and maintenance, in addition to those provided by the local governing body or
other agency to summer homes, cottages, and other residences and establishments that exist
within its boundaries, provide for the improvement and control of the environmental quality of
the recreation service district, and levy special assessments necessary to provide the services.
Any project or service provided by a recreation service district other than under section
11-28.2-04.1 must first be approved by a majority of the qualified voters of the district affected
by the special assessment and present and voting at an annual or special meeting called as
provided in this chapter. The levying of special assessments for services and improvement of
environmental quality must be levied against those parcels of property benefited in the manner
provided by law for the levying of special assessments for municipalities and the costs of police
protection may be levied in that manner. A recreation service district may contract with other
political subdivisions for joint or cooperative action as provided in chapter 54-40. The board of
recreation service district commissioners are responsible for the administration and accounting
of any obligations and accounts undertaken in accordance with this chapter. The board of
recreation service district commissioners shall serve as the special assessment commission
and shall make a complete list of the annual benefits and assessments on each parcel of
property within the district. The board shall also hear appeals from aggrieved property owners
concerning assessments made and may increase or decrease any assessment if just and
necessary. A special assessment may not exceed the benefits determined by the board to the
parcel of property assessed. The board may cooperate with the state or federal government in
furnishing assurances and meeting local cooperation requirements, within the scope of the
power of the board, in connection with any project involving the construction, improvement,
operation, maintenance, conservation, or use of the area, including waters, within the recreation
service district.
11-28.2-04.1. Power of recreation service districts to make improvements - Creating
district - Determining necessity - Contracting for improvement - Levying special
assessments and taxes and imposing service charges - Issuance of warrants.
Each recreation service district established under the provisions of this chapter shall have
the authority to make those improvements specified in subdivisions a, b, and f of subsection 8 of
section 21-03-06. In making any such improvement, in addition to any other powers granted in
chapter 21-03, a recreation service district shall, subject to the provisions of this section, be
deemed to be a "municipality", as the term is used in chapters 40-22 through 40-27, for the
purpose of creating an improvement district, determining the necessity of making an
improvement, contracting for an improvement, levying special assessments and general taxes
and imposing service charges to pay the cost of an improvement, issuing temporary, definitive,
and refunding warrants to finance an improvement, and levying general taxes to pay any
deficiency in moneys available to pay the principal and interest on any warrants so issued. The
above language refers to all projects and services costing more than five thousand dollars.
Provided, however, with respect to section 40-22-15, if the resolution declaring improvements
necessary is required to be published, it shall also be sent by first-class mail to the owners of all
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property within the improvement district not more than ten days after the first publication of the
resolution.
11-28.2-04.2. Powers of recreation service districts - General tax levy.
The board of recreation service district commissioners of a recreation service district
created under the provisions of this chapter may, upon proper resolution of the board, levy a tax
for general purposes not exceeding the limitation in section 57-15-26.1.
11-28.2-05. Dissolution of recreation service districts.
Any recreation service district shall be dissolved upon a vote of a majority of the qualified
voters in the district, provided that such district has no outstanding indebtedness. Any funds
remaining upon the dissolution of a recreation service district shall be deposited in the general
fund of the county in which such recreation service district is located.
11-28.2-06. Annexation by petition of owners.
Upon a written petition signed by the owner of any property within one-quarter mile [402.34
meters] of the recreational waters of the area or to the areas of land dedicated to public use for
recreational purposes or contiguous to that area and not embraced within the limits of the
recreation service district, the board of commissioners of the recreation service district may
annex the territory to the district.
11-28.2-07. Petition of owners - Annexation.
If the recreation service district annexes the area, it shall do so by resolution. When a copy
of the resolution and an accurate map of the annexed area, certified by the chairman of the
board of commissioners, are filed and recorded with the county recorder, the annexation
becomes effective. An annexation is effective for the purpose of levying special assessments by
the recreation service district on and after the first day of the next February.
11-28.2-08. Annexation by resolution of district.
The board of commissioners of a recreation service district may adopt a resolution to annex
territory as follows:
1. The board shall adopt a resolution describing the property to be annexed.
2. The board shall publish the resolution and a notice of the time and place the board will
meet to hear and determine the sufficiency of any written protests against the
proposed annexation in the official newspaper of the county once each week for two
consecutive weeks. The board shall mail a notice to the owner of each parcel of real
property within the area to be annexed at the person's last-known mailing address.
The notice must inform landowners of the resolution, the time and place of hearing,
and the requirement that protests must be filed in writing. The owners of any real
property within the territory proposed to be annexed, within thirty days of the first
publication of the resolution, may file written protests with the board protesting against
the proposed annexation. No state-owned property may be annexed without the
written consent of the state agency or department having control of the property. The
board, at its next meeting after the expiration of the time for filing the protests, shall
hear and determine the sufficiency of the protests.
3. In the absence of protests filed by the owners of more than one-fourth of the territory
proposed to be annexed as of the date of the adoption of the resolution, the territory
described in the resolution becomes a part of the district. When a copy of the
resolution and an accurate map of the annexed area, certified by the chairman of the
board, are filed and recorded with the county recorder, the annexation becomes
effective. Annexation is effective for the purpose of special assessments levied by the
recreation service district on and after the first day of the next February. If the owners
of one-fourth or more of the territory proposed to be annexed protest, the board shall
stop its pursuit of the annexation.
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