2016 North Dakota Century Code Title 54 State Government Chapter 54-40.3 Joint Powers Agreements
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CHAPTER 54-40.3
JOINT POWERS AGREEMENTS
54-40.3-01. Joint powers agreements - General authority.
1. Any county, city, township, city park district, school district, or other political subdivision
of this state, upon approval of its respective governing body, may enter into an
agreement with any other political subdivision of this state for the cooperative or joint
administration of any power or function that is authorized by law or assigned to one or
more of them. Any political subdivision of this state may enter into a joint powers
agreement with a political subdivision of another state or political subdivision of a
Canadian province if the power or function to be jointly administered is a power or
function authorized by the laws of this state for a political subdivision of this state and
is authorized by the laws of the other state or province. A joint powers agreement may
provide for:
a. The purpose of the agreement or the power or function to be exercised or carried
out.
b. The duration of the agreement and the permissible method to be employed in
accomplishing the partial or complete termination of the agreement and for
disposing of any property upon the partial or complete termination.
c. The precise organization, composition, and nature of any separate administrative
or legal entity, including an administrator or a joint board, committee, or joint
service council or network, responsible for administering the cooperative or joint
undertaking. Two or more political subdivisions which enter into a number of joint
powers agreements may provide a master administrative structure for the joint
administration of any number of those agreements, rather than creating separate
administrative structures for each agreement. However, no essential legislative
powers, taxing authority, or eminent domain power may be delegated by an
agreement to a separate administrative or legal entity.
d. The manner in which the parties to the agreement will finance the cooperative or
joint undertaking and establish and maintain a budget for that undertaking. The
parties to the agreement may expend funds pursuant to the agreement, use
unexpended balances of their respective current funds, enter into a lease-option
to buy and contract for deed agreements between themselves and with private
parties, accumulate funds from year to year for the provision of services and
facilities, and otherwise share or contribute property in accordance with the
agreement in cooperatively or jointly exercising or carrying out the power or
function. The agreement may include the provision of personnel, equipment, or
property of one or more of the parties to the agreement that may be used instead
of other financial support.
e. The manner of acquiring, holding, or disposing of real and personal property used
in the cooperative or joint undertaking.
f. The acceptance of gifts, grants, or other assistance and the manner in which
those gifts, grants, or assistance may be used for the purposes set forth in the
agreement.
g. The process to apply for federal or state aid, or funds from other public and
private sources, to the parties for furthering the purposes of the agreement.
h. The manner of responding for any liability that might be incurred through
performance of the agreement and insuring against that liability.
i. Any other necessary and proper matters agreed upon by the parties to the
agreement.
2. Any county, city, township, city park district, school district, or other political subdivision
of this state may enter into an agreement in the manner provided in subsection 1 with
any agency, board, or institution of the state for the undertaking of any power or
function which any of the parties is permitted by law to undertake. Before an
agreement entered into pursuant to this subsection is effective, the respective
governing body or officer of the state agency, board, or institution must approve the
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3.
agreement and the attorney general must determine that the agreement is legally
sufficient.
An agreement made pursuant to this chapter does not relieve any political subdivision
or the state of any obligation or responsibility imposed by law except to the extent of
actual and timely performance by a separate administrative or legal entity created by
the agreement. This actual and timely performance satisfies the obligation or
responsibility of the political subdivision.
54-40.3-02. Clarification of constitutional authority and effect of other statutes Construction.
1. The specificity of this chapter, chapter 54-40, or any other law may not be construed to
limit the general authority of a political subdivision to enter into agreements pursuant to
section 10 of article VII of the Constitution of North Dakota, except for specific
limitations on that authority, and subject to specific procedural requirements, imposed
by this chapter, any other law, or a home rule charter.
2. This chapter does not dispense with the procedural requirements of any other statute
providing for the joint or cooperative exercise of any governmental power.
54-40.3-03. Political subdivisions encouraged to file agreements with advisory
commission on intergovernmental relations.
A political subdivision entering into a joint powers agreement pursuant to this chapter or any
other law is encouraged to file one copy of the agreement and explanatory material with the
advisory commission on intergovernmental relations, to assist the commission in providing
information for other political subdivisions exploring cooperative arrangements.
54-40.3-04. Joint exercise of police power.
A state or a local criminal justice agency of this state, with the approval of its governing
body, may enter an agreement in the manner provided in section 54-40.3-01 with another state
or a political subdivision of another state, for the joint exercise of peace officer duties. A peace
officer acting under an agreement pursuant to this section must be licensed under chapter
12-63, or if the peace officer is from another state, the officer must be licensed or certified by the
other state's licensing or certifying authority. A peace officer acting under an agreement
pursuant to this section has full peace officer authority in any jurisdiction that is a party to the
agreement. Before an agreement entered under this section is effective, the governing body for
each criminal justice agency must have approved the agreement and the attorney general must
have determined the agreement is legally sufficient.
54-40.3-05. Application of open records law.
If a joint powers agreement is entered into between a political subdivision of this state and a
political subdivision of another state which creates a joint emergency services communications
system, the joint powers agreement must address which jurisdiction's open records law will
apply in the event a request is made for records that originated from the partner state but is in
the possession of the joint emergency services communications system located in North
Dakota. The agreement may provide that the emergency services records may be provided
pursuant to the open records law of the originating state. If the joint powers agreement does not
address this matter, it will be presumed that records will be provided pursuant to North Dakota
law.
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