GRAND FORKS COUNTY, NORTH DAKOTA HOME RU

GRAND FORKS COUNTY, NORTH DAKOTA HOME RULE CHARTER TABLE OF CONTENTS Preamble Article 1 Board of County Commissioners to Train Powers .. 1 Article 2 Dwelling Rule Powers of County … 1 Article 3 Adoption of Ordinances and Resolutions ….3 Article 4 Initiative and Referendum …4 Article 5 Referenda by Board of County Commissioners … 4 Article 6 Elections ….4 Article 7 Departments, Places of work, Companies, Boards and Commissions .. 5 Article 8 Monetary Procedures … 6 Article 9 Income Authority and Limitations .. 6 Article 10 Separability Clause ..7 Article 11 Succession in Authorities. …7 Article 12 Amendments and Repeal ..7 PREAMBLE We, the individuals of Grand Forks, do set up this Dwelling Rule Constitution. Article 1 Board of County Commissioners to Train Powers Topic to the restrictions imposed by the North Dakota Structure, state legislation, and this constitution, the house rule powers of Grand Forks County might be vested within the Board of County Commissioners. The Board of County Commissioners can have plenary energy to enact ordinances and resolutions to hold out and provides impact to the specific and implied powers granted on this constitution and to prescribe the features of presidency to be carried out beneath this constitution. Article 2 Dwelling Rule Powers of County Along with powers granted counties beneath the structure and legal guidelines of the State of North Dakota, Grand Forks County can have amongst its enumerated house rule powers, topic to implementation by ordinance or decision of the Board of County Commissioners, the next: 1.Purchase, maintain, function, and get rid of property inside or with out the county limits, and train the suitable of eminent area for these functions. 2. Management its funds and financial affairs; applicable cash for its functions, and make funds of its money owed and bills; contract money owed, borrow cash, difficulty bonds, warrants, and different evidences of indebtedness; set up costs for any county or different providers to the extent approved by state legislation, and set up debt limitations. 3. Levy and accumulate property taxes and particular assessments for advantages conferred, for its public and proprietary features, actions, operations, undertakings, and enhancements. All property have to be assessed in a uniform method as prescribed by the state board of equalization and the state supervisor of assessments and all taxable property have to be taxed by the county on the similar charge except in any other case offered by legislation. 4. Levy and accumulate an infrastructure payment upon majority approval of the certified electors of the county at an everyday or particular election. The payment should change a normal particular evaluation on all property for fee of infrastructure upkeep prices via a utility invoice issued by the county. The cash collected beneath this subsection will not be used for any objective aside from infrastructure upkeep prices. If the county levies an infrastructure payment, the county additionally could levy and accumulate inexperienced subject particular assessments. 5. Levy and accumulate gross sales and use taxes, alcoholic beverage gross receipts taxes, a county lodging tax, and a county restaurant tax. 6. Present for county elected and appointed officers and staff, their choice, powers, duties, {qualifications}, and compensation, and the phrases of county appointed officers and staff. 7. Present for all issues pertaining to county elections, besides as to {qualifications} of electors. 8. Present for the adoption, modification, repeal, initiation, referral, enforcement, and civil and legal penalties for violation of ordinances, resolutions, and rules to hold out its governmental and proprietary powers and to offer for public well being, security, morals, and welfare. Nevertheless, this subsection doesn’t confer any authority to manage any trade or exercise which is regulated by state or federal legislation or by guidelines adopted by a state or federal company. This subsection doesn’t confer the authority to manage the non-public use of agricultural chemical compounds. 9. Lay out or vacate public grounds, and supply for the development, use, operation, designation, and regulation of a county highway system. 10. Present for zoning, planning, and subdivision of public or non-public property throughout the county limits however outdoors the zoning authority of any metropolis or organized township or airport authority. 11. Train within the conduct of its affairs all powers often exercised by a company. 12. Contract with and obtain grants from some other governmental entity or company, with respect to any native, state, or federal program, undertaking, or works. The enumeration of explicit powers by this constitution shall not be deemed to be unique, and along with the powers enumerated herein or implied hereby, or applicable to the train of such powers, it’s meant that the county shall have and will train all powers which beneath the structure and legal guidelines of this state, it could be competent for this constitution particularly to enumerate. Article 3 Adoption of Ordinances and Resolutions Part 1 -Definitions An ordinance is any enactment by the Board of County Commissioners or the individuals which prescribes a everlasting rule or statute governing the actions of individuals or our bodies. A decision is any enactment by the Board of County Commissioners or the individuals which defines insurance policies or procedures governing the actions of individuals or our bodies for a restricted time frame. Part 2 -Procedures Any enactments by the individuals or the Board of County Commissioners implementing constitution provisions, or increasing or curbing any of the powers or authorizations offered herein, might be within the type of ordinances or resolutions. Every ordinance or decision launched via the Board of County Commissioners can have two readings, with the primary studying consisting of announcement of the title of the ordinance or decision at a gathering of the Board of County Commissioners and publication of a abstract of the enactment within the official newspaper of the county at the least 20 days earlier than the second studying. The proposed enactment will then be given second studying, which might be by title, and submitted to a roll name vote of the Board of County Commissioners. If a majority of the elected commissioners concur, the enactment will turn out to be efficient on the date said within the enactment or if no date is said, on the primary day of the month following the date of enactment. Part 3 -Limitations 1.No ordinance enacted beneath this constitution will supersede any ordinance of any political subdivision with out its consent. 2. No ordinance could also be enacted to decrease the authority of the boards of supervisors of townships or change the construction of organized township authorities. Article 4 Initiative and Referendum The powers of initiative and referendum are reserved to the electors of Grand Forks County. The relevant provisions of state legislation will govern the train of the powers of initiative and referendum beneath this constitution. The variety of signatures required to train these powers is at the least equal in quantity to fifteen per cent of the variety of electors voting within the county for the workplace of governor within the final normal election. Article 5 Referenda by Board of County Commissioners The Board of County Commissioners could by itself movement submit any query to the citizens for a vote of the individuals at any major or normal election specified by the Board. If the query is submitted within the type of a proposed ordinance or decision and it’s accepted by a majority of votes forged, and the Board subsequently adopts the ordinance or decision inside six (6) months of the vote, the ordinance or decision will not be topic to referral by petition for a interval of two years from the date of adoption. Article 6 Elections Part 1 – Places of work to be Elected 1.The Board of County Commissioners shall consist of 5 members who shall be elected on a nonpartisan poll. All the candidates searching for the workplace of county commissioner shall be voted upon by the certified electors of all the county. 2. The Board of County Commissioners could enact ordinances regarding the group and construction of elected county places of work in accordance with state legislation. 3. The Sheriff and State’s Legal professional shall stay elected places of work voted upon by the certified electors and topic to duties, phrases of workplace, and different related provisions of the North Dakota Century Code. Part 2 – {Qualifications} Along with any {qualifications} established by state legislation for any of the places of work to be stuffed by election, candidates have to be certified electors of the County of Grand Forks and should have been in steady residence within the county for at the least thirty days previous to submitting nomination papers. Part 3 – Time period limitations After the efficient date of this constitution, no commissioner could serve greater than three successive four-year phrases. A commissioner elected for a time period of lower than 4 years because of redistricting or emptiness might be eligible to serve three successive four-year phrases. Commissioners elected previous to the efficient date of this Constitution could serve three successive four-year phrases after the efficient date of this Constitution. Part 4 – Disclosure The provisions of state legislation relevant to candidates for the state legislature will govern the train of submitting of marketing campaign contribution statements by all candidates for election. Part 5 – Recall The relevant provisions of state legislation will govern the recall of elected officers. Article 7 Departments, Places of work, Companies, Boards and Commissions Part 1 – Normal Provisions The Board of County Commissioners could, by ordinance, set up county departments, places of work, companies, boards or commissions along with these places of work to be stuffed by election and will prescribe their features and membership. Part 2 – Division Heads The Board of County Commissioners could appoint division heads and repair their compensation. Division heads might be appointed solely on the idea of govt and administrative {qualifications} to be established by the Board of County Commissioners. Part 3 – Removing A division head could also be topic to disciplinary motion or dismissal by a decision of the Board of County Commissioners and in accordance with the procedures outlined within the Grand Forks County Coverage Handbook. Part 4 – Personnel System All appointments and promotions of county staff have to be made solely on the idea of {qualifications} set forth in written job descriptions adopted by the Board of County Commissioners. In line with all relevant federal and state legal guidelines, the Board of County Commissioners will present by decision for the institution, regulation and upkeep of a personnel system essential for efficient administration of the staff of the county’s departments, places of work and companies. Article 8 Monetary Procedures The county will observe monetary procedures outlined within the North Dakota Century Code. Article 9 Income Authority and Limitations Part 1 – Scope of Authority Topic to the provisions of this Article, Grand Forks County can have the authority by ordinance or decision of the Board of County Commissioners, to levy and accumulate property taxes, gross sales taxes, charges and particular assessments for advantages conferred. Part 2 – Limitations 1. No ordinance or decision could also be adopted by the Board of County Commissioners levying property taxes in extra of the utmost mill limits allowed by state legislation till referred by the Board of County Commissioners for approval by the citizens at any major, normal or particular election. This mill levy restrict doesn’t embody any levies licensed to the Board of County Commissioners by some other governing physique. 2. No ordinance or decision could also be adopted by the Board of County Commissioners implementing any new or extra tax not at the moment being levied or assessed till referred by the Board of County Commissioners for approval by the citizens at any major, normal or particular election. 3. Any ordinance or decision submitted to the citizens searching for any extra or new taxation have to be accepted by a majority vote of the electors voting. 4. To be able to be topic to the evaluation provisions of this Article, all property have to be assessed in a uniform method as prescribed by the state board of equalization and the state supervisor of assessments. No ordinance or decision of the Board of County Commissioners could supersede any state legislation which determines what property is topic to or exempt from advert valorem, gross sales or use taxes. Article 10 Separability Clause If a courtroom declares that any a part of this constitution is invalid, the choice is not going to impair or have an effect on in any method the validity or enforceability of the rest of this constitution. Article 11 Succession in Authorities Part 1 -Rights of officers and staff preserved Nothing on this constitution, besides as particularly offered, will have an effect on or impair the rights, privileges, duties or authority of officers and staff of the county or of any workplace, division, company, board or fee present on the time this constitution takes impact. Part 2 -Continuance of contracts All contracts entered into by the county previous to the efficient date of this constitution will proceed in full drive and impact. Part 3 -Pending actions and proceedings The adoption of this constitution is not going to abate or in any other case have an effect on any motion or continuing, civil or legal, pending when it takes full impact, introduced by or in opposition to the county or any workplace, division, company or officer. Part 4 -Resolutions and insurance policies to stay in drive All county resolutions and insurance policies in drive on the time this constitution takes impact, and never inconsistent with this constitution, will proceed in drive till amended or repealed. Article 12 Amendments and Repeal This constitution could also be amended or repealed by proposals of the Board of County Commissioners or by petition of the variety of electors offered in part 11-09.1-01 of the North Dakota Century Code, submitted to and ratified by the certified electors of the county. A petition to amend or repeal have to be submitted to the Board of County Commissioners. Inside thirty days of receipt of a sound petition or approval of a proposal to amend or repeal a house rule constitution, the governing physique of the county shall publish any proposed modification or repeal of a house rule constitution as soon as within the official newspaper of the county. At the very least sixty days after publication, the proposed modification or repeal have to be submitted to a vote of the certified electors of the county on the subsequent major or normal election. The electors could settle for or reject any modification or a repeal by a majority vote of certified electors voting on the query on the election. Poll Query The query of approval or disapproval of this constitution shall be positioned on the poll within the following method: Shall the Dwelling Rule Constitution for the County of Grand Forks as accepted and submitted to the citizens by the Grand Forks County Fee be accepted? _ Sure -Means you approve the measure as summarized above. _ No -Means you reject the measure as summarized above. Respectfully submitted by the Grand Forks County Dwelling Rule Constitution Fee, this sixteenth day of August, 2022 . /s/ Thomas Falk, Chairman /s/ Robert Rost /s/ Barry Wilfahrt /s/ Brandon Baumbach /s/ Kathryn Kester /s/ Kyle Kvamme GRAND FORKS COUNTY, NORTH DAKOTA HOME RULE CHARTER ADDENDUM We, the individuals of Grand Forks County, hereby enact a brand new subdivision to part 2 of article 9 of the Grand Forks County Dwelling Rule Constitution regarding the gathering of gross sales, use, and gross receipts tax, as follows: 5. Gross sales, use, and gross receipts tax. The Board of County Commissioners is permitted to gather gross sales, use, and gross receipts tax within the following method and topic to the next situations: a.A½% (one-half of 1 %) gross retail gross sales and use tax, the proceeds of which shall be devoted within the following method: i. 60% shall be devoted to the financing of growth, renovation, development, acquisition, and upkeep of infrastructure wants of Grand Forks County together with the Grand Forks County Correctional Middle, Juvenile Detention Middle, and Regulation Enforcement Middle. The gross retail gross sales and use tax imposed pursuant to this provision of authority shall be reallocated to property tax reduction upon the retirement, satisfaction, termination or expiration of any bonded indebtedness, debt, or contractual obligation incurred for the development, acquisition or associated infrastructure enhancements. ii. 20% shall be devoted to property tax reduction. iii. 20% shall be devoted to the development, reconstruction, restore, and upkeep of roads, bridges, and culverts beneath the duty of Grand Forks County. b. Any retail gross sales tax imposed hereunder shall be restricted to these gross sales taxed pursuant to Chapter 57-39.2 of the North Dakota Century Code (North Dakota Retail Gross sales Tax Regulation). Along with these gross sales exempted by the North Dakota Gross sales Tax Regulation, no retail gross sales tax shall be imposed upon the sale of home trailers, farm equipment, or pure gasoline. Any use tax imposed hereunder shall be restricted to these transactions or actions of use, storage or consumption taxed pursuant to Chapter 57-40.2 of the North Dakota Century Code (North Dakota Use Tax Regulation). c. Any retail gross sales tax imposed hereunder shall be computed and picked up in the identical method offered by legislation for the gathering of the state gross sales tax. The bracket system for the applying of the state gross sales tax set forth in Chapter 57-39.2 of the North Dakota Century Code shall be adjusted accordingly to include the extra gross sales tax imposed hereunder to these gross sales of lower than one greenback and of fractional greenback quantities. d. Any retail gross sales tax imposed hereunder shall be imposed as much as a most gross sale quantity of two-thousand 5 hundred {dollars} ($2,500) of the sale on any single buy or gross sales transaction involving a number of objects. e. Any gross retail gross sales and use tax collected beneath this subsection shall terminate on December 31, 2048 except rescinded earlier by the Grand Forks County Fee, however in no occasion shall this tax be rescinded or modified till all prices of development and debt are retired. 6. To impose, along with different taxes imposed by legislation, a tax on the product sales receipts from the sale of ready meals, drinks, on-sale alcoholic drinks, and leasing or renting of resort, motel, mattress and breakfast, or vacationer courtroom lodging throughout the county within the following method and topic to the next situations: a. A½% (one-half of 1 %) product sales receipts tax, the proceeds of which shall be devoted within the following method: i. 60% shall be devoted to the financing of growth, renovation, development, acquisition, and upkeep of infrastructure wants of Grand Forks County together with the Grand Forks County Correctional Middle, Juvenile Detention Middle, and Regulation Enforcement Middle. The product sales receipts tax imposed pursuant to this provision of authority shall be reallocated to property tax reduction upon the retirement, satisfaction, termination or expiration of any bonded indebtedness, debt, or contractual obligation incurred for the development, acquisition or associated infrastructure enhancements. ii. 20% shall be devoted to property tax reduction. iii. 20% shall be devoted to the development, reconstruction, restore, and upkeep of roads, bridges, and culverts inside Grand Forks County. b. Any product sales receipts tax imposed hereunder shall be computed and picked up in the identical method offered by legislation for the gathering of any retail gross sales tax. The bracket system for the applying of the retail gross sales tax shall be adjusted accordingly to include the extra tax imposed hereunder to these gross sales lower than one greenback and of fractional greenback quantities. Poll Query The query of approval or disapproval of this constitution shall be positioned on the poll within the following method: Shall an addendum to the Grand Forks County Dwelling Rule Constitution be accepted, which might set up a½ cent gross sales and use tax to be assessed and the proceeds of which shall be devoted within the following method: 60% shall be devoted to the financing of growth, renovation, development, acquisition, and upkeep of infrastructure wants of Grand Forks County together with the Grand Forks County Correctional Middle, Juvenile Detention Middle, and Regulation Enforcement Middle, 20% devoted to property tax reduction, and 20% devoted to Grand Forks County roads, bridges and culverts, and offering for a sundown of December 31, 2048? _ Sure – Means you approve the measure as summarized above. _ No – Means you reject the measure as summarized above. Respectfully submitted by the Grand Forks County Dwelling Rule Constitution Fee, this sixteenth day of August, 2022. /s/ Thomas Falk, Chairman /s/ Robert Rost /s/ Barry Wilfahrt /s/ Brandon Baumbach /s/ Kathryn Kester /s/ Kyle Kvamme (August 24, 2022) 94012