CHAPTER 54-40.3JOINT POWERS AGREEMENTS54-40.3-01. Joint powers agreements - General authority.1.Any county, city, township, city park district, school district, or other political<br>subdivision of this state, upon approval of its respective governing body, may enter<br>into an agreement with any other political subdivision of this state for the cooperative<br>or joint administration of any power or function that is authorized by law or assigned<br>to one or more of them. Any political subdivision of this state may enter into a joint<br>powers agreement with a political subdivision of another state or political subdivision<br>of a Canadian province if the power or function to be jointly administered is a power<br>or function authorized by the laws of this state for a political subdivision of this state<br>and is authorized by the laws of the other state or province.A joint powersagreement may provide for:a.The purpose of the agreement or the power or function to be exercised or<br>carried out.b.The duration of the agreement and the permissible method to be employed in<br>accomplishing the partial or complete termination of the agreement and for<br>disposing of any property upon the partial or complete termination.c.Thepreciseorganization,composition,andnatureofanyseparateadministrative or legal entity, including an administrator or a joint board,<br>committee, or joint service council or network, responsible for administering the<br>cooperative or joint undertaking. Two or more political subdivisions which enter<br>into a number of joint powers agreements may provide a master administrative<br>structure for the joint administration of any number of those agreements, rather<br>than creating separate administrative structures for each agreement. However,<br>no essential legislative powers, taxing authority, or eminent domain power may<br>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<br>or joint undertaking and establish and maintain a budget for that undertaking.<br>The parties to the agreement may expend funds pursuant to the agreement,<br>use unexpended balances of their respective current funds, enter into a<br>lease-option to buy and contract for deed agreements between themselves and<br>with private parties, accumulate funds from year to year for the provision of<br>services and facilities, and otherwise share or contribute property in accordance<br>with the agreement in cooperatively or jointly exercising or carrying out the<br>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<br>be used instead of other financial support.e.The manner of acquiring, holding, or disposing of real and personal property<br>used in the cooperative or joint undertaking.f.The acceptance of gifts, grants, or other assistance and the manner in which<br>those gifts, grants, or assistance may be used for the purposes set forth in the<br>agreement.g.The process to apply for federal or state aid, or funds from other public and<br>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<br>performance of the agreement and insuring against that liability.Page No. 1i.Any other necessary and proper matters agreed upon by the parties to the<br>agreement.2.Any county, city, township, city park district, school district, or other political<br>subdivision of this state may enter into an agreement in the manner provided in<br>subsection 1 with any agency, board, or institution of the state for the undertaking of<br>any power or function which any of the parties is permitted by law to undertake.<br>Before an agreement entered into pursuant to this subsection is effective, the<br>respective governing body or officer of the state agency, board, or institution must<br>approve the agreement and the attorney general must determine that the agreement<br>is legally sufficient.3.An agreement made pursuant to this chapter does not relieve any political<br>subdivision or the state of any obligation or responsibility imposed by law except to<br>the extent of actual and timely performance by a separate administrative or legal<br>entity created by the agreement. This actual and timely performance satisfies the<br>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<br>to limit the general authority of a political subdivision to enter into agreements<br>pursuant to section 10 of article VII of the Constitution of North Dakota, except for<br>specific limitations on that authority, and subject to specific procedural requirements,<br>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<br>statute providing for the joint or cooperative exercise of any governmental power.54-40.3-03.Political subdivisions encouraged to file agreements with advisorycommission on intergovernmental relations.A political subdivision entering into a jointpowers agreement pursuant to this chapter or any other law is encouraged to file one copy of the<br>agreement and explanatory material with the advisory commission on intergovernmental<br>relations, to assist the commission in providing information for other political subdivisions<br>exploring cooperative arrangements.Page No. 2Document Outlinechapter 54-40.3 joint powers agreements
CHAPTER 54-40.3JOINT POWERS AGREEMENTS54-40.3-01. Joint powers agreements - General authority.1.Any county, city, township, city park district, school district, or other political<br>subdivision of this state, upon approval of its respective governing body, may enter<br>into an agreement with any other political subdivision of this state for the cooperative<br>or joint administration of any power or function that is authorized by law or assigned<br>to one or more of them. Any political subdivision of this state may enter into a joint<br>powers agreement with a political subdivision of another state or political subdivision<br>of a Canadian province if the power or function to be jointly administered is a power<br>or function authorized by the laws of this state for a political subdivision of this state<br>and is authorized by the laws of the other state or province.A joint powersagreement may provide for:a.The purpose of the agreement or the power or function to be exercised or<br>carried out.b.The duration of the agreement and the permissible method to be employed in<br>accomplishing the partial or complete termination of the agreement and for<br>disposing of any property upon the partial or complete termination.c.Thepreciseorganization,composition,andnatureofanyseparateadministrative or legal entity, including an administrator or a joint board,<br>committee, or joint service council or network, responsible for administering the<br>cooperative or joint undertaking. Two or more political subdivisions which enter<br>into a number of joint powers agreements may provide a master administrative<br>structure for the joint administration of any number of those agreements, rather<br>than creating separate administrative structures for each agreement. However,<br>no essential legislative powers, taxing authority, or eminent domain power may<br>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<br>or joint undertaking and establish and maintain a budget for that undertaking.<br>The parties to the agreement may expend funds pursuant to the agreement,<br>use unexpended balances of their respective current funds, enter into a<br>lease-option to buy and contract for deed agreements between themselves and<br>with private parties, accumulate funds from year to year for the provision of<br>services and facilities, and otherwise share or contribute property in accordance<br>with the agreement in cooperatively or jointly exercising or carrying out the<br>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<br>be used instead of other financial support.e.The manner of acquiring, holding, or disposing of real and personal property<br>used in the cooperative or joint undertaking.f.The acceptance of gifts, grants, or other assistance and the manner in which<br>those gifts, grants, or assistance may be used for the purposes set forth in the<br>agreement.g.The process to apply for federal or state aid, or funds from other public and<br>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<br>performance of the agreement and insuring against that liability.Page No. 1i.Any other necessary and proper matters agreed upon by the parties to the<br>agreement.2.Any county, city, township, city park district, school district, or other political<br>subdivision of this state may enter into an agreement in the manner provided in<br>subsection 1 with any agency, board, or institution of the state for the undertaking of<br>any power or function which any of the parties is permitted by law to undertake.<br>Before an agreement entered into pursuant to this subsection is effective, the<br>respective governing body or officer of the state agency, board, or institution must<br>approve the agreement and the attorney general must determine that the agreement<br>is legally sufficient.3.An agreement made pursuant to this chapter does not relieve any political<br>subdivision or the state of any obligation or responsibility imposed by law except to<br>the extent of actual and timely performance by a separate administrative or legal<br>entity created by the agreement. This actual and timely performance satisfies the<br>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<br>to limit the general authority of a political subdivision to enter into agreements<br>pursuant to section 10 of article VII of the Constitution of North Dakota, except for<br>specific limitations on that authority, and subject to specific procedural requirements,<br>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<br>statute providing for the joint or cooperative exercise of any governmental power.54-40.3-03.Political subdivisions encouraged to file agreements with advisorycommission on intergovernmental relations.A political subdivision entering into a jointpowers agreement pursuant to this chapter or any other law is encouraged to file one copy of the<br>agreement and explanatory material with the advisory commission on intergovernmental<br>relations, to assist the commission in providing information for other political subdivisions<br>exploring cooperative arrangements.Page No. 2Document Outlinechapter 54-40.3 joint powers agreements
CHAPTER 54-40.3JOINT POWERS AGREEMENTS54-40.3-01. Joint powers agreements - General authority.1.Any county, city, township, city park district, school district, or other political<br>subdivision of this state, upon approval of its respective governing body, may enter<br>into an agreement with any other political subdivision of this state for the cooperative<br>or joint administration of any power or function that is authorized by law or assigned<br>to one or more of them. Any political subdivision of this state may enter into a joint<br>powers agreement with a political subdivision of another state or political subdivision<br>of a Canadian province if the power or function to be jointly administered is a power<br>or function authorized by the laws of this state for a political subdivision of this state<br>and is authorized by the laws of the other state or province.A joint powersagreement may provide for:a.The purpose of the agreement or the power or function to be exercised or<br>carried out.b.The duration of the agreement and the permissible method to be employed in<br>accomplishing the partial or complete termination of the agreement and for<br>disposing of any property upon the partial or complete termination.c.Thepreciseorganization,composition,andnatureofanyseparateadministrative or legal entity, including an administrator or a joint board,<br>committee, or joint service council or network, responsible for administering the<br>cooperative or joint undertaking. Two or more political subdivisions which enter<br>into a number of joint powers agreements may provide a master administrative<br>structure for the joint administration of any number of those agreements, rather<br>than creating separate administrative structures for each agreement. However,<br>no essential legislative powers, taxing authority, or eminent domain power may<br>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<br>or joint undertaking and establish and maintain a budget for that undertaking.<br>The parties to the agreement may expend funds pursuant to the agreement,<br>use unexpended balances of their respective current funds, enter into a<br>lease-option to buy and contract for deed agreements between themselves and<br>with private parties, accumulate funds from year to year for the provision of<br>services and facilities, and otherwise share or contribute property in accordance<br>with the agreement in cooperatively or jointly exercising or carrying out the<br>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<br>be used instead of other financial support.e.The manner of acquiring, holding, or disposing of real and personal property<br>used in the cooperative or joint undertaking.f.The acceptance of gifts, grants, or other assistance and the manner in which<br>those gifts, grants, or assistance may be used for the purposes set forth in the<br>agreement.g.The process to apply for federal or state aid, or funds from other public and<br>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<br>performance of the agreement and insuring against that liability.Page No. 1i.Any other necessary and proper matters agreed upon by the parties to the<br>agreement.2.Any county, city, township, city park district, school district, or other political<br>subdivision of this state may enter into an agreement in the manner provided in<br>subsection 1 with any agency, board, or institution of the state for the undertaking of<br>any power or function which any of the parties is permitted by law to undertake.<br>Before an agreement entered into pursuant to this subsection is effective, the<br>respective governing body or officer of the state agency, board, or institution must<br>approve the agreement and the attorney general must determine that the agreement<br>is legally sufficient.3.An agreement made pursuant to this chapter does not relieve any political<br>subdivision or the state of any obligation or responsibility imposed by law except to<br>the extent of actual and timely performance by a separate administrative or legal<br>entity created by the agreement. This actual and timely performance satisfies the<br>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<br>to limit the general authority of a political subdivision to enter into agreements<br>pursuant to section 10 of article VII of the Constitution of North Dakota, except for<br>specific limitations on that authority, and subject to specific procedural requirements,<br>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<br>statute providing for the joint or cooperative exercise of any governmental power.54-40.3-03.Political subdivisions encouraged to file agreements with advisorycommission on intergovernmental relations.A political subdivision entering into a jointpowers agreement pursuant to this chapter or any other law is encouraged to file one copy of the<br>agreement and explanatory material with the advisory commission on intergovernmental<br>relations, to assist the commission in providing information for other political subdivisions<br>exploring cooperative arrangements.Page No. 2Document Outlinechapter 54-40.3 joint powers agreements
