North Dakota Century Code Title 54. State Government § 54-40.4-05. Ratification by majority vote--Effect of unification--Former powers preserved--Supersession of existing charters and conflicting state laws--Filing of copies of new charter
Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Search North Dakota Century Code
Search by Keyword or Citation
1. If a majority of the qualified electors of the county and a majority of the qualified electors of at least one city in the county voting on the question approves the charter, it is ratified and becomes the organic law of the area on the first day of January or July next following the election. However, the proposed charter may condition the approval of the charter on separate approval by any number of specified counties or cities participating in the charter process.
2. On the effective date, the separate corporate existence of the county and of each participating city are unified into one unit of local government. The unified government shall succeed to, possess, and own all of the assets and, except as otherwise provided in the charter, becomes responsible for all the obligations and liabilities of each affected county and city. Any provision of law authorizing contributions or aid of any kind from the state or federal government to an affected county and city remains in full force and effect with respect to the unified county-city government. All powers granted any county or city by general law are granted to a home rule county-city.
3. The county-city home rule charter and the ordinances made pursuant to the charter must be liberally construed to supersede, within the territorial limits and jurisdiction of the affected area, any conflicting state law. The charter may not authorize the enactment of ordinances to diminish the authority of boards of supervisors of a township or to change the structure of township government in any organized civil township, without the consent of the board of supervisors of the township. Any ordinance of a unified county-city government does not supersede any specific statutory limitation imposed on a home rule county or city.
4. One copy of the charter as ratified must be filed with the secretary of state, one with the recorder, unless the board of county commissioners designates a different official, for any affected county or city, and one with the officer of unified county-city government responsible for maintaining permanent records. Courts shall take judicial notice of the charter.
Cite this article: FindLaw.com - North Dakota Century Code Title 54. State Government § 54-40.4-05. Ratification by majority vote--Effect of unification--Former powers preserved--Supersession of existing charters and conflicting state laws--Filing of copies of new charter - last updated January 01, 2020 | https://codes.findlaw.com/nd/title-54-state-government/nd-cent-code-sect-54-40-4-05.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?