11-03 Division of Counties - North Dakota Statutes

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CHAPTER 11-03DIVISION OF COUNTIES11-03-01. Division of counties - Electors' petition - Election held. Whenever it isdesired to form a new county out of one or more of the then existing counties, a petition
conforming to the provisions of this chapter shall be presented to the board of county
commissioners of each county to be affected by the division. If it appears to such boards of
county commissioners that a new county can be constitutionally formed, they shall make the
necessary orders to provide for the submission at the next general election of the question of the
formation of such new county to the qualified electors of the counties to be affected.11-03-02. Petition - Contents - Signers necessary. The petition for the formation of anew county under this chapter shall:1.Describe the territory proposed to be taken for the new county.2.Set forth the name of the proposed new county.3.Be signed by a majority of the qualified electors residing in the territory to be taken
from the existing county or counties as determined by the vote cast for the office of
governor at the last preceding general election.4.Pray for the formation of a new county from the territory described in such petition.11-03-03.Notice of election - Canvass and return of votes cast.Notice of theelection shall be given and the votes polled at the election shall be canvassed and returned as in
the case of general elections.11-03-04. Ballot - Form. The ballot to be used in an election under this chapter shall bein substantially the following form:Shall the county of _______________ (name county) be formed from territory in the
county of ___________________, or the counties of ________________ (name the
county or counties affected)?Yes
No11-03-05.Affirmative vote necessary - Notice to secretary of state - Notice togovernor. If a majority of all the votes cast at the election in each of the counties affected is in
favor of the formation of the new county, the county auditor of each of such counties shall certify
the same to the secretary of state. Such certificate shall state the name, territorial content, and
boundaries of the new county. The secretary of state shall notify the governor of the result of the
election.11-03-06. Governor to appoint county commissioners - When county deemed inexistence.The governor shall appoint three persons who reside in and who are qualifiedelectors of such new county and who will accept and qualify as county commissioners for the
new county. The commissioners so appointed shall hold office until the first general election
thereafter and until their successors are elected and qualified. After the county commissioners
appointed by the governor have qualified, the county shall be deemed to have existence as a
county.11-03-07. Temporary county seat - How located. The board of county commissionersappointed by the governor shall fix the temporary location of the county seat. The county seat
shall remain at such location until after the first general election thereafter.11-03-08. Board of county commissioners to appoint county officers - Exception.The board of county commissioners appointed by the governor, after the members thereof havePage No. 1qualified, shall appoint all the county officers of the newly organized county. Such officers, after
having qualified, hold their offices until the first general election thereafter and until their
successors are elected and qualified.11-03-09.Division of county into commissioners' districts - Terms of office ofcommissioners first elected. The county commissioners appointed by the governor shall divide
the county into three commissioners' districts, which districts shall be numbered from one to
three. At the first general election after the organization of the county, three commissioners shall
be elected, one from each such district, one of whom shall be chosen for the term of two years
and two for the term of four years, the order of succession to be determined by lot. Thereafter,
each commissioner shall be elected for a term of four years.11-03-10. Records to be transcribed. When a new county is organized, the board ofcounty commissioners thereof shall cause to be transcribed, by copying or by photographing into
the proper books, all the records, deeds, and other instruments relating to real estate, and all
other records and instruments of every kind required by law to be kept on file or recorded in the
respective county offices in the new county.All records transcribed by copying or byphotographing shall have the same effect as original records. A person authorized by the board
of county commissioners to transcribe the records shall have free access at all reasonable times
to the original records for the purpose of transcribing them.11-03-11.Indebtedness of new county to original county - How and whendetermined. A county organized under this chapter shall assume and pay a just proportion of
the indebtedness of the county from which it is segregated, based upon the last assessed
valuation of the original county and in the proportion that the valuation within the segregated
portion bears to the aggregate of the valuation within the whole of the original county.Theboards of county commissioners of the county organized under this chapter and of the county
from which the latter segregates shall meet at the county seat of the original county on the third
Monday in the sixth month following the appointment of the county commissioners of the new
county by the governor.They shall ascertain, as near as may be, the total outstandingindebtedness of the original county on the first of January or July, as the case may require, next
preceding the date of the joint session and from such total, they shall make the following
deductions:1.The amount of rents due and payable to the original county.2.The present value of all public property owned by and remaining within the limits of
the original county. Such present value in all events shall be deemed equal at least
to the amount of any outstanding bonds issued for the payment of such property.3.The amount of public funds on hand and belonging to the original county on the day
for which its outstanding indebtedness is ascertained which do not belong to the
special funds hereinafter mentioned.The amount remaining after such deductions, for the purpose of the settlement herein provided
for, shall be the amount of which the county organized under this chapter shall pay a portion in
the proportion hereinbefore specified. The new county shall be charged with the value of county
real property within the boundaries thereof. The boards of county commissioners shall ascertain
and fix the amount the new county shall assume and pay to the county from which it segregates.
The provisions of this section shall be followed even though the new county is organized from
parts of two or more organized counties except that the boards of county commissioners of all
counties involved shall participate in the proceedings herein described.11-03-12. Indebtedness of new county to original county to be paid in bonds. Theamount of indebtedness of a county organized under this chapter, as ascertained by the two
boards of county commissioners, shall be paid to the county from which it segregates in the
bonds of the new county.Page No. 211-03-13. Issuance of bonds - Classification - Exchange by original county. Thebonds of the new county shall be:1.Dated as of the first day of the January or July from which the outstanding
indebtedness of the original county is calculated as provided in section 11-03-11.2.Issued for a period corresponding with the time or term on which the obligations of
the original county become due and payable.3.Payable at the same place and bear the same rate of interest as the obligations of
the original county.The board of county commissioners shall classify the liquidating bonds and issue a portion of
each class in proportion to each class of obligations of the original county bearing different rates
of interest and places of payment. The original county shall have authority to exchange such
bonds for an equal amount of obligations of its own of the same class.11-03-14. County treasurer to keep bond register. The county treasurer of a countyissuing bonds under the provisions of this chapter shall provide a book to be called the "bond
register" wherein the treasurer shall note, as to each such bond:1.The number and denomination thereof.2.The date of its issue.3.When and where the same is payable.4.Such other facts as the county commissioners of the county shall direct.The bond register when completed shall be deposited with the county auditor and shall be and
remain a part of the records of that office.11-03-15. Commissioners of new county to issue bonds in denominations requiredby original county - Exception - Delivery. The board of county commissioners of a county
organized under this chapter shall issue the liquidating bonds in such denominations, not to
exceed one thousand dollars each, as may be required by the original county. It shall deliver the
same to the county auditor of the original county. The county auditor shall receipt therefor and
affix the seal of the county auditor's office to such receipts. The county auditor of the county
organized under this chapter shall enter such receipts at large upon the records of the board of
county commissioners and note the same in the bond register of that county.11-03-16.Tax levy by new county for payment of bonds.The board of countycommissioners of a county issuing bonds under the provisions of this chapter shall levy and
cause to be collected for each year after the date of such bonds a tax sufficient to pay the interest
thereon as it shall become due and also sufficient to establish sinking funds required under the
laws under which the bonds of the original county were issued and sufficient to redeem the
bonds at maturity.11-03-17. Tax collected for payment of bonds must be used for that purpose - Useof surplus. The money collected for the payment of the interest or principal of the bonds issued
under the provisions of this chapter shall not be used for any other purpose until the bonds are
redeemed. Any surplus shall be placed in the county general fund.11-03-18. Payment to new county when public funds of original county exceed itsindebtedness.A county in which the amount of public funds on hand at the time of thesettlement provided for in section 11-03-11 exceeds the total of its outstanding indebtedness
after the deductions provided for in that section have been made shall pay over a just proportion
of such funds to the county segregated from it and organized under this chapter. The portion
paid to the segregated county shall be based upon the assessed valuation of the whole of thePage No. 3original county and for the year prior to the date of the segregation and shall be in the proportion
that the valuation within the segregated portion bears to the aggregate of the valuation within the
whole of the original county. The boards of county commissioners shall meet as provided in
section 11-03-11 and ascertain the amount to be paid. The board of county commissioners of
the original county shall order warrants issued for such amount, payable immediately, to the
treasurer of the county organized under this chapter. The treasurer of the segregated county
shall place the amount received to the credit of the proper funds of the segregated county.11-03-19. Special funds belonging to taxing districts within new county - Delivery -Distribution. At the time of the settlement provided for in section 11-03-11, all money on hand
in the treasury of a county from which a portion segregates under this chapter and which belongs
to special funds owned by taxing districts which, after the segregation, are within the boundaries
of the new county, shall be turned over in full by the treasurer of the original county to the
treasurer of the new county. The treasurer of the new county shall receipt for such funds and
shall place the same to the credit of the taxing districts within the new county to which they
properly belong.11-03-20. Commissioners of original county to fill vacancies and redistrict county.The board of county commissioners of a county from which a portion segregates under this
chapter, immediately after such segregation, shall redistrict its county into the commissioners'
districts provided for by the laws then existing and shall fill any vacancies occasioned by the
segregation in the manner provided by law for filling vacancies.11-03-21. School and road districts renumbered and renamed. School districts androad districts within a county affected by this chapter shall be renumbered so as to make their
numbers run consecutively in each county.11-03-22. Validity of bonds issued by school district not affected by division. Thevalidity of bonds issued by school districts prior to the division of a county under this chapter shall
not be affected by the division nor by the renumbering or renaming of the school district which
issued them.11-03-23. Original county cannot collect revenue in new county. The authority of acounty, from which a portion segregates under the provisions of this chapter, to collect revenue
within the boundaries of the new county shall cease on the date upon which the two boards of
county commissioners base the settlement between their counties. All assessments and levies
lawfully made by the original county prior to such date affecting any of the territory embraced in
the boundaries of the new county shall remain the same and shall be payable to and collectible
by the lawful authorities of the new county.11-03-24. New county within judicial district. A county organized under the provisionsof this chapter shall remain a part of the judicial district to which it belonged before its
organization.11-03-25. Judges to appoint term of district court in new county. The judges of thejudicial district in which a county organized under this chapter is situated shall appoint and hold at
least two terms of the district court each year at the county seat of such county.11-03-26. Writs, bonds, and recognizances issued from new county. All process,writs, bonds, notices, appeals, recognizances, papers, and proceedings in actions changed to a
new county under this chapter, issued and made returnable to the district court of the original
county prior to the creation of the new county, shall be taken and considered as made, taken,
and returnable to the district court within the boundaries of the new county.Such bonds,recognizances, and obligations shall be payable to the new county and recoverable upon in the
name of the new county. All papers and certified copies of all proceedings had in any such
action shall be transmitted by the clerk of the district court of the original county to the clerk of the
district court of the new county.Page No. 411-03-27.Fees of county commissioners.County commissioners while in thedischarge of their duties as provided for in this chapter shall receive the same compensation as
is allowed by law for the performance by county commissioners of their ordinary official duties.11-03-28. Elections governed by general election law. All elections held under thischapter, when it is not otherwise provided, shall be conducted in the manner prescribed by law
for the conduct of general elections. The refusal or neglect on the part of an official to perform
the official's lawful duties in connection with an election under this chapter shall not affect the
validity of the election.Page No. 5Document Outlinechapter 11-03 division of counties