GRAND FORKS COUNTY, NORTH DAKOTA HOME RULE CHARTER TABLE OF CONTENTS Preamble Article 1 Board of County Commissioners to Exercise Powers .. 1 Article 2 Home 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, Offices, Agencies, Boards and Commissions .. 5 Article 8 Financial Procedures ... 6 Article 9 Revenue Authority and Limitations .. 6 Article 10 Separability Clause ..7 Article 11 Succession in Government. ...7 Article 12 Amendments and Repeal ..7 PREAMBLE We, the people of Grand Forks, do establish this Home Rule Charter. Article 1 Board of County Commissioners to Exercise Powers Subject to the limitations imposed by the North Dakota Constitution, state law, and this charter, the home rule powers of Grand Forks County will be vested in the Board of County Commissioners. The Board of County Commissioners will have plenary power to enact ordinances and resolutions to carry out and give effect to the express and implied powers granted in this charter and to prescribe the functions of government to be performed under this charter. Article 2 Home Rule Powers of County In addition to powers granted counties under the constitution and laws of the State of North Dakota, Grand Forks County will have among its enumerated home rule powers, subject to implementation by ordinance or resolution of the Board of County Commissioners, the following: 1.Acquire, hold, operate, and dispose of property within or without the county limits, and exercise the right of eminent domain for those purposes. 2. Control its finances and fiscal affairs; appropriate money for its purposes, and make payments of its debts and expenses; contract debts, borrow money, issue bonds, warrants, and other evidences of indebtedness; establish charges for any county or other services to the extent authorized by state law, and establish debt limitations. 3. Levy and collect property taxes and special assessments for benefits conferred, for its public and proprietary functions, activities, operations, undertakings, and improvements. All property must be assessed in a uniform manner as prescribed by the state board of equalization and the state supervisor of assessments and all taxable property must be taxed by the county at the same rate unless otherwise provided by law. 4. Levy and collect an infrastructure fee upon majority approval of the qualified electors of the county at a regular or special election. The fee must replace a general special assessment on all property for payment of infrastructure maintenance costs through a utility bill issued by the county. The money collected under this subsection may not be used for any purpose other than infrastructure maintenance costs. If the county levies an infrastructure fee, the county also may levy and collect green field special assessments. 5. Levy and collect sales and use taxes, alcoholic beverage gross receipts taxes, a county lodging tax, and a county restaurant tax. 6. Provide for county elected and appointed officers and employees, their selection, powers, duties, qualifications, and compensation, and the terms of county appointed officers and employees. 7. Provide for all matters pertaining to county elections, except as to qualifications of electors. 8. Provide for the adoption, amendment, repeal, initiation, referral, enforcement, and civil and criminal penalties for violation of ordinances, resolutions, and regulations to carry out its governmental and proprietary powers and to provide for public health, safety, morals, and welfare. However, this subsection does not confer any authority to regulate any industry or activity which is regulated by state or federal law or by rules adopted by a state or federal agency. This subsection does not confer the authority to regulate the private use of agricultural chemicals. 9. Lay out or vacate public grounds, and provide for the construction, use, operation, designation, and regulation of a county road system. 10. Provide for zoning, planning, and subdivision of public or private property within the county limits but outside the zoning authority of any city or organized township or airport authority. 11. Exercise in the conduct of its affairs all powers usually exercised by a corporation. 12. Contract with and receive grants from any other governmental entity or agency, with respect to any local, state, or federal program, project, or works. The enumeration of particular powers by this charter shall not be deemed to be exclusive, and in addition to the powers enumerated herein or implied hereby, or appropriate to the exercise of such powers, it is intended that the county shall have and may exercise all powers which under the constitution and laws of this state, it would be competent for this charter specifically to enumerate. Article 3 Adoption of Ordinances and Resolutions Section 1 -Definitions An ordinance is any enactment by the Board of County Commissioners or the people which prescribes a permanent rule or statute governing the actions of persons or bodies. A resolution is any enactment by the Board of County Commissioners or the people which defines policies or procedures governing the actions of persons or bodies for a limited period of time. Section 2 -Procedures Any enactments by the people or the Board of County Commissioners implementing charter provisions, or expanding or curtailing any of the powers or authorizations provided herein, will be in the form of ordinances or resolutions. Each ordinance or resolution introduced through the Board of County Commissioners will have two readings, with the first reading consisting of announcement of the title of the ordinance or resolution at a meeting of the Board of County Commissioners and publication of a summary of the enactment in the official newspaper of the county at least 20 days before the second reading. The proposed enactment will then be given second reading, which will be by title, and submitted to a roll call vote of the Board of County Commissioners. If a majority of the elected commissioners concur, the enactment will become effective on the date stated in the enactment or if no date is stated, on the first day of the month following the date of enactment. Section 3 -Limitations 1.No ordinance enacted under this charter will supersede any ordinance of any political subdivision without its consent. 2. No ordinance may be enacted to diminish the authority of the boards of supervisors of townships or change the structure of organized township government. Article 4 Initiative and Referendum The powers of initiative and referendum are reserved to the electors of Grand Forks County. The applicable provisions of state law will govern the exercise of the powers of initiative and referendum under this charter. The number of signatures required to exercise these powers is at least equal in number to fifteen per cent of the number of electors voting in the county for the office of governor in the last general election. Article 5 Referenda by Board of County Commissioners The Board of County Commissioners may on its own motion submit any question to the electorate for a vote of the people at any primary or general election specified by the Board. If the question is submitted in the form of a proposed ordinance or resolution and it is approved by a majority of votes cast, and the Board subsequently adopts the ordinance or resolution within six (6) months of the vote, the ordinance or resolution may not be subject to referral by petition for a period of two years from the date of adoption. Article 6 Elections Section 1 - Offices to be Elected 1. The Board of County Commissioners shall consist of five members who shall be elected on a nonpartisan ballot. All of the candidates seeking the office of county commissioner shall be voted upon by the qualified electors of the entire county. 2. The Board of County Commissioners may enact ordinances concerning the organization and structure of elected county offices in accordance with state law. 3. The