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<br />CASS COUN1Y <br />GOVERNMENT <br />-'- <br /> <br />State's Attorney <br /> <br />Birch P. Burdick <br /> <br />Assistant State's <br /> <br />Attorneys: <br /> <br />Mark R. Boening <br />Tracy J. Peters <br />Lori S. Mickelson <br />Lisa K. Fair McEvers <br />Trent W Mahler <br />Aaron G. Birst <br />Earle R. Myers, Jr. <br />Leah J. Viste <br />Reid A. Brady <br /> <br />Victim/Witness <br />Coordinators: <br /> <br />Brenda Olson-Wray <br />Debbie Tibiatowski <br /> <br />Check Division/ <br />Restitution: <br /> <br />Linda Workin <br />Charlotte Johnson <br /> <br />RECEIVED <br />AUG 3 1 2004 <br /> <br />CASS COUNTY COMMISSION <br /> <br />To: <br />From: <br />Re: <br />Date: <br /> <br />Vern Bennett <br />Earle Myers, Assistant Cass County State's Attorney <br />County Ordinances on Swimming Pools and Tattoo parlors <br />August 25, 2004 <br /> <br />Dear Mr. Bennett; <br /> <br />I have reviewed the state statutes in this matter and have been in contact with <br />Leanne Schneider of the Attorney Generals office regarding this matter. <br /> <br />While our first thought was that we could handle the matter under the Public <br />Health umbrella, we now feel that approach is inappropriate. <br /> <br />We have reviewed the following sections of the North Dakota Century Code for <br />your reference. Article VII section 10 Political subdivisions of the North Dakota <br />Constitution, Sec 40-05-01 on Powers of municipalities, Sec 11-33-20 Township <br />zoning, Chapter 11-09.1 Home Rule Counties, and Chapter 54-40.3 (1) Joint <br />Powers Agreements. <br /> <br />From a review of the above materials it is my opinion, that should the County <br />adopt the referenced ordinances it would be necessary for each of the <br />Incorporated Cites to adopt the ordinance by entering into a Joint Powers <br />Agreement pursuant to Section 54-40.3-01 in order to make the ordinance <br />effective within their jurisdiction. <br /> <br />Section 54-40.3-01 provides <br />"Any county, city, township, city park district, school district, or other <br />political subdivision of this state, upon approval of its respective governing body, <br />may enter into an agreement with any other political subdivision of this state for <br />the cooperative or joint administration of any power or function that is authorized <br />by law or assigned to one or more of them. ..." <br /> <br />Therefore it would be necessary for each of the Incorporated Cities to enter into <br />Box 2806 such an agreement with the County. Should a city choose not to enter into such an <br />211 Ninth Street South agreement then the ordinance would have no effect in their jurisdiction. If you <br />Fargo, North Dakota 58108 have further questions please feel free to contact me at any time. <br /> <br />PH: 701-241-5850 <br />Fax: 701-241-5838 <br />