Joint exercise of powers
N.D. Cent. Code § 40-33.2-11
in effect40-33.2-11. Joint exercise of powers
Any power or powers exercised or capable of exercise by a city with respect to its electric
utility system, or any project, or by a municipal power agency, may be exercised jointly with any
other public agency having such power or powers. In furtherance of joint exercise of powers, a
city or municipal power agency may enter into an agreement with one or more public agencies
for joint or cooperative action pursuant to this section, including the creation of a separate entity
to carry out the purpose of the agreement. Appropriate action, by resolution or otherwise
pursuant to law of the governing bodies of the cities, municipal power agencies, or other public
agencies involved in authorizing or approving the agreement, shall be necessary before any
agreement may become effective. Any agreement shall specify its duration, the precise
organization, composition, and nature of any separate legal or administrative entity created,
together with the powers delegated, its purpose or purposes, the manner of financing the joint or
cooperative undertaking, the permissible method or methods to be employed in accomplishing
the termination of the agreement and for disposing of property upon termination, and any other
matters deemed necessary or appropriate. In addition, the agreement may provide for the joint
or cooperative undertaking through the use of a separate legal entity already in existence. No
agreement pursuant to this section shall relieve any city or municipal power agency of any
obligation or responsibility imposed upon it by law except to the extent of actual and timely
performance of the agreement by another party to the agreement or by a legal or administrative
entity created by the agreement, which performance may be offered in satisfaction of the
obligation or responsibility. Agreements pursuant to this section shall not be subject to any of the
provisions, limitations, or restrictions contained in chapter 54-40.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t40c33-2.pdf#nameddest=40-33p2-11Fetched: 10/16/2026