Find Legal Information

40-37 Levy for Municipal Band

Download pdf

CHAPTER 40-37LEVY FOR MUNICIPAL BAND40-37-01.Municipality may provide tax levy for municipal band purposes.Amunicipality, when authorized as provided in this chapter, may levy a tax annually for the purpose<br>of providing a fund for the maintenance or employment of a band for municipal purposes.40-37-02. Authority for levy initiated by petition - Signatures - Filing - Questionsubmitted to electors. The authority for making a tax levy for municipal band purposes shall be<br>initiated by a petition signed by at least ten percent of the qualified electors of the municipality as<br>determined by the number of votes cast at the last regular municipal election. The petition shall<br>be filed with the governing body and shall request that the following question be submitted to the<br>qualified electors:Shall a tax of not exceeding ____________ mills (specifying the rate) be levied each<br>year for the purpose of furnishing a band fund?When such petition is filed, the governing body shall cause the question to be submitted to the<br>qualified electors at the first following general municipal election.40-37-03. Votes required to authorize levy - Limitations on tax levy. The levy formunicipal band purposes shall be authorized if sixty percent of the votes cast at the election are<br>in favor of the proposition. The governing body of the municipality thereupon may include in its<br>budget an appropriation for the maintenance or employment of a band for municipal purposes<br>and may levy a tax to cover the appropriation in its annual tax levy. The amount of the levy to<br>cover such appropriation, together with the aggregate amount levied for general purposes, shall<br>be within the limitations prescribed in chapter 57-15.The amount appropriated for themaintenance or employment of a band for municipal purposes shall not exceed the amount<br>which will be raised by a levy of one mill on the taxable valuation of the taxable property in the<br>municipality.40-37-04.Funds derived from levy expended only for maintenance andemployment of municipal band. All funds derived from a levy made under the provisions of<br>this chapter shall be expended by the governing body only for the maintenance or employment of<br>a municipal band.40-37-05. Petition and election for cancellation of tax levy for municipal band. Apetition similar to that prescribed in section 40-37-02 may be presented to the governing body at<br>any time asking that the following proposition be submitted to the qualified electors:Shall the power to levy a tax for the maintenance or employment of a band be<br>canceled?The question shall be submitted at the first general or municipal election following the<br>presentation of such petition. If a majority of the votes cast on such question are in favor of the<br>proposition, no further levy for a municipal band shall be made until at such time as the question<br>again may be voted upon favorably.Page No. 1Document Outlinechapter 40-37 levy for municipal band