§ 40-55-09 — Voter-approved levy authority for city public recreation system

North Dakota § 40-55-09

• Jurisdiction: North Dakota
• Title 40: Municipal Government
• Ch. 40-55: Public Recreation System

Text

1. The governing body of a city may, and upon receipt of a petition signed by at least ten
qualified electors but not less than five percent of those qualified electors who voted at
the last general election of the city shall, submit to the qualified electors the question of
approval or disapproval of voter-approved levy authority for establishment,
maintenance, and conduct of a public recreation system at the next general election or
special municipal election if the question to be placed on the ballot is filed thirty days
prior to the date of the election. The ballot measure question to approve a levy under
this section must be stated to ask if the elector approves a voter-approved tax by the
city for a public recreation system in a stated number of mills, not exceeding six mills.
If approved by a majority of city electors voting on the question, the city may levy an
additional tax within the limitation of subsection 13 of section 57-15-10. After
January 1, 2015, approval or reauthorization by electors of voter-approved levy
authority under this section may not be effective for more than ten taxable years. Any
voter-approved levy under this section or section 40-55-08 approved by the electors of
a city before January 1, 2015, remains effective for ten taxable years or the period of
time for which it was approved by the electors after it was approved, whichever is less,
under the provisions of law in effect at the time it was approved. The governing body of
the city shall discontinue the levy for public recreation purposes if the qualified voters,
at a regular or special election, by a majority vote on the proposition, decide to
discontinue the levy. A vote of the qualified electors is not required to discontinue the
levy under this section if the levy authority is no longer required as a result of a merger
between a park district and a city public recreation system.
2. A vote that occurred pursuant to subsection 1 before a city public recreation system
and a park district merged pursuant to subsection 2 of section 57-15-12 is no longer
valid to authorize levying mills for a city public recreation system.