§ 57-15-38 — City capital improvements fund levy

North Dakota § 57-15-38

• Jurisdiction: North Dakota
• Title 57: Taxation
• Ch. 57-15: Tax Levies and Limitations

Text

1. The governing body of any city may levy a tax for a capital improvements fund not
exceeding ten mills under section 57-15-10, to be used for one of the purposes
specified under subsection 5, when authorized to do so by a majority of the electors
voting upon the question at a primary or general election. A ballot submitted to the
electors under this subsection may contain multiple questions and each question must
specify:
a. The singular purpose, selected from the purposes specified under subsection 5,
for which the levy authority is being sought;
b. The number of mills requested for the purpose specified in subdivision a; and
c. The duration of the requested levy authority.
2. The governing body of any city may levy a tax for a capital improvements fund not
exceeding ten mills under section 57-15-10, to be used for any of the purposes
specified under subsection 5, when authorized to do so by sixty percent or more of the
qualified electors voting upon the question at a primary or general election.
3. The governing body of any city may levy an additional tax for a capital improvements
fund exceeding ten mills but not exceeding twenty mills under subsection 57-15-10, to
be used for one of the purposes specified under subsection 5, when authorized to do
so by sixty percent or more of the electors voting upon the question at a primary or
general election. A ballot submitted to the electors under this subsection may contain
multiple questions and each question must specify:
a. The singular purpose, selected from the purposes specified under subsection 5,
for which the levy authority is being sought;
b. The number of mills requested for the purpose specified in subdivision a; and
c. The duration of the requested levy authority.
4. Any excess levy for capital improvements under this section approved by the electors
of a city before July 1, 2015, remains effective for ten taxable years or the period of
time for which it was approved by the electors, whichever is less, after it was
approved, under the provisions of law in effect at the time it was approved. After
June 30, 2015, approval or reauthorization by electors of increased levy authority
under this section may not be effective for more than ten taxable years.
5. The capital improvements fund may be used for:
a. Paying all or part of the construction of waterworks systems, sewage systems,
public buildings, or any other public improvements;
b. Acquiring real estate as a site for public buildings, maintaining structural and
mechanical components of public buildings, and furnishing of public buildings;
c. A city's participating share in urban renewal programs;

d. Capital improvements and equipment acquisition and maintaining structural and
mechanical components for fire department stations;
e. Capital improvements and equipment acquisition and maintaining structural and
mechanical components for stations for police protection services and
correctional facilities; and
f. Acquiring and developing real estate, capital improvements, buildings, pavement,
equipment, and supporting debt service associated with financing for city-
supported airports or airport authorities.
6. The governing body of the city may create the capital improvements fund which may
be accumulated in an amount not in excess of twenty percent of the current annual
appropriation for all other purposes combined, exclusive of the appropriations to pay
interest and principal of the bonded debt, and not in excess of the limitations
prescribed by law.