48-229
Taxation
Cite as N.D. Op. Att'y Gen. 48-229
OPINION
48-229
March 23, 1948 (OPINION)
TAXATION
RE: Levies for Airport Purposes
Your letter of March 18, 1948, addressed to this office, has been
received and contents noted.
You state that the question has been raised in your office as to the
disposition of a three mill levy by cities for airport purposes as
provided by chapter 347 of the 1947 Session Laws. You state that in
your opinion chapter 349 of the 1947 Session Laws does not govern the
disposition of the three mill levy for airport purposes, but that
resort must be made to the revised code of 1943, particularly
chapter 11, section 1415.
I do not know what particular section you refer to by chapter 11,
section 1416. I take it, however, that your question is whether or
not the levy authorized by chapter 347 of the 1947 Session Laws must
be within the levy limitation fixed by chapter 355 of the 1947
Session Laws.
Chapter 347 of the 1947 Session Laws is an independent act and has
not any reference to the levy limitations prescribed by chapter 355
which is an amendment of section 57-1508 of the 1943 Revised Code.
Since said chapter 347 is a separate and independent act, it is our
opinion that the levy provided therein is not limited by, but is in
addition to the limitation fixed by chapter 355 of the 1947 Session
Laws.
NELS G. JOHNSON
Attorney General