50-55
Elections
Cite as N.D. Op. Att'y Gen. 50-55
OPINION
50-55
March 20, 1950 (OPINION)
ELECTIONS
RE: Townships for Surfacing of Highways
Your letter of March 16 addressed to the Attorney General has been
received and referred to the undersigned for attention and reply.
You refer to Section 57-15191 of the 1949 Supplement, which provides
that "The electors of each organized township within this state may
at their annual meeting by a majority vote authorize a levy, not to
exceed eight mills, upon the valuation of all taxable property within
the township, the proceeds of which shall be used for the surfacing
of highways within such townships."
This statute must be read in the light of other statutes pertaining
to township government. Section 57-1519 provides that "The electors
of each township shall have power at the annual meeting to vote to
raise such sums of money for the repair and construction of roads and
bridges, and for all township charges and necessary expenses as they
deem expedient, within the limitations prescribed in Section 57-1520,
and on the fourth Tuesday in March, or within ten days thereafter, of
each year, the board of supervisors of each civil township shall levy
annual taxes for the ensuing year, as voted at the annual township
meeting, * * *."
It is the opinion of this office that the levy provided for in
Section 57-15191 of the 1949 Supplement is a levy that must be made
annually upon a majority vote at the annual township meeting.
WALLACE E. WARNER
Attorney General