AGO 80-013.

• Case Date: March 03, 1980
• Court: North Dakota

North Dakota Attorney General Opinions 1980. AGO 80-013. LETTER OPINION March 3, 1980 (OPINION) OPINION 80-13Mr. Maurice R. HunkeAttorney at Law P.O. Box 1303 208 First Avenue East Dickinson, North Dakota 58601 Dear Mr. Hunke: This is in response to your letter of January 7, 1980, wherein you request an opinion from this office relative to creation of the West River Water Supply District as authorized by chapter 61-24.2 of the North Dakota Century Code. You indicate in your letter that the Board of Commissioners of the City of Dickinson has decided to place the question for creating the district on the ballot for the forthcoming municipal election, and that two questions are being submitted for opinion. Your letter states your first question as follows: Question No. 1

North Dakota Century Code section 61-24.2-04 provides effectively that the West River Water Supply District may be created by "A vote upon the question of the creation of the district and authorization of a mill levy. . . ." (Emphasis supplied). The legislation further provides that the governmental entities which may become members of the district do not actually levy the tax authorized, but instead the board of directors provided for in the legislation levies the tax in the manner provided. However, because of the language quoted and emphasized above, it appears that the matter of authorization of a mill levy should be included in some manner in the ballot question. Thus, we seek your opinion as to whether the following proposed ballot question will be legally sufficient:

Shall the West River Water Supply

District be created and the City of

Dickinson become a member thereof

and the District be authorized to

levy a tax therefor in an amount not

to exceed one mill upon all of the

taxable property within the city,

all pursuant to the provisions of Yes ____

North Dakota Century Code chapter

61-24.2? No ____

In the event you do not deem the above proposed ballot question sufficient, I would appreciate your propounding a suitable ballot question.

Regarding your first question, it is our opinion that your proposed ballot is legally sufficient, since it includes both the question of creation of the district and authorization of a mill levy. This opinion is based on interpretation of section 61-24.2-03 in accordance with chapter 1-02 of the North...