AGO 81-065.

Case DateJune 18, 1981
CourtNorth Dakota
North Dakota Attorney General Opinions 1981. AGO 81-065. OPINION 81-65Date Issued: June 18, 1981 (AGO 81-65) Requested by: A. S. Benson, Bottineau County State's Attorney- QUESTIONS PRESENTED - Whether townships in a rural ambulance service district supported by a two-mill tax levy pursuant to chapter 11-28.3 of the North Dakota Century Code may withdraw from such district, consolidate with a volunteer ambulance service in an adjoining county and continue to receive the two-mill tax levy on the property within their townships. Whether the townships referred to in Question I can, if they remain in the rural ambulance service district, use all or part of the two-mill levy on the property in those townships under a contract agreement with the county rural ambulance service district and the volunteer ambulance service in the adjoining county to provide ambulance service to the five townships and the volunteer ambulance service area in the adjoining county. Whether there are any available guidelines as to the percentage of the total mill levy in a countywide rural ambulance service district that may be used for funding administrative expenses. Whether a rural ambulance service district may expend money for payment of expenses of members of the district's board of directors in attending related conventions and continuing education programs.- ATTORNEY GENERAL'S OPINION - I. It is my opinion that upon following the procedure for withdrawal as provided in section 11-28.3-1 3, N.D.C.C., townships in a rural ambulance service district may withdraw from the district, but upon lawful withdrawal from the district, the taxable property in the withdrawn townships would not be subject to the district's tax levies made after the withdrawal and could not then be taxed for rural ambulance service unless the withdrawn area was lawfully organized into its own rural ambulance service district or became a part of another rural ambulance service district. II. It is my further opinion that while individual townships remain a part of a larger rural ambulance service district, they may not separately contract with the district nor a volunteer ambulance service in an adjoining county. It is my further opinion that there are no guidelines that establish the percentage of the total mill levy in a countywide rural ambulance service district that may...

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