# Title 40 — Municipal Government

## Chapter 40-59 — Municipal Memorial Levy

### § 40-59-01. Armory or memorial funding.

The governing body of any municipality maintaining an armory annually may provide
funding from revenues derived from its general fund levy authority for armory or memorial hall
maintenance, repair, alteration, and reconstruction.
### § 40-59-02. Resolution and notice of election.

The resolution and order of the governing body of the municipality calling an election
pursuant to the provisions of this chapter shall contain a general description of the precise
purpose for which a tax is to be levied and collected, the maximum mills per annum to be levied
not to exceed two mills per annum, and the time when such election shall be held. Notice of the
adoption of such resolution and of the election to be held in pursuance thereof shall be
published by the auditor thirty days prior to the day of election.
### § 40-59-03. Form of ballot.

The form of the ballot at an election authorized by this chapter shall be prepared by the
auditor and shall be substantially as follows:
Shall a levy of not to exceed two mills be made for the purpose of
____________________?
Yes ☐
No ☐
There shall be inserted in the blank space in such question appropriate words describing the
purpose and nature of the improvement to be undertaken.
### § 40-59-04. Conduct of election.

A special election upon the question of levying taxes for such purpose shall be held at a
time to be set by the governing body of the municipality. The votes cast upon the question of the
proposed tax levy shall be returned and canvassed as other votes cast at elections are returned
and canvassed, and the result of such election shall be certified and spread upon the minutes of
the proceedings of the governing body of the municipality at the next regular or special meeting
thereafter.
