# Title 40 — Municipal Government

## Chapter 40-37 — Levy for Municipal Band

### § 40-37-01. Municipality may provide tax levy for municipal band purposes.

A municipality, when authorized as provided in this chapter, may levy a tax annually for the
purpose of providing a fund for the maintenance or employment of a band for municipal
purposes.
### § 40-37-02. Authority for levy initiated by petition - Signatures - Filing - Question

submitted to electors.
The authority for making a tax levy for municipal band purposes shall be initiated by a
petition signed by at least ten percent of the qualified electors of the municipality as determined
by the number of votes cast at the last regular municipal election. The petition shall be filed with
the governing body and shall request that the following question be submitted to the qualified
electors:
Shall a tax of not exceeding ____________ mills (specifying the rate) be levied each
year for the purpose of furnishing a band fund?
When such petition is filed, the governing body shall cause the question to be submitted to the
qualified electors at the first following general municipal election.
### § 40-37-03. City band funding.

The governing body of the municipality may provide funding from revenues derived from its
general fund levy authority for the maintenance or employment of a band for municipal purposes
and may cover the appropriation in its annual general fund tax levy. The amount appropriated
for the maintenance or employment of a band for municipal purposes shall not exceed the
amount which will be raised by a levy of one mill on the taxable valuation of the taxable property
in the municipality.
### § 40-37-04. Funds derived from levy expended only for maintenance and employment

of municipal band.
All funds derived from a levy made under the provisions of this chapter shall be expended
by the governing body only for the maintenance or employment of a municipal band.
### § 40-37-05. Petition and election for cancellation of tax levy for municipal band.

A petition similar to that prescribed in section 40-37-02 may be presented to the governing
body at any time asking that the following proposition be submitted to the qualified electors:
Shall the power to levy a tax for the maintenance or employment of a band be
canceled?
The question shall be submitted at the first general or municipal election following the
presentation of such petition. If a majority of the votes cast on such question are in favor of the
proposition, no further levy for a municipal band shall be made until at such time as the question
again may be voted upon favorably.
