N.D. Cent. Code § 11-28-06

11-28-06. County parks and recreation areas funding and county parks and recreation

areas capital projects levy by board of county commissioners - Financial reports.

At the time of levying county general fund taxes for other county purposes, the board of

county commissioners shall consider the budget statement and levy request of the board of

county park commissioners and may fund from revenues derived from county general fund levy

authority an amount to pay the actual necessary expenses of the county park and recreational

areas and activities program of the board of county park commissioners, including repair and

operation of the park and recreational areas and their facilities under its control and those

recreational activities of benefit to the general populace of the county which are under the

control of a city or a city park district within the county. In the year for which the levy in sought, a

board of county park commissioners seeking approval of a property tax levy under this chapter

must file with the county auditor, at a time and in a format prescribed by the county auditor, a

financial report for the preceding calendar year showing the ending balances of each fund held

by the board of county park commissioners during that year. The county auditor shall credit the

funding authorized by the board of county commissioners to the separate fund of the board of

county park commissioners. This levy shall not apply to cities that already have a park levy

unless the governing body of the city by resolution consents to the levy.

The board of county commissioners shall consider the certificate and budget statement of

the board of county park commissioners and may levy taxes annually as provided in section

57-15-06.6 for county park capital projects; acquiring real estate as a site for public parks; and

construction, equipping, and maintaining structural and mechanical components of parks and

recreational facilities. The question of whether the levy for county park capital projects for

county parks and recreational facilities is to be discontinued must be submitted to the qualified

electors at the next regular election upon petition of twenty-five percent of the qualified electors

voting in the last regular county election, if the petition is filed not less than sixty days before the

election. A levy may not be discontinued or reduced if it is dedicated to the payment of bonds

issued pursuant to subsection 6 of section 21-03-07. If the majority of the qualified electors vote

to discontinue the levy for county park capital projects for county parks and recreational

facilities, it may not again be levied without a majority vote of the qualified electors at a later

regular election on the question of relevying the tax, which question may be submitted upon

petition as above provided or by decision of the governing board. The levy for county park

capital projects for county parks and recreational facilities does not apply to any property

located in a city in which park district taxes are levied, unless the governing body of the city in

which the property is located consents, by resolution, to the levy.