For explanatory purposes, and as a general background of the legal considerations involved, we quote the following text from 13 McQuillin, Municipal Corporations, § 37.01, pp. We further assume that you do not have in mind a single community fallout shelter serving the needs of all inhabitants of an individual municipal corporation, but rather, a number of such shelters, with corresponding local improvement districts, serving designated portions of the municipality. Initially we assume that your reference to "political subdivisions" was meant as a general reference to counties, cities and towns only, and was not meant to include districts and other lesser political units created for limited purposes only. We answer your question as set forth in the analysis below. "'May a local improvement district be created by a political subdivision of this state to finance the construction of a community fallout shelter?'" Counties, however, do not possess such authority.īy letter previously acknowledged, you requested an opinion of this office on the following question: CITIES AND TOWNS ‑- LOCAL IMPROVEMENT DISTRICTS ‑- CREATION THEREOF TO FINANCE FALLOUT SHELTERS.Ĭities and towns have the authority to create local improvement districts for the purpose of financing the construction of community fallout shelters provided the plan therefor is first submitted to the state director of civil defense for his recommendations as to conformity with the state's plan and program for civil defense.
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