67-10-402. Tax levy. (1) For the purpose of establishing, constructing, equipping, maintaining, and operating airports, landing fields, and ports under the provisions of this chapter and as provided in Title 7, chapter 14, part 11, the county commissioners or the city or town council may each year assess and levy, in addition to the annual levy for general administrative purposes or the all-purpose levy authorized by 7-6-4451 and 7-6-4452, a tax on the dollar of taxable value of the property of said county, city, or town:
     (a) not to exceed 2 mills for airports and landing fields; and
     (b) not to exceed 2 mills for ports.
     (2) In the event of a jointly established airport, landing field, or port, the county commissioners and the council or councils involved shall determine in advance the levy necessary for such purposes and the proportion each political subdivision joining in the venture must pay.
     (3) No property within any political subdivision may be subject to a tax pursuant to this section at an annual rate in excess of 2 mills for airports, landing fields, or ports unless it is found that the levy is insufficient for the purposes enumerated. In such a case the commissioners and councils acting are authorized and empowered to contract an indebtedness on behalf of such county, city, or town, as the case may be, upon the credit thereof by borrowing money or issuing bonds for such purposes, provided that no bonds may be issued for such purpose until the proposition has been submitted to the qualified electors and a majority vote cast therefor, except as provided in subsection (4).
     (4) For the purpose of establishing a reserve fund to resurface, overlay, or improve existing runways, taxiways, and ramps, the governing bodies may set up annual reserve funds in their annual budget if:
     (a) the reserve is approved by the governing bodies during the normal budgeting procedure;
     (b) the necessity to resurface or improve said runways by overlays or similar methods every so many years is based upon competent engineering estimates; and
     (c) the funds are expended at least within each 10-year period.
     (5) The reserve fund may not exceed at any time a competent engineering estimate of the cost of resurfacing or overlaying the existing runways, taxiways, and ramps of any one airport for each fund. The governing body of the airport or port, if in its judgment it considers it advantageous, may invest the fund in any interest-bearing deposits in a state or national bank insured by the FDIC or obligations of the United States of America, either short-term or long-term. Interest earned from such investments must be credited to the operations and maintenance budget of the airport or port governing body. The above provisions, notwithstanding other budget control measures and due to the uniqueness of the subject matter, are declared necessary in the interests of the public health and safety.

     History: En. Sec. 4, Ch. 108, L. 1929; re-en. Sec. 5668.38, R.C.M. 1935; amd. Sec. 4, Ch. 54, L. 1941; amd. Sec. 1, Ch. 54, L. 1945; amd. Sec. 1, Ch. 122, L. 1969; amd. Sec. 16, Ch. 158, L. 1971; amd. Sec. 3, Ch. 501, L. 1973; R.C.M. 1947, 1-804; amd. Sec. 14, Ch. 140, L. 1979; amd. Sec. 1, Ch. 231, L. 1981; amd. Sec. 18, Ch. 456, L. 1985.