Montana Code 7-7-4424. Undertakings to be self-supporting
7-7-4424. Undertakings to be self-supporting. (1) (a) Except as provided in subsections (1)(b) and (1)(c), the governing body of a municipality issuing bonds pursuant to this part shall prescribe and collect reasonable rates, fees, or charges for the services, facilities, and commodities of the undertaking and shall revise the rates, fees, or charges from time to time whenever necessary so that the undertaking is and remains self-supporting.
Terms Used In Montana Code 7-7-4424
- Governing body: means a body or board that has charge of finances and management of a municipality. See Montana Code 7-7-4402
- Municipality: means a city or town, however organized. See Montana Code 7-7-4402
- Property: means real and personal property. See Montana Code 1-1-205
- Undertaking: means one or a combination of the following:
(a)water and sewer systems, together with all parts of the systems and appurtenances to the systems, including but not limited to supply and distribution systems, reservoirs, dams, and sewage treatment and disposal works;
(b)public airport construction and public airport building;
(c)convention facilities;
(d)public recreation facilities;
(e)streets and roads;
(f)public parking facilities, solid waste management systems, or other revenue-producing facilities and services authorized for cities and towns; and
(g)public transportation systems, including passenger buses, trolleys, passenger trains and lines, light rail trains and lines, and the facilities associated with those systems. See Montana Code 7-7-4402
(b)The property taxes specifically authorized to be levied for the general purpose served by an undertaking or resort taxes approved, levied, and appropriated to an undertaking in compliance with 7-6-1501 through 7-6-1509 constitute revenue of the undertaking and may not result in an undertaking being considered not self-supporting.
(c)Revenue from assessments and fees enacted by local ordinance constitutes revenue of the undertaking and may not result in an undertaking being considered not self-supporting.
(2)The rates, fees, or charges prescribed, along with any appropriated property or resort tax collections, must produce revenue at least sufficient to:
(a)pay when due all bonds and interest on the bonds for the payment of which the revenue has been pledged, charged, or otherwise encumbered, including reserves for the bonds; and
(b)provide for all expenses of operation and maintenance of the undertaking, including reserves.