Montana Code Annotated 2023

TITLE 67. AERONAUTICS

CHAPTER 10. MUNICIPAL AIRPORTS

Part 2. General Powers of Municipality Relating to Airports

Creation Of Board -- Funding -- Rules

67-10-202. Creation of board -- funding -- rules. (1) The county, city, or town, acting individually or acting jointly as authorized by 67-10-102, having established an airport and acquired property for that purpose, may construct, improve, equip, maintain, and operate the airport. The county, city, or town may create a board or body from the residents of the county, city, town, or joint subdivision of the state and may confer upon the board or body the jurisdiction for the improvement, equipment, maintenance, and operation of the airport. The board of county commissioners, the city or town council, or the board of county commissioners and the council or councils under a joint venture may adopt rules and establish fees or charges for the use of the airport or may authorize the board or body to do so, subject to the approval of the appointing power before the fees or charges may take effect. All expenses of the construction, improvement, equipment, maintenance, and operation are a charge against the county, city, or town. When a county, city, or town acts jointly under the authority provided in this section, the charges are against the joint subdivision of the state and must be apportioned according to benefits to accrue, the proportion to be paid by each to be fixed in advance by joint resolution of the governing bodies.

(2) For the purpose of complying with subsection (1), when the airport is a joint venture, a joint fund must be created and maintained into which each of the political subdivisions in the joint venture shall deposit its proportionate share in accordance with the predetermination of the board of county commissioners and council or councils affected.

(3) All disbursements from the fund must be made by order of the joint board or body, if one is created as authorized, otherwise under the rules that the joint control by the commissioners and council or councils may adopt.

History: En. Sec. 3, Ch. 108, L. 1929; re-en. Sec. 5668.37, R.C.M. 1935; amd. Sec. 3, Ch. 54, L. 1941; amd. Sec. 3, Ch. 88, L. 1961; R.C.M. 1947, 1-803; amd. Sec. 21, Ch. 300, L. 2005.