7-7-2266. Procedure in case of insufficient tax levy -- individual liability of county commissioners. (1) If the board of county commissioners of any county shall fail, neglect, or refuse in any year to make a levy sufficient to pay the interest on and principal of any issue or series of bonds as required by the provisions of 7-7-2265, the holder of any bond of such issue or series or any taxpayer paying taxes on property situated in such county may apply to the district court of the county issuing such bonds for a writ of mandate to compel the board of such county to make a proper and sufficient levy for such purposes.
(2) If, upon the hearing of such application, it shall appear to the satisfaction of the court that the board has failed, neglected, or refused to make any levy whatever for such purposes or has made a levy but that the same is insufficient to raise the amount required to be raised for such purposes under the provisions of 7-7-2265, the court shall determine the amount of the deficiency and shall issue a writ of mandate directed to and requiring such board, at the next meeting thereof for the purpose of making and fixing county levies, to raise the amount of such deficiency. This levy shall be in addition to the levy required to be made for the then-current fiscal year.
(3) Any costs which may be allowed or awarded the petitioner in any such proceeding shall be paid by the members of the board and shall not be a charge against such county.
History: En. Sec. 26, Ch. 188, L. 1931; re-en. Sec. 4630.26, R.C.M. 1935; R.C.M. 1947, 16-2040.
Structure Montana Code Annotated
Part 22. County General Obligation Bonds
7-7-2201. Purposes for which general obligation bonds of county may be issued
7-7-2202. Authority to issue general obligation bonds to satisfy judgments
7-7-2203. Limitation on amount of bonded indebtedness
7-7-2204. Effect of issuing bonds in excess of limitations on amount
7-7-2205. Nature of general obligation bonds
7-7-2206. Term of general obligation bonds
7-7-2212. Citizen bonds authorized
7-7-2213. Citizen bonds -- procedural requirements prior to issuance
7-7-2214. Citizen bonds -- procedure when issue not fully subscribed
7-7-2215. Zero-coupon bonds and capital appreciation bonds
7-7-2216. through 7-7-2220 reserved
7-7-2221. Issuance of certain general obligation bonds without election
7-7-2222. Procedure to issue bonds without election
7-7-2223. Election required for issuance of certain bonds
7-7-2224. Form and contents of petition
7-7-2225. Filing of petition with election administrator -- certificate
7-7-2226. Delivery of certified petition to board of county commissioners
7-7-2227. Examination of petition -- resolution calling for election
7-7-2237. Percentage of electors required to authorize bond issue
7-7-2238. Resolution to sell bonds pursuant to public sale
7-7-2239. Rescission of resolution authorizing bond issue
7-7-2240. through 7-7-2250 reserved
7-7-2251. Form of notice of sale of bonds
7-7-2252. Publication of notice of sale of bonds
7-7-2254. Procedure for sale of bonds
7-7-2255. Form and execution of bonds
7-7-2257. Registration of bonds
7-7-2258. Copy of bond to be kept by county treasurer
7-7-2260. Disposition of sale proceeds
7-7-2261. Maintenance of accounts for bond issues
7-7-2262. Payment of principal and interest
7-7-2263. Interest on late payments of principal and interest on bonds held by state
7-7-2264. Statement as to amount of principal and interest due and payable on bonds
7-7-2265. Tax levy for payment of bonds
7-7-2266. Procedure in case of insufficient tax levy -- individual liability of county commissioners
7-7-2269. Order of redemption of bonds
7-7-2270. Authority to purchase outstanding bonds
7-7-2272. Cancellation of bonds and coupons
7-7-2273. Cancellation of warrants and refunded general obligation bonds
7-7-2274. Closing of accounts and transfer of money to other accounts