Montana Attorney General Opinion 16-322

Opinion No. 322. Counties-Roads and Bridges-Bridge Fnnd-Bonds--County Com- missioners. HELD: The Board of County Com- missioners is vested with power and authority to issue, negotiate and sell coupon bonds of the county for the construction of bridges but if the in- debtedness or liability exceeds $10,000 for any single purpose it must be ap- proved by a majority of the electors. Mr. Al Hansen County Attorney Baker, Montana July 10, 1936. You have submitted the following: It is necessary for Fallon County to reconstruct a bridge which has col- lapsed and has been condemned. There are insufficient funds in the bridge fund to pay for the cost, esti- mated at $8,000, and the maximum levy for 1936 will be insufficient to pay for its cost and take care of the other bridges in the county during the fiscal year. You desire to know whether the county commissioners may issue bonds so that payment may be spread over more than one year. By Section 4630.1, Subdivision (c), R. C., the board of county commis- sioners of every county is vested with the power and authority to issue, ne- gotiate and sell coupon bonds of the county for the construction of bridges. (See also Section 4465.26, R. C.) The Constitution, Article XV, Section 5, requires approval of a majority of the electors when the proposed indebted- ness or liability for any single pur- pose exceeds $10,000. If no emergency exists, the county commissioners may submit in the next budget estimates of expenditures for construction of bridges from the proceeds of a bond issue. (Sections 4613.1 and 4613.4, R. C.) If an emer- gency is found to exist, as provided by Section 4613.6, R. C., expenditures for the construction of the bridge may be made by warrants, as in this sec- tion provided, which may be funded by a bond issue, as provided by Sec- tion 4630.1, subdivision (e), R. C.