Section 40-17-74 Disposition of sums allocated and apportioned to counties.

Section 40-17-74

Disposition of sums allocated and apportioned to counties.

(a) The amounts allocated or apportioned to each county pursuant to each of Sections 40-17-72 and 40-17-73 shall be disposed of as follows:

(1) Ten percent of the amount so allocated or apportioned to each county shall be distributed among the municipalities in the county with respect to which the allocation or apportionment is made, each such distribution among the said municipalities to be on the basis of the ratio of the population of each such municipality to the total population of all municipalities in the applicable county according to the then next preceding federal decennial census; and

(2) The remaining portion of the amount so allocated or apportioned to each county shall be distributed to the county with respect to which such allocation or apportionment is made.

The distributions provided for in this subsection shall be made monthly.

(b) The population of any municipality incorporated subsequent to the taking of the then next preceding federal decennial census shall be deemed to be the population shown by the census for that municipality taken pursuant to the requirements of Section 11-41-4. Any municipality incorporated after September 30, 1967, shall not participate in the distribution provided for in this section until the fiscal year next succeeding the fiscal year during which it is incorporated, the first distribution to such municipality to be made in respect of receipts of the highway gasoline tax by the state during October of the fiscal year next succeeding the said incorporation.

(c) When requested to do so by any municipality, the Department of Transportation may at its discretion make available the services and advice of its engineers and other employees with respect to any work for which that municipality proposes to expend moneys distributed to it under this division. Any such services and advice that may be so made available shall be provided under such terms and conditions as may be mutually agreeable to the Department of Transportation and the municipality.

(Acts 1967, Ex. Sess., No. 224, p. 295, §5; Acts 1969, No. 217, p. 536, §1.)