§ 40-40-09 — Determination of amount to be levied - Adoption of levy - Limitations

After completing the final budget on or before October seventh, the governing body shall
proceed to make the annual tax levy in an amount sufficient to meet the expenses for the
ensuing year as determined at the budget meeting. In determining the amount required to be
levied, the governing body first shall ascertain its net current resources by adding the estimated
revenue for the ensuing year other than property taxes, any transfers in, and the estimated fund
balance at the end of the current year. Then the governing body shall ascertain its appropriation
and reserve by adding the final appropriation for the ensuing year, any transfers out, and the
cash reserve. The net current resources must be deducted from the appropriation and reserve
and the balance shall be considered the amount that is required to be raised by taxation during
the ensuing year. The determination of the amount of the levy that can be collected within the
ensuing year must be made by the governing body based upon the past experience of the
district. The levy as finally adopted must be approved by a majority vote of the members of the
governing body and noted in the proceedings of the governing body. The amount levied is
subject to the limitations as prescribed by the laws of this state and is subject to the further
limitation that the amount may not exceed the levy requested by the municipality. The levy
adopted must appropriate in specific amounts the money necessary to meet the expenses and
liabilities of the municipality.