Mont. Code Ann. § 7-32-233 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-233
7-32-233 Limitation on arrest authority of auxiliary officer
Status: in_force

7-32-233 . Limitation on arrest authority of auxiliary officer. An auxiliary officer has only the arrest authority granted a private person in 46-6-502 .
Mont. Code Ann. § 7-32-2208 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2208
7-32-2208 Actual confinement of inmates required
Status: in_force

7-32-2208 . Actual confinement of inmates required. An inmate committed to a detention center for trial or examination or, except as provided in 7-32-2225 through 7-32-2227 , a prisoner convicted must be actually confined in the detention center until the inmate or prisoner is legally discharged.
Mont. Code Ann. § 7-7-134 — MT Code / Title 7 / Chapter 7 / Part 1 / Section 7-7-134
7-7-134 Role of state and state agencies in relation to bankruptcy
Status: in_force

7-7-134 . Role of state and state agencies in relation to bankruptcy. The state or any department or agency of the state holding any of the securities of a local entity has the power to consent to any plan of adjustment of the indebtedness of the local entity by the board or official that has custody of and control over the securities.
Mont. Code Ann. § 7-3-703 — MT Code / Title 7 / Chapter 3 / Part 7 / Section 7-3-703
7-3-703 Charter required
Status: in_force

7-3-703 . Charter required. (1) Charter form of government shall be established by a charter which is a written document defining the powers, structures, privileges, rights, and duties of the unit of local government and limitations thereon.

(2) The enumeration of powers in a charter shall not be construed as a limitation or prohibition on the residual or self-governing powers granted by the constitution.
Mont. Code Ann. § 7-7-2311 — MT Code / Title 7 / Chapter 7 / Part 23 / Section 7-7-2311
7-7-2311 Issuance of refunding general obligation bonds without election
Status: in_force

7-7-2311 . Issuance of refunding general obligation bonds without election. Bonds may be issued without submitting the same to an election if the bonds are issued for the purpose of:

(1) refunding, paying, and redeeming optional, redeemable, or maturing bonds as set forth in 7-7-2301 (1); and

(2) refunding any bonds for which the holders have agreed to accept less than the full amount of principal and interest in full payment and satisfaction as set forth in 7-7-2301 (2).
Mont. Code Ann. § 7-7-4264 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4264
7-7-4264 Statement as to amount of principal and interest due and payable on bonds
Status: in_force

7-7-4264 . Statement as to amount of principal and interest due and payable on bonds. (1) Whenever any city or town has any issue or series of bonds outstanding and there are not sufficient funds on hand available for the payment of the full amount of the interest and principal thereof, the city treasurer or town clerk shall, between July 1 and July 15 in each year while such bonds or any of them remain outstanding and unpaid, make out and deliver to the city or town clerk a statement.

(2) The statement required by subsection (1) shall show the amount required to be raised by tax levy during the then-current fiscal year for payment of interest and principal becoming due and payable during such fiscal year or within 90 days thereafter on each issue or series of bonds outstanding. If no part of the principal of any such issue or series of bonds outstanding or if no part of the principal of any such issue or series of bonds will become due and payable within such time, then such statement shall show the amount required to be raised by tax levy during such year for payment of interest becoming due during such time and to place the proper amount in the sinking fund for the payment of the principal of such bonds when they become due, as provided in 7-7-4204 .

(3) The statement prepared by the city treasurer or town clerk shall be presented by the city or town clerk to the city or town council at its next meeting.
Mont. Code Ann. § 7-12-1115 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1115
7-12-1115 Resolution creating or expanding district
Status: in_force

7-12-1115 . Resolution creating or expanding district. When no protests have been delivered to the governing body within 15 days after the date of the first publication of the notice of the passing of the resolution of intention, when a protest shall have been found by the governing body to be insufficient or has been overruled, or when a protest against the extent of the proposed district or proposed expansion of a district has been heard and denied, the governing body has jurisdiction to order the creation or expansion of the district and shall pass a resolution creating or expanding the district in accordance with the resolution of intention.
Mont. Code Ann. § 7-4-2207 — MT Code / Title 7 / Chapter 4 / Part 22 / Section 7-4-2207
7-4-2207 Duty of officers to complete official business
Status: in_force

7-4-2207 . Duty of officers to complete official business. It is the duty of all officers to complete the business of their respective offices prior to the time of the expiration of their respective terms. If any officer, at the close of the term, leaves to the officer's successor official labor to be performed for which the officer has received compensation or that it was the officer's duty to perform, the officer is liable to pay to the successor the full value of the services, which may be recovered in any court of competent jurisdiction upon action brought against the officer on the officer's official bond.
Mont. Code Ann. § 7-33-2129 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2129
7-33-2129 Annexation of rural fire district property by municipality -- responsibility for debt
Status: in_force

7-33-2129 . Annexation of rural fire district property by municipality -- responsibility for debt. (1) If a municipality annexes property from a rural fire district, the annexed property is liable for any bonded debt of the rural fire district or for secured debt incurred by the district for the purchase of real or personal property existing as of the date the annexation proceeding was commenced to the same extent as it would have been liable if not withdrawn.

(2) A municipality shall:

(a) offset the municipal mills levied on the annexed property by the mills levied on the property for bonded or secured debt; or

(b) annually appropriate funds to the rural fire district in an amount equal to the mills levied on the annexed property for bonded or secured debt.
Mont. Code Ann. § 7-15-4505 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4505
7-15-4505 Housing authority bonds as legal investments
Status: in_force

7-15-4505 . Housing authority bonds as legal investments. (1) The state and all public officers, municipal corporations, political subdivisions, and public bodies; all banks, bankers, trust companies, savings banks and institutions, buildings and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, money, or other funds belonging to them or within their control in any bonds or other obligations issued by a housing authority established pursuant to the housing authorities law of this state or issued by any public housing authority or agency in the United States when such bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States government or any agency thereof.

(2) It is the purpose of this section to authorize any persons, firms, corporations, associations, political subdivisions, bodies, and officers, public or private, to use any funds owned or controlled by them, including but not limited to sinking, insurance, investment, retirement, compensation, pension, and trust funds and funds held on deposit, for the purchase of any such bonds or other obligations.

(3) Nothing contained in this section shall be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities.

(4) Insofar as the provisions of this section are inconsistent with the provisions of any other law, the provisions of this section shall be controlling.
Mont. Code Ann. § 7-6-4410 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4410
7-6-4410 Property tax record to be furnished to certain municipalities
Status: in_force

7-6-4410 . Property tax record to be furnished to certain municipalities. On or before the first Monday in August of each year, the department of revenue shall furnish a certified copy of the property tax record to all cities of the third class and towns within each county that make written request for the record on or before the first Monday in April of each year. The property tax record must pertain to property within the limits of the requesting cities and towns.
Mont. Code Ann. § 7-12-2114 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2114
7-12-2114 Area includable within district
Status: in_force

7-12-2114 . Area includable within district. A rural improvement district, as authorized by 7-12-2102 , may include a part or all of any county or may include areas in more than one county.
Mont. Code Ann. § 7-14-4602 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4602
7-14-4602 Definitions
Status: in_force

7-14-4602 . Definitions. The following terms, wherever used or referred to in this part, shall have the following respective meanings unless a different meaning clearly appears from the context:

(1) "City" shall mean the particular city for which a particular commission may be created or which may act as such a commission pursuant to resolution of its legislative body.

(2) "Clause" includes article, section, subsection, paragraph, sentence, or provision.

(3) "Clerk" shall mean the clerk of the city or the officer charged with the duties customarily imposed on such clerk.

(4) "Commission" or "parking commission" shall mean any of the public corporations which may be created by a city and any city which may exercise the powers of a parking commission pursuant to resolution adopted by its legislative body under the provisions of 7-14-4603 through 7-14-4608 .

(5) "Indenture" means ordinance, resolution, or indenture which may be passed, adopted, or entered into by a commission or by the legislative body of a city.

(6) "Legislative body" shall mean the city council or other body in which the general legislative powers of the city are vested.

(7) "Mayor" shall mean the mayor of the city or the officer thereof charged with the duties customarily imposed on the mayor or executive head of the city.

(8) "Obligee of the commission" or "obligee" shall be any bondholder, trustee or trustees for any bondholders, or lessor demising to the commission property used in connection with a parking facility or any assignee or assignees of such lessor's interest or any part thereof and the state or the United States or any agency of either when a party to any contract with a commission by which aid or a loan is given or made to the commission.

(9) "Project" shall mean any acquisition, improvement, construction, or undertaking of any kind authorized by this part.

(10) "State public body" means the state or any city, commission, or any other subdivision or public body of the state.
Mont. Code Ann. § 7-3-1332 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1332
7-3-1332 Public works and improvements
Status: in_force

7-3-1332 . Public works and improvements. (1) Any local public work may be done or any local public works or improvements may be constructed, reconstructed, repaired, maintained, or operated, either by contract or directly by the municipality, as may be determined by the commission. Before authorizing that any local public works or improvements be directly constructed, reconstructed, repaired, maintained, or operated, detailed plans and estimates for each such work or improvement shall be submitted to the commission by the manager, and there shall be separate accounting for each work or improvement so executed.

(2) The municipality shall have the same power and authority to create special improvement districts and for like purposes and to create special lighting districts and maintenance districts for cities and towns as provided by the laws of the state.

(3) The director of public works shall be the engineer in charge of all such work, works, or improvements. The provisions of the general law of the state regarding special improvement districts, special lighting districts, and maintenance districts in cities and towns shall apply to and control the establishment under this part of special improvement districts, special lighting districts, and maintenance districts in and for the municipality and the procedure according to which any local public work or the construction, reconstruction, repair, maintenance, or operation of any local public work or improvement is to be provided for when the cost thereof is to be paid in whole or in part by assessments upon the property within any such district, and such general law shall also apply to the manner of levying and collecting such assessments.
Mont. Code Ann. § 7-3-413 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-413
7-3-413 Type of election
Status: in_force

7-3-413 . Type of election. Local government elections shall be conducted on a:

(1) partisan basis; or

(2) nonpartisan basis.
Mont. Code Ann. § 7-12-4198 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4198
7-12-4198 Energy performance contracts exempt
Status: in_force

7-12-4198 . Energy performance contracts exempt. This part does not apply to solicitation and award of an investment grade energy audit or energy performance contract pursuant to Title 90, chapter 4, part 11, or to the construction or installation of conservation measures pursuant to the energy performance contract.
Mont. Code Ann. § 7-7-4221 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4221
7-7-4221 Election on question of incurring indebtedness -- exception
Status: in_force

7-7-4221 . Election on question of incurring indebtedness -- exception. (1) Except as provided in subsection (2) and 15-1-402 , whenever the governing body of any municipality considers it necessary to issue bonds pledging the general credit of the municipality for any purpose authorized by law, the question of issuing the bonds shall first be submitted to the registered electors of the city or town.

(2) It is not necessary to submit to the electors the question of issuing refunding bonds to refund bonds issued and outstanding or the question of issuing revenue bonds not pledging the general credit of the municipality under any laws of this state.
Mont. Code Ann. § 7-13-2333 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2333
7-13-2333 Issuance of revenue or special assessment bonds without election
Status: in_force

7-13-2333 . Issuance of revenue or special assessment bonds without election. (1) The board of directors of the district may authorize the issuance of bonds payable from all or a portion of the revenue of the district or from special assessments levied against benefited property in the district to finance the acquisition, construction, improvement, or extension of any facilities of the district benefiting all or any portion of the district for other authorized corporate purposes of the district, to refund bonds issued for those purposes, to fund a debt service refund for the security of the bonds, to pay interest on the bonds during the estimated period of construction or improvement of facilities, and to pay costs of the bond issuance. Revenue or special assessment bonds issued under this section may be authorized by a resolution adopted by the board of directors of the district without need for authorization through an election. Bonded indebtedness incurred pursuant to this section may not be secured by the levy of the deficiency tax provided in 7-13-2302 if not submitted to and approved by the qualified electors of the district.

(2) Revenue or special assessment bonds authorized in subsection (1) may be sold as provided in 7-13-2329 . The board of directors may, by resolution, pledge to the payment of the revenue bonds or special assessment bonds all or a portion of the rates, fees, tolls, rents, or other charges afforded by or special assessments levied in respect of facilities of the district, whether financed with bonds or other available funds of the district. The pledge may be made on a parity with or with a superior or subordinate lien to the pledge of the revenue to other bonded indebtedness of the district, subject to any covenants made with owners of outstanding bonds of the district. The board of directors may also make covenants for the benefit of the owners of the bonds as provided in 7-13-2301 , but the revenue or special assessment bonds may not be secured by the bond tax levied pursuant to 7-13-2302 or any other taxing powers of the district. The bonds do not constitute and may not be included as an indebtedness or liability of the district for purposes of any statutory debt limitation but are subject to the limitations of this section.

(3) Bonds may be issued under this section only if:

(a) the bonds are issued in the principal amounts and on terms that stipulate that the amount of principal and interest due in any fiscal year on the bonds and any other revenue or special assessment bonds of the district and issued under this section do not exceed the amount of the revenue or special assessment pledged to the payment of the bonds and received in that fiscal year as estimated by the board of directors of the district in the resolution authorizing the issuance of the bonds; and

(b) the final maturity of the bonds is not later than 40 years after the date of issuance of the bonds or the useful life of the project financed from the proceeds of the bonds, as determined by the board of directors.
Mont. Code Ann. § 7-3-4214 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4214
7-3-4214 First term of office
Status: in_force

7-3-4214 . First term of office. (1) The terms of office of the mayor and council members begin on the first Monday after their election is certified or, if there is a recount, after the recount results are certified. The terms of office of the mayor and council members or city council members who are in office at the beginning of the terms of office of the council members first elected under the provisions of this part terminate, and the terms of office of all of their appointed officers in the city, except as provided in this part, terminate, as stated by resolution of the council.

(2) The terms of office of the mayor and all council members expire on the first Monday in January of the first even-numbered year following their election. At the first general city election held in the year prior to the year in which the terms of office of the mayor and council members expire, a mayor and two council members must be elected in cities having a population of less than 25,000. The mayor elected at the first general city election shall hold office for 4 years, one of the council members elected at the first city election shall hold office for 2 years, and the other of the council members elected at the first general city election shall hold office for 4 years, beginning with the first Monday in January of the year following their election. A mayor and four council members must be elected in cities having a population of 25,000 or more, and the mayor elected at the first general city election shall hold office for 4 years. Two of the council members elected at the first general city election shall hold office for 2 years, and the other two of the council members elected at the first general city election shall hold office for 4 years, beginning with the first Monday in January of the year following their election.

(3) The council members elected at the first general city election shall decide by lot, in a manner that they may select, which members shall hold the office of council member for a term that expires 2 years after the election and which members shall hold the office for a term of 4 years.
Mont. Code Ann. § 7-33-4204 — MT Code / Title 7 / Chapter 33 / Part 42 / Section 7-33-4204
7-33-4204 Inspection and regulation of fire hazards
Status: in_force

7-33-4204 . Inspection and regulation of fire hazards. The city or town council has power to inspect chimneys, flues, fireplaces, stovepipes, ruins, structures, and boilers and, when dangerous, to require the same to be removed or put in order and prohibit the use thereof until safe.
Mont. Code Ann. § 7-3-4302 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4302
7-3-4302 Construction
Status: repealed

7-3-4302 . Construction. (1) Except as otherwise provided in part 44 and this part, all acts, parts of acts, and laws relative to municipal corporations are in force and are not repealed by part 44 and this part unless they conflict or are inconsistent with the provisions of part 44 and this part.

(2) Part 44 and this part do not repeal or modify Title 69, chapter 3, or 69-4-101 , and part 44 and this part do not curtail or impair the power or authority of the public service commission.
Mont. Code Ann. § 7-33-2210 — MT Code / Title 7 / Chapter 33 / Part 22 / Section 7-33-2210
7-33-2210 State to be reimbursed for wildland fire suppression activities in noncooperating counties
Status: in_force

7-33-2210 . State to be reimbursed for wildland fire suppression activities in noncooperating counties. A county that has not entered into a cooperative or other written agreement with the state for wildland fire protection shall reimburse the state for costs incurred by the state in connection with state fire suppression activities resulting from a wildland fire emergency on land in that county that is not in a wildland fire protection district, as provided in 76-13-204 , or protected through an agreement with a recognized agency, as provided in 7-33-2202 (4)(b).
Mont. Code Ann. § 7-11-303 — MT Code / Title 7 / Chapter 11 / Part 3 / Section 7-11-303
7-11-303 Petition for consolidation or transfer of services
Status: in_force

7-11-303 . Petition for consolidation or transfer of services. (1) A petition or recommendation for the consolidation or transfer of the administrative and financial responsibility for services between or among local governments may be presented to the governing bodies of the local governments affected by the consolidation or transfer.

(2) A petition must be signed by at least 15% of the electors registered at the last general election of the local governments affected by the proposed consolidation or transfer.

(3) Whenever the consolidation or transfer of a service between a county and municipality is proposed by petition, the petition must be signed by at least 15% of the electors residing in each municipality included in the service consolidation or transfer and 15% of the electors residing in the remainder of the county.

(4) Upon determination of the sufficiency of the petition or upon receipt of a recommendation of the interlocal cooperation commission, the governing body of each of the local governments affected by the proposed consolidation or transfer shall call an election on the transfer or consolidation as provided in 7-11-307 .
Mont. Code Ann. § 7-21-3301 — MT Code / Title 7 / Chapter 21 / Part 33 / Section 7-21-3301
7-21-3301 Establishment of markets and market houses
Status: in_force

7-21-3301 . Establishment of markets and market houses. In addition to the powers specifically granted by the laws of the state and other limitations and exceptions contained in law regarding the debt-incurring power of boards of county commissioners, the boards of county commissioners in every county shall have the power to erect market houses to be located at the county seats of their respective counties, to establish and regulate markets, and to acquire the property necessary for this. For the establishment and regulation of farmer's markets, the boards of county commissioners are subject to the requirements of Title 50, chapter 50, part 1.
Mont. Code Ann. § 7-12-4602 — MT Code / Title 7 / Chapter 12 / Part 46 / Section 7-12-4602
7-12-4602 Resolution of intention to create fire hydrant maintenance district
Status: in_force

7-12-4602 . Resolution of intention to create fire hydrant maintenance district. (1) Before creating any fire hydrant maintenance district, the city council shall pass a resolution of intention to do so.

(2) The resolution must designate the district number, describe the boundaries of the district, provide an estimate of the cost of any improvement and the cost of maintaining district fire hydrants, and the proportion of such costs to be assessed against the property within the district.
Mont. Code Ann. § 7-13-3031 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3031
7-13-3031 Authorization to use federal funds
Status: in_force

7-13-3031 . Authorization to use federal funds. The governing body may apply for and receive from the federal government, on behalf of the district, any money that may be appropriated by congress for aiding in local public works projects. The governing body may borrow from the federal government any funds available for assisting in the planning or financing of local public works projects and repay the loan out of the money received from the tax levy provided for in this part.
Mont. Code Ann. § 7-2-4715 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4715
7-2-4715 Simultaneous proceedings for several areas
Status: in_force

7-2-4715 . Simultaneous proceedings for several areas. If a municipality is considering the annexation of two or more areas which are all adjacent to the municipal boundary but are not adjacent to one another, it may undertake simultaneous proceedings under authority of this part for the annexation of such areas.
Mont. Code Ann. § 7-34-2403 — MT Code / Title 7 / Chapter 34 / Part 24 / Section 7-34-2403
7-34-2403 Accumulation of reserve fund
Status: in_force

7-34-2403 . Accumulation of reserve fund. The depletion allowance reserve fund may accumulate at the discretion of the governing body.
Mont. Code Ann. § 7-32-2248 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2248
7-32-2248 Inmate endangerment -- penalty
Status: in_force

7-32-2248 . Inmate endangerment -- penalty. (1) A detention center administrator or staff member commits the offense of inmate endangerment if the administrator or staff member knowingly:

(a) places or keeps a juvenile with adult inmates;

(b) uses corporal punishment against an inmate; or

(c) uses physical force against an inmate, except as necessary for:

(i) self-defense;

(ii) control of inmates;

(iii) protection of another person from imminent physical attack; or

(iv) prevention of riot or escape.

(2) A person who commits the offense of inmate endangerment shall be fined an amount not to exceed $500.
Mont. Code Ann. § 7-32-2232 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2232
7-32-2232 Detention centers -- contracts with private parties
Status: in_force

7-32-2232 . Detention centers -- contracts with private parties. (1) The term of an agreement under 7-32-2201 with a private party may not exceed 3 years.

(2) The agreement must include:

(a) detailed standards for the operation of the detention center and the incarceration of inmates;

(b) a performance bond from the private party acceptable to the local government;

(c) a promise from the private party to indemnify the local government for any damages for which the local government is found liable as a result of the operation of the detention center;

(d) a provision that the private party must purchase liability insurance in an amount acceptable to the local government;

(e) minimum standards for the training of detention center staff and a provision that the private party will ensure such training; and

(f) a provision that the local government may immediately terminate the contract for good cause.

(3) The provisions of Title 7 relating to bids for local government contracts and purchases do not apply to a contract entered into under 7-32-2201 and this section.
Mont. Code Ann. § 7-22-2146 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2146
7-22-2146 Financial assistance to persons responsible for weed control
Status: in_force

7-22-2146 . Financial assistance to persons responsible for weed control. (1) The commissioners, upon recommendation of the board, may establish a cost-share program for the control of noxious weeds. The board shall develop rules and procedures for the administration of the cost-share program. These procedures may include the cost-share rate or amount and the purposes for which cost-share funds may be used.

(2) (a) Any person may voluntarily enter into a cost-share agreement for the management of noxious weeds on the person's property. The coordinator shall draft a cost-share agreement in cooperation with the person. The agreement must, in the board's judgment, provide for effective weed management.

(b) The agreement must specify:

(i) costs that must be paid from the noxious weed fund;

(ii) costs that must be paid by the person;

(iii) a location-specific weed management plan that must be followed by the person; and

(iv) reporting requirements of the person to the board.

(c) The cost-share agreement must be signed by the person and, upon approval of the board, by the presiding officer.

(3) The agreement must contain a statement disclaiming any liability of the board for any injuries or losses suffered by the person in managing noxious weeds under a cost-share agreement. If the board later finds that the person has failed to abide by the terms of the agreement, all cost-share payments and agreements must be canceled and the provisions of 7-22-2134 apply to that person.

(4) (a) When under the terms of any voluntary agreement, whether entered into pursuant to 7-22-2132 or otherwise, or under any cost-share agreement entered pursuant to this section a person incurs any obligation for materials or services provided by the board, the board shall submit a bill to the person, itemizing hours of labor, material, and equipment time. The bill must specify and order a payment due date not less than 30 days from the date the bill is sent.

(b) A copy of the bill must be submitted by the board to the county clerk and recorder. If the sum to be repaid by the person billed is not repaid on or before the date due, the county clerk and recorder shall certify the amount not repaid, with the description of the land to be charged, and shall enter the sum on the assessment list as a special tax on the land, to be collected in the manner provided in 7-22-2148 .
Mont. Code Ann. § 7-12-4194 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4194
7-12-4194 Refunding bonds
Status: in_force

7-12-4194 . Refunding bonds. (1) A city may issue special improvement district bonds for the purpose of providing the money needed to pay principal of and interest on outstanding special improvement district bonds. To issue bonds for that purpose, the city council, at a regular meeting or a duly called special meeting, shall adopt a resolution setting forth:

(a) the facts regarding the outstanding bonds that are to be refunded;

(b) the reasons for issuing refunding bonds; and

(c) the term and details of the refunding bonds.

(2) If the refunding bonds are proposed to be issued in an amount greater than the amount of outstanding bonds to be refunded, the city council may not authorize the issuance of the bonds until it has conducted a public hearing on the desirability of issuing the bonds, after published and mailed notice as provided in 7-12-4106 (2), and found by resolution that the issuance of refunding bonds is in the best interest of the special improvement district.

(3) After the adoption of the required resolution or resolutions, the council may:

(a) sell the refunding bonds at a private negotiated sale; or

(b) at its option, give notice of the sale and sell the refunding bonds in the same manner that other special improvement district bonds are sold.

(4) Bonds may not be refunded by the issuance of refunding bonds unless:

(a) (i) the bonds to be refunded bear interest at a fixed rate or rates and the rate of interest offered on the refunding bonds is at least 1/2 of 1% a year less than the rate of interest on the bonds to be refunded;

(ii) the refunding bonds are to bear interest at a variable rate and the city council determines that the issuance of variable rate refunding bonds is reasonably expected to result in less interest payable on the refunding bonds than the interest payable on the refunded bonds; or

(iii) the bonds to be refunded bear interest at a variable rate and the council determines that the issuance of fixed rate refunding bonds is in the best interest of the owners of property in the district and the city or the council determines that the issuance of variable rate refunding bonds based on a different index or formula than that of the refunded bonds is reasonably expected to result over the remaining term of the bonds to be refunded in an interest rate at least 1/2 of 1% a year less than the rate of interest on the refunded bonds;

(b) there is or will be on the next payment date default in the payment of bond principal or interest; or

(c) 50% or more of the installments of special assessments levied in the special improvement district and payable in a single fiscal year have been delinquent for at least 1 year.

(5) (a) Refunding bonds issued pursuant to this section may be issued to refund outstanding bonds in advance of the date on which the bonds mature or are subject to redemption, but the proceeds of the refunding bonds, less any accrued interest or premium received from their sale, must be deposited with other funds appropriated for the payment of the outstanding bonds in escrow with a suitable banking institution or trust company, which may be located either in or out of the state.

(b) Deposited funds must be invested in securities that are general obligations of the United States or securities the principal of and interest on which are guaranteed by the United States. The securities must mature or be callable at the option of the holder on the dates and bear interest at the rates and be payable on the dates as may be required to provide funds sufficient, with any cash deposited in the escrow account, to pay when due:

(i) the interest to accrue on each refunded bond to its maturity or redemption date, if called for redemption;

(ii) the principal on each refunded bond at maturity or upon the redemption date; and

(iii) any redemption premium.

(c) The escrow account must be irrevocably appropriated to the payment of the principal of an interest and redemption premium, if any, on the refunded bonds.

(d) Funds to the credit of the debt service fund for the payment of the refunded bonds and not required for the payment of principal or interest due prior to issuance of the refunding bonds may be appropriated by the council to the escrow account.

(e) The city may pay the reasonable costs and expenses of printing the refunding bonds and of establishing and maintaining the escrow account.

(6) Refunding bonds may be issued under this section to pay principal of or interest on special improvement district bonds outstanding on April 30, 1985, only if:

(a) the proceeds of the refunding bonds do not redeem the outstanding bonds until one-third or more of the term for which the bonds were issued has expired;

(b) there is a deficiency in the bond account or interest account of the special improvement district fund from which the bonds are payable that will not be satisfied by a loan from the revolving fund; or

(c) 50% or more of the installments of special assessments levied in the special improvement district and payable in a single fiscal year have been delinquent for at least 1 year.
Mont. Code Ann. § 7-5-4208 — MT Code / Title 7 / Chapter 5 / Part 42 / Section 7-5-4208
7-5-4208 Applicability of part
Status: in_force

7-5-4208 . Applicability of part. (1) Except as provided in subsection (2), the provisions of this part govern the adoption procedures and effect of municipal ordinances and resolutions.

(2) The following provisions apply to adoption procedures and effect of municipal ordinances and resolutions, notwithstanding the provisions of this part:

(a) Provisions of law not within Title 7, chapter 5, parts 1 and 42, that set forth different procedures for the adoption of an ordinance or resolution relating to specific situations govern the adoption rather than the general provisions of this part or part 1 of this chapter.

(b) Sections of Title 7, chapter 5, part 1, that are in conflict with the provisions of this part may be adopted by a municipality by ordinance to govern the adoption of ordinances and resolutions and the effects of such ordinances and resolutions as a substitute for the applicable sections of this part.

(c) Sections of Title 7, chapter 5, part 1, that address procedures or effects which are neither addressed by this part nor in conflict with any provision of this part apply to municipal ordinances and resolutions.
Mont. Code Ann. § 7-5-4201 — MT Code / Title 7 / Chapter 5 / Part 42 / Section 7-5-4201
7-5-4201 Municipal ordinances
Status: in_force

7-5-4201 . Municipal ordinances. (1) The style of ordinances may be as follows: "Be it ordained by the council of the city of.... (or town of....)", and all ordinances may be published or posted as prescribed by the council.

(2) All ordinances, bylaws, and resolutions must be passed by the council and approved by the mayor or the person acting in the mayor's stead and must be recorded in a book kept by the clerk, called "The Ordinance Book", and numbered by numerical decimal system in the order in which they are passed or codified.

(3) An ordinance may not:

(a) include a prohibited action provided in 7-5-103 ; or

(b) contain more than one subject, which must be clearly expressed in its title, except ordinances for the codification and revision of ordinances.
Mont. Code Ann. § 7-12-4324 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4324
7-12-4324 Assessment of costs -- frontage option
Status: in_force

7-12-4324 . Assessment of costs -- frontage option. (1) The city council shall assess the cost of the improvements against the entire district, each lot or parcel of land within the district bordering or abutting upon the streets whereon or wherein the improvement has been made to bear costs in proportion to the lineal feet abutting or bordering the streets.

(2) The council, in its discretion, may pay the whole or any part of the cost of any street, avenue, or alley intersection out of any funds in its hands available for that purpose or include the whole or any part of such costs within the amount of the assessment to be paid by the property in the district.
Mont. Code Ann. § 7-5-2101 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2101
7-5-2101 General authority of county commissioners
Status: in_force

7-5-2101 . General authority of county commissioners. (1) The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to represent the county and have the care of the county property and the management of the business and concerns of the county in all cases where no other provision is made by law.

(2) The board has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to perform all other acts and things required by law not enumerated in this title or which may be necessary to the full discharge of the duties of the chief executive authority of the county government.
Mont. Code Ann. § 7-22-2150 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2150
7-22-2150 Cooperation with state and federal-aid programs
Status: in_force

7-22-2150 . Cooperation with state and federal-aid programs. The board may cooperate with any state or federal-aid program that becomes available if the district complies with 7-22-2120 . Under a plan of cooperation, the direction of the program must be under the direct supervision of the board of the district in which the program operates.
Mont. Code Ann. § 7-14-4609 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4609
7-14-4609 Appointment of commission
Status: in_force

7-14-4609 . Appointment of commission. (1) Except as provided in subsection (3), when the legislative body of a city first adopts a resolution for a parking commission, the mayor, with the approval of the legislative body, shall appoint not less than five or more than seven electors of the city as members of the commission.

(2) Except as provided in subsection (3), the number of members of the commission, once established, may be changed within the number limits established in subsection (1) by subsequent resolutions of the legislative body of the city. A resolution to reduce the number of commission members may not require resignation of any member prior to completion of the member's appointed term.

(3) The legislative body of a city may designate the board of trustees of a business improvement district appointed pursuant to 7-12-1121 as the parking commission if the area of the business improvement district is generally coterminous with the area designated in the resolution creating the parking commission as being subject to the jurisdiction and control of the parking commission.
Mont. Code Ann. § 7-12-4328 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4328
7-12-4328 Resolution to provide for assessment of costs of installation
Status: in_force

7-12-4328 . Resolution to provide for assessment of costs of installation. (1) It shall be the duty of the city or town council to ascertain the cost of installing such lighting system and, on or before the first Monday in October, to pass and finally adopt a resolution levying and assessing all of the property embraced within said district with all or any portion of the entire cost of installing the same; each lot or parcel of land in said district to be assessed in accordance with the method adopted by the city council as provided in 7-12-4321 through 7-12-4324 .

(2) Any such resolution shall contain a list in which shall be described each lot or parcel of land, either the total number of square feet of property contained therein or the total number of linear feet abutting the improvements as may be required to determine the total assessment in the district, and the amount levied against each lot or parcel of land set opposite.

(3) Such resolution, signed by the mayor and city clerk, shall be kept on file in the office of the city clerk.
Mont. Code Ann. § 7-13-4505 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4505
7-13-4505 Public meeting -- resolution of intention to create local water quality district
Status: in_force

7-13-4505 . Public meeting -- resolution of intention to create local water quality district. (1) The commissioners shall hold at least one public meeting concerning the creation of a local water quality district prior to the passage of a resolution of intention to create the district.

(2) The resolution of intention must designate:

(a) the proposed name of the district;

(b) the necessity for the proposed district;

(c) a general description of the territory or lands included in the district, including identification of the district boundaries that must correspond to the area in which the need for the district exists pursuant to subsection (2)(b);

(d) a general description of the proposed water quality program;

(e) the initial estimated cost of the water quality program; and

(f) the initial proposed fees to be charged.
Mont. Code Ann. § 7-8-2522 — MT Code / Title 7 / Chapter 8 / Part 25 / Section 7-8-2522
7-8-2522 Exchange or donation of real property -- appraisal required
Status: in_force

7-8-2522 . Exchange or donation of real property -- appraisal required. (1) Subject to the provisions of this section and a resolution adopted pursuant to 7-8-2521 , the board may make trades, exchanges, or donations of real property owned by the county.

(2) In an exchange of real property, the properties must be appraised and an exchange of county property may not be made unless property received in exchange for the county property is of an equivalent value. If the properties are not of equivalent values, the exchange may be completed if a cash payment is made in addition to the delivery of title for property having the lesser value.

(3) If a county owns property containing a historically significant building or monument, the county may sell or give the property to nonprofit organizations or groups that agree to restore or preserve the property. The contract for the transfer of the property must contain a provision that:

(a) requires the property to be preserved in its current or restored state upon any subsequent transfer; and

(b) provides for the reversion of the property to the county for noncompliance with conditions attached to the transfer.

(4) A county may authorize the transfer of ownership of rural improvement district improvements as provided in 7-12-2128 .

(5) A county may donate real property or sell the property at a reduced price to a corporation for the purpose of constructing:

(a) a multifamily housing development operated by the corporation for low-income housing;

(b) single-family houses. Upon completion of a house, the corporation shall sell the property to a low-income person who meets the eligibility requirements of the corporation. After the sale is completed, the property becomes subject to taxation.

(c) improvements to real property or modifying, altering, or repairing improvements to real property that will enable the corporation, subject to the restrictions of Article X, section 6, of the Montana constitution, to pursue purposes specified in the articles of incorporation of the corporation, including the sale, lease, rental, or other use of the donated land and improvements.

(6) Land that is transferred pursuant to subsection (5) must be used to permanently provide low-income housing. The transfer of the property may contain a reversionary clause to reflect this condition.
Mont. Code Ann. § 7-12-2119 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2119
7-12-2119 Manner of making demands for incidental expenses
Status: in_force

7-12-2119 . Manner of making demands for incidental expenses. All demands for incidental expenses in 7-12-2101 (7), except for the administrative fee of the county and interest payable on warrants or bonds of the district, shall be presented to the county clerk by itemized bill, duly verified by oath of the demandant.
Mont. Code Ann. § 7-3-141 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-141
7-3-141 Permissible recommendations
Status: in_force

7-3-141 . Permissible recommendations. (1) A petition proposing to alter an existing county government may:

(a) recommend amendments to the existing plan of government;

(b) recommend any form of government authorized by Title 7, chapter 3, parts 1 through 5;

(c) draft a charter;

(d) recommend municipal-county consolidation or amendments to an existing consolidation; or

(e) in cooperation with a similar petition calling for an election on county merger circulated in an adjoining county, recommend county merger.

(2) A petition proposing to alter a municipal government may:

(a) recommend amendments to the existing plan of government;

(b) recommend any form of government authorized by Title 7, chapter 3, parts 1 through 6;

(c) draft a charter; or

(d) recommend disincorporation.
Mont. Code Ann. § 7-3-1307 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1307
7-3-1307 Division of purchases and supplies
Status: in_force

7-3-1307 . Division of purchases and supplies. There is in the department of finance a division of purchases and supplies. The head of the division is a purchasing agent. The purchasing agent shall make all purchases for the municipality in the manner and with the exceptions that may be provided by ordinance and shall, under regulations that may be provided by ordinance, sell all property, real and personal, of the municipality not needed for public use or that may have become unsuitable for use. The purchasing agent has charge of the storerooms and warehouses of the municipality that the commission may by ordinance provide.
Mont. Code Ann. § 7-8-2708 — MT Code / Title 7 / Chapter 8 / Part 27 / Section 7-8-2708
7-8-2708 Function of land advisory board
Status: in_force

7-8-2708 . Function of land advisory board. (1) The board shall advise boards of county commissioners in the direction, control, care, management, appraisal, lease, sale, exchange, and disposition of all lands, when so requested by said board of county commissioners.

(2) The board may recommend the examination, classification, and appraisal of such lands as in its opinion have not previously been properly examined, classified, and appraised.

(3) The board may be called upon by boards of county commissioners to assist in making exchanges of lands with other owners.
Mont. Code Ann. § 7-3-101 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-101
7-3-101 Compliance with constitution
Status: in_force

7-3-101 . Compliance with constitution. (1) The purpose of parts 1 through 7 is to comply with Article XI, section 3(1), of the Montana constitution, which provides: "The legislature shall provide such optional or alternative forms of government that each unit or combination of units may adopt, amend, or abandon an optional or alternative form by a majority of those voting on the question."

(2) Parts 1 through 7 establish the alternative forms of government for cities, towns, counties, and consolidated governments. These parts shall be liberally construed to facilitate the adoption of a form of local government.
Mont. Code Ann. § 7-6-1542 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1542
7-6-1542 Resort area district board powers related to resort tax revenue -- bonds -- election -- restrictions
Status: in_force

7-6-1542 . Resort area district board powers related to resort tax revenue -- bonds -- election -- restrictions. (1) The board of directors may:

(a) appropriate and expend revenue from a resort tax for any activity, undertaking, or administrative service authorized in the resolution creating a resort area and adopting a resort tax;

(b) adopt administrative ordinances necessary to aid in the collection or reporting of resort taxes and in the expenditure of resort tax revenue;

(c) except as provided in subsection (2), if approved by four of the five board members, issue bonds to provide, install, or construct any of the public facilities, improvements, or capital projects authorized as provided in subsection (1)(a) and pledge for repayment of the bonds the revenue derived from the resort tax; and

(d) submit to the qualified electors of the resort area district the question of whether to levy the additional resort tax provided for in 7-6-1503 (1)(b)(i) for infrastructure.

(2) Except for bonds pledging resort tax revenue raised from an additional resort tax levy for infrastructure provided for in 7-6-1503 (1)(b)(i), a resort area district may not issue bonds to construct any single-purpose public facility, improvement, or capital project in an amount exceeding $500,000 without the approval of a majority of the qualified electors voting at an election conducted in accordance with Title 13, chapter 1, part 5.

(3) The provisions of 7-6-1506 (3) apply to the issuance of bonds by a resort area district, and the board of directors shall conclude that the projected useful life of the public facilities, improvements, or capital projects will be greater than the term of the bonds that were issued to construct the public facilities, improvements, or capital projects.

(4) Resort tax revenue that is pledged by a resort area district to the repayment of bonds must be sufficient to pay the principal and interest on the bonds in each year when the principal and interest is due. Bonds do not constitute debt for the purpose of any statutory debt limitation. Except for bonds pledging resort tax revenue raised from an additional resort tax levy for infrastructure, a resort area district may not issue bonds pledging proceeds of the resort tax for repayment unless the board of directors in the resolution authorizing issuance of the bonds determines that the annual principal and interest payment on the bonds issued will not cumulatively exceed 25% of the average of resort tax revenue received by the district during the preceding 5 years. Bonds may not be issued for a term longer than the remaining duration of the resort area district.

(5) A resort area district may not commit cumulative annual debt service payments that exceed 70% of the revenue raised from an additional resort tax levy for infrastructure provided for in 7-6-1503 (1)(b)(i). Debt service payments do not constitute debt for the purpose of any statutory debt limit. The additional resort tax levy for infrastructure may not be collected when the bonded obligation ceases unless the board submits and the qualified electors approve the additional levy for infrastructure as provided in 7-6-1504 and 13-1-501 through 13-1-505 .

(6) Debt service payments may not be issued for a term longer than the remaining duration of the resort area district.
Mont. Code Ann. § 7-4-2519 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2519
7-4-2519 Prohibition upon receiving other fees
Status: in_force

7-4-2519 . Prohibition upon receiving other fees. The officers named above may receive no other fees for any services performed by them in any action or proceeding or for the performance of any service for which fees are allowed, and the party demanding or receiving any fees not herein allowed is liable to refund the same to the party aggrieved, with treble the amount as damages, in addition to the cost of suit.
Mont. Code Ann. § 7-33-2316 — MT Code / Title 7 / Chapter 33 / Part 23 / Section 7-33-2316
7-33-2316 Volunteer fire districts or companies -- fire departments -- not affected by city-county consolidation
Status: in_force

7-33-2316 . Volunteer fire districts or companies -- fire departments -- not affected by city-county consolidation. (1) Notwithstanding any other provision of law, the adoption of a city-county consolidated local government has no effect on the existence of a volunteer fire department, a volunteer fire company, or a fire district created and legally in existence pursuant to the provisions of this part unless otherwise specifically provided by charter.

(2) A right or benefit of any member of a volunteer fire district, company, or department created pursuant to the provisions of this part in a retirement or pension plan or payments provided under Title 19, chapter 17, may not be abrogated by the adoption of a city-county consolidated local government unless otherwise specifically provided by charter.
Mont. Code Ann. § 7-15-4404 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4404
7-15-4404 Notice of hearing on petition
Status: in_force

7-15-4404 . Notice of hearing on petition. The notice required by 7-15-4403 must be published at the city's expense as provided in 7-1-4127 .
Mont. Code Ann. § 7-6-611 — MT Code / Title 7 / Chapter 6 / Part 6 / Section 7-6-611
7-6-611 Role of department of administration
Status: in_force

7-6-611 . Role of department of administration. (1) The department of administration shall prescribe for all local governments:

(a) general methods and details of accounting as provided in 2-7-504 ;

(b) uniform internal and interim reporting systems as part of the uniform reporting systems provided for in 2-7-503 ;

(c) the form of the annual financial report as provided in 2-7-503 ; and

(d) general methods and details of accounting for the annual financial report as provided in 2-7-513 .

(2) Local governments shall file with the department of administration:

(a) an annual financial report within 6 months of the fiscal yearend; and

(b) an audit report within 12 months of the end of the audited period.

(3) The governing body of each county or municipality shall notify the department of administration in writing, on a form prescribed by the department of administration, of the creation, dissolution, combination, or other legal alteration of any special purpose district within the county or municipality.

(4) Each special purpose district shall obtain a permanent mailing address and notify the department of administration of the address and of any subsequent changes of the district's address.

(5) The department shall accept and review claims made pursuant to 2-7-524 and 7-6-4038 .
Mont. Code Ann. § 7-2-4701 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4701
7-2-4701 Short title
Status: in_force

7-2-4701 . Short title. This part shall be entitled "The Planned Community Development Act of 1973".
Mont. Code Ann. § 7-8-201 — MT Code / Title 7 / Chapter 8 / Part 2 / Section 7-8-201
7-8-201 Acquisition or construction and management of city-county building
Status: in_force

7-8-201 . Acquisition or construction and management of city-county building. A city and a county may, by contract, construct, purchase, or lease and manage a city-county building to house the offices of city government and county government.
Mont. Code Ann. § 7-3-1257 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1257
7-3-1257 Control of conflict of interest
Status: in_force

7-3-1257 . Control of conflict of interest. An officer or employee of the municipality may not have a financial interest, direct or indirect, in any contract with the municipality or be financially interested, directly or indirectly, in the sale to the municipality of any land, materials, supplies, or services except on behalf of the municipality as an officer or employee. Any willful violation of this section constitutes malfeasance in office, and any officer or employee found guilty shall forfeit the office or position. A violation of this section with the knowledge, actual or implied, of the person or corporation contracting with the municipality renders the contract involved voidable by the manager or the commission.
Mont. Code Ann. § 7-2-4805 — MT Code / Title 7 / Chapter 2 / Part 48 / Section 7-2-4805
7-2-4805 Resolution of intent to exclude land -- notice
Status: in_force

7-2-4805 . Resolution of intent to exclude land -- notice. If the council by resolution finds that the petition is signed by the requisite number of qualified electors of the city or town or by the owners of not less than three-fourths in value of the territory to be excluded, that the territory petitioned to be excluded is within the corporate limits and on the border of the corporate limits, and that the granting of the petition is in the best interest of the city or town and the inhabitants and will not materially mar the symmetry of the city or town, the city or town clerk shall publish a notice as provided in 7-1-4127 .
Mont. Code Ann. § 7-14-2604 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2604
7-14-2604 Notice of decision on petition
Status: in_force

7-14-2604 . Notice of decision on petition. Within 10 days thereafter, the board shall cause notice of its decision to be sent by certified mail to all owners of land abutting on the road petitioned for. The owners shall be those listed on the last county assessment roll.
Mont. Code Ann. § 7-8-2602 — MT Code / Title 7 / Chapter 8 / Part 26 / Section 7-8-2602
7-8-2602 Authorization to create county forests
Status: in_force

7-8-2602 . Authorization to create county forests. (1) The board of county commissioners of any county in Montana is hereby authorized to create county forests from any lands in such county which:

(a) are principally valuable for the timber thereon or for the growing of timber; and

(b) have been acquired by such county by tax deed and have been offered for sale at public auction and not sold or have been acquired by such county by exchange for lands acquired by tax deed.

(2) Such county forests shall be established by resolution of the board and may be discontinued by resolution of said board.
Mont. Code Ann. § 7-10-215 — MT Code / Title 7 / Chapter 10 / Part 2 / Section 7-10-215
7-10-215 Covenants in resolution authorizing issuance of bonds
Status: in_force

7-10-215 . Covenants in resolution authorizing issuance of bonds. Any resolution or resolutions authorizing the issuance of bonds under this part may contain covenants as to:

(1) the purpose or purposes to which the proceeds of sale of the bonds may be applied and the disposition of the proceeds;

(2) the use and disposition of the revenue of the project for which the bonds are to be issued, including the creation and maintenance of reserves and including the pledge or appropriation of all or a portion of the property tax revenue referred to in 7-10-115 ;

(3) the transfer from the general fund of the regional resource authority to the account or accounts of the project of an amount equal to the cost of furnishing the regional resource authority or any of its departments or boards with the services, facilities, or commodities of the project;

(4) the issuance of other or additional bonds payable from the revenue of the project;

(5) the operation and maintenance of the project;

(6) the insurance to be carried on the project and the use and disposition of insurance money;

(7) books of account and the inspection and audit of the books; and

(8) the terms and conditions upon which the holders or trustees of the bonds or any proportion of the bonds are entitled to the appointment of a receiver by the district court having jurisdiction. The receiver may:

(a) enter and take possession of the project;

(b) operate and maintain the project;

(c) prescribe rates, fees, or charges, subject to the approval of the public service commission; and

(d) collect, receive, and apply all revenue arising from the project.
Mont. Code Ann. § 7-2-2514 — MT Code / Title 7 / Chapter 2 / Part 25 / Section 7-2-2514
7-2-2514 Effect of name change on county boundaries
Status: in_force

7-2-2514 . Effect of name change on county boundaries. No change of name shall be so construed as to alter or modify the boundaries of the county as the same existed and were established under the former name of the county, but such boundaries shall be and remain the same until changed according to law.
Mont. Code Ann. § 7-12-4122 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4122
7-12-4122 Role of city clerk
Status: in_force

7-12-4122 . Role of city clerk. It shall be the duty of the city clerk to prepare all necessary schedules and resolutions levying taxes and assessments in such special improvement districts.
Mont. Code Ann. § 7-10-115 — MT Code / Title 7 / Chapter 10 / Part 1 / Section 7-10-115
7-10-115 Regional resource authority -- powers -- limits
Status: in_force

7-10-115 . Regional resource authority -- powers -- limits. (1) A regional resource authority has power to:

(a) sue and be sued;

(b) purchase and hold lands within its limits;

(c) make contracts and purchase and hold personal property that may be necessary to the exercise of its powers;

(d) make orders for the disposition or use of its property that the interests of its inhabitants require; and

(e) subject to 15-10-420 , levy and collect taxes for public or governmental purposes, as described in 7-6-2527 , under its exclusive jurisdiction unless prohibited by law;

(f) impose fees or assessments for services provided;

(g) pay debts and expenses;

(h) solicit and accept bequests, donations, or grants of money, property, services, or other advantages and comply with any condition that is not contrary to the public interest;

(i) execute documents necessary to receive money, property, services, or other advantages from the state government, the federal government, or any other source;

(j) make grants and loans of money, property, and services for public purposes;

(k) require the attendance of witnesses and production of documents relevant to matters being considered by the governing body;

(l) hire, direct, and discharge employees and appoint and remove members of boards;

(m) ratify any action of the regional resource authority or its officers or employees that could have been approved in advance;

(n) acquire by eminent domain, as provided in Title 70, chapter 30, any interest in property for a public use authorized by law;

(o) initiate a civil action to restrain or enjoin an action adverse to the regional resource authority;

(p) enter private property, obtaining warrants when necessary, for the purpose of enforcing its authority that affects the general welfare and public safety;

(q) conduct preparatory studies;

(r) purchase insurance and establish self-insurance plans;

(s) exercise powers not inconsistent with law necessary for effective administration of authorized services and functions;

(t) enter into interlocal agreements or other agreements with the federal government or its agencies; and

(u) issue bonds and notes for the purpose of funding projects as provided in part 2 of this chapter.

(2) A regional resource authority may not:

(a) authorize a tax on income or the sale of goods or services;

(b) regulate private activity beyond its geographic limits;

(c) impose a duty on another unit of local government, except that nothing in this limitation affects the right of a regional resource authority to enter into and enforce an agreement on interlocal cooperation;

(d) exercise any judicial function, except as an incident to the exercise of an administrative power; or

(e) exercise any power enumerated in 7-1-111 .
Mont. Code Ann. § 7-11-1030 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1030
7-11-1030 Minutes
Status: in_force

7-11-1030 . Minutes. The board or governing body administering and operating the special district as provided by 7-11-1021 shall submit the minutes of its proceedings for electronic storage as provided in 7-1-204 unless:

(1) the special district is operated by the governing body of a municipality; and

(2) the governing body has designated an alternative place for the minutes to be recorded or maintained.
Mont. Code Ann. § 7-1-4130 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4130
7-1-4130 Petition
Status: in_force

7-1-4130 . Petition. Whenever a petition is authorized, unless the section authorizing the petition establishes different criteria, the petition is subject to 7-5-137 and Title 13, chapter 28.
Mont. Code Ann. § 7-1-106 — MT Code / Title 7 / Chapter 1 / Part 1 / Section 7-1-106
7-1-106 Construction of self-government powers
Status: in_force

7-1-106 . Construction of self-government powers. The powers and authority of a local government unit with self-government powers shall be liberally construed. Every reasonable doubt as to the existence of a local government power or authority shall be resolved in favor of the existence of that power or authority.
Mont. Code Ann. § 7-3-1229 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1229
7-3-1229 Submission of initiative measure to electors
Status: in_force

7-3-1229 . Submission of initiative measure to electors. (1) If the commission fails to pass an ordinance proposed by initiative petition or passes it in a form different from that set forth in the petition, the committee of the petitioners may require that it be submitted to a vote of the electors either in its original form or with any change or amendment presented in writing, either at a public hearing before the committee to which the proposed ordinance was referred or during consideration by the commission. If the committee of petitioners requires the submission of a proposed ordinance to a vote of the electors, the committee shall certify that fact to the clerk and file in the clerk's office a certified copy of the ordinance, in the form in which it is to be submitted, within 10 days after final action on the ordinance by the commission.

(2) On receipt of the certified copy of a proposed ordinance from the committee of the petitioners, the clerk shall certify the fact to the commission at its next regular meeting. The proposed ordinance must be submitted to a vote of the electors at an election conducted in accordance with Title 13, chapter 1, part 4. If a majority of those voting on a proposed ordinance vote in favor of the proposed ordinance, it is an ordinance of the municipality.
Mont. Code Ann. § 7-22-2115 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2115
7-22-2115 Noxious weeds and seeds declared nuisance
Status: in_force

7-22-2115 . Noxious weeds and seeds declared nuisance. Noxious weeds and the seed of any noxious weed are hereby declared a common nuisance.
Mont. Code Ann. § 7-14-4652 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4652
7-14-4652 Details relating to sale of revenue bonds
Status: in_force

7-14-4652 . Details relating to sale of revenue bonds. (1) The commission may fix terms and conditions for the public or private sale or other disposition of any authorized issue of bonds. The commission may sell bonds at a price not less than 97% of par or face value.

(2) Interest on bonds may be paid out of the proceeds of the sale of the bonds during the actual construction of any project for the acquisition, construction, or completion of which the bonds have been issued and for a period of not to exceed 2 years thereafter, as provided for in the indenture.
Mont. Code Ann. § 7-3-4257 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4257
7-3-4257 Appointment of civil service commission
Status: in_force

7-3-4257 . Appointment of civil service commission. (1) Immediately after organizing, the council shall by ordinance appoint three civil service commissioners, who shall hold office, one until the first Monday in April of the second year, one until the first Monday in April of the fourth year, and one until the first Monday in April of the sixth year after appointment. Each succeeding council shall, as soon as practicable after organizing, appoint one commissioner for 6 years, who shall take the place of a commissioner whose term of office expires. The presiding officer of the commission for each biennial period must be the member whose term first expires. A person while on the commission may not hold or be a candidate for any office of public trust. Two of the members constitute a quorum to transact business. The commissioners must be citizens of Montana and residents of the city for more than 3 years preceding their appointment.

(2) Before entering upon the duties of office, each of the commissioners shall take and subscribe an oath, which must be filed and kept in the office of the city clerk, to support the constitution of the United States and of the state of Montana, to obey the laws, to aid in securing and maintaining an honest and efficient force free from partisan distinction or control, and to perform the duties of office to the best of the commissioner's ability.

(3) The council, by majority vote, may remove any of the commissioners during their term of office for cause and shall fill any vacancy that occurs in the commission for the unexpired term. The city council shall provide suitable rooms in which the civil service commission shall hold its meetings. The commission must have a clerk, who shall keep a record of all its meetings. The city shall supply the commission with all necessary equipment to properly attend to its business.
Mont. Code Ann. § 7-13-3005 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3005
7-13-3005 Notice of resolution of intention upon concurrence -- hearing
Status: in_force

7-13-3005 . Notice of resolution of intention upon concurrence -- hearing. (1) The governing body shall give notice of the passage of its resolution of intention to create the district.

(2) The notice must be published as provided in 7-1-2121 . A copy of the notice must be mailed to every person, firm, or corporation or the agent of the person, firm, or corporation owning property within the proposed district, at the last-known place of residence, on the same day the notice is first published or posted.

(3) The notice must describe the general character of the improvement or improvements proposed to be made, state the estimated cost, and designate the time when and the place where the governing body will hear and pass upon all protests that may be made against the making or maintenance of the improvements or the creation of the district. The notice must refer to the resolution on file in the office of the local government clerk for the description of the boundaries.
Mont. Code Ann. § 7-15-2103 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2103
7-15-2103 Notice of hearing on petition
Status: in_force

7-15-2103 . Notice of hearing on petition. The notice required by 7-15-2102 shall be given at the county's expense by publishing a notice as provided in 7-1-2121 .
Mont. Code Ann. § 7-5-4301 — MT Code / Title 7 / Chapter 5 / Part 43 / Section 7-5-4301
7-5-4301 Power to enter and execute contracts
Status: in_force

7-5-4301 . Power to enter and execute contracts. (1) Except as provided in 7-5-4311 regarding a conflict of interest, a city or town is authorized to make any contracts necessary to carry into effect the applicable powers granted by this chapter and to provide for the manner of executing the contracts.

(2) (a) All necessary contracts for professional, technical, engineering, or legal services are excluded from the provisions of 7-5-4302 through 7-5-4304 , 7-5-4306 , and 7-5-4307 . However, contracts in which the value of the majority of the services to be rendered constitute services other than professional, technical, engineering, or legal services must be awarded under the bidding procedure provided for in 7-5-4302 through 7-5-4304 , 7-5-4306 , and 7-5-4307 .

(b) (i) Except as provided in subsection (2)(b)(ii), supervision over or operation of a physical plant that provides water, sewer, or power services to a municipality does not constitute a service excluded under the provisions of subsection (2)(a).

(ii) A city, town, or municipality may extend, renew, or amend a contract or series of contracts for the supervision or operation of a physical plant that provides water, sewer, or power services without proceeding under the bidding procedure provided for in 7-5-4302 through 7-5-4304 , 7-5-4306 , and 7-5-4307 if:

(A) one or more of the contracts were awarded to the entity in accordance with the competitive bidding procedures provided in 7-5-4302 through 7-5-4304 , 7-5-4306 , and 7-5-4307 ; and

(B) the entity has provided the services to the city, town, or municipality for the immediately preceding 5-year period.
Mont. Code Ann. § 7-13-2221 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2221
7-13-2221 Powers related to district finances -- audits
Status: in_force

7-13-2221 . Powers related to district finances -- audits. (1) Any district incorporated as provided in this part may:

(a) accept funds and property or other assistance, financial or otherwise, from federal, state, and other public or private sources for the purposes of aiding the construction or maintenance of water or sewer development projects;

(b) cooperate and contract with the state or federal government or any department or agency of the state or federal government in furnishing assurances for and meeting local cooperation requirements of any project involving control, conservation, and use of water;

(c) borrow money and incur indebtedness and issue bonds or other evidence of indebtedness and refund or retire any indebtedness or lien that may exist against the district or property of the district;

(d) cause taxes to be levied in the manner provided for in part 23 and this part for the purpose of paying any obligation of the district and to accomplish the purposes of part 23 and this part in the manner provided in part 23 and this part;

(e) levy special assessments against property located in the district and benefited by any of its improvements, as provided in 7-13-2280 through 7-13-2289 , and pledge the collections of the special assessments in whole or in part, with any other revenue of the district, to the payment of bonds issued pursuant to part 23; and

(f) enter into covenants and agreements as to the establishment and maintenance of reasonable rates and charges for the use of its systems or improvements or any part of the systems or improvements as required, in the judgment of the board of directors, for the favorable sale of bonds issued pursuant to part 23, including, without limitation, a covenant to establish and maintain rates and charges sufficient, with the collection of any special assessments, to pay debt service and operating, maintenance, and replacement costs of the system or improvement and fund necessary reserves or a covenant to establish and maintain rates and charges sufficient, with the collection of any special assessments, to pay operating and maintenance costs of the system or improvement, fund necessary reserves for the system or improvement, and pay debt service on bonds and to provide additional funds necessary for the purposes of the system or improvement or to provide assurance to the holders of bonds as to the sufficiency of the revenue.

(2) The board of directors shall cause an audit of the financial records of the district to be made in compliance with the requirements of Title 2, chapter 7, part 5, at the expense of the district.
Mont. Code Ann. § 7-14-4104 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4104
7-14-4104 Prevention of obstructions on trafficways and public grounds
Status: in_force

7-14-4104 . Prevention of obstructions on trafficways and public grounds. Except as provided in 7-14-4116 , the city or town council may prevent the encumbering of streets, sidewalks, alleys, or public grounds with obstacles or materials.
Mont. Code Ann. § 7-3-4404 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4404
7-3-4404 Appointment of boards
Status: in_force

7-3-4404 . Appointment of boards. The commission may appoint a municipal plan board and, upon the request of the city manager, shall appoint advisory boards. The members of such boards shall serve without compensation, and their duty shall be to consult and advise with the various departments. The duties and powers thus created shall be prescribed by ordinance.
Mont. Code Ann. § 7-3-4101 — MT Code / Title 7 / Chapter 3 / Part 41 / Section 7-3-4101
7-3-4101 Strong mayor form of municipal government
Status: in_force

7-3-4101 . Strong mayor form of municipal government. (1) The qualified electors of any city or town in this state may, in the manner provided in chapter 5, part 42, adopt an ordinance vesting any or all of the following powers with the office of mayor of the city or town:

(a) to appoint and remove, without consent of the council, all nonelective officers of the city or town;

(b) to exercise absolute control over all departments and divisions of the city or town created in this title or that may be created by the council;

(c) to appoint one or more administrative assistants to assist in the direction of the operations of the various city departments and agencies;

(d) to be solely responsible for the preparation of the annual budget in compliance with the procedures set forth in chapter 6, part 42;

(e) to appoint a budget and finance director whose functions include the preparation of the annual municipal budget under the direction of the mayor.

(2) If any ordinance duly adopted in accordance with this section is in conflict with 7-4-4114 , 7-4-4303 , 7-4-4305 , 7-5-4102 (1), 7-5-4122 , 7-5-4205 , and 7-5-4206 , the provisions of this section prevail.
Mont. Code Ann. § 7-7-4301 — MT Code / Title 7 / Chapter 7 / Part 43 / Section 7-7-4301
7-7-4301 Authorization to issue refunding general obligation bonds
Status: in_force

7-7-4301 . Authorization to issue refunding general obligation bonds. The city or town council may contract an indebtedness on behalf of a city or town, upon the credit of the city or town, by issuing bonds for the funding of outstanding warrants and maturing bonds when there are not sufficient funds available to pay the outstanding warrants or maturing bonds or when there is a reduction in debt service as a result of refunding pursuant to 7-7-4304 .
Mont. Code Ann. § 7-3-4410 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4410
7-3-4410 Probationary period
Status: in_force

7-3-4410 . Probationary period. An appointment or promotion shall not be deemed complete until a period of probation, not to exceed 6 months, has elapsed; and a probationer may be discharged or reduced at any time within the period of 6 months upon the recommendation of the head of the department in which said probationer is employed, with the approval of the majority of the board.
Mont. Code Ann. § 7-15-4254 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4254
7-15-4254 Municipal power in the preparation of various plans
Status: in_force

7-15-4254 . Municipal power in the preparation of various plans. (1) Every municipality shall have power, within the municipality:

(a) to make or have made all plans necessary to the carrying out of the purposes of this part and to contract with any person, public or private, in making and carrying out such plans; and

(b) to adopt or approve, modify, and amend such plans.

(2) Such plans may include, without limitation:

(a) a comprehensive plan or parts thereof for the locality as a whole;

(b) urban renewal plans;

(c) plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements;

(d) plans for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements; and

(e) appraisals, title searches, surveys, studies, and other preliminary plans and work necessary to prepare for the undertaking of urban renewal projects.
Mont. Code Ann. § 7-6-2521 — MT Code / Title 7 / Chapter 6 / Part 25 / Section 7-6-2521
7-6-2521 All-purpose levy authorized for counties
Status: in_force

7-6-2521 . All-purpose levy authorized for counties. A county may at its option levy an all-purpose levy as provided in 7-6-2522 and 7-6-2524 .
Mont. Code Ann. § 7-12-4511 — MT Code / Title 7 / Chapter 12 / Part 45 / Section 7-12-4511
7-12-4511 Water user entities exempt from special assessments
Status: in_force

7-12-4511 . Water user entities exempt from special assessments. Rights-of-way, ditches, flumes, pipelines, dams, water rights, reservoirs, equipment, machinery, motor vehicles, and other personal property owned by a nonprofit water company, water users' association, irrigation company, canal company, ditch company, reservoir company, or similar nonprofit water user entity are exempt from every special assessment imposed by any improvement or maintenance district created under Title 7, chapter 12.
Mont. Code Ann. § 7-15-4258 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4258
7-15-4258 Acquisition and administration of real and personal property
Status: in_force

7-15-4258 . Acquisition and administration of real and personal property. (1) A municipality may:

(a) acquire by purchase, lease, option, gift, grant, bequest, devise, eminent domain pursuant to Title 70, chapter 30, or otherwise any real property and personal property that may be necessary for the administration of the provisions contained in part 43 and this part, together with any improvements on the real property;

(b) hold, improve, clear, or prepare for redevelopment property acquired pursuant to subsection (1)(a);

(c) dispose of real or personal property;

(d) insure or provide for the insurance of real or personal property or the operations of the municipality against any risks or hazards, including the power to pay premiums on any insurance; and

(e) enter into a development agreement with the owner of real property within an urban renewal area and undertake activities, including the acquisition, removal, or demolition of structures, improvements, or personal property located on the real property, to prepare the property for redevelopment.

(2) A development agreement entered into in accordance with subsection (1)(e) must contain provisions obligating the owner to redevelop the real property for a specified use consistent with the urban renewal plan and offering recourse to the municipality if the redevelopment is not completed as determined by the local governing body. The development agreement may not constitute the acquisition of an interest in real property by the municipality within the meaning of 7-15-4262 or 7-15-4263 .

(3) Except as provided in 7-15-4204 (2), 7-15-4206 , and 7-15-4259 , statutory provisions with respect to the acquisition, clearance, or disposition of property by public bodies may not restrict a municipality in the exercise of functions with respect to an urban renewal project.

(4) A municipality may not acquire real property for an urban renewal project or enter into a development agreement, as provided in subsection (1)(e), unless the local governing body has approved the urban renewal project plan in accordance with 7-15-4216 (2) and 7-15-4217 .
Mont. Code Ann. § 7-4-3007 — MT Code / Title 7 / Chapter 4 / Part 30 / Section 7-4-3007
7-4-3007 Qualifications for office of county assessor -- forfeiture of office
Status: in_force

7-4-3007 . Qualifications for office of county assessor -- forfeiture of office. (1) In addition to the qualifications set forth in 7-4-2201 , each assessor, before entering the duties of office, shall:

(a) take and file with the county clerk the constitutional oath of office; and

(b) certify to the county clerk that:

(i) the assessor has satisfactorily completed the assessor certification training as provided in 15-7-106 (4); or

(ii) the assessor intends to take the assessor certification training at the next offering.

(2) An assessor forfeits office for failure to take and satisfactorily complete the assessor certification training within 36 months after taking office by election or appointment or for failure to satisfactorily complete continuing education when conducted by the department of revenue, unless the board of county commissioners finds that:

(a) the assessor is excused for reasons beyond the assessor's control, including illness, a death in the family, or other good cause; or

(b) there is no other qualified person available for appointment as assessor.

(3) Subsections (1)(b) and (2) do not apply to county officers who are county assessors because their county office has been consolidated with the office of county assessor and who are not contractually required to perform property assessment duties for the department.
Mont. Code Ann. § 7-13-124 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-124
7-13-124 Resolution to assess and levy tax for making improvements
Status: in_force

7-13-124 . Resolution to assess and levy tax for making improvements. (1) To defray the cost of making improvements in a special improvement district, the board of county commissioners shall by resolution levy and assess a tax upon all property in the district created for that purpose by using as a basis for the assessment the method provided for by this part.

(2) The resolution must contain a description of each lot or parcel of land, with the name of the owner, if known, and the amount of each partial payment when made and the day when the payment becomes delinquent.

(3) The resolution, signed by the presiding officer of the board, must be kept on file in the office of the county clerk.
Mont. Code Ann. § 7-4-2911 — MT Code / Title 7 / Chapter 4 / Part 29 / Section 7-4-2911
7-4-2911 Duties of county coroner
Status: in_force

7-4-2911 . Duties of county coroner. The county coroner shall:

(1) hold inquests as provided in Title 46, chapter 4, parts 1 and 2;

(2) inquire into the cause, manner, and circumstances of all human deaths, as required in 46-4-122 , and establish the identity of the deceased person;

(3) provide decent disposal of an unclaimed dead human body and unclaimed parts of bodies believed to be human;

(4) maintain records of inquiries as required by good practice and by law;

(5) as soon as practicable upon identifying a dead human body, provide for notifying the next of kin of the deceased of the fact of death in any death into which the coroner is making an inquiry;

(6) if a law enforcement agency does not have jurisdiction of the case, preserve evidence involving any human death, pursuant to the coroner's authority, including placing under the coroner's control, to the extent necessary, any personal and real property that may be related to or involved in the death;

(7) witness and certify deaths that are the result of a judicial order;

(8) inquire into any human death when no physician or surgeon licensed in the state will sign a death certificate;

(9) notify the county attorney and the law enforcement agency having jurisdiction of all deaths requiring inquiry pursuant to 46-4-122 ; and

(10) in the cases specified in 25-3-205 , discharge the duties of sheriff. If acting as sheriff, the coroner is allowed the same salary as sheriff or the same fees as constable for similar services.
Mont. Code Ann. § 7-13-2263 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2263
7-13-2263 Vacancies
Status: in_force

7-13-2263 . Vacancies. A vacancy is created when any of the following events occurs before the expiration of the term of the incumbent:

(1) death;

(2) a determination pursuant to Title 53, chapter 21, part 1, that the incumbent is mentally ill;

(3) resignation;

(4) removal from office;

(5) neglect or refusal to perform the duties required by this part for 3 consecutive months, except when prevented by sickness or when absent from the district by permission of the board of directors;

(6) conviction of a felony or a violation of official duties; or

(7) the decision of a court declaring the incumbent's election or appointment void.
Mont. Code Ann. § 7-5-2130 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2130
7-5-2130 Records to be signed
Status: in_force

7-5-2130 . Records to be signed. The records must be signed by the presiding officer and the clerk.
Mont. Code Ann. § 7-3-4220 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4220
7-3-4220 Council meetings
Status: in_force

7-3-4220 . Council meetings. (1) Regular meetings of the council must be held on the first Monday after the election of council members and after that meeting at least once each month. The council shall provide by ordinance for the time for holding regular meetings, and special meetings may be called from time to time by the mayor or two council members.

(2) All meetings of the council, whether regular or special, at which any person not a city officer is admitted must be open to the public.
Mont. Code Ann. § 7-21-3203 — MT Code / Title 7 / Chapter 21 / Part 32 / Section 7-21-3203
7-21-3203 Support of extension work in agriculture and home economics
Status: in_force

7-21-3203 . Support of extension work in agriculture and home economics. (1) The county commissioners of any county may appropriate money from the general funds of the county treasury or from funds provided by a levy for the purpose of carrying on extension work in agriculture and home economics within the county in cooperation with Montana state university-Bozeman and the United States department of agriculture. Subject to 15-10-420 , the county commissioners may impose the levy for the purpose of this section at the same time as other levies for county purposes are imposed.

(2) The amount of an appropriation in any county, its method of expenditure, the responsibility for the direction of the work, and the procedure of appointing agents and the compensation and conditions of service of agents must be covered in memoranda of agreement between the county commissioners and Montana state university-Bozeman.
Mont. Code Ann. § 7-14-2133 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2133
7-14-2133 Removal of obstructions on county roads
Status: in_force

7-14-2133 . Removal of obstructions on county roads. (1) When a county road becomes obstructed, the board of county commissioners, or the county surveyor if the surveyor is in charge, shall remove the obstruction upon being notified of the obstruction.

(2) This section does not hold the board or any member responsible or liable for anything other than willful, intentional neglect or failure to act.

(3) For the purposes of this section, "obstruction" means an obstacle, such as a rock or a fallen tree, that if not removed would remain in the road indefinitely. The word does not mean snow, ice, or any other obstacle that will melt or dissipate on its own accord.
Mont. Code Ann. § 7-12-4248 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4248
7-12-4248 Operation and use of supplemental revolving fund
Status: in_force

7-12-4248 . Operation and use of supplemental revolving fund. (1) Money in the supplemental revolving fund shall first be loaned to the various district funds whose bonds are guaranteed under 7-12-4241 through 7-12-4258 to make up any deficiency in such funds.

(2) In event of any further deficiency in such funds, the money in the revolving fund created under 7-12-4221 through 7-12-4228 may be loaned to make good such deficiency pursuant to the provisions of those sections.

(3) In event that the deficit exceeds the money in the supplemental revolving fund, then the money in the revolving fund may be similarly loaned until the deficiency has been made good.

(4) The authorizing resolution may provide that bonds shall become due in accordance with a plan of redemption prior to the stated maturity date. Both revolving funds shall thereafter have concurrent liens on the unpaid assessments and the moneys in the improvement district fund for all such advances, provided that such advances shall not be returned so long as any principal or interest on bonds issued under 7-12-4241 through 7-12-4258 remains unpaid.
Mont. Code Ann. § 7-6-2426 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2426
7-6-2426 Enumeration of county charges
Status: in_force

7-6-2426 . Enumeration of county charges. (1) The following are county charges:

(a) charges incurred against the county by virtue of any provision of this title;

(b) all expenses necessarily incurred by the county attorney in criminal cases arising within the county, except as provided in subsection (2);

(c) the salary and actual expenses for traveling, when on official duty, allowed by law to sheriffs and the compensation allowed by law to constables for executing process on persons charged with criminal offenses;

(d) the board of prisoners confined in jail;

(e) the accounts of the coroner of the county for services that are provided by law;

(f) all charges and accounts for services rendered by any justice of the peace for services in the examination or trial of persons charged with crime as provided for by law;

(g) the necessary expenses incurred in the support of county hospitals and poorfarms and in the support of the indigent sick and the otherwise dependent poor whose support is chargeable to the county;

(h) the contingent expenses necessarily incurred for the use and benefit of the county;

(i) every other sum directed by law to be raised for any county purpose under the direction of the board of county commissioners or declared to be a county charge.

(2) The costs of subsection (1)(b) arising from the criminal prosecution of escape or of an offense committed in the state prison must be paid as provided in 53-30-110 .
Mont. Code Ann. § 7-32-2101 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2101
7-32-2101 Vacancy in office of sheriff
Status: in_force

7-32-2101 . Vacancy in office of sheriff. When the sheriff is committed under an execution or commitment for not paying over money received by virtue of the sheriff's office and remains committed for 60 days, the office is vacant.
Mont. Code Ann. § 7-7-4432 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4432
7-7-4432 Details relating to revenue bonds
Status: in_force

7-7-4432 . Details relating to revenue bonds. (1) Bonds authorized to be issued under this part:

(a) must bear interest at a rate or rates not exceeding the limitation of 17-5-102 ;

(b) may be issued in one or more series;

(c) may bear a date or dates;

(d) may mature at a time or times not exceeding 40 years from their respective dates of issue;

(e) may be payable in a place or places;

(f) may carry registration privileges;

(g) may be subject to terms of redemption;

(h) may be executed;

(i) may contain terms, covenants, and conditions; and

(j) may be in coupon or registered form, as provided by the initial resolution or subsequent resolutions.

(2) The governing body may fix the minimum price for the bonds in an amount less than the principal amount of the bonds but not less than 97% of the principal amount if it determines that a sale at that price is in the best interests of the undertaking.
Mont. Code Ann. § 7-10-221 — MT Code / Title 7 / Chapter 10 / Part 2 / Section 7-10-221
7-10-221 Notice of sale of bonds
Status: in_force

7-10-221 . Notice of sale of bonds. The notice of sale of bonds required by 7-10-220 (2) for bonds sold publicly must be published once at least 5 days prior to the sale in a newspaper of general circulation in the state, and the regional resource authority may publish the notice or summary of the notice in a financial newspaper published in the city of New York, Chicago, or San Francisco.
Mont. Code Ann. § 7-15-4277 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4277
7-15-4277 Short title
Status: in_force

7-15-4277 . Short title. Sections 7-15-4277 through 7-15-4280 may be cited as the "Targeted Economic Development District Act".
Mont. Code Ann. § 7-3-1207 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1207
7-3-1207 Conduct of election
Status: in_force

7-3-1207 . Conduct of election. Such election shall be conducted, vote returned and canvassed, and result declared in the same manner as provided by law in respect to general elections.
Mont. Code Ann. § 7-7-2222 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2222
7-7-2222 Procedure to issue bonds without election
Status: in_force

7-7-2222 . Procedure to issue bonds without election. (1) In order to issue bonds for any of the purposes referred to in 7-7-2221 and 7-7-2311 , it shall only be necessary for the board of county commissioners, at a regular or duly called special meeting, to pass and adopt a resolution setting forth the facts in regard to the indebtedness to be paid or bonds to be refunded, showing the reason for issuing such bonds and fixing and determining the details thereof, and give notice of the sale thereof in the same manner that notice is required to be given of the sale of bonds authorized at an election and to then follow the procedure prescribed in this part for the sale and issuance of such bonds.

(2) All bonds sold without submitting the question of their issue to an election, as authorized in 7-7-2221 and 7-7-2311 , shall be sold at open competitive bidding, but all sealed and written bids submitted for the purchase of such bonds shall be considered the same as open bids.
Mont. Code Ann. § 7-14-4114 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4114
7-14-4114 Procedure to discontinue streets
Status: in_force

7-14-4114 . Procedure to discontinue streets. (1) The council may discontinue a street or alley or any part of a street or alley in a city or town, if it can be done without detriment to the public interest, upon:

(a) a petition in writing of all owners of lots on the street or alley; or

(b) (i) a petition in writing of more than 50% of the owners of lots on the street or alley; and

(ii) approval by a majority vote of the council.

(2) Where the street or alley is to be closed for school purposes, the council may discontinue the street or alley upon a petition signed by 75% of the lot owners on the whole street or alley to be closed.

(3) Before acting upon the petition, a notice must be published, stating when the petition will be acted on and what street or alley or part of a street or alley is asked to be vacated. The notice must be published as provided in 7-1-4127 .
Mont. Code Ann. § 7-3-112 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-112
7-3-112 Statutory basis for county manager government
Status: in_force

7-3-112 . Statutory basis for county manager government. (1) For the purpose of determining the statutory basis of existing units of local government after May 2, 1977, each unit of local government organized under the general statutes authorizing the county manager form of government shall be governed by the following sections:

(a) 7-3-301 ;

(b) 7-3-303 ;

(c) 7-3-304 ;

(d) 7-3-305 ;

(e) 7-3-312 (2);

(f) 7-3-313 (1) or (2);

(g) 7-3-314 (2);

(h) 7-3-315 (1);

(i) 7-3-316 (2);

(j) 7-3-317 (2);

(k) 7-3-318 .

(2) Commissioners are elected to 6-year terms. The size of the commission shall be established by ordinance, but it may not exceed five members.
Mont. Code Ann. § 7-14-4649 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4649
7-14-4649 Maturity dates of revenue bonds
Status: in_force

7-14-4649 . Maturity dates of revenue bonds. (1) Bonds may be serial bonds or sinking fund bonds, with such maturities as the commission may determine.

(2) Bonds shall bear dates prescribed by the commission. No bond by its terms shall mature in more than 40 years from its own date, and in the event any authorized issue is divided into two or more series or divisions, the maximum maturity date herein authorized shall be calculated from the date on the face of each bond separately, irrespective of the fact that different dates may be prescribed for the bonds of each separate series or division of any authorized issue.
Mont. Code Ann. § 7-6-1501 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1501
7-6-1501 Definitions
Status: in_force

7-6-1501 . Definitions. As used in this part, the following definitions apply:

(1) "Board of directors" means the board of directors of the resort area district.

(2) "Infrastructure" means:

(a) tangible facilities and assets related to water, sewer, wastewater treatment, storm water, and solid waste and utilities systems;

(b) fire protection, ambulance, and law enforcement;

(c) roads, bridges, and other transportation needs; and

(d) workforce and community housing projects.

(3) "Luxuries" means any gift item, luxury item, or other item normally sold to the public or to transient visitors or tourists. The term does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life.

(4) "Medical supplies" means items that are sold to be used for curative, prosthetic, or medical maintenance purposes, whether or not prescribed by a physician.

(5) "Medicine" means substances sold for curative or remedial properties, including both physician prescribed and over-the-counter medications.

(6) "Qualified elector" means a person who is qualified to vote under 13-1-111 and is a resident of a resort community, resort area, or proposed or established resort area district.

(7) "Resort area" means an area that:

(a) is an unincorporated area and is a defined contiguous geographic area;

(b) has a population of less than 2,500 according to the most recent federal census;

(c) derives more than 50% of its economic well-being from businesses catering to the recreational and personal needs of persons traveling to or through the area for purposes not related to their income production and excluding economic activity from health care, schools, government, and other services that primarily benefit residents; and

(d) has been designated by the department of commerce as a resort area not more than 2 years prior to its establishment by the county commissioners as provided in 7-6-1508 .

(8) "Resort area district" means a district created under 7-6-1532 through 7-6-1536 , 7-6-1539 through 7-6-1544 , 7-6-1546 through 7-6-1548 , and 7-6-1550 that has been established as a resort area under 7-6-1508 .

(9) "Resort community" means a community that:

(a) is an incorporated municipality;

(b) has a population of less than 5,500 according to the most recent federal census;

(c) derives more than 50% of its economic well-being related to current employment from businesses catering to the recreational and personal needs of persons traveling to or through the municipality for purposes not related to their income production and excluding economic activity from health care, schools, government, and other services that primarily benefit residents; and

(d) has been designated by the department of commerce as a resort community not more than 2 years before the petition of the electors or resolution of the governing body.
Mont. Code Ann. § 7-13-2211 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2211
7-13-2211 Ballot question for creating district
Status: in_force

7-13-2211 . Ballot question for creating district. At the election on whether a district should be incorporated, the proposition to be submitted must be: "Shall the proposition to organize .... County water and/or sewer district under parts 22 and 23 of chapter 13 of Title 7 be adopted?"
Mont. Code Ann. § 7-2-4703 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4703
7-2-4703 Purpose
Status: in_force

7-2-4703 . Purpose. It is the purpose of this part to develop a just and equitable system of adding to and increasing city boundaries for the state of Montana, which will develop the following firm policies:

(1) Sound urban development is essential to the continued economic development of this state, and any annexation prepared must be well planned in advance.

(2) Municipalities are created to provide the governmental services essential for sound urban development and for the protection of health, safety, and welfare in areas being intensively used for residential, commercial, industrial, institutional, and governmental purposes or in areas undergoing such development, and future annexations must consider these principles.

(3) Municipal boundaries should be extended in accordance with legislative standards applicable throughout the state to include such areas and to provide the high quality of governmental services needed for the public health, safety, and welfare.

(4) Areas annexed to municipalities in accordance with such uniform legislative standards should receive the services provided by the annexing municipality as soon as possible following annexation.
Mont. Code Ann. § 7-2-2102 — MT Code / Title 7 / Chapter 2 / Part 21 / Section 7-2-2102
7-2-2102 Apportionment of liabilities and assets upon creation or enlargement of county
Status: in_force

7-2-2102 . Apportionment of liabilities and assets upon creation or enlargement of county. (1) Every county which shall be enlarged or created from the territory taken from any other county or counties shall:

(a) be liable for a pro rata proportion of the existing debts and liabilities of the county or counties from which such territory shall be taken; and

(b) be entitled to a pro rata proportion of the assets of the county or counties from which such territory is taken.

(2) The share of liabilities and assets shall be determined as provided by 7-2-2204 and 7-2-2244 through 7-2-2246 .
Mont. Code Ann. § 7-15-4238 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4238
7-15-4238 Employment of necessary staff
Status: in_force

7-15-4238 . Employment of necessary staff. The urban renewal agency or department or officers exercising urban renewal project powers shall be supplied with the necessary technical experts and such other agents and employees, permanent and temporary, as are required.
Mont. Code Ann. § 7-14-2805 — MT Code / Title 7 / Chapter 14 / Part 28 / Section 7-14-2805
7-14-2805 Establishment and operation of public ferry or wharf by county upon its own motion
Status: in_force

7-14-2805 . Establishment and operation of public ferry or wharf by county upon its own motion. (1) Any county of the state may own and establish and the board of county commissioners of any county of the state may operate and manage free or toll ferries and wharves for the use of the public and may employ one or more individuals to operate the free or toll ferries and wharves.

(2) While ferries or wharves are owned by a county and operated and managed by the board, the operation is expressly declared to be a governmental function.

(3) The board may also lease any ferries or wharves owned by the county to a company, firm, or individual to be operated for the use of the public. A company, firm, or individual shall give a bond, in an amount considered sufficient by the board, conditioned for the careful and businesslike operation of the ferry or wharf in accordance with law and the regulations of the board. When a ferry or wharf is operated by a lessee of the county, the operation is the private function of the lessee.
Mont. Code Ann. § 7-12-1123 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1123
7-12-1123 Removal of board member
Status: in_force

7-12-1123 . Removal of board member. A member of a board of trustees may be removed by the appointing authority with the consent of the governing body.
Mont. Code Ann. § 7-5-4303 — MT Code / Title 7 / Chapter 5 / Part 43 / Section 7-5-4303
7-5-4303 Exemptions from bidding or advertising requirements for certain contracts
Status: in_force

7-5-4303 . Exemptions from bidding or advertising requirements for certain contracts. (1) The provisions of 7-5-4302 as to advertisement for bids shall not apply upon the happening of any emergency caused by fire, flood, explosion, storm, earthquake, riot, insurrection, or other similar emergency, but in such case the council may proceed in any manner which, in the judgment of three-fourths of the members of the council present at the meeting, duly recorded in the minutes of the proceedings of the council by aye and nay vote, will best meet the emergency and serve the public interest. Such emergency shall be declared and recorded at length in the minutes of the proceedings of the council at the time the vote thereon is taken and recorded.

(2) When there are sufficient funds in the budget for supplies or equipment, a city or town may, without bid, purchase such supplies or equipment from government agencies available to cities or towns when the same can be purchased by such city or town at a substantial saving to such city or town.
Mont. Code Ann. § 7-3-302 — MT Code / Title 7 / Chapter 3 / Part 3 / Section 7-3-302
7-3-302 Nature of government
Status: in_force

7-3-302 . Nature of government. The plan of government submitted to the qualified electors shall determine the powers of the local government unit by authorizing:

(1) general government powers; or

(2) self-government powers.
Mont. Code Ann. § 7-2-2207 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2207
7-2-2207 Affidavits to be attached to petition -- verification of signatures
Status: in_force

7-2-2207 . Affidavits to be attached to petition -- verification of signatures. (1) There must be attached and filed with each sheet or section of the petition or petitions an affidavit of the person who circulated the petition, stating that it is the person's belief that:

(a) it is signed by at least 50% of the qualified electors, as provided in this part, of the proposed new county or of the proposed portion of a proposed county taken from each existing county, where the proposed new county is to be formed from portions of two or more existing counties;

(b) the signatures are genuine; and

(c) each person signing was, at the date of signing, a qualified elector of the proposed new county or of the portion of the proposed county taken from an existing county.

(2) The clerk of the county receiving the petition shall check the names of all signers to verify that they are registered electors of the proposed territory to be taken from the county. In addition, the county clerk shall randomly select signatures on each sheet or section of the petition and compare them with the signatures of the electors as they appear on the registration records of the office. If all of the randomly selected signatures appear to be genuine, the number of signatures of registered electors on the sheet or section may be certified without further comparison of signatures. If any of the randomly selected signatures do not appear to be genuine, all signatures on that sheet or section must be compared with the registration records of the office.
Mont. Code Ann. § 7-7-2402 — MT Code / Title 7 / Chapter 7 / Part 24 / Section 7-7-2402
7-7-2402 Election required to borrow money -- exceptions
Status: in_force

7-7-2402 . Election required to borrow money -- exceptions. (1) Except as provided in subsection (4), the board of county commissioners may not borrow money for any of the purposes mentioned in this title or for any single purpose in an amount exceeding the limits set in subsection (2) without:

(a) first submitting the question of a loan to a vote of the electors of the county; and

(b) obtaining the approval of a majority of the electors of the county.

(2) Based upon the taxable valuation of a county and not exceeding the limits on county indebtedness established in 7-7-2101 , a county may borrow the following amounts without a vote of the electorate:

(a) up to $1 million if the county's taxable value is less than $50 million;

(b) up to $1.5 million if the county's taxable value is between $50 million and $100 million; and

(c) up to $2 million if the county's taxable valuation is greater than $100 million.

(3) If a majority of the votes cast are in favor of the loan, then the board of county commissioners may enter into the loan, issuing bonds or otherwise as is in the best interests of the county.

(4) It is not necessary to submit to the electors the question of borrowing money:

(a) to refund outstanding bonds; or

(b) for the purpose of enabling any county to liquidate its indebtedness to another county incident to the creation of a new county or the change of any county boundary lines.
Mont. Code Ann. § 7-3-145 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-145
7-3-145 Special requirements if municipal disincorporation recommended
Status: in_force

7-3-145 . Special requirements if municipal disincorporation recommended. Whenever municipal disincorporation is recommended, a petition, in addition to the material required by 7-3-142 , must contain:

(1) a certificate of disincorporation instead of a plan of government; and

(2) a recommended plan of disincorporation.
Mont. Code Ann. § 7-5-2305 — MT Code / Title 7 / Chapter 5 / Part 23 / Section 7-5-2305
7-5-2305 Prohibition on division of contracts to circumvent bidding requirements
Status: in_force

7-5-2305 . Prohibition on division of contracts to circumvent bidding requirements. Whenever any law of this state provides a limitation upon the amount of money that a county can expend upon any public work or construction project without letting such public work or construction project to contract under competitive bidding procedures, a county shall not circumvent such provision by dividing a public work or construction project or quantum of work to be performed thereunder, which by its nature or character is integral to such public work or construction project or serves to accomplish one of the basic purposes or functions thereof, into several contracts or separate work orders or by any similar device.
Mont. Code Ann. § 7-15-4525 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4525
7-15-4525 Bond provisions related to management and use of property
Status: in_force

7-15-4525 . Bond provisions related to management and use of property. In connection with the issuance of bonds and/or the incurring of any obligation under a lease and in order to secure the payment of such bonds and/or obligations, the authority shall have power to:

(1) covenant against mortgaging all or any part of its real or personal property, then owned or thereafter acquired, or against permitting or suffering any lien thereon;

(2) covenant with respect to limitations on its right to sell, lease, or otherwise dispose of any housing project or any part thereof or with respect to limitations on its right to undertake additional housing projects;

(3) provide for the release of property, rents, fees, and revenues from any pledge or mortgage and reserve rights and powers in or the right to dispose of property which is subject to a pledge or mortgage;

(4) covenant that the authority warrants the title to the premises;

(5) covenant as to the use of any or all of its real or personal property;

(6) covenant as to the maintenance of its property, the replacement thereof, the insurance to be carried thereon, and the use and disposition of insurance money.
Mont. Code Ann. § 7-1-112 — MT Code / Title 7 / Chapter 1 / Part 1 / Section 7-1-112
7-1-112 Powers requiring delegation
Status: in_force

7-1-112 . Powers requiring delegation. A local government with self-government powers is prohibited the exercise of the following powers unless the power is specifically delegated by law:

(1) the power to authorize a tax on income or the sale of goods or services, except that, subject to 15-10-420 , this section may not be construed to limit the authority of a local government to levy any other tax or establish the rate of any other tax;

(2) the power to regulate private activity beyond its geographic limits;

(3) the power to impose a duty on another unit of local government, except that nothing in this limitation affects the right of a self-government unit to enter into and enforce an agreement on interlocal cooperation;

(4) the power to exercise any judicial function, except as an incident to the exercise of an independent self-government administrative power;

(5) the power to regulate any form of gambling, lotteries, or gift enterprises.
Mont. Code Ann. § 7-35-4102 — MT Code / Title 7 / Chapter 35 / Part 41 / Section 7-35-4102
7-35-4102 Vesting of title to cemetery grounds -- restrictions on use
Status: in_force

7-35-4102 . Vesting of title to cemetery grounds -- restrictions on use. The title to lands used as a public cemetery or graveyard, situated in or near any city or town and used by the inhabitants of the city or town as a burial ground without interruption for 5 years, is vested in the inhabitants of the city or town. The lands must be used as a public cemetery, except:

(1) the bodies interred in the cemetery grounds may be removed and no additional bodies may be interred in the cemetery grounds upon the order of the board of county commissioners, city council, or other body having authority when it appears that the public health is endangered or for any other good cause. A new cemetery must be purchased and laid out by proper authority and the bodies removed from the old cemetery must be interred in the new cemetery. The old cemetery may be sold and the proceeds applied to the purchase of the new cemetery.

(2) when a portion of the cemetery grounds are determined to be unsuitable for the interment of bodies, the unsuitable grounds may be used for another public purpose upon the order of the board of county commissioners, city council, or other body having authority.
Mont. Code Ann. § 7-15-2111 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2111
7-15-2111 Area of operation of county housing authority -- inclusion of municipalities
Status: in_force

7-15-2111 . Area of operation of county housing authority -- inclusion of municipalities. (1) The area of operation of a county housing authority includes the county but does not include any city unless a resolution has been adopted by the governing body of the city and by any authority established and authorized to exercise its powers in the city declaring that there is need for the county authority to exercise its powers within that city. The resolution is not effective until it has been approved by a majority vote of the electors within the corporate limits of the city or town voting either at a special election held in conjunction with a regular or primary election or at a general election.

(2) If, after the adoption of a resolution or resolutions, an authority is established for any city within the county, the county authority may not initiate any further housing projects within the city without the consent by resolution of the governing body of the city and of the authority established for the city.
Mont. Code Ann. § 7-12-4135 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4135
7-12-4135 Responsibility for repairs due to operation of street railway
Status: in_force

7-12-4135 . Responsibility for repairs due to operation of street railway. (1) Whenever any portion of the surface of a paved street is occupied or used for railway or street railway purposes, it shall be the duty of the owner or operator of such railway or street railway to fully repair any injury or damage to such pavement caused by such railway or street railway, either in the operation of its cars or in the laying or repair of its tracks.

(2) In case of a failure or refusal of such owner or operator to so repair such pavement within a reasonable time after notice by the city council or commission, the council or commission is authorized and empowered to cause such repairs to be made and to assess the cost thereof to such owner or operator and to enforce collection thereof as in the case of taxes.
Mont. Code Ann. § 7-7-2103 — MT Code / Title 7 / Chapter 7 / Part 21 / Section 7-7-2103
7-7-2103 Restriction on use of county credit by private persons
Status: in_force

7-7-2103 . Restriction on use of county credit by private persons. No county must ever give or loan its credit in aid of or make any donation or grant, by subsidy or otherwise, to any individual, association, or corporation or become a subscriber to or a shareholder in any company or corporation or a joint owner with any person, company, or corporation.
Mont. Code Ann. § 7-3-4417 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4417
7-3-4417 Fixing compensation
Status: in_force

7-3-4417 . Fixing compensation. (1) The commission shall fix, by annual salary ordinance, the salary or compensation of the city manager, the heads of the departments, and its own employees.

(2) The city manager shall fix the number and salaries or compensation of all other officers and employees.

(3) In cities where there is a civil service board as provided for in this part, the salary or compensation so fixed shall be uniform for like service in each grade of the service as the same shall be graded or classified by the city manager in accordance with the rules adopted by the civil service board. All such salaries and rates of pay shall be reported to the secretary of the civil service board.
Mont. Code Ann. § 7-12-4257 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4257
7-12-4257 Appeal from district court to supreme court
Status: in_force

7-12-4257 . Appeal from district court to supreme court. From any judgment or decree entered under 7-12-4256 , an appeal may be taken to the supreme court at any time within 10 days from the entry of such judgment in the manner prescribed by the code of civil procedure governing appeals from the district court to the supreme court.
Mont. Code Ann. § 7-2-6108 — MT Code / Title 7 / Chapter 2 / Part 61 / Section 7-2-6108
7-2-6108 Withdrawn property subject to existing indebtedness
Status: in_force

7-2-6108 . Withdrawn property subject to existing indebtedness. All taxable property within a hospital district or school district withdrawn under this part remains subject to taxation for any bonded indebtedness of the existing hospital district or school district as of the date the petition to alter the hospital district or school district boundary is submitted to the same extent it would have been subject if not withdrawn.
Mont. Code Ann. § 7-14-2306 — MT Code / Title 7 / Chapter 14 / Part 23 / Section 7-14-2306
7-14-2306 Records and receipts to be maintained
Status: in_force

7-14-2306 . Records and receipts to be maintained. The superintendent shall keep correct accounts of all labor performed, equipment and implements used, and materials furnished. The superintendent shall give each person performing work or furnishing equipment, implements, or materials a certificate stating the work performed and the price to be paid for the work.
Mont. Code Ann. § 7-14-2513 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2513
7-14-2513 Use of county road fund
Status: in_force

7-14-2513 . Use of county road fund. The county road fund of each county shall be used for the construction, repair, and maintenance of all public highways within its boundaries which are outside the corporate limits of any city or town and are not either state or federal highways.
Mont. Code Ann. § 7-5-2311 — MT Code / Title 7 / Chapter 5 / Part 23 / Section 7-5-2311
7-5-2311 County contracts -- conflict of interest
Status: in_force

7-5-2311 . County contracts -- conflict of interest. (1) (a) Except as provided in Title 18, chapter 2, part 5, regarding use of an alternative project delivery contract, the governing body of a county or consolidated city-county government may not award a construction contract to a contractor if the entity has a financial interest, directly or indirectly, with a person, employee, contractor, subcontractor, or entity that has participated in the design or engineering of the project as a consultant or otherwise, or that represents the owner in the oversight or management of the contracted project, without disclosure of the conflict.

(b) A contractor who fails to disclose a conflict with the submission of a bid must be determined to be nonresponsive to the bid. The governing body shall, at the time of bid opening, announce the disclosure of any conflicts for all bidders. Subsequent to bid opening and prior to formal award, the governing body shall, in a public meeting, receive public comment on disclosed conflicts. The governing body may determine and stipulate appropriate remedies, if any, in the formal award of the contract.

(2) For the purpose of this section, "financial interest" means ownership of a legal or equitable interest of 24% or more or a relationship as director, advisor, or other active participant in the affairs of a party, except that:

(a) ownership in a mutual or common investment fund that holds securities is not a financial interest in the securities unless the entity participates in the management of the fund;

(b) an office in an educational, religious, charitable, fraternal, or civic organization is not a financial interest in securities held by the entity;

(c) the proprietary interest of a policyholder in a mutual insurance company or a depositor in a mutual savings association or a similar proprietary interest is a financial interest in the organization only if the entity could substantially affect the value of the interest; and

(d) ownership of government securities is a financial interest in the issuer only if the contractor could substantially affect the value of the securities.
Mont. Code Ann. § 7-6-2511 — MT Code / Title 7 / Chapter 6 / Part 25 / Section 7-6-2511
7-6-2511 County levy for certain court expenses
Status: in_force

7-6-2511 . County levy for certain court expenses. (1) Subject to 15-10-420 , the governing body of each county may each year levy and collect a tax on the taxable property of the county for certain county district court costs, as provided in subsection (2).

(2) District court costs for which a tax may be levied under subsection (1) are the:

(a) costs of the office of the clerk of district court;

(b) costs of providing office, courtroom, and other space for district court operations under 3-1-125 ; and

(c) contracted costs of supplementing a district court budget, as provided in 3-1-126 , if incurred in the discretion of the county commissioners.

(3) Costs of the office of the clerk of district court include but are not limited to salary and benefits for clerks of district court, deputy clerks of district court, and other employees of the office of the clerk of district court and expenses of the office.

(4) If remaining funds are available after paying the costs provided for in subsection (2), the county commissioners, in their discretion, may use the remaining funds to pay the expenses of the office of county attorney.

(5) This section may not be construed as a limitation on the authority or ability of a county or district court to apply for, receive, or administer grants from state, federal, or private funds.
Mont. Code Ann. § 7-32-2131 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2131
7-32-2131 Liability in civil actions
Status: in_force

7-32-2131 . Liability in civil actions. (1) If the sheriff does not return a notice or process in the sheriff's possession with the necessary endorsement without delay, the sheriff is liable to the party aggrieved for $200 and for all damages sustained by the party.

(2) If the sheriff to whom a writ of execution or attachment is delivered neglects or refuses, after being required by the creditor or the creditor's attorney, to levy upon or sell any property of the party charged in the writ that is liable to be levied upon or sold, the sheriff is liable to the creditor for the value of the property.

(3) A direction or authority by a party or a party's attorney to a sheriff in respect to the execution of process or return of process or any act or omission relating to the process is not available to discharge or excuse the sheriff from a liability for neglect or misconduct unless it is contained in a writing signed by the attorney of the party or by the party.

(4) As used in this part, the following definitions apply:

(a) "Notice" includes all papers and orders, except process, required to be served in any proceeding before a court, board, or officer or required by law to be served independently of the proceeding.

(b) "Process" includes all writs, warrants, summons, and orders of courts of justice or judicial officers.
Mont. Code Ann. § 7-12-4254 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4254
7-12-4254 Hearing on petition -- notice
Status: in_force

7-12-4254 . Hearing on petition -- notice. (1) Upon the filing of the petition, the district court or any district court judge shall fix the time for the hearing on the petition, which may not be less than 15 days from the date of filing the petition in the court.

(2) The district court or any district court judge shall order the clerk of the court to give notice of the filing of the petition as provided in 7-1-2121 . The date of the first publication may not be less than 15 days prior to the date fixed for hearing.
Mont. Code Ann. § 7-13-2310 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2310
7-13-2310 Taxes to be lien
Status: in_force

7-13-2310 . Taxes to be lien. (1) If such taxes are levied for the payment of a bonded debt for the benefit of certain property within the district, as stated in the aforesaid resolution of the board of directors, such taxes shall be a lien upon each lot or parcel of said property to the extent of the levy of said taxes upon said lot or parcel. All taxes for other purposes shall be a lien upon each lot or parcel of land within the entire area comprising the district, to the extent of the levy of said taxes upon said lot or parcel.

(2) Said taxes, whether for the payment of a bonded indebtedness or for other purposes, shall be of the same force and effect as other liens for taxes, and their collection shall be enforced by the same means as provided for in the enforcement of liens for state and county taxes.
Mont. Code Ann. § 7-2-4918 — MT Code / Title 7 / Chapter 2 / Part 49 / Section 7-2-4918
7-2-4918 Tax levy in event of insolvency
Status: in_force

7-2-4918 . Tax levy in event of insolvency. (1) If, at any time after the disincorporation of a city or town, there is insufficient money in the treasury to the credit of the special fund provided for in 7-2-4912 with which to pay any indebtedness of the corporation, the board of county commissioners shall, subject to 15-10-420 , levy and collect from the territory formerly included within the city or town a tax or taxes sufficient in amount to pay the indebtedness of the corporation as the indebtedness becomes due.

(2) The tax or taxes, assessments, and collections must be made in the same manner and at the same time that other taxes of the county are levied and collected and are an additional tax upon the property included within the territory or portions of territory of the disincorporated city or town for the payment of the debts. For the purposes of 15-10-420 , the levy is considered a levy on the property in the city or town until the debt is paid.

(3) All money paid into the county treasury under the provisions of this part must be credited to the special fund.
Mont. Code Ann. § 7-1-4115 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4115
7-1-4115 Procedure to advance municipal classification
Status: in_force

7-1-4115 . Procedure to advance municipal classification. (1) If it appears by such census that the city or town contains the requisite population to be advanced, the council must thereupon by resolution declare, as the case may be, that:

(a) the town is advanced to a city of the first, second, or third class;

(b) a city of the third class is advanced to a city of the second or first class; or

(c) a city of the second class is advanced to a city of the first class.

(2) The city or town council must file a certified copy of such resolution in the office of the county clerk of the county and in the office of the secretary of state. Whereupon such town becomes a city of the first, second, or third class; a city of the third class becomes a city of the second or first class; and a city of the second class becomes a city of the first class, as the case may be, to be governed under the provisions of this code relative to cities and towns.
Mont. Code Ann. § 7-33-2314 — MT Code / Title 7 / Chapter 33 / Part 23 / Section 7-33-2314
7-33-2314 Military exemption for firefighters
Status: in_force

7-33-2314 . Military exemption for firefighters. The officers and members of regularly organized unpaid fire companies and exempt firefighters are entitled to exemption from military duty except in case of war, invasion, or insurrection.
Mont. Code Ann. § 7-12-4352 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4352
7-12-4352 Jurisdiction to modify lighting district
Status: in_force

7-12-4352 . Jurisdiction to modify lighting district. If no protests have been delivered to the clerk of the city or town council within 15 days of the date of the first publication of the notice of the passage of the resolution of intention required by 7-12-4351 or if a protest has been found to be insufficient or has been overruled, the city or town council is considered to have acquired jurisdiction to order the proposed modification.
Mont. Code Ann. § 7-33-2107 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2107
7-33-2107 Contracts for fire protection services
Status: in_force

7-33-2107 . Contracts for fire protection services. (1) The trustees of a fire district may enter into contracts for fire protection services.

(2) All money received from contracts must be deposited in the county treasurer's office and credited to the fire district fund holding the contracts.

(3) The relationship between the fire district and the entity with which the district has contracted is that of an independent contractor.
Mont. Code Ann. § 7-15-4291 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4291
7-15-4291 Voluntary agreement to remit unused portion of urban renewal district tax increments
Status: in_force

7-15-4291 . (Temporary) Voluntary agreement to remit unused portion of urban renewal district tax increments. (1) Subject to subsections (2) through (5), a local government with an urban renewal district containing a tax increment provision may enter into an agreement to remit any portion of the annual tax increment not currently required for the payment of the costs listed in 7-15-4288 or pledged to the payment of the principal of premiums, if any, and interest on the bonds referred to in 7-15-4289 . The remittance agreement must:

(a) provide for remittance to each taxing jurisdiction for which the mill rates are included in the calculation of the tax increment as provided in 7-15-4286 (1) and (2); and

(b) require that the remittance be proportional to the taxing jurisdiction's share of the total mills levied.

(2) Any portion of the increment remitted to a school district pursuant to 7-15-4286 (3) or this section:

(a) must be used to reduce property taxes or designated as operating reserve pursuant to 20-9-104 for the fiscal year following the fiscal year in which the remittance was received;

(b) must be deposited in one or more of the following funds that has a mill levy for the current school year, subject to the provisions of Title 20 and this section:

(i) general fund;

(ii) bus depreciation reserve fund;

(iii) debt service fund;

(iv) building reserve fund;

(v) technology acquisition and depreciation fund; and

(c) may not be transferred to any fund.

(3) The remittance will not reduce the levy authority of the school district receiving the remittance in years subsequent to the time period established by subsection (2)(a).

(4) Any portion of the increment remitted to a school district and deposited into the general fund must be designated as operating reserve pursuant to 20-9-104 or used to reduce the BASE budget levy or the over-BASE budget levy in the following fiscal year.

(5) If a school district does not utilize the remitted portion to reduce property taxes or designate the remittance as operating reserve within the time period established by subsection (2)(a), the unused portion must be remitted as follows:

(a) if the area or district is in existence at the time of the remittance, the portion is distributed to the special fund in 7-15-4286 (2)(a) and used as provided in 7-15-4282 through 7-15-4294 ; or

(b) if the area or district is not in existence at the time of the remittance, the portion is distributed pursuant to 7-15-4292 (2)(a).
Mont. Code Ann. § 7-11-1013 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1013
7-11-1013 Order creating district -- power to implement program
Status: in_force

7-11-1013 . Order creating district -- power to implement program. (1) The governing body shall create a special district and establish assessments or fees if the governing body finds that insufficient protests have been made in accordance with 7-11-1008 or if the eligible registered voters have approved a referendum as provided in 7-11-1011 .

(2) To create a special district, the governing body shall issue an order or pass an ordinance or resolution in accordance with the resolution of intention introduced and passed by the governing body or in accordance with the terms of the referendum required under 7-11-1011 . This must be done within 30 days of the end of the protest period or approval of the referendum.

(3) If the governing body creates the special district of its own accord and without a referendum being held, a copy of the order, ordinance, or resolution creating the district, certified by the clerk of the governing body, must be delivered to the clerk and recorder of the county or counties in which the special district is situated and to the secretary of state, who shall issue a certificate of establishment in accordance with 7-11-1012 .
Mont. Code Ann. § 7-11-212 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-212
7-11-212 Organization of commission -- meetings
Status: in_force

7-11-212 . Organization of commission -- meetings. (1) Not later than 80 days after the commission is authorized, the members of the commission shall meet and organize at a time that must be set by the board of county commissioners.

(2) At the first meeting of the commission, one of the members appointed by the board of county commissioners must be designated by that body to serve as temporary presiding officer. As its first official act, the commission shall select a presiding officer from outside its own membership.

(3) Further meetings of the commission must be held upon a call of the presiding officer, the vice presiding officer in the absence or inability of the presiding officer, or a majority of the members of the commission.
Mont. Code Ann. § 7-14-2102 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2102
7-14-2102 General powers relating to county roads -- assignment of responsibility
Status: in_force

7-14-2102 . General powers relating to county roads -- assignment of responsibility. Each board of county commissioners may in its discretion do whatever may be necessary for the best interest of the county roads and the road districts. The board may assign responsibility for the supervision of county roads to a county surveyor or to a county road superintendent or may allocate the duties between the county surveyor and the county road superintendent.
Mont. Code Ann. § 7-12-2184 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2184
7-12-2184 Lien arising due to loan from revolving fund
Status: in_force

7-12-2184 . Lien arising due to loan from revolving fund. (1) Whenever a loan is made to any rural special improvement district fund from the revolving fund, the revolving fund has a lien for the amount of the loan on the land within the district for which payments of assessments are delinquent and on all unpaid assessments and installments of assessments on the district, whether delinquent or not. The lien also applies to all money coming into the district fund up to the amount of the loan, together with interest on the loan from the time it was made, at the interest rate that is borne by the bond or warrant for which the loan was made and that was determined at the time the loan was made, even if the interest rate on the bond or warrant subsequently changes.

(2) If, after all the bonds and warrants issued on any rural special improvement district have been fully paid and all money remaining in the district fund has been transferred to the revolving fund, there still remains a debt from the district to the revolving fund, the board of county commissioners may foreclose the lien upon property within the district for which unpaid assessments are owed to the district for the purpose of paying off the loan to the revolving fund.
Mont. Code Ann. § 7-12-4203 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4203
7-12-4203 Details relating to special improvement district bonds and warrants
Status: in_force

7-12-4203 . Details relating to special improvement district bonds and warrants. (1) (a) The bonds and warrants must be drawn against the special improvement district fund created for the district and must bear interest from the date of registration until called for redemption or paid in full. Bonds or warrants sold at a private, negotiated sale may bear interest at a rate varying periodically at the time or times and on the terms determined by the governing body of the municipality. The terms determined by the governing body of the municipality may include the establishment of a maximum rate of interest or the convertibility to a fixed rate of interest.

(b) Variable rate bonds may be sold at a private negotiated sale.

(c) The interest must be payable annually or semiannually, at the discretion of the governing body of the municipality, on the dates that the governing body prescribes. The warrants or bonds must bear the signatures of the mayor and clerk and may bear the corporate seal of the city. The warrants or bonds must be registered in the office of the clerk and treasurer, and if interest coupons are attached to the warrants or bonds, they must also be registered and bear the signatures of the mayor and clerk.

(2) The bonds must be in denominations of $100 or fractions or multiples of $100, may be issued in installments, and may extend over a period not to exceed 20 years or, if refunding bonds are issued pursuant to 7-12-4194 , over a period ending not later than 30 years after the date that the bonds to be refunded were issued. For the purposes of this subsection, the term of a bond issue commences on July 1 of the fiscal year in which the city first levies assessments to pay principal and interest on the bonds.
Mont. Code Ann. § 7-32-4304 — MT Code / Title 7 / Chapter 32 / Part 43 / Section 7-32-4304
7-32-4304 Control of disorderly conduct
Status: in_force

7-32-4304 . Control of disorderly conduct. The city or town council has power to restrain and punish persons guilty of disorderly conduct and aggressive solicitation, as defined by ordinance, that is included in the offense of disorderly conduct.
Mont. Code Ann. § 7-5-2104 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2104
7-5-2104 Direction of lawsuits
Status: in_force

7-5-2104 . Direction of lawsuits. The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to direct and control the prosecution and defense of all suits to which the county is a party.
Mont. Code Ann. § 7-13-3035 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3035
7-13-3035 Sources of money for reserve fund
Status: in_force

7-13-3035 . Sources of money for reserve fund. (1) For the purpose of providing money for the reserve fund, the governing body may in its discretion, from time to time, transfer to the reserve fund from the operation and maintenance fund of the district an amount as may be considered necessary or as may be agreed upon with the holders of the bonds.

(2) Whenever there is money in the bond fund that is not required for payment of a bond of the district or interest on the bond, as much as is necessary to pay the loan referred to in 7-13-3037 must, by order of the governing body, be transferred to the reserve fund.
Mont. Code Ann. § 7-15-4206 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4206
7-15-4206 Definitions
Status: in_force

7-15-4206 . Definitions. The following terms, wherever used or referred to in part 43 or this part, have the following meanings unless a different meaning is clearly indicated by the context:

(1) "Agency" or "urban renewal agency" means a public agency created by 7-15-4232 .

(2) "Blighted area" means an area that is determined to be detrimental to public health, safety, or welfare due to the presence of at least three of the following characteristics or conditions:

(a) an advanced state of disrepair or neglect of necessary repairs to the primary structural components of buildings or improvements in such a combination that a documented building condition analysis determines that major repair is required, or the defects are so serious and so extensive that the buildings must be removed;

(b) structures that have become ill-suited for their original use;

(c) deterioration of building structure components or infrastructure, such as roadways, alleys, curbs, gutters, and sidewalks;

(d) buildings or structures that endanger the life, limb, health, property, or safety of the general public or their occupants;

(e) inadequate utilities and infrastructure, such as storm sewers and storm drainage, sanitary sewers, water lines, power, roadways, alleys, curbs, gutters, sidewalks, and communication services, that are shown to be lacking, of insufficient capacity to serve the uses in the area, deteriorated, antiquated, obsolete, or in disrepair;

(f) real property in the area that has incurred or may incur future planned Montana department of environmental quality or United States environmental protection agency remediation costs;

(g) tax or special assessment delinquency exceeding the fair value of a majority of the land and improvements; or

(h) excessive vacancies occurring in buildings that are unoccupied and underutilized and that represent an adverse influence on the area because of the frequency, extent, or duration of the vacancies.

(3) "Bonds" means any bonds, notes, or debentures, including refunding obligations, authorized to be issued pursuant to part 43 or this part.

(4) "Clerk" means the clerk or other official of the municipality who is the custodian of the official records of the municipality.

(5) "Elected" means chosen by vote or acclamation or appointed to a vacancy in an otherwise elected position.

(6) "Federal government" means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.

(7) "Local governing body" means the elected members of a council or other elected members of a legislative body charged with governing a municipality or consolidated city-county.

(8) "Mayor" means the chief executive of a city or town.

(9) "Municipality" means any incorporated city or town in the state.

(10) "Neighborhood development program" means the yearly activities or undertakings of a municipality in an urban renewal area or areas if the municipality elects to undertake activities on an annual increment basis.

(11) "Obligee" means any bondholder or agent or trustee for any bondholder or lessor conveying to the municipality property used in connection with an urban renewal project or any assignee or assignees of the lessor's interest or any part of the interest and the federal government when it is a party to any contract with the municipality.

(12) "Person" means any individual, firm, partnership, corporation, company, association, joint-stock association, or school district and includes any trustee, receiver, assignee, or other person acting in a similar representative capacity.

(13) "Public body" means the state or any municipality, township, board, commission, district, or other subdivision or public body of the state.

(14) "Public officer" means any officer who is in charge of any department or branch of the government of the municipality relating to health, fire, building regulations, or other activities concerning dwellings in the municipality.

(15) "Public use" means:

(a) a public use enumerated in 70-30-102 ; or

(b) a project financed by the method provided for in 7-15-4288 .

(16) "Real property" means all lands, including improvements and fixtures on the land, all property of any nature appurtenant to the land or used in connection with the land, and every estate, interest, right, and use, legal or equitable, in the land, including terms for years and liens by way of judgment, mortgage, or otherwise.

(17) "Redevelopment" may include:

(a) acquisition of a blighted area or portion of the area;

(b) demolition and removal of buildings and improvements;

(c) installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban renewal provisions of this part in accordance with the urban renewal plan; and

(d) making the land available for development or redevelopment by private enterprise or public agencies, including sale, initial leasing, or retention by the municipality itself, at its fair value for uses in accordance with the urban renewal plan. If the property is condemned pursuant to Title 70, chapter 30, the private enterprise or public agencies may not develop the condemned area in a way that is not for a public use.

(18) (a) "Rehabilitation" may include the restoration and renewal of a blighted area or portion of the area in accordance with an urban renewal plan by:

(i) carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements;

(ii) acquisition of real property and demolition or removal of buildings and improvements on the property when necessary to eliminate unhealthful, unsanitary, or unsafe conditions, to lessen density, to reduce traffic hazards, to eliminate obsolete or other uses detrimental to the public welfare, to otherwise remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities;

(iii) installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban renewal provisions of this part; and

(iv) subject to 7-15-4259 (4), the disposition of any property acquired in the urban renewal area, including sale, initial leasing, or retention by the municipality itself, at its fair value for uses in accordance with the urban renewal plan.

(b) Rehabilitation may not include the development of the condemned area in a way that is not for a public use if the property is condemned pursuant to Title 70, chapter 30.

(19) "Urban renewal area" means a blighted area that the local governing body designates as appropriate for an urban renewal project or projects.

(20) "Urban renewal plan" means a plan for one or more urban renewal areas or for an urban renewal project. The plan:

(a) must conform to the growth policy if one has been adopted pursuant to Title 76, chapter 1; and

(b) must be sufficiently complete to indicate, on a yearly basis or otherwise:

(i) any land acquisition, demolition, and removal of structures; redevelopment; improvements; and rehabilitation that is proposed to be carried out in the urban renewal area;

(ii) zoning and planning changes, if any, including changes to the growth policy if one has been adopted pursuant to Title 76, chapter 1;

(iii) land uses, maximum densities, building requirements; and

(iv) the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.

(21) (a) "Urban renewal project" may include undertakings or activities of a municipality in an urban renewal area for the elimination and for the prevention of the development or spread of blight and may involve redevelopment in an urban renewal area, rehabilitation or conservation in an urban renewal area, or any combination or part of redevelopment, rehabilitation, or conservation in accordance with an urban renewal plan.

(b) An urban renewal project may not include using property that was condemned pursuant to Title 70, chapter 30, for anything other than a public use.
Mont. Code Ann. § 7-12-4173 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4173
7-12-4173 Status of federal property within improvement district
Status: in_force

7-12-4173 . Status of federal property within improvement district. Whenever any lot, piece, or parcel of land belonging to the United States or mandatory of the government shall front upon the proposed work or improvement or be included within the district declared by the city council in its resolution of intention to be the district to be assessed to pay the costs and expenses thereof, said council shall, in the resolution of intention, declare that said lots, pieces, or parcels of land shall be omitted from the assessment thereafter to be made to cover the costs and expenses of said work or improvement. The cost of said work or improvement in front of said lots, pieces, or parcels of land shall be paid by the city from its general fund.
Mont. Code Ann. § 7-2-2702 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2702
7-2-2702 Petition for abandonment of county
Status: in_force

7-2-2702 . Petition for abandonment of county. (1) A petition may be filed with the county clerk of a county asking that the question of abandoning and abolishing the organization and corporate existence of the county and attaching its territory to and making the territory a part of some adjoining county be submitted to the qualified electors of the county at an election. The petition must state the name of the adjoining county to which the territory of the county to be abandoned and abolished will be attached and made a part.

(2) The petition must be signed by not less than 35% of the qualified electors of the county whose names appear upon the registration records of the county, must contain the post-office address and voting precinct of each individual signing it, and must state the name and address of three individuals to whom notice of the insufficiency of the petition must be sent if the petition does not have the required number of signatures of registered electors. A person, after signing the petition, may not be allowed or permitted to withdraw the person's signature or name from the petition.
Mont. Code Ann. § 7-35-2147 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2147
7-35-2147 Financial management of fund
Status: in_force

7-35-2147 . Financial management of fund. (1) The principal of such fund shall in all cases remain intact and inviolate.

(2) The principal of such fund may be invested in the way in which public employees' retirement funds are permitted to be invested in Montana and not otherwise, provided that each investment made by the trustee or by the board of trustees shall be subject to the approval of the board of trustees of the public cemetery district.

(3) The trustees of such fund shall, on January 1 and July 1 in each year, turn over to the treasurer of such public cemetery district all accrued income arising from such fund, and the receipt of such treasurer therefor shall be a sufficient voucher in the hands of such trustees.
Mont. Code Ann. § 7-6-2512 — MT Code / Title 7 / Chapter 6 / Part 25 / Section 7-6-2512
7-6-2512 County tax levy for health care facilities
Status: in_force

7-6-2512 . County tax levy for health care facilities. (1) Subject to 15-10-420 , the board of county commissioners may, annually at the time of levying county taxes, fix and levy a tax upon all property within the county to erect, furnish, equip, expand, improve, maintain, and operate county-owned or county-operated health care facilities created under 7-8-2102 , 7-34-2201 , and 7-34-2502 . "Health care facilities" as used in this section has the meaning as defined in 7-34-2201 . If a hospital district is created under Title 7, chapter 34, part 21, the mill levy authorized by this section may not be imposed on property within that hospital district.

(2) If a county issues bonds under 7-34-2411 to finance or refinance the costs of a health care facility, the board of county commissioners may covenant to levy the tax authorized by this section during the term of the bonds, to the extent necessary, and to apply the collections of the tax to the costs of erecting, furnishing, equipping, expanding, improving, maintaining, and operating the health care facility or facilities of the county or the payment of principal of or interest on the bonds. The pledge of the taxes to the payment of the bonds may not cause the bonds to be considered indebtedness of the county for the purpose of any statutory limitation or restriction. The pledge may be made by the board only upon authorization of a majority of the electors of the county voting on the pledge at a general or special election as provided in 7-34-2414 .
Mont. Code Ann. § 7-2-4305 — MT Code / Title 7 / Chapter 2 / Part 43 / Section 7-2-4305
7-2-4305 Provision of services
Status: in_force

7-2-4305 . Provision of services. In all cases of annexation under current Montana law, services must be provided according to a plan provided by the municipality as specified in 7-2-4732 , except:

(1) as provided in 7-2-4736 ; and

(2) in first-class cities when otherwise mutually agreed upon by the municipality and the real property owners of the area to be annexed.
Mont. Code Ann. § 7-12-2169 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2169
7-12-2169 Use of bonds and warrants
Status: in_force

7-12-2169 . Use of bonds and warrants. All costs and expenses incurred in any improvement district in the acquisition, construction, or maintenance of any improvement specified in this part or incurred in the issuance of bonds or warrants of the district, including incidental expenses, shall be paid for by special improvement district bonds or warrants. The board of county commissioners shall provide for making payments for maintenance or improvements in any rural improvement district by the method provided in 7-12-2172 and 7-12-2173 .
Mont. Code Ann. § 7-22-2145 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2145
7-22-2145 Expenditures from noxious weed fund
Status: in_force

7-22-2145 . Expenditures from noxious weed fund. (1) The noxious weed fund must be expended by the commissioners at the time and in the manner as is recommended by the board to secure the control of noxious weeds.

(2) Warrants upon the fund must be drawn by the board. Warrants may not be drawn except upon claims duly itemized by the claimant, except payroll claims that must be itemized and certified by the board, and each claim must be presented to the commissioners for approval before the warrant is countersigned by the commissioners.
Mont. Code Ann. § 7-3-4446 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4446
7-3-4446 Acceptance of streets or alleys
Status: in_force

7-3-4446 . Acceptance of streets or alleys. (1) No streets or alleys except those laid down on such plat and bearing the approval of the supervisor of plats, as hereinbefore provided, shall subsequently in any way be accepted as public streets or alleys by the municipality or shall any public funds be expended in the repair or improvement of streets or alleys subsequently laid out and not on such plat. This restriction shall not apply to a street or alley laid out by the municipality or to streets, alleys, or public grounds laid out on a plat by or with the approval of the supervisor of plats.

(2) No street or alley hereafter dedicated to public use by the proprietor of ground in the municipality shall be deemed a public street or alley or under the care or control of the commission unless the dedication be accepted and confirmed by ordinance passed for such purpose or unless the provisions hereof relating to subdivisions shall have been complied with.
Mont. Code Ann. § 7-14-1102 — MT Code / Title 7 / Chapter 14 / Part 11 / Section 7-14-1102
7-14-1102 Regional port authority
Status: in_force

7-14-1102 . Regional port authority. (1) Two or more local governments may by joint resolution create a public body, corporate and politic, to be known as a regional port authority. The resolution creating a regional port authority must create a board of not less than five commissioners. The number to be appointed, their term, and their compensation, if any, must be provided for in the resolution. Each regional port authority shall organize, select officers for terms to be fixed by agreement, and adopt and amend from time to time rules for its own procedure.

(2) A regional port authority may be increased from time to time to serve one or more additional counties or municipalities if each additional local government, each of the local governments then included in the regional authority, and the commissioners of the regional authority, respectively, adopt a joint resolution consenting to the increase. However, if a local port authority for any local government seeking to be included in the regional authority is then in existence, the commissioners of the local authority must consent to the inclusion of the county or municipality in the regional authority; upon the inclusion of the local government in the regional authority, all rights, contracts, obligations, and real and personal property of the local authority must be in the name of and vest in the regional authority.

(3) A regional port authority may be decreased if each of the local governments then included in the regional authority and the commissioners of the regional authority consent to the decrease and make provisions for the retention or disposition of its assets and liabilities.

(4) A county or municipality may not adopt any resolution authorized by this section without a public hearing. Notice must be given as provided in 7-1-2121 .

(5) For the purpose of this part, a regional port authority has the same powers as all other political subdivisions in the adoption and enforcement of comprehensive port zoning regulations, as provided by the laws of this state.
Mont. Code Ann. § 7-13-2274 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2274
7-13-2274 Conduct of business
Status: in_force

7-13-2274 . Conduct of business. (1) All legislative sessions of the board of directors, whether regular or special, must be open to the public. Notice of the sessions must be given and the sessions must be held in compliance with the requirements of Title 2, chapter 3, parts 1 and 2.

(2) A majority of the board constitutes a quorum for the transaction of business.

(3) The board may act only by ordinance or resolution.
Mont. Code Ann. § 7-2-4205 — MT Code / Title 7 / Chapter 2 / Part 42 / Section 7-2-4205
7-2-4205 Provision of services
Status: in_force

7-2-4205 . Provision of services. In all cases of annexation under current Montana law, services must be provided according to a plan provided by the municipality as specified in 7-2-4732 , except:

(1) as provided in 7-2-4736 ; and

(2) in first-class cities when otherwise mutually agreed upon by the municipality and the real property owners of the area to be annexed.
Mont. Code Ann. § 7-32-4154 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4154
7-32-4154 Role of police commission in examination of applicants for police force
Status: in_force

7-32-4154 . Role of police commission in examination of applicants for police force. It shall be the duty of the police commission to examine all applicants whose applications have been referred to the commission as to their age, legal, mental, moral, and physical qualifications and their ability to fill the office as a member of the police force. It shall also be the duty of the police commission, subject to the approval of the mayor, to make such rules regarding such examinations not inconsistent with this part or the laws of the state.
Mont. Code Ann. § 7-32-110 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-110
7-32-110 Reinstatement of discharged employee who prevails in district court
Status: in_force

7-32-110 . Reinstatement of discharged employee who prevails in district court. If an employee prevails in an appeal to the district court, the employee is entitled to be reinstated to the same position previously held and at the same salary received prior to discharge or termination by the director.
Mont. Code Ann. § 7-2-4203 — MT Code / Title 7 / Chapter 2 / Part 42 / Section 7-2-4203
7-2-4203 Imposition of conditions for approval of addition
Status: in_force

7-2-4203 . Imposition of conditions for approval of addition. (1) The council has power by ordinance to compel the owners of these additions to lay out streets, avenues, and alleys that correspond in width and direction and are continuations of the streets, avenues, and alleys in the city or town or in the addition contiguous to or near the proposed addition.

(2) The owner of any addition has no rights or privileges unless the owner complies with the terms and conditions of the ordinance and the plat has been submitted to, approved by, and endorsed by the mayor and council.

(3) The council may not compel the owner of an addition to:

(a) pay a fee for the purpose of providing housing for specified income levels or at specified sale prices; or

(b) dedicate real property for the purpose of providing housing for specified income levels or at specified sale prices.

(4) A dedication of real property as prohibited in subsection (3)(b) includes a payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices.
Mont. Code Ann. § 7-32-4112 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4112
7-32-4112 Qualifications of police officers
Status: in_force

7-32-4112 . Qualifications of police officers. A member of a police department on the active list of any city at the time of appointment under this part may not be less than 18 years of age, must be a citizen of the United States, and must meet the minimum qualifying standards for employment promulgated by the Montana public safety officer standards and training council established in 2-15-2029 .
Mont. Code Ann. § 7-14-110 — MT Code / Title 7 / Chapter 14 / Part 1 / Section 7-14-110
7-14-110 Qualifications to vote on mill levy question
Status: in_force

7-14-110 . Qualifications to vote on mill levy question. An individual is entitled to vote at an election under this chapter conducted pursuant to 15-10-425 if the individual possesses all of the qualifications required of electors under 13-1-111 and is:

(1) a resident of the area that is or may be subject to a tax under this chapter; or

(2) the owner of taxable property located in the area that is or may be subject to a tax under this chapter.
Mont. Code Ann. § 7-12-2139 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2139
7-12-2139 Procedure if person entering contract defaults on work
Status: in_force

7-12-2139 . Procedure if person entering contract defaults on work. (1) If the contractor who may have taken a contract does not complete the contract within the time limited in the contract or within a further time that may be given, the engineer selected as provided in this part shall report the delinquency to the board of county commissioners.

(2) (a) The board may relet the unfinished portion of the work after pursuing the formalities prescribed in 7-12-2131 through 7-12-2137 for the letting of the contract in the first instance.

(b) The board may complete the contract and deduct any cost in excess of the contract price from any money, bond, or warrant due the contractor. If there is no money, bond, or warrant due the contractor from which to deduct the cost, then the board may sue the contractor and recover the costs.
Mont. Code Ann. § 7-3-1221 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1221
7-3-1221 Compensation of commission members
Status: in_force

7-3-1221 . Compensation of commission members. (1) The commission may by ordinance provide compensation for its members, but the total amount and manner of compensation may not exceed the maximum sum prescribed by law for city council members of cities of the first class.

(2) In addition to any compensation authorized by this section, each member of the commission must receive the same sum prescribed by law for county commissioners per mile for any distance in excess of 10 miles necessarily traveled in going from and returning to the member's residence because of attendance at a regular or regularly called meeting of the commission or in travel in the county undertaken in performance of official duties.
Mont. Code Ann. § 7-34-2118 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2118
7-34-2118 Term of office
Status: in_force

7-34-2118 . Term of office. (1) The trustees elected for the first board shall serve for terms:

(a) commencing upon their being elected and qualified; and

(b) terminating 1, 2, and 3 years, respectively, from the first district meeting following their election and until their respective successors are elected and qualified.

(2) Annually after the initial election there may be elected a trustee to serve for a term of 3 years and until a successor is qualified. The term of 3 years commences at the first district meeting following the trustee's election.
Mont. Code Ann. § 7-12-4405 — MT Code / Title 7 / Chapter 12 / Part 44 / Section 7-12-4405
7-12-4405 Improvements within maintenance districts -- ordinance required
Status: in_force

7-12-4405 . Improvements within maintenance districts -- ordinance required. (1) (a) Cities and towns may prepare and improve streets, avenues, and alleys within the maintenance districts so that the maintenance will be of a durable and continuing benefit. The city or town council shall provide by ordinance a method or methods of doing the work and improvements.

(b) For the purposes of this section, "improvements" includes but is not limited to the installation of traffic signs, new curb and gutter construction, and widening of existing streets.

(2) Cities and towns are authorized to maintain the work and improvements made under subsection (1).

(3) At least 12 days must elapse between the day on which the proposed ordinance is introduced and the day on which final action on the ordinance is taken.
Mont. Code Ann. § 7-15-4121 — MT Code / Title 7 / Chapter 15 / Part 41 / Section 7-15-4121
7-15-4121 Adoption of building, electrical, and plumbing codes
Status: in_force

7-15-4121 . Adoption of building, electrical, and plumbing codes. The governing body of an incorporated city or town may adopt technical building, electrical, and plumbing codes, in whole or in part, by reference under the procedure provided in 7-5-4202 .
Mont. Code Ann. § 7-33-2103 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2103
7-33-2103 Hearing on petition -- decision
Status: in_force

7-33-2103 . Hearing on petition -- decision. (1) (a) The board shall hear the petition at the time set or at any time within 5 days of the time set if reasonable notice of the postponement is given. The board may establish the district unless it determines that the petition bears insufficient signatures or, if originally sufficient, that by reason of written withdrawals of signatures it has become insufficient.

(b) Signatures may not be withdrawn fewer than 20 days before the date set for adoption of the petition.

(2) The board may adjust the boundaries of the proposed district to reflect the written request of any real property owner who resides in the proposed district for subtraction or annexation of parcels of the property owner's land adjacent to the boundary line of the proposed district. The written request must be submitted to the board prior to or on the date set for hearing on the petition.

(3) The board shall render its decision within 30 days after the hearing.
Mont. Code Ann. § 7-3-144 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-144
7-3-144 Special requirements if county merger recommended
Status: in_force

7-3-144 . Special requirements if county merger recommended. (1) Whenever county merger is recommended, a petition, in addition to the material required by 7-3-142 , must contain a consolidation plan which:

(a) provides for adjustment of existing bonded indebtedness and other obligations in a manner which assures a fair and equitable burden of taxation for debt service;

(b) provides for establishment of subordinate service districts;

(c) provides for the transfer or other disposition of property and other rights, claims, assets, and franchises of local governments consolidated under the alternative plan;

(d) provides the official name of the consolidated local government; and

(e) (i) provides for the transfer, reorganization, abolition, adjustment of boundaries, or absorption of existing boards, subordinate service districts, local improvement districts, agencies, and political subdivisions of the consolidated governments, excluding school districts, authorities, and incorporated municipalities; or

(ii) grants the legislative body of the consolidated government the authority to transfer, reorganize, abolish, adjust boundaries, or absorb existing boards, subordinate service districts, local improvement districts, agencies, and political subdivisions of the consolidated governments, excluding school districts, authorities, and incorporated municipalities, with or without referendum requirements.

(2) The consolidation plan may include other provisions that are consistent with state law.
Mont. Code Ann. § 7-15-4526 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4526
7-15-4526 Power to mortgage property when government financing involved
Status: in_force

7-15-4526 . Power to mortgage property when government financing involved. (1) In connection with any project financed in whole or in part by a government, the authority shall also have power to mortgage all or any part of its real or personal property, then owned or thereafter acquired, and thereby:

(a) to vest in a government the right, upon the happening of an event of default (as defined in such mortgage), to foreclose such mortgage through judicial proceedings or through the exercise of a power of sale without judicial proceedings so long as a government shall be the holder of any of the bonds secured by such mortgage;

(b) to vest in a trustee or trustees the right, upon the happening of an event of default (as defined in such mortgage), to foreclose such mortgage through judicial proceedings or through the exercise of a power of sale without judicial proceedings, but only with the consent of the government which aided in financing the housing project involved;

(c) to vest in other obligees the right to foreclose such mortgage by judicial proceedings, but only with the consent of the government which aided in financing the project involved;

(d) to vest in an obligee, including a government, the right in foreclosing any mortgage as aforesaid, to foreclose such mortgage as to all or such part or parts of the property covered thereby as such obligee in its absolute discretion shall elect.

(2) The institution, prosecution, and conclusion of any foreclosure proceedings authorized by subsection (1)(d) and/or the sale of any such parts of the mortgaged property shall not affect in any manner or to any extent the lien of the mortgage on the parts of the mortgaged property not included in such proceedings or not sold as aforesaid.
Mont. Code Ann. § 7-4-2915 — MT Code / Title 7 / Chapter 4 / Part 29 / Section 7-4-2915
7-4-2915 Custody and disposition of bodies held pending investigation
Status: in_force

7-4-2915 . Custody and disposition of bodies held pending investigation. (1) In the course of an inquiry authorized under the provisions of 46-4-122 , the coroner may take custody of a dead human body and cause it to be removed from the site of death to a facility designated by the coroner.

(2) A dead human body in the custody of a county coroner must be held until the coroner, after consultation with appropriate law enforcement officials and the county attorney, establishes that it is not necessary to hold the body to determine the reasonable and true cause of death or that the body is no longer necessary to assist any local investigations.

(3) If the identity of a dead human body is unknown or if those entitled to custody of a body do not claim it, the coroner shall take custody of the body even if the circumstances of the death do not otherwise require an inquiry by the coroner.

(4) A dead human body in the custody of the coroner may be released by the coroner to the custody of a person who is entitled to custody or to a funeral home.

(5) The coroner shall release to a funeral home a dead human body that is not designated to be released to a specific funeral home by the deceased prior to death, by the deceased's next of kin, or by a friend of the deceased who will take financial responsibility for the disposition of the body. The coroner shall rotate the release of bodies to funeral homes in a manner that is fair and equitable. The coroner may not release a body to a funeral home if the funeral home has requested in writing by December 1 of the preceding year that it does not wish to participate in the release of bodies under this section.
Mont. Code Ann. § 7-15-4265 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4265
7-15-4265 Presumption of regularity in transfer of title
Status: in_force

7-15-4265 . Presumption of regularity in transfer of title. Any instrument executed by a municipality and purporting to convey any right, title, or interest in any property under this part or part 43 shall be conclusively presumed to have been executed in compliance with the provisions of this part and part 43 insofar as title or other interest of any bona fide purchasers, lessees, or transferees of such property is concerned.
Mont. Code Ann. § 7-7-132 — MT Code / Title 7 / Chapter 7 / Part 1 / Section 7-7-132
7-7-132 Procedure to declare bankruptcy
Status: in_force

7-7-132 . Procedure to declare bankruptcy. (1) A local entity may submit itself and a proposed plan of adjustment to the jurisdiction of the bankruptcy court having jurisdiction of the matter. If the local entity submits a proposed plan of adjustment, it is governed, subject to the provisions of Montana law applicable to the local entity, by the proceedings, orders, and decrees of the court as provided by the federal municipal bankruptcy laws.

(2) The local entity shall compose and enter into, submit itself to, and perform the plan of adjustment as required by the federal laws and the orders and decrees of the bankruptcy court:

(a) upon the adoption by its legislative body of an ordinance or resolution:

(i) declaring that it is insolvent or unable to meet its debts as they mature;

(ii) declaring that it desires to effect a plan for the adjustment of its debts under the provisions of the federal municipal bankruptcy laws; and

(iii) providing that the local entity shall proceed to the adjustment of its indebtedness under the provisions of the federal laws; and

(b) upon the acceptance or considered acceptance of the proposed plan of adjustment of the petitioning local entity as provided in the federal laws.
Mont. Code Ann. § 7-22-2148 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2148
7-22-2148 Payment of weed control expenses -- tax liability
Status: in_force

7-22-2148 . Payment of weed control expenses -- tax liability. (1) The expenses incurred by the board for noxious weed control undertaken pursuant to 7-22-2134 must be paid by the county out of the noxious weed fund.

(2) If the sum to be repaid by the landowner billed under 7-22-2134 is not repaid on or before the date due, the county clerk shall certify the amount due, with the description of the land to be charged, and shall enter the amount on the assessment list of the county as a special tax on the land. If the land is exempt from general taxation for any reason, the amount due and to be repaid may be recovered by direct claim against the landowner and collected in the same manner as personal taxes.

(3) All amounts collected pursuant to subsection (2) must be deposited in the noxious weed fund.
Mont. Code Ann. § 7-32-2242 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2242
7-32-2242 Use of detention center -- payment of costs
Status: in_force

7-32-2242 . Use of detention center -- payment of costs. (1) Local government, state, and federal law enforcement and correctional agencies may use any detention center for the confinement of arrested persons and the punishment of offenders, under conditions imposed by law and with the consent of the governing body responsible for the detention center.

(2) (a) Except as provided in 7-32-2245 , if a person is confined in a detention center by an arresting agency not responsible for the operation of the detention center, the actual costs of holding the person in confinement must be paid by the arresting agency unless otherwise agreed to by the arresting agency and the operator of the detention center.

(b) If a city or town commits a person to the detention center of the county in which the city or town is located for a reason other than detention pending trial for or detention for service of a sentence for violating an ordinance of that city or town, the costs must be paid by the county, except as provided in 7-32-2245 . If the department of corrections is the arresting agency and the inmate is a probation violator, the costs must be paid by the county in which the district court that retains jurisdiction over the inmate is located, except as provided in 7-32-2245 .

(c) The department of corrections is responsible to pay actual costs for defendants following the pronouncement of sentence pursuant to 46-19-101 .

(d) Payments must be made to the government unit responsible for the detention center or to the administrator operating a private detention center under an agreement provided for in 7-32-2201 on presentation of a claim to the arresting agency.

(e) For the purposes of this section, "actual costs" in reference to a detention center means $85.30 a day.

(3) If a person is a fugitive from justice from an out-of-state jurisdiction, the costs, including medical expenses, of holding the person in a detention center pending extradition must be paid by the out-of-state jurisdiction.
Mont. Code Ann. § 7-34-2158 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2158
7-34-2158 Decision on withdrawal petition -- appeal
Status: in_force

7-34-2158 . Decision on withdrawal petition -- appeal. (1) The board shall consider the petition and all objections thereto, pass upon the merits thereof, and make its order in accordance therewith.

(2) Such order is subject to review by the district court of the county, and appeal may be taken from the final judgment of such district court to the supreme court of Montana.
Mont. Code Ann. § 7-23-2110 — MT Code / Title 7 / Chapter 23 / Part 21 / Section 7-23-2110
7-23-2110 Barking dog control
Status: in_force

7-23-2110 . Barking dog control. The governing body of a county may, by adoption of an ordinance that substantially complies with 7-5-103 through 7-5-107 , regulate barking dogs. An ordinance adopted pursuant to this section may not apply to a dog that is owned, kept, or harbored as part of the business of a licensed veterinarian, animal boarding facility, or agricultural or livestock operation.
Mont. Code Ann. § 7-22-2121 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2121
7-22-2121 Weed management program
Status: in_force

7-22-2121 . Weed management program. (1) The noxious weed management program must be based on a plan approved by the board and the commissioners.

(2) The noxious weed management plan must:

(a) specify the goals and priorities of the program;

(b) review the distribution and abundance of each noxious weed species known to occur within the district and specify the locations of new infestations and areas particularly susceptible to new infestations;

(c) specify herbicide management goals and procedures, including but not limited to water quality protection, public and worker safety, equipment selection and maintenance, and herbicide selection, application, mixing, loading, storage, and disposal; and

(d) estimate the personnel, operations, and equipment costs of the proposed program;

(e) develop a compliance plan or strategy; and

(f) incorporate cooperative agreements established pursuant to 7-22-2151 .

(3) The board shall provide for the management of noxious weeds on all land or rights-of-way owned or controlled by a county or municipality within the district. It shall take particular precautions while managing the noxious weeds to preserve beneficial vegetation and wildlife habitat. When possible, management must include cultural, herbicidal, and biological methods.

(4) The board may establish special management zones within the district. The management criteria in those zones may be more or less stringent than the general management criteria for the district.
Mont. Code Ann. § 7-13-2282 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2282
7-13-2282 Hearing on assessment
Status: in_force

7-13-2282 . Hearing on assessment. (1) At the time fixed, the board of directors shall meet and hear all objections and for that purpose may adjourn from day to day.

(2) The board of directors may by resolution modify the assessment in whole or in part. A copy of the resolution, certified by the secretary, must be delivered to the county clerk and recorder of the county in which the lot, tract, or parcel is located within 2 days after passage of the resolution.

(3) At any time within 30 days after the date of the first publication of the notice of proposed assessments, any owner of property to be assessed for the costs of making the improvements may make written protest against the levy of assessments. The protest must be in writing, identify the property in the district owned by the protestor, and be signed by all owners of the property except as provided in 7-13-2290 . The protest must be delivered to the secretary of the district not later than 5 p.m. of the last day of the 30-day period provided for in this subsection. The secretary shall endorse the date and hour of receipt on the protest.

(4) If the board of directors finds that a protest with respect to the method or methods of assessment described in the resolution is made by the owners of property in the district to be assessed for more than 50% of the cost of improvements, the board of directors may not use the method or methods of assessment described in the resolution. A protest does not bar the board of directors from adopting subsequent resolutions pursuant to 7-13-2280 , using a different method of assessment, and levying the assessments following notice and hearing as provided in 7-13-2281 and this section or, not less than 6 months after the receipt of sufficient protests, instituting proceedings under 7-13-2280 , 7-13-2281 , and this section proposing the same method of assessment.
Mont. Code Ann. § 7-5-4142 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4142
7-5-4142 Attendance at meetings and conventions by municipal officers and employees
Status: in_force

7-5-4142 . Attendance at meetings and conventions by municipal officers and employees. Unless otherwise provided by law, a city officer or employee may not receive payment from any public funds for traveling expenses or other expenses of any sort for attendance at a convention, meeting, or other gathering of public officers except for attendance upon a convention, meeting, or other gathering that the officer or employee may by virtue of the office find it necessary to attend.
Mont. Code Ann. § 7-15-2107 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2107
7-15-2107 Application for incorporation
Status: in_force

7-15-2107 . Application for incorporation. (1) The commissioners of the authority shall present to the secretary of state an application signed by them that must set forth without any detail other than the mere recital:

(a) that a notice has been given and public hearing has been held and that the board of county commissioners made the determination provided for in 7-15-2105 after the hearing and appointed them as commissioners;

(b) the name and official residence of each commissioner, together with a certified copy of the appointment evidencing the commissioner's right to office, the date and place of induction into and taking the oath of office, and that the commissioners desire the housing authority to become a public body and a body corporate and politic under this part;

(c) the term of office of each of the commissioners;

(d) the name that is proposed for the corporation; and

(e) the location of the principal office of the proposed corporation.

(2) The application must be subscribed and sworn to by each commissioner before an officer authorized by the laws of the state to take and certify oaths, who shall certify upon the application that the officer personally knows the commissioner and knows the commissioner to be an officer as asserted in the application and that the commissioner subscribed and swore to the application in the officer's presence.
Mont. Code Ann. § 7-6-1506 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1506
7-6-1506 Use of resort community tax revenue -- bond issue -- pledge
Status: in_force

7-6-1506 . Use of resort community tax revenue -- bond issue -- pledge. (1) Unless otherwise restricted by the voter-approved tax authorization provided for in 7-6-1504 , a resort community or a resort area district may appropriate and expend revenue derived from a resort tax for any activity, undertaking, or administrative service that the municipality or resort area district is authorized by law to perform, including costs resulting from the imposition of the tax.

(2) A resort community may issue bonds to provide, install, or construct any of the public facilities, improvements, or undertakings authorized under 7-7-4101 , 7-7-4404 , and 7-12-4102 .

(3) Bonds issued under this section must be authorized by a resolution of the governing body, stating the terms, conditions, and covenants of the municipality or resort area district as the governing body considers appropriate. The bonds may be sold at a discount at a public or private sale.

(4) A resort community may pledge for repayment of bonds issued under this section the revenue derived from a resort tax, special assessments levied for and revenue collected from the facilities, improvements, or undertakings for which the bonds are issued, and any other source of revenue authorized by the legislature to be imposed or collected by the resort community. The bonds do not constitute debt for purposes of any statutory debt limitation, provided that in the resolution authorizing the issuance of the bonds, the municipality determines that the resort tax revenue, special assessments levied for and revenue from the facilities, improvements, or undertakings, or other sources of revenue, if any, pledged to the payment of the bonds will be sufficient in each year to pay the principal and interest on the bonds when due.

(5) Bonds may not be issued pledging proceeds of the resort tax for repayment unless the municipality in the resolution authorizing issuance of the bonds determines that in any fiscal year the annual revenue expected to be derived from the resort tax, less the amount required to reduce property taxes pursuant to 7-6-1507 , equals at least 125% of the average amount of the principal and interest payable from the resort tax revenue on the bonds and any other outstanding bonds payable from the resort tax except any bonds to be refunded upon the issuance of the proposed bonds.
Mont. Code Ann. § 7-14-2828 — MT Code / Title 7 / Chapter 14 / Part 28 / Section 7-14-2828
7-14-2828 Report required
Status: in_force

7-14-2828 . Report required. An owner or keeper of a ferry shall report annually to the board of county commissioners from which a license is obtained, under oath, the following facts:

(1) the actual cost of the construction or erection and equipment of the ferry;

(2) the repairs made during the preceding year and the actual cost of the repairs;

(3) the expense of labor and of hiring agents and other costs necessarily incurred with regard to the conduct of the business;

(4) the amount of tolls collected; and

(5) the estimated actual cash value of the ferry, exclusive of the franchise.
Mont. Code Ann. § 7-7-2264 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2264
7-7-2264 Statement as to amount of principal and interest due and payable on bonds
Status: in_force

7-7-2264 . Statement as to amount of principal and interest due and payable on bonds. (1) Whenever any county has any issue or series of bonds outstanding and there are not sufficient funds on hand available for the payment of the full amount of the interest and principal thereof, the county treasurer of such county shall, between the first and fifth days of August in each year while such bonds or any thereof remain outstanding and unpaid, make out and deliver to the board of county commissioners of such county a statement.

(2) The statement required by subsection (1) shall show the amount required to be raised by tax levy during the then-current fiscal year for payment of interest and principal becoming due and payable during such fiscal year or within 90 days thereafter on each issue or series of bonds outstanding. If no part of the principal of any such issue or series of bonds will become due and payable within such time, then such statement shall show the amount required to be raised by tax levy during such year for payment of interest becoming due during such time and to place the proper amount in the sinking fund for the payment of the principal of such bonds when they become due, as provided in 7-7-2265 .
Mont. Code Ann. § 7-15-4464 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4464
7-15-4464 Authorization for payment of rentals in lieu of taxes
Status: in_force

7-15-4464 . Authorization for payment of rentals in lieu of taxes. (1) Any housing authority established pursuant to this part and/or the federal government may pay annual sums from rentals in lieu of taxes to any state and/or political subdivision thereof with respect to any real property, including improvements thereon, owned or held by either such housing authority or the federal government.

(2) The amount so paid for any year upon such property shall not exceed the taxes which would be paid to the state and/or subdivision thereof, as the case may be, upon such property if it were not exempt from taxation, with such allowances as may be considered to be appropriate for expenditures by the government for streets, utilities, or other public services to serve such property.
Mont. Code Ann. § 7-3-123 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-123
7-3-123 Alteration of existing forms of local government
Status: in_force

7-3-123 . Alteration of existing forms of local government. An alteration of an existing form of local government may be proposed by a petition of the electors.