Mont. Code Ann. § 7-12-2185 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2185
7-12-2185 Covenants to use revolving fund -- duration of revolving fund obligation -- factors to be considered
Status: in_force

7-12-2185 . Covenants to use revolving fund -- duration of revolving fund obligation -- factors to be considered. (1) In connection with the issuance of rural improvement district bonds or warrants, the board of county commissioners may undertake and agree:

(a) to make loans or advances from the revolving fund to the district fund involved in amounts sufficient to make good any deficiency in the bond and interest accounts, to the extent that funds are available;

(b) to provide funds for the revolving fund pursuant to the provisions of 7-12-2182 by annually making a tax levy or, in lieu of the tax levy, a loan from the general fund, subject to the maximum limitations imposed by 7-12-2182 ; and

(c) to retain in the revolving fund a balance up to 10% of the then-outstanding rural improvement district bonds and warrants secured by the revolving fund.

(2) (a) The undertakings and agreements are binding upon the county with respect to the rural improvement district bonds or warrants until the earlier of:

(i) the date on which all bonds or warrants of the issue and interest on the bonds or warrants have been fully paid or discharged in a bankruptcy case in which the rural improvement district is the debtor; or

(ii) the date that is the later of:

(A) the final stated maturity date of the bonds or warrants; or

(B) the date on which all special assessments levied in the district have been either paid or discharged.

(b) The discharge of delinquent special assessments levied with respect to a particular lot or parcel is considered to occur upon:

(i) the issuance of a tax deed, as provided in 15-18-214 , or, if the county is the recipient of the tax deed, upon the sale, lease, or other disposition of the property by the county as provided in Title 7, chapter 8, part 22, 23, 24, or 25, or other applicable law; or

(ii) payment in full of the allowed secured claim for the special assessments in a bankruptcy case in which the owner of the lot or parcel is the debtor.

(3) Prior to entering into the undertakings and agreements set forth in subsection (1), the board of county commissioners shall take into consideration the following factors, including other circumstances that the board may determine to be material to the public interest of securing the bonds or warrants by the revolving fund:

(a) the estimated market value of the lots, parcels, or tracts included in the district at the time that the district is created in comparison to the estimated market value of the lots, parcels, or tracts after the improvements are made;

(b) the diversity of ownership of property in the district;

(c) the amount of the special assessments proposed to be levied against each lot, parcel, or tract in the district in comparison to the estimated market value of the lot, parcel, or tract after the improvements are made;

(d) the amount of any outstanding special assessments against the property in the district;

(e) the amount of delinquencies in the payment of outstanding special assessments or property taxes levied against property in the district;

(f) the public benefit of the improvements proposed to be financed; and

(g) in the case of a district created to make improvements in a newly platted subdivision:

(i) the prior subdivision development experience and credit rating or credit history of the person developing the land; and

(ii) any contribution by property owners to the costs of the improvements or any security given by property owners to secure payment of special assessments levied in the district.

(4) Any findings or determinations with respect to the factors contained in subsection (3) made by the board of county commissioners in a resolution authorizing the undertakings and agreements or the issuance of bonds or warrants are conclusive evidence that the board has taken into consideration the factors required by subsection (3).

(5) In lieu of the undertakings and agreements set forth in subsection (1), the board of county commissioners may determine in the resolution authorizing the issuance of the bonds or warrants that the revolving fund does not secure the bonds or warrants and that the bonds or warrants are payable solely from the district fund created for the bonds or warrants and do not have a claim against the revolving fund.
Mont. Code Ann. § 7-12-4309 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4309
7-12-4309 Record of expenses to be kept by city engineer
Status: in_force

7-12-4309 . Record of expenses to be kept by city engineer. The city engineer shall keep an account of all costs and expenses incurred in the engineer's office in connection with each special improvement district and certify the costs and expenses to the city clerk.
Mont. Code Ann. § 7-6-4411 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4411
7-6-4411 Equalization of assessments
Status: in_force

7-6-4411 . Equalization of assessments. (1) The equalization of assessments of property made by the department of revenue applies to the assessment of property in any city or town and must be taken as the equalization thereof.

(2) The person aggrieved must first make an affidavit stating the facts, which must be filed with the clerk.
Mont. Code Ann. § 7-22-2101 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2101
7-22-2101 Definitions
Status: in_force

7-22-2101 . Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:

(1) "Board" means a district weed board created under 7-22-2103 .

(2) "Commissioners" means the board of county commissioners.

(3) "Coordinator" means the person employed by the county to conduct the district noxious weed management program and supervise other district employees.

(4) "Department" means the department of agriculture provided for in 2-15-3001 .

(5) "District" means a weed management district organized under 7-22-2102 .

(6) "Integrated weed management program" means a program designed for the long-term management and control of weeds using a combination of techniques, including hand-pulling, cultivation, use of herbicide, use of biological control, mechanical treatment, prescribed grazing, prescribed burning, education, prevention, and revegetation.

(7) "Native plant" means a plant indigenous to the state of Montana.

(8) "Native plant community" means an assemblage of native plants occurring in a natural habitat.

(9) (a) "Noxious weeds" or "weeds" means any exotic plant species established or that may be introduced in the state that may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses or that may harm native plant communities and that is designated:

(i) as a statewide noxious weed by rule of the department; or

(ii) as a district noxious weed by a board, following public notice of intent and a public hearing.

(b) A weed designated by rule of the department as a statewide noxious weed must be considered noxious in every district of the state.

(c) Marijuana, as defined in 16-12-102 , may not be considered a noxious weed.

(10) "Person" means an individual, partnership, corporation, association, or state or local government agency or subdivision owning, occupying, or controlling any land, easement, or right-of-way, including any county, state, or federally owned and controlled highway, drainage or irrigation ditch, spoil bank, barrow pit, or right-of-way for a canal or lateral.

(11) "Weed management" or "control" means the use of an integrated weed management program for the containment, suppression, and, where possible, eradication of noxious weeds.
Mont. Code Ann. § 7-14-242 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-242
7-14-242 Petition for dissolution of district
Status: in_force

7-14-242 . Petition for dissolution of district. Any transportation district may be dissolved upon presentation to the county commissioners of a petition signed by at least 51% of the qualified voters of such district.
Mont. Code Ann. § 7-3-305 — MT Code / Title 7 / Chapter 3 / Part 3 / Section 7-3-305
7-3-305 Employees of commission-manager government
Status: in_force

7-3-305 . Employees of commission-manager government. (1) Employees appointed by the manager and the manager's subordinates must be administratively responsible to the manager.

(2) Neither the commission nor any of its members may dictate the appointment or removal of any employee whom the manager or any of the manager's subordinates are empowered to appoint.

(3) Except for the purpose of inquiry or investigation under this title, the commission or its members shall deal with the local government employees who are subject to the direction and supervision of the manager solely through the manager, and neither the commission nor its members may give orders to the employee, either publicly or privately.
Mont. Code Ann. § 7-3-4450 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4450
7-3-4450 Renewal of franchises
Status: in_force

7-3-4450 . Renewal of franchises. The commission may by ordinance renew any grant for the construction or operation of any utility, at its expiration, subject to petition and referendum as hereinbefore provided.
Mont. Code Ann. § 7-16-2327 — MT Code / Title 7 / Chapter 16 / Part 23 / Section 7-16-2327
7-16-2327 Indebtedness for park purposes
Status: in_force

7-16-2327 . Indebtedness for park purposes. (1) Subject to the provisions of subsection (2), a county park board, in addition to powers and duties given under law, may contract an indebtedness on behalf of a county, upon the credit of the county, in order to carry out its powers and duties.

(2) (a) The total amount of indebtedness authorized to be contracted in any form, including existing indebtedness, may not at any time exceed 0.79% of the total assessed value of taxable property, determined as provided in 15-8-111 , within the county, as ascertained by the last assessment for state and county taxes prior to the incurring of the indebtedness.

(b) Money may not be borrowed on bonds issued for the purchase of lands and improving the land for any purpose until the proposition has been submitted to the vote of those qualified under the provisions of the state constitution to vote at the election in the affected county and a majority vote is cast in favor of the bonds.
Mont. Code Ann. § 7-12-4141 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4141
7-12-4141 Bid for work -- exception
Status: in_force

7-12-4141 . Bid for work -- exception. (1) Except as provided in subsection (4), the city council may call for bids or proposals for several kinds and types of materials for the improvements proposed to be made under this part and part 42, reserving the right to select the kind or type of material to be used in making the improvements after the bids or proposals have been opened, examined, and declared.

(2) Notice inviting proposals and referring to the specifications on file must be published as provided in 7-1-4127 .

(3) The time fixed for the opening of bids may not be less than 5 days or more than 12 days from the time of the final publication of the notice. If the advertisement is made by posting, 15 days must elapse, including the day of posting, between the time of the posting of the advertisement and the day set for opening bids. The proposals or bids offered must be accompanied by bid security as provided for in Title 18, chapter 1, part 2. The proposals or bids must be delivered to the clerk of the city council.

(4) If the proposed improvement is the conversion of overhead utilities to an underground location, the work must be performed by the public utility responsible for the cost and feasibility report required under 69-4-313 .
Mont. Code Ann. § 7-6-4024 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4024
7-6-4024 Hearing on preliminary budget
Status: in_force

7-6-4024 . Hearing on preliminary budget. (1) The governing body shall hold a hearing in accordance with the notice given pursuant to 7-6-4021 .

(2) Local government officials shall attend the budget hearing to answer questions on their proposed budgets if called upon:

(a) by the governing body; or

(b) by a taxpayer or resident.

(3) The hearing may be continued from day to day and must be concluded and the budget finally approved and adopted by resolution by the later of the first Thursday after the first Tuesday in September or within 30 calendar days of receiving certified taxable values from the department of revenue.
Mont. Code Ann. § 7-13-2346 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2346
7-13-2346 Decision on petition to exclude land
Status: in_force

7-13-2346 . Decision on petition to exclude land. (1) If upon such hearing the board of directors determines that it is for the best interests of the district that the lands mentioned in the petition or some portion thereof be excluded from the district or if it appears that such lands or some portion thereof will not be benefited by their continued inclusion in the district, then the board shall make an order that such lands or such portion thereof be excluded from the district, such order to describe specifically the lands so excluded.

(2) A copy of such order of exclusion, certified to by the secretary of the district, shall be recorded in the office of the county recorder of the county or counties in which the district is situated, and the record of such certified copy shall be deemed prima facie evidence of the exclusion from the district of the lands purporting to be excluded thereby.
Mont. Code Ann. § 7-12-4185 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4185
7-12-4185 Payment of tax under protest -- action to recover
Status: in_force

7-12-4185 . Payment of tax under protest -- action to recover. (1) When a tax levied and assessed under any of the provisions of part 42 and this part is considered unlawful by the party whose property is taxed or from whom the tax is demanded, the person may pay the tax or any part of the tax considered unlawful under protest to the city or county treasurer.

(2) The party paying under protest or the party's legal representative may bring an action in any court of competent jurisdiction against the officer to whom the tax was paid or against the city in whose behalf the tax was collected to recover the tax or any portion of the tax paid under protest. An action instituted to recover the tax paid under protest must be commenced within 60 days after the date of payment.

(3) The tax paid under protest must be held by the city or county treasurer until the determination of an action brought for the recovery of the tax.
Mont. Code Ann. § 7-3-202 — MT Code / Title 7 / Chapter 3 / Part 2 / Section 7-3-202
7-3-202 Nature of government
Status: in_force

7-3-202 . 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. § 7-7-4403 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4403
7-7-4403 Interpretation of part
Status: in_force

7-7-4403 . Interpretation of part. (1) The powers conferred in this part shall be in addition and supplemental to the powers conferred by any other general, special, or local law.

(2) The undertaking may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended and bonds may be issued under this part for said purposes, notwithstanding that any general, special, or local law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extension of a like undertaking or the issuance of bonds for like purposes and without regard to the requirements, restrictions, limitations, or other provisions contained in any other general, special, or local law, including but not limited to any requirement for the approval by the voters of any municipality.

(3) Insofar as the provisions of this part are inconsistent with the provisions of any other general, special, or local law, the provisions of this part shall be controlling.
Mont. Code Ann. § 7-31-111 — MT Code / Title 7 / Chapter 31 / Part 1 / Section 7-31-111
7-31-111 Cost of election in case of voter disapproval
Status: in_force

7-31-111 . Cost of election in case of voter disapproval. If the proposition submitted to the voters pursuant to 7-31-106 or 7-31-107 is disapproved, the expenses of such election shall be paid out of the general fund of such county, city, or town, as the case may be.
Mont. Code Ann. § 7-13-3006 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3006
7-13-3006 Right to protest
Status: in_force

7-13-3006 . Right to protest. (1) At any time within 30 days after the date of the first publication of the passage of the resolution of intention, any owner of property liable to be assessed for the system may make written protest against the proposed system.

(2) The protest must be in writing and be delivered to the county clerk, who shall endorse on the protest the date of the receipt.
Mont. Code Ann. § 7-14-2605 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2605
7-14-2605 Opening of county road
Status: in_force

7-14-2605 . Opening of county road. If the petition is for the opening of a county road and the board grants the prayer ordering the road opened, it shall proceed at once to have it opened to the public and declare it to be a county road.
Mont. Code Ann. § 7-3-1214 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1214
7-3-1214 Consolidated municipality commission
Status: in_force

7-3-1214 . Consolidated municipality commission. (1) Except as otherwise provided in this part or part 13, all powers of the consolidated municipality are vested in a commission.

(2) (a) In consolidated municipalities having a taxable valuation of $50 million or more, the commission must consist of seven members.

(b) In consolidated municipalities having a taxable valuation of $12.5 million or more and less than $50 million, the commission must consist of five members.

(c) In consolidated municipalities having a taxable valuation of less than $12.5 million, the commission must consist of three members.
Mont. Code Ann. § 7-14-4108 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4108
7-14-4108 Authority to contract for road work when federal funds involved
Status: in_force

7-14-4108 . Authority to contract for road work when federal funds involved. Whenever highway construction work is to be financed in whole or in part by federal funds, the council, commission, or other governing body of any city or town may contract jointly or independently with the department of transportation, United States federal highway administration, or other federal agency for the construction or reconstruction of highways, roads, and streets, to acquire rights-of-way, and to do any other thing essential and practical in securing the highway, road, and street construction or reconstruction or rights-of-way as may be agreed upon between the council, commission, or other governing body and the department of transportation or federal agency. All contracts for work on highways, roads, and streets which are let pursuant to this authority shall be let by the transportation commission.
Mont. Code Ann. § 7-14-4626 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4626
7-14-4626 Limitation on power of eminent domain
Status: in_force

7-14-4626 . Limitation on power of eminent domain. (1) A parking commission may not acquire the property of a public entity without the entity's consent.

(2) A parking commission or the city may not acquire an existing parking facility by the exercise of the power of eminent domain, as provided in Title 70, chapter 30, by a commission or the city except after a public hearing. A notice of the date, time, place, and purpose of the hearing must be published once not less than 10 or more than 20 days prior to the date of the hearing.
Mont. Code Ann. § 7-16-2330 — MT Code / Title 7 / Chapter 16 / Part 23 / Section 7-16-2330
7-16-2330 Allowance of claims
Status: in_force

7-16-2330 . Allowance of claims. (1) Subject to the provisions of subsection (2), the board of park commissioners shall, at its first regular meeting in each month, audit and allow all just claims against the county, liability for which has been incurred by the board.

(2) A claim may not be audited or paid until an itemized account of the claim, in writing and signed by the claimant or the claimant's authorized agent, has been filed in the office of the secretary of the board.

(3) An order or resolution providing for the payment or expenditure of money or creating an obligation in excess of the sum of $25 may not be passed or adopted except by a yea and nay vote, which must be recorded in full in the minutes of the secretary.
Mont. Code Ann. § 7-3-4264 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4264
7-3-4264 Applicability of civil service provisions
Status: in_force

7-3-4264 . Applicability of civil service provisions. The provisions of 7-3-4257 through 7-3-4262 , 7-3-4264 , and 7-3-4265 shall apply to all appointive officers and employees of such city except those especially named in 7-3-4254 , commissioners of any kind, laborers whose occupation requires no special skill or fitness, election officials, and mayor's secretary and assistant attorney, where such officers are appointed.
Mont. Code Ann. § 7-14-4614 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4614
7-14-4614 Annual audit of financial affairs of parking commission
Status: in_force

7-14-4614 . Annual audit of financial affairs of parking commission. The financial affairs of the parking commission shall be audited annually by independent certified public accountants.
Mont. Code Ann. § 7-4-2508 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2508
7-4-2508 Compensation of undersheriff and deputy sheriff -- definitions
Status: in_force

7-4-2508 . Compensation of undersheriff and deputy sheriff -- definitions. (1) The sheriff shall fix the compensation of the undersheriff at 98% of the salary of that sheriff.

(2) (a) The sheriff shall fix the compensation of the deputy sheriff based on a percentage of the salary of that sheriff according to the following schedule:

In counties with a population of:

Below 15,000 85% to 97% 15,000 to 29,999 76% to 97% 30,000 to 74,999 74% to 97% 75,000 and over 72% to 97%

(b) The sheriff shall adjust the compensation of the deputy sheriff within the range prescribed in subsection (2)(a) according to a rank structure in the office.

(3) For the purposes of this section, the following definitions apply:

(a) "Compensation" means the base rate of pay and does not mean longevity payments or payments for hours worked overtime.

(b) "Salary of that sheriff" means the total salary provided for in 7-4-2503 (1), (2)(b), and (2)(c).
Mont. Code Ann. § 7-3-4411 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4411
7-3-4411 Procedure for discharge, demotion, or suspension of employee
Status: in_force

7-3-4411 . Procedure for discharge, demotion, or suspension of employee. (1) An employee may not be discharged or reduced in rank or compensation until the employee has been presented with the reasons for discharge or reduction, specifically stated in writing, and has been given an opportunity to be heard in the employee's own defense. The reason for discharge or reduction and any reply in writing to the reason by the employee must be filed with the board.

(2) Any employee of any department in the municipality in the classified service who is suspended, reduced in rank, or dismissed from a department by the director of that department or the city manager may appeal from the decision to the civil service board. The board shall define the manner, time, and place in which an appeal is heard. The judgment of the board is final.
Mont. Code Ann. § 7-6-1112 — MT Code / Title 7 / Chapter 6 / Part 11 / Section 7-6-1112
7-6-1112 Funds for payment of principal and interest
Status: in_force

7-6-1112 . Funds for payment of principal and interest. For the purpose of providing funds for the payment of principal of and interest on gross proceeds obligations or short-term obligations, the governing body may authorize the creation of a special fund or funds and provide for the payment from authorized sources to such funds of amounts sufficient to meet principal and interest requirements.
Mont. Code Ann. § 7-6-501 — MT Code / Title 7 / Chapter 6 / Part 5 / Section 7-6-501
7-6-501 Definitions
Status: in_force

7-6-501 . Definitions. As used in 7-6-502 and this section, unless the context requires otherwise, the following definitions apply:

(1) "Detention" means the holding or temporary placement of a youth in a facility other than the youth's own home for the purpose of ensuring the continued custody of the youth at any time after the youth is taken into custody and before final disposition of the youth's case.

(2) "Juvenile detention program" means services to provide for the lawful detention or shelter care of youth. The term includes:

(a) youth evaluations ordered by the court under 41-5-1503 , 41-5-1512 , or 41-5-1513 ;

(b) programs for the transportation of youth to appropriate detention facilities or shelter care facilities; and

(c) an educational program for youth in need of that service.

(3) "Local government" has the same meaning as provided in 7-12-1103 .

(4) "Shelter care" has the same meaning as provided in 41-5-103 .

(5) "Youth" means an individual who is less than 18 years of age who is alleged to be a delinquent youth or youth in need of intervention as those terms are defined in 41-5-103 .
Mont. Code Ann. § 7-3-122 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-122
7-3-122 Definitions
Status: in_force

7-3-122 . Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:

(1) "Authority" means:

(a) a municipal or regional airport authority as provided in Title 67, chapter 11;

(b) a conservancy district as provided in Title 85, chapter 9;

(c) a conservation district as provided in Title 76, chapter 15;

(d) a drainage district as provided in Title 85, chapter 8;

(e) an irrigation district as provided in Title 85, chapter 7;

(f) a hospital district as provided in Title 7, chapter 34, part 21;

(g) a water conservation and flood control district as provided in Title 76, chapter 5, part 11;

(h) a county water and sewer district as provided in Title 7, chapter 13, part 22; or

(i) an urban transportation district as provided in Title 7, chapter 14, part 2.

(2) "Finance administrator" means the individual responsible for the financial administration of the local government and generally means the county or city treasurer or town clerk unless the alternative form or governing body specifies a different individual.

(3) "Form of government" or "form" means one of the types of local government enumerated in 7-3-102 and the type of government described in 7-3-111 .

(4) "Governing body" means the commission or the town meeting legislative body established in the alternative form of a local government under Title 7, chapter 3, parts 1 through 7.

(5) "Local improvement district" means an improvement district in which property is assessed to pay for specific capital improvements benefiting the assessed property.

(6) "Plan of government" has the meaning provided in 7-1-4121 .

(7) "Records administrator" means the individual responsible for keeping the public records of the local government and generally means the county, city, or town clerk unless the alternative form or governing body specifies a different individual.

(8) "Subordinate service district" means a special district within a local government in which certain services are provided and in which taxes may be levied to finance the services.
Mont. Code Ann. § 7-16-4108 — MT Code / Title 7 / Chapter 16 / Part 41 / Section 7-16-4108
7-16-4108 Operation of public recreation programs
Status: in_force

7-16-4108 . Operation of public recreation programs. (1) Any city, town, or school district or any board thereof, including any board of park commissioners, may operate such a program independently or may cooperate in its operation and conduct with any other body authorized hereby to conduct such a program in any manner upon which they may mutually agree, or it or they may delegate the operation of the program to a board of recreation created by any city, town, or school district or any board thereof, including any board of park commissioners, operating or proposing to operate a program independently or with any cooperating bodies in such manner as they may agree, and all money appropriated for the purposes of such program may be expended by such board.

(2) Any corporation, board, or body designated in this section, given authority to operate and conduct a recreation program or given charge of such program, is authorized to employ directors and instructors of said recreational work and to conduct its activities on:

(a) property under its custody and management;

(b) other public property under the custody of any other public corporation, body, or board, with the consent of such corporation, body, or board; and

(c) private property, with the consent of its owners.
Mont. Code Ann. § 7-12-4245 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4245
7-12-4245 Resolution for issuance of bonds
Status: in_force

7-12-4245 . Resolution for issuance of bonds. (1) Whenever the council has been authorized to issue bonds under 7-12-4241 through 7-12-4258 , the council may by resolution determine to issue such bonds and provide for the guaranty thereof by the supplemental revolving fund.

(2) Such resolution shall fix the amount, maturity, and interest rate and provide for the sale of bonds in such manner as the council shall determine.

(3) The resolution providing for the issuance of bonds may also contain such reasonable covenants for the protection of the holders thereof as the council may determine.
Mont. Code Ann. § 7-13-122 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-122
7-13-122 Status of federal property within metropolitan sanitary and/or storm sewer district
Status: in_force

7-13-122 . Status of federal property within metropolitan sanitary and/or storm sewer 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 is to be included within the district declared by the board of county commissioners in its resolution of intention to be a district to be assessed to pay the cost and expenses thereof, the board shall in the resolution of intention declare that the said lots, pieces, or parcels of land shall be omitted from the assessment to be made thereto to cover the cost and expenses of said work or improvement, and the cost of said work or improvement in front of said lots, pieces, or parcels of land shall be paid by the county from its general fund.
Mont. Code Ann. § 7-7-4255 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4255
7-7-4255 Form and execution of bonds
Status: in_force

7-7-4255 . Form and execution of bonds. (1) At the time of the sale of the bonds or at a meeting held after the sale, the city or town council shall adopt a resolution providing for the issuance of the bonds, prescribing the form of the bonds, whether amortization or serial bonds, providing the manner of execution of the bonds, and if applicable, specifying whether the bonds are tax credit bonds as provided in 17-5-117 , recovery zone economic development bonds or recovery zone facility bonds as provided in 7-7-140 , or qualified energy conservation bonds as provided in 7-7-141 .

(2) Each bond and each coupon attached to a bond must be signed by or bear the facsimile signatures of the mayor and the treasurer of the city or town and must be attested by the city or town clerk, provided that one signature of a city or town official or the bond registrar must be a manual signature. Each bond may have the city or town seal or its facsimile imprinted on the bond.
Mont. Code Ann. § 7-34-2203 — MT Code / Title 7 / Chapter 34 / Part 22 / Section 7-34-2203
7-34-2203 Provision of health care services
Status: in_force

7-34-2203 . Provision of health care services. A county health care facility may be used to provide health care services.
Mont. Code Ann. § 7-23-4203 — MT Code / Title 7 / Chapter 23 / Part 42 / Section 7-23-4203
7-23-4203 Additional spaying or neutering requirements not precluded -- cooperative agreements
Status: in_force

7-23-4203 . Additional spaying or neutering requirements not precluded -- cooperative agreements. (1) Humane societies and publicly operated animal shelters and pounds may enter into cooperative agreements with each other and with licensed veterinarians in carrying out the provisions of 7-23-4202 .

(2) Section 7-23-4202 does not preclude humane societies and publicly operated animal shelters and pounds from engaging in activities set forth in their charters as long as the activities are not inconsistent with 7-23-4202 .

(3) Humane societies and publicly operated animal shelters and pounds may establish spaying and neutering requirements in addition to the requirements set out in 7-23-4202 , such as:

(a) shorter timeframes for compliance with spaying and neutering requirements;

(b) arranging an appointment for spaying or neutering with a licensed veterinarian; and

(c) delivering the animal to a licensed veterinarian for surgery prior to releasing the animal to the adopting person.
Mont. Code Ann. § 7-3-4324 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4324
7-3-4324 Procedure to enact ordinance or resolution
Status: in_force

7-3-4324 . Procedure to enact ordinance or resolution. (1) Each proposed ordinance or resolution must be introduced in written or printed form and may not contain more than one subject, which must be clearly stated in the title; however, general appropriation ordinances may contain the various subjects and accounts for which money is to be appropriated. Each ordinance or resolution passed by the commission must be signed by the mayor or two members of the commission and filed with the clerk within 2 days and must be recorded by the clerk.

(2) The enacting clause of all ordinances passed by the commission must be "Be it ordained by the commission of the (city or town) of (name of city or town)". The enacting clause of all ordinances submitted by initiative must be "Be it ordained by the people of the (city or town) of (name of city or town)".

(3) An ordinance, unless it is declared an emergency, may not be passed on the day on which it is introduced unless ordered by an affirmative vote of four-fifths of the members of the commission in cities with five commissioners and two-thirds of the members of the commission in all other cities and towns.

(4) An ordinance or resolution or section of an ordinance or resolution may not be revised or amended unless the new ordinance or resolution contains the entire ordinance or resolution or section being revised or amended.

(5) Each ordinance or resolution, upon its final passage, must be recorded in a book kept for that purpose and must be authenticated by the signature of the presiding officer and the clerk of the commission. At a minimum, the number and title of each ordinance or resolution must be published at least once within 10 days after its final passage in the manner provided for in this part.
Mont. Code Ann. § 7-7-4426 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4426
7-7-4426 Authorization for undertaking and issuance of bonds
Status: in_force

7-7-4426 . Authorization for undertaking and issuance of bonds. (1) The acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of any undertaking may be authorized under this part.

(2) Bonds may be authorized to be issued under this part by resolution or resolutions of the governing body of the municipality:

(a) without an election; or

(b) when authorized by a majority of the qualified electors voting upon the question at an election conducted in accordance with Title 13, chapter 1, part 4.
Mont. Code Ann. § 7-12-2123 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2123
7-12-2123 Powers of multicounty district board of trustees
Status: in_force

7-12-2123 . Powers of multicounty district board of trustees. The board of trustees of a rural improvement district shall have all the powers and duties with respect to such district as the board of county commissioners has with respect to a district including the area of only one county.
Mont. Code Ann. § 7-3-1245 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1245
7-3-1245 Relationship of commission and manager regarding appointments and administrative service
Status: in_force

7-3-1245 . Relationship of commission and manager regarding appointments and administrative service. (1) Neither the commission nor any of its committees or members may direct or request the appointment of or removal from office or employment of any person by the manager or any of the manager's subordinates or in any manner take part in the appointment or removal of officers and employees in the administrative service of the municipality. Except for the purpose of inquiry, the commission and its members shall deal with that portion of the administrative service for which the manager is responsible solely through the manager, and neither the commission nor any member of the commission may give orders to any subordinate of the manager either publicly or privately.

(2) Any violation of the provisions of this section by a member of the commission is a misdemeanor, conviction of which immediately forfeits the office of the member convicted.
Mont. Code Ann. § 7-16-2329 — MT Code / Title 7 / Chapter 16 / Part 23 / Section 7-16-2329
7-16-2329 Limitation on incurred liability
Status: in_force

7-16-2329 . Limitation on incurred liability. The board of park commissioners shall have no power to incur liability on behalf of the county in excess of money on hand in or taxes actually levied for said park fund.
Mont. Code Ann. § 7-32-2211 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2211
7-32-2211 Service of papers upon detention center administrator for inmate
Status: in_force

7-32-2211 . Service of papers upon detention center administrator for inmate. A detention center administrator who is served with a paper in a judicial proceeding that is directed to an inmate in the administrator's custody shall immediately deliver it to the inmate.
Mont. Code Ann. § 7-8-2606 — MT Code / Title 7 / Chapter 8 / Part 26 / Section 7-8-2606
7-8-2606 Bond to insure performance of agreement
Status: in_force

7-8-2606 . Bond to insure performance of agreement. As a guarantee for the faithful performance of the agreement, the purchaser shall be required to furnish a bond, with sufficient securities, to the county in an amount equal to at least 20% of the estimated value of the timber sold.
Mont. Code Ann. § 7-13-2262 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2262
7-13-2262 Vacancies on board of directors -- appointment
Status: in_force

7-13-2262 . Vacancies on board of directors -- appointment. (1) (a) Except as provided in subsections (2) through (4), any vacancy in the board of directors, whether the vacant office is elective or appointive, must be filled by majority vote of the remaining directors.

(b) A vacancy must be determined in accordance with 7-13-2263 .

(2) If there are no directors remaining on the board and no nominees for any director position to be elected, the county commissioners may appoint the number of directors specified in 7-13-2232 (1). If the district lies in more than one county, the county commissioners of each county with territory included in the district shall jointly appoint the directors. The county commissioners shall stagger the terms of the directors appointed.

(3) Following the appointment of a board in accordance with subsection (2), the directors must be elected as provided in this part.

(4) A vacancy of a nonvoting ex officio board member or a board member appointed by a municipality pursuant to 7-13-2232 (4) must be filled by appointment by the respective appointing authority.
Mont. Code Ann. § 7-22-2306 — MT Code / Title 7 / Chapter 22 / Part 23 / Section 7-22-2306
7-22-2306 Financing of insect pest control program
Status: in_force

7-22-2306 . Financing of insect pest control program. (1) The governing body of the county shall annually determine the amount of the warrants drawn on the general fund for the purposes of controlling insect pests under a control program approved by the department of agriculture.

(2) Subject to 15-10-420 , in the succeeding year, the governing body shall levy a tax for the purpose of insect pest extermination sufficient to reimburse the general fund for the money paid out on the warrants. The tax must be levied on all taxable property in the county.

(3) If there is no money in the general fund with which to pay the warrants, they must be registered and bear interest in the same manner as other county warrants. In this case, the interest must be computed and added to the amount for which the tax is levied.
Mont. Code Ann. § 7-2-4211 — MT Code / Title 7 / Chapter 2 / Part 42 / Section 7-2-4211
7-2-4211 Inclusion of roads, rights-of-way, and parks in annexation
Status: in_force

7-2-4211 . Inclusion of roads, rights-of-way, and parks in annexation. (1) In all instances of annexation allowed under parts 42 through 47 of this chapter, the municipality shall include:

(a) as allowed in 7-16-2324 , parks created pursuant to Title 76, chapter 3, unless expressly excluded from annexation by a county, that are wholly surrounded by other property being or already annexed;

(b) the full width of any public streets or roads, including the rights-of-way, that are adjacent to the property being annexed; and

(c) public infrastructure and associated public land and easements, including any infrastructure installed under public streets or roadways that are wholly surrounded by other property being or already annexed or within any public streets or roads, including the rights-of-way, that are within or adjacent to property being annexed unless expressly excluded from annexation by a county.

(2) As used in this section, "public infrastructure" means infrastructure owned, operated, and managed by a county or municipality, including drinking water systems, storm water systems, wastewater treatment facilities, sewer systems, solid waste facilities, fire protection facilities, roads, streets, and bridges.
Mont. Code Ann. § 7-12-4255 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4255
7-12-4255 Contents of notice of hearing -- protest
Status: in_force

7-12-4255 . Contents of notice of hearing -- protest. (1) The notice must state the substance of the petition and the time and place for hearing and that any interested person or any person whose rights may be affected by the issuance or sale of the bonds or the levy of the special assessment, may, on or before the day fixed for the hearing on the petition, answer the petition and may appear at the hearing and contest the granting of the request of the petition and the entry of any order of confirmation pursuant to the petition.

(2) A person eligible to appear may enter an appearance in the proceedings and answer the petition and contest the granting of the request of the petition, and all provisions of the code of civil procedure are applicable to the proceedings.
Mont. Code Ann. § 7-8-2211 — MT Code / Title 7 / Chapter 8 / Part 22 / Section 7-8-2211
7-8-2211 Authorization to sell and exchange county property
Status: in_force

7-8-2211 . Authorization to sell and exchange county property. (1) Boards of county commissioners of this state may, subject to the provisions of this part, sell, trade, or exchange any personal property, however acquired, belonging to the county that is not necessary to the conduct of county business or the preservation of its property.

(2) Whenever a county purchases equipment, as provided in 7-5-2301 and 7-5-2303 through 7-5-2308 , county equipment that is not necessary to the conduct of the county business may be traded in as part of the purchase price after appraisal, as provided in 7-8-2214 , or may be sold at public auction, as provided in 7-8-2212 , in the discretion of the board.

(3) Any sale, trade, or exchange of personal property must be accomplished under the provisions of this title.
Mont. Code Ann. § 7-33-4201 — MT Code / Title 7 / Chapter 33 / Part 42 / Section 7-33-4201
7-33-4201 Establishment of fire department and fire alarm system
Status: in_force

7-33-4201 . Establishment of fire department and fire alarm system. The city or town council has power to establish a fire department and prescribe and regulate its duties and to maintain a fire alarm.
Mont. Code Ann. § 7-3-707 — MT Code / Title 7 / Chapter 3 / Part 7 / Section 7-3-707
7-3-707 Other charter provisions
Status: in_force

7-3-707 . Other charter provisions. (1) The charter may establish other legislative, administrative, and organizational structures.

(2) The charter may contain prohibitions on the exercise of power by a unit of local government.

(3) The charter may include such provisions as may be necessary to permit an orderly transition to the new form of government.

(4) The listing of charter provisions in this part shall not be construed to prevent the inclusion of additional provisions in charters.
Mont. Code Ann. § 7-32-2125 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2125
7-32-2125 Operation of sheriff's vehicle
Status: in_force

7-32-2125 . Operation of sheriff's vehicle. The board of county commissioners may purchase or lease motor vehicles from county funds for the use of the sheriff or any person employed by the sheriff and may also pay for the operation and maintenance of those vehicles from county funds.
Mont. Code Ann. § 7-13-4104 — MT Code / Title 7 / Chapter 13 / Part 41 / Section 7-13-4104
7-13-4104 Inspection and measurement of gas, light, and electric or other power systems
Status: in_force

7-13-4104 . Inspection and measurement of gas, light, and electric or other power systems. The council of any incorporated city or town shall have power by ordinance to provide for and regulate the inspection and the measurement of gas, light, and electric or other power sold within its limits or brought into or carried through any such city or town.
Mont. Code Ann. § 7-13-2512 — MT Code / Title 7 / Chapter 13 / Part 25 / Section 7-13-2512
7-13-2512 Authorization for FM translator
Status: in_force

7-13-2512 . Authorization for FM translator. (1) A television district may construct and operate a broadcast FM translator facility (88 to 108 megahertz) as provided in this section.

(2) (a) A request to provide FM translator services may be initiated by a petition signed by at least 51% of the registered electors who are residents of the television district and presented to the board of county commissioners that initially established the district. The petition, its filing and processing, and the public hearing are governed by 7-11-1003 , 7-11-1007 , and 7-11-1008 .

(b) If the county commissioners approve the petition, the resolution must authorize the board of trustees of the district to provide the requested services and must describe the proposed system, including the type of construction, proposed location, and estimated costs.
Mont. Code Ann. § 7-12-2151 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2151
7-12-2151 Assessment of costs
Status: in_force

7-12-2151 . Assessment of costs. (1) To defray the cost of making or acquiring any of the improvements provided for in this part, including incidental expenses, the board of county commissioners shall assess the entire cost of the improvements against benefited lots, tracts, or parcels of land in the district, based upon the benefits received, and shall adopt one or any combination of the following methods of assessment for each improvement made or acquired for the benefit of the district:

(a) Each lot, tract, or parcel of land assessed in the district may be assessed with that part of the whole cost which its assessable area bears to the assessable area of all the benefited lots, tracts, or parcels in the district, exclusive of streets, avenues, alleys, and public places. For the purposes of this subsection (1)(a), "assessable area" means an area of a lot, tract, or parcel of land representing the benefit conferred upon the lot, tract, or parcel by the improvement. Assessable area may be less than but may not exceed the actual area of the lot, tract, or parcel.

(b) Each lot, tract, or parcel of land assessed in the district may be assessed with that part of the whole cost of the improvement based upon the assessed value of the benefited lots or pieces of land within the district, if the board determines the assessment to be equitable in proportion to and not exceeding the benefits received from the improvement by the lot, tract, or parcel.

(c) Each lot, tract, or parcel of land in the district abutting upon the street where the improvement has been made may be assessed in proportion to its lineal feet abutting the street.

(d) Each lot, tract, or parcel of land in the district may be assessed an equal amount based upon the total cost of the improvement.

(e) Each lot, tract, or parcel of land in the district served by a utility connection may be assessed an equitable lump sum for the connection based on the bid price in the applicable contract.

(2) The board may use one or any combination of methods of assessment in a single special improvement district and, if more than one improvement is undertaken, need not assess each lot, tract, or parcel in the district for the cost of all the improvements. If the method of assessment described in subsection (1)(d) is used, the resolution of intention under 7-12-2103 and notice under 7-12-2105 must provide that if an increase occurs in the number of benefited lots, tracts, or parcels within the boundaries of the district during the term of the bonded indebtedness, the assessment per lot, tract, or parcel then in the district will be recalculated as provided in subsection (4).

(3) The board in its discretion may pay the whole or any part of the cost of any street, avenue, or alley intersection out of any funds that are available to it for that purpose or to include the whole or any part of the costs within the amount of the assessment to be paid by the benefited property in the district.

(4) (a) If the method specified for assessment is that provided in subsection (1)(d) and an increase occurs in the number of benefited lots, tracts, or parcels within the boundaries of a district created as provided in this part during the term of bonded indebtedness that is payable from the assessments, the board shall recalculate the amount assessable to each lot, tract, or parcel. The board shall comply with the provisions of 7-12-2158 through 7-12-2160 in adopting the recalculated amount.

(b) The board shall base the recalculation on the amount of the district's outstanding bonded indebtedness for the current fiscal year and shall spread the assessments across the district based on the number of benefited lots, tracts, or parcels within the boundaries of the district as of July 1 following the action that resulted in the increase in the number of benefited lots, tracts, or parcels.
Mont. Code Ann. § 7-34-2105 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2105
7-34-2105 Petition to be filed with county clerk and recorder -- clerk's certificate
Status: in_force

7-34-2105 . Petition to be filed with county clerk and recorder -- clerk's certificate. The complete petition, addressed to the board of county commissioners of the county in which the proposed district is situated, must be filed with the county clerk and recorder, who shall, within 15 days, carefully examine the petition and the county records showing the qualifications of the petitioners and attach it to a certificate under the clerk and recorder's official signature and the seal of office. The certificate must set forth:

(1) the total number of persons who are registered electors within the proposed hospital district and whose names appear upon the last-completed assessment roll for state and county taxes;

(2) which and how many of the persons whose names are subscribed to the petition are possessed of all of the qualifications required of signers to the petition; and

(3) whether the qualified signers constitute more or less than 30% of the registered electors of the proposed hospital district who are taxpayers upon property in the proposed district and whose names appear on the last-completed assessment roll for state and county taxes.
Mont. Code Ann. § 7-5-2132 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2132
7-5-2132 Destruction of county records
Status: in_force

7-5-2132 . Destruction of county records. Upon the order of the board of county commissioners and with the written approval of the local government records destruction subcommittee provided for in 2-6-1202 , a county officer may destroy records that have met the retention period, as contained in the local government records retention and disposition schedules, and that are no longer needed by the office.
Mont. Code Ann. § 7-6-2226 — MT Code / Title 7 / Chapter 6 / Part 22 / Section 7-6-2226
7-6-2226 Metal mines license tax account
Status: in_force

7-6-2226 . Metal mines license tax account. (1) The governing body of a county receiving tax collections under 15-37-117 (1)(e) may establish a metal mines license tax account to be used to hold the collections. The governing body may hold money in the account for any time period considered appropriate by the governing body. Money held in the account may not be considered as cash balance for the purpose of reducing mill levies.

(2) Money may be expended from the account as provided in 7-6-2225 .

(3) Money in the account must be invested as provided by law. Interest and income from the investment of the metal mines license tax account must be credited to the account.
Mont. Code Ann. § 7-6-1508 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1508
7-6-1508 Establishment of resort area -- taxing authority -- approval by qualified electorate
Status: in_force

7-6-1508 . Establishment of resort area -- taxing authority -- approval by qualified electorate. (1) The establishment of a resort area for the purpose of imposing a resort tax may be initiated by a written petition to the board of county commissioners of the county in which the area is located. The petition must contain a description of the proposed resort area and must be signed by at least 15% of the qualified electors of the proposed resort area.

(2) The petition must include a proposal to impose a resort tax within the proposed resort area, including the rate, duration, effective date, and purpose of the tax as provided in 7-6-1504 .

(3) Upon receiving a petition to establish a resort area, the board of county commissioners shall present the question to the qualified electors of the proposed resort area as provided in 7-6-1504 .
Mont. Code Ann. § 7-1-2105 — MT Code / Title 7 / Chapter 1 / Part 21 / Section 7-1-2105
7-1-2105 Finding -- contract authority
Status: in_force

7-1-2105 . Finding -- contract authority. (1) Pursuant to Article XI, section 6, of the Montana constitution, a local government unit adopting a self-government charter may exercise any power not prohibited by the constitution, law, or charter.

(2) Article XI, section 4, of the Montana constitution provides that a local government unit without self-government powers has powers provided or implied by law and that the powers of incorporated cities and towns and counties must be liberally construed.

(3) Section 7-1-2101 states that a county has the powers specified in this title or in special statutes and has powers that are necessarily implied from those expressed powers.

(4) Section 7-1-2103 states that a county has the power to make contracts that may be necessary to the exercise of its powers.

(5) Section 7-1-2104 states that a county's powers can only be exercised by the board of county commissioners or by agents and officers acting under their authority or authority of law.

(6) Therefore, the legislature finds that it is within a county's contract authority to enter into any contract necessary for the exercise of its power, including but not limited to a contract for reimbursement that may require that the county be reimbursed for the cost of basic course training if an employee leaves employment before completing a reasonable period of service.
Mont. Code Ann. § 7-13-2287 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2287
7-13-2287 Term of payment of assessments
Status: in_force

7-13-2287 . Term of payment of assessments. (1) The payment of the assessment to defray the cost of constructing any improvement may be spread over a term not to exceed 40 years.

(2) The assessments are payable in equal semiannual installments of principal, with interest on the unpaid installments, or, if the board of directors prescribes in the resolution levying the assessments, in equal semiannual installments of principal and interest, each in the amount required to pay the principal over the term of payment, with interest at the rate then borne by the assessment.

(3) Any assessment that is not delinquent may be prepaid, in whole but not in part, at any time after the assessment is levied, by the payment of the assessment, with interest accrued and to accrue on the assessment through the next date on which an installment of the assessment is otherwise payable.
Mont. Code Ann. § 7-13-4518 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4518
7-13-4518 Powers and duties of commissioners
Status: in_force

7-13-4518 . Powers and duties of commissioners. In addition to the other powers and duties of the commissioners authorized by this part, the commissioners may:

(1) adopt local ordinances in accordance with the requirements of 75-5-311 ;

(2) establish fees;

(3) review and approve the annual budget of the local water quality district; and

(4) approve the construction of facilities that cost more than $5,000 but not more than $100,000 a year and that are necessary to accomplish the purposes of this part, including but not limited to facilities for removal of water-borne contaminants; water quality improvement; sanitary sewage collection, disposal, and treatment; and storm water or surface water drainage collection, disposal, and treatment.
Mont. Code Ann. § 7-32-4159 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4159
7-32-4159 Subpoena authority of police commission
Status: in_force

7-32-4159 . Subpoena authority of police commission. The presiding officer or acting presiding officer of the police commission may issue subpoenas, attested in its name, to compel the attendance of witnesses at the hearing, and any person served with a subpoena is bound to attend in obedience to the subpoena. The police commission has the same authority to enforce obedience to the subpoena and to punish the disobedience to the subpoena as is possessed by a judge of the district court in similar cases. However, punishment for disobedience is subject to review by the district court of the proper county.
Mont. Code Ann. § 7-14-4642 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4642
7-14-4642 Election required to issue revenue bonds
Status: in_force

7-14-4642 . Election required to issue revenue bonds. (1) The power to issue revenue bonds as provided in this part is not operative in any city until the legislative body submits to the qualified electors the question as to whether the legislative body, the commission, or both are authorized to adopt the revenue bond method of financing projects provided for in this part.

(2) The election on the question must be conducted in accordance with Title 13, chapter 1, part 4.

(3) The qualifications of electors are the same as those required for voting at municipal elections in the city for elective officers. The provisions relating to the qualifications of electors and manner of submission of the question to the electors for the purposes of this part are controlling, notwithstanding any provision of law to the contrary.
Mont. Code Ann. § 7-2-4325 — MT Code / Title 7 / Chapter 2 / Part 43 / Section 7-2-4325
7-2-4325 Consolidation of proceedings for two or more tracts
Status: in_force

7-2-4325 . Consolidation of proceedings for two or more tracts. Whenever two or more adjacent tracts taken as a whole adjoin a city or town, the tracts may be included in one resolution under this part, although one or more of the tracts taken alone may not be adjacent to the corporate limits as then existing.
Mont. Code Ann. § 7-4-2521 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2521
7-4-2521 Designation of person to receive decedent's warrants or paychecks -- reissuance
Status: in_force

7-4-2521 . Designation of person to receive decedent's warrants or paychecks -- reissuance. Any person employed by a county may file with the appointing power a designation of a person who, notwithstanding any other provision of law, is entitled, on the death of the employee, to receive all warrants or paychecks that would have been payable to the decedent. The employee may change the designation from time to time. A designated person shall claim the warrants or paychecks from the county clerk, and on sufficient proof of identity, the county clerk shall reissue the warrant or paycheck in the name of the designated person and deliver the warrant or paycheck to the designated person.
Mont. Code Ann. § 7-4-3001 — MT Code / Title 7 / Chapter 4 / Part 30 / Section 7-4-3001
7-4-3001 Office of sheriff
Status: in_force

7-4-3001 . Office of sheriff. The duties and functions of the sheriff's office are provided for in Title 7, chapter 32, part 21.
Mont. Code Ann. § 7-2-2805 — MT Code / Title 7 / Chapter 2 / Part 28 / Section 7-2-2805
7-2-2805 Form of ballot
Status: in_force

7-2-2805 . Form of ballot. (1) The ballot containing the question of whether or not to change the boundaries of adjoining counties must include the legal description of the proposed boundary change, together with any descriptive name or names for the property that may be in common use.

(2) The question must be in a form similar to the following:

☐ FOR changing the boundary between ....... (County) and ....... (County) by moving the boundary and the property described from ....... (County) to ....... (County).

☐ AGAINST changing the boundary between ....... (County) and ....... (County) by moving the boundary and the property described from ....... (County) to ....... (County).

(3) The language on the ballot must be the same in each adjoining county in which the election is held.
Mont. Code Ann. § 7-15-4466 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4466
7-15-4466 Special powers and contract provisions when federal government involved
Status: in_force

7-15-4466 . Special powers and contract provisions when federal government involved. (1) In addition to the powers conferred upon the authority by other provisions of this part or part 45, the authority is empowered to:

(a) borrow money and/or accept grants from the federal government for or in aid of the construction of any housing project which such authority is authorized by this part or part 45 to undertake;

(b) take over any land acquired by the federal government for the construction of a housing project;

(c) take over or lease or manage any housing project constructed or owned by the federal government; and

(d) these ends, enter into such contracts, mortgages, trust indentures, leases, or other agreements as the federal government may require, including agreements that the federal government shall have the right to supervise and approve the construction, maintenance, and operation of such housing project.

(2) (a) In any contract with the federal government for annual contributions to an authority, the authority may obligate itself to convey to the federal government possession of or title to the project to which such contract relates upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the authority is subject. This obligation shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other laws.

(b) Such contract may further provide that in case of such conveyance, the federal government may complete, operate, manage, lease, convey, or otherwise deal with the project in accordance with the terms of such contract, provided that the contract requires that, as soon as practicable after the federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the authority the project as then constituted.

(3) A housing authority shall have the power (notwithstanding anything to the contrary contained in this part or part 45 or in any other provision of law) to agree to any conditions attached to federal financial assistance relating to the determination of prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards in the development or administration of projects and to include in any contract let in connection with a project stipulations requiring that the contractor and any subcontractor comply with requirements as to minimum salaries or wages and maximum hours of labor and comply with any conditions which the federal government may have attached to the financial aid of the project.
Mont. Code Ann. § 7-14-4656 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4656
7-14-4656 Contents of indenture
Status: in_force

7-14-4656 . Contents of indenture. (1) An indenture pursuant to which bonds are issued may include such covenants and agreements on the part of the commission as the commission deems necessary or advisable for the better security of the bonds issued thereunder.

(2) An indenture may include any or all the following clauses relating to the bonds issued thereunder:

(a) requiring the commission to pay or cause to be paid punctually the principal of all such bonds and the interest thereon on the date or dates, at the place or places, and in the manner mentioned in such bonds and in the coupons appertaining thereto in accordance with such indenture;

(b) requiring the commission to make all repairs, renewals, and replacements necessary to the operation of the project and to keep it at all times in good repair;

(c) requiring the commission to preserve and protect the security of the bonds and the rights of the holders thereof and to warrant and defend such rights;

(d) requiring the commission to pay and discharge or cause to be paid and discharged from the funds available for that purpose all lawful claims for labor, materials, and supplies or other charges which if unpaid might become a lien or charge upon the revenues or any part thereof of any project acquired, constructed, or completed from the proceeds of the sale of the bonds or from other proceeds or upon any of the physical properties thereof which might impair the security of the bonds;

(e) limiting, restricting, or prohibiting any right, power, or privilege of the commission to mortgage or otherwise encumber, sell, lease, or dispose of any project constructed from the proceeds of the bonds or from other proceeds or to enter into any lease or agreement which impairs or impedes the operation of such project or any part thereof necessary to secure adequate revenues or which otherwise impairs or impedes the rights of the holders of the bonds with respect to such revenues;

(f) requiring the commission to fix, prescribe, and collect fees, tolls, rentals, or other charges in connection with the services and facilities furnished from the project acquired, constructed, or purchased from part or all of the proceeds of the bonds or from other proceeds, sufficient to pay the principal of and interest on the bonds as they become due and payable, together with all expenses of operation, maintenance and repair of the project, and with such additional sums as may be required for any sinking fund, reserve fund, or other special fund provided for the further security of such bonds or as a depreciation charge or other charge in connection with such project;

(g) requiring the commission to hold in trust the revenues pledged to the payment of such bonds and the interest thereon or to any reserve or other fund created for the further protection of the bonds and to apply such revenues or cause them to be applied only as provided in the indenture;

(h) limiting the power of the commission to apply the proceeds of the sale of any issue of bonds for the acquiring, constructing, or completing of any project or any part thereof or more than one of such projects;

(i) limiting the power of the commission to issue additional revenue bonds for the purpose of acquiring, constructing, or completing any improvement or any part thereof;

(j) requiring, specifying, or limiting the kind, amount, and character of insurance to be maintained by the commission on any project or any part thereof and the use and disposition of the proceeds of any such insurance thereafter collected;

(k) providing the events of default and the terms and conditions upon which any or all of the bonds then or thereafter issued may become or be declared due and payable prior to maturity and the terms and conditions upon which such declaration and its consequences may be waived;

(l) designating the rights, limitations, powers, and duties arising upon breach by the commission of any of the covenants, conditions, or obligations contained in any indenture;

(m) prescribing a procedure by which certain specified terms and conditions of the indenture may be subsequently amended or modified with the consent of the commission and the vote or written assent of the holders of a specified principal amount of the bonds issued and outstanding;

(n) providing for such other acts and matters as may be necessary or convenient or desirable in order to secure the bonds or to make the bonds more marketable.
Mont. Code Ann. § 7-14-202 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-202
7-14-202 Definitions
Status: in_force

7-14-202 . Definitions. As used in this part, the following definitions apply:

(1) "Board" means the board of transportation of any district created under this part.

(2) "Commissioners" means the board of county commissioners or other governing body of a county.

(3) "Direct transportation service" means the operation of a vehicle that provides general or special service to the public on a regular and continuing basis within 1 1/2 miles of the property.

(4) "District" means any transportation district created under this part.
Mont. Code Ann. § 7-32-4105 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4105
7-32-4105 Duties of chief of police
Status: in_force

7-32-4105 . Duties of chief of police. (1) The chief of police:

(a) shall execute and return all process issued by the city judge or directed to the chief of police by any legal authority and must be present and shall assist the city court regularly;

(b) shall arrest all persons guilty of a breach of the peace or for the violation of any city or town ordinance and bring them before the city judge for trial;

(c) must have charge and control of all police officers, subject to rules that may be prescribed by ordinance, and report to the council all delinquencies or neglect of duty or official misconduct of police officers for action of the council;

(d) shall perform other duties that the council may prescribe.

(2) The chief of police has the same powers as a constable in the discharge of duties, but the chief of police may not serve a process in a civil action or proceeding except when a city or town is a party.

(3) Quotas for investigative stops, citations, or arrests may not be established and may not be used in evaluating police officers.
Mont. Code Ann. § 7-32-4303 — MT Code / Title 7 / Chapter 32 / Part 43 / Section 7-32-4303
7-32-4303 Control of shoplifting
Status: in_force

7-32-4303 . Control of shoplifting. The city or town council may define shoplifting and punish persons found guilty of shoplifting.
Mont. Code Ann. § 7-13-2232 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2232
7-13-2232 Composition of board of directors
Status: in_force

7-13-2232 . Composition of board of directors. (1) Except as provided in subsection (4), the board of directors must consist of five elected members or three elected members if there are 10 or fewer qualified electors in the district.

(2) If the boundaries of the district include a municipality, the board may include one additional nonvoting ex officio member as provided in 7-13-2230 for each municipality located within the district. Each nonvoting ex officio member must be appointed by the mayor of the municipality for which the nonvoting ex officio member is allowed.

(3) If the boundaries of the district include unincorporated territory, the board may include one additional nonvoting ex officio member as provided in 7-13-2230 appointed by the board of county commissioners of each county containing the unincorporated territory.

(4) (a) If a municipal water system functions as the sole source of water for a district and if more than 60% of a district's customers reside within the limits of the municipality, the board of directors must include one additional member appointed by the municipality.

(b) The member appointed pursuant to this subsection (4):

(i) must have knowledge of the municipal water system;

(ii) must be appointed in the manner provided in 7-13-2259 , except that the appointment must also be approved by the city council;

(iii) serves at the pleasure of the appointing authority; and

(iv) serves the term of office provided in 7-13-2234 .
Mont. Code Ann. § 7-14-2609 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2609
7-14-2609 Effect of failure to give notice
Status: in_force

7-14-2609 . Effect of failure to give notice. The proceedings provided for in 7-14-2608 shall in no way be affected or invalidated by the failure of the board to give any notice or do any act provided for in this part. Failure to give any such notice shall not be considered by any court as a defense in any proceedings for procuring right-of-way.
Mont. Code Ann. § 7-14-4736 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4736
7-14-4736 Participation by municipality
Status: in_force

7-14-4736 . Participation by municipality. If the municipality is willing to participate in the cost of leasing, improving, operating, or maintaining the offstreet parking sites in an improvement district established pursuant to 7-14-4731 , the governing body may by resolution order the participation, and the amount of participation is not subject to the limitations of 7-12-4102 and 7-12-4132 .
Mont. Code Ann. § 7-34-2159 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2159
7-34-2159 Effective date of withdrawal
Status: in_force

7-34-2159 . Effective date of withdrawal. Any withdrawal shall be effective as of January 1 following the issuance of the withdrawal order.
Mont. Code Ann. § 7-1-4149 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4149
7-1-4149 Applicability
Status: in_force

7-1-4149 . Applicability. (1) Except as provided in subsection (2), a provision of 7-1-4121 through 7-1-4127 , 7-1-4129 through 7-1-4143 , and 7-1-4145 through 7-1-4148 applies only in the absence of other laws governing the same subject matter.

(2) The governing body may by ordinance adopt the procedures and provisions contained in 7-1-4121 through 7-1-4127 , 7-1-4129 through 7-1-4143 , and 7-1-4145 through 7-1-4148 and make them applicable to all proceedings before the body.
Mont. Code Ann. § 7-12-4143 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4143
7-12-4143 Decision on award of contract
Status: in_force

7-12-4143 . Decision on award of contract. (1) The city council may award the contract for the work or improvement to the lowest responsible bidder at the prices named in the bid and shall reject all proposals or bids other than the lowest regular proposal or bid of a responsible bidder.

(2) The council may reject any proposals or bids if it considers this for the public good and may also reject the bid of a party who has been delinquent or unfaithful in a former contract with the municipality.
Mont. Code Ann. § 7-14-4625 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4625
7-14-4625 Limitation on employment powers
Status: in_force

7-14-4625 . Limitation on employment powers. The powers of the commission under 7-14-4621 (3) shall be subject to all limitations and rights applicable to similar employment by the city unless the legislative body by resolution shall otherwise determine.
Mont. Code Ann. § 7-8-2201 — MT Code / Title 7 / Chapter 8 / Part 22 / Section 7-8-2201
7-8-2201 Authorization for county to obtain personal property
Status: in_force

7-8-2201 . Authorization for county to obtain personal property. The board of county commissioners may, subject to the provisions of this part, purchase, receive by donation, or lease any personal property necessary for the use of the county.
Mont. Code Ann. § 7-13-2230 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2230
7-13-2230 Nonvoting ex officio members -- requirements -- compensation
Status: in_force

7-13-2230 . Nonvoting ex officio members -- requirements -- compensation. (1) A district whose boundaries include a municipality or unincorporated territory may include on its board of directors a nonvoting ex officio member or members as allowed in 7-13-2232 .

(2) A nonvoting ex officio member:

(a) must be appointed by the mayor of the municipality or by the board of county commissioners of the county the member represents;

(b) serves at the pleasure of the appointing authority for the term of office allowed in 7-13-2234 ;

(c) is not entitled to compensation under 7-13-2273 but may receive compensation from the municipality or county the member represents;

(d) may not hold office as a presiding officer of the district; and

(e) is required to meet the qualifications of a director provided in 7-13-2233 except that the nonvoting ex officio member may reside outside the boundaries of the district and is not required to own property in the district.
Mont. Code Ann. § 7-11-202 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-202
7-11-202 Purpose
Status: in_force

7-11-202 . Purpose. It is the purpose of this part to provide a method whereby the residents of local areas in Montana may propose local solutions to the common problems referred to in 7-11-201 in order that proper growth and development of the state may be assured and the health and welfare of the people therein secured.
Mont. Code Ann. § 7-12-4176 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4176
7-12-4176 Resolution for tax levy upon district property
Status: in_force

7-12-4176 . Resolution for tax levy upon district property. (1) To defray the cost of making or acquiring improvements in any special improvement district or of acquiring property for opening, widening, or extending any street or alley or to defray the cost and expense of changing any grade of any street, avenue, or alley, the city council shall by resolution levy and assess a tax upon all benefited property in any district created for such purpose, using for a basis for assessment the method or methods set forth in 7-12-4161 through 7-12-4165 and described in the resolution of intention.

(2) Such resolutions shall contain a description of each lot and parcel of land, with the name of the owner, if known, the amount of each partial payment to be made, and the day when the same shall become delinquent.

(3) Such resolution, signed by the mayor and clerk, shall be kept on file in the office of the city clerk.
Mont. Code Ann. § 7-8-2601 — MT Code / Title 7 / Chapter 8 / Part 26 / Section 7-8-2601
7-8-2601 Protection of forests
Status: in_force

7-8-2601 . Protection of forests. The board of county commissioners of any county may provide money for the purposes of forest protection, improvement, and management.
Mont. Code Ann. § 7-14-2506 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2506
7-14-2506 County road and bridge capital improvement fund
Status: in_force

7-14-2506 . County road and bridge capital improvement fund. The governing body of a county may establish a road and bridge capital improvement fund in accordance with the provisions of Title 7, chapter 6, part 6.
Mont. Code Ann. § 7-2-4702 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4702
7-2-4702 Findings
Status: in_force

7-2-4702 . Findings. (1) It is declared as a matter of state policy that current annexation laws and planning methods incorporated in the Montana system are in many cases discriminatory and are in many of the Montana cities causing indiscriminate growth patterns and in many cases forcing citizens of municipalities to be annexed without provision for adequate city services extended and provided for them.

(2) Likewise, in many cities city government is annexing and adding to cities not to the benefit of those being annexed, but to the benefit of the city, merely to derive a greater tax base.

(3) Likewise, in many cities there are those lying on the perimeter of the city not within the corporate boundaries of a city that are deriving many benefits from the city without paying their just and equal share for these services.
Mont. Code Ann. § 7-5-101 — MT Code / Title 7 / Chapter 5 / Part 1 / Section 7-5-101
7-5-101 Definition
Status: in_force

7-5-101 . Definition. As used in this part, "chief executive" means the elected executive in a government adopting the commission-manager form, the presiding officer in a government adopting the commission-presiding officer form, the town presiding officer in a government adopting the town meeting form, the commission acting as a body in a government adopting the commission form, or the officer or officers designated in the charter in a government adopting a charter.
Mont. Code Ann. § 7-33-2401 — MT Code / Title 7 / Chapter 33 / Part 24 / Section 7-33-2401
7-33-2401 Fire service area -- establishment -- alteration -- dissolution
Status: in_force

7-33-2401 . Fire service area -- establishment -- alteration -- dissolution. (1) Upon receipt of a petition signed by at least 30 owners of real property in the proposed service area, or by a majority of the owners of real property if there are no more than 30 owners of real property in the proposed service area, the board of county commissioners may establish a fire service area within an unincorporated area not part of a rural fire district in the county to provide the services and equipment set forth in 7-33-2402 .

(2) To establish a fire service area, the board shall:

(a) pass a resolution of intent to form the area, with public notice as provided in 7-1-2121 ;

(b) hold a public hearing no earlier than 30 or later than 90 days after passage of the resolution of intent;

(c) at the public hearing:

(i) accept written protests from property owners of the area of the proposed area; and

(ii) receive general protests and comments relating to the establishment of the fire service area and its boundaries, rates, kinds, types, or levels of service, or any other matter relating to the proposed fire service area; and

(d) pass a resolution creating the fire service area. The area is created effective 60 days after passage of the resolution unless by that date more than 50% of the property owners of the proposed fire service area protest its creation.

(3) Based on testimony received in the public hearing, the board in the resolution creating the fire service area may establish different boundaries, establish a different fee schedule than proposed, change the kinds, types, or levels of service, or change the manner in which the area will provide services to its residents.

(4) (a) The board of county commissioners may alter the boundaries or the kinds, types, or levels of service or dissolve a fire service area, using the procedures provided in subsection (2). The board of county commissioners shall alter the boundaries of a fire service area to exclude any area that is annexed by a city or town, using the procedures provided in subsection (2). Except as provided in 7-33-2120 (2)(b), any existing indebtedness of a fire service area that is dissolved remains the responsibility of the owners of property within the area, and any assets remaining after all indebtedness has been satisfied must be returned to the owners of property within the area.

(b) A fire service area that consolidates with a rural fire district as provided in 7-33-2120 to form a new rural fire district is considered to be dissolved. A new fire service area formed by consolidating a rural fire district and a fire service area is subject to the provisions of this part.
Mont. Code Ann. § 7-2-4710 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4710
7-2-4710 Protest
Status: in_force

7-2-4710 . Protest. (1) For a period of 45 days after the public hearing provided for in 7-2-4707 through 7-2-4709 , the governing body of the municipality shall accept written comments approving or disapproving the proposed annexation from real property owners of the area proposed to be annexed.

(2) If a majority of the real property owners disapprove of the proposed annexation in writing, further proceedings under this part relating to the area or any part of the area proposed to be annexed may not be considered or acted upon by the governing body on its own initiative, without petition, for a period of 1 year from the date of disapproval.
Mont. Code Ann. § 7-13-3027 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3027
7-13-3027 Resolution to establish service charges -- hearing -- limitations and tax levy
Status: in_force

7-13-3027 . Resolution to establish service charges -- hearing -- limitations and tax levy. The governing body may, subject to the provisions of Title 69, chapter 7, by resolution and after public hearing:

(1) establish the rates, charges, and rentals in amounts sufficient in each year to provide income and revenue adequate for the payment of the reasonable expense of operation and maintenance of the system;

(2) establish an additional charge for the operation and maintenance of a system and a plant; and

(3) subject to 15-10-420 , levy and assess a tax upon the taxable valuation of each and every lot or parcel of land and improvements in the district to provide sufficient revenue for the reserve fund in an amount necessary to meet the financial requirements of the fund as described in 7-13-3034 through 7-13-3039 .
Mont. Code Ann. § 7-16-4101 — MT Code / Title 7 / Chapter 16 / Part 41 / Section 7-16-4101
7-16-4101 Municipal authority to establish, alter, and maintain parks
Status: in_force

7-16-4101 . Municipal authority to establish, alter, and maintain parks. The city or town council has power to lay out, establish, open, alter, widen, extend, grade, pave, or otherwise improve parks and to vacate the same.
Mont. Code Ann. § 7-33-2111 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2111
7-33-2111 Fire district capital improvement fund authorized
Status: in_force

7-33-2111 . Fire district capital improvement fund authorized. The trustees of a fire district may establish a capital improvement fund in accordance with the provisions of Title 7, chapter 6, part 6.
Mont. Code Ann. § 7-4-2210 — MT Code / Title 7 / Chapter 4 / Part 22 / Section 7-4-2210
7-4-2210 Restriction on practice of law by certain officers
Status: in_force

7-4-2210 . Restriction on practice of law by certain officers. (1) Sheriffs, clerks, constables, and their deputies are prohibited from practicing law or acting as attorneys or counselors at law or having as a partner a lawyer or one who acts as a lawyer.

(2) A county clerk, clerk of any court, or sheriff may not act as an agent or solicitor in the prosecution of any claim or application for lands, pensions, patent rights, or other proceedings before any department of the state or general government or courts of the United States during the person's continuance in office.
Mont. Code Ann. § 7-32-103 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-103
7-32-103 Structure of department of public safety -- duties -- restrictions on evaluations
Status: in_force

7-32-103 . Structure of department of public safety -- duties -- restrictions on evaluations. (1) The director has the powers and shall perform the duties conferred on and required of sheriffs, police officers, and chiefs of police, except in cases involving the discharge or termination of employment of subordinate employees.

(2) Officers and patrol officers of the city or town police department and deputies of the county sheriff's office are subordinate to the director and have the power and shall perform the duties conferred on and required of police officers and patrol officers in cities and towns and of sheriff's deputies in counties, as required by state law and municipal ordinance.

(3) Quotas for investigative stops, citations, or arrests may not be established and may not be used in evaluating officers.
Mont. Code Ann. § 7-7-4621 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4621
7-7-4621 Resolution for issuance of refunding revenue bonds
Status: in_force

7-7-4621 . Resolution for issuance of refunding revenue bonds. (1) The refunding bonds shall be authorized by resolution of the governing body of the municipality. Such resolution may be adopted at a regular or special meeting and at the same meeting at which they are introduced by a majority of all the members of the governing body then in office. Such resolution shall take effect immediately upon the adoption thereof.

(2) No other proceedings or procedure of any character whatever shall be required for the issuance of refunding bonds by the municipality.
Mont. Code Ann. § 7-14-4611 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4611
7-14-4611 Removal of parking commission member
Status: in_force

7-14-4611 . Removal of parking commission member. A member of a commission may be removed by the mayor with the consent of the legislative body of the city.
Mont. Code Ann. § 7-3-431 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-431
7-3-431 Additional structural suboptions for county and consolidated governments
Status: in_force

7-3-431 . Additional structural suboptions for county and consolidated governments. In county and consolidated local governments, the plan of government submitted to the qualified electors shall further define the structural characteristics of the form by including one item from each of the choices listed in 7-3-432 through 7-3-442 . The officers shall have the powers and duties established by ordinance. After the establishment of any office, the commission may consolidate, as provided by law, two or more of the offices.
Mont. Code Ann. § 7-14-1633 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1633
7-14-1633 Election required to impose mill levy
Status: in_force

7-14-1633 . Election required to impose mill levy. (1) Before the levy provided for in 7-14-1632 may be made, the question must be submitted to a vote of the people at an election held pursuant to 15-10-425 .

(2) Notice of the election, clearly stating the amount and the purpose of the levy, must be given, and the election must be conducted in accordance with Title 13, chapter 1, part 5.
Mont. Code Ann. § 7-14-1001 — MT Code / Title 7 / Chapter 14 / Part 10 / Section 7-14-1001
7-14-1001 Purpose
Status: in_force

7-14-1001 . Purpose. The purpose of a transportation improvement authority is to blend the interests of local, state, and federal governments with the interests of the general public and the business community to build, modify, or improve transportation facilities and systems within its jurisdiction.
Mont. Code Ann. § 7-15-4433 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4433
7-15-4433 Compensation of commissioners
Status: in_force

7-15-4433 . Compensation of commissioners. A commissioner may not receive compensation for services, but is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of authority duties.
Mont. Code Ann. § 7-35-2141 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2141
7-35-2141 Reduction of bond by deposit of money and securities
Status: in_force

7-35-2141 . Reduction of bond by deposit of money and securities. (1) For the purpose of fixing the amount of the bond, the value of the property on hand may be reduced in an amount equal to the value of the money, bonds, and securities that the trustee or trustees of the permanent care and improvement fund deposit with the county treasurer as provided in subsection (2).

(2) The trustee or trustees of the fund may deposit for safekeeping the money, bonds, and securities as they see fit with the county treasurer of the county in which the cemetery or some part of the cemetery is situated. The county treasurer shall receive and safely keep all money, bonds, and securities and pay them out or deliver them upon the order of the trustee or a majority of the trustees, when countersigned by a judge of the judicial district and not otherwise, and shall keep an account with the trustee or trustees of all those transactions. For the safekeeping and payment and delivery of all money, bonds, and securities as provided in this section, the treasurer and the treasurer's sureties are liable upon the treasurer's official bond.
Mont. Code Ann. § 7-2-4202 — MT Code / Title 7 / Chapter 2 / Part 42 / Section 7-2-4202
7-2-4202 Control of additions
Status: in_force

7-2-4202 . Control of additions. The council has control of all such additions.
Mont. Code Ann. § 7-13-4529 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4529
7-13-4529 Administration of funds in joint districts
Status: in_force

7-13-4529 . Administration of funds in joint districts. Fees and other money collected by a joint local water quality district may be administered by one county treasurer upon mutual agreement by the commissioners of the counties participating in a joint local water quality district.
Mont. Code Ann. § 7-3-1222 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1222
7-3-1222 Procedure to enact ordinances and resolutions
Status: repealed

7-3-1222 . Procedure to enact ordinances and resolutions. (1) Ordinances and resolutions must be introduced in the commission only in written or printed form. All ordinances or resolutions, except ordinances making appropriations, must be confined to one subject, which must be clearly expressed in the title, except as provided in 7-3-1226 . Ordinances making appropriations must be confined to the subject of appropriations. An ordinance may not be passed until it has been read on 3 separate days, unless the requirement of reading on 3 separate days has been dispensed with by a vote of not less than two-thirds of the members of the commission. The final reading must be in full unless a written or printed copy of the measure has been furnished to each member of the commission prior to final reading.

(2) The enacting clause of all ordinances passed by the commission must be: "Be it ordained by the city and county of ________", and the enacting clause of all ordinances submitted by the initiative must be: "Be it ordained by the people of the city and county of _______".

(3) An ordinance, resolution, or section of an ordinance or resolution may not be revised or amended unless the new ordinance or resolution contains the entire ordinance, resolution, or section of the ordinance or resolution as revised or amended.

(4) Every ordinance or resolution, upon its final passage, must be recorded in a book kept for that purpose and must be authenticated by the signatures of the president and clerk. Within 10 days after its final passage, each ordinance or resolution must be published at least once in the manner that the commission may provide by ordinance.

(5) Initiated ordinances adopted by the electors must be published and may be amended or repealed by the commission, as in the case of other ordinances.

(6) (a) A consolidated government may adopt, for the portion of the consolidated government that was formerly a city or town, a plan to control, remove, and restrict game animals, as defined in 87-2-101 , within the boundaries that are within the city or town limits for public health and safety purposes. Upon adoption of a plan, the consolidated government shall notify the department of fish, wildlife, and parks of the plan. If the department of fish, wildlife, and parks approves the plan or approves the plan with conditions, the consolidated government may implement the plan as approved or as approved with conditions.

(b) The plan may allow the hunting of game animals and provide restrictions on the feeding of game animals.
Mont. Code Ann. § 7-12-4183 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4183
7-12-4183 Collection of district assessments by city treasurer in cities where county collects taxes
Status: in_force

7-12-4183 . Collection of district assessments by city treasurer in cities where county collects taxes. (1) In any city or town where taxes for general, municipal, and administrative purposes are certified to and collected by the county treasurer in accordance with the provisions of 7-6-4423 , the city or town may provide by ordinance for the collection by its city treasurer or town clerk of all special assessments and taxes levied and assessed in accordance with any of the provisions of part 42 and this part in the same manner and at the same time as taxes for general, municipal, and administrative purposes are collected by the county treasurer. All of the provisions of 7-6-4423 apply to the collection of the special taxes and assessments in the same manner as the provisions apply to the collection of other city or town taxes.

(2) (a) When the payment of any one installment of any special assessment becomes delinquent, all payments of subsequent installments must, at the option of the city or town council and by appropriate resolution duly adopted, become delinquent. The city or town council may order that all assessments that are delinquent as a result of acceleration be withdrawn.

(b) Delinquent special assessments must be certified to the county clerk of the county in which the city or town is situated. The county treasurer shall collect the delinquent special assessments and taxes in the same manner and at the same time that taxes for general, municipal, and administrative purposes are collected. In case the delinquent assessments and taxes are not paid, the whole property must be sold in the same manner that other property is sold for taxes. The enforcement of the lien of any installment of a special assessment by any method authorized by law does not prevent the enforcement of the lien of any subsequent installment when it becomes delinquent.
Mont. Code Ann. § 7-5-2146 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2146
7-5-2146 Membership in associations of county school superintendents -- payment of expenses
Status: in_force

7-5-2146 . Membership in associations of county school superintendents -- payment of expenses. (1) The county superintendents of schools of the counties of Montana may obtain county membership in and cooperate with associations and organizations of county school superintendents of the state and of other states for the benefit of good government and the protection of county interests.

(2) County school superintendents of the counties of the state are entitled to expenses as provided for state officials in 2-18-501 through 2-18-503 for attendance at any general meeting of the Montana association of county school superintendents held within the state, and the proportionate expenses and charges against each county as a member of such an association must be paid by the county.
Mont. Code Ann. § 7-2-2244 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2244
7-2-2244 Role of commission
Status: in_force

7-2-2244 . Role of commission. (1) (a) Said board of commissioners shall, immediately after its organization:

(i) ascertain the costs of the election held hereunder and apportion the same pro rata among each of the counties from which territory was taken to form such new county;

(ii) ascertain the indebtedness of each county from which territory was taken to form the new county as the same existed at the time when the result of the election was declared by the board of county commissioners as hereinbefore provided;

(iii) ascertain the total value of all property at the time belonging to each of said counties from which territory was taken and situated within the limits of said old counties, respectively; and

(iv) ascertain the assessed value of all property in each of the original old counties from which territory was so taken, according to the last-completed assessment made for said county, and also the assessed value, under the same assessment, of all property within the territory of the new county which shall have been taken from the old county or counties from which said new county was formed.

(b) In the determination of the value of county property, all buildings and their furniture, real estate, road tools, machinery, and all steel bridges which may have been constructed and in use for a period less than 10 years shall be taken into consideration by the commissioners.

(2) They shall then find the difference between the amount of the indebtedness of the old county and the value of the property belonging to the old county at the date of the declaration of the result of said election, as hereinbefore provided, and if such indebtedness exceeds the value of such property belonging to the old county, the new county shall pay to the old county a due proportion thereof, to be determined as follows: as said assessed value of the property in the old county is to the assessed value of the property in the territory to be incorporated by this part within the new county from said old county, so is the amount of said excess to the amount to be paid by said new county to said old county.
Mont. Code Ann. § 7-14-209 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-209
7-14-209 Hearing on petition
Status: in_force

7-14-209 . Hearing on petition. (1) At the time fixed for the public hearing required by 7-14-203 (1) or 7-14-207 , the commissioners shall hear all testimony offered in support of and in opposition to any petition for the creation of the district or addition to a district.

(2) The hearing may be adjourned from time to time for the determination of additional information or hearing petitioners or objectors, but adjournment may not exceed 2 weeks after the date originally noticed and published for the hearing.
Mont. Code Ann. § 7-15-4502 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4502
7-15-4502 Powers related to loans
Status: in_force

7-15-4502 . Powers related to loans. An authority shall have power:

(1) to borrow money upon its bonds, notes, debentures, or other evidences of indebtedness and to secure the same by pledges of its revenues and (subject to the limitations hereinafter imposed) by mortgages upon property held or to be held by it or in any other manner;

(2) in connection with any loan, to agree to limitations upon its right to dispose of any housing project or part thereof or to undertake additional housing projects;

(3) in connection with any loan by a government, to agree to limitations upon the exercise of any powers conferred upon the authority by this part and part 44;

(4) to invest any funds held in reserves or sinking funds or any funds not required for immediate disbursement in property or securities in which savings banks may legally invest funds subject to their control.
Mont. Code Ann. § 7-13-121 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-121
7-13-121 Assessment of costs
Status: in_force

7-13-121 . Assessment of costs. To defray the cost of installing and maintaining either sanitary or storm sewer systems under the provisions of this part, the board of county commissioners shall adopt the following method of assessment:

(1) The board shall assess the entire cost of the improvements against the entire metropolitan sanitary district.

(2) Each lot or parcel of land assessed in the district:

(a) may be assessed with that part of the whole cost that its area bears to the area of the entire district, exclusive of streets, avenues, alleys, and public places; or

(b) may be assessed by methods provided in 7-12-2151 .
Mont. Code Ann. § 7-21-3211 — MT Code / Title 7 / Chapter 21 / Part 32 / Section 7-21-3211
7-21-3211 Employment of stock inspector
Status: in_force

7-21-3211 . Employment of stock inspector. (1) A board of county commissioners may employ a stock inspector if:

(a) the board has found, based on information that the board has gathered or that has been provided to it by the county attorney or sheriff, that livestock is being stolen, slaughtered, or otherwise illegally disposed of; and

(b) the county officers are unable to apprehend the individuals suspected of the offense or obtain the necessary evidence on which to base a prosecution.

(2) When a stock inspector is employed, the employment is only for the case or cases then under investigation. During the inspector's employment, the inspector is vested with the same police power and authority as the sheriff, within the limitation of the purposes for which the inspector is employed.
Mont. Code Ann. § 7-11-230 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-230
7-11-230 Procedure for making recommendations
Status: in_force

7-11-230 . Procedure for making recommendations. After public hearing, the commission shall submit proposals contained in its comprehensive program for action as follows:

(1) If the comprehensive plan of the commission includes the creation of or any change, alteration, consolidation, dissolution, or annexation with respect to any unit of local government or special district a procedure for which is provided by law upon petition by the people and an election, the commission shall make public its proposal or proposals to the people in the area or areas affected.

(2) If the comprehensive plan includes the consolidation or transfer of the administrative and financial responsibilities for services between or among municipalities and counties, the commission shall make public its recommendation to the electorate of the local governments for referenda as provided for in 7-11-302 .

(3) If the comprehensive plan includes any change, alteration, interlocal agreement, consolidation, dissolution, or annexation with respect to any unit of local government or special district which can be carried into effect under existing law by action of the governing bodies of the units affected, the commission shall recommend the necessary action to the governing body or bodies of the units of government concerned.

(4) If the comprehensive plan includes the creation of or any change, alteration, consolidation, dissolution, or annexation with respect to any unit of local government or special district which necessitates enabling legislation or amendments to the general laws or constitution of Montana, the commission shall make such recommendation or recommendations to the ensuing legislature.
Mont. Code Ann. § 7-3-4231 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4231
7-3-4231 General provisions related to elections
Status: in_force

7-3-4231 . General provisions related to elections. (1) All electors of cities under this part who, by ordinances governing cities incorporated under the general municipal incorporation law or by charter, would be entitled to vote for the election of officers at any general municipal election in such cities shall be qualified to vote at all elections under this part.

(2) The ballots to be used at such general municipal election shall be in the same general form as for such primary elections so far as applicable; and in all elections in such cities the election precincts, voting places, method of conducting the elections, canvassing of votes, and announcing the results shall be the same as provided by law for the election of officers in such cities so far as the same are applicable and not inconsistent with the provisions of this part.
Mont. Code Ann. § 7-7-4626 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4626
7-7-4626 Details relating to sales of refunding revenue bonds
Status: in_force

7-7-4626 . Details relating to sales of refunding revenue bonds. If the governing body determines to sell any refunding bonds, the refunding bonds may not be sold at less than 97% of the face value and must be sold at public or private sale and in a manner and upon terms that the governing body considers best for the interests of the municipality.
Mont. Code Ann. § 7-14-1004 — MT Code / Title 7 / Chapter 14 / Part 10 / Section 7-14-1004
7-14-1004 Cooperation of county and municipality
Status: in_force

7-14-1004 . Cooperation of county and municipality. For the purpose of cooperating in the planning, construction, or operation of transportation facilities, a county and a municipality for which a transportation improvement authority has been created may:

(1) lend or donate money to the authority;

(2) provide that all or a portion of the taxes or funds available or required by law to be used by the county or municipality for transportation purposes be transferred to the authority as the funds become available;

(3) furnish facilities or improvements that the county or municipality is empowered to provide in connection with the transportation facilities;

(4) dedicate, sell, convey, or lease an interest in property or grant easements, licenses, or other rights and privileges to the authority;

(5) do all things, whether or not specifically authorized in this section and not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with the authority in the planning, construction, or operation of transportation facilities; and

(6) enter into agreements with the authority respecting action to be taken by the county and the municipality pursuant to the provisions of this section.
Mont. Code Ann. § 7-2-4712 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4712
7-2-4712 Contents of ordinance of annexation
Status: in_force

7-2-4712 . Contents of ordinance of annexation. (1) The ordinance shall:

(a) contain specific findings showing that the area to be annexed meets the requirements of 7-2-4734 and 7-2-4735 ;

(b) contain a statement of the intent of the municipality to provide services to the area being annexed as set forth in the report required by 7-2-4731 ; and

(c) fix the effective date of annexation.

(2) The external boundaries of the area to be annexed shall be described by metes and bounds.
Mont. Code Ann. § 7-3-160 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-160
7-3-160 Election of new officials -- subsequent elections of officials
Status: in_force

7-3-160 . Election of new officials -- subsequent elections of officials. (1) Within 20 days after an election at which a new form of government or a change in a plan of government is approved by the electors, the governing body of the local government shall meet and order an election for the purpose of electing the officials required by the new form or plan of government. The first election for officials must be conducted in accordance with Title 13, chapter 1, part 4. A primary election may not be held. The officials elected shall hold office until the next election of officials.

(2) Each subsequent election of officials must involve a primary election and a general election. The primary election must be held on the date established in 13-1-107 . The general election must be held on the date established in 13-1-104 .
Mont. Code Ann. § 7-14-2512 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2512
7-14-2512 City and county road funds
Status: in_force

7-14-2512 . City and county road funds. (1) (a) The county treasurer shall segregate from the county motor vehicle fund and designate as the "city road fund" 50% of the net license fees derived from the registration of motor vehicles whose owners reside within the limits of any incorporated city or town.

(b) At the end of each month, the county treasurer shall pay to the appropriate city treasurer the fees held in the city road fund.

(2) The balance of the county motor vehicle fund remaining after segregation of the city road fund shall be transferred to the county road fund.
Mont. Code Ann. § 7-33-2128 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2128
7-33-2128 Dissolution of fire district
Status: in_force

7-33-2128 . Dissolution of fire district. (1) Subject to subsection (2), a fire district organized under this part may be dissolved by the board of county commissioners upon presentation of a petition for dissolution signed by the owners of 40% or more of the real property in the area and owners of property representing 40% or more of the taxable value of property in the area. The procedure and requirements provided in 7-33-2101 through 7-33-2103 apply to requests for dissolution of fire districts.

(2) A board of county commissioners may not dissolve a fire district that includes territory within the limits of an incorporated second-class or third-class city or town unless the dissolution is approved by the governing body of the city or town.
Mont. Code Ann. § 7-14-2123 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2123
7-14-2123 Acquisition of machinery and materials
Status: in_force

7-14-2123 . Acquisition of machinery and materials. (1) Out of the county road fund, a board of county commissioners may:

(a) purchase and operate grading and other machinery necessary or desirable for the improvement of the county roads;

(b) acquire deposits or quarries of suitable road-building material by purchase, condemnation pursuant to Title 70, chapter 30, or lease.

(2) A board may also acquire road-building material by gift.
Mont. Code Ann. § 7-6-2207 — MT Code / Title 7 / Chapter 6 / Part 22 / Section 7-6-2207
7-6-2207 Deposit of nontax revenue
Status: in_force

7-6-2207 . Deposit of nontax revenue. Except for nontax revenue earmarked for a specific fund, the county treasurer may deposit in the general fund any nontax revenue of $25 or less received by the county.
Mont. Code Ann. § 7-2-2245 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2245
7-2-2245 Commission to certify information to county commissioners
Status: in_force

7-2-2245 . Commission to certify information to county commissioners. Said board of commissioners shall certify forthwith to the board of county commissioners of the new county and the old counties thereby affected the amount constituting the due proportion of said excess payable by such new county to each of them and also the value of any property belonging to each old county at the time when said division took effect, as hereinbefore provided, which is situated in the new county.
Mont. Code Ann. § 7-7-2316 — MT Code / Title 7 / Chapter 7 / Part 23 / Section 7-7-2316
7-7-2316 Advance refunding bonds
Status: in_force

7-7-2316 . Advance refunding bonds. (1) The board of county commissioners may issue refunding bonds pursuant to this section to refund outstanding bonds in advance of the date on which the bonds mature or are subject to redemption, provided that the proceeds of the refunding bonds, less any accrued interest or premium received upon the sale of the refunding bonds, are deposited with other funds appropriated to the payment of the outstanding bonds in escrow with a suitable banking institution in or out of the state.

(2) Except as provided in subsection (3), the funds deposited must be invested in securities that are general obligations of the United States or the principal and interest of which are guaranteed by the United States and that mature or are callable at the option of the holder on those dates and bear interest at those rates and are payable on the dates that are required to provide funds sufficient, with any cash retained in the escrow account, to pay when due the interest to accrue on each bond being refunded to its maturity or redemption date, if called for redemption, to pay the principal of the bond at maturity or upon the redemption date, and to pay any redemption premium.

(3) If the funds initially deposited in escrow are sufficient, without regard to any investment income on those funds, to redeem in full the bonds being refunded as of their redemption date and to pay the principal of and interest and premium on the bonds being refunded at their stated maturities, the funds may be invested in the securities described in subsection (2) or in a money market fund composed exclusively of eligible securities described in 7-6-202 and that otherwise satisfies the requirements of 7-6-202 (4).

(4) The escrow account is irrevocably appropriated to the payment of the principal of and interest and redemption premium on the bonds being refunded. Funds in the sinking fund account for the payment of the bonds being refunded and not required for the payment of principal of or interest on the bonds being refunded due prior to issuance of the refunding bonds may be appropriated by the county to the escrow account. The county may pay the reasonable costs and expenses of printing the refunding bonds and of establishing and maintaining the escrow account. Bonds that are refunded pursuant to this part are not to be considered outstanding for purposes of 7-7-2203 or any other debt limitation.
Mont. Code Ann. § 7-3-4309 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4309
7-3-4309 Effect of vote on question of organization
Status: in_force

7-3-4309 . Effect of vote on question of organization. (1) If the proposition is adopted, the mayor shall transmit to the governor, to the secretary of state, and to the county clerk and recorder each a certificate stating that the proposition was adopted.

(2) If the proposition failed, the proposition may not again be submitted to the electors within a period of 2 years after the date of the last submission.
Mont. Code Ann. § 7-7-4254 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4254
7-7-4254 Procedure for sale of bonds
Status: in_force

7-7-4254 . Procedure for sale of bonds. (1) Any bonds issued under the authority of this part may be sold at public or private sale, as determined by the city or town council or commission pursuant to 17-5-107 . If the city or town council or commission conducts a public sale, it shall meet at the time and place fixed in the notice to consider bids for the bonds.

(2) The bonds may not be sold at less than the minimum bid specified for their sale with accrued interest to date of delivery, and each bidder shall specify the rate of interest and the purchase price at which the bidder will purchase the bonds. The council shall accept the bid that it judges most advantageous to the city or town. The council may reject any bids and sell the bonds at private sale if the council considers it in the best interests of the city or town.

(3) Consultant fees and attorney fees may be paid to any person or corporation for assisting in the proceedings, in the preparation of the bonds, or in negotiating the sale of the bonds.
Mont. Code Ann. § 7-3-4418 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4418
7-3-4418 Power to establish eight-hour day
Status: in_force

7-3-4418 . Power to establish eight-hour day. The commission shall have the power to provide by ordinance that on any public work carried on by the municipality, whether done by contract or otherwise, not to exceed 8 hours shall constitute a day's work.
Mont. Code Ann. § 7-14-1635 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1635
7-14-1635 Contracts for operation and use of facilities
Status: in_force

7-14-1635 . Contracts for operation and use of facilities. (1) In connection with the operation of a railroad or a railroad facility owned or controlled by an authority, the authority may enter into contracts, leases, and other arrangements:

(a) granting the privilege of operating or using the railroad or railroad facility;

(b) leasing a railroad for operation by the lessee. However, a person may not be authorized to operate a railroad other than as a common carrier.

(c) granting the privilege of supplying goods, commodities, services, or facilities along rail lines or in or upon other property; and

(d) making available services to be furnished by the authority or its agents.

(2) In each case, the authority may establish the terms and conditions and fix the charges, rentals, or fees that must be reasonable and uniform for the same class of privilege or service and that must be established with regard to the property and improvements used and the expenses of operation to the authority.

(3) The authority may remit funds available for investment to the state treasurer for investment under the direction of the board of investments as part of the pooled investment fund.
Mont. Code Ann. § 7-5-104 — MT Code / Title 7 / Chapter 5 / Part 1 / Section 7-5-104
7-5-104 Emergency ordinance
Status: in_force

7-5-104 . Emergency ordinance. In the event of an emergency, the governing body may waive the second reading. An ordinance passed in response to an emergency shall recite the facts giving rise to the emergency and requires a two-thirds vote of the whole governing body for passage. An emergency ordinance shall be effective on passage and approval and shall remain effective for no more than 90 days.
Mont. Code Ann. § 7-33-2120 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2120
7-33-2120 Consolidation of fire districts and fire service areas -- mill levy limitations
Status: in_force

7-33-2120 . Consolidation of fire districts and fire service areas -- mill levy limitations. (1) Two or more rural fire districts or rural fire districts and fire service areas established pursuant to 7-33-2401 may consolidate to form a single rural fire district or fire service area upon an affirmative vote of each consolidating rural fire district's or fire service area's governing board.

(2) (a) At the time they vote to consolidate, the governing boards shall also adopt a consolidation plan. The plan must contain:

(i) a timetable for consolidation, including the effective date of consolidation, which must be after the time allowed for protests to the creation of the new rural fire district or fire service area under subsection (4);

(ii) the name of the new rural fire district or fire service area;

(iii) a boundary map of the new rural fire district or fire service area; and

(iv) the estimated financial impact of consolidation on the average taxpayer within the proposed district or area.

(b) The consolidation plan must state if the consolidation is to be made with or without the mutual assumption of the warrant or bonded indebtedness of each district or fire service area. Without agreement among the governing boards on the assumption of warrant or bonded indebtedness, the consolidation may not occur.

(3) (a) Within 14 days of the date that the governing boards vote to consolidate, notice of the consolidation must be:

(i) published as provided in 7-1-2121 or as provided in 7-1-4127 if a district involved in the consolidation or part of the district is in an incorporated second-class or third-class city or town in each county in which any part of a consolidated fire district will be located; and

(ii) mailed as provided in 7-1-2122 or as provided in 7-1-4129 if a district involved in the consolidation or part of the district is in an incorporated second-class or third-class city or town to each registered voter and real property owner residing in a proposed new district.

(b) A public hearing on the consolidation must be held within 14 days of the first publication and mailing of notice. The hearing must be held before the joint governing boards at a time and place set forth in the notice.

(4) Real property owners in each affected rural fire district or fire service area may submit written protests opposing consolidation to the governing board of their district or fire service area. If within 30 days of the first publication of notice the owners of 40% or more of the real property in an existing district or fire service area and owners of property representing 40% or more of the taxable value of property in an existing district or fire service area protest the consolidation, it is void.

(5) After consolidation, the former rural fire districts and fire service areas constitute a single rural fire district or fire service area governed under the provisions of 7-33-2104 through 7-33-2106 or under the provisions of part 24 of this chapter.

(6) (a) Subject to the provisions of subsections (6)(b) and (6)(c), when the consolidation of two or more rural fire districts or rural fire districts and fire service areas pursuant to this section results in the creation of a rural fire district, it must be considered to be a new rural fire district for the purposes of determining mill levy limitations.

(b) The mill levy authority under 15-10-420 for each former rural fire district that is consolidated under this section must be aggregated to establish the base mill levy authority for the new district in the year following consolidation.

(c) If the electors of a former rural fire district have approved mill levy authority for the district in excess of the limit established in 15-10-420 pursuant to an election held under 15-10-425 , the authority applies to the new district under the limitations established by the electors.

(7) For the purposes of this section, "governing board" means the board of trustees of a rural fire district or fire service area or a board of county commissioners that governs a fire service area as provided in 7-33-2403 (1)(a).
Mont. Code Ann. § 7-3-318 — MT Code / Title 7 / Chapter 3 / Part 3 / Section 7-3-318
7-3-318 Terms of elected officials
Status: in_force

7-3-318 . Terms of elected officials. The term of office of elected officials may not exceed 4 years and shall be established when the form is adopted by the voters.
Mont. Code Ann. § 7-2-4106 — MT Code / Title 7 / Chapter 2 / Part 41 / Section 7-2-4106
7-2-4106 Election for officers -- special provisions for first election of officers
Status: in_force

7-2-4106 . Election for officers -- special provisions for first election of officers. (1) When the incorporation of a city or town is completed, the board of county commissioners shall give notice as prescribed in 13-1-108 of an election of officers.

(2) For the first election of officers, a primary election may not be held. The election must be conducted in accordance with Title 13, chapter 1, part 4. For each subsequent election of officers, the election must be conducted in accordance with Title 13 provisions applicable to primary and general elections.

(3) At an election for officers, all of the electors qualified by the general election laws of the state who have resided within the limits of the city or town for 6 months and within the limits of the ward for 30 days preceding the election are qualified electors and may choose officers for the city or town, to hold office as prescribed in 7-2-4107 .

(4) The offices filled in the first election for officers may be occupied only until the next general election for those offices.
Mont. Code Ann. § 7-3-186 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-186
7-3-186 Study commission timetable
Status: in_force

7-3-186 . Study commission timetable. (1) Each local government study commission shall, within 90 days of its organizational meeting, establish a timetable for its deliberations and actions. The timetable must be published in a local newspaper of general circulation. The timetable may be revised, but each revision must be republished.

(2) The timetable must provide, at a minimum, the following provisions, to be accomplished chronologically in the order presented:

(a) conduct one or more public hearings for the purpose of gathering information regarding the current form, functions, and problems of local government;

(b) formulate, reproduce, and distribute a tentative report, containing the same categories of information required to be included in the final report;

(c) conduct one or more public hearings on the tentative report; and

(d) adopt the final report of the commission and set the date for an election on the question of adopting a new plan of government pursuant to 7-3-192 or, if the study commission is not recommending any changes, publish and distribute the final report as provided in 7-3-187 within 60 days after the final report is adopted.
Mont. Code Ann. § 7-21-2403 — MT Code / Title 7 / Chapter 21 / Part 24 / Section 7-21-2403
7-21-2403 Scope of part
Status: in_force

7-21-2403 . Scope of part. (1) Nothing contained in this part is intended to operate so as to impair, abridge, or interfere with the right of any incorporated municipality within this state to enact local laws or ordinances dealing with the subject of this part.

(2) The provisions of this part shall not apply to duly constituted city markets operated by authority of any city or town.

(3) Nothing contained in this part is intended to operate so as to interfere with the power of the United States to regulate commerce between the states, as such power is defined by the supreme court of the United States.
Mont. Code Ann. § 7-12-4258 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4258
7-12-4258 Cost of court proceedings
Status: in_force

7-12-4258 . Cost of court proceedings. The cost of the court proceedings may be apportioned between the parties at the discretion of the court.
Mont. Code Ann. § 7-33-4105 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4105
7-33-4105 Appointment of chief engineer of fire department
Status: in_force

7-33-4105 . Appointment of chief engineer of fire department. (1) The council of any city or town where there is no paid fire department may appoint a chief engineer of the fire department:

(a) to manage and control the fire engines and apparatus furnished by the city or town for the extinguishing and the prevention of fires;

(b) to superintend and direct all fire companies; and

(c) to examine and inspect all buildings, chimneys, flues, and boilers and other things within the city or town and require the same to be put in a safe condition or removed if liable to cause fire.

(2) In case a paid fire department is established in any city or town, the council may by ordinance provide for the maintenance of the same and the employment of the officers and employees thereof.
Mont. Code Ann. § 7-4-4107 — MT Code / Title 7 / Chapter 4 / Part 41 / Section 7-4-4107
7-4-4107 Commencement of term of office
Status: in_force

7-4-4107 . Commencement of term of office. (1) The terms of all officers elected at a municipal election are to commence on the first Monday in January after such election.

(2) Officers appointed by the mayor with the advice and consent of the council enter upon their duties within 10 days after receiving notice of their appointment.
Mont. Code Ann. § 7-4-4303 — MT Code / Title 7 / Chapter 4 / Part 43 / Section 7-4-4303
7-4-4303 Powers of mayor related to municipal officers, personnel, and citizens
Status: in_force

7-4-4303 . Powers of mayor related to municipal officers, personnel, and citizens. The mayor has power to:

(1) nominate and, with the consent of the council, appoint all nonelective officers of the city or town provided for by the council, except as provided in this title;

(2) suspend and, with the consent of the council, remove any nonelective officer, stating in the suspension or removal the cause for the removal;

(3) supervise the discharge of official duty by all subordinate officers;

(4) require of any of the officers of a city or town an exhibit of the officer's books and papers;

(5) request that the governor call out the militia to aid the mayor in suppressing riots or other disorderly conduct, preventing and extinguishing fires, securing the peace and safety of the city or town, or carrying into effect any law or ordinance.
Mont. Code Ann. § 7-14-4735 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4735
7-14-4735 Prohibition on issuance of improvement bonds
Status: in_force

7-14-4735 . Prohibition on issuance of improvement bonds. An improvement district formed under provisions of 7-14-4731 shall not be authorized to issue improvement bonds.
Mont. Code Ann. § 7-14-2132 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2132
7-14-2132 Control of weeds along roads and highways
Status: in_force

7-14-2132 . Control of weeds along roads and highways. (1) The district weed board shall control noxious weeds on the county roads.

(2) If the department of transportation does not control noxious weeds on state and federal highways in any county, the district weed board shall control them. Upon presentation by the board of a verified account of the expenses incurred, the costs of control shall be paid by the department.
Mont. Code Ann. § 7-12-4428 — MT Code / Title 7 / Chapter 12 / Part 44 / Section 7-12-4428
7-12-4428 Assessment of costs of improvements and maintenance of improvements
Status: in_force

7-12-4428 . Assessment of costs of improvements and maintenance of improvements. Cities and towns are authorized to assess the cost of the work, improvements, and maintenance authorized by 7-12-4405 against the property in maintenance districts in the manner and as provided in 7-12-4421 and 7-12-4422 to meet the payments required to be made each year.
Mont. Code Ann. § 7-3-702 — MT Code / Title 7 / Chapter 3 / Part 7 / Section 7-3-702
7-3-702 Nature of government
Status: in_force

7-3-702 . Nature of government. A charter form of government shall possess self-government powers.
Mont. Code Ann. § 7-2-4743 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4743
7-2-4743 Presumption that municipal actions lawful
Status: in_force

7-2-4743 . Presumption that municipal actions lawful. All decisions and findings of the governing body of the municipality shall be presumed to be reasonable and lawful until and unless they are modified or set aside by the governing body or upon review.
Mont. Code Ann. § 7-14-104 — MT Code / Title 7 / Chapter 14 / Part 1 / Section 7-14-104
7-14-104 Costs of discontinuation of trafficway
Status: in_force

7-14-104 . Costs of discontinuation of trafficway. Whenever a governing body discontinues, abandons, or vacates a street, alley, or road under part 26 or part 41, the costs of such process may be assessed against the petitioning property owner. Such costs may include costs of publication, engineering, and site viewing.
Mont. Code Ann. § 7-33-4124 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4124
7-33-4124 Suspension procedure
Status: in_force

7-33-4124 . Suspension procedure. (1) In any case in which a member of the municipal fire department is suspended from duty, the person suspended must be furnished with a copy of the charge, in writing, setting forth the reasons for the suspension. Subject to subsection (2), the suspended member of the fire department may request in writing that the charges be presented to the council or commission for a hearing. The hearing must be held within 30 days of the request. The suspended member may invoke the right of privacy to request a closed hearing. At the hearing, the suspended member of the fire department may appear in person or by counsel and provide a defense against the charges.

(2) If the suspended member of the fire department does not request a hearing by the council or commission within 5 business days of receiving the suspension charge, the suspended member forfeits the option of requesting a hearing by the council or commission.

(3) If the charges are not presented before the council or commission within 30 days of the request for a hearing or if the council or commission determines the charges to be unfounded, the suspended person must be reinstated and is entitled to the person's usual compensation for the time of the suspension.

(4) If the charges are proven by the council or commission, the council or commission, by a vote of a majority of the whole council or commission, may impose a penalty commensurate to its determination of what the offense warrants, including either the continuation of the suspension for a limited time or the removal of the suspended person from the fire department.
Mont. Code Ann. § 7-16-4222 — MT Code / Title 7 / Chapter 16 / Part 42 / Section 7-16-4222
7-16-4222 Rules to implement part
Status: in_force

7-16-4222 . Rules to implement part. (1) In addition to the powers and duties established in the ordinance creating the board of park commissioners and the provisions of 7-16-4223 and 7-16-4225 through 7-16-4228 , the board of park commissioners has the following powers and duties:

(a) to make all rules necessary or convenient to protect and promote the growth of trees and plants in parks, streets, avenues, alleys, boulevards, and public places under the care and control of the board and for the protection of all birds inhabiting, frequenting, or nesting in the parks, streets, avenues, boulevards, and public places;

(b) to make all rules for the use of parks by the public; and

(c) to provide penalties for the violation of the rules.

(2) The rules authorized by this section have the force of city ordinances and may be enforced as ordinances of the city are enforced.
Mont. Code Ann. § 7-2-4608 — MT Code / Title 7 / Chapter 2 / Part 46 / Section 7-2-4608
7-2-4608 Restrictions on annexation power
Status: in_force

7-2-4608 . Restrictions on annexation power. (1) Territory that is part of an incorporated city or town at the time a petition for proposed annexation is presented as provided in 7-2-4601 may not be annexed under the provisions of this part.

(2) Except as provided in subsection (3), a parcel of land that, at the time a petition for proposed annexation is presented to the governing body of a city or town, is used in whole or in part for agricultural, mining, smelting, refining, transportation, or any industrial or manufacturing purpose or for any purpose incident to those uses may not be annexed under the provisions of this part.

(3) The provisions of subsection (2) do not apply if the petition submitted to the governing body of the city or town is signed by 100% of the owners of the land proposed to be annexed and the annexation is in accordance with the city's or town's adopted growth policy.
Mont. Code Ann. § 7-2-2707 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2707
7-2-2707 Action on petitions -- resolution
Status: in_force

7-2-2707 . Action on petitions -- resolution. (1) On the day fixed by the board for consideration and final action on such petition for abandonment, the board shall meet and examine and consider all petitions which may have been filed praying that particular parts or portions of said county, if abandoned, be attached to an adjoining county or counties other than the county named in such petition for abandonment and shall determine the sufficiency of each such petition filed and shall enter its findings with regard thereto in its minutes. Said board shall thereupon adopt a resolution, which shall be in writing and also entered in full in its minutes.

(2) Said resolution must be signed by the members of the board, and the county clerk must, within 5 days thereafter, make the certified copies of said resolution, with copy of petition or petitions attached, and transmit one copy to the governor of Montana and one copy to the county clerk of each county to which any part or portion of said county is to be attached if abandoned.
Mont. Code Ann. § 7-12-2166 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2166
7-12-2166 Certain errors not to invalidate assessments or liens
Status: in_force

7-12-2166 . Certain errors not to invalidate assessments or liens. (1) When, under any of the provisions of this part, special taxes and assessments are assessed against any lot or parcel of land as the property of a particular person, no misnomer of the owner or supposed owner or other mistake relating to the ownership thereof shall affect such assessment or render it void or voidable.

(2) Any mistake in the description of property or the name of the owner shall not vitiate any liens created by this part unless it is impossible to identify the property from the description.
Mont. Code Ann. § 7-7-2501 — MT Code / Title 7 / Chapter 7 / Part 25 / Section 7-7-2501
7-7-2501 Authority to issue revenue bonds -- refunding revenue bonds
Status: in_force

7-7-2501 . Authority to issue revenue bonds -- refunding revenue bonds. (1) A county may issue county revenue bonds in the same manner and with the same effect as provided in chapter 7, part 44, of this title for issuance of municipal revenue bonds. County revenue bonds may be issued to finance any project or activity enumerated in chapter 16, part 21, of this title or in Title 75, chapter 10, part 1. Revenue from the project for which the bonds are issued is the only revenue upon which a lien under the provisions of 7-7-4431 may apply. A lien may not attach to other revenue or other property within the county.

(2) A county may refund revenue bonds issued under the authority provided in subsection (1) by the method provided in either part 45 or part 46 of chapter 7.

(3) In construing, for purposes of this section, the provisions of parts 44, 45, or 46 of chapter 7, "municipal" is considered to refer to the county and "governing body" is considered to refer to the board of county commissioners whenever the board of county commissioners is acting pursuant to subsection (1).

(4) If applicable, the county shall specify whether the bonds are tax credit bonds as provided in 17-5-117 , recovery zone economic development bonds or recovery zone facility bonds as provided in 7-7-140 , or qualified energy conservation bonds as provided in 7-7-141 .
Mont. Code Ann. § 7-13-2204 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2204
7-13-2204 Petition to create water and/or sewer district
Status: in_force

7-13-2204 . Petition to create water and/or sewer district. (1) A petition, which may consist of any number of separate instruments, must be presented at a regular meeting of the board of county commissioners of the county in which the proposed district is located, signed by at least 10% of the qualified electors of the territory included in the proposed district.

(2) When the territory to be included in the proposed district lies in more than one county, a petition must be presented to the board of county commissioners of each county in which the territory lies. Each of the petitions must be signed by at least 10% of the qualified electors of the proposed district.

(3) A petition to create a water and/or sewer district must set forth and describe the proposed boundaries of the district and require that the district be incorporated under the provisions of part 23 and this part.
Mont. Code Ann. § 7-12-4175 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4175
7-12-4175 Offstreet parking option -- ordinance setting forth method of assessment required -- hearing
Status: in_force

7-12-4175 . Offstreet parking option -- ordinance setting forth method of assessment required -- hearing. (1) Before any improvement district for the establishment or improvement of offstreet parking can be created or financed under 7-12-4165 , the city council or commission must, prior to the creation of the district, pass a city ordinance setting forth the formula to be used in determining the assessment of each lot or parcel within the district. The formula must include but is not limited to the items to be considered in 7-12-4165 .

(2) Prior to the adoption of any such ordinance, the council or commission shall make a determination of the formula for the method of assessment, considering all of the factors above set forth. A public hearing, after due notice, shall be held wherein concerned persons may present their objections to the formula or any part of it and point out errors and inequities and submit reasons for amendments and corrections. The council may continue the hearing from time to time.

(3) After the council has heard all objections and suggestions, it shall correct any errors which it finds in the formula for assessment as originally made and shall finally establish and settle the formula for assessment in the same manner as any other city ordinance.
Mont. Code Ann. § 7-14-4303 — MT Code / Title 7 / Chapter 14 / Part 43 / Section 7-14-4303
7-14-4303 Authorization for and regulation of street railroads
Status: in_force

7-14-4303 . Authorization for and regulation of street railroads. The city or town council has power to license and authorize the construction and operation of street railroads and to require them to conform to the grade of the street as the same is or may be established.
Mont. Code Ann. § 7-31-108 — MT Code / Title 7 / Chapter 31 / Part 1 / Section 7-31-108
7-31-108 Notice of election
Status: in_force

7-31-108 . Notice of election. (1) The board of county commissioners of the county in which such election is to be held or the council of the incorporated city or town, as the case may be, shall give notice of such election, stating:

(a) the objects thereof;

(b) the time and place of holding the same;

(c) such conditions of the contract as in their judgment are proper and necessary to enable the electors to vote intelligently upon the proposition submitted to them;

(d) the amount of bonds proposed to be issued, when payable, and the interest they are to bear; and

(e) a description of the tickets or ballots to be used.

(2) The notice shall be given at least three times a week for at least 6 consecutive weeks next preceding such election in some newspaper printed and published and circulated in the county, city, or town, as the case may be, in which such election shall be held and if no newspaper be printed, published, and circulated therein, then in some newspaper printed and published in some county nearest thereto.
Mont. Code Ann. § 7-4-2514 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2514
7-4-2514 Filing required to receive salary
Status: in_force

7-4-2514 . Filing required to receive salary. The board of county commissioners may not order the payment of the salary of any officer until the officer has filed the duplicate receipt with the county clerk, properly signed by the treasurer, showing that the officer has made the statement and settlement for that month as required in this part.
Mont. Code Ann. § 7-12-4307 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4307
7-12-4307 Objections to irregular proceedings or manner of making improvements
Status: in_force

7-12-4307 . Objections to irregular proceedings or manner of making improvements. (1) At any time within 60 days from the date the city or town council passes the resolution creating the special improvement lighting district, an owner or other person having an interest in a lot or land liable to assessment who claims that any of the previous acts or proceedings relating to the improvements are irregular, defective, erroneous, or faulty or that the person's property will be damaged by the making of any improvements in the manner contemplated may file with the city clerk a written notice specifying in what respect the acts or proceedings are irregular, defective, erroneous, or faulty or in what manner and to what extent the person's property will be damaged by the making of the improvements. The city clerk shall deliver the notice to the council.

(2) All objections to an act or proceeding or in relation to the making of the improvements not made in writing and in the manner and at the time provided in subsection (1) and all claims for damage are waived by the property owners if the notice of the passage of the resolution of intention has been actually published and the notices of improvements have been posted as provided in this part.
Mont. Code Ann. § 7-7-123 — MT Code / Title 7 / Chapter 7 / Part 1 / Section 7-7-123
7-7-123 Investment of sinking funds of local governments
Status: in_force

7-7-123 . Investment of sinking funds of local governments. (1) (a) Except as provided in 7-7-124 and whenever outstanding bonds cannot be purchased pursuant to 7-7-2270 or 7-7-4270 , the board of county commissioners of a county and the council or commission of a city or town shall invest so much of the bond sinking funds of the county, city, or town as are not needed for the payment of bonds or interest coupons in general obligation bonds or securities of the United States; state bonds or securities; time or savings deposits; county, city, or school district bonds; county or city warrants; or other bonds or securities that are supported by general taxation, except irrigation district bonds and special improvement district or maintenance district bonds or warrants.

(b) All those bonds, securities, or time or savings deposits must be due and payable at least 60 days before the obligations for the payment of which the sinking fund was established are due and payable.

(2) The bonds, securities, and any time or savings deposits in which any sinking funds are invested must be kept in the custody of the county or city treasurer or town clerk and held for the benefit of the county, city, or town. The treasurer shall properly protect the bonds, securities, and any time or savings deposits by insurance, the use of safety deposit boxes, or other means, the expense of which is a proper charge against the county, city, or town.

(3) All money derived from interest on sinking fund investments as authorized by this section must be credited by the treasurer of the county or city or the town clerk to the sinking fund for which the investment was made.
Mont. Code Ann. § 7-4-3004 — MT Code / Title 7 / Chapter 4 / Part 30 / Section 7-4-3004
7-4-3004 Office of public administrator
Status: in_force

7-4-3004 . Office of public administrator. The powers and duties of the public administrator are defined by Title 72, chapter 15, and 72-5-415 (2).
Mont. Code Ann. § 7-1-4145 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4145
7-1-4145 State reports
Status: in_force

7-1-4145 . State reports. (1) Municipal governing bodies, chief executives, officers, employees, departments, boards, and authorities shall file with state agencies in a timely fashion all reports and information required by state law.

(2) The department of administration shall coordinate to the greatest extent possible the collection of data by state and federal agencies in order to minimize the requests of municipalities and to maximize access to information collected on municipalities.

(3) Prior to requesting reports from a municipality, all state agencies shall notify the department of administration of the intended request.
Mont. Code Ann. § 7-12-2173 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2173
7-12-2173 Disposition of bond or warrant proceeds
Status: in_force

7-12-2173 . Disposition of bond or warrant proceeds. (1) The board of county commissioners shall use the proceeds of such sale in making payment for the cost of the improvements. Payments to contractors may be made either from time to time, on estimates made by the engineer in charge of such improvements for the county, or upon the entire completion of the improvements and the acceptance thereof by the board.

(2) All interest earned on the investment of bond or warrant proceeds during the construction of improvements must be credited to the construction account of the improvement district fund from which the proceeds were withdrawn.

(3) Any proceeds of the bonds or warrants, including investment income thereon, remaining after payment of all costs of the improvements must be transferred to the sinking fund in the improvement district fund and applied, to the extent possible, to the prepayment and redemption of bonds or warrants on the next succeeding redemption date for which notice of redemption may properly be given.
Mont. Code Ann. § 7-8-2103 — MT Code / Title 7 / Chapter 8 / Part 21 / Section 7-8-2103
7-8-2103 Authorization to create county building commission
Status: in_force

7-8-2103 . Authorization to create county building commission. The board of county commissioners may create a building commission subject to the provisions of 7-1-201 through 7-1-203 .
Mont. Code Ann. § 7-3-1301 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1301
7-3-1301 Department of finance
Status: in_force

7-3-1301 . Department of finance. (1) The director of finance has charge of the administration of the financial affairs of the municipality, including the keeping and supervision of all accounts; the custody and disbursement of municipal funds and money; the making of special assessments; the issuance of licenses; the collection of license fees; the control over expenditures; the purchase, storage, and distribution of supplies needed by the municipality; and other duties as the commission may by ordinance require.

(2) The director of finance has all powers and shall perform all duties imposed upon county clerk and recorders and auditors by general law.

(3) All of the provisions of the general laws of the state with respect to budgets for cities and counties apply to the municipality.
Mont. Code Ann. § 7-12-4170 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4170
7-12-4170 Payment of damages incurred as result of improvements
Status: in_force

7-12-4170 . Payment of damages incurred as result of improvements. Whenever the owner or anyone interested in property situated within the special improvement district, after filing with the clerk a written notice claiming that the person's property has been damaged, is awarded or recovers any amount because of damages sustained by the property because of the construction of an improvement in the special improvement district and if the resolution levying the assessment to defray the cost of making the improvement in the district is not passed and adopted by the city council, the amount to be recovered must be added to and constitute a part of the cost of making the improvement. However, if the resolution levying the assessment to defray the costs and expenses of making the improvement has been passed and adopted by the council, it shall pass and adopt a supplemental resolution levying additional assessments against all the property in the district for the purpose of paying the amount awarded, and the supplemental resolution must be made in the same manner and prepared and certified the same as the original resolution levying the assessment to defray the cost of making the improvement.
Mont. Code Ann. § 7-15-4290 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4290
7-15-4290 Use of property taxes and other revenue for payment of bonds
Status: in_force

7-15-4290 . Use of property taxes and other revenue for payment of bonds. (1) (a) The tax increment derived from an urban renewal area may be pledged for the payment of revenue bonds issued for urban renewal projects or of general obligation bonds, revenue bonds, or special assessment bonds issued to pay urban renewal costs described in 7-15-4288 and 7-15-4289 .

(b) The tax increment derived from a targeted economic development district may be pledged for the payment of revenue bonds issued for targeted economic development district projects or of general obligation bonds, revenue bonds, or special assessment bonds issued to pay targeted economic development district costs described in 7-15-4288 and 7-15-4289 .

(2) A local government issuing bonds pursuant to subsection (1) may, by resolution of its governing body, enter into a covenant for the security of the bondholders, detailing the calculation and adjustment of the tax increment and the taxable value on which it is based and, after a public hearing, pledging or appropriating other revenue of the local government, except property taxes prohibited by subsection (3), to the payment of the bonds if collections of the tax increment are insufficient.

(3) Property taxes, except the tax increment derived from property within the area or district and tax collections used to pay for services provided to the local government by a project, may not be applied to the payment of bonds issued pursuant to 7-15-4301 for which a tax increment has been pledged.

(4) If applicable, the local government shall specify whether the bonds are tax credit bonds as provided in 17-5-117 , recovery zone economic development bonds or recovery zone facility bonds as provided in 7-7-140 , or qualified energy conservation bonds as provided in 7-7-141 .
Mont. Code Ann. § 7-6-609 — MT Code / Title 7 / Chapter 6 / Part 6 / Section 7-6-609
7-6-609 Declaration of policy
Status: in_force

7-6-609 . Declaration of policy. (1) It is the policy of the state of Montana that all governmental accounting systems be established and maintained in accordance with:

(a) generally accepted accounting principles that are nationally recognized as set forth by the governmental accounting standards board or its generally recognized successor; or

(b) a small government financial reporting framework that is defined by the department and derived from the generally accepted accounting principles referenced in subsection (1)(a).

(2) The codifications, pronouncements, and interpretations of the governmental accounting standards board or its generally recognized successor must be recognized as the primary authoritative reference for governmental accounting.
Mont. Code Ann. § 7-14-2802 — MT Code / Title 7 / Chapter 14 / Part 28 / Section 7-14-2802
7-14-2802 Construction and operation of ferries uniting two counties
Status: in_force

7-14-2802 . Construction and operation of ferries uniting two counties. (1) When a public ferry, if constructed, would unite two counties, the boards of county commissioners may act jointly to construct, maintain, and operate it. Each county shall acquire and maintain its own landings and approaches.

(2) When individuals are employed on joint ferries, they shall report quarterly to each board, giving the information that each board may require.
Mont. Code Ann. § 7-16-2314 — MT Code / Title 7 / Chapter 16 / Part 23 / Section 7-16-2314
7-16-2314 Control of conflict of interest and nepotism
Status: in_force

7-16-2314 . Control of conflict of interest and nepotism. (1) No park commissioner, directly or indirectly, shall be interested in or benefit by any contract made by the board or by its authority or in the furnishing of any supplies for the use of the board.

(2) The laws of nepotism shall apply to employment under this part.
Mont. Code Ann. § 7-13-4205 — MT Code / Title 7 / Chapter 13 / Part 42 / Section 7-13-4205
7-13-4205 Determination of rental charge
Status: in_force

7-13-4205 . Determination of rental charge. (1) The total revenue to be collected from all of the above sources in a given year shall be provided for by the council in such a manner as to provide funds for the payment of all bond issues and interest thereon, as well as for all necessary expenses of the operation, maintenance, and repair of any such sewer system.

(2) For the purpose of making such rental charges equitable, property benefited thereby may be classified, taking into consideration the volume and character of sewage or waste and the nature of the use made of such sewage facilities.
Mont. Code Ann. § 7-14-4102 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4102
7-14-4102 Regulation of trafficways and public grounds
Status: in_force

7-14-4102 . Regulation of trafficways and public grounds. The city or town council may:

(1) except as provided in 7-14-4116 , regulate and prevent the use or obstruction of streets, sidewalks, and public grounds by signs, poles, wires, posting handbills or advertisements, or any obstruction;

(2) regulate and prohibit traffic and sales upon the streets, sidewalks, and public grounds;

(3) regulate or prohibit the fast driving of horses, animals, or vehicles within the city or town;

(4) provide for and regulate street crossings, curbs, and gutters;

(5) prevent horseracing or immoderate driving or riding in the streets of the city or town and regulate and provide for the hitching of all animals on the streets;

(6) regulate or prohibit coasting, skating, sliding, skateboarding, rollerblading, or tobogganing on the streets or alleys or other amusements dangerous or annoying to the inhabitants or having a tendency to frighten animals.
Mont. Code Ann. § 7-6-201 — MT Code / Title 7 / Chapter 6 / Part 2 / Section 7-6-201
7-6-201 Deposit of public funds in financial institutions
Status: in_force

7-6-201 . Deposit of public funds in financial institutions. (1) Except as provided in 7-6-202 , 7-6-206 , or 7-6-2701 , it is the duty of all county and city treasurers and town clerks to deposit all public money in their possession and under their control only in solvent banks, building and loan associations, savings and loan associations, or credit unions, subject to national supervision or state examination as the local governing body may designate.

(2) The local governing body may deposit public money not necessary for immediate use by the county, city, or town in a savings or time deposit with any bank, building and loan association, savings and loan association, or credit union authorized in subsection (1) or in a repurchase agreement as authorized in 7-6-213 .

(3) The treasurer or town clerk shall take from the bank, building and loan association, savings and loan association, or credit union security that the local governing body may prescribe, approve, and consider fully sufficient and necessary to ensure the safety and prompt payment of all deposits, together with the interest on any time or savings deposits.

(4) All deposits must be subject to withdrawal by the treasurer or town clerk in amounts that may be necessary from time to time. A deposit of funds may not be made or permitted to remain in any bank, building and loan association, savings and loan association, or credit union until the security for the deposit has been first approved by the local governing body and delivered to the treasurer or town clerk.
Mont. Code Ann. § 7-12-4223 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4223
7-12-4223 Loans from revolving fund to meet payments on bonds and warrants
Status: in_force

7-12-4223 . Loans from revolving fund to meet payments on bonds and warrants. During the period described in 7-12-4225 (2), when any special improvement district bond or sidewalk, curb, and alley approach warrants that are secured by the revolving fund or any interest on the bond or warrants becomes due and payable and there is either no money or insufficient money in the appropriate district fund after a transfer from the appropriate district reserve account, if established, with which to pay the bond, warrant, or interest, an amount sufficient to make up the deficiency must be loaned by the revolving fund to the district fund. The bond, warrant, or interest must be paid from the money loaned or from the money loaned and money available in the district fund. The loan must be made even if, in the case of bonds or warrants bearing interest at a variable rate, the interest rate on the special assessments at the time the loan is made is less than or later becomes less than the interest rate on the bonds or warrants.
Mont. Code Ann. § 7-15-4307 — MT Code / Title 7 / Chapter 15 / Part 43 / Section 7-15-4307
7-15-4307 Tax exemption for bonds
Status: in_force

7-15-4307 . Tax exemption for bonds. Bonds issued under the provisions of this part and part 42 are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes.
Mont. Code Ann. § 7-3-4441 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4441
7-3-4441 Department of public service
Status: in_force

7-3-4441 . Department of public service. Subject to the control and supervision of the city manager in all matters, the director of public service shall:

(1) manage and have charge of:

(a) the construction, improvement, repair, and maintenance of streets, sidewalks, alleys, lanes, bridges, viaducts, and other public highways;

(b) sewers, drains, ditches, culverts, canals, streams, and watercourses; and

(c) boulevards, squares, and other public places and grounds belonging to the municipality or dedicated to public use, except parks and playgrounds;

(2) manage market houses, sewage disposal plants and farms, and all public utilities of the municipality; and

(3) have charge of:

(a) the enforcement of all obligations of privately owned or operated public utilities enforceable by the municipality;

(b) the making and preservation of all surveys, maps, plans, drawings, and estimates for public work;

(c) the cleaning, sprinkling, and lighting of streets and public places;

(d) the collection and disposal of waste; and

(e) the preservation of contracts, papers, plans, tools, and appliances belonging to the municipality and pertaining to the department.
Mont. Code Ann. § 7-2-2708 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2708
7-2-2708 Form of resolution
Status: in_force

7-2-2708 . Form of resolution. The resolution authorized by 7-2-2707 shall be in substantially the following form:

Whereas, there has been filed with the election administrator of (name) county, Montana, a petition asking that the organization and corporate existence of the county be abandoned and abolished and its territory attached to and made a part of an adjoining county, the county of (name), Montana; and

Whereas, the petition has been presented to the board of county commissioners of (name) County, with a certificate of the election administrator of the county attached thereto showing that the petition has been signed by not less than 35% of the registered electors of the county; and

(If a petition for attaching any part or portion of the county, in case of abandonment, to an adjoining county or counties other than the county named in the petition for abandonment and found to have been signed by the required number of registered electors, insert the following for each petition:)

Whereas, there has been filed a petition signed by not less than 50% of the registered electors residing within that part or portion of the county described as (give description as contained in petition), praying that the part or portion of the county within the boundaries be attached to and made a part of the county of (name of county given in petition) if the county is abandoned.

Now, therefore, be it resolved that if (name) County shall be abandoned and abolished, the territory embraced within its boundaries shall be attached to and become part of the following: (if all to be attached to one adjoining county so state, but if parts or portions to any other county or counties, then describe the part or portion to go to each adjoining county as well as to the county named in the petition for abandonment).

Be it further resolved that the county clerk of (name) County, Montana, make copies of this resolution, each with a copy of said petition for abandonment with the signatures omitted therefrom (and copies of petitions for attaching parts or portions of said county to adjoining county or counties other than the county named in the petition for abandonment, if any were filed and found sufficient, with signatures omitted), and certify to the same and affix the seal of the county thereto and transmit one of the copies to the governor of Montana and one of the copies to the clerk of each county to which any part of the county is to be attached if abandoned.
Mont. Code Ann. § 7-15-4208 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4208
7-15-4208 Encouragement of private enterprise
Status: in_force

7-15-4208 . Encouragement of private enterprise. A municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this part and part 43, shall afford maximum opportunity, consistent with the sound needs of the municipality as a whole, to the rehabilitation or redevelopment of the urban renewal area by private enterprise. A municipality shall give consideration to this objective in exercising its powers under this part and part 43, including the formulation of a workable program; the approval of urban renewal plans (consistent with the comprehensive plan or parts thereof for the municipality); the exercise of its zoning powers; the enforcement of other laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements; the disposition of any property acquired; and the provision of necessary public improvements.
Mont. Code Ann. § 7-2-4742 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4742
7-2-4742 Court review and decision when area annexed
Status: in_force

7-2-4742 . Court review and decision when area annexed. (1) The review authorized under 7-2-4741 shall be conducted by the court without a jury. The court may hear oral arguments and receive written briefs and may take evidence intended to show that either:

(a) the statutory procedure was not followed; or

(b) the provisions of 7-2-4731 through 7-2-4735 were not met.

(2) The court may affirm the action of the governing body without change, or it may:

(a) remand the ordinance to the municipal governing body for further proceedings if procedural irregularities are found to have materially prejudiced the substantive rights of any of the petitioners;

(b) remand the ordinance to the municipal governing body for amendment of the boundaries to conform to the provisions of 7-2-4734 and 7-2-4735 , but the court cannot remand the ordinance to the municipal governing body with directions to add an area to the municipality which was not included in the notice of public hearing and not provided for in plans for service; or

(c) remand the report to the municipal governing body for amendment of the plans for providing services to the end that the provisions of 7-2-4731 through 7-2-4733 are satisfied.

(3) If any municipality fails to take action in accordance with the court's instructions upon remand within 3 months from receipt of such instructions, the court may in its discretion extend the time for compliance.
Mont. Code Ann. § 7-1-4203 — MT Code / Title 7 / Chapter 1 / Part 42 / Section 7-1-4203
7-1-4203 Prohibitions -- application
Status: in_force

7-1-4203 . Prohibitions -- application. (1) A political subdivision may not enact, administer, or otherwise require an employer to provide an employee or class of employees with a wage or employment benefit that is not required by state or federal law.

(2) This part does not apply to a political subdivision affecting a wage or employment benefit for an employee or class of employees of that political subdivision.
Mont. Code Ann. § 7-13-2206 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2206
7-13-2206 Hearing on petition -- protest
Status: in_force

7-13-2206 . Hearing on petition -- protest. (1) At the time for the hearing, the board of county commissioners shall hear the petition and those appearing thereon, together with such written protests as shall have been filed with the county clerk and recorder prior to such hearing by or on behalf of owners of taxable property situated within the boundaries of the proposed district within the county. The board of county commissioners may adjourn such hearing from time to time, not exceeding 4 weeks in all.

(2) Upon such hearing of said petition, the board of county commissioners shall determine whether or not said petition complies with the requirements of the provisions of this part and part 23 and for that purpose must hear all competent and relevant testimony offered in support of or in opposition thereto. Such determination shall be entered upon the minutes of said board of county commissioners.
Mont. Code Ann. § 7-1-2103 — MT Code / Title 7 / Chapter 1 / Part 21 / Section 7-1-2103
7-1-2103 County powers
Status: in_force

7-1-2103 . County powers. A county has power to:

(1) except as provided in 7-5-103 (2)(d)(iv) and 7-5-121 (2)(c)(iv), sue and be sued;

(2) purchase and hold lands within its limits;

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

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

(5) 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.
Mont. Code Ann. § 7-10-110 — MT Code / Title 7 / Chapter 10 / Part 1 / Section 7-10-110
7-10-110 Governing body of regional resource authority -- initial appointment -- subsequent election
Status: in_force

7-10-110 . Governing body of regional resource authority -- initial appointment -- subsequent election. (1) The initial members of the local governing body must be appointed by the county commissioners in the county pursuant to 7-10-104 , based on the recommendations of the petitioners.

(2) The commissioners shall appoint members of the governing body to staggered 2-year and 4-year terms.

(3) The appointments under subsection (1) must be made within 30 days after the adoption of the resolution for creation provided for in 7-10-105 .

(4) Prior to the expiration of the initial appointments, the governing body shall divide itself into districts from which subsequent board members are elected to succeeding terms.

(5) The election of board members must be conducted in accordance with Title 13, chapter 1, part 5.
Mont. Code Ann. § 7-34-2106 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2106
7-34-2106 Presentation of petition to board of county commissioners -- hearing required
Status: in_force

7-34-2106 . Presentation of petition to board of county commissioners -- hearing required. (1) The county clerk and recorder shall present the petition and the clerk's certificate to the board of county commissioners at its first meeting held after the clerk has attached the certificate.

(2) The board shall carefully examine the petition, and if it is found that the petition is in proper form and bears the requisite number of signatures of qualified petitioners, the board shall by resolution call a hearing on the creation of the hospital district.
Mont. Code Ann. § 7-33-2110 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2110
7-33-2110 Volunteer fire districts or companies -- fire departments -- not affected by city-county consolidation
Status: in_force

7-33-2110 . 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. § 7-21-4210 — MT Code / Title 7 / Chapter 21 / Part 42 / Section 7-21-4210
7-21-4210 Regulation of dance houses
Status: in_force

7-21-4210 . Regulation of dance houses. The city or town council has power to regulate or prohibit dance houses within the city or town limits and within 3 miles thereof.
Mont. Code Ann. § 7-3-224 — MT Code / Title 7 / Chapter 3 / Part 2 / Section 7-3-224
7-3-224 Terms of elected officials
Status: in_force

7-3-224 . Terms of elected officials. The term of office of elected officials may not exceed 4 years and shall be established when the form is adopted by the voters.
Mont. Code Ann. § 7-32-2109 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2109
7-32-2109 Right to hearing on termination of deputy sheriff's employment
Status: in_force

7-32-2109 . Right to hearing on termination of deputy sheriff's employment. (1) A deputy sheriff whose employment is terminated has a right of appeal:

(a) to the district court of the county where the deputy was employed; or

(b) pursuant to the terms of a grievance procedure contained in a collective bargaining agreement if the deputy sheriff is covered by a collective bargaining agreement.

(2) The appeal to the district court must be made within 30 days from the date of the termination of employment.
Mont. Code Ann. § 7-2-2252 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2252
7-2-2252 Assessment and collection of taxes for new county
Status: in_force

7-2-2252 . Assessment and collection of taxes for new county. (1) After the creation of a new county, its officers shall complete all proceedings necessary for the assessment or collection of the state and county taxes for the then-current year.

(2) (a) All acts and steps taken by the officers of the old county or counties prior to the creation of the new county are considered as having been performed by the officers of the new county for the benefit of the new county. Upon the creation of the new county, it shall be the duty of the officers of the old county or counties to immediately execute and deliver to the board of county commissioners of the new county copies of all assessments or other proceedings relative to the assessment and collection of the current state and county taxes on property in the new county. Such copies shall be filed with the respective officers of the new county who would have the custody of the same if the proceedings had been originally had in the new county. Such certified copies are considered as originals in the new county, and all proceedings therein recited are considered as original proceedings in the new county and shall have the same effect as if the proceedings therein stated had been had at the proper time and in the proper manner by the respective officials of the new county.

(b) The officials of the new county shall proceed with the assessment and collection of the taxes as if the proceedings originally had in the old county or counties had been originally had in the new county.
Mont. Code Ann. § 7-14-2307 — MT Code / Title 7 / Chapter 14 / Part 23 / Section 7-14-2307
7-14-2307 Payment of claims upon presentation of superintendent's certificate
Status: in_force

7-14-2307 . Payment of claims upon presentation of superintendent's certificate. Upon the presentation of any certificate issued by the superintendent and verification of it by the holder as in other cases of claims against the county, the board of county commissioners shall have a warrant issued for the amount of the certificate, drawn on the treasury against the county road fund.
Mont. Code Ann. § 7-4-2205 — MT Code / Title 7 / Chapter 4 / Part 22 / Section 7-4-2205
7-4-2205 Term of office -- oath
Status: in_force

7-4-2205 . Term of office -- oath. (1) Each person elected to an office named in 7-4-2203 holds the office for the term of 4 years and until a successor is elected and qualified.

(2) A person appointed to any of the different offices serves at the pleasure of the commissioners.

(3) Each officer who is mentioned in this part and who is elected to office shall:

(a) take the oath of office on or before the last business day of December following the officer's election; and

(b) take office at 12:01 a.m. on January 1 following the officer's election.
Mont. Code Ann. § 7-4-2313 — MT Code / Title 7 / Chapter 4 / Part 23 / Section 7-4-2313
7-4-2313 Deputies and personnel for consolidated offices
Status: in_force

7-4-2313 . Deputies and personnel for consolidated offices. (1) Whenever county offices are consolidated, the officer of the consolidated office may appoint as many deputies as are approved by the board or boards of county commissioners.

(2) The board or boards shall determine the number of deputies, stenographers, and clerks the officers may appoint.
Mont. Code Ann. § 7-11-108 — MT Code / Title 7 / Chapter 11 / Part 1 / Section 7-11-108
7-11-108 Authorization to appropriate funds for purpose of interlocal agreement
Status: in_force

7-11-108 . Authorization to appropriate funds for purpose of interlocal agreement. Any public agency entering into an interlocal contract pursuant to this part may appropriate funds for and may sell, lease, or otherwise give or supply to the administrative board created for the purpose of performance of said contract and may provide such personnel or services therefor as may be within its legal power to furnish.
Mont. Code Ann. § 7-32-4131 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4131
7-32-4131 Compensation and allowance for sick or injured police officers
Status: in_force

7-32-4131 . Compensation and allowance for sick or injured police officers. Whenever a member of a police department in a city or town is, on account of sickness or disability suffered or sustained while a member of the police department and not caused or brought on by dissipation or abuse, confined to any hospital or the officer's home and requires medical attention and care, the police officer may be allowed, by the city council, the police officer's salary during the absence and an amount equal to the police officer's expenses while confined for the injury or sickness.
Mont. Code Ann. § 7-6-1548 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1548
7-6-1548 Referendum to dissolve resort area district
Status: in_force

7-6-1548 . Referendum to dissolve resort area district. (1) On receipt of a petition to dissolve the resort area district, signed by more than 50% of the qualified electors of the resort area district, the board of directors shall set a date for a public hearing on dissolution of the resort area district. The hearing date must be at least 45 days and no more than 60 days after the date on which the board schedules the date of the hearing. A notice of the public hearing on dissolution must be published as provided in 7-1-2121 . The published notice must include notice to creditors of the resort area district to present claims owed by the resort area district to the board of directors prior to the date set for the dissolution hearing.

(2) After the hearing, the board of directors shall submit the question of the resort area district's dissolution to a vote of the qualified electors voting in an election conducted in accordance with Title 13, chapter 1, part 5.
Mont. Code Ann. § 7-3-607 — MT Code / Title 7 / Chapter 3 / Part 6 / Section 7-3-607
7-3-607 Committees
Status: in_force

7-3-607 . Committees. Permanent committees to advise the town presiding officer or the town meeting may be established and dissolved by ordinance. The town presiding officer may establish temporary committees to advise the presiding officer.
Mont. Code Ann. § 7-13-142 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-142
7-13-142 Authorization to utilize federal funds
Status: in_force

7-13-142 . Authorization to utilize federal funds. The board of county commissioners is hereby authorized to apply for and receive from the federal government, on behalf of said metropolitan sanitary and/or storm sewer district, any money that may be appropriated by the congress for aiding in local public works projects. Likewise, the board may borrow from the federal government any funds available for assisting in the planning or financing of local public works projects and repay the same out of the money received from the tax levy provided for in this part.
Mont. Code Ann. § 7-8-2610 — MT Code / Title 7 / Chapter 8 / Part 26 / Section 7-8-2610
7-8-2610 Distribution of proceeds of timber sales
Status: in_force

7-8-2610 . Distribution of proceeds of timber sales. The proceeds of every such sale or of the issuance of any such permit shall be paid over to the county treasurer who shall apportion and distribute the same in the following manner:

(1) The proceeds of each sale up to the amount of $10 shall be credited to the county general fund to reimburse such for expenditures made therefrom in connection with the holding of such sale or the issuance of such permit.

(2) If there shall be any amount remaining of such proceeds and such remainder is in excess of the aggregate amount of all taxes and assessments accrued against such property for all funds and purposes, without penalty and interest, then so much of such remaining proceeds shall be credited to each fund or purpose as the same would have received had such taxes been paid before becoming delinquent, and all excess shall be credited to the general fund of the county.

(3) If there shall be any amount remaining of such proceeds and such remainder is less in amount than the aggregate amount of all taxes and assessments accrued against such property for all funds and purposes, without penalty or interest, such proceeds shall be prorated between such funds and purposes in the proportion that the amount of taxes and assessments accrued against such property for each such fund or purpose bears to the aggregate amount of taxes and assessments accrued against such property for all funds and purposes.
Mont. Code Ann. § 7-14-4123 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4123
7-14-4123 Regulation of sidewalks
Status: in_force

7-14-4123 . Regulation of sidewalks. The city or town council has power to prevent the riding or driving of animals or the drawing or riding of vehicles of any kind on the sidewalks of the city or the doing of damage in any way to the sidewalks.
Mont. Code Ann. § 7-4-2305 — MT Code / Title 7 / Chapter 4 / Part 23 / Section 7-4-2305
7-4-2305 Initiation of consolidation by county commissioners
Status: in_force

7-4-2305 . Initiation of consolidation by county commissioners. (1) The board or boards of county commissioners may initiate the consolidation of county offices under the procedure set forth in this part. Any board or boards desiring to consolidate any two or more offices or any two or more offices among several counties under the provisions of this part shall first pass a resolution stating the intent of the board or boards to consider consolidation.

(2) Nothing contained herein shall be deemed as limiting in any manner the discretion of the county commissioners to consolidate the several offices without the filing of the petition provided for in this part.
Mont. Code Ann. § 7-12-4102 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4102
7-12-4102 Authorization for creation of special improvement districts -- petition for creation
Status: in_force

7-12-4102 . Authorization for creation of special improvement districts -- petition for creation. (1) The city or town council may:

(a) create special improvement districts, designating them by number;

(b) extend the time for payment of assessments levied upon the districts for district improvements for a period not exceeding 20 years or, if refunding bonds are issued pursuant to 7-12-4194 , for a period not exceeding 30 years;

(c) make the assessments payable in installments; and

(d) pay all expenses of whatever character incurred in making the improvements with special improvement warrants or bonds.

(2) Whenever the public interest or convenience requires, the city council may:

(a) create special improvement districts for acquiring by purchase, building, constructing, or maintaining devices intended to protect the safety of the public from open ditches carrying irrigation or other water;

(b) create special improvement districts for acquiring by purchase or building and constructing municipal swimming pools and other recreation facilities;

(c) create special improvement districts and order the whole or a portion, either in length or width, of one or more of the streets, avenues, alleys, or places or public ways of the city:

(i) graded or regraded to the official grade;

(ii) planked or replanked;

(iii) paved or repaved;

(iv) macadamized or remacadamized;

(v) graveled or regraveled;

(vi) piled or repiled;

(vii) capped or recapped;

(viii) surfaced or resurfaced;

(ix) oiled or reoiled;

(d) create special improvement districts and order the acquisition, construction, or reconstruction within the districts of:

(i) sidewalks, crosswalks, culverts, bridges, gutters, curbs, steps, parkings (including the planting of grassplots and setting out of trees);

(ii) sewers, ditches, drains, conduits, and channels for sanitary or drainage purposes, with outlets, cesspools, manholes, catchbasins, flush tanks, septic tanks, connecting sewers, ditches, drains, conduits, channels, and other appurtenances;

(iii) waterworks, water mains, and extensions of water mains;

(iv) pipes, hydrants, and hose connections for irrigating purposes;

(v) land, structures, and appliances for fire protection;

(vi) tunnels, viaducts, conduits, subways, breakwaters, levees, retaining walls, bulkheads, and walls of rock or other material to protect them from overflow or injury by water;

(vii) the opening of streets, avenues, and alleys and the planting of trees on the streets, avenues, and alleys;

(e) create special improvement districts and order the construction or reconstruction in, over, or through property or rights-of-way owned by the city of:

(i) tunnels, sewers, ditches, drains, conduits, and channels for sanitary or drainage purposes, with necessary outlets, cesspools, manholes, catchbasins, flush tanks, septic tanks, connection sewers, ditches, drains, conduits, channels, and other appurtenances;

(ii) pipes and hose connections for irrigating and hydrants and appliances for fire protection;

(iii) breakwaters, levees, retaining walls, and bulkheads; and

(iv) walls of rock or other material to protect the streets, avenues, lanes, alleys, courts, places, public ways, and other property in the city from overflow by water;

(f) create special improvement districts to make monetary advances or contributions to aid in the construction of additional natural gas and electric distribution lines and telecommunications facilities in order to extend those public utility services;

(g) create special improvement districts and order work to be done that is considered necessary to improve the whole or a portion of the streets, avenues, sidewalks, alleys, places, or public ways, property, or right-of-way of the city;

(h) create special improvement districts to acquire and improve by purchase, gift, bequest, lease, or other means land to be designated as public park or open-space land;

(i) create special improvement districts for the conversion of overhead utilities to underground locations in accordance with 69-4-311 through 69-4-314 ;

(j) create special improvement districts for the purchase, installation, maintenance, and management of alternative energy production facilities; and

(k) maintain, preserve, and care for any of the improvements authorized in this section.

(3) The city governing body may order and create a special improvement district upon the receipt of a petition to create a special improvement district that contains the consent of all of the owners of property to be included in the district.

(4) The city governing body may order and create special improvement districts covering projects abutting the city limits and include properties outside the city when the special improvement district abuts and benefits that property. Properties within the proposed district boundaries outside the city may not be included in the special improvement district if, under the assessment methodology provided in the resolution of intention, the owners of lots, tracts, or parcels outside the city representing not less than 40% of the total projected assessments against properties outside the city protest the creation of the special improvement district. The property outside the city must be treated in a similar manner as to improvements, notices, and assessments as the property inside the city limits. A joint resolution of the city and county must be passed agreeing to the terms of the special improvement district prior to passing the resolution of intention or the resolution creating the special improvement district. A copy of the resolution of intention and the resolution creating the special improvement district must be provided to the county commissioners upon the passage of the respective resolutions.
Mont. Code Ann. § 7-14-2141 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2141
7-14-2141 Liability for permitting water to overflow
Status: in_force

7-14-2141 . Liability for permitting water to overflow. (1) Every person who excavates or constructs or owns any ditch, dike, flume, or canal or stores, distributes, or uses water for any purpose and permits the water to flow over any public highway to the injury thereof, upon notification by the board of county commissioners, road supervisor, or county surveyor of the district where such overflow occurred, must repair the damages occasioned. If such repairs are not made within a reasonable time, the district must make them and recover the expense thereof in an action at law.

(2) Every person constructing, owning, or using such ditch or flume who permits an overflow is liable as provided in 45-8-111 .
Mont. Code Ann. § 7-3-4215 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4215
7-3-4215 Council members and mayor to be elected
Status: in_force

7-3-4215 . Council members and mayor to be elected. (1) In every city of the third class, there must be a mayor and two council members. In every city of the second class, there must be a mayor and two council members. In every city of the first class having a population of less than 25,000, there must be a mayor and two council members. In every city of the first class having a population of 25,000 or more, there must be a mayor and four council members.

(2) The mayor and all council members must be elected at large.
Mont. Code Ann. § 7-3-1215 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1215
7-3-1215 Qualifications for commission
Status: in_force

7-3-1215 . Qualifications for commission. (1) Members of the commission must be qualified electors of the consolidated municipality and may not hold any other public office except that of notary public or member of the state militia.

(2) A member of the commission ceasing to possess any of the qualifications specified in this section shall immediately forfeit the member's office.
Mont. Code Ann. § 7-14-220 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-220
7-14-220 Employment of administrative officer
Status: in_force

7-14-220 . Employment of administrative officer. The board shall employ a qualified administrative officer for the district. The board shall give public notice of its solicitation of applications for a qualified administrative officer.
Mont. Code Ann. § 7-3-174 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-174
7-3-174 Election dates and procedures
Status: in_force

7-3-174 . Election dates and procedures. (1) An election on the question of establishing a study commission under 7-3-173 must be held in conjunction with a primary election held on the date established in 13-1-107 .

(2) An election of study commission members under 7-3-176 must be held in conjunction with a general election held on the date established in 13-1-104 .

(3) The elections must be counted, canvassed, and returned as provided in Title 13 for general elections.

(4) The election administrator shall report the results of an election conducted under 7-3-171 through 7-3-193 to the secretary of state within 15 days of the date the election results become official.
Mont. Code Ann. § 7-14-2407 — MT Code / Title 7 / Chapter 14 / Part 24 / Section 7-14-2407
7-14-2407 Use of Montana-made wooden materials in wooden county bridge projects
Status: in_force

7-14-2407 . Use of Montana-made wooden materials in wooden county bridge projects. When the board of county commissioners authorizes a construction or reconstruction project for a wooden county bridge, it shall require the use of Montana-made wooden decking, guardrail posts, fenceposts, and signposts when appropriate and when the cost of wooden materials is less than or equal to the cost of other materials.
Mont. Code Ann. § 7-1-102 — MT Code / Title 7 / Chapter 1 / Part 1 / Section 7-1-102
7-1-102 Authorization for self-government services and functions
Status: in_force

7-1-102 . Authorization for self-government services and functions. A local government with self-government powers may provide any services or perform any functions not expressly prohibited by the Montana constitution, state law, or its charter. These services and functions include but are not limited to those services and functions which general power government units are authorized to provide or perform.
Mont. Code Ann. § 7-14-2403 — MT Code / Title 7 / Chapter 14 / Part 24 / Section 7-14-2403
7-14-2403 Advertisement for bids
Status: in_force

7-14-2403 . Advertisement for bids. Before any contract authorized by 7-14-2402 is let, the board shall advertise for bids as provided in 7-1-2121 .