Mont. Code Ann. § 7-3-219 — MT Code / Title 7 / Chapter 3 / Part 2 / Section 7-3-219
7-3-219 Type of election
Status: in_force

7-3-219 . Type of election. Local government elections shall be conducted on a:

(1) partisan basis; or

(2) nonpartisan basis.
Mont. Code Ann. § 7-6-610 — MT Code / Title 7 / Chapter 6 / Part 6 / Section 7-6-610
7-6-610 Fiscal year for local governments
Status: in_force

7-6-610 . Fiscal year for local governments. The fiscal year of local governments commences on July 1 of each calendar year and ends on June 30 of the following calendar year.
Mont. Code Ann. § 7-12-4164 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4164
7-12-4164 Assessment of costs -- utility service connections -- option
Status: in_force

7-12-4164 . Assessment of costs -- utility service connections -- option. The city council or commission may assess utility service connections upon a lump sum based on the bid price in the improvement district contract and assess only the lots, tracts, or parcels of land served by the utility connection or connections within the special improvement district, so long as such assessment is equitable.
Mont. Code Ann. § 7-5-4102 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4102
7-5-4102 Powers and duties of mayor related to administration and executive function
Status: in_force

7-5-4102 . Powers and duties of mayor related to administration and executive function. (1) The mayor may:

(a) communicate to the council, at the beginning of each session and more often if considered necessary, a statement of the affairs of the city or town, with recommendations that the mayor considers proper;

(b) recommend to the council measures connected with the public health, cleanliness, and ornament of the city or town and the improvement of the government and finances that the mayor considers expedient;

(c) call special meetings of the council;

(d) cause to be presented, once in 3 months, a full statement of the financial condition of the city or town;

(e) bid for the city or town on any property sold at a tax or judicial sale whenever the city or town is an interested party;

(f) procure and have in the mayor's custody the seal of the city or town;

(g) take and administer oaths;

(h) perform other duties that may be prescribed by law or by resolution or ordinance of the council.

(2) The mayor is the presiding officer of the council and shall sign the journals of the council and all warrants on the city treasury and decide all ties by vote. The mayor has no other vote.
Mont. Code Ann. § 7-1-4132 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4132
7-1-4132 Protest
Status: in_force

7-1-4132 . Protest. (1) Whenever a protest is authorized, it is sufficient if it is in writing, signed, and contains the following:

(a) a description of the action protested sufficient to identify the action against which the protest is lodged;

(b) a statement of the protestor's qualifications to protest the action against which the protest is lodged, including ownership of property affected by the action; and

(c) the address of the person protesting.

(2) Protests shall be submitted as provided by law and ordinance. The person receiving protests for a municipality shall note on each protest the date it was received.

(3) A protest which contains the required information may be signed by more than one person. A protest signed by more than one person is a valid protest by each signer.

(4) A person may in writing withdraw a previously filed protest at any time prior to final action by the governing body.

(5) Signers are encouraged to print their names after their signatures.
Mont. Code Ann. § 7-3-1259 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1259
7-3-1259 Oath of office
Status: in_force

7-3-1259 . Oath of office. Each officer of the municipality shall, before entering upon the duties of office, take and subscribe to the oath or affirmation required of officers by the constitution of the state of Montana, and the oath or affirmation must be filed and kept in the office of the clerk.
Mont. Code Ann. § 7-33-2104 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2104
7-33-2104 Operation of fire districts
Status: in_force

7-33-2104 . Operation of fire districts. When a board of county commissioners establishes a fire district in any unincorporated territory or incorporated second-class or third-class city or town, the commissioners:

(1) may contract with a city, town, private fire company, or other public entity to furnish all fire protection services for property within the district; or

(2) shall appoint five qualified trustees to govern and manage the fire district.
Mont. Code Ann. § 7-13-3007 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3007
7-13-3007 Sufficient protest to bar proceedings
Status: in_force

7-13-3007 . Sufficient protest to bar proceedings. If protests against the proposed system are received from the owners of 50% or more of the area in the proposed district, further proceedings may not be taken by the governing body.
Mont. Code Ann. § 7-14-4665 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4665
7-14-4665 Role of appointed receiver
Status: in_force

7-14-4665 . Role of appointed receiver. If a receiver is appointed pursuant to 7-14-4664 (2)(b), the receiver may enter and take possession of the parking facility or any part of the facility, operate and maintain the facility, and collect and receive all fees, rents, revenue, or other charges arising from the facility. The receiver shall keep the money in a separate account or accounts and apply the money in accordance with the obligations of the commission as the court directs.
Mont. Code Ann. § 7-12-2165 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2165
7-12-2165 Procedure to correct assessment and relevy and collect tax
Status: in_force

7-12-2165 . Procedure to correct assessment and relevy and collect tax. (1) Whenever, by reason of any alleged nonconformity to law or by reason of any omission or irregularity, any special tax or assessment is either invalid or its validity is questioned, the board of county commissioners may make all necessary orders and may take all necessary steps to correct, reassess, and relevy the same, including the ordering of work, with the same force and effect as if made at the time provided by the law or resolution relating thereto. The board may reassess and relevy the tax or assessment with the same force and effect as an original levy.

(2) Any special tax, upon reassessment or relevy, shall, so far as practicable, be levied and collected the same as it would have been if the first levy had been enforced. Any provision of any law specifying a time when or order in which acts shall be done in a proceeding which may result in a special tax are subject to the qualifications of this part.

(3) Whenever any apportionment or assessment is made and any property is assessed too little or too much, the assessment may be corrected and reassessed for such additional amount as is proper or the assessment may be reduced even to the extent of refunding the tax collected.
Mont. Code Ann. § 7-6-4036 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4036
7-6-4036 Fixing tax levy
Status: in_force

7-6-4036 . Fixing tax levy. (1) The governing body shall fix the tax levy for each taxing jurisdiction within the county or municipality:

(a) by the later of the first Thursday after the first Tuesday in September or within 30 calendar days after receiving certified taxable values;

(b) after the approval and adoption of the final budget; and

(c) at levels that will balance the budgets as provided in 7-6-4034 .

(2) Each levy:

(a) must be made in the manner provided by 15-10-201 ; and

(b) is subject to 15-10-420 .
Mont. Code Ann. § 7-6-2503 — MT Code / Title 7 / Chapter 6 / Part 25 / Section 7-6-2503
7-6-2503 Duties of county treasurer related to taxation
Status: in_force

7-6-2503 . Duties of county treasurer related to taxation. The treasurer is collector of taxes. The county treasurer's duties as collector of taxes are prescribed in this title and Title 15.
Mont. Code Ann. § 7-3-1253 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1253
7-3-1253 Disposition of money received by officers in official capacity
Status: in_force

7-3-1253 . Disposition of money received by officers in official capacity. A person elected or appointed to an office or position under the municipal government established by part 13 and this part is not entitled to and may not receive for the person's own use any fees, emoluments, commissions, or perquisites other than the salary or compensation fixed by part 13 and this part or by the commission. All fees, emoluments, commissions, and perquisites ensuing out of the performance of official duty belong to the municipality and must be paid into the treasury of the municipality at the times and in the manner provided by the general laws of the state.
Mont. Code Ann. § 7-8-2104 — MT Code / Title 7 / Chapter 8 / Part 21 / Section 7-8-2104
7-8-2104 Insurance of county buildings
Status: in_force

7-8-2104 . Insurance of county buildings. The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to insure the county buildings in the name of and for the benefit of the county and shall have the power to use the proceeds of any insurance policy which may be paid by reason of a loss covered thereby for the purpose of rebuilding the structure lost or damaged or, if the fire insurance proceeds are less than $25,000, for building new structures or buildings.
Mont. Code Ann. § 7-6-1536 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1536
7-6-1536 Resort area district -- election required -- notice
Status: in_force

7-6-1536 . Resort area district -- election required -- notice. (1) Upon a determination that the petition complies with the provisions of 7-6-1533 through 7-6-1536 , 7-6-1539 through 7-6-1544 , 7-6-1546 through 7-6-1548 , and 7-6-1550 , the board of county commissioners of each county in which the resort area lies shall conduct an election in accordance with Title 13, chapter 1, part 5.

(2) Notice of the election must be made as provided in 13-1-108 and must:

(a) describe the purpose of the proposed resort area district; and

(b) state the name of the proposed resort area district, which must include the words "resort area district".
Mont. Code Ann. § 7-32-2113 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2113
7-32-2113 Payment of partial salary of deputy sheriff injured in performance of duty
Status: in_force

7-32-2113 . Payment of partial salary of deputy sheriff injured in performance of duty. (1) A deputy sheriff who is injured in the performance of the deputy sheriff's duties and who requires medical or other remedial treatment for injuries that render the deputy sheriff unable to perform the deputy sheriff's duties must be paid by the county the difference between the deputy sheriff's net salary, following adjustments for income taxes and pension contributions, and the amount received from workers' compensation until the disability has ceased, as determined by workers' compensation, or for a period not to exceed 1 year, whichever occurs first.

(2) To qualify for the partial salary payment provided for in subsection (1), the deputy sheriff must be unable to perform the deputy sheriff's duties as a result of the injury.
Mont. Code Ann. § 7-22-2151 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2151
7-22-2151 Cooperative agreements
Status: in_force

7-22-2151 . Cooperative agreements. (1) A state agency that controls land within a district, including the department of transportation; the department of fish, wildlife, and parks; the department of corrections; the department of natural resources and conservation; and the university system, shall enter into a written agreement with the board. The agreement must specify mutual responsibilities for integrated noxious weed management on state-owned or state-controlled land within the district. The agreement must include the following:

(a) an integrated noxious weed management plan, which must be updated biennially;

(b) a noxious weed management goals statement;

(c) a specific plan of operations for the biennium, including a budget to implement the plan; and

(d) a provision requiring a biennial performance report by the board to the state weed coordinator in the department of agriculture, on a form to be provided by the state weed coordinator, regarding the success of the plan.

(2) The board and the governing body of each incorporated municipality within the district shall enter into a written agreement and shall cooperatively plan for the management of noxious weeds within the boundaries of the municipality. The board may implement management procedures described in the plan within the boundaries of the municipality for noxious weeds only. Control of nuisance weeds within the municipality remains the responsibility of the governing body of the municipality, as specified in 7-22-4101 .

(3) A board may develop and carry out its noxious weed management program in cooperation with boards of other districts, with state and federal governments and their agencies, or with any person within the district. The board may enter into cooperative agreements with any of these parties.

(4) Each agency or entity listed in subsection (1) shall submit a statement or summary of all noxious weed actions that are subject to the agreement required under subsection (1) to the state weed coordinator and shall post a copy of the statement or summary on a state digital access system.
Mont. Code Ann. § 7-6-1111 — MT Code / Title 7 / Chapter 6 / Part 11 / Section 7-6-1111
7-6-1111 Gross proceeds and short-term obligations -- security
Status: in_force

7-6-1111 . Gross proceeds and short-term obligations -- security. (1) Gross proceeds obligations are not general obligations of the local government and are collectible only from the collection of coal gross proceeds taxes, interest, and penalties pursuant to 15-23-708 .

(2) Short-term obligations are general obligations of the local government and must be secured by the taxes and revenues in anticipation of which the short-term obligations were issued and in such other manner as set forth in the ordinance authorizing their issuance.
Mont. Code Ann. § 7-7-2204 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2204
7-7-2204 Effect of issuing bonds in excess of limitations on amount
Status: in_force

7-7-2204 . Effect of issuing bonds in excess of limitations on amount. All bonds issued by any county in excess of the limitations fixed in 7-7-2203 shall be null and void.
Mont. Code Ann. § 7-3-220 — MT Code / Title 7 / Chapter 3 / Part 2 / Section 7-3-220
7-3-220 Presiding officer of commission -- selection
Status: in_force

7-3-220 . Presiding officer of commission -- selection. The commission must have a presiding officer who must be:

(1) elected by the members of the commission from their own number for a term established by ordinance; or

(2) selected as provided by ordinance.
Mont. Code Ann. § 7-6-1504 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1504
7-6-1504 Resort tax -- election required -- procedure -- notice
Status: in_force

7-6-1504 . Resort tax -- election required -- procedure -- notice. (1) A resort community, resort area, or resort area district may not impose or, except as provided in 7-6-1505 , amend or repeal a resort tax unless the resort tax question has been approved by a majority of the qualified electors voting on the question.

(2) The resort tax question may be presented to the qualified electors of:

(a) a resort community by a petition of the electors as provided in 7-5-137 and Title 13, chapter 28, or by a resolution of the governing body of the resort community;

(b) a resort area by a resolution of the board of county commissioners, following receipt of a petition of electors as provided in 7-6-1508 ;

(c) an existing resort area district by a resolution of the board of directors of the resort area district in accordance with special district election procedures provided in 13-1-501 through 13-1-505 .

(3) If a proposed resort area is in more than one county, the resort tax question must be presented to and approved by the qualified electors in the resort area of each county.

(4) The petition or resolution referring the taxing question must state:

(a) the rate of the resort tax;

(b) the duration of the resort tax;

(c) the date when the tax becomes effective, which date may not be earlier than 35 days after the election; and

(d) the purposes that may be funded by the resort tax revenue. If the petition or resolution includes the additional tax provided for in 7-6-1503 (1)(b)(i), the revenue from the additional tax must be designated for infrastructure and the specific uses must be identified in the petition or resolution. The additional levy for infrastructure authorized under this subsection (4)(d) terminates when the specified infrastructure debts and project costs are paid unless the board submits and the qualified electors approve another levy for infrastructure.

(5) On receipt of an adequate petition, the governing body shall hold an election in accordance with Title 13, chapter 1, part 5.

(6) (a) Before the resort tax question is submitted to the electorate of a resort community or resort area, the governing body of the resort community or the board of county commissioners in the county in which the resort area is located shall provide notice of the goods and services subject to the resort tax by a method described in 13-1-108 .

(b) The notice must be given two times, with at least 6 days separating the notices. The first notice must be no more than 45 days prior to the election, and the last notice must be no less than 30 days prior to the election.

(7) Notice of the election must be given as provided in 13-1-108 and include the information listed in subsection (4) of this section.

(8) The question of the imposition of a resort tax may not be placed before the qualified electors more than once in any fiscal year.

(9) The governing body, as defined in 7-6-1505 , of a resort area, resort area district, or resort community that already imposes a resort tax may submit to the qualified electors of the resort area, resort area district, or resort community the question of whether to levy the additional resort tax provided for in 7-6-1503 (1)(b)(i). The election must be noticed as provided in this section and conducted as provided in 13-1-501 through 13-1-505 .
Mont. Code Ann. § 7-6-2118 — MT Code / Title 7 / Chapter 6 / Part 21 / Section 7-6-2118
7-6-2118 Receipt of money from predecessor county treasurer
Status: in_force

7-6-2118 . Receipt of money from predecessor county treasurer. A percentage may not be allowed to the treasurer on any money received from the treasurer's predecessor in office.
Mont. Code Ann. § 7-21-3308 — MT Code / Title 7 / Chapter 21 / Part 33 / Section 7-21-3308
7-21-3308 Effect of failure to pay gross proceeds charge
Status: in_force

7-21-3308 . Effect of failure to pay gross proceeds charge. Every person, firm, or corporation availing themselves of the privileges provided hereby who shall fail, neglect, or refuse to so pay to the market master of the county market of any county of this state 5% of the gross sales made by them within such market shall be guilty of a misdemeanor and upon the conviction thereof shall be fined not less than $10 or more then $100 and imprisoned in the county jail until such fine be paid, in the manner provided by law, and shall be forever thereafter disbarred from the privileges afforded by the county markets established at the county seats of every county in Montana.
Mont. Code Ann. § 7-12-2164 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2164
7-12-2164 Payment of tax under protest -- action to recover
Status: in_force

7-12-2164 . Payment of tax under protest -- action to recover. (1) When a tax levied and assessed under any of the provisions of 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 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 county 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 county treasurer until the determination of an action brought for the recovery of the tax.
Mont. Code Ann. § 7-8-2304 — MT Code / Title 7 / Chapter 8 / Part 23 / Section 7-8-2304
7-8-2304 Terms for sale of tax-deed land
Status: in_force

7-8-2304 . Terms for sale of tax-deed land. (1) A sale must be made for cash or, in the case of real property, on terms that the board of county commissioners approves.

(2) (a) If the sale is made on terms, at least 20% of the purchase price must be paid in cash at the date of sale and the remainder may be paid in installments extending over a period not to exceed 5 years. All deferred payments bear interest at a rate established by the board of county commissioners. The rate may not exceed more than 4 percentage points a year above the prime rate published by the federal reserve system in its statistical release H.15 Selected Interest Rates for bank prime loans dated within 7 days prior to the date of sale.

(b) If a sale is made on terms, the presiding officer of the board shall execute a contract containing the terms that are provided by a contract approved by the department of revenue.
Mont. Code Ann. § 7-10-219 — MT Code / Title 7 / Chapter 10 / Part 2 / Section 7-10-219
7-10-219 Details relating to revenue bonds
Status: in_force

7-10-219 . Details relating to revenue bonds. (1) Bonds authorized to be issued under this part:

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

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

(c) may bear a date or dates;

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

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

(f) may carry registration privileges;

(g) may be subject to terms of redemption;

(h) may be executed;

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

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

(2) The regional resource authority may fix the minimum price for the bonds in an amount less than the principal amount of the bonds but not less than 97% of the principal amount if it determines that a sale at that price is in the best interests of the project.
Mont. Code Ann. § 7-12-4103 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4103
7-12-4103 Formation of district to defray cost of acquiring private property
Status: in_force

7-12-4103 . Formation of district to defray cost of acquiring private property. The city council is also hereby authorized to create a district as hereinafter specified for the purpose of defraying the cost of acquiring private property for the purpose of opening, widening, or extending any street, avenue, or alley within the corporate limits of such city.
Mont. Code Ann. § 7-4-4501 — MT Code / Title 7 / Chapter 4 / Part 45 / Section 7-4-4501
7-4-4501 Duties of city clerk related to administration
Status: in_force

7-4-4501 . Duties of city clerk related to administration. It is the duty of the clerk to:

(1) attend all meetings of the council and record and sign the proceedings thereof and all ordinances, bylaws, resolutions, and contracts passed, adopted, or entered into;

(2) enter in a book all ordinances, resolutions, and bylaws passed and adopted by the council;

(3) countersign and cause to be published or posted, as provided by law, all ordinances, bylaws, or resolutions passed and adopted by the council;

(4) sign, number, and keep a record of all licenses, commissions, or permits granted or authorized by the council;

(5) take and administer oaths, but must not charge or receive any fees therefor;

(6) perform such other and further duties as the council may prescribe.
Mont. Code Ann. § 7-10-105 — MT Code / Title 7 / Chapter 10 / Part 1 / Section 7-10-105
7-10-105 Resolution creating or expanding regional resource authority upon favorable vote
Status: in_force

7-10-105 . Resolution creating or expanding regional resource authority upon favorable vote. (1) If a majority of the votes cast within the proposed boundaries of the regional resource authority or expansion are in favor of creating or expanding the authority, the board of county commissioners in the county that administered the election shall, by resolution, declare the territory enclosed within the proposed boundaries or expansion duly organized as a regional resource authority.

(2) Immediately following adoption of the resolution creating or expanding the regional resource authority, the board of county commissioners shall file a copy of the resolution with the secretary of state and the county clerk and recorder.
Mont. Code Ann. § 7-14-4641 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4641
7-14-4641 Authority to issue revenue bonds
Status: in_force

7-14-4641 . Authority to issue revenue bonds. The commission shall have power to issue revenue bonds in its name or in that of the city.
Mont. Code Ann. § 7-14-4628 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4628
7-14-4628 Nature of onstreet parking regulations
Status: in_force

7-14-4628 . Nature of onstreet parking regulations. The parking regulations issued pursuant to 7-14-4622 (7) may include, without limiting the generality of this provision, the determination of:

(1) parking locations;

(2) variable parking durations;

(3) variable parking rate schedules; and

(4) enforcement policies and procedures.
Mont. Code Ann. § 7-15-4523 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4523
7-15-4523 Amendment or abrogation of bond contracts
Status: in_force

7-15-4523 . Amendment or abrogation of bond contracts. In connection with the issuance of bonds and/or the incurring of any obligation under a lease and in order to secure the payment of such bonds and/or obligations, the authority shall have power to prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given.
Mont. Code Ann. § 7-7-4213 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4213
7-7-4213 Citizen bonds -- procedure when issue not fully subscribed
Status: in_force

7-7-4213 . Citizen bonds -- procedure when issue not fully subscribed. If an entire issue of unsubscribed bonds is not fully subscribed during the period of time that the city or town has set for the sale of the bonds, the citizen bonds may be sold in the manner permitted for other municipal general obligation bonds.
Mont. Code Ann. § 7-5-2102 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2102
7-5-2102 Promulgation and enforcement of rules
Status: in_force

7-5-2102 . Promulgation and enforcement of rules. The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to make and enforce such rules for its government, the preservation of order, and the transaction of business as may be necessary.
Mont. Code Ann. § 7-15-4420 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4420
7-15-4420 Procedure to implement certain sections
Status: in_force

7-15-4420 . Procedure to implement certain sections. (1) Except as otherwise provided in 7-15-4416 (2) and 7-15-4417 through 7-15-4419 , all action authorized to be taken under 7-15-4416 (2) and 7-15-4417 through 7-15-4419 by the council or other governing body of any city or of any municipality may be by resolution adopted by a majority of all the members of its council or other governing body.

(2) The resolution may be adopted at the meeting of the council or other governing body at which such resolution is introduced and shall take effect immediately upon such adoption, and no such resolution need be published or posted.
Mont. Code Ann. § 7-12-4249 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4249
7-12-4249 Meaning of term deficiency
Status: in_force

7-12-4249 . Meaning of term deficiency. A deficiency shall exist in any district fund whenever principal and interest is due and there is no money in the fund to pay the same.
Mont. Code Ann. § 7-14-111 — MT Code / Title 7 / Chapter 14 / Part 1 / Section 7-14-111
7-14-111 Transportation for senior citizens and persons with disabilities
Status: in_force

7-14-111 . Transportation for senior citizens and persons with disabilities. (1) Subject to 15-10-420 , a county, urban transportation district, or municipality may levy property taxes to fund special transportation services for senior citizens and persons with disabilities.

(2) The proceeds of the levy may be used to:

(a) contract with public or private transportation providers for services to senior citizens and individuals with disabilities; or

(b) augment or subsidize provisions for the transportation of senior citizens and individuals with disabilities provided by public transportation providers.

(3) If the taxing jurisdiction determines that it is not in the best interest of senior citizens and individuals with disabilities to use the tax levy as provided for in subsection (2), the taxing jurisdiction may use the proceeds of the levy to establish and operate an independent transportation system for senior citizens and individuals with disabilities.

(4) Counties, urban transportation districts, and municipalities are encouraged to enter into interlocal agreements to provide regional transportation services to senior citizens and persons with disabilities and may create regional advisory committees to coordinate regional transportation services.
Mont. Code Ann. § 7-32-101 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-101
7-32-101 Department of public safety authorized
Status: in_force

7-32-101 . Department of public safety authorized. In counties having a taxable valuation of less than $30 million, on agreement of the legislative body of a city or town with the county commissioners of the county in which it is located, there may be established a department of public safety in lieu of a police department and a sheriff's office.
Mont. Code Ann. § 7-22-2102 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2102
7-22-2102 Weed management districts established
Status: in_force

7-22-2102 . Weed management districts established. A weed management district shall be formed in every county of this state and shall include all the land within the boundaries of the county, except that a weed management district may include more than one county through agreement of the commissioners of the affected counties.
Mont. Code Ann. § 7-34-2152 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2152
7-34-2152 Petition to annex land
Status: in_force

7-34-2152 . Petition to annex land. A petition signed by 10% or more of the freeholders within the territory proposed to be annexed or by a majority of such freeholders if there are less than 25 residing within the area proposed to be annexed, designating the boundaries of such contiguous territory proposed to be annexed and asking that it be annexed to said public hospital district, shall be presented to the board of county commissioners of the county in which said public hospital district is situated.
Mont. Code Ann. § 7-4-2312 — MT Code / Title 7 / Chapter 4 / Part 23 / Section 7-4-2312
7-4-2312 Salary and bond of officer following consolidation
Status: in_force

7-4-2312 . Salary and bond of officer following consolidation. (1) (a) When two or more offices are consolidated under a single officer, the officer must receive a salary determined by the board or boards of county commissioners. However, the salary may not be more than 20% higher than the highest salary provided by law to be paid to any officer whose duties the officer is required to perform by reason of the consolidations.

(b) The board or boards shall, in conjunction with setting elected officials' salaries as provided in 7-4-2503 , adopt a resolution fixing the percentage adjustment of the salary of the officer holding the consolidated office for the term beginning January 1 immediately following the adoption of the resolution. The board shall adopt the resolution for the subsequent term of the consolidated office prior to the first day of candidate filing for that term.

(2) The officer shall give a bond in an amount equal to the highest bond required by law of any officer whose duties the officer is required to perform by reason of the consolidation of offices.
Mont. Code Ann. § 7-7-4269 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4269
7-7-4269 Order of redemption of bonds
Status: in_force

7-7-4269 . Order of redemption of bonds. All bonds to be redeemed under the provisions of 7-7-4268 may be redeemed in the order that the city treasurer or city clerk selects, consistent with the provisions of the resolution authorizing the issuance of the bonds.
Mont. Code Ann. § 7-14-2140 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2140
7-14-2140 Prevention of water flow over highway
Status: in_force

7-14-2140 . Prevention of water flow over highway. Any person obtaining a construction permit or any person using the water of a ditch, dike, flume, or canal referred to in 7-14-2139 shall keep the same in repair where such water may flow over or in any way injure a public highway.
Mont. Code Ann. § 7-1-201 — MT Code / Title 7 / Chapter 1 / Part 2 / Section 7-1-201
7-1-201 Boards
Status: in_force

7-1-201 . Boards. (1) A board of county commissioners may by resolution establish the administrative boards, districts, or commissions allowed by law or required by law to be established pursuant to 7-1-202 , 7-1-203 , Title 7, chapter 11, part 10, and this section and listed in 7-1-202 . The resolution creating an administrative board, district, or commission must specify:

(a) the number of administrative board, district board, or commission members;

(b) the terms of the members;

(c) whether members are entitled to mileage, per diem, expenses, and salary; and

(d) any special qualifications for membership in addition to those established by law.

(2) (a) An administrative board, a district board, or a commission may be assigned responsibility for a department or service district.

(b) An administrative board, a district board, or a commission may:

(i) exercise administrative powers as granted by resolution, except that it may not pledge the credit of the county or impose a tax unless specifically authorized by state law; and

(ii) administer programs, establish policy, and adopt administrative and procedural rules.

(c) The resolution creating an administrative board, a district board, or a commission must grant the administrative board, district board, or commission all powers necessary and proper to the establishment, operation, improvement, maintenance, and administration of the department or district.

(d) If authorized by resolution, an administrative board, a district board, or a commission may employ personnel to assist in its functions.

(3) (a) An administrative board, a district board, or a commission may be made elective.

(b) If an administrative board, a district board, or a commission is made elective, the election must be conducted as provided in Title 13, chapter 1, part 5.

(c) A vacancy created pursuant to 2-16-501 occurring during a term must be filled for the unexpired term by the county commissioners. The member appointed to fill the vacancy holds the office until a successor has been elected and qualified.

(4) An administrative board, a district board, or a commission may not sue or be sued independently of the local government unless authorized by state law.

(5) (a) If administrative board, district board, or commission members are to be appointed, the members must be appointed by the county commissioners. The county commissioners shall post prospective membership vacancies at least 1 month prior to filling the vacancy. A vacancy created pursuant to 2-16-501 occurring during a term must be filled for the unexpired term by the county commissioners. The member appointed to fill the vacancy holds the office until a successor has been appointed and qualified.

(b) The county commissioners shall maintain a register of appointments, including:

(i) the name of the administrative board, district board, or commission;

(ii) the date of appointment and confirmation, if any is required;

(iii) the length of term;

(iv) the name and term of the presiding officer and other officers of each administrative board, district board, or commission; and

(v) the date, time, and place of regularly scheduled meetings.

(c) Terms for members of elected or appointed boards or commissions may not exceed 4 years. Unless otherwise provided by resolution or as provided in 7-11-1010 , members shall serve terms beginning on July 1 and shall serve at the pleasure of the county commissioners.

(6) An administrative board, a district board, or a commission must consist of a minimum of 3 members and must have an odd number of members.

(7) The resolution creating an administrative board, a district board, or a commission may provide for voting or nonvoting ex officio members.

(8) Two or more local governments may provide for a joint administrative board, district board, or commission to be established by interlocal agreement.

(9) A majority of members constitutes a quorum for the purposes of conducting business and exercising powers and responsibilities. Action may be taken by a majority vote of members present and voting unless the resolution creating the board, district, or commission specifies otherwise.

(10) An administrative board, a district board, or a commission shall provide for the keeping of written minutes, including the final vote on all actions and the vote of each member.

(11) An administrative board, a district board, or a commission shall provide by rule for the date, time, and place of regularly scheduled meetings and file the information with the county commissioners.

(12) Unless otherwise provided by law, a person must be a citizen of the United States and a resident of the county to be eligible for appointment to an administrative board, a district board, or a commission. The county commissioners may prescribe by resolution additional qualifications for membership.

(13) A person may be removed from an administrative board, a district board, or a commission for cause by the county commissioners or as provided by resolution.

(14) A resolution creating an administrative board, a district board, or a commission must contain, if applicable, budgeting and accounting requirements for which the administrative board, district board, or commission is accountable to the county commissioners.

(15) If a municipality creates a special district in accordance with Title 7, chapter 11, part 10, the governing body of the municipality shall comply with this section if the governing body chooses to have the special district governed by a separate board.
Mont. Code Ann. § 7-5-2122 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2122
7-5-2122 Meetings of board of county commissioners
Status: in_force

7-5-2122 . Meetings of board of county commissioners. (1) The board of county commissioners of a county shall establish by resolution a regular meeting date and notify the public of that date.

(2) Except as provided in subsection (3) or in the event of an emergency situation under 2-3-112 affecting the public health, welfare, or safety, all meetings must be held on the date designated in subsection (1) and at the county seat of the board's county.

(3) The board may, by resolution and having provided at least 2 days' posted public notice in accordance with 7-1-2123 , designate another meeting time or place.

(4) The presence of a quorum of members of the board at an event or meeting of another entity or organization or traveling in the same vehicle does not constitute a meeting of the board as long as no issues over which the commission has supervision, control, jurisdiction, or advisory power are discussed or heard. County business may only be conducted during a meeting as defined in 2-3-202 for which notice has been properly given.

(5) If a quorum of commissioners is present at an event or meeting or is traveling in the same vehicle when it was not possible to provide public notice under 7-1-2123 and issues over which the commission has supervision, control, jurisdiction, or advisory power are discussed or heard, the commissioners present shall provide a report at the commission's next regularly scheduled public meeting. The report must include the name of the event or meeting, the name of the persons involved, the date and location of the event or meeting, and a brief summary of the issues discussed or heard. If the commissioners' presence at the unnoticed meeting or event is reasonably expected to precipitate ensuing consideration of any issue by the board of county commissioners, details associated with the issue discussed or heard must also be included in the report.
Mont. Code Ann. § 7-31-113 — MT Code / Title 7 / Chapter 31 / Part 1 / Section 7-31-113
7-31-113 Disposition of bonds
Status: in_force

7-31-113 . Disposition of bonds. (1) The board of county commissioners or council, as the case may be:

(a) may provide by contract for the delivery of bonds at a price not less than 97% of face value upon the terms and conditions provided in the contract; or

(b) may sell and dispose of bonds at public or private sale at a price not less than 97% of face value to raise funds to carry out the contract and use the funds for the payment of any expert or incidental expenses proper and necessary in completing the contract.

(2) In the event that the bonds are sold at public sale, the bonds must be sold for cash to the highest bidder, after public notice by publication in a paper of general circulation printed and published in each county in the state and also by publication in at least three newspapers of general circulation printed and published in the cities of Boston and New York. The notice must be published at least once a week and must contain, in substance, a description of the bonds as set out in 7-31-112 .
Mont. Code Ann. § 7-33-1901 — MT Code / Title 7 / Chapter 33 / Part 19 / Section 7-33-1901
7-33-1901 Definitions
Status: in_force

7-33-1901 . Definitions. As used in this part, the following definitions apply:

(1) "Paid firefighter" means a firefighter qualified under 7-33-4107 who receives full or partial pay.

(2) "Volunteer firefighter" has the meaning provided in 19-17-102 .
Mont. Code Ann. § 7-6-208 — MT Code / Title 7 / Chapter 6 / Part 2 / Section 7-6-208
7-6-208 Substitution of deposit security
Status: in_force

7-6-208 . Substitution of deposit security. (1) Any bank, building and loan association, savings and loan association, or credit union pledging securities as provided in 7-6-207 , at any time it deems advisable or desirable, may substitute like securities for all or any part of the securities pledged. The collateral so substituted shall be approved by the governing body of the county, city, or town at its next official meeting.

(2) Such securities so substituted shall at the time of substitution be at least equal in principal amount to the securities for which substitution is made. In the event that the securities so substituted are held in trust, the trustee shall, on the same day the substitution is made, forward a receipt by registered or certified mail to the county, city, or town and to the depository bank, building and loan association, savings and loan association, or credit union. The receipt shall specifically describe and identify both the securities so substituted and those released and returned to the depository bank, building and loan association, savings and loan association, or credit union.
Mont. Code Ann. § 7-12-4118 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4118
7-12-4118 Adjournment of hearings
Status: in_force

7-12-4118 . Adjournment of hearings. Whenever in proceedings hereunder a time and place for hearing are fixed by the city council and from any cause the hearing is not then and there held or regularly adjourned to a fixed time and place, the power or jurisdiction of the council in the premises shall not thereby be divested or lost, but the council may proceed anew to fix a time and place for the hearing and cause notice thereof to be given by publication by at least one insertion in a daily, semiweekly, or weekly newspaper, such publication to be at least 5 days before the date of the hearing. Thereupon the council shall have power to act as in the first instance.
Mont. Code Ann. § 7-14-2128 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2128
7-14-2128 Designation of emergency area near construction project
Status: in_force

7-14-2128 . Designation of emergency area near construction project. (1) A board of county commissioners may designate a portion of a county or state secondary road as an emergency area if increased traffic due to a construction project threatens public safety.

(2) Notice of the designation shall be printed in a newspaper of general circulation in the county. The notice shall describe the portion of road to be designated as an emergency area and the reason for the designation. The board shall post the area or roads affected with adequate signs.

(3) The board shall remove the emergency designation within 30 days after the cessation of the increased traffic.
Mont. Code Ann. § 7-13-4301 — MT Code / Title 7 / Chapter 13 / Part 43 / Section 7-13-4301
7-13-4301 Establishment of sewage and water systems
Status: in_force

7-13-4301 . Establishment of sewage and water systems. Any city or town may:

(1) establish, build, construct, reconstruct, or extend:

(a) a storm or sanitary sewerage system;

(b) a plant or plants for treatment or disposal of sewage from the city or town;

(c) a water supply or distribution system; or

(d) any combination of systems; and

(2) operate and maintain the facilities for public use.
Mont. Code Ann. § 7-7-4209 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4209
7-7-4209 Amortization bonds
Status: in_force

7-7-4209 . Amortization bonds. The term "amortization bonds", as used in this part, means that form of bond on which a part of the principal is required to be paid each time that interest becomes due and payable. The part payment of principal increases with each following installment in the same amount that the interest payment decreases, so that the combined amount payable on both principal and interest is the same on each interest payment date. However, the payment on the initial payment date may be less or greater than the amount of other payments on the bond, reflecting the payment of interest only or the payment of interest for a period different from that between other interest payment dates. The final payment may vary in amount from the other payments to the extent resulting from rounding amounts in the other payments.
Mont. Code Ann. § 7-32-4155 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4155
7-32-4155 Role of police commission in hearing and deciding appeals brought by police officers
Status: in_force

7-32-4155 . Role of police commission in hearing and deciding appeals brought by police officers. (1) The police commission shall hear and decide appeals brought by any member or officer of the police department who has been disciplined, suspended, removed, or discharged by an order of the mayor, city manager, or chief executive.

(2) The police commission shall, at the time set for hearing an appeal of a police officer, hear and determine the appeal according to the rules of evidence applicable to courts of record in the state.
Mont. Code Ann. § 7-12-4193 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4193
7-12-4193 Pooling of bonds of districts in city
Status: in_force

7-12-4193 . Pooling of bonds of districts in city. (1) If the city council determines by resolution that the pooling of bonds of more than one special improvement district of the city is in the best interest of the city and the respective districts and will facilitate the sale of the bonds under more advantageous terms or with lower interest rates, the city may issue bonds of the districts combined in a single offering. Such bonds must be secured by the special improvement district revolving fund of the city.

(2) The title of the bonds issued pursuant to this section shall denote that bonds of different special improvement districts have been pooled and shall refer to the numbers of the districts. The bonds must be drawn against a sinking fund that has separate accounts for each special improvement district combined for financing purposes, into which accounts must be payable the assessments levied in each of the districts.
Mont. Code Ann. § 7-3-4266 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4266
7-3-4266 Report of proceedings and financial statement
Status: in_force

7-3-4266 . Report of proceedings and financial statement. The council shall monthly print in pamphlet form a detailed itemized statement of all of the receipts and expenses of the city and a summary of its proceedings during the preceding month and furnish printed copies of the statement to the state library, the city library, the daily newspaper of the city, and persons who apply for the statement at the office of the city clerk.
Mont. Code Ann. § 7-6-203 — MT Code / Title 7 / Chapter 6 / Part 2 / Section 7-6-203
7-6-203 Interest rates on deposits of public money
Status: in_force

7-6-203 . Interest rates on deposits of public money. (1) The bank, building and loan association, savings and loan association, or credit union in which the money is deposited shall pay on the money no less than the rate of interest as is paid on money from private sources on the same terms.

(2) Refusal of any bank, building and loan association, savings and loan association, or credit union to pay said interest rate shall constitute a waiver of that institution's right to participate in the deposit of public funds as set forth in this part.
Mont. Code Ann. § 7-14-2130 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2130
7-14-2130 Control of the movement of livestock on or near county roads
Status: in_force

7-14-2130 . Control of the movement of livestock on or near county roads. (1) Cattle guards, appurtenances, and gates may be constructed and maintained adjacent to county roads.

(2) Where a county road connects with a state or federal highway which is fenced on both sides, the board of county commissioners may construct and maintain extensions of the fence across the right-of-way of the intersecting county road. The board shall construct a pass which will permit passage of vehicles but will prevent loose livestock from passing onto the state or federal highway. In the extensions of the fence, there shall be maintained a gate to permit the passage of livestock and vehicles.

(3) Each board may construct on county roads passes which shall permit the travel of vehicles but which shall prevent the passage of loose livestock. Where necessary, gates shall be maintained to permit the passage of livestock. Such passes may be removed when, in the judgment of the board, the need therefor no longer exists.
Mont. Code Ann. § 7-7-4222 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4222
7-7-4222 Election required for bond issue relating to water and sewer systems
Status: in_force

7-7-4222 . Election required for bond issue relating to water and sewer systems. Bonds backed by the full faith and credit of the city or town and issued for the construction, purchase, or securing of a water plant, water system, water supply, sewage treatment and disposal plant, or sewer system may not be issued until the proposition has been submitted to a vote and the majority vote cast in favor thereof.
Mont. Code Ann. § 7-6-2401 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2401
7-6-2401 Creation of office of county auditor
Status: in_force

7-6-2401 . Creation of office of county auditor. (1) The office of county auditor exists in all counties having a population in excess of 15,000.

(2) County commissioners in counties to which subsection (1) does not apply may create a county auditor's position.

(3) A county auditor position required or created as provided in subsection (1) or (2) may be either a full-time or a part-time position or in combination with another position pursuant to 7-4-2301 as determined by the board of county commissioners.

(4) The provisions of 7-6-2403 through 7-6-2412 do not apply to counties that do not have county auditors.
Mont. Code Ann. § 7-33-2001 — MT Code / Title 7 / Chapter 33 / Part 20 / Section 7-33-2001
7-33-2001 Fire chief -- powers and duties
Status: in_force

7-33-2001 . Fire chief -- powers and duties. (1) A fire chief of a governmental fire agency organized under this chapter must be considered the highest ranking officer in the agency and is responsible for the operation of the agency, including but not limited to:

(a) development and implementation of agency programs and procedures;

(b) performance of agency personnel;

(c) preventing outbreak of fires;

(d) minimizing danger to persons and damage to property caused by fires; and

(e) providing and managing emergency services that are established by the agency and that are consistent with national standards. These services may include but are not limited to:

(i) fire suppression;

(ii) medical aid;

(iii) hazardous materials response;

(iv) ambulance service; and

(v) extrication from vehicles.

(2) In development of agency regulations, programs, and procedures, the fire chief is subject to applicable laws and ordinances.

(3) The fire chief serves under the direction of the trustees, if trustees have been designated to manage the fire agency under the provisions of this chapter. If the governing body retains management, then the fire chief serves under the direction of the governing body.

(4) The fire chief shall develop organizational and operational procedures and shall implement those procedures by issuing written administrative regulations and operational guidelines.

(5) In the event of a fire or other emergency involving the protection of life or property, the fire chief has the authority to direct any operation necessary to extinguish or control the fire or perform a rescue in coordination with other authorities having jurisdiction.

(6) The fire chief may investigate suspected or reported fires, gas leaks, or other hazardous conditions and may take any action necessary to protect public health and safety and protect property or mitigate damage to property in the exercise of the chief's duties.

(7) In the exercise of the authority provided in subsections (5) and (6), the fire chief may:

(a) enter any property;

(b) prohibit any person, vehicle, or thing from approaching the scene;

(c) remove or cause to be removed from the scene of the fire or other emergency any person, vehicle, or thing that the chief determines may interfere with the operations of the agency.

(8) (a) Subject to 50-3-102 (1)(c), the fire chief may investigate the cause, origin, and circumstances of every fire that occurs in the chief's jurisdiction that involves the loss of life, injury to a person, destruction of property, or damage to property.

(b) Subject to 50-3-102 (1)(c), as part of the investigation, the fire chief may take immediate charge of all physical evidence relating to the cause of the fire and may pursue the investigation to its conclusion.

(c) The fire chief may investigate the cause, origin, and circumstances of unauthorized releases of hazardous materials.

(9) (a) The fire chief may establish and maintain a program applicable to every community in the chief's jurisdiction that provides for:

(i) regular examination of fire hazards; and

(ii) regular inspection of commercial property, after the property has been approved for occupancy by a certified city, county, or town building code jurisdiction or the department of labor and industry's bureau of building and measurement standards, with particular emphasis on occupancies identified as high risk to life and property.

(b) The fire chief may establish a formal fire inspection program as authorized by the department of justice under 50-61-102 .

(10) The fire chief shall report all fires to the department of justice and shall use the national fire incident reporting system or other reporting method approved by the department of justice's fire prevention and investigation section.

(11) The fire chief is responsible for establishing and maintaining a training program for the agency and may use existing federal, regional, state, and local training resources. The agency's program must include training in all areas of emergency response in which the agency provides services.

(12) For the purposes of this section, "governmental fire agency" does not include municipal fire departments.
Mont. Code Ann. § 7-4-4502 — MT Code / Title 7 / Chapter 4 / Part 45 / Section 7-4-4502
7-4-4502 Duties of city clerk related to city records and papers
Status: in_force

7-4-4502 . Duties of city clerk related to city records and papers. The city clerk shall:

(1) file and keep all records, books, papers, or property belonging to the city or town and deliver the documents or property to the clerk's successor when qualified;

(2) make and certify copies of all records, books, and papers in the clerk's possession on the payment of fees that are allowed county clerks, which must be paid into the city treasury;

(3) make and keep a complete index of the journal, ordinance book, finance book, and all other books and papers on file in the clerk's office.
Mont. Code Ann. § 7-3-438 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-438
7-3-438 Superintendent of schools
Status: in_force

7-3-438 . Superintendent of schools. A superintendent of schools:

(1) may be elected;

(2) may be appointed by the local government commission;

(3) may be appointed by the presiding officer of the local government commission;

(4) may be selected as provided by ordinance;

(5) may at the discretion of the commission be selected as provided by ordinance; or

(6) may not be included in this form as a separate office.
Mont. Code Ann. § 7-5-4110 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4110
7-5-4110 Compensation and duties of city employees
Status: in_force

7-5-4110 . Compensation and duties of city employees. The city or town council has power to fix the compensation and to prescribe the duties of all employees of the city or town, subject to the limitations mentioned in this code.
Mont. Code Ann. § 7-2-2601 — MT Code / Title 7 / Chapter 2 / Part 26 / Section 7-2-2601
7-2-2601 Petition to remove county seat
Status: in_force

7-2-2601 . Petition to remove county seat. (1) Whenever the inhabitants of any county of this state desire to remove the county seat of a county from the place where it is fixed by law or otherwise to another place, they may present a petition to the board of county commissioners of their county, praying such removal, such place to be named in the petition, and that an election be held to determine whether or not such removal must be made.

(2) The petition to remove the county seat of the county from the place where it is fixed by law to another place must be presented at least 60 days prior to any action thereon being taken by the board of county commissioners. Action on said petition by the board must be had at a regular meeting of said board.
Mont. Code Ann. § 7-5-2143 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2143
7-5-2143 Membership in associations of clerks of district courts
Status: in_force

7-5-2143 . Membership in associations of clerks of district courts. (1) The county clerks of the district courts of the counties of Montana may take out county membership in and cooperate with associations and organizations of county clerks of the district courts of this state and of other states for the furtherance of good government and the protection of county interests.

(2) All county clerks of the district courts of the state are allowed actual transportation expenses and per diem for attendance at any general meeting of the Montana association of clerks of court held within the state, and the proportionate expenses and charges against each county as a member of the association must be paid by the county.
Mont. Code Ann. § 7-12-4323 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4323
7-12-4323 Assessment of costs -- area or taxable valuation option -- equal assessment option
Status: in_force

7-12-4323 . Assessment of costs -- area or taxable valuation option -- equal assessment option. (1) The city council may assess the entire cost of the lighting improvement against the entire district, each lot or parcel of land within the district to be assessed for that part of the whole cost that its:

(a) area bears to the area of the entire district, exclusive of streets, avenues, alleys, and public places; or

(b) taxable valuation, including improvements, bears to the taxable valuation of the entire district.

(2) The city council may assess the cost equally against each of the lots or parcels located within the district.

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

(4) In order to apportion the cost of any of the improvements provided in this part between the corner lot and the inside lots of a block, the council may, in the resolution creating a district, provide that whenever any of the improvements provided in this part are located along a side street or bordering or abutting upon the side of a corner lot of a block, the amount of the assessment against the property in the district to defray the cost of the improvements must be assessed so that each square foot of the land embraced within the corner lot bears double the amount of the cost of the improvement that a square foot of an inside lot bears.
Mont. Code Ann. § 7-3-183 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-183
7-3-183 Commission powers
Status: in_force

7-3-183 . Commission powers. (1) A study commission may employ and fix the compensation and duties of necessary staff. State, municipal, and county officers and employees, at the request of the study commission and with the consent of the employing agency, may be granted leave with or without pay from their agency to serve as consultants to the study commission. If leave with pay is granted, they may receive no other compensation from the study commission except mileage and per diem.

(2) A study commission may contract and cooperate with other agencies, public or private, that it considers necessary for assistance in carrying out the purposes for which the commission was established. Upon request of the presiding officer of the study commission, state agencies, counties, and other local governments and the officers and employees of those entities shall furnish or make available to the commission information that may be necessary for carrying out the commission's function.

(3) A study commission may:

(a) establish advisory boards and committees, including on them persons who are not members of the study commission;

(b) retain consultants; and

(c) do any other act consistent with and reasonably required to perform its function.
Mont. Code Ann. § 7-14-4660 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4660
7-14-4660 Expenses which may be paid by means of funding or refunding bonds
Status: in_force

7-14-4660 . Expenses which may be paid by means of funding or refunding bonds. The expenses referred to in 7-14-4659 (1) include:

(1) the difference in amount between the par value of the funding or refunding bonds and any amount less than par for which the funding or refunding bonds are sold;

(2) any amount necessary to be made available for the payment of interest upon such funding or refunding bonds from the date of sale thereof to date of payment of the bonds to be funded or refunded or to the date upon which the bonds to be funded or refunded will be paid pursuant to the call thereof or agreement with the holders thereof; and

(3) the premium, if any, necessary to be paid in order to call or retire the outstanding bonds and the interest accruing thereon to the date of the call or retirement.
Mont. Code Ann. § 7-2-2407 — MT Code / Title 7 / Chapter 2 / Part 24 / Section 7-2-2407
7-2-2407 Legal effect of transcribed records
Status: in_force

7-2-2407 . Legal effect of transcribed records. A certified copy of the records so transcribed and filed in the office of the county clerk and recorder of any segregated county may be introduced in evidence and shall have the same force and effect as certified copies of original records.
Mont. Code Ann. § 7-1-4146 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4146
7-1-4146 Reports of departments, boards, and authorities
Status: in_force

7-1-4146 . Reports of departments, boards, and authorities. (1) All departments, boards, and authorities shall file an annual report with the chief executive, who shall compile the reports and present them to the governing body.

(2) The chief executive may specify the form, content, and deadline for filing reports.
Mont. Code Ann. § 7-14-101 — MT Code / Title 7 / Chapter 14 / Part 1 / Section 7-14-101
7-14-101 Acquisition of property for controlled-access facility
Status: in_force

7-14-101 . Acquisition of property for controlled-access facility. The highway authorities of the counties, incorporated cities, and towns may, respectively or in cooperation with each other or the state, acquire private or public property and property rights for controlled-access highways or controlled-access facilities and service roads. The property rights may include rights of access, air, view, and light. The property rights may be acquired by gift, devise, purchase, or condemnation in the manner provided in Title 60, chapter 4, part 1, and Title 70, chapter 30.
Mont. Code Ann. § 7-14-4122 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4122
7-14-4122 Construction and maintenance of sidewalks, curbs, and gutters
Status: in_force

7-14-4122 . Construction and maintenance of sidewalks, curbs, and gutters. (1) The city or town council has power to regulate and provide for the construction or repair of sidewalks, foot pavements, curbs, gutters, or any combination thereof.

(2) If the owner of any lot fails to comply with the provisions of the ordinance within such time as may be prescribed thereby, the council may contract for the construction and repair of such sidewalks, pavements, curbs, gutters, or any combination thereof and the city or town may pay for the same. The amount so paid is a lien upon the lot and may be enforced or the amount may be recovered against the owner by a suit before any court of competent jurisdiction.
Mont. Code Ann. § 7-6-1604 — MT Code / Title 7 / Chapter 6 / Part 16 / Section 7-6-1604
7-6-1604 Impact fee advisory committee
Status: in_force

7-6-1604 . Impact fee advisory committee. (1) A governmental entity that intends to propose an impact fee ordinance or resolution shall establish an impact fee advisory committee.

(2) An impact fee advisory committee must include at least one representative of the development community. The committee shall review and monitor the process of calculating, assessing, and spending impact fees.

(3) The impact fee advisory committee shall serve in an advisory capacity to the governing body of the governmental entity.
Mont. Code Ann. § 7-7-2406 — MT Code / Title 7 / Chapter 7 / Part 24 / Section 7-7-2406
7-7-2406 Conduct of election and canvass of results
Status: in_force

7-7-2406 . Conduct of election and canvass of results. The election must be held in accordance with Title 13, chapter 1, part 4.
Mont. Code Ann. § 7-32-2127 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2127
7-32-2127 Prosecution of action involving county law enforcement personnel brought against executor or administrator
Status: in_force

7-32-2127 . Prosecution of action involving county law enforcement personnel brought against executor or administrator. Any action for default or misconduct of a sheriff, an undersheriff, detention center staff, or a deputy may be prosecuted against the executors or administrators of the sheriff.
Mont. Code Ann. § 7-16-2102 — MT Code / Title 7 / Chapter 16 / Part 21 / Section 7-16-2102
7-16-2102 Authorization for tax levy for parks and certain cultural, social, and recreational facilities
Status: in_force

7-16-2102 . Authorization for tax levy for parks and certain cultural, social, and recreational facilities. (1) Subject to 15-10-420 , the board of county commissioners may annually levy on the taxable property of the county, in the same manner and at the same time as other county taxes are levied, a tax for the purpose of maintaining, operating, and equipping parks, cultural facilities, and any county-owned civic center, youth center, recreation center, recreational complex, or any combination of purposes, parks, and facilities.

(2) (a) The board of county commissioners shall submit the question of imposing or the continued imposition of the property tax mill levy provided in subsection (1) to the electors of the county if a petition requesting an election, signed by at least 15% of the resident taxpayers of the county, is filed with the county clerk. The petition must be filed with the county clerk at least 90 days prior to the date of the election.

(b) The question must be submitted as provided in 15-10-425 .

(c) The board of county commissioners shall levy the tax if the question for the imposition of the tax is approved by a majority of the electors voting on the question.

(3) All laws applicable to the collection of county taxes apply to the collection of the tax provided for in this section.
Mont. Code Ann. § 7-12-2128 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2128
7-12-2128 Transfer of ownership of improvements -- petition -- hearing -- effect of transfer
Status: in_force

7-12-2128 . Transfer of ownership of improvements -- petition -- hearing -- effect of transfer. (1) Subject to the provisions of this section, a board of county commissioners may transfer the ownership of the improvements in a district to the owners of property in a district.

(2) (a) Upon receipt of a petition signed by at least 66% of the owners of real property in a district requesting that the ownership of the improvements be transferred, the board shall, after providing public notice pursuant to 7-1-2121 , hold a public hearing.

(b) The petition must include a description of the improvements that the petitioners are requesting be transferred, the reasons for the request, and a statement acknowledging that if the transfer occurs, the property owners assume responsibility for the operation and maintenance of the improvements.

(3) A copy of the notice must be mailed, as provided in 7-1-2122 , to each person, firm, or corporation or the agent of the person, firm, or corporation owning real property within the district.

(4) At the public hearing, the board shall accept comment regarding the proposed transfer.

(5) Within 60 days after the hearing, the board shall decide whether to transfer ownership of the improvements to the property owners or to continue the operation of the district and maintenance and control of the improvements as provided in this part.

(6) (a) If the board decides to transfer ownership of the improvements, the property owners in the district assume ownership and responsibility for the operation and maintenance of the improvements and the district ceases to exist.

(b) Any debts owed by or assets credited to the district become debts and assets of the property owners on the date that the transfer is approved by the board.
Mont. Code Ann. § 7-6-4004 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4004
7-6-4004 Budget fund structure
Status: in_force

7-6-4004 . Budget fund structure. Local government budgets must conform to the fund structure prescribed by the department of administration.
Mont. Code Ann. § 7-3-4223 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4223
7-3-4223 Granting of franchises -- election required
Status: in_force

7-3-4223 . Granting of franchises -- election required. A franchise or right to occupy or use the streets, highways, bridges, or public places in a city may not be granted, renewed, or extended except by ordinance. A franchise or grant for interurban or street railways, gasworks or waterworks, electric light or power plants, heating plants, telegraph or telephone systems, or other public service utilities or renewal or extension of the franchise or grant within the city must be authorized or approved by a majority of the electors voting on the issue at an election conducted in accordance with Title 13, chapter 1, part 4.
Mont. Code Ann. § 7-4-2619 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2619
7-4-2619 Indexes to recorded documents
Status: in_force

7-4-2619 . Indexes to recorded documents. Every county clerk, as ex officio recorder, must keep:

(1) an index of deeds, grants, and transfers and contracts to sell or convey real estate and notices of buyer's interest in real property labeled "Grantors", with each page divided into four columns headed, respectively: "Names of grantors", "Names of grantees", "Date of deeds, grants, transfers, contracts, or notices", and "Where recorded";

(2) an index of deeds and notices of buyer's interest in real property labeled "Grantees", with each page divided into four columns headed, respectively: "Names of grantees", "Names of grantors", "Date of deeds, grants, transfers, contracts, or notices", and "Where recorded";

(3) an index of mortgages labeled "Mortgages of real property", with each page divided into six columns headed, respectively: "Names of mortgagors", "Names of mortgagees", "Dates of mortgages", "Where recorded", "When filed", and "When canceled";

(4) an index of mortgages labeled "Mortgages of real property", with each page divided into six columns headed, respectively: "Names of mortgagees", "Names of mortgagors", "Dates of mortgages", "Where recorded", "When filed", and "When canceled";

(5) an index of mortgages labeled "Releases of mortgages of real property--Mortgagees", with each page divided into six columns headed, respectively: "Parties whose mortgages are released", "Parties releasing", "Date of release", "Where recorded", "Dates of mortgages released", and "Where mortgages released are recorded";

(6) an index of powers of attorney labeled "Powers of attorney", with each page divided into five columns headed, respectively: "Names of parties executing powers", "To whom powers are executed", "Date of powers", "Date of recording", and "Where powers are recorded";

(7) an index of leases labeled "Leases", with each page divided into four columns headed, respectively: "Names of lessors", "Names of lessees", "Date of leases", and "When and where recorded";

(8) an index of leases labeled "Lessees", with each page divided into four columns headed, respectively: "Names of lessees", "Names of lessors", "Date of leases", and "When and where recorded";

(9) an index of marriage certificates labeled "Marriage certificates--Men", with each page divided into six columns headed, respectively: "Men married", "To whom married", "When married", "By whom married", "Where married", and "Where certificates are recorded";

(10) an index of marriage certificates labeled "Marriage certificates--Women", with each page divided into six columns headed, respectively: "Women married" (and under this head placing the family names of the women), "To whom married", "When married", "By whom married", "Where married", and "Where certificates are recorded";

(11) an index of assignments of mortgages and leases labeled "Assignments of mortgages and leases--Assignors", with each page divided into five columns headed, respectively: "Assignors", "Assignees", "Instruments assigned", "Date of assignment", and "When and where recorded";

(12) an index of assignments of mortgages and leases labeled "Assignments of mortgages and leases--Assignees", with each page divided into five columns headed, respectively: "Assignees", "Assignors", "Instruments", "Date of assignment", and "When and where recorded";

(13) an index of wills labeled "Wills", with each page divided into four columns headed, respectively: "Names of testators", "Date of will", "Date of probate", and "When and where recorded";

(14) an index of official bonds labeled "Official bonds", with each page divided into five columns headed, respectively: "Names of officers", "Names of offices", "Date of bond", "Amount of bond", and "When and where recorded";

(15) an index of notices of construction liens labeled "Construction liens", with each page divided into three columns headed, respectively: "Parties claiming liens", "Against whom claimed", and "Notices, when filed";

(16) an index to transcripts of judgments labeled "Transcripts of judgments", with each page divided into seven columns headed, respectively: "Judgment debtors", "Judgment creditors", "Amount of judgment", "Where recovered", "When recovered", "When transcript filed", and "When judgment satisfied";

(17) an index of attachments labeled "Attachments", with each page divided into columns headed, respectively: "Parties against whom attachments are issued", "Parties issuing attachments", "Notices of attachments", "When filed", and "When attachments discharged";

(18) an index of notices of the pendency of actions labeled "Notices of actions", with each page divided into three columns headed, respectively: "Parties to actions", "Notices, when recorded", and "When filed";

(19) an index of certificates of sale of real estate sold under execution or under orders made in any judicial proceedings labeled "Certificates of sale", with each page divided into four columns headed, respectively: "Plaintiff", "Defendant", "Purchaser at sale", and "Date of sale";

(20) an index of the individual property of married persons labeled "Individual property of married persons", with each page divided into five columns headed, respectively: "Names of married persons", "Names of their spouses", "Nature of instruments recorded", "When recorded", and "Where recorded";

(21) an index to affidavits for annual work done on mining claims labeled "Annual work on mining claims", with each page divided into four columns headed, respectively: "Name of the affiant", "Name of the claim", "Where situated", and "Year when the work was done";

(22) an index of mining claims and declaratory statements labeled "Notices of location of mining claims and declaratory statements", with each page divided into four columns headed, respectively: "Locators", "Name of claim", "Notice, when filed", and "Where recorded";

(23) an index to the register of births and deaths;

(24) an index to notices and declarations of water rights;

(25) an index to the "estray and lost property book";

(26) an index to the record of assignments for the benefit of creditors, containing names of assignor and assignee, date and where recorded, and inventory, when filed;

(27) an index to financing statements as provided in Part 4 of the Uniform Commercial Code--Secured Transactions;

(28) an index to filed subdivision plats, containing number of lots, number of acres, filing date, and the location of the quarter section of each subdivision;

(29) an index to the book of maps and plats, which must contain the name of the proprietor of the town, village, or addition platted and a general description of the same;

(30) a miscellaneous index, in which must be indexed papers not hereinbefore stated.
Mont. Code Ann. § 7-6-2406 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2406
7-6-2406 Compensation of auditor
Status: in_force

7-6-2406 . Compensation of auditor. The county auditor receives the annual compensation provided by law, payable monthly by warrants drawn on the treasury of the county, and may not receive other compensation or emolument for any service rendered or performed, except actual expenses for living and traveling whenever the duties of office require the auditor's presence at any place in the county other than the county seat, and then only after the travel has been ordered and advised by the board of county commissioners.
Mont. Code Ann. § 7-15-4218 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4218
7-15-4218 Voter approval of urban renewal plan required when general obligation bonds to be used
Status: in_force

7-15-4218 . Voter approval of urban renewal plan required when general obligation bonds to be used. If the plan or any subsequent modification thereof involves financing by the issuance of general obligation bonds of the municipality as authorized in 7-15-4302 (1) or the financing of water or sewer improvements by the issuance of revenue bonds under the provisions of part 44 of chapter 7 or of part 43 of chapter 13, the question of approving the plan and issuing such bonds shall be submitted to a vote of the qualified electors of such municipality, in accordance with the provisions governing municipal general obligation bonds under chapter 7, part 42, at the same election and shall be approved by a majority of those qualified electors voting on such question.
Mont. Code Ann. § 7-33-1903 — MT Code / Title 7 / Chapter 33 / Part 19 / Section 7-33-1903
7-33-1903 Tobacco references and use prohibited
Status: in_force

7-33-1903 . Tobacco references and use prohibited. (1) A municipal or rural fire department, district, or service area may not display, advertise, or depict tobacco products or the use of tobacco products on state, county, or municipal property.

(2) A paid firefighter may not wear any form of clothing depicting tobacco products or tobacco use while engaged in firefighting duties.

(3) A paid or volunteer firefighter may not use tobacco products while engaged in firefighting work, on firefighting equipment, while attending any firefighting training, or on any worksite while engaging in firefighting duties.
Mont. Code Ann. § 7-14-4621 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4621
7-14-4621 General powers of parking commission
Status: in_force

7-14-4621 . General powers of parking commission. Each parking commission, subject to the limitations imposed by this part, shall have the following powers:

(1) to sue and be sued, have a seal, make and execute contracts and other instruments necessary or convenient to the exercise of its powers;

(2) to make and from time to time amend and repeal bylaws and rules, not inconsistent with this part, to carry into effect the powers and purposes thereof;

(3) to select and appoint or remove such officers, agents, counsel, and employees, permanent and temporary, as it may require and to determine their qualifications, duties, and compensation;

(4) to exercise all or any part or combination of the powers granted in this part;

(5) to do and perform any and all other acts and things necessary, convenient, desirable, or appropriate to carry out the provisions of this part.
Mont. Code Ann. § 7-11-203 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-203
7-11-203 Definitions
Status: in_force

7-11-203 . Definitions. As used in this part, the following definitions apply:

(1) "Commission" means an interlocal cooperation commission established pursuant to 7-11-204 .

(2) "Principal city" means the city having the largest population in the county under consideration according to the latest federal decennial census.

(3) "Unit of local government" means a county, city, or town.
Mont. Code Ann. § 7-3-1232 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1232
7-3-1232 Preliminary acts authorized prior to submission of certain ordinances to electors
Status: in_force

7-3-1232 . Preliminary acts authorized prior to submission of certain ordinances to electors. In case a petition is filed requiring that an ordinance passed by the commission providing for the expenditure of money, a bond issue, or a public improvement be submitted to a vote of the electors, all steps preliminary to such actual expenditure, actual issuance of bonds, or actual execution of the contract for such improvement may be taken prior to the election.
Mont. Code Ann. § 7-3-4461 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4461
7-3-4461 Department of law
Status: in_force

7-3-4461 . Department of law. (1) The head of the department of law must be an attorney who has been admitted to practice in the state of Montana and must be known as the city attorney.

(2) The department head is the legal adviser of and attorney and counsel for the municipality and for all the officers and departments of the municipality in matters relating to their official duties. The department head shall prosecute and defend all suits for and in behalf of the municipality and shall prepare all contracts, bonds, and other instruments in writing in which the municipality is concerned and shall endorse on each an approval of the form and correctness of the documents.

(3) The department head shall employ the number of assistants that the commission may authorize by ordinance.
Mont. Code Ann. § 7-13-4519 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4519
7-13-4519 Role of county attorney -- contracts for legal services
Status: in_force

7-13-4519 . Role of county attorney -- contracts for legal services. The board of directors may, by agreement with the commissioners, contract with the county attorney or an attorney licensed to practice law in the state of Montana to perform legal services for the local water quality district.
Mont. Code Ann. § 7-32-2249 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2249
7-32-2249 False claims by detention center administrator
Status: in_force

7-32-2249 . False claims by detention center administrator. A detention center administrator who falsely represents to the governing body of a local government the actual expenses of boarding detention center inmates, furnishing food and supplies, or providing services, who presents to the governing body false items in a claim or false vouchers, or if the administrator is not a private detention center administrator, who makes any profit from the keeping of inmates in the administrator's custody and a person who gives a false item or false voucher to be used by the detention center administrator in any claim against the local government is guilty of a misdemeanor.
Mont. Code Ann. § 7-10-205 — MT Code / Title 7 / Chapter 10 / Part 2 / Section 7-10-205
7-10-205 Authority to issue revenue bonds
Status: in_force

7-10-205 . Authority to issue revenue bonds. A regional resource authority may:

(1) issue its bonds to finance in whole or in part the cost of the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of any project;

(2) pledge to the punctual payment of the bonds issued under this part and interest on the bonds an amount of the revenue of the project or of any part of the project sufficient to pay the bonds and interest as the bonds and interest become due and create and maintain reasonable reserves for the payments.
Mont. Code Ann. § 7-14-4103 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4103
7-14-4103 Regulation of motor vehicles
Status: in_force

7-14-4103 . Regulation of motor vehicles. (1) Except as provided in 7-14-4116 , the council of an incorporated city or town may, by ordinance, regulate motor vehicles and their speed within the limits of the city or town and prescribe and enforce fines and penalties for violation of the regulations.

(2) As used in this section, the term "motor vehicles" has the meaning provided in 61-1-101 , except the term does not include authorized emergency vehicles as defined in 61-8-102 .
Mont. Code Ann. § 7-1-2121 — MT Code / Title 7 / Chapter 1 / Part 21 / Section 7-1-2121
7-1-2121 Publication and content of notice -- proof of publication
Status: in_force

7-1-2121 . Publication and content of notice -- proof of publication. (1) Unless otherwise specifically provided by law and except as provided in 13-1-108 , whenever a local government unit other than a municipality is required to give notice by publication, this section applies.

(2) A local government unit shall comply with the notice requirements of 2-3-103 , including publication of an agenda prior to a meeting.

(3) Publication must be in a newspaper meeting the qualifications of subsections (4) and (5), except that in a county where a newspaper does not meet these qualifications, publication must be made by posting the notice in three public places in the county designated by resolution of the governing body, one of which may be the county's website if the county has an active website.

(4) (a) The newspaper must:

(i) be of general circulation;

(ii) be published at least once a week;

(iii) be published in the county where the hearing or other action will take place; and

(iv) have, prior to July 1 of each year, submitted to the clerk and recorder a sworn statement that includes:

(A) circulation for the prior 12 months;

(B) a statement of net distribution;

(C) itemization of the circulation that is paid and that is free; and

(D) the method of distribution.

(b) A newspaper of general circulation does not include a newsletter or other document produced or published by the local government unit.

(5) In the case of a contract award, the newspaper must have been published continuously in the county for the 12 months preceding the awarding of the contract.

(6) If a person is required by law or ordinance to pay for publication, the payment must be received before the publication may be made.

(7) The notice must be published twice, with at least 6 days separating each publication.

(8) The published notice must contain:

(a) the date, time, and place of the hearing or other action;

(b) a brief statement of the action to be taken;

(c) the address and telephone number of the person who may be contacted for further information on the action to be taken; and

(d) any other information required by the specific section requiring notice by publication.

(9) A published notice required by law may be supplemented by a radio or television broadcast of the notice in the manner prescribed in 2-3-105 through 2-3-107 .

(10) Proof of the publication or posting of any notice may be made by affidavit of the owner, publisher, printer, or clerk of the newspaper or of the person posting the notice.

(11) If the newspaper fails to publish a second notice, the local government unit must be considered to have met the requirements of this section as long as the local government unit submitted the required information prior to the submission deadline and the notice was posted in three public places in the county that were designated by resolution and, if the county has an active website, was posted on the county's website at least 6 days prior to the hearing or other action for which notice was required.
Mont. Code Ann. § 7-7-2261 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2261
7-7-2261 Maintenance of accounts for bond issues
Status: in_force

7-7-2261 . Maintenance of accounts for bond issues. (1) The county treasurer of each county shall keep in the county's books a special and separate sinking fund account for each series or issue of outstanding bonds, including citizen bonds as provided in 7-7-2212 through 7-7-2215 , issued by the county. Each fund must at all times show the exact condition of the bonds.

(2) All taxes collected for interest and principal on county bonds must be placed to the credit of the sinking fund for which the taxes were levied.

(3) Interest from investment of money in a sinking fund account may, in the discretion of the board of county commissioners, be used as it accrues to fulfill or complete the specific project for which the bonds were issued.

(4) The sinking fund must be administered as provided in 7-7-123 , 7-7-124 , and 7-7-2270 .
Mont. Code Ann. § 7-12-4201 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4201
7-12-4201 Use of bonds and warrants
Status: in_force

7-12-4201 . Use of bonds and warrants. All costs and expenses incurred in the acquisition or construction of any improvements specified in part 41 in any improvement district or incurred in the issuance of the bonds or warrants of the district, including incidental expenses, shall be paid for by special improvement district bonds or warrants. The city or town council shall provide for making payments for improvements in any special improvement district by the method provided in 7-12-4204 and 7-12-4205 .
Mont. Code Ann. § 7-2-2602 — MT Code / Title 7 / Chapter 2 / Part 26 / Section 7-2-2602
7-2-2602 Filing of petition -- notice and hearing
Status: in_force

7-2-2602 . Filing of petition -- notice and hearing. (1) A petition for removal of a county seat must be filed with the county clerk.

(2) The county clerk, immediately upon the filing of the petition, shall publish a notice as provided in 7-1-2121 . The notice must state that the petition is open to inspection in the office of the county clerk.

(3) Any other or additional petition than the one originally filed may not be considered by the board.
Mont. Code Ann. § 7-2-2224 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2224
7-2-2224 Offices and supplies for new county
Status: in_force

7-2-2224 . Offices and supplies for new county. If the new county has a new county seat under 7-2-2221 , the board of county commissioners of the new county may provide a suitable place for the county officers and purchase supplies necessary for the proper conduct of the county government.
Mont. Code Ann. § 7-32-239 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-239
7-32-239 Special services officers -- authorization -- role
Status: in_force

7-32-239 . Special services officers -- authorization -- role. (1) Special services officers:

(a) are subordinate to full-time law enforcement officers;

(b) must be supervised by a law enforcement officer;

(c) shall complete specialized training and must possess specialized skills required by the chief law enforcement administrator; and

(d) may be authorized by the chief law enforcement administrator to carry a weapon while on assigned duty only upon successful completion of training in the laws and procedures governing use of force and upon demonstration of proficiency with that weapon.

(2) A local government may authorize special services officers only on the orders and at the direction of the chief law enforcement administrator of the local government.
Mont. Code Ann. § 7-4-2612 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2612
7-4-2612 Books for recording documents
Status: in_force

7-4-2612 . Books for recording documents. The county clerk, as ex officio recorder, shall procure books or other recording materials for records that the business of the office requires, but orders for the books or materials must first be obtained from the board of county commissioners.
Mont. Code Ann. § 7-14-1112 — MT Code / Title 7 / Chapter 14 / Part 11 / Section 7-14-1112
7-14-1112 Rules
Status: in_force

7-14-1112 . Rules. An authority may adopt, amend, and repeal such reasonable resolutions, rules, and orders as it considers necessary for its own administration, management, and governance as well as for the management, governance, and use of any transportation, storage, or other facility owned by it or under its control. No rule, order, or standard prescribed by the commission may be inconsistent with or contrary to any act of the congress of the United States or any regulation promulgated or standard established pursuant thereto. The authority shall keep on file at the principal office of the authority a copy of all its rules for public inspection.
Mont. Code Ann. § 7-2-2751 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2751
7-2-2751 Disposition of money of abandoned district
Status: in_force

7-2-2751 . Disposition of money of abandoned district. If, after all warrants issued and drawn by an abandoned and abolished district during its existence against its several funds and all warrants drawn and issued against said funds under the provisions of 7-2-2724 and 7-2-2741 have been fully paid, with the interest thereon:

(1) any balance remains in such funds, such balance, with any and all money thereafter accruing to any of such funds from the collection of delinquent taxes, unpaid licenses, and from other sources shall be deposited:

(a) to the credit of any special sinking and interest fund for the payment of district funding bonds issued under the provisions of 7-2-2745 (2), 7-2-2747 , and 7-2-2748 ; and

(b) if there be no such fund, then to the credit of any bond sinking and interest fund under 7-2-2749 and 7-2-2750 ; and

(2) after all warrants issued and drawn against any of such funds with the interest thereon, and all district funding bonds issued under the provisions of 7-2-2745 (2), 7-2-2747 , and 7-2-2748 and all bonds referred to in 7-2-2749 have been fully paid, then any balance remaining in any of such funds and all money accruing to any or all of such funds thereafter from any and all sources shall be deposited to the credit of such funds of the county designated in the petition for abandonment as the county to which the territory of the abandoned and abolished county has been attached and made a part, as its board of county commissioners may direct.
Mont. Code Ann. § 7-23-2109 — MT Code / Title 7 / Chapter 23 / Part 21 / Section 7-23-2109
7-23-2109 Vicious dog control
Status: in_force

7-23-2109 . Vicious dog control. (1) The county governing body may regulate, restrain, control, kill, or quarantine any vicious dog, whether the dog is licensed or unlicensed, by the adoption of an ordinance that substantially complies with the provisions of 7-5-103 through 7-5-107 .

(2) A violation of any ordinance established as provided in subsection (1) is a misdemeanor.

(3) For the purposes of this section, a "vicious dog" is defined as one that bites or attempts to bite any human being without provocation or that harasses, chases, bites, or attempts to bite any other animal. The term "animal" includes all livestock, service animals, and any domestic pet.
Mont. Code Ann. § 7-2-4101 — MT Code / Title 7 / Chapter 2 / Part 41 / Section 7-2-4101
7-2-4101 Petition to organize city or town
Status: in_force

7-2-4101 . Petition to organize city or town. (1) Whenever the inhabitants of any part of a county desire to organize as a city or town, the inhabitants may apply by petition, signed by not less than 300 registered electors or two-thirds of the registered electors, whichever is less, who are residents of the state and residing within the limits of the proposed city or town, to the board of county commissioners of the county in which the proposed area is situated.

(2) (a) The petition must describe the limits of the proposed city or town and wards of the proposed city or town. A proposed ward must contain 50 or more registered electors and must have at least 200 inhabitants for each square mile of land area.

(b) The proposed city or town must contain a post office, contract postal unit, or other similar unit operated by or under contract with the United States postal service within the proposed area of the city or town.

(c) Land used for production agriculture in tracts larger than 160 acres and land and facilities used for electric power generation, refining, or smelting may not be included in a proposed city or town without the written consent of the owners of the land.

(d) The petitioners shall attach to the petition a map of the proposed area to be incorporated and state the name of the proposed city or town.

(3) The petition and map must be filed in the office of the election administrator.
Mont. Code Ann. § 7-11-105 — MT Code / Title 7 / Chapter 11 / Part 1 / Section 7-11-105
7-11-105 Detailed contents of interlocal agreements
Status: in_force

7-11-105 . Detailed contents of interlocal agreements. (1) The contract authorized by 7-11-104 must specify the following:

(a) its duration;

(b) the precise organization, composition, and nature of any separate legal entity created by the contract;

(c) the purpose or purposes of the interlocal contract;

(d) the manner of financing the joint or cooperative undertaking and establishing and maintaining a budget for the undertaking;

(e) the permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and, if applicable, for disposing of property upon a partial or complete termination;

(f) provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking, including representation of the contracting parties on the joint board;

(g) if applicable, the manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking;

(h) the contracting party responsible for reports and payment of retirement system contributions pursuant to 19-2-506 ;

(i) if applicable, the manner of sharing the employment of a teacher or specialist under 20-4-201 , a superintendent under 20-4-401 , or a professional person licensed under Title 37; and

(j) any other necessary and proper matters.

(2) An agreement authorized by 7-11-104 between a city or town and a county that governs the adoption and enforcement of municipal zoning or subdivision regulations beyond the boundaries of a municipality pursuant to 76-2-310 and 76-2-311 may not exceed a term of 5 years, at which time both parties may mutually agree to renew the agreement.
Mont. Code Ann. § 7-1-4126 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4126
7-1-4126 Administrative rules
Status: in_force

7-1-4126 . Administrative rules. The governing body may by ordinance authorize the chief executive to adopt administrative rules. All administrative rules shall be entered in an administrative code that shall be available in the office of the municipality.
Mont. Code Ann. § 7-31-106 — MT Code / Title 7 / Chapter 31 / Part 1 / Section 7-31-106
7-31-106 Authorization for county to issue bonds -- election required
Status: in_force

7-31-106 . Authorization for county to issue bonds -- election required. (1) If the petition is presented to the board of county commissioners, the board shall, for the purpose of raising money to meet the payments under the terms and conditions of the contract and other necessary and proper expenses for the contract and for the approval or disapproval of the petition:

(a) ascertain, within 30 days after submission of the petition, the existing indebtedness of the county in the aggregate; and

(b) submit, after ascertaining the aggregate indebtedness, to the electors of the county the proposition to approve or disapprove the contract and the issuance of bonds necessary to carry out the contract. The election must be held in conjunction with a regular or primary election.

(2) The amount of the bonds authorized by this section may not exceed the debt limitation established in 7-7-2203 prior to the issuance of the bonds.
Mont. Code Ann. § 7-4-2715 — MT Code / Title 7 / Chapter 4 / Part 27 / Section 7-4-2715
7-4-2715 Records and reports
Status: in_force

7-4-2715 . Records and reports. The county attorney shall:

(1) deliver receipts for money or property received in an official capacity and file duplicates of the receipts with the county treasurer;

(2) on the first Monday of January, April, July, and October in each year file with the county clerk an account, verified by oath, of all money received by the county attorney in an official capacity during the preceding 3 months and at the same time pay it over to the county treasurer.
Mont. Code Ann. § 7-11-224 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-224
7-11-224 Preparation of comprehensive program
Status: in_force

7-11-224 . Preparation of comprehensive program. (1) The commission shall prepare a comprehensive program for the furnishing of local governmental services, on both countywide and urban area bases, as it deems desirable.

(2) Within 3 years after the date of its organization, the commission shall complete the preparation of its proposals for the provision of both urban area services and countywide services and shall provide for adequate publication and explanation of its program.
Mont. Code Ann. § 7-2-4911 — MT Code / Title 7 / Chapter 2 / Part 49 / Section 7-2-4911
7-2-4911 Certification of financial condition
Status: in_force

7-2-4911 . Certification of financial condition. (1) Upon receiving a certified copy of the order of disincorporation, the director of the department of administration shall certify a current statement of the financial condition of the disincorporating city or town to the board of county commissioners.

(2) The statement must include but is not limited to:

(a) a determination of all assets of the city or town, including any current or delinquent utility accounts and taxes receivable; and

(b) a statement of all city or town indebtedness, including any revenue or general obligation bonds, special improvement district obligations outstanding, contracts payable, all other obligations of the city, and a schedule for the repayment of indebtedness.
Mont. Code Ann. § 7-3-4365 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4365
7-3-4365 Investigations by commission
Status: in_force

7-3-4365 . Investigations by commission. (1) The commission or any committee of the commission authorized by the commission to do so may investigate the financial transactions of any office or department of the municipal government and the official acts of any municipal official and by similar investigations may secure information upon any matter.

(2) In conducting investigations, the commission or committee may compel the attendance of witnesses and the production of books, papers, and other evidence and for that purpose may issue subpoenas or attachments, which must be signed by the presiding officer of the commission or the presiding officer of the committee. The subpoenas or attachments may be served and executed by any officer authorized by law to serve subpoenas or other process. A witness may not be excused from testifying concerning the witness's knowledge of the matter under investigation in any inquiry, but the testimony may not be used against the witness in any criminal prosecution except for perjury committed upon the inquiry.
Mont. Code Ann. § 7-15-4302 — MT Code / Title 7 / Chapter 15 / Part 43 / Section 7-15-4302
7-15-4302 Authorization to issue general obligation bonds
Status: in_force

7-15-4302 . Authorization to issue general obligation bonds. (1) For the purpose of 7-15-4267 or for the purpose of aiding in the planning, undertaking, or carrying out of an urban renewal project or targeted economic development district project, the local government or municipality, in addition to any authority to issue bonds pursuant to 7-15-4301 , may issue and sell its general obligation bonds.

(2) Any bonds issued pursuant to this section must be issued in the manner and within the limitations prescribed by the laws of this state for the issuance and authorization of bonds by the local government or municipality for public purposes generally.

(3) Aiding in the planning, undertaking, or carrying out of an approved urban renewal project or targeted economic development district project is considered a single purpose for the issuance of general obligation bonds, and the proceeds of the bonds authorized for a project may be used to finance the exercise of the powers conferred upon the local government or municipality by Title 7, chapter 15, part 42, and this part that are necessary or proper to complete the project in accordance with the approved plan or ordinance and any modification to the ordinance that is duly adopted by the local governing body.

(4) If applicable, the local government or municipality 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. § 7-4-2620 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2620
7-4-2620 Details relating to indexes
Status: in_force

7-4-2620 . Details relating to indexes. (1) The county clerk may keep in the same volume any two or more of the indexes mentioned in 7-4-2619 , but the several indexes must be kept distinct from each other, with the volumes distinctly marked on the outside in such way as to show all the indexes kept therein.

(2) The names of the parties in the first column of the several indexes must be arranged in alphabetical order. When a conveyance is executed by a sheriff, the name of the sheriff and the party charged in the execution must both be inserted in the index. When an instrument is recorded to which an executor, administrator, or trustee is a party, the name of such executor, administrator, or trustee, together with the name of the testator or intestate or party for whom the trust is held, must be inserted in the index.
Mont. Code Ann. § 7-7-4316 — MT Code / Title 7 / Chapter 7 / Part 43 / Section 7-7-4316
7-7-4316 Advance refunding bonds
Status: in_force

7-7-4316 . Advance refunding bonds. (1) A city or town 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 outside 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 that is 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 city or town to the escrow account. The city or town 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 7-7-4201 or any other debt limitation.
Mont. Code Ann. § 7-3-1256 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1256
7-3-1256 Appointive officers not to seek other office
Status: in_force

7-3-1256 . Appointive officers not to seek other office. Any appointive officer or employee of the municipality who shall become a candidate for nomination or election to any public office shall immediately forfeit the office or employment held under the municipality.
Mont. Code Ann. § 7-13-4206 — MT Code / Title 7 / Chapter 13 / Part 42 / Section 7-13-4206
7-13-4206 Procedure to collect rentals
Status: in_force

7-13-4206 . Procedure to collect rentals. Said rentals shall be collected or taxed against the property in like manner as water rentals are collected and taxed or by such procedure as may be prescribed by the city or town council.
Mont. Code Ann. § 7-3-1341 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1341
7-3-1341 Department of law
Status: in_force

7-3-1341 . Department of law. (1) The department of law is in the charge of a director appointed by the commission without definite term who must be a resident and elector of the municipality and who must possess all of the qualifications required of county attorneys.

(2) The director has all the powers and, either personally or through designated assistants, shall perform all the duties that are prescribed for county attorneys, city attorneys, and public administrators, and in addition, the director is chief legal adviser of and attorney for the municipality and of all departments and offices of the municipality. The director shall perform other duties that may be required by the commission.

(3) The director shall qualify by taking the oath of office prescribed by the constitution and by giving a bond in the amount required of a county public administrator. For all purposes in connection with criminal prosecutions, the director must be known and designated as "county attorney of the city and county of .....".
Mont. Code Ann. § 7-6-1102 — MT Code / Title 7 / Chapter 6 / Part 11 / Section 7-6-1102
7-6-1102 Gross proceeds and short-term obligations authorized
Status: in_force

7-6-1102 . Gross proceeds and short-term obligations authorized. A local government may issue and sell gross proceeds obligations or short-term obligations as provided in this part in anticipation of taxes or revenues budgeted to be received and appropriated for expenditure during the fiscal year in which the obligations are issued. The proceeds of the obligations may be expended solely for the purposes for which the taxes or revenues were appropriated and for costs and expenses incident to the issuance and sale. Pending expenditure, the proceeds may be invested as provided by law. The principal and interest on short-term obligations must be repaid from the money derived from the taxes and revenues in anticipation of which they were issued, income from investment of the proceeds of the obligations, and any money otherwise legally available for this purpose.
Mont. Code Ann. § 7-11-306 — MT Code / Title 7 / Chapter 11 / Part 3 / Section 7-11-306
7-11-306 Publication of summary and comparison
Status: in_force

7-11-306 . Publication of summary and comparison. (1) A summary of the recommendations contained in a petition or recommendation and the service plan proposing the consolidation or transfer of a service or activity must be published at least twice in a newspaper of general circulation in each local government affected by the proposal. The publication must be made during the 2 weeks preceding the election.

(2) The summary must contain a description of the recommendations, a comparison of the existing and proposed methods of service delivery, and a list of locations where the full proposal may be seen or obtained.

(3) The cost of publication required by this section shall be shared by the affected local governments.
Mont. Code Ann. § 7-13-2328 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2328
7-13-2328 Sufficient vote required to issue bonds
Status: in_force

7-13-2328 . Sufficient vote required to issue bonds. (1) (a) When the board of directors canvasses the vote of a bond election, the board shall determine the approval or rejection of the bond proposition as provided in subsections (1)(b) through (1)(d) after calculating the percentage of qualified electors voting in the bond election in the following manner:

(i) determine the total number of electors of the district who were qualified to vote at the bond election;

(ii) determine the total number of qualified electors who voted at the bond election; and

(iii) calculate the percentage of qualified electors voting at the bond election by dividing the amount determined in subsection (1)(a)(ii) by the amount determined in subsection (1)(a)(i).

(b) When the calculated percentage in subsection (1)(a)(iii) is 40% or more, the bond proposition is approved and adopted if a majority of the votes were cast in favor of the proposition; otherwise it must be rejected.

(c) When the calculated percentage in subsection (1)(a)(iii) is more than 30% but less than 40%, the bond proposition is approved and adopted if 60% or more of the votes were cast in favor of the proposition; otherwise it must be rejected.

(d) When the calculated percentage in subsection (1)(a)(iii) is 30% or less, the bond proposition must be rejected.

(2) If the canvass of the vote establishes the approval and adoption of the bond proposition, then the board of directors may by resolution provide for the form and execution of the bonds and for the issuance of the bonds.
Mont. Code Ann. § 7-14-2531 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2531
7-14-2531 Definition of term single purpose
Status: in_force

7-14-2531 . Definition of term single purpose. (1) It shall be deemed a single purpose to:

(a) acquire a right-of-way for and construct a public highway, including any bridge or bridges thereon;

(b) contribute to the cost of a federal-aid bridge;

(c) contribute to the cost of a federal-aid highway project on a highway leading to a federal-aid bridge.

(2) Construction of two or more bridges not forming a part of the same public highway shall be deemed separate purposes.
Mont. Code Ann. § 7-32-2141 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2141
7-32-2141 Fees of sheriff
Status: in_force

7-32-2141 . Fees of sheriff. (1) For the services provided in subsections (1)(a) through (1)(n), the sheriff shall receive the fees, if any, set by the county governing body. If fees have not been set by the county governing body, the sheriff shall receive the following:

(a) for the service of summons and complaint on each defendant, $5;

(b) for making a return of a summons for a person not found in the county, in addition to actual mileage traveled, $5;

(c) for levying and serving each writ of attachment of execution on real or personal property, $5;

(d) for service of attachment on the body or order of arrest on each defendant, $5;

(e) for the service of affidavit, order, and undertaking in claim and delivery, $5;

(f) for serving a subpoena, $2.50 for each witness summoned;

(g) for serving a writ of possession or restitution, $5;

(h) for trial of the right of property or damages, including all services except mileage, $7;

(i) for taking bond or undertaking in any case authorized by law, $5;

(j) for serving every notice, rule, or order, $5 for each person served;

(k) for a copy of any writ, process, or other paper when demanded or required by law, 25 cents for each page;

(l) for posting notices and advertising any property for sale on execution or under any judgment or order of sale, exclusive of cost of publication, $5;

(m) for holding any sheriff's sale for personal or real property on execution or under any judgment or order of sale, $7.50;

(n) for cancellation or postponement of sheriff's sale, $5.

(2) All fees collected by the sheriff for the services provided in subsection (1) must be paid to the county treasurer as provided in 7-4-2511 (1), and the fees must be deposited by the county treasurer in the general fund of the county unless the county has instituted a public safety levy, in which case the fees must be deposited in the account established pursuant to 7-6-2513 .
Mont. Code Ann. § 7-10-208 — MT Code / Title 7 / Chapter 10 / Part 2 / Section 7-10-208
7-10-208 Projects to be self-supporting
Status: in_force

7-10-208 . Projects to be self-supporting. (1) A regional resource authority issuing bonds pursuant to this part shall prescribe and collect reasonable rates, fees, or charges for the services, facilities, and commodities of the project and shall revise the rates, fees, or charges from time to time whenever necessary so that the project is and remains self-supporting. The property taxes specifically authorized to be levied for the general purpose served by the project constitute revenue of the project and may not result in a project being considered not self-supporting.

(2) The rates, fees, or charges prescribed, along with any appropriated property tax collections, must produce revenue at least sufficient to:

(a) pay when due all bonds and interest on the bonds for the payment of which the revenue has been pledged, charged, or otherwise encumbered, including reserves for the bonds; and

(b) provide for all expenses of operation and maintenance of the project, including reserves.
Mont. Code Ann. § 7-7-4214 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4214
7-7-4214 Zero-coupon and capital appreciation bonds
Status: in_force

7-7-4214 . Zero-coupon and capital appreciation bonds. The terms "zero-coupon bonds" and "capital appreciation bonds", as used in Title 7, chapter 7, part 42, mean those forms of bonds that make no periodic interest payments but rather are sold at a discount from their face value.
Mont. Code Ann. § 7-5-4107 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4107
7-5-4107 Municipal census
Status: in_force

7-5-4107 . Municipal census. The city or town council has power to take a census of the inhabitants of a city or town at any time.
Mont. Code Ann. § 7-3-441 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-441
7-3-441 Public administrator
Status: in_force

7-3-441 . Public administrator. A public administrator:

(1) may be elected;

(2) may be appointed by the local government commission;

(3) may be appointed by the presiding officer of the local government commission;

(4) may be selected as provided by ordinance;

(5) may at the discretion of the commission be selected as provided by ordinance; or

(6) may not be included in this form as a separate office.
Mont. Code Ann. § 7-2-2759 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2759
7-2-2759 Distribution of money derived from acquired property
Status: in_force

7-2-2759 . Distribution of money derived from acquired property. (1) Money received from leases or sales of real or personal property by any county other than the county designated in the petition for abandonment as the county to which the territory of the abandoned county is to be allocated shall be transmitted by the officers of such county to the treasurer of the county designated in such petition for abandonment.

(2) All money received from the sale of personal property and from the leasing or sale of real estate, after deducting therefrom the amounts paid appraisers and for publishing notices of sale, shall be used and applied as follows:

(a) if there are any warrants issued and outstanding against any of the funds of the abandoned and abolished county, such money shall be applied in payment of such warrants and interest;

(b) if there are no warrants outstanding but district bonds have been issued under the provisions of 7-2-2745 (2), 7-2-2747 , and 7-2-2748 , then the money shall be deposited in the sinking and interest fund for district bonds;

(c) if there are no district bonds outstanding, then the money shall be deposited to the credit of the sinking and interest funds for bonds issued and outstanding when the abandoned and abolished county ceased to exist; and

(d) if there are no bonds outstanding, then the money shall be apportioned to all of the counties to which parts of the abandoned county were attached in the proportion which the taxable value of the property in each part on January 1 immediately preceding the abandonment bears to the taxable value of all the property in the abandoned county, and the apportioned money shall be deposited in the funds of each county as the boards of county commissioners of the counties may direct.
Mont. Code Ann. § 7-15-4233 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4233
7-15-4233 Powers which may be exercised by urban renewal agency or authorized department
Status: reserved

7-15-4233 . Powers which may be exercised by urban renewal agency or authorized department. (1) In the event the local governing body makes the determination provided for in 7-15-4232 , the local governing body may authorize the urban renewal agency or department or other officers of the municipality to exercise any of the following urban renewal project powers:

(a) to formulate and coordinate a workable program as specified in 7-15-4209 ;

(b) to prepare urban renewal plans, except that the local governing body shall approve the inclusion of a tax increment provision;

(c) to prepare recommended modifications to an urban renewal project plan;

(d) to undertake and carry out urban renewal projects as required by the local governing body;

(e) to make and execute contracts as specified in 7-15-4251 , 7-15-4254 , 7-15-4255 , and 7-15-4281 , with the exception of contracts for the purchase or sale of real or personal property;

(f) to disseminate blight clearance and urban renewal information;

(g) to exercise the powers prescribed by 7-15-4255 , except the power to agree to conditions for federal financial assistance and imposed pursuant to federal law relating to salaries and wages shall be reserved to the local governing body;

(h) to enter any building or property in any urban renewal area in order to make surveys and appraisals in the manner specified in 7-15-4257 ;

(i) to improve, clear, or prepare for redevelopment any real or personal property in an urban renewal area;

(j) to insure real or personal property as provided in 7-15-4258 ;

(k) to effectuate the plans provided for in 7-15-4254 ;

(l) to prepare plans for the relocation of families displaced from an urban renewal area and to coordinate public and private agencies in such relocation;

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

(n) to conduct appraisals, title searches, surveys, studies, and other preliminary plans and work necessary to prepare for the undertaking of urban renewal projects;

(o) to negotiate for the acquisition of land;

(p) to study the closing, vacating, planning, or replanning of streets, roads, sidewalks, ways, or other places and to make recommendations with respect thereto;

(q) to organize, coordinate, and direct the administration of the provisions of this part and part 43;

(r) to perform duties as directed by the local governing body to make the necessary arrangements for the exercise of the powers and performance of the duties and responsibilities entrusted to the local governing body.

(2) Any powers granted in this part or part 43 that are not included in subsection (1) as powers of the urban renewal agency or a department or other officers of a municipality in lieu of the local governing body may only be exercised by the local governing body or other officers, boards, and commissions as provided under existing law.
Mont. Code Ann. § 7-13-4309 — MT Code / Title 7 / Chapter 13 / Part 43 / Section 7-13-4309
7-13-4309 Procedure to collect sewer or water charges
Status: in_force

7-13-4309 . Procedure to collect sewer or water charges. (1) Sewer or water charges must be collected by the treasurer.

(2) On or before July 7 of each year, notice must be given by the city treasurer or town clerk to the owners of all lots or parcels of real estate to which sewer or water service has been furnished prior to July 1 by the city or town. The notice must specify the assessment owing and in arrears at the time of giving notice. The notice must be in writing and must state the amount of arrearage, including any penalty and interest assessed pursuant to the provisions of the city or town ordinance, and that unless the amount is paid within 30 days of the notice, the amount will be levied as a tax against the lot or parcel of real estate to which sewer or water service was furnished and for which payment is delinquent. The notice must also state that the city or town may by suit collect past-due assessments, interest, and penalties, as a debt owing the city or town, in any court of competent jurisdiction, including city court. The notice may be delivered to the owner personally or by letter addressed to the owner at the post-office address of the owner as shown in property tax records maintained by the department of revenue.

(3) (a) Except as provided in subsection (3)(b), at the time that the annual tax levy is certified to the county clerk, the city treasurer or town clerk shall certify and file with the department of revenue a list of all lots or parcels of real estate, giving the legal description of the lot or parcel, to the owners of which notices of arrearage in payments were given and which arrearage remains unpaid and stating the amount of the arrearage, including any penalty and interest. The department of revenue shall insert the amount as a tax against the lot or parcel of real estate.

(b) In cities where the council has provided by ordinance for the collection of taxes, the city treasurer shall collect the delinquent amount, including penalty and interest, as a tax against the lot or parcel of real estate to which sewer or water service was furnished and payment for which is delinquent.

(4) A city or town may, in addition to pursuing the collection of assessments in the same manner as a tax, bring suit in any court of competent jurisdiction, including city court, to collect the amount due and owing, including penalties and interest, as a debt owing the city or town.
Mont. Code Ann. § 7-4-2203 — MT Code / Title 7 / Chapter 4 / Part 22 / Section 7-4-2203
7-4-2203 County officers
Status: in_force

7-4-2203 . County officers. (1) There may be elected or appointed the following county officers, who shall possess the qualifications for suffrage prescribed by the Montana constitution and other qualifications as may be prescribed by law:

(a) one county attorney;

(b) one clerk of the district court;

(c) one county clerk;

(d) one sheriff;

(e) one treasurer;

(f) one auditor if authorized by 7-6-2401 ;

(g) one county superintendent of schools;

(h) one county surveyor;

(i) one assessor;

(j) one coroner;

(k) one public administrator; and

(l) at least one justice of the peace.

(2) The commissioners may appoint at their discretion constables. More than one constable may be appointed for each justice's court.

(3) All elective township officers may be elected at each general election as now provided by law.
Mont. Code Ann. § 7-12-4174 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4174
7-12-4174 Inclusion and assessment of unplatted, undedicated, or unsurveyed land in improvement district -- inclusion of condominium property
Status: in_force

7-12-4174 . Inclusion and assessment of unplatted, undedicated, or unsurveyed land in improvement district -- inclusion of condominium property. (1) Whenever an unplatted, undedicated, or unsurveyed lot, piece, or parcel of land that separates one platted part of the city from another platted part of the city, lying wholly within the boundaries of any city or town and except land owned by the United States, abuts or borders upon any special improvement district or is included within the boundaries of any special improvement district of a city or town, the city or town council may include the land within a special improvement district in the same manner as other property is included within the special improvement district. The special improvement district may assess the included land for its proportionate share of the cost of making or maintaining those improvements in the same manner as other property within the special improvement district.

(2) For assessment purposes, whenever property created as a condominium is included within the boundaries of any special improvement district, each unit within the condominium is considered a separate parcel of real property subject to separate assessment and the lien of the assessment. Each unit must be assessed for the unit's percentage of undivided interest in the common elements of the condominium. The percentage of the undivided ownership interest must be as set forth in the condominium declaration.
Mont. Code Ann. § 7-13-2209 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2209
7-13-2209 Application to include benefited lands
Status: in_force

7-13-2209 . Application to include benefited lands. A person whose lands are benefited by the district may, in the discretion of the board of county commissioners, have the lands included within the proposed district upon application to the board of county commissioners of the county in which the lands are located.
Mont. Code Ann. § 7-3-1324 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1324
7-3-1324 Alteration of contracts
Status: in_force

7-3-1324 . Alteration of contracts. When it becomes necessary in the opinion of the manager to make alterations or modifications in any contract entered into by the municipality, such alterations shall be made only when authorized by the commission upon the written recommendation of the manager. No such alteration shall be valid unless the new price to be paid for any supplies, material, or work under the altered or modified contract shall have been agreed upon in writing and signed by the contractor and the manager prior to such authorization by the commission.
Mont. Code Ann. § 7-4-2814 — MT Code / Title 7 / Chapter 4 / Part 28 / Section 7-4-2814
7-4-2814 Preparation of surveys
Status: in_force

7-4-2814 . Preparation of surveys. (1) (a) The county surveyor shall:

(i) make any survey that is required by order of the court or upon application of any person;

(ii) keep a correct and fair record of all surveys made by the county surveyor;

(iii) number the surveys progressively in the order made; and

(iv) preserve a copy of the field notes and calculations of each survey and endorse on the copy its proper number.

(b) A copy of the field notes and calculations of each survey and a fair and accurate plat, together with the certificate of survey, must be furnished by the county surveyor to any person upon payment of the fees allowed by law.

(c) In all surveys the courses must be expressed according to the true meridian and the variation of the magnetic meridian from the true meridian must be expressed on the plat with the date of the survey.

(2) The county surveyor shall also keep a correct and plain record of all surveys made by the county surveyor for the county or for individuals or corporations that pertain to the public roads or bridges in a book provided for that purpose by the county, which must be transmitted to the successor in office.
Mont. Code Ann. § 7-14-4635 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4635
7-14-4635 Authority to establish lien on charges for payment of bonds
Status: in_force

7-14-4635 . Authority to establish lien on charges for payment of bonds. The commission may provide that bond redemption and the interest payment shall constitute a first, direct, and exclusive charge and lien on all such fees, charges, and other revenues and interest thereon and sinking funds created therefrom received from the use and operation of the project for the acquisition, construction, or completion of which such revenue bonds were issued. All such fees and charges and other revenues, together with the interest thereon, shall constitute a trust fund for the security and payment of such bonds and shall not be used or pledged for any other purpose so long as such bonds (or any of them) are outstanding and unpaid.
Mont. Code Ann. § 7-15-4232 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4232
7-15-4232 Authorization to assign urban renewal powers to municipal departments or to create urban renewal agency
Status: in_force

7-15-4232 . Authorization to assign urban renewal powers to municipal departments or to create urban renewal agency. When a municipality has made the finding prescribed in 7-15-4210 and has elected to have the urban renewal project powers exercised as specified in 7-15-4233 :

(1) such urban renewal project powers may be assigned to a department or other officers of the municipality or to any existing public body corporate; or

(2) the legislative body of a city may create an urban renewal agency in such municipality, to be known as a public body corporate, to which such powers may be assigned.
Mont. Code Ann. § 7-32-2247 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2247
7-32-2247 Annoyance of inmate prohibited -- penalty
Status: in_force

7-32-2247 . Annoyance of inmate prohibited -- penalty. (1) The detention center administrator or staff member in charge of an inmate must use necessary and proper means to protect an inmate from purposeful or knowing insults and annoyance by others and to prevent others from communicating with the inmate while the inmate is at or is going to or returning from employment.

(2) A person persisting in purposefully or knowingly insulting, annoying, or communicating with an inmate after being told by the detention center administrator or staff member to desist commits the offense of inmate annoyance.

(3) A person convicted of the offense of inmate annoyance shall be fined an amount not to exceed $500.
Mont. Code Ann. § 7-6-213 — MT Code / Title 7 / Chapter 6 / Part 2 / Section 7-6-213
7-6-213 Repurchase agreements -- bidding
Status: in_force

7-6-213 . Repurchase agreements -- bidding. (1) After qualifying as provided in subsection (5), a financial institution may contract with a local governing body to establish one or more repurchase agreements, including daily repurchase agreements.

(2) A repurchase agreement is a contract that specifies the minimum and maximum of public money that the local governing body will invest under the contract in securities that the financial institution will sell to the local governing body and that the financial institution will repurchase on mutually agreeable terms.

(3) A repurchase agreement is not a demand account.

(4) The local governing body may maintain in the same financial institution contracting for the repurchase agreement a demand account into which each business day shall be deposited a sum equal to the day's disbursements, and that deposit will be the proceeds of the redemption by the financial institution of securities previously purchased by the local governing body under the provisions of the repurchase agreement, so that the balance of the demand account at the close of each day's business will be zero.

(5) The local governing body shall call for bids as provided in 7-6-206 to contract for a repurchase agreement from all financial institutions chartered to do business in the state of Montana which are authorized to accept demand deposits and to buy and sell securities. The call for bids shall specify the minimum acceptable rate of interest, effective date of the repurchase agreement and the period of duration and range of funds to be invested.
Mont. Code Ann. § 7-5-103 — MT Code / Title 7 / Chapter 5 / Part 1 / Section 7-5-103
7-5-103 Ordinance requirements
Status: in_force

7-5-103 . Ordinance requirements. (1) All ordinances must be submitted in writing in the form prescribed by resolution of the governing body.

(2) An ordinance passed may not:

(a) contain more than one comprehensive subject, which must be clearly expressed in its title, except ordinances for codification and revision of ordinances;

(b) compel a private business to deny a customer of the private business access to the premises or access to goods or services;

(c) deny a customer of a private business the ability to access goods or services provided by the private business; or

(d) include any of the following actions for noncompliance with a resolution or ordinance that includes actions described in subsections (2)(b) and (2)(c):

(i) allow for the assessment of a fee or fine;

(ii) require the revocation of a license required for the operation of a private business;

(iii) find a private business owner guilty of a misdemeanor; or

(iv) bring any other retributive action against a private business owner, including but not limited to criminal charges.

(3) The prohibition provided in subsection (2)(c) does not apply to persons confirmed to have a communicable disease and who are currently under a public quarantine order.

(4) The prohibitions provided in subsections (2)(b) through (2)(d) do not apply to:

(a) the adoption of an ordinance allowed in 75-7-411 ;

(b) the enforcement of zoning provisions as allowed in 76-2-113 and 76-2-210 ; or

(c) the enforcement of an ordinance pursuant to 76-2-308 (2).

(5) An ordinance must be read and adopted by a majority vote of members present at two meetings of the governing body not less than 12 days apart. After the first adoption and reading, it must be posted and copies must be made available to the public.

(6) After passage and approval, all ordinances must be signed by the presiding officer of the governing body and filed with the official or employee designated by ordinance to keep the register of ordinances.

(7) As used in this section, "private business" means an individual or entity that is not principally a part of or associated with a government unit and that has an established physical location within the boundaries of the county or municipality. The term includes but is not limited to a nonprofit or for-profit entity, a corporation, a sole proprietorship, or a limited liability company.
Mont. Code Ann. § 7-7-4224 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4224
7-7-4224 Petition to request election
Status: in_force

7-7-4224 . Petition to request election. (1) A petition asking that an election be held on the question of issuing bonds must be signed by not less than 20% of the qualified electors of the city or town. The petition must give the street and house number, if any, and the voting precinct of each person signing the petition.

(2) Each petition for the calling of an election to vote upon the question of issuing bonds must plainly and clearly state the purpose or purposes for which it is proposed to issue bonds and must contain an estimate of the amount necessary to be issued for the purpose or purposes. There may be a separate petition for each purpose, or two or more purposes may be combined in one petition if each purpose, with an estimate of the amount of bonds to be issued, is separately stated in the petition.

(3) The petition may consist of one sheet or of several sheets, identical in form and fastened together after being circulated and signed so as to form a single complete petition before being delivered to the city or town clerk as provided in this part.

(4) Only persons who are qualified to sign petitions are qualified to circulate the petitions, and there must be attached to the completed petition the affidavit of some person who circulated or assisted in circulating the petition that the person believes the signatures on the petition are genuine and that the signers knew the contents of the petition before signing the petition.
Mont. Code Ann. § 7-7-4226 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4226
7-7-4226 Resolution to submit question of issuing bonds to voters
Status: in_force

7-7-4226 . Resolution to submit question of issuing bonds to voters. (1) When the governing body of any municipality considers it necessary to issue bonds pledging the general credit of the municipality pursuant to a statute of this state, the governing body shall pass and adopt a resolution.

(2) The resolution must:

(a) recite the purpose or purposes for which it is proposed to issue the bonds;

(b) fix the amount of bonds to be issued for each purpose;

(c) determine the number of years through which the bonds are to be paid, not exceeding the limits fixed in 7-7-4205 ; and

(d) unless the bonds are revenue bonds not pledging the general credit of the municipality, make provisions that are necessary for submitting the question to the registered electors of the city or town at an election conducted in accordance with Title 13, chapter 1, part 4.

(3) Whenever the bond issuance is proposed by petition, the governing body shall, before submitting the measure to the electors, pass a resolution containing the information required in this section and setting forth the essential facts in regard to the filing and presentation of the petition.
Mont. Code Ann. § 7-8-2515 — MT Code / Title 7 / Chapter 8 / Part 25 / Section 7-8-2515
7-8-2515 Apportionment and distribution of revenue from land
Status: in_force

7-8-2515 . Apportionment and distribution of revenue from land. (1) Except as provided in subsection (2), all proceeds from use or disposition of lands pursuant to the terms of this part must be deposited in the county's general fund.

(2) Revenue realized by a county from the sale, exchange, or disposal of lands dedicated to public use for park or playground purposes must be paid into the park fund and used in the manner prescribed in 76-3-621 for cash received in lieu of dedication.
Mont. Code Ann. § 7-3-1348 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1348
7-3-1348 Superintendent of schools
Status: in_force

7-3-1348 . Superintendent of schools. The commission shall, by majority vote of all its members, appoint a municipal superintendent of schools to serve without definite term but subject to removal at the pleasure of the commission. The superintendent of schools for any district within the municipality may, with the consent of the trustees of that district, be appointed to serve as municipal superintendent. The compensation of the municipal superintendent must be fixed by the commission, and the superintendent has the powers and shall perform the duties prescribed for county superintendents of schools by the laws of the state.
Mont. Code Ann. § 7-4-2913 — MT Code / Title 7 / Chapter 4 / Part 29 / Section 7-4-2913
7-4-2913 Payment of costs of inquest
Status: in_force

7-4-2913 . Payment of costs of inquest. Whenever an inquest is held because of the death of an individual confined in the state prison, the county clerk of the county where the inquest is held shall make out a statement of all the costs incurred by the county in the inquest, properly certified by the coroner of the county. This statement must be sent to the department of corrections for approval, and after approval, the department shall pay the costs out of the money appropriated for the support of the state prison to the county treasurer of the county where the inquest was held.
Mont. Code Ann. § 7-32-305 — MT Code / Title 7 / Chapter 32 / Part 3 / Section 7-32-305
7-32-305 Purchase of firearm by retiring law enforcement officer
Status: in_force

7-32-305 . Purchase of firearm by retiring law enforcement officer. A sheriff or other peace officer, as defined in 7-32-303 , who is terminating from service and is eligible for a retirement benefit from a retirement plan under Title 19, chapters 6 through 9, 19, or 21, may request to purchase firearms that have been issued to the sheriff or peace officer and that are legal for a private citizen to possess. If the request is accepted, the parties shall agree on the purchase price, not to exceed fair market value.
Mont. Code Ann. § 7-12-4612 — MT Code / Title 7 / Chapter 12 / Part 46 / Section 7-12-4612
7-12-4612 Collection method -- utility options -- resolution of assessment
Status: in_force

7-12-4612 . Collection method -- utility options -- resolution of assessment. The city council may assess the costs of fire hydrant maintenance through a resolution of assessment or it may collect the costs by assessing them along with water and sewer fees.
Mont. Code Ann. § 7-2-2512 — MT Code / Title 7 / Chapter 2 / Part 25 / Section 7-2-2512
7-2-2512 Effect of name change on district court
Status: in_force

7-2-2512 . Effect of name change on district court. The terms of the district court in and for said county, as theretofore established by the court or a judge thereof under the former name of the county, shall become the terms of said court for the county under its new name and shall be held as stated, in and for said county under its former name.
Mont. Code Ann. § 7-4-3002 — MT Code / Title 7 / Chapter 4 / Part 30 / Section 7-4-3002
7-4-3002 Office of county treasurer
Status: in_force

7-4-3002 . Office of county treasurer. The duties and functions of the treasurer's office are provided for in part 21, chapter 6.
Mont. Code Ann. § 7-7-4302 — MT Code / Title 7 / Chapter 7 / Part 43 / Section 7-7-4302
7-7-4302 Applicability of certain other bond provisions
Status: in_force

7-7-4302 . Applicability of certain other bond provisions. (1) The provisions of 7-7-4201 through 7-7-4206 , 7-7-4208 through 7-7-4210 , 7-7-4255 through 7-7-4266 , 7-7-4268 through 7-7-4270 , and 7-7-4272 through 7-7-4274 apply to refunding bonds issued under this part; however, the city or town council may at its option sell bonds issued under this part at a private negotiated sale or at a public sale conducted pursuant to the provisions of 7-7-4251 , 7-7-4252 , and 7-7-4254 .

(2) If a refunding bond issue refunds only a portion of an outstanding bond issue, the unrefunded portion of the outstanding bond issue and the refunding bond issue must be treated as a single bond issue for the purposes of 7-7-4210 .
Mont. Code Ann. § 7-3-4451 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4451
7-3-4451 Prohibition on exclusive grant or franchise
Status: in_force

7-3-4451 . Prohibition on exclusive grant or franchise. No exclusive grant or renewal shall ever be granted, and no grant shall be renewed before 2 years prior to its expiration.
Mont. Code Ann. § 7-2-2752 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2752
7-2-2752 Liability for and payment of indebtedness of abandoned county
Status: in_force

7-2-2752 . Liability for and payment of indebtedness of abandoned county. It is intended by the provisions of this part that no part of the indebtedness of an abandoned and abolished county shall be assumed by, become an obligation of, or be paid by a county to which the territory of the abandoned and abolished county is attached and made a part, but that all money in all funds of an abandoned and abolished county at the time it ceases to exist and all money thereafter received by such funds from the payment of delinquent taxes and unpaid licenses and from all other sources owing to such county at the time it ceased to exist and all money received from the rental or sale of the property owned by such county shall be used for the payment of its indebtedness existing at the time it ceased to exist and the cost and expense of attaching its territory to and making it a part of any adjoining county. Such county to which any part of its territory is attached and made a part shall receive only such balance of any such money as may remain after all of the indebtedness and cost are fully paid.
Mont. Code Ann. § 7-14-1632 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1632
7-14-1632 Mill levy authorized
Status: in_force

7-14-1632 . Mill levy authorized. The authority may certify annually to the board of county commissioners the amount of money necessary for the operation of the authority. Upon approval by the electorate, the board shall annually, at the time of levying county taxes, fix and levy a tax in mills upon all property within the boundaries of the authority clearly sufficient to raise the amount certified by the authority.
Mont. Code Ann. § 7-21-3302 — MT Code / Title 7 / Chapter 21 / Part 33 / Section 7-21-3302
7-21-3302 Acquisition of property for establishment and maintenance of public markets
Status: in_force

7-21-3302 . Acquisition of property for establishment and maintenance of public markets. The boards of county commissioners within Montana may acquire by purchase, lease, construction, or otherwise suitable grounds, buildings, and quarters for the establishing, conducting, operating, and maintaining of a public market open to the farmers, gardeners, and actual producers of farm products within their respective counties.
Mont. Code Ann. § 7-7-2215 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2215
7-7-2215 Zero-coupon bonds and capital appreciation bonds
Status: in_force

7-7-2215 . Zero-coupon bonds and capital appreciation bonds. The terms "zero-coupon bonds" and "capital appreciation bonds", as used in this part, mean those forms of bonds that do not make periodic interest payments but, rather, are sold at a discount from their face value.
Mont. Code Ann. § 7-21-2111 — MT Code / Title 7 / Chapter 21 / Part 21 / Section 7-21-2111
7-21-2111 General license requirements
Status: in_force

7-21-2111 . General license requirements. (1) A license must be procured immediately before the commencement of any business or occupation liable to a license tax from the county treasurer of the county where the applicant desires to transact the business or occupation.

(2) The license authorizes the party to transact the business described in the license in the town, city, or particular locality in the county.

(3) Separate licenses must be obtained for each branch establishment or separate house of business located in the same county.
Mont. Code Ann. § 7-3-1306 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1306
7-3-1306 Division of treasury
Status: in_force

7-3-1306 . Division of treasury. (1) There must be in the department of finance a division of the treasury, the head of which must be treasurer of the municipality. The treasurer has the powers and shall perform the duties prescribed for city treasurers and county treasurers by law and must be bonded for the faithful performance of official duties pursuant to Title 2, chapter 9, part 7.

(2) All money received by an officer or employee of the municipality for or in connection with the business of the municipality must be paid promptly into the treasury. The commission shall by ordinance provide for the prompt and regular payment of the money into the treasury and shall also, in the manner provided in this part, designate the banking institutions with which it must be deposited.
Mont. Code Ann. § 7-3-1322 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1322
7-3-1322 Investment of sinking funds
Status: in_force

7-3-1322 . Investment of sinking funds. (1) The sinking funds of the municipality must be in charge of a sinking fund board consisting of the president, the director of finance, and the director of law. The president is the presiding officer and the director of finance, the secretary of the board. By and with consent of the commission, the sinking fund board shall invest the sinking fund in bonds or certificates of indebtedness of the United States, state bonds or certificates of indebtedness of Montana or any other state of the United States, bonds of the municipality, registered warrants on the treasury of the municipality, bonds of any city in Montana, and in county or school bonds of Montana that may be approved by the commission.

(2) If the sinking fund is invested in bonds of the municipality, the bonds may not be canceled before maturity but must be held by the sinking fund board and the interest on the bonds paid over and applied to the increase of the sinking fund. Whenever the principal of any of the bonds of the municipality becomes due, the sinking fund board shall, with the consent of the commission, dispose of any of the bonds belonging to the sinking fund that, with the money on hand belonging to the sinking fund, are necessary to pay the bonds becoming due.
Mont. Code Ann. § 7-2-2208 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2208
7-2-2208 Role of board of county commissioners -- intercounty communication
Status: in_force

7-2-2208 . Role of board of county commissioners -- intercounty communication. (1) A board of county commissioners receiving a petition pursuant to 7-2-2205 shall be empowered and have jurisdiction to do and perform all acts provided for in this part for each of the several counties from which any proposed territory is to be taken and shall direct that a certified copy of all orders and proceedings had before such board shall be certified by the county clerk to the board of each of the several counties from which any territory is taken by the proposed new county.

(2) All officers of any such county shall comply with the orders of the board of county commissioners in the same manner as if said order had been duly made by the board of each respective county from which territory is proposed to be taken.
Mont. Code Ann. § 7-6-101 — MT Code / Title 7 / Chapter 6 / Part 1 / Section 7-6-101
7-6-101 Definitions
Status: in_force

7-6-101 . Definitions. The following definitions shall be applied to the terms used in this part:

(1) "Agreement" shall mean contract and shall include renewals and alterations of a contract.

(2) "Board" shall mean the board of county commissioners of any county in this state.

(3) "Fund" shall mean, unless otherwise expressed, the government project fund to be established pursuant to 7-6-105 .

(4) "Governing body" shall mean the commission, board, body, or persons in which the powers of a subdivision as a body corporate or otherwise are vested.

(5) "Political subdivision" shall mean any agency or unit of this state which now is or hereafter shall be authorized to levy taxes or empowered to cause taxes to be levied.

(6) "Project" shall mean any resettlement project or rural rehabilitation project for resettlement purposes of the United States or any other lands formerly upon the tax rolls and purchased by the United States and used for resettlement, rehabilitation, or grazing purposes, located within this state or any political subdivision thereof, and shall include the persons inhabiting, occupying, or using any lands so owned or acquired by the United States.

(7) "Services" shall mean such public and municipal functions as are performed for property in and persons residing within a political subdivision.

(8) "United States" shall mean the United States of America.
Mont. Code Ann. § 7-3-1303 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1303
7-3-1303 Monthly financial statements
Status: in_force

7-3-1303 . Monthly financial statements. The director of finance shall prepare and submit to the commission each month a summary statement of revenues and expenses for the preceding month, detailed as to appropriations and funds in such manner as shows the exact financial condition of the municipality and of each department and office thereof as of the last day of such month.
Mont. Code Ann. § 7-16-2328 — MT Code / Title 7 / Chapter 16 / Part 23 / Section 7-16-2328
7-16-2328 Park fund to be maintained
Status: in_force

7-16-2328 . Park fund to be maintained. All money raised by tax for park purposes or received by the board of park commissioners from the sale of hay, trees, or plants or from the use of or leasing of lands and facilities shall be paid into the county treasury. The county treasurer shall keep all such money in a separate fund to be known as the park fund.
Mont. Code Ann. § 7-3-4313 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4313
7-3-4313 Powers of municipalities under commission-manager plan
Status: in_force

7-3-4313 . Powers of municipalities under commission-manager plan. (1) The inhabitants of any municipality coming under the provisions of this part and part 44, as its limits now are or may hereafter be, shall be a body politic and corporate and have a corporate name and as such shall have perpetual succession and may use a corporate seal. Through its duly elected officers, it may sue and be sued; may acquire property in fee simple or lesser interest or estate by purchase, gift, devise, appropriation, lease, or lease with the privilege to purchase for any municipal purpose; may sell, lease, hold, manage, and control such property and make any and all rules, by ordinance or resolution, which may be required to carry out fully all provisions of any conveyance, deed, or will, in relation to any gift or bequest, or the provisions of any lease by which it may acquire property; may acquire, construct, own, lease, and operate and regulate public utilities; may assess, levy, and collect taxes for general and special purposes on all the subjects or objects which the municipality may lawfully tax; may borrow money on the faith and credit of the municipality by the issue or sale of bonds or notes of the municipality; may appropriate money of the municipality for all lawful purposes; may create, provide for, construct, regulate and maintain all things of nature of public works and improvements; may levy and collect assessments for improvement districts and other local improvements; may license and regulate persons, corporations, and associations engaged in any business, occupation, profession, or trade; may define, prohibit, abate, suppress, and prevent all things detrimental to the health, morals, comfort, safety, convenience, and welfare of the inhabitants of the municipality and all nuisances and the causes thereof; may regulate the construction, height, and the material used in all buildings and the maintenance and occupancy thereof; may regulate and control the use, for whatever purpose, of the streets and other public places; may create, establish, abolish, and organize offices and fix the salaries and compensation of all officers and employees; may make and enforce local sanitary and police and other regulations; and may pass such ordinances as may be expedient for maintaining and promoting peace, good government, and welfare of the municipality and for the performance of the functions thereof.

(2) The municipality shall have all powers that now are or hereafter may be granted to municipalities by the constitution or laws of Montana. All such powers, whether expressed or implied, shall be exercised and enforced in the manner prescribed by this part and part 44 or, when not prescribed therein, in such manner as shall be prescribed by the ordinances or resolutions of the commission.
Mont. Code Ann. § 7-33-4130 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4130
7-33-4130 Group insurance for firefighters -- funding
Status: in_force

7-33-4130 . Group insurance for firefighters -- funding. (1) Cities of the first and second class, if they provide insurance for other city employees under Title 2, chapter 18, part 7, shall:

(a) provide the same insurance to their respective firefighters;

(b) pay no less than the premium rate in effect as of July 1, 1980, for insurance coverage for firefighters and their dependents notwithstanding the provisions of Title 2, chapter 18, part 7;

(c) provide for collective bargaining or other agreement processes to negotiate additional premium payments beyond the amount guaranteed by subsection (1)(b).

(2) Subject to 15-10-420 , those incorporated cities and towns that require additional funds to finance the provisions of this section may levy, by the amount required to meet these provisions, a tax on the taxable value of all taxable property in the respective city or town. This levy must be collected in the same manner and at the same time as other taxes are levied.
Mont. Code Ann. § 7-8-2604 — MT Code / Title 7 / Chapter 8 / Part 26 / Section 7-8-2604
7-8-2604 Procedure for sale of timber or other crops
Status: in_force

7-8-2604 . Procedure for sale of timber or other crops. (1) Subject to the requirements of subsection (2), the board of county commissioners may sell the timber crop and other crops of county forests under such rules as it may establish. The board may reject any or all bids, or it may award the sale to the highest responsible bidder.

(2) A notice of any proposed sale of timber in excess of 100,000 feet board measure shall be advertised at least once in a newspaper published in the county at least 30 days prior to the closing of bids as specified in said notice. The board shall receive sealed bids up to the hour of the closing of bids.
Mont. Code Ann. § 7-16-4111 — MT Code / Title 7 / Chapter 16 / Part 41 / Section 7-16-4111
7-16-4111 Financing of public baths
Status: in_force

7-16-4111 . Financing of public baths. To defray the cost and expense of maintaining the public bathing place authorized by 7-16-4110 , a city or town may contract an indebtedness upon behalf of the city or town and upon the credit thereof by borrowing money or issuing bonds. No money may be borrowed and no bonds may be issued until the proposition has been submitted to the vote of the qualified electors of the city or town and a majority vote is cast therefor.
Mont. Code Ann. § 7-3-1241 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1241
7-3-1241 Appointment and removal of manager of consolidated municipality
Status: in_force

7-3-1241 . Appointment and removal of manager of consolidated municipality. (1) The commission shall appoint a manager. The manager must be chosen by the commission solely on the basis of executive and administrative qualifications and is not, when appointed, required to be a resident of the municipality. A member of the commission may not, during the time for which elected, be chosen manager. In case of the absence or disability of the manager, the commission may designate some responsible person to perform the duties of the office. The manager must receive the compensation fixed by the commission.

(2) The manager may not be appointed for a definite term but must be removable at the pleasure of the commission. If the commission determines to remove the manager, upon request, the manager must be given a written statement of the reason alleged for the proposed removal and the right to be heard on the proposed removal at a public meeting of the commission prior to the date on which the final removal takes effect. However, pending and during the hearing, the commission may suspend the manager from office. The action of the commission in suspending or removing the manager is final. It is the intention of this section to vest all authority and fix all responsibility for any suspension or removal in the commission.
Mont. Code Ann. § 7-16-2103 — MT Code / Title 7 / Chapter 16 / Part 21 / Section 7-16-2103
7-16-2103 Establishment of fund
Status: in_force

7-16-2103 . Establishment of fund. (1) All funds derived from the tax authorized by 7-16-2102 constitute a separate fund deposited with the county treasurer. The fund shall not be used for any purposes except for county parks and any civic center, cultural facility, youth center, recreation center, recreational complex, or any combination thereof.

(2) All claims against such separate fund shall be presented and acted upon in the same manner as are all other claims against the county.
Mont. Code Ann. § 7-32-4119 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4119
7-32-4119 Overtime compensation
Status: in_force

7-32-4119 . Overtime compensation. Members of police departments of cities of the first and second class, except those officers holding the rank of captain or above, are entitled to overtime compensation for hours worked in excess of the work period established by the chief of police under 7-32-4118 .
Mont. Code Ann. § 7-31-103 — MT Code / Title 7 / Chapter 31 / Part 1 / Section 7-31-103
7-31-103 Contract for smoke abatement
Status: in_force

7-31-103 . Contract for smoke abatement. (1) The smoke abatement contract shall:

(a) be entered into and made with such person or persons or corporation or corporations and contain such provisions and conditions as will, in the opinion of the board of county commissioners or the council of said incorporated town or city, as the case may be, best accomplish the purpose aforesaid; and

(b) take effect and be in force as provided in this part.

(2) Whenever a contract shall have been entered into as aforesaid, it shall be reduced to writing and executed by the parties in due form of law and three copies thereof deposited with the clerk of the board of county commissioners or clerk of the council, as the case may be, for public inspection and examination.
Mont. Code Ann. § 7-2-4501 — MT Code / Title 7 / Chapter 2 / Part 45 / Section 7-2-4501
7-2-4501 Annexation of wholly surrounded land
Status: in_force

7-2-4501 . Annexation of wholly surrounded land. A city may include as part of the city any platted or unplatted tract or parcel of land that is wholly surrounded by the city upon passing a resolution of intent, giving notice, and passing a resolution of annexation. Except as provided in 7-2-4502 , the provisions of 7-2-4312 through 7-2-4314 apply to these resolutions and the notice requirement.
Mont. Code Ann. § 7-3-4310 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4310
7-3-4310 Election for municipal officers after reorganization
Status: in_force

7-3-4310 . Election for municipal officers after reorganization. (1) If the majority of the votes cast at the election are in favor of reorganization, the city or town council shall hold a meeting within 1 week after the election and order an election to be held in accordance with Title 13, chapter 1, part 4, for the purpose of electing the number of commissioners to which the municipality is entitled. This order must specify the time of holding the election, which must be in accordance with 13-1-405 . For the first election of officers, a primary election may not be held. The term of office for officers initially elected under this subsection expires after subsequent officers are elected pursuant to subsection (2).

(2) Each subsequent election of officers must involve a primary election and a general election conducted in accordance with Title 13. The primary election must be held on the date specified in 13-1-107 . The general election must be held on the date established in 13-1-104 .

(3) In addition to the notice required under 13-1-108 , a copy of the proclamation must be posted at each voting place in the municipality and in five of the most public places in the municipality.
Mont. Code Ann. § 7-3-4256 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4256
7-3-4256 Control of conflict of interest
Status: in_force

7-3-4256 . Control of conflict of interest. (1) An officer or employee elected or appointed in any municipal commission government city may not have an interest, directly or indirectly, in any contract or job for work or materials or the profits of the contract or job or materials, supplies, or services to be furnished to or performed for the city. An officer or employee may not have an interest, directly or indirectly, in any contract or job for work or materials or the profits of the contract or job or services to be furnished to or performed for any person, firm, or corporation operating any interurban railway, street railway, gasworks, waterworks, electric light or power plant, heating plant, telegraph line, telephone exchange, or other public utility within the territorial limits of the city. An officer or employee may not accept or receive, directly or indirectly, from any person, firm, or corporation operating within the territorial limits of the city any interurban railway, street railway, gasworks, waterworks, electric light or power plant, heating plant, telegraph line, telephone exchange, or other business using or operating under a public franchise any frank, free pass, free ticket, or free service or accept or receive, directly or indirectly, from any person, firm, or corporation any other service on terms more favorable than are granted to the public generally. The prohibition of free transportation does not apply to police officers or firefighters in uniform. Any officer or employee of the city who, by solicitation or otherwise, exerts influence, directly or indirectly, to influence other officers or employees of the city to adopt the officer's or employee's political views or to favor any particular person or candidate for office or who in any manner contributes money, labor, or other valuable thing to any person for election purposes is guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $300 or by imprisonment in the county jail not exceeding 30 days.

(2) Any violation of the provisions of this section is a misdemeanor, and every contract and agreement that violates the provisions of this section is void.
Mont. Code Ann. § 7-5-4113 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4113
7-5-4113 Littering with lighted matches, cigarettes, and other burning material and dumping ashtray prohibited -- penalty -- posting
Status: in_force

7-5-4113 . Littering with lighted matches, cigarettes, and other burning material and dumping ashtray prohibited -- penalty -- posting. (1) A person may not throw away lighted matches, tobacco, cigarettes, cigars, or other lighted material on a forest road, private road, city street, county road, public highway, or railroad right-of-way, except lighted materials used as safety signaling devices, in this state.

(2) A person may not empty an ashtray containing matches, ashes, cigarette or cigar refuse, or other related material on a forest road, private road, city street, county road, public highway, or railroad right-of-way in this state.

(3) A person convicted of violating subsection (1) or (2) shall be fined a minimum of $100.

(4) Municipalities, the forest service, county governments, property owners, public transit operators, federal highway administrators, and any other appropriate entity may, at their discretion, post copies of this section in conspicuous locations.
Mont. Code Ann. § 7-3-4320 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4320
7-3-4320 Role of mayor
Status: in_force

7-3-4320 . Role of mayor. The mayor is the presiding officer, except that in the mayor's absence, a president pro tempore may be chosen. The mayor shall exercise the powers conferred and perform all duties imposed upon the mayor by part 44 and this part, the ordinances of the municipality, and the laws of the state, except that the mayor may not veto any measure. The mayor must be recognized as the official head of the municipality by the courts for the purpose of serving civil processes, by the governor for the purposes of the military law, and for all ceremonial purposes.
Mont. Code Ann. § 7-33-2116 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2116
7-33-2116 Payment of partial salary to rural firefighter injured in performance of duty
Status: in_force

7-33-2116 . Payment of partial salary to rural firefighter injured in performance of duty. (1) A full-paid firefighter who is an employee of a rural fire district and who is injured in the performance of the firefighter's duty must be paid by the fire district the difference between the firefighter's net salary, following adjustments for income taxes and pension contributions, and the amount received from workers' compensation until the disability has ceased, as determined by workers' compensation, or for a period not to exceed 1 year, whichever occurs first.

(2) To qualify for the partial salary payment provided for in subsection (1), the firefighter must require medical or other remedial treatment and must be incapable of performing the firefighter's duties as a result of the injury.

(3) This section does not apply to a volunteer firefighter or a part-paid firefighter.
Mont. Code Ann. § 7-3-701 — MT Code / Title 7 / Chapter 3 / Part 7 / Section 7-3-701
7-3-701 Charter form
Status: in_force

7-3-701 . Charter form. (1) The purpose of this part is to comply with Article XI, section 5(1), of the Montana constitution, which provides: "The legislature shall provide procedures permitting a local government unit or combination of units to frame, adopt, amend, revise, or abandon a self-government charter with the approval of a majority of those voting on the question. The procedures shall not require approval of a charter by a legislative body."

(2) Charter provisions establishing executive, legislative, and administrative structure and organization are superior to statutory provisions.
Mont. Code Ann. § 7-1-4001 — MT Code / Title 7 / Chapter 1 / Part 40 / Section 7-1-4001
7-1-4001 Payment of contractors and subcontractors
Status: in_force

7-1-4001 . Payment of contractors and subcontractors. Notwithstanding any other provision of this title, payment of a construction contractor or subcontractor, as those terms are defined in 28-2-2101 , for services performed by a construction contractor or subcontractor is governed by the provisions of Title 28, chapter 2, part 21.
Mont. Code Ann. § 7-15-4529 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4529
7-15-4529 General remedies of an obligee of a housing authority
Status: in_force

7-15-4529 . General remedies of an obligee of a housing authority. An obligee of the authority shall have the right, in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:

(1) by mandamus, suit, action, or proceeding in law or equity (all of which may be joined in one action), to compel the authority and the commissioners, officers, agents, or employees thereof to perform each and every term, provision, and covenant contained in any contract of the authority and to require the carrying out of any or all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by this part or part 44;

(2) by suit, action, or proceeding in equity, to enjoin any acts or things which may be unlawful or the violation of any of the rights of such obligee of the authority;

(3) by suit, action, or proceeding in any court of competent jurisdiction, to cause possession of any housing project or any part thereof to be surrendered to any obligee having the right to such possession pursuant to any contract of the authority.
Mont. Code Ann. § 7-14-4111 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4111
7-14-4111 Determination of alley approach
Status: in_force

7-14-4111 . Determination of alley approach. What constitutes an alley approach shall be defined by the city council of each municipality which orders in alley approaches as provided in 7-14-4109 .
Mont. Code Ann. § 7-11-1022 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1022
7-11-1022 Multiple jurisdictions
Status: in_force

7-11-1022 . Multiple jurisdictions. (1) A special district created by a combination of local governments acting together must be administered according to an interlocal agreement. The interlocal agreement may determine whether the administrative body of the special district consists of the entire membership of all governing bodies from the participating jurisdictions or representatives of each governing body or jurisdiction.

(2) A special district created by a combination of local governments acting together may enlarge an existing service district, but may not supersede or void an existing contract, district, or interlocal agreement under which the same service is currently provided to residents of one or more of the participating jurisdictions. The local governments acting together may agree to alter an existing contract, district, or interlocal agreement as necessary.

(3) The local governments shall proportionally share the ownership of real or personal property acquired by the district pursuant to their interlocal agreement.
Mont. Code Ann. § 7-5-2309 — MT Code / Title 7 / Chapter 5 / Part 23 / Section 7-5-2309
7-5-2309 Optional bidding preference for county resident
Status: in_force

7-5-2309 . Optional bidding preference for county resident. (1) If there are no out-of-state bidders for a contract subject to competitive bid under this part, the contract may be awarded to the lowest and best responsible bidder that is a county resident and that makes a bid that is no more than $500 or 3% higher, whichever is less, than the bid of the lowest responsible bidder that is not a county resident.

(2) If there is one or more out-of-state bidders for a contract for construction, repair, or maintenance of a building, road, or bridge that is in excess of $80,000 and that is subject to competitive bid under this part, the state resident bid preference provided in 18-1-102 (1)(a) applies.

(3) For the purposes of this section, "county resident" means a person, corporation, business, or other entity whose principal business location is within the county.
Mont. Code Ann. § 7-1-4125 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4125
7-1-4125 Limit on liability
Status: in_force

7-1-4125 . Limit on liability. (1) As provided in Article II, section 18, of the Montana constitution, a municipality has no immunity from suit for injury to a person or property, except as may be specifically provided by law by a two-thirds vote of each house of the legislature.

(2) A local government has the right but not the duty to purchase insurance to protect against claims for injury to a person or property.

(3) Local governments are subject to the provisions of Title 2, chapter 9.
Mont. Code Ann. § 7-12-1101 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1101
7-12-1101 Short title
Status: in_force

7-12-1101 . Short title. This part may be cited as the "Business Improvement District Act".
Mont. Code Ann. § 7-6-2421 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2421
7-6-2421 Presentation of claims against county
Status: in_force

7-6-2421 . Presentation of claims against county. (1) An account may not be allowed by the board unless the account is made out in separate items, with the nature of each item stated. If the claim is for official services for which specified fees are not fixed by law, the time actually and necessarily devoted to the services must be stated. An account may not be passed upon by the board unless made out as prescribed in this section and filed by the clerk prior to the session at which it is asked to be heard.

(2) Each claim against the county, except claims arising from injury to a person or property, that are limited under provisions of Title 2, chapter 9, parts 1 through 3, must be presented within 1 year after the last item accrued.

(3) A county officer may not, except for the officer's own service, present any claim, account, or demand for allowance against the county or in any way advocate the relief asked on the claim or demand made by another.
Mont. Code Ann. § 7-13-4311 — MT Code / Title 7 / Chapter 13 / Part 43 / Section 7-13-4311
7-13-4311 Authorization to furnish water and sewer services to industrial consumers
Status: in_force

7-13-4311 . Authorization to furnish water and sewer services to industrial consumers. (1) Subject to the provisions of subsection (2), the city or town council of any city or town within Montana that owns and operates a municipal water system, a municipal sewage system, or both, to furnish water services, sewage services, or both, to the inhabitants of the city or town as a public utility may, in addition to all other powers, furnish water from the water system and sewage services from the sewage system:

(a) to any person, factory, or other industry located within the corporate limits of the city or town; or

(b) to any person, factory, or other industry located outside the corporate limits of the city or town.

(2) (a) The services authorized by subsection (1) must be furnished at reasonable rates.

(b) Delivery of water and delivery of sewage services by a city or town to or for the use of any person, factory, or other industry located outside the corporate limits of the city or town must be made within or at the boundary line of the corporate limits of the city or town or from any existing waterline or sewerline of the city or town located outside of the corporate limits of the city or town, except as provided in this part.
Mont. Code Ann. § 7-34-2107 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2107
7-34-2107 Notice of hearing
Status: in_force

7-34-2107 . Notice of hearing. A notice of the hearing required by 7-34-2106 shall be published as provided in 7-1-2121 .
Mont. Code Ann. § 7-3-4465 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4465
7-3-4465 Police department
Status: in_force

7-3-4465 . Police department. (1) The chief of police has exclusive control of the stationing and transfer of all patrol officers and other officers and employees constituting the police force, under rules that the director of public safety may prescribe. The police force must be composed of a chief of police and officers, patrol officers, and other employees that the city manager may determine. In the case of a riot, in the event of an emergency, or at the time of elections or similar occasions, the director of public safety may appoint additional patrol officers and officers for temporary service who need not be in the classified service.

(2) A person may not act as a special detective or special police officer for any purpose whatsoever except upon the written authority of the director of public safety. The written authority may be exercised only under the direction and control of the chief of police and for a specified time.

(3) Title 7, chapter 32, parts 2 and 41, and Title 19, chapters 9 and 19, are in all respects applicable to and govern the police departments of all cities and towns under the commission-manager form of government provided for in this part.
Mont. Code Ann. § 7-15-4437 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4437
7-15-4437 Right of obligee of authority to request removal of commissioner
Status: in_force

7-15-4437 . Right of obligee of authority to request removal of commissioner. (1) An obligee of the authority may file with the mayor written charges that the authority is willfully violating any law of the state or any term, provision, or covenant in any contract to which the authority is a party. The mayor shall give each of the commissioners a copy of the charges at least 10 days prior to the hearing on the charges and shall provide an opportunity to be heard in person or by counsel. The mayor shall within 15 days after receipt of the charges remove a commissioner of the authority who is found to have acquiesced in any willful violation.

(2) A commissioner is considered to have acquiesced in a willful violation by the authority of a law of this state or of any term, provision, or covenant contained in a contract to which the authority is a party if, before a hearing is held on the charges, the commissioner does not file a written statement with the authority of objections to or lack of participation in the violation.
Mont. Code Ann. § 7-32-4158 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4158
7-32-4158 Police commission hearings open to public
Status: in_force

7-32-4158 . Police commission hearings open to public. All hearings must be open to the public.
Mont. Code Ann. § 7-23-2108 — MT Code / Title 7 / Chapter 23 / Part 21 / Section 7-23-2108
7-23-2108 County control of dogs
Status: in_force

7-23-2108 . County control of dogs. (1) The governing body of the county may regulate, restrain, or prohibit the running at large of dogs by the adoption of an ordinance which substantially complies with the provisions of 7-5-103 through 7-5-107 and which may provide for the wearing of a license tag upon the collar of the dog and the keeping of a record which will establish the identity of the person who owns, keeps, or harbors the dog.

(2) Violation of an ordinance adopted under subsection (1) is a misdemeanor.

(3) The county governing body is authorized to impound, sell, kill, or otherwise destroy dogs found at large contrary to ordinances.

(4) Nothing in this section restricts the governing body from enacting dog control measures in a portion of the county only.
Mont. Code Ann. § 7-22-2512 — MT Code / Title 7 / Chapter 22 / Part 25 / Section 7-22-2512
7-22-2512 Financing of vertebrate pest management program -- tax
Status: in_force

7-22-2512 . Financing of vertebrate pest management program -- tax. (1) A governing body may:

(a) appropriate from the county general fund an amount to fund vertebrate pest management and transfer it to the county vertebrate pest management fund; and

(b) subject to 15-10-420 , levy a vertebrate pest management tax on the taxable valuation of all agricultural, horticultural, grazing, and timber lands and their improvements. Land within a rodent control district may not be taxed in any given year under both 7-11-1024 and this section for the control of rodents. Land within a rodent control district may be taxed under this section only in a dollar amount that is proportional to the part of the vertebrate pest program's projected fiscal year budget that is allocated to the management and suppression of vertebrate pests other than rodents.

(2) The tax provided for in subsection (1) must be collected as other county taxes and credited to the county vertebrate pest management fund.
Mont. Code Ann. § 7-12-4353 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4353
7-12-4353 Objections to irregular proceedings or manner of making modification
Status: in_force

7-12-4353 . Objections to irregular proceedings or manner of making modification. An objection to the proceedings or the manner of making modifications to an existing special improvement lighting district under the provisions of this part must be made in accordance with the provisions of 7-12-4307 .
Mont. Code Ann. § 7-2-103 — MT Code / Title 7 / Chapter 2 / Part 1 / Section 7-2-103
7-2-103 Collection of taxes upon alteration of boundary of local government
Status: in_force

7-2-103 . Collection of taxes upon alteration of boundary of local government. Subject to the provisions of part 27 of this chapter and 7-2-2809 , if any territory is detached from any county, city, or town and is annexed to any other county, city, or town, it does not invalidate or interfere with the collection of taxes in the territory and the taxes must be collected by and the returns made to the county to which the territory is attached in the manner provided by law for levying and collecting taxes.
Mont. Code Ann. § 7-14-2511 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2511
7-14-2511 Creation of county motor vehicle fund
Status: in_force

7-14-2511 . Creation of county motor vehicle fund. When collected by the treasurer of the county in which a motor vehicle is registered, all license and registration fees for which there is no specific provision as to disposition of the fee shall be credited to the county motor vehicle fund.
Mont. Code Ann. § 7-32-2231 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2231
7-32-2231 Purpose to allow private industry involvement
Status: in_force

7-32-2231 . Purpose to allow private industry involvement. It is the purpose of 7-32-2231 through 7-32-2234 to allow multijurisdictional or single-jurisdiction detention centers to be built by private industry and leased to the participating local government or governments for operation by the local government, collectively by participating local governments, or by a private entity with the concurrence of the local governments involved.
Mont. Code Ann. § 7-32-4138 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4138
7-32-4138 Subrogation
Status: in_force

7-32-4138 . Subrogation. The municipality has a cause of action for reimbursement of sums it has paid to an officer as salary and for medical treatment against any third party against whom the officer has a cause of action for the injury which necessitated the payments by the municipality.
Mont. Code Ann. § 7-11-206 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-206
7-11-206 Term of commission
Status: in_force

7-11-206 . Term of commission. All commissions shall terminate 5 years from the date of their establishment. However, a commission, upon completion of its duties, may terminate earlier by a vote (favorable to such earlier termination) of three-fourths of the members.
Mont. Code Ann. § 7-3-1250 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1250
7-3-1250 Compensation of officers and employees
Status: in_force

7-3-1250 . Compensation of officers and employees. The compensation of officers and employees in the administrative service of the municipality shall be fixed by ordinance, but all positions in such service, except those of heads of departments and heads of offices not included within regular departments, shall, for purposes of compensation, be graded and classified by the manager according to duties and responsibilities. The commission shall by ordinance establish a schedule of compensation for the positions so graded and classified, which shall prescribe uniform compensation for like service as determined by the grading and classification by the manager. Such schedule of compensation may establish a minimum and maximum for any grade, and an increase in compensation within the limits provided for any grade may be granted by the manager upon the basis of efficiency and seniority.
Mont. Code Ann. § 7-12-2136 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2136
7-12-2136 Procedure if all bids rejected or no bids received
Status: in_force

7-12-2136 . Procedure if all bids rejected or no bids received. If the bids are rejected or no bids are received, the board of county commissioners may within 6 months thereafter readvertise for proposals or bids for the performance of the work as in the first instance, without further proceedings, and thereafter proceed in the manner provided in 7-12-2131 through 7-12-2137 .
Mont. Code Ann. § 7-33-2315 — MT Code / Title 7 / Chapter 33 / Part 23 / Section 7-33-2315
7-33-2315 Certificate of membership in fire company
Status: in_force

7-33-2315 . Certificate of membership in fire company. (1) A firefighter who has served 5 years in an organized company in this state is an exempt firefighter and must receive from the chief engineer of the department or company to which the firefighter belonged a certificate to that effect.

(2) (a) An active firefighter must have a certificate of that fact, signed by the chief of the fire department or the presiding officer of the company to which the firefighter belongs. The certificates must be countersigned by the secretary and over the seal of the company, if one is provided.

(b) If authorized by the bylaws of the company, in lieu of issuing certificates to exempt firefighters exempt certificates may be issued by the clerk and recorder of the county, over the clerk's official seal and signature, which entitles the holder to an exemption from military duty.

(3) Each certificate entitles the holder to an exemption from military duty. Each certificate is prima facie evidence of the facts stated in the certificate.

(4) The secretary of the fire department or company shall keep a record of each certificate of exemption or active membership, the date of the certificate and to whom issued, and, when a seal is not provided, similar entries of certificates issued to obtain certificates from the county clerk and recorder.
Mont. Code Ann. § 7-3-4221 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4221
7-3-4221 Conduct of business
Status: in_force

7-3-4221 . Conduct of business. (1) (a) In cities having a mayor and two council members, the mayor and one council member or two council members constitute a quorum and the affirmative vote of the mayor and one council member or the affirmative vote of two council members is necessary to adopt or reject any motion, resolution, or ordinance or pass any measure unless a greater number is provided for in this part.

(b) In cities having a mayor and four council members, the mayor and two council members or three council members constitute a quorum and the affirmative vote of the mayor and two council members or the affirmative vote of three council members is necessary to adopt or reject any motion, resolution, or ordinance or pass any measure unless a greater number is provided for in this part.

(2) Upon every vote the ayes and nays must be called and recorded. Every motion, resolution, or ordinance must be reduced to writing and read before the vote is taken. Every resolution or ordinance passed by the council must be signed by the mayor or by two council members and must be recorded before it is in force.

(3) The mayor is the president of the council and shall preside at its meetings and shall supervise all departments of the city and report and recommend to the council for its action all matters requiring attention in any department. The council shall, at its first regular meeting, select one of its members for vice president of the council, and in case of a vacancy in the office of mayor or the absence or inability of the mayor, the vice president shall perform the duties of the mayor.