Mont. Code Ann. § 7-8-103 — MT Code / Title 7 / Chapter 8 / Part 1 / Section 7-8-103
7-8-103 Authorization for governmental and public entities to take property by gift or devise -- restriction
Status: in_force

7-8-103 . Authorization for governmental and public entities to take property by gift or devise -- restriction. (1) (a) All counties, all public hospitals and cemeteries, and other public institutions are hereby granted the power and authority to accept, receive, take, hold, and possess any gift, donation, grant, devise, or bequest of real or personal property and the right to own, hold, work, and improve the same.

(b) The provisions of subsection (2) and 7-8-104 are hereby made expressly applicable to gifts, donations, grants, devises, and bequests of real or personal property to officers and boards of the public corporations and institutions mentioned in subsection (1)(a).

(2) (a) Any city or town organized under the laws of Montana is hereby empowered and given the right:

(i) to accept, receive, take, hold, own, and possess any gift, donation, grant, devise, or bequest; any property (real, personal, or mixed); any improved or unimproved park or playground; any water, water right, water reservoir, or watershed; any timberland or reserve; or any fish or game reserve in any part of the state;

(ii) to own, hold, work, and improve the same.

(b) The gifts, donations, grants, devises, or bequests made to any officer or board of any city or town must be considered a gift, donation, grant, devise, or bequest made for the use and benefit of any city or town and must be administered and used by and for the city or town for the particular purpose for which it was given, donated, granted, devised, or bequeathed. In the event no particular purpose is mentioned in the gift, donation, grant, devise, or bequest, then it must be used for the general support, maintenance, or improvement of any city or town.

(3) A gift, donation, grant, devise, or bequest may not be accepted or used in contravention of 13-35-238 .
Mont. Code Ann. § 7-32-2124 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2124
7-32-2124 Service of papers on sheriff
Status: in_force

7-32-2124 . Service of papers on sheriff. Service of a paper, other than a process, upon the sheriff may be made by delivering it to the sheriff, a deputy, or a person in charge of the office during office hours or, if none of the enumerated individuals is there, by leaving it in a conspicuous place in the office.
Mont. Code Ann. § 7-33-2312 — MT Code / Title 7 / Chapter 33 / Part 23 / Section 7-33-2312
7-33-2312 Organization of fire company
Status: in_force

7-33-2312 . Organization of fire company. (1) A fire company organized pursuant to 7-33-2311 shall choose or elect a presiding officer, a secretary, and a treasurer and may establish and adopt bylaws and regulations and impose penalties, not exceeding $5 or expulsion, for each offense.

(2) A regularly organized fire department may adopt a department seal, stating the name of the particular fire department to which it belongs. The seal is under the control of and for the use of the secretary and must be affixed to exempt certificates, certificates of active membership, and other documents that the bylaws may provide. The secretary of a department having a seal shall take the constitutional oath of office and give a bond that the bylaws provide for the faithful performance of the secretary's duties.
Mont. Code Ann. § 7-33-2105 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2105
7-33-2105 Powers and duties of trustees
Status: in_force

7-33-2105 . Powers and duties of trustees. (1) The trustees:

(a) shall prepare and adopt suitable bylaws;

(b) have the authority to provide adequate and standard firefighting and emergency response apparatus, equipment, personnel, housing, and facilities, including real property and emergency medical services and equipment, for the protection of the district;

(c) may appoint and form fire companies that have the same duties, exemptions, and privileges as other fire companies for retirement purposes only;

(d) shall prepare annual budgets and request special levies for the budgets. The budget laws relating to county budgets must, as far as applicable, apply to fire districts.

(e) may enter into contracts as provided in 7-33-2107 ; and

(f) may pledge income to secure financing of the district as provided in 7-33-2109 .

(2) All money received by the trustees must be deposited in the county treasurer's office and credited to the fire district.
Mont. Code Ann. § 7-22-2501 — MT Code / Title 7 / Chapter 22 / Part 25 / Section 7-22-2501
7-22-2501 Definitions
Status: in_force

7-22-2501 . Definitions. As used in this part, the following definitions apply:

(1) "Department" means the department of agriculture.

(2) "Governing body" means the governing body specified by the form of government adopted by a county.

(3) "Management of vertebrate pests" means the correct identification of a vertebrate pest; recognition of its biological and environmental needs; assessment of the pest's damage, injury, or nuisance to agriculture, industry, or the public prior to selecting and implementing any integrated or individual control methods to reduce, prevent, or suppress such damage, nuisance, or injury; and evaluating the effects of these control methods.

(4) "Vertebrate pests" means jackrabbits, prairie dogs, ground squirrels, pocket gophers, rats, mice, skunks, raccoons, bats, and the following depredatory and nuisance birds: blackbirds, cowbirds, starlings, house sparrows, and feral pigeons, when such animals and birds are injurious to agriculture, other industries, or the public.
Mont. Code Ann. § 7-12-4179 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4179
7-12-4179 Payment of maintenance costs -- resolution for assessment
Status: in_force

7-12-4179 . Payment of maintenance costs -- resolution for assessment. (1) The cost of maintaining each of the improvements shall be paid by assessing the benefited properties of the district under a permissible assessment option as provided in 7-12-4162 through 7-12-4165 .

(2) It is the duty of the council to estimate, as nearly as practicable, the cost of maintaining the improvements in each district for the season. Before the first Monday in October of each year, the council shall pass and finally adopt a resolution levying and assessing all the property within the several districts with an amount equal to the whole cost of maintaining the improvements within the several districts.

(3) The resolution levying assessments to defray the cost of maintenance of the improvement shall be prepared and certified in the same manner as a resolution levying assessments for making improvements in the special improvement district.

(4) The council may change by resolution, not more than once a year, the boundaries of any maintenance district, but the change of boundaries may not affect indebtedness existing at the time of the change.
Mont. Code Ann. § 7-5-2306 — MT Code / Title 7 / Chapter 5 / Part 23 / Section 7-5-2306
7-5-2306 Use of installment purchase contracts
Status: in_force

7-5-2306 . Use of installment purchase contracts. When the amount to be paid as the purchase price for any vehicle or road machinery of any kind, for any other machinery, apparatus, appliance, or equipment, or for any materials or supplies of any kind exceeds $4,000, the county governing body may provide for the payment of the purchase price in installments extending over a period of not more than 10 years, provided that at the time of entering into the agreement for the purchase, there is an unexpended balance of appropriation in the budget for the then-current fiscal year available and sufficient to meet and take care of the portion of the purchase price as is payable during the then-current fiscal year and the budget for each following year in which any portion of the purchase price is to be paid contains an appropriation for the purpose of paying the purchase price.
Mont. Code Ann. § 7-13-2219 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2219
7-13-2219 Power to construct works across roads and other obstacles
Status: in_force

7-13-2219 . Power to construct works across roads and other obstacles. The board of directors shall have power to construct works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, or flume which the route of said works may intersect or cross; provided such works are constructed in such manner as to afford security for life and property; and said board shall restore the crossings and intersections to their former state as near as may be or in a manner not to have impaired unnecessarily their usefulness.
Mont. Code Ann. § 7-3-4444 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4444
7-3-4444 Supervision of plats
Status: in_force

7-3-4444 . Supervision of plats. (1) The director of public service is the supervisor of plats of the municipality. The director shall see that the regulations governing the platting of all lands require all streets and alleys to be of proper width and to be coterminous with the adjoining streets and alleys and that all other regulations are conformed with. Whenever the director considers it expedient to plat any portion of the territory within the corporate limits in which the necessary or convenient streets and alleys have not already been accepted by the municipality so as to become public streets or alleys or when any person plats any land within the corporate limits or within 3 miles of those limits, the director shall, if the plats are in accordance with the regulations prescribed for plats, endorse the director's written approval on the plats.

(2) A plat subdividing lands within the corporate limits or within 3 miles of those limits may not be entitled to be recorded in the recorder's office of the county without the written approval endorsed on the plat.
Mont. Code Ann. § 7-12-4401 — MT Code / Title 7 / Chapter 12 / Part 44 / Section 7-12-4401
7-12-4401 Street maintenance district authorized -- definition
Status: in_force

7-12-4401 . Street maintenance district authorized -- definition. (1) Whenever the council of a city or town desires to create a district for the maintenance of all or part of the streets or avenues of its city or town as provided in this part, it shall provide by ordinance a method of doing the maintenance and of paying for the maintenance under the restrictions and regulations provided in this part.

(2) "Maintenance" as used in this part includes but is not limited to sprinkling, graveling, oiling, chip sealing, seal coating, overlaying, treating, general cleaning, sweeping, flushing, snow removal, leaf and debris removal, the operation, maintenance, and repair of traffic signal systems, the repair of traffic signs, the placement and maintenance of pavement markings, curb and gutter repair, and minor sidewalk repair that includes cracking, chipping, sinking, and replacement of not more than 6 feet of sidewalk in any 100-foot portion of sidewalk.
Mont. Code Ann. § 7-6-2409 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2409
7-6-2409 Examination of county books and accounts
Status: in_force

7-6-2409 . Examination of county books and accounts. (1) It is the duty of the county auditor to examine the books and accounts of the county treasurer, the county clerk and recorder, the sheriff, the clerk of the district court, and all other county and township officers within 15 days prior to the first regular session of the board of county commissioners in March, June, September, and December of each year unless a longer time is granted to the auditor by the board.

(2) The quarterly report shall contain a full and complete statement of the money received and disbursed by each of the officers since the last examination and report. For the purpose of this section, the county auditor has free access to all books and papers in each of the offices.
Mont. Code Ann. § 7-3-1309 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1309
7-3-1309 Division of assessment
Status: in_force

7-3-1309 . Division of assessment. (1) There may be in the department of finance a division of assessment, the head of which may be the assessor. The division of assessment has the powers of and shall perform the duties prescribed for county assessors by general law.

(2) The division of assessment is in charge of the preparation of all special assessments for public improvements, the giving of notice of the assessments to property owners and purchasers of property under contracts for deed, and the certification of all unpaid assessments to the director of finance.
Mont. Code Ann. § 7-6-211 — MT Code / Title 7 / Chapter 6 / Part 2 / Section 7-6-211
7-6-211 Report by financial institution
Status: in_force

7-6-211 . Report by financial institution. Any bank, building and loan association, savings and loan association, or credit union receiving such deposits shall, through its president and cashier or secretary, make a statement of account quarter-annually, under oath, showing:

(1) all such money that has been deposited with such bank, building and loan association, savings and loan association, or credit union during the quarter;

(2) the amount of daily balance in dollars;

(3) the amount of interest credited or paid therefor by such bank, building and loan association, savings and loan association, or credit union; and

(4) that neither such bank, building and loan association, savings and loan association, or credit union nor any officer thereof nor any person for it has paid or given any consideration or emolument whatsoever to the treasurer or town clerk or to any other person, other than the interest provided for herein, for or on account of the making of such deposits with any such bank, building and loan association, savings and loan association, or credit union.
Mont. Code Ann. § 7-4-2212 — MT Code / Title 7 / Chapter 4 / Part 22 / Section 7-4-2212
7-4-2212 Official bonds of county officers
Status: in_force

7-4-2212 . Official bonds of county officers. (1) The bonds of county officers are fixed by Title 2, chapter 9, part 7.

(2) Except in criminal prosecutions, whenever any special penalty, forfeiture, or liability is imposed on any officer for nonperformance or malperformance of official duty, the liability therefor attaches to the official bond of such officer and to the principal and sureties thereon.
Mont. Code Ann. § 7-3-4442 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4442
7-3-4442 Local improvements
Status: in_force

7-3-4442 . Local improvements. (1) The commission shall have the power by ordinance to provide for:

(a) the construction, reconstruction, repair, and maintenance, by contract or directly by the employment of labor, of all things in the nature of local improvements; and

(b) the payment of any part of the cost of any such improvement by levying and collecting special assessments upon abutting, adjacent, and contiguous or other specially benefited property, as provided by general law.

(2) Whenever the payments for such improvements are to extend over a period of years and are to be paid for in installments, the proceedings and all things done in connection with such improvements are to be done in strict conformity with the provisions of parts 41 and 42 of chapter 12.
Mont. Code Ann. § 7-14-4629 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4629
7-14-4629 Manner of operating parking facility
Status: in_force

7-14-4629 . Manner of operating parking facility. (1) The commission or city may lease any project acquired by it under the provisions of this part to the highest responsible bidder after notice.

(2) If the commission or city shall, by resolution entered upon its minutes, find and determine that the purposes of this part will not be accomplished and the public interest will not be served by lease of any particular project for operation as a private parking project, the commission may lease such project to the city or the city may operate any such project itself as a municipal parking project, subject to the ordinances and rules of the city pertaining to municipal parking projects.
Mont. Code Ann. § 7-34-2117 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2117
7-34-2117 Procedure for conduct of election for trustees -- appointment of trustees
Status: in_force

7-34-2117 . Procedure for conduct of election for trustees -- appointment of trustees. (1) All elections of trustees must be conducted in accordance with Title 13, chapter 1, part 5.

(2) The first board of trustees must be elected at the election under 7-34-2110 on whether to create the district, subject to voter approval of the district.

(3) If there are no candidates for a trustee position, the board of county commissioners shall appoint the trustee.

(4) A member of the board taking office pursuant to subsection (3) serves a term of office as if elected to that office.
Mont. Code Ann. § 7-14-4116 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4116
7-14-4116 No authority to require fee and permit for oversize vehicles
Status: in_force

7-14-4116 . No authority to require fee and permit for oversize vehicles. The authority to regulate trafficways and motor vehicles provided in this part does not include the authority to require a fee and a permit for the movement of a vehicle, combination of vehicles, load, object, or other thing of a size exceeding the maximum specified in 61-10-101 through 61-10-104 on a highway that is maintained by and under the jurisdiction of an entity other than the city or town.
Mont. Code Ann. § 7-3-4316 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4316
7-3-4316 Term of office for commissioners
Status: in_force

7-3-4316 . Term of office for commissioners. (1) The commissioners elected at the first election shall qualify and their terms of office must begin on the first Monday after their election. The terms of office of the mayor and city council members in a municipal commission-manager city or town who are in office at the beginning of the terms of office of the commissioners first elected under the provisions of part 44 and this part terminate, and the terms of office of all of their appointed officers and of all of the employees of the city or town terminate, as stated by resolution of the commission.

(2) All commissioners shall serve for a term of 4 years and until their successors are elected and have qualified, except that at the first election the two candidates having the highest number of votes shall hold office for a period of 4 years less the time elapsed since December 31 of the preceding odd-numbered year. The terms of office of all other candidates expire on December 31 in any odd-numbered year following the election provided for in this part at which the first commissioners are elected.
Mont. Code Ann. § 7-6-4311 — MT Code / Title 7 / Chapter 6 / Part 43 / Section 7-6-4311
7-6-4311 Liability for false claims
Status: in_force

7-6-4311 . Liability for false claims. (1) A person who knowingly presents or causes to be presented a false, fictitious, or fraudulent claim for allowance or payment to any city or town or its contractors forfeits the claim, including any portion that may be legitimate, and in addition is subject to a penalty of not to exceed $2,000 plus double the damages sustained by the city or town as a result of the false claim, including all legal costs.

(2) The forfeiture and the penalty may be claimed in the same suit.
Mont. Code Ann. § 7-14-2131 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2131
7-14-2131 Reseeding of right-of-way
Status: in_force

7-14-2131 . Reseeding of right-of-way. Whenever the natural sod cover on right-of-way areas is disturbed by construction of county roads, irrigation ditches, drain ditches, or otherwise, the board of county commissioners shall require the person or agency responsible for the disturbance to comply with 7-22-2152 .
Mont. Code Ann. § 7-3-4445 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4445
7-3-4445 Subdivided lands
Status: in_force

7-3-4445 . Subdivided lands. Subdivisions in the municipality must conform to the provisions of Title 76, chapter 3.
Mont. Code Ann. § 7-7-4260 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4260
7-7-4260 Disposition of sale proceeds
Status: in_force

7-7-4260 . Disposition of sale proceeds. All money arising from the sale of the bonds shall be paid to the city treasurer or town clerk and shall be immediately available for the purpose for which the bonds were issued and for no other purpose.
Mont. Code Ann. § 7-4-2611 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2611
7-4-2611 Role and duties of county clerk and election administrator
Status: in_force

7-4-2611 . Role and duties of county clerk and election administrator. (1) The county clerk of a county is also clerk of the county commissioners and ex officio recorder. A duty imposed by law upon the officer, whether as county clerk, clerk of the county commissioners, or recorder, must be performed by the county clerk, and any official act performed or certified by the county clerk is as valid and effectual as if performed and certified by the clerk of the county commissioners or the recorder.

(2) The county clerk shall:

(a) take charge of and safely keep or dispose of according to law all books, papers, maps, and records that may be filed or deposited in the county clerk's office;

(b) record all the proceedings of the board;

(c) make full entries of all its resolutions and decisions on all questions concerning the raising of money for and the allowance of accounts against the county;

(d) record the vote of each member on a question upon which there is a division or at the request of any member present;

(e) sign all orders made and warrants issued by order of the board for the payment of money and certify the orders and warrants to the county treasurer;

(f) record the reports of the county treasurer of the receipts and disbursements of the county;

(g) preserve and file all accounts acted upon by the board;

(h) preserve and file all petitions and applications for franchises and record the action of the board on the petitions and applications;

(i) record all orders levying taxes;

(j) designate upon each account allowed by the board the amount allowed and deliver to any person who may demand it a certified copy of any record or any account on file in the county clerk's office;

(k) when a new township is organized or the boundaries of a township are altered, immediately make out and transmit to the secretary of state a certified statement of the names and boundaries of the township organized or altered;

(l) accept electronic notarizations completed in accordance with Title 1, chapter 5, part 6; and

(m) keep other records and books and perform other duties that are prescribed by law or by rule or order of the board.

(3) An election administrator shall file, code, and cross-index all reports and statements filed as prescribed by the commissioner of political practices.

(4) An election administrator shall make statements and other information filed under the provisions of Title 13, chapters 35, 36, and 37, available for public inspection and copying during the office hours determined by the governing body by resolution after a public hearing and make copying facilities available free of charge or at a charge not to exceed actual cost.
Mont. Code Ann. § 7-12-4184 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4184
7-12-4184 Reinstatement of delinquent assessment
Status: in_force

7-12-4184 . Reinstatement of delinquent assessment. (1) Whenever any special assessment or installment is delinquent, is declared to be delinquent by appropriate resolution of the city or town council, and is certified to the county clerk and county treasurer for collection as provided in this part, the city or town council may, nevertheless, at its option, by appropriate resolution, order the delinquent assessment to be withdrawn from the county treasurer, canceled from the county treasurer's records and proceedings, and reinstated in the office of the city treasurer and on the property tax record upon the payment to the city treasurer of the assessment or the installment and interest up to date.

(2) The certified copy of the resolution of the council with reference to the payment, withdrawal, and reinstatement, filed with the county treasurer, is authority for the county treasurer to cancel and withdraw the delinquent special assessment or installment.

(3) The withdrawal and reinstatement may be made at any time before or after sale of the property for delinquent taxes and before a tax deed is executed.
Mont. Code Ann. § 7-15-4413 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4413
7-15-4413 Boundaries of municipal housing authority
Status: in_force

7-15-4413 . Boundaries of municipal housing authority. (1) The boundaries of such authority shall include said city and the area within 10 miles from the territorial boundaries of said city, but in no event shall it include the whole or a part of any other city unless a resolution shall have been adopted by the governing body of such other city declaring that there is a need for such authority to exercise its powers within that city.

(2) After the creation of an authority, the subsequent existence within its territorial boundaries of more than one city shall in no way affect the territorial boundaries of such authority.
Mont. Code Ann. § 7-13-111 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-111
7-13-111 Resolution creating district -- power to order improvements
Status: in_force

7-13-111 . Resolution creating district -- power to order improvements. (1) Before ordering any of the proposed improvements, the board of county commissioners shall pass a resolution creating the metropolitan sanitary and/or storm sewer district in accordance with the resolution of intention theretofore introduced and passed by the board.

(2) The board shall be deemed to have acquired jurisdiction to order improvements immediately upon the occurrence of one of the following:

(a) when no protests have been delivered to the county clerk within 30 days after the date of the first publication of the notice of the passing of the resolution of intention;

(b) when a protest shall have been found by said board to be insufficient;

(c) when a protest shall have been overruled.
Mont. Code Ann. § 7-2-2728 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2728
7-2-2728 Effect of abandonment on county high schools
Status: in_force

7-2-2728 . Effect of abandonment on county high schools. (1) If a county high school shall have been established in any abandoned and abolished county when such county ceases to exist, such county high school shall become the high school of the district in which it is situated or located and all property, both real and personal, owned by such county or acquired for and used in connection with the maintenance and operation of such county high school shall become and be the property of such school district to be used by such school district for the maintenance and operation of such district high school. All lawful existing contracts of such county high school shall be assumed by and become the contracts of such school district. The terms of office of all trustees of such county high school shall cease and terminate at the time the existence of said abandoned and abolished county shall cease and terminate.

(2) All money in all county high school funds shall be transferred and paid over to the treasurer of the county to which the territory in which the school district succeeding to the property of the county high school is attached and made a part and used and applied as follows:

(a) Any money in any bond sinking and interest funds shall be used for the payment and interest on any unpaid and outstanding high school bonds.

(b) (i) If there shall be outstanding any high school warrants at the time such county high school ceases to exist, then all money in such county high school funds, except sinking and interest funds, shall be used for the payment of such warrants, with interest thereon.

(ii) If such money is insufficient to pay all outstanding warrants, with the interest thereon, then such warrant indebtedness shall be assumed by and become warrant indebtedness of such school district.

(c) If there be no such high school warrants outstanding, then the money in such funds shall be transferred to the high school fund of the school district which, under the provisions of this part, is to maintain such high school as a district high school.

(3) (a) All taxes levied for any sinking and interest fund for county high school bonds and remaining unpaid at the time the abandoned and abolished county ceases to exist, when collected, shall be deposited to the credit of such fund.

(b) All taxes levied for high school purposes and remaining unpaid when such county ceases to exist and all other money which would have gone to such high school if the county had not been abandoned and abolished, when collected, shall be deposited to the proper high school funds of the district in the county to which the territory of the abandoned and abolished county has been attached and made a part.
Mont. Code Ann. § 7-6-2423 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2423
7-6-2423 Procedure for claims by county commissioners
Status: in_force

7-6-2423 . Procedure for claims by county commissioners. All claims against the county presented by members of the board for per diem and mileage or other service rendered by them must be verified as other claims and must state that the service has been actually rendered.
Mont. Code Ann. § 7-21-3214 — MT Code / Title 7 / Chapter 21 / Part 32 / Section 7-21-3214
7-21-3214 Transplantation or relocation of wild buffalo or wild bison into county -- authorization
Status: in_force

7-21-3214 . Transplantation or relocation of wild buffalo or wild bison into county -- authorization. (1) A board of county commissioners shall review any proposal made by the department of livestock or the department of fish, wildlife, and parks under 81-2-120 or 87-1-216 to authorize the transplantation or relocation of any wild buffalo or wild bison certified by the state veterinarian as brucellosis-free into that county.

(2) A board of county commissioners may not authorize a wild buffalo or wild bison to be transplanted or relocated into a county unless:

(a) the animal is certified as brucellosis-free; and

(b) the board finds the transplantation or relocation does not threaten the public health, safety, and welfare of the citizens of the county.

(3) The provisions of this section do not apply to proposals made by the department of livestock or the department of fish, wildlife, and parks under 81-2-120 or 87-1-216 to transplant or relocate wild buffalo or wild bison certified by the state veterinarian as brucellosis-free to a qualified tribal entity pursuant to 81-2-120 (1)(a)(ii).
Mont. Code Ann. § 7-14-4648 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4648
7-14-4648 Payment of principal and interest
Status: in_force

7-14-4648 . Payment of principal and interest. The commission may provide for the payment of the principal and interest of bonds at any place within or without the state in specified coin or currency of the United States.
Mont. Code Ann. § 7-13-2324 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2324
7-13-2324 Notice of election on incurring bonded indebtedness
Status: in_force

7-13-2324 . Notice of election on incurring bonded indebtedness. (1) The board of directors shall give notice in accordance with 13-1-108 of the holding of the election.

(2) The notice must:

(a) state the date of the election;

(b) state the hours the polls will be open;

(c) describe the boundaries of voting precincts, which may include only the lands to be benefited as stated in the resolution;

(d) describe the purpose of the issue, the amount of bonds proposed to be issued, and the term of years for repayment of the bonds;

(e) reference the resolution authorizing the election and state that it is available for public inspection; and

(f) state any other information that the board considers proper.
Mont. Code Ann. § 7-2-4403 — MT Code / Title 7 / Chapter 2 / Part 44 / Section 7-2-4403
7-2-4403 Request for annexation by government official
Status: in_force

7-2-4403 . Request for annexation by government official. The administrative head of the owner of land referred to in 7-2-4402 or the administrative head of the holder of a beneficial interest in such land shall file with the clerk of the municipality a description of the land, a certification of ownership or of beneficial interest therein, and a statement that the owner of or the holder of the beneficial interest in the land desires to have it annexed.
Mont. Code Ann. § 7-1-4143 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4143
7-1-4143 Participation
Status: in_force

7-1-4143 . Participation. In any meeting required to be open to the public, the governing body, committee, board, authority, or entity shall adopt rules for conducting the meeting, affording citizens a reasonable opportunity to participate prior to the final decision.
Mont. Code Ann. § 7-2-4913 — MT Code / Title 7 / Chapter 2 / Part 49 / Section 7-2-4913
7-2-4913 Release of public property to county commissioners
Status: in_force

7-2-4913 . Release of public property to county commissioners. Except as provided in 7-2-4914 , upon the disincorporation of a city or town, each public officer of the city shall immediately turn over all public property of every nature and description in the officer's possession to the board of county commissioners of the county in which the city or town is situated.
Mont. Code Ann. § 7-4-4403 — MT Code / Title 7 / Chapter 4 / Part 44 / Section 7-4-4403
7-4-4403 Officers of city or town council
Status: in_force

7-4-4403 . Officers of city or town council. The council may elect a president who, in the absence of the mayor, is the presiding officer and may perform the duties of mayor. In the absence of the president, the council may appoint one of its number to act in the president's place.
Mont. Code Ann. § 7-7-2210 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2210
7-7-2210 Amortization bonds
Status: in_force

7-7-2210 . 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 principal and interest is the same on each interest payment date. However, the payment on the initial interest 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. § 7-14-246 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-246
7-14-246 Distribution of district assets after dissolution
Status: in_force

7-14-246 . Distribution of district assets after dissolution. Any assets of the district remaining after all debts and obligations of the district have been paid, discharged, or irrevocably settled shall be evenly divided between the county and any cities within or partially within the dissolved district.
Mont. Code Ann. § 7-34-2103 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2103
7-34-2103 Petition required to create hospital district
Status: in_force

7-34-2103 . Petition required to create hospital district. Proceedings for creation of a hospital district shall be initiated by a petition signed by not less than 30% of the qualified electors of the proposed hospital district who are taxpayers upon property within the proposed hospital district and whose names appear on the last-completed assessment roll for state and county taxes.
Mont. Code Ann. § 7-2-2201 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2201
7-2-2201 Authorization to create new counties
Status: in_force

7-2-2201 . Authorization to create new counties. (1) New counties may be formed and created in this state from portions of one or more counties that must have been created and in existence for a period of more than 2 years, in the manner provided in this part.

(2) Except as provided in Title 7, chapter 2, part 28, a county enlarged by the addition of territory taken from one or more other counties is a new county under the provisions of this part.
Mont. Code Ann. § 7-2-6104 — MT Code / Title 7 / Chapter 2 / Part 61 / Section 7-2-6104
7-2-6104 Order for election -- registered electors entitled to vote
Status: in_force

7-2-6104 . Order for election -- registered electors entitled to vote. (1) After the public hearing held under 7-2-6103 for a hospital district petition, the board of county commissioners in the county in which the hospital district is located shall order and give notice of an election to be held at the next election most immediately following the public hearing.

(2) Only registered electors within the area proposed to be transferred to an existing hospital district or within the area proposed to be separated from the existing hospital district may vote in the election.

(3) (a) The notice must require that the ballot contain the legal description of the proposed boundary change, together with any descriptive name or names for the property that may be in common use.

(b) In the case of the division of an existing hospital district into two districts, the notice must require that the ballot contain the legal descriptions for each district.

(4) The election must be conducted in conformance with Title 13, chapter 1, part 4.
Mont. Code Ann. § 7-1-101 — MT Code / Title 7 / Chapter 1 / Part 1 / Section 7-1-101
7-1-101 Self-government powers
Status: in_force

7-1-101 . Self-government powers. As provided by Article XI, section 6, of the Montana constitution, a local government unit with self-government powers may exercise any power not prohibited by the constitution, law, or charter. These powers include but are not limited to the powers granted to general power governments.
Mont. Code Ann. § 7-12-2162 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2162
7-12-2162 Improvement district maintenance fund
Status: in_force

7-12-2162 . Improvement district maintenance fund. The money collected from the assessment provided for in 7-12-2161 shall be paid into a fund known as the special improvement district No. .... maintenance fund, the number of which shall correspond with the number of the special improvement district in which the improvements so maintained are situated. Such fund shall be used to defray the expense of maintenance, preservation, or repair of said improvements and for no other purpose.
Mont. Code Ann. § 7-12-4244 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4244
7-12-4244 Issuance of bonds based upon supplemental revolving fund -- election
Status: in_force

7-12-4244 . Issuance of bonds based upon supplemental revolving fund -- election. (1) At any time after the award of the contract for any of the improvements described in 7-12-4241 and prior to the issuance of bonds or warrants under the provisions of 7-12-4201 and 7-12-4203 , the council may by resolution determine that the improvement is of a character that bonds may be issued under 7-12-4241 through 7-12-4258 in lieu of bonds under 7-12-4201 and 7-12-4203 , and may submit to the qualified electors of the city or town the question whether the bonds shall be issued.

(2) The proposal to issue bonds may be submitted at the same election as the proposal to create the supplemental revolving fund and must be approved by a majority of the qualified electors voting on the question.
Mont. Code Ann. § 7-12-4165 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4165
7-12-4165 Assessment of costs -- offstreet parking option
Status: in_force

7-12-4165 . Assessment of costs -- offstreet parking option. (1) When the purpose of the assessment is for the establishment and/or improvement of offstreet parking as provided in this section, the city council or commission shall assess, against the real property specifically benefited by the offstreet parking facilities, the cost of the developments involved in proportion to the benefits received by each benefited tract of land within said district.

(2) In determining the benefit to be received by each parcel of land, the council or commission shall consider:

(a) the relative distance of the parking facility from each parcel of land within the area of the special improvement district;

(b) the relative needs of parking spaces for each parcel of land located within the boundaries of said district, either as established by the city zoning ordinance, if any, or otherwise, with relation to the use of said parcel;

(c) the assessed value of each parcel within said district;

(d) the square footage of each parcel within said district as it relates to the whole;

(e) the square footage of floorspace in any improvements on the parcel and the various uses of such floorspace;

(f) the availability of existing onsite parking space on any parcel of land within the district.
Mont. Code Ann. § 7-7-4425 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4425
7-7-4425 Use of revenue from undertaking
Status: in_force

7-7-4425 . Use of revenue from undertaking. (1) Any municipality issuing bonds pursuant to this part for the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of any undertaking shall have the right to appropriate, apply, or extend the revenue of such undertaking for the following purposes:

(a) to pay when due all bonds and interest thereon for the payment of which such revenue is or shall have been pledged, charged, or otherwise encumbered, including reserves therefor;

(b) to provide for all expenses of operation and maintenance of such undertaking, including reserves therefor;

(c) to pay and discharge notes, bonds, or other obligations and interest thereon not issued under this part, for the payment of which the revenue of such undertaking is or shall have been pledged, charged, or encumbered;

(d) to pay and discharge notes, bonds, or other obligations and interest thereon which do not constitute a lien, charge, or encumbrance on the revenue of such undertaking and which shall have been issued for the purpose of financing the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of such undertaking; and

(e) to provide a reserve for betterments to such undertaking.

(2) Unless and until adequate provision has been made for the foregoing purposes, no municipality shall have the right to transfer the revenue of such undertaking to its general fund.
Mont. Code Ann. § 7-13-2212 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2212
7-13-2212 Qualifications to vote
Status: in_force

7-13-2212 . Qualifications to vote. (1) An individual is qualified to vote in any election under the provisions of part 23 and this part if the individual is a qualified voter pursuant to 13-1-111 , not including 13-1-111 (1)(a) and (1)(c), and is:

(a) a resident of the proposed or existing district;

(b) an owner of taxable real property within the boundaries of the proposed or existing district or, if the property is owned by more than one person, an agent designated by the owners;

(c) an individual listed in 13-1-506 representing a corporation or company that owns taxable real property within the boundaries of the proposed or existing district; or

(d) a designated agent for a property held in trust within the boundaries of the proposed or existing district.

(2) An individual qualified to vote pursuant to subsections (1)(b) through (1)(d) shall provide written proof of the individual's qualifications to the election administrator at least 25 days before the election.
Mont. Code Ann. § 7-13-2329 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2329
7-13-2329 Sale of bonds
Status: in_force

7-13-2329 . Sale of bonds. The board of directors may sell or dispose of the bonds issued pursuant to 7-13-2321 (2) or 7-13-2328 at times or in a manner that it considers to be to the public interest.
Mont. Code Ann. § 7-14-2831 — MT Code / Title 7 / Chapter 14 / Part 28 / Section 7-14-2831
7-14-2831 Use of penalties
Status: in_force

7-14-2831 . Use of penalties. Penalties recovered under 7-14-2821 through 7-14-2830 must be paid to the county treasury for the use of the general road fund of the county.
Mont. Code Ann. § 7-13-2344 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2344
7-13-2344 Details relating to petition to exclude land from district
Status: in_force

7-13-2344 . Details relating to petition to exclude land from district. (1) The petition referred to in 7-13-2343 shall describe the territory sought to be excluded, shall set forth that such territory is not benefited in any manner by said district or its continued inclusion therein, and shall pray that such territory may be excluded and taken from said district.

(2) Such petition shall be filed with the secretary of the district and shall be accompanied by a deposit with such secretary of the sum of $100 to meet the expenses of advertising and other costs incident to the proceedings for the exclusion of such territory, including the cost of recording a certified copy of the order provided for in 7-13-2346 . Any unconsumed balance shall be returned to the petitioner.
Mont. Code Ann. § 7-2-4606 — MT Code / Title 7 / Chapter 2 / Part 46 / Section 7-2-4606
7-2-4606 Resolution if annexation approved by voters
Status: in_force

7-2-4606 . Resolution if annexation approved by voters. (1) (a) If a majority of votes were cast in favor of the annexation, the city or town council or other legislative body shall, at a regular or special meeting held within 30 days of the election, pass and adopt a resolution providing for the annexation.

(b) The resolution must include a statement that a petition has been filed with the council or other legislative body containing the signatures of 33 1/3% of the resident electors owning real property in the area proposed to be annexed; a description of the boundaries of the area to be annexed; a copy of the resolution ordering the election; a copy of the notice of the election; the time and result of the canvass of the votes received in favor of annexation and the number of votes cast against annexation; and a statement that the boundaries of the city or town are to be extended to include the area described in the petition for annexation. The resolution must be incorporated in the minutes of the council or legislative body.

(2) A resolution adopted pursuant to 7-2-4601 (3) must include a statement that a petition has been filed with the governing body containing the signatures of more than 50% of the resident electors owning real property or the owners of real property representing 50% or more of the total area to be annexed; a description of the boundaries of the area to be annexed; and a statement that the boundaries of the municipality are to be extended to include the area described in the petition for annexation. The resolution must be incorporated in the minutes of the governing body. Upon incorporation in the minutes, the resolution must be filed and becomes effective as provided in 7-2-4607 .
Mont. Code Ann. § 7-2-4210 — MT Code / Title 7 / Chapter 2 / Part 42 / Section 7-2-4210
7-2-4210 When land conclusively presumed to be annexed
Status: in_force

7-2-4210 . When land conclusively presumed to be annexed. A tract or parcel of land that has been shown on municipal maps or plats as being within municipal boundaries but is later found to have been improperly or unofficially annexed is conclusively presumed to be annexed and may be so recorded if municipal taxes have been paid on the tract or parcel without protest for a period of 7 years.
Mont. Code Ann. § 7-32-121 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-121
7-32-121 Public safety commission
Status: in_force

7-32-121 . Public safety commission. (1) The department of public safety shall be under the supervision of a public safety commission.

(2) The commission shall consist of three, five, or seven members. Each member of the commission shall serve a 4-year term and shall be appointed as provided in 7-32-121 through 7-32-124 .

(3) No commission member may be an official of any unit of local government.
Mont. Code Ann. § 7-2-2411 — MT Code / Title 7 / Chapter 2 / Part 24 / Section 7-2-2411
7-2-2411 Transfer of court actions affecting real property
Status: in_force

7-2-2411 . Transfer of court actions affecting real property. (1) In all counties created out of any other county or where the county boundary has been changed as provided in Title 7, chapter 2, part 28, and wherever there has been an action or proceeding begun affecting any real property situated within the new county or the county to which property has been added under Title 7, chapter 2, part 28, whether the action has been prosecuted to judgment or not, upon a written motion being filed by any person or persons interested in the real property affected by the action or proceeding requesting the transfer of the files and papers and records of the action or proceeding to the office of the clerk of the district court of the county to which the real property is added, the judge of the district court in which the action or proceeding was originally begun shall order that a transfer of all the files and papers of the action or proceeding be made to the office of the clerk of the district court of the county to which the real property is added. When an order of transfer is made, the clerk of the district court in which the action or proceeding was originally instituted shall transmit all of the files and papers in the action or proceeding, together with a certified copy of all minutes of the court relating to the action or proceeding, to the clerk of the county to which the real property, the subject matter of the action or proceeding, is added.

(2) The clerk of the district court of the county to which the property is added shall, upon the receipt of the files and papers and certified copies of the minutes of the court, file the papers in the clerk's office as transferred files from the original county and shall enter and transcribe upon the clerk's records any final judgment or decree or order contained in the files or papers or records transferred.

(3) Upon the receipt and filing of the files and papers in any action or proceeding transferred to a county in accordance with the provisions of this section, the district court of the county in which the files and papers have been transferred has the same jurisdiction with reference to the real property for the enforcement of any decree, judgment, or order that may have been entered or for other proceedings that may be necessary in the action or proceeding as the district court had in the county in which the action or proceeding was originally begun.
Mont. Code Ann. § 7-12-4113 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4113
7-12-4113 Sufficient protest to bar proceedings -- exceptions
Status: in_force

7-12-4113 . Sufficient protest to bar proceedings -- exceptions. (1) Except as provided in subsections (2) and (3), no further proceedings shall be taken for a period of 6 months from the date when said protest shall have been received by said clerk of the city or town council or commission when:

(a) the council or commission finds that such protest is made by the owners of property in the district to be assessed for more than 50% of the cost of the proposed work, in accordance with the method or methods of assessment described in the resolution of intention; or

(b) the cost thereof is to be assessed upon the property within an extended district and the council or commission finds that such protest is made by the owners of more than 50% of the area of the property to be assessed for said improvements.

(2) The council or commission shall have the right to overrule any and all objections and pave the proposed block with gravel and oil surface when the improvement proposed is the paving, with necessary incidentals, of not more than one cross block to connect with streets or avenues already paved for a continuous distance of three blocks or more running at a right angle (or substantially so) with the single cross block so proposed to be paved.

(3) In case the improvement is the construction of a sanitary sewer, such protest may be overruled by an affirmative vote of a majority of the members of the council or commission unless such protest is made by the owners of property in the district to be assessed for more than 75% of the cost of the district, in accordance with the methods of assessment described in the resolution of intention, in which event the protest must be sustained as to the construction of such sanitary sewer.
Mont. Code Ann. § 7-3-4367 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4367
7-3-4367 Control of conflict of interest
Status: in_force

7-3-4367 . Control of conflict of interest. (1) Commissioners and other officers and employees may not be interested in the profits or emoluments of any contract, job, work, or service for the municipality and may not hold any partisan political office or employment. Any commissioner who ceases to possess any of the qualifications required in this part forfeits the office, and any contract in which any member is or may be interested may be declared void by the commission.

(2) A commissioner or other officer or employee of the city or town may not accept any frank, free ticket, pass, or service, directly or indirectly, from any person, firm, or corporation on terms more favorable than are granted to the public generally. Any violation of the provisions of this section is a misdemeanor and is also sufficient cause for the summary removal or discharge of the offender. The provisions for free service do not apply to police officers or firefighters in uniform or wearing their official badges when the service is provided by ordinance or to any commissioner, the city manager, or the city attorney upon official business or to any other employee or official of the city on official business who exhibits written authority signed by the city manager.
Mont. Code Ann. § 7-32-4103 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4103
7-32-4103 Supervision of police department
Status: in_force

7-32-4103 . Supervision of police department. The mayor in all cities and towns or the manager in those cities operating under the commission-manager plan has charge of and supervision over the police department. The mayor or manager shall appoint all the members and officers of the department. Subject to the provisions of this part, the mayor or manager may suspend or remove any member or officer of the force. The mayor or manager shall make rules, not inconsistent with the provisions of this part, the other laws of the state, or the ordinances of the city or town council, for the government, direction, management, and discipline of the police force.
Mont. Code Ann. § 7-3-114 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-114
7-3-114 Statutory basis for municipal commission-manager government
Status: in_force

7-3-114 . Statutory basis for municipal commission-manager government. (1) For the purpose of determining the statutory basis of existing units of local government after May 2, 1977, each unit of local government organized under the general statutes authorizing the municipal commission-manager form of government shall be governed by the following sections:

(a) 7-3-301 ;

(b) 7-3-302 (1);

(c) 7-3-303 ;

(d) 7-3-304 ;

(e) 7-3-305 ;

(f) 7-3-312 (3);

(g) 7-3-313 (1);

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

(i) 7-3-315 (2);

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

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

(l) 7-3-318 .

(2) This form has terms of 4 years for all elected officials. The size of the commission shall be established by ordinance, but it may not exceed five members.
Mont. Code Ann. § 7-13-2323 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2323
7-13-2323 Election on question of incurring bonded indebtedness
Status: in_force

7-13-2323 . Election on question of incurring bonded indebtedness. (1) The board of directors shall fix a date on which an election is held in accordance with 13-1-504 for the purpose of authorizing the bonded indebtedness to be incurred.

(2) The board may order as many as two elections each year if:

(a) there are no bids within the amount of approved bonds;

(b) there is an emergency;

(c) a directive for a project is received from a government agency; or

(d) it is necessary to take advantage of the construction season.
Mont. Code Ann. § 7-1-117 — MT Code / Title 7 / Chapter 1 / Part 1 / Section 7-1-117
7-1-117 Energy source restrictions -- prohibition
Status: in_force

7-1-117 . Energy source restrictions -- prohibition. (1) Notwithstanding any other provision of law, a local government may not adopt or enforce an ordinance, resolution, or policy that prohibits or impedes, or has the effect of prohibiting or impeding, the connection or reconnection of an electric, natural gas, propane, or other energy or utility service provided by a public utility, municipal utility, cooperative utility, or other energy or fuel provider.

(2) For the purposes of this section, "local government" includes a county, a consolidated government, an incorporated city or town, or a special district.
Mont. Code Ann. § 7-7-4428 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4428
7-7-4428 Covenants in resolution authorizing issuance of bonds
Status: in_force

7-7-4428 . Covenants in resolution authorizing issuance of bonds. Any resolution or resolutions authorizing the issuance of bonds under this part may contain covenants as to:

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

(2) the use and disposition of the revenue of the undertaking for which the bonds are to be issued, including the creation and maintenance of reserves and including the pledge or appropriation of all or a portion of the property and resort tax revenue referred to in 7-7-4424 ;

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

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

(5) the operation and maintenance of the undertaking;

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

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

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

(a) enter and take possession of the undertaking;

(b) operate and maintain the undertaking;

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

(d) collect, receive, and apply all revenue thereafter arising from the undertaking in the same manner as the municipality itself might do.
Mont. Code Ann. § 7-5-2315 — MT Code / Title 7 / Chapter 5 / Part 23 / Section 7-5-2315
7-5-2315 Energy performance contracts exempt
Status: in_force

7-5-2315 . Energy performance contracts exempt. This part does not apply to solicitation and award of an investment grade energy audit or energy performance contract pursuant to Title 90, chapter 4, part 11, or to the construction or installation of conservation measures pursuant to the energy performance contract.
Mont. Code Ann. § 7-14-2135 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2135
7-14-2135 Notice to remove encroachment
Status: in_force

7-14-2135 . Notice to remove encroachment. (1) Except as provided in 7-14-2134 (6), notice to remove the encroachment immediately, specifying the breadth of the highway and the place and extent of the encroachment, must be given to the occupant or owner of the land or the person owning or causing the encroachment.

(2) Notice must be given in the following manner:

(a) by leaving it at the occupant's or owner's place of residence if the person resides in the county; or

(b) by posting it on the encroachment if the person does not reside in the county.
Mont. Code Ann. § 7-8-2705 — MT Code / Title 7 / Chapter 8 / Part 27 / Section 7-8-2705
7-8-2705 Term of office of board members
Status: in_force

7-8-2705 . Term of office of board members. (1) The citizen members first appointed pursuant to 7-8-2704 serve the following terms:

(a) two for a 2-year term;

(b) two for a 4-year term; and

(c) one for a 6-year term.

(2) On the expiration of the terms of the initial appointees, the succeeding members shall be appointed for the term of 6 years.
Mont. Code Ann. § 7-15-4457 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4457
7-15-4457 Federal financial assistance for low-rent housing for the elderly
Status: in_force

7-15-4457 . Federal financial assistance for low-rent housing for the elderly. (1) Any application of the authority for federal financial assistance for such housing for elderly families shall first be approved by the council by resolution duly adopted.

(2) An authority may agree to conditions as to tenant eligibility or preference required by the federal government pursuant to federal law in any contract for financial assistance with the authority.
Mont. Code Ann. § 7-16-2105 — MT Code / Title 7 / Chapter 16 / Part 21 / Section 7-16-2105
7-16-2105 Acquisition of land by county for public recreational or cultural purposes
Status: in_force

7-16-2105 . Acquisition of land by county for public recreational or cultural purposes. A county may acquire, by purchase, grant, deed, gift, or devise, lands suitable for public camping, public recreational purposes, civic centers, youth centers, museums, recreational centers, and any combination of the enumerated uses. A county may lease the land tracts, each of which must be situated so that it offers ready access to a public highway.
Mont. Code Ann. § 7-3-517 — MT Code / Title 7 / Chapter 3 / Part 5 / Section 7-3-517
7-3-517 Terms of elected officials
Status: in_force

7-3-517 . Terms of elected officials. The term of office of elected officials may not exceed 4 years and shall be established when the form is adopted by the voters.
Mont. Code Ann. § 7-4-2601 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2601
7-4-2601 Limitation on number of deputy county clerks
Status: in_force

7-4-2601 . Limitation on number of deputy county clerks. The number of deputies allowed the county clerk may not exceed:

(1) six in counties having a taxable valuation of $30 million or more;

(2) three in counties having a taxable valuation of $20 million or more and less than $30 million;

(3) two in counties having a taxable valuation of $10 million or more and less than $20 million;

(4) one in counties having a taxable valuation of less than $10 million.
Mont. Code Ann. § 7-14-2110 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2110
7-14-2110 Preparation of plat books
Status: in_force

7-14-2110 . Preparation of plat books. Each board of county commissioners may in its discretion order the county surveyor, or some other surveyor if the county surveyor is incompetent, to prepare suitable platbooks. Each board shall have recorded in it with the county clerk a full description of each county road, showing each course by bearing and distance, a full and complete map of the road, and a record of all proceedings with reference to the road.
Mont. Code Ann. § 7-13-2511 — MT Code / Title 7 / Chapter 13 / Part 25 / Section 7-13-2511
7-13-2511 Prohibition on operation of cable TV systems
Status: in_force

7-13-2511 . Prohibition on operation of cable TV systems. A television district organized under Title 7, chapter 11, part 10, or the former provisions of this part may not perform any acts or take any steps to construct or operate community antenna systems, commonly known and referred to as cable TV systems.
Mont. Code Ann. § 7-6-2404 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2404
7-6-2404 Oath of office
Status: in_force

7-6-2404 . Oath of office. Any person who shall be elected or appointed to the office of county auditor shall, before entering upon the duties of said office, take and subscribe such constitutional oath as is required of other county officers.
Mont. Code Ann. § 7-6-2606 — MT Code / Title 7 / Chapter 6 / Part 26 / Section 7-6-2606
7-6-2606 Order of redemption of warrants
Status: in_force

7-6-2606 . Order of redemption of warrants. (1) Warrants drawn on the treasury and properly attested are entitled to preference as to payment out of money in the treasury properly applicable to the warrants according to the priority of time in which they were presented. The time of presenting the warrants must be noted by the treasurer.

(2) Upon the receipt of money into the treasury, not otherwise appropriated, the treasurer shall set apart the the money or as much of the money as is necessary for the payment of the warrants.
Mont. Code Ann. § 7-4-2616 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2616
7-4-2616 Map book
Status: in_force

7-4-2616 . Map book. The county clerk shall keep a well-bound book containing maps of towns, villages, or additions to the towns or villages within the county, together with the description, acknowledgment, or other writing on the maps.
Mont. Code Ann. § 7-14-1003 — MT Code / Title 7 / Chapter 14 / Part 10 / Section 7-14-1003
7-14-1003 Commissioners
Status: in_force

7-14-1003 . Commissioners. (1) The powers of each transportation improvement authority are vested in the commissioners. A majority of the commissioners of an authority constitute a quorum for the purpose of conducting the business of the authority and exercising its powers for all other purposes. Action may be taken by the authority upon a vote of the majority of the commissioners present.

(2) There must be elected a presiding officer and vice presiding officer from among the commissioners. An authority shall employ an executive director and may employ other personnel as necessary. An authority shall determine the qualifications, duties, and compensation of its employees.

(3) Each commissioner shall hold office until a successor is appointed and has qualified. The certificate of the appointment or reappointment of a commissioner must be filed with the authority.
Mont. Code Ann. § 7-6-602 — MT Code / Title 7 / Chapter 6 / Part 6 / Section 7-6-602
7-6-602 Definition
Status: in_force

7-6-602 . Definition. For the purposes of this part, "local government entity" means a consolidated city-county or a county or an incorporated city or town.
Mont. Code Ann. § 7-31-301 — MT Code / Title 7 / Chapter 31 / Part 3 / Section 7-31-301
7-31-301 Amateur radio station operation from motor vehicle
Status: in_force

7-31-301 . Amateur radio station operation from motor vehicle. A local governing body may not by ordinance, resolution, or rule prohibit the operation of a mobile amateur radio station from a motor vehicle, including while the vehicle is in motion, that is operated by a person who holds an unrevoked and unexpired official amateur radio station license and operator's license, "technician" or higher class, issued by the federal communications commission of the United States.
Mont. Code Ann. § 7-33-2405 — MT Code / Title 7 / Chapter 33 / Part 24 / Section 7-33-2405
7-33-2405 Mutual aid agreements -- request if no agreement exists -- definitions
Status: in_force

7-33-2405 . Mutual aid agreements -- request if no agreement exists -- definitions. (1) A mutual aid agreement is an agreement for protection against disasters, incidents, or emergencies.

(2) The governing body of a fire service area may enter mutual aid agreements with the proper authority of:

(a) other fire service areas;

(b) unincorporated municipalities;

(c) incorporated municipalities;

(d) state agencies;

(e) private fire prevention agencies;

(f) federal agencies;

(g) fire districts;

(h) governing bodies of other political subdivisions in Montana; and

(i) governing bodies of fire protection services, emergency medical care providers, and local government subdivisions of any other state or the United States pursuant to Title 10, chapter 3, part 11.

(3) If the governing body of a fire service area has not concluded a mutual aid agreement, the governing body, a representative of the governing body, or an incident commander may request assistance pursuant to 10-3-209 .

(4) As used in this section, "incidents", "disasters", and "emergencies" have the meanings provided in 10-3-103 .
Mont. Code Ann. § 7-3-1321 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1321
7-3-1321 Authorization to incur indebtedness -- limitation
Status: in_force

7-3-1321 . Authorization to incur indebtedness -- limitation. (1) The consolidated municipality may borrow money or issue bonds for any municipal purpose to the extent and in the manner provided by the constitution and laws of Montana for the borrowing of money or issuing of bonds by counties and cities and towns.

(2) The municipality may not become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate that exceeds 2.5% of the total assessed value of taxable property, determined as provided in 15-8-111 , within the municipality, as ascertained by the last assessment for state and county taxes prior to incurring indebtedness. All warrants, bonds, or obligations in excess of the amount given by or on behalf of the municipality are void.
Mont. Code Ann. § 7-14-4613 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4613
7-14-4613 Funds for administrative purposes of parking commission
Status: in_force

7-14-4613 . Funds for administrative purposes of parking commission. When any city or the commission created for it becomes authorized to transact business and exercise the powers of a parking commission, the legislative body of the city, subject to its fiscal law, may, at that time and from time to time thereafter, make an estimate of the amount of money required for administrative purposes of the commission and may appropriate such amounts to the commission as it deems necessary, subject to such conditions as the legislative body may prescribe.
Mont. Code Ann. § 7-1-4202 — MT Code / Title 7 / Chapter 1 / Part 42 / Section 7-1-4202
7-1-4202 Definitions
Status: in_force

7-1-4202 . Definitions. As used in this part, the following definitions apply:

(1) "Employee" means a person in this state who is in the service of an employer or engaged in employment as defined in 39-2-101 or under any appointment or contract of hire, written or oral, express or implied.

(2) "Employer" means a person or entity in this state that has one or more employees.

(3) "Employment benefit" means anything of value or any type of compensation, other than wages, provided by an employer to an employee without regard to whether the employer places a monetary value on the benefit or whether the benefit is subject to taxation. The term includes but is not limited to:

(a) health, disability, retirement, profit-sharing, and death benefits;

(b) group accidental death and dismemberment benefits;

(c) paid or unpaid leave for holidays, sick leave, vacation, and personal necessity; and

(d) terms of employment, notice of advance scheduling, and additional pay for schedule changes.

(4) "Political subdivision" means a local government unit, including but not limited to a county, city, or town established under authority of Article XI, section 1 or 6, of the Montana constitution.
Mont. Code Ann. § 7-15-4416 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4416
7-15-4416 Cooperation among governmental units and housing authorities
Status: in_force

7-15-4416 . Cooperation among governmental units and housing authorities. (1) An authority shall have power to arrange with the state, its subdivisions and agencies, and any county, city, or municipality of the state, to the extent that it is within the scope of each of their respective functions:

(a) to cause the services customarily provided by each of them to be rendered for the benefit of such housing authority and/or the occupants of any housing project;

(b) to provide and maintain parks and sewage, water, and other facilities adjacent to or in connection with housing projects; and

(c) to change the city or municipality map or to plan, replan, zone, or rezone any part of the city or municipality.

(2) (a) For the purpose of aiding and cooperating in the planning, construction, and operation of housing projects located within their respective territorial boundaries, the state, its subdivisions and agencies, and any county, city, or municipality of the state may, upon such terms, with or without consideration, as it may determine:

(i) grant, sell, convey, or lease any of its property to a housing authority or the United States of America or any agency thereof; and

(ii) to the extent that it is within the scope of each of their respective functions:

(A) cause the services customarily provided by each of them to be rendered for the benefit of the housing authority and/or the occupants of such housing projects;

(B) provide and maintain parks and sewage, water, and other facilities adjacent to or in connection with housing projects; and

(C) enter into any agreement to open, close, pave, install, or change the grade of streets, roads, roadways, alleys, sidewalks, or other such facilities; to change the city or municipality map; or to plan, replan, zone, or rezone any part of the city or municipality.

(b) Any law or statute to the contrary notwithstanding, any gift, grant, sale, conveyance, lease, or agreement provided for in this subsection may be made by the state, its subdivisions and agencies, and any county, city, or municipality of the state without appraisal, public notice, advertisement, or public bidding.

(c) In connection with the exercise of the power granted by subsection (2), any city or municipality may incur the entire expense of any such public improvement located within its territorial boundaries without assessment against abutting property owners.

(d) As used in subsection (2):

(i) "municipality" shall mean any city, town, or incorporated village of the state;

(ii) "housing project" shall mean any undertaking to demolish, clear, remove, alter, or repair unsafe or unsanitary housing and/or to provide dwelling accommodations for persons of low income, and said term may also include such buildings and equipment for recreational or social assemblies for educational, health, or welfare purposes and such necessary utilities as are designed primarily for the benefit and use of the housing authority and/or the occupants of such dwelling accommodations.
Mont. Code Ann. § 7-4-2311 — MT Code / Title 7 / Chapter 4 / Part 23 / Section 7-4-2311
7-4-2311 Implementation of consolidation order
Status: in_force

7-4-2311 . Implementation of consolidation order. (1) Whenever any such order is made consolidating two or more of such offices, it shall be the duty of the officers holding and occupying such offices, at the end of their terms of office, to deliver and transfer to their successor or successors all of the books, files, papers, documents, maps, plats, and records of such offices.

(2) The officer or officers receiving the same shall make and deliver proper receipts therefor and shall thereafter:

(a) be the custodian or custodians of such books, files, papers, documents, maps, plats, and records;

(b) perform all of the duties and acts imposed on such consolidated offices as required of them by law; and

(c) make and execute, with full legal force and effect, all certificates, official statements, official reports, affidavits, and other instruments required to be made by the laws of this state by either or any of the officers whose offices have been so consolidated.

(3) If the laws of this state or the rules, regulations, orders, or directions of any officer or department of the state shall require each of two offices which are consolidated to keep duplicate or similar records, books, or accounts, after such consolidation, such consolidated office shall keep but one set of such records, books, or accounts.
Mont. Code Ann. § 7-14-4101 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4101
7-14-4101 Municipal authority to establish, alter, and maintain trafficways and public grounds
Status: in_force

7-14-4101 . Municipal authority to establish, alter, and maintain trafficways and public grounds. (1) The city or town council has power to lay out, establish, open, alter, widen, extend, grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, and public grounds and to vacate the same.

(2) The council has power to order any work provided in this code to be done upon the streets, alleys, or public places of a city or town.
Mont. Code Ann. § 7-12-4104 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4104
7-12-4104 Resolution of intention to create special improvement district
Status: in_force

7-12-4104 . Resolution of intention to create special improvement district. (1) Before creating any special improvement district for the purpose of making any of the improvements or acquiring any private property for any purpose authorized by this part, the city council shall pass a resolution of intention to do so.

(2) The resolution shall:

(a) designate the number of such district;

(b) describe the boundaries thereof;

(c) state therein the general character of the improvement or improvements which are to be made and an approximate estimate of the cost thereof;

(d) specify the method or methods by which the costs of the improvements will be assessed against property in the district; and

(e) if the method of assessment is that described in 7-12-4162 (3)(a), specify that if an increase occurs in the number of benefited lots, tracts, or parcels within the boundaries of the district during the term of the bonded indebtedness, the assessment per lot, tract, or parcel then in the district will be recalculated as provided in 7-12-4162 (3)(b).

(3) When any improvement is to be made in paving, the city or town council may, in describing the general character of it in the resolution, describe several kinds of paving.
Mont. Code Ann. § 7-21-2114 — MT Code / Title 7 / Chapter 21 / Part 21 / Section 7-21-2114
7-21-2114 Investigation of possible licensing violations
Status: in_force

7-21-2114 . Investigation of possible licensing violations. The board of county commissioners shall investigate whether any persons are doing business in the county without a license or if the amount of a license is sufficient. In either event, the treasurer must be officially notified.
Mont. Code Ann. § 7-21-4103 — MT Code / Title 7 / Chapter 21 / Part 41 / Section 7-21-4103
7-21-4103 Issuance of licenses
Status: in_force

7-21-4103 . Issuance of licenses. The city clerk must issue such licenses.
Mont. Code Ann. § 7-14-2803 — MT Code / Title 7 / Chapter 14 / Part 28 / Section 7-14-2803
7-14-2803 Establishment and operation of public ferry or wharf upon petition
Status: in_force

7-14-2803 . Establishment and operation of public ferry or wharf upon petition. When a petition to a board of county commissioners indicates that it is necessary to establish and maintain a public ferry across or a wharf at any unfordable stream, lake, estuary, or bay, the county, through its board of county commissioners, may construct a ferry or wharf or may purchase or acquire a ferry or wharf by condemnation, as provided in Title 70, chapter 30, and may operate and maintain a ferry across or a wharf at any unfordable stream, lake, estuary, or bay within or bordering the county. The county may also acquire, operate, and maintain all the necessary boats, grounds, roads, approaches, landings, and improvements pertaining to the ferry or wharf. The county may operate the ferry or wharf for free or may charge for the use.
Mont. Code Ann. § 7-14-4702 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4702
7-14-4702 Control of traffic on pedestrian malls
Status: in_force

7-14-4702 . Control of traffic on pedestrian malls. When the public interest or convenience requires, the governing body of a municipality may prohibit, in whole or in part, vehicular traffic on a pedestrian mall.
Mont. Code Ann. § 7-14-2108 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2108
7-14-2108 Recording of instruments related to acquisition of right-of-way
Status: in_force

7-14-2108 . Recording of instruments related to acquisition of right-of-way. (1) When a right-of-way is voluntarily given or purchased, a written instrument conveying the right-of-way and incidents to the right-of-way must be signed and acknowledged by the person making it. The instrument must then be recorded in the office of the clerk of the county where the land is located.

(2) When a right-of-way is condemned pursuant to Title 70, chapter 30, a certified copy of the judgment of the court must be made. The copy must then be filed in the office of the clerk of the county where the land is located.

(3) Both types of instruments must particularly describe the land.
Mont. Code Ann. § 7-32-4110 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4110
7-32-4110 Procedure for reinstatement on police force
Status: in_force

7-32-4110 . Procedure for reinstatement on police force. (1) An applicant for a position on the police force who has already served 20 years or more in the aggregate on the police force of the city or town to which the person is applying for reinstatement may make application within 1 year from the date on which the person's name was removed from the active list of police officers to the police commission of that city or town in which the person last served, and the application must be considered by the police commission within 30 days after receipt of the application.

(2) The commission may not require the applicant to have a physical examination or other examination required of applicants for a position on the police force. If the police commission recommends the reinstatement of the applicant as a member of the police force, the probationary term required of applicants for positions must be dispensed with for the applicant for reinstatement. The mayor shall submit to the city council of the city at its next regular meeting the recommendation of the police commission. If a majority of the city council vote in favor of adopting the recommendation of the commission, the applicant must be immediately reinstated as a police officer in the city or town.
Mont. Code Ann. § 7-6-4001 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4001
7-6-4001 Short title -- applicability
Status: in_force

7-6-4001 . Short title -- applicability. (1) This part may be referred to as the "Local Government Budget Act".

(2) This part applies to all local governments.
Mont. Code Ann. § 7-14-2825 — MT Code / Title 7 / Chapter 14 / Part 28 / Section 7-14-2825
7-14-2825 Establishment of new ferry near existing ferry
Status: in_force

7-14-2825 . Establishment of new ferry near existing ferry. No toll ferry must be established within 1 mile immediately above or below a regularly established ferry unless the situation of a town or village, the crossing of a public highway, or the intersection of some creek or ravine renders it necessary for public convenience. In addition to the public notice required, notice of intention to apply for authority to erect a toll ferry must be served upon the proprietor of the ferry already established, at least 10 days prior thereto, giving the time and place and grounds of such application.
Mont. Code Ann. § 7-2-2606 — MT Code / Title 7 / Chapter 2 / Part 26 / Section 7-2-2606
7-2-2606 Determination and publication of election results
Status: in_force

7-2-2606 . Determination and publication of election results. (1) When the returns have been received and compared and the results ascertained by the board, if a majority of the qualified electors voting on the question have voted in favor of any particular place, the board must give notice of the results by posting notices thereof in all the election precincts of the county and by publishing a like notice in a newspaper printed in the county at least once a week for 4 weeks.

(2) In the notice provided for in this section, the place selected to be the county seat of the county must be so declared from a day specified in the notice, not more than 90 days after the election. After the day named in the notice, the place chosen is the county seat of the county.
Mont. Code Ann. § 7-2-4621 — MT Code / Title 7 / Chapter 2 / Part 46 / Section 7-2-4621
7-2-4621 When land conclusively presumed to be annexed
Status: in_force

7-2-4621 . When land conclusively presumed to be annexed. A tract or parcel of land that has been shown on municipal maps or plats as being within municipal boundaries but is later found to have been improperly or unofficially annexed is conclusively presumed to be annexed and may be so recorded if municipal taxes have been paid on the tract or parcel without protest for a period of 7 years.
Mont. Code Ann. § 7-13-2331 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2331
7-13-2331 Issuance of general obligation bonds
Status: in_force

7-13-2331 . Issuance of general obligation bonds. (1) In addition to the powers granted to a district in this part to finance facilities and improvements, a district may issue general obligation bonds for a term of up to 40 years to:

(a) provide funds to pay part or all of the cost of acquisition, construction, or improvement of facilities; or

(b) refund any bonds issued for the acquisition, construction, or improvement of facilities.

(2) General obligation bonds issued pursuant to this section must be authorized, sold, and issued, with provisions for their payment, in the manner and subject to the conditions prescribed for bonds of school districts in Title 20, chapter 9, part 4, except to the extent that those conditions conflict with the express provisions of part 22 or this part.

(3) Nothing in this section prohibits a district from imposing rates or other charges for the use of facilities that have been financed in whole or part by general obligation bonds under this section if the revenue from the rates or charges is used to abate taxes that have been levied to pay the principal or interest on the general obligation bonds or is used to pay the principal or interest on other bonded indebtedness of the district.
Mont. Code Ann. § 7-15-4301 — MT Code / Title 7 / Chapter 15 / Part 43 / Section 7-15-4301
7-15-4301 Authorization to issue urban renewal bonds, targeted economic development bonds, and refunding bonds
Status: in_force

7-15-4301 . Authorization to issue urban renewal bonds, targeted economic development bonds, and refunding bonds. (1) A local government or municipality may:

(a) issue bonds from time to time, in its discretion, to finance the undertaking of any urban renewal project or targeted economic development district project under Title 7, chapter 15, part 42, and this part, including, without limiting the generality of projects, the payment of principal and interest upon any advances for surveys and plans for the projects; and

(b) issue refunding bonds for the payment or retirement of bonds previously issued by it.

(2) Except as provided in 7-15-4302 , bonds may not pledge the general credit of the local government or municipality and must be made payable, as to both principal and interest, solely from the income, proceeds, revenue, and funds of the local government or municipality derived from or held in connection with its undertaking and carrying out of urban renewal projects or targeted economic development district projects under Title 7, chapter 15, part 42, and this part, including the tax increment received and pledged by the local government or municipality pursuant to 7-15-4282 through 7-15-4294 , and, if the income, proceeds, revenue, and funds of the local government or municipality are insufficient for the payment, from other revenue of the local government or municipality pledged to the payment. Payment of the bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant, or contribution from the federal government or other source in aid of any urban renewal projects or targeted economic development district projects of the local government or municipality under Title 7, chapter 15, part 42, and this part or by a mortgage on all or part of any projects.

(3) Bonds issued under this section must be authorized by resolution or ordinance of the local governing body.

(4) If applicable, the governing body of 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. § 7-31-110 — MT Code / Title 7 / Chapter 31 / Part 1 / Section 7-31-110
7-31-110 Effect of election
Status: in_force

7-31-110 . Effect of election. (1) If a majority of the votes cast were for the contract and bonds, then the contract is in full force and effect and the bonds shall be issued and disposed of in the manner provided in this part.

(2) If there was a tie vote or a majority of the votes were cast against the contract and bonds, then the contract and surety bond given for its fulfillment are void and the bonds shall not be issued.
Mont. Code Ann. § 7-21-4202 — MT Code / Title 7 / Chapter 21 / Part 42 / Section 7-21-4202
7-21-4202 Regulation of foodstuffs
Status: in_force

7-21-4202 . Regulation of foodstuffs. The city or town council has power to:

(1) provide for and regulate the inspection of flour, meal, and all provisions and oils;

(2) regulate the inspection of milk, water, butter, lard, and other provisions;

(3) except as provided in 50-50-126 , regulate the vending of meat, poultry, fish, game, and vegetables; and

(4) restrain and punish the forestalling of provisions.
Mont. Code Ann. § 7-5-4202 — MT Code / Title 7 / Chapter 5 / Part 42 / Section 7-5-4202
7-5-4202 Incorporation of technical codes by reference
Status: in_force

7-5-4202 . Incorporation of technical codes by reference. (1) The governing body of an incorporated city or town may adopt technical building, zoning, health, electrical, fire, and plumbing codes in whole or in part by reference.

(2) The notice of intent to adopt a technical code in whole or in part by reference must be published as provided in 7-1-4127 . A copy of the code or part to be adopted must be filed with the clerk of the city or town for inspection by the public.

(3) If a technical code or part of a code is adopted by reference, a record in "The Ordinance Book" may be made by recording the ordinance without setting forth the provisions of the code or part of a code adopted.
Mont. Code Ann. § 7-15-4263 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4263
7-15-4263 Procedure to dispose of property to private persons
Status: in_force

7-15-4263 . Procedure to dispose of property to private persons. (1) A municipality may dispose of real property in an urban renewal area to private persons only under reasonable procedures as it shall prescribe or as provided in this section.

(2) (a) A municipality shall by public notice invite proposals from and make available all pertinent information to private redevelopers or any persons interested in undertaking to redevelop or rehabilitate an urban renewal area or any part of an urban renewal area.

(b) The notice must be published as provided in 7-1-4127 prior to the execution of any contract or deed to sell, lease, or otherwise transfer real property and prior to the delivery of any instrument of conveyance under the provisions of 7-15-4262 through 7-15-4266 .

(c) The notice must identify the area or portion of the area and must state that any further information that is available may be obtained at the office designated in the notice.

(3) The municipality shall consider all redevelopment or rehabilitation proposals and the financial and legal ability of the persons making the proposals to carry them out. The municipality may accept those proposals as it considers to be in the public interest and in furtherance of the purposes of this part and part 43. Thereafter, the municipality may execute, in accordance with the provisions of 7-15-4262 and 7-15-4264 , and deliver contracts, deeds, leases, and other instruments of transfer.
Mont. Code Ann. § 7-2-4912 — MT Code / Title 7 / Chapter 2 / Part 49 / Section 7-2-4912
7-2-4912 Management of unencumbered cash
Status: in_force

7-2-4912 . Management of unencumbered cash. (1) Under the supervision of the director of the department of administration or the director's designee, the city treasurer or town clerk shall draw a treasurer's check for the amount of unencumbered cash in the city or town treasury. The check must be made payable to and delivered to the county treasurer of the county in which the disincorporating city or town is situated.

(2) The county treasurer shall immediately place the money in a special fund, to be drawn upon as provided in this part.
Mont. Code Ann. § 7-7-4434 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4434
7-7-4434 Notice of sale of bonds
Status: in_force

7-7-4434 . Notice of sale of bonds. The notice of sale of bonds required by 7-7-4433 (2) for bonds sold publicly must be published once at least 5 days prior to the sale in a newspaper of general circulation in the state, and the governing body may publish the notice or summary of the notice in a financial newspaper published in the city of New York, Chicago, or San Francisco.
Mont. Code Ann. § 7-8-2603 — MT Code / Title 7 / Chapter 8 / Part 26 / Section 7-8-2603
7-8-2603 Exchange of tax-deed lands for timber lands
Status: in_force

7-8-2603 . Exchange of tax-deed lands for timber lands. After any lands acquired by the county by tax deed have been offered for sale at public auction and not sold, the board of county commissioners may exchange such lands for other lands which are principally valuable for the timber thereon or for the growing of timber if, in the opinion of such board, it is in the best interests of such county to acquire such other lands for the purpose of creating county forests or for the purpose of consolidating such lands with then-existing county forests.
Mont. Code Ann. § 7-32-2130 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2130
7-32-2130 Liability for refusing to pay money
Status: in_force

7-32-2130 . Liability for refusing to pay money. If on demand the sheriff neglects or refuses to pay any money to the person entitled to money that may come into the sheriff's possession by virtue of office, after deducting legal fees, the person may recover the amount with 25% damages and interest at the rate of 10% a month from the time of demand.
Mont. Code Ann. § 7-7-4206 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4206
7-7-4206 Redemption of bonds
Status: in_force

7-7-4206 . Redemption of bonds. Other than refunding bonds, all bonds issued for a longer term than 5 years must be redeemable at the option of the city or town on any interest payment date after one-half of the term for which they were issued has expired, and the redemption option must be recited in the bonds.
Mont. Code Ann. § 7-3-4255 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4255
7-3-4255 Compensation of mayor, council members, and employees
Status: in_force

7-3-4255 . Compensation of mayor, council members, and employees. (1) The total compensation of council members is as follows:

(a) In cities of the third class having a population of less than 3,000, the annual salary of the mayor may not exceed $600 and the annual salary of each council member may not exceed $500. In cities of the third class having a population of 3,000 or more, the annual salary of the mayor may not exceed $1,000 and the annual salary of each council member may not exceed $900.

(b) In cities of the second class, the annual salary of the mayor may not exceed $1,650 and the annual salary of each council member may not exceed $1,500.

(c) In cities of the first class having a population of less than 30,000, the annual salary of the mayor may not exceed $4,500 and the annual salary of each council member may not exceed $3,800. In cities of the first class having a population of 30,000 and over, the annual salary of the mayor may not exceed $4,800 and the annual salary of each council member may not exceed $4,000.

(2) Any increase in salary occasioned by the advance in class or increase in population of any city commences with the month following the publication of the census showing the advance in class or increase in population.

(3) Every other officer or assistant must receive the salary or compensation that the council shall by ordinance from time to time provide, payable in equal monthly installments.

(4) The salary or compensation of all other employees of the city must be fixed by the council and is payable monthly or at shorter periods that the council may determine.
Mont. Code Ann. § 7-15-4103 — MT Code / Title 7 / Chapter 15 / Part 41 / Section 7-15-4103
7-15-4103 Authorization for municipalities to furnish assistance in the rehabilitation of private dwellings
Status: in_force

7-15-4103 . Authorization for municipalities to furnish assistance in the rehabilitation of private dwellings. When it has determined that unsanitary or unsafe privately owned dwelling accommodations exist within the limits of the city or town and when it has further determined that the owners of such accommodations are unable under the prevailing market conditions to finance rehabilitation of their dwellings without assistance, the governing body of any municipal corporation:

(1) may finance the rehabilitation of such unsanitary or unsafe privately owned dwelling accommodations through the use of grants of funds or property, direct loans, loan guarantees, and other means;

(2) may apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the federal government or the state, county, or other public body or from any other public or private source for the purpose of this section and 7-15-4102 ; and

(3) may enter into and carry out contracts in connection therewith.
Mont. Code Ann. § 7-4-2303 — MT Code / Title 7 / Chapter 4 / Part 23 / Section 7-4-2303
7-4-2303 Petition for intercounty consolidation of offices
Status: in_force

7-4-2303 . Petition for intercounty consolidation of offices. (1) A written petition may also be filed with the boards of county commissioners of counties asking for consolidation of any two or more offices among several counties.

(2) In the case of consolidation of offices among several counties, the petition shall be signed by not less than 15% of the registered electors in each of the counties affected.
Mont. Code Ann. § 7-7-4205 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4205
7-7-4205 Term of general obligation bonds
Status: in_force

7-7-4205 . Term of general obligation bonds. (1) Bonds for any purpose may not be issued for a longer term than 20 years.

(2) For purposes of this section, the term of a bond issue commences on July 1 of the fiscal year in which the city first levies taxes to pay principal and interest on the bonds.
Mont. Code Ann. § 7-7-4630 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4630
7-7-4630 Right to receivership upon default
Status: in_force

7-7-4630 . Right to receivership upon default. (1) Any holder of refunding bonds or trustee therefor shall have the right to apply in an appropriate judicial proceeding to the district court or any court of competent jurisdiction for the appointment of a receiver of the enterprise, whether or not all refunding bonds have been declared due and payable and whether or not such holder or trustee therefor is seeking or has sought to enforce any other right or exercise any remedy in connection with such refunding bonds:

(a) in the event that the municipality shall default in the payment of the principal or interest on any of the refunding bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of 30 days; or

(b) in the event that the municipality or the governing body or officers, agents, or employees thereof shall fail or refuse to comply with the provisions of this part or shall default in any agreement made with the holders of the refunding bonds.

(2) Upon such application, the district court may appoint and if the application is made by the holders of 25% in principal amount of such refunding bonds then outstanding or any trustee for holders of such refunding bonds in such principal amount shall appoint a receiver of the enterprise.
Mont. Code Ann. § 7-12-2206 — MT Code / Title 7 / Chapter 12 / Part 22 / Section 7-12-2206
7-12-2206 Application of part
Status: in_force

7-12-2206 . Application of part. Provisions of this part shall only apply to the method of securing funds for the maintenance of rural improvement districts for lighting systems.
Mont. Code Ann. § 7-13-145 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-145
7-13-145 Hearing and notice on tax levy for operation and maintenance
Status: in_force

7-13-145 . Hearing and notice on tax levy for operation and maintenance. (1) Not less than 30 days prior to the date of making the levy for operation and maintenance of the system, the county commissioners shall hold a public hearing on the resolution.

(2) Notice clearly setting forth the subject matter of the hearing must be given by the commissioners by publication as provided in 7-1-2121 .
Mont. Code Ann. § 7-15-2102 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2102
7-15-2102 Petition to create county housing authority -- hearing and notice
Status: in_force

7-15-2102 . Petition to create county housing authority -- hearing and notice. (1) Any 25 residents of a county may file a petition with the county clerk setting forth that there is a need for a housing authority to function in the county.

(2) Upon the filing of such a petition, the county clerk shall give notice of the time, place, and purpose of a public hearing at which the board of county commissioners will determine the need for an authority in the county.
Mont. Code Ann. § 7-14-210 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-210
7-14-210 Election on question of creating urban transportation district or addition to district
Status: in_force

7-14-210 . Election on question of creating urban transportation district or addition to district. (1) The commissioners, on completion of the public hearing required by 7-14-203 (1) or 7-14-207 , shall proceed by resolution to refer the creation of the district or an addition to a district to the persons qualified to vote on the proposition.

(2) The election must be held in accordance with Title 13, chapter 1, part 5.
Mont. Code Ann. § 7-6-4021 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4021
7-6-4021 Notice of preliminary or amended budget
Status: in_force

7-6-4021 . Notice of preliminary or amended budget. (1) The governing body shall cause a notice of a public hearing on the preliminary or amended budget to be published. The notice must:

(a) provide that the governing body has completed its preliminary annual budget for the ensuing fiscal year or intends to amend its annual budget;

(b) state that the budget or budget amendment has been placed on file and is open to inspection in the county or municipal office designated in the notice;

(c) designate the date, time, and place of the meeting at which the governing body will meet for approving a final budget or amended budget and making appropriations; and

(d) state that any taxpayer or resident may appear at the meeting and be heard for or against any part of the proposed budget or budget amendment.

(2) The publication requirements must conform to the provisions of 7-1-2121 for a county or 7-1-4127 for a municipality.
Mont. Code Ann. § 7-6-2413 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2413
7-6-2413 Limitation on number of deputy county auditors
Status: in_force

7-6-2413 . Limitation on number of deputy county auditors. A county auditor may not have more than one deputy.
Mont. Code Ann. § 7-13-2284 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2284
7-13-2284 Payment of assessment under protest -- action to recover
Status: in_force

7-13-2284 . Payment of assessment under protest -- action to recover. (1) When any special assessment levied and assessed under any of the provisions of this part is considered unlawful by the party whose property is assessed, the person may pay the assessment or any part of the assessment considered unlawful under protest to the county treasurer.

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

(3) The assessment paid under protest must be held by the county treasurer until the determination of any action brought for the recovery of the assessment.
Mont. Code Ann. § 7-2-4904 — MT Code / Title 7 / Chapter 2 / Part 49 / Section 7-2-4904
7-2-4904 Ballot form
Status: in_force

7-2-4904 . Ballot form. The form of the ballot must be:

☐ FOR the disincorporation of .... (insert name of city or town)

☐ AGAINST the disincorporation of .... (insert name of city or town).
Mont. Code Ann. § 7-13-4528 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4528
7-13-4528 Composition of board of directors of joint district -- terms
Status: in_force

7-13-4528 . Composition of board of directors of joint district -- terms. (1) The board of directors for a joint district consists of one commissioner from each county involved, one member from each incorporated city or town included in the district, one member from each county or city-county board of health, and if the joint district includes a substantial amount of land that is within a conservation district or districts, one conservation district supervisor.

(2) The remaining members of the joint board of directors are selected from interested citizens, as follows:

(a) persons whose residences or businesses are distributed equally throughout the district if counties are the only units of government participating in the joint district; or

(b) through mutual agreement of all commissioners and governing bodies of cities and towns participating in the district.

(3) Terms of appointed members are staggered and, after the initial terms, are for 3 years.
Mont. Code Ann. § 7-22-2303 — MT Code / Title 7 / Chapter 22 / Part 23 / Section 7-22-2303
7-22-2303 Compensation of appointee
Status: in_force

7-22-2303 . Compensation of appointee. Any person appointed under the provisions of 7-22-2301 shall receive such compensation as the county commissioners agree to pay, with warrants in payment thereof drawn on the general fund.
Mont. Code Ann. § 7-32-2302 — MT Code / Title 7 / Chapter 32 / Part 23 / Section 7-32-2302
7-32-2302 Establishment of curfew -- penalty
Status: in_force

7-32-2302 . Establishment of curfew -- penalty. (1) (a) The governing body of a county may adopt an ordinance that establishes a curfew hour after which minors will not be allowed abroad on the public streets, roadways, or lands of the county.

(b) The ordinance must contain a description of the area covered by the curfew and provide exceptions for approved activities. The curfew may be countywide or pertain to any portion of the county, including an unincorporated city or town. The curfew may not extend to any area within the boundaries of an incorporated city or town.

(2) It is the duty of any officer or official enforcing the laws of the state to enforce the provisions of this section.

(3) A person convicted of violating a curfew ordinance adopted under subsection (1) shall be punished by a fine in an amount not exceeding $75 or by a sentence of up to 10 hours of community service, or both. Absolute liability, as provided for in 45-2-104 , is imposed for a violation of this section.
Mont. Code Ann. § 7-7-4625 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4625
7-7-4625 Sale or exchange of refunding revenue bonds
Status: in_force

7-7-4625 . Sale or exchange of refunding revenue bonds. (1) The refunding bonds may be sold or exchanged in installments at different times, or an entire issue or series may be sold or exchanged at one time. Any issue or series of refunding bonds may be exchanged in part or sold in part in installments at different times or at one time.

(2) The refunding bonds may be sold or exchanged at any time on, before, or after the maturity of any of the outstanding notes, bonds, certificates, or other obligations to be refinanced thereby.
Mont. Code Ann. § 7-2-4731 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4731
7-2-4731 Plans and report on extension of services required -- consultation with county
Status: in_force

7-2-4731 . Plans and report on extension of services required -- consultation with county. (1) A municipality exercising authority under this part shall make plans for the extension of services to the area proposed to be annexed and shall, prior to the public hearing provided for in 7-2-4707 through 7-2-4709 , prepare a report setting forth its plans to provide services to the area proposed to be annexed. The report must include:

(a) a map or maps of the municipality and adjacent territory to show the following information:

(i) the present and proposed boundaries of the municipality;

(ii) the present streets, major trunk water mains, sewer interceptors and outfalls, and other utility lines and the proposed extension of the streets and utility lines as required in subsection (1)(c); and

(iii) the general land use pattern in the areas to be annexed;

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

(c) a statement setting forth the plans of the municipality for extending to the area to be annexed each major municipal service performed within the municipality at the time of annexation.

(2) Prior to making plans for the extension of services pursuant to subsection (1), the municipality shall provide notice of its decision to exercise its authority under this part to the county. If requested by the county, the municipality shall consult with the county governing body or its representatives to coordinate the orderly transfer of services.

(3) At least 14 days before the date of the public hearing provided for in 7-2-4707 through 7-2-4709 , the governing body of the municipality shall approve the report and make the report available to the public at the office of the municipal official designated by the governing body. In addition, the municipality may prepare a summary of the full report for public distribution.
Mont. Code Ann. § 7-2-2755 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2755
7-2-2755 Lease of acquired real property
Status: in_force

7-2-2755 . Lease of acquired real property. No real property may be leased unless the board of county commissioners presents to the judge of the district court to which the county is attached a petition describing the real estate, with any improvements thereon, and setting forth the terms of the proposed lease. The petition shall be approved by the judge and filed in the office of the clerk of the county.
Mont. Code Ann. § 7-12-4301 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4301
7-12-4301 Special improvement districts for lighting streets authorized
Status: in_force

7-12-4301 . Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to:

(a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway;

(b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and

(c) assess and collect such portion of such cost by special assessment against said property.

(2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property.
Mont. Code Ann. § 7-4-4306 — MT Code / Title 7 / Chapter 4 / Part 43 / Section 7-4-4306
7-4-4306 Extraterritorial powers
Status: in_force

7-4-4306 . Extraterritorial powers. The mayor has power to exercise the power as may be vested in the mayor by ordinance of the city or town, in and over all places within 5 miles of the boundaries of the city or town for the purpose of enforcing the health and quarantine ordinances and regulations of the city or town. The board of county commissioners of the county affected by the ordinance and the local health board, if a local health board exists in the area affected by the ordinance, shall approve the ordinance by a majority vote.
Mont. Code Ann. § 7-12-4145 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4145
7-12-4145 Procedure for dealing with bid securities
Status: in_force

7-12-4145 . Procedure for dealing with bid securities. (1) If bids are rejected, the city council shall return to the proper parties the bid securities corresponding to the rejected bids.

(2) The bid securities accompanying the accepted proposals or bids must be held by the city clerk of the city until the contract for doing the work has been entered into, either by the lowest bidder or by the owners of over 75% of the frontage, at which time the bid security must be returned to the bidder.

(3) If the bidder fails, neglects, or refuses to enter into the contract to perform the work or improvements, then the bid securities accompanying the bid must be declared to be forfeited to the city and must be collected by the city and paid into the general fund.
Mont. Code Ann. § 7-6-4033 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4033
7-6-4033 Expenditure limitation
Status: in_force

7-6-4033 . Expenditure limitation. Except as provided in 7-6-4006 , 7-6-4011 , 7-6-4012 , 7-6-4015 , and 7-6-4032 , the governing body, each county or municipal official, and the district courts are limited to the amount of appropriations and by the classifications in the annual appropriation resolution provided for in 7-6-4030 when making disbursements or expenditures or incurring liabilities.
Mont. Code Ann. § 7-14-1006 — MT Code / Title 7 / Chapter 14 / Part 10 / Section 7-14-1006
7-14-1006 Rules
Status: in_force

7-14-1006 . Rules. (1) A transportation improvement authority may adopt, amend, and repeal 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 a transportation facility owned by the authority or under its control.

(2) A rule, order, or standard prescribed by the authority may not be inconsistent with or contrary to an act of the congress of the United States or a regulation promulgated or standard established pursuant to an act of congress.

(3) The authority shall keep a copy of its rules on file for public inspection at the principal office of the authority.
Mont. Code Ann. § 7-6-1101 — MT Code / Title 7 / Chapter 6 / Part 11 / Section 7-6-1101
7-6-1101 Definitions
Status: in_force

7-6-1101 . Definitions. As used in this part, unless the context clearly requires otherwise, the following definitions apply:

(1) "Governing body" means the legislative authority of a local government, by whatever name designated.

(2) "Gross proceeds obligations" are tax anticipation notes or revenue anticipation notes that mature at a time not to exceed 5 years from the date issued and are secured by the collection of certain coal gross proceeds taxes, interest, and penalties pursuant to 15-23-708 .

(3) "Local government" means any city, town, county, consolidated city-county, or school district.

(4) "Ordinance" means an ordinance or resolution of the local government.

(5) "Short-term obligations" are tax anticipation notes or revenue anticipation notes that mature at a time not to exceed 13 months from the date issued.
Mont. Code Ann. § 7-5-4306 — MT Code / Title 7 / Chapter 5 / Part 43 / Section 7-5-4306
7-5-4306 Use of installment purchase contract
Status: in_force

7-5-4306 . Use of installment purchase contract. When the amount to be paid under an installment purchase contract exceeds $4,000, the council may provide for the payment of the amount in installments extending over a period of not more than 10 years if at the time of entering into the contract, there is an unexpended balance of appropriation in the budget for the then-current fiscal year available and sufficient to pay for the portion of the contract price payable during the then-current fiscal year. The budget for each following year in which any portion of the purchase price is to be paid must contain an appropriation for the purpose of paying that portion. The limitations contained in this section do not apply to installment purchase contracts entered into pursuant to 7-7-4104 .
Mont. Code Ann. § 7-6-2607 — MT Code / Title 7 / Chapter 6 / Part 26 / Section 7-6-2607
7-6-2607 Processing of warrants
Status: in_force

7-6-2607 . Processing of warrants. (1) The board shall cause to be canceled all county warrants that have remained uncalled for 1 year or more in the county clerk's office. The uncalled warrants must be canceled in the same manner as other county warrants. At the same time, the county treasurer shall deliver to the board all warrants or vouchers that are in the county treasurer's possession for money disbursed by the county treasurer and the clerk shall issue a receipt for the warrants or vouchers.

(2) The board shall cause to be entered on the record of warrants, opposite to the entry of each warrant issued, the date when the warrant was canceled and shall make a list of the canceled warrants, specifying the number, date, amount, and the person to whom the warrant was payable. The board shall cause the list to be entered on the minutes of the board.
Mont. Code Ann. § 7-6-2411 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2411
7-6-2411 List of claims allowed or rejected
Status: in_force

7-6-2411 . List of claims allowed or rejected. The county clerk and recorder shall return to the county auditor, within 10 days after the adjournment of each session of the board of county commissioners, a list of the claims allowed or rejected, either in whole or in part, by them. This list must be recorded by the auditor in a book kept for that purpose and carefully preserved in the auditor's office.
Mont. Code Ann. § 7-4-2520 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2520
7-4-2520 Misconduct concerning official fees to result in vacancy of office
Status: in_force

7-4-2520 . Misconduct concerning official fees to result in vacancy of office. Upon receiving a certified copy of the record of conviction of any officer for receiving illegal fees or upon proof that the officer collected fees and failed to account for the fees, the board of county commissioners must declare the office vacant and appoint a successor.
Mont. Code Ann. § 7-15-4527 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4527
7-15-4527 Provisions related to breach or default on bonds and bond covenants
Status: in_force

7-15-4527 . Provisions related to breach or default on bonds and bond covenants. In connection with the issuance of bonds and/or the incurring of any obligation under a lease and in order to secure the payment of such bonds and/or obligations, the authority shall have power to:

(1) covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation;

(2) vest in an obligee of the authority the right, in the event of the failure of the authority to observe or perform any covenant to be kept or performed on its part, to cure any such default and to advance any money necessary for such purpose, and the money so advanced may be made an additional obligation of the authority with such interest, security, and priority as may be provided in any trust indenture, mortgage, lease, or contract of the authority with reference thereto;

(3) covenant and prescribe as to the events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;

(4) covenant to surrender possession of all or any part of any housing project or projects upon the happening of an event of default (as defined in the contract) and to vest in an obligee the right, without judicial proceedings, to take possession and to use, operate, manage, and control such housing projects or any part thereof and to collect and receive all rents, fees, and revenues arising therefrom in the same manner as the authority itself might do and to dispose of the money collected in accordance with the agreement of the authority with such obligee.
Mont. Code Ann. § 7-13-3016 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3016
7-13-3016 Adequate records to be maintained
Status: in_force

7-13-3016 . Adequate records to be maintained. The records of the district pertaining to the collection of the operation and maintenance tax levied and the records of the district pertaining to expenditures for construction of the system must be kept and maintained in the office of the treasurer of the local government where the district is located. These records must include but not be limited to a list of individual property that is delinquent in payment, together with the name of the owner or owners of the property.
Mont. Code Ann. § 7-12-4136 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4136
7-12-4136 Maintenance of improvements
Status: in_force

7-12-4136 . Maintenance of improvements. Where trees have been planted or grassplots constructed and grass sown thereon or any one or more of said improvements have been made in a special improvement district, it is hereby made the duty of the council of said city or town to cause said trees and grass to be watered, the grass cut, and trees trimmed and to otherwise maintain and preserve said improvements as the council shall deem suitable and proper.
Mont. Code Ann. § 7-31-104 — MT Code / Title 7 / Chapter 31 / Part 1 / Section 7-31-104
7-31-104 Contractor's bond
Status: in_force

7-31-104 . Contractor's bond. The person or persons or corporation or corporations with whom said contract shall have been made shall execute their or its bond or bonds, with sufficient sureties, to such board of county commissioners or city or town, conditioned for the full and faithful performance of all the terms and conditions on their part. The terms, conditions, and penalty of the surety bond shall be approved by the contracting board or council. The surety bond or bonds shall be in full force and effect upon the ratification of the contract as provided in this part, the condition of which shall be expressed in the contract.
Mont. Code Ann. § 7-14-245 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-245
7-14-245 Hearing on question of dissolution of district -- decision
Status: in_force

7-14-245 . Hearing on question of dissolution of district -- decision. (1) If upon such hearing the commissioners find that the district is not indebted beyond funds immediately available to extinguish all of its debts and obligations and that there is good reason for the dissolution of such district, the commissioners shall enter upon their minutes an order dissolving such district.

(2) Such order shall be filed of record, and the dissolution shall be effective for all purposes 6 months after the date of filing the order of dissolution, provided that at or before such time, the board of said district certifies to the county commissioners that all debts and obligations of the district have been paid, discharged, or irrevocably settled, together with proof thereof.
Mont. Code Ann. § 7-4-2211 — MT Code / Title 7 / Chapter 4 / Part 22 / Section 7-4-2211
7-4-2211 County offices
Status: in_force

7-4-2211 . County offices. (1) All county officers, except justices of the peace as set forth in 3-10-101 and except as provided in subsection (3), must keep their offices at the county seat.

(2) (a) The sheriff, the county clerk, the clerk of the district court, the treasurer, the county attorney, the county auditor in counties in which that officer is maintained, and the county assessor shall keep their offices open for the transaction of business during the office hours determined by the governing body by resolution after a public hearing and only if consented to by any affected elected county officer, every day in the year except legal holidays and Saturdays.

(b) This subsection (2) does not apply to counties operating under the county manager plan.

(3) A board of county commissioners may, by resolution, decide to locate the office of a county officer outside the boundaries of the county seat. The office of a county officer must be located within the boundaries of the county.
Mont. Code Ann. § 7-12-2124 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2124
7-12-2124 Dissolution of district
Status: in_force

7-12-2124 . Dissolution of district. (1) A district created under this part may be dissolved if:

(a) the dissolution of the district is considered to be in the best interest of the county and the inhabitants of the district;

(b) the purpose for creating the district has been fulfilled; or

(c) the work and improvements engaged in under the authority of the district have been completed or otherwise secured.

(2) At any time required for the public interest or convenience, the board of county commissioners may pass a resolution of intention to dissolve a district except as provided in subsection (3).

(3) If a district lacks sufficient funds to liquidate all existing charges against the district prior to the date of the dissolution, the district may not be dissolved.

(4) After the passage of the resolution provided for in subsection (2), the county clerk shall publish notice, pursuant to 7-1-2121 , of the intention to dissolve the district. A copy of the notice must be mailed, pursuant to 7-1-2122 , to each person, firm, or corporation or the agent of the person, firm, or corporation owning real property within the district listed in the owner's name on the last-completed assessment roll for state, county, and school district taxes.

(5) The notice required in subsection (4) must specify:

(a) the boundaries of the district to be dissolved;

(b) the date of the passage of the resolution of intention to dissolve as provided in subsection (2);

(c) the date set for the passage of the resolution of dissolution; and

(d) that the resolution to dissolve may be passed unless the county clerk receives written protest as provided in subsection (6) and 7-12-2125 in advance from the owners of property in the district.

(6) (a) If a written protest against the dissolution of the district as provided in 7-12-2125 is received, further proceedings may not be taken for a period of 6 months from the date when the protest was received by the county clerk if the board of county commissioners finds the protest is made by owners of property in the district assessed for more than 50% of the cost of the improvements or, if the costs of the improvements within the district have been met, 50% of the annual maintenance as determined by the method or methods of assessment in the resolution of intention to create the district.

(b) Property owned by a government entity must be considered the same as any other property in the district in determining whether or not sufficient protests have been filed as provided in subsection (6)(a).

(7) The decision of the board of county commissioners to pass a resolution to dissolve the district pursuant to this section is final and conclusive.

(8) Except as provided in subsection (9), any assets remaining after all debts and obligations of the district have been paid, discharged, or irrevocably settled must be:

(a) deposited in the general fund of the local government;

(b) in the case of multicounty districts, divided in accordance with their interlocal agreement and deposited in the general fund of each county; or

(c) transferred to a new improvement district that has been created to provide improvements to substantially the same area as provided by the dissolved improved district.

(9) If the remaining assets of the dissolved district are derived from private grants or gifts that restrict the use of those funds, the funds must be returned to the grantor or donor.

(10) (a) As used in this section, "owner" means the record owner of fee simple title to the property as of the date a protest is filed.

(b) The term does not include a tenant or other holder of a leasehold interest in the property.
Mont. Code Ann. § 7-2-2510 — MT Code / Title 7 / Chapter 2 / Part 25 / Section 7-2-2510
7-2-2510 Effect of name change on vested rights and existing laws
Status: in_force

7-2-2510 . Effect of name change on vested rights and existing laws. (1) The change of name provided for in this part shall not impair or work a forfeiture or alteration of any vested rights.

(2) All laws of a general or special nature applicable to the county under its former name shall thereafter apply with equal force and effect to the county under its new name.
Mont. Code Ann. § 7-13-4306 — MT Code / Title 7 / Chapter 13 / Part 43 / Section 7-13-4306
7-13-4306 Effect of failure to pay charges
Status: in_force

7-13-4306 . Effect of failure to pay charges. In the event of nonpayment of charges for either water or sewer service and benefits to any premises, the governing body may direct the supply of water or provision of sewer service to such premises to be discontinued until such charges are paid.
Mont. Code Ann. § 7-13-3008 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3008
7-13-3008 Hearing on protest
Status: in_force

7-13-3008 . Hearing on protest. (1) At the next regular meeting of the governing body after the expiration of the time within which protest may be made, the governing body shall hear and pass upon all protests, and its decision is final and conclusive.

(2) In determining whether or not sufficient protests have been filed in the proposed district to prevent further proceedings, property owned by local government and school districts is considered the same as any other property in the district.

(3) The governing body may adjourn the hearing from time to time.
Mont. Code Ann. § 7-32-122 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-122
7-32-122 Appointment to three-member public safety commission
Status: in_force

7-32-122 . Appointment to three-member public safety commission. (1) Upon the creation of a three-member commission:

(a) one member must be appointed by the legislative body of the city or town;

(b) one member must be appointed by the board of county commissioners; and

(c) one member must be appointed by the members of the board of county commissioners and the members of the legislative body of the city or town, meeting in joint session.

(2) In order to be appointed, a candidate for appointment by the joint meeting must receive a majority of the votes of the members of the board of county commissioners and a majority of the votes of the members of the legislative body of the city or town voting on the question.

(3) Initially, one commission member shall serve a 4-year term and two commission members shall each serve a 2-year term. Each commission member shall draw a lot to determine the length of the member's term.
Mont. Code Ann. § 7-7-2227 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2227
7-7-2227 Examination of petition -- resolution calling for election
Status: in_force

7-7-2227 . Examination of petition -- resolution calling for election. (1) Upon delivery of the certified petition, the board shall carefully examine the petition and make any other investigation that it may consider necessary. If it is found that the petition is in proper form, bears the requisite number of signers of qualified petitioners, and is in all other respects sufficient, the board shall pass and adopt a resolution that contains the provisions of subsection (2) plus the essential facts in regard to the petition and its filing and presentation.

(2) The resolution must:

(a) recite the purpose or purposes for which the bonds are proposed to be issued;

(b) fix the exact amount of bonds proposed to be issued for each purpose, which amount may be less than but must not exceed the amount set forth in the petition;

(c) determine the number of years through which the bonds are to be paid, not exceeding the limitations fixed in 7-7-2206 ; and

(d) make provision for having the question submitted to the registered electors of the county as required in 7-7-2223 .
Mont. Code Ann. § 7-10-103 — MT Code / Title 7 / Chapter 10 / Part 1 / Section 7-10-103
7-10-103 Regional resource authority or expansion -- notice of petition -- hearing
Status: in_force

7-10-103 . Regional resource authority or expansion -- notice of petition -- hearing. (1) The board of county commissioners shall publish the text of the petition described in 7-10-102 , as provided in 7-1-2121 , in each county in which the proposed regional resource authority or expansion lies and shall publish the date, time, and place that a public hearing on the petition will be held.

(2) If the proposed authority or expansion lies within two or more counties, the provisions of this section apply to each county.

(3) Upon concluding the hearing on the petition, the board of county commissioners shall determine whether the petition complies with the requirements of 7-10-102 and enter its determination into the minutes of a regularly scheduled meeting.
Mont. Code Ann. § 7-8-2704 — MT Code / Title 7 / Chapter 8 / Part 27 / Section 7-8-2704
7-8-2704 Membership of land advisory board
Status: in_force

7-8-2704 . Membership of land advisory board. The board of each county shall consist of five residents of the county to be appointed by the judge of the district court.
Mont. Code Ann. § 7-32-4118 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4118
7-32-4118 Work period -- days off duty without loss of compensation
Status: in_force

7-32-4118 . Work period -- days off duty without loss of compensation. (1) The chief of police may establish the work period for officers and other personnel in the department and may establish a work period other than that provided in 39-3-405 for determining when an employee must be paid overtime compensation. The total hours in all work periods in a calendar year may not exceed 2,080.

(2) Each officer or other employee of the police force in every city of the first and second class shall, in each calendar year, be given a minimum of 104 days off duty without loss of compensation, not including holidays, sick leave, vacation leave, or other types of compensated time off duty.
Mont. Code Ann. § 7-4-2504 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2504
7-4-2504 Salaries to be fixed by resolution -- cost-of-living increments
Status: in_force

7-4-2504 . Salaries to be fixed by resolution -- cost-of-living increments. The county governing body shall annually adopt a resolution by the date established in 7-6-4036 to adjust and uniformly fix the salaries of the county treasurer, county clerk, county assessor, county school superintendent, county sheriff, clerk of district court, county auditor (if there is one), justice of the peace, county coroner, and county surveyor (if the surveyor receives a salary) by adding to the annual salary provided for in 7-4-2503 (1) a cost-of-living increment based upon the schedule developed and approved by the county compensation board provided for in 7-4-2503 (4).
Mont. Code Ann. § 7-33-4208 — MT Code / Title 7 / Chapter 33 / Part 42 / Section 7-33-4208
7-33-4208 Adoption of fire code
Status: in_force

7-33-4208 . Adoption of fire code. The governing body of an incorporated city or town may adopt technical fire codes, in whole or in part, by reference under the procedure provided in 7-5-4202 .
Mont. Code Ann. § 7-7-2272 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2272
7-7-2272 Cancellation of bonds and coupons
Status: in_force

7-7-2272 . Cancellation of bonds and coupons. (1) (a) All bonds and interest coupons paid by the county treasurer from time to time must be canceled by the treasurer, and after cancellation, the treasurer shall deliver the bonds and coupons to the county clerk, with a report showing the numbers of bonds and the amounts paid as principal and interest. The county treasurer shall enter on the record of the registration of the bonds the date of the payment of the bonds and the coupons attached to the bonds.

(b) The county clerk shall exhibit the bonds and coupons, with the report, to the board of county commissioners at its next regular meeting.

(2) (a) When any bonds have been or are purchased with any sinking and interest fund money under the provisions of 7-7-2270 , the bonds, with attached interest coupons, if not in the possession of the county treasurer, must be immediately delivered to the treasurer. The county treasurer shall at once endorse across the face of each bond the word "Paid" and the date and shall sign the endorsement. The treasurer shall, without detaching the coupons, cancel each interest coupon attached to the bonds by endorsing across the face of the coupon the word "Canceled" and the date and shall sign the endorsement. After making the endorsements on the bonds and coupons, the county treasurer shall enter on the record of registration the date the bonds and coupons were endorsed as being paid and canceled, with the numbers and amounts of the bonds and coupons and the dates when the bonds and coupons would have become due and payable if they had not been purchased. The county treasurer shall then deliver the bonds, with the canceled coupons attached, to the county clerk, with a report showing the numbers of the bonds and amount paid on the purchase of the bonds.

(b) The county clerk shall exhibit the bonds, with attached coupons and report, to the board at its next regular session.
Mont. Code Ann. § 7-7-4627 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4627
7-7-4627 Details relating to exchanges of refunding revenue bonds
Status: in_force

7-7-4627 . Details relating to exchanges of refunding revenue bonds. (1) If the governing body determines to exchange any refunding bonds, such refunding bonds may be exchanged privately for and in payment and discharge of any of the outstanding notes, bonds, or other obligations of the municipality issued to finance or to aid in financing the acquisition, construction, improving, refinancing, or improving and refinancing of an enterprise.

(2) The refunding bonds may be exchanged for a like or greater principal amount of such notes, bonds, or other obligations of the municipality, except that the principal amount of the refunding bonds may exceed the principal amount of such outstanding notes, bonds, or other obligations to the extent necessary or advisable, in the discretion of the governing body, to fund interest in arrears or about to become due.

(3) The holder or holders of such outstanding notes, bonds, or other obligations need not pay accrued interest on the refunding bonds to be delivered in exchange therefor if and to the extent that interest is due or accrued and unpaid on such outstanding notes, bonds, or other obligations to be surrendered.
Mont. Code Ann. § 7-31-112 — MT Code / Title 7 / Chapter 31 / Part 1 / Section 7-31-112
7-31-112 Details relating to bonds
Status: in_force

7-31-112 . Details relating to bonds. (1) The bonds issued upon the conditions and under the provisions of this part must:

(a) bear the date of their issuance;

(b) be designated as sanitary coupon bonds of the county, city, or town issuing the bonds;

(c) be of a denomination not less than $500 or more than $1,000 each;

(d) be payable at a place in the discretion of the board or council issuing the bonds;

(e) bear interest as provided in 17-5-102 , payable 30 years after the date of issuance, with the privilege of paying the interest at any time after 5 years from that date. The interest is payable semiannually at the place where the principal is payable, and interest coupons must be attached to the bonds.

(2) If the bonds and coupons are issued by a county, they must be signed by the presiding officer of the board of county commissioners of that county and attested to by the county clerk and recorder and the clerk's seal must be attached to the bonds and coupons. If the bonds and coupons are issued by any incorporated city or town, they must be signed by the mayor and attested to by the city or town clerk and the clerk's seal must be attached to the bonds and coupons.
Mont. Code Ann. § 7-6-4005 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4005
7-6-4005 Expenditures limited to appropriations
Status: in_force

7-6-4005 . Expenditures limited to appropriations. (1) Local government officials may not make a disbursement or an expenditure or incur an obligation in excess of the total appropriations for a fund.

(2) A local government official who violates subsection (1) is liable for the amount of the excess disbursement, expenditure, or obligation personally.

(3) The subsequent claims approval process may not be considered as the making of a disbursement or an expenditure or as incurring an obligation and does not otherwise limit or mitigate the local government official's personal liability.
Mont. Code Ann. § 7-8-2305 — MT Code / Title 7 / Chapter 8 / Part 23 / Section 7-8-2305
7-8-2305 Deed of conveyance -- reservation of mineral royalty
Status: in_force

7-8-2305 . Deed of conveyance -- reservation of mineral royalty. (1) Subject to the provisions of subsection (2), upon payment of the purchase price in full, together with all interest that may become due on any installment or deferred payments, the presiding officer of the board of county commissioners shall execute a deed attested to by the county clerk to the purchaser or the purchaser's assigns or other instruments that are sufficient to convey all of the title of the county in and to the property sold.

(2) The county may in the discretion of the board reserve not to exceed 6 1/4% royalty interest in the oil, gas, other hydrocarbons, and minerals produced from the land.
Mont. Code Ann. § 7-15-4432 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4432
7-15-4432 Term of office
Status: in_force

7-15-4432 . Term of office. (1) Subject to subsection (2), the commissioners who are first appointed must be designated by the mayor to serve for terms of 1, 2, 3, 4, and 5 years, respectively, from the date of their appointment. After the initial appointments, the term of office is 5 years.

(2) The resident commissioners who are first appointed shall serve for terms of 1 and 2 years, respectively, from the date of their appointment. After the initial appointments, the term of office is 2 years.

(3) A commissioner shall hold office until the commissioner's successor has been appointed and qualified.
Mont. Code Ann. § 7-12-4421 — MT Code / Title 7 / Chapter 12 / Part 44 / Section 7-12-4421
7-12-4421 Choice in manner of making assessments
Status: in_force

7-12-4421 . Choice in manner of making assessments. The assessments for the costs and expenses of maintaining streets, alleys, and public places shall be made against all of the property embraced within each maintenance district by one of the methods provided in 7-12-4422 .
Mont. Code Ann. § 7-3-4409 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4409
7-3-4409 Role of chief examiner
Status: in_force

7-3-4409 . Role of chief examiner. The chief examiner is the employment officer of all municipal employees coming under the classified service. The chief examiner shall provide examinations in accordance with the regulations of the board and maintain lists of eligibles for each class of the service of those meeting the requirements of the regulations. Positions in the classified service must be filled from the eligible lists upon requisition from and after consultation with the city manager. As positions are filled, the employment officer shall certify the fact, by proper and prescribed form, to the director of finance and the director of the department in which the vacancy exists.
Mont. Code Ann. § 7-12-4330 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4330
7-12-4330 Hearing on resolution for assessment of installation costs
Status: in_force

7-12-4330 . Hearing on resolution for assessment of installation costs. (1) At the time so fixed, the council shall meet and hear all such objections and for the purpose may adjourn from day to day and may modify such resolution in whole or in part.

(2) A copy of such resolution as finally adopted, certified by the city clerk, must be delivered within 2 days after its passage to the city treasurer.
Mont. Code Ann. § 7-15-4231 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4231
7-15-4231 Exercise of powers related to urban renewal
Status: in_force

7-15-4231 . Exercise of powers related to urban renewal. A municipality may itself exercise its urban renewal project powers as herein defined or may, if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban renewal agency created by 7-15-4232 or a department or other officers of the municipality as they are authorized to exercise under this part and part 43.
Mont. Code Ann. § 7-3-4408 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4408
7-3-4408 Role of civil service board
Status: in_force

7-3-4408 . Role of civil service board. (1) The board, subject to the approval of the commission, shall adopt, amend, and enforce a code of rules providing for appointment and employment in all positions in the classified service, based on merit, efficiency, character, and industry, which shall have the force and effect of law and shall make investigations concerning the enforcement and effect of this part and part 43 and of the rules adopted. It shall make an annual report to the commission.

(2) The board shall provide for promotion to all positions in the classified service based on records of merit, efficiency, character, conduct, and seniority.
Mont. Code Ann. § 7-1-2122 — MT Code / Title 7 / Chapter 1 / Part 21 / Section 7-1-2122
7-1-2122 Mail notice
Status: in_force

7-1-2122 . Mail notice. (1) Unless otherwise specifically provided, whenever a local government unit other than a municipality is required to give notice of a hearing or other official act by mail, the requirement may be met by:

(a) deposit of the notice, properly addressed, in the United States mail with postage paid at the first-class rate;

(b) sending the notice by certified mail rather than first class; or

(c) mailing the notice at the bulk rate instead of first class if notice is to be given by mail to all electors or residents of the affected local government unit.

(2) The notice shall 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 mail notice.

(3) When notice by mail is required, the requirement applies only to persons whose addresses are known.
Mont. Code Ann. § 7-2-4901 — MT Code / Title 7 / Chapter 2 / Part 49 / Section 7-2-4901
7-2-4901 Automatic disincorporation
Status: in_force

7-2-4901 . Automatic disincorporation. (1) If the governing body of any city or town incorporated under the laws of Montana ceases to exist or fails to function for a period of 2 years, the city or town shall be disincorporated in the manner set forth in this part.

(2) (a) In cases where a city or town has been disincorporated by virtue of the provisions of subsection (1), the county commissioners shall file in their office an order that the disincorporation be granted. This order takes effect within 60 days following the date of the order.

(b) A certified copy of the order shall be sent to the state officials named in 7-2-4906 .
Mont. Code Ann. § 7-4-4102 — MT Code / Title 7 / Chapter 4 / Part 41 / Section 7-4-4102
7-4-4102 Officers of city of second or third class
Status: in_force

7-4-4102 . Officers of city of second or third class. (1) The officers of a city of the second or third class consist of:

(a) one mayor;

(b) two city council members from each ward; and

(c) one city judge.

(2) Except as provided in 7-5-4410 , officers listed in subsection (1), except the city judge for a city of the third class, must be elected by the qualified electors of the city.

(3) The governing body of a city of the third class may by ordinance determine whether the office of city judge must be filled by appointment by the governing body or by election or may appoint a justice of the peace or the city judge of another city as judge of the city court as provided in 3-11-205 .

(4) There may also be appointed by the mayor, with the advice and consent of the council:

(a) one city attorney;

(b) one city clerk, who is ex officio city assessor;

(c) one city treasurer or one city clerk-treasurer;

(d) one chief of police; and

(e) any other officers necessary to carry out the provisions of this title.

(5) The city council may prescribe the duties of all city officers and fix their compensation.
Mont. Code Ann. § 7-4-2622 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2622
7-4-2622 Availability of records
Status: in_force

7-4-2622 . Availability of records. All books or records, maps, charts, surveys, and other papers on file in the county clerk's office must be open during office hours for the inspection of any person who may desire to inspect them and may be inspected without charge. The county clerk shall arrange the books of record and indexes in the office in suitable places that facilitate their inspection.
Mont. Code Ann. § 7-14-219 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-219
7-14-219 Powers of transportation board
Status: in_force

7-14-219 . Powers of transportation board. The board shall have all powers necessary and proper to the establishment, operation, improvement, maintenance, and administration of the transportation district.
Mont. Code Ann. § 7-3-417 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-417
7-3-417 Size of commission and community councils
Status: in_force

7-3-417 . Size of commission and community councils. The size of the commission, which shall be a number not less than three, shall be established when the form is adopted by the voters, and:

(1) community councils of at least three members shall be elected within each district to advise the commissioner from that district. Local governments conducting elections at large shall district according to population for the purpose of electing community councils; or

(2) community councils to advise commissioners may be authorized by ordinance.
Mont. Code Ann. § 7-12-2105 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2105
7-12-2105 Notice of resolution of intention to create district -- hearing -- exception
Status: in_force

7-12-2105 . Notice of resolution of intention to create district -- hearing -- exception. (1) On passage of a resolution of intention pursuant to 7-12-2103 , the board of county commissioners shall publish notice of the passage as provided in 7-1-2121 .

(2) 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 proposed district listed in the owner's name on the last-completed assessment roll for state, county, and school district taxes.

(3) (a) The notice must describe the general character of the improvements proposed to be made or acquired by purchase, identify the public improvements that will be improved or maintained, state the estimated cost of the improvements, describe generally the method or methods by which the costs of the improvements will be assessed, and designate the time when and the place where the board will hear and pass on all protests that may be made against the making or maintenance of the improvements or the creation of the district. If the method of assessment described in 7-12-2151 (1)(d) is used, the notice must state that if an increase occurs in the number of benefited lots, tracts, or parcels within the boundaries of the district during the term of the bonded indebtedness, the assessment per lot, tract, or parcel then in the district will be recalculated as provided in 7-12-2151 (4).

(b) If the revolving fund is to be pledged to secure the payment of bonds and warrants, the notice must include a statement that, subject to the limitations in 7-12-2182 :

(i) the county general fund may be used to provide loans to the revolving fund; or

(ii) a general tax levy may be imposed on all taxable property in the county to meet the financial requirements of the revolving fund.

(c) The notice must refer to the resolution on file in the office of the county clerk for the description of the boundaries. If the proposal is for the purchase of an existing improvement, the notice must state the exact purchase price of the existing improvement.

(4) The provisions of this section do not apply to a resolution of intention to create a district that is passed on receipt of a petition as provided in 7-12-2102 (2)(a).
Mont. Code Ann. § 7-3-4251 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4251
7-3-4251 Powers of mayor
Status: in_force

7-3-4251 . Powers of mayor. The mayor shall:

(1) preside at all meetings of the council;

(2) have the same power to vote as other members of the council; and

(3) have no power to veto any measure.
Mont. Code Ann. § 7-6-2424 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2424
7-6-2424 Appeal of decision concerning claim
Status: in_force

7-6-2424 . Appeal of decision concerning claim. (1) Whenever a claim against a county is disallowed in whole or in part or whenever a taxpayer or resident of the county is not satisfied with an allowance made by the board, the claimant, taxpayer, or resident may appeal from the decision of the board to the district court for the county. A written notice of appeal must be served on the clerk of the board within 30 days after the making of the decision or allowance, and a bond must be executed to the county, with surety to be approved by the clerk of the board, conditioned to prosecute the appeal to effect and to pay all costs that may be adjudged against the appellant.

(2) The clerk of the board, upon an appeal being taken, shall immediately give notice to the county attorney and shall make out a return of the proceedings in the matter before the board, with its decision on the matter, and file the return, together with the bond and all the papers in the matter in the clerk's possession, with the clerk of the district court.

(3) The appeal must be entered, tried, and determined the same as appeals from justices' courts, and costs are awarded in the same manner.
Mont. Code Ann. § 7-15-2108 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2108
7-15-2108 Processing of application by secretary of state
Status: in_force

7-15-2108 . Processing of application by secretary of state. (1) The secretary of state shall examine the application, and if the name proposed for the corporation is not identical with that of a person or of any other corporation of this state or so nearly similar as to lead to confusion and uncertainty, the secretary of state shall receive and file it and shall record it in an appropriate book of record in the secretary of state's office.

(2) When the application has been made, filed, and recorded, the secretary of state shall make and issue to the commissioners a certificate of incorporation pursuant to this part, under the seal of the state, and shall record the certificate with the application.
Mont. Code Ann. § 7-1-118 — MT Code / Title 7 / Chapter 1 / Part 1 / Section 7-1-118
7-1-118 Legislative finding -- extreme risk protection order prohibition
Status: in_force

7-1-118 . Legislative finding -- extreme risk protection order prohibition. (1) The legislature finds that extreme risk protection orders violate a person's right to bear arms under the second amendment of the United States constitution and under Article II, section 12, of the Montana constitution.

(2) A local government may not:

(a) enact, adopt, or implement a resolution, ordinance, rule, regulation, or policy that would have the effect of enforcing an extreme risk protection order against a resident of the state; or

(b) accept a grant or other source of funding for the purpose of aiding in the adoption, implementation, or enforcement of an extreme risk protection order.

(3) A local government that violates this section is subject to a civil penalty of up to $10,000, payable to the state general fund. Each instance of enforcement or attempted enforcement constitutes a separate offense.

(4) (a) As used in this section, "extreme risk protection order" means a directive, also known as a red flag law, that is an executive order or a written order or warrant issued by a judge, magistrate, or other judicial officer, with the primary purpose of reducing the risk of firearm-related death or injury by doing one or more of the following:

(i) prohibiting a named individual from having under the individual's custody or control, owning, possessing, or receiving a firearm; or

(ii) removing a firearm from or requiring the surrender of a firearm by a named individual.

(b) The term does not include an order of protection issued under Title 40, chapter 15.
Mont. Code Ann. § 7-11-309 — MT Code / Title 7 / Chapter 11 / Part 3 / Section 7-11-309
7-11-309 Effect of adoption of service consolidation or transfer
Status: in_force

7-11-309 . Effect of adoption of service consolidation or transfer. The adoption of a service consolidation or transfer does not affect the validity of any bond, debt, contract, collective bargaining agreement, obligation, or cause of action accrued or established by any affected local government prior to the consolidation or transfer.
Mont. Code Ann. § 7-4-2304 — MT Code / Title 7 / Chapter 4 / Part 23 / Section 7-4-2304
7-4-2304 Petition details
Status: in_force

7-4-2304 . Petition details. (1) A petition for consolidation of offices must be addressed to the board or boards of county commissioners of the counties affected and must set forth and state the reasons why the consolidation is believed by the petitioners to be necessary or desirable or for the best interests of the county taxpayers.

(2) Each person signing the petition shall place the person's printed last name, post-office address, and voting precinct after the signature.

(3) For purposes of determining the number of signatures needed on a petition to meet the percentage requirements of this part, the number of electors must be the number of individuals registered to vote at the preceding general election for the county.
Mont. Code Ann. § 7-34-2504 — MT Code / Title 7 / Chapter 34 / Part 25 / Section 7-34-2504
7-34-2504 Division of costs among counties
Status: in_force

7-34-2504 . Division of costs among counties. The total cost of the joint institution shall be divided between the contracting counties in such manner as they shall determine.
Mont. Code Ann. § 7-3-1319 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1319
7-3-1319 Deposit of funds with depository banks
Status: in_force

7-3-1319 . Deposit of funds with depository banks. (1) All funds received by the treasurer must be deposited in the designated banks in the name of the municipality, subject to the order of the treasurer, and must be distributed among the designated banks as nearly as may be in proportion to the maximum amounts that they have been authorized to receive by the commission.

(2) Banks designated as depositories shall pay interest on daily balances of municipal funds at a rate approved by the commission, which may not be less than 2 1/2%. The interest due on the deposits must be paid to the treasurer by check on the last day of each quarter of the fiscal year. If the treasurer receives or has in any bank funds that will probably remain on deposit 3 months or longer, the treasurer may, with the approval of the commission, either take certificates of deposit from a designated depository, payable to the treasurer's order on demand and bearing a higher rate of interest, or invest the funds in any bonds maturing within 6 months in which the sinking fund of the municipality may be invested. The treasurer shall make a monthly statement to the director of finance of the municipal funds in each bank and the interest received as of the last day of each month.

(3) A bank receiving funds of the municipality on deposit may not pay out the money except upon checks drawn upon that bank signed by the treasurer.
Mont. Code Ann. § 7-2-4711 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4711
7-2-4711 Ordinance of annexation
Status: in_force

7-2-4711 . Ordinance of annexation. The municipal governing body shall take into consideration facts presented at the public hearing and shall have authority to amend the report required by 7-2-4731 and to make changes in the plans for serving the area proposed to be annexed so long as such changes meet the requirements of 7-2-4731 through 7-2-4733 . At any regular or special meeting held no sooner than 7 days and no later than 60 days following such public hearing, the governing body shall have authority to adopt an ordinance extending the corporate limits of the municipality to include all or such part of the area described in the notice of public hearing which meets the requirements of 7-2-4734 and 7-2-4735 and which the governing body has concluded should be annexed.
Mont. Code Ann. § 7-32-602 — MT Code / Title 7 / Chapter 32 / Part 6 / Section 7-32-602
7-32-602 Local first responder peer support programs
Status: in_force

7-32-602 . Local first responder peer support programs. (1) A police department, sheriff's office, fire department, or emergency medical service provider may establish a first responder peer support program that is in compliance with the provisions of this section.

(2) A local first responder peer support program must have a written policy that outlines, at a minimum:

(a) qualifications for a peer supporter, including certification and continuing education requirements;

(b) guidelines for what constitutes a peer support session from a conversation between peers;

(c) definitions for a group debrief and peer support team;

(d) the prohibition of recording in writing or by video or audio any peer support session;

(e) how peer supporters in the program shall comply with the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d, et seq.;

(f) the ability of an employee to use multiple peer supporters;

(g) the protection of an employee from being forced to use a peer supporter who holds supervisory authority over the employee;

(h) the prohibition of harassment or discrimination against an employee or volunteer who seeks services from the peer support program; and

(i) confidentiality protections of the peer support program, including the following exceptions:

(i) if the employee has committed or plans to commit a crime;

(ii) if the employee indicates the employee will cause harm to themself or to others;

(iii) if there is a request from an appropriate licensing board or program; and

(iv) if the mandatory reporting requirements of licensing boards or programs apply.

(3) A peer support session is confidential, and, except as provided in subsection (2)(i), a qualified peer supporter in a local first responder peer support program is prohibited from providing testimony about a peer support session, including individual and group peer support sessions.
Mont. Code Ann. § 7-7-104 — MT Code / Title 7 / Chapter 7 / Part 1 / Section 7-7-104
7-7-104 Limitation on action to test bond validity
Status: in_force

7-7-104 . Limitation on action to test bond validity. A local government general obligation bond of any issue may not be held invalid because of any defect or failure to comply with a statutory provision relating to the authorization, issuance, or sale of the bonds unless an action to contest the validity of the bonds is brought within 30 days after the date of the adoption of the resolution calling for the sale of bonds of the local government.
Mont. Code Ann. § 7-32-108 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-108
7-32-108 Hearing procedure for employee discharged by appointed director
Status: in_force

7-32-108 . Hearing procedure for employee discharged by appointed director. (1) A director appointed by the public safety commission shall at the time of the discharge or termination of the employment of any subordinate employee provide the employee with a written statement, subscribed and sworn to by the director, setting forth the cause or causes for the discharge or termination of employment.

(2) Within 30 days from the date of discharge or termination of employment, the employee may make application to the public safety commission for a hearing before the commission on the charges resulting in the employee's discharge or termination of employment. The employee may be present at the hearing in person and may be represented by legal counsel. The commission shall keep a record of the proceedings, and the records are a matter of public record. For the purpose of keeping a record of the proceedings, the department of public safety shall provide the commission with a person qualified to keep a record of the proceedings. The person may be an employee of the department.

(3) The commission shall, after the conclusion of the hearing, decide whether the charges resulting in the employee's discharge or termination of employment have been proven.

(4) The commission has the power, in all cases in which a majority of the commission members find the charges not proven, to reinstate any employee to the same position previously held and at the same salary received prior to discharge or termination of employment.

(5) In all cases in which a majority of the commission members find the charges proven, the employee may appeal the decision of the commission to the district court of the county in which the employee was employed. The appeal must be initiated within 60 days of the ruling of the commission.
Mont. Code Ann. § 7-22-2152 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2152
7-22-2152 Revegetation of rights-of-way and areas that have potential for noxious weed infestation
Status: in_force

7-22-2152 . Revegetation of rights-of-way and areas that have potential for noxious weed infestation. (1) Any person or state agency proposing a mine, a major facility under Title 75, chapter 20, an electric, communication, gas, or liquid transmission line, a solid waste facility, a highway or road, a subdivision, a commercial, industrial, or government development, or any other development that needs state or local approval and that results in the potential for noxious weed infestation within a district shall notify the board at least 15 days prior to the activity.

(2) Whenever any person or agency constructs a road, an irrigation or drainage ditch, a pipeline, an electric, communication, gas, or liquid transmission line, or any other development on an easement or right-of-way, the board shall require that the areas be seeded, planted, or otherwise managed to reestablish a cover of beneficial plants.

(3) (a) The person or agency committing the action shall submit to the board a written plan specifying the methods to be used to accomplish revegetation at least 15 days prior to the activity. The plan must describe the time and method of seeding, fertilization practices, recommended plant species, use of weed-free seed, and the weed management procedures to be used.

(b) The plan is subject to approval by the board, which may require revisions to bring the revegetation plan into compliance with the district weed management plan. The activity for which notice is given may not occur until the plan is approved by the board and signed by the presiding officer of the board and by the person or a representative of the agency responsible for the action. The signed plan constitutes a binding agreement between the board and the person or agency. The plan must be approved, with revisions if necessary, within 10 days of receipt by the board.
Mont. Code Ann. § 7-33-2108 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2108
7-33-2108 Mutual aid agreements -- request if no agreement exists -- definitions
Status: in_force

7-33-2108 . Mutual aid agreements -- request if no agreement exists -- definitions. (1) A mutual aid agreement is an agreement for protection against disasters, incidents, or emergencies.

(2) Fire district trustees may enter mutual aid agreements with the proper authority of:

(a) other fire districts;

(b) unincorporated municipalities;

(c) incorporated municipalities;

(d) state agencies;

(e) private fire prevention agencies;

(f) federal agencies;

(g) fire service areas;

(h) governing bodies of other political subdivisions in Montana; and

(i) governing bodies of fire protection services, emergency medical care providers, and local government subdivisions of any other state or the United States pursuant to Title 10, chapter 3, part 11.

(3) If the fire district trustees have not concluded a mutual aid agreement, then the trustees, a representative of the trustees, or an incident commander may request assistance pursuant to 10-3-209 .

(4) As used in this section, "incidents", "disasters", and "emergencies" have the meanings provided in 10-3-103 .
Mont. Code Ann. § 7-6-4409 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4409
7-6-4409 Determination of assessments
Status: in_force

7-6-4409 . Determination of assessments. (1) The assessment made by the department of revenue for state and county purposes is the basis of taxation for cities and towns for the property situated in the city or town.

(2) It is the duty of the department, in making the property tax record, to separately and distinctly designate the real and personal property situated in cities and towns within each county in the state.
Mont. Code Ann. § 7-4-503 — MT Code / Title 7 / Chapter 4 / Part 5 / Section 7-4-503
7-4-503 Powers and duties of governing body
Status: in_force

7-4-503 . Powers and duties of governing body. A governing body shall:

(1) adopt regulations to equitably administer the employee incentive award program;

(2) provide an opportunity for all employees to participate in the program;

(3) assist agencies in making incentive awards under the program;

(4) grant or deny incentive awards in consultation with the incentive awards advisory council if there is such a council;

(5) determine the amount of each incentive award;

(6) designate the source of funding for the awards; and

(7) hear appeals from employees on the operation of the program.
Mont. Code Ann. § 7-12-4332 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4332
7-12-4332 Resolution to provide for assessment of maintenance costs
Status: in_force

7-12-4332 . Resolution to provide for assessment of maintenance costs. It shall be the duty of the city or town council to estimate, as nearly as practicable, the cost of maintaining such lights and furnishing electrical current therefor each year and the portion thereof to be assessed against the property embraced within the district and, before the first Monday in October, to pass and finally adopt a resolution levying and assessing said property within said district with an amount equal to the proportion of the cost of such maintenance and electrical current so determined to be especially assessed against said property.
Mont. Code Ann. § 7-6-2403 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2403
7-6-2403 Qualifications of county auditor
Status: in_force

7-6-2403 . Qualifications of county auditor. A person is not eligible to serve in the office of county auditor of any county unless the person is of voting age and has been a resident of the county for which the person is elected or appointed for at least 2 years preceding election or appointment.
Mont. Code Ann. § 7-7-4263 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4263
7-7-4263 Interest on late payments of principal and interest
Status: in_force

7-7-4263 . Interest on late payments of principal and interest. Any and all installments of interest or principal of bonds issued under the provisions of this part not promptly paid when due shall draw interest at the rate of 6% per annum from the date due until actually paid, irrespective of the rate of interest on the bonds themselves.
Mont. Code Ann. § 7-5-4111 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4111
7-5-4111 City work week
Status: in_force

7-5-4111 . City work week. All full-time salaried city employees shall work a minimum of 40 hours per week.
Mont. Code Ann. § 7-15-4294 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4294
7-15-4294 Assessment agreements
Status: in_force

7-15-4294 . Assessment agreements. (1) A local government may enter into a written agreement with any private person:

(a) establishing a minimum market value of land, existing improvements, or improvements or equipment to be constructed or acquired; and

(b) requiring the individual to pay an annual tax deficiency fee whenever the property that is the subject of the agreement is valued by the department of revenue for property tax purposes at a market value that is less than the value established by the agreement. The amount of the deficiency fee may not exceed the difference between the property taxes that would have been imposed on the property based on the minimum value of the property expressed in the agreement and the property taxes that are imposed on the property based on the market value established by the department of revenue.

(2) The property that is the subject of the agreement must be located or installed in an urban renewal area or targeted economic development district that is subject to a tax increment financing provision.

(3) The minimum value established by the agreement may be fixed or may increase or decrease in later years from the initial minimum value as provided in the agreement.

(4) The agreement creates a lien on the property pursuant to 71-3-1506 and must be filed and recorded in the office of the county clerk and recorder in each county in which the property or any part of the property is located. Recording an agreement constitutes notice of the agreement to anyone who acquires any interest in the property that is the subject of the agreement, and the agreement is binding upon the person acquiring the interest.

(5) An agreement made pursuant to subsection (1) may be modified or terminated by mutual consent of the current parties to the agreement. Modification or termination of an agreement must be approved by the governing body of the local government. A document modifying or terminating an agreement must be filed in the office of the county clerk and recorder in each county in which the property or any part of the property is located.

(6) An agreement entered into pursuant to subsection (1) or modified pursuant to subsection (5) terminates on the earliest of:

(a) the date on which conditions in the agreement for termination are satisfied;

(b) the termination date specified in the agreement; or

(c) the date when the tax increment is no longer paid to the local government under 7-15-4292 .

(7) This section does not limit a local government's authority to enter into contracts other than tax deficiency agreements as described in this section.
Mont. Code Ann. § 7-7-4628 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4628
7-7-4628 Payment of bonds
Status: in_force

7-7-4628 . Payment of bonds. (1) In order that the payment of the refunding bonds and interest thereon shall be adequately secured, any municipality issuing refunding bonds pursuant to this part and the proper officers, agents, and employees thereof are hereby directed and it shall be the mandatory duty of such officers, agents, and employees under this part and it shall further be of the essence of the contract of such municipality with the bondholders, at all times:

(a) to pay or cause to be paid punctually the principal of every refunding bond and the interest thereon on the date or dates and at the place or places and in the manner and out of the funds mentioned in such refunding bonds and in the coupons thereto appertaining and in accordance with the resolution authorizing their issuance;

(b) to preserve and protect the security of the refunding bonds and the rights of the holders thereof and warrant and defend such rights against all claims and demands of all persons whomsoever;

(c) to hold in trust the revenues pledged to the payment of the refunding bonds for the benefit of the holders of the refunding bonds and to apply such revenues only as provided by the resolution authorizing the issuance of the refunding bonds, or if such resolution shall thereafter be modified in the manner provided therein or herein, only as provided in such resolution as modified.

(2) None of the foregoing duties shall be construed to require the expenditure in any manner or for any purpose by the municipality of any funds other than revenues received or receivable from the enterprise.
Mont. Code Ann. § 7-6-2412 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2412
7-6-2412 Other duties of auditor
Status: in_force

7-6-2412 . Other duties of auditor. (1) Subject to the requirements of subsection (2), the county auditor shall perform other duties, clerical or otherwise, as directed by the county commissioners.

(2) A reasonable amount of time must be allowed the county auditor for the performance of the duties set forth in this part.
Mont. Code Ann. § 7-7-2403 — MT Code / Title 7 / Chapter 7 / Part 24 / Section 7-7-2403
7-7-2403 Determination of amount of loan
Status: in_force

7-7-2403 . Determination of amount of loan. Whenever it is necessary to submit to a vote of the electors of the county the question of making a loan, the board must first determine the amount necessary to be raised.
Mont. Code Ann. § 7-4-4201 — MT Code / Title 7 / Chapter 4 / Part 42 / Section 7-4-4201
7-4-4201 Salary of officers
Status: in_force

7-4-4201 . Salary of officers. The council shall determine by ordinance or resolution the salaries and compensation of elected and appointed city officers and all city employees.
Mont. Code Ann. § 7-14-1613 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1613
7-14-1613 County rail authority
Status: in_force

7-14-1613 . County rail authority. (1) The board, upon completion of the public hearing, may pass a resolution creating an authority.

(2) At the same time, the board shall appoint five persons as directors of the authority. A director shall hold office for 2 years and until a successor is appointed. Three of the directors first appointed shall hold office for 1 year. A vacancy occurring other than by expiration of a term must be filled for the unexpired term by the board.

(3) A director must reside within the boundaries of the authority.
Mont. Code Ann. § 7-4-502 — MT Code / Title 7 / Chapter 4 / Part 5 / Section 7-4-502
7-4-502 Definitions
Status: in_force

7-4-502 . Definitions. As used in this part, the following definitions apply:

(1) "Agency" means any office, board, bureau, commission, or department operated by a local government.

(2) "Governing body" means the legislative authority of a local government.

(3) "Local government" means any city, town, county, consolidated city-county, or school district.
Mont. Code Ann. § 7-11-201 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-201
7-11-201 Statement of policy
Status: in_force

7-11-201 . Statement of policy. It is hereby declared to be the public policy of Montana to provide for the residents of the state the means of improving their local governments so that essential services can be provided more effectively and economically. The growth of urban population, the necessity to maintain local governmental services in areas of increasing population on one hand and in areas of decreasing population on the other, and the movement of people into suburban areas have created varied problems in the provision of public services and facilities which often cannot be met adequately by individual units of local government.
Mont. Code Ann. § 7-3-4431 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4431
7-3-4431 Department of finance
Status: in_force

7-3-4431 . Department of finance. (1) The duties of the director of finance include:

(a) the keeping and supervision of all accounts and the custody of all public money of the municipality;

(b) the purchase, storage, and distribution of supplies needed by the various departments;

(c) the making and collection of special assessments;

(d) the issuance of licenses;

(e) the collection of license fees and taxes; and

(f) other duties that the commission may by ordinance require.

(2) The director of finance shall install and have supervision over the accounts of all the departments and offices of the municipality. Whenever practicable the books of financial accounts must be kept in the office of the department of finance. The director shall require daily departmental reports of money receipts and the disposition of money and shall require of each department, in a form that may be prescribed, current financial and operating statements exhibiting each transaction and the cost of the transaction. Upon the death, resignation, removal, or expiration of the term of any officer, the director shall examine the accounts of that officer and report the findings to the city manager.

(3) The director of finance has charge of the preparation and certification of all special assessments for public improvements, the mailing of notices of the assessments to property owners and purchasers of property under contracts for deed and all other duties connected with the assessments, the collection of assessments that are payable directly to the municipality, and the preparation and certification of all unpaid assessments to the county treasurer for collection. The director shall issue all licenses and collect all license fees and shall deposit the fees into the treasury in the manner provided by ordinance.

(4) The director of finance is the custodian of all public money of the municipality and all other public money coming into the director's possession. The director shall keep and preserve the money in the place or places determined by ordinance or by the provisions of any applicable law. Except as otherwise provided in part 43 or this part, the director shall collect, receive, and disburse all public money of the municipality upon warrant and shall also receive and disburse all other public money coming into the director's possession pursuant to regulations that may be prescribed by the authorities having lawful control over the funds.
Mont. Code Ann. § 7-1-4118 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4118
7-1-4118 Reduction in classification of municipalities
Status: in_force

7-1-4118 . Reduction in classification of municipalities. (1) Whenever it appears by the census taken by the United States, the state, or otherwise that the population of a city of the first or second class has decreased so as to be insufficient in number to entitle it to be a city of that class, the council must thereupon, by resolution declare that such city be reduced to a city of the second class or town as the case may be.

(2) A certified copy of such resolution must be filed in the office of the county clerk and in the office of the secretary of state, and thereafter such city becomes a city of the second class or a town, as the case may be, to be governed under the provisions of this code relative to cities and towns.

(3) The provisions of 7-1-4116 and 7-1-4117 apply to this section.
Mont. Code Ann. § 7-21-4204 — MT Code / Title 7 / Chapter 21 / Part 42 / Section 7-21-4204
7-21-4204 Regulation of location of businesses, factories, and steam boilers
Status: in_force

7-21-4204 . Regulation of location of businesses, factories, and steam boilers. The city or town council has power:

(1) to regulate the location of slaughterhouses, breweries, distilleries, livery stables, foundries, blacksmith shops, planing mills, soap factories, and tanneries within the city or town and to prohibit any offensive and unwholesome establishments within the city or town limits or within 3 miles thereof;

(2) to regulate the location of steam boilers.
Mont. Code Ann. § 7-4-102 — MT Code / Title 7 / Chapter 4 / Part 1 / Section 7-4-102
7-4-102 Office hours
Status: in_force

7-4-102 . Office hours. (1) Unless otherwise provided by law, each officer shall keep the officer's office open for the transaction of business during the office hours determined by the governing body by resolution after a public hearing and only if consented to by any affected elected county officer each day except Saturdays and legal holidays.

(2) County and city treasurers may, in the interest of the safekeeping of funds, securities, and records under their control, close their offices during the period from noon to 1 p.m. every day.

(3) The governing body of a third-class city or town may establish days and times when municipal offices are open to conduct business.
Mont. Code Ann. § 7-7-4501 — MT Code / Title 7 / Chapter 7 / Part 45 / Section 7-7-4501
7-7-4501 Authority to issue refunding revenue bonds
Status: in_force

7-7-4501 . Authority to issue refunding revenue bonds. (1) In addition to the powers that it may have, any municipality has the power under this part to refund bonds issued for any of the purposes listed in 7-7-4421 (1)(a), whether issued under authority of part 45 or of any other applicable law.

(2) Refunding revenue bonds issued as authorized in this section are governed by all of the provisions of part 44, except 7-7-4433 and 7-7-4434 , as fully as bonds issued for the initial financing of any undertaking and by the further provisions of this part.

(3) Bonds may be issued to refund interest as well as principal actually due and payable if the revenue pledged is not sufficient, but not to refund any bonds or interest due that may be paid from revenue then on hand.
Mont. Code Ann. § 7-4-4602 — MT Code / Title 7 / Chapter 4 / Part 46 / Section 7-4-4602
7-4-4602 Appointment -- term of office
Status: in_force

7-4-4602 . Appointment -- term of office. (1) The city attorney must be appointed by the mayor, subject to approval by the city council.

(2) The city attorney shall hold office for 2 years unless suspended or removed as provided by law.
Mont. Code Ann. § 7-12-2101 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2101
7-12-2101 Definitions
Status: in_force

7-12-2101 . Definitions. (1) The word "blocks" means blocks, whether regular or irregular, that are bounded by main streets or partially by a boundary line of the city.

(2) The term "board of county commissioners" includes any body or board that under the law is the legislative department of the government of the county.

(3) The word "city" and the word "municipality", as used in this part, include all corporations organized for municipal purposes.

(4) The terms "clerk" and "county clerk", as used in this part, include any person or officer who is clerk of the board of county commissioners.

(5) The term "county treasurer", as used in this part, means and includes any person who, under whatever name or title, is the custodian of the funds of the county.

(6) The term "engineer", as used in this part, means the person, firm, or corporation designated by the board of county commissioners as the engineer for the improvement.

(7) The term "incidental expenses", as used in this part, includes:

(a) the compensation of the engineer for work done;

(b) the cost of printing and advertising, as provided in this part;

(c) interest on warrants of the county issued to pay costs of improvements, as provided in this part;

(d) costs of issuance of the bonds or warrants of the special improvement district, including costs of printing the bonds, bond registration fees, attorney fees and financial consultants' fees, a premium for bond insurance, any price paid by the original purchaser of the bonds that is less than the face amount of the bonds, and interest to accrue on bonds or warrants of the special improvement district before assessments levied by the district are collected in amounts and at times sufficient to pay the interest; and

(e) a reasonable administrative fee payable to the county for the creation and administration of the district by the county, its officers, and its employees.

(8) The term "main street" means an actually opened street or streets as bound a block.

(9) The words "paved" or "repaved", as used in this part, mean and include pavement of stone, whether paving blocks or macadam; of bituminous rock or asphalt; or of wood, brick, or other material, whether patented or not, that the board of county commissioners by rule or resolution shall adopt.

(10) The term "quarter block", as used in this part in reference to irregular blocks, includes all lots or portions of lots having frontage on either intersecting street halfway from the intersection to the next main street or, when a main street does not intervene, all the way to the boundary line of the city.

(11) The word "street", as used in this part, includes avenues, highways, lanes, alleys, crossings or intersections, courts, and places that have been dedicated and accepted according to the law or in common and undisputed use by the public for a period of not less than 5 years.

(12) The term "street intersection", as used in this part, means that parcel of land at the point of juncture or crossing of intersecting streets that lies between lines drawn from corner to corner of all lot lines immediately cornering at the juncture.

(13) The words "work", "improved", and "improvements", as used in this part, include all work or the securing of property, by purchase or otherwise, mentioned in this part and also the construction, reconstruction, maintenance, and repair of any portion of the work.
Mont. Code Ann. § 7-4-4105 — MT Code / Title 7 / Chapter 4 / Part 41 / Section 7-4-4105
7-4-4105 Authority to abolish appointive municipal offices
Status: in_force

7-4-4105 . Authority to abolish appointive municipal offices. The city or town council may abolish, by a majority vote of the council, any office, except that of city judge, the appointment to which is made by the mayor with the advice and consent of the council and may discharge any officer so appointed.
Mont. Code Ann. § 7-15-4123 — MT Code / Title 7 / Chapter 15 / Part 41 / Section 7-15-4123
7-15-4123 Inspection of building materials
Status: in_force

7-15-4123 . Inspection of building materials. The city or town council has power to provide for the inspection and measuring of lumber and other building materials.
Mont. Code Ann. § 7-3-1313 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1313
7-3-1313 Special taxing districts for indebtedness existing prior to consolidation
Status: in_force

7-3-1313 . Special taxing districts for indebtedness existing prior to consolidation. (1) A district comprised within the boundaries of any city, town, or district existing within the county at the time of the adoption of part 12 and this part by the electors of the consolidated government is, for the purpose of paying the interest and principal of any debt incurred by the city, town, or district prior to the adoption of the consolidated government, continued as a special district until the debt has been paid. Subject to 15-10-420 , the commission shall, in the annual tax levy ordinance, levy upon the property within each district a tax, in addition to all other taxes, that the director of finance reports to be necessary to provide for paying the interest on each debt as it falls due and the principal of the debt as it matures, and no other property within the municipality is taxable or liable for the payment of any district debt.

(2) Subject to 15-10-420 , the commission shall provide in the annual tax levy ordinance adopted for the levy of a tax upon all property within the municipality that the director of finance reports to be necessary to provide for paying the interest as it falls due and the principal as it matures of any debt of the municipality as a whole.

(3) The tax levy for the debt of the municipality as a whole and the tax levy for the debt of each district must be a separate levy and must be distinct from and in addition to all other tax levies. The proceeds of each tax levy must be placed in a separate fund for the payment of the interest and principal of the debt for which the tax was levied, and the fund may not be used for any other purpose.
Mont. Code Ann. § 7-32-2128 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2128
7-32-2128 False claims by sheriff
Status: in_force

7-32-2128 . False claims by sheriff. A sheriff who falsely represents to the board of county commissioners or governor the sheriff's actual traveling expenses in the performance of any official duty or causes to be paid to the sheriff from the state or any county treasury a sum exceeding the actual expenses in the performance of the sheriff's duty is guilty of a misdemeanor.
Mont. Code Ann. § 7-4-2525 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2525
7-4-2525 Fees of sheriff to be fixed by resolution
Status: in_force

7-4-2525 . Fees of sheriff to be fixed by resolution. (1) The county governing body may annually, by resolution pursuant to 7-6-4013 , fix the fees of the sheriff for services provided in 7-32-2141 and for other services.

(2) Fees for services provided under 7-32-2141 must be based upon the prevailing rate charged by private process servers in the county for similar services.

(3) Fees collected under this section must be paid and credited as provided in 7-32-2141 .
Mont. Code Ann. § 7-3-4315 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4315
7-3-4315 Qualifications of commissioners
Status: in_force

7-3-4315 . Qualifications of commissioners. Members of the commission shall be residents of the city or town and have the qualifications of electors.
Mont. Code Ann. § 7-7-2302 — MT Code / Title 7 / Chapter 7 / Part 23 / Section 7-7-2302
7-7-2302 Applicability of certain other bond provisions
Status: in_force

7-7-2302 . Applicability of certain other bond provisions. (1) The provisions of 7-7-2203 through 7-7-2207 , 7-7-2209 through 7-7-2211 , 7-7-2222 , 7-7-2255 through 7-7-2266 , 7-7-2268 through 7-7-2270 , and 7-7-2272 through 7-7-2274 apply to refunding bonds issued under this part; however, the board of county commissioners 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 7-7-2251 , 7-7-2252 , and 7-7-2254 .

(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 7-7-2211 .
Mont. Code Ann. § 7-14-4723 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4723
7-14-4723 Advance payment of installments
Status: in_force

7-14-4723 . Advance payment of installments. The governing body may provide for receiving payment of the installments of the assessment before they become due and using the proceeds thereof in redeeming such bonds as may be presented for redemption by the owners thereof or for investing the proceeds in improvement bonds for other work or other satisfactory investment, but no investment of such funds shall be made so as to prejudice the prompt payment of the bonds on the date they become due.