Mont. Code Ann. § 7-7-2401 — MT Code / Title 7 / Chapter 7 / Part 24 / Section 7-7-2401
7-7-2401 Authorization to borrow money
Status: in_force

7-7-2401 . Authorization to borrow money. The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to borrow money upon the credit of the county to meet current expenses if the county revenue is insufficient.
Mont. Code Ann. § 7-14-236 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-236
7-14-236 Limitation on bonded indebtedness
Status: in_force

7-14-236 . Limitation on bonded indebtedness. The amount of bonds issued to provide funds for the district and outstanding at any time may not exceed 1.51% of the total assessed value of taxable property, determined as provided in 15-8-111 , within the district, as ascertained by the last assessment for state and county taxes prior to the issuance of the bonds.
Mont. Code Ann. § 7-12-4168 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4168
7-12-4168 Provision for work other than grading done by owner of property
Status: in_force

7-12-4168 . Provision for work other than grading done by owner of property. Whenever an owner or owners of lots and lands fronting on a street have done or do any work, excepting grading, on the street in front of a block at the owner's expense and the city council or commission subsequently orders any work to be done of the same class in front of the same block, the work done at the expense of the owner or owners must be excepted from the order ordering work to be done, if the work done at the expense of the owner or owners is upon the official grade and in condition satisfactory to the city engineer at the time that the order is passed.
Mont. Code Ann. § 7-3-401 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-401
7-3-401 Commission form
Status: reserved

7-3-401 . Commission form. The commission form consists of an elected commission (which may also be called the council) and other elected officers as provided in this part. All legislative, executive, and administrative powers and duties of the local government not specifically reserved by law or ordinance to other elected officers shall reside in the commission. The commission shall appoint the heads of departments and other employees, except for those appointed by other elected officials. Cities and towns which adopt this form may distribute by ordinance the executive and administrative powers and duties into departments headed by individual commissioners.
Mont. Code Ann. § 7-12-4186 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4186
7-12-4186 Procedure to correct assessment and relevy and collect tax
Status: in_force

7-12-4186 . Procedure to correct assessment and relevy and collect tax. (1) Whenever, by reason of any alleged nonconformity to any law or ordinance or by reason of any omission or irregularity, any special tax or assessment is either invalid or its validity is questioned, the council may make all necessary orders and ordinances and may take all necessary steps to correct the same and to reassess and relevy the same, including the ordering of work, with the same force and effect as if made at the time provided by law, ordinance, or resolution relating thereto. The council may reassess and relevy the same with the same force and effect as an original levy.

(2) Whenever any apportionment or assessment is made and any property is assessed too little or too much, the same may be corrected and reassessed for such additional amount as may be proper or the assessment may be reduced even to the extent of refunding the tax collected.

(3) Any special tax upon reassessment or relevy shall, so far as is practicable, be levied and collected as the same would have been if the first levy had been enforced. Any provisions of any law or ordinance specifying a time when or order in which acts shall be done in a proceeding which may result in a special tax shall be taken to be subject to the qualifications of this part or part 42.
Mont. Code Ann. § 7-3-4403 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4403
7-3-4403 Role of department director
Status: in_force

7-3-4403 . Role of department director. Each director shall conduct the affairs of the director's department in accordance with the rules made by the city manager and is responsible for the conduct of the officers and employees of that department, for the performance of its business, and for the custody and preservation of the books, records, papers, and property under its control. Subject to the supervision and control of the city manager in all matters, the director of each department shall manage the department.
Mont. Code Ann. § 7-13-4521 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4521
7-13-4521 Implementation of program
Status: in_force

7-13-4521 . Implementation of program. The board of directors may implement a local water quality program in parts of a local water quality district before the program is implemented in the district as a whole. If a program is initially implemented in only a portion of a district, the fees may be levied only against that part of the district where the program is being implemented. As the program is expanded throughout the district, each additional part of the district that is covered by the program shall pay the fee.
Mont. Code Ann. § 7-13-3026 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3026
7-13-3026 Charges for services
Status: in_force

7-13-3026 . Charges for services. (1) The governing body may by ordinance or resolution establish just and equitable rates, charges, and rentals for the services and benefits directly or indirectly afforded by a system operated by, controlled by, and under the jurisdiction of a district formed under this part.

(2) The rates, charges, and rentals must be as nearly as possible equitable in proportion to the services and benefits rendered and may take into consideration the quantity of water supplied, the amount of sewage produced and its concentration, water pollution qualities in general, and the cost of disposal of sewage and storm waters.
Mont. Code Ann. § 7-14-4607 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4607
7-14-4607 Resolution for parking commission to function
Status: in_force

7-14-4607 . Resolution for parking commission to function. In any suit, action, or proceeding by or against or in any manner relating to a parking commission, the commission shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of a resolution by the legislative body declaring the need for the commission to function.
Mont. Code Ann. § 7-3-1204 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1204
7-3-1204 Petition for city-county consolidated government -- election required
Status: in_force

7-3-1204 . Petition for city-county consolidated government -- election required. (1) The question of the abandonment and termination of the separate corporate existence and government of a county and of each city and town within the county and the consolidation and merging of the existence and government of the county and each of the cities and towns within the county into one municipal corporation and government under the provisions of this part and part 13 must be submitted to the registered electors of the county if a petition is filed in the office of the election administrator of the county, signed by at least 20% of the electors of the county whose names appear on the official register of voters of the county on the date of the filing of the petition, requesting that the question be submitted to the registered electors of the county.

(2) The petition must be substantially in the form and must be signed, verified, and filed in the manner prescribed in 7-5-137 and Title 13, chapter 28, for initiative and referendum petitions and must designate within the petition the name by which the consolidated government is to be known, which must be either that of the county or of some one of the cities or towns within the county.
Mont. Code Ann. § 7-14-2514 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2514
7-14-2514 Limit on expenditures for road district
Status: in_force

7-14-2514 . Limit on expenditures for road district. (1) The expenditures in any road district for labor and equipment, together with the compensation to be paid to the supervisor, shall not exceed the sum apportioned quarterly by the board of county commissioners to that district. However, if that sum is not sufficient, the board may appropriate any amount from the county road fund necessary for the use of such district.

(2) The full amount of all road taxes collected in remote districts shall be expended annually by the county commissioners on the roads within such districts.
Mont. Code Ann. § 7-2-2506 — MT Code / Title 7 / Chapter 2 / Part 25 / Section 7-2-2506
7-2-2506 Court hearing on petition -- court order
Status: in_force

7-2-2506 . Court hearing on petition -- court order. Such petition must be heard at such time as the court or judge may appoint, subject to the provisions of 7-2-2505 . Objections may be filed in the office of the clerk of said court at any time before such date by any person who can, in such objections, show to the court or judge good reason against such change of name. On the hearing, the court or judge may examine on oath any of the petitioners, remonstrants, or other persons touching the petition and may make an order changing the name if there appears any reason, benefit, or advantage for such change or may dismiss the petition as to the court or judge may seem right or proper.
Mont. Code Ann. § 7-13-2285 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2285
7-13-2285 Procedure to correct assessment and to relevy
Status: in_force

7-13-2285 . Procedure to correct assessment and to relevy. (1) Whenever, by reason of any alleged nonconformity to law or by reason of any omission or irregularity, any special assessment is either invalid or its validity is questioned, the board of directors may make all necessary orders and may take all necessary steps to correct, reassess, and relevy the assessment, including the ordering of the improvement, with the same force and effect as if made at the time provided by the law or resolution relating to the assessment. The board may reassess and relevy the assessment or tax with the same force and effect as an original levy.

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

(3) Whenever any assessment is made and any property is assessed too little or too much, the assessment may be corrected and reassessed for the additional amount that is proper or the assessment may be reduced, even to the extent of refunding the assessment collected.
Mont. Code Ann. § 7-12-4611 — MT Code / Title 7 / Chapter 12 / Part 46 / Section 7-12-4611
7-12-4611 Resolution for assessment -- assessment options
Status: in_force

7-12-4611 . Resolution for assessment -- assessment options. The city or town council shall estimate, as nearly as practicable, the entire cost of installing and maintaining fire hydrants each year and the portion thereof to be assessed against the property within the district. Before the first Monday in October, the council must pass and finally adopt a resolution levying and assessing the property within the district. The city or town council, for the purpose of making the assessment, shall adopt one of the following methods:

(1) The council may assess the cost of fire hydrant installation and maintenance against the entire district, each lot or parcel of land within the district to be assessed for that part of the whole cost which its area bears to the area of the entire district, exclusive of streets, avenues, alleys, and public places.

(2) The council may assess the cost of fire hydrant installation and maintenance against the entire district, each lot or parcel of land within the district bordering or abutting on the streets where fire hydrants are located to be assessed in its lineal proportion to the total lineal feet bordering or abutting on such streets.

(3) If the city council determines that the area, frontage, or combination options are inequitable, it may assess the cost of fire hydrant installation and maintenance:

(a) against the entire district, each lot or parcel of land within such district to be assessed for that part of the whole cost that its taxable valuation, including improvements, bears to the taxable valuation of the entire district; or

(b) against the entire district, each lot or parcel of land receiving service within the district to be assessed by apportioning the whole cost according to a ratio between the water meter size servicing each lot or parcel and the whole cost.
Mont. Code Ann. § 7-12-1113 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1113
7-12-1113 Protest against proposed district
Status: in_force

7-12-1113 . Protest against proposed district. (1) Any owner of property liable to be assessed may make written protest against the extent or creation of the district to be assessed, or both.

(2) The protest must be in writing and must be delivered to the governing body or its clerk, if any, not later than 5 p.m. of the last day within 15 days after the date of the first publication of the notice of the resolution of intention. The date and hour of receipt of the protest shall be endorsed thereon.
Mont. Code Ann. § 7-13-4517 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4517
7-13-4517 Powers and duties of board of directors
Status: in_force

7-13-4517 . Powers and duties of board of directors. The board of directors of a local water quality district, with the approval of the commissioners, may:

(1) develop a local water quality program, to be submitted to the department, for the protection, preservation, and improvement of the quality of surface water and ground water in the district. In developing the program, the board of directors shall consult with the board or boards of supervisors of conservation districts, established as provided in 76-15-201 , whose geographical area of jurisdiction is included within the boundaries of the local water quality district.

(2) implement a local water quality program;

(3) administer the budget of the local water quality district;

(4) employ personnel;

(5) purchase, rent, or lease equipment and material necessary to develop and implement an effective program;

(6) cooperate or contract with any corporation, association, individual, or group of individuals, including any agency of the federal, state, or local government, in order to develop and implement an effective program;

(7) receive gifts, grants, or donations for the purpose of advancing the program and acquire, by gift, deed, or purchase, land necessary to implement the local water quality program;

(8) administer local ordinances that are adopted by the commissioners and governing bodies of the participating cities and towns and that pertain to the protection, preservation, and improvement of the quality of surface water and ground water;

(9) apply for and receive from the federal government or the state government, on behalf of the local water quality district, money to aid the local water quality program;

(10) borrow money for assistance in planning or refinancing a local water quality district and repay loans with the money received from the established fees; and

(11) construct facilities that cost not more than $5,000 and maintain facilities necessary to accomplish the purposes of the district, including but not limited to facilities for removal of water-borne contaminants; water quality improvement; sanitary sewage collection, disposal, and treatment; and storm water or surface water drainage collection, disposal, and treatment.
Mont. Code Ann. § 7-3-215 — MT Code / Title 7 / Chapter 3 / Part 2 / Section 7-3-215
7-3-215 Preparation of budget
Status: in_force

7-3-215 . Preparation of budget. The executive may:

(1) prepare the budget and present it to the commission for adoption; or

(2) prepare the budget in consultation with the commission and department heads.
Mont. Code Ann. § 7-32-2202 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2202
7-32-2202 Use of detention center in contiguous county
Status: in_force

7-32-2202 . Use of detention center in contiguous county. (1) When there is no detention center in the county or when the detention center becomes unfit or unsafe for the confinement of inmates, the district court judge may, by written appointment filed with the district court clerk, designate the detention center of a contiguous county for the confinement of the inmates of the judge's county and may at any time modify or annul the appointment.

(2) A copy of the appointment, certified by the clerk, must be served on the detention center administrator of each county involved, who must receive into the administrator's detention center all inmates authorized to be confined in the detention center pursuant to this section and who is responsible for the safekeeping of the persons committed in the same manner and to the same extent as if the administrator were the detention center administrator of the county for whose use the administrator's detention center is designated. With respect to the persons committed, the administrator is considered the detention center administrator of the county from which they were removed.

(3) When a detention center is erected in the county for the use of which the designation was made or its detention center is rendered fit and safe for the confinement of inmates, the district court judge of that county shall, by a written revocation filed with the clerk, declare that the necessity for the designation has ceased and that it is revoked.

(4) The clerk shall immediately serve a copy of the revocation upon the detention center administrator of each county involved. The detention center administrator in the designated county shall remove the inmates to the detention center from which they were removed.
Mont. Code Ann. § 7-13-2304 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2304
7-13-2304 Notice of intention to levy tax
Status: in_force

7-13-2304 . Notice of intention to levy tax. (1) When the written estimate of the amount of money required has been delivered to the board of county commissioners, the board shall give notice of its intention to levy and collect a tax sufficient for the payment of bond obligations and other expenses.

(2) The notice must be given:

(a) by posting in five public places within the county and within the boundaries of the lands upon which the tax is to be levied;

(b) by publishing a copy of the notice as provided in 7-1-2121 ; and

(c) by forwarding, by mail as provided in 7-1-2122 at least 10 days prior to the hearing provided for in 7-13-2306 (4), a copy of the notice addressed to the owners and the purchasers under contracts for deed of taxable real property within the district as shown by the current property tax record maintained by the department of revenue for the county or counties the boundaries of which include taxable real property of the district.
Mont. Code Ann. § 7-7-108 — MT Code / Title 7 / Chapter 7 / Part 1 / Section 7-7-108
7-7-108 Authorization for additional indebtedness for water or sewer systems
Status: in_force

7-7-108 . Authorization for additional indebtedness for water or sewer systems. (1) For the purpose of constructing a sewer system or procuring a water supply or constructing or acquiring a water system for a city-county consolidated government that owns and controls the water supply and water system and devotes the revenue from the supply and system to the payment of the debt, a city-county consolidated government may incur an additional indebtedness by borrowing money or issuing bonds.

(2) The additional indebtedness that may be incurred by borrowing money or issuing bonds for the construction of a sewer system or for the procurement of a water supply or for both purposes may not in the aggregate exceed 10% over and above the debt limitation referred to in 7-7-107 .
Mont. Code Ann. § 7-21-4209 — MT Code / Title 7 / Chapter 21 / Part 42 / Section 7-21-4209
7-21-4209 Establishment and supervision of markets
Status: in_force

7-21-4209 . Establishment and supervision of markets. The city or town council has power to establish markets and market houses and provide for the supervision and use thereof.
Mont. Code Ann. § 7-15-4415 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4415
7-15-4415 Cooperation between housing authorities
Status: in_force

7-15-4415 . Cooperation between housing authorities. Any two or more housing authorities may join or cooperate with one another in the exercise of any or all of the powers conferred on such housing authorities for the purpose of financing, planning, undertaking, constructing, or operating a housing project or projects located within the area of operation of any one or more of such housing authorities.
Mont. Code Ann. § 7-12-4426 — MT Code / Title 7 / Chapter 12 / Part 44 / Section 7-12-4426
7-12-4426 Notice of resolution for assessment
Status: in_force

7-12-4426 . Notice of resolution for assessment. (1) A notice, signed by the city clerk, stating that the resolution levying a special assessment or changing the method of assessment to defray the cost of maintenance in the district or districts is on file in the city clerk's office and subject to inspection, must be published as provided in 7-1-4127 .

(2) The notice must state the time and place at which objections to the final adoption of the resolution will be heard by the council and must contain a statement setting out the method of assessment being proposed for adoption or the change in the method of assessment that is being proposed for adoption.
Mont. Code Ann. § 7-3-4323 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4323
7-3-4323 Conduct of commission business
Status: in_force

7-3-4323 . Conduct of commission business. (1) In municipalities having three commissioners, two commissioners shall constitute a quorum and the affirmative vote of two commissioners shall be necessary to adopt or reject any motion, resolution, or ordinance or pass any measure unless a greater number is provided for in this part or part 44. In municipalities having five commissioners, three commissioners shall constitute a quorum and the affirmative vote of three commissioners shall be necessary to adopt or reject any motion, resolution, or ordinance or pass any measure unless a greater number is provided for in this part or part 44.

(2) Upon every vote, the ayes and the nays shall be called and recorded, and every motion, resolution, or ordinance shall be reduced to writing and read before the vote is taken thereon.

(3) All meetings of the commission shall be public and any citizen shall have access to the minutes and records thereof at all reasonable times. The commission shall determine its own rules and order of business and shall keep a journal of its proceedings.

(4) The commission shall choose a clerk and such other officers and employees of its own body as are necessary. The clerk shall be known as the clerk of the commission and shall keep records and perform such other duties as may be required by this part or part 44 or the commission.
Mont. Code Ann. § 7-14-4704 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4704
7-14-4704 Construction of improvements related to pedestrian malls
Status: in_force

7-14-4704 . Construction of improvements related to pedestrian malls. When the public interest or convenience requires, the governing body of a municipality may construct improvements on public streets that have been or will be established as a pedestrian mall, including but not limited to paving, sidewalks, curbs, sewers, covered walkways or areas, air conditioning, drainage works, street lighting facilities, fire protection facilities, flood protection facilities, water distribution facilities, vehicular parking areas, retaining walls, landscaping, tree planting, statuary, fountains, decorative structures, benches, restrooms, child-care facilities, display facilities, information booths, public assembly facilities, and other structures, works, or improvements necessary or convenient to serve members of the public using such pedestrian mall, including the reconstruction or relocation of existing municipally owned works, improvements, or facilities on such streets. The improvements or structures may be attached to abutting private buildings or structures provided that the improvements or structures are located on public property.
Mont. Code Ann. § 7-2-4914 — MT Code / Title 7 / Chapter 2 / Part 49 / Section 7-2-4914
7-2-4914 Disposition of city court records
Status: in_force

7-2-4914 . Disposition of city court records. Notwithstanding the provisions of 7-2-4913 , all court records of the city court, if any, shall be transferred to the nearest justice of the peace. The justice of the peace has the authority to execute and complete all unfinished business. All reports and remittances of fines and forfeitures are made in the same manner as that prescribed for justices of the peace.
Mont. Code Ann. § 7-7-4502 — MT Code / Title 7 / Chapter 7 / Part 45 / Section 7-7-4502
7-7-4502 Interest rates on refunding revenue bonds
Status: in_force

7-7-4502 . Interest rates on refunding revenue bonds. (1) Except as provided in subsection (2), refunding bonds may not be issued unless their average annual interest rate, computed to their stated maturity dates and excluding any premium from the computation, is at least 3/8 of 1% less than the average annual interest rate on the bonds being refunded, computed to their respective stated maturity dates. In determining whether the refunding bonds satisfy the savings requirements provided for in this section:

(a) if the bonds proposed to be refunded bear interest at a variable rate, the average annual interest rate on the bonds being refunded must be calculated by reference to the interest rate on the bonds currently in effect and over the immediately preceding 5 complete fiscal years of the issuer; or

(b) if the variable rate bonds being refunded have not been outstanding for the period of time referred to in subsection (1)(a), the average annual interest rate on the bonds being refunded must be calculated by reference to the interest rate on the bonds being refunded currently in effect and over the total number of complete fiscal years of the issuer since the date of issuance of the bonds.

(2) Refunding bonds may bear interest at a rate lower or higher than the bonds being refunded if:

(a) they are issued to refund matured principal or interest for the payment of which revenue on hand is not sufficient;

(b) the refunding bonds are combined with an issue of new bonds for reconstruction, improvement, betterment, or extension and the lien of the new bonds upon the revenue of the undertaking must be junior and subordinate to the lien of the outstanding bonds being refunded, under the terms of the ordinances or resolutions authorizing the outstanding bonds as applied to circumstances existing on the date of refunding;

(c) the issuance of the refunding bonds, including the total costs of refunding the bonds, results in a reduction of total debt service cost to the municipality; or

(d) the governing body determines that the issuance of variable rate refunding bonds is reasonably expected to result in less interest payable on the refunding bonds than the interest payable on the refunded bonds.
Mont. Code Ann. § 7-13-2214 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2214
7-13-2214 Order creating district upon sufficient favorable vote
Status: in_force

7-13-2214 . Order creating district upon sufficient favorable vote. (1) If at least 40% of all qualified electors vote in favor of creating a district, the board of county commissioners of each affected county shall, by an order entered on its minutes, declare the territory enclosed within the proposed boundaries duly organized as a county water and/or sewer district under the name designated.

(2) The election administrator of each county in which the district lies shall immediately file with the secretary of state and the office of the clerk and recorder of the county a certificate stating that the proposition was adopted.
Mont. Code Ann. § 7-3-4433 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4433
7-3-4433 Claims and issuance of warrants
Status: in_force

7-3-4433 . Claims and issuance of warrants. A warrant for the payment of any claim may not be issued unless the claim is evidenced by a voucher approved by the head of the department for which the indebtedness was incurred and countersigned by the city manager. Before issuing a voucher, the supplies and materials delivered or work done must be inspected and certified to by the head of the proper department or office or by a person designated by the head of the department or office. The head of each department or office shall require proper time reports for all services rendered, to be certified by those having knowledge of the services, to serve as a basis for the preparation of payroll vouchers. Each director of a department and the director's surety are liable to the municipality for all loss or damage sustained by the municipality, by reason of the negligent or corrupt approval of any claim against the municipality in the director's department. Prior to the drawing of a warrant for the payment of any voucher or claim, the director of finance may cause an investigation or inspection to be made by a person designated by the director of finance and may summon persons and examine them under oath or affirmation, which oath or affirmation the director of finance may administer.
Mont. Code Ann. § 7-31-4104 — MT Code / Title 7 / Chapter 31 / Part 41 / Section 7-31-4104
7-31-4104 Suppression of fraud and immoral publications
Status: in_force

7-31-4104 . Suppression of fraud and immoral publications. The city or town council has power to suppress and punish all fraudulent devices and practices for the purpose of obtaining money or property and to prohibit the same or exhibition of immoral publications, prints, pictures, or illustrations.
Mont. Code Ann. § 7-4-2501 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2501
7-4-2501 Compensation of county officers
Status: in_force

7-4-2501 . Compensation of county officers. (1) The county surveyor (if not receiving a salary under 7-4-2812 ) and the public administrator may collect and receive for their own use, respectively, for official services, the fees and emoluments prescribed by law.

(2) All other county officers receive salaries.
Mont. Code Ann. § 7-6-109 — MT Code / Title 7 / Chapter 6 / Part 1 / Section 7-6-109
7-6-109 Requirement to provide services in absence of agreement
Status: in_force

7-6-109 . Requirement to provide services in absence of agreement. No provision of this part shall be construed to relieve any political subdivision of this state, in the absence of an agreement for payment of sums in lieu of taxes by the United States as provided in this part, of the duty of furnishing for the benefit of a project all services which the subdivision usually furnishes for property in and persons residing within the subdivision without a payment of sums in lieu of taxes.
Mont. Code Ann. § 7-3-603 — MT Code / Title 7 / Chapter 3 / Part 6 / Section 7-3-603
7-3-603 Holding of town meeting
Status: in_force

7-3-603 . Holding of town meeting. (1) Towns adopting this form shall convene an annual town meeting on the first Tuesday of March. Special town meetings may be called by the town presiding officer or upon petition of 10% of the qualified electors of the town, but not by less than 10 qualified electors.

(2) All qualified electors of the town may attend the town meeting, take part in the discussion, and vote on all matters coming before the town meeting. Others may attend but may not vote or take part in the discussion except by a majority vote of the town meeting.

(3) A quorum consists of at least 10% of the qualified electors of the town, but a higher quorum requirement may be established by a majority vote of the town meeting.

(4) The election of town officials must be nonpartisan and must be by a plurality of those qualified electors present and voting. All other voting in the town meeting must be by a simple majority of those qualified electors present and voting.

(5) Election of officials must be by secret ballot. Other voting must be by secret ballot upon the request of at least five members of the town meeting.
Mont. Code Ann. § 7-5-2129 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2129
7-5-2129 Minute book to be kept by board
Status: in_force

7-5-2129 . Minute book to be kept by board. The board of county commissioners shall cause to be kept a "Minute Book" in which must be recorded all orders and decisions made by them and the daily proceedings had at all regular and special meetings.
Mont. Code Ann. § 7-4-2602 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2602
7-4-2602 Designation of chief deputy by county clerk
Status: in_force

7-4-2602 . Designation of chief deputy by county clerk. The county clerk may designate a deputy clerk as chief deputy clerk.
Mont. Code Ann. § 7-15-4217 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4217
7-15-4217 Criteria for approval of urban renewal project
Status: in_force

7-15-4217 . Criteria for approval of urban renewal project. Following the hearing required by 7-15-4214 , the local governing body may, by ordinance, approve an urban renewal project if it finds that:

(1) a workable and feasible plan exists for making available adequate housing for the persons who may be displaced by the project;

(2) the urban renewal plan conforms to the comprehensive plan or parts thereof for the municipality as a whole;

(3) the urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; and

(4) a sound and adequate financial program exists for the financing of said project.
Mont. Code Ann. § 7-3-212 — MT Code / Title 7 / Chapter 3 / Part 2 / Section 7-3-212
7-3-212 Administrative assistants
Status: in_force

7-3-212 . Administrative assistants. The executive:

(1) shall appoint one or more administrative assistants to assist in the supervision and operation of the local government, and the administrative assistants are answerable solely to the executive; or

(2) may appoint one or more administrative assistants to assist in the supervision and operation of the local government, and the administrative assistants are answerable solely to the executive.
Mont. Code Ann. § 7-32-2126 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2126
7-32-2126 Liability insurance for privately owned vehicles when used on official business
Status: in_force

7-32-2126 . Liability insurance for privately owned vehicles when used on official business. (1) The board of county commissioners shall provide liability insurance for not more than one privately owned vehicle used by the sheriff, not more than one privately owned vehicle used by the undersheriff, and not more than one privately owned vehicle used by each deputy sheriff when the vehicles are used on official business. The insurance must be paid for from county funds and must provide full comprehensive and collision coverage plus minimum coverage of $100,000 for each person for bodily injury and medical expenses, $300,000 for all persons per accident, and $50,000 per accident for property damage.

(2) This section does not apply to counties furnishing motor vehicles to the sheriff's office pursuant to the provisions of 7-32-2125 .
Mont. Code Ann. § 7-11-1021 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1021
7-11-1021 Governance -- powers and duties
Status: in_force

7-11-1021 . Governance -- powers and duties. (1) A special district must be administered and operated either by the governing body or by a separate elected or appointed board as determined by the governing body.

(2) (a) If the special district is governed by a separate board, the board must be established in accordance with Title 7, chapter 1, part 2, except as provided in 7-11-1010 , and specific powers and duties granted to the board and those specifically withheld must be stated.

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

(c) The governing body may grant additional powers to the board. This includes the authorization to use privately contracted legal counsel or the attorney of the governing body. If privately contracted counsel is used, notice must be provided to the attorney of the governing body.

(d) The governing body has ultimate authority under this subsection (2).

(3) The entity chosen to administer the special district, as provided in subsection (1), may:

(a) implement a program and order improvements for the special district designed to fulfill the purposes of the special district;

(b) employ personnel directly related to the specific improvement or program;

(c) purchase, rent, or lease equipment, personal property, and material necessary to develop and implement an effective program;

(d) cooperate or contract with any corporation, association, individual, or group of individuals, including any agency of federal, state, or local government, in order to develop and implement an effective program;

(e) receive gifts, grants, or donations for the purpose of advancing the program and, by gift, deed, devise, or purchase, acquire land, facilities, buildings, and material necessary to implement the purposes of the special district;

(f) construct, improve, and maintain new or existing facilities and buildings necessary to accomplish the purposes of the special district;

(g) provide grants to private, nonprofit entities as part of implementing an effective program;

(h) adopt a seal and alter it at the entity's pleasure;

(i) administer local ordinances as appropriate;

(j) establish district capital improvement funds pursuant to 7-6-616 , maintenance funds, and debt service funds; and

(k) borrow money by the issuance of:

(i) general obligation bonds as authorized by the governing body pursuant to Title 7, chapter 6, part 40, and the appropriate provisions of Title 7, chapter 7, part 22 or 42; or

(ii) revenue bonds for the lease, purchase, and maintenance of land, facilities, and buildings and the funding of projects in the manner and subject to the appropriate provisions of Title 7, chapter 7, part 25 or 44.

(4) If the special district is administered by a separate board, the board shall submit annual budget and work plans to the governing body for review and approval.

(5) The right to exercise eminent domain pursuant to 70-30-102 is limited to cemetery districts.
Mont. Code Ann. § 7-32-4160 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4160
7-32-4160 Decision by police commission
Status: in_force

7-32-4160 . Decision by police commission. The police commission shall, after the conclusion of the hearing, decide the appeal and must have the power, by a decision of a majority of the commission, to sustain, modify, or overrule the disciplinary order of the mayor, city manager, or chief executive.
Mont. Code Ann. § 7-3-1252 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1252
7-3-1252 Investigatory powers of commission and manager
Status: in_force

7-3-1252 . Investigatory powers of commission and manager. (1) The commission, the manager, or any person or committee authorized by either of them shall have power to inquire into the conduct of any department or office of the municipality and to make investigations as to municipal affairs and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers, and other evidence.

(2) It shall be the duty of the manager to designate a police officer to serve subpoenas. The commission shall provide by ordinance the penalty or penalties for contempt in refusing to obey any such subpoena or to produce such books, papers, and other evidence and shall have the power to punish any such contempt in the manner provided by ordinance.
Mont. Code Ann. § 7-14-1621 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1621
7-14-1621 Regional rail authority
Status: in_force

7-14-1621 . Regional rail authority. (1) Two or more counties may by joint resolution create a regional rail authority. The resolution creating a regional rail authority must create a regional rail authority board of not less than five directors. The number of directors to be appointed, their term of office, and their qualifications must be provided for in the resolution.

(2) The text of the resolution must be published as provided in 7-1-2121 in each county in which the territory of the proposed authority lies. A county may not adopt a resolution authorized by this section without a public hearing.

(3) After passage of the resolution by the board of each county with territory included in the authority, the boards shall jointly appoint the initial directors of the regional rail authority.
Mont. Code Ann. § 7-16-4106 — MT Code / Title 7 / Chapter 16 / Part 41 / Section 7-16-4106
7-16-4106 Acquisition of property for athletic fields and civic stadiums
Status: in_force

7-16-4106 . Acquisition of property for athletic fields and civic stadiums. (1) A city or town council may:

(a) acquire by gift, purchase, or condemnation pursuant to Title 70, chapter 30, lands for athletic fields and civic stadiums within or outside of the corporate limits of the municipality;

(b) establish and regulate athletic fields and civic stadiums;

(c) exercise municipal jurisdiction over the acquired land when the land or any portion of the land is outside of the corporate limits of the municipality to the same extent as though the land was within the corporate limits; and

(d) construct, maintain, and regulate athletic and civic stadiums on the land.

(2) The city or town council may set aside or designate portions or tracts of land now owned by any municipality for the purpose of providing athletic fields and civic stadiums.
Mont. Code Ann. § 7-33-2126 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2126
7-33-2126 Annexation of adjacent territory contained in a fire district
Status: in_force

7-33-2126 . Annexation of adjacent territory contained in a fire district. (1) Adjacent territory that is already a part of a fire district may withdraw from the fire district and become annexed to another fire district in the following manner:

(a) A petition in writing by 40% or more of the owners of real property within the area proposed to be transferred and owners of 40% or more of the taxable value of the property within the area proposed to be transferred must be presented to the county commissioners, asking that the area be transferred to and included in any other organized fire district to which the area is adjacent. The petition must describe the change of boundaries to be affected by the proposed transfer of area.

(b) The commissioners shall hold a hearing on the petition in accordance with the procedure outlined in 7-33-2142 . The transfer must be allowed unless protests are presented at the hearing by the owners of 40% or more of the real property in either district and owners of property representing 40% or more of the taxable value in either district.

(2) The transfer may be allowed only upon a showing of more advantageous proximity and communications with the firefighting facilities of the other district.
Mont. Code Ann. § 7-16-2326 — MT Code / Title 7 / Chapter 16 / Part 23 / Section 7-16-2326
7-16-2326 Discrimination in employment prohibited
Status: in_force

7-16-2326 . Discrimination in employment prohibited. No contract of employment may be entered into except in compliance with federal and state statutes, orders, and rules providing that there may be no discrimination in employment.
Mont. Code Ann. § 7-4-2509 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2509
7-4-2509 Sheriff's office -- work period in lieu of workweek -- overtime compensation
Status: in_force

7-4-2509 . Sheriff's office -- work period in lieu of workweek -- overtime compensation. (1) (a) A sheriff's office may establish a work period other than the workweek provided in 39-3-405 or 7-32-2111 for determining when an employee may be paid overtime.

(b) The aggregate of all work periods in a year, when expressed in hours, may not exceed 2,080 hours.

(2) The board of county commissioners may by resolution establish that any undersheriff or deputy sheriff who works in excess of the regularly scheduled work period will be compensated for the hours worked in excess of the work period at a rate to be determined by that board of county commissioners.
Mont. Code Ann. § 7-34-2417 — MT Code / Title 7 / Chapter 34 / Part 24 / Section 7-34-2417
7-34-2417 Health care facility tax levy authorized
Status: in_force

7-34-2417 . Health care facility tax levy authorized. If the bonds are not paid or are not expected to be paid from ordinary revenue of the facility, a county that has issued bonds under 7-34-2411 for a health care facility may, subject to 15-10-420 , levy taxes on the taxable value of all taxable property within the county in the manner provided for public hospital districts under 7-34-2133 .
Mont. Code Ann. § 7-2-4801 — MT Code / Title 7 / Chapter 2 / Part 48 / Section 7-2-4801
7-2-4801 Use of terms contiguous and adjacent
Status: in_force

7-2-4801 . Use of terms contiguous and adjacent. For the purposes of this part, the words "contiguous" and "adjacent" shall include property on the opposite side of a street or alley from the property sought to be withdrawn.
Mont. Code Ann. § 7-3-125 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-125
7-3-125 Petition for alteration
Status: in_force

7-3-125 . Petition for alteration. (1) A petition for the alteration of an existing form of local government may be presented to the governing body of the local government. The petition must meet the requirements of 7-3-142 through 7-3-145 .

(2) The petition must be signed by at least 15% of the electors of the local government registered at the last general election. Whenever county-municipal consolidation is proposed, the petition must be signed by at least 15% of the electors residing within the municipality or municipalities proposed to be consolidated and at least 15% of the electors residing in the remainder of the county.
Mont. Code Ann. § 7-15-4463 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4463
7-15-4463 Title to property acquired from housing authority subject to agreements with governments
Status: in_force

7-15-4463 . Title to property acquired from housing authority subject to agreements with governments. Notwithstanding anything in this part or part 45 to the contrary, any purchaser or purchasers at a sale of real or personal property of the authority, whether pursuant to any foreclosure of a mortgage or pursuant to judicial process or otherwise, shall obtain title subject to any contract between the authority and a government relating to the supervision by a government of the operation and maintenance of such property and the construction of improvements thereon.
Mont. Code Ann. § 7-4-2301 — MT Code / Title 7 / Chapter 4 / Part 23 / Section 7-4-2301
7-4-2301 Authorization to consolidate county offices
Status: in_force

7-4-2301 . Authorization to consolidate county offices. (1) Except as provided in subsection (2), the board of county commissioners of any county may in its discretion consolidate any two or more of the offices named in 7-4-2203 and combine the powers and the duties of the consolidated offices.

(2) The office of the justice of the peace may not be combined or consolidated with any other office other than another justice of the peace office.
Mont. Code Ann. § 7-2-2215 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2215
7-2-2215 Election on question of creating new county -- proclamation and notice
Status: in_force

7-2-2215 . Election on question of creating new county -- proclamation and notice. (1) Within 2 weeks after the determination that the signatures on the petition are valid and sufficient, the board of county commissioners shall order and give notice of an election to be held for the purpose of determining whether the territory proposed to be taken from the county is to be established and organized into a new or enlarged county, for the election of officers, and for the location of a county seat if the vote at the election is in favor of the question.

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

(3) All registered electors of the county are entitled to vote at the election.

(4) If the proposed new county is an existing county to be enlarged by territory taken from the county in which the petition was filed, the board of county commissioners of the proposed new county shall also hold an election in the manner described in subsections (1) through (3).
Mont. Code Ann. § 7-12-2132 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2132
7-12-2132 Advertising for bids
Status: in_force

7-12-2132 . Advertising for bids. A notice inviting proposals and referring to specifications on file with the engineer selected must be published as provided in 7-1-2121 .
Mont. Code Ann. § 7-2-4808 — MT Code / Title 7 / Chapter 2 / Part 48 / Section 7-2-4808
7-2-4808 Resolution and revised municipal map to be filed
Status: in_force

7-2-4808 . Resolution and revised municipal map to be filed. (1) Within 30 days after the passage and approval of said resolution, a copy thereof, duly certified by the clerk of said city or town, together with a map showing the corporate limits of said city or town as altered and changed, shall be filed in the office of the county clerk and recorder of the county in which said city or town is located.

(2) Upon the filing of the certified copy of the resolution, all such streets, avenues, alleys, and public places to be abandoned or vacated, unless expressly excepted in said resolution, shall be deemed to be vacated and abandoned and the title thereto shall revert to the owners of the adjacent property.
Mont. Code Ann. § 7-2-2608 — MT Code / Title 7 / Chapter 2 / Part 26 / Section 7-2-2608
7-2-2608 Frequency of elections on question of moving county seat
Status: in_force

7-2-2608 . Frequency of elections on question of moving county seat. (1) When an election has been held and a majority of the votes are not cast for some place other than that fixed by law as the existing county seat, no second election for the removal thereof may be held within 4 years thereafter.

(2) When the county seat of a county has been once removed by a popular vote of the people of the county, it may be again removed from time to time in the manner provided by this part.
Mont. Code Ann. § 7-5-121 — MT Code / Title 7 / Chapter 5 / Part 1 / Section 7-5-121
7-5-121 Resolution requirements
Status: in_force

7-5-121 . Resolution requirements. (1) All resolutions must be submitted in the form prescribed by resolution of the governing body.

(2) Resolutions may not:

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

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

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

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

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

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

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

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

(4) The prohibitions provided for in subsection (2) do not apply to the enforcement of zoning provisions as allowed in 76-2-113 and 76-2-210 .

(5) Resolutions may be submitted and adopted at a single meeting of the governing body.

(6) After passage and approval, all resolutions must be entered into the minutes and signed by the chairperson of the governing body.

(7) As used in this section, "private business" means an individual or entity that is not principally a part of or associated with a government unit and that has an established physical location within the boundaries of the county or municipality. The term includes but is not limited to a nonprofit or for-profit entity, a corporation, a sole proprietorship, or a limited liability company.
Mont. Code Ann. § 7-32-202 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-202
7-32-202 Prohibition on participation in certain pension and retirement systems
Status: in_force

7-32-202 . Prohibition on participation in certain pension and retirement systems. (1) A reserve officer may not participate in any pension or retirement system established for full-time law enforcement officers.

(2) An auxiliary officer may not participate in any pension or retirement system established for full-time law enforcement officers.
Mont. Code Ann. § 7-3-4205 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4205
7-3-4205 City to be governed by mayor and council members
Status: in_force

7-3-4205 . City to be governed by mayor and council members. Each city must be governed by a mayor and council members, as provided in 7-3-4215 , each of whom has the right to vote on all questions coming before the council.
Mont. Code Ann. § 7-15-4512 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4512
7-15-4512 Security for money deposited by housing authority
Status: in_force

7-15-4512 . Security for money deposited by housing authority. (1) The authority may by resolution provide that all money deposited by it shall be secured by:

(a) obligations of the United States or of the state of a market value equal at all times to the amount of such deposits;

(b) any securities in which savings banks may legally invest funds within their control; or

(c) an undertaking with such sureties as shall be approved by the authority to faithfully keep and pay over upon the order of the authority any such deposits and agreed interest thereon.

(2) All banks and trust companies are authorized to give any such security for such deposits.
Mont. Code Ann. § 7-14-1005 — MT Code / Title 7 / Chapter 14 / Part 10 / Section 7-14-1005
7-14-1005 General powers of the authority
Status: in_force

7-14-1005 . General powers of the authority. A transportation improvement authority has all the powers necessary to carry out the purposes of this part, including the power to:

(1) sue and be sued, have a seal, and have perpetual succession;

(2) execute contracts and other instruments and take other action as may be necessary to carry out the purposes of this part;

(3) receive and disburse federal, state, and other public or private funds made available by grant, loan, contribution, or other source to accomplish the purposes of this part. Federal money must be accepted and spent by the authority upon terms and conditions prescribed by the United States and consistent with state law. All state money accepted under this section must be accepted and spent by the authority upon terms and conditions prescribed by the state.

(4) acquire by purchase, gift, devise, lease, or other means real or personal property or any interest in property; and

(5) sell, lease, or otherwise dispose of real or personal property acquired pursuant to this part. The disposal must be in accordance with the laws of this state governing the disposition of public property.
Mont. Code Ann. § 7-14-4657 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4657
7-14-4657 Special provisions relating to indenture clause dealing with amendment and modification
Status: in_force

7-14-4657 . Special provisions relating to indenture clause dealing with amendment and modification. (1) With respect to any clause providing for the modification or amendment of an indenture, the commission may agree that bonds held by the commission; by any department, political subdivision, or agency of the state; or by any public corporation, municipality, district, or political subdivision shall not be counted as outstanding bonds or be entitled to vote or assent but shall, nevertheless, be subject to any such modification or amendment.

(2) Such clause may provide for meetings of bondholders and for the manner in which the consent of the bondholders may be given. The clause shall specifically state the effect of such amendment or modification upon the rights of the holders of all of the bonds and interest coupons appertaining thereto, whether attached thereto or detached therefrom.
Mont. Code Ann. § 7-5-4124 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4124
7-5-4124 Destruction of municipal records
Status: in_force

7-5-4124 . Destruction of municipal records. (1) Except as provided in subsection (2), on the order of the city or town council or commission and with the written approval of the local government records destruction subcommittee provided for in 2-6-1202 , a city or town officer may destroy records that have met the retention period, as contained in the local government records retention and disposition schedules, and that are no longer needed by the office.

(2) If the city or town council or commission has adopted a retention schedule that has been approved by the local government records committee, a city or town officer may destroy records that have met the retention period without the written approval of the local government records destruction subcommittee.
Mont. Code Ann. § 7-6-2113 — MT Code / Title 7 / Chapter 6 / Part 21 / Section 7-6-2113
7-6-2113 Effect of failure to make treasurer's report
Status: in_force

7-6-2113 . Effect of failure to make treasurer's report. If a county treasurer neglects or refuses to settle or report as required in 7-6-612 , the county treasurer forfeits and shall pay to the county the sum of $500 for each neglect or refusal. The board of county commissioners shall institute suits for the recovery of the sum.
Mont. Code Ann. § 7-13-2307 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2307
7-13-2307 Hearing on protest to levy of tax
Status: in_force

7-13-2307 . Hearing on protest to levy of tax. (1) The hearing provided for in 7-13-2306 (4) shall be had no less than 15 days after the last publication of the notice.

(2) At the time and place designated for said hearing, any owner of property situated within the area to be assessed may appear and protest the levy of the tax or any matter pertaining thereto. All protests must be heard, considered, and ruled upon by the board of county commissioners.

(3) The board of county commissioners may adjourn said hearing from time to time.
Mont. Code Ann. § 7-14-1105 — MT Code / Title 7 / Chapter 14 / Part 11 / Section 7-14-1105
7-14-1105 Cooperation of county or municipality
Status: in_force

7-14-1105 . Cooperation of county or municipality. For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of ports and facilities pursuant to this part, any county or municipality for which an authority has been created upon such terms, with or without consideration, as it may determine may:

(1) lend or donate money to the authority;

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

(3) cause water, sewer, or drainage facilities or any other facilities that it is empowered to provide to be furnished adjacent to or in connection with such ports or facilities;

(4) dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses, or any other rights or privileges therein to the authority;

(5) furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, and walks from established streets or roads to such port or facilities;

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

(7) enter into agreements with the authority respecting action to be taken by the county or municipality pursuant to the provisions of this section.
Mont. Code Ann. § 7-3-180 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-180
7-3-180 Cooperation of study commissions
Status: in_force

7-3-180 . Cooperation of study commissions. (1) Any two or more study commissions may cooperate in the conduct of their studies. A majority vote by each of the affected study commissions is required for a cooperative study.

(2) Cooperative studies do not preclude each study commission from making a separate report and recommendation.
Mont. Code Ann. § 7-32-126 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-126
7-32-126 Vacancies and succession
Status: in_force

7-32-126 . Vacancies and succession. (1) In case of a vacancy for any cause, a new member must be appointed in the same manner as the person replaced. The appointee shall serve out the unexpired portion of the term of the person replaced.

(2) The successor for a commission member whose term has expired must be appointed in the same manner used to appoint the commission member that the person succeeds.

(3) A member of a public safety commission is eligible for reappointment to the commission at the end of a term.
Mont. Code Ann. § 7-5-2133 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2133
7-5-2133 Convenience fee for electronic county government services
Status: in_force

7-5-2133 . Convenience fee for electronic county government services. (1) Except as provided in 7-5-2131 (2), the county may charge a convenience fee and may allow county departments to collect the convenience fee on selected electronic government services in order to provide funding for the support and furtherance of electronic government services.

(2) As used in this section, "convenience fee" means a fee charged to recover the costs of providing electronic government services.
Mont. Code Ann. § 7-12-4172 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4172
7-12-4172 Allocation of costs of nonfrontage sides
Status: in_force

7-12-4172 . Allocation of costs of nonfrontage sides. The governing body shall allocate to all lots in the special improvement district a proportionate share of the costs according to the lineal feet assigned to each lot.
Mont. Code Ann. § 7-13-2347 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2347
7-13-2347 Effect of order excluding land
Status: in_force

7-13-2347 . Effect of order excluding land. From the time of the making of the order of exclusion, the lands so excluded shall be deemed to be no longer included in the district, but such order of exclusion shall not be taken to invalidate in any manner any taxes or assessments theretofore levied or assessed against the lands so excluded.
Mont. Code Ann. § 7-3-1342 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1342
7-3-1342 City court
Status: in_force

7-3-1342 . City court. (1) A city court is established in and for each municipality, with the jurisdiction, powers, and duties within the municipality provided by general law for city courts in cities and towns and for justices of the peace.

(2) The commission shall by ordinance determine the number of judges required for operation of the city court. City court judges are to be elected every 4 years in a nonpartisan election held in conjunction with the regularly scheduled general election. The term of office for city judge is 4 years.

(3) The qualifications to hold the office of city judge shall be set by ordinance by the commission. The ordinance shall be consistent with any rules adopted by the Montana supreme court on city judge qualifications.

(4) Whenever a vacancy occurs in the office of city judge, the commission shall appoint a qualified individual to serve for the remainder of the term. The compensation of the city judge or judges shall be fixed by the commission.
Mont. Code Ann. § 7-14-2601 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2601
7-14-2601 Petition to establish, alter, or abandon county road -- definitions
Status: in_force

7-14-2601 . Petition to establish, alter, or abandon county road -- definitions. (1) Any 10, or a majority, of the real property owners of a road district that is taxable for road purposes may petition the board in writing to open, establish, construct, change, abandon, or discontinue any county road in the district.

(2) When the road petitioned for is on the dividing line between two counties, the same procedure must be followed except that a copy of the petition must be presented to each board. The two boards shall act jointly.

(3) As used in this part, unless the context requires otherwise:

(a) "abandonment" has the meaning provided in 60-1-103 ;

(b) "board" means the board of county commissioners; and

(c) "vacation" has the meaning provided in 60-1-103 .
Mont. Code Ann. § 7-2-2604 — MT Code / Title 7 / Chapter 2 / Part 26 / Section 7-2-2604
7-2-2604 Consideration of petition -- submission to voters -- withdrawal of signatures
Status: in_force

7-2-2604 . Consideration of petition -- submission to voters -- withdrawal of signatures. (1) The county election administrator shall verify signatures on the petition within 30 days of when the signed petition is filed.

(2) If the county election administrator determines that the petition is signed by at least 50% of the county's electors who voted in the last general election, the board of county commissioners must submit the question of the removal of the county seat to the electors of the county. The election on the question of removal of the county seat must be held in accordance with Title 13, chapter 1, part 4.

(3) If the petition has not been signed by at least 50% of the county's electors who voted in the last general election, the question of the removal of the county seat may not be submitted to electors.

(4) A person who signed the petition may request that the person's signature not be counted by filing a written request with the county clerk before the signatures are validated and counted pursuant to this section.
Mont. Code Ann. § 7-8-2701 — MT Code / Title 7 / Chapter 8 / Part 27 / Section 7-8-2701
7-8-2701 State policy for resource management
Status: in_force

7-8-2701 . State policy for resource management. It is the policy of the state of Montana:

(1) to promote the conservation of the natural resources of the state;

(2) to provide for the conservation, protection, and development of forage plants and for the beneficial use of forage plants for grazing by livestock, under regulations that may be considered necessary;

(3) to put into crop production only properly fitted lands;

(4) to encourage the storage and conservation of water for livestock and irrigation;

(5) to place the farming and livestock industries upon a permanent and solid foundation;

(6) to extend preference in sales and leases of lands to resident farmers, stockgrowers, and taxpayers; and

(7) to gradually restore to private ownership the immense areas of lands that have passed into county ownership because of tax delinquencies.
Mont. Code Ann. § 7-13-2349 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2349
7-13-2349 Establishment of subdistricts
Status: in_force

7-13-2349 . Establishment of subdistricts. (1) The board of directors may establish one or more subdistricts within a district to provide for and finance the cost of water or sewer projects, improvements, or extensions that would benefit land in the subdistrict but not other land in the district. Before establishing a subdistrict, the board shall conduct a public hearing on the establishment of the proposed subdistrict after 10 days' notice published in a newspaper of general circulation in the district. The notice of public hearing must contain a description of the subdistrict and the proposed water or sewer project and its estimated cost. After the public hearing, the board of directors may, by resolution, establish the subdistrict if it finds that it is in the best interests of the owners of the land in the subdistrict and the district wishing to establish the subdistrict, that the subdistrict constitutes all land in the district benefited by the proposed water or sewer project, and that the establishment of the subdistrict and the financing of water or sewer projects for the benefit of the subdistrict will not violate any covenants of the district made with owners of outstanding bonds of the district.

(2) The board shall describe in the resolution establishing the subdistrict the land to be included in the subdistrict. The land does not need to be contiguous but must be located within the district and must constitute all of the land in the district benefited by the proposed water or sewer project.

(3) Following the establishment of a subdistrict, the board of directors may undertake and finance water or sewer projects, improvements, or extensions that benefit land in the subdistrict but not other land in the district, as provided in Title 7, chapter 13, parts 22 and 23, including but not limited to the incurrence of bonded indebtedness to finance costs and the levy of special assessments or the imposition of rates and charges, all subject to any covenants made with owners of outstanding bonds of the district. If general obligation bonds are to be issued to finance the costs of the projects, the subdistrict must be treated as the district for the purposes of 7-13-2331 .

(4) The powers granted in this section are supplementary to the powers otherwise granted to county water and sewer districts.
Mont. Code Ann. § 7-7-4212 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4212
7-7-4212 Citizen bonds -- procedural requirements prior to issuance
Status: in_force

7-7-4212 . Citizen bonds -- procedural requirements prior to issuance. Prior to issuing citizen bonds, a city or town shall make available to interested investors:

(1) a preliminary official statement, a draft-form legal opinion from a recognized bond counsel, and a comparison to taxable yields at various income levels; and

(2) application forms for the purchase of citizen bonds, which must specify at a minimum:

(a) the time, date, and place that applications will be received, the manner in which applications will be processed, and the conditions under which the sale may be canceled if the issue is not fully subscribed during the application period;

(b) the issue date, maturity dates, and the dates on which interest will be earned and paid;

(c) the denominations of the bonds and the maximum amount of bonds that any one buyer may purchase;

(d) the approximate yield on the bonds if held to maturity and the manner in which interest rates have been calculated; and

(e) the provision made for the transfer of ownership of outstanding bonds.
Mont. Code Ann. § 7-14-2124 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2124
7-14-2124 Disposition of surplus crushed rock and gravel
Status: in_force

7-14-2124 . Disposition of surplus crushed rock and gravel. (1) Crushed rock or gravel not directly used or needed by the county in the construction, repair, or maintenance of its roads may be sold by the board of county commissioners at not less than actual cost of production to only a:

(a) person, firm, or corporation desiring to use it upon any public street or highway in the county; or

(b) landowner for personal use in an area within 5 miles of the opencut operation where the materials were mined.

(2) The proceeds of any sale must be paid into the county road fund.
Mont. Code Ann. § 7-33-4108 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4108
7-33-4108 Physical examination
Status: in_force

7-33-4108 . Physical examination. The examination required by 7-33-4107 (1)(e) must be in writing, and a written determination of the examination must be filed with the city or town clerk. The determination of the examination must disclose the ability of the applicant to perform the physical work usually required of firefighters in the performance of their duty.
Mont. Code Ann. § 7-4-2106 — MT Code / Title 7 / Chapter 4 / Part 21 / Section 7-4-2106
7-4-2106 Vacancy on board of county commissioners -- resigning member not to participate in filling pending vacancy
Status: in_force

7-4-2106 . Vacancy on board of county commissioners -- resigning member not to participate in filling pending vacancy. (1) For the purposes of this part, "vacancy" has the same meaning as prescribed in 2-16-501 .

(2) Whenever a vacancy occurs in the board of county commissioners from a failure to elect or otherwise, the remaining county commissioners shall fill the vacancy and the appointee shall hold office until the next general election unless otherwise provided in subsection (3) or (4). The procedure to be used to fill the vacancy is as follows:

(a) If the former incumbent represented a party eligible for a primary election under 13-10-601 , the county central committee of that party shall submit to the remaining commissioners three names of people who have lived in the unrepresented district for at least 2 years immediately preceding the day the vacancy occurs. The remaining commissioners shall appoint one of these three to fill the vacancy. Whenever the remaining commissioners are unable to elect an appointee from the submitted list, they shall request a second list of three names from the county central committee. The second list may not contain any of the names submitted on the first list. The remaining commissioners shall then select an appointee from the individuals named on both lists.

(b) If the former incumbent was independent, nonpartisan, or originally nominated by a party that does not meet the requirements of 13-10-601 or if the vacancy occurs from a failure to elect, the remaining commissioners shall invite applications for the vacancy in a notice published as provided in 13-1-108 and shall accept an application from any person who has lived in the unrepresented district for at least 2 years immediately preceding the day the vacancy occurs. The remaining commissioners shall appoint one of these applicants to fill the vacancy.

(3) Whenever a vacancy occurs prior to August 1 before the general election held during the second or fourth year of the term, an individual must be elected to complete the term at that general election. The election procedure to be used to elect the successor is as follows:

(a) Whenever the vacancy occurs prior to March 1 before the primary election during the second or fourth year of the term, the same procedure must be used as is used to elect county commissioners to full 6-year terms.

(b) Whenever the vacancy occurs on or after March 1 preceding the primary election, any political party desiring to enter a candidate in the general election shall select a candidate as provided in 13-38-204 . A political party shall notify the county election administrator of the party nominee. A person desiring to be a candidate as an independent shall follow the procedures provided in 13-10-501 and 13-10-502 . The petition for an independent candidate must be filed with the county election administrator prior to August 1 before the general election. A candidate for a nonpartisan office shall file as provided in Title 13, chapter 14.

(4) Whenever a vacancy occurs after July 31 preceding the general election held during the fourth year of the term, the person appointed by the remaining county commissioners under subsection (2) shall serve until the end of the term.

(5) (a) If multiple vacancies occur simultaneously so that a quorum cannot be established, the county compensation board provided for in 7-4-2503 shall, subject to subsection (5)(c) of this section, appoint enough commissioners to allow for a quorum to be established. The vacancies must be filled in the order in which the commissioners' terms would have expired.

(b) If vacancies occur at different times but, because appointments have not yet been made, a quorum cannot be established, the county compensation board shall, subject to subsection (5)(c), appoint enough commissioners to allow for a quorum to be established. The county compensation board shall appoint each commissioner in the order that the vacancy occurred.

(c) (i) A commissioner appointed under this subsection (5) must meet the residency requirement in 7-4-2104 (2) and must be from the same district as the commissioner being replaced.

(ii) If a commissioner being replaced represented a party eligible for a primary election under 13-10-601 , the county central committee of that party shall, within 30 days of the occurrence of the vacancy, submit to the county compensation board three names of people who have lived in the unrepresented district for at least 2 years immediately prior to the occurrence of the vacancy. The county compensation board shall appoint each commissioner from the list of names provided by the county central committee.

(d) Once a quorum can be established, the county commissioners forming the quorum shall appoint the remaining commissioners as provided in this section.

(e) If a county compensation board does not exist, appointments under this subsection (5) must be made by a district judge having jurisdiction in the county.

(6) If a member of the board of county commissioners has submitted the member's resignation as provided in 2-16-502 or if proceedings have begun to remove the member from office under 2-16-501 , that member may not be considered to be a remaining member of the commission as provided in this section and may not participate in filling the vacancy to be created when the resignation becomes effective.
Mont. Code Ann. § 7-12-2112 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2112
7-12-2112 Sufficient protest to bar proceedings -- exception
Status: in_force

7-12-2112 . Sufficient protest to bar proceedings -- exception. (1) Except as provided in subsection (2), further proceedings may not be taken for a period of 6 months from the date when a protest was received by the county clerk if the board of county commissioners finds that the protest is made by the owners of property in the proposed district to be assessed for more than 50% of the cost of the proposed program or improvements as determined by the method or methods of assessment described in the resolution of intention.

(2) If the improvements are the construction of sanitary sewers, the protests may be overruled by a unanimous vote of the board if:

(a) the improvements are ordered by the department of environmental quality or the federal environmental protection agency; or

(b) the governing body makes written findings after a public hearing and public comment, based on evidence in the record, that the proposed improvements protect public health or the environment, mitigate harm to the public health or environment, and are achievable under current technology.
Mont. Code Ann. § 7-6-613 — MT Code / Title 7 / Chapter 6 / Part 6 / Section 7-6-613
7-6-613 Procedure to transfer funds
Status: in_force

7-6-613 . Procedure to transfer funds. Money may not be transferred from one fund to another except by resolution of a county or municipal governing body unless the transfer is:

(1) previously authorized by a budget resolution;

(2) provided for by 7-6-614 ;

(3) made in the usual course of county or municipal business for:

(a) school transfers;

(b) tax increment finance districts;

(c) specialized tax situations;

(d) the purpose of distributing refunds, protested taxes, or interest charges for interest in lieu of registered warrants;

(e) bond sinking fund transfers;

(f) residual equity transfers;

(g) transfers of investments; or

(h) corrections of errors; or

(4) otherwise authorized by statute.
Mont. Code Ann. § 7-6-1547 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1547
7-6-1547 Resort area district board -- meetings
Status: in_force

7-6-1547 . Resort area district board -- meetings. (1) The board of directors shall meet at a regularly scheduled time and place. The board of directors shall provide public notice of any change in the time and place of the board meetings.

(2) All board of directors meetings are open to the public unless, under the terms of Article II, section 9, of the Montana constitution or 2-3-203 , the presiding officer determines that the demands of individual privacy clearly exceed the merits of public disclosure.

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

(4) The board of directors may act only by ordinance or resolution.
Mont. Code Ann. § 7-1-2101 — MT Code / Title 7 / Chapter 1 / Part 21 / Section 7-1-2101
7-1-2101 Nature of county
Status: in_force

7-1-2101 . Nature of county. (1) A county is the largest political division of the state having corporate power.

(2) Every county is a body politic and corporate and as such has the power specified in this code or in special statutes and such powers as are necessarily implied from those expressed.
Mont. Code Ann. § 7-14-103 — MT Code / Title 7 / Chapter 14 / Part 1 / Section 7-14-103
7-14-103 Use of county road equipment in certain municipalities
Status: in_force

7-14-103 . Use of county road equipment in certain municipalities. The board of county commissioners of any county may in its discretion authorize and permit the use of any county highway or road machinery or equipment, when not in use in any rural district, in connection with the construction, repair, and maintenance of streets, avenues, and alleys within any incorporated city or town of population of 4,000 or less located in such county.
Mont. Code Ann. § 7-2-2255 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2255
7-2-2255 Transfer of court files and actions
Status: in_force

7-2-2255 . Transfer of court files and actions. (1) The files of all actions in the office of the clerk of the district court of the old county, whether reduced to judgment or pending, for the recovery of the possession of, quieting the title to, or the enforcement of liens upon real estate lying wholly in the new county or any other actions affecting real estate lying wholly in the new county must be delivered by the clerk of the district court of the old county to the clerk of the district court of the new county to be kept and preserved as permanent files of the new county so that only the minutes and other entries in books kept by the clerk of the district court need to be transcribed.

(2) All actions pending in the district court of the old county or counties for the recovery of the possession of quieting title to or the enforcement of liens upon real estate lying wholly in the new county or any other actions affecting real estate lying wholly in the new county must, upon the delivery of the files to the clerk of the district court of the new county as provided in subsection (1), be transferred to the district court in which the new county may be attached for judicial purposes and are subject to the same laws as if the action had been originally brought in the district court of the new county.
Mont. Code Ann. § 7-12-4105 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4105
7-12-4105 Reference to description in resolution of intention sufficient
Status: in_force

7-12-4105 . Reference to description in resolution of intention sufficient. In all resolutions, notices, orders, and determinations subsequent to the resolution of intention and notice of improvements in any and all improvement districts, it shall be sufficient to briefly describe the work or the assessment district, or both, and to refer to the resolution of intention for the description and further particulars.
Mont. Code Ann. § 7-4-4503 — MT Code / Title 7 / Chapter 4 / Part 45 / Section 7-4-4503
7-4-4503 City ordinance book
Status: in_force

7-4-4503 . City ordinance book. The book required by 7-4-4501 (2) is called "The Ordinance Book".
Mont. Code Ann. § 7-13-2210 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2210
7-13-2210 Notice of election
Status: in_force

7-13-2210 . Notice of election. Notice of an election on whether a district should be incorporated must be provided in accordance with 13-1-108 and must include a description of the boundaries established and state the proposed name of the proposed district. The name must contain the words ".... County water and/or sewer district".
Mont. Code Ann. § 7-14-4203 — MT Code / Title 7 / Chapter 14 / Part 42 / Section 7-14-4203
7-14-4203 Determination of damages
Status: in_force

7-14-4203 . Determination of damages. (1) If the council of the city or town and the owner of a building are unable to agree upon the amount of damages from the change of a street grade, the council shall appoint three disinterested freeholders of the city or town to appraise the damages.

(2) The appraisers, after being duly sworn, shall appraise the damage and make a written report, signed by at least a majority of them. One copy must be delivered to the clerk of the city or town to be immediately filed in the clerk's office and another copy must be delivered to the owner of the building. The report must be made and delivered within 10 days after the appointment of the appraisers.
Mont. Code Ann. § 7-5-4304 — MT Code / Title 7 / Chapter 5 / Part 43 / Section 7-5-4304
7-5-4304 Certain contracts to be submitted to voters
Status: in_force

7-5-4304 . Certain contracts to be submitted to voters. A contract may not be let pursuant to 7-5-4302 that extends over a period of 5 years or more, except contracts for solid waste management systems as defined in 75-10-103 , which may not exceed 10 years, or obligations issued pursuant to 7-7-4104 , without first submitting the question to a vote of the electors of the city or town.
Mont. Code Ann. § 7-4-2623 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2623
7-4-2623 Liability of clerk relating to duties as recorder
Status: in_force

7-4-2623 . Liability of clerk relating to duties as recorder. A county clerk is liable to the party aggrieved for three times the amount of the damages that may result and is punishable as provided in this code if the county clerk to whom an instrument is delivered for record:

(1) neglects or refuses to record the instrument within reasonable time after receipt;

(2) falsely records an instrument or records an instrument in any other manner than as directed in this part;

(3) neglects or refuses to keep in the clerk's office indexes that are required by this part or to make the proper entries in the indexes; or

(4) alters, changes, or obliterates any records deposited in the clerk's office or inserts any new matter in the records.
Mont. Code Ann. § 7-2-4303 — MT Code / Title 7 / Chapter 2 / Part 43 / Section 7-2-4303
7-2-4303 Restrictions on annexation power
Status: in_force

7-2-4303 . Restrictions on annexation power. Except as provided in 7-2-4314 (1)(d), land used for industrial, railroad, or manufacturing purposes may not be included in a city or town under the provisions of 7-2-4311 through 7-2-4314 and 7-2-4325 without the written consent of the owners of the land.
Mont. Code Ann. § 7-32-402 — MT Code / Title 7 / Chapter 32 / Part 4 / Section 7-32-402
7-32-402 Military surplus -- public notification
Status: in_force

7-32-402 . Military surplus -- public notification. If a law enforcement agency requests property from a military equipment surplus program, the law enforcement agency shall publish a notice of the request on a publicly accessible website within 14 days after the request.
Mont. Code Ann. § 7-3-433 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-433
7-3-433 Law enforcement officer
Status: in_force

7-3-433 . Law enforcement officer. A law enforcement officer, who may be called the sheriff:

(1) may be elected;

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

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

(4) may be selected as provided by ordinance;

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

(6) may not be included in this form as a separate office.
Mont. Code Ann. § 7-2-4733 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4733
7-2-4733 Vote required on proposed capital improvements
Status: in_force

7-2-4733 . Vote required on proposed capital improvements. The plan required in 7-2-4732 must include a methodology whereby the residents within the area to be annexed may vote on any proposed capital improvements. If less than 50% of the residents in the section or sections to be annexed vote in favor of the annexation, the area may not be annexed. An election pursuant to this section must be conducted as provided in Title 13, chapter 1, part 4.
Mont. Code Ann. § 7-14-2402 — MT Code / Title 7 / Chapter 14 / Part 24 / Section 7-14-2402
7-14-2402 Contracts for county roads
Status: in_force

7-14-2402 . Contracts for county roads. When the estimated cost of opening, establishing, constructing, changing, abandoning, discontinuing, or widening a county road exceeds $1,000, the work may in the discretion of the board be let by contract unless the board shall find that such work may be otherwise done at less cost.
Mont. Code Ann. § 7-15-4506 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4506
7-15-4506 Details relating to bonds
Status: in_force

7-15-4506 . Details relating to bonds. (1) The bonds of the authority shall be authorized by its resolution and shall be issued in one or more series.

(2) The bonds shall bear such date or dates, mature at such time or times (not exceeding 60 years from their respective dates), bear interest at such rate or rates, be in such denominations (which may be made interchangeable), be in such form (either coupon or registered), carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms of redemption (with or without premium) as such resolution or its trust indenture or mortgage may provide.

(3) 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:

(a) covenant as to the bonds to be issued pursuant to any resolution, trust indenture, mortgage, or other instrument; as to the issuance of such bonds in escrow or otherwise; and as to the use and disposition of the proceeds thereof;

(b) covenant as to what other or additional debt may be incurred by it;

(c) provide for the terms, form, registration, exchange, execution, and authentication of bonds;

(d) provide for the replacement of lost, destroyed, or mutilated bonds;

(e) covenant against extending the time for the payment of its bonds or interest thereon, directly or indirectly, by any means or in any manner.
Mont. Code Ann. § 7-14-2406 — MT Code / Title 7 / Chapter 14 / Part 24 / Section 7-14-2406
7-14-2406 Contracts for bridges
Status: in_force

7-14-2406 . Contracts for bridges. (1) All bids for construction or repair of bridges must meet the following requirements:

(a) If the department of transportation has adopted or established a standard plan and specifications, the bids must be submitted on the standard plan and specifications.

(b) All bids must be sealed. Each bidder must meet the requirements of Title 18, chapter 1, part 2.

(2) The board may reject any bids. If a contract is awarded, the board shall award the contract in accordance with the requirements of 18-1-102 and Title 18, chapter 2, part 4. If there is no prevailing rate of wages set by collective bargaining, the board shall determine the prevailing rate to be stated in the contract. The contract must be entered with the unanimous consent of the members of the board.

(3) Before entering upon performance of the work, the contractor shall comply with the requirements of Title 18, chapter 2, part 2. For the purposes of those sections with relation to contracts with the board, a contract may not be completed until the board, while formally convened, affirmatively accepts all of the work under the contract.
Mont. Code Ann. § 7-6-1533 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1533
7-6-1533 Petition to create resort area district
Status: in_force

7-6-1533 . Petition to create resort area district. (1) The qualified electors of a resort area may present, at a regular meeting, a petition requesting the establishment of a resort area district to the board of county commissioners of the county in which the proposed resort area district is located. The petition must be signed by at least 10% of the qualified electors of the resort area.

(2) When the area to be included within the proposed resort area district lies in more than one county, the qualified electors shall present a petition to the board of county commissioners in each county. Each petition must contain the signatures of at least 10% of the qualified electors of that county.

(3) The petition must include a description or map of the existing resort area boundaries. The petition may not describe proposed resort area district boundaries that are different from the existing resort area boundaries designated pursuant to 7-6-1508 .
Mont. Code Ann. § 7-8-2214 — MT Code / Title 7 / Chapter 8 / Part 22 / Section 7-8-2214
7-8-2214 Appraisal required for certain sales
Status: in_force

7-8-2214 . Appraisal required for certain sales. Unless otherwise provided:

(1) in all sales of property of a value in excess of $2,500, there must, before any sale, be an appraisal thereof by the board and at a price representing a fair market value of such property. Such appraised value shall be stated in the notice of sale.

(2) no sale shall be made at public auction or to any school district without public auction of any property unless it has been appraised within 3 months prior to the date of the sale.
Mont. Code Ann. § 7-1-203 — MT Code / Title 7 / Chapter 1 / Part 2 / Section 7-1-203
7-1-203 County commissioners to assume duties of administrative boards, districts, and commissions
Status: in_force

7-1-203 . County commissioners to assume duties of administrative boards, districts, and commissions. (1) If the minimum number of qualified persons is not available for membership on an administrative board, district, or commission, the county commissioners may by resolution, at a public meeting, assume the duties of the administrative board, district, or commission and may act as that board, district, or commission with the same powers and duties as that board, district, or commission.

(2) County commissioners, acting in the capacity of an administrative board, district, or commission may not receive any compensation in addition to their compensation as county commissioners.
Mont. Code Ann. § 7-33-2142 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2142
7-33-2142 Division of district -- petition -- plan for division
Status: in_force

7-33-2142 . Division of district -- petition -- plan for division. (1) (a) A fire district's board of trustees may vote to divide the district upon an affirmative vote of the board and upon receipt of a petition signed by the owners of 40% or more of the real property within the area proposed to be detracted from the original district and owners of property representing 40% or more of the taxable value of property in the area proposed to be detracted from the original district.

(b) The petition must describe the boundaries of the proposed detracted area and the boundaries of the remaining area.

(2) At the time it votes to divide, the board shall adopt a division plan that contains:

(a) a timetable for division, including the effective date, that must be after the time allowed for protests to the division;

(b) the names of the new rural fire districts;

(c) the boundary maps of the new districts;

(d) the estimated financial impact of the division on an owner of a home valued at $100,000; and

(e) a method for the fair and equitable division of the assets and liabilities of the original district among the new districts.

(3) The board of trustees shall forward the plan to the board of county commissioners in the county where the districts are located.

(4) Within 21 days of receipt of the plan, the board of county commissioners shall set a date for a public hearing on the division and shall give notice of the hearing as provided in 7-1-2121 or as provided in 7-1-4127 if any part of the proposed detracted area is within the limits of an incorporated city or town.
Mont. Code Ann. § 7-34-2120 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2120
7-34-2120 Compensation of trustees
Status: in_force

7-34-2120 . Compensation of trustees. The trustees shall serve without pay.
Mont. Code Ann. § 7-15-4407 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4407
7-15-4407 Criteria for determining if unsafe or unsanitary dwelling accommodations exist
Status: in_force

7-15-4407 . Criteria for determining if unsafe or unsanitary dwelling accommodations exist. In determining whether dwelling accommodations are unsafe or unsanitary, the council shall take into consideration the following:

(1) the physical condition and age of the buildings;

(2) the degree of overcrowding;

(3) the percentage of land coverage;

(4) the light and air available to the inhabitants of such dwelling accommodations;

(5) the size and arrangement of the rooms;

(6) the sanitary facilities; and

(7) the extent to which conditions exist in such buildings which endanger life or property by fire or other causes.
Mont. Code Ann. § 7-3-1209 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1209
7-3-1209 Resolution declaring creation of consolidated government
Status: in_force

7-3-1209 . Resolution declaring creation of consolidated government. (1) At the first meeting of the commission whose members are first elected under the provisions of this part, the commission shall adopt a resolution reciting the filing of the petition provided for in 7-3-1204 , the ordering and holding of an election as requested in the petition, the result of the election and the holding of an election for and the election of the members of the first commission, and the name and designation of the consolidated municipality. This resolution must be in duplicate and signed by all of the members of the commission and also entered at length on the journal of the commission. One copy of the resolution must be filed in the office of the clerk of the commission, and the other copy must be transmitted to and filed in the office of the secretary of state.

(2) Immediately upon the adoption of the resolution by the commission, the separate corporate existence of the county and of each city and town therein is considered to be consolidated and merged into one municipal corporation under the name selected, designated, and adopted as provided in this part, and the consolidated municipality is considered to have succeeded to and to possess and own all of the property and assets of every kind and description and shall, except as otherwise provided, become responsible for all of the obligations and liabilities of the county, cities, and towns consolidated and merged.
Mont. Code Ann. § 7-32-4101 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4101
7-32-4101 Police department authorized and required -- requirements for county sheriff services -- charge for local law enforcement services -- dispute resolution -- definition
Status: in_force

7-32-4101 . Police department authorized and required -- requirements for county sheriff services -- charge for local law enforcement services -- dispute resolution -- definition. (1) Unless otherwise provided in subsection (2), there must be in every city and town of this state a police department that must be organized, managed, and controlled as provided in this part.

(2) A third-class city or a town of this state may enter into a contract or interlocal agreement, in whole or in part, with a state-recognized local law enforcement agency within the third-class city or town's county to satisfy the requirement in subsection (1).

(3) The sheriff of the county where a city or town is located shall provide law enforcement services, as provided by law, within that city or town if that city or town does not maintain a police department and does not have an agreement as provided in subsection (2). A city or town receiving law enforcement services by the county sheriff as provided in this subsection (3) is required to pay for the law enforcement services.

(4) If a city or town and the county, the sheriff of which is required to provide law enforcement services to the city or town, as provided in subsection (3), are unable to come to an agreement as to the price to pay for law enforcement services, the city or town or the county shall request the local government center at Montana state university to moderate a discussion between the local governing body of the city or town and the county after 30 days of the municipality not having law enforcement services. If an agreement cannot be made within 30 days of the moderated meeting as to the price to pay for law enforcement services provided in subsection (3), the parties shall submit the matter to binding arbitration, with an arbitrator mutually agreed on by the parties, which shall determine a fair price to be paid by the city or town to the county for the sheriff providing law enforcement services. The agreement issued through binding arbitration may not be in effect longer than 2 years.

(5) All costs incurred by the local government center in subsection (4) must be equally shared between the county and the city or town.

(6) For the purposes of this section, "sheriff" means an elected or appointed county sheriff or the sheriff's designee.
Mont. Code Ann. § 7-32-2110 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2110
7-32-2110 Reinstatement of deputy sheriff
Status: in_force

7-32-2110 . Reinstatement of deputy sheriff. In the event that a termination is reversed or modified, the deputy must be reinstated as a deputy sheriff at the same salary received by the deputy prior to the discharge or termination of employment. The deputy is also entitled to rights that might have accrued to the deputy's benefit prior to the discharge or termination of employment, including the salary that the deputy would have received but for the termination.
Mont. Code Ann. § 7-3-161 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-161
7-3-161 Organization of new governing body
Status: in_force

7-3-161 . Organization of new governing body. (1) The first meeting of a new governing body for a different form of government must be held at 10 a.m., 60 days after the election of the new officers. At that time, newly elected officers shall take the oath of office prior to assuming the duties of office.

(2) If the terms of the commissioners are to be overlapping, newly elected commissioners shall draw lots to establish their respective terms of office.
Mont. Code Ann. § 7-13-4402 — MT Code / Title 7 / Chapter 13 / Part 44 / Section 7-13-4402
7-13-4402 Obtaining municipal water supply
Status: in_force

7-13-4402 . Obtaining municipal water supply. The city or town council has power to adopt, enter into, and carry out means for securing a supply of water for the use of a city or town or its inhabitants.
Mont. Code Ann. § 7-3-155 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-155
7-3-155 Three-year moratorium
Status: in_force

7-3-155 . Three-year moratorium. (1) Unless the constitution requires otherwise, an election on the question of changing the form of local government, charter, or consolidation plan may not be conducted again for 3 years.

(2) For the purposes of this section, general election dates are considered to be 1 year apart and may be used in computing the 3-year moratorium. An election on the question of changing an alternative form of a unit of local government may not be challenged as failing to conform with the moratorium provisions of this section because 3 full calendar years may not have elapsed.
Mont. Code Ann. § 7-3-313 — MT Code / Title 7 / Chapter 3 / Part 3 / Section 7-3-313
7-3-313 Selection of commission members
Status: in_force

7-3-313 . Selection of commission members. The commission shall be:

(1) elected at large;

(2) elected by districts in which candidates must reside and which are apportioned by population;

(3) elected at large and nominated by a plan of nomination that may not preclude the possibility of the majority of the electors nominating candidates for the majority of the seats on the commission from persons residing in the district or districts where the majority of the electors reside; or

(4) elected by any combination of districts, in which candidates must reside and which are apportioned by population, and at large.
Mont. Code Ann. § 7-2-2401 — MT Code / Title 7 / Chapter 2 / Part 24 / Section 7-2-2401
7-2-2401 Transfer of certain records
Status: in_force

7-2-2401 . Transfer of certain records. (1) Any new county shall be entitled to all records, maps, plats, and charts of any old county, any part of whose territory is included in such new county, which records, maps, plats, or charts relate to the classification of lands for taxation purposes and apply exclusively to territory included in such new county. Such records, maps, plats, and charts shall be delivered by the officer or board of such old county to the corresponding officer or board of such new county upon proper receipt therefor and shall be made and become a part of the records of such new county, to all intents and purposes the same as if such records, maps, plats, and charts had been originally prepared and made by such new county.

(2) If any portion of the cost of preparing such records, maps, plats, or charts remains unpaid, said new county shall pay its proportionate share of such cost as may be determined by the board of commissioners of the old county.
Mont. Code Ann. § 7-15-4456 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4456
7-15-4456 Low-rent housing for the elderly
Status: in_force

7-15-4456 . Low-rent housing for the elderly. (1) For the purpose of increasing the supply of low-rent housing for elderly families, an authority may develop, construct, and operate new housing or acquire, remodel, and operate existing housing in order to provide accommodations designed specifically for such elderly families.

(2) Notwithstanding the provisions of this or any other law, an authority, in respect to dwelling units suitable to the needs of elderly families, may extend a prior preference in occupancy to such elderly families.
Mont. Code Ann. § 7-34-2164 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2164
7-34-2164 Effect of dissolution
Status: in_force

7-34-2164 . Effect of dissolution. The order of dissolution shall be filed of record, and the dissolution shall be effective for all purposes 6 months after the date of filing said order of dissolution, provided that at or before such time the board of trustees of said district certifies to the board of county commissioners that all debts and obligations of the district have been paid, discharged, or irrevocably settled, together with legal proof thereof. Any assets of the district remaining after all debts and obligations of the district have been paid, discharged, or irrevocably settled shall become the property of the county.
Mont. Code Ann. § 7-21-2117 — MT Code / Title 7 / Chapter 21 / Part 21 / Section 7-21-2117
7-21-2117 Defenses in actions related to licensing violations
Status: in_force

7-21-2117 . Defenses in actions related to licensing violations. Upon the trial of any action authorized by this part, the defendant is considered not to have procured the proper license unless the defendant either produces it or proves that the license was procured. However, the defendant may plead in bar of the action a recovery against and payment by the defendant in a civil action of the proper license tax, together with damages and costs.
Mont. Code Ann. § 7-3-514 — MT Code / Title 7 / Chapter 3 / Part 5 / Section 7-3-514
7-3-514 Administrative assistants
Status: in_force

7-3-514 . Administrative assistants. The commission presiding officer:

(1) shall appoint one or more administrative assistants to assist in the supervision and operation of the local government, and the administrative assistants are answerable solely to the presiding officer; or

(2) may appoint one or more administrative assistants to assist in the supervision and operation of the local government, and the administrative assistants are answerable solely to the presiding officer.
Mont. Code Ann. § 7-7-4604 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4604
7-7-4604 Interpretation of part
Status: in_force

7-7-4604 . Interpretation of part. Nothing in this part shall in any way be deemed to:

(1) alter the terms of any agreements made with the holders of any outstanding notes, bonds, or other obligations of the municipality;

(2) authorize the municipality to alter the terms of any such agreements;

(3) impair or authorize the municipality to impair the rights and remedies of any creditors of the municipality;

(4) authorize any municipality to do anything in any manner or for any purpose which would result in the creation or incurring of a debt or indebtedness or the issuance of any instrument which would constitute a bond or debt within the meaning of any provision, limitation, or restriction of the constitution relating to the creation or incurring of a debt or indebtedness or the issuance of an instrument constituting a debt.
Mont. Code Ann. § 7-13-123 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-123
7-13-123 Restriction on assessments following change of boundaries
Status: in_force

7-13-123 . Restriction on assessments following change of boundaries. Nothing in 7-13-113 , however, shall permit the assessment of the cost of any such system against the lands remaining in the district after any such boundary change at a rate per square foot higher than the rate per square foot which would have been so assessed if the entire cost of the improvements as estimated in the resolution of intention had been assessed against each lot and parcel of land included within the boundaries of the district as described in said resolution of intention unless a new resolution of intention to recreate the district is adopted and a hearing held thereon upon notice as required for the original resolution of intention.
Mont. Code Ann. § 7-12-1132 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1132
7-12-1132 Annual budget and work plan -- approval -- procedure -- tax
Status: in_force

7-12-1132 . Annual budget and work plan -- approval -- procedure -- tax. (1) At a time determined by the governing body, the board shall submit to the governing body for approval a work plan and budget for the ensuing fiscal year.

(2) A board created for the purpose of 7-12-1102 (4) in a municipality or county where a nonprofit convention and visitors bureau, as defined in 15-65-101 , is operating shall consult with the nonprofit convention and visitors bureau in developing a work plan and budget for the ensuing fiscal year.

(3) Following public notice that a work plan and budget have been submitted and that the governing body will levy an assessment to defray the cost of the work plan and budget, the governing body shall hold a public hearing on objections to the work plan and budget. After the hearing, the governing body may modify the work plan and budget as it considers necessary and appropriate.

(4) After approval of the work plan and budget and to defray the cost of the work plan and budget for the next fiscal year, the governing body shall by resolution levy an assessment upon all of the property in the district using as a basis one of the methods prescribed in 7-12-1133 .

(5) A copy of the resolution must be delivered to the treasurer of the local government to be placed on the tax roll and collected in the same manner as other taxes.
Mont. Code Ann. § 7-14-4301 — MT Code / Title 7 / Chapter 14 / Part 43 / Section 7-14-4301
7-14-4301 Regulation of railways
Status: in_force

7-14-4301 . Regulation of railways. (1) The city or town council may grant the right-of-way through the streets, avenues, and other property of a city or town for the purpose of street or other railroads, to regulate the running and management of the railroads and to compel the owner of a street or other railroad to keep the street in repair when occupied by the street or other railroad, to regulate the speed of railroad engines, and to require railroad companies to station flag persons at street crossings.

(2) The city or town council may regulate and control the laying of railroad tracks and may prohibit the use of engines and locomotives or regulate the speed of engines and locomotives.
Mont. Code Ann. § 7-4-2109 — MT Code / Title 7 / Chapter 4 / Part 21 / Section 7-4-2109
7-4-2109 Presiding officer of board
Status: in_force

7-4-2109 . Presiding officer of board. The board of county commissioners must elect one of its members presiding officer. The presiding officer shall preside at all meetings of the board, and in case of the presiding officer's absence or inability to act, the members present shall select one of their number to act temporarily as presiding officer.
Mont. Code Ann. § 7-15-2110 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2110
7-15-2110 Presumption of regularity in creation of county housing authority
Status: in_force

7-15-2110 . Presumption of regularity in creation of county housing authority. (1) In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have been established in accordance with the provisions of this part upon proof of the issuance of the aforesaid certificate by the secretary of state.

(2) A copy of such certificate, duly certified by the secretary of state, shall be admissible in evidence in any such suit, action, or proceeding and shall be conclusive proof of the filing and contents thereof.
Mont. Code Ann. § 7-3-604 — MT Code / Title 7 / Chapter 3 / Part 6 / Section 7-3-604
7-3-604 Meeting agenda
Status: in_force

7-3-604 . Meeting agenda. An agenda of the town meeting and a list of all elective and appointive offices to be filled must be prepared by the town presiding officer, who shall publish the notice as provided in 7-1-4127 . Upon written petition of at least 10% of the qualified electors of the town but not less than 10 qualified electors, the town presiding officer shall insert a particular item or items in the agenda for the next annual or special town meeting. The town meeting agenda may include an item entitled "other business" under which any matter may be considered by the town meeting, except any matter dealing with finance or taxation may not be considered under "other business".
Mont. Code Ann. § 7-32-4108 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4108
7-32-4108 Appointment to police force
Status: in_force

7-32-4108 . Appointment to police force. All appointments to the police force must be made by the mayor or, in those cities operating under the commission-manager plan, by the manager and must be confirmed by the city council or commission. An appointment may not be made until:

(1) an application for a position on the police force has been filed with the mayor or, in those cities operating under the commission-manager plan, with the manager and referred to the police commission, when a commission exists; and

(2) the applicant has successfully passed the examination required to be held by the police commission and a certificate from the police commission that the applicant has qualified for the appointment has been filed with the mayor or, in those cities operating under the commission-manager plan with the manager.
Mont. Code Ann. § 7-6-4602 — MT Code / Title 7 / Chapter 6 / Part 46 / Section 7-6-4602
7-6-4602 Interest rate on deposited public money
Status: in_force

7-6-4602 . Interest rate on deposited public money. Public money deposited pursuant to 7-6-4601 shall bear interest at a rate no less than the rate of interest paid on money from private sources on the same terms.
Mont. Code Ann. § 7-7-2211 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2211
7-7-2211 Serial bonds
Status: in_force

7-7-2211 . Serial bonds. The term "serial bonds", as used in this part, means a bond issue payable in annual installments of principal commencing not more than 2 years from the date of issue, any one installment consisting of one or more bonds, with the principal amount of bonds maturing or subject to mandatory sinking fund redemption in each installment, commencing with the installment payable in the fourth year after the date of issue, not exceeding three times the principal amount of the bonds payable in the immediately preceding installment.
Mont. Code Ann. § 7-7-4606 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4606
7-7-4606 Nature of refunding revenue bonds
Status: in_force

7-7-4606 . Nature of refunding revenue bonds. (1) No recourse shall be had for the payment of the refunding bonds, interest thereon, or any part thereof against the general fund of any municipality, nor shall the credit or taxing power of any municipality be deemed to be pledged thereto.

(2) The refunding bonds and interest thereon shall not be a debt of the municipality or a charge, lien, or encumbrance, legal or equitable, upon any property of the municipality or upon any income, receipts, or revenues of the municipality, other than such of the revenues of the enterprise as shall have been pledged to the payment thereof. Every refunding bond shall recite in substance that said bond, including interest thereon, is payable solely from the revenues pledged to the payment thereof and that the municipality is under no obligation to pay the same except from said revenues.
Mont. Code Ann. § 7-6-4012 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4012
7-6-4012 Fee based budgets -- adjustable appropriation
Status: in_force

7-6-4012 . Fee based budgets -- adjustable appropriation. (1) In its final budget resolution, the governing body may authorize adjustments to appropriations funded by fees throughout the budget period. Adjustable appropriations are:

(a) proprietary fund appropriations; or

(b) other appropriations specifically identified in the local government's final budget resolution as fee-based appropriations.

(2) Adjustments of fee-based appropriations must be:

(a) based upon the cost of providing the services supported by the fee; and

(b) fully funded by the related fees for services, fund reserves, or nonfee revenue such as interest.
Mont. Code Ann. § 7-16-4212 — MT Code / Title 7 / Chapter 16 / Part 42 / Section 7-16-4212
7-16-4212 Control of conflict of interest
Status: in_force

7-16-4212 . Control of conflict of interest. No park commissioner shall be interested in any contract made by the board or by its authority or in the furnishing of any supplies for the use of the board.
Mont. Code Ann. § 7-3-4267 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4267
7-3-4267 Revision of appropriations made by former council
Status: in_force

7-3-4267 . Revision of appropriations made by former council. If, at the beginning of the term of office of the first council elected in such city under the provisions of this part, the appropriations for the expenditures of the city government for the current fiscal year have been made, said council shall have power, by ordinance, to revise, repeal, or change said appropriations and to make additional appropriations.
Mont. Code Ann. § 7-13-3012 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3012
7-13-3012 Governing body to administer district
Status: in_force

7-13-3012 . Governing body to administer district. (1) The members of the governing body are ex officio commissioners of the district formed under the provisions of this part and have jurisdiction over the system within the district. The governing body is responsible for the proper functioning and maintenance of the system.

(2) The governing body is responsible for the condition and maintenance of all publicly owned roads, streets, alleys, land, parks, or other thoroughfares within the boundaries of the district affected by the construction or maintenance of the structures under control and jurisdiction of the district.
Mont. Code Ann. § 7-34-2112 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2112
7-34-2112 Ballot form
Status: in_force

7-34-2112 . Ballot form. At the election on the creation of a district, the ballot must contain the words "Hospital district -- Yes" and "Hospital district -- No".
Mont. Code Ann. § 7-15-4293 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4293
7-15-4293 Adjustment of base taxable value following change of law or local disaster
Status: in_force

7-15-4293 . Adjustment of base taxable value following change of law or local disaster. (1) If the base taxable value of an urban renewal area or targeted economic development district is affected after its original determination by a statutory, administrative, or judicial change in the method of appraising property, the tax rate applied to it, the tax exemption status of property, or the taxable valuation of property if the change in taxable valuation is based on conditions existing at the time the base year was established, the local government may request the department of revenue to estimate the base taxable value so that the tax increment resulting from the increased incremental value is sufficient to pay all principal and interest on the bonds as those payments become due.

(2) If a tax increment financing district created after January 1, 2002, has not issued bonds, the governing body of a local government may request the department of revenue to adjust the base taxable value to account for a loss of taxable revenue resulting from the state granting property in the area or district tax-exempt status within the first year of creation of the tax increment financing district. The local government shall give notice of and hold a public hearing on the proposed change.

(3) (a) If an urban renewal area or targeted economic development district suffers a loss of property value directly related to a disaster for which the principal executive officer of the local jurisdiction has made a disaster declaration pursuant to 10-3-402 , the department of revenue shall decrease the base taxable value of the area or district by the amount of the base taxable value lost because of the disaster in the tax year in which the disaster is declared. The principal executive officer shall forward a copy of the disaster declaration to the department of revenue.

(b) The taxable value removed from the base taxable value of the area or district under subsection (3)(a) must be added to the base taxable value of the area or district upon reconstruction of the property in the tax year of reconstruction. If reconstruction of the property is only partially completed as of January 1 of the tax year, the department of revenue shall determine the base taxable value of the property for that tax year by multiplying the percentage of completion, expressed as a decimal equivalent, of reconstruction of the property by the original base taxable value of the property. The addition to the base taxable value under this subsection (3)(b) is limited to the amount of the original base taxable value of each parcel before the disaster occurred.
Mont. Code Ann. § 7-13-4510 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4510
7-13-4510 Hearing on protest
Status: in_force

7-13-4510 . Hearing on protest. (1) At the next regular meeting of the commissioners after the expiration of the time period provided for in 7-13-4509 , the commissioners shall hear and decide upon all protests.

(2) The commissioners may adjourn the hearing as necessary.
Mont. Code Ann. § 7-2-101 — MT Code / Title 7 / Chapter 2 / Part 1 / Section 7-2-101
7-2-101 Transcript of records upon alteration of boundary of local government
Status: in_force

7-2-101 . Transcript of records upon alteration of boundary of local government. When a territory is detached from any county, city, or town in this state and annexed to any other county, city, or town:

(1) it is the duty of the proper officer of the county, city, or town to which the territory is annexed to demand from the proper officer of the county, city, or town having custody of the public records of the territory a transcript of all public records pertaining to the territory; and

(2) it is the duty of the officer from whom the records are demanded to furnish the authenticated transcripts of all records in that office, which must be paid for, after the records are furnished, by the county, city, or town to which the territory is annexed.
Mont. Code Ann. § 7-8-2102 — MT Code / Title 7 / Chapter 8 / Part 21 / Section 7-8-2102
7-8-2102 Erection and maintenance of county buildings
Status: in_force

7-8-2102 . Erection and maintenance of county buildings. The board of county commissioners has jurisdiction and power, under the limitations and restrictions prescribed by law, to erect, furnish, equip, expand, improve, and maintain a courthouse, jail, health care facility, civic center, youth center, park buildings, museums, recreation centers, and any combination of those buildings and any other public buildings as may be necessary.
Mont. Code Ann. § 7-5-2123 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2123
7-5-2123 Publication of board proceedings and annual financial statement
Status: in_force

7-5-2123 . Publication of board proceedings and annual financial statement. (1) (a) The board of county commissioners has jurisdiction and power, under the limitations and restrictions prescribed by law, to publish in a newspaper at the adjournment of each session of the board, in full and complete detail or in summary form or by reference, with the full and complete text made available on request, a complete list of all claims ordered paid for all purposes, showing the name, purpose, and amount, and a fair summary of the minutes and records of all of its proceedings.

(b) The board may publish the county clerk's annual statement of the financial condition of the county, in full and complete detail or in summary form. If the board does not publish the annual statement in complete detail or in summary form, it shall publish a notice that the annual statement is available and will be provided upon request from the county clerk.

(2) Publication in full, in summary, or by reference of the minutes and records of proceedings must be made within 21 days after the adjournment of the session. Publication of the financial statement or notice of the availability of the financial statement must be made within 30 days after the presentation of the financial statement to the board. The board may not allow or order paid any claim for any publication of minutes and records of proceedings or annual financial statement unless the publication is made within the time prescribed in this subsection.
Mont. Code Ann. § 7-1-4148 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4148
7-1-4148 Penalty
Status: in_force

7-1-4148 . Penalty. When a municipality is required by state law to provide information to a state agency and fails to provide the required information, the department of administration may issue an order stopping payment of any state financial aid to the municipality. Upon provision of the information, all financial aid that was stopped because of failure to provide the information must be paid to the municipality.
Mont. Code Ann. § 7-2-2507 — MT Code / Title 7 / Chapter 2 / Part 25 / Section 7-2-2507
7-2-2507 Transmittal to secretary of state of order to change name
Status: in_force

7-2-2507 . Transmittal to secretary of state of order to change name. (1) Immediately upon the rendition of any decree changing the name of a county as provided in this part, the clerk of the district court of said county shall transmit, by registered or certified mail, a certified copy of said decree, showing the date of its rendition, to the secretary of state of Montana.

(2) The secretary of state shall file the same and record the same in an appropriate book.
Mont. Code Ann. § 7-3-601 — MT Code / Title 7 / Chapter 3 / Part 6 / Section 7-3-601
7-3-601 Town meeting form
Status: in_force

7-3-601 . Town meeting form. (1) The town meeting form consists of an assembly of the qualified electors of a town, known as a "town meeting", an elected town presiding officer, who must be a qualified elector, and an optional elected town meeting moderator.

(2) The town meeting form may be adopted only by incorporated cities of less than 2,000 persons and incorporated towns of less than 2,000 persons, as determined by the most recent decennial census as conducted by the United States bureau of the census unless a more recent enumeration of inhabitants is made by the state, in which case that enumeration must be used for the purposes of this part. A unit of local government that adopts this form may retain it even though its population increases to more than 2,000.

(3) All legislative powers of the town vest in the town meeting. The town meeting may enact rules, resolutions, and ordinances.
Mont. Code Ann. § 7-13-2275 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2275
7-13-2275 Procedure relating to ordinances and resolutions -- rates, fees, and charges established
Status: in_force

7-13-2275 . Procedure relating to ordinances and resolutions -- rates, fees, and charges established. (1) The ayes and noes must be taken upon the passage of all ordinances or resolutions and entered upon the journal of the proceedings of the board of directors. An ordinance or resolution may not be passed or become effective without the affirmative votes of at least a majority of the total members of the board.

(2) The enacting clause of all ordinances passed by the board must be in these words: "Be it ordained by the board of directors of _______ district as follows:"

(3) All resolutions and ordinances must be signed by the president of the board and attested by the secretary.

(4) (a) Except as provided in subsections (5) and (6), prior to the passage or enactment of an ordinance or resolution imposing, establishing, changing, or increasing rates, fees, or charges for services or facilities, the board shall order a public hearing.

(b) Notice of the public hearing must be published as provided in 7-1-2121 . The published notice must contain:

(i) the date, time, and place of the hearing;

(ii) a brief statement of the proposed action; and

(iii) the address and telephone number of a person who may be contacted for further information regarding the hearing.

(c) The notice must also be mailed to all persons who own property in the district and to all customers of the district at least 7 days and not more than 30 days prior to the public hearing. The mailed notice must contain an estimate of the amount that the property owner or customer will be charged under the proposed ordinance or resolution.

(d) The county or counties with territory included in the district shall provide to the district a list that includes the addresses of all persons who own property in the district pursuant to the notice requirements provided in subsection (4)(c). The county or counties may assess the district a fee not to exceed a total of $50 for the development and distribution of the list provided for in this subsection (4)(d).

(e) Any interested person, corporation, or company may be present, represented by counsel, and testify at the hearing.

(f) The hearing may be continued by the board as necessary. After the public hearing, the board may, by resolution, impose, establish, change, or increase rates, fees, or charges.

(5) A public hearing is not required for a cumulative rate increase of less than or equal to 5% within a 12-month period if the board provides notification of the increase to persons within the district on whom the rate will be imposed at least 10 days prior to the passage or enactment of the ordinance or resolution implementing the increase.

(6) (a) If the establishment of or change in rates, fees, or charges proposed by a regional authority requires the authority to hold a public hearing pursuant to 75-6-326 and requires an increase to the rates, fees, or charges imposed by the district greater than the increase provided in subsection (5) of this section, the board shall:

(i) mail notice of the public hearing to be held by the authority to all customers of the district system at least 15 days prior to the public hearing; and

(ii) provide notification of the change to customers of the district system on whom the increased rates, fees, or charges will be imposed at least 10 days prior to the passage or enactment of the ordinance or resolution implementing the increase.

(b) The district is not required to hold a public hearing on the increase.
Mont. Code Ann. § 7-16-2325 — MT Code / Title 7 / Chapter 16 / Part 23 / Section 7-16-2325
7-16-2325 Power of park board to employ persons and to make contracts
Status: in_force

7-16-2325 . Power of park board to employ persons and to make contracts. (1) A county park board may:

(a) employ and discharge workers, laborers, engineers, foresters, and others and fix their compensation;

(b) make all contracts necessary or convenient for carrying out any of the powers conferred and duties enjoined upon the board by this part.

(2) All contracts made by the board must be in the name of the county and must be signed by the president or, in the president's absence, by the vice president of the board. Upon approval by a majority of the members of the board of park commissioners at a regular meeting of the board at which a quorum is in attendance and voting and with notice and report being made to the board of county commissioners, the contracts may be signed by the presiding officer of the board of county commissioners and attested by the county clerk and recorder.

(3) An order or resolution authorizing the making of a contract may not be passed or adopted except by a yea and nay vote, which must be recorded in full in the minutes of the secretary.
Mont. Code Ann. § 7-34-2201 — MT Code / Title 7 / Chapter 34 / Part 22 / Section 7-34-2201
7-34-2201 Erection and management of county health care facilities -- definition -- provision of health care services
Status: in_force

7-34-2201 . Erection and management of county health care facilities -- definition -- provision of health care services. (1) The board of county commissioners has jurisdiction and power, under the limitations and restrictions prescribed by law, to erect, furnish, equip, expand, improve, and maintain health care facilities and to provide health care services in those facilities as permitted by law.

(2) The board of county commissioners of a county that has or may acquire title to a site and building or buildings suitable for county health care purposes has jurisdiction and power, under the limitations and restrictions prescribed by law, to erect, furnish, equip, expand, improve, maintain, and operate the building or buildings for health care purposes as provided by this section.

(3) As used in parts 21 and 23 through 25 and this part, unless the context clearly requires otherwise, the term "health care facility" means a hospital, a critical access hospital, a hospice, an end-stage renal dialysis facility, an outpatient center for surgical services, an outpatient center for primary care, a rehabilitation facility, a long-term care facility, or an adult day-care center, as defined in 50-5-101 , a public health center, as defined in 7-34-2102 , or any combination and related medical facilities, including offices for physicians or other health care professionals providing outpatient, rehabilitative, emergency, nursing, or preventive care.
Mont. Code Ann. § 7-7-4430 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4430
7-7-4430 Presumptions of validity of bonds
Status: in_force

7-7-4430 . Presumptions of validity of bonds. (1) Said bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor, any or all the persons whose signatures appear thereon shall have ceased to be officers of the municipality issuing the same.

(2) The validity of said bonds shall not be dependent on or affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the undertaking for which said bonds are issued.

(3) The resolution authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to this part, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
Mont. Code Ann. § 7-3-515 — MT Code / Title 7 / Chapter 3 / Part 5 / Section 7-3-515
7-3-515 Terms of commission members
Status: in_force

7-3-515 . Terms of commission members. Commission members shall be elected for:

(1) concurrent terms of office; or

(2) overlapping terms of office.
Mont. Code Ann. § 7-7-4270 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4270
7-7-4270 Authority to buy outstanding bonds
Status: in_force

7-7-4270 . Authority to buy outstanding bonds. Whenever there is available money in any sinking fund over and above the amount required for payment of principal and interest becoming due on the next interest payment date and sufficient to pay and redeem one or more outstanding bonds of the issue or series to which the sinking fund belongs and whenever such bonds are not held by the state and are not subject to redemption, the city treasurer or town clerk, at the direction of the city or town council, shall purchase such bonds if this can be done at not more than par and accrued interest or at such reasonable premium as the council may feel justified in paying, not, in any case, exceeding 5%.
Mont. Code Ann. § 7-35-2142 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2142
7-35-2142 Effect of failure of district to make application for trustees or of disability of all members of board of trustees of fund
Status: in_force

7-35-2142 . Effect of failure of district to make application for trustees or of disability of all members of board of trustees of fund. (1) In the case of the failure of the trustees of such public cemetery district to make application to the judge of said district court for the appointment of a board of trustees of such fund as provided in 7-35-2132 or in the case of the death, removal, resignation, or disability of all the members of such board, the said rights, titles, interests, authorities, powers, franchises, and trusts of such fund shall vest in the district court of the county in which such cemetery or the greater part thereof shall be situated until the appointment and qualification of a new board of trustees. In such cases, such trustee or such board of trustees of such fund shall be appointed by the district court of said county upon application of any person interested and upon notice of other persons interested, as the judge of said court may order.

(2) The trustee or trustees appointed by the judge of said court under the provisions of this section shall have the same rights, powers, authorities, and franchises as the trustee or trustees appointed under 7-35-2131 through 7-35-2150 . Such trustee or such board of trustees must annually, or more often if so required by order of such court, file in the office of the clerk of the district court of the county where such cemetery is situated a duly verified account showing a detailed statement of all money collected and of all securities on hand, together with all money disbursed during the preceding year. Any interested party may apply to the district court for an order requiring such trustee or such board of trustees to make such an accounting at any time.

(3) Any owner of an interest in any lot in the cemetery cared for by such trust, any trustee of the public cemetery district, and any trustee of the said trust fund shall have the right to make any application to the court provided for in 7-35-2131 through 7-35-2150 .
Mont. Code Ann. § 7-14-4623 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4623
7-14-4623 Transfer of parking commission property to municipality
Status: in_force

7-14-4623 . Transfer of parking commission property to municipality. The legislative body of a city, at any time after the activation of a parking commission, may adopt by a two-thirds vote thereof a resolution transferring the property of the commission to the city. The city may, through such department as it may determine, exercise its powers in regard thereto by virtue of the constitution or this or other general law, but no such transfer shall be made in contravention of any covenant or agreement made with the holders of any revenue bonds of the commission theretofore issued and then outstanding.
Mont. Code Ann. § 7-13-3023 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3023
7-13-3023 Hearing on protest
Status: in_force

7-13-3023 . Hearing on protest. (1) The time for the hearing on protest must be not less than 5 days after the final publication of the notice required by 7-13-126 .

(2) At the time fixed for the hearing, the governing body shall meet and hear all objections and for that purpose may adjourn from day to day. The governing body may by resolution modify the assessment in whole or in part. A copy of the resolution, certified by the clerk of the local government, must be delivered to the local government treasurer within 2 days after its passage.
Mont. Code Ann. § 7-32-2241 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2241
7-32-2241 Definitions
Status: in_force

7-32-2241 . Definitions. As used in this part, the following definitions apply:

(1) "Detention center" means a facility established and maintained by an appropriate entity for the purpose of confining arrested persons or persons sentenced to the detention center.

(2) "Detention center administrator" means the sheriff, chief of police, administrator, superintendent, director, or other individual serving as the chief executive officer of a detention center.

(3) "Detention center staff" means custodial personnel whose duties include ongoing supervision of the inmates in a detention center.

(4) "Inmate" means a person who is confined in a detention center.

(5) "Local government" means a city, town, county, or consolidated city-county government.

(6) "Multijurisdictional detention center" means a detention center established and maintained by two or more local governments for the confinement of persons arrested or sentenced to confinement or a local government detention center contracting to confine persons arrested or sentenced in other local governments.

(7) "Private detention center" means a detention center owned by private industry and leased to or operated under a contract with a local government.
Mont. Code Ann. § 7-7-4273 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4273
7-7-4273 Cancellation of warrants and refunded general obligation bonds
Status: in_force

7-7-4273 . Cancellation of warrants and refunded general obligation bonds. (1) Whenever bonds are issued for the purpose of funding outstanding warrants or refunding outstanding bonds, the city treasurer or town clerk shall, upon taking up such warrants or bonds, cancel the same, keep a record thereof, and deliver the same to the city or town clerk, with a report showing the numbers thereof and the amounts paid for principal and interest.

(2) The city or town clerk shall exhibit such warrants or bonds, with such report, to the city or town council at the next regular meeting thereof.
Mont. Code Ann. § 7-32-2133 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2133
7-32-2133 Qualifications for election or appointment to office of sheriff
Status: in_force

7-32-2133 . Qualifications for election or appointment to office of sheriff. (1) In addition to meeting the qualifications for county office provided in 7-4-2201 , a person is not eligible for the position of sheriff at the time of election or appointment unless the individual:

(a) is a high school graduate or has been issued a high school equivalency diploma by the superintendent of public instruction or by an appropriate issuing agency of another state or of the federal government;

(b) is at least 18 years of age;

(c) is a United States citizen;

(d) possesses or is eligible to possess a valid Montana driver's license;

(e) has not been convicted of a crime for which the person could have been imprisoned in a federal or state penitentiary; and

(f) is eligible to receive and disseminate criminal justice information through the criminal justice information network as defined in 44-2-301 .

(2) An elected or appointed sheriff who fails to obtain access to the criminal justice information network as required in subsection (1)(f) forfeits office for failure to satisfactorily meet the qualifications required of a sheriff.
Mont. Code Ann. § 7-34-102 — MT Code / Title 7 / Chapter 34 / Part 1 / Section 7-34-102
7-34-102 Ambulance service mill levy permitted
Status: in_force

7-34-102 . Ambulance service mill levy permitted. Subject to 15-10-420 and in addition to all other levies authorized by law, each county, city, or town may levy an annual tax on the taxable value of all taxable property within the county, city, or town to defray the costs incurred in providing ambulance service. These costs may include workers' compensation coverage for emergency care providers on volunteer duty with the ambulance service or members of a paid or volunteer nontransporting medical unit defined in 50-6-302 .
Mont. Code Ann. § 7-32-2226 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2226
7-32-2226 Operation of county jail work program
Status: in_force

7-32-2226 . Operation of county jail work program. (1) If a county establishes a county jail work program, it must be authorized by the board of county commissioners and supervised by the county sheriff. The sheriff may permit persons eligible under the provisions of 7-32-2227 to work on public projects as designated by the board of county commissioners. Upon a request of a federal or state agency, city government, or nonprofit corporation and upon mutually agreeable terms or on their own action for county projects, the board of county commissioners may designate projects as public projects for purposes of this section. A person participating in a county jail work program may not:

(a) have the person's labor or other work contracted out to a private party;

(b) be required to do labor or other work that furthers the private interests of a government employee or official;

(c) be permitted or required to do labor or other work that relates to anything other than public projects, public services, or other public matters;

(d) be used to displace any regular government employee;

(e) perform the duties of any vacant government position; or

(f) work on any construction or reconstruction project.

(2) A county may not reduce its current workforce in order to transfer the duties of a reduction to persons participating in a county jail work program.

(3) A person participating in a county work program may not be physically confined in the county jail during the course of the person's participation. The person may not be required to perform county work in excess of 8 hours each calendar day. Each calendar day in which a person has participated in a county jail work program is 2 days of incarceration for the purposes of serving a sentence of imprisonment.

(4) The sheriff, in conjunction with the board of county commissioners, shall establish a written policy on how jail inmates may volunteer for participation in the county work program and what criteria the sheriff shall use to choose volunteers if there are more eligible persons volunteering than are needed in the program.

(5) In order to ensure public safety, the sheriff may deny a person permission to participate in the program and may revoke a person's permission to participate at any time.

(6) A person participating in a program is under official detention as that term is used in defining the crime of escape in 45-7-306 . An unexcused failure to appear for work at a time and place scheduled for participation in a program constitutes the offense of escape.

(7) Weed management, as defined in 7-22-2101 , whether on public or private land, and other maintenance projects authorized by a board of county commissioners are county projects for purposes of 7-32-2225 through 7-32-2227 .
Mont. Code Ann. § 7-21-3201 — MT Code / Title 7 / Chapter 21 / Part 32 / Section 7-21-3201
7-21-3201 Authorization to appropriate money for promotion of county products
Status: in_force

7-21-3201 . Authorization to appropriate money for promotion of county products. (1) The board of county commissioners of any county may appropriate money from the general fund of the county for advertising the agricultural resources of the county through the department of agriculture or for assisting the department of agriculture in presenting exhibits of Montana products at fairs or expositions outside the state.

(2) Said money shall be expended in such manner as the board may direct or may be transmitted to the department of agriculture, when such appropriation is for the purpose of assisting said department in advertising the resources or presenting the exhibits herein indicated.
Mont. Code Ann. § 7-13-2327 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2327
7-13-2327 Entry of bond election results
Status: in_force

7-13-2327 . Entry of bond election results. The secretary of the board of directors, as soon as the result is declared, shall enter in the records of such board a statement of such results.
Mont. Code Ann. § 7-13-2217 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2217
7-13-2217 General powers of water and/or sewer district
Status: in_force

7-13-2217 . General powers of water and/or sewer district. (1) Any district incorporated as provided in this part and part 23 shall have power to:

(a) have perpetual succession;

(b) sue and be sued, except as otherwise provided herein or by law, in all actions and proceedings in all courts and tribunals of competent jurisdiction;

(c) adopt a seal and alter it at pleasure;

(d) take by grant, purchase, gift, devise, or lease and to hold, use, enjoy, and to lease or dispose of real and personal property of every kind, within or without the district, necessary to the full exercise of its powers; and

(e) make contracts, employ labor, and do all acts necessary for the full exercise of the foregoing powers.

(2) The powers enumerated in this part and part 23 shall, except as otherwise provided in this part and part 23, be exercised by the board of directors.
Mont. Code Ann. § 7-3-442 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-442
7-3-442 Auditor
Status: in_force

7-3-442 . Auditor. An auditor:

(1) may be elected;

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

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

(4) may be selected as provided by ordinance;

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

(6) may not be included in this form as a separate office.
Mont. Code Ann. § 7-3-4462 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4462
7-3-4462 Office of city judge
Status: in_force

7-3-4462 . Office of city judge. (1) In each municipality having a commission-manager form of government, a city judge must be elected every 4 years in a nonpartisan election held in conjunction with the general municipal election. The city judge shall hold office for a term of 4 years.

(2) The qualifications to hold the office of city judge must be set by ordinance by the commission. The ordinance must be consistent with any rules adopted by the Montana supreme court on city judge qualifications.

(3) If a vacancy occurs in the office of city judge, the commission shall appoint a qualified individual to serve for the remainder of the term.
Mont. Code Ann. § 7-3-4449 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4449
7-3-4449 Grant of right to use or occupy public places
Status: in_force

7-3-4449 . Grant of right to use or occupy public places. The commission shall have all powers to grant rights to occupy or use the streets, highways, bridges, or public places in the municipality that now are or hereafter may be granted to municipalities by the constitution or laws of Montana. Every ordinance or resolution passed by the commission granting the right to occupy or use streets, highways, or public places of municipalities shall be complete in the form in which it is finally passed and remain on file with the commission for inspection by the public for at least 1 week before the final adoption or passage thereof.
Mont. Code Ann. § 7-21-2113 — MT Code / Title 7 / Chapter 21 / Part 21 / Section 7-21-2113
7-21-2113 Effect of failure to comply with licensing requirements
Status: in_force

7-21-2113 . Effect of failure to comply with licensing requirements. Every person who commences or carries on a business, trade, profession, or calling, for the transaction or carrying on of which a license is required by the provisions of any of the license laws of Montana, without taking out or procuring such license is guilty of a misdemeanor and shall, unless specific punishment is prescribed by some other law of this state, be punishable as in the case of other misdemeanors and, in addition thereto, shall be liable to a penalty of 10% of the amount of said license. This penalty must be added to the amount of said license and collected by the county treasurer at the time of the collection of the license, but the payment of said penalty shall in no event relieve any person from prosecution for such misdemeanor.
Mont. Code Ann. § 7-7-2221 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2221
7-7-2221 Issuance of certain general obligation bonds without election
Status: in_force

7-7-2221 . Issuance of certain general obligation bonds without election. Bonds may be issued without submitting the same to an election if the bonds are issued for the purpose of:

(1) enabling a county to liquidate its indebtedness to another county incident to the creation of a new county or the changing of a county boundary line, as set forth in 7-7-2201 (5); and

(2) funding, paying in full, or compromising, settling, and satisfying any judgment which may have been rendered against the county in a court of competent jurisdiction, as set forth in 7-7-2202 and 15-1-402 .
Mont. Code Ann. § 7-6-2202 — MT Code / Title 7 / Chapter 6 / Part 22 / Section 7-6-2202
7-6-2202 Duties of county clerk related to finance
Status: in_force

7-6-2202 . Duties of county clerk related to finance. (1) The county clerk shall draw warrants on the county treasury in favor of all persons entitled to the warrants in payment:

(a) of all claims and demands chargeable against the county that have been legally examined, allowed, and ordered paid by the board of county commissioners; and

(b) for all debts and demands against the county when the amounts are fixed by law and are not directed to be audited by some other person or tribunal.

(2) The county clerk shall keep accounts current with the treasurer. When any person deposits with the county treasurer any money paid into the treasury, the county clerk must be furnished by the treasurer with a duplicate of the receipt issued to the person. The duplicate receipt must be filed in the office of the county clerk, and the county clerk shall charge the treasurer with the amount of the deposit.

(3) The county clerk shall make the annual statement prescribed by the department of administration.
Mont. Code Ann. § 7-7-133 — MT Code / Title 7 / Chapter 7 / Part 1 / Section 7-7-133
7-7-133 Power to comply with court decrees related to bankruptcy
Status: in_force

7-7-133 . Power to comply with court decrees related to bankruptcy. A local entity shall comply with all orders and decrees contemplated by the federal municipal bankruptcy laws and may issue its bonds and other securities for the carrying out and consummation of the adjustment of its debts as provided and contemplated by the federal law and as required by the orders and decrees of the bankruptcy court. The orders and decrees of the bankruptcy court must be based on the Montana law applicable to the local entity.
Mont. Code Ann. § 7-32-2245 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2245
7-32-2245 Payment of confinement and medical costs by inmate
Status: in_force

7-32-2245 . Payment of confinement and medical costs by inmate. (1) An inmate found by the sentencing court to have the ability to pay is liable for the costs, including actual medical costs, of the inmate's confinement in a detention center. The rate for confinement costs must be determined in accordance with 46-18-403 . Confinement costs, other than actual medical costs, must be ordered by the court and must be paid in advance of confinement and prior to payment of any fine.

(2) If an inmate requires medical treatment, the inmate is responsible for medical costs associated with:

(a) preexisting conditions;

(b) self-inflicted injuries while in custody;

(c) injuries incurred while in custody if the injuries are not the result of negligent or intentionally torturous acts committed by the detention center administrator or a member of the administrator's staff;

(d) injuries incurred during the commission of a crime or while unlawfully resisting arrest or attempting to avoid an arrest; and

(e) any other injuries or illnesses that are not the responsibility of other entities as provided in 7-32-2224 and 7-32-2242 (3).

(3) (a) If an inmate is found to be able to pay for the inmate's medical costs, as provided in subsections (1) and (2), the health care provider who treats the inmate shall collect the cost of the treatment from the inmate or the detention center administrator may arrange with the health care provider to pursue reimbursement from a third-party payor for the services provided.

(b) If the health care provider is unable to collect from the inmate or third-party payor within 120 days from the date of the service, the county is responsible for reimbursing the health care provider for the services at:

(i) the medicaid reimbursement rate or at a rate that is 70% of the provider's customary charges, whichever is greater; or

(ii) a negotiated rate.

(c) If the health care provider is reimbursed by the inmate or the third-party payor after the provider has been reimbursed by the county, the provider shall refund to the county the amount that the provider had been paid by the county for the services provided to the inmate.

(4) Inability to pay may not be a factor in providing necessary medical care for an inmate.

(5) This section does not restrict an inmate's right to use a third-party payor.

(6) If a city or town is the arresting agency and commits a person to the detention center of the county in which the city or town is located, the inmate is responsible for the inmate's medical expenses and the provisions of this section apply.
Mont. Code Ann. § 7-3-152 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-152
7-3-152 Effect of adoption of new form of government or change in plan of government
Status: in_force

7-3-152 . Effect of adoption of new form of government or change in plan of government. The adoption of a new form of government or a change in a plan of government does not affect the validity of any bond, debt, contract, obligation, or cause of action accrued or established under the prior form of government.
Mont. Code Ann. § 7-6-4438 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4438
7-6-4438 Tax levy and expenditures for municipal and administrative purposes when limits on municipal indebtedness exceeded
Status: in_force

7-6-4438 . Tax levy and expenditures for municipal and administrative purposes when limits on municipal indebtedness exceeded. (1) Subject to 15-10-420 , taxes levied and collected for municipal and administrative purposes by any city or town in which the indebtedness equals or exceeds the limit allowed by statute may be used in payment of current expenses during the fiscal year for which the taxes were levied as if a special levy had been made for each of the purposes. The council of the city or town may designate the amount of the general levy applicable to each of the purposes. The amount designated constitutes a special fund for the special purpose of paying the expenses incurred for the purpose. The expenses are payable only out of the fund.

(2) Subject to 15-10-420 , a city, the indebtedness of which equals or exceeds the limit allowed by statute, may levy and collect special taxes for municipal and administrative purposes, and the city council in making special levies shall designate the amount for each of the purposes. Each tax, when collected, constitutes a fund out of which the expenses incurred for the purpose for which the tax was levied must be paid. The expenses incurred for any particular purpose may be paid only out of the specified fund.
Mont. Code Ann. § 7-2-4304 — MT Code / Title 7 / Chapter 2 / Part 43 / Section 7-2-4304
7-2-4304 Applicability of part
Status: in_force

7-2-4304 . Applicability of part. (1) When the proceedings for annexation of territory to a municipality are instituted as provided in this part, the provisions of this part and no other apply, except where otherwise explicitly indicated.

(2) The governing body of the municipality to which territory is proposed to be annexed may in its discretion select one of the annexation procedures in parts 42 through 47 that is appropriate to the circumstances of the particular annexation. The municipal governing body must then follow the specific procedures prescribed in the appropriate part.
Mont. Code Ann. § 7-34-2119 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2119
7-34-2119 Organization of board of trustees
Status: in_force

7-34-2119 . Organization of board of trustees. The trustees at their first meeting shall adopt bylaws for the government and management of the district and shall appoint a qualified person to serve as clerk of the said board, who may or may not be one of their number.
Mont. Code Ann. § 7-7-4631 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4631
7-7-4631 Role of receiver
Status: in_force

7-7-4631 . Role of receiver. (1) The receiver appointed pursuant to 7-7-4630 shall, directly or by the receiver's agents and attorneys, enter into and upon and take possession of the enterprise and every part of the enterprise and may exclude the municipality, its governing body, officers, agents, and employees, and all persons claiming under them wholly from the enterprise and must have and shall hold, use, operate, manage, and control the enterprise and every part of the enterprise and, in the name of the municipality or otherwise as the receiver may consider best, shall exercise all the rights and powers of the municipality with respect to the enterprise as the municipality itself might do.

(2) The receiver shall:

(a) maintain, restore, insure, and keep insured the enterprise and from time to time make all necessary or proper repairs as may seem expedient to the receiver;

(b) establish, levy, maintain, and collect fees, tolls, rentals, and other charges in connection with the enterprise that the receiver considers necessary or proper and reasonable; and

(c) collect and must receive all revenue and deposit the revenue in a separate account and apply revenue in a manner that the court shall direct.

(3) The receiver shall, in the performance of the powers conferred upon the receiver, act under the direction and supervision of the court making the appointment and must at all times be subject to the orders and decrees of the court and may be removed by the court. This section does not limit or restrict the jurisdiction of the court to enter other and further orders and decrees that the court considers necessary or appropriate for the exercise by the receiver of any functions specifically set forth in this section.
Mont. Code Ann. § 7-2-6103 — MT Code / Title 7 / Chapter 2 / Part 61 / Section 7-2-6103
7-2-6103 Public hearing on alteration of district boundaries
Status: in_force

7-2-6103 . Public hearing on alteration of district boundaries. (1) Within 30 days after certification that a petition to change a hospital district boundary is sufficient as provided in 7-2-6102 , the board of the hospital district shall provide public notice pursuant to 7-1-2121 in the affected hospital district and in the city, town, resort community, or resort area district closest to the area impacted by the petition and hold a public hearing in the area proposed to be transferred from one hospital district to another. The purpose of the public hearing is educating the public and soliciting public comment on the petition to change the hospital district boundary.

(2) For a petition to change a school district boundary, a hearing must be held as required in 20-6-105 .
Mont. Code Ann. § 7-15-4205 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4205
7-15-4205 Scope
Status: in_force

7-15-4205 . Scope. Insofar as the provisions of this part and part 43 are inconsistent with the provisions of any other law, the provisions of this part and part 43 shall be controlling. The powers conferred by this part and part 43 shall be in addition and supplemental to the powers conferred by any other law.
Mont. Code Ann. § 7-8-2101 — MT Code / Title 7 / Chapter 8 / Part 21 / Section 7-8-2101
7-8-2101 Provision of rooms for county purposes
Status: in_force

7-8-2101 . Provision of rooms for county purposes. The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to provide suitable rooms for county purposes when there are no necessary county buildings.
Mont. Code Ann. § 7-14-4403 — MT Code / Title 7 / Chapter 14 / Part 44 / Section 7-14-4403
7-14-4403 Operation of municipal busline
Status: in_force

7-14-4403 . Operation of municipal busline. The city or town council or commission has authority to provide for the:

(1) management and operation of the system authorized by 7-14-4401 (1)(a) and to do all things necessary for the successful operation of that transportation system;

(2) safe operation of the transportation system, including the adoption of ordinances or resolutions to require motor vehicles to yield the right-of-way to buses reentering the traffic flow; and

(3) enforcement of ordinances or resolutions adopted under subsection (2).
Mont. Code Ann. § 7-6-1551 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1551
7-6-1551 Annexation of property into resort area district -- election
Status: in_force

7-6-1551 . Annexation of property into resort area district -- election. (1) Property may be annexed into a resort area district as provided in this section.

(2) The resort area district board of directors may recommend that property contiguous to an existing resort area district be annexed into the resort area district.

(3) If the board of directors recommends annexation, the board shall submit its recommendation to the board of county commissioners, along with a description or map of the existing district and a description or map of the area proposed to be annexed.

(4) (a) On receipt of the resort area district board's recommendation, the board of county commissioners shall submit the description or map of the existing district and the description or map of the area proposed to be annexed into the resort area district to the department of commerce, along with a review fee of $250 and any other information required by the department as necessary to determine whether the existing district with the proposed annexation qualifies as a resort area under 7-6-1501 .

(b) The department of commerce shall determine whether the existing district with the proposed annexation qualifies as a resort area under 7-6-1501 and shall notify the board of county commissioners of its determination. If the existing district with the proposed annexation does not qualify as a resort area, the board of county commissioners may take no further action on the proposed annexation for a period of at least 1 year. If the existing district with the proposed annexation does qualify as a resort area, the board of county commissioners shall give notice of an election to be held in the area proposed to be annexed.

(5) The board of county commissioners shall give notice as required in 13-1-108 of the election to be held in the area proposed to be annexed. The election must be held in accordance with Title 13, chapter 1, part 5.

(6) If a majority of the votes cast by qualified electors on the question of annexation of the property into the resort area district are in favor of the annexation, the board of county commissioners shall enter into its minutes an order, by resolution, annexing the property into the district and shall cause to be created a map of the district that includes the annexed area. Immediately following the adoption of the resolution, the board of county commissioners shall file with the secretary of state and the county clerk and recorder a copy of the resolution and the map.

(7) The secretary of state shall issue a certificate of incorporation as provided in 7-6-1540 .

(8) The resort area district board of directors that governed the district before annexation shall continue to operate, and the members shall continue to serve the members' terms. Upon occurrence of a vacancy or the expiration of a member's term, residents of the area that has been annexed are eligible for election or appointment to the board of directors under the provisions of 7-6-1543 , 7-6-1544 , and 7-6-1546 .

(9) If the area proposed to be annexed includes property in more than one county, the board of county commissioners of each county shall comply with the provisions of this section.
Mont. Code Ann. § 7-3-4259 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4259
7-3-4259 Discharge of employees
Status: in_force

7-3-4259 . Discharge of employees. All persons subject to the civil service examination are subject to removal from office or employment by the council for misconduct or failure to perform their duties under rules that the council may adopt, and the chief of police, chief of the fire department, or any superintendent or lead supervisor in charge of municipal work may peremptorily suspend or discharge any subordinate then under that person's direction for neglect of duty or disobedience of orders but shall, within 24 hours, report the suspension or discharge and the reason for the suspension or discharge to the superintendent of the department. The superintendent shall affirm or revoke the discharge or suspension according to the facts. The employee or the officer discharging or suspending the employee may, within 5 days of the ruling, appeal to the council, which shall fully hear and determine the matter.
Mont. Code Ann. § 7-7-4203 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4203
7-7-4203 What constitutes a single purpose
Status: in_force

7-7-4203 . What constitutes a single purpose. The following shall be deemed a single purpose:

(1) acquiring land for a site for a public building or for any other public use and constructing, erecting, or acquiring by purchase any building thereon and furnishing and equipping the same;

(2) acquiring of rights-of-way for street or other purposes, making improvements thereon, or constructing sewers or water pipelines;

(3) procuring of a water supply and constructing or acquiring of a water system and improving the same if necessary.
Mont. Code Ann. § 7-12-2181 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2181
7-12-2181 Creation of rural improvement district revolving fund
Status: in_force

7-12-2181 . Creation of rural improvement district revolving fund. The board of county commissioners of any county in the state which may create any rural special improvement district or districts for any purpose may (in order to secure prompt payment of any special improvement district bonds or warrants issued in payment of improvements made therein and the interest thereon as it becomes due) create, establish, and maintain by resolution a fund to be known and designated as the rural special improvement district revolving fund. Nothing herein shall authorize or permit the elimination of a revolving fund until all bonds and warrants secured thereby and the interest thereon have been fully paid and discharged.
Mont. Code Ann. § 7-14-2105 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2105
7-14-2105 Reports to department of transportation
Status: in_force

7-14-2105 . Reports to department of transportation. (1) Each board of county commissioners shall make reports relating to roads under its supervision which are requested by the department of transportation.

(2) The board and the road supervisor of a county and all other officers who may have the care and supervision of the public highways and bridges shall, upon the written request of the department, furnish all available information in connection with the construction and maintenance of the highways and bridges in their respective districts or counties.
Mont. Code Ann. § 7-3-1210 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1210
7-3-1210 Existing contracts continued
Status: in_force

7-3-1210 . Existing contracts continued. All contracts entered into by the county or by any city or town therein or on behalf of any improvement district by such county or by any such city or town prior to the election and qualification of a commission under this part and part 13 shall continue in full force and effect subsequent thereto. Public improvements for which initial steps may have been taken under laws effective in the county prior to the election and qualification of a commission under this part and part 13 may thereafter be carried to completion in accordance with the provisions of such laws.
Mont. Code Ann. § 7-4-4110 — MT Code / Title 7 / Chapter 4 / Part 41 / Section 7-4-4110
7-4-4110 Duties of officers not otherwise provided for
Status: in_force

7-4-4110 . Duties of officers not otherwise provided for. (1) The city or town council has power to prescribe the duties of all officers of the city or town, subject to the limitations mentioned in this code.

(2) The duties of the street commissioner, chief of the fire department, city surveyor, and other city officers not provided in this code may be prescribed by ordinance.
Mont. Code Ann. § 7-3-1226 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1226
7-3-1226 Codification of ordinances
Status: in_force

7-3-1226 . Codification of ordinances. (1) Ordinances may be revised, codified, rearranged, and published in book form under appropriate titles, chapters, and sections, and such revision and codification may be made in one ordinance containing one or more subjects. The publication of such revision and codification in book form as aforesaid shall be held to be a sufficient publication of the ordinance or several ordinances contained in such revision and codification.

(2) Any such publication of a revision or codification of ordinances in book form shall contain a certificate of the president and clerk of the correctness of such revision, codification, and publication; and such book so published shall be received in evidence in any court for the purpose of proving the ordinance or ordinances therein contained, the same and for the same purpose as the original book, ordinances, minutes, or journals would be received.
Mont. Code Ann. § 7-7-2106 — MT Code / Title 7 / Chapter 7 / Part 21 / Section 7-7-2106
7-7-2106 Procedure if original bond, warrant, or coupon is presented
Status: in_force

7-7-2106 . Procedure if original bond, warrant, or coupon is presented. The county treasurer, upon the production of any original bond, warrant, or coupon by the lawful owner or holder, shall assign by endorsement and deliver to the owner or holder the surety bond mentioned in 7-7-2104 . The owner or holder may maintain an action upon the surety bond for the recovery of any money paid upon the duplicate, but the delivery of the surety bond does not relieve or exonerate the county from the payment of the amount specified in the bond upon a demand and refusal of the sureties named in the indemnifying surety bond to pay the amount.
Mont. Code Ann. § 7-31-4204 — MT Code / Title 7 / Chapter 31 / Part 42 / Section 7-31-4204
7-31-4204 Investigation and remedial measures related to open ditches
Status: in_force

7-31-4204 . Investigation and remedial measures related to open ditches. The governing body of the city or town is hereby given the power to:

(1) investigate the dangerous condition of such ditches within the corporate limits and declare any such ditch a public nuisance; and

(2) determine the measures necessary to remove the danger and public nuisance, including fencing or the use of culverts or other protective devices, based upon standards to be determined by such city or town.
Mont. Code Ann. § 7-33-4103 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4103
7-33-4103 Composition of fire department
Status: in_force

7-33-4103 . Composition of fire department. Such fire department, when established, may consist of one chief of the fire department and as many assistant chiefs of the fire department and such number of firefighters as the council or commission may from time to time provide and may also include a city electrician and as many assistant electricians as the council or commission may from time to time provide.
Mont. Code Ann. § 7-12-4187 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4187
7-12-4187 Certain errors not to invalidate assessments and liens
Status: in_force

7-12-4187 . Certain errors not to invalidate assessments and liens. (1) When, under any of the provisions of this part or part 42, special taxes and assessments are assessed against any lot or parcel of land as the property of a particular person, no misnomer of the owner or supposed owner or other mistake relating to the ownership thereof shall affect such assessment or render it void or voidable.

(2) Any mistake in the description of the property or the name of the owner shall not vitiate any liens created by this part or part 42 unless it is impossible to identify the property from the description.
Mont. Code Ann. § 7-3-704 — MT Code / Title 7 / Chapter 3 / Part 7 / Section 7-3-704
7-3-704 Legislative body
Status: in_force

7-3-704 . Legislative body. (1) The charter shall provide for an elected legislative body (called a commission or council) or shall provide for a legislative body comprised of all qualified electors. For elected legislative bodies, the charter shall specify the number of members thereof, their term of office, election on a partisan or nonpartisan basis, the grounds for their removal, and the method for filling vacancies.

(2) The charter shall provide for the nomination and election of commissions:

(a) at large;

(b) by districts in which candidates must reside and which are apportioned by population;

(c) by a combination of districts, in which candidates must reside and which are apportioned by population, and at large; or

(d) elected at large and nominated by a plan of nomination that may not preclude the possibility of the majority of the electors nominating candidates for the majority of the seats on the commission from persons residing in the district or districts where the majority of the electors reside.
Mont. Code Ann. § 7-3-4262 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4262
7-3-4262 Nonpartisan appointments and elections
Status: in_force

7-3-4262 . Nonpartisan appointments and elections. All officers and employees in any said city shall be elected or appointed with reference to their qualifications and fitness and for the good of the public service and without reference to their political faith or party affiliations.
Mont. Code Ann. § 7-11-310 — MT Code / Title 7 / Chapter 11 / Part 3 / Section 7-11-310
7-11-310 Judicial review
Status: in_force

7-11-310 . Judicial review. (1) Judicial review to determine the validity of the procedures used in adopting any service consolidation or transfer may be initiated by petition in district court of 10 or more registered electors of each local government affected by the consolidation or transfer brought within 60 days after the election adopting the service consolidation or transfer. If no petition is filed within that period, compliance with all the procedures required by 7-11-303 through 7-11-310 and the validity of the manner in which the service consolidation or transfer was approved is conclusively presumed.

(2) It is presumed that proper procedure was followed and all procedural requirements were met. The adoption of a service consolidation or transfer may not be considered invalid because of any procedural error or omission unless it is shown that the error or omission materially and substantially affected its adoption.
Mont. Code Ann. § 7-3-1247 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1247
7-3-1247 Attendance and participation of manager, directors, and other officers at commission meetings
Status: in_force

7-3-1247 . Attendance and participation of manager, directors, and other officers at commission meetings. The manager, the directors of all departments, and all other officers of the municipality shall be entitled to be present at all sessions of the commission. The manager shall have the right to take part in the discussion of all matters coming before the commission, and the directors and other officers shall be entitled to take part in all discussions of the commission relating to their respective departments and offices.
Mont. Code Ann. § 7-11-223 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-223
7-11-223 Authorization to make appropriations for commission
Status: in_force

7-11-223 . Authorization to make appropriations for commission. The units of local government within the county under consideration and the county may appropriate funds for the necessary expenses of the commission.
Mont. Code Ann. § 7-3-214 — MT Code / Title 7 / Chapter 3 / Part 2 / Section 7-3-214
7-3-214 Veto power
Status: in_force

7-3-214 . Veto power. The executive may:

(1) veto ordinances and resolutions, subject to override by a majority plus one of the whole number of the commission;

(2) veto ordinances and resolutions, subject to override by a two-thirds vote of the commission; or

(3) sign all ordinances and resolutions with no veto power.
Mont. Code Ann. § 7-7-2254 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2254
7-7-2254 Procedure for sale of bonds
Status: in_force

7-7-2254 . Procedure for sale of bonds. (1) Any bonds issued under the authority of this part may be sold at public or private sale as determined by the board of county commissioners pursuant to 17-5-107 . If the board of county commissioners conducts a public sale, it shall meet at the time and place fixed in the notice to consider bids for the bonds.

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

(3) Consultant fees and attorney fees may be paid to any person or corporation for assisting in the proceedings, preparation of the bonds, or negotiating the sale of the bonds.
Mont. Code Ann. § 7-16-2323 — MT Code / Title 7 / Chapter 16 / Part 23 / Section 7-16-2323
7-16-2323 Leasing of county land for nonpark purposes
Status: in_force

7-16-2323 . Leasing of county land for nonpark purposes. A county park board, in addition to powers and duties now given under law, shall have the power and duty to lease lands owned by the county, heretofore acquired for parks, which, in the judgment of the board, it shall not be advisable to improve as parks, upon such terms and conditions as the board shall deem to be for the best interests of the county. Such lands shall not be leased for a longer time than 5 years and not for a longer time than 1 year without the concurrence of two-thirds of the entire board of park commissioners.
Mont. Code Ann. § 7-32-302 — MT Code / Title 7 / Chapter 32 / Part 3 / Section 7-32-302
7-32-302 Waiver of residency requirements
Status: in_force

7-32-302 . Waiver of residency requirements. The person or body authorized by law to appoint special deputies, marshals, or police officers may in its discretion waive residency requirements.
Mont. Code Ann. § 7-2-2254 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2254
7-2-2254 Transfer and transcription of records
Status: in_force

7-2-2254 . Transfer and transcription of records. (1) The board of county commissioners of any new county must provide suitable books and have transcribed from the records of the old county or counties all such parts thereof as relate to or affect property situated in the new county or the title thereof.

(2) All chattel mortgages, renewals of chattel mortgages, articles of incorporation, contract notes, sheriff certificates of sale, liens, and original affidavits of registration which may affect or relate to property or persons situated within the new county shall be delivered by the county clerk of the old county to the county clerk of the new county and shall be preserved by the county clerk of the new county as permanent files of the new county.
Mont. Code Ann. § 7-13-2226 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2226
7-13-2226 Proposed subdivision connection to county water and/or sewer district system
Status: in_force

7-13-2226 . Proposed subdivision connection to county water and/or sewer district system. A county water and/or sewer district system shall supply water and sewer services to a subdivision proposed for review under Title 76, chapter 3 or 4, if:

(1) the proposed subdivision requests the connection;

(2) a boundary of the subdivision is within 501 to 1,000 feet of any component of the county system; and

(3) the county system meets the following requirements, as established in administrative rule by the department of environmental quality:

(a) the system is approved by the department and is in compliance with Title 75, chapter 6, part 1; and

(b) the managing entity of the system certifies that:

(i) the system has adequate capacity to meet the needs of the proposed subdivision;

(ii) the connections are authorized;

(iii) the system is in compliance with applicable department regulations; and

(iv) an appropriate water right exists for the connection.
Mont. Code Ann. § 7-3-171 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-171
7-3-171 Purpose
Status: in_force

7-3-171 . Purpose. The purpose of 7-3-171 through 7-3-193 is to provide a mechanism for local government review as required by Article XI, section 9, of the Montana constitution.
Mont. Code Ann. § 7-3-434 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-434
7-3-434 Clerk and recorder
Status: in_force

7-3-434 . Clerk and recorder. A clerk and recorder:

(1) may be elected;

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

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

(4) may be selected as provided by ordinance;

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

(6) may not be included in this form as a separate office.
Mont. Code Ann. § 7-32-2144 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2144
7-32-2144 Mileage and expenses of sheriff for delivery of prisoners and mentally ill persons
Status: in_force

7-32-2144 . Mileage and expenses of sheriff for delivery of prisoners and mentally ill persons. (1) A sheriff delivering prisoners at the state prison or a juvenile correctional facility or mentally ill persons at the Montana state hospital or other mental health facility is entitled to actual expenses necessarily incurred in their transportation. The expenses include the expenses of the sheriff in going to and returning from the institution. The sheriff shall take vouchers for every item of expense. The amount of these expenses, as shown by the vouchers when presented by the sheriff, must be audited and allowed by the governor or by the board of county commissioners, as the case may be, and paid out of the same money and in the same manner as are other expense claims against the state or counties. No other compensation may be received by sheriffs for the expenses.

(2) Unless otherwise provided, while in the discharge of civil and criminal duties, the sheriff is entitled to a mileage allowance, as provided in 2-18-503 . The sheriff must also be reimbursed for actual and necessarily incurred expenses for transporting, lodging, and feeding persons ordered by the court, as provided in 2-18-501 through 2-18-503 . The county is not liable for and the board of county commissioners may not pay for any claim of the sheriff or other officer for any other expenses incurred in travel or for expenses in cases for which mileage is allowed under this section.
Mont. Code Ann. § 7-4-4603 — MT Code / Title 7 / Chapter 4 / Part 46 / Section 7-4-4603
7-4-4603 Removal or suspension
Status: in_force

7-4-4603 . Removal or suspension. The city attorney may be suspended or removed from office by the city council for the neglect, violation, or disregard of the duties required by law or the ordinances of the city.
Mont. Code Ann. § 7-4-2309 — MT Code / Title 7 / Chapter 4 / Part 23 / Section 7-4-2309
7-4-2309 Conduct of hearing -- decision
Status: in_force

7-4-2309 . Conduct of hearing -- decision. (1) At the time designated in said notice, the county commissioners shall proceed to hear said petition and the evidence for or against the same. Any registered elector of the county affected shall have the right to appear and be heard upon said petition, subject, however, to the right of the county commissioners to limit cumulative testimony and to prevent the undue prolonging of said hearing.

(2) Within 5 days after the date set for said hearing, the board or boards of county commissioners shall make such order in relation to the consolidation of said offices as they shall deem proper. Such order must be made at least 7 days before the date on which declarations for nomination may first be filed for any county office.
Mont. Code Ann. § 7-31-114 — MT Code / Title 7 / Chapter 31 / Part 1 / Section 7-31-114
7-31-114 Disposition of sale proceeds -- sanitary coupon bond fund
Status: in_force

7-31-114 . Disposition of sale proceeds -- sanitary coupon bond fund. The proceeds of the sales of bonds:

(1) shall be paid over to the county treasurer, the city treasurer, or the town clerk, as the case may be, and kept as a separate and independent fund for the purposes herein provided, to be known as the sanitary coupon bond fund; and

(2) shall be deposited and kept in such a manner and at such bank or banks as the board of county commissioners of the county or council of the city or town owning such funds may direct.
Mont. Code Ann. § 7-5-2106 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2106
7-5-2106 Control of conflict of interest
Status: in_force

7-5-2106 . Control of conflict of interest. No member of the board must be directly or indirectly interested:

(1) in any property purchased for the use of the county;

(2) in any purchase or sale of property belonging to the county; or

(3) in any contract made by the board or other person on behalf of the county for the erection of public buildings, the opening or improvement of roads, the building of bridges, or the purchasing of supplies or for any other purpose.
Mont. Code Ann. § 7-5-4123 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4123
7-5-4123 Journal of council proceedings
Status: in_force

7-5-4123 . Journal of council proceedings. The council must cause a journal of the proceedings to be kept, which must be open to inspection.
Mont. Code Ann. § 7-13-4308 — MT Code / Title 7 / Chapter 13 / Part 43 / Section 7-13-4308
7-13-4308 Change and readjustment of charges
Status: in_force

7-13-4308 . Change and readjustment of charges. The governing body shall have the right to change and readjust from time to time the rates and charges so fixed and established, provided the aggregate of such rates and charges shall always be sufficient to meet the requirements mentioned in 7-13-4307 .
Mont. Code Ann. § 7-22-2131 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2131
7-22-2131 Noncompliance with weed control requirements -- general notice
Status: in_force

7-22-2131 . Noncompliance with weed control requirements -- general notice. (1) (a) If a complaint is made against a landowner or if the board has reason to believe that noxious weeds are present on a landowner's property, the board shall notify the landowner by certified mail of the complaint and shall request permission for the board's agent to enter the property to conduct an inspection.

(b) If the landowner has an agent for service on file with the secretary of state, the notice must be given by certified mail to the registered agent.

(c) The landowner or the landowner's representative shall respond within 10 days of receipt of the notice.

(2) (a) If the board's agent and the landowner or landowner's representative agree to an inspection, the agent and the landowner or representative shall inspect the land at an agreed-upon time.

(b) The board or the board's agent may seek a court order to enter and inspect the land to determine if noxious weeds are present on the property if:

(i) within 10 days of sending the certified letter to the address on the tax records or to the agent for service, the board is unable to determine the owner of the property; or

(ii) the letter cannot be delivered because the landowner or the landowner's representative refuses to sign the receipt or does not reside on the property.

(3) If the board finds noxious weeds on the property during the inspection, the board shall:

(a) seek the landowner's or representative's voluntary compliance with the district weed management program in accordance with 7-22-2132 ; or

(b) if voluntary compliance is not obtained, notify the landowner or the landowner's representative by certified mail that noxious weeds were found on the property.

(4) The notice must contain the language specified in this section.

(5) If the board believes it is advisable, the board may post a dated order in a conspicuous place on the property providing notice that noxious weeds have been found on the property and informing the landowner or landowner's representative of the options for complying with the weed management program pursuant to 7-22-2132 and the actions that may be taken under 7-22-2134 if the landowner fails to comply with the weed management program.

(6) All correspondence with a landowner or the landowner's representative concerning notifications of weed infestations, including requests made pursuant to subsection (1) to inspect property and notifications of noncompliance, must be made on the uniform notification material provided by the department and must:

(a) list the noxious weeds found on the property;

(b) provide the legal description of the property;

(c) provide the address of the property, if available;

(d) state the fact that the presence of the weeds violates state law and that the landowner has 10 days after receiving the notice to contact the board or its agent;

(e) provide the address and phone number for the board;

(f) notify the landowner of the landowner's:

(i) responsibility to submit a weed management proposal; and

(ii) right to request a hearing to contest the finding of noncompliance, including the timeframe for making the request; and

(g) specify the actions the board may take if the landowner fails to remove the weeds, including but not limited to the anticipated costs of destroying the weeds and the 25% penalty allowed under 7-22-2134 .