Mont. Code Ann. § 7-12-2137 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2137
7-12-2137 Procedure for dealing with bid securities
Status: in_force

7-12-2137 . Procedure for dealing with bid securities. (1) If bids are rejected, the board of county commissioners shall return to the proper parties the bid securities accompanying the rejected bids.

(2) The bid security accompanying the accepted proposal or bid must be held by the county clerk until the contract for doing the work has been entered into, either by the lowest bidder or by the owners of over 50% of frontage, at which time the bid security must be returned to the bidder.

(3) If the bidder fails, neglects, or refuses to enter into the contract to perform the work and improvements, then the bid security accompanying the bid must be declared to be forfeited to the board and must be collected by the board and paid into the general fund of the county.
Mont. Code Ann. § 7-14-207 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-207
7-14-207 Presentation of petition to board of county commissioners -- hearing required
Status: in_force

7-14-207 . Presentation of petition to board of county commissioners -- hearing required. (1) If an elector's petition contains the signatures of 20% of the qualified electors of the proposed transportation district or the area proposed to be added to an existing district, the county clerk shall present the petition and the county clerk's certificate to the commissioners at their first meeting held after the county clerk has attached the certificate to the petition.

(2) On receipt of the petition from the county clerk, the commissioners shall examine the petition and shall by resolution call for a public hearing on the creation of the district or the enlargement of the district.
Mont. Code Ann. § 7-3-1258 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1258
7-3-1258 Official bonds
Status: in_force

7-3-1258 . Official bonds. (1) The members of the commission, the manager, the director of finance, the purchasing agent, the director of law, the director of police, and such other officers and employees of the municipality as the commission requires to do so shall, immediately upon taking office, give bonds with such surety as may be approved by the commission; but no officer or employee shall become surety upon the official bond of another officer or employee. Members of the commission shall give bonds in the sum of $5,000 and other officers and employees shall give bonds in such amounts as the commission may require. The premium on all official bonds shall be paid by the municipality.

(2) All such bonds, except those of the manager and the director of finance, shall be filed with the director of finance. The official bonds of the manager and the director of finance shall be filed with and kept by the director of the department of law.
Mont. Code Ann. § 7-13-4527 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4527
7-13-4527 Creation of joint local water quality districts
Status: in_force

7-13-4527 . Creation of joint local water quality districts. (1) Joint local water quality districts are districts that encompass two or more counties or parts of counties.

(2) A joint local water quality district may be created if the commissioners of each affected county:

(a) create the district, following the procedures prescribed under 7-13-4504 through 7-13-4507 and 7-13-4509 through 7-13-4513 ; and

(b) appoint a joint board of directors that consists of at least five members and that is consistent with the requirement of 7-13-4528 (2)(b), if applicable.
Mont. Code Ann. § 7-6-2701 — MT Code / Title 7 / Chapter 6 / Part 27 / Section 7-6-2701
7-6-2701 Investment of certain money in county, municipal, hospital, and school warrants
Status: in_force

7-6-2701 . Investment of certain money in county, municipal, hospital, and school warrants. (1) If a county has under its control any money for which there is no immediate demand, in any special fund subject to deposit, which in the judgment of the board of county commissioners it would be advantageous to invest in county, municipal, hospital district, or school district registered warrants, the county commissioners are authorized in their discretion to direct the county treasurer to purchase the warrants of entities located in the same county.

(2) For the purchases, the county commissioners shall:

(a) designate the fund or funds to be invested;

(b) fix the amount that may be purchased;

(c) establish the rate of interest the county must receive for the investment; and

(d) designate the warrants that are to be purchased by the funds.

(3) The officer drawing a warrant to be purchased for investment by a county shall attach to or stamp, write, or print upon the warrant a notice to the effect that the county will exercise its preference right to purchase the warrant.

(4) (a) A school district, hospital district, or county warrant presented to the county treasurer for purchase by the county must be registered as any other school district, hospital district, or county warrant.

(b) A municipal warrant presented to the municipal clerk or treasurer for purchase by the county must be registered, and the holder of the warrant must be informed that the warrant may be presented to the county treasurer for purchase by the county.

(5) The county treasurer shall, when a warrant designated for purchase under the provisions of subsection (2) is presented to the treasurer, purchase the warrant out of the proper fund as designated by the board. When the designated amounts have been invested, the county treasurer shall notify the county clerk and recorder or the applicable officer authorized to draw the warrants.

(6) Interest earned from the investments, including interest on the sale of bonds accrued in the period between the date of issue and the time of purchase, must be credited to the sinking fund of the county, notwithstanding the provisions of 7-6-204 (1).

(7) A provision of this section may not be construed to prevent the investment of county or county high school money under the state unified investment program established in Title 17, chapter 6, part 2.
Mont. Code Ann. § 7-14-4115 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4115
7-14-4115 Discontinuance of street not to affect utility easements
Status: in_force

7-14-4115 . Discontinuance of street not to affect utility easements. The vacation authorized by 7-14-4114 shall not affect the right of any public utility to continue to maintain its plant and equipment in any such streets or alleys.
Mont. Code Ann. § 7-7-4204 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4204
7-7-4204 Nature of general obligation bonds
Status: in_force

7-7-4204 . Nature of general obligation bonds. All bonds issued under the provisions of this part shall be legal and valid obligations of the city or town issuing the same, and the full faith and credit of such city or town are hereby irrevocably pledged for the prompt payment of both principal and interest thereof as the same become due.
Mont. Code Ann. § 7-32-240 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-240
7-32-240 Certification of Montana peace officer who leaves full-time or part-time employment to enter active reserve status in Montana -- definition
Status: in_force

7-32-240 . Certification of Montana peace officer who leaves full-time or part-time employment to enter active reserve status in Montana -- definition. (1) Except as provided in subsection (2), an officer who has been issued a peace officer basic certification by the Montana public safety officer standards and training council or who is eligible for the certification and who becomes an active reserve officer in Montana may retain the officer's peace officer certification and return to full-time or part-time employment as a peace officer under the following circumstances:

(a) If the reserve officer has not had a break in service of more than 3 years at any time since the peace officer's last date of employment as a full-time or part-time peace officer in Montana, the peace officer retains the peace officer certification and may return to full-time or part-time employment as a peace officer from reserve status without attending an equivalency course or returning to the basic academy.

(b) If the reserve officer has had a break in service of more than 3 years at any time since the officer's last date of employment as a full-time or part-time peace officer in Montana, the officer must successfully complete the peace officer basic equivalency course, as approved by the council, within 1 year of the officer's most recent appointment as a full-time or part-time peace officer in Montana in order to maintain the officer's peace officer certification. If the officer fails the basic equivalency course, the officer must attend the peace officer basic course at the Montana law enforcement academy at the next available opportunity. The officer's agency may request an extension of time for the officer to meet the basic requirement pursuant to 7-32-303 (9).

(c) If the reserve officer has had a break in service of more than 5 years at any time since the officer's last date of employment as a full-time or a part-time peace officer in Montana, the officer must successfully complete the peace officer basic course at the Montana law enforcement academy, as approved by the council, within 1 year of the officer's most recent appointment as a full-time or part-time peace officer in Montana in order to retain the officer's peace officer certification. The officer's agency may request an extension of time for the officer to meet the basic requirement pursuant to 7-32-303 (9).

(2) (a) The provisions of subsection (1) do not apply to a peace officer who was last employed as a full-time or part-time peace officer outside of Montana, a peace officer who was last employed by a federal or United States military law enforcement agency, or to a reserve officer outside of Montana.

(b) Officers listed in subsection (2)(a) are subject to the provisions of 7-32-303 (6) through (8).

(3) For the purposes of part 3 and this part, the phrase "break in service" means a continuous period in which the officer is not performing the duties of a peace officer in Montana, either as a full-time or part-time peace officer or as an active reserve officer.
Mont. Code Ann. § 7-7-4624 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4624
7-7-4624 Use of fiscal agent
Status: in_force

7-7-4624 . Use of fiscal agent. Any municipality shall have power, in connection with the issuance of refunding bonds:

(1) to appoint a fiscal agent;

(2) to provide for the powers, duties, and functions and compensation of such fiscal agent;

(3) to limit the liabilities of such fiscal agent;

(4) to prescribe a method for the resignation, removal, merger, or consolidation of such fiscal agent and the appointment of a successor fiscal agent and the transfer of rights and properties to such successor fiscal agent.
Mont. Code Ann. § 7-6-2102 — MT Code / Title 7 / Chapter 6 / Part 21 / Section 7-6-2102
7-6-2102 Limitation on number of deputy county treasurers
Status: in_force

7-6-2102 . Limitation on number of deputy county treasurers. (1) Except as provided in subsection (2), the number of deputies allowed the county treasurer may not exceed:

(a) two in counties having a taxable valuation of $50 million or more;

(b) one in counties having a taxable valuation of less than $50 million.

(2) The board of county commissioners may allow additional deputies as may be necessary during the months of November and December of each year.
Mont. Code Ann. § 7-10-220 — MT Code / Title 7 / Chapter 10 / Part 2 / Section 7-10-220
7-10-220 Sale of bonds
Status: in_force

7-10-220 . Sale of bonds. (1) Bonds authorized to be issued under this part may be sold at a public or private sale as determined by the governing body of the regional resource authority pursuant to 17-5-107 at a price not less than that prescribed by the governing body of the regional resource authority, plus interest to the date of delivery of the bonds.

(2) Unless sold at a private sale, the bonds must be sold at public sale after notice of the sale.
Mont. Code Ann. § 7-12-2126 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2126
7-12-2126 Transfer of management and control of district to city or town
Status: in_force

7-12-2126 . Transfer of management and control of district to city or town. (1) When a special improvement district has been created in accordance with the provisions of this part in any county of the state and the property contained therein subsequently becomes a part of the boundaries of an incorporated city or town, the board of county commissioners or the multicounty district trustees, as the case may be, may transfer the operation, control, and management of the district to a city or town, upon such terms and conditions as may be agreed upon.

(2) A city or town may accept the responsibility to operate and control such a district.

(3) An agreement for transfer of responsibilities from a county to a city or town must be properly executed in writing and must be approved by both governing bodies. Until an agreement is effective, the board of county commissioners or the multicounty district trustees, as the case may be, shall retain operation, control, and management of the district. The date of transfer of operation, control, and management is the date the agreement is fully effective or the date of transfer specified in the agreement, whichever is later.
Mont. Code Ann. § 7-1-111 — MT Code / Title 7 / Chapter 1 / Part 1 / Section 7-1-111
7-1-111 Powers denied
Status: in_force

7-1-111 . Powers denied. A local government unit with self-government powers is prohibited from exercising the following:

(1) any power that applies to or affects any private or civil relationship, except as an incident to the exercise of an independent self-government power;

(2) any power that applies to or affects the provisions of 7-33-4128 or Title 39, except that subject to those provisions, it may exercise any power of a public employer with regard to its employees;

(3) any power that applies to or affects the public school system, except that a local unit may impose an assessment reasonably related to the cost of any service or special benefit provided by the unit and shall exercise any power that it is required by law to exercise regarding the public school system;

(4) any power that prohibits the grant or denial of a certificate of compliance or a certificate of public convenience and necessity pursuant to Title 69, chapter 12;

(5) any power that establishes a rate or price otherwise determined by a state agency;

(6) any power that applies to or affects any determination of the department of environmental quality with regard to any mining plan, permit, or contract;

(7) any power that applies to or affects any determination by the department of environmental quality with regard to a certificate of compliance;

(8) any power that defines as an offense conduct made criminal by state statute, that defines an offense as a felony, or that fixes the penalty or sentence for a misdemeanor in excess of a fine of $500, 6 months' imprisonment, or both, except as specifically authorized by statute;

(9) any power that applies to or affects the right to keep or bear arms;

(10) any power that applies to or affects a public employee's pension or retirement rights as established by state law, except that a local government may establish additional pension or retirement systems;

(11) any power that applies to or affects the standards of professional or occupational competence established pursuant to Title 37 as prerequisites to the carrying on of a profession or occupation;

(12) except as provided in 7-3-1105 , 7-3-1222 , 7-21-3214 , or 7-31-4110 , any power that applies to or affects Title 75, chapter 7, part 1, or Title 87;

(13) (a) any power that applies to or affects landlords, as defined in 70-24-103 and 70-33-103 , when that power is intended to license landlords or to regulate their activities with regard to tenants beyond what is provided in Title 70, chapters 24, 25, and 33; or

(b) any power to deviate from or add to the exclusive application of the provisions of:

(i) the Montana Residential Landlord and Tenant Act of 1977, Title 70, chapter 24;

(ii) residential tenants' security deposit law in Title 70, chapter 25; or

(iii) the Montana Residential Mobile Home Lot Rental Act, Title 70, chapter 33.

(14) subject to 7-32-4304 , any power to enact ordinances prohibiting or penalizing vagrancy;

(15) subject to 80-10-110 , any power to regulate the registration, packaging, labeling, sale, storage, distribution, use, or application of commercial fertilizers or soil amendments, except that a local government may enter into a cooperative agreement with the department of agriculture concerning the use and application of commercial fertilizers or soil amendments. This subsection is not intended to prevent or restrict a local government from adopting or implementing zoning regulations or fire codes governing the physical location or siting of fertilizer manufacturing, storage, and sales facilities.

(16) subject to 80-5-136 (10), any power to regulate the cultivation, harvesting, production, processing, sale, storage, transportation, distribution, possession, use, and planting of agricultural seeds or vegetable seeds as defined in 80-5-120 . This subsection is not intended to prevent or restrict a local government from adopting or implementing zoning regulations or building codes governing the physical location or siting of agricultural or vegetable seed production, processing, storage, sales, marketing, transportation, or distribution facilities.

(17) any power that prohibits the operation of a mobile amateur radio station from a motor vehicle, including while the vehicle is in motion, that is operated by a person who holds an unrevoked and unexpired official amateur radio station license and operator's license, "technician" or higher class, issued by the federal communications commission of the United States;

(18) subject to 76-2-240 and 76-2-340 , any power that prevents the erection of an amateur radio antenna at heights and dimensions sufficient to accommodate amateur radio service communications by a person who holds an unrevoked and unexpired official amateur radio station license and operator's license, "technician" or higher class, issued by the federal communications commission of the United States;

(19) any power to require a fee and a permit for the movement of a vehicle, combination of vehicles, load, object, or other thing of a size exceeding the maximum specified in 61-10-101 through 61-10-104 on a highway that is under the jurisdiction of an entity other than the local government unit;

(20) any power to enact an ordinance governing the private use of an unmanned aerial vehicle in relation to a wildfire;

(21) any power as prohibited in 7-1-121 (2) affecting, applying to, or regulating the use, disposition, sale, prohibitions, fees, charges, or taxes on auxiliary containers, as defined in 7-1-121 (4);

(22) any power that provides for fees, taxation, or penalties based on carbon or carbon use in accordance with 7-1-116 ;

(23) any power to require an employer, other than the local government unit itself, to provide an employee or class of employees with a wage or employment benefit that is not required by state or federal law;

(24) any power to enact an ordinance prohibited in 7-5-103 or a resolution prohibited in 7-5-121 and any power to bring a retributive action against a private business owner as prohibited in 7-5-103 (2)(d)(iv) and 7-5-121 (2)(c)(iv);

(25) any power to prohibit the sale of alternative nicotine products or vapor products as provided in 16-11-313 (1);

(26) any power to control the amount of rent charged for private residential or commercial property. Private residential property does not include property in which the local government unit has a property interest or in which the local government unit has an interest through a housing authority.

(27) any power to require additional licensing when the state is the original issuer of the license;

(28) any power to prohibit or impede the connection or reconnection of an electric, natural gas, propane, or other energy or utility service provided by a public utility, municipal utility, cooperative utility, or other energy or fuel provider;

(29) any power to prohibit the purchase or use of any fuel derived from petroleum, including but not limited to methane, propane, gasoline, and diesel fuel, or the installation or use of any vehicles, vessels, tools, or commercial and residential appliances that burn or transport petroleum fuels;

(30) any power to require that buildings be constructed to have solar panels or wiring, batteries, or other equipment for solar panels or electric vehicles; or

(31) any power related to an extreme risk protection order pursuant to 7-1-118 .
Mont. Code Ann. § 7-2-4736 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4736
7-2-4736 Preservation of existing garbage or solid waste service in event of annexation
Status: in_force

7-2-4736 . Preservation of existing garbage or solid waste service in event of annexation. A municipality that annexes or incorporates additional area within the service area of a motor carrier authorized by the public service commission to provide that service may not provide exclusive garbage and solid waste disposal service or impose charges or assessments for services not provided to any person or business located in the annexed or incorporated area except upon a proper showing to the public service commission that the existing carrier is unable to or refuses to provide adequate service to the annexed or incorporated area.
Mont. Code Ann. § 7-33-4125 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4125
7-33-4125 Reduction and subsequent increase in number of firefighters based on seniority
Status: in_force

7-33-4125 . Reduction and subsequent increase in number of firefighters based on seniority. (1) If the council at any time reduces the number of firefighters in the fire department, those most recently appointed must be selected for retirement from the fire department. The city or town clerk shall keep a list of the retired firefighters.

(2) If the number of firefighters is again increased by the council, the individuals on the list must be called into service, with the longest serving firefighters being first selected for service in the fire department.
Mont. Code Ann. § 7-15-4256 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4256
7-15-4256 Restriction on operation of certain utility services by municipality
Status: in_force

7-15-4256 . Restriction on operation of certain utility services by municipality. Nothing in this part or part 43 shall be construed to authorize any municipality to construct or operate, as a part of any urban renewal project, any electric generation plant, electric transmission or distribution lines, or other public utility facilities, excepting waterlines and sewerlines then operated by municipalities.
Mont. Code Ann. § 7-14-4634 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4634
7-14-4634 Charges for use of parking facilities
Status: in_force

7-14-4634 . Charges for use of parking facilities. (1) The commission shall fix the rates, fees, and all other charges to be made for all projects, services, or facilities furnished, acquired, constructed, or completed under this part for the use thereof by any persons or public or private agencies utilizing such projects, services, or facilities. Subject to such contractual obligations as may be entered into by the commission and the holders of the revenue bonds issued under this part, the commission is authorized to change such rates, charges, and fees from time to time as conditions warrant.

(2) All rates, fees, and charges shall be at all times fixed to yield annual revenue which together with other revenue shall be equal to annual operating and maintenance expenses, including insurance costs, and all redemption payments and interest charges on the revenue bonds at any time issued and outstanding in connection with the project of which such facilities are a part as the same become due.

(3) The commission may provide that the rates, fees, and charges established are minimum rates, fees, and charges and subject to increase or decrease in accordance only with the terms of the indenture under which the revenue bonds were issued.
Mont. Code Ann. § 7-31-115 — MT Code / Title 7 / Chapter 31 / Part 1 / Section 7-31-115
7-31-115 Disbursement of money
Status: in_force

7-31-115 . Disbursement of money. Money in the sanitary coupon bond fund shall not be paid out or disbursed except upon warrants or orders drawn thereon by the board of county commissioners or council of such incorporated city or town, signed and attested in the manner provided by law.
Mont. Code Ann. § 7-11-205 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-205
7-11-205 Limitation on number of interlocal cooperation commissions
Status: in_force

7-11-205 . Limitation on number of interlocal cooperation commissions. Only one commission may be established in a county at any one time.
Mont. Code Ann. § 7-5-2108 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2108
7-5-2108 County work week
Status: in_force

7-5-2108 . County work week. All full-time salaried county employees shall work a minimum of 40 hours per week.
Mont. Code Ann. § 7-13-153 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-153
7-13-153 Transfers to reserve fund considered as loans
Status: in_force

7-13-153 . Transfers to reserve fund considered as loans. The amount or amounts transferred under 7-13-152 shall be deemed and considered as loans from the operation and maintenance fund to the reserve fund.
Mont. Code Ann. § 7-2-4704 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4704
7-2-4704 Definitions
Status: in_force

7-2-4704 . Definitions. The following terms when used in this part have the following meanings except when the context clearly indicates a different meaning:

(1) "Contiguous" means any area that, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right-of-way, a creek or river, the right-of-way of a railroad or other public service corporation, lands owned by the city or some other political subdivision, or lands owned by the state.

(2) "Municipality" means any incorporated city or town.

(3) "Real property owner" means a person who holds an estate of life or inheritance in real property or who is the purchaser of an estate of life or inheritance in real property under a contract for deed, some memorandum of which has been filed in the office of the county clerk.
Mont. Code Ann. § 7-13-2322 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2322
7-13-2322 Term of bonds
Status: in_force

7-13-2322 . Term of bonds. The maximum term of bonds shall not exceed 40 years.
Mont. Code Ann. § 7-7-2214 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2214
7-7-2214 Citizen bonds -- procedure when issue not fully subscribed
Status: in_force

7-7-2214 . Citizen bonds -- procedure when issue not fully subscribed. If an entire issue of bonds is not fully subscribed during the period of time that the county has set for the sale of the bonds, the citizen bonds may be sold in the manner permitted for other county general obligation bonds.
Mont. Code Ann. § 7-3-1314 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1314
7-3-1314 Payment and investigation of claims -- use of warrants
Status: in_force

7-3-1314 . Payment and investigation of claims -- use of warrants. (1) A claim against the municipality may not be paid except by means of a warrant on the treasury issued by the director of finance. The director of finance may not issue a warrant for the payment of a claim unless the claim is evidenced by a voucher approved by the head of the department or office for which the indebtedness was incurred. The officer and the officer's surety are liable to the municipality for all loss or damage sustained by reason of the officer's negligent or corrupt approval of a claim.

(2) (a) The director of finance shall examine all payrolls, bills, and other claims and demands against the municipality and may not issue a warrant for payment unless the director finds that:

(i) the claim is in proper form, correctly computed, and approved;

(ii) the claim is legally due and payable; and

(iii) an appropriation has been made for the claim that has not been exhausted.

(b) The director of finance may investigate any claimant and for that purpose may summon any officer, agent, or employee of the municipality or any claimant or other person and examine the person upon oath or affirmation concerning the claim. If the director finds a claim to be fraudulent, erroneous, or otherwise invalid or that the appropriation out of which the claim is payable has been exhausted, the director may not issue a warrant for the claim. If the director of finance issues a warrant on the treasury authorizing payment of any claim in contravention of the provisions of this subsection (2), the director and the director's sureties are individually liable to the municipality for the amount of the warrant if paid.
Mont. Code Ann. § 7-15-4202 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4202
7-15-4202 Existence of blighted areas and resulting problems -- statement of policy
Status: in_force

7-15-4202 . Existence of blighted areas and resulting problems -- statement of policy. (1) The legislature finds and declares blighted areas exist within municipalities of the state that:

(a) are injurious to the public health, safety, and welfare of the residents of the state;

(b) contribute to the spread of crime and depreciation of property values;

(c) constitute an economic and social liability;

(d) substantially impair the growth of communities;

(e) constitute an impediment to developing and maintaining adequate housing; and

(f) aggravate traffic problems and hazards.

(2) Elimination of blighted areas is a matter of state policy and state concern so that the state and its municipalities do not continue to be endangered by areas that are focal centers of disease and crime, are conducive to fires, are difficult to police and to provide police protection for, and, while contributing little to the tax income of the state and its municipalities, consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization, sanitation, and other forms of public protection, services, and facilities.

(3) The state's tax increment financing laws must be used to encourage the development or redevelopment of blighted areas.
Mont. Code Ann. § 7-32-2105 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2105
7-32-2105 Probationary period for deputy sheriff
Status: in_force

7-32-2105 . Probationary period for deputy sheriff. Any person whose term of employment as a deputy sheriff commences subsequent to March 2, 1967, shall serve a 1-year probationary period, and during this 1-year period the employment of any such deputy may be terminated by the sheriff with or without cause and without recourse to the sheriff under the terms of 7-32-2104 through 7-32-2110 .
Mont. Code Ann. § 7-3-4432 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4432
7-3-4432 Accounting procedures
Status: in_force

7-3-4432 . Accounting procedures. Accounting procedures must be devised and maintained for the municipality that are adequate to record in detail all transactions affecting the acquisition, custodianship, and disposition of values, including cash receipts and disbursements. The accounting procedures must conform to the methods and standards provided for in 2-7-504 and Title 7, chapter 6, part 6. The recorded facts must be presented periodically to officials and to the public in summaries and analytical schedules in detailed support of the summaries that may be necessary to show the full effect of the transactions for each fiscal year upon the finances of the municipality and in relation to each department of the municipal government, including distinct summaries and schedules for each publicly owned and operated utility.
Mont. Code Ann. § 7-4-4114 — MT Code / Title 7 / Chapter 4 / Part 41 / Section 7-4-4114
7-4-4114 Municipal executive officers
Status: in_force

7-4-4114 . Municipal executive officers. (1) The executive officers of a city or town are the mayor, the marshal (if there is one), and such officers as the council may provide for assessment; collecting, auditing, safekeeping, and disbursing the revenue; and keeping the records and journals of the city or town.

(2) The mayor is the chief executive officer of the city or town.
Mont. Code Ann. § 7-5-4122 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4122
7-5-4122 Special meetings of council
Status: in_force

7-5-4122 . Special meetings of council. When a special meeting of the council is called under 7-5-4102 (1)(c), the mayor must state by message the object of the meeting, and the business of the meeting must be restricted to the object stated.
Mont. Code Ann. § 7-2-4714 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4714
7-2-4714 Filing of annexation order
Status: in_force

7-2-4714 . Filing of annexation order. (1) The clerk or other officer performing the duties of the clerk of the governing body of a municipality shall promptly make and certify under the seal of the municipal corporation a copy of the record so entered upon the minutes, which document shall be filed with the clerk of the county in which the municipality to which the territory or territories are sought to be annexed is situated.

(2) From and after the date of filing the document in the office of the county clerk or the effective date of the ordinance, whichever is later, the annexation of the territory or territories shall be complete. Thenceforth such annexed territory or territories shall be a part of the municipal corporation and the city or town to which the annexation is made has the power to pass all necessary ordinances pertaining thereto.
Mont. Code Ann. § 7-2-2742 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2742
7-2-2742 Transfer and use of funds of abandoned county
Status: in_force

7-2-2742 . Transfer and use of funds of abandoned county. (1) All money in each of the funds of an abandoned and abolished county shall be transferred to and paid over by the treasurer thereof to the treasurer of the county designated in the petition for abandonment as the county to which its territory is to be attached and become a part and shall be kept and maintained by such treasurer in separate funds in the name of such abandoned and abolished county and, except as provided in subsection (2), used and applied for paying warrants issued against such funds by the abandoned and abolished county prior to the time it ceased to exist and for paying warrants issued against such fund by the board of county commissioners of the county to which it is attached and becomes a part under the provisions of 7-2-2724 and 7-2-2741 and the interest on such warrants.

(2) Money in any bond sinking and interest funds of such abandoned and abolished county shall be used and applied for the sole purpose of paying the interest and principal becoming due on unpaid and outstanding bonds of such county.
Mont. Code Ann. § 7-6-615 — MT Code / Title 7 / Chapter 6 / Part 6 / Section 7-6-615
7-6-615 Authorization to maintain petty cash fund
Status: in_force

7-6-615 . Authorization to maintain petty cash fund. (1) A county or municipal governing body may set aside a sum out of the general fund, which must be known as a petty cash fund. The petty cash fund must be used for the purpose of paying incidental expenses, such as freight charges, express charges, postage, and other similar expenses that must be immediately paid in cash.

(2) In counties that have a county auditor, the county auditor is responsible for expenditures from the petty cash fund. In counties that do not have a county auditor, the county clerk is responsible for expenditures from the petty cash fund.
Mont. Code Ann. § 7-2-2503 — MT Code / Title 7 / Chapter 2 / Part 25 / Section 7-2-2503
7-2-2503 Form of petition
Status: in_force

7-2-2503 . Form of petition. (1) The form of petition for any change of name of a county, as provided in this part, must be substantially as follows:

In the district court of the .... judicial district of the state of Montana, in and for the county of .....

Petition for the change of the name of ............ County

To the honorable district court of the .... judicial district of the state of Montana, in and for the county of ...............

We, the undersigned legal voters of the county of ...., state of Montana, respectfully petition the honorable district court that the name of .... County, Montana, be changed to the name of .... County, Montana.

The reasons for the proposed change of name are as follows (here set out reasons):

We further petition this honorable court to appoint a time for the hearing of this petition and of objections to this petition that may be filed before that date.

Each voter whose signature is affixed certifies that the voter has personally signed this petition and that the residence, post-office address, and voting precinct of the signer are correctly written after the signature.

Name Residence P.O. Address Voting Precinct

Numbered lines for names.

(2) Each sheet for petitioners' signatures must be attached to a full and correct copy of the petition, and the petition may be filed with the clerk of the district court in sections for convenience in handling.
Mont. Code Ann. § 7-4-4106 — MT Code / Title 7 / Chapter 4 / Part 41 / Section 7-4-4106
7-4-4106 Authority to consolidate municipal offices
Status: in_force

7-4-4106 . Authority to consolidate municipal offices. The city or town council may by ordinance consolidate any of the offices, except that of city judge, the appointment to which is made by the mayor with the advice and consent of the council and may require any of the elected officers to perform any of the duties of an appointed officer whose office has been abolished.
Mont. Code Ann. § 7-31-4207 — MT Code / Title 7 / Chapter 31 / Part 42 / Section 7-31-4207
7-31-4207 Exemption for commercial irrigation ditches -- improvement districts for protection from open ditches
Status: in_force

7-31-4207 . Exemption for commercial irrigation ditches -- improvement districts for protection from open ditches. (1) This part does not apply to ditches carrying water used for commercial irrigation purposes.

(2) However, whenever the public interest or convenience may require, a city or town is hereby authorized and empowered to create a special improvement district for the purpose of building, constructing, acquiring by purchase, and maintaining devices intended to protect the safety of the public from open ditches carrying water. Such devices or improvements shall provide access to and shall not be constructed so as to hinder the operation and maintenance of the ditch. The owner or owners of open ditches carrying irrigation or other water shall not be included in any special improvement district under this part for the purpose of assessment to support the special improvement district for the installation, repair, or maintenance of any protective devices.
Mont. Code Ann. § 7-32-2104 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2104
7-32-2104 Qualifications of deputy sheriff
Status: in_force

7-32-2104 . Qualifications of deputy sheriff. (1) A sheriff may not employ an individual as a deputy sheriff unless the individual:

(a) is a graduate of an accredited high school or the equivalent;

(b) is of good moral character;

(c) has never been convicted of a felony;

(d) has not within 5 years immediately preceding the date of employment been affiliated in any manner with a subversive organization; and

(e) has been examined by a physician licensed to practice in the state of Montana within 30 days immediately preceding the date of employment and has been pronounced in good physical condition.

(2) This section is not applicable to any deputy sheriff whose term of employment commenced prior to March 2, 1967.
Mont. Code Ann. § 7-21-3321 — MT Code / Title 7 / Chapter 21 / Part 33 / Section 7-21-3321
7-21-3321 Market master
Status: in_force

7-21-3321 . Market master. In each of the counties of this state wherein the office of county auditor exists, the county auditor shall be ex officio the county market master. In all other counties which may avail themselves of the provisions of this part wherein no office of county auditor is maintained, the county clerk of such county shall be ex officio market master.
Mont. Code Ann. § 7-12-4342 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4342
7-12-4342 Details relating to lighting district bonds and warrants
Status: in_force

7-12-4342 . Details relating to lighting district bonds and warrants. (1) Warrants or bonds issued pursuant to 7-12-4341 must be in the denomination of $100 or fractions or multiples of $100 and may be issued in installments.

(2) The warrants or bonds must be redeemed by the treasurer when there is money available for redemption in the fund against which the warrants or bonds are issued and must bear interest from the date of registration of the warrants or bonds until called for redemption or paid in full, interest to be payable annually on January 1 of each year as expressed by the interest coupon attached to the warrant or bond, which may bear the engraved facsimile signature of the mayor and city clerk.

(3) The warrants or bonds may extend over a period not to exceed 20 years.

(4) The requirements of 7-12-4341 and this section apply to all special improvement lighting districts, including those in the process of formation or to be formed on or after July 1, 1997.
Mont. Code Ann. § 7-4-2705 — MT Code / Title 7 / Chapter 4 / Part 27 / Section 7-4-2705
7-4-2705 Employment of special counsel
Status: in_force

7-4-2705 . Employment of special counsel. The board of county commissioners may employ or authorize the county attorney to employ special counsel to assist in the prosecution of any criminal case pending in the county or to represent the county in any civil action in which the county is a party.
Mont. Code Ann. § 7-12-4338 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4338
7-12-4338 Assessments to have effect of lien
Status: in_force

7-12-4338 . Assessments to have effect of lien. Any special assessment levied and made for any purpose aforesaid, together with all costs and penalties, shall constitute a lien upon and against the property upon which assessment is made and levied from and after the date of the final passage and adoption of the resolution levying the same. The lien can only be extinguished by payment of such assessment, with all penalties, costs, and interest, or otherwise as provided by law.
Mont. Code Ann. § 7-15-4408 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4408
7-15-4408 Voter approval required to create housing authority
Status: in_force

7-15-4408 . Voter approval required to create housing authority. The ordinance authorized by 7-15-4406 (2) is not effective until it has been approved by a majority vote of the registered electors within the city limits voting either at a special election held in conjunction with a regular or primary election or at a general election.
Mont. Code Ann. § 7-3-176 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-176
7-3-176 Election of commission members -- appointments
Status: in_force

7-3-176 . Election of commission members -- appointments. (1) An election to fill the positions on the local government study commission must be held in accordance with 7-3-174 . A primary election may not be held.

(2) The names of study commission candidates who have filed declarations of nomination not later than the filing deadline established in 13-1-403 must be placed on the ballot. There is no filing fee. The election is nonpartisan, and candidates must be listed without party or other designation or slogan. The secretary of state shall prescribe the ballot form for study commissioners.

(3) Candidates for study commission positions must be electors of the local government for which the study commission has been established. The candidates may not be elected officials of the local government.

(4) The number of candidates, equal to the number of study commission positions to be elected, receiving the highest number of votes, which includes votes cast for candidates who have officially filed nominations and votes for write-in candidates, must be declared elected. If there is a tie vote among candidates, the governing body shall decide by lot which candidate will fill the position.

(5) If the number of candidates filing for election is equal to or less than the number of positions to be filled, the election administrator and governing body shall proceed in accordance with 13-1-403 (4) and (5). If the number of study commissioners elected is not equal to the number required to be selected, the presiding officer of the governing body, with the confirmation of the governing body, shall appoint the additional study commissioners within 20 days after the election. An elected official of the local government may not be appointed.
Mont. Code Ann. § 7-34-2131 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2131
7-34-2131 Hospital district bonds and notes authorized
Status: in_force

7-34-2131 . Hospital district bonds and notes authorized. (1) (a) A hospital district may borrow money by the issuance of its bonds to provide funds for payment of part or all of the cost of acquisition, furnishing, equipment, improvement, extension, and betterment of hospital facilities and to provide an adequate working capital for a new hospital.

(b) The amount of bonds issued for the purposes referred to in subsection (1)(a) and outstanding at any time may not exceed 1.4% 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.

(c) The bonds must be authorized, sold, and issued and provisions made for their payment in the manner and subject to the conditions and limitations prescribed for bonds of school districts by Title 20, chapter 9, part 4.

(2) (a) A hospital district may borrow money by the issuance of notes to provide funds to finance the costs described in subsection (1) and to finance the working capital requirements of the district. The notes must be authorized and in a form and terms prescribed by a resolution adopted by the board of trustees. The notes must mature over a term not to exceed 15 years or, if authorized by the electors of the district, a term not to exceed 30 years.

(b) The principal and interest on the notes must be paid from the taxes levied pursuant to 7-34-2133 , exclusive of the taxes levied to pay bonds issued in accordance with subsection (1), and all other revenue of the district. The annual amount of principal and interest payable on notes in any fiscal year must be included in the district's budget for that year.

(c) The notes may be secured by a mortgage of or a security interest in all or part of the district's assets and by a pledge of the taxes and revenue of the district, or either of them.

(d) Notes may not be issued unless the projected annual revenue of the district, including the taxes levied pursuant to 7-34-2133 but exclusive of the taxes levied to pay bonds, is at least equal to the sum of the cost of operating and maintaining the hospital district plus the maximum amount of principal and interest due in any future fiscal year on the notes proposed to be issued and all notes outstanding upon the issuance of the proposed notes.

(3) This section may not be construed to amend or repeal the provisions of Title 50, chapter 6, part 1, allowing the state to apply for and accept federal funds.
Mont. Code Ann. § 7-11-213 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-213
7-11-213 Conduct of business
Status: in_force

7-11-213 . Conduct of business. (1) All meetings of the commission shall be open to the public.

(2) A majority of the members of the commission shall constitute a quorum for the transaction of business.

(3) Each member shall have one vote. A favorable vote by a majority of the entire commission shall be necessary for any action permitted by 7-11-230 , but other actions may be by a majority of those present and voting.

(4) Each commission may adopt such other rules for its proceedings as it deems desirable.
Mont. Code Ann. § 7-6-2603 — MT Code / Title 7 / Chapter 6 / Part 26 / Section 7-6-2603
7-6-2603 Registration of warrants
Status: in_force

7-6-2603 . Registration of warrants. (1) If the fund is insufficient to pay a warrant, it must be registered and paid in the order of its registration.

(2) The county treasurer may not register any county order or warrant in the name of any person other than the payee except at the request of the payee or the payee's agent, assignee, or legal representative, whose authority must be produced to the treasurer in writing.
Mont. Code Ann. § 7-3-4253 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4253
7-3-4253 Department structure and operation
Status: in_force

7-3-4253 . Department structure and operation. (1) The executive and administrative powers, authority, and duties in municipal commission government cities must be distributed into and among departments as follows:

(a) in cities having a mayor and two council members, into three departments:

(i) a department of accounts, finance, and public property;

(ii) a department of public safety and charity; and

(iii) a department of streets, public improvements, and parks;

(b) in cities having a mayor and four council members, into five departments:

(i) a department of public affairs;

(ii) a department of accounts and finance;

(iii) a department of public safety and charity;

(iv) a department of street and public improvements; and

(v) a department of parks and public property.

(2) The council shall determine the powers and duties to be performed by each department of the city, shall prescribe the powers and duties of officers and employees, may assign particular officers and employees to one or more of the departments, may require an officer or employee to perform duties in two or more departments, and may make rules necessary or proper for the efficient and economical conduct of the business of the city.
Mont. Code Ann. § 7-2-2223 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2223
7-2-2223 Procedure to complete creation of county
Status: in_force

7-2-2223 . Procedure to complete creation of county. (1) The board of county commissioners shall immediately file a copy of its resolution, authorized by 7-2-2222 (1) and certified, together with a legal description of the new boundaries of each affected county, in the office of the secretary of state. Ninety days after the date of filing:

(a) the new county is considered to be fully created;

(b) the organization of the new county is considered completed; and

(c) any new county officers, other than the county commissioners and the county clerk, are entitled to enter upon the duties of their respective offices upon qualifying in accordance with law and giving bonds for the faithful performance of their duties, as required by the laws of the state.

(2) The election administrator of the county with which the petition was filed shall immediately make out and deliver to each of the individuals declared and designated to be elected a certificate of election authenticated by the administrator's signature and the seal of the county. The individuals elected members of the board and the county clerk shall, immediately upon receiving their certificates of election, assume the duties of their respective offices.
Mont. Code Ann. § 7-14-2136 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2136
7-14-2136 Penalty for failure to remove encroachment promptly
Status: in_force

7-14-2136 . Penalty for failure to remove encroachment promptly. If the encroachment is not removed immediately or removal is not diligently conducted, the one who causes, owns, or controls the encroachment is subject to a penalty of $100 for each day the encroachment continues.
Mont. Code Ann. § 7-12-4252 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4252
7-12-4252 Judicial determination of validity of proceedings -- petition
Status: in_force

7-12-4252 . Judicial determination of validity of proceedings -- petition. (1) Within 10 days after the adoption of the resolution providing for the issuance of bonds under 7-12-4241 through 7-12-4258 , the council may file a petition in the district court of the judicial district wherein said city or town is located to determine the validity of the proceedings theretofore had relative to the issuance of said bonds, the creation of the supplemental revolving fund, and the levy of a special assessment.

(2) The petition shall set forth generally the facts in reference to the improvement, the creation of the supplemental revolving fund, and the issuance of bonds and shall have as exhibits thereto certified copies of the ordinances and resolutions and shall pray for confirmation of the proceedings and of the bond issue and the special assessments, if theretofore levied.
Mont. Code Ann. § 7-15-4423 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4423
7-15-4423 Resolution to dissolve housing authority
Status: in_force

7-15-4423 . Resolution to dissolve housing authority. (1) When a housing authority is subject to dissolution as provided in 7-15-4422 , the council may, at any regular meeting of the council, without any previous notice, and in its discretion, adopt a resolution declaring that:

(a) dwelling accommodations in the city and surrounding area are such that there is no need for the construction of any housing project;

(b) the need for the creation of a housing authority no longer exists; and

(c) the same be disbanded and dissolved.

(2) The resolution shall be spread upon the minutes of the meeting of the council. Thereupon, a copy of the said resolution shall be duly certified by the mayor and city clerk and filed for record in the office of the secretary of state, whereupon the housing authority shall be dissolved and all functions thereof cease and the commissioners thereof discharged from any further duties or powers.
Mont. Code Ann. § 7-15-4417 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4417
7-15-4417 Initial funding of housing authority
Status: in_force

7-15-4417 . Initial funding of housing authority. Immediately after the incorporation of a housing authority, the council or other governing body of a first- or second-class city included within the territorial boundaries of the authority:

(1) shall make an estimate of the amount of money necessary for the administrative expenses and overhead of the housing authority during the first year following the incorporation of the housing authority;

(2) shall appropriate such amount to the authority out of any money in the city treasury not appropriated to some other purpose; and

(3) shall cause the money so appropriated to be paid the authority as a donation.
Mont. Code Ann. § 7-14-2522 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2522
7-14-2522 County bridge bonds authorized
Status: in_force

7-14-2522 . County bridge bonds authorized. (1) Each board may issue, negotiate, and sell coupon bonds on the credit of the county:

(a) to construct, improve, or acquire rights-of-way for public bridges;

(b) to refund, pay, and redeem optional, redeemable, or maturing bridge bonds when there are not sufficient funds available and it is considered in the best interests of the county to refund the bonds.

(2) The bonds must be issued as provided in 7-7-2201 .
Mont. Code Ann. § 7-22-2113 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2113
7-22-2113 Minutes
Status: in_force

7-22-2113 . Minutes. The board administering and operating the district shall submit the minutes of its proceedings for electronic storage as provided in 7-1-204 .
Mont. Code Ann. § 7-3-4213 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4213
7-3-4213 Election for first city officers
Status: in_force

7-3-4213 . Election for first city officers. (1) If a majority of the votes cast at the election is in favor of reorganization, the city council shall, at its first regular meeting held after the election, order a special election to be held for the purpose of electing a mayor and the number of council members to which the city is entitled. The order must specify the time of holding the election, which must be held in conjunction with a regular or primary election. The mayor shall issue a proclamation setting forth the purposes for which the special election is called and the day of holding the election. The proclamation must be published for 10 successive days in each daily newspaper published in the city if there is a daily newspaper or once a week for 2 consecutive weeks in each weekly newspaper published in the city. A copy of the proclamation must be posted at each voting place within the city and in at least 10 of the most public places in the city.

(2) The election must be conducted, the vote must be canvassed, and the result must be declared in the same manner as provided by law in respect to other city elections.
Mont. Code Ann. § 7-3-4325 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4325
7-3-4325 Effective date of ordinance or resolution
Status: in_force

7-3-4325 . Effective date of ordinance or resolution. (1) All ordinances are effective 30 days after the date of their passage by the commission except as otherwise provided in this part or part 44.

(2) All resolutions are immediately effective unless a delayed effective date is specified in the resolution.

(3) The commission may, by an affirmative vote of two-thirds of all the members, pass emergency measures to take effect at the time indicated in the measure.
Mont. Code Ann. § 7-12-4180 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4180
7-12-4180 Improvement district maintenance fund
Status: in_force

7-12-4180 . Improvement district maintenance fund. The money collected from the assessment provided for in 7-12-4179 shall be paid into a fund known as special improvement district No. .... maintenance fund, the number of which shall correspond with the number of the special improvement district in which the improvements so maintained are situated.
Mont. Code Ann. § 7-14-2134 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2134
7-14-2134 Removal of highway encroachment
Status: in_force

7-14-2134 . Removal of highway encroachment. (1) Except as clarified in 23-2-312 and 23-2-313 and except as provided in subsection (5) of this section, if any highway is encroached on by a gate, fence, building, or otherwise, the road supervisor or county surveyor of the district shall give notice, orally or in writing, requiring the encroachment to be removed from the highway.

(2) If the encroachment obstructs and prevents the use of the highway for vehicles, the road supervisor or county surveyor shall immediately remove the encroachment.

(3) The board of county commissioners may at any time order the road supervisor or county surveyor to immediately remove any encroachment.

(4) An individual may petition the board in writing to have the encroachment removed from a highway that is a county road as defined in 7-14-2101 (4)(b)(i), (4)(b)(ii), or (4)(b)(iii).

(5) This section does not apply to a fence for livestock control or property management that is in a county road right-of-way and that is attached to or abuts a county road bridge edge, guardrail, or abutment if the fence and bridge appurtenances are not on the roadway, as defined in 61-1-101 . Any fence described in this subsection must comply with 23-2-313 .

(6) An encroachment may be permitted by the board of county commissioners. A permit issued under this subsection (6) must be issued by the board of county commissioners after evaluating the written request in a public meeting. Encroachment permits issued by the board of county commissioners may be revoked by giving, at a minimum, 30 days' notice to the permittee in the event the encroachment interferes with the public use or maintenance of the road. In the event of an emergency, an encroachment may be removed with no notice to the permittee.
Mont. Code Ann. § 7-33-4131 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4131
7-33-4131 Firefighter's rights in event of city-county consolidation
Status: in_force

7-33-4131 . Firefighter's rights in event of city-county consolidation. A firefighter employed by a fire department established as required by law in a city or town of the county prior to the election and qualification of a commission under part 11 or parts 12 and 13 of chapter 3 or other acts of consolidation or disincorporation has the same job tenure rights as though no election and qualification had taken place.
Mont. Code Ann. § 7-13-2321 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2321
7-13-2321 Procedure to incur bonded indebtedness
Status: in_force

7-13-2321 . Procedure to incur bonded indebtedness. (1) Whenever the board of directors considers it necessary for the district to incur a bonded indebtedness, other than for indebtedness to refund bonded indebtedness as provided for in 7-13-2332 or revenue or special indebtedness incurred pursuant to 7-13-2333 , it shall by resolution state the purpose for the proposed debt, the land within the district to be benefited, the amount of debt to be incurred, the maximum term for the proposed bonds before maturity, and the proposition to be submitted to the qualified electors.

(2) If no qualified electors reside in the district at the time of adoption of the resolution or if the proposition is approved by all of the real property owners in the district to be benefited in a certificate of approval to be presented to the board of directors, the board of directors may incur the bonded indebtedness without an election. The board of directors may by resolution, at times that it considers proper, provide for the form and execution of the bonds and for their issuance.
Mont. Code Ann. § 7-13-2234 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2234
7-13-2234 Term of office
Status: in_force

7-13-2234 . Term of office. (1) The term of office of a director begins on the first Monday of the month following the date of the director's election or appointment. A director, elected or appointed, shall hold office until the term of office of the director's successor begins.

(2) Except as provided in subsection (3), the term of office of a director must be 4 years.

(3) (a) In districts requiring the election of five directors, three of the initial directors shall serve for a term of 2 years and two of the initial directors shall serve for a term of 4 years.

(b) In districts requiring the election of three directors, one initial director shall serve for a term of 2 years and two initial directors shall serve for a term of 4 years.

(c) At the first meeting following an initial election or appointment of directors, the directors shall determine by lot who shall serve a 2-year term.

(4) Directors to be first appointed under the provisions of part 23 and this part must be appointed within 90 days after the formation of the district.
Mont. Code Ann. § 7-3-4415 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4415
7-3-4415 Prohibition on discrimination in employment
Status: in_force

7-3-4415 . Prohibition on discrimination in employment. No person in the classified service or seeking admission thereto may be appointed, reduced, removed, or in any way favored or discriminated against because of political opinions or affiliations or because of race, color, creed, or religion.
Mont. Code Ann. § 7-6-4002 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4002
7-6-4002 Definitions
Status: in_force

7-6-4002 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Governing body" means the elected body responsible for the administration of a local government.

(2) "Local government" has the meaning provided in 7-6-602 .

(3) "Municipality" means an incorporated city or town.

(4) "Working capital" means the current assets of a fund minus the current liabilities and designated reserves of a fund.
Mont. Code Ann. § 7-1-4140 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4140
7-1-4140 Facsimile signature
Status: in_force

7-1-4140 . Facsimile signature. Any officer or employee may use a facsimile signature or seal as provided in Title 2, chapter 16.
Mont. Code Ann. § 7-2-4716 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4716
7-2-4716 Effect of annexation
Status: in_force

7-2-4716 . Effect of annexation. (1) From and after the effective date of the annexation ordinance, the territory and its citizens and property shall be subject to all debts, laws, ordinances, and regulations in force in such municipality and shall be entitled to the same privileges and benefits as other parts of such municipality.

(2) The newly annexed territory shall be subject to municipal taxes levied for the fiscal year following the effective date of annexation. Annexed property which is part of a sanitary district or other special service district which has installed water, sewer, or other utilities or improvements paid for by the residents of said district shall not be subject to that part of the municipal taxes levied for debt service for the first 5 years after the effective date of annexation.
Mont. Code Ann. § 7-2-2412 — MT Code / Title 7 / Chapter 2 / Part 24 / Section 7-2-2412
7-2-2412 Fees for transfer of court records
Status: in_force

7-2-2412 . Fees for transfer of court records. (1) Except as provided in 7-2-2803 (4), the clerk of the district court in which an action or proceeding was originally begun is entitled to receive, for transferring the files, papers, and certified copies of the minutes and records entered in connection with the action or proceeding, only a fee at the rate of 20 cents per folio for copies of minutes and 50 cents for a certificate fee.

(2) The clerk of the district court of the county to which files and papers may be transferred in accordance with the provisions of 7-2-2411 is not entitled to any fees for the filing of the transferred records, but for the filing of any papers that may be filed after the transfer in connection with an action or proceeding or for the issuance of any writs or other papers, the clerk is entitled to charge the same fees as provided by law.
Mont. Code Ann. § 7-13-2201 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2201
7-13-2201 Definitions
Status: in_force

7-13-2201 . Definitions. Unless the context clearly requires otherwise, as used in this part and part 23, the following definitions apply:

(1) "Board" or "board of directors" means the board of directors of the district elected or appointed as provided in 7-13-2231 .

(2) "County" means one or more counties and includes a city within the county or counties.

(3) "District" means a district formed under the provisions of this part and part 23. A district is a unit of local government separate and distinct from a municipality, but a district may be treated as a municipality when applying for a grant, a loan, or other financial assistance from the state.

(4) "Municipality" means a municipality or a consolidated city and county, city, or town and includes all corporations organized for municipal purposes within a district.

(5) "Qualified elector" means a person who meets the criteria under 7-13-2212 .
Mont. Code Ann. § 7-33-2202 — MT Code / Title 7 / Chapter 33 / Part 22 / Section 7-33-2202
7-33-2202 Functions of county governing body
Status: in_force

7-33-2202 . Functions of county governing body. (1) The county governing body, with respect to rural fire control, shall carry out the specific authorities and duties imposed in this section.

(2) The governing body shall:

(a) provide for the organization of volunteer rural fire control crews; and

(b) provide for the formation of county volunteer fire companies.

(3) The governing body shall appoint a county rural fire chief and as many district rural fire chiefs, subject to the direction and supervision of the county rural fire chief, that it considers necessary.

(4) Pursuant to 76-13-105 (3), the county governing body shall, within the limitations of 7-33-2205 , 7-33-2206 , 7-33-2208 , and 7-33-2209 , either:

(a) directly protect from fire land in the county that is not in a wildland fire protection district, as provided in 76-13-204 , or under the protection of a municipality, state agency, or federal agency; or

(b) enter into an agreement for wildland fire protection with a recognized agency, as that term is defined in 76-13-102 .

(5) The county governing body may enter into mutual aid agreements for itself and for county volunteer fire companies with:

(a) other fire districts;

(b) unincorporated municipalities;

(c) incorporated municipalities;

(d) state agencies;

(e) private fire prevention agencies;

(f) federal agencies;

(g) fire service areas;

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

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

(6) If the county governing body has not concluded a mutual aid agreement, the county governing body, a representative of the county governing body, or an incident commander may request assistance pursuant to 10-3-209 .
Mont. Code Ann. § 7-6-1602 — MT Code / Title 7 / Chapter 6 / Part 16 / Section 7-6-1602
7-6-1602 Calculation of impact fees -- documentation required -- ordinance or resolution -- requirements for impact fees
Status: in_force

7-6-1602 . Calculation of impact fees -- documentation required -- ordinance or resolution -- requirements for impact fees. (1) For each public facility for which an impact fee is imposed, the governmental entity shall prepare and approve a service area report.

(2) The service area report is a written analysis that must:

(a) describe existing conditions of the facility;

(b) establish level-of-service standards;

(c) forecast future additional needs for service for a defined period of time;

(d) identify capital improvements necessary to meet future needs for service;

(e) identify those capital improvements needed for continued operation and maintenance of the facility;

(f) make a determination as to whether one service area or more than one service area is necessary to establish a correlation between impact fees and benefits;

(g) make a determination as to whether one service area or more than one service area for transportation facilities is needed to establish a correlation between impact fees and benefits;

(h) establish the methodology and time period over which the governmental entity will assign the proportionate share of capital costs for expansion of the facility to provide service to new development within each service area;

(i) establish the methodology that the governmental entity will use to exclude operations and maintenance costs and correction of existing deficiencies from the impact fee;

(j) establish the amount of the impact fee that will be imposed for each unit of increased service demand; and

(k) have a component of the budget of the governmental entity that:

(i) schedules construction of public facility capital improvements to serve projected growth;

(ii) projects costs of the capital improvements;

(iii) allocates collected impact fees for construction of the capital improvements; and

(iv) covers at least a 5-year period and is reviewed and updated at least every 5 years.

(3) The service area report is a written analysis that must contain documentation of sources and methodology used for purposes of subsection (2) and must document how each impact fee meets the requirements of subsection (7).

(4) The service area report that supports adoption and calculation of an impact fee must be available to the public upon request.

(5) (a) Pursuant to subsection (5)(b), the amount of each impact fee imposed must be based on the actual cost of public facility expansion or improvements or reasonable estimates of the cost to be incurred by the governmental entity as a result of new development. The calculation of each impact fee must be in accordance with generally accepted accounting principles.

(b) The initial amount of an impact fee calculated pursuant to this section may not be increased more than the rate of inflation as determined by the producer price index by commodity, all commodities, using the 1982-84 base of 100, as published by the bureau of labor statistics of the United States department of labor. The inflation rate must be determined by comparing the most recently published month producer price index by commodity, all commodities, compared to the same month in the prior year.

(6) The ordinance or resolution adopting the impact fee must include a time schedule for periodically updating the documentation required under subsection (2).

(7) An impact fee must meet the following requirements:

(a) The amount of the impact fee must be reasonably related to and reasonably attributable to the development's share of the cost of infrastructure improvements made necessary by the new development.

(b) The impact fees imposed may not exceed a proportionate share of the costs incurred or to be incurred by the governmental entity in accommodating the development. The following factors must be considered in determining a proportionate share of public facilities capital improvements costs:

(i) the need for public facilities capital improvements required to serve new development; and

(ii) consideration of payments for system improvements reasonably anticipated to be made by or as a result of the development in the form of user fees, debt service payments, taxes, and other available sources of funding the system improvements.

(c) Costs for correction of existing deficiencies in a public facility may not be included in the impact fee.

(d) New development may not be held to a higher level of service than existing users unless there is a mechanism in place for the existing users to make improvements to the existing system to match the higher level of service.

(e) Impact fees may not include expenses for operations and maintenance of the facility.
Mont. Code Ann. § 7-14-214 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-214
7-14-214 Election of members of transportation board
Status: in_force

7-14-214 . Election of members of transportation board. Any registered elector in the district may file a declaration of candidacy with the election administrator of the county where the district is located. A filing fee may not be required. The declaration must be filed as provided in 13-14-113 .
Mont. Code Ann. § 7-3-4401 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4401
7-3-4401 Administrative departments
Status: in_force

7-3-4401 . Administrative departments. (1) The following administrative departments are hereby established:

(a) department of law;

(b) department of public service;

(c) department of public welfare;

(d) department of public safety;

(e) department of finance.

(2) The commission may by ordinance discontinue any or several departments and determine, combine, and distribute the functions and duties of these departments and subdivisions thereof.
Mont. Code Ann. § 7-12-4189 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4189
7-12-4189 Simple interest on assessments
Status: in_force

7-12-4189 . Simple interest on assessments. (1) Except as provided in subsection (3), simple interest must be charged on all special assessments and taxes levied and assessed in accordance with any of the provisions of this part. The simple interest must be charged at an annual rate equal to the sum of:

(a) 1/2 of 1% a year; plus

(b) the average interest rate payable on the outstanding bonds or warrants of the special improvement district at the time the assessment is levied each fiscal year; plus

(c) at the option of the city or town council, up to an additional 1/2 of 1% a year.

(2) The city or town council may subsequently reduce or eliminate the additional interest rate allowed under subsection (1)(c). If the additional interest rate is reduced or eliminated, it may not be subsequently increased or reimposed.

(3) If and so long as the bonds or warrants secured by the assessments bear interest at a variable rate, the installments of assessments remaining unpaid must bear simple interest at an annual rate equal to the sum of:

(a) 1% a year; plus

(b) the interest rate payable on the outstanding bonds or warrants of the rural special improvement district at the time the assessment is levied each fiscal year; plus

(c) to the extent that the interest rate on the bonds or warrants is then less than the maximum rate prescribed for the bonds or warrants or if there is no prescribed maximum rate, up to an additional 1% a year, as may be prescribed by the board of county commissioners in the resolution authorizing the issuance or sale of the bonds or warrants.

(4) The treasurer, in collecting the special assessment taxes if the taxes are payable in one installment, shall collect the interest shown to be due on the taxes by the resolution levying the assessment. If the assessment is payable in installments, the treasurer shall, at the time of collecting the first installment, collect the interest shown to be due on the assessment by the resolution levying the assessment, and the treasurer shall collect with each subsequent installment interest on the amount remaining unpaid.
Mont. Code Ann. § 7-32-2243 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2243
7-32-2243 Contracts for detention center services
Status: in_force

7-32-2243 . Contracts for detention center services. (1) Contracts concerning detention center services and facilities between state or local government units, the state of Montana, or the federal government must be made pursuant to the Interlocal Cooperation Act, Title 7, chapter 11, part 1.

(2) A government unit responsible for a detention center may contract with a government unit of another state for the confinement of lawfully committed inmates in a detention center located in either jurisdiction.
Mont. Code Ann. § 7-2-4732 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4732
7-2-4732 Contents of plan for extension of services
Status: in_force

7-2-4732 . Contents of plan for extension of services. (1) The plans for the extension of services must provide a long-range plan for extension of services and the acquisition of properties outside the corporate limits. This plan must show anticipated development a minimum of 5 years into the future, showing on a yearly basis how the municipality plans to extend services and develop and add sections to the city.

(2) The plans must:

(a) provide for extending police protection, fire protection, garbage collection, and streets and street maintenance services to the area to be annexed on substantially the same basis and in the same manner as those services are provided within the rest of the municipality prior to annexation;

(b) provide for future extension of streets and major trunk water mains, sewer outfall lines, and other utility services into the area to be annexed, so that when the streets and utility lines become necessary and are constructed, property owners in the area to be annexed will be able to secure the services, according to the policies in effect in the municipality for extending the services to individual lots or subdivisions;

(c) if extension of streets and water, sewer, or other utility lines into the area to be annexed is necessary, set forth a proposed timetable for construction of the streets and utility lines.

(3) A method must be set forth by which the municipality plans to finance extension of services into the area to be annexed. If the area is serviced currently by adequate water and sewage services, streets, curbs, and gutters and capital improvements are not needed to provide adequate services stipulated by this section and 7-2-4731 , the municipality shall provide the area to be annexed with a plan of how they plan to finance other services to be included within the district--mainly, police protection, fire protection, garbage collection, street, and street maintenance services, as well as continued utility service.

(4) In this annexation plan, it must be clearly stated that the entire municipality tends to share the tax burden for these services, and if so, the area may be annexed without a bond issue under the provisions of this part.

(5) If a county, special district, or improvement district currently provides services to the area to be annexed, the plan must provide specific steps for the orderly transfer of those services, including police protection, fire protection, garbage collection, street and street maintenance services, and utility services. The plan for the transfer of services must be developed in consultation with the governing body of the county and with any other departments of the county, special districts, or improvement districts that have been providing services to the area proposed to be annexed.
Mont. Code Ann. § 7-12-4137 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4137
7-12-4137 Protest procedures for property created as condominium
Status: in_force

7-12-4137 . Protest procedures for property created as condominium. (1) Whenever property created as a condominium is included within the boundaries of a proposed district and the proposed work or the creation of the district relates to or affects property created as a condominium, and not solely a certain unit in the condominium, the owner of the property created as a condominium that is entitled to protest under this part is collectively the owners of all units having an undivided ownership interest in the common elements of the condominium.

(2) An owner of property created as a condominium may protest against the proposed work or against the extent or creation of the district to be assessed, or both, only through a president, vice president, secretary, or treasurer of the condominium owners' association who timely presents to the clerk of the city or town council or commission in accordance with 7-12-4110 :

(a) a writing identifying the condominium property;

(b) the condominium declaration or other condominium document that shows how votes of unit owners in the condominium are calculated;

(c) original signatures of owners of units in the condominium having an undivided ownership interest in the common elements of the condominium sufficient to constitute an affirmative vote for an undertaking relating to the common elements under the condominium declaration; and

(d) a certificate signed by the president, vice president, secretary, or treasurer of the condominium owners' association certifying that the votes of the unit owners as evidenced by the signatures of the owners are sufficient to constitute an affirmative vote of the condominium owners' association to protest against the proposed work or against the extent or creation of the district, or both.

(3) Each holder of title to a unit in a condominium that is within a proposed district is entitled to notice of the passage of the resolution of intention as provided in this part, and if the district is created and assessments levied, assessments must be levied against the units in the condominium as provided in this part.
Mont. Code Ann. § 7-12-2172 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2172
7-12-2172 Procedure to issue bonds and warrants
Status: in_force

7-12-2172 . Procedure to issue bonds and warrants. (1) Subject to subsection (2), the board of county commissioners shall sell bonds or warrants issued under the provisions of 7-12-2169 and 7-12-2171 through 7-12-2174 , in an amount sufficient to pay that part of the total cost and expense of the improvements that is to be assessed against the benefited property within the district, to the highest and best bidder for cash, at a price, including interest to date of delivery, not less than that prescribed by the board in the resolution calling for the sale of the bonds or warrants. The board may fix the minimum price for the bonds or warrants in an amount not less than 97% of the face value of the bonds or warrants if it determines that the sale is in the best interests of the district and the county.

(2) The bonds or warrants may be sold at a private negotiated sale as determined by the board of county commissioners pursuant to 17-5-107 and subject to the requirements of 7-12-2171 .

(3) In all other cases, the provisions of 7-7-4251 , 7-7-4252 , and 7-7-4254 that relate to the notice of sale, publication of notice, and manner and method of selling bonds by cities and towns, when applicable and not in conflict with the provisions of 7-12-2173 and this section, apply to, govern, and control the form of notice of sale, publication of notice, and manner and method of selling bonds or warrants.
Mont. Code Ann. § 7-4-2636 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2636
7-4-2636 Standards for recorded documents -- exemptions
Status: in_force

7-4-2636 . Standards for recorded documents -- exemptions. (1) Unless accompanied by the appropriate fee required in 7-4-2637 , a document submitted for recording must:

(a) be legibly printed or typed in blue or black ink on white paper that is either 8 1/2 x 11 inches or 8 1/2 x 14 inches in size;

(b) provide the names of the parties to the conveyance on the first or second page of any document with more than one page;

(c) provide a description of the property if the document conveys an interest in real property;

(d) have all signatures, initials, dates, or handwriting in blue or black ink;

(e) except as provided in subsection (1)(f) and except for page numbers, initials, or other designations, have margins that are clear of all markings in the following dimensions:

(i) at least 3 inches at the top of the first page and at least 1 inch at the top of the second and any subsequent pages;

(ii) at least 1 inch on the bottom of each page;

(iii) at least 1/2 inch on the sides of each page; and

(f) include the name and mailing address of the person to whom the document is to be returned in the upper left-hand corner of the first page between the 1/2-inch side margins of each document submitted and may include legibly printed or typed transactional information.

(2) (a) Except as provided in subsection (2)(b), only documents submitted for recording and filing that conform to the provisions of this section are considered standard documents for the purposes of 7-4-2637 .

(b) Documents that are acknowledged as having been executed prior to April 28, 2007, must be accepted for recording and considered standard documents, regardless of whether they conform to the provisions of this section.

(3) (a) An acknowledgment by a notary is exempt from the color and margin requirements of this section.

(b) Page numbers, the name and mailing address of the person to whom the document is to be returned, and other administrative information or designations may appear in the margins.

(c) If the notarial seal is made by impression of an embosser, the seal is exempt from the margin requirements of this section.

(4) An officially certified court or other government document, whether from an in-state or out-of-state office, is exempt from the provisions of this section.
Mont. Code Ann. § 7-13-4313 — MT Code / Title 7 / Chapter 13 / Part 43 / Section 7-13-4313
7-13-4313 Illegal use of water or sewer system
Status: in_force

7-13-4313 . Illegal use of water or sewer system. Any person, firm, or corporation residing either inside or outside of the corporate limits of a city owning a municipal water system and/or a municipal sewer system which furnishes water or sewer services as a public utility who shall willfully turn on the waterline or sewerline after the same shall have been shut off by or under the direction of the city for nonpayment of water charges or sewer charges or who shall unlawfully take water from such water system or shall unlawfully make use of such sewer system shall be guilty of a misdemeanor.
Mont. Code Ann. § 7-34-103 — MT Code / Title 7 / Chapter 34 / Part 1 / Section 7-34-103
7-34-103 Manner of providing ambulance service
Status: in_force

7-34-103 . Manner of providing ambulance service. (1) If a county, city, or town establishes or maintains ambulance service, acting through its governing board it:

(a) may operate the ambulance service itself or contract for ambulance service;

(b) may buy, rent, lease, or otherwise contract for vehicles, equipment, facilities, operators, or attendants;

(c) may sell ambulance service insurance or contract with a third-party entity to sell ambulance service insurance to persons who use the ambulance service that covers the cost of the ambulance service that is not otherwise covered;

(d) may adopt rules and establish fees or charges for the furnishing of an ambulance service; and

(e) shall, if the service does not provide workers' compensation coverage, annually notify the service's volunteer emergency care providers that coverage is not provided.

(2) A county, city, or town that directly sells ambulance service insurance or that remains liable for the financial risk pursuant to insurance sold by a third party under contract with the county, city, or town is exempt from Title 33, except for the provisions provided in 33-18-201 and 33-18-242 .
Mont. Code Ann. § 7-35-2140 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2140
7-35-2140 Effect of failure to renew bond
Status: in_force

7-35-2140 . Effect of failure to renew bond. Any failure to renew bonds within 30 days after the time hereinbefore provided shall be a sufficient ground for the removal of any trustee within the discretion of the district court.
Mont. Code Ann. § 7-13-4101 — MT Code / Title 7 / Chapter 13 / Part 41 / Section 7-13-4101
7-13-4101 Authority to permit laying of utility mains
Status: in_force

7-13-4101 . Authority to permit laying of utility mains. (1) The city or town council has power to permit the use of the streets and alleys, other property, rights-of-way, utility corridors, or easements of the city or town for the purpose of laying down gas, water, and other mains and broadband infrastructure, but excavations may not be made for this purpose without the permission of the council or its authorized officer.

(2) The streets and alleys must be placed in as good condition by the person or corporation making the excavation as they were before the excavation was made and the mains laid down. In default of this, the council may order the same to be done at the expense of the person or corporation.
Mont. Code Ann. § 7-3-412 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-412
7-3-412 Selection of commission members
Status: in_force

7-3-412 . Selection of commission members. The commission must be elected by one of the following methods:

(1) elected at large;

(2) elected by the qualified electors residing in the districts in which candidates reside and which are apportioned by population; or

(3) elected by the qualified electors voting at large for candidates who reside in each district, which are apportioned by population.
Mont. Code Ann. § 7-3-4366 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4366
7-3-4366 Investigatory powers of city manager
Status: in_force

7-3-4366 . Investigatory powers of city manager. The city manager may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. Any person appointed by the city manager to examine the affairs of any department or the conduct of any officer or employee has the same power to compel the attendance of witnesses and the production of books and papers and other evidence as is conferred upon the commission by this part.
Mont. Code Ann. § 7-8-2216 — MT Code / Title 7 / Chapter 8 / Part 22 / Section 7-8-2216
7-8-2216 Sale of county property to school district
Status: in_force

7-8-2216 . Sale of county property to school district. (1) The board of county commissioners shall have the power to sell directly to the school district, without the necessity of a public auction, any personal property, however acquired, that belongs to the county and that is not necessary to the conduct of the county's business or the preservation of its property, for its appraised value, which must represent a fair market value of the property.

(2) If the property to be sold to the school district is reasonably of a value in excess of $2,500, notice of the sale must be given by publication as provided in 7-1-2121 .
Mont. Code Ann. § 7-13-2305 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2305
7-13-2305 Legal sufficiency of notice
Status: in_force

7-13-2305 . Legal sufficiency of notice. The legislature hereby finds, determines, and declares that the giving of notice in accordance with 7-13-2304 (2) is reasonably calculated to inform the owners of taxable real property located within the boundaries of the district of the hearing provided for in 7-13-2306 (4) and that the giving of any further notice is impracticable and is unnecessary to the assurance of due process of law to such property owners.
Mont. Code Ann. § 7-6-617 — MT Code / Title 7 / Chapter 6 / Part 6 / Section 7-6-617
7-6-617 Payment of fees and taxes by credit card and other commercially acceptable means
Status: in_force

7-6-617 . Payment of fees and taxes by credit card and other commercially acceptable means. (1) A local government entity may accept payment by credit card, debit card, charge card, or other commercially acceptable means from a person making payment to the entity of taxes or fees that are legally authorized and imposed.

(2) (a) If the payment is made by credit card, debit card, charge card, or similar method, the tax or fee liability is not discharged and the person has not paid the tax or fee until the local government entity receives payment or credit from the institution responsible for making the payment or credit. Upon receipt of the payment or credit, the amount is considered paid on the date on which the charge was made by the person paying the tax or fee.

(b) Upon notice of nonpayment, the local government entity may charge the person who attempted the payment of the tax or fee an amount not to exceed the costs of processing the claim for payment of the tax or fee. The amount that the local government entity charges must be added to the tax or fee due and collected in the same manner as the tax or fee due.

(3) (a) A person who makes payments to a local government entity as provided in this section may be required to pay a convenience fee of up to 3% of the amount of the payment.

(b) The local government entity shall deposit the convenience fees collected in the appropriate fund.

(4) (a) The local government entity may negotiate and enter into agreements with and pay required fees to financial institutions or credit card companies as necessary to facilitate implementation of this section.

(b) A financial institution or credit card company may not prohibit collection of the convenience fee provided for in subsection (3).

(c) Fees paid to a financial institution or credit card company must be paid from an appropriate fund of the local government entity.

(5) A local government entity may enter into cooperative agreements with state agencies as necessary to carry out the provisions of this section.
Mont. Code Ann. § 7-2-4610 — MT Code / Title 7 / Chapter 2 / Part 46 / Section 7-2-4610
7-2-4610 Provision of services
Status: in_force

7-2-4610 . Provision of services. In all cases of annexation under current Montana law, services must be provided according to a plan provided by the municipality as specified in 7-2-4732 , except:

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

(2) in first-class cities, when otherwise mutually agreed upon by the municipality and the real property owners of the area to be annexed.
Mont. Code Ann. § 7-3-1323 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1323
7-3-1323 Competitive, advertised bidding required for certain contracts
Status: in_force

7-3-1323 . Competitive, advertised bidding required for certain contracts. All contracts entered into by the municipality for supplies or materials, for any public work, or for the construction, reconstruction, repair, maintenance, or operation of any public works or improvements, for which must be paid a sum exceeding $2,000, must be awarded to the lowest responsible bidder after public advertisement and competition as may be prescribed by ordinance, but the manager must have the right to reject all bids and advertise again. All advertisements as to contracts must contain a reservation of the foregoing right. All contracts entered into by the municipality must be signed by the manager after approval of the contracts by the commission. A contract may not be issued in violation of 7-5-4311 regarding a conflict of interest.
Mont. Code Ann. § 7-12-4243 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4243
7-12-4243 Procedure to create and maintain supplemental revolving fund -- election required -- qualified electors defined
Status: in_force

7-12-4243 . Procedure to create and maintain supplemental revolving fund -- election required -- qualified electors defined. (1) (a) A supplemental revolving fund may be created by ordinance, subject to the approval of a majority of the qualified electors voting at an election held in accordance with Title 13, chapter 1, part 5.

(b) As used in 7-12-4241 through 7-12-4258 , "qualified electors" means registered electors of the municipality.

(2) The supplemental revolving fund must be created and maintained solely from the net revenue of parking meters. The ordinance may pledge to the revolving fund all or any part of the net revenue of parking meters owned, leased, rented, or acquired by the city or town. The ordinance must contain any provisions concerning the purchase, control, operation, repair, and maintenance of parking meters, including rates to be charged, and the application of the net revenue from the meters and the management and use of the supplemental revolving fund that the council considers necessary.
Mont. Code Ann. § 7-6-2513 — MT Code / Title 7 / Chapter 6 / Part 25 / Section 7-6-2513
7-6-2513 County public safety levy -- purpose
Status: in_force

7-6-2513 . County public safety levy -- purpose. Subject to 15-10-420 , the board of county commissioners may, annually at the time of levying county taxes, fix and levy a tax on all property within the county for the purpose of providing for the public safety of citizens. The tax must be used to support county law enforcement services and to maintain county detention centers. Money received from the tax must be placed in a special account to be used for the purposes of this section.
Mont. Code Ann. § 7-5-123 — MT Code / Title 7 / Chapter 5 / Part 1 / Section 7-5-123
7-5-123 Effective date of resolutions
Status: in_force

7-5-123 . Effective date of resolutions. All resolutions shall be immediately effective unless a delayed effective date is specified.
Mont. Code Ann. § 7-14-4605 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4605
7-14-4605 Determination of need to create parking commission
Status: in_force

7-14-4605 . Determination of need to create parking commission. The determination as to whether there is need for a commission to function may be made by the legislative body on its own motion or upon the filing of a petition signed by 100 residents of the city asserting that there is need for a commission to function in such city and requesting that the legislative body so declare.
Mont. Code Ann. § 7-7-2255 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2255
7-7-2255 Form and execution of bonds
Status: in_force

7-7-2255 . Form and execution of bonds. (1) At the time of the sale of the bonds or at a meeting held after the sale, the board of county commissioners shall adopt a resolution providing for the issuance of the bonds, prescribing the form of the bonds, whether amortization bonds or serial bonds, providing the manner of execution of the bonds, and if applicable, specifying whether the bonds are tax credit bonds as provided in 17-5-117 , recovery zone economic development bonds or recovery zone facility bonds as provided in 7-7-140 , or qualified energy conservation bonds as provided in 7-7-141 .

(2) Each county bond and each coupon attached to the bond must be signed by or bear the facsimile signatures of the presiding officer of the board of county commissioners and the county treasurer and must be attested by the county clerk, provided that one signature of a county official or the bond registrar must be a manual signature. Each bond may have the county seal or its facsimile imprinted on the bond.
Mont. Code Ann. § 7-5-4310 — MT Code / Title 7 / Chapter 5 / Part 43 / Section 7-5-4310
7-5-4310 Use of public auction to make purchase
Status: in_force

7-5-4310 . Use of public auction to make purchase. In lieu of soliciting bids, the council may purchase at public auction any vehicle, machinery, appliances, apparatus, building, or materials and supplies for which must be paid a sum of $50,000 or less.
Mont. Code Ann. § 7-4-2613 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2613
7-4-2613 Documents subject to recording
Status: in_force

7-4-2613 . Documents subject to recording. (1) The county clerk shall, upon the payment of the appropriate fees, record by printing, typewriting, photographic, micrographic, or electronic process or by the use of prepared blank forms:

(a) (i) subject to subsection (1)(a)(ii), deeds, grants, transfers, certified copies of final judgments or decrees partitioning or affecting the title or possession of real property any part of which is situated in the county, contracts to sell or convey real estate and mortgages of real estate, releases of mortgages, reconveyances by trustees of deeds of trust, assignments of mortgages and deeds of trust, powers of attorney to convey real estate, leases that have been acknowledged or proved, and abstracts of the instruments that have been acknowledged or proved;

(ii) an instrument or deed evidencing either a division of real property or a merger of real property only if the instrument or deed is accompanied by a certification from the county treasurer that taxes and special assessments that have been assessed and levied have been paid;

(b) notices of buyer's interest in real property, notwithstanding any other requirement of law or rule relating to eligibility for recording of the deed, contract for deed, or other document relating to the notice of buyer's interest. However, if the instrument of conveyance underlying a notice of buyer's interest would be unrecordable, the clerk and recorder shall notify the buyer by certified mail that the underlying instrument is unrecordable and may be void.

(c) an acknowledged statement indicating that the holder of a nonprobate interest in real property is deceased. A nonprobate interest in real property is a joint tenancy interest or a life estate interest. The acknowledged statement must contain:

(i) a statement that the holder of the nonprobate interest has died and that the holder's interest in the property is terminated; and

(ii) a legal description of the property.

(d) certificates of births and deaths;

(e) wills devising real estate admitted to probate;

(f) official bonds;

(g) transcripts of judgments that by law are made liens upon real estate;

(h) instruments describing or relating to the individual property of married persons;

(i) all orders and decrees made by the district court in probate matters affecting real estate and that are required to be recorded;

(j) notice of preemption claims;

(k) notice and declaration of water rights;

(l) assignments for the benefit of creditors;

(m) affidavits of annual work done on mining claims;

(n) notices of mining locations and declaratory statements;

(o) estrays and lost property;

(p) a book containing appraisement of state lands; and

(q) other writings that are required or permitted by law to be recorded.

(2) Any instrument that qualifies for recording under this section may incorporate by reference any provision, statement, description, or other language or material that is contained in another properly recorded instrument and that is recorded in the same county as the instrument that is incorporating the language or material by reference is to be recorded.
Mont. Code Ann. § 7-3-1347 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1347
7-3-1347 County board of health
Status: in_force

7-3-1347 . County board of health. (1) The commission shall be the county board of health in and for the municipality, but in performing the duties and exercising the powers prescribed by law for such boards, the commission shall act by ordinance, resolution, or vote and according to the procedure prescribed by this part and part 12 to be followed when acting as commission of the municipality. It shall not be necessary to the validity of any such action for the commission to declare or for the records thereof to indicate that it is acting in other than its usual capacity.

(2) Regulations affecting the public health additional to those established by general law and for the violation of which penalties are imposed may be prescribed by ordinance and enforced as provided therein.
Mont. Code Ann. § 7-6-2425 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2425
7-6-2425 Auditing of county charges
Status: in_force

7-6-2425 . Auditing of county charges. Accounts for county charges of every description must be presented to the board of county commissioners to be audited as prescribed in 7-6-2421 , 7-6-2429 , and 7-6-2430 .
Mont. Code Ann. § 7-32-125 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-125
7-32-125 Residency requirements for public safety commissioners
Status: in_force

7-32-125 . Residency requirements for public safety commissioners. Each commission member shall reside at the time of appointment within the county if selected by the board of county commissioners or within the city or town by which appointed.
Mont. Code Ann. § 7-2-2750 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2750
7-2-2750 Procedure to collect and transmit taxes when several counties involved
Status: in_force

7-2-2750 . Procedure to collect and transmit taxes when several counties involved. (1) Whenever any levy is made under the provisions of 7-2-2745 through 7-2-2749 , the county clerk of the county in which the board of county commissioners makes the levy shall immediately certify the levy to the county clerk of each other county to which any part of the territory of the abandoned county has been attached.

(2) (a) The county clerk of each other county shall compute and extend the taxes against the property within the portion of the abandoned county that has been attached to the clerk's county, and the treasurer of that county shall collect the taxes at the same time and in the same manner that other taxes are collected by the county treasurer.

(b) Each county treasurer shall, at least twice each year, once during the second week in December and once during the second week in June, transmit the amount of all taxes paid to and collected by the county treasurer to the treasurer of the county in which the board made the tax levy.
Mont. Code Ann. § 7-4-2716 — MT Code / Title 7 / Chapter 4 / Part 27 / Section 7-4-2716
7-4-2716 Duties related to state matters
Status: in_force

7-4-2716 . Duties related to state matters. The county attorney shall:

(1) attend the district court and conduct, on behalf of the state, all prosecutions for public offenses and represent the state in all matters and proceedings to which it is a party or in which it may be beneficially interested, at all times and in all places within the limits of the county;

(2) when ordered or directed by the attorney general to do so, promptly institute and diligently prosecute in the proper court and in the name of the state of Montana any criminal or civil action or special proceeding;

(3) defend all suits brought against the state.
Mont. Code Ann. § 7-4-4402 — MT Code / Title 7 / Chapter 4 / Part 44 / Section 7-4-4402
7-4-4402 Term of office
Status: in_force

7-4-4402 . Term of office. (1) Except as provided in subsection (2), a city council member shall hold office for a term of 4 years and until the qualification of a successor.

(2) At the first annual election held after the organization of a city or town under this title, the electors of the city or town shall elect two city council members from each ward, who shall, at the first meeting of the council, decide by lot their terms of office, with one from each ward to hold for a term of 4 years and one for a term of 2 years and until the qualification of their successors. In the succeeding elections, one city council member from each ward must be elected for a 4-year term.
Mont. Code Ann. § 7-3-706 — MT Code / Title 7 / Chapter 3 / Part 7 / Section 7-3-706
7-3-706 Effective date
Status: in_force

7-3-706 . Effective date. The charter shall specify the date on which the charter will take effect, except that provisions may be made for temporary partial effectiveness consistent with an orderly transition of government.
Mont. Code Ann. § 7-5-4108 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4108
7-5-4108 Municipal printing contract
Status: in_force

7-5-4108 . Municipal printing contract. The city or town council has power to provide for the city or town printing. The contract for city or town printing must be let annually to the lowest bidder.
Mont. Code Ann. § 7-14-4643 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4643
7-14-4643 Sources of revenue for payment of revenue bonds
Status: in_force

7-14-4643 . Sources of revenue for payment of revenue bonds. (1) No revenue bonds authorized by 7-14-4641 or the interest thereon shall be payable from or secured by a pledge or mortgage of any funds or properties of the city except those expressly enumerated in subsection (2).

(2) A commission may issue such types of revenue bonds as it may determine, including revenue bonds on which the principal and interest are payable:

(a) exclusively from the income and revenues of the parking facilities financed with the proceeds of such bonds;

(b) exclusively from the income and revenues of certain designated parking facilities whether or not they were financed in whole or in part with the proceeds of such bonds;

(c) from a charge on such revenues either prior or subordinate to the payment of any designated part or all of the costs of operation and maintenance and other expenses of such facilities;

(d) from any contributions or other financial assistance from the state or federal governments;

(e) from any or all onstreet parking meter revenues of the city which may be pledged and appropriated by or under authority of the legislative body for this purpose until the bonds are fully paid;

(f) from the collections of special assessments and interest thereon levied to finance the cost of parking facilities under any of the provisions of parts 41 through 45 of chapter 12 and part 47 of this chapter which may be pledged and appropriated by or under authority of the legislative body for the payment of revenue bonds issued under the provisions of this section and are not pledged for the payment of special improvement district bonds;

(g) from a reserve which may be established and agreed to be maintained by the transfer of such other city funds as may be pledged and appropriated, by or under authority of the legislative body, to meet deficiencies in the reserve until the bonds are fully paid;

(h) from the proceeds of sale upon foreclosure of any mortgage of an offstreet parking facility made by or under authority of the legislative body to secure the payment of any revenue bonds issued under this section, provided that no such mortgage shall be placed upon any property of the city or commission unless the cost of such property to the city has been paid from the proceeds of such bonds; or

(i) any combination of these sources.
Mont. Code Ann. § 7-6-4038 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4038
7-6-4038 Filing of claims against local government entity -- disposition by department as prerequisite
Status: in_force

7-6-4038 . Filing of claims against local government entity -- disposition by department as prerequisite. (1) All claims against a local government entity for failure to adopt or submit an annual operating budget as required by Title 7, chapter 6, part 40, within 2 years of the applicable deadline must be presented in writing to the department.

(2) A complaint based on a claim subject to the provisions of subsection (1) may not be filed in district court unless the claimant has first presented the claim to the department and submitted a copy of the claim to the local government entity. Upon the department's receipt of the claim, the statute of limitations on the claim is tolled until a written determination is issued under subsection (3).

(3) The department must review the claim and issue one of the following determinations in writing within 60 days after the claim is presented to the department:

(a) the local government entity has not violated the requirements of this part for a period of 2 years from the applicable deadlines;

(b) there is sufficient evidence of the violations of the requirements of this part for a period of 2 years from the applicable deadlines, and the department will initiate further technical assistance to help the local government entity come into compliance with this part within 6 months; or

(c) there is sufficient evidence of the violations of the requirements of this part for a period of 2 years from the applicable deadlines.

(4) If the department issues a written determination under subsection (3)(b), within 6 months the department must provide the complainant with a final determination that either:

(a) the local government entity has come into compliance with the provisions of this part; or

(b) there is sufficient evidence of the violations of the requirements of this part.

(5) A complainant must receive a written determination from the department under subsection (3)(c) or (4)(b) before proceeding to district court under 7-6-4037 .

(6) The failure of the department to issue a written determination of a claim within 60 days after the claim is presented to the department must be considered a written determination under subsection (3)(c) for purposes of this section.
Mont. Code Ann. § 7-1-4123 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4123
7-1-4123 Legislative powers
Status: in_force

7-1-4123 . Legislative powers. A municipality with general powers has the legislative power, subject to the provisions of state law, to adopt, amend, and repeal ordinances and resolutions required to:

(1) preserve peace and order and secure freedom from dangerous or noxious activities;

(2) secure and promote the general public health and welfare;

(3) provide any service or perform any function authorized or required by state law;

(4) exercise any power granted by state law;

(5) subject to 15-10-420 , levy any tax authorized by state law for public or governmental purposes as described in 7-6-2527 ;

(6) appropriate public funds;

(7) impose a special assessment reasonably related to the cost of any special service or special benefit provided by the municipality or impose a fee for the provision of a service;

(8) grant franchises; and

(9) provide for its own organization and the management of its affairs.
Mont. Code Ann. § 7-11-1015 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1015
7-11-1015 Limitations on lawsuits
Status: in_force

7-11-1015 . Limitations on lawsuits. (1) A finding of the governing body in favor of the genuineness and sufficiency of the petition or election is final and conclusive against all persons except the state of Montana upon suit brought by the attorney general.

(2) A lawsuit filed by the attorney general must be filed by the earlier of:

(a) 1 year after the order, ordinance, or resolution creating the special district is approved by the governing body; or

(b) the issuance of bonds to implement the program or improvements approved for the special district.
Mont. Code Ann. § 7-6-4403 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4403
7-6-4403 Tax-related duties of city clerk
Status: in_force

7-6-4403 . Tax-related duties of city clerk. It is the duty of the clerk to perform such duties in and about the assessment, levy, and collection of taxes and assessments as may be prescribed by law or ordinance.
Mont. Code Ann. § 7-13-2345 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2345
7-13-2345 Hearing and notice on petition to exclude land
Status: in_force

7-13-2345 . Hearing and notice on petition to exclude land. (1) Upon the filing of a petition with the secretary of the district, the secretary shall call a meeting of the board of directors of the district at a time not less than 25 days or more than 50 days after the filing of the petition and cause a notice of the filing of the petition to be published as provided in 7-1-2121 . The notice must state the date of the filing of the petition and that the petition will be heard before the board of directors of the district.

(2) A landowner or taxpayer within the district has the right to appear at the hearing, either in behalf of or in opposition to the granting of the petition. The petition must be heard before the board of directors of the district at the time and place specified in the notice of hearing.

(3) (a) Except as provided in subsection (3)(b), the place of the hearing must be the regular meeting place of the board of directors of the district.

(b) The board may adjourn the hearing to a more convenient meeting place within the district.
Mont. Code Ann. § 7-12-4603 — MT Code / Title 7 / Chapter 12 / Part 46 / Section 7-12-4603
7-12-4603 Notice of resolution of intent to create fire hydrant maintenance district
Status: in_force

7-12-4603 . Notice of resolution of intent to create fire hydrant maintenance district. (1) Upon passing the resolution required by 7-12-4602 , the council shall publish a notice of the passage as provided in 7-1-4127 . A copy of the notice must be mailed to the last-known address of every person, firm, or corporation having property within the proposed district on the same day the notice is first published or posted.

(2) The notice must describe the general character of the proposed improvement, state the estimated cost of the improvement and the cost of maintaining the hydrants within the district for the first year, and designate the time when and place where the council will hear and pass upon all protests against the establishment of the improvement or the creation of the district. The notice must refer to the resolution on file in the office of the city clerk for a description of the boundaries.
Mont. Code Ann. § 7-6-105 — MT Code / Title 7 / Chapter 6 / Part 1 / Section 7-6-105
7-6-105 Establishment and use of government project fund
Status: in_force

7-6-105 . Establishment and use of government project fund. (1) The county treasurer shall establish a fund in the county treasury to be known as the government project fund.

(2) The fund shall contain an account with each political subdivision which is entitled to a share of a payment of sums in lieu of taxes. Whenever such payment is received, the county treasurer shall apportion it to the several accounts in the fund, pursuant to the agreement under which the payment is made.
Mont. Code Ann. § 7-2-2749 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2749
7-2-2749 Payment of outstanding bonds of abandoned county
Status: in_force

7-2-2749 . Payment of outstanding bonds of abandoned county. (1) If any abandoned and abolished county shall have any bonds outstanding and unpaid at the time it ceases to exist, the territory within the boundaries of such county as they existed when such county so ceased to exist shall constitute a special district for the payment thereof. The board of county commissioners of the county designated in the petition for abandonment as the county to which the territory of such county is to be attached and made a part shall annually levy a tax against all taxable property in such taxing district sufficient to pay the interest and principal of such bonds as the same become due, and all of the provisions of 7-7-107 , 7-7-108 , 7-7-123 , 7-7-124 , 7-7-2104 , 7-7-2106 , and parts 22 and 23 of chapter 7 shall apply to, govern, and control the levying and collection of such taxes and the payment of interest and principal thereof by the boards and officers of the county within which such district is situated.

(2) Any and all money in any bond sinking and interest funds of such abandoned and abolished county, when transmitted and paid over to the treasurer of the county to which the territory of such abandoned and abolished county has been attached, shall be credited to and deposited in a sinking and interest fund. All taxes levied for the payment of such bonds and interest and delinquent at the time such county ceased to exist, all taxes levied for such sinking and interest fund in accordance with the provisions of 7-2-2742 through 7-2-2750 , and all other money coming to the hands of such county treasurer for the use or benefit of such abandoned county, when not required for any other purposes under the provisions of this part, shall be deposited to the credit of such sinking and interest fund and used for the payment of the principal and interest of such bonds and for no other purpose.
Mont. Code Ann. § 7-3-4217 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4217
7-3-4217 Oath of office and official bond
Status: in_force

7-3-4217 . Oath of office and official bond. Every person who has been declared elected mayor or council member shall, within 10 days after the declaration, take and file with the city clerk an oath of office in the form and manner provided by law and shall execute and give sufficient bond to the municipal corporation in the sum of $10,000, conditioned for the faithful performance of the duties of the office. This bond must be approved by the judge of the district court of the county in which the city is situated and must be filed with the clerk and recorder of the county in which the city is situated.
Mont. Code Ann. § 7-14-4701 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4701
7-14-4701 Authority to establish pedestrian malls
Status: in_force

7-14-4701 . Authority to establish pedestrian malls. When the public interest or convenience requires, the governing body of a municipality may establish pedestrian malls.
Mont. Code Ann. § 7-14-2613 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2613
7-14-2613 Notice to district supervisor of opening or alteration of county road
Status: in_force

7-14-2613 . Notice to district supervisor of opening or alteration of county road. When a county road is to be opened, established, constructed, changed, abandoned, or discontinued, the county clerk shall notify the supervisor of the proper district and furnish the supervisor with a certified copy of the order of the board.
Mont. Code Ann. § 7-2-4807 — MT Code / Title 7 / Chapter 2 / Part 48 / Section 7-2-4807
7-2-4807 Hearing on question of exclusion -- resolution of exclusion
Status: in_force

7-2-4807 . Hearing on question of exclusion -- resolution of exclusion. (1) The clerk shall, at the next regular meeting of the city or town council after expiration of the 20 days, provide the council with all written communications received by the clerk for its consideration. If after considering the communications the council adopts a resolution to that effect, the boundaries of the city or town must be altered to exclude the territory described in the petition. The resolution must also describe the streets, avenues, alleys, and public places in the excluded territory that are to be vacated and abandoned.

(2) The resolution becomes effective 30 days after its passage and approval, and the boundary of the city or town is as set forth in the resolution.

(3) The resolution may not be finally adopted by the council after written disapproval by a majority of the owners in value of the territory proposed to be excluded or after written disapproval or protest by a majority of the owners in value of property within the corporate limits of the city or town immediately adjacent and contiguous to the territory sought to be excluded.
Mont. Code Ann. § 7-3-4216 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4216
7-3-4216 General term of office
Status: in_force

7-3-4216 . General term of office. The terms of office of the mayor and all council members elected after the first term is 2 years.
Mont. Code Ann. § 7-7-4504 — MT Code / Title 7 / Chapter 7 / Part 45 / Section 7-7-4504
7-7-4504 Deposit of proceeds of refunding revenue bonds in escrow
Status: in_force

7-7-4504 . Deposit of proceeds of refunding revenue bonds in escrow. (1) In any case where refunding bonds are issued and sold 6 months or more before the earliest date on which all bonds refunded thereby mature or are prepayable in accordance with their terms, the proceeds of the refunding bonds, including any premium and accrued interest, shall be deposited in escrow with a suitable bank or trust company. The bank or trust company shall:

(a) have its principal place of business within or without the state;

(b) be a member of the federal reserve system; and

(c) have a combined capital and surplus not less than $1 million.

(2) The proceeds deposited in escrow shall be invested in such amount and in securities maturing on such dates and bearing interest at such rates as shall be required to provide funds sufficient to pay, when due, the interest to accrue on each bond refunded to its maturity or, if it is prepayable, to the earliest prior date upon which such bond may be called for redemption and to pay and redeem the principal amount of each such bond at maturity or, if prepayable, at its earliest redemption date and any premium required for redemption on such date. The resolution or ordinance authorizing the refunding bonds shall irrevocably appropriate for these purposes the escrow fund and all income therefrom and shall provide for the call of all prepayable bonds in accordance with their terms. The securities to be purchased with the escrow fund shall be limited to general obligations of the United States, securities whose principal and interest payments are guaranteed by the United States, and securities issued by the following United States government agencies: banks for cooperatives, federal home loan banks, federal intermediate credit banks, federal land banks, and the federal national mortgage association. Such securities shall be purchased simultaneously with the delivery of the refunding bonds.
Mont. Code Ann. § 7-33-2112 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2112
7-33-2112 Minutes
Status: in_force

7-33-2112 . Minutes. The board administering and operating the district shall submit the minutes of its proceedings for electronic storage as provided in 7-1-204 .
Mont. Code Ann. § 7-13-2332 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2332
7-13-2332 Issuance of refunding bonds without election
Status: in_force

7-13-2332 . Issuance of refunding bonds without election. (1) (a) District refunding bonds, issued to provide money to refund outstanding bonded indebtedness, may be issued without a vote of the electorate. In order to issue refunding bonds, the board of directors shall adopt a resolution setting forth the facts regarding the outstanding bonds that are to be redeemed, the reasons for issuing the refunding bonds, and the terms and details of the refunding bond issue.

(b) After adopting a resolution, the board of directors may sell the bonds at times and in a manner considered to be in the public interest.

(2) (a) Refunding bonds may be issued prior to the maturity or redemption date of the outstanding bonds they are to refund. The proceeds of the refunding bonds, less any accrued interest or premium received upon the sale of the refunding bonds or amounts to be used for the cost of issuance or establishing reserves for the refunding bonds, must be deposited with other funds appropriated for payment of the outstanding bonds in escrow with a suitable banking institution in or out of the state.

(b) Deposited funds must be invested in securities that are general obligations of the United States or in securities for which the principal and interest are guaranteed by the United States. The securities must be payable on the dates required and bear interest at a rate sufficient, with any cash retained in the escrow account, to pay, when due, accrued interest on each refunded bond until its maturity or redemption date if called for redemption. The securities must also be sufficient to pay the principal of the bond at maturity or upon the redemption date and to pay any redemption premium.

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

(d) A district may pay for reasonable costs of issuing the refunding bonds and maintaining the escrow account. Alternatively, a district may issue crossover refunding bonds as provided in Title 17, chapter 5, part 21.
Mont. Code Ann. § 7-33-2201 — MT Code / Title 7 / Chapter 33 / Part 22 / Section 7-33-2201
7-33-2201 Authority of county governing body to protect range, farm, and forest resources
Status: in_force

7-33-2201 . Authority of county governing body to protect range, farm, and forest resources. For the purpose of protection and conservation of range, farm, and forest resources and of the prevention of soil erosion, the county governing body may perform the functions provided in this part.
Mont. Code Ann. § 7-14-2107 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2107
7-14-2107 Acquisition of right-of-way
Status: in_force

7-14-2107 . Acquisition of right-of-way. (1) A board of county commissioners shall contract, agree for, purchase, or otherwise lawfully acquire right-of-way for county roads over private property. It may institute proceedings under Title 70, chapter 30, and pay for the right-of-way from the county road fund.

(2) A board shall acquire rights-of-way for county roads and discontinue or abandon them only on proper petition pursuant to Title 7, chapter 14, part 26.

(3) By taking or accepting interests in real property for county roads, the public acquires only the right-of-way and the incidents necessary to enjoying and maintaining it.
Mont. Code Ann. § 7-12-2115 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2115
7-12-2115 Adjournment of hearing
Status: in_force

7-12-2115 . Adjournment of hearing. Whenever in proceedings hereunder a time and place for hearing by the board of county commissioners is fixed and from any cause, the hearing is not then and there held or regularly adjourned to a fixed time and place, the power and jurisdiction of the board in the premises shall not be thereby divested or lost, but the board may proceed anew to fix a time and place for the hearing and cause notice thereof to be given by publication by at least one insertion in a daily, semiweekly, or weekly newspaper, such publication to be at least 5 days before the date of the hearing. Thereupon the board shall have power to act as in the first instance.
Mont. Code Ann. § 7-13-4314 — MT Code / Title 7 / Chapter 13 / Part 43 / Section 7-13-4314
7-13-4314 Annexation as requirement for receiving service
Status: in_force

7-13-4314 . Annexation as requirement for receiving service. Any person, firm, or corporation receiving water or sewer service outside of incorporated city limits may be required by the city or town, as a condition to initiate such service, to consent to annexation of the tract of property served by the city or town. The consent to annexation is limited to that tract or parcel or portion of tract or parcel that is clearly and immediately, and not potentially, being serviced by the water or sewer service.
Mont. Code Ann. § 7-34-2404 — MT Code / Title 7 / Chapter 34 / Part 24 / Section 7-34-2404
7-34-2404 Investment of reserve fund
Status: in_force

7-34-2404 . Investment of reserve fund. The money held in the depletion allowance reserve fund may be invested as provided by law. All interest earned on the investments is credited to the depletion allowance reserve fund.
Mont. Code Ann. § 7-14-1612 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1612
7-14-1612 Notice of resolution -- hearing
Status: in_force

7-14-1612 . Notice of resolution -- hearing. (1) The text of the resolution referred to in 7-14-1611 must be published as provided in 7-1-2121 .

(2) At the time for the hearing, the board shall hear testimony for and against the creation of the authority. The hearing may be adjourned from time to time for the determination of additional information or for hearing proponents or opponents, but an adjournment may not exceed 2 weeks after the date originally published for the hearing.
Mont. Code Ann. § 7-12-2131 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2131
7-12-2131 Bids for district work -- exception
Status: in_force

7-12-2131 . Bids for district work -- exception. (1) Except as provided in subsection (3), the board of county commissioners may call for bids for proposals for several kinds or types of materials for any of the improvements proposed, reserving the right to select the kind or type of materials to be used in making any of the improvements after the bids or proposals have been opened, examined, and declared.

(2) All proposals or bids offered must be accompanied by bid security as provided for in Title 18, chapter 1, part 2. The proposals or bids must be delivered to the county clerk.

(3) If the proposed improvement is the conversion of overhead utilities to an underground location as provided for in 7-12-4102 (2)(i), the work must be performed by the public utility responsible for the cost and feasibility report required under 69-4-313 .
Mont. Code Ann. § 7-2-6101 — MT Code / Title 7 / Chapter 2 / Part 61 / Section 7-2-6101
7-2-6101 Definitions
Status: in_force

7-2-6101 . Definitions. For the purposes of this part, the following definitions apply:

(1) "Hospital district" means a district created pursuant to Title 7, chapter 34, part 21.

(2) "Inability to access public services" means the inability of a real property owner to reach public services in the county in which the owner's property is located due to:

(a) a physical or geographical barrier;

(b) a lack of public county or public county-maintained roads; or

(c) a lack of legal access on private roads requiring travel into an adjacent county and back into the county in which the owner's property is located; or

(d) access on roads that require ambulances to travel more than 60 minutes to reach the property when following all speed limits.

(3) "Public services" means any of the following that are offered to the general public:

(a) educational services and facilities; or

(b) hospital or emergency medical services and facilities.

(4) "Qualified petitioner" means:

(a) for a petition related to a hospital district, an owner of real property located within the hospital district:

(i) whose property is more reasonably accessible to public services headquartered in the county seat or closest city, town, resort community, resort area, or resort area district of an adjoining county than to public services headquartered in the county seat or closest city, town, resort community, resort area, or resort area district of the county in which the owner's property is located, or

(ii) from whose property the owner has an inability to access public services from the county seat or closest city, town, resort community, resort area, or resort area district of the county in which the owner's property is located;

(b) for a petition related to a school district, a petition described in 20-6-105 .

(5) "School district" means a school district created under Title 20, chapter 6.
Mont. Code Ann. § 7-8-2301 — MT Code / Title 7 / Chapter 8 / Part 23 / Section 7-8-2301
7-8-2301 Disposal of county tax-deed land
Status: in_force

7-8-2301 . Disposal of county tax-deed land. (1) Whenever the county acquires land by tax deed, it is the duty of the board of county commissioners, within 6 months after acquiring title, to enter an order to:

(a) sell the land at public auction;

(b) donate the land to a municipality, as provided in subsection (3), if the land is within the incorporated boundaries of the municipality;

(c) donate the land or sell the land at a reduced price to a corporation as provided in subsection (3); or

(d) retain the land for the county as provided in subsection (3).

(2) When tax-deed land is to be sold, the sale may not be made for a price less than the sales price determined and fixed by the board prior to making the order of sale. The sales price may be set in an amount sufficient to recover the full amount of taxes, assessments, penalties, and interest due at the time the tax deed was issued to the county plus the county's costs in taking the tax deed and in conducting the sale and additional taxes due, if any, at the time of the sale.

(3) A board of county commissioners may, upon expiration of the repurchase period provided for in 7-8-2303 :

(a) sell the land as provided in subsections (2), (4), and (5);

(b) donate the land to a municipality with the consent of the municipality;

(c) donate the land or sell the land at a reduced price to a corporation for the purpose of constructing:

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

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

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

(d) retain the land for the county.

(4) If bids are not received at a sale of tax-deed land, the board shall order another auction sale of the land under this part within 6 months and may, if required by the circumstances, redetermine the sales price of the land determined under subsection (2). In the period of time between the auction conducted under subsection (1), in which there were not any qualifying bids for the land, and an auction held pursuant to this subsection, the land is retained by the county and is subject to the provisions of part 25.

(5) If a bid is not received at the sale conducted under subsection (4), the board may:

(a) dispose of the land as provided in part 25; or

(b) at any time after the auction, sell the property by auction and accept as the purchase price an amount less than the appraised value of the property.

(6) Notwithstanding the amount of the sales price fixed by the board prior to the auction conducted under subsection (1)(a), if the successful sale bidder is the delinquent taxpayer or the taxpayer's successor in interest, the taxpayer's agent, or a member of the taxpayer's immediate family, the purchase price may not be less than the amount necessary to pay, in full, the taxes, assessments, penalties, and interest due on the land at the time of taking the tax deed plus interest on the full amount at the rate provided for in 15-16-102 from the date of the tax deed to the date of the repurchase as well as the costs of the county in taking the tax deed and additional taxes or assessments due, if any, at the time of repurchase.

(7) Land that is transferred pursuant to subsection (3)(c) must be used to permanently provide low-income housing. The transfer of the property may contain a reversionary clause to reflect this condition.
Mont. Code Ann. § 7-12-2127 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2127
7-12-2127 Transfer of operation, control, and ownership of improvement district facilities to a utility
Status: in_force

7-12-2127 . Transfer of operation, control, and ownership of improvement district facilities to a utility. Whenever a special improvement district has been created in accordance with the provisions of this part for the purpose of providing the facilities through which a regulated utility is to provide utility services to the district, the commissioners may, upon such terms and conditions as may be agreed to, transfer the operation, control, and ownership of the facilities to the regulated utility for use by the utility to provide utility services.
Mont. Code Ann. § 7-15-2109 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2109
7-15-2109 Effect of filing and recording application
Status: in_force

7-15-2109 . Effect of filing and recording application. When the application has been made, filed, and recorded as provided in 7-15-2107 and 7-15-2108 , the authority shall constitute a public body and a body corporate and politic under the name proposed in the application.
Mont. Code Ann. § 7-11-225 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-225
7-11-225 Considerations in preparation of proposals
Status: in_force

7-11-225 . Considerations in preparation of proposals. (1) A commission shall consider the various areas included within the county, including areas incorporated as municipalities, unincorporated areas essentially urban in nature, unincorporated areas with both urban and rural characteristics, and predominantly rural areas.

(2) In the formation of its proposals, which can include arrangements for countywide governmental services and urban area services in both incorporated and unincorporated areas, a commission shall study and take into consideration:

(a) the existing land use within the county, including the location of highways and natural geographic barriers to and routes for transportation, making use wherever possible of comprehensive land use plans prepared for the area by organized planning boards or other reliable surveys;

(b) the need for organized local governmental services, the present cost and adequacy of local governmental services and controls in the area, probable future needs for such services and controls, and the probable effect of alternative courses of action on the cost and adequacy of services and controls in the areas concerned and in adjacent areas;

(c) population density, distribution, and growth; per capita assessed valuation; and the likelihood of significant growth in the areas concerned and in adjacent incorporated and unincorporated areas;

(d) the boundaries of existing units of local government;

(e) maintenance of citizen access to, control of, and participation in local government;

(f) such other matters as might affect provision of local governmental services on an equitable basis and provide more efficient and economical administration thereof.
Mont. Code Ann. § 7-12-4151 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4151
7-12-4151 Contractor's bond for successful completion of work
Status: in_force

7-12-4151 . Contractor's bond for successful completion of work. All contractors, contracting owners included, shall, at the time of executing any contract for street work, execute a bond to the satisfaction and approval of the city council in the form and manner provided for in Title 18, chapter 2, part 2.
Mont. Code Ann. § 7-4-4605 — MT Code / Title 7 / Chapter 4 / Part 46 / Section 7-4-4605
7-4-4605 Employment of special or additional counsel
Status: in_force

7-4-4605 . Employment of special or additional counsel. Nothing in this part shall be taken or construed as preventing the city council from employing in special cases on a contract basis:

(1) the city attorney to perform services not specifically provided for under 7-4-4604 ; or

(2) additional or other counsel.
Mont. Code Ann. § 7-2-2754 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2754
7-2-2754 Ownership and management of property acquired by continuing county
Status: in_force

7-2-2754 . Ownership and management of property acquired by continuing county. Each county to which any part of an abandoned and abolished county is attached becomes the owner, under the provisions of this part, of the real and tangible personal property of the abandoned and abolished county and may use all of this property for county purposes, may lease any of this real estate, or may sell any of the real estate or personal property.
Mont. Code Ann. § 7-3-4314 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4314
7-3-4314 Composition and general authority of commission
Status: in_force

7-3-4314 . Composition and general authority of commission. (1) The commission shall consist of three commissioners for all municipalities having a population of less than 15,000 and five commissioners for all cities having a population of 15,000 or more.

(2) The commission shall constitute the governing body, with powers as hereinafter provided to pass ordinances, adopt regulations, and appoint a chief administrative officer, to be known as the city manager, and to exercise all powers as hereinafter provided.
Mont. Code Ann. § 7-14-2616 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2616
7-14-2616 Procedure to discontinue street
Status: in_force

7-14-2616 . Procedure to discontinue street. (1) The county commissioners may discontinue a street or alley or any part of a street or alley in an unincorporated town or townsite upon the petition in writing of all owners of lots on the street or alley if it can be done without detriment to the public interest.

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

(3) Before acting upon the petition, a notice must be published as provided in 7-1-2121 , stating when the petition will be acted on and what street or alley or part of a street or alley is asked to be vacated.
Mont. Code Ann. § 7-34-2111 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2111
7-34-2111 Territory of hospital district
Status: in_force

7-34-2111 . Territory of hospital district. A public hospital district may contain the entire territory embraced within a county or any portion or subdivision thereof.
Mont. Code Ann. § 7-12-2113 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2113
7-12-2113 Resolution creating district -- power to order improvements or maintenance
Status: in_force

7-12-2113 . Resolution creating district -- power to order improvements or maintenance. (1) Before ordering any of the proposed improvements or maintenance, the board of county commissioners shall pass a resolution creating the special improvement district in accordance with the resolution of intention that is introduced and passed by the board.

(2) The board has jurisdiction to order improvements or maintenance immediately on the occurrence of the following conditions:

(a) when sufficient protests have not been delivered to the county clerk within 30 days after the date of the first publication of the notice of the passing of the resolution of intention;

(b) when a protest has been found by the board to be insufficient or has been overruled;

(c) when a protest against extending the proposed district has been heard and denied; or

(d) when a resolution creating the district is passed on receipt of a petition as provided in 7-12-2102 (2)(a).
Mont. Code Ann. § 7-15-4303 — MT Code / Title 7 / Chapter 15 / Part 43 / Section 7-15-4303
7-15-4303 Bonds to be fully negotiable
Status: in_force

7-15-4303 . Bonds to be fully negotiable. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this part and part 42 shall be fully negotiable.
Mont. Code Ann. § 7-5-4104 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4104
7-5-4104 Control of nuisances -- exception
Status: in_force

7-5-4104 . Control of nuisances -- exception. (1) The city or town council has power to:

(a) define, control, and abate all conditions:

(i) that endanger health or safety;

(ii) that are offensive to the senses; or

(iii) that obstruct the free use of property that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons; and

(b) enforce the penalty for violations of 7-5-4113 and post copies of 7-5-4113 in conspicuous locations in the municipality.

(2) A condition that affects an entire committee or neighborhood or any considerable number of persons as provided in subsection (1)(a)(iii) is no less a nuisance because the extent of the annoyance or damage inflicted on individuals is unequal.

(3) The city or town council may not prohibit the placing of a "notice of violation" card on a motor vehicle illegally parked in an accessible parking space.
Mont. Code Ann. § 7-15-4255 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4255
7-15-4255 Authority to provide or contract for services related to urban renewal
Status: in_force

7-15-4255 . Authority to provide or contract for services related to urban renewal. (1) Every municipality shall have power to:

(a) provide or arrange or contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, or roads in connection with an urban renewal project;

(b) install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements.

(2) Every municipality shall have power to agree to any conditions that it may deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards in the undertaking or carrying out of an urban renewal project and to include in any contract let in connection with such a project provisions to fulfill such of said conditions as it may deem reasonable and appropriate.
Mont. Code Ann. § 7-12-4116 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4116
7-12-4116 Designation of nature of improvement district
Status: in_force

7-12-4116 . Designation of nature of improvement district. In all cases set out in 7-12-4115 , the city or town council shall designate the special district formed as a special improvement and repair district or a special improvement and maintenance district or a special improvement, repair, and maintenance district, as the case may be.
Mont. Code Ann. § 7-6-2204 — MT Code / Title 7 / Chapter 6 / Part 22 / Section 7-6-2204
7-6-2204 Cash verification by county clerk
Status: in_force

7-6-2204 . Cash verification by county clerk. The county clerk and recorder, at the close of business each month, shall count the cash in the office of the county treasurer and shall retain a copy of the counting in the county clerk's office.
Mont. Code Ann. § 7-7-2266 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2266
7-7-2266 Procedure in case of insufficient tax levy -- individual liability of county commissioners
Status: in_force

7-7-2266 . Procedure in case of insufficient tax levy -- individual liability of county commissioners. (1) If the board of county commissioners of any county shall fail, neglect, or refuse in any year to make a levy sufficient to pay the interest on and principal of any issue or series of bonds as required by the provisions of 7-7-2265 , the holder of any bond of such issue or series or any taxpayer paying taxes on property situated in such county may apply to the district court of the county issuing such bonds for a writ of mandate to compel the board of such county to make a proper and sufficient levy for such purposes.

(2) If, upon the hearing of such application, it shall appear to the satisfaction of the court that the board has failed, neglected, or refused to make any levy whatever for such purposes or has made a levy but that the same is insufficient to raise the amount required to be raised for such purposes under the provisions of 7-7-2265 , the court shall determine the amount of the deficiency and shall issue a writ of mandate directed to and requiring such board, at the next meeting thereof for the purpose of making and fixing county levies, to raise the amount of such deficiency. This levy shall be in addition to the levy required to be made for the then-current fiscal year.

(3) Any costs which may be allowed or awarded the petitioner in any such proceeding shall be paid by the members of the board and shall not be a charge against such county.
Mont. Code Ann. § 7-14-2127 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2127
7-14-2127 Temporary limitation or prohibition of traffic
Status: in_force

7-14-2127 . Temporary limitation or prohibition of traffic. (1) A board of county commissioners may in its discretion limit or forbid, temporarily, any traffic or class of traffic on the county roads or any part of a county road when it is necessary in order to preserve or repair the roads.

(2) A board of county commissioners may temporarily close a county road or bridge or any part of a county road for maintenance or repair if the board determines that the road or bridge is unsafe. This temporary closure is not considered abandonment. The board of county commissioners shall erect signs indicating that the road is closed.
Mont. Code Ann. § 7-2-2243 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2243
7-2-2243 Compensation of commission members
Status: in_force

7-2-2243 . Compensation of commission members. Members of the board of commissioners provided for under 7-2-2241 shall receive a compensation of not to exceed $25 per day for every day they are actually employed under the provisions of this part. All of which expenses, together with the reasonable expenses of stationery, postage, and incidental expenses, shall be borne in equal proportions by the counties affected by such division, including said new county. The amounts payable by each county shall be paid by the treasurers of the respective counties after the same shall have been presented to and allowed by the board of county commissioners as is provided by law for claims against any county.
Mont. Code Ann. § 7-5-4308 — MT Code / Title 7 / Chapter 5 / Part 43 / Section 7-5-4308
7-5-4308 Procedure to modify contract
Status: in_force

7-5-4308 . Procedure to modify contract. (1) When it becomes necessary in the prosecution of any work to make alterations or modifications of the specifications or plans of a contract, the alteration or modification may be made only by resolution of the council. The resolution is not in effect until the price to be paid for the work is agreed to in writing and signed by the contractor and approved by the council.

(2) A contractor may not be allowed anything for extra work caused by an alteration or modification unless a resolution is made and an agreement is signed as provided in subsection (1). A contractor may not be allowed more for the alteration than the price fixed by the agreement.
Mont. Code Ann. § 7-33-4107 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4107
7-33-4107 Qualifications of firefighters
Status: in_force

7-33-4107 . Qualifications of firefighters. (1) The state of Montana determines that qualifications for the firefighting profession must recognize the rigorous physical demands placed on firefighters and the expectation of many years of emergency service. To qualify as a firefighter, an applicant:

(a) must be a citizen or lawful permanent resident of the United States;

(b) must be at least 18 years of age;

(c) must be a high school graduate or have 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;

(d) must possess or be eligible for a valid Montana driver's license;

(e) shall pass a physical examination by a qualified physician, physician assistant, or advanced practice registered nurse, who is not the applicant's personal physician, physician assistant, or advanced practice registered nurse, appointed by the employing authority to determine if the applicant is free from any mental or physical condition that might adversely affect the applicant's performance of the duties of a firefighter, including requirements described in 7-33-1902 ;

(f) must be fingerprinted and a search must be made of the local, state, and national fingerprint files to disclose any criminal record; and

(g) except as provided in subsection (2), may not have been convicted of a crime for which the applicant could have been imprisoned in a federal or state penitentiary.

(2) (a) Pursuant to subsection (2)(b), at the discretion of the fire chief, an applicant who has been convicted of a misdemeanor or a felony may be allowed to qualify as a firefighter.

(b) A fire chief may not allow an applicant to qualify as a firefighter if the applicant has been convicted of a crime that requires the applicant to register on the sexual or violent offender registry under Title 46, chapter 23, part 5.
Mont. Code Ann. § 7-3-179 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-179
7-3-179 Organization of commission
Status: in_force

7-3-179 . Organization of commission. (1) Not later than 10 days after all members of the study commission have been elected or appointed, the study commission shall meet and organize at a time set by the presiding officer of the governing body of the local government that the study commission is to examine.

(2) At the first meeting of the study commission, the study commission may elect a temporary presiding officer, who will serve until a permanent presiding officer is selected.
Mont. Code Ann. § 7-5-4203 — MT Code / Title 7 / Chapter 5 / Part 42 / Section 7-5-4203
7-5-4203 Effective date of ordinances and resolutions
Status: in_force

7-5-4203 . Effective date of ordinances and resolutions. (1) An ordinance passed by the council of any city or town may not become effective until 30 days after its passage except:

(a) general appropriation ordinances providing for the ordinary and current expenses of the city or town; and

(b) emergency measures.

(2) A resolution is immediately effective unless a delayed effective date is specified in the resolution.
Mont. Code Ann. § 7-14-2612 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2612
7-14-2612 Crossing of railroad, canal, or ditch by county road -- costs
Status: in_force

7-14-2612 . Crossing of railroad, canal, or ditch by county road -- costs. (1) Whenever any county road is laid out on public lands across any railroad, canal, or ditch, the owners or users thereof must at their expense so prepare the railroad, canal, or ditch that the road may cross it without damage or delay.

(2) When the right to cross is obtained through the judgment of any court, no damages shall be awarded.
Mont. Code Ann. § 7-13-106 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-106
7-13-106 Resolution of concurrence
Status: in_force

7-13-106 . Resolution of concurrence. If the city or town council shall by resolution concur in the resolution of the board of county commissioners, a copy of the resolution of concurrence shall be transmitted to the board.
Mont. Code Ann. § 7-4-2208 — MT Code / Title 7 / Chapter 4 / Part 22 / Section 7-4-2208
7-4-2208 Absence of county officers from state
Status: in_force

7-4-2208 . Absence of county officers from state. (1) Subject to subsection (2) and except as provided in 10-1-1008 , if a county officer is absent from the state for a period of more than 30 consecutive days without the consent of the board of county commissioners, the officer forfeits the office.

(2) If the county officer who is seeking consent to be absent from the state for more than 30 consecutive days is a member of the board of county commissioners, the officer may participate in the vote on the question of providing consent for the absence.
Mont. Code Ann. § 7-3-1316 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1316
7-3-1316 Designation of depository banks
Status: in_force

7-3-1316 . Designation of depository banks. On or before August 1 of each year, the commission shall designate the banks subject to state or national supervision in which the funds of the municipality shall be deposited. In designating such banks, the commission shall specify the maximum amount of municipal funds that may be kept at any time in each.
Mont. Code Ann. § 7-12-4152 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4152
7-12-4152 Procedure if person entering contract defaults on work
Status: in_force

7-12-4152 . Procedure if person entering contract defaults on work. (1) If the contractor or owner who may have taken a contract does not complete the contract within the time limited in the contract or within a further time that the city council may give, the city engineer shall report the delinquency to the council.

(2) (a) The council may relet the unfinished portion of the work after pursuing the formalities prescribed in 7-12-4141 through 7-12-4145 for the letting of the contract in the first instance.

(b) The city may, at its option, complete the contract and deduct any cost in excess of the contract price from any money, bonds, or warrants due the contractor or owners. If there is no money, bonds, or warrants due the contractor or owners from which to deduct the cost, then the city may sue the contractor or owners and recover the cost.
Mont. Code Ann. § 7-6-2405 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2405
7-6-2405 Location of office
Status: in_force

7-6-2405 . Location of office. The county auditor shall keep the auditor's principal office at the county seat of the county for which elected or appointed.
Mont. Code Ann. § 7-12-4246 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4246
7-12-4246 Determination of cost of improvements
Status: in_force

7-12-4246 . Determination of cost of improvements. The governing body of the municipality in determining the cost of said improvement may include estimated costs of the issuance of said bonds; all engineering, inspection, fiscal, and legal expenses; cost of the parking meters; and interest which it is estimated will accrue during the construction period and for 6 months thereafter on money borrowed or which it is estimated will be borrowed for the special improvements for which bonds are issued.
Mont. Code Ann. § 7-4-2111 — MT Code / Title 7 / Chapter 4 / Part 21 / Section 7-4-2111
7-4-2111 Indemnity insurance for county officers
Status: in_force

7-4-2111 . Indemnity insurance for county officers. The board of county commissioners may pay a proper charge to any insurance company authorized to do business in this state or to a self-insurance pool insuring counties as authorized by 2-9-211 for insurance providing indemnity for or protection to any county officer against liability for the loss, without fault, connivance, or neglect on the officer's part, of money, securities, or other property for which the officer is accountable to the county.
Mont. Code Ann. § 7-15-4239 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4239
7-15-4239 Control of conflict of interest
Status: in_force

7-15-4239 . Control of conflict of interest. (1) (a) A public official, employee of a municipality or urban renewal agency, or department or officers that have been vested by a municipality with urban renewal project powers and responsibilities under 7-15-4231 may not voluntarily acquire any interest, direct or indirect, in any urban renewal project, in any property included or planned to be included in any urban renewal project of the municipality, or in any contract or proposed contract in connection with an urban renewal project.

(b) When an acquisition is not voluntary, the interest acquired must be immediately disclosed in writing to the local governing body, and the disclosure must be entered upon the minutes of the governing body.

(2) If an official or department or division head owns or controls or owned or controlled within 2 years prior to the date of hearing on the urban renewal project any interest, direct or indirect, in any property that the person knows is included in an urban renewal project, the person shall immediately disclose this fact in writing to the local governing body, and the disclosure must be entered upon the minutes of the governing body. An official or a department or division head may not participate in any action on that particular project by the municipality or urban renewal agency, department, or officers that have been vested with urban renewal project powers by the municipality pursuant to the provisions of 7-15-4231 .
Mont. Code Ann. § 7-12-2158 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2158
7-12-2158 Resolution for levy and assessment of tax
Status: in_force

7-12-2158 . Resolution for levy and assessment of tax. (1) To defray the cost of making or acquiring improvements in a special improvement district, the board of county commissioners shall by resolution levy and assess a tax upon all benefited property in the district created for that purpose by using for a basis for assessment the method or methods provided for by this part and described in the resolution of intention.

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

(3) The resolution, signed by the presiding officer of the board, must be kept on file in the office of the county clerk.
Mont. Code Ann. § 7-14-2528 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2528
7-14-2528 Serial bonds
Status: in_force

7-14-2528 . Serial bonds. (1) The term "serial bonds" means a bond issue payable in equal annual installments, one installment consisting of one or more bonds becoming due and payable each year.

(2) The amount to be paid and redeemed each year shall be determined by dividing the total amount of the bonds to be issued by the total number of years the issue is to run so that the total amount of principal to be paid each year will be the same.

(3) The amount of installments becoming due and payable the first year or the first and second years may vary from the others to the extent which results from fixing the amounts of each bond of the other installments at $100, $500, or $1,000, as may be determined by the board.
Mont. Code Ann. § 7-2-2724 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2724
7-2-2724 Disposition of records and other papers
Status: in_force

7-2-2724 . Disposition of records and other papers. (1) All maps, plats, papers, documents, records, record books, indexes, and files of every kind and description belonging to an abandoned and abolished county or in the possession of any of the officers thereof on the date when such county ceases to exist shall be, immediately after such county ceases to exist, removed to the county seat of the county designated in the petition for abandonment as the county to which the territory of the abandoned and abolished county is to be attached. The same shall be delivered over to the custody of the proper officers of such county and be placed in the proper offices thereof and shall thereafter constitute the maps, plats, papers, documents, records, record books, indexes, and files of such county. The cost and expense of such transfer and removal shall be paid by warrants ordered drawn and issued by the board of county commissioners of such county against the general fund of such abandoned and abolished county.

(2) (a) If any part of an abandoned county shall be attached to and become a part of any adjoining county other than the county designated in the petition for abandonment, it shall be the duty of the board of county commissioners of the county designated in said petition for abandonment:

(i) to enter into a contract with some competent person or persons for transcribing so much of the records of said abandoned county as affects or relates to the property in that portion of the abandoned county which has been attached to such other county;

(ii) to prepare complete and proper indexes for such transcribed records; and

(iii) to transmit such transcribed records and indexes, when completed, to such other county.

(b) If portions of such abandoned county have been attached to more than one adjoining county, the board of county commissioners may enter into separate contracts for transcribing the records for each of such other counties or may enter into one contract for transcribing the records for all of such other counties.

(c) Chattel mortgages, construction and other liens, and other instruments filed but not recorded shall not be transcribed, but the original instruments shall be transmitted to such other county or counties. The cost of transcribing, indexing, and transmitting such records shall be paid by warrants drawn by the board of county commissioners letting such contracts on the general fund of the abandoned county. All of the provisions of 7-2-2405 through 7-2-2407 shall apply to such transcribed records.
Mont. Code Ann. § 7-14-2521 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2521
7-14-2521 Bond financing for county bridges authorized
Status: in_force

7-14-2521 . Bond financing for county bridges authorized. Subject to the limitations and restrictions provided in the law, each board of county commissioners may issue bonds upon the faith and credit of the county for the construction or improvement of county bridges.
Mont. Code Ann. § 7-23-4102 — MT Code / Title 7 / Chapter 23 / Part 41 / Section 7-23-4102
7-23-4102 Licensing of dogs
Status: in_force

7-23-4102 . Licensing of dogs. The city or town council has power to license the keeping of dogs and to provide for the killing or destruction thereof if found running at large without license.
Mont. Code Ann. § 7-14-1104 — MT Code / Title 7 / Chapter 14 / Part 11 / Section 7-14-1104
7-14-1104 Purpose -- public and governmental functions
Status: in_force

7-14-1104 . Purpose -- public and governmental functions. (1) The purposes of a port authority are to:

(a) promote, stimulate, develop, and advance the general welfare, commerce, economic development, and prosperity of its jurisdiction and of the state and its citizens;

(b) endeavor to increase the volume of commerce within the jurisdiction of the port authority and the state through planning, advertising, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, and protection of transportation, storage, or other facilities that promote the safe, efficient, and economical handling of commerce;

(c) cooperate and act in conjunction with other organizations, public or private, in the development of commerce, industry, manufacturing, services, natural resources, agriculture, livestock, recreation, tourism, health care, and other economic activity in the state;

(d) support the creation, expansion, modernization, retention, and relocation of new and existing businesses and industry in the state and otherwise stimulate, assist in, and support the growth of all kinds of economic activity that will tend to promote commerce and business development, maintain the economic stability and prosperity of its jurisdiction and of the state, and thus provide maximum opportunities for employment and improvement in the standard of living of citizens of the state.

(2) The acquisition of any land or interest in land pursuant to this part, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, and protection of port authority facilities, and the exercise of any powers granted to port authorities and other public agencies to be severally or jointly exercised are public and governmental functions, exercised for a public purpose, and matters of public necessity. All land and other property and privileges acquired and used by or on behalf of any authority or other public agency, as provided in this part, must be used for public and governmental purposes and as a matter of public necessity. A port authority may pledge, lease, sell, or mortgage all or any part of its facilities to secure bonds under this part as provided in 7-14-1133 .
Mont. Code Ann. § 7-13-3038 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3038
7-13-3038 Limitation on repayment of loan to reserve fund
Status: in_force

7-13-3038 . Limitation on repayment of loan to reserve fund. Nothing in 7-13-3034 through 7-13-3039 permits the repayment of a loan to the reserve fund at any time unless all interest accrued on the bonds has been fully paid and all principal agreed to be paid in accordance with the redemption schedule as may be provided in the resolution or resolutions authorizing the bonds has been paid.
Mont. Code Ann. § 7-11-208 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-208
7-11-208 Qualifications of members of commission
Status: in_force

7-11-208 . Qualifications of members of commission. (1) Each member shall reside, at the time of appointment, within the county if selected by the board of county commissioners or within the city or town by which appointed.

(2) A member may not be an official or employee of any unit of local government.
Mont. Code Ann. § 7-12-4106 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4106
7-12-4106 Notice of passage of resolution of intention -- exception
Status: in_force

7-12-4106 . Notice of passage of resolution of intention -- exception. (1) Except as provided in subsection (4), upon having passed the resolution of intention pursuant to 7-12-4104 , the council shall give notice of the passage of the resolution of intention.

(2) The notice must be published as provided in 7-1-2121 . A copy of the notice must be mailed to each person, firm, or corporation or the agent of the person, firm, or corporation having real property within the proposed district listed in the owner's name upon the last-completed assessment roll for state, county, and school district taxes, at the owner's last-known address, upon the same day that the notice is first published or posted.

(3) (a) The notice must describe the general character of the proposed improvements, state the estimated cost of the improvements, describe generally the method by which the costs of the improvements will be assessed, and designate the time when and the place where the council will hear and pass upon all written protests that may be made against the making or acquisition of the improvements or the creation of the district. If the method of assessment described in 7-12-4162 (3)(a) is used, the notice must state that if an increase occurs in the number of benefited lots, tracts, or parcels within the boundaries of the district during the term of the bonded indebtedness, the assessment per lot, tract, or parcel then in the district will be recalculated as provided in 7-12-4162 (3)(b).

(b) If the revolving fund is to be pledged to secure the payment of bonds and warrants, the notice must include a statement that, subject to the limitations in 7-12-4222 :

(i) the general fund of the city or town may be used to provide loans to the revolving fund; or

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

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

(4) The provisions of this section do not apply to a district that is created under 7-12-4114 following receipt of a petition as provided in 7-12-4102 (3).
Mont. Code Ann. § 7-15-4236 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4236
7-15-4236 Conduct of business
Status: in_force

7-15-4236 . Conduct of business. The powers and responsibilities of an urban renewal agency shall be exercised by the commissioners thereof. A majority of the commissioners constitutes a quorum for the purpose of conducting business and exercising the powers and responsibilities of the agency and for all other purposes. Action may be taken by the agency upon a vote of a majority of the commissioners present unless in any case the bylaws shall require a larger number. Meetings of the board of commissioners must be open to the public as provided in 2-3-203 with the opportunity for public comment as provided in 2-3-103 .
Mont. Code Ann. § 7-7-4601 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4601
7-7-4601 Short title
Status: in_force

7-7-4601 . Short title. This part may be cited as "The Revenue Bond Refinancing Act of 1937".
Mont. Code Ann. § 7-13-4108 — MT Code / Title 7 / Chapter 13 / Part 41 / Section 7-13-4108
7-13-4108 Local government authority to charge for solid waste services -- procedure to collect charges
Status: in_force

7-13-4108 . Local government authority to charge for solid waste services -- procedure to collect charges. (1) The governing body of a municipality operating a solid waste management system pursuant to 75-10-112 may charge its solid waste customers for services rendered either by rates, rentals, and charges or by levy pursuant to 75-10-112 . The governing body may fix, establish, and adjust, by ordinance or resolution, and collect rates, rentals, and charges for the services, facilities, and benefits directly or indirectly afforded by the system, taking into account services provided and benefits received. The rates, rentals, and charges must be collected by the municipal treasurer or clerk.

(2) (a) Solid waste rates, rentals, and charges on solid waste customers may take into consideration:

(i) the quantity of solid waste produced;

(ii) the cost of disposal of solid waste;

(iii) payment of the reasonable expense of operation and maintenance;

(iv) payment of the sums required to be paid into the sinking fund;

(v) accumulation of reserves; and

(vi) payment of expenditures for depreciation and replacement of equipment as determined necessary by the governing body.

(b) The governing body may adjust the rates, rentals, and charges to meet the requirements of this section.

(c) The rates, rentals, and charges must be uniform for like services regardless of the location of the customer in the municipality.

(3) Solid waste rates, rentals, and charges must be as nearly as possible equitable in proportion to the services and benefits rendered.

(4) No person, firm, or corporation may be permitted to use the system unless they pay the full and established rate for solid waste service.

(5) (a) In the event of nonpayment of rates, rentals, or charges for solid waste service and benefits, the governing body may direct the provision of solid waste service to be discontinued until the rates, rentals, or charges are paid.

(b) No person may have service reestablished after it is discontinued pursuant to subsection (5)(a) until the full amount past due, any interest or penalty on the past-due amount, and any required reestablishment deposit are paid.

(6) (a) On or before July 7 of each year, the municipal treasurer or clerk shall give notice to the owners of all lots or parcels of real estate to which solid waste service was furnished prior to July 1 by the city or town. The written notice must:

(i) specify the assessment owing and in arrears at the time of notice, including any penalty and interest assessed pursuant to the provisions of the city or town ordinance;

(ii) state that unless the amount is paid within 30 days of the notice, the amount will be levied as a tax against the lot or parcel of real estate to which solid waste service was furnished and for which payment is delinquent;

(iii) state that the city or town may sue to collect past-due assessments, interest, and penalties, as a debt owing the city or town, in any court of competent jurisdiction, including city court; and

(iv) be delivered to the owner personally or by letter addressed to the owner at the post-office address of the owner as shown in property tax records maintained by the department of revenue.

(b) Except as provided in subsection (6)(c), at the time that the annual tax levy is certified to the county clerk, the municipal treasurer or clerk shall certify and file with the department of revenue a list of all lots or parcels of real estate, giving the legal description of the lot or parcel, to the owners of which notices of arrearage in payments were given and for which the arrearage remains unpaid and stating the amount of the arrearage, including any penalty and interest. The department of revenue shall insert the amount as a tax against the lot or parcel of real estate.

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

(7) A city or town may, in addition to pursuing the collection of assessments in the same manner as a tax, bring suit in any court of competent jurisdiction, including city court, to collect the amount due and owing, including penalties and interest, as a debt owing the city or town.
Mont. Code Ann. § 7-3-4402 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4402
7-3-4402 Appointment of department directors
Status: in_force

7-3-4402 . Appointment of department directors. The city manager shall appoint a director for each department, as specified in this part or as specified by ordinance of the commission, who shall serve until removed by the city manager or until the director's successor is appointed and has qualified.
Mont. Code Ann. § 7-3-4312 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4312
7-3-4312 Effect of organization of communities into single municipal district
Status: in_force

7-3-4312 . Effect of organization of communities into single municipal district. (1) Whenever any group of communities becomes a single municipal district under the provisions of this part, the commissioners elected at the first election have the same functions and authority and municipal procedure must be the same as is provided in this part when single communities, cities, or towns adopt the commission-manager form of government. The terms of all municipal officers in any prior city or town that is included in the new municipal district cease and terminate as soon as the commissioners adopt a resolution terminating the terms, and the corporate functions and existence of any prior municipal corporation may be terminated by the commissioners when the need for the further existence of the prior corporation has ended.

(2) Whenever any group of communities, including one or more incorporated cities or towns, becomes a single municipal district under this part, the municipal district has the same name as the principal incorporated city or town in the district.

(3) Whenever any group of communities, including one or more incorporated cities or towns, becomes a single municipal district under this part, the corporate property of each city or town becomes the property of the new municipality, but improvements paid for in whole or in part by special assessments upon abutting property within special improvement districts may not be considered municipal property within the meaning of this part to the extent of the special assessment payments. If a prior city or town has an unpaid indebtedness, the commissioners of the new municipality elected at the first municipal election shall inventory and appraise or cause to be inventoried and appraised all of the property, and if the amount of the indebtedness of the prior city or town exceeds the inventory value of the property surrendered to the new municipality by the prior city or town, then the excess of the indebtedness over the inventory value of the property is a charge only against the taxable property within the limits of the prior city or town and, subject to 15-10-420 , must be paid by levy upon the property located within the prior city or town.
Mont. Code Ann. § 7-14-1601 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1601
7-14-1601 Definitions
Status: in_force

7-14-1601 . Definitions. As used in this part, the following definitions apply:

(1) "Authority" means a rail authority as provided in this part.

(2) "Board" means a board of county commissioners.

(3) "Common carrier" means a railroad engaged in transportation for hire.

(4) "Directors" means the directors of the rail authority.
Mont. Code Ann. § 7-14-2804 — MT Code / Title 7 / Chapter 14 / Part 28 / Section 7-14-2804
7-14-2804 Acquisition of property for public ferries and wharves
Status: in_force

7-14-2804 . Acquisition of property for public ferries and wharves. (1) Upon the proper showing as provided in 7-14-2803 , each board of county commissioners may construct or acquire ferries by condemnation or purchase. Each board may also acquire all the necessary boats, grounds, roads, approaches, landings, and improvements pertaining to the ferry.

(2) Each board may acquire real property for these purposes under the provisions of Title 70, chapter 30.

(3) No board shall establish or maintain a county ferry or wharf with a landing place in any incorporated city or town which by its charter is vested with the power to build and regulate ferries, wharves, or landings at the feet of streets terminating at a river or harbor.
Mont. Code Ann. § 7-14-2826 — MT Code / Title 7 / Chapter 14 / Part 28 / Section 7-14-2826
7-14-2826 Regulation of ferry operation -- penalties
Status: in_force

7-14-2826 . Regulation of ferry operation -- penalties. (1) The board of county commissioners may make rules governing the operation of ferries and prescribing:

(a) how many boats must be kept, their character, and how they are propelled;

(b) the number of individuals to be employed and rules for their supervision;

(c) when and under what circumstances ferries may make trips in the nighttime;

(d) who may be ferried free of toll;

(e) in what cases of danger or peril a crossing is not to be made;

(f) penalties for violation of rules;

(g) the method of and preference in loading and crossing; and

(h) how and by whom action may be brought to recover penalties.

(2) Subject to the rules, ferry operators shall make trips to accommodate all passengers who desire to cross, and any failure to do so subjects the franchise to forfeiture by a proper proceeding for that purpose.

(3) The owner of a ferry shall have the rates of toll, as fixed by the board, printed or written and posted in some conspicuous place on or near the ferry.

(4) All ferry operators shall keep the banks of the streams or waters at the landings of their ferries graded and in good order for the passage of vehicles. For every day that compliance with this subsection is neglected, $25 is forfeited and must be collected, except as provided in 3-10-601 , for the use of the road fund of the county.
Mont. Code Ann. § 7-15-2113 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2113
7-15-2113 County housing authority to be nonprofit
Status: in_force

7-15-2113 . County housing authority to be nonprofit. It is hereby declared to be the policy of this state that:

(1) each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe, and sanitary dwelling accommodations; and

(2) no housing authority shall construct or operate any such project for profit or as a source of revenue to the county.
Mont. Code Ann. § 7-15-4421 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4421
7-15-4421 Municipal housing authority to be nonprofit
Status: in_force

7-15-4421 . Municipal housing authority to be nonprofit. It is hereby declared to be the policy of this state that:

(1) each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe, and sanitary dwelling accommodations; and

(2) no housing authority shall construct or operate any such project for profit or as a source of revenue to the city.
Mont. Code Ann. § 7-1-105 — MT Code / Title 7 / Chapter 1 / Part 1 / Section 7-1-105
7-1-105 State law applicable until superseded
Status: in_force

7-1-105 . State law applicable until superseded. All state statutes shall be applicable to self-government local units until superseded by ordinance or resolution in the manner provided in chapter 5, part 1 and subject to the limitations provided in this part.
Mont. Code Ann. § 7-11-1028 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1028
7-11-1028 Assessments as liens
Status: in_force

7-11-1028 . Assessments as liens. (1) An assessment made and levied to defray the cost and expenses of the program or improvements, together with any percentages imposed for delinquency and for cost of collection, constitutes a lien upon the property on which the assessment is made and levied from the date of the passage of the resolution levying the assessment. This lien may be extinguished only by payment of the assessment, with all penalties, costs, and interest, or by sale of the property as provided in subsection (2).

(2) When the payment of an installment of an assessment becomes delinquent, all payments of subsequent installments of the assessment may, at the option of the governing body and upon adoption of the appropriate resolutions, become delinquent. Upon delinquency in one or all installments, the whole property must be sold in the same manner as other property is sold for taxes. The enforcement of the lien of any installment of a special assessment by any method authorized by law does not prevent the enforcement of the lien of any subsequent installment when it becomes delinquent.
Mont. Code Ann. § 7-6-2225 — MT Code / Title 7 / Chapter 6 / Part 22 / Section 7-6-2225
7-6-2225 County hard-rock mine trust account -- expenditure restrictions
Status: in_force

7-6-2225 . County hard-rock mine trust account -- expenditure restrictions. (1) The governing body of a county receiving an allocation under 15-37-117 (1)(e) shall establish a county hard-rock mine trust account.

(2) Money received by a county pursuant to 15-37-117 or 90-6-331 must remain in the hard-rock mine trust account and may not be appropriated by the governing body until:

(a) a mining operation has permanently ceased all mining-related activity; or

(b) the number of persons employed full-time in mining activities by the mining operation is less than one-half of the average number of persons employed full-time in mining activities by the mining operation during the immediately preceding 5-year period.

(3) If the circumstances described in subsection (2)(a) or (2)(b) occur, the governing body of the county shall allocate at least one-third of the funds proportionally to affected high school districts and elementary school districts in the county and may use the remaining funds in the hard-rock mine trust account to:

(a) pay for outstanding capital project bonds or other expenses incurred prior to the end of mining activity or the reduction in the mining workforce described in subsection (2)(b);

(b) decrease property tax mill levies that are directly caused by the cessation or reduction of mining activity;

(c) promote diversification and development of the economic base within the jurisdiction of a local government unit through assistance to existing business for retention and expansion or to assist new business;

(d) attract new industry to the impact area;

(e) provide cash incentives for expanding the employment base of the area impacted by the changes in mining activity described in subsection (2); or

(f) provide grants or loans to other local government jurisdictions to assist with impacts caused by the changes in mining activity described in subsection (2).

(4) Except as provided in subsection (3)(b), money held in the hard-rock mine trust account may not be considered as cash balance for the purpose of reducing mill levies.

(5) Money in the hard-rock mine trust account must be invested as provided by law. Interest and income from the investment of funds in the account must be credited to the account.
Mont. Code Ann. § 7-11-209 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-209
7-11-209 Time of appointment
Status: in_force

7-11-209 . Time of appointment. The members of the interlocal cooperation commission shall be appointed within 60 days after the commission is authorized.
Mont. Code Ann. § 7-4-2812 — MT Code / Title 7 / Chapter 4 / Part 28 / Section 7-4-2812
7-4-2812 Duties related to roads and bridges
Status: in_force

7-4-2812 . Duties related to roads and bridges. (1) The board of county commissioners may assign responsibility for the supervision and direction of all highways, bridges, and causeways within the county to a county surveyor or to a county road superintendent. The board may allocate the duties between the surveyor and the superintendent.

(2) The duties are to:

(a) keep all highways and bridges free and clear of all obstructions;

(b) grade, maintain, and repair all highways;

(c) construct, maintain, and repair all bridges and causeways;

(d) make all surveys;

(e) establish grades;

(f) prepare plans, specifications, and estimates;

(g) keep accurate cost data;

(h) approve all claims against the county for all highway, bridge, and causeway construction, maintenance, and repair, prior to presentation to the board of county commissioners;

(i) employ and assign deputies and staff;

(j) purchase and secure all highway and bridge machinery and machinery equipment and tools to be used upon highways and bridges, with the approval of the board;

(k) purchase and secure all highway, bridge, and causeway supplies and materials, with the approval of the board;

(l) from time to time, make reports and estimates of all matters relating to highways and bridges when required by the board; and

(m) perform other duties required by law.

(3) The surveyor must receive the annual salary provided by law for salaried county surveyors and other county officials.
Mont. Code Ann. § 7-14-4647 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4647
7-14-4647 Interest on revenue bonds
Status: in_force

7-14-4647 . Interest on revenue bonds. Revenue bonds shall bear interest, payable annually or semiannually or in part annually and in part semiannually. Prior to the issuance of bonds, the commission may fix limitations or restrictions on the payment of interest.
Mont. Code Ann. § 7-14-2121 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2121
7-14-2121 County road districts
Status: in_force

7-14-2121 . County road districts. (1) The board of county commissioners may in its discretion divide the county into suitable road districts and place each district in the charge of a competent road supervisor. The board shall order and direct each supervisor in the work to be done in the district.

(2) If the board does not divide the county into districts, the county constitutes one road district.
Mont. Code Ann. § 7-14-4659 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4659
7-14-4659 Funding and refunding bonds authorized
Status: in_force

7-14-4659 . Funding and refunding bonds authorized. (1) The commission may provide for the issuance, sale, or exchange of refunding bonds for the purpose of redeeming or retiring any revenue bonds issued by the commission. Funding or refunding bonds may be issued in a principal amount sufficient to provide funds for the payment of all bonds to be funded or refunded thereby and, in addition, for the payment of all expenses incident to the calling, retiring, or paying of such outstanding bonds and the issuance of such funding or refunding bonds.

(2) All provisions of this part applicable to the issuance of revenue bonds are applicable to the funding or refunding bonds and to the issuance, sale, or exchange thereof.
Mont. Code Ann. § 7-4-2801 — MT Code / Title 7 / Chapter 4 / Part 28 / Section 7-4-2801
7-4-2801 Qualifications for county surveyor and deputies
Status: in_force

7-4-2801 . Qualifications for county surveyor and deputies. (1) Except as provided in subsection (3), a county surveyor must be a professional engineer as defined in 37-67-101 or professional land surveyor as defined in 37-67-101 .

(2) All deputies must also have a practical knowledge of engineering or land surveying.

(3) When the office of county surveyor is consolidated with another county office within the county, the requirements of subsection (1) are waived. Unless the officeholder has the qualifications prescribed in subsection (1), the officer shall, with the approval of the governing body, contract for the services of a person with those qualifications to perform the duties of county surveyor.