Mont. Code Ann. § 7-14-1611 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1611
7-14-1611 Resolution of intention to create rail authority
Status: in_force

7-14-1611 . Resolution of intention to create rail authority. (1) A board of county commissioners may create an authority encompassing an entire county or a portion of a county. Before creating an authority, the board shall pass a resolution of intention.

(2) The resolution must state:

(a) the proposed name of the authority;

(b) the proposed boundaries of the authority; and

(c) the number of directors of the authority.
Mont. Code Ann. § 7-2-4421 — MT Code / Title 7 / Chapter 2 / Part 44 / Section 7-2-4421
7-2-4421 When land conclusively presumed to be annexed
Status: in_force

7-2-4421 . When land conclusively presumed to be annexed. A tract or parcel of land that has been shown on municipal maps or plats as being within municipal boundaries but is later found to have been improperly or unofficially annexed is conclusively presumed to be annexed and may be so recorded if municipal taxes have been paid on the tract or parcel without protest for a period of 7 years.
Mont. Code Ann. § 7-7-110 — MT Code / Title 7 / Chapter 7 / Part 1 / Section 7-7-110
7-7-110 Authorization of bonds
Status: in_force

7-7-110 . Authorization of bonds. (1) Upon approval by the Montana transportation commission, a city, county, or consolidated city-county government may issue revenue bonds to finance the construction and construction engineering phases of projects on the urban highway system within its jurisdiction to:

(a) fund the share that the bond issuer might otherwise expend for proportionate matching of federal funds allocated for the construction of highways, roads, streets, or bridges;

(b) make a deposit to a reserve fund securing the bonds; and

(c) pay costs of issuance and sale of the bonds.

(2) The bonds may be authorized by a resolution adopted by the governing body of the bond issuer without need for authorization by the electors of the bond issuer. The resolution must establish the terms, covenants, and conditions of the bonds. The resolution may authorize that the bonds be issued under and secured by a trust indenture between the issuer and a trustee, which may be a trust company or bank having the power of a trustee inside or outside the state. The bonds may be sold at public or private sale, on terms and at prices that the governing body determines to be advantageous. The bonds do not constitute and may not be included as an indebtedness or liability of the issuer for purposes of any statutory debt limitation, do not constitute general obligations, and may not be secured by the taxing power of the issuer.

(3) The bonds are payable from and secured by the grants or other funds payable to and received by the department of transportation and apportioned by the department of transportation to the issuer of the bonds for urban highway system improvements or for improvements conducted as provided in 15-70-101 (2). In the resolution or the trust indenture providing for the issuance of the bonds, the governing body of the issuer shall irrevocably pledge and appropriate to the debt service fund from which the bonds are payable the funds apportioned or to be apportioned to the issuer by the department of transportation in an amount sufficient to pay the principal of and the interest on the bonds as due.

(4) Bonds may be issued under this section only if:

(a) the bonds are issued in principal amounts and on terms that provide that the amount of principal and interest due in any fiscal year on the bonds and on any other revenue bonds of the issuer outstanding and issued under this section does not exceed the amount of the revenue pledged to the payment of the bonds and to be received in that fiscal year as estimated by the governing body of the issuer in the resolution authorizing the issuance of the bonds; and

(b) the final maturity of the bonds is not more than 20 years after the date of issuance of the bonds.

(5) Proceeds from the sale of the bonds must be used to fund urban highway system projects approved by the transportation commission through an agreement with the issuer in accordance with 60-2-127 (4), and the proceeds to be used for the construction must be deposited with the department of transportation. The proceeds must be expended by the department of transportation in accordance with other applicable provisions of law.

(6) A city, county, or consolidated city-county government issuing bonds pursuant to this section shall certify to the director of the department of transportation and the director of the department of administration promptly upon the issuance of the bonds the principal amount and terms of the bonds and the amount of money required each fiscal year for the payment of principal and interest on the bonds.

(7) The powers conferred on a city, county, or consolidated city-county government by this section are in addition to and are supplemental to the powers conferred by any other general, special, or local laws. To the extent that the provisions of this section are inconsistent with the provisions of any other general, special, or local law, the provisions of this section are controlling.
Mont. Code Ann. § 7-34-2115 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2115
7-34-2115 District to be governed by elected trustees -- legal assistance
Status: in_force

7-34-2115 . District to be governed by elected trustees -- legal assistance. (1) A hospital district must be governed and managed by a board of three or five trustees, elected by the registered electors residing in the district. The number of trustees on the board and, if the number is set at five, the initial terms of two trustees must be fixed by the bylaws of the district.

(2) The trustees must be elected from among the registered electors qualified to vote at general elections within the district.

(3) The trustees may call upon the county attorney for legal advice and services as they may require.
Mont. Code Ann. § 7-8-2401 — MT Code / Title 7 / Chapter 8 / Part 24 / Section 7-8-2401
7-8-2401 Authorization to exchange tax-deed land with United States for certain purposes
Status: in_force

7-8-2401 . Authorization to exchange tax-deed land with United States for certain purposes. (1) All real property acquired by any county under tax title which in the judgment of the board of county commissioners is suitable for the production of trees or as a watershed or for other national forest purposes may be conveyed by deed to the United States by the board in exchange for government land or timber, if in the discretion of the board it is to the advantage and best interests of the county to make such exchange.

(2) The board is hereby authorized to accept from the United States for and on behalf of the county, as full compensation for such county land so exchanged, title to land or timber of the United States equal in value to the appraised value of the county land so exchanged for the same.

(3) No public notice of the intention to convey title to the United States to any of the property subject to this part shall be necessary. The board shall have authority to defray all expenses necessarily incident to such exchange.
Mont. Code Ann. § 7-5-105 — MT Code / Title 7 / Chapter 5 / Part 1 / Section 7-5-105
7-5-105 Effective date of ordinance
Status: in_force

7-5-105 . Effective date of ordinance. No ordinance other than an emergency ordinance shall be effective until 30 days after second and final adoption. The ordinance may provide for a delayed effective date or may provide for the ordinance to become effective upon the fulfillment of an indicated contingency.
Mont. Code Ann. § 7-12-1114 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1114
7-12-1114 Hearing on protest -- sufficient protest to bar proceedings
Status: in_force

7-12-1114 . Hearing on protest -- sufficient protest to bar proceedings. (1) At a regular meeting of the governing body after the expiration of the time within which protest may be made, the governing body shall proceed to hear and pass upon all protests. Its decision shall be final and conclusive.

(2) The governing body may adjourn the hearing from time to time. A protestant shall have the right to withdraw a protest at any time before final action thereon by the council or commission.

(3) No further action shall be taken upon the proposed district or proposed expansion of an existing district for 1 year if a written protest against passage of the proposed ordinance is filed by:

(a) owners of property within the proposed district or area of a proposed expansion having a taxable valuation, when aggregated, representing not less than 50% of the total taxable valuation of property within the district or within the area of a proposed expansion;

(b) not less than 50% of the owners of property within the district or area of a proposed expansion; or

(c) owners of property within the proposed district or area of a proposed expansion having projected assessments, when aggregated, representing not less than 50% of the total projected assessments for property within the district or within the area of a proposed expansion.
Mont. Code Ann. § 7-12-4182 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4182
7-12-4182 Collection of district assessments by city treasurer in cities collecting their own taxes -- delinquencies
Status: in_force

7-12-4182 . Collection of district assessments by city treasurer in cities collecting their own taxes -- delinquencies. (1) In each city or town that provides by ordinance for the collection of its taxes for general, municipal, and administrative purposes by its city treasurer or town clerk, the city treasurer or town clerk shall collect all special assessments and taxes levied and assessed in accordance with any of the provisions of part 42 and this part in the same manner and at the same time as taxes for general, municipal, and administrative purposes are collected. All of the provisions of 7-6-4423 apply to the collection of the special taxes and assessments in the same manner as the provisions apply to the collection of other city or town taxes.

(2) (a) When the payment of an installment of a special assessment becomes delinquent, all payments of subsequent installments may, at the option of the city or town council and upon adoption of the appropriate resolutions, become delinquent. The city or town may, pursuant to 7-12-4184 , order that all assessments that are delinquent for specific parcels of land as a result of acceleration be withdrawn.

(b) Upon delinquency in one or all installments, the whole property must be sold the same 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. § 7-6-1532 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1532
7-6-1532 Resort area district authorized
Status: in_force

7-6-1532 . Resort area district authorized. The qualified electors of a resort area may create a resort area district by proceeding under the provisions of 7-6-1533 through 7-6-1536 , 7-6-1539 through 7-6-1544 , 7-6-1546 through 7-6-1548 , and 7-6-1550 .
Mont. Code Ann. § 7-34-2418 — MT Code / Title 7 / Chapter 34 / Part 24 / Section 7-34-2418
7-34-2418 General tax to support bonds authorized
Status: in_force

7-34-2418 . General tax to support bonds authorized. (1) (a) The governing body of a county may, with respect to bonds issued by the county pursuant to 7-34-2411 for a health care facility and if approved by the voters as provided in 7-34-2414 , by resolution covenant that:

(i) in the event that at any time all revenue, including taxes, appropriated and collected for the bonds is insufficient to pay principal or interest then due, it will levy a general tax upon all of the taxable property in the county for the payment of the deficiency; and

(ii) at any time a deficiency is likely to occur within 1 year for the payment of principal and interest due on the bonds, it will levy a general tax upon all the taxable property in the county for the payment of the deficiency.

(b) The resolution must state the principal amount and purpose of the bonds and the substance of the covenant respecting deficiencies.

(2) The taxes are not subject to any limitation of rate or amount applicable to other county taxes but are limited to a rate estimated to be sufficient to produce the amount of the deficiency.

(3) In the event that the health care facility for which bonds are issued pursuant to 7-34-2411 is a joint institution, as provided in part 25, and the deficiency tax levy is authorized under 7-34-2417 , the counties may apportion the obligation to levy taxes for the payment of or in anticipation of a deficiency in the revenues appropriated for the bonds in the manner as the counties shall determine.
Mont. Code Ann. § 7-14-4302 — MT Code / Title 7 / Chapter 14 / Part 43 / Section 7-14-4302
7-14-4302 Regulation of lighting for railway right-of-way -- crossings
Status: in_force

7-14-4302 . Regulation of lighting for railway right-of-way -- crossings. (1) The city or town council may require the lighting of any railroad track or route within a city or town, the cars of which are propelled by steam or otherwise, and fix and determine the number, style, and size of lampposts, burners, lamps, and all other fixtures and apparatus necessary for such lighting and the points of location of the lampposts.

(2) The city or town council may:

(a) require the construction of crossings on the line of any railroad track or route within the city or town, the cars of which are propelled by steam or otherwise, where the track intersects or crosses any street, alley, or public highway or runs along the same; and

(b) fix and determine the size, kind, and grade of the crossing.

(3) In case the owner of such railroad fails to comply with the requirements, the council may cause the same to be done. The council may assess the expense thereof against the owner, and the expense constitutes a lien on any property belonging to the owner within the city or town and may be collected as other taxes.
Mont. Code Ann. § 7-14-4644 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4644
7-14-4644 Restrictions on use of reserve to make payments on revenue bonds
Status: in_force

7-14-4644 . Restrictions on use of reserve to make payments on revenue bonds. The funds from which the transfers authorized by 7-14-4643 (2)(g) are made must be reimbursed from the next collections of other revenue enumerated in 7-14-4643 that is not needed for full compliance with provisions of indentures securing all outstanding obligations of the commission. This section does not permit the levy of taxes at any time in excess of the deficiency existing in the reserve, but subject to 15-10-420 , a tax as may be needed, with other funds determined by the legislative body to be available to meet the deficiency, may be levied.
Mont. Code Ann. § 7-33-4202 — MT Code / Title 7 / Chapter 33 / Part 42 / Section 7-33-4202
7-33-4202 Provision for fire equipment
Status: in_force

7-33-4202 . Provision for fire equipment. The city or town council has power to erect engine, hose, and hook-and-ladder houses and to provide engines and other implements for the extinguishment of fire.
Mont. Code Ann. § 7-8-2513 — MT Code / Title 7 / Chapter 8 / Part 25 / Section 7-8-2513
7-8-2513 Appraisal of land required -- exception -- challenge -- restrictions
Status: in_force

7-8-2513 . Appraisal of land required -- exception -- challenge -- restrictions. (1) The county commissioners shall, before they sell, exchange, or lease lands with an estimated value of more than $20,000 under the provisions of this part, have the lands appraised by a disinterested certified general real estate appraiser to determine the value of the lands for the purpose of the sale, exchange, or lease.

(2) For the purposes of this section, a renewal of the lease is considered an initial lease if the renewal is for a term exceeding 5 years.

(3) The board of county commissioners may lease mineral interests in land, whether the interests are severed or not, without an appraisal as required by subsection (1).

(4) A taxpayer who believes that the appraised value under this section is less than the actual value of the property may challenge the appraised value. The procedure provided in 7-8-2215 must be followed when a challenge of the appraised value of real property under this part is filed.

(5) Except as otherwise provided by law, the board of county commissioners may not under the provisions of this part sell, exchange, or lease lands appraised pursuant to subsection (1) for less than the appraised value.

(6) This section does not apply to land acquired by tax deed that failed to sell for appraised value as provided in 7-8-2301 (5)(b).
Mont. Code Ann. § 7-13-2351 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2351
7-13-2351 Dissolution of district by petition
Status: in_force

7-13-2351 . Dissolution of district by petition. (1) A district may be dissolved as provided in 7-13-2352 or this section.

(2) Upon receipt of a petition to dissolve the district, signed by more than 50% of the property owners of the district, the board of directors shall set a date for a public hearing on dissolution of the district. The hearing date may be not earlier than 45 days or later than 60 days after the date on which the board schedules the date of the hearing. A notice of the public hearing on the dissolution must be published as provided in 7-1-2121 . The published notice must include notice to creditors of the district to present claims owed by the district to the board of directors prior to the date set for the dissolution hearing.

(3) At the dissolution hearing the board of directors shall hear testimony of all persons interested in whether the district should be dissolved and shall determine whether there are any outstanding debts of the district.

(4) After the hearing, if the board determines that dissolution of the district is in the best interest of the public and that there are no outstanding debts of the district, it may resolve to recommend that the district be dissolved. A copy of the resolution must be sent to the county commissioners of the county or counties in which the district is located.

(5) The district is dissolved after the approval of the dissolution by all the boards of county commissioners of the counties in which the district is located. An instrument approving dissolution must be filed with the clerk and recorder of the county or counties in which the district is located, who shall then notify the secretary of state.

(6) Any assets of the district after dissolution must be distributed according to a specific plan adopted by the board of directors after a public hearing and as provided in the resolution recommending that the district be dissolved.
Mont. Code Ann. § 7-35-2135 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2135
7-35-2135 Term of office for trustees of fund
Status: in_force

7-35-2135 . Term of office for trustees of fund. The tenure of office of the trustee or trustees of such fund shall be for the term of 3 years unless they permanently remove from the state of Montana or are removed from office by the judge of said district court for good cause shown or their tenure is otherwise terminated as provided in 7-35-2131 through 7-35-2150 .
Mont. Code Ann. § 7-12-2171 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2171
7-12-2171 Details relating to rural improvement district bonds and warrants
Status: in_force

7-12-2171 . Details relating to rural improvement district bonds and warrants. (1) (a) The bonds and warrants must be drawn against either the construction or maintenance fund created for the special improvement district and must bear interest from the date of registration until called for redemption or paid in full. Bonds or warrants sold at a private, negotiated sale may bear interest at a rate varying periodically at the time or times and on the terms determined by the board of county commissioners. The terms determined by the board of county commissioners may include the establishment of a maximum rate of interest or the convertibility to a fixed rate of interest.

(b) Variable rate bonds may be sold at a private negotiated sale.

(c) The interest must be payable annually or semiannually, at the discretion of the board of county commissioners, on the dates that the board prescribes. The warrants or bonds must bear the signatures of the presiding officer of the board and the county clerk and may bear the corporate seal of the county. The warrants or bonds must be registered in the office of the county clerk and the county treasurer, and if interest coupons are attached to the warrants or bonds, the interest coupons must also be registered and must bear the signatures of the presiding officer of the board and the county clerk. The coupons may bear the facsimile signatures of the officers in the discretion of the board.

(2) The bonds must be in denominations of $100 or fractions or multiples of $100, may be issued in installments, and may extend over a period not to exceed 30 years. However, if federal loans are available for improvements, repayment may extend over a period not to exceed 40 years. For the purposes of this subsection, the term of a bond issue commences on July 1 of the fiscal year in which the county first levies to pay principal and interest on the bonds.

(3) If applicable, the board of county commissioners shall specify whether the bonds are tax credit bonds as provided in 17-5-117 , recovery zone economic development bonds or recovery zone facility bonds as provided in 7-7-140 , or qualified energy conservation bonds as provided in 7-7-141 .
Mont. Code Ann. § 7-14-241 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-241
7-14-241 Procedure to be included in district or to remove addition to or existing property from district
Status: in_force

7-14-241 . Procedure to be included in district or to remove addition to or existing property from district. (1) A real property owner may petition to have that owner's property included in a district. The addition of the real property owner's property must be approved by a majority vote of the transportation board.

(2) An area added to a district pursuant to this part may be removed from the district if the area does not receive direct transportation services from the district and 51% of the qualified voters in the area to be removed sign a petition requesting to be removed from the district. The removal of the area is effective 60 days after submission of the petition to the transportation board unless within that time, it is determined that the petition contains insufficient signatures for removal of the area. An insufficient petition must be returned to the petitioners, who may resubmit a corrected version within 90 days. A transportation district shall maintain an inventory or map that clearly delineates areas added to the district.

(3) A real property owner or owners that are part of the existing district may be removed from the district if the area has not received direct transportation services from the district in the last 5 years and 51% of the qualified voters in the area to be removed sign a petition requesting to be removed from the district. The removal of the area is effective 60 days after submission of the petition to the transportation board unless within that time it is determined that the petition contains insufficient signatures for removal of the area. An insufficient petition must be returned to the petitioners, who may resubmit a corrected version within 90 days.

(4) (a) Except as provided in subsection (4)(b), all property within any addition to a district is subject to all existing indebtedness of the district.

(b) (i) Property within an area removed from a district is not subject to the district's existing indebtedness if the area was added to the district within 5 years of the date on which the petition for removal was submitted to the transportation board.

(ii) Property within an area removed from a district is not subject to the district's existing indebtedness if the area has not received direct transportation services within 5 years of the date on which the petition for removal was submitted to the transportation board.
Mont. Code Ann. § 7-2-4607 — MT Code / Title 7 / Chapter 2 / Part 46 / Section 7-2-4607
7-2-4607 Filing of resolution
Status: in_force

7-2-4607 . Filing of resolution. (1) The clerk or other officer performing the duties of clerk of such council or legislative body shall promptly make and certify under the seal of said municipal corporation a copy of said record so entered upon said minutes, which document shall be filed with the clerk of the county in which the city or town to which said territory or territories are sought to be annexed is situated.

(2) From and after the date of the filing of said document in the office of the county clerk, the annexation of such territory or territories so proposed to be annexed shall be deemed and shall be complete. Thenceforth such annexed territory or territories shall be, to all intents and purposes, a part of said municipal corporation, and the said city or town to which the annexation is made has the power to pass all necessary ordinances pertaining thereto.
Mont. Code Ann. § 7-3-4219 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4219
7-3-4219 Council offices
Status: in_force

7-3-4219 . Council offices. The council shall have its office at the city hall.
Mont. Code Ann. § 7-6-1505 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1505
7-6-1505 Resort tax administration
Status: in_force

7-6-1505 . Resort tax administration. (1) In this section, "governing body" means:

(a) the governing body of a resort community;

(b) if the resort tax has been approved by the qualified electors of a resort area, the board of county commissioners; or

(c) if the qualified electors of the resort area establish a resort area district, the district board of directors.

(2) Not less than 30 days prior to the date that the resort tax becomes effective, the governing body shall enact an administrative ordinance governing the collection and reporting of the resort taxes. This administrative ordinance may be amended at any time as may be necessary to effectively administer the resort tax.

(3) The administrative ordinance must specify:

(a) the times that taxes collected by businesses are to be remitted to the governing body;

(b) the office, officer, or employee of the governing body responsible for receiving and accounting for the resort tax receipts;

(c) the office, officer, or employee of the governing body responsible for enforcing the collection of resort taxes and the methods and procedures to be used in enforcing the collection of resort taxes due; and

(d) the penalties for failure to report taxes due, failure to remit taxes due, and violations of the administrative ordinance. The penalties may include:

(i) criminal penalties not to exceed a fine of $1,000 or 6 months' imprisonment, or both;

(ii) civil penalties if the governing body prevails in a suit for the collection of resort taxes, not to exceed 50% of the resort taxes found due plus the costs and attorney fees incurred by the governing body in the action;

(iii) revocation of a county or municipal business license held by the offender; and

(iv) any other penalties that may be applicable for violation of an ordinance.

(4) The administrative ordinance may include:

(a) further clarification and specificity in the categories of goods and services that are subject to the resort tax consistent with 7-6-1503 ;

(b) authorization for business administration and prepayment discounts. The discount authorization may allow each vendor and commercial establishment to:

(i) withhold up to 5% of the resort taxes collected to defray their costs for the administration of the tax collection; or

(ii) receive a refund of up to 5% of the resort tax payment received from them by the governing body 10 days prior to the collection due date established by the administrative ordinance.

(c) other administrative details necessary for the efficient and effective administration of the tax.
Mont. Code Ann. § 7-33-2141 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2141
7-33-2141 Division of fire district authorized
Status: in_force

7-33-2141 . Division of fire district authorized. Fire districts may be divided as provided in 7-33-2142 through 7-33-2144 .
Mont. Code Ann. § 7-15-2105 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2105
7-15-2105 Decision of board of county commissioners
Status: in_force

7-15-2105 . Decision of board of county commissioners. (1) After such a hearing, the board of county commissioners shall determine:

(a) whether unsanitary or unsafe inhabited dwelling accommodations exist in the county; and/or

(b) whether there is a lack of safe or sanitary dwelling accommodations in the county available for all the inhabitants thereof.

(2) If it shall determine that either or both of the above-enumerated conditions exist, the board shall adopt a resolution so finding (which need not go into any detail other than the mere finding) and shall thereupon appoint, as hereinafter provided, five commissioners to act as an authority.

(3) If the board, after a hearing as aforesaid, shall determine that neither of the above-enumerated conditions exist, it shall adopt a resolution denying the petition. After 3 months shall have expired from the date of the denial of any such petition, subsequent petitions may be filed as aforesaid and new hearings and determinations made thereon.
Mont. Code Ann. § 7-5-4125 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4125
7-5-4125 Convenience fee for electronic municipal government services
Status: in_force

7-5-4125 . Convenience fee for electronic municipal government services. (1) The municipality may charge a convenience fee and may allow municipal departments to collect the convenience fee on selected electronic government services in order to provide funding for the support and furtherance of electronic government services.

(2) As used in this section, "convenience fee" means a fee charged to recover the costs of providing electronic government services.
Mont. Code Ann. § 7-7-4629 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4629
7-7-4629 Management of enterprise
Status: in_force

7-7-4629 . Management of enterprise. (1) In order that the payment of the refunding bonds and interest on the bonds is adequately secured, any municipality issuing refunding bonds pursuant to this part and the proper officers, agents, and employees of the municipality shall at all times:

(a) operate the enterprise in an efficient and economical manner and establish, levy, maintain, and collect fees, tolls, rentals, rates, and other charges in connection with the enterprise as may be necessary or proper, in an amount that is sufficient, after making due and reasonable allowances for contingencies and for a margin of error in the estimates:

(i) to pay all current expenses of operation, maintenance, and repair of the enterprise;

(ii) to pay the interest on and principal of the refunding bonds as the principal becomes due and payable;

(iii) to comply in all respects with the terms of the resolution authorizing the issuance of refunding bonds or any other contract or agreement with the holders of the refunding bonds; and

(iv) to meet any other obligations of the municipality that are charges, liens, or encumbrances upon the revenue of the enterprise;

(b) operate, maintain, preserve, and keep or cause to be operated, maintained, preserved, and kept the enterprise and every part of the enterprise in good repair, working order, and condition;

(c) pay and discharge or cause to be paid or discharged any lawful claims for labor, materials, and supplies that, if unpaid, might by law become a lien or charge upon the revenue prior or superior to the lien of the refunding bonds or that might impair the security of the refunding bonds, to the end that the priority and security of the refunding bonds are fully preserved and protected;

(d) keep proper books of record and accounts of the enterprise, separate from all other records and accounts, in which complete and correct entries must be made of all transactions relating to the enterprise and that, together with all other books and papers of the municipality, must at all times be subject to the inspection of the holders of not less than 10% of the refunding bonds then outstanding or the holders' representatives authorized in writing.

(2) The duties in subsection (1) may not be construed to require the expenditure in any manner or for any purpose by the municipality of any funds other than revenue received or receivable from the enterprise.
Mont. Code Ann. § 7-3-143 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-143
7-3-143 Special requirements if consolidation recommended
Status: in_force

7-3-143 . Special requirements if consolidation recommended. (1) Whenever county-municipal consolidation is recommended, a petition, in addition to the material required in 7-3-142 , must contain a consolidation plan which:

(a) provides for adjustment of existing bonded indebtedness and other obligations in a manner which assures a fair and equitable burden of taxation for debt service;

(b) provides for establishment of subordinate service districts;

(c) provides for the transfer or other disposition of property and other rights, claims, assets, and franchises of the local governments consolidated under its proposal;

(d) provides the official name of the consolidated local government; and

(e) (i) provides for the transfer, reorganization, abolition, adjustment of boundaries, or absorption of all existing boards, bureaus, special districts, subordinate service districts, local improvement districts, agencies, and political subdivisions of the consolidated governments, excluding school districts and nonconsolidated municipalities; or

(ii) grants the legislative body of the consolidated government the authority to transfer, reorganize, abolish, adjust boundaries (and may provide a method for adjusting boundaries), or absorb existing boards, bureaus, special districts, subordinate service districts, local improvement districts, agencies, and political subdivisions of the consolidated governments, excluding school districts and nonconsolidated municipalities, with or without referendum requirements.

(2) The consolidation plan may include other provisions that are consistent with state law.

(3) Whenever amendments to an existing consolidation plan are recommended, a petition must contain a certificate containing amendments to the consolidation plan.
Mont. Code Ann. § 7-4-2202 — MT Code / Title 7 / Chapter 4 / Part 22 / Section 7-4-2202
7-4-2202 General qualifications for district or township offices
Status: in_force

7-4-2202 . General qualifications for district or township offices. A person is not eligible to a district or township office unless the person is:

(1) of voting age as required by the Montana constitution;

(2) a citizen of the state; and

(3) an elector of the district or township in which the duties of the office are to be exercised or for which the person is elected.
Mont. Code Ann. § 7-21-2103 — MT Code / Title 7 / Chapter 21 / Part 21 / Section 7-21-2103
7-21-2103 Determination of persons required to obtain licenses -- classes of licenses
Status: in_force

7-21-2103 . Determination of persons required to obtain licenses -- classes of licenses. (1) The county treasurer shall make diligent inquiry as to all persons in the county required to pay a license fee as provided in this part.

(2) Whenever the licenses are divided into classes, the county treasurer shall require each person to state, under oath or affirmation, the probable amount of business that the person, the firm of which the person is a member or for which the person is an agent or attorney, or the association or corporation of which the person is the president, secretary, or managing agent will do in the succeeding 3 months. The person, agent, president, secretary, or other officer shall procure a license from the county treasurer for the term desired and the proper class. In all cases in which an underestimate has been made by the party applying, the party making the underestimate or the company that the party represented is required to pay double the sum otherwise required for a license for the next quarter.
Mont. Code Ann. § 7-14-2103 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2103
7-14-2103 Duties of county commissioners concerning county roads
Status: in_force

7-14-2103 . Duties of county commissioners concerning county roads. (1) A board of county commissioners has general supervision over the county roads within the county.

(2) A board may survey, view, lay out, record, open, work, and maintain county roads that are established in accordance with this chapter. Guideposts must be erected.

(3) A board may discontinue or abandon county roads when real property owners properly petition for discontinuance or abandonment.

(4) A board of county commissioners may determine the level and scope of maintenance on a county road under its jurisdiction, and a local entity or the state may not withhold funds based on the board's maintenance determinations.

(5) A board of county commissioners may issue encroachment permits on request pursuant to 7-14-2134 (6).
Mont. Code Ann. § 7-16-4107 — MT Code / Title 7 / Chapter 16 / Part 41 / Section 7-16-4107
7-16-4107 Use of park funds for public recreation
Status: in_force

7-16-4107 . Use of park funds for public recreation. (1) Any city or town, including any board of park commissioners, may expend funds from the band fund and the park fund of the city or town for the purpose of operating a program of public recreation and playgrounds and for this purpose may acquire, equip, and maintain land, buildings, and other recreation facilities.

(2) Any school district may cooperate in such program.
Mont. Code Ann. § 7-12-4229 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4229
7-12-4229 Disposal of funds deposited in revolving fund
Status: in_force

7-12-4229 . Disposal of funds deposited in revolving fund. Any funds without interest deposited in the revolving fund under 7-12-4169 (2) less the amount of any loan to the district fund not repaid may be returned to the owners of record of the property of the district in direct proportion of the original assessment on each piece of property, or as an alternative a municipality may transfer the funds placed in the revolving fund as a result of 7-12-4169 (2) to the general fund after the final payment of the district's bonds or warrants is paid.
Mont. Code Ann. § 7-16-2104 — MT Code / Title 7 / Chapter 16 / Part 21 / Section 7-16-2104
7-16-2104 Multicounty youth guidance centers
Status: in_force

7-16-2104 . Multicounty youth guidance centers. Two or more counties of this state may, through action of their respective boards of county commissioners, join together by contract in the establishment of a joint county youth guidance center. The cost and expenses of such joint county youth guidance center shall be apportioned between or among the contracting counties on such a basis as to be agreed upon by said contracting counties.
Mont. Code Ann. § 7-7-2239 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2239
7-7-2239 Rescission of resolution authorizing bond issue
Status: in_force

7-7-2239 . Rescission of resolution authorizing bond issue. If none of said bonds have been sold and issued within 3 years from the date of the bonding election and no vested rights have accrued thereunder, the board of county commissioners may rescind the authority to sell and issue such bonds by the passage and adoption of a resolution wherein is recited the reason for such rescission of authority.
Mont. Code Ann. § 7-1-4102 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4102
7-1-4102 Name of municipality
Status: in_force

7-1-4102 . Name of municipality. Every city or town organized under this title is entitled "the city of ...." (naming it) or "the town of ...." (naming it) and by such name has perpetual succession.
Mont. Code Ann. § 7-14-4202 — MT Code / Title 7 / Chapter 14 / Part 42 / Section 7-14-4202
7-14-4202 Payment of damages resulting from change of grade
Status: in_force

7-14-4202 . Payment of damages resulting from change of grade. When the grade of any street or sidewalk in any city or town is established by the corporate authority of such city or town and a building shall thereafter be constructed upon a lot abutting on said street, no change must be made in the grade of such street or sidewalk which requires the raising or lowering of any building so constructed until the damages which may accrue by reason of such raising or lowering are ascertained and paid as is hereinafter provided.
Mont. Code Ann. § 7-14-2405 — MT Code / Title 7 / Chapter 14 / Part 24 / Section 7-14-2405
7-14-2405 Performance bond to be given by successful bidder
Status: in_force

7-14-2405 . Performance bond to be given by successful bidder. Before entering upon performance of the work, the contractor shall comply with the requirements of Title 18, chapter 2, part 2. For the purposes of those sections with relation to contracts with the board, a contract shall not be completed until the board, while formally convened, affirmatively accepts all of the work thereunder.
Mont. Code Ann. § 7-14-2129 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2129
7-14-2129 Control of livestock in emergency area
Status: in_force

7-14-2129 . Control of livestock in emergency area. (1) A person who owns or has custody of livestock may not permit the livestock to run upon the emergency area unless the livestock is under herd in transit across the emergency area in the custody of an attendant.

(2) A sheriff or other peace officer may impound livestock running on an emergency area without an attendant and shall notify the rightful owner of such impounded livestock. If the sheriff or peace officer cannot determine the rightful owner, then a state stock inspector of the department of livestock or a deputy state stock inspector of the county may be called to examine the livestock for brands to determine ownership. The rightful owners shall be notified by the inspector, and the usual inspection fees and mileage shall be paid by the owner of such livestock.

(3) A person who violates subsection (1) is guilty of a misdemeanor and shall be fined not less than $10 or more than $50 for each violation.
Mont. Code Ann. § 7-12-2186 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2186
7-12-2186 Utilization of excess money in revolving fund
Status: in_force

7-12-2186 . Utilization of excess money in revolving fund. Whenever there is in the revolving fund an amount in excess of the amount deposited pursuant to 7-12-2153 (2) and in excess of 10% of the then-outstanding rural improvement district bonds and warrants secured by the revolving fund and the board considers any part of the excess to be greater than the amount necessary for payment or redemption of maturing bonds or warrants secured by the revolving fund or interest on the revolving fund, the board may order that any part of the amount the board considers greater than the amount necessary to be:

(1) transferred to the general fund of the county;

(2) used for the purchase of property at sales for delinquent taxes, assessments, or both; or

(3) used for the purchase of property that may have been struck off or sold to the county for delinquent taxes, assessments, or both and against which there is an unpaid assessment for special improvements and there are outstanding special improvement district bonds or warrants of the city or town.
Mont. Code Ann. § 7-14-4630 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4630
7-14-4630 Notice for bids to lease parking facility
Status: in_force

7-14-4630 . Notice for bids to lease parking facility. (1) The notice required by 7-14-4629 (1) shall consist of the publication of a notice as provided in 7-1-2121 inviting bids.

(2) Such notice shall distinctly and specifically describe the project and the facilities in connection therewith which are to be leased, the period of time for which said project is to be leased, and the minimum rental to be paid under such lease.
Mont. Code Ann. § 7-13-2280 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2280
7-13-2280 Levy of special assessments
Status: in_force

7-13-2280 . Levy of special assessments. (1) In lieu of imposing rates and charges to pay the capital costs of any improvement provided for in this part, a district may levy special assessments to defray the costs against property within the district and benefited by the improvement. The costs of the improvement may include the costs of issuance of any bonds issued to finance the improvement and any reserve securing payment of the bonds.

(2) The board of directors shall by resolution levy and assess upon all property in the district benefited by the improvement, by using for a basis for the assessment the method or methods provided for in 7-12-2151 .

(3) 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 assessment and the day when the assessment becomes delinquent.

(4) The resolution, signed by the presiding officer of the board of directors, must be kept on file in the office of the secretary.
Mont. Code Ann. § 7-12-4326 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4326
7-12-4326 Treatment of federal lands within lighting district
Status: in_force

7-12-4326 . Treatment of federal lands within lighting district. Whenever any lot, piece, or parcel of land belonging to the United States (or mandatory of the government) shall be included within the boundaries of the proposed special improvement lighting district declared by the city or town council in its resolution of intention to be the district to be assessed to pay the costs and expenses thereof, said council shall, in the resolution of intention, declare that said lots, pieces, or parcels of land shall be omitted from the assessment thereafter to be made to cover the costs and expenses of said work or improvement. The cost of said work or improvement which would have been assessed against said lots shall be paid by the city from its general fund.
Mont. Code Ann. § 7-6-4406 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4406
7-6-4406 Authority to levy special taxes and assessments
Status: in_force

7-6-4406 . Authority to levy special taxes and assessments. Subject to 15-10-420 , the council may assess and levy the special taxes or assessments provided for in this title.
Mont. Code Ann. § 7-7-2225 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2225
7-7-2225 Filing of petition with election administrator -- certificate
Status: in_force

7-7-2225 . Filing of petition with election administrator -- certificate. (1) The completed petition for an election on issuing bonds must be filed with the election administrator. The election administrator shall, within 15 days, carefully examine the petition and the county records showing the qualifications of the petitioners and attach a certificate, under official signature and the seal of the administrator's office.

(2) The certificate must set forth:

(a) the total number of individuals who are registered electors;

(b) which and how many of the individuals whose names are subscribed to the petition have all of the qualifications required of signers of a petition;

(c) whether the qualified signers constitute more or less than 20% of the registered electors of the county.
Mont. Code Ann. § 7-14-2112 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2112
7-14-2112 Width of roads
Status: in_force

7-14-2112 . Width of roads. (1) The width of all county roads, except bridges, alleys, or lanes, must be 60 feet unless a greater or smaller width is ordered by the board of county commissioners on petition of an interested person.

(2) The width of all private highways and byroads, except bridges, must be at least 20 feet.

(3) Nothing in this section shall be construed as increasing or decreasing the width of either kind of highway or road established or used as such prior to December 31, 1966.
Mont. Code Ann. § 7-14-1637 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1637
7-14-1637 Debt service fund
Status: in_force

7-14-1637 . Debt service fund. An authority may create a debt service fund and accumulate in the fund a sum determined by the directors, together with the interest on the sum, for the use, repair, maintenance, and capital outlay expenses of a railroad.
Mont. Code Ann. § 7-32-235 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-235
7-32-235 Search and rescue units authorized -- under control of county sheriff -- optional funding
Status: in_force

7-32-235 . Search and rescue units authorized -- under control of county sheriff -- optional funding. (1) A county may establish or recognize one or more search and rescue units within the county.

(2) (a) Except in time of martial rule as provided in 10-1-106 , search and rescue units and their officers are under the operational control and supervision of the county sheriff, or the sheriff's designee, having jurisdiction and whose span of control would be considered within reasonable limits.

(b) A county sheriff or the sheriff's designee may authorize the participation of members of the civil air patrol, including cadets under 18 years of age, in search and rescue operations.

(3) Subject to 15-10-420 , a county may, after approval by a majority of the people voting on the question at an election held throughout the county, levy an annual tax on the taxable value of all taxable property within the county to support one or more search and rescue units established or recognized under subsection (1). The election must be held as provided in 15-10-425 .

(4) A search and rescue unit established or recognized by a county may possess human remains as defined in 37-19-101 for the purpose of training canines used for search and rescue work.

(a) The county sheriff or the sheriff's designee shall keep an inventory of all human remains that are kept for the purpose of training search and rescue canines. The inventory must be updated when the search and rescue unit receives human remains or disposes of human remains that are no longer useful to the search and rescue unit.

(b) Each search and rescue unit that possesses human remains for the purpose of training search and rescue canines shall establish policies and standard operating procedures for access to, the inventory of, and the possession and disposal of human remains kept for the purpose of training search and rescue canines.
Mont. Code Ann. § 7-15-4501 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4501
7-15-4501 Authorization to issue bonds
Status: in_force

7-15-4501 . Authorization to issue bonds. The authority shall have power and is hereby authorized to issue, from time to time in its discretion, for any of its corporate purposes:

(1) bonds on which the principal and interest are payable:

(a) exclusively from the income and revenues of the housing project financed with the proceeds of such bonds or with such proceeds together with the proceeds of a grant from the federal government to aid in financing the construction thereof; or

(b) exclusively from the income and revenues of certain designated housing projects, whether or not they were financed in whole or in part with the proceeds of such bonds; provided, however, that the credit of the authority shall not be pledged to the payment of such bonds, but such bonds shall be payable only (and the bonds shall so state on their face) from the revenues of the designated housing project or projects and the funds received from the sale or disposal thereof and, if the authority so determines, shall be additionally secured by a trust indenture pledging such revenues or, in certain instances as hereinafter provided, by a mortgage of the property comprising such designated housing project or projects and the revenue therefrom;

(2) bonds for the payment of the principal and interest of which the credit of the authority is pledged and which may be additionally secured by a pledge of the revenues of the authority or any part thereof pursuant to a resolution or trust indenture of the authority or, in certain instances as hereinafter provided, may be additionally secured by a mortgage of the property and revenues of the authority or any part thereof.
Mont. Code Ann. § 7-4-2511 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2511
7-4-2511 Collection and disposal of fees
Status: in_force

7-4-2511 . Collection and disposal of fees. (1) Each salaried county officer shall charge and collect for the use of the county and pay into the county treasury by the 10th day in each month all fees allowed by law, paid or chargeable in all cases, except as provided in 25-10-403 . This subsection does not apply to the compensation received by the sheriff as mileage while in the performance of official duties or for the board of prisoners or other persons while in the sheriff's custody.

(2) A salaried county officer may not receive for the officer's own use any fees, penalties, or emoluments of any kind, except the salary as provided by law, for any official service rendered. Unless otherwise provided, all fees, penalties, and emoluments of every kind collected by a salaried county officer are for the sole use of the county and must be accounted for and paid to the county treasurer as provided by subsection (1) and credited to the general fund of the county.
Mont. Code Ann. § 7-32-105 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-105
7-32-105 Officers' status for purpose of enforcing and executing court orders
Status: in_force

7-32-105 . Officers' status for purpose of enforcing and executing court orders. For the purpose of serving and making return on all criminal and civil process, executing judgments, decrees, and orders of court, and making sales thereunder and returns thereof, the director shall be known and designated as "sheriff of the city and county of ...." and each police officer, patrol officer, and deputy sheriff shall be known and designated as "deputy sheriff".
Mont. Code Ann. § 7-32-2224 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2224
7-32-2224 Payment of medical costs by entities other than inmate
Status: in_force

7-32-2224 . Payment of medical costs by entities other than inmate. (1) The detention center administrator shall forward to the appropriate arresting agency all charges for medical treatment for which the agency is responsible.

(2) When the inmate is in the custody of a county detention center and the detention center administrator determines that the inmate requires medical treatment, the county or the arresting agency is responsible for medical costs associated with:

(a) conditions that are not preexisting;

(b) injuries incurred by the inmate:

(i) while in the custody of the detention center if the injuries are the result of an accident, an assault by another inmate, or negligent or intentionally torturous acts committed by the detention center administrator or the administrator's staff;

(ii) during the arrest of the inmate by the sheriff or the sheriff's staff if the injuries were not incurred while unlawfully resisting arrest; or

(iii) while on a work program or while the inmate is performing duties assigned by the detention center administrator or the administrator's staff;

(c) infections or contagious or communicable diseases that the inmate contracts while in the custody of the detention center; or

(d) medical examinations that are required by law or court order unless the order provides otherwise.

(3) In order to determine which entity is responsible for medical charges that are not the responsibility of the inmate, the following applies:

(a) If the arresting agency is a law enforcement agency whose jurisdiction is limited to the county boundaries of the county or a municipality in the county where the detention center is located, then the county is responsible.

(b) If the arresting agency is a law enforcement agency with statewide jurisdiction or whose jurisdiction is a county or municipality in a county other than the county where the detention center is located, then the arresting agency is responsible.

(c) If a municipality commits a person to the detention center of the county in which the municipality is located for a reason other than detention pending trial for or detention for service of a sentence for violating an ordinance of that municipality, then the county in which the municipality is located is responsible.

(4) For the purposes of 7-32-2245 and this section, "preexisting condition" means an illness or condition that began or injuries that were sustained before a person was in the custody of county officers.
Mont. Code Ann. § 7-7-4401 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4401
7-7-4401 Short title
Status: in_force

7-7-4401 . Short title. This part may be cited as "The Municipal Revenue Bond Act of 1939".
Mont. Code Ann. § 7-5-109 — MT Code / Title 7 / Chapter 5 / Part 1 / Section 7-5-109
7-5-109 Penalty for violation of ordinance
Status: in_force

7-5-109 . Penalty for violation of ordinance. (1) Except as provided in 7-5-4209 and subsection (2) of this section, a local government may fix penalties for the violation of an ordinance that do not exceed a fine of $500 or 6 months' imprisonment or both the fine and imprisonment.

(2) A local government may fix penalties for the violation of an ordinance relating to local or federal wastewater pretreatment standards implementing the Federal Water Pollution Control Act, 33 U.S.C. 1251 through 1387, if the penalties do not exceed $1,000 per day for each violation or 6 months' imprisonment, or both.
Mont. Code Ann. § 7-14-1136 — MT Code / Title 7 / Chapter 14 / Part 11 / Section 7-14-1136
7-14-1136 Federal and state money
Status: in_force

7-14-1136 . Federal and state money. An authority may accept, receive, receipt for, and spend federal and state money and other public or private money made available by grant or loan to accomplish any of the purposes of this part. All federal money accepted under this section must be accepted and spent by the authority upon terms and conditions prescribed by the United States and consistent with state law. All state money accepted under this section must be accepted and spent by the authority upon terms and conditions prescribed by the state.
Mont. Code Ann. § 7-7-4406 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4406
7-7-4406 Cooperation among municipalities
Status: in_force

7-7-4406 . Cooperation among municipalities. (1) Any two or more municipalities, through their respective governing bodies, are hereby authorized and empowered to enter into and perform such contracts and agreements as they may deem proper for or concerning the planning, construction, lease or other acquisition, and the finance of undertakings, in whole or in part, and the maintenance and operation thereof.

(2) Any such municipalities so contracting with each other may also provide in any contract or agreement for a board, commission, or such other body as their governing bodies may deem proper for the supervision and general management of the undertakings and for the operation thereof and may prescribe its powers and duties and fix the compensation of the members thereof.

(3) No municipality shall construct an undertaking wholly or partly within the corporate limits of another municipality except with the consent of the governing body of such other municipality.
Mont. Code Ann. § 7-14-4633 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4633
7-14-4633 Municipality authorized to collect in-lieu payments from parking commission -- limitations
Status: in_force

7-14-4633 . Municipality authorized to collect in-lieu payments from parking commission -- limitations. The legislative body may by resolution provide for a sum to be paid annually by the commission to the city. This sum shall not exceed the amount the commission would be required to pay in ad valorem taxes if it were a private entity owning the same property and shall not be paid from any funds needed for current operation, maintenance, debt service, or repairs or for compliance with any other provisions of indentures securing obligations of the commission.
Mont. Code Ann. § 7-5-2127 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2127
7-5-2127 Subpoena power of county commissioners
Status: in_force

7-5-2127 . Subpoena power of county commissioners. (1) The board may, by its presiding officer or the presiding officer of any committee, issue subpoenas to compel the attendance of any person and the production of any books or papers relating to the affairs of the county, for the purpose of examination upon any matter within its jurisdiction.

(2) When served, a witness is bound to attend and to answer all questions that the witness would be bound to answer before any court. Disobedience to the subpoena or to an order to attend or to testify may be enforced by the board, and for that purpose, the board has all the powers conferred by and the witness is subject to all the provisions of Title 26, chapter 2, parts 1 and 2; 26-2-303 ; and Rule 45(d), M.R.Civ.P.
Mont. Code Ann. § 7-13-2352 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2352
7-13-2352 Dissolution of district by election
Status: in_force

7-13-2352 . Dissolution of district by election. (1) The board of directors may, after notice is given as provided in 7-1-2121 , hold a hearing for dissolution of the district if:

(a) the district has no facilities;

(b) the district provides no services;

(c) the board is not a party to any existing contracts and is not engaged in any contract proposals for facilities or services; and

(d) the district has not had outstanding debts for at least 3 years.

(2) At the dissolution hearing, the board of directors shall hear testimony of all persons interested in whether the district should be dissolved.

(3) If the board of directors determines that the dissolution of the district is in the best interests of the public, the board may resolve to recommend that the district be dissolved. The recommendation must include a specific plan for distribution of any remaining assets after dissolution and must be provided to the board of county commissioners in each county in which the district is located.

(4) Upon receipt of a recommendation for dissolution, the board of county commissioners in each county in which the district lies shall order an election on the proposed dissolution.

(5) If the majority of votes cast at the election by qualified electors of the district are in favor of dissolving the district, each board of county commissioners shall by order declare the district dissolved.

(6) Upon dissolution of the district by each board of county commissioners, the clerk of each county in which the district was located shall immediately send written notice to the secretary of state and shall record a certificate stating that the district is dissolved.

(7) Any assets of the district after dissolution must be distributed according to the plan adopted by the board of directors under subsection (3).
Mont. Code Ann. § 7-3-159 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-159
7-3-159 Treatment of existing ordinances and resolutions
Status: repealed

7-3-159 . Treatment of existing ordinances and resolutions. (1) All ordinances and resolutions in effect at the time the new form of government becomes effective continue in effect until repealed or amended in the manner provided by law.

(2) Within 2 years after ratification of a consolidation plan, the governing body of the consolidated local government shall revise, repeal, or reaffirm all rules, ordinances, and resolutions in force within the participating county and municipalities at the time of consolidation. Each rule, ordinance, or resolution in force at the time of consolidation remains in force within the former geographic jurisdiction until superseded by action of the new governing body. Ordinances and resolutions relating to public improvements to be paid for in whole or in part by special assessments may not be repealed.
Mont. Code Ann. § 7-13-2348 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2348
7-13-2348 Exclusion of land from district -- initiated by board of directors
Status: in_force

7-13-2348 . Exclusion of land from district -- initiated by board of directors. (1) The board of directors of any district formed under the provisions of this part and part 22 may itself initiate the proceedings for the exclusion from the district of any land or lands which it may not be for the best interests of the district to be included or which may not be benefited in any manner by their continued inclusion therein.

(2) Such proceedings shall be initiated by the board by the passage of a resolution:

(a) requiring all persons interested to appear and show cause before the board, at a time and place specified, why such lands (describing them) should not be excluded from the district; and

(b) fixing a time and place for such hearing and directing the secretary of the district to give notice of the passage of such resolution and of such hearing.

(3) Upon the passage of such resolution, the secretary of the district shall give notice thereof and of the time and place of such hearing in the manner hereinbefore prescribed for notice of hearing upon petition by a landowner or landowners, and thereafter all proceedings shall be had in the manner and with the effect herein provided for proceedings upon a petition by a landowner or landowners. The time of hearing fixed by the board by its resolution hereinbefore mentioned shall be not less than 25 days or more than 50 days after the passage of such resolution, and the place of hearing so fixed shall be a convenient place within the district.

(4) The final action of the board of directors under this section shall be subject to the referendum by the electors of the district according to 7-13-2276 (2).
Mont. Code Ann. § 7-22-2130 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2130
7-22-2130 Weed district coordinator training
Status: in_force

7-22-2130 . Weed district coordinator training. Within the limitations of available funds, the board shall ensure that the weed district coordinator obtains training to properly implement the noxious weed management program described in 7-22-2121 . The department shall specify through rulemaking the level and type of training necessary to fulfill this requirement.
Mont. Code Ann. § 7-21-2112 — MT Code / Title 7 / Chapter 21 / Part 21 / Section 7-21-2112
7-21-2112 Compliance with municipal regulation also required
Status: in_force

7-21-2112 . Compliance with municipal regulation also required. No license issued under this part authorizes any person to carry on any business within the limits of any incorporated city or town having power by its charter to impose or levy city or town license taxes unless such person, in addition to the license provided by this part, also procures the license required by the ordinances or orders of such city or town.
Mont. Code Ann. § 7-21-4207 — MT Code / Title 7 / Chapter 21 / Part 42 / Section 7-21-4207
7-21-4207 Authority to require records for pawn, secondhand, and junk shops
Status: in_force

7-21-4207 . Authority to require records for pawn, secondhand, and junk shops. The city or town council has power to require the owners and keepers of pawn, secondhand, and junk shops to keep a record of all articles purchased or pawned to them. The record and the articles purchased or pawned are subject to the inspection of all police officers of the city or town.
Mont. Code Ann. § 7-4-2924 — MT Code / Title 7 / Chapter 4 / Part 29 / Section 7-4-2924
7-4-2924 Indigent funeral assistance
Status: in_force

7-4-2924 . Indigent funeral assistance. (1) (a) There is a special revenue account within the state special revenue fund established in 17-2-102 to aid counties in providing adequate burial, entombment, or cremation of an indigent person.

(b) There must be deposited in the account money received from donations to provide adequate burial, entombment, or cremation of an indigent person as defined in 53-3-116 (5).

(c) Money in the account is statutorily appropriated, as provided in 17-7-502 , to the department of administration and may only be used for those purposes provided in this section.

(2) (a) A county may request to receive funding from the special revenue account created in this section to provide assistance for the burial, entombment, or cremation of an indigent person regardless of whether the county currently provides an indigent assistance program as provided in 53-3-116 .

(b) A county may not use the funding provided in this section to cover amounts prohibited in 53-3-116 (6).

(3) The department of administration may adopt rules to implement this section.
Mont. Code Ann. § 7-7-4422 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4422
7-7-4422 Determination of cost
Status: in_force

7-7-4422 . Determination of cost. The governing body of a municipality, in determining cost for purposes of 7-7-4421 , may include:

(1) all costs and estimated costs of the issuance of revenue bonds, including a permissible underwriter's discount, if any;

(2) all engineering, inspection, fiscal, and legal expenses; and

(3) interest estimated to accrue during the construction period and for 6 months after construction on money borrowed or on money that it is estimated will be borrowed pursuant to this part.
Mont. Code Ann. § 7-4-2621 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2621
7-4-2621 Search of records
Status: in_force

7-4-2621 . Search of records. Upon the application of any person and upon the payment of the applicable fees, the county clerk may:

(1) make searches for conveyances, mortgages, and all other instruments recorded or filed in the county clerk's office; and

(2) furnish a certificate stating the names of the parties to the instruments; the dates of the instruments; the year, month, day, hour, and minute they were recorded or filed; and the book and pages where they are recorded.
Mont. Code Ann. § 7-32-2122 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2122
7-32-2122 Duties of undersheriff
Status: in_force

7-32-2122 . Duties of undersheriff. Whenever a vacancy occurs in the office of sheriff, the undersheriff must in all things execute the office of sheriff until a sheriff is elected or appointed and duly qualified.
Mont. Code Ann. § 7-11-228 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-228
7-11-228 Public hearings on proposed program -- notice
Status: in_force

7-11-228 . Public hearings on proposed program -- notice. Notice of hearings shall be published as provided in 7-1-2121 .
Mont. Code Ann. § 7-34-2108 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2108
7-34-2108 Hearing on petition
Status: in_force

7-34-2108 . Hearing on petition. At the time fixed for said hearing, the board shall hear all competent and relevant testimony offered in support of or in opposition to said petition and the creation of such district. Said hearing may be adjourned from time to time for the determination of said facts or hearing petitioners or objectors without additional published or posted notice, but no adjournment shall exceed 2 weeks in all from and after the date originally noticed and published for the hearing.
Mont. Code Ann. § 7-7-4605 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4605
7-7-4605 Authorization for refinancing and refunding revenue bonds
Status: in_force

7-7-4605 . Authorization for refinancing and refunding revenue bonds. Any municipality shall have power and is hereby authorized to refinance or to refinance and improve any enterprise and for such purpose or purposes, to borrow money and issue refunding bonds from time to time.
Mont. Code Ann. § 7-15-2104 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2104
7-15-2104 Hearing on petition
Status: in_force

7-15-2104 . Hearing on petition. Upon the date fixed for said hearing held upon notice as provided in 7-15-2102 and 7-15-2103 , an opportunity to be heard shall be granted to all residents and taxpayers of the county and to all other interested persons.
Mont. Code Ann. § 7-1-4201 — MT Code / Title 7 / Chapter 1 / Part 42 / Section 7-1-4201
7-1-4201 Short title
Status: in_force

7-1-4201 . Short title. This part may be cited as the "Political Subdivision Employer Mandate Prohibition Act".
Mont. Code Ann. § 7-31-203 — MT Code / Title 7 / Chapter 31 / Part 2 / Section 7-31-203
7-31-203 Certification of public safety communications officers -- suspension or revocation -- penalty -- notification requirements
Status: in_force

7-31-203 . Certification of public safety communications officers -- suspension or revocation -- penalty -- notification requirements. (1) A local government shall require that a person, unless exempt under subsection (3), appointed to receive requests for emergency services, as defined in 10-4-101 , and to dispatch the appropriate emergency service units be certified by the council as a public safety communications officer.

(2) (a) The council shall determine the certification standards for public safety communications officers as provided in 7-31-202 .

(b) The certification standards must contain a requirement that an applicant for certification attend and successfully complete a basic course for public safety communications officers conducted by the Montana law enforcement academy within 1 year of date of hire.

(3) (a) A person certified by the council prior to July 1, 2001, and employed as a public safety communications officer as of July 1, 2001, is not subject to the requirement of subsection (2)(b).

(b) A person under permanent appointment as a public safety communications officer as of July 1, 2001, is not subject to the requirements of subsection (2).

(4) A public safety communications officer who has successfully met the certification standards set by the council, or who is exempt from certain certification standards pursuant to subsection (3), who has met the qualification requirements in 7-31-202 , and who has completed a 6-month probationary term and 1 year of employment must, upon application to the council, be issued a basic public safety communications officer certificate.

(5) Failure by any person appointed as a public safety communications officer after July 1, 2001, unless exempt under the provisions of subsection (3), to meet the minimum requirements in 7-31-202 or to satisfy the certification requirements provided for in subsection (2) of this section is cause to terminate that person's employment as a public safety communications officer.

(6) It is unlawful for a person whose certification as a public safety communications officer has been suspended or revoked by the council to act as a public safety communications officer. A person convicted of violating this subsection is guilty of a misdemeanor, punishable by a term of imprisonment not to exceed 6 months in the county jail or by a fine in an amount not to exceed $500, or both.

(7) Within 10 days of the appointment, termination, resignation, or death of any public safety communications officer, written notice must be given to the council by the employing authority.
Mont. Code Ann. § 7-21-2116 — MT Code / Title 7 / Chapter 21 / Part 21 / Section 7-21-2116
7-21-2116 Enforcement of licensing requirements
Status: in_force

7-21-2116 . Enforcement of licensing requirements. The county shall bring suit in the name of the state of Montana as plaintiff for the recovery of the license tax or fee authorized by this part against any person required to take out a license who fails, neglects, or refuses to take out the license or who carries on or attempts to carry on business without the license. Either the county treasurer or the county attorney shall make the necessary affidavit for the writ of attachment, and the writ of attachment may be issued without any bonds being given on behalf of the plaintiff.
Mont. Code Ann. § 7-3-4227 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4227
7-3-4227 Abandonment of commission form
Status: repealed

7-3-4227 . Abandonment of commission form. (1) Any city which has operated for more than 1 year under the provisions of this part may abandon such organization and accept the provisions of the general law of the state applicable to cities of its population.

(2) Upon the petition of not less than 10% of the electors of the city registered for the preceding general election, the following proposition shall be placed upon the ballot at the next regular city election, provided the petition is filed at least 75 days prior to the date of the election:

"Shall the city of (name of city) abandon its organization under chapter 57 of the acts of the twelfth legislative assembly and become a city under the general law governing cities of like population or, if formerly organized under special charter, resume the special charter?"

(3) If the majority of the votes cast at such election is in favor of such proposition, the officers elected at the next succeeding biennial election shall be those then prescribed by the general law of the state for cities of like population, and upon the qualification of these officers, the city shall become a city under the general law of the state, but this change may not in any manner or degree affect the property, rights, or liabilities of any nature of the city but shall merely extend to each change in its form of government.

(4) Whenever the form of government of any city is determined by a vote of the people under the provision of this section, the same question may not be submitted again for a period of 2 years, and any ordinance adopted by a vote of the people shall not be repealed or the same question submitted for a period of 2 years.
Mont. Code Ann. § 7-13-3001 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3001
7-13-3001 Definitions
Status: in_force

7-13-3001 . Definitions. As used in this part, the following definitions apply:

(1) "District" means a district authorized in 7-13-3002 to provide a system.

(2) "Local government" means a consolidated form of local government provided for in Title 7, chapter 3, parts 11 through 13.

(3) "System" means a public water supply, sanitary sewer system, storm sewer system, or any combination of water supply, sanitary sewer, or storm sewer systems.
Mont. Code Ann. § 7-4-504 — MT Code / Title 7 / Chapter 4 / Part 5 / Section 7-4-504
7-4-504 Appointment and functions of advisory council -- governing body as advisory council
Status: in_force

7-4-504 . Appointment and functions of advisory council -- governing body as advisory council. (1) The governing body may appoint an incentive awards advisory council. Members of the advisory council must be selected from a diverse group to adequately represent employees.

(2) The advisory council shall meet regularly and consult with the governing body to review all proposed incentive awards and to recommend granting or rejecting proposed awards.

(3) The governing body may serve as the incentive awards advisory council in lieu of appointing a separate council.
Mont. Code Ann. § 7-11-1011 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1011
7-11-1011 Referendum -- conduct of election on creating special district
Status: in_force

7-11-1011 . Referendum -- conduct of election on creating special district. (1) The governing body may order a referendum on the creation of the proposed special district.

(2) The resolution ordering the referendum must state, consistent with the requirements of 7-11-1007 , 7-11-1009 , and 7-11-1024 :

(a) the maximum rate or amount of the initial proposed assessments or fees that would be imposed;

(b) the type of activities proposed to be financed, including a general description of the program or improvements;

(c) a description of the areas included in the proposed special district;

(d) whether the proposed special district would be administered by the governing body or an appointed or elected board;

(e) the method of financing the proposed program or improvements; and

(f) the duration of the proposed special district.

(3) The election must be conducted in accordance with Title 13, chapter 1, part 5.

(4) The proposition to be submitted to the electorate must read: "Shall the proposition to organize (name of proposed special district) be adopted?"

(5) An individual is entitled to vote on the proposition if the individual:

(a) is a registered elector of the state; and

(b) is a resident of or owner of taxable real property in the area subject to the proposed special district.

(6) If the proposition is approved, the election administrator of each county shall:

(a) immediately file with the secretary of state a certificate stating that the proposition was adopted;

(b) record the certificate in the office of the clerk and recorder of the county or counties in which the special district is situated; and

(c) notify any municipalities lying within the boundaries of the special district.
Mont. Code Ann. § 7-33-4106 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4106
7-33-4106 Appointment of firefighters
Status: in_force

7-33-4106 . Appointment of firefighters. The mayor or manager shall nominate and, with the consent of the council or commission, appoint the chief of the fire department, the assistant chief or chiefs of the fire department, and all firefighters.
Mont. Code Ann. § 7-11-1004 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1004
7-11-1004 Applicability of part -- grandfathered special districts
Status: in_force

7-11-1004 . Applicability of part -- grandfathered special districts. A special district in existence on July 1, 2009, continues in existence and remains subject to the provisions of the statutes under which it was created or established, as those statutes existed on June 30, 2009.
Mont. Code Ann. § 7-1-202 — MT Code / Title 7 / Chapter 1 / Part 2 / Section 7-1-202
7-1-202 Creation of new boards
Status: in_force

7-1-202 . Creation of new boards. Subject to 7-1-201 and 7-1-203 and in addition to the following, a county may create administrative boards, districts, and commissions that are not otherwise provided for by law:

(1) county building commission;

(2) cemetery districts;

(3) county fair commission;

(4) mosquito control board;

(5) museum board;

(6) board of park commissioners;

(7) road district;

(8) rodent control board;

(9) solid waste district;

(10) television district;

(11) weed management district.
Mont. Code Ann. § 7-3-4368 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4368
7-3-4368 Execution of conveyances of real property
Status: in_force

7-3-4368 . Execution of conveyances of real property. In all cities operating under the commission-manager form in Montana, the mayor is hereby designated as the proper officer to execute conveyances of real property; however, a majority of the commission may designate the city manager to execute a conveyance. In either case, the authority to act shall be authorized by the passage of a resolution.
Mont. Code Ann. § 7-12-2201 — MT Code / Title 7 / Chapter 12 / Part 22 / Section 7-12-2201
7-12-2201 Maintenance of lighting system
Status: in_force

7-12-2201 . Maintenance of lighting system. When there has been or shall be created a rural improvement district, according to the provisions of part 21, for the purpose of securing a lighting system for the territory embraced in such rural improvement district, the board of county commissioners of such county may enter into a contract with other persons or corporations for the purpose of furnishing light to said rural improvement district when:

(1) no expense of construction is incurred by such rural improvement district in the installation of such lighting system;

(2) it is necessary only to secure funds for the maintenance and operation of said system; and

(3) lights for said territory can best be secured by entering a contract for such lighting with some other person or corporation.
Mont. Code Ann. § 7-3-4202 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4202
7-3-4202 Authorization for commission form of municipal government
Status: in_force

7-3-4202 . Authorization for commission form of municipal government. Any city may abandon its organization and reorganize under the provisions of this part by proceeding as hereinafter provided.
Mont. Code Ann. § 7-3-1343 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1343
7-3-1343 Police department
Status: in_force

7-3-1343 . Police department. (1) The police department is in the charge of a director, who shall be chief of the police force of the municipality. The director shall have the powers and perform the duties conferred on and required of sheriffs.

(2) Officers and patrol officers of the police department, subordinate to the director, have the powers and duties conferred on and required of police officers and patrol officers in cities and towns by the laws of this state and such powers and duties as may be conferred and required by the ordinances of the municipality. Police officers and patrol officers have the powers and duties conferred on and required of deputy sheriffs by the general laws of the state.

(3) For the purpose of serving and making return on all criminal and civil process, executing judgments, decrees, and orders of court, and making sales thereunder and returns thereof, the director shall be known and designated as Sheriff of the city and county of ...., and each police officer and patrol officer shall be known and designated as deputy sheriff.
Mont. Code Ann. § 7-3-213 — MT Code / Title 7 / Chapter 3 / Part 2 / Section 7-3-213
7-3-213 Supervision of personnel
Status: in_force

7-3-213 . Supervision of personnel. The executive may:

(1) appoint and remove all employees of the local government;

(2) appoint and remove, with the consent of a majority of the commission, all employees of the local government;

(3) appoint, with the consent of a majority of the commission, all department heads and remove department heads and may appoint and remove all other department employees; or

(4) appoint and remove, with the consent of a majority of the commission, all department heads and appoint and remove all other employees of the local government.
Mont. Code Ann. § 7-32-4153 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4153
7-32-4153 Meaning of word mayor
Status: in_force

7-32-4153 . Meaning of word mayor. Wherever the word "mayor" is used in 7-32-4109 , 7-32-4160 , and 7-32-4161 , it is intended to include "city manager", "city commissioner", or any other name or designation used to identify or designate the chief executive of any city or municipality.
Mont. Code Ann. § 7-8-2611 — MT Code / Title 7 / Chapter 8 / Part 26 / Section 7-8-2611
7-8-2611 Construction of part
Status: in_force

7-8-2611 . Construction of part. Nothing in this part shall be construed as repealing part 23 of chapter 8 or Title 76, chapter 13, parts 1 and 2.
Mont. Code Ann. § 7-2-2747 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2747
7-2-2747 Details relating to special funding bond district
Status: in_force

7-2-2747 . Details relating to special funding bond district. (1) The board of county commissioners and the county clerk of the county to which the territory of such abandoned and abolished county has been attached and made a part shall be, respectively, the board of trustees and the clerk of a special funding bond district created pursuant to 7-2-2745 (2), and the county treasurer shall act as the treasurer thereof. The board of trustees shall adopt an appropriate seal for such district.

(2) (a) After such district has been created and established, the board of trustees shall direct the county treasurer to use and apply all money in the several funds of the abandoned and abolished county, except money in any bond sinking and interest funds, to the payment of warrants issued and outstanding against such funds, with the interest thereon. Said board of trustees shall thereupon issue and sell bonds of such special funding bond district in an amount sufficient to pay all warrants against such funds remaining outstanding and unpaid, with the interest thereon. The proceeds derived from the sale of such bonds shall be used for such purpose and no other.

(b) All taxes levied for the payment of the principal and interest of such bonds, all taxes levied by the abandoned and abolished county for all of its funds (except bond sinking and interest funds) delinquent at the time such county ceased to exist, and all money owing to such abandoned and abolished county from all other sources shall be, when collected, paid into a special sinking and interest fund and used for the purpose of paying the principal and interest of such bonds and for no other purpose.
Mont. Code Ann. § 7-7-2258 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2258
7-7-2258 Copy of bond to be kept by county treasurer
Status: in_force

7-7-2258 . Copy of bond to be kept by county treasurer. The county clerk shall deliver to the county treasurer an unsigned and canceled printed copy of a bond of each issue, as issued and registered, to be preserved in the treasurer's office.
Mont. Code Ann. § 7-14-4650 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4650
7-14-4650 Signatures on bonds
Status: in_force

7-14-4650 . Signatures on bonds. All of the signatures on said bonds and on the interest coupons thereof may be printed, lithographed, or engraved facsimiles except one signature of an officer of the city or commission or a representative of the trustee, which shall be manually affixed. If any of the officers whose signatures appear upon the bonds or coupons cease to be officers before delivery of the bonds or coupons, their signatures are nevertheless valid and of the same force and effect as if the officers had remained in office until the delivery of the bonds and coupons.
Mont. Code Ann. § 7-1-206 — MT Code / Title 7 / Chapter 1 / Part 2 / Section 7-1-206
7-1-206 Local district board oversight -- methods for redress
Status: in_force

7-1-206 . Local district board oversight -- methods for redress. (1) (a) If at least 5% of the qualified electors that are served by a local government entity file a petition against the board of the local government entity for allegations that the board has not complied with statutes applicable to the governance, operation, and function of the board, including but not limited to a violation of public meeting law, the board member appointment or election process, or the actions and duties required of a board member, the petition must be filed with the governing body under whose authority the local government entity was created.

(b) The governing body under whose authority the local government entity was created shall remit petitions received under subsection (1)(a) to the county attorney. The county attorney shall evaluate the petition and shall provide a written notice of determination to the governing body, the board of the local government entity that is subject to the petition, and any petitioner who requests a copy. If the county attorney has a conflict of interest, the county attorney shall seek review by a prosecutor in another jurisdiction. If the county attorney or prosecutor who conducts a review as required in this subsection (1) determines the petition has merit, the local government entity shall participate in training provided by the local government center as provided in subsection (2).

(2) (a) The local government center shall develop a training curriculum appropriate to address the issues detailed in a petition referred by the county attorney to the local government center as provided in subsection (1)(b).

(b) The board of the local government entity shall participate in all relevant training provided by the local government center.

(3) The board of the local government entity shall remit all fees necessary for the training required in subsection (2) to the local government center.

(4) The local government center shall report to the local government interim committee, in accordance with 5-11-210 , all petitions received that resulted in the development and delivery of training required under subsection (2).

(5) As used in this section, the following definitions apply:

(a) "Local government center" means the local government center provided for in 20-25-237 .

(b) (i) "Local government entity" has the meaning provided in 2-7-501 , except as provided in subsection (5)(b)(ii) of this section.

(ii) Local government entity does not include a county, consolidated city-county, incorporated city or town, or school district.
Mont. Code Ann. § 7-4-2108 — MT Code / Title 7 / Chapter 4 / Part 21 / Section 7-4-2108
7-4-2108 Mileage allowance for county commissioners -- expenses
Status: in_force

7-4-2108 . Mileage allowance for county commissioners -- expenses. (1) In addition to the salary provided by 7-4-2107 (1), each member of the board of county commissioners must receive a mileage allowance as provided in 2-18-503 for the distance necessarily traveled in going to and returning from the county seat and the commissioner's place of residence each day that the trip is actually made and while engaged in the performance of official duties.

(2) A county commissioner whose place of residence is 50 miles or more from the county seat, as measured by the usual route of travel, and who elects to remain more than one day in the county seat to attend sessions of the board or perform official duties is entitled to receive, in addition to mileage for one round trip between the commissioner's place of residence and the county seat, the rate for lodging established in Title 2, chapter 18, part 5, or the amount calculated in this section for mileage, whichever is less, as expenses for each day's attendance on sessions of the board while engaged in the performance of official duties.

(3) All claims for lodging expense reimbursement allowed under this section must be documented by an appropriate receipt.

(4) When other than commercial, nonreceiptable lodging facilities are utilized by a county commissioner, the rate for noncommercial, nonreceiptable lodging established in Title 2, chapter 18, part 5, is authorized for lodging expenses for each day in which travel involves an overnight stay in lieu of the amount authorized in this section. However, when overnight accommodations are provided at the expense of any government entity, reimbursement may not be claimed for lodging.

(5) This section does not apply to counties that have adopted a charter form of government.
Mont. Code Ann. § 7-13-4525 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4525
7-13-4525 Disposition and administration of proceeds
Status: in_force

7-13-4525 . Disposition and administration of proceeds. (1) All fees and other money received by a local water quality district must be placed in a separate fund maintained by the county treasurer and must be used solely for the purpose for which the local water quality district was created.

(2) The commissioners shall draw warrants upon the fund on claims approved by the board of directors.
Mont. Code Ann. § 7-34-2502 — MT Code / Title 7 / Chapter 34 / Part 25 / Section 7-34-2502
7-34-2502 Joint institutions authorized
Status: in_force

7-34-2502 . Joint institutions authorized. Two or more counties may by contract create a joint institution which will be operated and financed by the contracting counties.
Mont. Code Ann. § 7-13-2341 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2341
7-13-2341 Addition of land to district -- election required -- effect on land and district
Status: in_force

7-13-2341 . Addition of land to district -- election required -- effect on land and district. (1) Except as provided in subsection (5), any portion of any county or any municipality, or both, may be added to any district organized under the provisions of part 22 and this part at any time upon petition presented in the manner provided in part 22 and this part for the organization of the district.

(2) The petition may be granted by ordinance of the board of directors of the district. The ordinance must be submitted for adoption or rejection by the qualified electors.

(3) If the ordinance is approved, the president and secretary of the board of directors shall certify that fact to the secretary of state and to the county clerk and recorder of the county in which the district is located. On receipt of the certification, the secretary of state shall within 10 days issue a certificate that states the passage of the ordinance and the addition of the territory to the district. A copy of the certificate must be transmitted to and filed with the county clerk and recorder of the county in which the district is situated.

(4) After the filing of the certificate, the territory is added to and is a part of the district with all the rights, privileges, and powers set forth in this part and necessarily incident to this part.

(5) If the board of directors determines that a district has a water facility or a sewer facility with a capacity greater than required to meet the needs of the current district, it may by ordinance, on petition of contiguous property owners and with the written consent of all property owners to whom the service is to be extended, expand the district to include land, to the extent of excess capacity, without complying with subsections (1) and (2). However, if the board determines that an election should be held or if 40% or more of the qualified electors petition for an election, compliance with subsections (1) and (2) is required.

(6) (a) Any property outside of the limits of a district that is benefited by a previously contracted improvement and is subsequently annexed to the district may be assessed for any improvements previously contracted for using the method provided in 7-12-2151 (1)(d).

(b) The benefited property may also be assessed for any improvement, within or outside the district limits, that is determined by the board to benefit property that was outside the district limits at the time of contracting for the improvement, whether or not an improvement district was previously created for the improvement.

(c) After any new property is annexed to the district, the total number of lots, tracts, or parcels in the district must be recalculated pursuant to 7-12-2151 (4).

(d) Assessment proceedings under this section are valid notwithstanding any failure of previous proceedings to comply with the provisions of law regarding improvements to be financed by special assessments.
Mont. Code Ann. § 7-32-4122 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4122
7-32-4122 Contributions for group life insurance and representation
Status: in_force

7-32-4122 . Contributions for group life insurance and representation. (1) Unless the police protective association of the city or town chooses not to participate, as provided in 7-32-4123 , an employer shall deduct from each police officer's monthly compensation, except that of a police chief, assistant chief, or captain, an amount equal to 1% of the base salary paid to newly confirmed police officers in the city or town. The employer shall pay this amount on a monthly basis to the treasurer of the Montana police protective association to be used to pay premiums on a group life insurance policy for contributing police officers of participating city and town associations and to defray expenses incurred by the association when representing members of the plan.

(2) An employer may not deduct the amount provided for in subsection (1) from the monthly compensation of a police chief, assistant chief, or captain unless that person notifies the person's employer in writing to make the deduction.

(3) A person who contributes under this section is a full member of the Montana police protective association and is entitled to all membership rights and benefits, including those benefits provided in subsection (1).

(4) For the purposes of this section, "police officer" means an officer who participates in the police officers' retirement system under Title 19, chapter 9.
Mont. Code Ann. § 7-12-4422 — MT Code / Title 7 / Chapter 12 / Part 44 / Section 7-12-4422
7-12-4422 Assessment of costs
Status: in_force

7-12-4422 . Assessment of costs. (1) For the purposes of this section, "assessable area" means the portion of a lot or parcel of land that is benefited by the maintenance district. The assessable area may be less than but may not exceed the actual area of the lot or parcel.

(2) The city council shall assess the percentage of the cost of maintenance established in 7-12-4425 against the entire district as follows:

(a) each lot or parcel of land within the district may be assessed for that part of the cost that its assessable area bears to the assessable area of the entire district, exclusive of streets, avenues, alleys, and public places;

(b) each lot or parcel of land within the district abutting upon a street upon which maintenance is done may be assessed for that part of the cost that its street frontage bears to the street frontage of the entire district;

(c) if the city council determines that the benefits derived from the maintenance by each lot or parcel are substantially equivalent, the cost may be assessed equally to each lot or parcel located within the district without regard to the assessable area of the lot or parcel;

(d) each lot or parcel of land, including the improvements on the lot or parcel, may be assessed for that part of the cost of the district that its taxable valuation bears to the total taxable valuation of the property of the district;

(e) each lot or parcel of land within the district may be assessed for that part of the cost that the reasonably estimated vehicle trips generated for a lot or parcel of its size in its zoning classification bear to the reasonably estimated vehicle trips generated for all lots in the district based on their size and zoning classification;

(f) any other assessment method provided in 7-11-1024 may be used; or

(g) any combination of the assessment options provided in subsections (2)(a) through (2)(f) may be used for the district as a whole or for any lot or parcel within the district.
Mont. Code Ann. § 7-32-231 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-231
7-32-231 Auxiliary officers authorized
Status: in_force

7-32-231 . Auxiliary officers authorized. A local government may authorize auxiliary officers only on the orders and at the direction of the chief law enforcement administrator of the local government.
Mont. Code Ann. § 7-8-2231 — MT Code / Title 7 / Chapter 8 / Part 22 / Section 7-8-2231
7-8-2231 Authorization to lease county property
Status: in_force

7-8-2231 . Authorization to lease county property. (1) The board of county commissioners has jurisdiction and power, under limitations and restrictions that are prescribed by law, to lease and transfer county property, however acquired, that is not necessary to the conduct of the county's business or the preservation of county property and for which immediate sale cannot be had. The leases must be made in a manner and for purposes that, in the judgment of the board, are best suited to advance the public benefit and welfare.

(2) All property must be leased subject to sale by the board, and a lease may not be for a period to exceed 40 years.
Mont. Code Ann. § 7-5-4103 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4103
7-5-4103 Council rules and discipline
Status: in_force

7-5-4103 . Council rules and discipline. The council may determine the rules of its proceedings, punish its members for improper conduct, and expel any member for the same by a two-thirds vote of the members elected.
Mont. Code Ann. § 7-2-2228 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2228
7-2-2228 Judicial district for new county
Status: in_force

7-2-2228 . Judicial district for new county. A new county, when created and organized pursuant to this part, must be attached to the judicial district designated by the governor in a proclamation designating the new county as attached to the particular judicial district for judicial purposes.
Mont. Code Ann. § 7-15-4125 — MT Code / Title 7 / Chapter 15 / Part 41 / Section 7-15-4125
7-15-4125 Repair of damaged structures
Status: in_force

7-15-4125 . Repair of damaged structures. The city or town council has power to require the owner of a sidewalk, house, or other structure which is dangerous to passers-by to repair or remove the same after notice.
Mont. Code Ann. § 7-1-4122 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4122
7-1-4122 Distribution of powers
Status: in_force

7-1-4122 . Distribution of powers. (1) A municipality has legislative, executive, and judicial powers.

(2) All legislative powers are vested in the governing body of the municipality.

(3) Executive powers are vested as provided in the form of government adopted by the municipality.

(4) The judicial powers of a municipality are vested in the municipal court.
Mont. Code Ann. § 7-12-1102 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1102
7-12-1102 Purpose
Status: in_force

7-12-1102 . Purpose. The purpose of this part is to provide for the creation of business improvement districts having one or more of the purposes and powers provided in this part that will:

(1) serve a public use;

(2) promote the health, safety, prosperity, security, and general welfare of the inhabitants of the district and of the people of this state;

(3) be of special benefit to the property within the boundaries of any district created pursuant to the provisions of this part; or

(4) aid in tourism, promotion, and marketing within the district.
Mont. Code Ann. § 7-11-308 — MT Code / Title 7 / Chapter 11 / Part 3 / Section 7-11-308
7-11-308 General ballot requirements
Status: in_force

7-11-308 . General ballot requirements. (1) The question of adopting a service consolidation or transfer shall be submitted to the electors of the local governments affected by the proposal in substantially the following form:

Shall the plan for (consolidation or transfer) of (insert name of service or function) services proposed in the (petition or recommendation of the interlocal cooperation commission) and service plan to the (insert the names of local government units) be adopted?

☐ YES.

☐ NO.

(2) If the question of adopting a service consolidation or transfer alters the elective status of any elected county official, it shall be submitted to the electors of the local governments affected by the proposal in substantially the following form:

☐ For adoption of (consolidation or transfer) of (insert name of service or function) proposed in the (petition or recommendation of the interlocal cooperation commission) and service plan to the (insert names of local government units) in which the office of (insert name of county office) is (insert description of changes in elective status).

☐ For existing service delivery arrangements.

(3) In any election involving the question of service consolidation or transfer, an affirmative vote of a simple majority of those voting on the question is required for adoption.

(4) If the electors disapprove the proposed service consolidation or transfer, each local government retains its existing service delivery method until changed or modified as provided by law.

(5) Except for nonsubstantive adjustments required to insure efficient and effective operations, a service consolidation or transfer effected by the procedures contained in this part may be amended or otherwise changed only in the same manner as required for its adoption.
Mont. Code Ann. § 7-6-2429 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2429
7-6-2429 Examination and allowance of officers' accounts
Status: in_force

7-6-2429 . Examination and allowance of officers' accounts. The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, at the regular monthly meeting of the board, to examine and allow the accounts of all officers having the care, management, collection, or disbursement of money belonging to the county or appropriated by law or otherwise for its use and benefit.
Mont. Code Ann. § 7-3-4321 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4321
7-3-4321 Salary of commissioners and mayor
Status: in_force

7-3-4321 . Salary of commissioners and mayor. The salary of each commissioner may be as follows: the salary of each commissioner shall be as established by ordinance in all classes of cities, and the salary of the commissioner acting as mayor may be 1 1/2 times that of the other commissioners.
Mont. Code Ann. § 7-7-4251 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4251
7-7-4251 Form of notice of sale of bonds
Status: in_force

7-7-4251 . Form of notice of sale of bonds. (1) If a city or town conducts a public sale, the notice of sale must state the purpose or purposes for which the bonds are to be issued and the amount proposed to be issued for each purpose and must be substantially in the following form:

NOTICE OF SALE OF (CITY OR TOWN) BONDS

Notice is hereby given by the council of the (city or town) of...., Montana, that the council will, on the.... day of...., ...., at the hour of......m., at its council chamber in the (city or town) of...., Montana, sell to the highest and best bidder for cash general obligation bonds of the (city or town) in the total amount of.... dollars, ($....) for the purpose of.....

The bonds will be issued and sold in the aggregate principal amount of.... dollars ($....) each and will become due and payable according to the maturity schedule set forth below (set forth maturity schedule adopted by the city or town council).

The bonds must bear an original issue date of...., ...., must pay interest commencing on the.... day of.... (month), .., and are payable semiannually on the.... day of.... and on the.... day of.... in each year thereafter and will be redeemable (here insert the optional provisions, if any, recited in the bonds).

The bonds will be sold for not less than $...., with accrued interest on the principal amount of the bonds to date of delivery, and all bidders shall state the lowest rate or rates of interest at which they will purchase the bonds at the purchase price specified for the bonds. (An interest rate may not exceed....% a year.) The council reserves the right to reject any bids and to sell the bonds at private sale.

All bids must be accompanied by (insert appropriate bid security as permitted by 18-1-203 ) in the sum of.... dollars ($....), payable to the order of the (city or town) clerk, which will be forfeited by the successful bidder in the event that the bidder fails or refuses to complete the purchase of the bonds in accordance with the terms of the bid.

All bids must be addressed to the council of the (city or town) of.... and delivered to the clerk of the (city or town).

..............................

Mayor of the (city or town) of

......................., Montana

ATTEST: .................... (City or Town) Clerk

(2) The form of notice required under this section may be modified to accommodate changes necessary to issue citizen bonds pursuant to 7-7-4211 through 7-7-4213 .
Mont. Code Ann. § 7-2-2712 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2712
7-2-2712 Canvass of returns -- proclamation of results
Status: in_force

7-2-2712 . Canvass of returns -- proclamation of results. (1) The board of county commissioners of each county, acting as a canvassing board, shall, within 10 days after the election, canvass the returns of the election. Within 5 days after the canvass, the election administrator of each county shall make and enter in the records of the board a statement of the vote in the county and transmit to the secretary of state, by certified mail, an abstract of the vote, which must be marked "election returns".

(2) Within 10 days after receiving the abstracts from all counties in which the election was held and on notice from the secretary of state, the board of state canvassers shall meet and canvass, compute, and determine the vote. The secretary of state, as secretary of the board, shall make and file in the secretary of state's office a statement of the canvass and transmit a copy of the canvass to the governor.

(3) Upon receipt of the copy, the governor shall issue a proclamation declaring the result of the election and shall file a copy of the proclamation in the office of the secretary of state and transmit a copy of the proclamation to the county clerk of each of the counties in which the election was held. Each county clerk shall file the proclamation in the clerk's office and present the proclamation to the board of county commissioners of that county at the first meeting of the board after the copy has been received by the clerk.
Mont. Code Ann. § 7-34-2303 — MT Code / Title 7 / Chapter 34 / Part 23 / Section 7-34-2303
7-34-2303 Lease of county property for boarding home
Status: in_force

7-34-2303 . Lease of county property for boarding home. (1) The board of county commissioners may lease county buildings, equipment, furniture, and fixtures for the purpose of operation of a boarding home for aged persons, with the full power of a lessor except as limited in this part, upon terms and conditions that the board may decide upon.

(2) The rentals received under the lease or leases must be paid into the general fund of the county, or if bonds have been issued under 7-34-2411 to finance or refinance the costs of a boarding home, the rentals must be applied, as necessary, to the payment of the principal of or interest on the bonds.

(3) (a) Except as provided in subsection (3)(b), the lease may not be made for a period longer than 5 years.

(b) A lease may be made for a period longer than 5 years when bonds are issued under 7-34-2411 , in which case the lease may extend until the maturity date of the bonds.

(4) The board may not enter into a lease unless it has advertised in a newspaper published in the county at least once a week for 5 weeks that specified buildings and equipment are for lease for the purpose of a boarding home for aged persons.
Mont. Code Ann. § 7-32-4114 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4114
7-32-4114 Restrictions on activities of police officers
Status: in_force

7-32-4114 . Restrictions on activities of police officers. (1) Except as provided in subsection (2), a member of the police force may not hold any other office or be employed in any other department of the city or town government. A member of the police force may not strike, as provided in 39-31-501 .

(2) A member of the police force of a third-class city or of a town may be employed in another department of the city or town government. However, the member may not hold political office in the city or town government.

(3) The fact that a person is an officer or member of the police department does not deprive the person's spouse or any member of the person's family of the right to participate in political activity or to hold public or political office.

(4) An officer or member of the police department may participate in political activity if the officer does not do so while on duty or in uniform or if the activity does not otherwise interfere with the performance of duties.
Mont. Code Ann. § 7-33-4110 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4110
7-33-4110 Volunteer companies not affected
Status: in_force

7-33-4110 . Volunteer companies not affected. Nothing contained in 7-33-4101 through 7-33-4104 , 7-33-4106 through 7-33-4108 , 7-33-4112 , 7-33-4113 , 7-33-4122 through 7-33-4125 , and 7-33-4127 shall be held or construed to affect any fire organization known as a volunteer fire company.
Mont. Code Ann. § 7-6-4414 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4414
7-6-4414 Sales for delinquent taxes when county collects municipal tax
Status: in_force

7-6-4414 . Sales for delinquent taxes when county collects municipal tax. (1) All publications of sales for delinquent taxes shall include city or town taxes. There is only one sale for each piece of property. The sale shall cover the aggregate of city or town, county, and state taxes, with the penalties, interest, and cost of advertising provided by law.

(2) All money received from sales, after a deed is given by the county treasurer as provided by law, shall be credited to the state, county, and city or town pro rata in the same proportions as provided in 15-17-322 .
Mont. Code Ann. § 7-32-2207 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2207
7-32-2207 Confinement of persons on civil process
Status: in_force

7-32-2207 . Confinement of persons on civil process. (1) Whenever a person is committed upon process in a civil action or proceeding, except when the state is a party to the action, the detention center administrator is not bound to receive the person unless security is given on the part of the party at whose instance the process is issued. The security must be a deposit of money, to meet the expenses for the person's necessary food, clothing, and bedding. The detention center administrator is not required to detain the person any longer than the period for which these expenses are provided.

(2) This section does not apply to cases in which a party is committed as a punishment for disobedience to the mandates, process, writs, or orders of court.
Mont. Code Ann. § 7-3-1331 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1331
7-3-1331 Department of public works
Status: in_force

7-3-1331 . Department of public works. (1) The department of public works is in the charge of a director who:

(a) shall manage and must have charge of the construction, repair, improvement, and maintenance of all:

(i) public buildings;

(ii) roads, streets, alleys, sidewalks, bridges, viaducts, and other public ways;

(iii) sewers, drains, ditches, culverts, streams, and watercourses; and

(iv) boulevards, parks, playgrounds, cemeteries, and other public places and grounds dedicated to public use;

(b) shall manage and control all:

(i) public cemeteries, crematories, market places or houses, garbage and sewage disposal plants, and farms; and

(ii) all public utilities belonging to the municipality or any subdivision of the municipality;

(c) must have charge of:

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

(ii) the cleaning, sprinkling, and lighting of the streets and the collection and disposal of garbage and waste; and

(d) must be responsible for the making and preservation of all surveys, maps, plans, drawings, and estimates for each public work and for the preservation of contracts, papers, plans, tools, and appliances belonging to the municipality and pertaining to the functions of the department.

(2) The director of public works must have the qualifications prescribed by law for county surveyors. In addition to the duties required by part 12 or this part and required by the ordinances of the municipality, the director, either in person or through a deputy having the qualifications prescribed by law for county surveyors, shall perform the duties required of county surveyors by the laws of the state.
Mont. Code Ann. § 7-3-104 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-104
7-3-104 Limitation on change in alternative form
Status: in_force

7-3-104 . Limitation on change in alternative form. The electors of any unit of local government which has adopted a new alternative form of local government may not vote on the question of changing the form of local government until 3 years after the new alternative form of local government becomes effective, but the voters may vote on amendments to the alternative form or service or functional transfers.
Mont. Code Ann. § 7-2-2709 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2709
7-2-2709 Election on question of abandonment and consolidation
Status: in_force

7-2-2709 . Election on question of abandonment and consolidation. (1) (a) Within 14 days after transmittal of the resolution provided for in 7-2-2707 , the boards of county commissioners of the county in which the petition referred to in the resolution was filed and of each county designated in the resolution as a county to which any of the territory of the county, if abandoned and abolished, would be attached and made a part shall, in a joint meeting and by joint resolution of the boards, call an election in all affected counties. The election must be conducted in accordance with Title 13, chapter 1, part 4.

(b) The joint resolution must be filed in the office of the secretary of state, and copies of the resolution must be transmitted to the election administrator of each of the counties in which the election is to be held.

(2) At the election there must be submitted:

(a) to the registered electors of the county in which the petition was filed, the question of whether or not the county is to be abandoned and abolished and its territory attached to and made a part of the county designated and named for the purpose in the petition; and

(b) to the registered electors of each county named and designated in the resolution as a county to which a part of the territory of the county proposed to be abandoned and abolished is to be attached and made a part if the county is abandoned and abolished, the question of whether or not the part of the territory of the county, if abandoned and abolished, described in the resolution must be attached to and become a part of the county.
Mont. Code Ann. § 7-6-402 — MT Code / Title 7 / Chapter 6 / Part 4 / Section 7-6-402
7-6-402 Interest assessed on amounts due
Status: in_force

7-6-402 . Interest assessed on amounts due. (1) Except as provided in 7-6-403 , a county or municipality shall pay simple interest at the rate of 0.05% each day on amounts due for supplies and services received if the county or municipality fails to make timely payment.

(2) For purposes of this section, payment is timely if a warrant is mailed or is otherwise made available to the payee when due and for the amount specified in the applicable contract or agreement. If no date is specified in the applicable contract or agreement, payment is timely if paid within 35 days after receipt of a properly completed invoice, addressed to the payer county or municipality, or receipt of the supplies or services by the county or municipality, whichever is later.
Mont. Code Ann. § 7-15-4252 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4252
7-15-4252 Prevention and elimination of urban blight
Status: in_force

7-15-4252 . Prevention and elimination of urban blight. The municipality is authorized to develop, test, and report methods and techniques and carry out demonstrations and other activities for the prevention and the elimination of urban blight and to apply for, accept, and utilize grants of funds from the federal government for such purposes.
Mont. Code Ann. § 7-7-2252 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2252
7-7-2252 Publication of notice of sale of bonds
Status: in_force

7-7-2252 . Publication of notice of sale of bonds. If a county conducts a public sale, the board of county commissioners shall publish notice of the bond sale in the official newspaper of the county as provided in 17-5-106 . The board may in its discretion publish the notice or a summary of the notice in any financial newspapers published in the city of New York or Chicago.
Mont. Code Ann. § 7-3-503 — MT Code / Title 7 / Chapter 3 / Part 5 / Section 7-3-503
7-3-503 Role and duties of presiding officer
Status: in_force

7-3-503 . Role and duties of presiding officer. The commission presiding officer:

(1) must be recognized as the head of the local government unit, must have the power to vote as other members of the commission, and must be the chief executive officer of the local government;

(2) shall enforce laws, ordinances, and resolutions;

(3) shall perform duties required by law, ordinance, or resolution;

(4) shall administer the affairs of the local government;

(5) shall direct, supervise, and administer all departments, agencies, and offices of the local government except as otherwise provided by law or ordinance;

(6) shall carry out policies established by the commission;

(7) shall prepare and publish the commission agenda pursuant to 2-3-103 ;

(8) shall recommend measures to the commission;

(9) shall report to the commission on the affairs and financial condition of the local government;

(10) shall execute bonds, notes, contracts, and written obligations of the commission, subject to the approval of the commission;

(11) shall report to the commission as the commission may require;

(12) shall attend commission meetings and may take part in discussions;

(13) shall execute the budget adopted by the commission;

(14) shall appoint, with the consent of the commission, all members of boards and committees. However, the presiding officer may appoint without the consent of the commission temporary advisory committees.

(15) shall appoint, with the consent of a majority of the commission, all department heads, and the presiding officer may remove department heads and may appoint and remove all other employees;

(16) shall prepare the budget and present it to the commission for adoption; and

(17) shall exercise control and supervision over the administration of departments and boards.
Mont. Code Ann. § 7-15-4508 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4508
7-15-4508 Purchase of bonds by housing authority
Status: in_force

7-15-4508 . Purchase of bonds by housing authority. (1) The authority shall have power out of any funds available therefor to purchase any bonds issued by it at a price not more than the principal amount thereof and the accrued interest; provided, however, that bonds payable exclusively from the revenues of a designated project or projects shall be purchased out of any such revenues available therefor. All bonds so purchased shall be canceled.

(2) This section shall not apply to the redemption of bonds.
Mont. Code Ann. § 7-6-2230 — MT Code / Title 7 / Chapter 6 / Part 22 / Section 7-6-2230
7-6-2230 County land information account -- creation -- purposes -- uses
Status: in_force

7-6-2230 . County land information account -- creation -- purposes -- uses. (1) The governing board of each county shall establish a county land information account.

(2) The governing body of each county is responsible for deposits to and expenditures from the account.

(3) Subject to the provisions of subsection (4), a county may use the funds in the county land information account:

(a) for local geographic information system projects to meet the local operations needs of the county or a municipality within the county;

(b) for local land information data collection, maintenance, and dissemination projects;

(c) for intergovernmental or interagency geographic information system and land information data collection, maintenance, or dissemination projects with any other county, city, state, federal, or Indian tribal agency; or

(d) as matching funds for other state, federal, private, or other fund sources to accomplish the purposes of this section.

(4) (a) Except as provided in subsection (4)(b), use of funds in the county land information accounts must comply with applicable, existing state standards for the geographic information system and land information.

(b) A county may, upon approval of the county governing board, use funds in the county land information account for projects that collect, maintain, disseminate, or otherwise use the geographic information system or land information for which state standards do not exist.

(5) Funds deposited to and expended from the county land information account are subject to audit pursuant to Title 2, chapter 7, part 5.
Mont. Code Ann. § 7-21-3304 — MT Code / Title 7 / Chapter 21 / Part 33 / Section 7-21-3304
7-21-3304 Days of operation of market
Status: in_force

7-21-3304 . Days of operation of market. All county markets established under the provisions of this part shall be open to the public not less than 2 days in each week.
Mont. Code Ann. § 7-13-4403 — MT Code / Title 7 / Chapter 13 / Part 44 / Section 7-13-4403
7-13-4403 Acquisition of private water supply system
Status: in_force

7-13-4403 . Acquisition of private water supply system. (1) It is provided that whenever a franchise has been granted to or a contract made with any person or persons, corporation, or corporations and such person or persons, corporation, or corporations, in pursuance thereof or otherwise, have established or maintained a system of water supply or have valuable water rights or a supply of water desired by the city or town for supplying the city or town with water, the city or town granting such franchise or entering in such contract or desiring such water supply shall, by the passage of an ordinance, give notice to such person or persons, corporation, or corporations that it desires to purchase the plant and franchise and water supply of such person or persons, corporation, or corporations.

(2) The city or town shall have the right to so purchase the plant or water supply upon such terms as the parties agree.
Mont. Code Ann. § 7-2-2745 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2745
7-2-2745 Procedure if insufficient funds -- special warrant district or special funding bond district
Status: in_force

7-2-2745 . Procedure if insufficient funds -- special warrant district or special funding bond district. (1) After all warrants have been drawn and issued against the funds of an abandoned and abolished county under the provisions of 7-2-2724 and 7-2-2741 , if it shall appear to the satisfaction of the board of county commissioners 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 and made a part that the money in the several funds of such abandoned and abolished county, together with all money which may be received for such funds from the payment and collection of delinquent taxes, unpaid licenses, and other sources owing to such abandoned and abolished county, will be insufficient to pay all outstanding and unpaid warrants issued and drawn against such funds, then the board of such county shall make an order creating a special warrant district and shall include within such district all of the territory embraced within the boundaries of the abandoned and abolished county at the time it ceased to exist.

(2) If it shall appear to the satisfaction of the board that a tax levy sufficient to pay such warrants and interest, when spread over a term of 3 years, will be too great a hardship on and too burdensome to the taxpayers owning property within the boundaries of such abandoned and abolished county, said board, instead of creating such special warrant district, shall create and establish a special funding bond district and shall include within the boundaries thereof all of the territory embraced within the boundaries of such abandoned and abolished district at the time it ceased to exist.
Mont. Code Ann. § 7-1-4117 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4117
7-1-4117 Status of legislative actions taken prior to reclassification
Status: repealed

7-1-4117 . Status of legislative actions taken prior to reclassification. All ordinances, bylaws, and resolutions adopted by the old municipal corporation, as far as consistent with the provisions of this code relative to cities and towns, remain in force until repealed by the council of the new municipal corporation.
Mont. Code Ann. § 7-13-4513 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4513
7-13-4513 Insufficient protest to bar proceedings -- resolution creating district -- power to implement local water quality program
Status: in_force

7-13-4513 . Insufficient protest to bar proceedings -- resolution creating district -- power to implement local water quality program. (1) The commissioners may create a local water quality district, establish fees, and appoint a board of directors if the commissioners find that insufficient protests have been made in accordance with 7-13-4511 or if the registered voters who reside in the proposed district have approved a referendum as provided in 7-13-4512 .

(2) To create a local water quality district, the commissioners shall pass a resolution in accordance with the resolution of intention introduced and passed by the commissioners or in accordance with the terms of the referendum.

(3) The commissioners and board of directors may implement a local water quality program after the program is approved by the department pursuant to 75-5-311 .
Mont. Code Ann. § 7-6-4031 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4031
7-6-4031 Budget amendment procedures
Status: in_force

7-6-4031 . Budget amendment procedures. (1) The final budget resolution may authorize the governing body or a designated official to transfer appropriations between items within the same fund.

(2) The annual budget appropriations may be amended as provided in 7-6-4006 (3) and 7-6-4012 .

(3) Except as provided in 7-6-4006 , 7-6-4011 , 7-6-4012 , 7-6-4015 , and 7-6-4032 or in the case of an emergency under Title 10, chapter 3, a public hearing is required for an overall increase in appropriation authority.
Mont. Code Ann. § 7-33-2211 — MT Code / Title 7 / Chapter 33 / Part 22 / Section 7-33-2211
7-33-2211 Levy against certain properties prohibited
Status: in_force

7-33-2211 . Levy against certain properties prohibited. The levy authorized by this part may not be assessed against properties located within the incorporated boundaries of a city or town.
Mont. Code Ann. § 7-4-4111 — MT Code / Title 7 / Chapter 4 / Part 41 / Section 7-4-4111
7-4-4111 Determination of vacancy in municipal office
Status: in_force

7-4-4111 . Determination of vacancy in municipal office. An office becomes vacant on the happening of any of the following events before the expiration of the term of the incumbent:

(1) the death of the incumbent;

(2) a determination pursuant to Title 53, chapter 21, part 1, that the incumbent is mentally ill;

(3) the incumbent's resignation;

(4) the incumbent's removal from office;

(5) the incumbent's absence from the city or town continuously for 10 days without the consent of the council;

(6) the incumbent's open neglect or refusal to discharge duties;

(7) the incumbent's ceasing to be a resident of the city or town or, in the case of a city council member, ceasing to be a resident of the city council member's ward. This subsection does not apply to an appointed municipal officer who resides outside the city or town limits with the approval of the city or town governing body and within a distance of the city or town approved by the governing body.

(8) the incumbent's ceasing to discharge the duty of office for a period of 3 consecutive months, except when prevented by illness or when absent from the city or town by permission of the governing body;

(9) the incumbent's conviction of a felony or of any offense involving moral turpitude or a violation of official duties;

(10) the incumbent's refusal or neglect to file an official bond within the time prescribed;

(11) the decision of a competent tribunal declaring void the incumbent's election or appointment.
Mont. Code Ann. § 7-5-2103 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2103
7-5-2103 Division of county into districts
Status: in_force

7-5-2103 . Division of county into districts. The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to divide the counties into township, school, road, and other districts required by law; change the same; and create others as convenience requires by consolidation of two or more townships or otherwise.
Mont. Code Ann. § 7-11-222 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-222
7-11-222 Management of commission finances
Status: in_force

7-11-222 . Management of commission finances. All money received by the commission shall be deposited with the county treasurer in the county. The county treasurer is authorized to disburse funds of the commission on its order.
Mont. Code Ann. § 7-7-4503 — MT Code / Title 7 / Chapter 7 / Part 45 / Section 7-7-4503
7-7-4503 Exchange or sale of refunding revenue bonds
Status: in_force

7-7-4503 . Exchange or sale of refunding revenue bonds. (1) Refunding revenue bonds may, with the consent of the holders of the bonds to be refunded thereby, be exchanged at par plus accrued interest for all or part of such bonds or may be sold at a private negotiated sale or at a public sale conducted pursuant to the provisions of 7-7-4433 and 7-7-4434 at a price not less than par plus accrued interest.

(2) Nothing herein shall require the holder of any outstanding bond to accept payment thereof or the delivery of a refunding bond in exchange therefor except in accordance with the terms of such outstanding bond.
Mont. Code Ann. § 7-12-4502 — MT Code / Title 7 / Chapter 12 / Part 45 / Section 7-12-4502
7-12-4502 Notice of intention to abandon district
Status: in_force

7-12-4502 . Notice of intention to abandon district. (1) After the passage of the resolution provided for in 7-12-4501 , the city or town clerk shall publish a notice as provided in 7-1-4127 of the intention to abandon.

(2) The notice must specify the boundaries of the district to be abandoned, the date of the passage of the resolution of intention to abandon, and the date set for the passage of the resolution of abandonment and that unless 40% of the owners in the district file written protest with the clerk of the city or town before the passage of the resolution, it will be passed. The notice must also set forth, when applicable, that it is the duty of the owners of the property abutting on the street parking district involved to maintain the property after the abandonment.
Mont. Code Ann. § 7-14-1111 — MT Code / Title 7 / Chapter 14 / Part 11 / Section 7-14-1111
7-14-1111 General powers of authority
Status: in_force

7-14-1111 . General powers of authority. An authority has all the powers necessary or convenient to carry out the purposes of this part, including but not limited to the power to:

(1) subject to 15-10-420 , request annually the amount of tax to be levied by the governing body for port purposes, which request the governing body may in its discretion approve for port purposes;

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

(3) execute contracts and other instruments and take other action that may be necessary or convenient to carry out the purposes of this part;

(4) plan, establish, acquire, develop, construct, purchase, enlarge, improve, maintain, equip, operate, regulate, and protect transportation, storage, or other facilities. For these purposes an authority may, by purchase, gift, devise, lease, or otherwise, acquire real or personal property or any interest in property, including easements.

(5) establish comprehensive port zoning regulations in accordance with the laws of this state;

(6) acquire, by purchase, gift, devise, lease, or otherwise, existing transportation, storage, or other facilities that may be necessary or convenient to carry out the purposes of this part. However, an authority may not acquire or take over any transportation, storage, or other facility owned or controlled by another authority, county, municipality, or public agency without the consent of the authority, county, municipality, or public agency.

(7) provide financial and other support to organizations in its jurisdiction, including corporations organized under the provisions of the development corporation act in Title 32, chapter 4, whose purpose is to promote, stimulate, develop, and advance the general welfare, economic development, and prosperity of its jurisdiction and of the state and its citizens by stimulating, assisting in, and supporting the growth of all kinds of economic activity, including the creation, expansion, modernization, retention, and relocation of new and existing businesses and industry in the state, all of which will tend to promote business development, maintain the economic stability and prosperity of the state, and thus provide maximum opportunities for employment and improvement in the standards of living of citizens of the state; and

(8) for an authority with a truck/train transloading facility, receive grants pursuant to 80-11-105 to enhance the transportation of agricultural goods and to meet the purposes of this part.
Mont. Code Ann. § 7-33-2203 — MT Code / Title 7 / Chapter 33 / Part 22 / Section 7-33-2203
7-33-2203 County rural fire chief
Status: in_force

7-33-2203 . County rural fire chief. The county rural fire chief may be a regular county officer or other person who in the opinion of the board is the best qualified to perform the duties of this office and who is not entitled to additional compensation for the duties hereby imposed.
Mont. Code Ann. § 7-12-4242 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4242
7-12-4242 Application of provisions relating to supplemental revolving fund
Status: in_force

7-12-4242 . Application of provisions relating to supplemental revolving fund. The provisions of 7-12-4241 through 7-12-4258 shall not be applicable to any improvement unless the council shall find that 80% or more in area of the total parcels to be assessed for such improvement have been improved by the erection of permanent buildings or structures thereon having a value greater than the value of such parcels without such improvements according to the last assessment roll.
Mont. Code Ann. § 7-4-4113 — MT Code / Title 7 / Chapter 4 / Part 41 / Section 7-4-4113
7-4-4113 Removal of appointed officer
Status: in_force

7-4-4113 . Removal of appointed officer. The council, upon written charges to be entered upon their journal, after notice to the party, and after trial by the council, may remove any nonelected officer by vote of two-thirds of all the members-elect.
Mont. Code Ann. § 7-7-2262 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2262
7-7-2262 Payment of principal and interest
Status: in_force

7-7-2262 . Payment of principal and interest. The county treasurer shall pay from the proper sinking and interest fund the interest and principal of each issue or series of outstanding bonds, as the interest and principal become due and at the place where the bonds are payable, upon presentation and surrender of the coupon or bond to be paid.
Mont. Code Ann. § 7-15-4204 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4204
7-15-4204 Interpretation
Status: in_force

7-15-4204 . Interpretation. (1) The powers conferred by part 43 and this part are for public uses for which public money may be expended and the power of eminent domain may be exercised as provided in Title 70, chapter 30. The legislature finds and declares that necessity in the public interest exists for the provisions enacted in part 43 and this part concerning urban renewal.

(2) A city or town may not serve as a pass-through entity by using its power of eminent domain, as provided in Title 70, chapter 30, to obtain property with the intent to sell, lease, or provide the property to a private entity.
Mont. Code Ann. § 7-1-4129 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4129
7-1-4129 Mail notice
Status: in_force

7-1-4129 . Mail notice. (1) Unless otherwise specifically provided, when a municipality is required to give notice of a hearing or other official act by mail, the requirement may be met by:

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

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

(c) mailing the notice at the bulk rate instead of first class when notice is to be given by mail to 200 or more electors or residents of a municipality.

(2) The notice shall contain:

(a) the date, time, and place at which the hearing or other action will be taken;

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

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

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

(3) When notice by mail is required, the requirement shall apply only to persons whose addresses are known.
Mont. Code Ann. § 7-2-4713 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4713
7-2-4713 Effective date of annexation
Status: in_force

7-2-4713 . Effective date of annexation. The effective date of annexation may be fixed for any date within 12 months from the date of passage of the ordinance.
Mont. Code Ann. § 7-32-2120 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2120
7-32-2120 Definitions
Status: in_force

7-32-2120 . Definitions. As used in this part, the following definitions apply:

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

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

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

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

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

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

(7) "Private detention center" means a detention center owned by private industry and leased to or operated under a contract with a local government.
Mont. Code Ann. § 7-3-705 — MT Code / Title 7 / Chapter 3 / Part 7 / Section 7-3-705
7-3-705 Officials and personnel
Status: in_force

7-3-705 . Officials and personnel. (1) The charter must specify which official of the local government will be the chief administrative and executive officer, the method of the officer's selection, the term of office (except that it may be at the pleasure of the selecting authority if the officer is not elected by popular vote), the grounds for the officer's removal, and the officer's powers and duties. However, the charter may allocate the chief executive and the chief administrative functions among two or more officials specified as provided in this section, or the charter may provide that chief executive and administrative functions of the local government will be performed by one or more members of the legislative body.

(2) A charter form of government must have the officers, departments, boards, commissions, and agencies that are established in the charter, by local ordinance, or required by state law.
Mont. Code Ann. § 7-3-4434 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4434
7-3-4434 Purchase and sale of supplies and property
Status: in_force

7-3-4434 . Purchase and sale of supplies and property. (1) The director of finance or city manager shall, in manner provided by ordinance, purchase all supplies for the municipality and sell all real and personal property of the municipality not needed or unsuitable for public use or that may have been condemned as useless by the director of a department. The director of finance or city manager has charge of the storerooms and storehouses of the municipality that may be provided by ordinance, in which must be stored all supplies and materials purchased by the municipality and not delivered to the various departments.

(2) The director of finance or city manager shall inspect all supplies delivered to determine quality and quantity and conformance with specifications, and a voucher may not be honored unless the accompanying invoice is endorsed as approved.

(3) The director of finance or city manager may require from the director of each department, at times that contracts for supplies are to be let, a requisition for the quantity and kind of supplies to be paid for from the appropriations of the department.

(4) Upon certification that funds are available in the proper appropriations, the goods must be purchased and must be paid for from funds in the proper department for that purpose. However, this procedure may not prejudice the director of finance or city manager from purchasing goods for cash to the credit of the stores account to be furnished to the several departments on requisition. The goods must be paid for by the department to which the goods are furnished by warrant made payable to the stores account.

(5) The director of finance or city manager may not furnish any supplies to or purchase any supplies for any department unless the department has an available appropriation balance in excess of all unpaid obligations sufficient to pay for the supplies.

(6) Before making any purchase or sale, the director of finance or city manager shall give opportunity for competition. All proposals must be upon precise specifications and under rules established by the commission. Each order of purchase or sale must be approved and countersigned by the city manager or the deputy city manager.

(7) In cases of emergency, purchases may be made without competition if a sufficient appropriation has been made against which purchases may lawfully be charged. In those cases, a copy of the order issued must be filed with the director of finance, together with a certificate by the head of the department stating the facts of the emergency. A copy of this certificate must be attached to and filed with the voucher covering payment for the supplies. The director of finance shall employ assistants and employees that are necessary to properly carry out the director's duties under the provisions of part 43 and this part. If desirable, the director may divide the office into divisions presided over by an accountant, a treasurer, and a purchasing agent.
Mont. Code Ann. § 7-3-4463 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4463
7-3-4463 Department of public welfare
Status: in_force

7-3-4463 . Department of public welfare. (1) Subject to the supervision and control of the city manager in all matters, the director of public welfare shall manage all charitable, correctional, and reformatory institutions and agencies belonging to the municipality and the use of all recreational facilities of the municipality, including libraries, parks, and playgrounds. The director has charge of the inspection and supervision of public amusements and entertainments. The director shall enforce all laws, ordinances, and regulations relating to:

(a) the preservation and promotion of the public health;

(b) the prevention and restriction of disease;

(c) the prevention, abatement, and suppression of nuisances; and

(d) the sanitary inspection and supervision of the production, transportation, storage, and sale of foodstuffs.

(2) The director shall cause a complete and accurate system of vital statistics to be kept. In time of epidemic or threatened epidemic, the director may enforce quarantine regulations that are appropriate to the emergency. The director of public welfare shall provide for the study of and research into causes of poverty, delinquency, crime, disease, and other social problems in the community and shall, by means of lectures and exhibits, promote the education and understanding of the community in those matters that affect the public welfare.

(3) The health officer of the municipality is under the direction and control of the director of public welfare, shall enforce all ordinances and laws relating to health, and shall perform all duties and have all powers provided by general law relative to the public health to be exercised in municipalities by health officers. Regulations affecting the public health in addition to those established by general law and for the violation of which penalties are imposed must be enacted by the commission and enforced as provided in this part.
Mont. Code Ann. § 7-12-4327 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4327
7-12-4327 Assessment of costs of lighting district to certain lands lying outside of municipality
Status: in_force

7-12-4327 . Assessment of costs of lighting district to certain lands lying outside of municipality. The city or town council may make assessments in the manner provided in 7-12-4301 on property abutting the street or highway and lying outside the boundaries of the city or town, as long as that portion of the street or public highway to be lighted is adjacent to the boundary line of the city or town, lies partially within the city or town, or extends from one point within the city or town to another point within the city or town.
Mont. Code Ann. § 7-4-2404 — MT Code / Title 7 / Chapter 4 / Part 24 / Section 7-4-2404
7-4-2404 Limitation on county officer acting as deputy officer
Status: in_force

7-4-2404 . Limitation on county officer acting as deputy officer. No county officer under salary must be appointed or act as deputy of another officer of the same county except in cases where the officer so appointed agrees to act and serve as such deputy without additional compensation.
Mont. Code Ann. § 7-33-2102 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2102
7-33-2102 Notice of hearing
Status: in_force

7-33-2102 . Notice of hearing. The board shall, within 10 days after the receipt of the petition, give notice of the hearing at least 10 days prior to the hearing:

(1) by mailing a copy of the notice as provided in 7-1-2122 or as provided in 7-1-4129 if the proposed district or a portion of the proposed district is in an incorporated second-class or third-class city or town to each registered voter and real property owner residing in the proposed district; and

(2) by publishing the notice as provided in 7-1-2121 or as provided in 7-1-4127 if the proposed district or portion of the proposed district is in an incorporated second-class or third-class city or town.
Mont. Code Ann. § 7-6-401 — MT Code / Title 7 / Chapter 6 / Part 4 / Section 7-6-401
7-6-401 Definitions relating to interest assessment
Status: in_force

7-6-401 . Definitions relating to interest assessment. As used in 7-6-402 and 7-6-403 , the following definitions apply:

(1) "Services" means the furnishing of labor, time, or effort, including construction services, purchased or contracted for by a county or a municipality.

(2) "Supplies" means all personal property purchased, leased, or contracted for by a county or municipality, including leases of equipment. The term also includes leases of buildings or other real property by a county or municipality.
Mont. Code Ann. § 7-3-436 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-436
7-3-436 Treasurer
Status: in_force

7-3-436 . Treasurer. A treasurer:

(1) may be elected;

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

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

(4) may be selected as provided by ordinance;

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

(6) may not be included in this form as a separate office.
Mont. Code Ann. § 7-22-2117 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2117
7-22-2117 Violations
Status: in_force

7-22-2117 . Violations. (1) Any person who interferes with the board or its authorized agent in carrying out the provisions of this part or who refuses to obey an order or notice of the board is liable for a civil penalty in the amount of the actual cost to the board or the estimated cost of removing the noxious weeds from the impacted property in addition to any penalty imposed under 7-22-2134 .

(2) All fines, bonds, and penalties collected under the provisions of this part must be paid to the county treasurer of each county and placed by the county treasurer into a fund to be known as the noxious weed fund.
Mont. Code Ann. § 7-15-4284 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4284
7-15-4284 Filing of tax increment provisions plan or district ordinance
Status: in_force

7-15-4284 . Filing of tax increment provisions plan or district ordinance. (1) The clerk of the local government shall provide a certified copy of the ordinance creating each urban renewal plan or targeted economic development district comprehensive development plan and an amendment to either of the plans containing a tax increment provision to the department of revenue.

(2) A certified copy of each plan, ordinance, or amendment must also be filed with the clerk or other appropriate officer of each of the affected taxing bodies.
Mont. Code Ann. § 7-13-4522 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4522
7-13-4522 Changes in district boundaries
Status: in_force

7-13-4522 . Changes in district boundaries. The board of directors may by resolution make changes in the boundaries of a local water quality district that the board determines are reasonable and proper, following the same procedures of notice and hearing provided in 7-13-4507 , 7-13-4509 , and 7-13-4510 , except that the notice provisions of 7-13-4507 (3) apply only to the owners of proposed fee-assessed units in new areas that are proposed to be included in the district. If 20% of the owners of fee-assessed units in the new areas protest the inclusion in the district and the fees proposed to be charged, the board of directors is barred from further proceedings on the matter unless the registered voters who reside in the areas proposed for inclusion agree to be included in the district and accept the proposed fees by approving a referendum in accordance with the provisions of 7-13-4512 .
Mont. Code Ann. § 7-4-2917 — MT Code / Title 7 / Chapter 4 / Part 29 / Section 7-4-2917
7-4-2917 Disposition of property of deceased -- suicide note
Status: in_force

7-4-2917 . Disposition of property of deceased -- suicide note. (1) Any property of a decedent or any suicide note composed or purportedly composed by a decedent in the custody of the county coroner shall be held until such time as the county attorney establishes that it is not necessary to hold such property or note to determine the true cause of death, to assist any investigating agency, or to be used as evidence in any related criminal court action.

(2) For the purposes of this section, "investigating agency" means any county attorney, the state medical examiner, and any law enforcement agency of this state and any political subdivision of this state having jurisdiction of the death.

(3) When such property or note is no longer needed for evidentiary purposes, it shall be given upon written request to the personal representative of the decedent appointed under Title 72 or, if no personal representative is appointed, to the decedent's family or whoever in the discretion of the county attorney should receive the property or the note.
Mont. Code Ann. § 7-12-4226 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4226
7-12-4226 Investment of surplus reserves
Status: in_force

7-12-4226 . Investment of surplus reserves. Surplus reserves not needed for immediate use may from time to time be invested in securities of the United States or certificates of deposit approved by the city council. The interest earned from such investments shall be placed to the credit of the revolving fund.
Mont. Code Ann. § 7-12-4354 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4354
7-12-4354 Minor modifications exempt
Status: in_force

7-12-4354 . Minor modifications exempt. Nothing in 7-12-4351 through 7-12-4354 prevents the city or town council from eliminating unnecessary lights, relocating individual lights, upgrading lights and lighting-related facilities in the interest of energy conservation, or making other minor modifications in a special improvement lighting district without following the procedures described in 7-12-4351 through 7-12-4353 . For the purposes of this section, "minor modifications" includes but is not limited to adding properties or lights if the additions:

(1) reduce assessments within the maintenance district; or

(2) increase the average assessments within the maintenance district by 3% or less in a fiscal year.
Mont. Code Ann. § 7-33-2143 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2143
7-33-2143 Decision on petition for division -- protest
Status: in_force

7-33-2143 . Decision on petition for division -- protest. The petition must be granted and the original districts must be divided into separate districts unless at the time of the hearing on the petition protests are presented by the owners of 40% or more of the real property in the entire original district and owners of property representing 40% or more of the taxable value of property in the entire original district. If the required number of protests are presented, the petition for division may not be approved.
Mont. Code Ann. § 7-6-2217 — MT Code / Title 7 / Chapter 6 / Part 22 / Section 7-6-2217
7-6-2217 Administration of relief received from federal agencies
Status: in_force

7-6-2217 . Administration of relief received from federal agencies. In any county where aid is received from the reconstruction finance corporation or any other similar agencies, the county commissioners of such county shall be authorized to employ the necessary help and incur such expenses as are necessary in the administration of such relief; and in so doing the board may appropriate such funds as are necessary from the general fund of said county. Such appropriation shall be held and deemed legal and valid notwithstanding the provisions of the budget act.
Mont. Code Ann. § 7-3-4447 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4447
7-3-4447 Supervision of public places
Status: in_force

7-3-4447 . Supervision of public places. (1) The commission shall provide by ordinance for the care, supervision, control, and improvement of public highways, streets, avenues, alleys, sidewalks, public grounds, bridges, aqueducts, and viaducts within the municipality and shall cause them to be kept open, in repair, and free from nuisance.

(2) When it deems it necessary, the commission may cause any street, alley, or public highway to be opened, straightened, altered, diverted, narrowed, widened, or vacated.
Mont. Code Ann. § 7-33-2106 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2106
7-33-2106 Details relating to board of trustees of fire district -- election -- qualified electors
Status: in_force

7-33-2106 . Details relating to board of trustees of fire district -- election -- qualified electors. (1) (a) The five trustees initially appointed by the county commissioners hold staggered terms of office until their successors are elected or appointed and qualified as provided in this section.

(b) The initial trustees' terms of office must be drawn by lot and include:

(i) 3 years for one trustee;

(ii) 2 years for two trustees; and

(iii) 1 year for two trustees.

(c) Upon expiration of the terms provided in subsection (1)(b), each subsequent trustee shall serve a 3-year term of office.

(d) A term of office begins on the date of the trustee's election or appointment.

(2) Trustee elections must be conducted in accordance with Title 13, chapter 1, part 5.

(3) An appointment to fill a vacancy occurring during the term of office of a trustee must be made by the county governing body and the appointee shall hold office until the next trustee election.

(4) An elector, as defined in 13-1-101 , who resides in the district or any holder of title to lands within the district who presents a proof of payment of taxes on the lands at the polling place is eligible to vote in the election.

(5) Any person eligible to vote in the election may file a declaration of candidacy for the office of trustee. The declaration must be filed with the election administrator in the county conducting the election pursuant to 13-1-505 within the time period specified in 13-1-502 .

(6) If there is not a candidate for one or more trustee offices, the board of county commissioners shall appoint one or more trustees as necessary to fill those offices. A trustee taking office pursuant to this subsection serves the trustee term of office as if that trustee had been elected.

(7) The trustees shall organize by choosing presiding officers and appointing one member to act as secretary.
Mont. Code Ann. § 7-1-4134 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4134
7-1-4134 Rights on behalf of government, company, or corporation
Status: in_force

7-1-4134 . Rights on behalf of government, company, or corporation. The chief executive of a municipality or political subdivision of the state, the responsible agent of a federal or state agency, or the chief executive officer, president, vice president, authorized agent, or secretary of a corporation or company may exercise the right of petition, protest, or voting on behalf of property owned by the government, corporation, or company.
Mont. Code Ann. § 7-3-221 — MT Code / Title 7 / Chapter 3 / Part 2 / Section 7-3-221
7-3-221 Presiding officer of commission -- voting
Status: in_force

7-3-221 . Presiding officer of commission -- voting. The presiding officer of the commission:

(1) may vote as other members of the commission;

(2) is the executive, who may vote as the commissioners;

(3) is the executive, who shall decide all tie votes of the commission but may not have another vote (the presiding officer of the commission shall preside if the executive is absent); or

(4) is the executive but may not vote.
Mont. Code Ann. § 7-16-2312 — MT Code / Title 7 / Chapter 16 / Part 23 / Section 7-16-2312
7-16-2312 County park superintendent
Status: in_force

7-16-2312 . County park superintendent. The board of park commissioners may employ a park superintendent, who may also be the secretary of the park board and who shall attend each regular meeting of the board and report, either in writing or orally as the board may require, as to the activities, functions, and progress of whatever nature pertaining to the park lands and facilities over which the superintendent has supervision. The duties of the park superintendent must be of a managerial capacity.
Mont. Code Ann. § 7-32-2203 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2203
7-32-2203 Who may be confined in a detention center
Status: in_force

7-32-2203 . Who may be confined in a detention center. Detention centers are used as follows:

(1) for the detention of persons committed in order to secure their attendance as witnesses in criminal cases;

(2) for the detention of persons charged with crime and committed for trial;

(3) for the confinement of persons committed for contempt or upon civil process or by other authority of law;

(4) for the confinement of persons sentenced to imprisonment therein upon conviction of a crime;

(5) for the confinement of persons sentenced to the state prison, as agreed upon by the state and the administrator in charge of the detention center.
Mont. Code Ann. § 7-14-208 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-208
7-14-208 Notice of hearing
Status: in_force

7-14-208 . Notice of hearing. (1) A notice of the public hearing required by 7-14-203 (1) or 7-14-207 must be published as provided in 7-1-2121 .

(2) The notice must state the time, date, place, and purpose of the hearing and describe the boundaries of the proposed district or addition.
Mont. Code Ann. § 7-15-4422 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4422
7-15-4422 Authorization to dissolve housing authority
Status: in_force

7-15-4422 . Authorization to dissolve housing authority. If, after the lapse of 2 years from the creation of a housing authority by the filing and recording in the office of the secretary of state of the application as provided in 7-15-4410 , no housing project has been commenced and no contract has been signed by the council or the mayor on behalf of the municipality with the housing authority or United States housing authority providing for contributions by the municipality either in cash or by tax remissions or exemptions in aid or support of any such housing project, such housing authority may be dissolved as provided in 7-15-4423 .
Mont. Code Ann. § 7-10-217 — MT Code / Title 7 / Chapter 10 / Part 2 / Section 7-10-217
7-10-217 Presumption of validity of bonds
Status: in_force

7-10-217 . Presumption of validity of bonds. (1) Bonds bearing the signatures of the officers of the regional resource authority in office on the date of the signing of the bonds are valid and binding obligations, notwithstanding that before the delivery of the bonds and payment for the bonds, any or all the persons whose signatures appear on the bonds have ceased to be officers of the regional resource authority issuing the bonds.

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

(3) The resolution authorizing the bonds may provide that the bonds must contain a recital that they are issued pursuant to this part. The recital is conclusive evidence of the validity of the bonds and of the regularity of their issuance.
Mont. Code Ann. § 7-3-187 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-187
7-3-187 Final report
Status: in_force

7-3-187 . Final report. (1) A study commission shall adopt a final report. If the study commission recommends an alteration of a local government, the final report must contain the following materials and documents, each signed by a majority of the study commission members:

(a) those materials and documents required of a petition proposing an alteration of a local government in 7-3-142 ;

(b) a certificate establishing the date of the election pursuant to 7-3-192 at which the alternative form of government or change in a plan of government is presented to the electors and a certificate establishing the form of the ballot question or questions; and

(c) a certificate establishing the dates of the first primary and general elections for officers of a new government if the proposal is approved and establishing the effective date of the proposal if approved.

(2) The final report must contain any minority report signed by members of the commission who do not support the majority proposal.

(3) If the study commission is not recommending any changes, its final report must indicate that changes are not recommended.

(4) The study commission shall file two copies of the final report with the department of administration, one of which the department shall forward to the state library. A copy of the final report must be certified by the study commission to the municipal or county records administrator within 30 days after the adoption of the final report.

(5) Sufficient copies of the final report must be prepared for public distribution. The final report must be available to the electors not later than 30 days prior to the election on the issue of adopting the alternative form or plan of government. Copies of the final report may be distributed to electors or residents of the local government or governments affected.

(6) After submission of the final report, the commission shall deposit copies of its minutes and other records with the county clerk and recorder.
Mont. Code Ann. § 7-14-2111 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2111
7-14-2111 Layout of roads
Status: in_force

7-14-2111 . Layout of roads. County roads must be laid out and opened when practicable upon subdivision or section lines. However, when public purposes shall be best served thereby, roads may be laid out in diagonal lines.
Mont. Code Ann. § 7-5-2303 — MT Code / Title 7 / Chapter 5 / Part 23 / Section 7-5-2303
7-5-2303 Use of public auction to make purchase
Status: in_force

7-5-2303 . Use of public auction to make purchase. (1) In lieu of soliciting bids, the governing body may purchase at public auction any vehicle, road machinery or other machinery, apparatus, appliances, equipment, or materials or supplies for an amount less than $150,000.

(2) Compliance with the provisions of this section is considered as meeting the requirements of 7-5-2301 .
Mont. Code Ann. § 7-14-2806 — MT Code / Title 7 / Chapter 14 / Part 28 / Section 7-14-2806
7-14-2806 Rules and rates for public ferry or wharf
Status: in_force

7-14-2806 . Rules and rates for public ferry or wharf. (1) The board of county commissioners shall make all needful rules for the government and operation of county ferries, alter and fix rates of toll, and fix the amount of rental when leased to individuals or companies.

(2) In all cases the rate of toll shall be printed in legible form and posted upon the boat and at the landing places.
Mont. Code Ann. § 7-14-2201 — MT Code / Title 7 / Chapter 14 / Part 22 / Section 7-14-2201
7-14-2201 Maintenance and control of bridges
Status: in_force

7-14-2201 . Maintenance and control of bridges. (1) Each board of county commissioners shall maintain all public bridges other than those maintained by the department of transportation.

(2) The board shall manage and control all bridges referred to in this part. It shall direct the method and time of making repairs, planking, replanking, paving, and repaving.

(3) (a) Whenever a bridge needs repair or becomes dangerous for the passage of vehicles or persons, the board, or the county surveyor if the surveyor is in charge, shall repair the bridge upon being notified of the need for repair.

(b) This subsection (3) may not be construed as holding the board or any member responsible or liable for anything other than willful, intentional neglect or failure to act.

(4) In this part, "public bridges" means public bridges located in towns or cities and bridges located on county roads maintained by the county.
Mont. Code Ann. § 7-15-4220 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4220
7-15-4220 Use of neighborhood development program to implement urban renewal activities
Status: in_force

7-15-4220 . Use of neighborhood development program to implement urban renewal activities. (1) The municipality may elect to undertake and carry out urban renewal activities on a yearly basis. In such event, the activities shall be included in the yearly budget of the municipality. The undertaking of urban renewal activities on a yearly basis shall be designated as a "neighborhood development program" and the financing of such activities shall be approved in accordance with 7-15-4218 .

(2) In the event of such election, the municipality shall present its proposed annual increment activities or undertakings for public approval in keeping with 7-15-4211 through 7-15-4221 . Such activity year shall relate to the budget year of the municipality.

(3) Such activities need not be limited to contiguous areas. However, such activities shall be confined to the areas as outlined in the urban renewal plan as approved by the municipality in accordance with this part. The yearly activities shall constitute a part of the urban renewal plan, and the municipality may elect to undertake certain yearly activities and total urban renewal projects simultaneously.

(4) Every municipality shall have all the power necessary or convenient to plan and undertake neighborhood development projects consisting of urban renewal project undertakings and activities in one or more urban renewal areas which are planned and carried out on the basis of annual increments in accordance with the provisions of this part and part 43 for carrying out and planning urban renewal projects.
Mont. Code Ann. § 7-16-101 — MT Code / Title 7 / Chapter 16 / Part 1 / Section 7-16-101
7-16-101 Creation of funds for recreational and other activities of elderly by local governments
Status: in_force

7-16-101 . Creation of funds for recreational and other activities of elderly by local governments. (1) Subject to 15-10-420 , the governing body of a city, county, town, or municipality may in its discretion establish a fund to promote, establish, and maintain recreational, educational, and other activities of the elderly by a levy on taxable property. The tax levy is in addition to all other tax levies.

(2) The governing body may, by resolution, make expenditures from the fund as it may from time to time determine. Expenditures must be made for the promotion and development of recreational, educational, and other activities of the elderly, including motivation of the use of the talents of the elderly.

(3) The governing body may make payment of expenditures to nonprofit corporations or associations engaged in aiding the activities.
Mont. Code Ann. § 7-12-4204 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4204
7-12-4204 Procedure to issue bonds and warrants
Status: in_force

7-12-4204 . Procedure to issue bonds and warrants. (1) Subject to subsection (2), the city or town council shall sell bonds or warrants issued under the provisions of 7-12-4201 , in an amount sufficient to pay that part of the total cost and expense of the improvements that is to be assessed against 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 city council in the resolution calling for the sale of the bonds or warrants. The city council may fix the minimum price for the bonds or warrants in an amount not less than 97% of the face value if it determines that the sale is in the best interests of the district and the city.

(2) The bonds or warrants may be sold at a private negotiated sale as determined by the city or town council pursuant to 17-5-107 and subject to the requirements of 7-12-4203 .

(3) In all other cases, the provisions of 7-7-4251 , 7-7-4252 , and 7-7-4254 with regard 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 7-12-4205 and this section, apply to, govern, and control the form of notice of sale, publication of notice, and manner and method of selling the bonds or warrants.
Mont. Code Ann. § 7-14-2138 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2138
7-14-2138 Prosecution by county attorney
Status: in_force

7-14-2138 . Prosecution by county attorney. (1) The county attorney, upon complaint of the road supervisor, county surveyor, or any other person, shall prosecute all actions provided in Title 7, chapter 14, parts 21 through 26 and 28, in the name of the state of Montana.

(2) All penalties, except those paid to a justice's court, must be paid into the general fund of the county.
Mont. Code Ann. § 7-7-2407 — MT Code / Title 7 / Chapter 7 / Part 24 / Section 7-7-2407
7-7-2407 Restriction on use of loan proceeds
Status: in_force

7-7-2407 . Restriction on use of loan proceeds. All money borrowed by or on behalf of any county must be used only for the purpose specified by law.
Mont. Code Ann. § 7-32-4151 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4151
7-32-4151 Police commission required in all cities and some towns
Status: in_force

7-32-4151 . Police commission required in all cities and some towns. (1) In all cities and some towns, the mayor, or the manager in those cities operating under the commission-manager plan, shall nominate and, with the consent of the city council or commission, appoint three residents of such city or town who shall have the qualifications required by law to hold a municipal office therein and who shall constitute a board to be known by the name of "police commission".

(2) This section shall apply to organized police departments in every city and town of the state which have three or more full-time law enforcement officials, regardless of the form of government under which said city or town may be operating or may at any time adopt.
Mont. Code Ann. § 7-15-4522 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4522
7-15-4522 Redemption of bonds
Status: in_force

7-15-4522 . Redemption of bonds. In connection with the issuance of bonds and/or the incurring of any obligation under a lease and in order to secure the payment of such bonds and/or obligations, the authority shall have power to redeem the bonds and covenant for their redemption and provide the terms and conditions thereof.
Mont. Code Ann. § 7-22-2120 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2120
7-22-2120 Funding -- reporting requirements -- emergency exemption
Status: in_force

7-22-2120 . Funding -- reporting requirements -- emergency exemption. (1) (a) Before a district applies to the state for state or federal funding, the district shall provide the department with a weed management plan, as provided in 7-22-2121 , and with a copy of the resolution creating the board.

(b) After the initial submission of the weed management plan, the district's weed management plan must be updated and submitted to the department every 2 years.

(c) The department may adopt rules and procedures necessary to implement this section. The rules may not impair the ability of the district to meet its responsibilities.

(2) The department may exempt a district from the requirements of subsection (1) if a noxious weed emergency is declared by the governor as provided in 80-7-815 .
Mont. Code Ann. § 7-15-4460 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4460
7-15-4460 Powers of housing authority relating to acquisition and disposition of property
Status: in_force

7-15-4460 . Powers of housing authority relating to acquisition and disposition of property. (1) An authority may:

(a) purchase, lease, obtain options upon, or acquire by gift, grant, bequest, devise, or otherwise any real or personal property or any interest in property from any person, firm, corporation, city, municipality, or government;

(b) acquire by eminent domain, as provided in Title 70, chapter 30, any real property, including improvements and fixtures on the real property;

(c) sell, exchange, transfer, assign, or pledge any real or personal property or any interest in property to any person, firm, corporation, municipality, city, or government;

(d) own, hold, clear, and improve property;

(e) insure or provide for the insurance of the property or operations of the authority against risks that the authority considers advisable;

(f) procure insurance or guarantees from the federal government of the payment of any debts or parts of debt secured by mortgages made or held by the authority on any property included in a housing project.

(2) Statutes with respect to the acquisition, operation, or disposition of property by other public bodies are not applicable to an authority unless the legislature specifically declares that the provisions are applicable.
Mont. Code Ann. § 7-31-4101 — MT Code / Title 7 / Chapter 31 / Part 41 / Section 7-31-4101
7-31-4101 Board of health
Status: in_force

7-31-4101 . Board of health. The city or town council has power to provide for a board of health and to prescribe its powers and duties and, when a board of health is provided, for the board of health to have jurisdiction within the city or town limits.