Mont. Code Ann. § 7-3-432 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-432
7-3-432 Legal officer
Status: in_force

7-3-432 . Legal officer. A legal officer, who may be called the county attorney:

(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. § 7-12-4124 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4124
7-12-4124 Water user entities exempt from special assessments
Status: in_force

7-12-4124 . Water user entities exempt from special assessments. Rights-of-way, ditches, flumes, pipelines, dams, water rights, reservoirs, equipment, machinery, motor vehicles, and other personal property owned by a nonprofit water company, water users' association, irrigation company, canal company, ditch company, reservoir company, or similar nonprofit water user entity are exempt from every special assessment imposed by any improvement or maintenance district created under Title 7, chapter 12.
Mont. Code Ann. § 7-32-102 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-102
7-32-102 Director of department of public safety
Status: in_force

7-32-102 . Director of department of public safety. The director of the department of public safety is the sheriff, who may be elected or may be appointed by the public safety commission if the form of county government provides for an appointed sheriff. An appointed director shall receive a majority of the votes of the public safety commission members voting on the question of appointment.
Mont. Code Ann. § 7-2-2509 — MT Code / Title 7 / Chapter 2 / Part 25 / Section 7-2-2509
7-2-2509 Effect of name change on property and legal rights
Status: in_force

7-2-2509 . Effect of name change on property and legal rights. (1) All public records and property of the county existing under the former name shall be and become the public records and property of the county of the new name. In all conveyances, indentures, instruments, decrees of courts, and other records where the former name of the county occurs, said former name shall thereafter be construed to mean the new name of the county.

(2) All writs and processes in force and existence under the former name of the county shall thereafter be the writs and processes of and appertaining to the county under its new name. All bonds, undertakings, and sureties, alive and in existence and running to or standing in the former name of the county, shall have the same force, effect, and relation to the county under its new name as they had to the county under its former name. All suits, actions, and proceedings in law or equity pending in the district court of the county under its former name or in any of the other courts of said county shall continue in full force and be in existence in the court in which they were pending under the new name of the county and shall not be in anywise abated or affected by the change of name.
Mont. Code Ann. § 7-2-2511 — MT Code / Title 7 / Chapter 2 / Part 25 / Section 7-2-2511
7-2-2511 Effect of name change on indebtedness, obligations, and contracts
Status: in_force

7-2-2511 . Effect of name change on indebtedness, obligations, and contracts. (1) All indebtedness and obligations of the county, whether bonded or otherwise, shall be assumed by and become the indebtedness of the county under its new name. All bonds issued by the county under its former name, outstanding and unpaid at the time of the rendition of the decree, shall be assumed by and become due from and paid by the county under its new name.

(2) All contracts and obligations, express or implied, unfulfilled by the county at the date of the rendition of the decree shall be assumed and discharged by the county under its new name.
Mont. Code Ann. § 7-13-2205 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2205
7-13-2205 Notice of petition -- hearing required
Status: in_force

7-13-2205 . Notice of petition -- hearing required. (1) The text of the petition referred to in 7-13-2204 shall be published as provided in 7-1-2121 in every county in which said territory lies.

(2) When contained upon more than one instrument, one copy only of such petition need be published. No more than five of the names attached to said petition need appear in such publication of said petition and notice, but the number of signers shall be stated.
Mont. Code Ann. § 7-3-172 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-172
7-3-172 Purpose of study commission
Status: in_force

7-3-172 . Purpose of study commission. The purpose of a study commission is to study the existing form and powers of a local government and procedures for delivery of local government services and compare them with other forms available under the laws of the state.
Mont. Code Ann. § 7-8-202 — MT Code / Title 7 / Chapter 8 / Part 2 / Section 7-8-202
7-8-202 Contents of contract between city and county
Status: in_force

7-8-202 . Contents of contract between city and county. The contract shall provide:

(1) for the proposed expenditure for the construction, purchase, or lease of the city-county building and the proposed cost of equipping and operating the building;

(2) for the management of the building by a method which will provide that the city and county shall each be represented and have an active part in the management of the building;

(3) that the management of the joint institution shall have such powers as will be necessary to accomplish the purposes of this part.
Mont. Code Ann. § 7-3-4362 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4362
7-3-4362 Role of city manager
Status: in_force

7-3-4362 . Role of city manager. The city manager shall be the administrative head of the municipal government and shall be responsible for the efficient administration of all departments.
Mont. Code Ann. § 7-4-4211 — MT Code / Title 7 / Chapter 4 / Part 42 / Section 7-4-4211
7-4-4211 Designation of person to receive decedent's warrants or paychecks -- reissuance
Status: in_force

7-4-4211 . Designation of person to receive decedent's warrants or paychecks -- reissuance. A person employed by a municipality may file with the appointing power a designation of a person who, notwithstanding any other provision of law, is entitled, on the death of the employee, to receive all warrants or paychecks that would have been payable to the decedent. The employee may change the designation from time to time. A designated person shall claim the warrants or paychecks from the city treasurer or town clerk, whichever is applicable, and on sufficient proof of identity, the city treasurer or town clerk shall reissue the warrant or paycheck in the name of the designated person and deliver the warrant or paycheck to the designated person.
Mont. Code Ann. § 7-13-4506 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4506
7-13-4506 Participation of cities and towns
Status: in_force

7-13-4506 . Participation of cities and towns. (1) Upon passage of a resolution of intention, the commissioners shall transmit a copy of the resolution to the governing body of any incorporated city or town within the proposed local water quality district for consideration by the governing body.

(2) If the governing body of the city or town by resolution concurs in the resolution of intention, a copy of the resolution of concurrence must be transmitted to the commissioners.

(3) If the governing body of the incorporated city or town does not concur in the resolution of intention, the commissioners may not include the city or town in the district but may continue to develop a district that excludes the city or town.
Mont. Code Ann. § 7-3-1271 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1271
7-3-1271 General provisions related to elections
Status: in_force

7-3-1271 . General provisions related to elections. (1) For any election held on the question of the adoption of this part and part 13 and for the first election of members of the commission if adopted, the county election administrator and board of county commissioners shall exercise the powers and perform the duties respecting elections prescribed for county election administrators and boards of county commissioners by the election laws of the state.

(2) After the adoption of this part and part 13 by the electors of the county and the election and qualification of a commission, elections must be conducted as provided in Title 7 and Title 13.
Mont. Code Ann. § 7-6-1540 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1540
7-6-1540 Resort area district -- certificate of incorporation from secretary of state
Status: in_force

7-6-1540 . Resort area district -- certificate of incorporation from secretary of state. Within 10 days of receiving a copy of the resolution described in 7-6-1539 , the secretary of state shall issue a certificate stating that the resort area district has been established under the laws of the state of Montana. The secretary of state shall file a copy of the certificate with the clerk and recorder in each county in which the resort area district is located.
Mont. Code Ann. § 7-5-2112 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2112
7-5-2112 Littering with lighted matches, cigarettes, and other burning material and dumping ashtray prohibited -- penalty -- posting
Status: in_force

7-5-2112 . Littering with lighted matches, cigarettes, and other burning material and dumping ashtray prohibited -- penalty -- posting. (1) A person may not throw away lighted matches, tobacco, cigarettes, cigars, or other lighted material on a forest road, private road, city street, county road, public highway, or railroad right-of-way, except lighted materials used as safety signaling devices, in this state.

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

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

(4) Municipalities, the forest service, county governments, property owners, public transit operators, federal highway administrators, and any other appropriate entity may, at their discretion, post copies of this section in conspicuous locations.
Mont. Code Ann. § 7-2-2421 — MT Code / Title 7 / Chapter 2 / Part 24 / Section 7-2-2421
7-2-2421 Preparation of jury list for new county
Status: in_force

7-2-2421 . Preparation of jury list for new county. Whenever a new county has been created out of territory formerly embraced in any existing county or counties of the state, the jury list for such new county for the current year and until the regular jury commission for such new county shall certify the new jury list for the succeeding year, in accordance with the provisions of Title 3, chapter 15, part 4 shall be as follows.
Mont. Code Ann. § 7-34-2110 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2110
7-34-2110 Resolution calling for election on creation of district -- conduct of election
Status: in_force

7-34-2110 . Resolution calling for election on creation of district -- conduct of election. (1) The board of county commissioners in its resolution may make changes in the boundaries of the proposed district that it considers advisable, without including any additional lands not described in the petition, and it shall call an election on the question of the creation of the district.

(2) The election must be conducted in accordance with Title 13, chapter 1, part 5.
Mont. Code Ann. § 7-7-105 — MT Code / Title 7 / Chapter 7 / Part 1 / Section 7-7-105
7-7-105 Challenges to local government bond elections
Status: in_force

7-7-105 . Challenges to local government bond elections. (1) No action may be brought for the purpose of restraining the issuance and sale of bonds or other obligations by any county, city, town, or political subdivision of the state or for the purpose of restraining the levy and collection of taxes for the payment of such bonds or other obligations after the expiration of 60 days from the date of the election on such bonds or obligations or, if no election was held thereon, after the expiration of 60 days from the date of the order, resolution, or ordinance authorizing the issuance thereof, on account of any defect, irregularity, or informality in giving notice of or in holding the election. No defense based upon any such defect, irregularity, or informality may be interposed in any action unless brought within this period. This subsection applies but is not limited to any action and defense in which the issue is raised whether a voted debt or liability has carried by the required majority vote of the electors qualified and offering to vote thereon.

(2) (a) Any elector qualified to vote in a bond election of a county, a city, or any political subdivision of either may contest a bond election for any of the following causes:

(i) that the precinct board, in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election;

(ii) that any official charged with a duty under the election laws failed to perform that duty;

(iii) that in conducting the election, any official charged with a duty under the election laws violated any of the provisions of Title 13 relating to bond elections;

(iv) that electors qualified to vote in the election under the provisions of the constitutions of Montana and the United States were not given opportunity to vote in the election;

(v) that electors not qualified to vote in the election under the provisions of the constitutions of Montana and the United States were permitted to vote in the election.

(b) Within 60 days after the election, the contestant shall file a verified petition with the clerk of the court in the judicial district where the election was held.

(3) The word "action", as used in this section, is to be construed, whenever it is necessary to do so, as including a special proceeding of a civil nature.
Mont. Code Ann. § 7-2-4751 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4751
7-2-4751 Right to court review when area not annexed
Status: in_force

7-2-4751 . Right to court review when area not annexed. (1) If within 60 days of receiving a valid petition the governing body fails to pass a resolution of intent to annex, the petitioners may file a petition in the district court of the district in which the municipality is located.

(2) The municipality must be designated as the defendant in the cause and is required to appear and answer as in other cases.
Mont. Code Ann. § 7-7-2202 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2202
7-7-2202 Authority to issue general obligation bonds to satisfy judgments
Status: in_force

7-7-2202 . Authority to issue general obligation bonds to satisfy judgments. (1) The board of county commissioners of every county of the state may issue, negotiate, and sell coupon bonds on the credit of the county, as provided in this part, for the purpose of funding, paying in full, or compromising, settling, and satisfying any judgment rendered against the county in a court of competent jurisdiction, including the repayment of tax protests lost by the county, when there are not sufficient funds available to pay the judgment.

(2) The resolution providing for the issuance of the bonds must recite the facts concerning the judgment to be funded and the terms of any compromise agreement entered into between the board and the judgment creditor.
Mont. Code Ann. § 7-14-120 — MT Code / Title 7 / Chapter 14 / Part 1 / Section 7-14-120
7-14-120 Transloading facility
Status: in_force

7-14-120 . Transloading facility. (1) The department of transportation is authorized to issue to a local government a grant for construction of a demonstration truck/train transloading facility. The department shall solicit and accept proposals for no less than 2 months following the issuance of requests for proposals and shall award the grant primarily on the basis of simple payback in energy savings. The department shall also consider impact on freight rates, job creation, geographic proximity to raw materials, and access to new markets for Montana producers and shippers.

(2) The department of environmental quality is authorized to administratively transfer funds to the department of transportation for a demonstration truck/train transloading facility as provided in subsection (1).
Mont. Code Ann. § 7-1-4152 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4152
7-1-4152 Municipal infractions -- jurisdiction -- appeal
Status: in_force

7-1-4152 . Municipal infractions -- jurisdiction -- appeal. (1) A municipal court judge or city court judge has jurisdiction to assess or enter judgment for costs of abatement or correction in any amount not to exceed the jurisdictional amount for a money judgment in a civil action pursuant to 3-11-103 . If the municipality seeks abatement or correction costs in excess of that amount, the matter must be referred to the district court for hearing and entry of an appropriate order. The procedure for hearing in the district court shall be the same procedure as that for a small claims appealed under 25-35-803 .

(2) The defendant or the municipality may file a motion for a new trial or may appeal the decision to district court. A factual determination made by the trial court, supported by substantial evidence as shown in the record, is binding for purposes of appeal relating to the violation at issue, but is not admissible or binding as to any future violations for the same or similar ordinance provision by the same defendant.

(3) Except for willful or wanton misconduct on the part of the municipality, the issuance of a civil citation for a municipal infraction or the ensuing court proceedings do not provide an action for false arrest, false imprisonment, or malicious prosecution.

(4) An action brought pursuant to this section for a municipal infraction that is an environmental violation does not preclude, and is in addition to, any other enforcement action that may be brought under state law.
Mont. Code Ann. § 7-14-1634 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1634
7-14-1634 Collection of tax and disposition of funds
Status: in_force

7-14-1634 . Collection of tax and disposition of funds. (1) The procedure for the collection of the tax must be in accordance with the existing laws of the state of Montana.

(2) The proceeds from the tax levy must be deposited in a special account in which other revenues of the authority are deposited and may be expended by the authority as provided for in this part.
Mont. Code Ann. § 7-4-4512 — MT Code / Title 7 / Chapter 4 / Part 45 / Section 7-4-4512
7-4-4512 Duties of town clerk related to town records and papers
Status: in_force

7-4-4512 . Duties of town clerk related to town records and papers. The town clerk shall file and keep all records, books, papers, or property belonging to the town and to deliver the documents or property to a successor when qualified.
Mont. Code Ann. § 7-12-1112 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1112
7-12-1112 Resolution of intention to create or expand district -- notice
Status: in_force

7-12-1112 . Resolution of intention to create or expand district -- notice. (1) Before creating or expanding a district, the governing body shall pass a resolution of intention to do so, designating the boundaries of the district.

(2) Notice of passage of the resolution must be published as provided in 7-1-2121 . A copy of the notice must be mailed to every owner of real property within the proposed district or within the proposed area of expansion listed on the last-completed assessment roll for state, county, and school district taxes, at the owner's last-known address, on the same day the notice is first published or posted.

(3) The notice must describe the general purpose of the district or the general reason for the expansion and designate the time when and the place where the governing body will hear and pass upon all protests that may be made against the creation of the district or the expansion of the existing district. The notice must refer to the resolution on file with the governing body or clerk, if any, for the description of the boundaries.

(4) The resolution to expand a district deals only with the question of the expanded area, and the existing district does not have to be reestablished.
Mont. Code Ann. § 7-2-4718 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4718
7-2-4718 Construction
Status: in_force

7-2-4718 . Construction. (1) The method of annexation authorized in this part is independent from other methods of annexation authorized by state law.

(2) The governing body of the municipality to which territory is proposed to be annexed may in its discretion select one of the annexation procedures in parts 42 through 47 that is appropriate to the circumstances of the particular annexation. The municipal governing body must then follow the specific procedures prescribed in the appropriate part.
Mont. Code Ann. § 7-5-2141 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2141
7-5-2141 Membership in associations of counties
Status: in_force

7-5-2141 . Membership in associations of counties. The boards of county commissioners of the several counties of Montana are hereby authorized and empowered to:

(1) take out county membership in and cooperate with associations and organizations of other counties or county officials of this state and of other states for the furtherance of good government and the protection of county interests; and

(2) pay for such membership in such associations or organizations with county funds.
Mont. Code Ann. § 7-4-2703 — MT Code / Title 7 / Chapter 4 / Part 27 / Section 7-4-2703
7-4-2703 Limitation on number of deputies
Status: in_force

7-4-2703 . Limitation on number of deputies. In counties having a taxable valuation of $30 million or more, the county attorney may appoint one chief deputy and one deputy. In all other counties, the county attorney may appoint a chief deputy or a deputy only with the approval of the board of county commissioners.
Mont. Code Ann. § 7-14-2139 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2139
7-14-2139 Procedure to make excavations across highway
Status: in_force

7-14-2139 . Procedure to make excavations across highway. (1) (a) Any person contemplating the excavation or construction of any ditch, dike, flume, or canal across a public highway shall obtain a written permit from the board of county commissioners, road supervisor, or county surveyor of said district before beginning construction or excavation.

(b) Any person obtaining said written permit shall bridge at once, in accordance with plans and specifications furnished by the board.

(2) Any such bridge shall be maintained by the county.
Mont. Code Ann. § 7-14-1623 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1623
7-14-1623 Cooperation of county
Status: in_force

7-14-1623 . Cooperation of county. For the purpose of cooperating in the planning, construction, or operation of railroads pursuant to this part, a county for which an authority has been created may:

(1) lend or donate money to the authority;

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

(3) furnish facilities or improvements that it is empowered to provide in connection with the railroad or railroad facilities;

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

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

(6) enter into agreements with the authority respecting action to be taken by the county pursuant to the provisions of this section.
Mont. Code Ann. § 7-14-4405 — MT Code / Title 7 / Chapter 14 / Part 44 / Section 7-14-4405
7-14-4405 Bids for bus service contracts authorized -- operation of bus service
Status: in_force

7-14-4405 . Bids for bus service contracts authorized -- operation of bus service. The city or town council shall have power and authority to call for bids from independent carriers for such transportation service authorized by 7-14-4401 (1)(b) and to do all things necessary or proper for establishment and maintenance of such transportation service by contract, lease, or lease and operating agreement.
Mont. Code Ann. § 7-33-2109 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2109
7-33-2109 Tax levy, debt incurrence, and bonds authorized -- voted levy for volunteer firefighters' disability income or workers' compensation coverage
Status: in_force

7-33-2109 . Tax levy, debt incurrence, and bonds authorized -- voted levy for volunteer firefighters' disability income or workers' compensation coverage. (1) At the time of the annual levy of taxes, the board of county commissioners may, subject to 15-10-420 , levy a tax upon all property within a rural fire district for the purpose of buying or maintaining fire protection facilities, including real property, and apparatus, including emergency response apparatus, for the district or for the purpose of paying to a city, town, or private fire service the consideration provided for in any contract with the council of the city, town, or private fire service for furnishing fire protection service to property within the district. The tax must be collected as are other taxes.

(2) Subject to 15-10-425 , the board of county commissioners may levy a tax upon all taxable property within a rural fire district for the purpose of purchasing disability income insurance coverage or workers' compensation coverage for the volunteer firefighters of the district as provided in 7-6-621 .

(3) The board of county commissioners or the trustees, if the district is governed by trustees, may pledge the income of the district, subject to the requirements and limitations of 7-33-2105 (1)(d), to secure financing necessary to procure equipment and buildings, including real property, to house the equipment.

(4) In addition to the levy authorized in subsection (1), a district may borrow money by the issuance of bonds to provide funds for the payment of all or part of the cost of buying or maintaining fire protection facilities, including real property, and apparatus, including emergency response apparatus, for the district.

(5) The amount of debt incurred pursuant to subsection (3) and the amount of bonds issued pursuant to subsection (4) and outstanding at any time may not exceed 1.1% of the total assessed value of taxable property, determined as provided in 15-8-111 , within the district, as ascertained by the most recent assessment for state and county taxes prior to the incurrence of debt or the issuance of the bonds.

(6) The bonds must be authorized, sold, and issued and provisions must be made for their payment in the manner and subject to the conditions and limitations prescribed for the issuance of bonds by counties under Title 7, chapter 7, part 22.
Mont. Code Ann. § 7-4-501 — MT Code / Title 7 / Chapter 4 / Part 5 / Section 7-4-501
7-4-501 Establishment of program -- award value limited
Status: in_force

7-4-501 . Establishment of program -- award value limited. (1) A governing body may develop and administer an employee incentive award program to appropriately recognize and monetarily reward local government employees in a timely manner for:

(a) suggestions or inventions that contribute to the efficiency, economy, or other improvement of local government by reducing costs of governmental operations; or

(b) participation in or successful completion of a program designed to improve employee health or enhance employee safety.

(2) An award to an individual under this part may not exceed $50 in value.
Mont. Code Ann. § 7-13-4404 — MT Code / Title 7 / Chapter 13 / Part 44 / Section 7-13-4404
7-13-4404 Use of eminent domain powers to acquire water supply system
Status: in_force

7-13-4404 . Use of eminent domain powers to acquire water supply system. (1) If agreement is not reached pursuant to 7-13-4403 , then the city or town shall proceed to acquire the plant or water supply under Title 70, chapter 30.

(2) A city or town acquiring property under Title 70, chapter 30, shall pay the amount of compensation to the owner of the plant or water supply within 6 months from the date that final judgment is entered in the condemnation proceedings.
Mont. Code Ann. § 7-3-4211 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4211
7-3-4211 Conduct of election
Status: in_force

7-3-4211 . Conduct of election. Such election shall be conducted and vote canvassed and result declared in the same manner as provided by law in respect to other city elections.
Mont. Code Ann. § 7-3-113 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-113
7-3-113 Statutory basis for municipal council-mayor government
Status: in_force

7-3-113 . Statutory basis for municipal council-mayor government. (1) For the purpose of determining the statutory basis of existing units of local government, each unit of local government organized under the general statutes authorizing the municipal council-mayor form of government, which does not adopt a new form, shall be governed after May 2, 1977, by the following sections:

(a) 7-3-201 ;

(b) 7-3-202 (1);

(c) 7-3-203 ;

(d) 7-3-212 (2);

(e) 7-3-213 (3);

(f) 7-3-214 (2);

(g) 7-3-215 (2);

(h) 7-3-216 (2);

(i) 7-3-217 (1);

(j) 7-3-218 (2);

(k) 7-3-219 (1);

(l) 7-3-220 (1);

(m) 7-3-221 (3);

(n) 7-3-222 (2);

(o) 7-3-223 (2).

(2) This form has terms of 4 years for all elected officials. The size of the commission shall be established by ordinance, but it may not exceed 20 members.
Mont. Code Ann. § 7-32-2250 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2250
7-32-2250 Liability for escape in civil actions
Status: in_force

7-32-2250 . Liability for escape in civil actions. (1) A detention center administrator who fails to prevent the escape or rescue of a person who was arrested in a civil action and who is in the administrator's custody without the consent or connivance of the party in whose behalf the arrest or imprisonment was made is liable as follows:

(a) When the arrest is upon an order to hold for bail or upon a surrender in exoneration of bail before judgment, the detention center administrator is liable to the plaintiff for the bail.

(b) When the arrest is on an execution or commitment to enforce the payment of money, the detention center administrator is liable for the amount expressed in the execution or commitment.

(c) When the arrest is on an execution or commitment other than to enforce the payment of money, the detention center administrator is liable for the actual damages sustained.

(2) Upon being sued for damages for an escape or rescue of a person in the detention center administrator's custody, the administrator may introduce evidence in mitigation or exculpation.

(3) An action may not be maintained against a detention center administrator for a rescue or for an escape of a person arrested upon an execution or commitment if, after the rescue or escape and before the commencement of the action, the inmate returns to the detention center or is retaken by the administrator.
Mont. Code Ann. § 7-7-2111 — MT Code / Title 7 / Chapter 7 / Part 21 / Section 7-7-2111
7-7-2111 Authorization to issue construction bonds
Status: in_force

7-7-2111 . Authorization to issue construction bonds. The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to issue on the credit of the county coupon bonds to an amount sufficient to secure the necessary funds for the procurement of necessary building sites, for the construction of necessary public buildings, and for the construction of bridges and highways, in accordance with the provisions of the code.
Mont. Code Ann. § 7-3-1304 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1304
7-3-1304 Division of audit and accounts
Status: in_force

7-3-1304 . Division of audit and accounts. There is in the department of finance a division of audit and accounts, of which the director of finance is the head. As head of the office, the director is charged with keeping the books of financial account for all departments and offices of the municipality, and whenever practicable, the books and accounts must be kept in the office of the division of audit and accounts. A report must be made daily to the division of audit and accounts by each department and office, showing the receipt and disposition of all money.
Mont. Code Ann. § 7-14-1125 — MT Code / Title 7 / Chapter 14 / Part 11 / Section 7-14-1125
7-14-1125 Granting of operation and use privileges
Status: in_force

7-14-1125 . Granting of operation and use privileges. (1) In connection with the operation of a transportation, storage, or other facility owned or controlled by an authority, the authority may enter into contracts, leases, and other arrangements for terms not to exceed 30 years with any persons:

(a) granting the privilege of using or improving the port authority facility or any portion or facility thereof or space therein for commercial purposes;

(b) conferring the privilege of supplying goods, commodities, services, or facilities at the port authority facility; and

(c) making available services to be furnished by the authority or its agents at the transportation, storage, or other facility.

(2) In each case the authority may establish the terms and conditions and fix the charges, rentals, or fees for the privileges or services, which must be reasonable and uniform for the same class of privilege or service and must be established with due regard to the property and improvements used and the expenses of operation to the authority.
Mont. Code Ann. § 7-3-4322 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4322
7-3-4322 Meetings of commission
Status: in_force

7-3-4322 . Meetings of commission. (1) At 10 a.m. on the first Monday after January 1 following a general municipal election, the commission shall meet at the usual place for holding the meetings of the legislative body of the municipality, at which time the newly elected commissioners shall assume the duties of their office. Thereafter, the commissioners shall meet at times that may be prescribed by ordinance or resolution, except that in municipalities having less than 5,000 inhabitants, they shall meet regularly at least once and not more than four times per month, and in municipalities having more than 5,000 inhabitants, they shall meet not less than once every 2 weeks.

(2) Absence from five consecutive regular meetings vacates the seat of a member unless the absence is authorized by the commission.

(3) The commissioner acting as mayor, any two members of the commission, or the city manager may call special meetings of the commission with written notice of at least 12 hours to each member of the commission, served personally on each member or left at the member's usual place of residence.
Mont. Code Ann. § 7-12-2175 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2175
7-12-2175 Investment of maintenance, interest, and sinking fund money
Status: in_force

7-12-2175 . Investment of maintenance, interest, and sinking fund money. (1) The governing body of a county in which a special improvement district or maintenance district is located may invest maintenance, interest, and sinking fund money of the district in time deposits of a bank, savings and loan association, or credit union insured by the federal deposit insurance corporation or by the national credit union administration or invested in direct obligations of the United States government.

(2) Interest collected on the deposits or investments must be credited to the fund from which the money was withdrawn.
Mont. Code Ann. § 7-14-4109 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4109
7-14-4109 Power to order certain improvements without creation of special improvement district
Status: in_force

7-14-4109 . Power to order certain improvements without creation of special improvement district. (1) Without the formation of a special improvement district, the city council may order sidewalks, curbs, or gutters constructed in front of any lot or parcel of land and may order alley approaches constructed or replaced adjacent to any lot or parcel of land.

(2) Whenever the council orders a sidewalk, curb, or gutter constructed or an alley approach constructed or replaced, the order must be entered upon the minutes of the council and must name the street along which the sidewalk, curb, or gutter is to be constructed or along which the alley approach is to be constructed or replaced.

(3) After issuing an order, the council shall provide a written notice to the owner or agent of the owner and to any purchaser under contract for deed of the property or the owners or agents of all adjacent owners having access to their properties by the alley approach, as appropriate.

(4) If the owner or agent of the owner of a lot or parcel of land or if the owners or agents of all adjacent owners having access to their property by the alley approach fail or neglect for a period of 30 days after the date of service of the notice to cause the sidewalk, curb, or gutter to be constructed or to cause the alley approaches to be constructed or replaced, the city may construct or cause the sidewalk, curb, or gutter to be constructed or may construct or cause the alley approach to be constructed and shall assess the cost of those improvements, including engineering costs and the costs enumerated in 7-12-4121 and 7-12-4169 , against the property in front of which those improvements are constructed or against the lots or parcels of land having access via the constructed alley approaches. The collection of the assessed costs is provided in 7-12-4181 through 7-12-4191 .

(5) (a) When any sidewalk, curb, or gutter or alley approach is constructed by or under direction of the city council, payment for the construction must be made by special warrants or bonds in a form that is prescribed by ordinance or resolution and drawn against a fund to be known as the special sidewalk, curb, and gutter fund or the special alley approach fund. The council may provide for the payment of interest annually or semiannually. Except as otherwise expressly provided in 7-14-4110 and this section, the warrants or bonds that the city council authorizes may be issued subject to the terms and security provisions provided in Title 7, chapter 12, parts 41 and 42.

(b) The warrants drawn on the special alley approach fund shall bear interest at a rate pursuant to 17-5-102 .
Mont. Code Ann. § 7-6-2103 — MT Code / Title 7 / Chapter 6 / Part 21 / Section 7-6-2103
7-6-2103 Suspension of county treasurer in case of misconduct
Status: in_force

7-6-2103 . Suspension of county treasurer in case of misconduct. Whenever an action based upon official misconduct is commenced against a county treasurer, the board of county commissioners may in its discretion suspend the treasurer from office until the suit is determined and may appoint some person to fill the vacancy.
Mont. Code Ann. § 7-22-2126 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2126
7-22-2126 Embargo
Status: in_force

7-22-2126 . Embargo. (1) The board may establish embargo programs to reduce the spread of noxious weeds within the district or the introduction of noxious weeds into the district.

(2) The board shall establish a special embargo program for the movement of forage, as defined in 80-7-903 , into or out of the county. The board may implement an embargo upon confirmation of a violation, based upon complaint investigations, requests for investigation by the department, or through county investigations, if the forage has not been certified by the state and is being sold as noxious weed seed free, as defined in 80-7-903 .

(3) A person in possession of the forage that is not in compliance with Title 80, chapter 7, part 9, may not transport or dispose of the forage as noxious weed seed free that is subject to embargo until written permission is obtained from the board. If the forage that is subject to embargo meets the requirements of the state certification program and the department verifies compliance with the program, the board shall release the embargo. The forage may also be released if the board:

(a) verifies the guaranteed delivery back to the original producer, as defined in 80-7-903 ;

(b) approves burning or disposal of the forage; or

(c) approves other alternatives.

(4) The board shall report all embargoes issued and the final resolution of an embargo imposed pursuant to a violation of Title 80, chapter 7, part 9, to the department within 48 hours.

(5) The person in possession of forage subject to embargo shall comply with the conditions approved by the board within 30 days. If resolution is not accomplished, the board may condemn the forage and implement through its employees the conditions in this section. If the board proceeds with correction of these conditions after 30 days, all actual expenses incurred and documented by the board are payable by the producer unless the person in possession of the forage also has an interest in the forage.
Mont. Code Ann. § 7-7-2102 — MT Code / Title 7 / Chapter 7 / Part 21 / Section 7-7-2102
7-7-2102 Effect of exceeding limits on indebtedness
Status: in_force

7-7-2102 . Effect of exceeding limits on indebtedness. All bonds or obligations in excess of such amount given by or on behalf of the county are void.
Mont. Code Ann. § 7-15-4215 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4215
7-15-4215 Notice of hearing on urban renewal plan
Status: in_force

7-15-4215 . Notice of hearing on urban renewal plan. (1) The notice required by 7-15-4214 (1) must be given by publication as provided in 7-1-4127 and by mailing a notice of the hearing, not less than 10 days prior to the date of the hearing, to the persons whose names appear on the county treasurer's tax records as the owners, reputed owners, or purchasers under contracts for deed of the property, at the address shown on the tax record.

(2) The notice must:

(a) describe the time, date, place, and purpose of the hearing;

(b) specify the proposed boundary of the urban renewal area affected;

(c) outline the general scope of the urban renewal plan under consideration;

(d) specify the goals the municipality has in the rehabilitation and renewal of the area; and

(e) indicate the method of financing the urban renewal area and whether the municipality intends to use tax increment financing and bonds to be paid from tax increment financing.
Mont. Code Ann. § 7-5-2301 — MT Code / Title 7 / Chapter 5 / Part 23 / Section 7-5-2301
7-5-2301 Competitive, advertised bidding required for certain large purchases or construction contracts
Status: in_force

7-5-2301 . Competitive, advertised bidding required for certain large purchases or construction contracts. (1) Except as provided in 7-5-2304 and Title 18, chapter 2, part 5, a contract for the purchase of any vehicle, road machinery or other machinery, apparatus, appliances, equipment, or materials or supplies or for construction, repair, or maintenance in excess of $80,000 may not be entered into by a county governing body without first publishing a notice calling for bids.

(2) The notice must be published as provided in 7-1-2121 .

(3) Subject to 7-5-2309 and subsection (4) of this section and except as provided in Title 18, chapter 2, part 5, each contract subject to bidding must be let to the lowest responsible bidder.

(4) A contract may not be issued in violation of 7-5-2311 regarding a conflict of interest.
Mont. Code Ann. § 7-34-2157 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2157
7-34-2157 Hearing on petition for withdrawal -- notice
Status: in_force

7-34-2157 . Hearing on petition for withdrawal -- notice. (1) The board of county commissioners shall, upon the filing of such a petition, fix a time for the hearing of such withdrawal petition, which time shall not be more than 4 weeks after the receipt thereof.

(2) Any interested person may appear at said hearing and present objections to the withdrawal of said portion from said district.

(3) The board shall publish a notice of such hearing as provided in 7-1-2121 .
Mont. Code Ann. § 7-8-2521 — MT Code / Title 7 / Chapter 8 / Part 25 / Section 7-8-2521
7-8-2521 Authorization to sell real property -- resolution required -- contents of resolution -- hearing required
Status: in_force

7-8-2521 . Authorization to sell real property -- resolution required -- contents of resolution -- hearing required. (1) The board shall, after holding a public hearing noticed as provided in 7-1-2121 , adopt a resolution providing for sale and disposition of county real property. The resolution must include:

(a) approved locations for sales, including whether sales may be conducted by use of an internet website or other online location;

(b) a requirement that all sale locations be accessible to the public;

(c) types of sales for which public auction is required;

(d) who may conduct a sale or auction;

(e) procedures for issuing permits, leases, or licenses, including:

(i) the terms, conditions, and processes for issuance of permits, leases, and licenses;

(ii) authorization to enter into agreements with entities to which permits, leases, or licenses may be issued;

(iii) a prohibition on a lease being made for an amount less than the amount that would have been collected if taxes on the real property had been levied; and

(iv) the process for authorizing a lessee to place improvements on the property;

(f) how sales will be noticed if the board intends to provide notice in addition to notice by publication as required in 7-1-2121 ;

(g) how property retained by the county will be administered and maintained; and

(h) any other provision that the board considers to be necessary for the disposition of property in a manner that is in the best interests of the county and its citizens.

(2) In adopting the resolution, consideration must be given to multiple-use management.

(3) Provisions in the resolution regarding exchanges or donations of real property must be in compliance with 7-8-2522 .
Mont. Code Ann. § 7-15-4237 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4237
7-15-4237 Annual report
Status: in_force

7-15-4237 . Annual report. (1) An agency authorized to transact business and exercise powers under part 43 and this part shall file with the local governing body, on or before September 30 of each year, a report of its activities for the preceding fiscal year. A copy of the annual report must be made available upon request to the county and school districts that include municipal territory.

(2) The report must include a complete financial statement setting forth its assets, liabilities, income, and operating expenses and the amount of the tax increment as of the end of the fiscal year. The report must describe the expenditures of tax increment in the preceding fiscal year and how the expenditures comply with the approved urban renewal plan or comprehensive development plan for the district.

(3) At the time of filing the report, the agency shall publish in a newspaper of general circulation in the community a notice to the effect that the report has been filed with the municipality and that the report is available for inspection during business hours in the office of the city clerk and in the office of the agency.
Mont. Code Ann. § 7-14-4501 — MT Code / Title 7 / Chapter 14 / Part 45 / Section 7-14-4501
7-14-4501 Acquisition, construction, and maintenance of parking areas
Status: in_force

7-14-4501 . Acquisition, construction, and maintenance of parking areas. A city or town council may:

(1) acquire by lease, gift, purchase, or condemnation pursuant to Title 70, chapter 30, lots or lands for use as parking areas for motor vehicles;

(2) construct and maintain on the acquired land or on any premises owned or under lease by the city or town suitable parking facilities for the use of the public and for general traffic control; and

(3) charge for the use of parking facilities.
Mont. Code Ann. § 7-4-2405 — MT Code / Title 7 / Chapter 4 / Part 24 / Section 7-4-2405
7-4-2405 Appointment of deputies in certain counties
Status: in_force

7-4-2405 . Appointment of deputies in certain counties. (1) A deputy county officer or deputy designated by a county officer may not be appointed in a county having a taxable valuation of less than $5 million and a population of less than 2,000 unless the appointment, term of service, and compensation is authorized by the board of county commissioners.

(2) The board may not approve any compensation in payment for services of a person appointed by or acting under an elected or appointed officer of the county if the person's appointment has not been authorized by the board as provided in this section.
Mont. Code Ann. § 7-14-2122 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2122
7-14-2122 County road supervisor
Status: in_force

7-14-2122 . County road supervisor. (1) Each board of county commissioners may in its discretion employ a competent road supervisor, who shall serve at the pleasure of the board. In a county in which the county surveyor is not paid an annual salary, the surveyor may by agreement be employed by the board to perform the services of road supervisor. The surveyor may not be paid for any duty otherwise required by law to be performed as county surveyor.

(2) Under the direction and control of the board, the road supervisor shall:

(a) prescribe the times and places for all work to be done on the county roads;

(b) report any delinquency or inefficiency of a person employed on a road;

(c) perform other duties that are prescribed by the board.
Mont. Code Ann. § 7-3-203 — MT Code / Title 7 / Chapter 3 / Part 2 / Section 7-3-203
7-3-203 Duties of executive
Status: in_force

7-3-203 . Duties of executive. The executive shall:

(1) enforce laws, ordinances, and resolutions;

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

(3) administer affairs of the local government;

(4) carry out policies established by the commission;

(5) recommend measures to the commission;

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

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

(8) report to the commission as the commission may require;

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

(10) execute the budget adopted by the commission; and

(11) appoint, with the consent of the commission, all members of boards, except the executive may appoint without the consent of the commission temporary advisory committees established by the executive.
Mont. Code Ann. § 7-6-1116 — MT Code / Title 7 / Chapter 6 / Part 11 / Section 7-6-1116
7-6-1116 Authority cumulative
Status: in_force

7-6-1116 . Authority cumulative. The authority granted by this part is in addition and supplemental to any other authority granted and does not limit any other authority previously granted to any local government.
Mont. Code Ann. § 7-12-1122 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1122
7-12-1122 Organization of board of trustees -- no compensation
Status: in_force

7-12-1122 . Organization of board of trustees -- no compensation. (1) The appointing authority shall designate which member of the board is to be the first presiding officer. When the office of presiding officer of the board becomes vacant, the board shall elect a presiding officer from among its members. The term of office as presiding officer of the board, unless otherwise prescribed by the governing body, must be for 1 calendar year or for that portion of a year remaining after each presiding officer is designated or elected.

(2) Members may not receive compensation.
Mont. Code Ann. § 7-32-4104 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4104
7-32-4104 Additional regulations by city council
Status: in_force

7-32-4104 . Additional regulations by city council. In addition to the provisions herein contained, the city or town council may make any ordinances, not inconsistent with this part or any law of the state, for the government of the police department and for regulating the powers and duties of its officers and members.
Mont. Code Ann. § 7-4-2302 — MT Code / Title 7 / Chapter 4 / Part 23 / Section 7-4-2302
7-4-2302 Petition for consolidation of county offices
Status: in_force

7-4-2302 . Petition for consolidation of county offices. (1) At any time not later than 45 days before the date on which declarations for nomination may first be filed for any county office, a petition in writing may be filed with the board of county commissioners of a county asking for the consolidation of any two or more of said offices by the board of such county.

(2) The petition shall be signed by not less than 15% of the registered electors of such county.
Mont. Code Ann. § 7-13-3039 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3039
7-13-3039 Covenants to use and maintain reserve fund
Status: in_force

7-13-3039 . Covenants to use and maintain reserve fund. (1) In connection with the issuance of district bonds, the governing body may undertake and agree:

(a) to issue orders annually authorizing loans or advances from the reserve fund to the fund maintained for the payment of the bonds in amounts sufficient to make good any deficiency in the bond and interest accounts to the extent that money is available; and

(b) to provide money for the reserve fund pursuant to the provisions of 7-13-3026 and 7-13-3027 by establishing and collecting rates, charges, and rentals for services and benefits in amounts sufficient to provide net revenues in excess of the current costs of operation and maintenance of the system and sufficient to maintain a balance in the reserve fund as the governing body may agree to and undertake.

(2) The undertakings and agreements authorized by subsection (1) are binding upon the local government as long as any bonds or any interest on the bonds remains unpaid.
Mont. Code Ann. § 7-14-4201 — MT Code / Title 7 / Chapter 14 / Part 42 / Section 7-14-4201
7-14-4201 Establishment and alteration of street grade
Status: in_force

7-14-4201 . Establishment and alteration of street grade. (1) The city or town council may establish the grade of any street, alley, or avenue.

(2) When the grade has been established, it may not be changed except by a vote of the majority of the council and not until the damage to property owners caused by the change of grade has been assessed and determined by three disinterested appraisers. The appraisers must be appointed by the mayor and confirmed by the council. The appraisers shall make an appraisal, taking into consideration the benefits, if any, to the property, and shall file their report with the city or town clerk within 10 days after receiving notice of their appointment. The amount of damages assessed must be tendered to the owner or the owner's agent before any change of grade is made.
Mont. Code Ann. § 7-3-612 — MT Code / Title 7 / Chapter 3 / Part 6 / Section 7-3-612
7-3-612 Town meeting moderator
Status: in_force

7-3-612 . Town meeting moderator. The town meeting shall:

(1) elect a town meeting moderator for a term of 1 year, who is the presiding officer of all annual and special town meetings but who does not have other governmental powers; or

(2) designate the town presiding officer as presiding officer of all annual and special town meetings.
Mont. Code Ann. § 7-3-315 — MT Code / Title 7 / Chapter 3 / Part 3 / Section 7-3-315
7-3-315 Presiding officer of commission
Status: in_force

7-3-315 . Presiding officer of commission. The presiding officer of the commission must be:

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

(2) elected by the qualified electors for a term of office; or

(3) selected as provided by ordinance.
Mont. Code Ann. § 7-32-304 — MT Code / Title 7 / Chapter 32 / Part 3 / Section 7-32-304
7-32-304 Exception for organizing posse
Status: in_force

7-32-304 . Exception for organizing posse. The provisions of this part shall not apply in cases of the officers listed in 7-32-301 summoning a posse forthwith to quell public disturbance or domestic violence.
Mont. Code Ann. § 7-34-101 — MT Code / Title 7 / Chapter 34 / Part 1 / Section 7-34-101
7-34-101 Ambulance services authorized
Status: in_force

7-34-101 . Ambulance services authorized. A county, city, or town, acting through its governing body, may establish and maintain an ambulance service for such county, city, or town. Any county, city, or town may contract with any county, city, or town to establish and maintain a joint ambulance service and to share the costs, such costs to be apportioned according to the benefits to accrue, with the proportion to be paid by each to be fixed in advance by joint resolution by the respective governing bodies, if the governing body has received a petition signed by 15% of the electors registered to vote in the county, city, or town at the last preceding general election or in each of the counties, cities, or towns wherein a joint ambulance service is being established.
Mont. Code Ann. § 7-12-4119 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4119
7-12-4119 Appointment of person to serve as city engineer
Status: in_force

7-12-4119 . Appointment of person to serve as city engineer. In all those cities where there is no city engineer, the city council is hereby authorized and empowered to appoint a suitable person to discharge the duties laid down as those of the city engineer in this part, and all provisions of this part applicable to the city engineer shall apply to such person so appointed.
Mont. Code Ann. § 7-14-2617 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2617
7-14-2617 Discontinuance of street not to affect utility easements
Status: in_force

7-14-2617 . Discontinuance of street not to affect utility easements. The vacation authorized by 7-14-2616 shall not affect the right of any public utility to continue to maintain its plant and equipment in any such street or alley.
Mont. Code Ann. § 7-12-2116 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2116
7-12-2116 County surveyor as improvement district engineer
Status: in_force

7-12-2116 . County surveyor as improvement district engineer. The county surveyor may be the engineer, as defined in 7-12-2101 (6), for a rural improvement district.
Mont. Code Ann. § 7-7-4101 — MT Code / Title 7 / Chapter 7 / Part 41 / Section 7-7-4101
7-7-4101 Purposes for which indebtedness may be incurred
Status: in_force

7-7-4101 . Purposes for which indebtedness may be incurred. The city or town council has power to contract an indebtedness on behalf of a city or town, upon the credit of the city or town, by borrowing money, issuing bonds, issuing notes, entering into leases, entering into lease-purchase agreements, or entering into installment purchase contracts for the following purposes:

(1) acquiring land for and designing and erecting public buildings;

(2) acquiring land for and designing and constructing sewers, sewage treatment and disposal plants, waterworks, reservoirs, reservoir sites, and lighting plants;

(3) supplying the city or town with water by contract and the construction or purchase of canals or ditches and water rights for supplying the city or town with water;

(4) designing and constructing bridges, docks, wharves, breakwaters, piers, jetties, and moles;

(5) acquiring, opening, or widening any street and improving the street by constructing, reconstructing, and repairing pavement, gutters, curbs, and vehicle parking strips and to pay all or any portion of the cost relating to the project;

(6) purchasing or leasing fire apparatus, street and other equipment, and personal property, including without limitation, vehicles, telephone systems, and photocopy and office equipment, including computer hardware and software;

(7) building, purchasing, designing, constructing, and maintaining devices intended to protect the safety of the public from open ditches carrying irrigation or other water;

(8) funding outstanding warrants and maturing bonds; and

(9) repaying tax protests lost by the city, town, or other municipal corporation.
Mont. Code Ann. § 7-6-4401 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4401
7-6-4401 General taxing power of municipalities
Status: in_force

7-6-4401 . General taxing power of municipalities. Subject to 15-10-420 , the city or town council may levy and collect taxes for general and special public or governmental purposes on all property within the city or town subject to taxation under the laws of the state.
Mont. Code Ann. § 7-2-2402 — MT Code / Title 7 / Chapter 2 / Part 24 / Section 7-2-2402
7-2-2402 Transcription of records
Status: in_force

7-2-2402 . Transcription of records. (1) Any county or counties of Montana that shall be formed from portions of another county shall be entitled to have the county records affecting or relating to any and all property situated in the segregated county transcribed from the books of the original county and made a part of the records of the segregated county.

(2) Except as provided in 7-2-2401 , it shall be the duty of the county commissioners of any county formed from part of another county to have so much of the records of the original county as relates to the property situated within the segregated county transcribed, as hereinafter provided.
Mont. Code Ann. § 7-15-4201 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4201
7-15-4201 Short title
Status: in_force

7-15-4201 . Short title. This part and part 43 shall be known and may be cited as the "Urban Renewal Law".
Mont. Code Ann. § 7-3-4414 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4414
7-3-4414 Investigatory powers of civil service board
Status: in_force

7-3-4414 . Investigatory powers of civil service board. In any investigation conducted by the board, it shall have the power to subpoena and require the attendance of witnesses and the production thereby of books and papers pertinent to the investigation and to administer oaths to such witnesses.
Mont. Code Ann. § 7-3-105 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-105
7-3-105 Plan of government
Status: in_force

7-3-105 . Plan of government. The approved plan filed with the secretary of state pursuant to subsection (3)(a) of section 14, Chapter 513, Laws of 1975, shall be the official plan and shall be a public record open to inspection of the public and judicially noticeable by all courts.
Mont. Code Ann. § 7-12-2107 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2107
7-12-2107 Responsibility for posting and publication of notice
Status: in_force

7-12-2107 . Responsibility for posting and publication of notice. (1) Whenever any resolution, order, notice, or determination is required to be published or posted and the duty of posting or procuring the publication or posting of the same is not specifically enjoined upon any officer in the county, it shall be the duty of the county clerk to post or procure the publication or posting thereof, as the case may be.

(2) No proceeding or step herein shall be invalidated or affected by any error or mistake or departure herefrom as to the officer or person posting or procuring the publication or posting of any resolution, notice, order, or determination hereunder when the same is actually published or posted for the time herein required.
Mont. Code Ann. § 7-4-2708 — MT Code / Title 7 / Chapter 4 / Part 27 / Section 7-4-2708
7-4-2708 Contract for services of any other attorney
Status: in_force

7-4-2708 . Contract for services of any other attorney. In any county, the county commissioners may employ any attorney licensed in Montana to perform any legal service in connection with the civil business of the county.
Mont. Code Ann. § 7-1-104 — MT Code / Title 7 / Chapter 1 / Part 1 / Section 7-1-104
7-1-104 Legislative power vested in legislative bodies
Status: in_force

7-1-104 . Legislative power vested in legislative bodies. The powers of a self-government unit, unless otherwise specifically provided, are vested in the local government legislative body and may be exercised only by ordinance or resolution.
Mont. Code Ann. § 7-4-2718 — MT Code / Title 7 / Chapter 4 / Part 27 / Section 7-4-2718
7-4-2718 Referral of complaint
Status: in_force

7-4-2718 . Referral of complaint. If a county attorney receives a complaint concerning official misconduct as provided in 45-7-401 of a local government public officer and the county attorney does not commence an action pursuant to 45-7-401 (3), the county attorney shall refer the complaint and any relevant evidence for the attorney general's review as provided by 2-15-504 within 90 days of the receipt of the complaint.
Mont. Code Ann. § 7-14-2602 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2602
7-14-2602 Contents of petition
Status: in_force

7-14-2602 . Contents of petition. The petition must set forth:

(1) the particular road or roads to be opened, established, constructed, changed, abandoned, or discontinued;

(2) the general route thereof;

(3) the lands and owners affected;

(4) whether the owners who can be found consent thereto;

(5) where consent is not given, the probable cost of the right-of-way;

(6) the necessity for and advantage of the petitioned action.
Mont. Code Ann. § 7-32-4117 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4117
7-32-4117 Group insurance for police officers -- funding
Status: in_force

7-32-4117 . Group insurance for police officers -- funding. (1) Cities of all classes, if they provide insurance for other city employees under Title 2, chapter 18, part 7, shall:

(a) provide the same insurance to their respective police officers;

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

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

(2) Subject to 15-10-420 , the administration of this section is declared a public purpose of a city, which may be paid out of the general fund of the governing body and financed by a levy on the taxable value of all taxable property within the city or town.
Mont. Code Ann. § 7-8-2302 — MT Code / Title 7 / Chapter 8 / Part 23 / Section 7-8-2302
7-8-2302 Notice of disposal of tax-deed lands
Status: in_force

7-8-2302 . Notice of disposal of tax-deed lands. (1) Notice of the sale, donation, or retention of tax-deed lands provided for in 7-8-2301 must be given by publication as provided in 7-1-2121 .

(2) The notice must be signed by the county clerk and must include a list of all lands to be sold, donated, or retained, the fair market value of the lands as determined and fixed by the department of revenue, and the time and place of sale, donation, or retention. If the land is to be sold, the sales price as determined under 7-8-2301 must be stated in the published notice of sale.
Mont. Code Ann. § 7-34-2122 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2122
7-34-2122 Powers of district
Status: in_force

7-34-2122 . Powers of district. A hospital district has all powers necessary and convenient to the acquisition, betterment, operation, maintenance, and administration of hospital facilities that its board of trustees considers necessary and expedient. In addition to the general grant of powers, a hospital district, acting by its board of trustees, may:

(1) employ nursing, administrative, and other personnel, legal counsel, engineers, architects, accountants, and other qualified persons, who may be paid for their services by monthly salaries, hourly wages, and pension benefits or by fees that may be agreed upon;

(2) cause reports, plans, studies, and recommendations to be prepared;

(3) lease, purchase, and contract for the purchase of real and personal property by option, contract for deed, or otherwise and acquire real or personal property by gift;

(4) lease or construct, equip, furnish, and maintain necessary buildings and grounds;

(5) adopt, by resolution, rules for the operation and administration of hospital facilities under its control and for the admission of persons to the facilities;

(6) impose by resolution and collect charges for all services and facilities provided and made available by it;

(7) subject to 15-10-420 , levy taxes as prescribed in this part;

(8) borrow money by the issuance of its bonds as prescribed in this part;

(9) borrow money by the issuance of notes;

(10) procure insurance against liability of the district or its officers and employees, or both, for torts committed within the scope of their official duties, whether governmental or proprietary, and against damage to or destruction of any of its facilities, equipment, or other property;

(11) sell or lease any of its facilities or equipment as may be considered expedient;

(12) cause audits to be made of its accounts, books, vouchers, and funds by competent public accountants; and

(13) provide educational benefits to qualified individuals, including the payment of tuition, room and board, educational materials, and stipends and the repayment of student loans in return for an agreement by those persons to provide services to the district.
Mont. Code Ann. § 7-32-221 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-221
7-32-221 Termination of reserve officers
Status: in_force

7-32-221 . Termination of reserve officers. Reserve officers serve at the pleasure of the chief law enforcement administrator and may be terminated at any time by the chief law enforcement administrator by written notification without any cause.
Mont. Code Ann. § 7-7-2203 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2203
7-7-2203 Limitation on amount of bonded indebtedness
Status: in_force

7-7-2203 . Limitation on amount of bonded indebtedness. (1) Except as provided in subsection (2), a county may not issue general obligation bonds for any purpose in an amount that, with all outstanding bonds and warrants except emergency bonds, exceeds the debt limitation referred to in 7-7-2101 .

(2) The limitation in subsection (1) does not apply to refunding bonds issued for the purpose of paying or retiring county bonds lawfully issued prior to January 1, 1932, or to bonds issued for the repayment of tax protests lost by the county.
Mont. Code Ann. § 7-34-2137 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2137
7-34-2137 Collection of taxes and disposition of funds
Status: in_force

7-34-2137 . Collection of taxes and disposition of funds. (1) The procedures for the collection of the tax shall be in accordance with the existing laws of Montana.

(2) The funds collected under the tax levy shall be held by the county treasurer, who shall be, ex officio, the treasurer for the hospital district, and such treasurer shall keep a detailed account of all tax money paid into the fund, of all other money from any source received by the district, and of all payments and disbursements from the fund. Funds shall be paid out on warrants issued by direction of the board of trustees, signed by the majority of its membership.
Mont. Code Ann. § 7-3-175 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-175
7-3-175 Ballot form and question
Status: in_force

7-3-175 . Ballot form and question. The question of conducting a local government review and establishing a study commission must be submitted to the electors in substantially the following form:

Vote for one:

☐ FOR the review of the government of (insert name of local government) and the establishment and funding, not to exceed (insert dollar or mill amount), of a local government study commission consisting of (insert number of members) members to examine the government of (insert name of local government) and submit recommendations on the government.

☐ AGAINST the review of the government of (insert name of local government) and the establishment and funding, not to exceed (insert dollar or mill amount), of a local government study commission consisting of (insert number of members) members to examine the government of (insert name of local government) and submit recommendations on the government.
Mont. Code Ann. § 7-14-4733 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4733
7-14-4733 Authority to enter lease agreements
Status: in_force

7-14-4733 . Authority to enter lease agreements. (1) After the formation of a special improvement district pursuant to the provisions of 7-12-4104 and 7-12-4106 as modified in 7-14-4732 and after having acquired jurisdiction to order the improvement pursuant to 7-12-4114 , the governing body may:

(a) in addition to ordering the improvements set forth in 7-14-4731 (1), enter into lease agreements for property within the limits of the assessment district for use as offstreet parking sites, which lease agreements shall be upon such terms and conditions as the governing body may determine and which lease agreements may provide that same may be terminated by either party upon 6 months' prior written notice; and

(b) contract for the operation and maintenance thereof.

(2) The governing body may enter into such lease agreements and contract for the operation and maintenance of such offstreet parking sites without the publication of notice and invitation for bids.
Mont. Code Ann. § 7-15-4251 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4251
7-15-4251 General powers of municipalities in connection with urban renewal
Status: in_force

7-15-4251 . General powers of municipalities in connection with urban renewal. Every municipality shall have all the power necessary or convenient:

(1) to carry out and effectuate the purposes and provisions of this part and part 43;

(2) to undertake and carry out urban renewal projects within the municipality, to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this part and part 43, and to disseminate blight clearance and urban renewal information;

(3) to organize, coordinate, and direct, within the municipality, the administration of the provisions of this part and part 43 as they apply to such municipality in order that the objective of remedying blighted areas and preventing the causes thereof within such municipality may be most effectively promoted and achieved and to establish such new office or offices of the municipality or to reorganize existing offices in order to carry out such purpose most effectively;

(4) to exercise all or any part or combination of powers granted in this part or part 43.
Mont. Code Ann. § 7-15-4216 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4216
7-15-4216 Requirements for approval of urban renewal plans and projects
Status: in_force

7-15-4216 . Requirements for approval of urban renewal plans and projects. (1) The local governing body shall not approve an urban renewal plan until a comprehensive plan or parts of such plan for an area which would include an urban renewal area for the municipality have been prepared.

(2) A municipality shall not approve an urban renewal project for an urban renewal area unless the local governing body has by resolution determined such area to be a blighted area and designated such area as appropriate for an urban renewal project.

(3) An urban renewal plan adopted after July 1, 1979, must be approved by ordinance.

(4) All urban renewal plans approved by resolution prior to May 8, 1979, are hereby validated.
Mont. Code Ann. § 7-16-2107 — MT Code / Title 7 / Chapter 16 / Part 21 / Section 7-16-2107
7-16-2107 Expenditures for county parks
Status: in_force

7-16-2107 . Expenditures for county parks. Except as otherwise provided by law, there are no restrictions on expenditures for the purpose of acquiring, maintaining, and equipping county parks.
Mont. Code Ann. § 7-6-107 — MT Code / Title 7 / Chapter 6 / Part 1 / Section 7-6-107
7-6-107 Procedure for subdivisions other than county to deal directly with United States
Status: in_force

7-6-107 . Procedure for subdivisions other than county to deal directly with United States. (1) If the United States declines to deal with a board with respect to any political subdivision whose jurisdictional limits are within or coextensive with the limits of the county or in the event the jurisdictional limits of a political subdivision lie in more than one county, that subdivision is hereby:

(a) authorized to make request of the United States for payments of such sums in lieu of taxes as the United States may agree to pay; and

(b) empowered to enter into agreements with the United States for the performance by the subdivision of services for the benefit of a project and for the payment by the United States to the subdivision, in one or more installments, of such sums in lieu of taxes.

(2) The amount of such payment may be based upon the cost of performing such services during the period of the agreement, after taking into consideration the benefits to be derived by the subdivision from the project, but shall not be in excess of the taxes which would result to the political subdivision for the period if the real property of the project within the political subdivision were taxable. Whenever any payment is received by a subdivision under an agreement entered into pursuant to this section, the governing body of such subdivision shall issue a receipt for such payment.
Mont. Code Ann. § 7-12-4149 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4149
7-12-4149 Procedure if successful bidder does not enter into contract
Status: in_force

7-12-4149 . Procedure if successful bidder does not enter into contract. (1) If the original bidder neglects, fails, or refuses for 15 days after the notice of award to enter into the contract, then the city council, without further proceedings, shall again advertise for proposals or bids as in the first instance and award the contract for said work to the then-lowest regular bidder.

(2) Should no bids be received in response to the call for proposals, the council may again advertise for bids under the same proceedings at any time within 6 months from the time set for the last reception of bids and let the contract to the then-lowest bidder. Such delay shall in no way affect the validity of any of the proceedings or assessments levied thereunder.
Mont. Code Ann. § 7-2-4802 — MT Code / Title 7 / Chapter 2 / Part 48 / Section 7-2-4802
7-2-4802 Exclusion of land from municipalities
Status: in_force

7-2-4802 . Exclusion of land from municipalities. The boundaries of any incorporated city or town of this state may be altered and a portion of the territory thereof excluded therefrom, and the councils of such cities and towns are hereby granted power to enact resolutions for that purpose after proceedings had as required in this part.
Mont. Code Ann. § 7-14-4734 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4734
7-14-4734 Expense estimate -- assessments and tax levy
Status: in_force

7-14-4734 . Expense estimate -- assessments and tax levy. (1) The governing body shall:

(a) make annual statements and estimates of the expenses of the district that are provided for by the levy and collection of ad valorem taxes upon the assessed value of all the real and personal property in the district;

(b) publish notice of the estimates; and

(c) have hearings and adopt an ordinance on the estimates at the times and in the manner provided for incorporated cities and towns by the applicable portions of 7-12-4175 .

(2) Subject to 15-10-420 , the governing body, on or before the second Monday in August of each year, shall fix, levy, and assess the amount to be raised by ad valorem taxes upon all of the property of the district. All statutes providing for the levy and collection of state and county taxes, including the collection of delinquent taxes and sale of property for nonpayment of taxes, are applicable to the district taxes provided for under this section.
Mont. Code Ann. § 7-32-2145 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2145
7-32-2145 Mileage and expenses of sheriff for return of fugitives
Status: in_force

7-32-2145 . Mileage and expenses of sheriff for return of fugitives. For trips made for the return of fugitives apprehended and arrested outside the county, the sheriff shall receive the actual necessary expenses incurred in going for and returning with such fugitive. In determining the actual expense if travel is by a privately owned vehicle, the mileage rate shall be allowed as provided in 7-32-2143 .
Mont. Code Ann. § 7-2-2226 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2226
7-2-2226 Term of office for initial officers of new county
Status: in_force

7-2-2226 . Term of office for initial officers of new county. All the officers elected at said election or appointed under this part shall hold their offices until the time provided by general law for the election and qualification of such officers in this state and until their successors are elected and qualified. For the purpose of determining the term of office of such officers, the years said officers are to hold office are to be computed from and including the first Monday after January 1 following the preceding general election.
Mont. Code Ann. § 7-35-2144 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2144
7-35-2144 Vesting of funds in trustees
Status: in_force

7-35-2144 . Vesting of funds in trustees. Upon the election, appointment, and qualification, as provided in this part, of the trustees of the fund, all of the title to the funds included in the trust and all of the rights, powers, authorities, franchises, and trusts pertaining to the trust vest in the trustees. In case of the failure of any of those chosen and appointed to qualify within 30 days after their appointment, then the rights, powers, authorities, franchises, and trusts vest in those who qualify.
Mont. Code Ann. § 7-7-4258 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4258
7-7-4258 Copy of bond to be kept by city treasurer
Status: in_force

7-7-4258 . Copy of bond to be kept by city treasurer. The city or town clerk shall also deliver to the city treasurer an unsigned and canceled printed copy of one of the bonds, as issued and registered, to be preserved in the treasurer's office.
Mont. Code Ann. § 7-6-1534 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1534
7-6-1534 Resort area district -- notice of petition -- hearing required
Status: in_force

7-6-1534 . Resort area district -- notice of petition -- hearing required. (1) The board of county commissioners shall publish the text of the petition described in 7-6-1533 , as provided in 7-1-2121 , in each county in which the proposed resort area district lies and shall publish the date, time, and place that a public hearing on the petition will be held.

(2) In addition to the requirements of subsection (1), the board of county commissioners shall publish the text of the petition described in 7-6-1533 in a newspaper of general circulation in the county within which the proposed resort area district lies.

(3) A person wishing to comment on the creation of the proposed resort area district may file, by first-class mail or otherwise, comments with the clerk and recorder of the county in which the proposed resort area district lies.

(4) If the resort area lies within two or more counties, the provisions of this section apply to each county.
Mont. Code Ann. § 7-13-3024 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3024
7-13-3024 Assessments and other charges as lien
Status: in_force

7-13-3024 . Assessments and other charges as lien. A special assessment made and levied to defray the cost and expenses of the work for the system, together with any percentages imposed for delinquency and for cost of collection, is a lien upon the property upon which the assessment is made and levied, from and after the date of the passage of the resolution levying the assessment. The lien may only be extinguished by payment of the assessment, with all penalties, costs, and interest.
Mont. Code Ann. § 7-6-4015 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4015
7-6-4015 Payments for judgments
Status: in_force

7-6-4015 . Payments for judgments. (1) Judgments against a local government that are not covered by insurance may be paid:

(a) from the general fund; or

(b) from the fund or funds supporting the local government operation that incurred the judgment.

(2) Judgments that are to be paid from the general fund:

(a) must be paid in the current fiscal year if there is sufficient money in the general fund to pay both the judgment and the general fund appropriations for the current fiscal year; or

(b) must be paid from additional tax levies made in each of the next 3 years if general fund money is insufficient to pay the judgment in the current fiscal year.
Mont. Code Ann. § 7-12-4321 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4321
7-12-4321 Apportionment of costs
Status: in_force

7-12-4321 . Apportionment of costs. The portion of the entire cost of erecting and maintaining the posts, wires, pipes, conduits, lamps, and other suitable or necessary appliances for the purpose of lighting said streets or public highways and of the annual cost of supplying electrical current for and maintaining the lights thereon in such districts, all or any portion as shall be determined by the city or town council, shall be borne by the property embraced within said district.
Mont. Code Ann. § 7-2-2721 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2721
7-2-2721 Disposition of townships
Status: in_force

7-2-2721 . Disposition of townships. The townships of a county abandoned and abolished under this part shall be townships of the county to which the territory within such townships is attached until such time as they may be changed by the board of county commissioners of such county. If a township of such abandoned county is divided and a part attached to one and a part attached to another adjoining county, then the board of county commissioners of the county to which attached, until further order of such board, shall attach such territory to an adjoining township within such county.
Mont. Code Ann. § 7-2-4741 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4741
7-2-4741 Right to court review when area annexed
Status: in_force

7-2-4741 . Right to court review when area annexed. (1) Within 30 days following the passage of an annexation ordinance under authority of this part, a petition seeking review of the annexation procedures of the governing body of the municipality may be filed in the district court in which the municipality is located by:

(a) either a majority of the real property owners of the area to be annexed or the owners of more than 75% in assessed valuation of the real estate in the area who believe that they will suffer material injury by reason of the failure of the municipal governing body to comply with the procedures set forth in this part or to meet the requirements set forth in 7-2-4734 and 7-2-4735 , as applied to their property; and

(b) the county from which the land is being annexed.

(2) If two or more petitions for review are submitted to the court, the court may consolidate the petitions for review at a single hearing.
Mont. Code Ann. § 7-13-144 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-144
7-13-144 Resolution to establish service charges -- hearing -- limitations and tax levy
Status: in_force

7-13-144 . Resolution to establish service charges -- hearing -- limitations and tax levy. The board of county commissioners may, subject to the provisions of Title 69, chapter 7, by resolution and after public hearing:

(1) fix and establish the sewer rates, charges, and rentals at amounts sufficient in each year to provide income and revenue adequate for the payment of the reasonable expense of operation and maintenance of the system;

(2) fix and establish an additional charge for the operation and maintenance of a sanitary and storm sewer system and of a sewage treatment plant; and

(3) subject to 15-10-420 , levy and assess a tax upon the taxable valuation of each and every lot or parcel of land and improvements on the parcel or lot in the district in order to provide sufficient revenue for the reserve fund in an amount necessary to meet the financial requirements of the fund as described in 7-13-151 through 7-13-156 .
Mont. Code Ann. § 7-11-1029 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1029
7-11-1029 Dissolution of special district
Status: in_force

7-11-1029 . Dissolution of special district. (1) A special district may be dissolved if it is considered to be in the best interest of a local government or the inhabitants of the local government or if the purpose for creating the special district has been fulfilled and the special district is not needed in perpetuity.

(2) The governing body may pass a resolution of intention to dissolve a special district upon its own request or upon request of the separate board administering the special district.

(3) After the passage of the resolution provided for in subsection (2), the clerk of the local government that established the special district shall publish a notice, as provided in 7-1-2121 or 7-1-4127 , of the intention to dissolve the district.

(4) (a) The notice must specify the boundaries of the special district to be dissolved, the date of the passage of the resolution of intention to dissolve, the date set for the passage of the resolution of dissolution, and that the resolution will be passed unless the clerk of the local government receives written protest in advance from the owners of property in the district who are assessed for:

(i) 50% or more of the cost of the program or improvements; or

(ii) more than 10% but less than 50% of the cost of the program or improvements.

(b) If the governing body receives the protest as provided in subsection (4)(a)(i), further dissolution proceedings may not be taken by the governing body for at least 12 months.

(c) If the governing body receives the protest as provided in subsection (4)(a)(ii), the governing body shall order a referendum on the dissolution in accordance with 7-11-1011 .

(d) In determining whether or not sufficient protests have been filed, property owned by a governmental entity must be considered the same as any other property in the district.

(e) The decision of the governing body is final and conclusive.

(5) If the special district is dissolved, the clerk of the local government shall immediately send written notice to:

(a) the secretary of state; and

(b) the department of revenue, providing the same information required in 7-11-1014 when a district is created. The department of revenue and the state library shall respond to the dissolution in the same manner as they respond to the creation of a district, as described in 7-11-1014 .

(6) The dissolution of a special district may not relieve the property owners from the assessment and payment of a sufficient amount to liquidate all charges existing against the special district prior to the date of dissolution.

(7) Any assets remaining after all debts and obligations of the special district have been paid, discharged, or irrevocably settled must be:

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

(b) in the case of multiple local governments, divided in accordance with their interlocal agreement and deposited in the general fund of each local government; or

(c) transferred to a new special district that has been created to provide substantially the same service as provided by the dissolved special district.

(8) If the remaining assets are derived from private grants or gifts that restrict the use of those funds, the funds must be returned to the grantor or donor.
Mont. Code Ann. § 7-15-2124 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2124
7-15-2124 Definition of term farmers of low income
Status: in_force

7-15-2124 . Definition of term farmers of low income. "Farmers of low income" shall mean persons or families who, at the time of their admission to occupancy in a dwelling of the authority:

(1) live under unsafe or unsanitary housing conditions;

(2) derive their principal income from operating or working upon a farm; and

(3) had an aggregate average annual net income for the 3 years preceding their admission that was less than the amount determined by the authority to be necessary, within its area of operation, to enable them, without financial assistance, to obtain decent, safe, and sanitary housing without overcrowding.
Mont. Code Ann. § 7-12-1121 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1121
7-12-1121 Board of trustees -- appointment -- number -- term of office
Status: in_force

7-12-1121 . Board of trustees -- appointment -- number -- term of office. (1) When the governing body of a local government adopts an ordinance creating a business improvement district, the appointing authority, with the approval of the governing body, shall appoint not less than five or more than seven owners of property within the district or their assignees to compose the board of trustees of the district. The director for a business improvement district created for the purpose of 7-12-1102 (4) must be the executive director of a nonprofit convention and visitors bureau, as defined in 15-65-101 , if a nonprofit convention and visitors bureau is operating within the governing body's jurisdiction.

(2) The number of members of the board, once established, may be changed within these limits from time to time by subsequent resolutions of the governing body of the local government. A resolution to reduce board membership may not require resignation of any member prior to completion of the member's appointed term.

(3) Three of the members who are first appointed must be designated to serve for terms of 1, 2, and 3 years, respectively, from the date of their appointments, and two must be designated to serve for terms of 4 years from the date of their appointments. For a seven-member commission, there must be two additional appointments for terms of 2 years and 3 years, respectively.

(4) After initial appointment, members must be appointed for a term of office of 4 years, except that a vacancy occurring during a term must be filled for the unexpired term. A member holds office until a successor has been appointed and qualified.
Mont. Code Ann. § 7-11-107 — MT Code / Title 7 / Chapter 11 / Part 1 / Section 7-11-107
7-11-107 Filing of interlocal agreement
Status: in_force

7-11-107 . Filing of interlocal agreement. The interlocal contract made pursuant to this part must be filed with:

(1) the county clerk and recorder of the county or counties where the political agencies are situated; and

(2) the secretary of state.
Mont. Code Ann. § 7-6-4022 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4022
7-6-4022 District court budgets
Status: in_force

7-6-4022 . District court budgets. (1) The district court must be provided with copies of the preliminary district court fund budget as soon as the preliminary county budget is prepared pursuant to 7-6-4020 .

(2) The district court may recommend changes to any part of the district court fund budget that the court considers to be necessary for it to discharge its obligations under the law. Any recommendations must be made at the hearing on the preliminary budget held pursuant to 7-6-4024 .

(3) The district court fund may be used only for district court operations and expenses.
Mont. Code Ann. § 7-6-4421 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4421
7-6-4421 Authorization for tax levy and collection by municipality
Status: in_force

7-6-4421 . Authorization for tax levy and collection by municipality. (1) Subject to 15-10-420 , the council has power to annually levy and collect taxes on all the property in the city or town taxable for state and county public or governmental purposes and may by ordinance provide for the levy and collection of the taxes.

(2) Until the passage of the ordinance, the levy and collection of municipal taxes are and the proceedings for those purposes must be as provided in this part.
Mont. Code Ann. § 7-3-4201 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4201
7-3-4201 Definitions
Status: in_force

7-3-4201 . Definitions. In the construction of this part, the following rules must be observed unless that construction would be inconsistent with the manifest intent or repugnant to the context of the statute:

(1) The words "council member" or "city council member" must be construed to mean "council member" when applied to cities under this part.

(2) The word "electors" must be construed to mean persons qualified to vote for elective offices at regular municipal elections.

(3) The words "franchise" and "right" include every special privilege in the streets, highways, and public places of the city, whether granted by the state or the city, that does not belong to citizens generally by common right.

(4) When an office or officer is named in any law referred to in this part, it must, when applied to cities under this part, be construed to mean the office or officer having the same function or duties under the provisions of this part or under ordinances passed under authority of this part.
Mont. Code Ann. § 7-12-4167 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4167
7-12-4167 Provision for grading street by owner of abutting property
Status: in_force

7-12-4167 . Provision for grading street by owner of abutting property. (1) The owner or owners of the lots or land fronting upon a street, the width and grade of which have been established by the city council or commission, may, after obtaining permission from the city council or commission, perform, at the owner's expense, any grading upon the street, to its full width or to the centerline of the street and to its established grade. The owner may procure, at the owner's expense, a certificate from the city engineer setting forth the number of cubic yards of cutting and filling made by each owner in the grading and proportions performed by each owner and certifying that the work is done to establish the width and grade of the street or to the centerline of the street and may file the certificate with the city engineer. The engineer shall record the certificate in a properly indexed book kept for that purpose in the engineer's office.

(2) (a) If the council or commission orders the grading of the street or any portion of the street on which any grading, certified as provided in subsection (1), has been done, the bids and contracts must express the price by the cubic yard for cutting and filling in grading. The owner and the owner's successors in interest are entitled to credit on the assessment upon the owner's lots and lands fronting on the street for the grading of the street to the amount of the cubic yards of cutting and filling set forth in the owner's certificate, at the prices named in the contract for the cutting and filling or, if the grade has been altered, only for so much of the certified work as would be required for grading to the altered grade. The owner is not entitled to credit in excess of the assessments for grading upon the lots and lands owned by the owner and proportionately assessed for the whole of the grading.

(b) The city clerk shall include in the assessment, for the whole of the grading upon the same grade, the number of cubic yards of cutting and filling set forth in all certificates recorded in the clerk's office, or for the whole of the grading to the altered grade, and so much of the certified work that would be required for grading and shall enter corresponding credits, deducting the credits as payments upon the amounts assessed against the lots and land owned, respectively, by the certified owners and their successors in interest. However, the clerk may not include any grading quantities or credit any sums in excess of the proportionate assessments for the whole of the grading that are made upon lots and lands fronting upon the street and belonging to certified owners or their successors in interest.
Mont. Code Ann. § 7-16-102 — MT Code / Title 7 / Chapter 16 / Part 1 / Section 7-16-102
7-16-102 Use of county lands for public parks and recreational grounds
Status: in_force

7-16-102 . Use of county lands for public parks and recreational grounds. (1) The county commissioners of any county in Montana are hereby authorized to convey to the state of Montana or to any city or town in Montana or to the United States of America any tract of county-owned land, not exceeding 1,280 acres, to be used for the establishment and maintenance of a park or recreational grounds.

(2) The conveyance is subject to the provisions of 7-8-102 .
Mont. Code Ann. § 7-2-4302 — MT Code / Title 7 / Chapter 2 / Part 43 / Section 7-2-4302
7-2-4302 Annexation of contiguous municipalities
Status: in_force

7-2-4302 . Annexation of contiguous municipalities. (1) When a city or town desires to be annexed to a contiguous city or town, the council of each thereof must appoint three commissioners to arrange and report to the municipal authorities, respectively, the terms and conditions on which the annexation can be made.

(2) If the city or town council of the municipal corporation to be annexed approves of the terms thereof, it must by ordinance so declare and thereupon submit the question of annexation to the electors of the respective cities or towns. If a majority of the electors vote in favor of annexation, the council must so declare and a certified copy of the proceedings for annexation and of the ordinances must be filed with the clerk of the county in which the cities or towns so annexed are situated.

(3) When the copy of the proceedings and the ordinances is filed, the annexation is complete and the city or town to which the annexation is made has power, in addition to other powers conferred by this title, to pass all necessary ordinances to carry into effect the terms of the annexation.

(4) Such annexations do not affect or impair any rights, obligations, or liabilities then existing for or against either of such cities or towns.
Mont. Code Ann. § 7-5-4302 — MT Code / Title 7 / Chapter 5 / Part 43 / Section 7-5-4302
7-5-4302 Competitive, advertised bidding required for certain purchase and construction contracts
Status: in_force

7-5-4302 . Competitive, advertised bidding required for certain purchase and construction contracts. (1) Except as provided in 7-5-4303 , 7-5-4310 , or Title 18, chapter 2, part 5, a contract for the purchase of any automobile, truck, other vehicle, road machinery, other machinery, apparatus, appliances, equipment, or materials or supplies or for construction, repair, or maintenance in excess of $80,000 must be let to the lowest responsible bidder after advertisement for bids.

(2) The advertisement must be published as provided in 7-1-4127 , and the second publication must be made not less than 5 days or more than 12 days before the consideration of bids. If the advertisement is made by posting, 15 days must elapse, including the day of posting, between the time of the posting of the advertisement and the day set for considering bids.

(3) The council may:

(a) postpone awarding a contract until the next regular meeting after bids are received in response to the advertisement;

(b) reject any or all bids; and

(c) readvertise as provided in this section.
Mont. Code Ann. § 7-13-2271 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2271
7-13-2271 Organization of board of directors
Status: in_force

7-13-2271 . Organization of board of directors. (1) A new board of directors shall hold its first meeting on the sixth Monday after the election of directors. It shall choose one of its members president and shall provide for the time and place of holding its meetings and the manner in which its special meetings may be called.

(2) The board shall establish rules for its proceedings.
Mont. Code Ann. § 7-3-4413 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4413
7-3-4413 Certification required to receive salary
Status: in_force

7-3-4413 . Certification required to receive salary. The director of finance or other public disbursing officer shall not pay any salary or compensation for services to any person holding a position in the classified service unless the payroll or account for such salary or compensation shall bear the certificate of the board, by its secretary, that the persons named therein have been appointed or employed and are performing service in accordance with the provisions of this part and part 43 or the rules established thereunder.
Mont. Code Ann. § 7-13-127 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-127
7-13-127 Hearing on protest
Status: in_force

7-13-127 . Hearing on protest. (1) The time for the hearing on protest must be not less than 5 days after the final publication of the notice required by 7-13-126 .

(2) At the time fixed for the hearing, the board of county commissioners shall meet and hear all objections and for that purpose may adjourn from day to day. The board may by resolution modify the assessment in whole or in part. A copy of the resolution, certified by the county clerk, must be delivered to the county treasurer within 2 days after its passage.
Mont. Code Ann. § 7-7-2229 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2229
7-7-2229 Notice of election
Status: in_force

7-7-2229 . Notice of election. (1) Notice of a bond election must be in accordance with 13-1-108 .

(2) (a) The notice must state:

(i) the date when the election will be held;

(ii) the amount of bonds proposed to be issued;

(iii) the purpose of the issue;

(iv) the term of years through which the bonds are to be paid; and

(v) other information regarding the holding of the election and the bonds proposed to be issued that the board may consider proper.

(b) If bonds are to be issued for two or more purposes, each purpose and the amount for each purpose must be separately stated.
Mont. Code Ann. § 7-8-203 — MT Code / Title 7 / Chapter 8 / Part 2 / Section 7-8-203
7-8-203 Division of cost
Status: in_force

7-8-203 . Division of cost. The total cost of the joint institution shall be divided between the city and county in such manner as they shall determine.
Mont. Code Ann. § 7-12-4311 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4311
7-12-4311 Termination of special improvement lighting district
Status: in_force

7-12-4311 . Termination of special improvement lighting district. (1) If at any time after the creation of a special improvement lighting district a petition is presented to the city or town council, signed by the owners or agents of more than three-fourths of the total amount of property within the district, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the city or town council votes to discontinue a special improvement lighting district, the city or town council shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system.

(2) If the council has, prior to the presentation of a petition or by a majority vote of the council to discontinue the district, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract.

(3) If the lighting system is maintained and operated by a public utility, the maintenance and operation must be discontinued in accordance with the public utility's applicable tariff schedule.
Mont. Code Ann. § 7-16-4227 — MT Code / Title 7 / Chapter 16 / Part 42 / Section 7-16-4227
7-16-4227 Allowance of claims
Status: in_force

7-16-4227 . Allowance of claims. (1) Subject to the provisions of subsection (2) and except as provided in subsection (4), the board of park commissioners shall, at its first regular meeting in each month, audit and allow all just claims against the city, liability for which must have been incurred by the board.

(2) A claim may not be audited or paid until an itemized account of the claim, in writing and verified by the oath of the claimant or the claimant's authorized agent, has been filed in the office of the clerk of the board.

(3) An order or resolution providing for the payment or expenditure of money or creating an obligation in excess of the sum of $25 may not be passed or adopted except by a yea and nay vote, which must be recorded in full in the minutes by the clerk.

(4) A city may elect to have all claims allowed or disallowed by the governing body of the city.
Mont. Code Ann. § 7-15-4414 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4414
7-15-4414 Problems arising from existence of several overlapping authorities
Status: in_force

7-15-4414 . Problems arising from existence of several overlapping authorities. (1) In case an area lies within 10 miles of the boundaries of more than one city, such area shall be deemed to be within the boundaries of the authority embracing such area which was first established, all priorities to be determined on the basis of the time of the issuance of the aforesaid certificates by the secretary of state.

(2) No housing authority shall operate in any area in which an authority already established is operating without the consent by resolution of the authority already operating therein.
Mont. Code Ann. § 7-35-2148 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2148
7-35-2148 Disposition of fund income
Status: in_force

7-35-2148 . Disposition of fund income. (1) The income of that portion of such fund received from the sale of lots designated as perpetual care lots shall be used, in the discretion of the trustees of such public cemetery district, solely for the care, maintenance, and improvement of such cemetery lots and its grounds, roads, walks, and avenues leading thereto, except as herein provided. The income from such portion of such funds as shall have been paid in by lot owners for the care of specific lots shall be segregated from the other portion, each lot being credited with its respective income, and shall be used solely for the care of such lots, respectively.

(2) In the event of any portion of the income so paid ever remaining unexpended for such purposes for 1 year after its being so paid over to the treasurer of such public cemetery district, it shall be returned to the trustees of such fund by said treasurer and become a part of the principal.
Mont. Code Ann. § 7-3-1225 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1225
7-3-1225 Vote required on certain measures
Status: in_force

7-3-1225 . Vote required on certain measures. No measure making or amending a grant, renewal, or extension of a franchise or other special privilege may be passed without first submitting the application therefor to the qualified electors in the manner provided by 7-5-4321 and 7-5-4322 .
Mont. Code Ann. § 7-3-511 — MT Code / Title 7 / Chapter 3 / Part 5 / Section 7-3-511
7-3-511 Structural suboptions
Status: in_force

7-3-511 . Structural suboptions. The plan of government submitted to the qualified electors shall further define the structural characteristics of the form by including one item from each of the choices listed in 7-3-512 through 7-3-517 .
Mont. Code Ann. § 7-13-3019 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3019
7-13-3019 Restriction on assessments following change of boundaries
Status: in_force

7-13-3019 . Restriction on assessments following change of boundaries. Nothing in 7-13-3013 permits the assessment of the cost of the system against the lands remaining in the district after a boundary change at a higher rate per square foot than the rate per square foot that would have been assessed if the entire cost of the improvements as estimated in the resolution of intention had been assessed against each lot and parcel of land included within the boundaries of the district as described in the resolution of intention unless a new resolution of intention to recreate the district is adopted and a hearing is held on the new resolution after notice as required for the original resolution of intention.
Mont. Code Ann. § 7-14-4654 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4654
7-14-4654 Exemption from certain state taxes
Status: in_force

7-14-4654 . Exemption from certain state taxes. Revenue bonds issued pursuant to this part and the interest or income from those bonds are exempt from all taxation in this state, other than estate taxes.
Mont. Code Ann. § 7-32-2114 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2114
7-32-2114 Assignment to light duty or other agency
Status: in_force

7-32-2114 . Assignment to light duty or other agency. (1) Whenever, in the opinion of the county and supported by a health care provider's opinion, the deputy sheriff is able to perform specified types of light duty, payment of the officer's partial salary amount under 7-32-2113 must be discontinued if the deputy sheriff refuses to perform light duty when it is available and offered to the deputy sheriff.

(2) The deputy sheriff may be transferred to another department or agency within the county.
Mont. Code Ann. § 7-15-4214 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4214
7-15-4214 Hearing on urban renewal plan required
Status: in_force

7-15-4214 . Hearing on urban renewal plan required. (1) The local governing body shall hold a public hearing on an urban renewal plan prior to adoption as provided in 7-1-4131 . Notice of the hearing must be published as provided in 7-1-4127 , and mail notice as provided in 7-1-4129 must be given to property owners of the district.

(2) Upon receipt of the recommendations of the planning commission or if no recommendations are received within 60 days, then without such recommendations, the local governing body may proceed with the hearing on the proposed urban renewal project plan.
Mont. Code Ann. § 7-16-4102 — MT Code / Title 7 / Chapter 16 / Part 41 / Section 7-16-4102
7-16-4102 Planting and protection of trees
Status: in_force

7-16-4102 . Planting and protection of trees. The city or town council has power to provide for the planting of trees and the protection of the same.
Mont. Code Ann. § 7-2-2513 — MT Code / Title 7 / Chapter 2 / Part 25 / Section 7-2-2513
7-2-2513 Effect of name change on officers
Status: in_force

7-2-2513 . Effect of name change on officers. Persons who are, at the date of the rendition of the decree, the county, township, and district officers or officials and members of the legislature of the county under its former name shall remain in office and shall thereafter be the county, township, district, and legislative officials of the county under its new name and, as such, shall be entitled to the same salaries or compensation during the remainder of their terms of office that they were entitled to receive from the county under its former name.
Mont. Code Ann. § 7-6-1601 — MT Code / Title 7 / Chapter 6 / Part 16 / Section 7-6-1601
7-6-1601 Definitions
Status: in_force

7-6-1601 . Definitions. As used in this part, the following definitions apply:

(1) (a) "Capital improvements" means improvements, land, and equipment with a useful life of 10 years or more that increase or improve the service capacity of a public facility.

(b) The term does not include consumable supplies.

(2) "Connection charge" means the actual cost of connecting a property to a public utility system and is limited to the labor, materials, and overhead involved in making connections and installing meters.

(3) "Development" means construction, renovation, or installation of a building or structure, a change in use of a building or structure, or a change in the use of land when the construction, installation, or other action creates additional demand for public facilities.

(4) "Governmental entity" means a county, city, town, or consolidated government.

(5) (a) "Impact fee" means any charge imposed on development by a governmental entity as part of the development approval process to fund the additional service capacity required by the development from which it is collected.

(b) The term does not include:

(i) a charge or fee to pay for administration, plan review, or inspection costs associated with a permit required for development;

(ii) a connection charge;

(iii) any other fee authorized by law, including but not limited to user fees, special improvement district assessments, fees authorized under Title 7 for county, municipal, and consolidated government sewer and water districts and systems, and costs of ongoing maintenance; or

(iv) onsite or offsite improvements necessary for new development to meet the safety, level of service, and other minimum development standards that have been adopted by the governmental entity.

(6) "Proportionate share" means that portion of the cost of capital system improvements that reasonably relates to the service demands and needs of the project. A proportionate share must take into account the limitations provided in 7-6-1602 .

(7) "Public facilities" means:

(a) a water supply production, treatment, storage, or distribution facility;

(b) a wastewater collection, treatment, or disposal facility;

(c) a transportation facility, including roads, streets, bridges, rights-of-way, and traffic signals;

(d) a storm water collection, retention, detention, treatment, or disposal facility or a flood control facility; and

(e) a law enforcement, emergency medical rescue, 9-1-1 system, emergency management, or fire protection facility.
Mont. Code Ann. § 7-3-217 — MT Code / Title 7 / Chapter 3 / Part 2 / Section 7-3-217
7-3-217 Financial officer
Status: in_force

7-3-217 . Financial officer. A financial officer (who may be called the treasurer):

(1) shall be elected;

(2) shall be appointed by the executive with the consent of the council;

(3) shall be selected as provided by ordinance; or

(4) may, at the discretion of the commission, be selected as provided by ordinance.
Mont. Code Ann. § 7-14-2529 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2529
7-14-2529 Payment of interest
Status: in_force

7-14-2529 . Payment of interest. Interest shall be payable semiannually.
Mont. Code Ann. § 7-12-2167 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2167
7-12-2167 Term of payment of assessments
Status: in_force

7-12-2167 . Term of payment of assessments. (1) Except as provided in subsection (2), the payment of the assessment to defray the cost of constructing any improvements in special improvement districts may be spread over a term of not to exceed 30 years.

(2) If federal loans are available, payments may be spread over a term of not to exceed 40 years.

(3) The assessments are payable in equal semiannual installments of principal, with interest on the unpaid installments, or if the board of county commissioners so prescribes in the resolution authorizing issuance of the special improvement district bonds, in equal semiannual installments of principal and interest, each in the amount required to pay the principal over the term of payment, with interest at the rate then borne by the assessment.

(4) Any assessment that is not delinquent may be prepaid, in whole but not in part, at any time after the assessment is levied, by the payment of the assessment, with interest accrued and to accrue thereon through the next date on which interest on bonds of the special improvement district is payable.
Mont. Code Ann. § 7-3-4435 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4435
7-3-4435 Approval required for certain contracts
Status: in_force

7-3-4435 . Approval required for certain contracts. No contract involving an expenditure of more than $250 for material or supplies shall be awarded except upon the approval of the city manager and the commission.
Mont. Code Ann. § 7-15-4264 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4264
7-15-4264 Obligations of transferees of municipal property in urban renewal area
Status: in_force

7-15-4264 . Obligations of transferees of municipal property in urban renewal area. (1) The purchasers or lessees and their successors and assigns are obligated to devote real property transferred pursuant to 7-15-4262 only to the uses specified in the urban renewal plan and may be obligated to comply with other requirements that the municipality may determine to be in the public interest, including the obligation to begin within a reasonable time any improvements on real property required by the urban renewal plan.

(2) In any instrument of conveyance to a private purchaser or lessee, the municipality may provide that the purchaser or lessee may not sell, lease, or otherwise transfer the real property without the prior written consent of the municipality until the purchaser or lessee has completed the construction of any and all improvements that the purchaser or lessee is obligated to construct.

(3) The inclusion in a contract or conveyance to a purchaser or lessee of any covenants, restrictions, or conditions, including the incorporation by reference of the provisions of an urban renewal plan or any part of a plan, may not prevent the recording of the contract or conveyance in the land records of the clerk and recorder of the county in which the city or town is located, in a manner that provides actual or constructive notice of the covenants, restrictions, or conditions.
Mont. Code Ann. § 7-15-4288 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4288
7-15-4288 Costs that may be paid by tax increment financing
Status: in_force

7-15-4288 . Costs that may be paid by tax increment financing. The tax increments may be used by the local government to pay the following costs of or incurred in connection with an urban renewal area or targeted economic development district as identified in the urban renewal plan or targeted economic development district comprehensive development plan:

(1) land acquisition;

(2) demolition and removal of structures;

(3) relocation of occupants;

(4) the acquisition, construction, and improvement of public improvements or infrastructure, publicly owned buildings, and any public improvements authorized by Title 7, chapter 12, parts 41 through 45; Title 7, chapter 13, parts 42 and 43; and Title 7, chapter 14, part 47, and items of personal property to be used in connection with improvements for which the foregoing costs may be incurred;

(5) costs incurred in connection with the redevelopment activities allowed under 7-15-4233 ;

(6) acquisition of infrastructure-deficient areas or portions of areas;

(7) administrative costs associated with the management of the urban renewal area or targeted economic development district;

(8) assemblage of land for development or redevelopment by private enterprise or public agencies, including sale, initial leasing, or retention by the local government itself at its fair value;

(9) the compilation and analysis of pertinent information required to adequately determine the needs of the urban renewal area or targeted economic development district;

(10) the connection of the urban renewal area or targeted economic development district to existing infrastructure outside the area or district;

(11) the provision of direct assistance to secondary value-adding industries to assist in meeting their infrastructure and land needs within the area or district; and

(12) the acquisition, construction, or improvement of facilities or equipment for reducing, preventing, abating, or eliminating pollution.
Mont. Code Ann. § 7-2-2246 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2246
7-2-2246 Settlement between counties following adjustment of indebtedness
Status: in_force

7-2-2246 . Settlement between counties following adjustment of indebtedness. (1) The sum of said ascertained value of the property referred to in 7-2-2245 added to the ascertained proportion of the excess referred to in 7-2-2245 which the new county is to pay the old county and its proportion of the expense of said election, as aforesaid, shall be an indebtedness from the new county to the old county, and the property situated, as aforesaid, in the new county shall upon settlement therefor as provided in this part, become the property of the new county, and the old county shall pay the entire indebtedness against it.

(2) If, upon the settlement between the old and the new counties, as herein provided for, the new county shall be found to be indebted to the old county or either of the old counties, the money necessary to pay said indebtedness shall be raised by a tax levied upon the property contained in said new county and said new county shall pay the same. Such payment by said new county may be made in not more than three equal annual payments or by funds to be derived from the sale of bonds of said new county, as may be determined by a resolution of the board of county commissioners of said new county adopted within 1 year after the receipt of the statement from the board of commissioners, as aforesaid, of the amount or amounts due from it.

(3) If the value of the property belonging to the old county exceeds the indebtedness of the old county, then the old county shall pay to the new county a due proportion of such excess, which proportion shall be determined by the board of commissioners and shall be paid by the old county to the new county in the same manner and subject to the same conditions herein provided for payment by the new county to the old county when the indebtedness of the old county exceeds the value of the property in the old county.
Mont. Code Ann. § 7-32-128 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-128
7-32-128 Meetings
Status: in_force

7-32-128 . Meetings. Meetings of the commission must be held upon call of the presiding officer, the vice presiding officer in the absence or inability of the presiding officer, or a majority of the commission members. Hearings in all cases involving employee discharge or termination must be held upon request of the employee discharged or terminated.
Mont. Code Ann. § 7-3-1228 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1228
7-3-1228 Action on initiative petition
Status: in_force

7-3-1228 . Action on initiative petition. (1) If an initiative petition or amended petition is found sufficient by the clerk, the clerk shall certify it and shall submit the ordinance set forth in the petition to the commission at its next meeting, and the commission shall read and refer it to an appropriate committee, which may be a committee of the whole.

(2) Provision must be made for public hearings upon the proposed ordinance before the committee to which it is referred. After the hearings, the committee shall report the ordinance to the commission, with its recommendations, not later than 60 days after the date on which the ordinance was submitted to the commission by the clerk.

(3) Upon receiving the ordinance from the committee, the commission shall consider it and shall take final action on the ordinance within 30 days from the date of the committee report.
Mont. Code Ann. § 7-8-2706 — MT Code / Title 7 / Chapter 8 / Part 27 / Section 7-8-2706
7-8-2706 Compensation of board members
Status: in_force

7-8-2706 . Compensation of board members. The members shall serve without pay.
Mont. Code Ann. § 7-3-4208 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4208
7-3-4208 Petition to organize under commission form -- election required
Status: in_force

7-3-4208 . Petition to organize under commission form -- election required. (1) When a petition on the question of reorganization under this part is filed with the city council and is signed by at least 25% of the qualified electors of the city registered for the last preceding general city election, the city council shall order an election to be held in accordance with Title 13, chapter 1, part 4. At this election, the question of reorganization of the city under the provisions of this part must be submitted to the qualified electors of the city.

(2) The order of the city council must specify the time when the election will be held pursuant to 13-1-405 .
Mont. Code Ann. § 7-5-122 — MT Code / Title 7 / Chapter 5 / Part 1 / Section 7-5-122
7-5-122 Resolution veto procedure
Status: in_force

7-5-122 . Resolution veto procedure. If the plan of government allows the chief executive to veto resolutions, this power must be exercised in writing at the next regular meeting. If the chief executive fails to act, the resolution is approved. If the chief executive vetoes a resolution, the governing body must act at the same meeting or its next regularly scheduled meeting to either override or confirm the veto.
Mont. Code Ann. § 7-13-2241 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2241
7-13-2241 Filing declaration of candidacy
Status: in_force

7-13-2241 . Filing declaration of candidacy. (1) A declaration of candidacy must be filed with the election administrator within the time period specified in 13-1-502 . The election administrator shall endorse on the declaration the date on which it was presented.

(2) If the district lies in more than one county, the declaration of candidacy must be presented to the election administrator conducting the election pursuant to 13-1-505 and the election administrator shall conduct the elections provided for under part 23 and this part.

(3) The county clerk shall retain in the clerk's office for a period of 2 years all declarations of candidacy filed under this section.
Mont. Code Ann. § 7-12-4334 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4334
7-12-4334 Lighting district maintenance fund
Status: in_force

7-12-4334 . Lighting district maintenance fund. All money derived from the collection of the assessment provided for in the resolution required by 7-12-4333 shall be paid into a fund known as the special improvement lighting district No. .... maintenance fund, the number of which shall correspond with the number of the lighting district, for the maintenance of and the supplying of current for which the tax is levied. Such fund shall be used to defray the expense of maintaining and furnishing electrical current for the lights in said district and for no other purpose.
Mont. Code Ann. § 7-3-602 — MT Code / Title 7 / Chapter 3 / Part 6 / Section 7-3-602
7-3-602 Nature of government
Status: in_force

7-3-602 . Nature of government. The plan of government submitted to the qualified electors shall determine the powers of the local government unit by authorizing:

(1) general government powers; or

(2) self-government powers.
Mont. Code Ann. § 7-3-1220 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1220
7-3-1220 Conduct of commission business
Status: in_force

7-3-1220 . Conduct of commission business. (1) The commission shall determine its own rules and order of business and shall keep a journal of its proceedings. It may compel the attendance of absent members, may punish its members for disorderly behavior, and, by a vote of not less than two-thirds of its members, may expel a member for disorderly conduct or the repeated violation of its rules. However, a member may not be expelled unless notified of the charge against the member and given an opportunity to be heard.

(2) A majority of the members elected to the commission constitute a quorum to do business, but a less number may adjourn from time to time and compel the attendance of absent members in the manner and under the penalties prescribed by ordinance. The affirmative vote of a majority of the members elected to the commission is necessary to adopt any ordinance, resolution, order, or vote. However, a vote to adjourn or regarding the attendance of absent members may be adopted by a majority of the members present.
Mont. Code Ann. § 7-3-4307 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4307
7-3-4307 Form of ballot
Status: in_force

7-3-4307 . Form of ballot. At an election under 7-3-4305 , the ballots to be used must be headed "Election for the purpose of submitting to the qualified electors of the (city, town) of (name of city or town) under chapter 152 of the acts of the fifteenth legislative assembly" and must be substantially in the following form:

☐ FOR reorganization of the (city, town) of (name of city or town) under chapter 152 of the acts of the fifteenth legislative assembly.

☐ AGAINST reorganization of the (city, town) of (name of city or town) under chapter 152 of the acts of the fifteenth legislative assembly.
Mont. Code Ann. § 7-13-141 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-141
7-13-141 Charges for services
Status: in_force

7-13-141 . Charges for services. (1) The board of county commissioners has authority by ordinance or resolution to fix and establish just and equitable rates, charges, and rentals for the services and benefits directly or indirectly afforded by any sanitary or storm sewer system operated by, controlled by, and under the jurisdiction of a metropolitan sanitary and/or storm sewer district formed under this part or billed to a metropolitan sanitary and/or storm sewer district formed under this part for the purposes of providing sanitary and/or storm sewer services to the district.

(2) The rates, charges, and rentals must be as nearly as possible equitable in proportion to the services and benefits rendered and may take into consideration:

(a) the quantity of sewage produced;

(b) its concentration and water pollution qualities in general; and

(c) the cost of disposal of sewage and storm waters.

(3) The rates, charges, and rentals may be assessed against the owners in the district if the board of county commissioners passes a resolution to levy and assess the rates, charges, and rentals. The resolution must contain:

(a) a description of each lot or parcel of land with the name of the owner, if known; and

(b) the amount of each partial payment and the day when the payment becomes delinquent.

(4) All resolutions, signed by the presiding officer of the board, must be kept on file in the office of the county clerk.
Mont. Code Ann. § 7-1-2102 — MT Code / Title 7 / Chapter 1 / Part 21 / Section 7-1-2102
7-1-2102 Name of county
Status: in_force

7-1-2102 . Name of county. The name of a county designated in the law creating it is its corporate name, and it must be known and designated thereby in all actions and proceedings touching its corporate rights, property, and duties. This provision does not prevent county officers, when authorized by law, from suing in their name of office for the benefit of the county.
Mont. Code Ann. § 7-15-2122 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2122
7-15-2122 Operation of rural housing projects
Status: in_force

7-15-2122 . Operation of rural housing projects. (1) In connection with the projects authorized by 7-15-2121 , such housing authorities may enter into such leases or purchase agreements, accept such conveyances, and rent or sell dwellings forming part of such projects to or for rural residents of low income as such housing authority deems necessary in order to assure the achievement of the objectives of this part.

(2) Such leases, agreements, or conveyances may include such covenants as the housing authority deems appropriate regarding such dwellings and the tracts of lands described in any such instrument. The covenants shall be deemed to run with the land where the housing authority deems it necessary and the parties to such instrument so stipulate.

(3) Nothing contained in this section and 7-15-2121 shall be construed as limiting any other powers of any housing authority, except that no more than 2 acres of land per dwelling, together with the dwelling houses thereon provided for under the provisions of this part, shall be exempt from taxation and that upon title to said 2 acres of land and the dwelling houses thereon passing to private ownership, the said land and the dwelling houses thereon shall be restored to the tax rolls and be subject to taxation.
Mont. Code Ann. § 7-2-2403 — MT Code / Title 7 / Chapter 2 / Part 24 / Section 7-2-2403
7-2-2403 Authority to contract for transcription service
Status: in_force

7-2-2403 . Authority to contract for transcription service. Said county commissioners shall have full power and authority to contract for transcribing the records relating to all property situated within the boundaries of the segregated county, and for that purpose the person or persons engaged in the work of transcribing such records shall have access to all records of the county or counties from which segregated.
Mont. Code Ann. § 7-14-2823 — MT Code / Title 7 / Chapter 14 / Part 28 / Section 7-14-2823
7-14-2823 Hearing and decision on application
Status: in_force

7-14-2823 . Hearing and decision on application. (1) At the hearing, proof of giving the notice required by 7-14-2821 and 7-14-2822 must be made, and any person may appear and contest the application. If the board of commissioners finds that the ferry is either a public necessity or convenience and that the applicant is a suitable person and, by reason of the ownership of the landing or failure of the owner of the landing to apply, is entitled to operate the ferry, authority to erect and take tolls on the ferry may be granted to the applicant for the term of 10 years. The board may at any time authorize and maintain fords across any water within any distance of a ferry.

(2) The board granting authority to keep a public ferry shall at the same time:

(a) fix the amount of a bond to be given by the person or corporation owning or taking tolls on the ferry for the benefit of the county and all persons crossing or desiring to cross on the ferry and provide for the annual renewal of the bond;

(b) fix the amount of license tax to be paid by the person or corporation for taking tolls on the ferry, not less than $3 or more than $100 a month, payable annually;

(c) fix the rate of tolls that may be collected for crossing on the ferry;

(d) make all necessary orders relative to the construction, erection, and business of ferries that it has by law the power to make.

(3) When a county commissioner is interested in an application to erect, construct, or take tolls on a ferry, the commissioner may not act in those matters.
Mont. Code Ann. § 7-6-2524 — MT Code / Title 7 / Chapter 6 / Part 25 / Section 7-6-2524
7-6-2524 Changes from all-purpose levy
Status: in_force

7-6-2524 . Changes from all-purpose levy. A county adopting the all-purpose levy provided for in 7-6-2521 and 7-6-2522 is bound by that adoption during the ensuing fiscal year but may abandon the method in succeeding fiscal years.
Mont. Code Ann. § 7-15-4419 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4419
7-15-4419 Authority to reimburse municipality for loans
Status: in_force

7-15-4419 . Authority to reimburse municipality for loans. The authority, when it has money available therefor, shall reimburse a municipality for all advances made to it by way of loan.
Mont. Code Ann. § 7-12-2176 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2176
7-12-2176 Interest rate on unpaid assessments
Status: in_force

7-12-2176 . Interest rate on unpaid assessments. (1) Except as provided in subsection (3), the installments of assessments remaining unpaid bear simple interest at an annual rate equal to the sum of:

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

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

(c) at the option of the board of county commissioners, up to an additional 1/2 of 1% a year.

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

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

(a) 1% a year; plus

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

(c) to the extent that the interest rate on the bonds or warrants is then less than the maximum rate prescribed for the bonds or warrants or if there is no prescribed maximum rate, up to an additional 1% a year, as may be prescribed by the board of county commissioners in the resolution authorizing the issuance or sale of the bonds or warrants.
Mont. Code Ann. § 7-12-2121 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2121
7-12-2121 Administration of multicounty district
Status: in_force

7-12-2121 . Administration of multicounty district. (1) If a rural improvement district includes areas in more than one county, the board of county commissioners of each county in which any portion of the district is situated shall, upon creation of the district and at a joint session, appoint an initial board of three trustees to administer the affairs of the district.

(2) At the end of the term of a trustee, the board of county commissioners of the county represented by the trustee shall appoint a new trustee. In case of a vacancy by death, resignation, removal from the district, or otherwise, a trustee shall be appointed by the board of county commissioners of the county represented by the trustee to fill the vacancy.

(3) At least one trustee shall be appointed from each county within the district.
Mont. Code Ann. § 7-1-4142 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4142
7-1-4142 Public participation
Status: in_force

7-1-4142 . Public participation. Each municipal governing body, committee, board, authority, or entity, in accordance with Article II, section 8, of the Montana constitution and Title 2, chapter 3, shall develop procedures for permitting and encouraging the public to participate in decisions that are of significant interest to the public.
Mont. Code Ann. § 7-5-4204 — MT Code / Title 7 / Chapter 5 / Part 42 / Section 7-5-4204
7-5-4204 Details relating to emergency measures
Status: in_force

7-5-4204 . Details relating to emergency measures. In the case of emergency measures, the emergency must be expressed in the preamble or in the body of the measure and the measure must receive a two-thirds vote of all the members elected. In emergency ordinances, the resolutions shall include only such measures as are immediately necessary for the preservation of peace, health, and safety and shall not include:

(1) a franchise or license to a corporation or individual;

(2) any provisions for the sale of real estate;

(3) any lease or letting of any property for a period exceeding 1 year; or

(4) the purchase or sale of personal property exceeding $5,000 in value.
Mont. Code Ann. § 7-5-2128 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2128
7-5-2128 Fees of officers and witnesses
Status: in_force

7-5-2128 . Fees of officers and witnesses. Neither the officers serving subpoenas nor the witnesses subpoenaed to testify in relation to matters of public concern before the board of county commissioners are entitled to have their fees prepaid, but officers must serve the subpoenas and witnesses must attend without their fees being prepaid. The board must allow the witnesses reasonable compensation for their attendance, but in no case to exceed the amount for like services in courts.
Mont. Code Ann. § 7-3-201 — MT Code / Title 7 / Chapter 3 / Part 2 / Section 7-3-201
7-3-201 Commission-executive form
Status: in_force

7-3-201 . Commission-executive form. The commission-executive form (which may be called the council-executive, the council-mayor, or the commission-mayor form) consists of an elected commission (which may be referred to as the council) and one elected executive (who may be referred to as the mayor) who is elected at large.
Mont. Code Ann. § 7-15-4503 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4503
7-15-4503 Nature of bonded indebtedness
Status: in_force

7-15-4503 . Nature of bonded indebtedness. (1) Neither the commissioners of the authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof.

(2) The bonds and other obligations of the authority (and such bonds and obligations shall so state on their face) shall not be a debt of any city or municipality located within its boundaries or of the state, and neither the state nor any such city or municipality shall be liable thereon, nor in any event shall they be payable out of any funds or properties other than those of the authority.

(3) The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory provision of the laws of the state. Bonds may be issued under this part and part 44 notwithstanding any debt or other limitation prescribed by any statute.
Mont. Code Ann. § 7-14-2524 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2524
7-14-2524 Limitation on amount of bonds issued
Status: in_force

7-14-2524 . Limitation on amount of bonds issued. (1) Except as otherwise provided in 7-7-2203 , 7-7-2204 , and this section, a county may not issue bonds in an amount that, with all outstanding bonds and warrants except emergency bonds, exceeds 0.68% of the total assessed value of taxable property, determined as provided in 15-8-111 , within the county, as ascertained by the last assessment for state and county taxes.

(2) A county may issue bonds in an amount that, with all outstanding bonds and warrants, exceeds 0.68% but does not exceed 2.5% of the total assessed value of taxable property, determined as provided in 15-8-111 , when necessary for the purpose of replacing, rebuilding, or repairing county buildings, bridges, or highways that have been destroyed or damaged by an act of God or by a disaster, catastrophe, or accident.

(3) The value of the bonds issued and all other outstanding indebtedness of the county may not exceed 2.5% of the total assessed value of taxable property, determined as provided in 15-8-111 , within the county, as ascertained by the last assessment for state and county taxes prior to the issuance of the bonds.
Mont. Code Ann. § 7-14-2404 — MT Code / Title 7 / Chapter 14 / Part 24 / Section 7-14-2404
7-14-2404 Competitive bids for county road contracts
Status: in_force

7-14-2404 . Competitive bids for county road contracts. Each bidder shall comply with the requirements of Title 18, chapter 1, part 2. The contract must be awarded to the lowest responsible bidder in accordance with the requirements of 18-1-102 and Title 18, chapter 2, part 4, and the board may reserve the right to reject any bids. If there is no prevailing rate of wages set by collective bargaining, the board shall determine the prevailing rate to be stated in the contract. A contract may not be issued in violation of 7-5-2311 regarding a conflict of interest.
Mont. Code Ann. § 7-33-4501 — MT Code / Title 7 / Chapter 33 / Part 45 / Section 7-33-4501
7-33-4501 Legal representation for firewarden, firefighter, or employee -- local governmental fire agency
Status: in_force

7-33-4501 . Legal representation for firewarden, firefighter, or employee -- local governmental fire agency. A local governmental fire agency shall pay reasonable attorney fees and costs for outside legal counsel to defend a firewarden, firefighter, or paid or volunteer employee of a local governmental fire agency against a criminal prosecution arising from an act or omission in the performance of duties on a fire or in fire training that is made in good faith and within the course and scope of employment of the firewarden, firefighter, or paid or volunteer employee. The local governmental fire agency may determine whether the act or omission of the firewarden, firefighter, or paid or volunteer employee was in good faith and arising from the performance of the employee's duties in a fire or in fire training. The requirement to pay attorney fees and costs does not apply to any postconviction legal proceedings.
Mont. Code Ann. § 7-8-2607 — MT Code / Title 7 / Chapter 8 / Part 26 / Section 7-8-2607
7-8-2607 Procedure upon breach of agreement
Status: in_force

7-8-2607 . Procedure upon breach of agreement. Upon breach of any timber sale agreement, the board of county commissioners is authorized to suspend cutting or removal of the timber and, upon advice and counsel of the county attorney, to take such steps as are deemed by it necessary to adjust the breach or to liquidate the county's claim for damages or to submit the case to the county attorney for collection on the bond.
Mont. Code Ann. § 7-12-4606 — MT Code / Title 7 / Chapter 12 / Part 46 / Section 7-12-4606
7-12-4606 Resolution to create fire hydrant maintenance district
Status: in_force

7-12-4606 . Resolution to create fire hydrant maintenance district. (1) The city council has jurisdiction to order the proposed improvements if:

(a) no protests have been delivered to the clerk of the city council within the 15-day protest period provided for in 7-12-4604 ; or

(b) protests have been found by the city council to be insufficient in number to halt further proceedings and such protests have been heard on their merits and denied.

(2) Before ordering the proposed improvements, the city council shall pass a resolution creating the fire hydrant maintenance district in accordance with the resolution of intention previously introduced and passed by the council.
Mont. Code Ann. § 7-8-2215 — MT Code / Title 7 / Chapter 8 / Part 22 / Section 7-8-2215
7-8-2215 Procedure to challenge appraised value
Status: in_force

7-8-2215 . Procedure to challenge appraised value. (1) A taxpayer who believes that the appraised value under 7-8-2214 is less than the actual value of the property may, at any time before the day fixed for the sale of the property, file with the board of county commissioners written objections to the appraised value.

(2) When an objection is filed, it vacates the sale and the board shall at once apply to the judge of the district court to have the property reappraised.

(3) (a) Upon application, the district judge shall appoint for purpose of reappraisal three disinterested persons or a disinterested certified real estate appraiser. Each appraiser, when appointed by the district judge and after filing the appraisal report with the county clerk and recorder, must be allowed necessary and actual expenses as determined by the judge.

(b) The appraisal of the persons appointed under subsection (3)(a) must be made and filed with the county clerk and recorder. The new appraisal or reappraisal must be used in the next sale of the property.
Mont. Code Ann. § 7-23-4201 — MT Code / Title 7 / Chapter 23 / Part 42 / Section 7-23-4201
7-23-4201 Sale or adoption of cat or dog -- information required
Status: in_force

7-23-4201 . Sale or adoption of cat or dog -- information required. (1) The following information must be provided by any pet shop operator, humane society, or publicly operated animal shelter or pound that makes a cat or dog available for sale or adoption:

(a) age, sex, and weight of the animal;

(b) breed of the animal;

(c) a record of vaccinations and veterinary care and treatment the animal has received, including, if available, the manufacturer's name and the serial number of the vaccination used; and

(d) a record of surgical sterilization of the animal or notice of the lack of surgical sterilization, as applicable.

(2) The following information must be retained for a period of 2 years and remains confidential unless requested pursuant to an enforcement action or legal proceeding:

(a) if known, the name and address of the breeder of the animal;

(b) if known, the name and address of any person who owned or harbored the animal between its birth and the time of sale or adoption; and

(c) a copy of the import permit and health certificate pertaining to an animal imported from outside Montana.
Mont. Code Ann. § 7-13-4504 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4504
7-13-4504 Authorization to initiate creation of a local water quality district
Status: in_force

7-13-4504 . Authorization to initiate creation of a local water quality district. (1) The commissioners may initiate the creation of a local water quality district for the purpose of protecting, preserving, and improving the quality of surface water and ground water, as provided by this part, by holding a public meeting, passing a resolution of intention, providing an opportunity for owners of fee-assessed units to protest, and conducting a public hearing to hear and decide upon protests, as provided in 7-13-4506 , 7-13-4507 , 7-13-4509 , and 7-13-4510 .

(2) A city or town may be included in the district if approved by the governing body of the city or town.
Mont. Code Ann. § 7-6-2604 — MT Code / Title 7 / Chapter 6 / Part 26 / Section 7-6-2604
7-6-2604 Interest on unpaid warrants
Status: in_force

7-6-2604 . Interest on unpaid warrants. (1) When any high school warrant or any school district warrant is presented to the treasurer for payment and the warrant is not paid for lack of funds, the treasurer shall endorse on the warrant "Not paid for lack of funds", include the date of presentation, and sign the warrant. When the treasurer pays a warrant on which any interest is due, the treasurer shall note on the warrant the amount of interest paid and enter on the treasurer's account the amount of interest, distinct from the principal.

(2) After the date of presentation and endorsement by the treasurer, the warrant must bear interest at a rate fixed by the board of trustees in accordance with law.

(3) All county warrants, after having been presented to the county treasurer for payment and endorsed "Not paid for lack of funds in the treasury", after the date of presentation and endorsement, must draw interest at the rate fixed by the board of county commissioners in accordance with law.
Mont. Code Ann. § 7-4-4604 — MT Code / Title 7 / Chapter 4 / Part 46 / Section 7-4-4604
7-4-4604 Duties
Status: in_force

7-4-4604 . Duties. The city attorney shall:

(1) appear before the city court and other courts and prosecute on behalf of the city;

(2) serve upon the attorney general within 10 days of the filing or receipt a copy of any notice of appeal that the city attorney files or receives in a criminal proceeding;

(3) when required, draft for the city council contracts and ordinances for the government of the city;

(4) when required, give to the mayor or city council written opinions on questions pertaining to the duties and the rights, liabilities, and powers of the city; and

(5) perform other duties that pertain to the functions of the city council or that the city council prescribes by resolution.
Mont. Code Ann. § 7-4-2515 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2515
7-4-2515 Fees to be paid in advance
Status: in_force

7-4-2515 . Fees to be paid in advance. (1) The officers mentioned in this chapter may not perform any official services unless the fees prescribed for the services are paid in advance. On payment, the officers shall perform the services required. For every failure or refusal to perform the official duty when the fees are tendered, the officer is liable on the officer's official bond.

(2) The county clerk is not bound to record any instrument, file any paper or notice, furnish any copies, or render any service connected with the office until the fee for the recording or the service as prescribed by law is, if demanded, paid or tendered.

(3) When any publication is required by law to be made by an officer of any suit, process, notice, order, or other paper, the costs of the publication must be first tendered by the party, if demanded, for whom the order of publication was granted before the officer is compelled to make the publication.
Mont. Code Ann. § 7-4-2714 — MT Code / Title 7 / Chapter 4 / Part 27 / Section 7-4-2714
7-4-2714 Recovery of illegally paid money
Status: in_force

7-4-2714 . Recovery of illegally paid money. Whenever the board of county commissioners, without authority of law, orders any money paid as a salary or fee or for any other purpose and the money has been actually paid or whenever any other county officer has drawn a warrant in the officer's own favor or in favor of any other person without being authorized by the board or by law and the warrant has been paid, the county attorney shall institute an action in the name of the county against the person to recover the money and 25% damages for the use of the money. An order of the board is unnecessary to maintain this suit. Whenever the money has not been paid on the order or warrant, it is the duty of the county attorney, upon receiving notice, to commence an action in the name of the county for restraining the payment of the money, and an order of the board is unnecessary to maintain the action.
Mont. Code Ann. § 7-2-2729 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2729
7-2-2729 Tax liability of property within abandoned county for debts of continuing county
Status: in_force

7-2-2729 . Tax liability of property within abandoned county for debts of continuing county. (1) Whenever a county is abandoned and abolished and its territory is attached to and made a part of an adjoining county under the provisions of this part, none of the property situated within the boundaries of such abandoned and abolished county shall be subjected to taxation or taxed for the payment of any indebtedness of such adjoining county which may exist at the time such territory is attached to and made a part of such adjoining county.

(2) If an adjoining county to which the territory of an abandoned and abolished county is attached and made a part shall have outstanding and unpaid bonds at the time such territory is attached to and made a part of such county, such bonds shall be the indebtedness of such adjoining county. None of the property situated within the territory of the abandoned county shall be subjected to any taxes to pay the principal or interest of such bonds, but such taxes shall be levied only against the property within the boundaries of such adjoining county as the same existed before the territory of the abandoned and abolished county was attached to and made a part thereof.
Mont. Code Ann. § 7-14-2824 — MT Code / Title 7 / Chapter 14 / Part 28 / Section 7-14-2824
7-14-2824 Preference for landowner
Status: in_force

7-14-2824 . Preference for landowner. The owner of the land on either bank of the waters to be crossed, with the owner of the land on the left bank descending given preference over the owner of the land on the right bank, is entitled to preference in procuring authority to construct a ferry. Whenever the owners of the banks do not apply for such authority within a reasonable time after the necessity therefor arises, the board of commissioners may grant authority to another.
Mont. Code Ann. § 7-12-4177 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4177
7-12-4177 Notice of resolution for tax levy -- protest and hearing
Status: in_force

7-12-4177 . Notice of resolution for tax levy -- protest and hearing. (1) A notice signed by the city clerk, stating that the resolution levying the special assessment to defray the cost of the improvements is on file in the city clerk's office and subject to inspection, must be:

(a) published as provided in 7-1-4127 ;

(b) mailed to the owner of each lot, tract, or parcel of land to be assessed. The lands must be identified and the mailing address determined from the last-completed assessment roll for state, county, and school district taxes.

(c) mailed to all other persons known to the clerk to have an ownership interest in the property.

(2) The notice must state the time and place at which objections to the final adoption of the resolution will be heard by the council. The time for the hearing may not be less than 10 days after the final publication and mailing of the notice.
Mont. Code Ann. § 7-13-102 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-102
7-13-102 Resolution of intention to create metropolitan sanitary and/or storm sewer district
Status: in_force

7-13-102 . Resolution of intention to create metropolitan sanitary and/or storm sewer district. (1) Before creating any metropolitan sanitary and/or storm sewer district, the board of county commissioners shall pass a resolution of intention to do so.

(2) The resolution shall designate:

(a) the proposed name of such district;

(b) the necessity for the proposed district;

(c) a general description of the territory or lands to be included within said district, giving the boundaries thereof;

(d) the general character of the sanitary and/or storm sewer system and its proposed location;

(e) the name of the engineer who is to have charge of the work; and

(f) the estimated cost thereof.
Mont. Code Ann. § 7-21-4205 — MT Code / Title 7 / Chapter 21 / Part 42 / Section 7-21-4205
7-21-4205 Licensing and regulating of vehicles engaged in transporting persons and property
Status: in_force

7-21-4205 . Licensing and regulating of vehicles engaged in transporting persons and property. The city or town council has power to license and regulate automobiles, trucks, hackney carriages, carts, omnibuses, wagons, and drays and to fix the rate to be charged for the carriage of persons and property within the city or town and to the public works and property without the limits of the city or town.
Mont. Code Ann. § 7-2-2504 — MT Code / Title 7 / Chapter 2 / Part 25 / Section 7-2-2504
7-2-2504 Verification of petition signatures -- county clerk's certification
Status: in_force

7-2-2504 . Verification of petition signatures -- county clerk's certification. (1) The county clerk of the county in which the petition provided for in 7-2-2503 must be signed shall compare the signatures of the voters signing the petition with their signatures on the registration books and blanks on file in the clerk's office for the preceding general election. The county clerk may not retain a petition or any part of a petition for a longer period than 2 days for the first 200 signatures and 1 additional day for each 200 additional signatures or fraction of that number on the sheets presented to the clerk. At the expiration of that time, the clerk shall file the petition with the clerk of the district court, with the county clerk's certificate attached to the petition as provided in subsection (2).

(2) After comparing the signatures, the county clerk shall attach to the sheets of the petition containing the signatures a certificate to the district court, substantially as follows:

State of Montana, County of ....

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

I, ...., county clerk of the county of ...., certify that I have compared the signatures on (number of sheets) of the petition for change of name attached with the signatures of voters as they appear on the registration books and blanks in my office. I believe that the signatures of (names of signers), numbering (number of genuine signatures), are genuine. I further certify that the number of genuine signatures attached equals at least 25% of the whole number of votes cast for the office of governor of Montana in the county at the gubernatorial election preceding the circulation of this petition.

...., County Clerk

(Seal) By ....

Deputy ....

(3) The forms in this section are not mandatory, and if substantially followed in any petition, it is sufficient, disregarding clerical and merely technical errors.
Mont. Code Ann. § 7-14-4121 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4121
7-14-4121 Maintenance and regulation of public grounds
Status: in_force

7-14-4121 . Maintenance and regulation of public grounds. The city or town council has power to provide for enclosing, improving, and regulating all public grounds belonging to the city or town.
Mont. Code Ann. § 7-14-233 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-233
7-14-233 Collection of tax -- role of county treasurer
Status: in_force

7-14-233 . Collection of tax -- role of county treasurer. (1) The procedure for the collection of the tax shall be in accordance with the existing laws of the state of Montana.

(2) The funds collected under the tax levy shall be held by the county treasurer.

(3) The county treasurer shall be, ex officio, the treasurer for the transportation district and shall keep a detailed account of:

(a) all tax money paid into the fund;

(b) all other money from any source received by the district; and

(c) all payments and disbursements from the fund.
Mont. Code Ann. § 7-15-4282 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4282
7-15-4282 Authorization for tax increment financing -- advisory committee
Status: in_force

7-15-4282 . Authorization for tax increment financing -- advisory committee. (1) An urban renewal plan as defined in 7-15-4206 or a targeted economic development district comprehensive development plan created as provided in 7-15-4279 may contain a provision or be amended to contain a tax increment provision as provided in 7-15-4282 through 7-15-4294 . The local governing body shall approve the adoption of a tax increment provision included in an urban renewal plan. The legislative body of a local government shall approve the adoption of a tax increment provision included in a targeted economic development district comprehensive development plan.

(2) (a) Before adopting a tax increment financing provision as part of an urban renewal plan or a comprehensive development plan, a municipality shall provide notice to the county and the school district in which the urban renewal district or targeted economic development district is located and provide the county and school district with the opportunity to meet and consult in a public meeting with the opportunity for public comment regarding the proposed tax increment financing provision and its effect on the county or school district.

(b) Before adopting a tax increment financing provision as part of a comprehensive development plan, a county shall provide notice to the school district in which the targeted economic development district is located and provide the school district with the opportunity to meet and consult in a public meeting with the opportunity for public comment regarding the proposed tax increment financing provision and its effect on the school district.

(3) The tax increment financing provision must take into account the effect on the county and school districts that include local government territory.

(4) (a) Except as provided in subsection (4)(b), the legislative body of a local government that adopts a tax increment financing provision shall appoint an advisory committee to advise the local government about the administration of the urban renewal area or targeted economic development district. The committee must include at least one representative from each incorporated city or town, county, or school district with boundaries that overlap with the urban renewal area or targeted economic development district. The committee may include representatives of other taxing bodies with boundaries that overlap with the urban renewal area or targeted economic development district.

(b) An urban renewal area administered by an urban renewal agency created under 7-15-4232 (2) is not required to appoint an advisory committee as provided in subsection (4)(a).
Mont. Code Ann. § 7-6-4303 — MT Code / Title 7 / Chapter 6 / Part 43 / Section 7-6-4303
7-6-4303 Cancellation of municipal warrants and checks
Status: in_force

7-6-4303 . Cancellation of municipal warrants and checks. (1) The city or town council may cancel municipal warrants and checks that have remained outstanding and unpaid for a period of 1 year or longer.

(2) The city or town clerk shall:

(a) enter on the record of warrants or checks, opposite the entry of each instrument, the date when it was canceled;

(b) make a list of the canceled instruments, specifying the number, date, and amount and the person to whom it was payable; and

(c) enter the list in the minutes of the city or town council proceedings.
Mont. Code Ann. § 7-34-2411 — MT Code / Title 7 / Chapter 34 / Part 24 / Section 7-34-2411
7-34-2411 County health care facility bonds authorized
Status: in_force

7-34-2411 . County health care facility bonds authorized. (1) Notwithstanding any limitation imposed by law upon the bonded indebtedness of a county, a county acquiring, erecting, furnishing, equipping, expanding, improving, or maintaining a health care facility under 7-8-2102 or 7-34-2201 or a boarding home under 7-34-2301 may borrow money and issue its bonds for a health care facility or a boarding home, including refunding bonds, in the form and upon the terms as it may determine, payable out of any revenue of the facility or boarding home, respectively, including revenue derived from:

(a) fees and payments for health care or boarding home services;

(b) taxes levied under 7-6-2512 or 7-34-2417 for a health care facility;

(c) grants or contributions from the federal government; or

(d) any other sources.

(2) For the security of the bonds, the county may by resolution make and enter into any covenant, agreement, or indenture and exercise any additional powers authorized to be made, entered into, or exercised by a county, including those authorized in 7-6-2512 and this part. The sums required to pay principal and interest and to create and maintain a reserve for the bonds may be made payable from any and all revenue of the health care facility or boarding home prior to the payment of current costs of operation and maintenance of the facilities.
Mont. Code Ann. § 7-16-4114 — MT Code / Title 7 / Chapter 16 / Part 41 / Section 7-16-4114
7-16-4114 Authorization to levy tax and establish fund for establishment and maintenance of programs and employee training for day-care facilities
Status: in_force

7-16-4114 . Authorization to levy tax and establish fund for establishment and maintenance of programs and employee training for day-care facilities. (1) Subject to 15-10-420 , the governing body of a county, city, town, or municipality may establish a fund to establish and maintain programs for the operation of licensed day-care centers and homes within the geographic boundaries of the governing body by a levy on the taxable property in the county, city, town, or municipality. 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, provided that expenditures must be made solely for the establishment, maintenance, and development of programs for and training of operators and employees of day-care centers and homes.
Mont. Code Ann. § 7-15-4409 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4409
7-15-4409 Application for incorporation
Status: in_force

7-15-4409 . Application for incorporation. (1) The commissioners shall present to the secretary of state an application signed by them that must set forth, without any detail other than the mere recital:

(a) that a notice has been given and a public hearing has been held as provided in 7-15-4405 , that the council made the determination provided for in 7-15-4406 after the hearing, and that the mayor has appointed them as commissioners;

(b) the name and official residence of each of the commissioners, together with a certified copy of the appointment evidencing each commissioner's right to office, the date and place of induction into and taking oath of office, and that the commissioner's desire the housing authority to become a public body and a body corporate and politic under this part;

(c) the term of office of each of the commissioners;

(d) the name that is proposed for the corporation; and

(e) the location of the principal office of the proposed corporation.

(2) The application must be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of the state to take and certify oaths, who shall certify upon the application that the officer personally knows the commissioners and knows them to be the officers as asserted in the application and that each subscribed and swore to the application in the officer's presence.
Mont. Code Ann. § 7-22-2109 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2109
7-22-2109 Powers and duties of board
Status: in_force

7-22-2109 . Powers and duties of board. (1) In addition to any powers or duties established in the resolution creating a district weed board, the board may:

(a) supervise a coordinator and other employees and provide for their compensation;

(b) purchase herbicide, materials, and equipment and pay other operational costs necessary for implementing an effective noxious weed management program. The costs must be paid from the noxious weed fund.

(c) determine what herbicide, materials, or equipment may be made available to persons controlling weeds on their own land. The cost for the herbicide, materials, or equipment must be paid by the person and collected as provided in this part.

(d) enter into agreements with the department for the control and eradication of any new exotic plant species not previously established in the state that may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial use if the plant species spreads or threatens to spread into the state;

(e) enter into cost-share agreements for noxious weed management;

(f) enter into agreements with commercial applicators, as defined in 80-8-102 , for the control of noxious weeds;

(g) request legal advice and services from the county attorney; and

(h) perform other activities relating to weed management.

(2) The board shall:

(a) administer the district's noxious weed management program;

(b) establish management criteria for noxious weeds on all land within the district; and

(c) make all reasonable efforts to develop and implement a noxious weed management program covering all land within the district owned or administered by a federal agency.
Mont. Code Ann. § 7-7-2259 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2259
7-7-2259 Delivery of bonds
Status: in_force

7-7-2259 . Delivery of bonds. The county treasurer shall deliver the bonds to the purchaser upon receiving full payment for the bonds.
Mont. Code Ann. § 7-32-4102 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4102
7-32-4102 Applicability of part
Status: in_force

7-32-4102 . Applicability of part. (1) This part shall in all respects be applicable to and shall govern and control police departments in every such city or town organized under any form of municipal government except where this part is in conflict with the commission form of government provided for in part 42 of chapter 3 and amendments thereto.

(2) Where the provisions of this part do conflict with the provisions of said part 42 and the amendments thereto pertaining to the commission form of government, the provisions pertaining to the commission form of government shall prevail.
Mont. Code Ann. § 7-3-185 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-185
7-3-185 Scope of study commission recommendations
Status: in_force

7-3-185 . Scope of study commission recommendations. (1) (a) A study commission examining the government of a county may:

(i) recommend amendments to the existing plan of government;

(ii) recommend any plan of government authorized by Title 7, chapter 3, parts 1 through 6;

(iii) draft a charter;

(iv) recommend municipal-county consolidation or amendments to an existing consolidation;

(v) in cooperation with a study commission in an adjoining county, recommend county merger; or

(vi) submit no recommendation.

(b) In addition to one of the items in subsection (1)(a), a county study commission may recommend service consolidation or transfer in cooperation with a study commission of another county or with a study commission of one or more municipalities.

(2) (a) A study commission examining the government of a municipality may:

(i) recommend amendments to the existing plan of government;

(ii) recommend any plan of government authorized by Title 7, chapter 3, parts 1 through 6;

(iii) draft a charter;

(iv) recommend municipal-county consolidation;

(v) recommend disincorporation; or

(vi) submit no recommendation.

(b) In addition to one of the items in subsection (2)(a), a municipal study commission may recommend service consolidation or transfer in cooperation with:

(i) a county study commission;

(ii) a county study commission and one or more municipal study commissions; or

(iii) one or more municipal study commissions.
Mont. Code Ann. § 7-14-1639 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1639
7-14-1639 Procedure to enlarge authority
Status: in_force

7-14-1639 . Procedure to enlarge authority. (1) The directors of an authority may by resolution enlarge the boundaries of the authority in accordance with the procedures of notice and hearing in 7-14-1612 .

(2) The property within an addition to the authority is subject to the existing indebtedness of the authority.
Mont. Code Ann. § 7-32-4137 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4137
7-32-4137 Effect on probationary status
Status: in_force

7-32-4137 . Effect on probationary status. If the injured officer is on probationary status at the time of injury, the balance of the probationary time must be suspended until the officer returns to regular duty or is discharged for cause.
Mont. Code Ann. § 7-3-1315 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1315
7-3-1315 Certification of certain obligations by finance director
Status: in_force

7-3-1315 . Certification of certain obligations by finance director. (1) A contract, agreement, or other obligation, other than contracts pertaining to work or improvements to be paid for by special assessments, involving the expenditure of any funds may not be entered into nor may any order for expenditures be valid unless the director of finance first certifies to the commission that the object or purpose for which the expenditure is to be made and the amount of the expenditure are provided for by an appropriation in the annual budget or in a supplemental budget and that the appropriation has not been expended. The certificate of the director of finance must be filed and made a matter of record in the director's office, and the appropriation for that purpose must be considered as having been set aside and expended in the amount of the contract, agreement, or obligation.

(2) All contracts, agreements, or other obligations entered into, all ordinances and resolutions passed, and all orders adopted contrary to the provisions of subsection (1) are void, and a person may not have any claim or demand against the municipality, nor may the commission or any officer of the municipality waive or qualify the limitations fixed by subsection (1) or incur for the municipality any liability in excess of the limitations.
Mont. Code Ann. § 7-12-4429 — MT Code / Title 7 / Chapter 12 / Part 44 / Section 7-12-4429
7-12-4429 Financial assistance options
Status: in_force

7-12-4429 . Financial assistance options. Cities and towns are authorized to:

(1) enter into suitable agreements with the United States of America, the state of Montana, or a building and loan association, savings and loan association, bank, or credit union that is a regulated lender as defined in 31-1-111 for loans of money and for receiving financial assistance to do the work and improvements contemplated by 7-12-4405 ; and

(2) provide for the repayment of the loans by yearly payments from funds derived from districts created under 7-12-4402 , apportioned over a period of time not exceeding 20 years.
Mont. Code Ann. § 7-2-2807 — MT Code / Title 7 / Chapter 2 / Part 28 / Section 7-2-2807
7-2-2807 Transfer of certified copies -- costs to be reimbursed -- tax levy authorized
Status: in_force

7-2-2807 . Transfer of certified copies -- costs to be reimbursed -- tax levy authorized. (1) Upon a resolution adopted as provided in 7-2-2806 , the county clerk in the county from which property will be transferred shall prepare certified copies of the indexes to recorded documents maintained by the county clerk pursuant to 7-4-2619 .

(2) (a) The clerk shall contract with a land title company that maintains a geographical tract index of the recorded documents in the county to prepare an abstract of the property to be transferred. The abstract must include deeds, mortgages, assignments of mortgages, leases, mining claims, and any other documents recorded from the date that the county was created to the date of the boundary change implementation as provided in 7-2-2806 .

(b) The land title company with which the clerk contracts must be a member in good standing of the Montana land title association.

(3) The clerk shall certify each copy of the recorded documents included in the abstract and shall transfer all copies of indexes and recorded documents certified pursuant to this section to the county clerk of the county to which the property will be transferred. The clerk of the county to which the property will be transferred shall record the documents pursuant to 7-4-2617 and shall maintain an index of the documents pursuant to 7-4-2619 .

(4) Actual or customary costs incurred by a county in complying with subsections (1) through (3) must be reimbursed to the county from which certified copies are transferred. Subject to 15-10-420 , the county to which records are transferred may levy a property tax against the property that has been transferred in the amount necessary to reimburse the county that incurred the costs. The property tax levied as provided in this subsection may be collected over a period of up to 5 years.
Mont. Code Ann. § 7-34-2163 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2163
7-34-2163 Decision on dissolution petition
Status: in_force

7-34-2163 . Decision on dissolution petition. The commissioners shall enter upon their minutes an order dissolving such district if, upon the hearing provided for in 7-34-2162 , the commissioners find:

(1) such petition to be sufficient;

(2) that the district is not indebted in any amount beyond funds immediately available to extinguish all of its debts and obligations; and

(3) that there is good reason for the dissolution of such district.
Mont. Code Ann. § 7-4-2717 — MT Code / Title 7 / Chapter 4 / Part 27 / Section 7-4-2717
7-4-2717 Other duties
Status: in_force

7-4-2717 . Other duties. The county attorney must perform such other duties as are prescribed by law.
Mont. Code Ann. § 7-2-2222 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2222
7-2-2222 Effect of election -- resolution by county commissioners
Status: in_force

7-2-2222 . Effect of election -- resolution by county commissioners. (1) If, upon the canvass of the votes cast at the election, it appears that more than 50% of the votes cast by those voting in an election under 7-2-2215 (1) in the county, by those voting in the same election in the territory proposed to be taken from the county, and by those voting in an election held under 7-2-2215 (4) are affirmative, the board of county commissioners shall, by a resolution entered upon its minutes:

(a) declare the new or enlarged county duly formed and created as a county of this state under the name of .... County;

(b) if appropriate, declare that the city or town receiving the highest number of votes cast at the election for county seat is the county seat of the county until removed in the manner provided by law; and

(c) declare the individuals receiving, respectively, the highest number of votes for the offices to be filled at the election to be duly elected to the offices.

(2) If upon the canvass it appears that more than 50% of the votes cast on the issue by those voting in the county, by those voting in the territory proposed to be taken from the county, or by those voting in an election held under 7-2-2215 (4) are negative, the board canvassing the vote shall pass a resolution in accordance with the vote and the proceedings relating to division of the county or counties must cease. No other proceedings in relation to any other division of the old county or counties may be instituted for at least 4 years after the determination.
Mont. Code Ann. § 7-13-3032 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3032
7-13-3032 Charges for costs when federal funding is sought
Status: in_force

7-13-3032 . Charges for costs when federal funding is sought. Notwithstanding any other section of this part or a limitation imposed in this part, when the governing body has applied for funds pursuant to 7-13-3031 , the governing body may adopt a system of charges and rates to require that each recipient of services pays its proportionate share of the costs of operation, maintenance, and replacement and to require industrial users of services to pay that portion of the cost of construction of the system that is allocable to the industrial user.
Mont. Code Ann. § 7-15-4304 — MT Code / Title 7 / Chapter 15 / Part 43 / Section 7-15-4304
7-15-4304 Presumption of regularity of bond issuance
Status: in_force

7-15-4304 . Presumption of regularity of bond issuance. In a suit, action, or proceeding involving the validity or enforceability of or security for any bond issued under Title 7, chapter 15, part 42, and this part, a bond reciting in substance that it has been issued by the local government or municipality in connection with an urban renewal project or targeted economic development district project is conclusively considered to have been issued for that purpose and the project is conclusively considered to have been planned, located, and carried out in accordance with the provisions of Title 7, chapter 15, part 42, and this part.
Mont. Code Ann. § 7-7-4608 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4608
7-7-4608 Refunding revenue bonds to be fully negotiable
Status: in_force

7-7-4608 . Refunding revenue bonds to be fully negotiable. Notwithstanding the form or tenor thereof and in the absence of an express recital on the face thereof that the bond is nonnegotiable, all refunding bonds shall at all times be and shall be treated as fully negotiable within the meaning of and for the purposes of the Uniform Commercial Code--Investment Securities.
Mont. Code Ann. § 7-12-2117 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2117
7-12-2117 Record of expenses to be kept by engineer
Status: in_force

7-12-2117 . Record of expenses to be kept by engineer. The engineer selected as provided in this part shall keep an account in the engineer's office of all costs and expenses incurred in connection with each special improvement district and shall certify the costs and expenses to the county clerk.
Mont. Code Ann. § 7-2-2202 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2202
7-2-2202 Limitations on creation of new counties
Status: in_force

7-2-2202 . Limitations on creation of new counties. (1) A new county may not be established that reduces any county to an assessed valuation of less than $12 million, inclusive of all assessed valuation as shown by the last preceding assessment.

(2) A new county may not be formed that contains an assessed valuation of property less than $10 million, inclusive of all assessed valuation, as shown by the last preceding assessment of the county or counties from which the new county is to be established.

(3) A new county may not be established that reduces the area of any existing county from which territory is taken to form the new county to less than 500 square miles of surveyed land, exclusive of all forest reserve and Indian reservations within old counties.

(4) Except as provided in Title 7, chapter 2, part 28, territory may not be taken from one county and added to another county unless its surveyed area is greater than 49 square miles.

(5) A new county may not be formed that contains less than 250 square miles of surveyed land, exclusive of all forest reserve land or Indian reservations not open for settlement.
Mont. Code Ann. § 7-7-140 — MT Code / Title 7 / Chapter 7 / Part 1 / Section 7-7-140
7-7-140 Recovery zone economic development bonds and recovery zone facility bonds
Status: in_force

7-7-140 . Recovery zone economic development bonds and recovery zone facility bonds. (1) Subject to the conditions and provisions contained in the American Recovery and Reinvestment Act of 2009, Public Law 111-5, and the availability of allocation as determined in 17-5-116 , cities and counties are authorized to designate economic recovery zones and issue recovery zone economic development bonds and recovery zone facility bonds to finance the costs of recovery zone projects and facilities eligible under the American Recovery and Reinvestment Act of 2009, Public Law 111-5.

(2) The bonds must be authorized by the governing body of the city or county in accordance with the applicable provisions of Montana law, unless otherwise provided in 17-5-117 . The governing body is authorized to enter into agreements and make covenants that may be necessary to provide for the sale and security of the bonds, subject to the following limitations:

(a) if the bonds that are issued under this section pledge the city's or county's credit or taxing power, they must be authorized in accordance with the provisions of Title 7, chapter 7, part 22 or 42, as appropriate;

(b) if the bonds are payable from and secured solely by the revenue from a governmentally owned and operated facility or undertaking, they must be authorized in accordance with the provisions of Title 7, chapter 7, part 44;

(c) if the bonds are payable from special assessments levied against benefited property, the project must be eligible for special assessment financing and must be authorized in accordance with the provisions of Title 7, chapter 12, part 21 or parts 41 and 42, as appropriate;

(d) if the bonds are payable from tax increment revenue, the project to be financed must be eligible for tax increment financing and the project must be approved and the bonds must be authorized in accordance with the provisions of Title 7, chapter 15, parts 42 and 43;

(e) if the bonds are industrial development revenue bonds of the issuer, the bonds must be authorized in accordance with the provisions of Title 90, chapter 5, part 1.
Mont. Code Ann. § 7-2-4401 — MT Code / Title 7 / Chapter 2 / Part 44 / Section 7-2-4401
7-2-4401 What constitutes contiguous land for purpose of part
Status: in_force

7-2-4401 . What constitutes contiguous land for purpose of part. The land proposed to be annexed to a municipality under the provisions of this part shall be deemed contiguous to such municipality even though such land may be separated from such municipality by a street or other roadway, a sidewalk, a public way of any kind, an irrigation ditch or drainage ditch, or some other strip too small for the erection of houses.
Mont. Code Ann. § 7-3-1248 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1248
7-3-1248 Departments of consolidated municipality
Status: in_force

7-3-1248 . Departments of consolidated municipality. (1) (a) In consolidated municipalities of the first, second, third, or fourth class, there shall be a department of finance, a police department, a department of public works, a department of health, a fire department, and such other departments and offices as may be established by ordinance.

(b) In consolidated municipalities of the fifth, sixth, or seventh class, there shall be a department of finance, a police department, a department of public works, a department of health, and such other departments and offices as may be established by ordinance.

(2) The commission may change or abolish any department or office established by ordinance and may prescribe, combine, distribute, or discontinue the functions and duties thereof. Additional functions and duties may be by ordinance assigned to departments and offices created by this part or part 13, but no function or duty assigned by this part or part 13 to any such department or office shall be discontinued or assigned to any other department or office. If the manager so recommends and the commission so authorizes, the manager may appoint one person to act as the head of two or more departments or offices, but the department of law may not thus be joined with any other department, nor may the manager be authorized to act as head of the department of finance or of any office therein other than of purchasing agent or assessor.
Mont. Code Ann. § 7-3-156 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-156
7-3-156 Effective date of alternative form or amendment -- officers
Status: in_force

7-3-156 . Effective date of alternative form or amendment -- officers. (1) A change in form of government or plan of government approved by the electors takes effect when the new officers take office pursuant to 7-3-161 , except as otherwise provided in any charter or transition plan. A consolidation or merger plan adopted by the electors takes effect in the same manner.

(2) Provisions creating offices and establishing qualifications for office under any apportionment plan become effective immediately for the purpose of electing officials.

(3) An amendment to the plan of an existing form of government becomes effective at the beginning of the local government's fiscal year commencing after the election results are officially declared unless the plan provides for an increase in the number or type of elective officers, in which case the amendment takes effect when the new officers take office.