Mont. Code Ann. § 7-15-4235 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4235
7-15-4235 Restrictions on agency commissioners holding other public office
Status: in_force

7-15-4235 . Restrictions on agency commissioners holding other public office. A majority of the commissioners of an urban renewal agency exercising powers pursuant to this part or part 43 shall not hold any other public office under the municipality other than their commissionership or office with respect to such urban renewal agency, department, or office.
Mont. Code Ann. § 7-15-4435 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4435
7-15-4435 Control of conflict of interest
Status: in_force

7-15-4435 . Control of conflict of interest. (1) A commissioner or employee of an authority may not acquire any interest, direct or indirect, in a housing project or in any property included or planned to be included in a project. A commissioner may not have any interest, direct or indirect, in a contract or proposed contract for materials or services to be furnished or used in connection with a housing project.

(2) (a) If a commissioner or employee of an authority owns or controls an interest, direct or indirect, in any property included or planned to be included in a housing project, the commissioner shall immediately disclose the interest in writing to the authority, and the disclosure must be entered upon the minutes of the authority.

(b) Failure to disclose an interest constitutes misconduct in office.
Mont. Code Ann. § 7-14-212 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-212
7-14-212 District to be governed by transportation board -- election of board
Status: in_force

7-14-212 . District to be governed by transportation board -- election of board. (1) The district must be governed by a transportation board. The commissioners and the governing bodies of each city or town included or partially included in the district shall determine if the board is to be elected or appointed. If the board is to be elected, the initial and subsequent elections of board members must be held in accordance with Title 13, chapter 1, part 5.

(2) The commissioners and the governing body by resolution shall:

(a) determine the number of board members;

(b) set the term of office;

(c) determine the makeup of the board with respect to the number of appointed members that will represent each county, city, or town;

(d) determine the number of candidates for an elected board whose names must be placed on the ballot; and

(e) establish a procedure for filling vacancies on the board, including a provision for public notice.

(3) The commissioners and the governing body may, at any time, adopt a resolution changing the method by which the members of the board are selected. The resolution must contain a provision that the term of office of the current members of the board may not be shortened.

(4) If the board is elected and if the number of candidates is equal to or less than the number of positions to be elected, the election administrator may cancel the election in accordance with 13-1-304 . If an election is not held, the board shall declare elected by acclamation each candidate who filed a nominating petition for a position.

(5) If there are no nominees for an elective office of a member of the board, the vacancy must be filled as provided in subsection (2)(e).

(6) A member of the board taking office pursuant to subsection (4) or (5) serves a term of office as if elected to that office.
Mont. Code Ann. § 7-14-4624 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4624
7-14-4624 Powers of commission related to financial management
Status: in_force

7-14-4624 . Powers of commission related to financial management. Each parking commission, subject to the limitations imposed by this part, shall have the following powers:

(1) to receive, control, and order the expenditure of any and all money and funds pertaining to parking facilities or related properties, including, without limiting the generality of this provision:

(a) all revenues derived from operations of the commission;

(b) all money appropriated or made available by the city pursuant to this section or otherwise;

(c) the proceeds of all financial aid or assistance by the city, federal, or state governments;

(d) the proceeds of levied assessments;

(e) the proceeds of all revenue bonds issued pursuant to this part by the city for parking facilities;

(2) to invest any funds held in reserve or sinking funds or any funds not required for immediate disbursement in property or securities in which cities may legally invest funds subject to their control, but no such investment shall be made in contravention of any covenant or agreement made with the holders of any revenue bonds of the commission theretofore issued and then outstanding.
Mont. Code Ann. § 7-12-4142 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4142
7-12-4142 Opening of bids
Status: in_force

7-12-4142 . Opening of bids. The bids shall be opened in public at a time and place to be designated by the city council in the notice inviting bid proposals made pursuant to 7-12-4141 .
Mont. Code Ann. § 7-13-3041 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3041
7-13-3041 Acquisition of private water supply system
Status: in_force

7-13-3041 . Acquisition of private water supply system. (1) If a franchise has been granted to or a contract made with any person or corporation and the person or corporation has established or maintained a system of water supply or has valuable water rights or a supply of water desired by the district for supplying the district with water, the governing body granting the franchise, entering the contract, or desiring the water supply shall, by the passage of a resolution, give notice to the person or corporation that it desires to purchase the plant, franchise, or water supply of the person or corporation.

(2) The governing body passing a resolution as provided in subsection (1) may purchase the plant, franchise, or water supply upon terms agreed to by the parties.

(3) In case agreement is not reached in accordance with subsection (2), the governing body may take the plant, franchise, or water supply by eminent domain in accordance with Title 70, chapters 30 and 31.
Mont. Code Ann. § 7-32-203 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-203
7-32-203 Provision of workers' compensation coverage
Status: in_force

7-32-203 . Provision of workers' compensation coverage. (1) Each law enforcement agency that utilizes reserve officers or special services officers shall provide full workers' compensation coverage for the officers while they are providing actual service for a law enforcement agency. The law enforcement agencies shall pay to the insurer an appropriate premium, as established by the insurer, to cover the insurance risk of providing coverage to the officers.

(2) Each law enforcement agency that utilizes auxiliary officers shall provide full workers' compensation coverage for the officers while they are providing actual service for a law enforcement agency.
Mont. Code Ann. § 7-14-2125 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2125
7-14-2125 Inspection of roads and work on roads
Status: in_force

7-14-2125 . Inspection of roads and work on roads. (1) The board of county commissioners may direct the county surveyor or some member or members of the board to inspect the condition of any road. It may direct such persons to inspect any work, being done under contract or otherwise, which is under the direction, supervision, or control of the board. Such inspections may be made before any work is commenced, during its progress, or after completion and before payment.

(2) Proper minute entries of such inspections must be made by the surveyor or board member or members at the next regular meeting of the board.
Mont. Code Ann. § 7-7-2226 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2226
7-7-2226 Delivery of certified petition to board of county commissioners
Status: in_force

7-7-2226 . Delivery of certified petition to board of county commissioners. (1) After completing the certificate required by 7-7-2225 , the election administrator shall deliver the certified petition to the board of county commissioners.

(2) When the petition has been filed with the election administrator and the administrator has found that it has a sufficient number of signers qualified to sign it, the administrator shall place the petition before the board at its first meeting held after certification.
Mont. Code Ann. § 7-8-2609 — MT Code / Title 7 / Chapter 8 / Part 26 / Section 7-8-2609
7-8-2609 Permits for small commercial timber harvest
Status: in_force

7-8-2609 . Permits for small commercial timber harvest. Permits may be issued to citizens of Montana for commercial purposes at commercial rates without advertising, under such restrictions and rules as the board of county commissioners may approve, for timber in quantities of 100,000 feet board measure or less. Repeated permits of this kind shall not be issued to avoid advertising and the consequent competition secured thereby.
Mont. Code Ann. § 7-13-2302 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2302
7-13-2302 Levy of taxes to meet bond obligations and other expenses
Status: in_force

7-13-2302 . Levy of taxes to meet bond obligations and other expenses. (1) If for any reason the revenue of the district is inadequate to pay the interest or principal of any bonded debt as it becomes due, exclusive of revenue or special assessment bonded indebtedness incurred pursuant to 7-13-2333 or bonded indebtedness incurred to refund the revenue or special assessment bonded indebtedness without authorization at an election, or any other expenses or claims against the district, then the board of directors shall, at least 15 days before the first day of the month in which the board of county commissioners of the county, city and county, or counties in which the district is located are required by law to levy the amount of taxes required for county or city and county purposes, furnish to the board or boards of county commissioners and to the auditor or auditors, respectively, an estimate in writing:

(a) of the amount of money required by the district for the payment of the principal of or interest on any bonded debt as it becomes due;

(b) of the amount of money required to establish reasonable reserve funds for either purpose, together with a description of the lands benefited by the bonds, as stated by the board of directors in the resolution declaring the necessity to incur bonded indebtedness; and

(c) of the amount of money required by the district for any other purpose set forth in this section.

(2) The board of county commissioners of the county or city and county, annually, at the time and in the manner of levying other county or city and county taxes, shall:

(a) until any bonded debt is fully paid, levy upon the benefited lands and collect the proportionate share to be borne by the land located in their county of a tax sufficient for the payment of the bonded debt, to be known as the ...... district bond tax; and

(b) until all other expenses or claims are fully paid, levy upon all of the lands of the district and collect the proportionate share to be borne by the land located in their county of a tax sufficient for the payment of the other expenses or claims, to be known as the ....... district water and/or sewer tax.

(3) Taxes for the payment of any bonded debt must be levied on the property benefited, as stated by the board of directors in the resolution declaring the necessity for the bonds, and all taxes for other purposes must be levied on all property in the territory comprising the district.
Mont. Code Ann. § 7-15-4240 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4240
7-15-4240 Misconduct in office
Status: in_force

7-15-4240 . Misconduct in office. Any violation of the provisions of 7-15-4235 or 7-15-4239 shall constitute misconduct in office.
Mont. Code Ann. § 7-7-4431 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4431
7-7-4431 Liens arising from bonds
Status: in_force

7-7-4431 . Liens arising from bonds. The resolution or resolutions shall specify and define the revenues or portion thereof which are appropriated and pledged for the security and payment of the bond principal and interest and the relative security of liens on the revenues in favor of bonds of one or more series or issues, whether issued concurrently or at different times.
Mont. Code Ann. § 7-13-2283 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2283
7-13-2283 Collection of assessments by county treasurer -- delinquencies
Status: in_force

7-13-2283 . Collection of assessments by county treasurer -- delinquencies. (1) When any resolution of assessment has been certified by the secretary and the county clerk and recorder, it is the duty of the county treasurer in the county in which the lot, tract, or parcel is located, in accordance with the provisions of this title, to collect the assessment in the same manner and at the same time as taxes for general and municipal purposes are collected.

(2) When the payment of an installment of a special assessment becomes delinquent, all payments of subsequent installments of the special assessment may, at the option of the board of directors and upon adoption of the appropriate resolutions, become delinquent. Upon delinquency in one or all installments, the whole property must be sold the same as other property is sold for taxes. The enforcement of the lien of any installment of a special assessment by any method authorized by law does not prevent the enforcement of the lien of any subsequent installment when it becomes delinquent.
Mont. Code Ann. § 7-11-1102 — MT Code / Title 7 / Chapter 11 / Part 11 / Section 7-11-1102
7-11-1102 Services that may be provided
Status: in_force

7-11-1102 . Services that may be provided. (1) A multijurisdictional service district may provide only those services that are authorized to be provided by local governments.

(2) The services that a multijurisdictional service district may provide are:

(a) recreation programs other than park and recreation programs in a county park district established under Title 7, chapter 11, part 10;

(b) road, street, and highway maintenance;

(c) libraries;

(d) jails;

(e) dog control programs;

(f) ambulance service;

(g) dispatch service;

(h) protection of human health and the environment, including scenic concerns and recreational activities for areas requiring or involving environmental reclamation;

(i) health services and health department functions; and

(j) maintenance or provision of any public infrastructure facility, project, or service.
Mont. Code Ann. § 7-2-4917 — MT Code / Title 7 / Chapter 2 / Part 49 / Section 7-2-4917
7-2-4917 Procedure to collect receivables
Status: in_force

7-2-4917 . Procedure to collect receivables. (1) The board of county commissioners shall make provisions for the collection of the amounts due a corporation and for the closing up of its affairs, and any act or acts necessary for that purpose and not otherwise provided shall, upon order of the board, be performed by the officer or officers performing similar duties for the county as if it had been performed by the proper officer of the city or town before disincorporation.

(2) The county shall succeed to and possess all rights of the corporation to indebtedness and has power to sue for or otherwise collect any debts in the name of the county.
Mont. Code Ann. § 7-13-113 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-113
7-13-113 Change of boundaries -- limitations
Status: in_force

7-13-113 . Change of boundaries -- limitations. (1) The county commissioners may by resolution make such changes in the boundaries of a district as they shall deem reasonable and proper but may not delete any portion of the proposed area which will create an island of included or excluded lands.

(2) They may not delete any portion of the proposed area which is contributing or may reasonably be expected to contribute to the pollution of any watercourse or body of water in the proposed area.

(3) For the purpose of subsection (2), it will be conclusively presumed that an area which is within 1,500 feet of a proposed or existing sanitary sewer is contributing to the pollution of a watercourse in the proposed area.
Mont. Code Ann. § 7-2-2406 — MT Code / Title 7 / Chapter 2 / Part 24 / Section 7-2-2406
7-2-2406 Filing of transcribed records
Status: in_force

7-2-2406 . Filing of transcribed records. All records so transcribed, when certified to as being full, complete, and correct, shall be delivered to the county clerk and recorder of the segregated county, shall be filed in the office of the county clerk and recorder of such segregated county, and shall thereupon become and be a part of the records of such county.
Mont. Code Ann. § 7-4-2704 — MT Code / Title 7 / Chapter 4 / Part 27 / Section 7-4-2704
7-4-2704 Limitations on activities of county attorneys and deputy county attorneys
Status: in_force

7-4-2704 . Limitations on activities of county attorneys and deputy county attorneys. (1) The county attorney, except for the county attorney's personally rendered services, may not present a claim, account, or other demand for allowance against the county or in any way advocate the relief asked on the claim or demand made by another.

(2) Except as provided in subsection (4), in each county in which the office of county attorney is a full-time position pursuant to 7-4-2706 , the county attorney is prohibited from engaging in the private practice of law or sharing directly or indirectly in the profits of any private practice of law, except that the county attorney may engage in self-representation and may represent the county attorney's immediate family.

(3) Except as provided in subsection (4), a deputy county attorney in a county in which the office of county attorney is a full-time position pursuant to 7-4-2706 who is paid 70% or more of the county attorney's salary is prohibited from engaging in the private practice of law or sharing directly or indirectly in the profits of any private practice of law, except as to those matters in which the deputy county attorney has a direct interest.

(4) Any elected or appointed county attorney and any deputy county attorney must, upon demonstration of need to the board of county commissioners, be granted a period of time, not to exceed 3 months from the date that the person takes office, to complete any pending matters remaining from a previous private practice of law. During that time, the county attorney and any appointed deputy are bound by the customary rules of ethics applicable to attorneys at law.
Mont. Code Ann. § 7-15-4281 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4281
7-15-4281 Financial authority in connection with urban renewal
Status: in_force

7-15-4281 . Financial authority in connection with urban renewal. (1) A municipality shall have power to:

(a) borrow money and apply for and accept advances, loans, grants, contributions, and any other form of financial assistance for the purposes of this part and enter into and carry out contracts in connection with the financial assistance from:

(i) the federal government;

(ii) the state, a county, or any other public body; or

(iii) any sources, public or private;

(b) (i) appropriate funds and make expenditures as may be necessary to carry out the purposes of this part; and

(ii) subject to 15-10-420 and in accordance with state law, levy taxes and assessments for the purposes of this part;

(c) invest any urban renewal project funds held in reserves or sinking funds or any funds that are not required for immediate disbursement in property or securities in which mutual savings banks may legally invest funds subject to their control;

(d) adopt, in accordance with state law, annual budgets for the operation of an urban renewal agency, department, or office vested with urban renewal project powers under 7-15-4231 ;

(e) enter, in accordance with state law, into agreements, which may extend over any period, with agencies or departments vested with urban renewal project powers under 7-15-4231 respecting action to be taken by the municipality pursuant to any of the powers granted by part 43 or this part;

(f) close, vacate, plan, or replan streets, roads, sidewalks, ways, or other places and plan or replan, zone or rezone any part of the municipality in accordance with state law.

(2) A municipality may include in any application or contract for financial assistance with the federal government for an urban renewal project the conditions imposed pursuant to federal laws that the municipality may consider reasonable and appropriate and that are not inconsistent with the purposes of part 43 and this part.
Mont. Code Ann. § 7-23-102 — MT Code / Title 7 / Chapter 23 / Part 1 / Section 7-23-102
7-23-102 Seizure and impounding of dogs running at large without tag
Status: in_force

7-23-102 . Seizure and impounding of dogs running at large without tag. A dog found running at large without a valid current dog license tag issued by the authority of a county or municipal corporation pursuant to the provisions of part 21, 7-23-4103 , and this part may be seized and impounded by any sheriff, deputy sheriff, police officer, game warden, county poundmaster, or other law enforcement officer.
Mont. Code Ann. § 7-14-2801 — MT Code / Title 7 / Chapter 14 / Part 28 / Section 7-14-2801
7-14-2801 General powers of county relating to ferries
Status: in_force

7-14-2801 . General powers of county relating to ferries. The board of county commissioners, under limitations and restrictions as are prescribed by law, may:

(1) lay out, maintain, control, and manage county ferries within the county and, subject to 15-10-420 , levy taxes for county ferries as provided by law;

(2) in the exercise of sound discretion, jointly with other counties, lay out, maintain, control, manage, and improve county ferries in adjacent counties, wholly or in part as may be agreed upon between the boards of the counties concerned, and subject to 15-10-420 , levy taxes as provided by law.
Mont. Code Ann. § 7-32-217 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-217
7-32-217 Restrictions on carrying weapons
Status: in_force

7-32-217 . Restrictions on carrying weapons. No reserve officer may carry a weapon:

(1) while on assigned duty until the reserve officer has qualified on the firing range with a weapon in compliance with the firearms qualifying course conducted by the Montana law enforcement academy; and

(2) until authorized by the chief law enforcement administrator to carry a weapon.
Mont. Code Ann. § 7-15-4126 — MT Code / Title 7 / Chapter 15 / Part 41 / Section 7-15-4126
7-15-4126 Regulation of partition fences and party walls
Status: in_force

7-15-4126 . Regulation of partition fences and party walls. The city or town council has power to regulate partition fences and party walls not already constructed.
Mont. Code Ann. § 7-11-1035 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1035
7-11-1035 Energy performance contracts exempt
Status: in_force

7-11-1035 . Energy performance contracts exempt. This part does not apply to solicitation and award of an investment-grade energy audit or energy performance contract pursuant to Title 90, chapter 4, part 11, or to the construction or installation of conservation measures pursuant to the energy performance contract.
Mont. Code Ann. § 7-31-107 — MT Code / Title 7 / Chapter 31 / Part 1 / Section 7-31-107
7-31-107 Authorization for municipality to issue bonds -- election required
Status: in_force

7-31-107 . Authorization for municipality to issue bonds -- election required. (1) If the petition is presented to the council of any incorporated city or town, the council, for the purpose of raising money to meet the payments under the terms and conditions of the contract and other necessary and proper expenses for the contract and for the approval or disapproval of the petition, shall:

(a) ascertain, within 30 days after submission of the petition, the aggregate indebtedness of the city or town; and

(b) submit, after ascertaining the aggregate indebtedness, to the electors of the city or town the proposition to approve or disapprove the contract and the issuance of bonds necessary to carry out the contract. The election must be held in conjunction with a regular or primary election.

(2) The amount of the bonds authorized by this section may not exceed 0.9% of the total assessed value of taxable property, determined as provided in 15-8-111 , within the city or town, inclusive of the existing indebtedness of the city or town, as ascertained in the manner provided in this part.
Mont. Code Ann. § 7-12-4206 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4206
7-12-4206 Redemption of bonds and warrants
Status: in_force

7-12-4206 . Redemption of bonds and warrants. (1) Special improvement district warrants or bonds must be redeemed on any interest payment date from the proceeds of the bonds or warrants remaining after payment of all costs of the improvements, as provided in 7-12-4205 , or from the prepayment of assessments levied in the district. Special improvement district bonds or warrants may be otherwise subject to redemption and prepayment at the option of the city, as provided in the resolution authorizing the issuance of the bonds.

(2) The date of redemption must be fixed by the treasurer and may not be less than 30 days after the date of publication or mailing of the notice, and on the date fixed, interest ceases. The treasurer shall give written notice to the holders of the warrants or bonds to be redeemed, if their addresses are known, of the number of warrants or bonds to be redeemed and the date on which payment will be made. If the addresses of the holders of all bonds or warrants to be redeemed are not known, the treasurer shall publish notice of redemption once in a newspaper published in the city.
Mont. Code Ann. § 7-11-1023 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1023
7-11-1023 Alteration of special districts
Status: in_force

7-11-1023 . Alteration of special districts. (1) Subject to subsections (2) and (3), the governing body may change the boundaries of any special district by resolution.

(2) The boundaries may be altered by petition after complying with the requirements for petitions as provided in 7-11-1003 .

(3) Alteration of special district boundaries is also subject to procedures for public notice, protest, referendum, certification, reporting, and establishment of assessment as provided in 7-11-1006 through 7-11-1008 , 7-11-1011 through 7-11-1015 , and 7-11-1024 .

(4) Changes made to the boundaries may not:

(a) occur more than once each year unless the governing body makes a special finding that an alteration is necessary;

(b) delete any portion of the area if the deletion will create an island of included or excluded lands;

(c) delete any portion of the area that is negatively contributing or may reasonably be expected to negatively contribute to environmental impacts that fall within the scope of the special district's program; and

(d) affect indebtedness existing at the time of the change.
Mont. Code Ann. § 7-12-4166 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4166
7-12-4166 Land fronting excepted work not subject to assessment
Status: in_force

7-12-4166 . Land fronting excepted work not subject to assessment. The lots or portions of lots fronting upon excepted work referred to in 7-12-4117 , already done, shall not be included in the assessment for the class of work from which the exception is made, provided that this shall not be construed so as to affect the special provisions as to grading contained in 7-12-4167 .
Mont. Code Ann. § 7-3-223 — MT Code / Title 7 / Chapter 3 / Part 2 / Section 7-3-223
7-3-223 Size of commission and community councils
Status: in_force

7-3-223 . Size of commission and community councils. The size of the commission, which shall be a number not less than three, shall be established when the form is adopted by the voters, and:

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

(2) community councils to advise commissioners may be authorized by ordinance.
Mont. Code Ann. § 7-22-2502 — MT Code / Title 7 / Chapter 22 / Part 25 / Section 7-22-2502
7-22-2502 Establishment of program -- cooperation
Status: in_force

7-22-2502 . Establishment of program -- cooperation. (1) A governing body may establish a program to manage and suppress vertebrate pests.

(2) A governing body that establishes a program under subsection (1) must cooperate with the department in the management and suppression of vertebrate pests, including cooperation in regard to the department's organized and systematic plans covering methods and procedures to be followed in the management and suppression of vertebrate pests.

(3) A governing body, in cooperation with the department, may enter into cooperative agreements with state and federal governmental agencies, counties, rodent control districts, associations, corporations, or individuals when cooperation is necessary to promote the management and suppression of vertebrate pests.
Mont. Code Ann. § 7-7-2207 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2207
7-7-2207 Redemption of bonds
Status: in_force

7-7-2207 . Redemption of bonds. Other than refunding bonds, all bonds issued for a longer term than 5 years must be redeemable at the option of the county on any interest payment date after one-half of the term for which they were issued has expired, and the redemption option must be stated on the face of the bonds.
Mont. Code Ann. § 7-4-2902 — MT Code / Title 7 / Chapter 4 / Part 29 / Section 7-4-2902
7-4-2902 Vacancy in office of county coroner or disqualification of coroner
Status: in_force

7-4-2902 . Vacancy in office of county coroner or disqualification of coroner. (1) The coroner, or the board of county commissioners if the coroner is unable or refuses to act, shall request the coroner or a qualified deputy coroner of another county to be acting county coroner if the coroner:

(a) is absent or unable to attend to duties or if the office of coroner is vacant and there are no qualified deputies available;

(b) is related to the deceased;

(c) is a potential party in an action concerning the death or the coroner's inquiry into the death may pose a conflict of interest;

(d) has not successfully completed the basic coroner course required in 7-4-2905 and there are no qualified deputies available; or

(e) is disqualified under the provisions of 46-4-201 .

(2) The salary of and expenses incurred by an acting coroner on behalf of a requesting county are an allowable charge against the requesting county.
Mont. Code Ann. § 7-16-2332 — MT Code / Title 7 / Chapter 16 / Part 23 / Section 7-16-2332
7-16-2332 Acceptance of federal aid authorized
Status: in_force

7-16-2332 . Acceptance of federal aid authorized. The park commissioners shall have authority to accept grants or loans from the United States government, subject to agreements in conformance to federal laws and regulations relating thereto, notwithstanding any provision of this part or other state statutes to the contrary.
Mont. Code Ann. § 7-3-708 — MT Code / Title 7 / Chapter 3 / Part 7 / Section 7-3-708
7-3-708 Limitations on charter provisions
Status: in_force

7-3-708 . Limitations on charter provisions. (1) Charter provisions may not conflict with the provisions of part 1, chapter 1, which establish statutory limitations on the powers of self-government units.

(2) Charter forms are subject to state laws establishing election, initiative, and referendum procedures; and charters shall not contain provisions establishing election, initiative, and referendum procedures.

(3) The charter shall not contain provisions establishing or modifying local court systems.
Mont. Code Ann. § 7-13-154 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-154
7-13-154 Loans from reserve fund to bond fund as lien
Status: in_force

7-13-154 . Loans from reserve fund to bond fund as lien. (1) Whenever any loan is made to any bond fund from the reserve fund, the reserve fund shall have a lien therefor on the land within the district which is delinquent in the payment of its assessments; on all unpaid assessments and installments of assessments on the district, whether delinquent or not; and on all money thereafter coming into the bond fund to the amount of such loan, together with interest thereon from the time it was made at the rate or percentage borne by the bond for payment of which or of interest thereon such loan was made.

(2) If, after all the bonds of the district have been fully paid and all money remaining in the bond fund has been transferred to the reserve fund, there still remains a debt from the district to the reserve fund, the board of county commissioners may foreclose the lien upon property within the district owing unpaid assessments to the district for the purpose of paying off said loan to the reserve fund.
Mont. Code Ann. § 7-2-2746 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2746
7-2-2746 Details relating to special warrant district
Status: in_force

7-2-2746 . Details relating to special warrant district. (1) The board of county commissioners creating a special warrant district shall, at the time of making and fixing tax levies for county purposes, subject to 15-10-420 , make and fix a levy against all taxable property within the special warrant district for the payment of the warrants and the interest on the warrants. The proceeds of the levy, when collected, must be deposited by the county treasurer in a separate fund that must be used for the payment of the warrants and interest on the warrants.

(2) The tax levy is not required to be made at a rate that will pay all of the warrants, with interest, in 1 year, but if the board considers it in the best interests of the taxpayers owning property within the special warrant district, the levy may be spread over a term of not more than 3 years.
Mont. Code Ann. § 7-12-4144 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4144
7-12-4144 Procedure if all bids rejected or no bids received
Status: in_force

7-12-4144 . Procedure if all bids rejected or no bids received. If the bids are rejected or no bids are received, the city council may, at any time within 2 years thereafter and whenever and as often as the council deems it advantageous, readvertise for proposals or bids for the performance of the work as herein provided without further proceedings and thereafter proceed in the manner provided in 7-12-4141 through 7-12-4145 .
Mont. Code Ann. § 7-3-218 — MT Code / Title 7 / Chapter 3 / Part 2 / Section 7-3-218
7-3-218 Selection of commission members
Status: in_force

7-3-218 . Selection of commission members. The commission shall be:

(1) elected at large;

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

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

(4) elected by any combination of districts, in which candidates must reside and which are apportioned by population, and at large.
Mont. Code Ann. § 7-21-2101 — MT Code / Title 7 / Chapter 21 / Part 21 / Section 7-21-2101
7-21-2101 General licensing power of counties
Status: in_force

7-21-2101 . General licensing power of counties. The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to grant such licenses as are provided by law.
Mont. Code Ann. § 7-5-4141 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4141
7-5-4141 Membership in organizations of municipal officers
Status: in_force

7-5-4141 . Membership in organizations of municipal officers. (1) The governing body of a city or town may pay:

(a) the membership fees and dues in any organization of city and town officials when the purpose of the organization is improvement of laws relating to city and town government and their better and more economical administration; and

(b) the necessary expenses of any regular officer or employee of the city or town in attending any convention or meeting of such organization upon the direction of the governing body by order upon its minutes, stating that the public interest requires such attendance.

(2) The payment of membership fees, dues, and/or expenses is to be made from such fund of the city or town as the governing body shall direct in the order, with the claim presented, audited, and allowed as are other claims against the city or town.
Mont. Code Ann. § 7-4-2802 — MT Code / Title 7 / Chapter 4 / Part 28 / Section 7-4-2802
7-4-2802 Employment of assistants to surveyor
Status: in_force

7-4-2802 . Employment of assistants to surveyor. If a party for whom the county survey is made does not furnish the assistants, the surveyor may employ the necessary assistants and receive payment for the reasonable wages of all assistants necessarily employed.
Mont. Code Ann. § 7-6-4402 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4402
7-6-4402 Tax-related duties of city treasurer
Status: in_force

7-6-4402 . Tax-related duties of city treasurer. It is the duty of the city treasurer to perform such duties in the collection of taxes, license fees, or assessments as are prescribed by law or ordinance.
Mont. Code Ann. § 7-2-4104 — MT Code / Title 7 / Chapter 2 / Part 41 / Section 7-2-4104
7-2-4104 Election on question of organization
Status: in_force

7-2-4104 . Election on question of organization. (1) After filing the petition and census, if there is the requisite number of inhabitants for the formation of a municipal corporation as required in 7-2-4103 , the county commissioners shall call an election for all the registered electors residing in the territory described in the petition.

(2) The election must be held at a convenient place within the territory described in the petition, to be designated by the board. The election must be conducted in accordance with Title 13, chapter 1, part 4.

(3) The ballots used at the election must contain the words "For incorporation" or "Against incorporation".
Mont. Code Ann. § 7-5-4207 — MT Code / Title 7 / Chapter 5 / Part 42 / Section 7-5-4207
7-5-4207 Penalties for violation of municipal ordinances
Status: in_force

7-5-4207 . Penalties for violation of municipal ordinances. (1) Except as provided in 7-5-4209 and subsection (2) of this section, the city or town council may impose fines and penalties for the violation of any city ordinance, but a fine or penalty may not exceed $500 and imprisonment may not exceed 6 months for any one offense.

(2) A local government may fix penalties for the violation of an ordinance relating to local or federal wastewater pretreatment standards implementing the Federal Water Pollution Control Act, 33 U.S.C. 1251 through 1387, if the penalties do not exceed $1,000 per day for each violation or 6 months' imprisonment, or both.
Mont. Code Ann. § 7-7-109 — MT Code / Title 7 / Chapter 7 / Part 1 / Section 7-7-109
7-7-109 Definitions -- sale of notes in anticipation of federal or state revenue or issuance of bonds
Status: in_force

7-7-109 . Definitions -- sale of notes in anticipation of federal or state revenue or issuance of bonds. (1) As used in this section, the following definitions apply:

(a) "Bonds" means bonds, notes, warrants, debentures, certificates of indebtedness, and all instruments or obligations evidencing or representing indebtedness, or evidencing or representing the borrowing of money, or evidencing or representing a charge, lien, or encumbrance on specific revenue, special assessments, income, or property of a political subdivision, including all instruments or obligations payable from a special fund.

(b) "Governing body" means the board, council, commission, or other body charged with the general control of the issuance of bonds of a political subdivision.

(c) (i) "Political subdivision" means a county, city, town, school district, irrigation district, rural special improvement district, special improvement district, county water or sewer district, or any other political subdivision of the state.

(ii) The term does not include the state or any board, agency, or commission of the state.

(2) (a) When all conditions exist precedent to the offering for sale of bonds of a political subdivision in any amount and for any purpose authorized by law or the political subdivision has applied for and received a commitment for a grant or loan of state or federal funds, its governing body may by resolution issue and sell, in anticipation of the receipt of the grant, loan, or bonds in an amount not exceeding the total amount of bonds authorized or the total amount of the loan or grant that is committed, notes maturing within not more than 3 years from the date on which the notes are issued.

(b) The outstanding term of the notes issued under this section may not reduce the term of the bonds otherwise permitted by law. Before the notes are issued, the political subdivision must receive a written commitment for the purchase of the bonds or for the grant or loan in an amount that in the aggregate is not less than the principal amount of the notes and shall by resolution agree to fulfill any conditions of the commitment.

(3) The proceeds of the grant, loan, or bonds, when received, must be credited to the debt service fund for the notes as may be needed for their payment, with interest, when due.

(4) (a) To the extent that proceeds described in subsection (3) are not sufficient to pay the notes and interest on those notes when due, the notes must be paid from any other funds that are legally available and appropriated by the governing body for that purpose.

(b) If the notes are issued in anticipation of the issuance of bonds, any amount of the notes that cannot be paid at maturity from the proceeds described in subsection (3) or (4)(a) must be paid from the proceeds of bonds to be issued and sold before the maturity date.

(c) If sufficient funds are not available for payment in full of the notes at maturity, the holders of the notes have the right to require the issuance of bonds in exchange for the notes, with the bonds maturing, bearing interest at a rate, and secured over a term as provided in the resolution authorizing the issuance of the notes.

(d) If notes are validly issued under then-applicable law in anticipation of the issuance of bonds, the political subdivision may issue bonds in a principal amount equal to the outstanding principal amount of the notes, regardless of any limitation in the then-applicable law concerning the principal amount of the bonds.

(e) If the notes are issued in anticipation of the receipt of a grant or other revenue source and cannot be paid at maturity from the proceeds described in subsection (3) or (4)(a), the political subdivision may, to the extent otherwise authorized by law, issue bonds to provide for payment of those notes.
Mont. Code Ann. § 7-2-4706 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4706
7-2-4706 Appeal if municipal governing body fails to act on petition
Status: in_force

7-2-4706 . Appeal if municipal governing body fails to act on petition. If the municipal governing body fails to act within 60 days, the petitioners may appeal to the district court under the procedure set down in 7-2-4741 through 7-2-4746 .
Mont. Code Ann. § 7-14-4664 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4664
7-14-4664 Rights of obligees
Status: in_force

7-14-4664 . Rights of obligees. (1) An obligee of a commission shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:

(a) by mandamus, suit, action, or proceeding at law or in equity to compel said commission and the members, officers, agents, or employees thereof to perform each and every term, provision, and covenant contained in any contract of said commission with or for the benefit of such obligee and to require the carrying out of any or all such covenants and agreements of said commission and the fulfillment of all duties imposed upon said commission by this part;

(b) by suit, action, or proceeding in equity to enjoin any acts or things which may be unlawful or the violation of any of the rights of such obligee of said commission.

(2) A commission shall have power by its resolution, trust indenture, mortgage, lease, or other contract to confer upon any obligee holding or representing a specified amount in bonds the right (in addition to all rights that may otherwise be conferred), upon the happening of an event or default as defined in such resolution or instrument, by suit, action, or proceeding in any court of competent jurisdiction:

(a) to cause possession of any parking facility or any part thereof to be surrendered to any such obligee;

(b) to obtain the appointment of a receiver of any parking facility of said commission or any part thereof and of the rents and profits therefrom;

(c) to require said commission and the members and employees thereof to account as if it and they were the trustees of an express trust.
Mont. Code Ann. § 7-15-4253 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4253
7-15-4253 Relocation of displaced families
Status: in_force

7-15-4253 . Relocation of displaced families. Every municipality shall have power to prepare plans for the relocation of families displaced from an urban renewal area and to make relocation payments and to coordinate public and private agencies in such relocation, including requesting such assistance for this purpose as is available from other private and governmental agencies, both for the municipality and other parties.
Mont. Code Ann. § 7-5-2503 — MT Code / Title 7 / Chapter 5 / Part 25 / Section 7-5-2503
7-5-2503 Action by city council required to validate vacation by county commissioners
Status: in_force

7-5-2503 . Action by city council required to validate vacation by county commissioners. The action of the county commissioners prior to February 3, 1943, vacating any streets, avenues, alleys, parks, or boulevards within the corporate limits of any incorporated city or town the vacating of which at the time of the action of the county commissioners required action by any city council, shall not be effective for the purpose of vacating any such streets, avenues, alleys, parks, or boulevards unless or until the same are vacated by such city council.
Mont. Code Ann. § 7-31-4203 — MT Code / Title 7 / Chapter 31 / Part 42 / Section 7-31-4203
7-31-4203 Open ditch declared nuisance
Status: in_force

7-31-4203 . Open ditch declared nuisance. Notwithstanding any provision contained in Title 85 or any law pertaining to the use of water in Montana, it is hereby declared that water which flows through the limits of an incorporated city or town in an open ditch is a public nuisance if such city or town, acting through its governing body declares it to be such nuisance.
Mont. Code Ann. § 7-3-4207 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4207
7-3-4207 Requirements of petitions
Status: in_force

7-3-4207 . Requirements of petitions. Petitions provided for in this part must be signed by only legal voters of the city. Each petition must contain, in addition to the names of the petitioners, the street and house number in which the petitioner resides and the petitioner's length of residence in the city. The petition must also be accompanied by the affidavit of one or more legal voters of the city stating that the signers of the petition were, at the time of signing, legal voters of the city and the number of signers at the time that the affidavit was made.
Mont. Code Ann. § 7-7-4104 — MT Code / Title 7 / Chapter 7 / Part 41 / Section 7-7-4104
7-7-4104 Incurrence of certain general obligations
Status: in_force

7-7-4104 . Incurrence of certain general obligations. (1) A municipality may enter into or incur an obligation for any public or governmental purpose, including the purposes set forth in 7-7-4101 . An obligation may be in the form of bonded indebtedness, note indebtedness, a lease, a lease-purchase agreement, an installment purchase contract, or other legal form. An obligation constitutes a general obligation of the municipality but is not secured by a pledge of the taxing power of the municipality.

(2) The obligation provided for in subsection (1) may be authorized by a resolution adopted by the governing body of the municipality. The resolution must establish the terms, covenants, and conditions of the obligation. It is not necessary to submit the question of incurring the obligation to the electors of the municipality. The obligation may be incurred or sold at public or private sale, on terms and at prices that the governing body determines to be advantageous. The obligation does not constitute indebtedness for the purpose of statutory debt limitations.

(3) An obligation may be issued only if:

(a) the principal amount of the obligation does not exceed 10% of the general fund budget of the municipality in each of the 2 immediately preceding fiscal years;

(b) at the time the obligation is to be incurred, the debt services in the current or in any future fiscal year on the obligation and any other outstanding obligation issued pursuant to this section do not exceed 2% of the revenue deposited in the general fund of the municipality in each of the 2 immediately preceding fiscal years; and

(c) the term of the obligation does not exceed 20 years.

(4) The obligation must clearly state that it is not secured by a pledge of the municipality's taxing power but that it is payable solely from revenue in the general fund in any fiscal year that is pledged to the payment of the obligation.

(5) In order to secure the payment of principal of or interest on an obligation and related charges, the municipality may grant a first lien on all revenue collected and deposited in the general fund subject to or on a parity with any prior pledges. The municipality may establish other funds and accounts for obligations issued under this section that may be necessary to provide for the priority and segregation of revenue deposited in the general fund and pledged to the payment of obligations. For purposes of this section, related charges include the fees and expenses of registrars and paying agents and the amounts, if any, that must be rebated to the federal government under 26 U.S.C. 148.

(6) All obligations incurred under this section are legal and valid obligations of the municipality issuing the obligations, and the general credit of the municipality is irrevocably pledged for the prompt payment of both the principal of and interest on the obligations as they become due. However, the municipality may not be obligated to levy taxes for the payment of any obligation or interest on the obligation.

(7) The powers conferred on a municipality by this section are in addition to and are supplemental to the powers conferred by any other general, special, or local law. To the extent that the provisions of this section are inconsistent with provisions of any other general, special, or local law, the provisions of this section are controlling.
Mont. Code Ann. § 7-13-108 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-108
7-13-108 Right to protest
Status: in_force

7-13-108 . Right to protest. (1) At any time within 30 days after the date of the first publication of the passage of the resolution of intention, an owner of property liable to be assessed for the work may make a written protest against the proposed work.

(2) The protest must be in writing and be delivered to the county clerk, who shall endorse on the protest the date of receipt.
Mont. Code Ann. § 7-12-4117 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4117
7-12-4117 Combination of several improvements in one resolution
Status: in_force

7-12-4117 . Combination of several improvements in one resolution. The city council may include in one proceeding under one resolution of intention and in one contract any of the different kinds of work mentioned in this part and any number of streets and rights-of-way or portions thereof, and it may except therefrom any of said work already done upon a street to the official grade.
Mont. Code Ann. § 7-12-4191 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4191
7-12-4191 Assessments and certain other charges as liens
Status: in_force

7-12-4191 . Assessments and certain other charges as liens. Any special assessment made and levied to defray the cost and expense of any of the work enumerated in this part, together with any percentages imposed for delinquency and for cost of collection, shall constitute a lien upon and against the property upon which such assessment is made and levied from and after the date of the passage of the resolution levying such assessment. The lien can only be extinguished by payment of such assessment with all penalties, costs, and interest.
Mont. Code Ann. § 7-14-205 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-205
7-14-205 Petition to be filed with election administrator -- certificate
Status: in_force

7-14-205 . Petition to be filed with election administrator -- certificate. (1) The complete petition must be filed with the election administrator.

(2) The election administrator shall, within 30 days, carefully examine the petition and attach to it a certificate under the administrator's official signature and seal of office. The certificate must set forth:

(a) the total number of individuals who are registered electors within the proposed transportation district; and

(b) which and how many of the individuals whose names are on an elector's petition are qualified to sign the petition.
Mont. Code Ann. § 7-32-2123 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2123
7-32-2123 Appointment of detention center staff
Status: in_force

7-32-2123 . Appointment of detention center staff. A sheriff who operates a detention center under 7-32-2121 may appoint deputy sheriffs or nonsworn individuals as detention center staff. A nonsworn individual appointed to the detention center staff need not receive the same salary as a deputy sheriff.
Mont. Code Ann. § 7-12-1103 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1103
7-12-1103 Definitions
Status: in_force

7-12-1103 . Definitions. As used in this part, the following definitions apply:

(1) "Appointing authority" means the mayor in the case of a municipality, the board of county commissioners in the case of a county, or the chief executive of a consolidated city-county government.

(2) "Board" means the board of trustees created in 7-12-1121 .

(3) "Business" means all types of business, including professions.

(4) "District" means a business improvement district created under this part.

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

(6) "Local government" means a municipality, a county, or a consolidated city-county government.

(7) "Owner" means a person in whom appears the legal title to real property by deed recorded in the county records or a person in possession of real property under claim of ownership for the person or as the personal representative, agent, or guardian of the owner.
Mont. Code Ann. § 7-15-4410 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4410
7-15-4410 Processing of application by secretary of state
Status: in_force

7-15-4410 . Processing of application by secretary of state. (1) The secretary of state shall examine the application, and if the name proposed for the corporation is not identical with that of a person or of any other corporation of this state or so nearly similar as to lead to confusion and uncertainty, the secretary of state shall receive and file it and shall record it in an appropriate book of record in the secretary of state's office.

(2) When the application has been made, filed, and recorded, the secretary of state shall make and issue to the commissioners a certificate of incorporation pursuant to this part, under the seal of the state, and shall record the certificate with the application.
Mont. Code Ann. § 7-32-201 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-201
7-32-201 Definitions
Status: in_force

7-32-201 . Definitions. As used in this part, the following definitions apply:

(1) "Auxiliary officer" means an unsworn, part-time, volunteer member of a law enforcement agency who may perform but is not limited to the performance of such functions as civil defense, search and rescue, office duties, crowd and traffic control, and crime prevention activities.

(2) "Council" means the Montana public safety officer standards and training council established in 2-15-2029 .

(3) "General law enforcement duties" means patrol operations performed for detection, prevention, and suppression of crime and the enforcement of criminal and traffic codes of this state and its local governments.

(4) "Law enforcement agency" means a law enforcement service provided directly by a local government.

(5) "Law enforcement officer" means a sworn, full-time, employed member of a law enforcement agency who is a peace officer, as defined in 46-1-202 , and has arrest authority, as described in 46-6-210 .

(6) "Reserve officer" means a sworn, part-time, volunteer member of a law enforcement agency or a part-time, paid member of a law enforcement agency serving as a court officer as provided in 3-6-303 . The volunteer member or the part-time paid member is a peace officer, as defined in 46-1-202 , and has arrest authority, as described in 46-6-210 , only when authorized to perform these functions as a representative of the law enforcement agency.

(7) "Special services officer" means an unsworn, part-time, volunteer member of a law enforcement agency who may perform functions, other than general law enforcement duties, that require specialized skills, training, and qualifications, who may be required to train with a firearm, and who may carry a firearm while on assigned duty as provided in 7-32-239 .
Mont. Code Ann. § 7-13-143 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-143
7-13-143 Charges for costs when federal funding is sought
Status: in_force

7-13-143 . Charges for costs when federal funding is sought. Notwithstanding any other section of this part or limitation imposed therein, when the board has applied pursuant to 7-13-142 , the board may adopt a system of charges and rates to require that each recipient of treatment works services pays its proportionate share of the costs of operation, maintenance, and replacement and to require industrial users of treatment works to pay that portion of the cost of construction of the treatment works which is allocable to the treatment of that industrial user's wastes.
Mont. Code Ann. § 7-32-2225 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2225
7-32-2225 County jail work program
Status: in_force

7-32-2225 . County jail work program. (1) A county may operate a county jail work program. The program may be established to allow jail inmates convicted of nonviolent offenses to serve a sentence of imprisonment in the county jail by performing county work without actual physical confinement in the county jail.

(2) A participant in a county jail work program is considered to be in confinement for the purposes of laws relating to confinement in jail, sentencing, and length of imprisonment.

(3) A county jail work program may be established in addition to any county jail labor, rehabilitation, or other program, including the authority of the board of county commissioners to require persons confined to the county jail to perform labor.
Mont. Code Ann. § 7-4-2201 — MT Code / Title 7 / Chapter 4 / Part 22 / Section 7-4-2201
7-4-2201 General qualifications for county office
Status: in_force

7-4-2201 . General qualifications for county office. A person is not eligible for a county office who at the time of election is not:

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

(2) a citizen of the state; and

(3) (a) an elector of the county in which the duties of the office are to be exercised; or

(b) in the case of an office consolidated between two or more counties, an elector in one of the counties in which the duties of the office are to be exercised.
Mont. Code Ann. § 7-8-2709 — MT Code / Title 7 / Chapter 8 / Part 27 / Section 7-8-2709
7-8-2709 Grazing and agricultural uses of county lands
Status: in_force

7-8-2709 . Grazing and agricultural uses of county lands. (1) The board may cooperate with boards of county commissioners in establishing grazing districts or entering into agreements with other landowners for the establishment of grazing districts whereby county lands may be leased either on a per-head or per-acre basis.

(2) The board may act in an advisory capacity in fixing the fees, terms, and conditions of grazing and agricultural leases.
Mont. Code Ann. § 7-6-206 — MT Code / Title 7 / Chapter 6 / Part 2 / Section 7-6-206
7-6-206 Time deposits -- repurchase agreement
Status: in_force

7-6-206 . Time deposits -- repurchase agreement. (1) Public money not necessary for immediate use by a county, city, or town that is not invested as authorized in 7-6-202 may be placed in time or savings deposits with a bank, savings and loan association, or credit union in the state or placed in repurchase agreements as authorized in 7-6-213 . Money placed in repurchase agreements is subject to subsection (2).

(2) The local governing body may solicit bids for time or savings deposits from a bank, savings and loan association, or credit union in the state. The local governing body may deposit public money in the institutions unless a local financial institution agrees to pay the same rate of interest bid by a financial institution not located in the county, city, or town. The governing body may solicit bids by notice sent by mail to the investment institutions that have requested that their names be listed for bid notice with the department of administration.

(3) In addition to other investments authorized under 7-6-202 and this section, public money not necessary for immediate use by a county, city, or town may be invested in accordance with the following conditions:

(a) the money is initially invested through a federally insured financial institution in the state selected by the governing body;

(b) the selected in-state financial institution arranges for the deposit of the funds in an account of the county, city, or town in one or more federally insured financial institutions, regardless of location;

(c) the full amount of principal and accrued interest on each deposit is covered by federal deposit insurance; and

(d) the selected in-state financial institution acts as the custodian for the county, city, or town with respect to the deposit issued for its account.
Mont. Code Ann. § 7-8-104 — MT Code / Title 7 / Chapter 8 / Part 1 / Section 7-8-104
7-8-104 Who may make gift or devise to governmental entities
Status: in_force

7-8-104 . Who may make gift or devise to governmental entities. (1) Any company, partnership, corporation, or other nonindividual entity may make to a city or town organized under the laws of Montana a donation, gift, or grant of any property (real, personal, or mixed); any improved or unimproved park or playground; any water, water right, water reservoir, or watershed; any timberland or reserve; or any fish or game reserve in any part of Montana, to be held for the use and benefit of the city or town.

(2) Any person over the age of 18 years and of sound mind and discretion may make to a city or town organized under the laws of Montana a gift, grant, donation, or testamentary disposition of property (real, personal, or mixed); any improved or unimproved park or playground; any water, water right, water reservoir, or watershed; any timberland or reserve; or any fish or game reserve in any part of the state.
Mont. Code Ann. § 7-15-4210 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4210
7-15-4210 Resolution of necessity required to utilize provisions of part
Status: in_force

7-15-4210 . Resolution of necessity required to utilize provisions of part. A municipality may not exercise any of the powers authorized by part 43 and this part until after its local governing body has adopted a resolution finding that:

(1) one or more blighted areas exist in the municipality by finding that at least three of the factors listed in 7-15-4206 (2) apply to the area or a part of the area; and

(2) the rehabilitation, redevelopment, or both of an area or areas are necessary in the interest of the public health, safety, or welfare of the residents of the municipality.
Mont. Code Ann. § 7-4-2222 — MT Code / Title 7 / Chapter 4 / Part 22 / Section 7-4-2222
7-4-2222 Substitution of reproduction for original document
Status: in_force

7-4-2222 . Substitution of reproduction for original document. (1) Any document, plat, paper, written instrument, or book reproduced as provided in 7-4-2221 may be disposed of or destroyed pursuant to the requirements of 2-6-1012 and Title 2, chapter 6, part 12, and the reproductions may be substituted as public records.

(2) A reproduction of any record destroyed or disposed of as authorized in this section or a certified copy of the reproduction is admissible as evidence in any court or proceeding and has the same force and effect as though the original record had been produced and proved.

(3) The custodian of the records shall prepare enlarged typed or photographic copies of the records whenever their production is required by law.
Mont. Code Ann. § 7-12-2156 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2156
7-12-2156 Responsibility for costs for improvements close to street railway
Status: in_force

7-12-2156 . Responsibility for costs for improvements close to street railway. Whenever any portion of the surface of a street is kept or used by any person, firm, or corporation for railroad or for street railway purposes, the cost and expense of making such improvements between the rails and for 1 foot on each side thereof shall be paid by the person, firm, or corporation owning such railroad; and where double tracks of railroads are laid, such person, firm, or corporation shall pay the costs of making such improvement or improvements between such tracks and between all switches and spurs.
Mont. Code Ann. § 7-32-4120 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4120
7-32-4120 Expenditure of state payments by municipality not having police retirement system -- annual report
Status: in_force

7-32-4120 . Expenditure of state payments by municipality not having police retirement system -- annual report. (1) As used in this section, "employee" means a person employed by a municipal police department, including police officers.

(2) A city or town not governed by the provisions of chapter 9 or 19 of Title 19 shall only expend the payment received pursuant to 19-19-305 for police department employee training, for equipment and personnel relating to substance abuse enforcement, or to purchase pensions for employees of its police department.

(3) The city treasurer or town clerk of the cities or towns shall, on or before April 1 of each year, report to the state auditor as to the expenditures of all funds received pursuant to 19-19-305 .
Mont. Code Ann. § 7-34-2156 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2156
7-34-2156 Withdrawal of land from hospital district
Status: in_force

7-34-2156 . Withdrawal of land from hospital district. (1) Any portion of a public hospital district may be withdrawn therefrom, as provided in 7-34-2156 through 7-34-2160 , upon receipt of a petition signed by 51% or more of the taxpayers residing in and owning property within the area desired to be withdrawn from any public hospital district, on the grounds that such area will not be benefited by remaining in said district.

(2) No petition for withdrawal shall be entertained or acted upon by the board unless the same is filed before December 31 of the preceding year.
Mont. Code Ann. § 7-15-4267 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4267
7-15-4267 Cooperation by public bodies
Status: in_force

7-15-4267 . Cooperation by public bodies. (1) For the purpose of aiding in the planning, undertaking, or carrying out of an urban renewal project located within the area in which it is authorized to act, any public body authorized by law or by this part or part 43, upon such terms, with or without consideration, as it may determine, may:

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

(b) incur the entire expense of any public improvements made by such public body in exercising the powers granted in this section;

(c) do any and all things necessary to aid or cooperate in the planning or carrying out of an urban renewal plan;

(d) lend, grant, or contribute funds to a municipality;

(e) enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a municipality or other public body respecting action to be taken pursuant to any of the powers granted by this part or part 43, including the furnishing of funds or other assistance in connection with an urban renewal project;

(f) cause to be furnished public buildings and public facilities, including parks; playgrounds; recreational, community, educational, water, sewer, or drainage facilities; or any other works which it is otherwise empowered to undertake;

(g) furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or replan streets, roads, sidewalks, ways, or other places;

(h) plan or replan or zone or rezone any part of the urban renewal area; and

(i) provide such administrative and other services as may be deemed requisite to the efficient exercise of the powers herein granted.

(2) Any sale, conveyance, lease, or agreement provided for in this section shall be made by a public body with appraisal, public notice, advertisement, or public bidding in accordance with provisions of 7-15-4263 .
Mont. Code Ann. § 7-14-4714 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4714
7-14-4714 Manner of financing district for pedestrian mall or offstreet parking
Status: in_force

7-14-4714 . Manner of financing district for pedestrian mall or offstreet parking. An improvement district formed for the purpose of establishing a pedestrian mall or offstreet parking may be financed in accordance with the provisions of 7-12-4161 through 7-12-4168 , 7-12-4173 , and 7-12-4175 and in accordance with the methods of financing set forth in Title 7, chapter 7, part 44.
Mont. Code Ann. § 7-7-2260 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2260
7-7-2260 Disposition of sale proceeds
Status: in_force

7-7-2260 . Disposition of sale proceeds. All money arising from the sale of the bonds shall be paid to the county treasurer and shall be immediately available for the purpose for which the bonds were issued and for no other purpose.
Mont. Code Ann. § 7-5-108 — MT Code / Title 7 / Chapter 5 / Part 1 / Section 7-5-108
7-5-108 Adoption and amendment of codes by reference
Status: repealed

7-5-108 . Adoption and amendment of codes by reference. (1) Any local government may adopt or repeal an ordinance which incorporates by reference the provisions of any code or portions of any code or any amendment thereof, properly identified as to date and source, without setting forth the provisions of the code in full. Notice of the intent to adopt a code by reference shall be published after first reading and prior to final adoption of the code. At least one copy of the code, portion, or amendment which is incorporated or adopted by reference shall be filed in the office of the clerk of the governing body and kept there, available for public use, inspection, and examination. The filing requirements prescribed in this section shall not be considered to be complied with unless the required copies of the codes, portion, amendment, or public record are filed with the clerk of the governing body for a period of 30 days prior to final adoption of the ordinance which incorporates the code, portion, or amendment by reference.

(2) The governing body may adopt or amend a code by reference by an emergency ordinance and without notice. The emergency ordinance is automatically repealed 90 days following its adoption and cannot be reenacted as an emergency ordinance.

(3) The process for repealing an ordinance which adopted or amended a code by reference shall be the same as for repealing any other ordinance.

(4) The filing requirement of subsection (1) shall be complied with in adopting amendments to codes.

(5) Any ordinance adopting a code, portion, or amendment by reference shall state the penalty for violating the code, portion, or amendment or any provision thereof separately, and no part of any penalty shall be incorporated by reference.

(6) For purposes of this section, "code" means any published compilation of rules which has been prepared by various technical trade associations, model code organizations, federal agencies, or this state or any agency thereof and shall include specifically but shall not be limited to: traffic codes, building codes, plumbing codes, electrical wiring codes, health or sanitation codes, fire prevention codes, and inflammable liquids codes, together with any other code which embraces rules pertinent to a subject which is a proper local government legislative matter.
Mont. Code Ann. § 7-3-4327 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4327
7-3-4327 Petition for initiative
Status: repealed

7-3-4327 . Petition for initiative. (1) Any proposed ordinance may be submitted to the commission by petition signed by at least 15% of the total number of electors registered at the last general municipal election. All petition papers circulated with respect to any proposed ordinance must be uniform in character and must contain the proposed ordinance in full and have printed or written on the petition the names and addresses of at least five electors who must be officially regarded as filing the petition and who constitute a committee of the petitioners for the purposes of this section.

(2) Each signer of a petition shall sign the person's name in ink or indelible pencil and shall place on the petition papers, after the name, the person's place of residence by street and number. The signatures of any petition papers need not all be appended to one paper, but to each paper there must be attached an affidavit by the circulator of the petition, stating the number of signers to that part of the petition and that each signature appended to the paper is the genuine signature of the person whose name it purports to be and was made in the presence of the affiant.

(3) Proposed ordinances for repealing any existing ordinance or ordinances, in whole or in part, may be submitted to the commission as provided for initiating ordinances.

(4) Initiated ordinances adopted by the electors must be published and may be amended or repealed by the commission as in the case of other ordinances.
Mont. Code Ann. § 7-15-4461 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4461
7-15-4461 Acquisition of property by authority for government housing project
Status: in_force

7-15-4461 . Acquisition of property by authority for government housing project. The authority may acquire, by purchase or by the exercise of its power of eminent domain as provided in 7-15-4462 , any real or personal property for any housing project being constructed or operated by a government. The authority, upon such terms and conditions, with or without consideration, as it shall determine, may convey title or deliver possession of such property so acquired or purchased to such government for use in connection with such housing project.
Mont. Code Ann. § 7-3-516 — MT Code / Title 7 / Chapter 3 / Part 5 / Section 7-3-516
7-3-516 Size of commission and community councils
Status: in_force

7-3-516 . Size of commission and community councils. The size of the commission, which shall be a number not less than five, shall be established when the form is adopted by the voters, and:

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

(2) community councils to advise commissioners may be authorized by ordinance.
Mont. Code Ann. § 7-4-2516 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2516
7-4-2516 Fees not required in certain cases
Status: in_force

7-4-2516 . Fees not required in certain cases. No fees must be charged the state, any county, or any subdivision thereof, any public officer acting therefor, or in habeas corpus proceedings for official services rendered, and all such services must be performed without the payment of fees, except the fees under 25-1-201 (1)(d) and (1)(r).
Mont. Code Ann. § 7-14-4718 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4718
7-14-4718 Removal of property from list
Status: in_force

7-14-4718 . Removal of property from list. (1) If any person before certification of the list to the clerk and recorder presents to the treasurer an affidavit that the person is the owner of a lot on the list, accompanied by the certificate of a searcher of records that the person is the owner of record, and notifies the treasurer in writing that the person does not desire a bond to be issued for the assessment upon the lot, then the assessment may not be included in the list and remains collectible as provided by parts 41 and 42 of chapter 12 and this part.

(2) Failure to file the notice bars any defense against the bonds except the defense that the governing body did not have authority to issue the bonds.
Mont. Code Ann. § 7-3-158 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-158
7-3-158 Transition provisions affecting personnel
Status: in_force

7-3-158 . Transition provisions affecting personnel. (1) The members of the governing body holding office on the date the new plan of government is adopted by the electors of the local government continue in office and in the performance of their duties until the governing body authorized by the plan has been elected and qualified.

(2) An officer, including a member of the governing body, elected under an existing form of government or plan of government continues to hold office under a new form of government or change to a plan of government if the new form or plan continues to have that office, whether the new officer is to be elected or appointed. A successor may be elected or appointed, as appropriate, to fill the office at the end of the term for which the holdover officer was elected.

(3) All other employees holding offices or positions under the government of the county or municipality continue in the performance of the duties of their respective offices and positions until provisions are made for the performance or discontinuance of the duties or the discontinuance of the offices or positions.

(4) A change in a form of government or a plan of government may provide that existing elected officers of an office that is abolished may continue in office until the end of the term for which they were elected or may provide that the existing elected officers be retained as local government employees until the end of the term for which they were elected, and their salaries may not be reduced.
Mont. Code Ann. § 7-32-4301 — MT Code / Title 7 / Chapter 32 / Part 43 / Section 7-32-4301
7-32-4301 Regulations governing arrest authorized
Status: in_force

7-32-4301 . Regulations governing arrest authorized. The city or town council has power to make regulations authorizing the police of the city or town to make arrests of persons charged with crime:

(1) within the limits of the city or town;

(2) within 5 miles thereof; and

(3) along the line of water supply of the city or town.
Mont. Code Ann. § 7-33-2212 — MT Code / Title 7 / Chapter 33 / Part 22 / Section 7-33-2212
7-33-2212 Activity restrictions in high fire hazard areas
Status: in_force

7-33-2212 . Activity restrictions in high fire hazard areas. (1) A board of county commissioners may designate areas on private land or on land that is not under the jurisdiction of a municipality or a state or federal agency as high fire hazard areas.

(2) Except as provided in 87-3-106 (2), in designated high fire hazard areas, the board may require all persons, firms, or corporations present or engaged in any activity in those areas to cease operations or activities or to adjust working hours to less critical periods of the day.

(3) The presiding officer of the board may control ingress and egress into a high fire hazard area if an emergency or disaster is declared under the provisions of Title 10, chapter 3, part 4.

(4) (a) An entity that is conducting official business, an entity having actual residence as a permanent or principal place of abode in the designated area, or an entity engaged in employment that does not present a fire hazard must be allowed ingress and egress unless there is a significant risk to human health or safety.

(b) For the purposes of this section, "official business" includes but is not limited to the functions of governmental agencies and the activities of utilities, cooperatives, and telecommunications providers to operate, construct, repair, and maintain utility facilities that are essential to the public.
Mont. Code Ann. § 7-12-4163 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4163
7-12-4163 Assessment of costs -- frontage option
Status: in_force

7-12-4163 . Assessment of costs -- frontage option. (1) The city council or commission shall assess the cost of an improvement against benefited lots or parcels in the district, each lot or parcel of land within such district bordering or abutting upon a street or streets whereon or wherein the improvement has been made to be assessed in proportion to the lineal feet abutting or bordering the same.

(2) The council or commission, in its discretion, shall have the power to pay the whole or any part of the cost of any street, avenue, or alley intersections out of any funds in its hands available for that purpose or to include the whole or any part of such costs within the amount of the assessment to be paid by the benefited property in the district.
Mont. Code Ann. § 7-2-2204 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2204
7-2-2204 Basis for determination of assessed valuation
Status: in_force

7-2-2204 . Basis for determination of assessed valuation. For the purposes of this part, the assessed valuation of all property, whether included within the boundaries of a proposed new county or remaining within the boundaries of any existing county or counties from which territory is taken, shall be fixed and determined on the same basis as is used for the imposition of taxes in Montana.
Mont. Code Ann. § 7-13-3003 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3003
7-13-3003 Resolution of intention to create district
Status: in_force

7-13-3003 . Resolution of intention to create district. (1) Before creating a district, the governing body shall pass a resolution of intention to create the district.

(2) The resolution must designate:

(a) the proposed name of the district;

(b) the necessity for the proposed district;

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

(d) the general character of the system and its proposed location;

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

(f) the estimated cost of the district.
Mont. Code Ann. § 7-8-4101 — MT Code / Title 7 / Chapter 8 / Part 41 / Section 7-8-4101
7-8-4101 Construction, lease, and management of municipal buildings
Status: in_force

7-8-4101 . Construction, lease, and management of municipal buildings. The city or town council has power to build or hire all necessary buildings for the use of the city or town and to heat and light the same.
Mont. Code Ann. § 7-6-4037 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4037
7-6-4037 Cause of action -- failure to adopt or submit an annual operating budget
Status: in_force

7-6-4037 . Cause of action -- failure to adopt or submit an annual operating budget. (1) If a local government entity fails to adopt or submit an annual operating budget as required by Title 7, chapter 6, part 40, within 2 years of the applicable deadline, a person identified in subsection (2) of this section who has received a written determination from the department under 7-6-4038 (3)(c) or (4)(b) may bring a cause of action against the local government entity for failure to comply with the local government entity's fiduciary requirements.

(2) The following parties may bring a cause of action under the provisions of subsection (1):

(a) any person who pays property taxes to the local government entity;

(b) any elected officer of any local taxing jurisdiction that collects revenue from or distributes revenue to the local government entity;

(c) any person residing within the jurisdictional boundaries of the local government entity who can demonstrate a specific personal and legal interest, as distinguished from a general interest, and has been or is likely to be specially and injuriously affected by the local government entity's failure to meet the requirements as set forth in subsection (1).

(3) The cause of action must be filed in the district court in the county where the local government entity is located.

(4) In addition to any other penalty provided by law, the court may grant relief that it considers appropriate, including but not limited to providing declaratory relief, appointing a financial receiver for the local government entity, or compelling a mandatory duty required under this part that is imposed on a state or local government officer or local government entity. If a party identified in subsection (2) prevails in an action brought under this section, that party must be awarded costs and reasonable attorney fees.
Mont. Code Ann. § 7-32-2106 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2106
7-32-2106 Attendance at Montana law enforcement academy required for deputy sheriffs
Status: in_force

7-32-2106 . Attendance at Montana law enforcement academy required for deputy sheriffs. (1) It shall be the duty of the sheriff to cause all deputies whose term of employment commenced subsequent to March 2, 1967, to attend that academy provided for by Title 44, chapter 10, except that the sheriff may accept reasonable delays in attendance at the academy as shown by the deputy's declared intention of attending.

(2) Failure to satisfactorily complete the course offered by said academy shall be deemed cause to terminate a deputy's employment.
Mont. Code Ann. § 7-34-2413 — MT Code / Title 7 / Chapter 34 / Part 24 / Section 7-34-2413
7-34-2413 Limitations on bond authority
Status: in_force

7-34-2413 . Limitations on bond authority. The bonds may be issued by resolution or resolutions of the county governing body without any limitation of amount except as follows:

(1) no such bonds may be issued at any time if the total amount of principal and interest to become due in any year on such bonds and on any then-outstanding bonds for which revenues from the same source or sources are pledged exceeds the amount of such revenues to be received in that year as estimated in the resolution authorizing the issuance of the bonds; and

(2) the county shall be obligated to take all action necessary and possible to impose, maintain, and collect rates, charges, rentals, and taxes, if any are pledged, sufficient to make the revenues from the pledged source or sources in such year at least equal to the amount of such principal and interest due in that year.
Mont. Code Ann. § 7-2-2251 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2251
7-2-2251 Collection of delinquent taxes
Status: in_force

7-2-2251 . Collection of delinquent taxes. Delinquent taxes due the old county against property situated in the new county shall be transcribed in and collected by the new county.
Mont. Code Ann. § 7-7-4609 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4609
7-7-4609 Presumptions of validity of refunding revenue bonds
Status: in_force

7-7-4609 . Presumptions of validity of refunding revenue bonds. (1) Refunding bonds bearing the signatures of officers of the municipality in office on the date of the signing thereof shall be valid and binding obligations of the municipality for all purposes, notwithstanding that before the delivery thereof, any or all of the persons whose signatures appear thereon shall have ceased to be officers of the municipality, the same as if such persons had continued to be officers of the municipality until after the delivery thereof.

(2) The validity of the authorization and issuance of the refunding bonds shall not be dependent on or affected in any way by proceedings taken for the improving of any enterprise for the refinancing and improving of which the refunding bonds are to be issued or by contracts made in connection with the improving of any such enterprise.

(3) Any resolution authorizing refunding bonds may provide that any such refunding bond may contain a recital that such refunding bond is issued pursuant to this part, and any refunding bond containing such recital under authority of any such resolution shall be conclusively deemed to be valid and to have been issued in conformity with the provisions of this part.
Mont. Code Ann. § 7-14-2126 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2126
7-14-2126 Compensation for making inspections
Status: in_force

7-14-2126 . Compensation for making inspections. The person making the inspections authorized by 7-14-2125 shall receive a daily salary equal to the equivalent of a daily rate for the salary established in 7-4-2107 (2) and actual expenses if the person does not receive other compensation for that day and is not on an annual salary. The claims must be audited and allowed in the same manner as other claims against the county.
Mont. Code Ann. § 7-3-4405 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4405
7-3-4405 Establishment of civil service board
Status: in_force

7-3-4405 . Establishment of civil service board. (1) The commission may appoint three electors of the municipality as a civil service board, with one to serve for 2 years, one for 4 years, and one for 6 years, and to take office on January 1 after the municipality comes under the provisions of part 43 and this part or as soon after that date as appointed and qualified. After the initial appointments, members of the civil service board must be appointed to serve for 6 years and until their successors have been appointed and have qualified. The commission may remove any member of the board upon stating in writing the reasons for removal and allowing the member an opportunity to be heard in the member's own defense. Any vacancy must be filled by the commission for the unexpired term.

(2) Members of the board may not hold any other public office.

(3) It is the intent of this section that the establishment of a civil service board is permissive and not mandatory. If appointed, the board may be abolished at any time upon resolution by the commission and the civil service board appointed under the provisions of this part ceases to exist. However, as long as a civil service board exists, its operations and proceedings must be controlled as provided in this part.

(4) The salaries of the board and its employees must be determined by the commission, and a sufficient sum must be appropriated each year to carry out the civil service provisions of this part.
Mont. Code Ann. § 7-2-4746 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4746
7-2-4746 Appeal provisions exclusive
Status: in_force

7-2-4746 . Appeal provisions exclusive. No decisions of the governing body shall be subject to collateral attack, and decisions may be reviewed or modified only in the manner provided in 7-2-4741 through 7-2-4744 .
Mont. Code Ann. § 7-13-2208 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2208
7-13-2208 Decision on petition -- election required -- exception
Status: in_force

7-13-2208 . Decision on petition -- election required -- exception. (1) On the final hearing provided for in 7-13-2206 , the board of county commissioners shall make any changes in the proposed boundaries within the county that are considered advisable and shall define and establish the boundaries. The board of county commissioners may not modify the boundaries in a manner that would exclude from the proposed district any territory that would benefit from the formation of the district. Land that will not, in the judgment of the board of county commissioners, benefit from the district may not be included within the proposed district.

(2) Upon the final determination of the boundaries of the district, the board of county commissioners of each county in which the district lies shall hold an election for the purpose of determining whether the district is to be incorporated, except as provided in subsection (3). The election must be conducted in accordance with Title 13, chapter 1, part 5.

(3) An election is not required if the petition for the creation of the district is signed by the owners of all of the real property in the proposed district. If an election is not held, upon the final determination of the boundaries of the district, the board of county commissioners of each county in which the district lies shall, by an order entered on its minutes, declare the territory enclosed within the proposed boundaries as an organized county water and/or sewer district. The county clerk and recorder shall forward a certified copy of the order to the secretary of state.
Mont. Code Ann. § 7-5-2131 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2131
7-5-2131 Records to be available to public
Status: in_force

7-5-2131 . Records to be available to public. (1) Except as provided in subsection (2), the books, records, and accounts must be kept at the office of the clerk and must be open for public inspection free of charge.

(2) Electronic records accessible from the office of the clerk may be stored at a separate location as long as those records are available for public inspection free of charge.
Mont. Code Ann. § 7-3-4260 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4260
7-3-4260 Investigatory powers of council
Status: in_force

7-3-4260 . Investigatory powers of council. The council shall have the power to enforce the attendance of witnesses and the production of books and papers and the power to administer oaths in the same manner and with like effect and under the same penalties as in the case of magistrates exercising criminal or civil jurisdiction under the statutes of Montana.
Mont. Code Ann. § 7-7-4275 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4275
7-7-4275 Refunding of bond issue held by state by exchange for amortization bonds
Status: in_force

7-7-4275 . Refunding of bond issue held by state by exchange for amortization bonds. (1) Subject to the approval of the board of investments, the council of any city or town is hereby authorized to issue amortization bonds for the purpose of refunding any outstanding bonds of such city or town held by the state and which were not issued either as amortization or serial bonds and to exchange the same for such outstanding bonds.

(2) Such amortization bonds shall conform in all respects to the definition of amortization bonds as set forth in 7-7-4209 and shall bear interest at such rate as may be agreed upon between the council of such city or town and the board of investments pursuant to 17-5-102 . Such amortization bonds may be issued and exchanged for such outstanding bonds without submitting the question of issuing the same at an election, and it shall not be necessary to publish any notice of sale of such bonds.

(3) This section shall not be construed so as to deprive city or town councils of the right to advertise, sell, and issue refunding bonds in the manner provided in part 43.
Mont. Code Ann. § 7-35-2131 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2131
7-35-2131 Establishment and maintenance of permanent care and improvement fund
Status: in_force

7-35-2131 . Establishment and maintenance of permanent care and improvement fund. Any public cemetery district formed under the provisions of this part which shall have established and be maintaining a cemetery shall provide, in the manner set forth in 7-35-2131 through 7-35-2150 , for the establishment and maintenance of a permanent fund, the income of which shall be devoted to the care, maintenance, and improvement of such cemetery. This fund shall be known as the permanent care and improvement fund of such public cemetery district.
Mont. Code Ann. § 7-13-2218 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2218
7-13-2218 District powers related to water and sewer projects
Status: in_force

7-13-2218 . District powers related to water and sewer projects. A district that is incorporated as provided in this part may:

(1) construct, purchase, lease, or otherwise acquire and operate and maintain water rights, waterworks, sanitary sewerworks, storm sewerworks, canals, conduits, reservoirs, lands, and rights useful or necessary to store, conserve, supply, produce, convey, or drain water or sewage for purposes beneficial to the district. Beneficial purposes include but are not limited to flood prevention, flood control, irrigation, drainage, municipal and industrial water supplies, domestic water supplies, wildlife, recreation, pollution abatement, livestock water supply, and other similar purposes.

(2) if the incorporators of the district are members of a private, nonprofit water association that was formed under the laws of this state, acquire by eminent domain, pursuant to Title 70, chapter 30, from that water association any type of property referred to in this section;

(3) store water for the benefit of the district;

(4) conserve water for future use;

(5) appropriate, acquire, and conserve water and water rights for the purposes of the district;

(6) in the name of the district, commence, maintain, intervene in, compromise, and assume the costs of any action or proceeding:

(a) involving or affecting the use of water, water rights, or sewer rights within the district that are used or useful for any purpose of the district or a benefit to any land situated in the district;

(b) to prevent interference with or diminution of the natural flow of any stream or natural subterranean supply of water that is used or useful for any purpose of the district or that is a common benefit to the lands within the district or its inhabitants;

(c) to prevent any interference with the water or water or sewer rights referred to in this section that may endanger the inhabitants or lands of the district;

(7) lease or purchase and carry on and maintain existing water rights, waterworks, sewerworks, canals, or reservoir systems;

(8) sell water or the use of water for household, domestic, or other similar purposes, sell sewer service, and, whenever there is a surplus of water or sewerworks capacity, sell or otherwise dispose of the water or sewerworks capacity to municipalities, towns, or consumers located within or outside of the boundaries of the district;

(9) retain the services of architects and engineers for designing, preparing a feasibility study for, and drawing plans and specifications for a water or sewer system for the district, with the cost of these services apportioned and assigned against properties in the district; and

(10) establish, by ordinance or resolution, rules and regulations for the operation, maintenance, use, and availability of any of the district's systems or improvements, including but not limited to connection procedures, service termination, and the payment of rates and charges, including penalties and interest charges for delinquent accounts.
Mont. Code Ann. § 7-7-4435 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4435
7-7-4435 Interim receipts or certificates
Status: in_force

7-7-4435 . Interim receipts or certificates. Pending the preparation of the definitive bonds, interim receipts or certificates, in such form and with such provisions as the governing body may determine, may be issued to the purchaser or purchasers of bonds sold pursuant to this part. Said bonds and interim receipts or certificates shall be fully negotiable, as provided by the Uniform Commercial Code--Investment Securities.
Mont. Code Ann. § 7-12-4341 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4341
7-12-4341 Financing of lighting district improvements
Status: in_force

7-12-4341 . Financing of lighting district improvements. All costs and expenses incurred in the construction of the improvements specified in this part shall be paid for by special improvement lighting district bonds or warrants, in such form as may be prescribed by ordinance, drawn against a fund to be known as the special improvement lighting district No. .... fund.
Mont. Code Ann. § 7-3-414 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-414
7-3-414 Presiding officer of commission
Status: in_force

7-3-414 . 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) selected as provided by ordinance; or

(3) elected directly by the voters for a term established by ordinance.
Mont. Code Ann. § 7-1-4101 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4101
7-1-4101 Nature of municipalities
Status: in_force

7-1-4101 . Nature of municipalities. A city or town is a body politic and corporate with the general powers of a corporation and the powers specified or necessarily implied in this title or in special laws heretofore enacted.
Mont. Code Ann. § 7-12-2159 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2159
7-12-2159 Notice of resolution for levy and assessment of tax -- protest and hearing
Status: in_force

7-12-2159 . Notice of resolution for levy and assessment of tax -- protest and hearing. (1) A notice, signed by the county clerk and stating that the resolution levying a special assessment to defray the cost of making the improvements is on file in the office of the county clerk and is subject to inspection, shall be:

(a) published as provided in 7-1-2121 ;

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

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

(2) The notice shall state the time at and place in which objections to the final adoption of the resolution will be heard by the board of county commissioners. The time for the hearing may not be less than 5 days after the second publication or less than 10 days after the mailing of the notice.
Mont. Code Ann. § 7-21-3411 — MT Code / Title 7 / Chapter 21 / Part 34 / Section 7-21-3411
7-21-3411 Restriction on use of appropriation or tax money
Status: in_force

7-21-3411 . Restriction on use of appropriation or tax money. An amount of the appropriation or tax levy or assessment for a county fair district or a multiple county fair district may not be expended for horseracing.
Mont. Code Ann. § 7-7-106 — MT Code / Title 7 / Chapter 7 / Part 1 / Section 7-7-106
7-7-106 Hearing and determination on challenge
Status: in_force

7-7-106 . Hearing and determination on challenge. (1) Within 5 days after the petition is filed, the district judge shall designate the time and place of hearing.

(2) The clerk shall immediately issue a citation for the defendant to appear at the time and place specified in the order and shall serve the citation immediately upon the defendant either:

(a) personally; or

(b) if the party cannot be found, by leaving a copy at the house where the defendant last resided.

(3) The court shall meet at the time and place designated to determine the contested election and has all the powers necessary to the determination of the election.

(4) The court is governed by the rules of law and evidence governing the determination of questions of law and fact so far as the rules may be applicable.

(5) The court shall continue in special session to hear and determine all issues in the contested election. After hearing the proofs and allegations of the parties and within 10 days after submission, the court shall file its findings of fact and conclusions of law and shall immediately pronounce judgment, either confirming or annulling and setting aside the election. The judgment must be entered immediately after the pronouncement.
Mont. Code Ann. § 7-6-2117 — MT Code / Title 7 / Chapter 6 / Part 21 / Section 7-6-2117
7-6-2117 Receipt of money from county attorney
Status: in_force

7-6-2117 . Receipt of money from county attorney. (1) The county attorney shall, on the first Monday of January, April, July, and October in each year file with the county clerk an account, verified by oath, of all money received by the county attorney in an official capacity during the preceding 3 months and at the same time pay it over to the county treasurer.

(2) If the county attorney refuses or neglects to account for and pay over money received as required by subsection (1), the county treasurer shall bring an action against the county attorney for the recovery of the money in the name of the county and may recover in the action, in addition to the amount received, 50% of the amount by way of damages.
Mont. Code Ann. § 7-14-4615 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4615
7-14-4615 Reports on commission transactions
Status: in_force

7-14-4615 . Reports on commission transactions. The legislative body shall cause:

(1) a detailed report of all transactions of the parking commission, including a statement of all revenues and expenditures, to be filed with it at quarterly, semiannual, or annual intervals as the legislative body may prescribe; and

(2) a summary statement of all its financial affairs to be published at least once annually in a newspaper of general circulation published in the city or, if none is so published, then in such newspaper of general circulation as it may deem most likely to give notice to all residents of the city.
Mont. Code Ann. § 7-4-2517 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2517
7-4-2517 Itemized receipt for fees
Status: in_force

7-4-2517 . Itemized receipt for fees. Every officer, upon receiving any fees for official duty or service, may be required by the person paying the fee to make and deliver to the person a written account of the fees, specifying for what they accrued, respectively, and shall issue a receipt for the fee. If the officer refuses or neglects to issue an account and a receipt when required, the officer is liable to the party paying the fee in treble the amount paid.
Mont. Code Ann. § 7-14-2304 — MT Code / Title 7 / Chapter 14 / Part 23 / Section 7-14-2304
7-14-2304 Employment of workers and hiring of equipment
Status: in_force

7-14-2304 . Employment of workers and hiring of equipment. Whenever it is necessary, the superintendent may employ suitable laborers, hire equipment and implements, and contract as to the wages and prices to be paid. Wages and prices shall not exceed rates established by the board of county commissioners for an 8-hour day.
Mont. Code Ann. § 7-32-2143 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2143
7-32-2143 Mileage and expenses of sheriff in general
Status: in_force

7-32-2143 . Mileage and expenses of sheriff in general. (1) Except as provided in 7-32-2144 and 7-32-2145 , in addition to the fees specified in 7-32-2141 and 7-32-2142 , the sheriff may receive for each mile actually traveled in serving any writ, process, order, or other paper, including a warrant of arrest, or in conveying a person under arrest before a magistrate or to a detention center only the sheriff's actual expenses when the travel is made by railroad or airline. When travel is by means other than by railroad or airline, the sheriff must receive a mileage allowance as provided in 2-18-503 for each mile actually traveled both going and returning and the actual expenses incurred by the sheriff in conveying a person under arrest before a magistrate or to a detention center. The sheriff must receive the same mileage and actual expenses for the person conveyed or transported under order of court within the county. The mileage and expenses are in full payment for transporting and feeding the persons during transportation. Whenever more than one person is transported by the sheriff or when one or more papers are served on the same trip made for the transportation of one or more inmates, only one charge for mileage may be made.

(2) Mileage may not be paid by the county to sheriffs whose vehicles are provided and maintained by the county. All mileage paid to sheriffs whose vehicles are provided and maintained by the county must be paid over to the county treasurer and deposited in the county general fund.

(3) (a) Mileage may not be allowed on an attachment, order of arrest, order for delivery of personal property, or any other order, notice, or paper when the document accompanies the summons and the service of the document may be made at the time of the service of the summons, except for the distance actually traveled beyond that required to serve the summons. When two or more papers are served on the same person at the same time or when any paper or papers are served on more than one person on the same trip, only one charge for mileage may be allowed. In the service of subpoenas, only one mileage charge may be made when the persons named in the subpoena live in the same place or in the same direction, but mileage may be charged for the longest distance actually traveled. Any writ, order, or other paper for service must be received at any place in the county where a sheriff or a deputy is found, and mileage may be computed only from that place to the place of service. When two or more officers travel in the same automobile in the discharge of any duty, only one charge for mileage may be allowed.

(b) When a sheriff or constable serves more than one process in the same cause, not requiring more than one journey from the office, the sheriff or constable may receive mileage only for the more distant service, and mileage may not be allowed for less than 1 mile actually traveled.

(4) In lieu of charging mileage for the service of items of a civil nature as provided in subsections (1) and (3), a sheriff may charge $1 for the service of each item of a civil nature that requires a return or proof of service.
Mont. Code Ann. § 7-14-2527 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2527
7-14-2527 Amortization bonds
Status: in_force

7-14-2527 . Amortization bonds. (1) The term "amortization bonds" means that form of bond on which a part of the principal is required to be paid each time interest becomes due and payable.

(2) The part payment of principal increases with each following installment in the same amount the interest payment decreases so that the combined amount payable on principal and interest is the same on each interest payment date.

(3) However, the final payment may vary in amount from the other payments to the extent resulting from disregarding fractional cents in the other payments.
Mont. Code Ann. § 7-2-2730 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2730
7-2-2730 Establishment of special warrant district or special funding bond district in continuing county
Status: in_force

7-2-2730 . Establishment of special warrant district or special funding bond district in continuing county. (1) After all warrants have been drawn and issued against the funds of the adjoining county, referred to in 7-2-2729 , to pay the claims and demands existing against the adjoining county on the date when the territory of the abandoned and abolished county was attached to the adjoining county, all money in the funds of the adjoining county must be used and applied in payment of the warrants drawn against its respective funds. If that money is not sufficient to pay all of the warrants, with the interest on the warrants, then the board of county commissioners shall make an order creating a special warrant district and shall include within the district all of the territory of the adjoining county but may not include in the district any of the territory of the abandoned and abolished county. The board of county commissioners shall, subject to 15-10-420 , at the time of making levies for county purposes, levy a special tax against all taxable property in the district to pay the warrants, with interest on the warrants, outstanding against the funds of the adjoining county. The board may extend the tax levy over a period of not more than 3 years.

(2) (a) If it appears to the board that it will require too large a tax levy to pay the warrant indebtedness, with interest, within 3 years, the board, instead of creating a special warrant district, shall create and establish a special funding bond district and shall include within the boundaries of the district all of the territory within the adjoining county but may not include in the district any of the territory of the abandoned and abolished county attached to the adjoining county. After all money in the several funds of the adjoining county applicable to payment of the warrants has been applied in payment of the outstanding warrants and interest on the warrants, the board may issue bonds in an amount sufficient to pay and redeem all warrants remaining outstanding, with interest on the warrants. An election is not required to issue the bonds.

(b) The bonds must be issued in the name of the adjoining county and must contain recitals to the effect that the principal and interest of the bonds will be paid by tax levies against the property situated within the boundaries of the adjoining county as the boundaries existed before the territory of the abandoned and abolished county was attached to the adjoining county and that none of the property within the territory of the abandoned and abolished county will be subjected to the levies. Except as otherwise provided in this section, the bonds must be issued and sold and tax levies must be fixed and made to pay the principal and interest on the bonds in the manner provided by 7-7-107 , 7-7-108 , 7-7-123 , 7-7-124 , 7-7-2104 , 7-7-2106 , and parts 22 and 23 of chapter 7, as far as applicable, apply to the bonds.

(3) For the purposes of 15-10-420 , the adjoining county and the abandoned and abolished county are considered separate taxing jurisdictions with relation to the warrants or bonds described in this section.
Mont. Code Ann. § 7-13-2222 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2222
7-13-2222 Conduct of elections
Status: in_force

7-13-2222 . Conduct of elections. The provisions of Title 13, chapter 1, part 5, govern all district elections provided for under this part and part 23.
Mont. Code Ann. § 7-3-142 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-142
7-3-142 Requirements for petition
Status: in_force

7-3-142 . Requirements for petition. A petition proposing an alteration of a local government must contain:

(1) a certificate containing the plan of government of the existing form of local government;

(2) a certificate containing the plan of government of the proposed new form of government or amendments to the existing plan;

(3) a certificate containing the plan of apportionment of commissioner districts if districts are contained in the plan of government; and

(4) a comparison of the existing form of government and plan of government and proposed form of government and plan of government, including, if desired, a statement of the strengths and weaknesses of the existing and proposed forms and plans of government, information that supports the adoption of the proposed form and plan, and information that supports retention of the present form and plan.
Mont. Code Ann. § 7-16-4105 — MT Code / Title 7 / Chapter 16 / Part 41 / Section 7-16-4105
7-16-4105 Authorization to levy tax for various cultural, social, and recreational facilities
Status: in_force

7-16-4105 . Authorization to levy tax for various cultural, social, and recreational facilities. Subject to 15-10-420 and for the purpose of procuring, equipping, and maintaining public parks, swimming pools, skating rinks, playgrounds, civic centers, youth centers, museums, and combination of purposes and facilities, the council or commission in any city or town may levy, in addition to the levy for general municipal or administrative purposes, a tax on the taxable value of all taxable property in the city or town.
Mont. Code Ann. § 7-2-2806 — MT Code / Title 7 / Chapter 2 / Part 28 / Section 7-2-2806
7-2-2806 Effect of election -- resolution by boards of county commissioners
Status: in_force

7-2-2806 . Effect of election -- resolution by boards of county commissioners. If, upon the canvass of votes cast at the election, more than 50% of the votes cast in each adjoining county approve the proposed boundary change, then the boards of county commissioners in the adjoining counties shall, by resolution, declare the boundary to be changed as of January 1 of the year that begins at least 13 months after the date the election is held and shall direct the transfer of all certified copies of property records and other records to the appropriate county to be completed by the date the boundary change becomes effective. The resolution must include the legal description of the new boundaries of each county.
Mont. Code Ann. § 7-3-211 — MT Code / Title 7 / Chapter 3 / Part 2 / Section 7-3-211
7-3-211 Structural suboptions
Status: in_force

7-3-211 . 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 7-3-212 through 7-3-224 .
Mont. Code Ann. § 7-12-2198 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2198
7-12-2198 Energy performance contracts exempt
Status: in_force

7-12-2198 . Energy performance contracts exempt. This part does not apply to solicitation and award of an investment grade energy audit or energy performance contract pursuant to Title 90, chapter 4, part 11, or to the construction or installation of conservation measures pursuant to the energy performance contract.
Mont. Code Ann. § 7-14-4720 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4720
7-14-4720 Details of bonds
Status: in_force

7-14-4720 . Details of bonds. (1) The number and denomination of the bonds and the times when payable shall be fixed so that an approximately equal amount of the total sum shall be paid each year until the whole amount is paid, not exceeding 25 years and 3 months from the date of the bonds, but any fractional amounts may be added to the amount due in any year so that the amounts due in all other years shall be in equal multiples of $100 each. Except for a bond to represent any odd amount due in any year, the denominations of the bonds shall be fixed at $100 or some multiple thereof not exceeding $1,000.

(2) The bonds shall be issued as of the date of the warrant and shall bear interest from such date at the rate specified in the resolution of intention. They shall have semiannual interest coupons attached, the first of which shall be payable on January 1 or July 1, as the case may be, occurring 90 days after the date of the bond and shall be for the interest accrued at that time.

(3) The due date of all bonds shall be January 1 in the years in which they respectively become due.
Mont. Code Ann. § 7-7-4633 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4633
7-7-4633 Remedies of holders of refunding revenue bonds
Status: in_force

7-7-4633 . Remedies of holders of refunding revenue bonds. (1) Subject to any contractual limitations binding upon the holders of an issue of refunding bonds or trustee for the holders, including but not limited to the restriction of the exercise of a remedy to the specified proportion of percentage of the holders, a holder of refunding bonds or trustee for the holder has the right and power, for the equal benefit and protection of all holders of refunding bonds similarly situated:

(a) by mandamus or other suit, action, or proceeding at law or in equity, to enforce the holder's rights against the municipality and its governing body and any of its officers, agents, and employees and to require and compel the municipality or the governing body or any officers, agents, or employees to perform and carry out duties and obligations under this part and covenants and agreements with bondholders;

(b) by action or suit in equity, to require the municipality and the governing body to account as if they were the trustee of an express trust;

(c) by action or suit in equity, to enjoin any acts or things that may be unlawful or in violation of the rights of the bondholders;

(d) to bring suit upon the refunding bonds.

(2) (a) A remedy conferred by this part upon a holder of refunding bonds or a trustee for the holder is not intended to be exclusive of any other remedy, but each remedy is cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred by this part or by any other law.

(b) A waiver of any default or breach of duty or contract, whether by a holder of refunding bonds or a trustee for a holder, does not extend to or affect any subsequent default or breach of duty or contract or impair any rights or remedies on the breach or contract. A delay or omission of a bondholder or a trustee for a holder to exercise any right or power accruing upon any default may not impair any right or power or be construed to be a waiver of any default or acquiescence in the default.

(c) Every substantive right and every remedy conferred upon the holders of refunding bonds may be enforced and exercised from time to time and as often as considered expedient.

(3) In case any suit, action, or proceeding to enforce any right or exercise any remedy must be brought or taken and then discontinued or abandoned or must be determined adversely to the holder of the refunding bonds or a trustee for the holder, then and in each case the municipality and the holder or trustee must be restored to their former positions and rights and remedies as if the suit, action, or proceeding had not been brought or taken.
Mont. Code Ann. § 7-13-3018 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3018
7-13-3018 Status of federal property within district
Status: in_force

7-13-3018 . Status of federal property within district. Whenever any lot, piece, or parcel of land belonging to the United States fronts upon the proposed work or improvement or is to be included within the district, the governing body shall in the resolution of intention declare that the lots, pieces, or parcels of land must be omitted from the assessment to be made to cover the cost and expenses of the work or improvement, and the cost of the work or improvement in front of the lots, pieces, or parcels of land must be paid by the local government from its general fund.
Mont. Code Ann. § 7-1-115 — MT Code / Title 7 / Chapter 1 / Part 1 / Section 7-1-115
7-1-115 Governmental right to sue firearms or ammunition manufacturer, trade association, or dealer in tort or for abatement or injunctive relief
Status: reserved

7-1-115 . Governmental right to sue firearms or ammunition manufacturer, trade association, or dealer in tort or for abatement or injunctive relief. The governmental right to bring suit against a firearms or ammunition manufacturer, trade association, or dealer for abatement, injunctive relief, or tort damages resulting from or relating to the design, manufacture, marketing, or sale of firearms or ammunition sold to the public is reserved exclusively to the state and may not be exercised by a local governmental unit. The state may sue under this section on its own behalf or on behalf of a local governmental unit, or both.
Mont. Code Ann. § 7-8-2306 — MT Code / Title 7 / Chapter 8 / Part 23 / Section 7-8-2306
7-8-2306 Distribution of sale and lease proceeds
Status: reserved

7-8-2306 . Distribution of sale and lease proceeds. The proceeds of each sale or lease under this part or part 25 must be paid over to the county treasurer, who shall apportion and distribute the proceeds in the following manner:

(1) (a) Upon a sale of the property, the proceeds of each sale must be credited to the county general fund for reimbursement of expenditures made from it in connection with the procurement of the tax deed and holding of the sale.

(b) Upon a sale of the property, if there is any money remaining after the payment of the amount specified in subsection (1)(a) and the remainder is:

(i) in excess of the aggregate amount of all taxes and assessments accrued against the property for all funds and purposes, without penalty and interest, then as much of the remaining proceeds must be credited to each fund or purpose as each fund or purpose would have received had the taxes been paid before becoming delinquent, and all excess must be credited to the general fund of the county; or

(ii) less in amount than the aggregate amount of all taxes and assessments accrued against the property for all funds and purposes, without penalty or interest, the proceeds must be prorated between the funds and purposes in the proportion that the amount of taxes and assessments accrued against the property for each fund or purpose bears to the aggregate amount of taxes and assessments accrued against the property for all funds and purposes.

(2) If tax-deed lands have been sold and the county has reserved a royalty interest, any sums of money received from the royalty interest must be credited to the general fund of the county, except that the board of county commissioners may allocate to the county road fund not more than 50% of the money received from reserved royalty interests.

(3) Upon a lease of the property, except as otherwise provided, the amount received as rent, royalty, or otherwise, including interest received on the payments under either a sale or lease, must be apportioned on the current year's levy and must be credited as earnings of tax-deed property and not considered as a credit to tax-deed accrued accounts as in the case of the principal received from sales of tax-deed lands.
Mont. Code Ann. § 7-2-4102 — MT Code / Title 7 / Chapter 2 / Part 41 / Section 7-2-4102
7-2-4102 Census of proposed municipality
Status: in_force

7-2-4102 . Census of proposed municipality. Upon filing the petition, the board of county commissioners, at its next regular or special meeting, must appoint some suitable person to take a house-to-house census of the residents of the territory to be incorporated. After taking the census, the person appointed to take the same must return the list to the board, and the same must be filed by it in the county clerk's office.
Mont. Code Ann. § 7-2-102 — MT Code / Title 7 / Chapter 2 / Part 1 / Section 7-2-102
7-2-102 Apportionment of indebtedness and credits upon alteration of boundary of local government
Status: in_force

7-2-102 . Apportionment of indebtedness and credits upon alteration of boundary of local government. When any territory shall be detached from any county, city, or town of this state and annexed to any other county, city, or town therein, such county, city, or town to which the same shall be annexed shall be liable to the county, city, or town from which the territory was so detached for its just share of liabilities and indebtedness and shall receive a just share of the credits from the county, city, or town from which the same shall have been detached, which shall be apportioned by ascertaining what ratio the portion detached bears to the territory from which the same was detached. The last prior assessment shall be used as a basis in determining the same.
Mont. Code Ann. § 7-3-4370 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4370
7-3-4370 Use of county buildings
Status: in_force

7-3-4370 . Use of county buildings. Whenever any city organized under this part and part 44 includes the county seat of the county in which it is situated, any unused space in the county buildings in such city may be rented to the city commissioners for municipal use by the board of county commissioners for such rent as shall represent an income of not more than 6% upon the investment in such buildings proportionate to the space rented. Such commissioners may also contract with the board of county commissioners for the performance by county officials or employees of any kind of municipal work which can be feasibly performed by them. The compensation for such work shall be based upon additional cost to the county of its performance, and such compensation shall be paid into the general fund of such county unless otherwise provided by law.
Mont. Code Ann. § 7-1-4116 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4116
7-1-4116 Officers of reclassified municipality
Status: in_force

7-1-4116 . Officers of reclassified municipality. The first election of officers of the new municipal corporation organized under the provisions of 7-1-4114 through 7-1-4118 must be at the first municipal election after reclassification, and the old officers remain in office until the new officers are elected and qualified.
Mont. Code Ann. § 7-14-2611 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2611
7-14-2611 Alteration of road to follow subdivision or section lines
Status: in_force

7-14-2611 . Alteration of road to follow subdivision or section lines. (1) A majority of the real property owners residing on any county road or portion of a county road may petition the board in writing to change the road or portion to run on subdivision or section lines.

(2) The board shall investigate in the same manner as provided in 7-14-2603 . After investigation, the board may order the making of the change if it can be done without material damage, injury, or serious inconvenience to the public customarily using the road or portion.

(3) Those petitioning for the change shall bear as much of the cost and expense of making the petition as the board orders.
Mont. Code Ann. § 7-31-4110 — MT Code / Title 7 / Chapter 31 / Part 41 / Section 7-31-4110
7-31-4110 Restriction of wildlife
Status: in_force

7-31-4110 . Restriction of wildlife. (1) A city or town may adopt a plan to control, remove, and restrict game animals, as defined in 87-2-101 , within the boundaries of the city or town limits for public health and safety purposes. Upon adoption of a plan, the city or town shall notify the department of fish, wildlife, and parks of the plan. If the department of fish, wildlife, and parks approves the plan or approves the plan with conditions, the city or town may implement the plan as approved or as approved with conditions.

(2) The plan may allow the hunting of game animals and provide restrictions on the feeding of game animals.
Mont. Code Ann. § 7-3-1249 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1249
7-3-1249 Employees and employment list
Status: in_force

7-3-1249 . Employees and employment list. (1) The number of assistants and other subordinates to be employed in or by each administrative department or office must be fixed by the commission, but the commission may authorize the manager to determine the number of assistants and subordinates in and for a specified department or office, subject to the appropriations made for the department or office.

(2) The director of finance shall maintain in the director's office a list of all persons in the administrative service of the municipality, showing in connection with each name the position held, the date of appointment, the character of employment, and the rate of compensation. Each appointing officer shall promptly transmit to the director of finance the information regarding the officer's department or office as may be necessary to keep this list accurate in all respects at all times. The treasurer may not pay nor shall the director of finance issue a warrant for the payment of any salary or compensation to a person whose name does not appear upon the list, nor shall payment be made at a rate other than that specified on the list. Any sum paid contrary to the provisions of this section may be recovered from any officer paying or authorizing the payment or from the surety on the officer's official bond. If, through the failure of an officer to give information to the director of finance as required in this section or through omission or error in the information, payment is made to any person whose name should not be on the list or payment is made in excess of the amount that any person whose name is rightfully on the list should receive, then the amount of the payment or excess payment may be recovered from the officer by reason of whose failure, omission, or error the payment or excess payment was made or from the surety on the officer's official bond.
Mont. Code Ann. § 7-2-4625 — MT Code / Title 7 / Chapter 2 / Part 46 / Section 7-2-4625
7-2-4625 Annexation district
Status: in_force

7-2-4625 . Annexation district. An incorporated city or town may create an annexation district outside of the city or town. Territory may be included in an annexation district only upon an agreement between the city or town and the owner of the property included in a district. The agreement may specify the duration of the district, which may not exceed 10 years. A city or town may provide the services specified in the agreement between the city or town and the property owner to the property in the district. The city or town may impose a tax levy or a fee on the owner of the property within the annexation district based upon the difference between the municipal levy or fee and the nonmunicipal levy or fee. By the end of the period specified in the agreement, the levy or fee must be the full amount that a resident of the city or town would pay in the year that the property is annexed. Unless the agreement provides otherwise, the property in the district is annexed after the period specified in the agreement, and the district is dissolved. A delinquency in a payment by the owner of property in the annexation district is collectible in the same manner that other delinquent taxes or fees are collectible.
Mont. Code Ann. § 7-6-4025 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4025
7-6-4025 Receipt and expenditure of money prior to adoption of final budget
Status: in_force

7-6-4025 . Receipt and expenditure of money prior to adoption of final budget. A local government may receive and expend money between July 1 of the fiscal year and the date the final budget resolution is adopted.
Mont. Code Ann. § 7-12-4604 — MT Code / Title 7 / Chapter 12 / Part 46 / Section 7-12-4604
7-12-4604 Protest against creation of fire hydrant maintenance district
Status: in_force

7-12-4604 . Protest against creation of fire hydrant maintenance district. At any time within 15 days after the date of the first publication or posting of the notice of passage of the resolution of intention, an owner of property who would be liable for district assessments may make a written protest against the proposed improvement or the creation of the district, or both. The protest must be delivered, in writing, to the clerk of the city council, who shall endorse on the protest the date of receipt.
Mont. Code Ann. § 7-12-4169 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4169
7-12-4169 Incidental expenses considered as cost of improvements -- costs for bonds or warrants secured by revolving fund -- district reserve account
Status: in_force

7-12-4169 . Incidental expenses considered as cost of improvements -- costs for bonds or warrants secured by revolving fund -- district reserve account. (1) Incidental expenses connected with the formation of a special improvement district, including costs of preparation of plans, specifications, maps, and plats; engineering, superintendence, and inspection; preparation of assessment rolls; and the other incidental expenses described in 7-12-4101 (7) are considered a part of the cost of making the improvements within the special improvement district.

(2) If the bonds or warrants are secured by the revolving fund under 7-12-4225 , the costs of any improvement must include an amount of at least 5% and not more than 10% of the principal amount of any bonds or warrants to be issued, which must be deposited in the revolving fund created in 7-12-4221 .

(3) (a) Subject to the provisions of subsections (3)(b) through (3)(e), the city or town council may create a district reserve account.

(b) As part of the original costs of the improvements, the city or town council may include an amount, in addition to the amount, if any, specified in subsection (2), not to exceed 5% of the principal amount of any special improvement district bonds or warrants issued. The amount must be deposited in a district reserve account created and maintained in the district fund.

(c) If there are insufficient funds in the district bond and interest accounts to pay when due the principal of and the interest on bonds or warrants, the district reserve account, if established, must be used to pay the principal of and the interest on the bonds or warrants issued against the district fund.

(d) If bonds or warrants are secured by the revolving fund, the district reserve account, if established, must be exhausted before a loan may be made from the revolving fund pursuant to 7-12-4223 .

(e) Money in the district reserve account may be used to pay the final principal and interest payment on bonds or warrants.

(4) The establishment of a district reserve account does not preclude the city or town council from requiring additional security from owners of real property in the district.
Mont. Code Ann. § 7-4-2204 — MT Code / Title 7 / Chapter 4 / Part 22 / Section 7-4-2204
7-4-2204 Township officers
Status: in_force

7-4-2204 . Township officers. The officers of townships are as provided elsewhere in this code or by the board of county commissioners.
Mont. Code Ann. § 7-8-2402 — MT Code / Title 7 / Chapter 8 / Part 24 / Section 7-8-2402
7-8-2402 Disposal of land and timber acquired by county pursuant to exchange agreement with United States
Status: in_force

7-8-2402 . Disposal of land and timber acquired by county pursuant to exchange agreement with United States. (1) Any timber acquired from the United States in any exchange may be disposed of by the county commissioners by agreement with the United States department of agriculture that the timber must be cut and removed by any agency selected by the United States department of agriculture, with the understanding that the stumpage payments for timber cut will be paid over to the county in cash as full compensation for the county land exchanged to the United States. The amount of the stumpage payments must equal the appraised value of the county land exchanged for timber, and the cash payments must be deposited in the county treasury for the use of the county.

(2) All land and all timber not subject to the arrangement authorized in subsection (1) and acquired by the county under the provisions of this part may be:

(a) sold by the board of county commissioners in the manner provided by law for the sale of county property, and the proceeds of the sale must be deposited in the county treasury for the use of the county; or

(b) donated or sold at a reduced price to a corporation for the purpose of constructing:

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

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

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

(3) Land that is transferred pursuant to subsection (2)(b) must be used to permanently provide low-income housing. The transfer of the property may contain a reversionary clause to reflect this condition.
Mont. Code Ann. § 7-5-2121 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2121
7-5-2121 Administration of oaths
Status: in_force

7-5-2121 . Administration of oaths. Any member of the board of county commissioners may administer oaths to any persons concerning any matter submitted to them or connected with their powers or duties.
Mont. Code Ann. § 7-15-4403 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4403
7-15-4403 Petition to create municipal housing authority -- hearing and notice
Status: in_force

7-15-4403 . Petition to create municipal housing authority -- hearing and notice. (1) Any 25 residents of a city and of the area within 10 miles from the territorial boundaries thereof may file a petition with the city clerk setting forth that there is a need for an authority to function in the city and said surrounding area.

(2) Upon the filing of such a petition, the city clerk shall give notice of the time, place, and purpose of a public hearing at which the council will determine the need for an authority in the city and said surrounding area.
Mont. Code Ann. § 7-13-4305 — MT Code / Title 7 / Chapter 13 / Part 43 / Section 7-13-4305
7-13-4305 Consumers required to pay for services
Status: in_force

7-13-4305 . Consumers required to pay for services. (1) No person, firm, or corporation shall be permitted to use said system unless they pay the full and established rate for said service.

(2) No person may have service reestablished after it is discontinued pursuant to 7-13-4306 unless they have paid the full amount past due, any interest or penalty on such past-due amount, and any required reestablishment deposit.
Mont. Code Ann. § 7-12-4147 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4147
7-12-4147 Procedure for property owners to do improvement work
Status: in_force

7-12-4147 . Procedure for property owners to do improvement work. The owners of three-fourths of the frontage of lots and lands liable to be assessed or their agents, who shall make oath that they are such owners or agents, shall not be required to present sealed proposals or bids but may, within 3 days after the award pursuant to 7-12-4143 , elect to take such work and enter into a written contract to do the whole work at a price at least 5% less than the price at which the same has been awarded. All work done under such contract shall be subject to the same plans and specifications governing the lowest responsible bidder.
Mont. Code Ann. § 7-3-4304 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4304
7-3-4304 Territorial limits and property
Status: in_force

7-3-4304 . Territorial limits and property. The territorial limits of such municipality shall remain the same as under the former organization, and all rights and property of every description which were vested in any such municipality under its former organization shall vest in the same under the organization herein contemplated, and no right or liability either in favor of or against it, existing at the time and no suit or prosecution of any kind shall be affected by such change unless otherwise provided for in this part or part 44.
Mont. Code Ann. § 7-12-2182 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2182
7-12-2182 Sources of money for revolving fund
Status: in_force

7-12-2182 . Sources of money for revolving fund. (1) For the purpose of providing funds for the revolving fund, the board of county commissioners:

(a) shall, if the bonds or warrants are secured by the revolving fund pursuant to 7-12-2185 , include in the cost of the improvements to be paid from the proceeds of the bonds or warrants an amount of at least 5% and not more than 10% of the principal amount of the bonds or warrants to be issued as provided in 7-12-2153 (2);

(b) may, from time to time, transfer to the revolving fund from the general fund of the county an amount as may be necessary. The amount transferred is a loan from the general fund to the revolving fund.

(c) shall, in addition to a transfer or transfers from the general fund or in lieu of a transfer, levy for the revolving fund a tax, declared to be for a public purpose, on all taxable property in the county as is necessary to meet the financial requirements of the revolving fund. A tax may not be levied if the balance in the revolving fund will exceed 10% or, with the amount levied by the tax, will exceed 10% of the principal amount of the then-outstanding rural improvement district bonds and warrants secured by the revolving fund after all required transfers have been made to the district funds through fiscal yearend.

(2) Whenever there is money in the district fund that is not required for payment of any bond or warrant of the district secured by the revolving fund or of interest on the bond or warrant, as much of the money as may be necessary to pay the loan provided for in 7-12-2183 must, by order of the board, be transferred to the revolving fund and the balance of the money or, if there is no outstanding loan, as much of the money as the board considers necessary may be transferred to the improvement district's maintenance fund. After all the bonds and warrants secured by the revolving fund issued on any rural improvement district have been fully paid, all money remaining in the district fund must, by order of the board, be transferred to and become part of the revolving fund or the improvement district's maintenance fund.
Mont. Code Ann. § 7-12-4109 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4109
7-12-4109 Extension of proposed district
Status: in_force

7-12-4109 . Extension of proposed district. The city council may charge the expenses of the work or improvement to lots not fronting on the improvement and which the council in its resolution of intention declares to be, together with the lots abutting the improvement, the property benefited by the work or improvements whenever:

(1) the contemplated work of improvement, in the opinion of the council, is of more than local or ordinary public benefit; or

(2) the total estimated costs and expenses thereof, according to estimates furnished by the city engineer, would exceed one-fifth of the total taxable value of the lots and lands fronting upon said proposed work or improvement according to the valuation fixed by the last assessment roll.
Mont. Code Ann. § 7-13-4401 — MT Code / Title 7 / Chapter 13 / Part 44 / Section 7-13-4401
7-13-4401 Water regulation
Status: in_force

7-13-4401 . Water regulation. The city or town council has power to provide for the cleaning of waters, watercourses, and streams within the city or to alter, straighten, or widen the same and to provide for the draining and filling in of ponds, wells, or shafts on private property when necessary to the public health or public welfare.
Mont. Code Ann. § 7-3-188 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-188
7-3-188 Special final report requirements -- consolidation or county merger
Status: in_force

7-3-188 . Special final report requirements -- consolidation or county merger. (1) Consolidation or merger may be placed on the ballot only by a joint report by cooperative study commissions.

(2) A final report, in addition to the material required in 7-3-187 , must contain a consolidation plan if county-municipal consolidation or county merger is recommended. The consolidation plan must conform to the provisions and requirements relating to petitions in:

(a) 7-3-143 whenever county-municipal consolidation is recommended; or

(b) 7-3-144 whenever county merger is recommended.
Mont. Code Ann. § 7-21-2402 — MT Code / Title 7 / Chapter 21 / Part 24 / Section 7-21-2402
7-21-2402 Applicability of term transient retail merchant
Status: in_force

7-21-2402 . Applicability of term transient retail merchant. The definition of transient retail merchant shall continue to apply until such person, firm, or corporation shall be continuously engaged at such particular place in the county for a period of 1 year.
Mont. Code Ann. § 7-15-4510 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4510
7-15-4510 Validity and sufficiency of signatures on bonds
Status: in_force

7-15-4510 . Validity and sufficiency of signatures on bonds. In case any of the officers whose signatures appear on any bonds or coupons shall cease to be such officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes the same as if they had remained in office until such delivery.
Mont. Code Ann. § 7-2-2105 — MT Code / Title 7 / Chapter 2 / Part 21 / Section 7-2-2105
7-2-2105 Establishment of townships
Status: in_force

7-2-2105 . Establishment of townships. The board of county commissioners must not set off or organize any new township unless a petition is presented to the board, signed by at least 50 citizens resident therein.
Mont. Code Ann. § 7-7-121 — MT Code / Title 7 / Chapter 7 / Part 1 / Section 7-7-121
7-7-121 Misconduct in relation to bond funds
Status: in_force

7-7-121 . Misconduct in relation to bond funds. (1) (a) Except as provided in subsection (1)(b), when any officer or officers or board or body of officers of any county, city, or other municipal or public corporation of the state are or shall be required by law to provide by a levy of taxes or by certifying the amount of money required or otherwise a sinking fund or fund required to pay at maturity any bonds hereafter issued or created, such officer or officers and the members of such board or body of officers shall be jointly and severally liable to the county, city, or other municipal or public corporation which they represent if they shall fail to perform any such duties required by law, as specified in this section, in an amount equal to the sum which would have been added to such fund had they performed such duty.

(b) When any such board shall fail or neglect to perform any such duty, no minority member of said board who shall have moved said board or voted in favor of a performance of such duty shall be held liable.

(2) Any person or persons who shall take, use, or appropriate or permit to be taken, used, or appropriated any portion of any such fund as herein specified for any purpose other than that permitted by law shall be jointly and severally liable to the county, city, or other municipal or public corporation to which said fund shall belong for the portion of such fund so unlawfully taken, used, or appropriated.
Mont. Code Ann. § 7-7-4252 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4252
7-7-4252 Publication of notice of sale
Status: in_force

7-7-4252 . Publication of notice of sale. If a city or town conducts a public sale, the city or town council or commission shall cause a notice to be published as provided in 17-5-106 in a newspaper of general circulation printed and published in the city or town if there is a newspaper of general circulation and, if not, then in a newspaper of general circulation printed and published in the county in which the city or town is located. The council or commission may in its discretion cause the notice to be published in another newspaper or newspapers published either within or outside of the state that in the opinion of the council or commission will be most likely to give notice of the sale to prospective bidders.
Mont. Code Ann. § 7-12-4224 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4224
7-12-4224 Lien arising due to loan from revolving fund
Status: in_force

7-12-4224 . Lien arising due to loan from revolving fund. Whenever any loan is made to any special improvement district fund or sidewalk, curb, and alley approach warrants from the revolving fund, the revolving fund has a lien for the amount of the loan on all unpaid assessments and installments of assessments on the district, whether delinquent or not. The lien also applies to all money coming into the district fund up to the amount of the loan, together with interest on the loan from the time it was made, at the interest rate that is borne by the bond or warrant for which the loan was made and that was determined at the time the loan was made, even if the interest rate on the bond or warrant subsequently changes.
Mont. Code Ann. § 7-6-106 — MT Code / Title 7 / Chapter 6 / Part 1 / Section 7-6-106
7-6-106 Political subdivisions to receive county warrants for share of in-lieu payments
Status: in_force

7-6-106 . Political subdivisions to receive county warrants for share of in-lieu payments. (1) After apportioning any payment to the several accounts as provided in 7-6-105 , the county treasurer shall prepare in duplicate a complete itemized statement, one copy of which must be filed with the board of county commissioners and the other of which must be filed with the county clerk.

(2) The board shall, by appropriate resolution, order warrants drawn on the county treasury to the order of each political subdivision named in the itemized statement and in the amount of the political subdivision's share in the payment. The county clerk shall draw and sign the warrants, which must also be signed by the presiding officer of the board.

(3) (a) Except as provided in subsection (3)(b), whenever a warrant is presented to the county treasurer, the treasurer shall debit the proper account in the fund and shall pay the amount of the warrant in full, without deduction, to the political subdivision presenting the warrant.

(b) The county treasurer may not honor the warrant unless it is endorsed by the president or other presiding officer of the governing body of the political subdivision. The endorsement of any warrant by the presiding officer of the governing body of a political subdivision as provided in this section constitutes an approval of the agreement under which the payment was received. If a governing body of a political subdivision refuses to receive any warrant delivered pursuant to this section, the amount of the warrant must be refunded to the United States by the county.
Mont. Code Ann. § 7-21-2120 — MT Code / Title 7 / Chapter 21 / Part 21 / Section 7-21-2120
7-21-2120 Regulation of pawnbrokers -- definition
Status: in_force

7-21-2120 . Regulation of pawnbrokers -- definition. (1) The board of county commissioners may, by the adoption of an ordinance that substantially complies with the provisions of 7-5-103 through 7-5-107 , regulate the activities of pawnbrokers located outside the boundaries of an incorporated city or town. The regulations may include but are not limited to:

(a) standards for recordkeeping for all pawns, purchases, and sales;

(b) a provision for a waiting period to allow investigators time to examine merchandise;

(c) required forms of identification needed by persons pledging or selling articles; and

(d) penalty provisions for pawnbrokers who fail to comply with the regulations.

(2) For the purpose of this section, "pawnbroker" means a person engaged in conducting or carrying on the business of loaning money on the person's own behalf or for another, upon personal property, personal security, pawns, or pledges, or engaged in the business of purchasing articles of personal property and reselling or agreeing to resell the articles to the vendors or their assigns at prices agreed on at or before the time of purchase.
Mont. Code Ann. § 7-6-1550 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1550
7-6-1550 Resolution dissolving resort area district upon favorable vote
Status: in_force

7-6-1550 . Resolution dissolving resort area district upon favorable vote. (1) If a majority of the votes cast on the question of dissolving the resort area district are in favor of dissolving the resort area district, the board of county commissioners shall enter into its minutes an order, by resolution, dissolving the resort area district. The resolution must contain, explicitly or by reference, an orderly plan of dissolution.

(2) Immediately following adoption of the resolution dissolving the resort area district, the board of county commissioners shall file with the secretary of state and the county clerk and recorder a copy of the resolution.

(3) The resort area district is dissolved as provided in the plan of dissolution.
Mont. Code Ann. § 7-33-2403 — MT Code / Title 7 / Chapter 33 / Part 24 / Section 7-33-2403
7-33-2403 Operation of fire service area -- voted levy for volunteer firefighters' disability income insurance or workers' compensation coverage
Status: in_force

7-33-2403 . Operation of fire service area -- voted levy for volunteer firefighters' disability income insurance or workers' compensation coverage. (1) Whenever the board of county commissioners has established a fire service area, the commissioners may:

(a) govern and manage the affairs of the area;

(b) appoint five qualified trustees to govern and manage the affairs of the area; or

(c) authorize the election of five qualified trustees to govern and manage the affairs of the area. The term of office and procedures for nomination and election are the same as those provided for election of rural fire district trustees in 7-33-2106 .

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

(3) If the commissioners appoint trustees under subsection (1), the provisions of 7-33-2105 apply and 7-33-2106 applies whether the trustees are elected or appointed, except that the trustees shall prepare annual budgets and request a schedule of rates for the budget.
Mont. Code Ann. § 7-6-2541 — MT Code / Title 7 / Chapter 6 / Part 25 / Section 7-6-2541
7-6-2541 County detention center inmate medical costs
Status: in_force

7-6-2541 . County detention center inmate medical costs. The board of county commissioners shall budget and expend funds for inmate medical care, including but not limited to costs of providing direct medical care, medication, medical services, hospitalization, insurance premiums, self-insured coverage, or contracted services for expenses that must be borne by the county for inmates confined in a county detention center as provided for in 7-32-2224 .
Mont. Code Ann. § 7-3-150 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-150
7-3-150 General ballot requirements
Status: in_force

7-3-150 . General ballot requirements. (1) The question of adopting an alteration of an existing form of government proposed by petition shall be submitted to the electors in substantially the following form:

Vote for one:

☐ FOR adoption of the (self-government charter, amendment to an existing charter, or plan of government) proposed for (insert name of local government) proposed by petition of the people.

☐ FOR the existing form of government.

(2) The whole number of ballots shall be divided into two equal sets. No more than one set may be used in printing the ballot for use in any one precinct and all ballots furnished for use in one precinct shall be identical. The existing plan of government shall be printed as the first item and the proposed plan as the second item on half of the ballots and the proposed form as the first item and the existing form as the second item on the other half of the ballots. If the local government consists of only one precinct, the existing plan shall be listed first on the ballot.
Mont. Code Ann. § 7-5-4311 — MT Code / Title 7 / Chapter 5 / Part 43 / Section 7-5-4311
7-5-4311 Municipal contracts -- conflict of interest
Status: in_force

7-5-4311 . Municipal contracts -- conflict of interest. (1) (a) Except as provided in Title 18, chapter 2, part 5, regarding use of an alternative project delivery contract, the governing body of a city or town or other local government legislative body may not award a construction contract to a contractor if the entity has a financial interest, directly or indirectly, with a person, employee, contractor, subcontractor, or entity that has participated in the design or engineering of the project as a consultant or otherwise, or that represents the owner in the oversight or management of the contracted project, without disclosure of the conflict.

(b) A contractor who fails to disclose a conflict with the submission of a bid must be determined to be nonresponsive to the bid. The governing body shall, at the time of bid opening, announce the disclosure of any conflicts for all bidders, Subsequent to bid opening and prior to formal award, the governing body shall, in a public meeting, receive public comment on disclosed conflicts. The governing body may determine and stipulate appropriate remedies, if any, in the formal award of the contract.

(2) For the purposes of this section, "financial interest" has the same meaning as provided in 7-5-2311 .
Mont. Code Ann. § 7-6-4502 — MT Code / Title 7 / Chapter 6 / Part 45 / Section 7-6-4502
7-6-4502 Call for payment of warrants drawing interest
Status: in_force

7-6-4502 . Call for payment of warrants drawing interest. (1) Except as provided in subsection (2), when there is money in the city or town treasury applicable to the payment of any warrants drawing interest and sufficient to pay the warrants, the city treasurer or town clerk shall:

(a) give notice in some newspaper published in the city or town or, if a newspaper is not published in the city or town, by written notice posted in a conspicuous place on the outer door of the office of the city treasurer or town clerk, stating that the treasurer or clerk is ready to pay the warrants and giving the number of the warrants to be paid; and

(b) if the warrants are subject to purchase by the county for investment as provided in 7-6-2701 , notify the county treasurer that any warrants in the possession of the county will be paid upon presentation to the city treasurer or town clerk.

(2) If all of the warrants are held by a county, only the notice provided for in subsection (1)(b) is required.

(3) The warrants called cease to draw interest from the time of the first publication or posting of the notice unless all of the warrants are held by a county, in which case the warrants cease to draw interest from the time of notification of the county treasurer.
Mont. Code Ann. § 7-13-2102 — MT Code / Title 7 / Chapter 13 / Part 21 / Section 7-13-2102
7-13-2102 Constructed mains not to interfere with use of road
Status: in_force

7-13-2102 . Constructed mains not to interfere with use of road. When constructed, such pipeline shall not now or in the future interfere with the surface use of such road or highway.
Mont. Code Ann. § 7-31-4206 — MT Code / Title 7 / Chapter 31 / Part 42 / Section 7-31-4206
7-31-4206 Procedure to maintain open ditch
Status: in_force

7-31-4206 . Procedure to maintain open ditch. (1) If a person claims that the water has not been abandoned and claims the right to use water in a ditch that the city or town has declared a public nuisance, the person shall notify the city or town before the expiration of the 60-day period that the person wishes to continue the use of the water within the city or town and that the person, individually or with others, will provide protective devices as ordered by the city or town.

(2) If notice is given, the person or persons claiming the water right or rights has a period not to exceed 6 months to remove the public nuisance in the manner ordered by the city or town.

(3) If the city or town approves the work, it shall permit the water to flow into the city or town. If the protective device is not provided or if it does not meet specifications required by the city or town, the city or town may designate the ditch abandoned and order it closed or filled when the 6-month period ends.
Mont. Code Ann. § 7-2-4745 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4745
7-2-4745 Effect of appeal on effective date of annexation
Status: in_force

7-2-4745 . Effect of appeal on effective date of annexation. If part or all of the area annexed under the terms of an annexation ordinance is the subject of an appeal to the lower or higher court on the effective date of the ordinance, then the ordinance shall be deemed amended to make the effective date with respect to such area the date of the final judgment of the lower or higher court, whichever is appropriate, or the date the municipal governing board completes action to make the ordinance conform to the court's instructions in the event of remand.
Mont. Code Ann. § 7-34-2161 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2161
7-34-2161 Dissolution of hospital district
Status: in_force

7-34-2161 . Dissolution of hospital district. At any time after 5 years from the date any public hospital district is created, such district may be dissolved upon presentation to the board of county commissioners of a petition signed by at least 51% of the owners of property lying within such district as shown by the last-completed assessment roll.
Mont. Code Ann. § 7-3-1201 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1201
7-3-1201 Authorization for consolidated city-county government
Status: in_force

7-3-1201 . Authorization for consolidated city-county government. The separate corporate existence and government of any county and of each and every city and town therein may be abandoned and terminated and such county and each and all of the cities and towns therein may be consolidated and merged into one municipal corporation and government under this part and part 13 by proceeding as hereinafter provided.
Mont. Code Ann. § 7-2-4906 — MT Code / Title 7 / Chapter 2 / Part 49 / Section 7-2-4906
7-2-4906 Effect of sufficient vote to disincorporate
Status: in_force

7-2-4906 . Effect of sufficient vote to disincorporate. (1) If the canvass reveals that 60% or more of all the votes cast were in favor of disincorporation, the county commissioners shall file in their office and cause to be entered upon their proceedings an order granting the petition for disincorporation and declaring that the city or town is disincorporated. The order takes effect within 60 days following the date of the order.

(2) A certified copy of the order must be sent to the secretary of state and the director of the department of administration.
Mont. Code Ann. § 7-6-2422 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2422
7-6-2422 Opposition to claims
Status: in_force

7-6-2422 . Opposition to claims. Any resident or taxpayer of the county may appear before the board and oppose the allowance of any claim or demand made against the county.
Mont. Code Ann. § 7-7-107 — MT Code / Title 7 / Chapter 7 / Part 1 / Section 7-7-107
7-7-107 Limitation on amount of bonds for city-county consolidated units
Status: in_force

7-7-107 . Limitation on amount of bonds for city-county consolidated units. (1) Except as provided in 7-7-108 , a city-county consolidated local government may not issue bonds for any purpose in an amount that, with all outstanding indebtedness, exceeds 2.5% of the total assessed value of taxable property, determined as provided in 15-8-111 , within the consolidated government, as ascertained by the last assessment for state and county taxes.

(2) The issuing of bonds for the purpose of funding or refunding outstanding warrants or bonds is not the incurring of a new or additional indebtedness but is merely the changing of the evidence of outstanding indebtedness.
Mont. Code Ann. § 7-14-4731 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4731
7-14-4731 Authorization for improvement districts to lease and operate offstreet parking facilities
Status: in_force

7-14-4731 . Authorization for improvement districts to lease and operate offstreet parking facilities. (1) In addition to the purposes for which an improvement district may be formed under the provisions of 7-12-4301 , 7-14-4701 , and 7-14-4711 , an improvement district may be formed for the sole purpose of leasing real property to be used as offstreet parking sites; for the improvement of such offstreet parking sites by grading, paving, ordering the installation of lighting poles, wires, conduits, lamps, standards, and other appliances for the purpose of lighting and beautifying the offstreet parking areas and entrances thereto; and for the operation and maintenance thereof.

(2) Subject to the powers granted and the limitations contained in this section, 7-12-4131 , 7-12-4301 (2), 7-12-4327 , 7-14-4701 through 7-14-4704 , 7-14-4711 through 7-14-4714 , and 7-14-4733 through 7-14-4737 , the powers and duties of the governing body of the municipality and the procedure to be followed shall be as provided in parts 41 and 42 of chapter 12 for other types of special improvement districts.

(3) No improvement district formed under provisions of this section shall be authorized to engage in any activity other than the leasing of offstreet parking sites and the improvement, operation, and maintenance of same.

(4) The formation of an improvement district for offstreet parking purposes under the provisions of this section shall not prevent the subsequent establishment of improvement districts for any other purpose authorized by law.
Mont. Code Ann. § 7-4-2615 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2615
7-4-2615 Records of water users' associations
Status: in_force

7-4-2615 . Records of water users' associations. In each county where water users' associations organized in conformity with the federal reclamation laws of the United States exist, the county commissioners are required to furnish the county recorder with books for the proper recording of stock subscriptions, contracts, articles of incorporation, and stock certificates of such associations, containing printed blank forms of the stock subscriptions, contracts, articles of incorporation, and stock certificates. The forms are to be prepared by the attorney general and used by the county recorder for the recording of all such stock subscriptions, contracts, articles of incorporation, and stock certificates.
Mont. Code Ann. § 7-12-4133 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4133
7-12-4133 Power to require certain utility connections
Status: in_force

7-12-4133 . Power to require certain utility connections. (1) The city or town council shall have power to require connections from gas pipes, water pipes, steam heating pipes, and sewers to the curb line of the adjacent property to be made before the permanent improvement of the streets whereon they are located and to regulate the making of such connections on the already improved streets or on unimproved streets.

(2) (a) In case the owners of the property on such streets shall fail to make such connections within the time fixed by the council, the council may cause such connections to be made and shall assess against the property in front of which said connections are made the entire cost and expense thereof.

(b) All assessments levied under the provisions of this section shall be enforced and collected in the same manner as other special assessments provided for in part 44 of chapter 6 and amendments thereof. All such assessments shall be a lien against the property.
Mont. Code Ann. § 7-13-2213 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2213
7-13-2213 Effect of insufficient favorable vote
Status: in_force

7-13-2213 . Effect of insufficient favorable vote. In case less than a majority of the votes cast are in favor of said proposition, the organization fails but without prejudice to renewing proceedings at any time in the future.
Mont. Code Ann. § 7-7-2263 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2263
7-7-2263 Interest on late payments of principal and interest on bonds held by state
Status: in_force

7-7-2263 . Interest on late payments of principal and interest on bonds held by state. Any and all installments of interest or principal on bonds held by the state and not promptly paid at the office of the state treasurer when due shall draw interest at the rate of 6% per annum from the date due until actually paid, irrespective of the rate of interest on the bonds themselves.
Mont. Code Ann. § 7-21-2102 — MT Code / Title 7 / Chapter 21 / Part 21 / Section 7-21-2102
7-21-2102 Procedure to supply license blanks
Status: in_force

7-21-2102 . Procedure to supply license blanks. (1) The county clerk and recorder shall prepare and have printed blank licenses as may be required, and after affixing the clerk's official seal to the licenses, the clerk shall deliver the licenses to the county treasurer. At the time of delivery, the clerk shall charge the county treasurer with the licenses by appropriate entry in the clerk's records showing the amount, numbers, and classes of licenses furnished.

(2) As licenses are issued and accounted for by the county treasurer, the county clerk and recorder shall credit the account with all licenses issued and accounted for, so that the account will at all times show the number of licenses furnished to the treasurer, their numbers, the number issued or canceled, and the number remaining in the hands of the county treasurer.

(3) On the first Monday in each month, the county treasurer shall return to the county clerk and recorder all licenses unsold and show that the treasurer has paid into the county treasury all money collected for licenses sold during the preceding month.
Mont. Code Ann. § 7-8-2703 — MT Code / Title 7 / Chapter 8 / Part 27 / Section 7-8-2703
7-8-2703 Creation of county land advisory boards
Status: in_force

7-8-2703 . Creation of county land advisory boards. (1) There is hereby created in each county a department of county government of the state of Montana, to be known and designated as "the county land advisory board".

(2) The general purposes of this department shall be to cooperate with the board of county commissioners of each county in administering lands belonging to the respective counties.
Mont. Code Ann. § 7-3-184 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-184
7-3-184 Financial administration
Status: in_force

7-3-184 . Financial administration. (1) A study commission shall prepare a budget for each fiscal year that it is in existence and shall submit it to the local governing body for approval.

(2) (a) For the support of the study commission, for each fiscal year that the study commission is in existence, each local government under study shall appropriate an amount necessary to fund the study, and the local government may levy mills in excess of all other mill levies authorized by law to fund the appropriation for the support of the study commission.

(b) The local government shall provide office and meeting space and clerical assistance to the study commission. The cost of clerical assistance and other in-kind services provided by the local government may be used to partially fulfill the appropriation provision of subsection (2)(a).

(c) The local government may provide additional funds and other assistance.

(3) The study commission may apply for and accept available private, state, and federal money and may accept donations from any source.

(4) All money received by the study commission must be deposited with the local government finance administrator. The finance administrator is authorized to disburse appropriated money of the study commission on the study commission's order after approval of the budget by the governing body. Unexpended money of the study commission does not revert to the general fund of the local government at the end of the fiscal year but carries over to the study commission's appropriation for the following fiscal year. Upon termination of the study commission, unexpended money reverts to the general fund of the local government.
Mont. Code Ann. § 7-15-2112 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2112
7-15-2112 Administration and operation of county housing authority -- application of municipal laws
Status: in_force

7-15-2112 . Administration and operation of county housing authority -- application of municipal laws. (1) The commissioners of a housing authority created for a county may be appointed and removed by the board of county commissioners of the county in the same manner as the commissioners of a housing authority created for a city may be appointed and removed by the mayor.

(2) Except as otherwise provided in this part, each housing authority created for a county and the commissioners thereof shall have the same functions, rights, powers, duties, and limitations provided for housing authorities created for cities and the commissioners of such housing authorities, and for such purposes, unless a different meaning clearly appears from the context:

(a) the term "mayor" or "council" as used in the housing authorities law and any amendments thereto shall be construed as meaning "board of county commissioners";

(b) the term "city clerk" as used therein shall be construed as meaning "county clerk";

(c) the term "city" as used therein shall be construed as meaning "county"; and

(d) the term "ordinance" shall be construed as meaning "resolution".
Mont. Code Ann. § 7-7-2273 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2273
7-7-2273 Cancellation of warrants and refunded general obligation bonds
Status: in_force

7-7-2273 . Cancellation of warrants and refunded general obligation bonds. (1) Whenever bonds are issued for the purpose of funding outstanding warrants or refunding outstanding bonds, the county treasurer shall, upon taking up such warrants or bonds, cancel the same, keep a record thereof, and deliver the same to the county clerk, with a report showing the numbers thereof and the amounts paid for principal and interest.

(2) The county clerk shall exhibit such warrants and bonds, with such report, to the board of county commissioners at the next regular meeting thereof.
Mont. Code Ann. § 7-32-222 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-222
7-32-222 Reserve officer change in residency
Status: in_force

7-32-222 . Reserve officer change in residency. A reserve officer may change permanent residency to another county and remain a member of the reserve officer unit to which the reserve officer was appointed provided that:

(1) the statutory basic training requirements have been met;

(2) the probationary period established by the law enforcement agency is completed; and

(3) approval for continuing membership is granted by the chief law enforcement administrator controlling the reserve unit.
Mont. Code Ann. § 7-32-2227 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2227
7-32-2227 Inmate eligibility for participation
Status: in_force

7-32-2227 . Inmate eligibility for participation. A person may be permitted to participate in a county jail work program if the person:

(1) has been sentenced to the county jail for an offense and is not confined in the county jail upon process in a civil action or prior to examination or trial;

(2) is not serving a sentence for homicide, robbery, sexual intercourse without consent, arson, burglary, kidnapping, escape, assault, partner or family member assault, incest, or any other offense in which violence is an element of the crime or for an offense during the course of which bodily injury occurred;

(3) was not prohibited from participating in the county work program by the sentencing judge, magistrate, or justice of the peace or by the judge's, magistrate's, or justice's successor; and

(4) has applied to participate to the county sheriff and the sheriff, pursuant to written policy, has approved the participation.
Mont. Code Ann. § 7-15-4462 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4462
7-15-4462 Exercise of power of eminent domain
Status: in_force

7-15-4462 . Exercise of power of eminent domain. (1) After the adoption by the authority of a resolution declaring that the acquisition of the property described in the resolution is in the public interest and necessary for public use, the authority may acquire by eminent domain any real property, including fixtures and improvements, that it considers necessary to carry out the purposes of part 45 and this part.

(2) The authority shall exercise the power of eminent domain pursuant to the provisions of Title 70, chapter 30.

(3) Property already devoted to a public use may be acquired, provided that:

(a) property belonging to any city or municipality within the boundaries of the authority or belonging to any government may not be acquired without the government's consent; and

(b) property belonging to a public utility corporation may not be acquired without the approval of the commission or other officer or tribunal having regulatory power over the corporation if the utility is subject to regulatory power.
Mont. Code Ann. § 7-12-4504 — MT Code / Title 7 / Chapter 12 / Part 45 / Section 7-12-4504
7-12-4504 Responsibility and liability of property owners following abandonment of district
Status: in_force

7-12-4504 . Responsibility and liability of property owners following abandonment of district. (1) Following passage of the resolution of abandonment, it shall be the duty of all property owners owning property abutting said district to maintain such portion thereof abutting their property.

(2) Such abandonment, however, shall not relieve the property owners from the assessment and payment of a sufficient amount to liquidate all charges existing against said district prior to the date of abandonment.
Mont. Code Ann. § 7-3-103 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-103
7-3-103 Amendment of self-government charter or adopted alternative form of government -- proposed change in type of election -- election
Status: in_force

7-3-103 . Amendment of self-government charter or adopted alternative form of government -- proposed change in type of election -- election. (1) An amendment to a self-government charter or an adopted alternative form of government may only be made by submitting the question of amendment to the electors of the local government as provided in 7-3-149 . An amendment approved by the electors becomes effective on the first day of the local government fiscal year following the fiscal year of approval unless the question submitted to the electors provides otherwise.

(2) An amendment to a self-government charter or an adopted alternative form of government may be proposed by:

(a) petition as provided in 7-3-125 ;

(b) the local government by ordinance; or

(c) a study commission recommendation pursuant to 7-3-192 .

(3) The local government, by ordinance, may provide procedures for the submission and verification of initiative petitions.

(4) The question to change the type of election held under an elected county official government provided for in 7-3-111 from being conducted on a partisan basis to being conducted on a nonpartisan basis or from being conducted on a nonpartisan basis to being conducted on a partisan basis may, by ordinance, be submitted to the electorate of the local government as provided in 7-3-149 . A change to the type of election requires an affirmative vote of a simple majority of those voting on the question, pursuant to 7-3-149 .
Mont. Code Ann. § 7-6-502 — MT Code / Title 7 / Chapter 6 / Part 5 / Section 7-6-502
7-6-502 Levy for juvenile detention programs
Status: in_force

7-6-502 . Levy for juvenile detention programs. (1) Subject to 15-10-420 , a local government may impose a levy on the taxable value of all property within its jurisdiction in an amount determined by the governing body for the purpose of financing the establishment and operation of juvenile detention programs.

(2) Local governments may use the funds derived from a levy authorized in subsection (1) to contract with other units of local government to purchase services from available juvenile detention programs consistent with the purposes of the levy as stated in subsection (1).
Mont. Code Ann. § 7-7-2265 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2265
7-7-2265 Tax levy for payment of bonds
Status: in_force

7-7-2265 . Tax levy for payment of bonds. (1) The board of county commissioners, at the time of making the levy of taxes for county purposes, must levy a separate and special tax upon all taxable property in the county for the payment of interest on and principal of each series or issue of bonds outstanding. The tax levy for any one series or issue of bonds must be entirely separate and distinct from the levy for any other series or issue of bonds.

(2) Except as provided in subsection (3), the levy made for the purpose of paying interest on and principal of each series or issue of bonds must be high enough to raise an amount sufficient to pay all interest on and so much of the principal, if any, of the bonds as will become due and payable during the then-current fiscal year or within 90 days after the fiscal year, as shown by the treasurer's statement provided by 7-7-2264 . If no part of the principal of the bonds become due and payable within that time, then the tax levy must be high enough to:

(a) raise an amount sufficient to pay all interest that will become due and payable during the current fiscal year or within 90 days after the fiscal year; and

(b) place in the sinking fund for the issue or series of bonds, for the payment of the principal when it becomes due, an amount not less than a sum produced by dividing the whole amount for which the series or issue of bonds was originally issued by the number of years for which the series or issue was originally issued to run.

(3) The annual levies made for the purpose of paying off bonds that do not provide for periodic interest payments but, rather, are sold at a discount from their face value, as provided in 7-7-2212 through 7-7-2215 , must be actuarially sufficient so that at the time for redemption, there is an amount in the sinking fund sufficient to redeem the bonds.
Mont. Code Ann. § 7-3-513 — MT Code / Title 7 / Chapter 3 / Part 5 / Section 7-3-513
7-3-513 Type of election
Status: in_force

7-3-513 . Type of election. Local government elections shall be conducted on a:

(1) partisan basis; or

(2) nonpartisan basis.
Mont. Code Ann. § 7-2-2801 — MT Code / Title 7 / Chapter 2 / Part 28 / Section 7-2-2801
7-2-2801 Alteration of county boundaries for public safety purposes -- authorization -- petition -- definitions
Status: in_force

7-2-2801 . Alteration of county boundaries for public safety purposes -- authorization -- petition -- definitions. (1) County boundaries may be altered for reasons of improving public safety as provided in this part.

(2) (a) Before a petition to alter county boundaries as provided in this part may be circulated for signatures, a sample petition must be submitted to the county election administrator of the county in which the property is located for approval as to form. The person submitting the sample petition shall consult with a professional land surveyor, as defined in 37-67-101 , to prepare a legal description of the proposed new county boundary.

(b) The county election administrator shall refer a copy of the sample petition to the county attorney, who shall review the sample petition to ensure compliance with the requirements of this part.

(c) The county attorney shall cooperate with and provide necessary services to the person who submitted the petition to ensure that an adequate and valid legal description is written for the proposed new county boundary.

(d) If the petition is rejected as to form, the county election administrator shall within 10 days after submission of the sample send written notice of the rejection to the person who submitted the petition. If the petition is approved as to form, the election administrator shall within 10 days after submission of the sample send written notice of the approval to the person who submitted the petition. After that notice, the petition may not be challenged except with regard to the number and validity of signatures appended to it.

(3) Upon approval as to form, a petition to alter county boundaries for public safety purposes may be circulated for signatures.

(4) To be considered at an election, the petition must be signed by at least 25 or a majority of the qualified petitioners, whichever is less, and must be submitted within 120 days of the petition's approval as to form to the county clerks of the adjoining counties for which boundary changes are proposed requesting that the proposed boundary changes be submitted to the qualified electors of the adjoining counties.

(5) The petition must include:

(a) the names of the qualified petitioners and the legal description of the property owned by the qualified petitioner that is proposed to be transferred to an adjoining county;

(b) a general description of the property proposed to be moved from one county to another;

(c) a general description and legal description of the proposed boundary change;

(d) a map showing the proposed boundary change; and

(e) the reason, based on proximity to public safety services, for the proposed boundary change.

(6) For the purposes of this part, the following definitions apply:

(a) "Public safety services" means law enforcement, firefighting, or emergency medical services.

(b) "Qualified petitioner" means an owner of real property in an area of a county that is proposed to become part of an adjoining county whose property may be reached more quickly by public safety services headquartered in the county seat of an adjoining county than by public safety services headquartered in the county seat of the county in which the owner's property is located.
Mont. Code Ann. § 7-15-4405 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4405
7-15-4405 Hearing on petition
Status: in_force

7-15-4405 . Hearing on petition. Upon the date fixed for said hearing held upon notice as provided in 7-15-4403 and 7-15-4404 , an opportunity to be heard shall be granted to all residents and taxpayers of the city and said surrounding area and to all other interested persons.
Mont. Code Ann. § 7-3-4319 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4319
7-3-4319 Designation of mayor
Status: in_force

7-3-4319 . Designation of mayor. (1) The mayor is the member of the commission who, at the general municipal election at which the commissioners were elected, received the highest number of votes. In case two candidates receive the same number of votes, one of them must be chosen mayor by the remaining members of the commission.

(2) If a vacancy in the office of the mayor is caused by the expiration of the term of office, the holdover commissioner who received the highest number of votes is the mayor. If there is a vacancy in the office of the mayor for any other cause, the remaining members of the commission shall choose the mayor's successor for the unexpired term from their own number by lot.

(3) If the commissioner who is acting as mayor is recalled, the remaining members of the commission shall select one of their number to serve as mayor for the unexpired term. If all of the commissioners are recalled, the person receiving the highest number of votes at the election held to determine their successors is the mayor.
Mont. Code Ann. § 7-3-4210 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4210
7-3-4210 Form of ballot
Status: in_force

7-3-4210 . Form of ballot. At an election under 7-3-4208 , the ballots must be headed "Election for the purpose of submitting to the qualified electors of the city of .... the question of reorganization of the city of .... under Chapter 57, Laws of 1911" and must be substantially in the following form:

☐ FOR reorganization of the city of .... under Chapter 57, Laws of 1911.

☐ AGAINST reorganization of the city of .... under Chapter 57, Laws of 1911.
Mont. Code Ann. § 7-22-2601 — MT Code / Title 7 / Chapter 22 / Part 26 / Section 7-22-2601
7-22-2601 Invasive species ordinances
Status: in_force

7-22-2601 . Invasive species ordinances. (1) Subject to subsection (2), counties located within the Columbia River basin may adopt ordinances and resolutions regarding the prevention or control of invasive species, as defined in 80-7-1003 , within the county.

(2) If an Indian reservation is located within the boundaries of the county, the board of county commissioners shall consult with the governing body of the tribe or tribes of the Indian reservation prior to adopting an ordinance pursuant to this section.
Mont. Code Ann. § 7-3-189 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-189
7-3-189 Special final report requirements for disincorporation
Status: in_force

7-3-189 . Special final report requirements for disincorporation. If a study commission proposes municipal disincorporation, the final report shall contain the following additional material and documents:

(1) a certificate of disincorporation instead of a plan of government; and

(2) a recommended plan of disincorporation.
Mont. Code Ann. § 7-4-2107 — MT Code / Title 7 / Chapter 4 / Part 21 / Section 7-4-2107
7-4-2107 Compensation of county commissioners
Status: in_force

7-4-2107 . Compensation of county commissioners. (1) Subject to subsection (2), each member of the board of county commissioners shall receive an annual salary equal to the annual salary established in 7-4-2503 for the clerk and recorder plus $2,000.

(2) Each board may elect to serve on a part-time rather than a full-time basis and receive part-time annual salaries based on the annual salary established in 7-4-2503 (1)(a) for the clerk and recorder.

(3) This section does not apply to counties that have adopted a charter form of government.
Mont. Code Ann. § 7-15-4504 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4504
7-15-4504 Bonds and other obligations to be fully negotiable
Status: in_force

7-15-4504 . Bonds and other obligations to be fully negotiable. Any provision of any law to the contrary notwithstanding, any bonds, interim certificates, or other obligations issued pursuant to this part and part 44 shall be fully negotiable.
Mont. Code Ann. § 7-6-2408 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2408
7-6-2408 Auditor's powers related to investigations
Status: in_force

7-6-2408 . Auditor's powers related to investigations. (1) The county auditors are hereby authorized to administer any oath or affirmation rendered necessary to the performance of the duties of their respective offices.

(2) The county auditors shall have power to issue process and compel the attendance of witnesses before them and examine any matter they may deem necessary. Any witness attending before such auditor shall receive the same fees and mileage as witnesses attending before justices of the peace in trial or examinations in criminal cases.
Mont. Code Ann. § 7-2-2225 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2225
7-2-2225 Officers of new county
Status: in_force

7-2-2225 . Officers of new county. (1) Except as provided in subsections (2) through (4), at the election provided for in 7-2-2215 , there must be chosen a board of county commissioners and other county and district officers as are provided by law.

(2) All elected, qualified, and acting officers of the county or counties who reside within the proposed new county are considered to be officers of the new county if they file, within 5 days after the final hearing and determination of the petition for the proposed new county, with the board of county commissioners whose duty it is to call the election. Filing with the board is the officers' declaration of intent to become officers of the proposed new county. The board issuing the proclamation of the election may not provide for the election of any officers who have filed their declaration to continue in office.

(3) All elected, qualified, and acting justices of the peace residing within the proposed new county shall hold office as justices of the peace in the new county for the remainder of the term for which they were elected.

(4) All elected, qualified, and acting school trustees residing within the proposed new county at the time of the division of the county into school districts, as provided in Title 20, chapter 6, shall hold office as school trustees in the new county for the remainder of the term for which they were elected on qualifying as school trustees for the respective districts in which they reside, as these districts are organized.

(5) The officers elected or appointed under the provisions of this part shall perform the duties and receive the compensation provided by general law for the office to which they have been appointed or elected in the counties of the class to which the new county belongs.