Mont. Code Ann. § 7-12-4227 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4227
7-12-4227 Utilization of excess money in revolving fund
Status: in_force

7-12-4227 . Utilization of excess money in revolving fund. Whenever there is an amount in the revolving fund in excess of the amount deposited in the revolving fund under 7-12-4169 (2) and in excess of 10% of the outstanding special improvement district bonds and warrants secured by the revolving fund and the council considers any part of the excess to be greater than the amount necessary for payment or redemption of maturing bonds or warrants secured by the revolving fund or interest on the revolving fund, the council may order that any part of the amount of the excess that is greater than the amount necessary for the payment or redemption of maturing bonds or warrants secured by the revolving fund or interest on the revolving fund to be:

(1) transferred to the general fund of the city or town;

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

(3) used for the purchase of property that may have been struck off or sold to the county for delinquent taxes, assessments, or both and against which there is an unpaid assessment for special improvements and there are outstanding special improvement district bonds or warrants of the city or town.
Mont. Code Ann. § 7-21-2105 — MT Code / Title 7 / Chapter 21 / Part 21 / Section 7-21-2105
7-21-2105 Disbursement of license fees
Status: in_force

7-21-2105 . Disbursement of license fees. All money collected by the county treasurer for licenses issued by the county under this chapter must be paid into the treasury of the county for the use of the county.
Mont. Code Ann. § 7-7-4102 — MT Code / Title 7 / Chapter 7 / Part 41 / Section 7-7-4102
7-7-4102 Investment of certain bond proceeds
Status: in_force

7-7-4102 . Investment of certain bond proceeds. (1) Whenever the city or town has under its control any money realized from the sale of bonds, for which there is no immediate demand and which in the judgment of the city or town council it would be advantageous to invest in any time or savings deposits, United States certificates of indebtedness, United States treasury notes, or United States treasury bonds having a maturity date of 1 year or less, the city or town council is authorized in their discretion to direct the city treasurer or town clerk to make such investments.

(2) Interest earned from such investments, including interest on the sale of bonds accrued in the period between the date of issue and the time of purchase, shall be credited to the bond sinking fund of the city or town.
Mont. Code Ann. § 7-35-2134 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2134
7-35-2134 Use of bank as trustee
Status: in_force

7-35-2134 . Use of bank as trustee. The board of trustees shall also have the power and authority to nominate any bank which is authorized to act as a trust company in Montana under state or federal law to be trustee of such trust fund. In that event the district court shall make appointment of such nominee which shall serve in such capacity without bond but shall be required to make all reports and discharge all the duties and obligations required of individual trustees.
Mont. Code Ann. § 7-32-109 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-109
7-32-109 Hearing procedure for employee discharged by elected director
Status: in_force

7-32-109 . Hearing procedure for employee discharged by elected director. (1) A director who is elected shall at the time of the discharge or termination of employment of any subordinate employee be required to follow the procedures of notice required of an appointed director.

(2) Any employee discharged or terminated by an elected director is entitled to a hearing before the public safety commission in the manner provided in 7-32-108 .

(3) The public safety commission shall, after the conclusion of the hearing, decide whether the charges resulting in the employee's discharge or termination have been proven.

(4) The commission may request that the elected director reinstate an employee in all cases wherein a majority of the commission members find the charges not proven. The director may deny such a request for reinstatement but shall provide the commission with a written statement, subscribed and sworn to by the director, setting forth the reason or reasons for the refusal to reinstate the discharged or terminated employee. Such written statement shall become a part of the records of the proceedings of the commission and shall be open to public scrutiny.

(5) In all cases wherein the commission finds the charges not proven but the elected director refuses to reinstate the discharged or terminated employee or cases wherein a majority of the commission members find the charges proven, the employee may appeal the decision in the manner provided in 7-32-108 .
Mont. Code Ann. § 7-3-312 — MT Code / Title 7 / Chapter 3 / Part 3 / Section 7-3-312
7-3-312 Appointment to boards
Status: in_force

7-3-312 . Appointment to boards. All members of boards, other than temporary advisory committees established by the manager, must be appointed by:

(1) the presiding officer with the consent of the commission;

(2) the manager with the consent of the commission; or

(3) the commission.
Mont. Code Ann. § 7-32-124 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-124
7-32-124 Appointment to seven-member public safety commission
Status: in_force

7-32-124 . Appointment to seven-member public safety commission. (1) Upon the creation of a seven-member commission:

(a) three members must be appointed by the legislative body of the city or town;

(b) three members must be appointed by the board of county commissioners; and

(c) one member must be appointed by the members of the board of county commissioners and the members of the city or town, meeting in joint session.

(2) In order to be appointed, a candidate for the appointment to a seven-member commission by the joint meeting must receive a majority of the votes of the members of the board of county commissioners and a majority of the votes of the members of the legislative body of the city or town voting on the question.

(3) Initially, three commission members shall each serve a 4-year term and four commission members shall each serve a 2-year term. Each commission member shall draw a lot to determine the length of the member's term.
Mont. Code Ann. § 7-12-4181 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4181
7-12-4181 Collection of district assessments by county clerk -- certification
Status: in_force

7-12-4181 . Collection of district assessments by county clerk -- certification. (1) Except as provided in 7-12-4183 , in each city or town where taxes for general, municipal, and administrative purposes are certified to and collected by the county treasurer immediately after the second Monday of August of each year, it is the duty of the city treasurer or town clerk to certify to the department of revenue, at the same time that the copy of the resolution determining the annual levy for general taxes is certified by the city or town clerk to the county clerk, all special assessments and taxes levied and assessed in accordance with any of the provisions of part 42 and this part.

(2) The department of revenue shall enter the special assessments and taxes upon the property tax record for the county. The county treasurer shall collect all taxes and assessments in the same manner and at the same time as taxes for general, municipal, and administrative purposes are collected.
Mont. Code Ann. § 7-16-2109 — MT Code / Title 7 / Chapter 16 / Part 21 / Section 7-16-2109
7-16-2109 Single assessment for county fair activities, county parks, and certain cultural, social, and recreational facilities -- restriction
Status: in_force

7-16-2109 . Single assessment for county fair activities, county parks, and certain cultural, social, and recreational facilities -- restriction. (1) Subject to 15-10-420 and except as provided in subsection (2) of this section, the county commissioners of a county that has levied taxes pursuant to 7-16-2102 may combine that levy with any fees assessed in accordance with 7-11-1024 into a single assessment for the purpose of maintaining, operating, and equipping county fair activities, county parks, cultural facilities, and any county-owned civic center, youth center, recreation center, recreational complex, or any combination of purposes, activities, and facilities. The money collected may be distributed among the activities and facilities as determined by the county commissioners.

(2) (a) The board of county commissioners shall submit the question of imposing or continuing the imposition of the single assessment provided for in subsection (1) to the electors of the county if a petition requesting a vote on the single assessment, signed by at least 15% of the resident taxpayers of the county, is filed with the county clerk and recorder at least 90 days prior to the date of the election.

(b) The question must be submitted as provided in 15-10-425 .

(c) The board of county commissioners shall collect the assessment if the imposition or continued imposition of the single assessment is approved by a majority of the electors voting on the question.
Mont. Code Ann. § 7-13-2278 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2278
7-13-2278 Duties of administrative personnel
Status: in_force

7-13-2278 . Duties of administrative personnel. (1) The general manager has full charge and control of the maintenance, operation, and construction of all works and systems of the district, with full power and authority to employ and discharge all employees and assistants at pleasure and prescribe their duties, and shall, subject to the approval of the board of directors, fix their compensation. The general manager shall ensure that the district establishes and maintains a system of auditing and accounting that shows the financial condition of the district, draw or cause the secretary to draw warrants to pay demands made against the district that have been first approved by at least three members of the board and the general manager, and perform other duties that may be imposed by the board. The general manager shall report to the board in accordance with rules that it may adopt.

(2) The secretary shall countersign all contracts on behalf of the district and perform other duties that may be imposed by the board.
Mont. Code Ann. § 7-4-4401 — MT Code / Title 7 / Chapter 4 / Part 44 / Section 7-4-4401
7-4-4401 Qualifications for city council member
Status: in_force

7-4-4401 . Qualifications for city council member. A person is not eligible for the office of city council member unless the person is a resident for at least 60 days preceding the election to office of the ward electing the person or of an area that has been annexed by the city or town and placed in the ward.
Mont. Code Ann. § 7-12-4251 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4251
7-12-4251 Enforcement of bondholders' rights
Status: in_force

7-12-4251 . Enforcement of bondholders' rights. The provisions of 7-12-4241 through 7-12-4258 and the rights granted under any ordinance or resolution enacted pursuant to these sections may be enforced by any bondholder by mandamus or other appropriate suit, action, or proceeding in any court of competent jurisdiction.
Mont. Code Ann. § 7-3-418 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-418
7-3-418 Terms of elected officials
Status: in_force

7-3-418 . Terms of elected officials. The term of office of elected officials may not exceed 4 years, except the term of office for commissioners in counties adopting the form authorized by Article XI, section 3(2), of the Montana constitution may not exceed 6 years. Terms of office shall be established when the form is adopted by the voters.
Mont. Code Ann. § 7-14-2303 — MT Code / Title 7 / Chapter 14 / Part 23 / Section 7-14-2303
7-14-2303 Equipment used by road superintendent
Status: in_force

7-14-2303 . Equipment used by road superintendent. (1) Upon the requisition of the superintendent, the board of county commissioners shall furnish any necessary equipment, tools, and implements and pay for them out of the county road fund.

(2) The superintendent shall preserve the equipment, tools, and implements and may not allow them to be used except on public highways. At the expiration of the superintendent's term of office or upon removal from office, the supervisor shall turn over all equipment, tools, and implements to a successor or to the board.
Mont. Code Ann. § 7-13-4501 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4501
7-13-4501 Findings and purpose
Status: in_force

7-13-4501 . Findings and purpose. (1) Pollution and degradation of surface water and ground water pose both immediate and long-term threats to the health, safety, and welfare of citizens of this state.

(2) Because of the expense and difficulty of ground water rehabilitation and cleanup and the need to protect drinking water supplies, policies and programs to prevent ground water contamination must be implemented.

(3) The purpose of this part is to provide for the creation of local water quality districts to protect, preserve, and improve the quality of surface water and ground water.
Mont. Code Ann. § 7-2-4717 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4717
7-2-4717 Certain expenditures authorized
Status: in_force

7-2-4717 . Certain expenditures authorized. (1) Municipalities initiating annexations under the provisions of this part are authorized to make expenditures for surveys required to describe the property under consideration or for any other purpose necessary to plan for the study or annexation of unincorporated territory adjacent to the municipality.

(2) In addition, following final passage of the annexation ordinance, the annexing municipality shall have authority to proceed with expenditures for construction of streets, utility lines, and other capital facilities in the annexed area.
Mont. Code Ann. § 7-33-2127 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2127
7-33-2127 Withdrawal by owner of individual tract adjacent to municipality
Status: in_force

7-33-2127 . Withdrawal by owner of individual tract adjacent to municipality. In lieu of the detraction procedure provided in 7-33-2142 and 7-33-2143 , whenever a person owns land adjacent to a city or town and wishes to have only that land annexed to the city or town, the land may be detracted as follows:

(1) The owner shall mail notice to the presiding officer of the trustees of the fire district or, if there are no trustees, to the board of county commissioners of the owner's intention to request annexation.

(2) The owner shall attach a copy of this notice of intention to the petition to the municipal governing body requesting annexation.

(3) Following adoption of the annexation order under 7-2-4714 , the land is detracted from the fire district.
Mont. Code Ann. § 7-12-2133 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2133
7-12-2133 Competitive bidding not required for purchase of existing improvement
Status: in_force

7-12-2133 . Competitive bidding not required for purchase of existing improvement. If the proposed improvement consists of the purchase of an existing improvement, the board of county commissioners may in their discretion, after the creation of the special improvement district and after ordering the proposed improvement, enter into a contract for the purchase of said improvement, upon such terms as they deem just, without advertising for bids or proposals; provided, however, that the total purchase price shall not exceed the amount set forth in the notice required by 7-12-2105 .
Mont. Code Ann. § 7-8-2303 — MT Code / Title 7 / Chapter 8 / Part 23 / Section 7-8-2303
7-8-2303 Repurchase rights of taxpayer or successors
Status: in_force

7-8-2303 . Repurchase rights of taxpayer or successors. At any time up to 24 hours before the time fixed for the first offering of property for sale or the time fixed for the donation or retention of the property pursuant to 7-8-2301 , the taxpayer or the taxpayer's successor in interest or legal representative may repurchase the property from the county. The property may be repurchased, subject to the reservations provided for in 7-8-2305 , by payment to the county of the full amount of the taxes, assessments, penalties, and interest due on the land at the time of taking the tax deed plus interest on the full amount at the rate provided for in 15-16-102 from the date of the tax deed to the date of repurchase as well as the costs of the county in taking the tax deed and additional taxes or assessments due, if any, at the time of repurchase. The purchase and payment may be effected by an installment contract with annual payments as provided for in 7-8-2304 .
Mont. Code Ann. § 7-31-201 — MT Code / Title 7 / Chapter 31 / Part 2 / Section 7-31-201
7-31-201 Definitions
Status: in_force

7-31-201 . Definitions. As used in this part, the following definitions apply:

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

(2) "Public safety communications officer" means a person who receives requests for emergency services, as defined in 10-4-101 , dispatches the appropriate emergency service units, and is certified under 7-31-203 .
Mont. Code Ann. § 7-13-2289 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2289
7-13-2289 Assessments and certain other charges as liens
Status: in_force

7-13-2289 . Assessments and certain other charges as liens. Any special assessment made and levied to defray the cost and expenses of any improvement, together with any amounts imposed for delinquency and for cost of collection, constitutes a lien upon and against the property upon which the assessment is made and levied from and after the date of the passage of the resolution levying the assessment. This lien can be extinguished only by payment of the assessment, with all penalties, costs, and interest.
Mont. Code Ann. § 7-12-2205 — MT Code / Title 7 / Chapter 12 / Part 22 / Section 7-12-2205
7-12-2205 Assessment and certain other charges as lien
Status: in_force

7-12-2205 . Assessment and certain other charges as lien. Any assessment levied and made for any purpose mentioned in this part, together with all costs and penalties, shall constitute a lien upon and against the property upon which said assessments are made and levied from and after the date of the final passage and adoption of the resolution levying the same. This lien can be only extinguished by payment of such assessments, with all penalties, costs, and interest.
Mont. Code Ann. § 7-6-1103 — MT Code / Title 7 / Chapter 6 / Part 11 / Section 7-6-1103
7-6-1103 Issuance and sale of gross proceeds obligations and short-term obligations -- procedure
Status: in_force

7-6-1103 . Issuance and sale of gross proceeds obligations and short-term obligations -- procedure. (1) The issuance of gross proceeds obligations or short-term obligations must be authorized by an ordinance of the governing body that fixes the maximum amount of the obligations to be issued or, if applicable, the maximum amount that may be outstanding at any time, the maximum term and interest rate or rates to be borne by the obligations, the manner of sale, the maximum price, the form including bearer or registered as provided in Title 17, chapter 5, part 11, the terms, the conditions, and the covenants of the obligations. Gross proceeds obligations or short-term obligations issued under this section must bear fixed or variable rate or rates of interest that the governing body considers to be in the best interests of the local government. Variable rates of interest may be fixed in relationship to the standard or index that the governing body designates.

(2) The governing body may sell the gross proceeds obligations or short-term obligations at par or at a discount:

(a) at private negotiated sale to the board of investments as provided in Title 17, chapter 5, part 16; or

(b) at public sale to any other person. Any public sale must be noticed as provided in 7-7-4434 .
Mont. Code Ann. § 7-3-193 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-193
7-3-193 Application of other sections
Status: in_force

7-3-193 . Application of other sections. (1) Except as provided in subsection (2) of this section, the provisions of 7-3-122 and 7-3-152 through 7-3-161 apply to the adoption of an alternative form or plan of government upon recommendation by a study commission.

(2) (a) The presiding officer of the study commission and not the presiding officer of the governing body shall certify documents under 7-3-153 .

(b) The study commission and not the governing body shall prepare an advisory plan for orderly transition to a new form or plan of government under 7-3-157 .

(c) A study commission plan may provide for existing elected officers under 7-3-158 (4).
Mont. Code Ann. § 7-6-4006 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4006
7-6-4006 Appropriation power -- requirements
Status: in_force

7-6-4006 . Appropriation power -- requirements. (1) A governing body may appropriate money and provide for the payment of the debts and expenses of the local government.

(2) Money may not be disbursed, expended, or obligated except pursuant to an appropriation for which working capital is or will be available.

(3) Appropriations may be adjusted according to procedures authorized by the governing body for:

(a) debt service funds for obligations related to debt approved by the governing body;

(b) trust funds for obligations authorized by trust covenants;

(c) any fund for federal, state, local, or private grants and shared revenue accepted and approved by the governing body;

(d) any fund for special assessments approved by the governing body;

(e) the proceeds from the sale of land;

(f) any fund for gifts or donations; and

(g) money borrowed during the fiscal year.

(4) The governing body may amend the budget during the fiscal year by conducting public hearings at regularly scheduled meetings. Budget amendments providing for additional appropriations must identify the fund reserves, unanticipated revenue, or previously unbudgeted revenue that will fund the appropriations.
Mont. Code Ann. § 7-13-112 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-112
7-13-112 County commissioners to administer district
Status: in_force

7-13-112 . County commissioners to administer district. (1) The board of county commissioners shall be ex officio commissioners of the metropolitan sanitary and/or storm sewer district formed under the provisions of this part and shall have sole and complete jurisdiction over all drainage structures and sewage treating plants which are now or may be hereafter built and situated within said district. The commission shall be responsible for the proper functioning and maintenance thereof.

(2) The commission shall be responsible for the condition and maintenance of all publicly owned streets, alleys, land, parks, or other thoroughfares within the boundaries of such district insofar as such may be affected by the construction or maintenance of the structures under control and jurisdiction of such district.
Mont. Code Ann. § 7-6-1546 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1546
7-6-1546 Resort area district board -- vacancy
Status: in_force

7-6-1546 . Resort area district board -- vacancy. (1) If a vacancy on the board of directors occurs by death, resignation, or removal from the resort area district, the remaining directors shall appoint a director to fill the vacancy. The term of the appointment coincides with the term that became vacant.

(2) An appointee to the board of directors must be elected by a majority of those voting at an election conducted in accordance with Title 13, chapter 1, part 5, as soon as possible following the appointment. If an appointee does not receive a majority of the votes cast in the election, the appointee's term expires and the board shall initiate the process to fill the vacancy as provided in subsection (1).
Mont. Code Ann. § 7-4-2221 — MT Code / Title 7 / Chapter 4 / Part 22 / Section 7-4-2221
7-4-2221 Manner of keeping records and storing documents
Status: in_force

7-4-2221 . Manner of keeping records and storing documents. Whenever any officer of any county is required or authorized by law to record, copy, file, recopy, or replace any document, plat, paper, written instrument, or book on file or of record in the officer's office, the officer may do so by photographic, micrographic, electronic, or other mechanical process that produces a clear, accurate, and permanent copy or reproduction of the original document, plat, paper, written instrument, or record in accordance with standards not less than those now approved for permanent records by national standards.
Mont. Code Ann. § 7-3-411 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-411
7-3-411 General structural suboptions
Status: in_force

7-3-411 . General 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 7-3-412 through 7-3-418 .
Mont. Code Ann. § 7-13-3002 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3002
7-13-3002 Authorization to create district
Status: in_force

7-13-3002 . Authorization to create district. Whenever the public convenience and necessity may require, in order to construct a water supply, sanitary sewer, or storm sewer system within a local government that would serve the inhabitants of the local government, the governing body may create a district to provide the system.
Mont. Code Ann. § 7-3-440 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-440
7-3-440 Coroner
Status: in_force

7-3-440 . Coroner. A coroner:

(1) may be elected;

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

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

(4) may be selected as provided by ordinance;

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

(6) may not be included in this form as a separate office.
Mont. Code Ann. § 7-3-1243 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1243
7-3-1243 Appointments by manager
Status: in_force

7-3-1243 . Appointments by manager. Appointments by or under the authority of the manager shall be confined to citizens of the municipality, except in such specific cases as the commission may suspend this requirement, and shall be on the basis of the ability, training, and experience of the appointees in the work which they are to perform. All such appointments shall be without definite term unless for temporary service not to exceed 60 days.
Mont. Code Ann. § 7-6-1115 — MT Code / Title 7 / Chapter 6 / Part 11 / Section 7-6-1115
7-6-1115 Local government debt limitations not to apply to short-term obligations
Status: in_force

7-6-1115 . Local government debt limitations not to apply to short-term obligations. The debt limitations for local governments in Title 7, chapter 7, and Title 20, chapter 9, do not apply to gross proceeds obligations or short-term obligations issued in accordance with this part.
Mont. Code Ann. § 7-6-4451 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4451
7-6-4451 All-purpose mill levy authorized
Status: in_force

7-6-4451 . All-purpose mill levy authorized. It is the purpose of 7-6-4451 and 7-6-4453 through 7-6-4455 to authorize the cities and towns of Montana to make an all-purpose annual mill levy in lieu of the multiple levies authorized by the statutes of Montana.
Mont. Code Ann. § 7-3-148 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-148
7-3-148 Publication of summary and comparison
Status: in_force

7-3-148 . Publication of summary and comparison. (1) A summary of the recommendations contained in a petition proposing alteration of an existing form of local government must be published at least twice in a newspaper of general circulation in the local government. Whenever an election on the recommendations is to be held, publication must be made during the 2 weeks preceding the election.

(2) The summary must contain a description of the recommendations, a comparison of the existing and proposed forms of government, and a list of locations where the full proposal may be seen or obtained.

(3) The cost of publication required by this section shall be borne by the affected local government.
Mont. Code Ann. § 7-13-128 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-128
7-13-128 Assessments and other charges as lien
Status: in_force

7-13-128 . Assessments and other charges as lien. Any special assessment made and levied to defray the cost and expenses 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. § 7-12-4120 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4120
7-12-4120 Provision for municipalities not having mayor
Status: in_force

7-12-4120 . Provision for municipalities not having mayor. In municipalities in which there is no mayor, the duties imposed upon said officer by the provisions of this part and part 42 shall be performed by the president of the council or other chief executive officer of the municipality.
Mont. Code Ann. § 7-32-2108 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2108
7-32-2108 Written notice of termination of employment required
Status: in_force

7-32-2108 . Written notice of termination of employment required. When a sheriff terminates the employment of a deputy, the sheriff shall at the time of termination cause to be served upon the deputy a statement in writing setting forth the cause or causes for the discharge or termination of the deputy's employment.
Mont. Code Ann. § 7-13-2325 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2325
7-13-2325 Qualifications to vote on question of incurring bonded indebtedness
Status: in_force

7-13-2325 . Qualifications to vote on question of incurring bonded indebtedness. Every registered elector owning or residing upon real property within such voting precincts, but no others, shall be entitled to vote at the election.
Mont. Code Ann. § 7-2-2725 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2725
7-2-2725 Status of continuing contracts
Status: in_force

7-2-2725 . Status of continuing contracts. Except as provided in 7-2-2726 , all valid and existing contracts entered into by a county abandoned and abolished under this part which, by the terms thereof, will extend beyond the time when such county ceases to exist shall continue in full force and effect as contracts of the county designated in the petition for abandonment as the county to which the territory of the abandoned and abolished county is attached and made a part.
Mont. Code Ann. § 7-3-1311 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1311
7-3-1311 Authority for special taxes and special service districts
Status: in_force

7-3-1311 . Authority for special taxes and special service districts. (1) Subject to 15-10-420 , a municipality may levy special taxes for all purposes that counties, cities, and towns are authorized to levy by general laws of the state, and all of the provisions of those laws are applicable to and govern and control the municipality in the levying and collection of the special taxes.

(2) Subject to 15-10-420 , the commission may by ordinance designate clearly specified districts in or for which special services are to be performed and may levy upon the property in the district a tax, in addition to any taxes authorized by 7-3-1310 (1), as may be necessary with other available funds and grants to pay the cost of the special service or services. The boundaries of special service districts must be regularly reviewed by the commissioners and may be adjusted upon recommendation by an authorized planning body in response to changing population patterns.
Mont. Code Ann. § 7-33-4101 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4101
7-33-4101 Fire protection services
Status: in_force

7-33-4101 . Fire protection services. (1) Every city and town shall provide for fire protection in a manner that is organized, managed, and controlled as provided in this chapter.

(2) (a) Except as provided in 7-33-4115 (6), a first-class city or town shall provide fire protection services as provided in this part.

(b) A second-class city or town may provide fire protection services as provided in this part:

(i) through an interlocal agreement with another governmental fire protection provider under the provisions of Title 7, chapter 11, part 1;

(ii) through a contract with another fire protection provider; or

(iii) subject to 7-33-4115 , annexing to a rural fire district established under Title 7, chapter 33, part 21.

(c) A third-class city or town may provide fire protection through a contract for fire protection services, consolidation of its fire department with another fire protection provider, or inclusion in a rural fire district as provided in Title 7, chapter 33, part 21.
Mont. Code Ann. § 7-14-2610 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2610
7-14-2610 Payment of damages and expenses
Status: in_force

7-14-2610 . Payment of damages and expenses. All awards of damages estimated by the board or made by the proper court and all expenses, including those of the members of the board and their per diem authorized by 7-4-2107 and 7-4-2108 , shall be paid out of the county road fund on the order of the board.
Mont. Code Ann. § 7-21-4203 — MT Code / Title 7 / Chapter 21 / Part 42 / Section 7-21-4203
7-21-4203 Authority to weigh, measure, and regulate certain commodities
Status: in_force

7-21-4203 . Authority to weigh, measure, and regulate certain commodities. The city or town council has power to regulate the inspection, weighing, and measuring of wood, coal, stone, corn or other grain, and hay within the city or town.
Mont. Code Ann. § 7-6-4503 — MT Code / Title 7 / Chapter 6 / Part 45 / Section 7-6-4503
7-6-4503 Registration of warrants
Status: in_force

7-6-4503 . Registration of warrants. Upon the presentation of any warrant endorsed as specified in 7-6-4501 , it shall be the duty of the city treasurer or town clerk to record, in a book to be provided for that purpose, the warrant, the date of such presentation, the number and date of the warrant, to whom payable, the fund on which drawn, and the amount thereof.
Mont. Code Ann. § 7-6-2111 — MT Code / Title 7 / Chapter 6 / Part 21 / Section 7-6-2111
7-6-2111 Duties of county treasurer
Status: in_force

7-6-2111 . Duties of county treasurer. The county treasurer shall:

(1) receive all money belonging to the county and all other money directed to be paid to the treasurer by law, safely keep the money, apply and pay the money out, and account for the money as required by law;

(2) keep an account of the receipt and expenditures of the money in books provided for the purpose, in which must be entered:

(a) the amount and the time when, from whom, and on what account all money was received;

(b) the amount and time when, to whom, and on what account all disbursements were made;

(3) keep books so that the amounts received and paid out on account of separate funds or specific appropriations are exhibited in separate and distinct accounts, with the whole receipts and expenditures shown in one general or cash account;

(4) disburse the county money only on county warrants issued by the county clerk, based on orders of the board of county commissioners, or as otherwise provided by law.
Mont. Code Ann. § 7-12-4325 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4325
7-12-4325 Incidental expenses considered as costs of improvements
Status: in_force

7-12-4325 . Incidental expenses considered as costs of improvements. The cost and expense connected with and incidental to the formation of the district, including the cost of preparation of plans, specifications, maps, and plats; engineering, superintendence, and inspection, including the compensation of the city engineer for work done; the cost of printing and advertising as provided in this part; and the preparation of assessment rolls must be considered a part of the cost and expenses of making the improvements within the special improvement district.
Mont. Code Ann. § 7-32-2257 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2257
7-32-2257 Payment of partial salary of detention officer injured in performance of duty
Status: in_force

7-32-2257 . Payment of partial salary of detention officer injured in performance of duty. (1) A detention officer who is injured in the performance of the detention officer's duties and who requires medical or other remedial treatment for injuries that render the detention officer unable to perform the detention officer's duties must be paid by the county the difference between the detention officer's net salary following adjustments for income taxes and pension contributions and the amount received from workers' compensation until the disability has ceased, as determined by workers' compensation or for a period not to exceed 1 year, whichever occurs first.

(2) To qualify for the partial salary payment provided for in subsection (1), the detention officer must be unable to perform the detention officer's duties as a result of the injury.
Mont. Code Ann. § 7-13-2288 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2288
7-13-2288 Interest rate on unpaid assessments
Status: in_force

7-13-2288 . Interest rate on unpaid assessments. The installments of assessments remaining unpaid bear simple interest at an annual rate equal to:

(1) the sum of:

(a) the average interest rate payable on the outstanding bonds issued to finance the improvement in respect of which the special assessments are levied; plus

(b) additional interest at a rate to be determined by the board of directors, not exceeding 2% a year; or

(2) if bonds are not issued to finance the improvements, at an interest rate to be determined by the board of directors, but not to exceed 10% a year.
Mont. Code Ann. § 7-32-2244 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2244
7-32-2244 Detention of juveniles
Status: in_force

7-32-2244 . Detention of juveniles. Juveniles may be held in a detention center only in accordance with Title 41, chapter 5, part 3.
Mont. Code Ann. § 7-13-4516 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4516
7-13-4516 Board of directors
Status: in_force

7-13-4516 . Board of directors. (1) Except as provided in subsections (3)(b) and (5), the commissioners shall appoint a board of directors for the local water quality district.

(2) The board of directors consists of not less than five members, including one county commissioner or member of the governing body of a city-county consolidated government, one member from the governing body of each incorporated city or town that is included in the district, one member of the county or city-county board of health, and if the district includes a substantial amount of land that is within a conservation district or districts, one conservation district supervisor.

(3) The remaining members of the board of directors are selected from interested persons, as follows:

(a) from persons whose residences or businesses are distributed equally throughout the district if a county is the only unit of local government participating in the district; or

(b) through mutual agreement by all governing bodies if a county and one or more incorporated cities and towns are participating in the district.

(4) Terms of members of the board of directors are staggered and, after the initial terms, are for 3 years.

(5) In counties that have a full-time city-county health department, the city-county board of health, created as authorized by 50-2-106 , may be designated as the board of directors for the local water quality district. If the city-county board of health is designated as the board of directors and if the local water quality district includes a substantial amount of land that is within a conservation district or districts, the board of directors must also include one member who is a conservation district supervisor.
Mont. Code Ann. § 7-13-3029 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3029
7-13-3029 Preparation and filing of district budget
Status: in_force

7-13-3029 . Preparation and filing of district budget. (1) Not less than 30 days prior to the date of the public hearing on the resolution, the governing body shall prepare and file in the office of the clerk of the local government in which the district is located and in the office of the governing body a complete, detailed budget for operation and maintenance of the system, showing all income and expenditures for the year prior to the hearing and all estimated income and expenditures for the next ensuing year in which the levy is assessed.

(2) The provisions of law relating to local government budgets and expenditures must be complied with by the district.
Mont. Code Ann. § 7-21-3309 — MT Code / Title 7 / Chapter 21 / Part 33 / Section 7-21-3309
7-21-3309 Speculative or resale purchases prohibited
Status: in_force

7-21-3309 . Speculative or resale purchases prohibited. No rules adopted for the government of any market established under this part shall permit any person, firm, or corporation to purchase the products displayed and offered for sale for the purpose of speculating thereon by again offering the same for sale within such public marketplace. The privileges of the markets established under the provisions of this part shall be extended only to the actual producers of the products offered for sale.
Mont. Code Ann. § 7-3-1242 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1242
7-3-1242 Role of manager
Status: in_force

7-3-1242 . Role of manager. (1) The manager is the chief executive officer of the municipality.

(2) The manager is responsible to the commission for the proper administration of the affairs of the municipality placed in the manager's charge, and the manager shall appoint all officers and employees in the administrative service of the municipality, except as otherwise provided in part 13 or this part. The manager may authorize the head of a department or office responsible to the manager to appoint subordinates in that department or office.
Mont. Code Ann. § 7-3-173 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-173
7-3-173 Establishment of study commissions
Status: in_force

7-3-173 . Establishment of study commissions. (1) A study commission may be established by an affirmative vote of the people. An election on the question of conducting a local government review and establishing a study commission must be held if:

(a) the governing body of the local government unit calls for an election by resolution;

(b) a petition signed by at least 15% of the electors of the local government calling for an election is submitted to the governing body; or

(c) 10 years have elapsed since the electors voted on the question of conducting a local government review and establishing a study commission.

(2) The governing body shall call for an election on the question of conducting a local government review and establishing a study commission, as required by Article XI, section 9(2), of the Montana constitution, within 1 year after the 10-year period referred to in subsection (1)(c).
Mont. Code Ann. § 7-6-2801 — MT Code / Title 7 / Chapter 6 / Part 28 / Section 7-6-2801
7-6-2801 Management of school funds
Status: in_force

7-6-2801 . Management of school funds. The county treasurer shall:

(1) keep all school money in a separate fund and keep a separate account of its disbursement to the several school districts that are entitled to receive it, according to the apportionment of the county superintendent of schools;

(2) notify the county superintendent of the amount of the county school fund in the county treasury subject to apportionment, whenever required, and inform the superintendent of the amount of school money belonging to any other fund subject to apportionment, or as otherwise provided by law; and

(3) pay all warrants drawn on county or district school money, in accordance with the provisions of law, whenever the warrants are countersigned by the district clerk and properly endorsed by the holders.
Mont. Code Ann. § 7-5-4209 — MT Code / Title 7 / Chapter 5 / Part 42 / Section 7-5-4209
7-5-4209 Social host ordinances fining landlords prohibited -- maintaining lists for enforcement prohibited
Status: in_force

7-5-4209 . Social host ordinances fining landlords prohibited -- maintaining lists for enforcement prohibited. (1) A social host ordinance enacted by a municipality may not impose a fine on a person who is a landlord of the property as defined in 70-24-103 unless the landlord is a participant in the party, event, or gathering that results in a violation of a social host ordinance.

(2) As part of enforcement of a social host ordinance, a municipality may not maintain or circulate a list of landlords, property owners, or properties on which a social host ordinance violation has occurred.

(3) For the purposes of this section, a "social host ordinance" is an ordinance enacted to prohibit the encouraging, conducting, allowing, or organizing of parties, events, and gatherings at which a person under 21 years of age is in possession of or is consuming an alcoholic beverage.
Mont. Code Ann. § 7-4-2209 — MT Code / Title 7 / Chapter 4 / Part 22 / Section 7-4-2209
7-4-2209 Authority to administer oaths
Status: in_force

7-4-2209 . Authority to administer oaths. Every officer mentioned in 7-4-2203 (1) may administer and certify oaths.
Mont. Code Ann. § 7-16-4110 — MT Code / Title 7 / Chapter 16 / Part 41 / Section 7-16-4110
7-16-4110 Establishment and maintenance of public baths
Status: in_force

7-16-4110 . Establishment and maintenance of public baths. (1) All cities or towns incorporated under the laws of the state of Montana, in addition to other powers conferred upon them, are hereby empowered and authorized to establish and maintain a public bathing place within said city or town.

(2) Power is hereby granted to the city or town council of all cities and towns incorporated under the laws of the state of Montana to make and pass all bylaws, ordinances, resolutions, and orders necessary for the establishment, maintenance, and regulation of a public bathing place within said city or town, including the power to establish by ordinance a reasonable and uniform charge for the privilege of using said bathing place.
Mont. Code Ann. § 7-12-2160 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2160
7-12-2160 Hearing on protest
Status: in_force

7-12-2160 . Hearing on protest. (1) At the time so fixed, the board of county commissioners shall meet and hear all such objections and for that purpose may adjourn from day to day.

(2) The board may by resolution modify such assessment in whole or in part. A copy of such resolution, certified by the county clerk, must be delivered to the county treasurer 2 days after its passage.
Mont. Code Ann. § 7-5-107 — MT Code / Title 7 / Chapter 5 / Part 1 / Section 7-5-107
7-5-107 Register of ordinances and codification
Status: in_force

7-5-107 . Register of ordinances and codification. (1) There shall be maintained a register of ordinances in which all ordinances are entered in full after passage and approval, except when a code is adopted by reference. When a code is adopted by reference, the date and source of the code shall be entered.

(2) (a) No later than 1980 and at 5-year intervals thereafter, appropriate ordinances shall be compiled into a uniform code and published.

(b) The recodification is not effective until approved by the governing body.
Mont. Code Ann. § 7-14-4712 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4712
7-14-4712 Procedure upon receipt of petition from all property owners within proposed district
Status: in_force

7-14-4712 . Procedure upon receipt of petition from all property owners within proposed district. If a petition for the formation of an improvement district under the provisions of 7-14-4711 is presented to the governing body purporting to be signed by all of the real property owners in the proposed district, exclusive of mortgagees and other lienholders, the governing body, after verifying the ownership and making a finding of the fact, shall adopt a resolution of intention to order the improvement, as provided in 7-12-4104 and 7-12-4117 , and may adopt the resolution ordering the improvement pursuant to 7-14-4711 through 7-14-4723 without the publication of the resolution of intention provided for in 7-12-4106 . However, if special improvement district bonds are proposed to be issued and secured by the revolving fund, the requirements of 7-12-4106 , 7-12-4108 through 7-12-4110 , 7-12-4112 through 7-12-4114 , 7-12-4169 , 7-12-4189 , 7-12-4222 , 7-12-4223 , and 7-12-4225 must be met by the governing body.
Mont. Code Ann. § 7-6-1503 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1503
7-6-1503 Limit on resort tax rate -- goods and services subject to tax
Status: in_force

7-6-1503 . Limit on resort tax rate -- goods and services subject to tax. (1) (a) Except as provided in subsection (1)(b), the rate of the resort tax must be established by the election petition or resolution provided for in 7-6-1504 , but the rate may not exceed 3%.

(b) (i) Subject to subsection (1)(b)(ii), an election petition or resolution provided for in 7-6-1504 may provide for an additional resort tax levy at the rate of up to 1%. The revenue from the additional tax must be used to provide funding for infrastructure.

(ii) A resort community with a population that exceeds the population limit for a resort community in 7-6-1501 may not levy the additional resort tax provided for in subsection (1)(b)(i) unless the resort community was established before January 1, 2025.

(2) (a) The resort tax is a tax on the retail value of all goods and services sold, except for goods and services sold for resale, within the resort community or area by the following establishments:

(i) hotels, motels, and other lodging or camping facilities;

(ii) restaurants, fast food stores, and other food service establishments;

(iii) taverns, bars, night clubs, lounges, and other public establishments that serve beer, wine, liquor, or other alcoholic beverages by the drink; and

(iv) destination ski resorts and other destination recreational facilities.

(b) Establishments that sell luxuries shall collect a tax on such luxuries.
Mont. Code Ann. § 7-2-2803 — MT Code / Title 7 / Chapter 2 / Part 28 / Section 7-2-2803
7-2-2803 County commissioners to accept, amend, or reject petition -- public hearing -- interlocal agreement
Status: in_force

7-2-2803 . County commissioners to accept, amend, or reject petition -- public hearing -- interlocal agreement. (1) Upon receipt of a petition submitted as provided in 7-2-2801 and 7-2-2802 , the boards of county commissioners in the adjoining counties for which boundary changes are proposed shall, after providing public notice pursuant to 7-1-2121 in the county seat of each adjoining county, hold a public hearing in the area proposed to be moved from one county to another. After the public hearing, the boards of county commissioners shall either accept, reject, or amend the boundary changes as proposed in the petition.

(2) An interlocal agreement must be entered into by the adjoining counties and must state:

(a) the proposed boundary change as accepted or amended by the boards, including the legal description of the proposed boundary change;

(b) the procedure each board intends to follow in complying with this part;

(c) subject to subsection (4), the costs to be incurred by each county in complying with 7-2-2807 ; and

(d) any other elements to which the boards agree regarding provision of services or county operations upon the relocation of the boundary.

(3) If the boards of county commissioners do not agree on the proposed boundary changes, either as presented in the petition or as amended, or if one or both boards reject the proposal, the process for changing the boundaries must cease and may not be initiated again for a period of 1 year.

(4) The adjoining counties shall negotiate the fees to be charged for compliance with 7-2-2807 , and the provisions of 7-2-2412 , 7-4-2631 , 7-4-2632 , and 7-4-2637 regarding fees charged by county clerks do not apply to the processes required in 7-2-2807 .
Mont. Code Ann. § 7-7-2251 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2251
7-7-2251 Form of notice of sale of bonds
Status: in_force

7-7-2251 . Form of notice of sale of bonds. (1) If a county conducts a public sale, the notice of sale must state the purpose or purposes for which the bonds are to be issued and the amount proposed to be issued for each purpose and must be substantially in the following form:

NOTICE OF SALE OF COUNTY BONDS

Notice is hereby given by the board of county commissioners of.... County, state of Montana, that the board will on the.... day of...., ...., at the hour of.... ....m., at the office of the board in the courthouse in the (town or city) of.... in the said county, sell to the highest and best bidder for cash general obligation bonds of the county in the principal amount of.... dollars ($....) for the purpose of.....

The bonds will be issued and sold in the aggregate principal amount of.... dollars ($....) and will become payable according to the maturity schedule set forth below (set forth maturity schedule adopted by the board of county commissioners). (If the bonds are to be issued as amortization bonds, indicate that here.)

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

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

All bids must be accompanied by (insert appropriate bid security as permitted by 18-1-202 ) in the sum of.... dollars ($....), payable to the order of the clerk, which will be forfeited by the successful bidder in the event that the bidder fails or refuses to complete the purchase of the bonds in accordance with the terms of the bid.

All bids must be addressed to the board of county commissioners and delivered to the county clerk.

ATTEST: .....................

(Presiding officer, Board of County Commissioners)

of............ County, Montana .................

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

(Clerk of the Board of County Commissioners)

of........... County, Montana

Address............., Montana

(2) The form of notice required under this section may be modified to accommodate changes necessary to issue citizen bonds pursuant to 7-7-2212 through 7-7-2215 .
Mont. Code Ann. § 7-12-1131 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1131
7-12-1131 Powers of board in administering district
Status: in_force

7-12-1131 . Powers of board in administering district. The board in administering a district has all powers necessary to carry out the functions of the district contained in the ordinance creating it, including the power to:

(1) sue and be sued, enter into contracts, and hire and terminate personnel needed for its purposes;

(2) provide special police, maintenance, or cleaning personnel for the protection and enjoyment of the general public using the business district;

(3) landscape and beautify public areas and to maintain those areas;

(4) contract with the governing body to maintain, operate, or repair public parking facilities;

(5) contract with the governing body to maintain streets, alleys, malls, bridges, ramps, tunnels, landscaping, and other public facilities as mutually agreed upon;

(6) promote private investment and business expansion in the district;

(7) provide for the management and administration of the affairs of the district;

(8) promote business activity by advertising, decorating, marketing, and promoting and managing events and other actions designed for the general promotion of business activities in the district; and

(9) perform such other functions as are necessary to carry out the purposes of this part and to further the objectives of the district.
Mont. Code Ann. § 7-34-2401 — MT Code / Title 7 / Chapter 34 / Part 24 / Section 7-34-2401
7-34-2401 Depletion allowance reserve fund authorized
Status: in_force

7-34-2401 . Depletion allowance reserve fund authorized. The governing body of a county may establish a depletion allowance reserve fund for the replacement and acquisition of property and equipment for county-operated health care facilities created under 7-8-2102 , 7-34-2201 , and 7-34-2502 .
Mont. Code Ann. § 7-6-2131 — MT Code / Title 7 / Chapter 6 / Part 21 / Section 7-6-2131
7-6-2131 Fees of county treasurer
Status: in_force

7-6-2131 . Fees of county treasurer. The county treasurer shall receive the sum of $25 plus actual costs incurred for making and acknowledging a deed for property sold for delinquent taxes.
Mont. Code Ann. § 7-14-2523 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2523
7-14-2523 Term of county bridge bonds
Status: in_force

7-14-2523 . Term of county bridge bonds. (1) Bonds issued under 7-14-2522 (1) may not be issued for a term longer than 20 years.

(2) A bond issued under 7-14-2522 (1)(b) may not be issued for a term longer than 10 years, except that if the unexpired term of the bonds to be refunded is greater than 10 years, the refunding bonds may be issued for the unexpired term.
Mont. Code Ann. § 7-5-131 — MT Code / Title 7 / Chapter 5 / Part 1 / Section 7-5-131
7-5-131 Right of initiative and referendum
Status: repealed

7-5-131 . Right of initiative and referendum. (1) Except as provided in subsection (2), the powers of initiative and referendum are reserved to the electors of each local government. Resolutions and ordinances within the legislative jurisdiction and power of the governing body of the local government may be proposed or amended and prior resolutions and ordinances may be repealed in the manner provided in 7-5-137 and Title 13, chapter 28.

(2) The powers of initiative do not extend to the following:

(a) the annual budget;

(b) bond proceedings, except for ordinances authorizing bonds;

(c) the establishment and collection of charges pledged for the payment of principal and interest on bonds;

(d) the levy of special assessments pledged for the payment of principal and interest on bonds;

(e) the prioritization of the enforcement of any state law by a unit of local government; or

(f) the regulation of auxiliary containers, defined in 7-1-121 (4), as prohibited by 7-1-121 (2).
Mont. Code Ann. § 7-14-4113 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4113
7-14-4113 Use of city road fund
Status: in_force

7-14-4113 . Use of city road fund. The city treasurer shall hold the fees paid pursuant to 7-14-2512 (1)(b) in a separate city road fund which shall be used by the city council only for the construction, repair, and maintenance of permanent highways and streets within the corporate limits.
Mont. Code Ann. § 7-3-439 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-439
7-3-439 Assessor
Status: in_force

7-3-439 . Assessor. An assessor:

(1) may be elected;

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

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

(4) may be selected as provided by ordinance;

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

(6) may not be included in this form as a separate office.
Mont. Code Ann. § 7-15-4324 — MT Code / Title 7 / Chapter 15 / Part 43 / Section 7-15-4324
7-15-4324 Special bond provisions when tax increment financing is involved
Status: in_force

7-15-4324 . Special bond provisions when tax increment financing is involved. (1) Bonds issued under this part for which a tax increment is pledged pursuant to 7-15-4282 through 7-15-4294 must be designed to mature not later than 25 years from their date of issue and must mature in years and amounts so that the principal and interest due on the bonds in each year may not exceed the estimated tax increment, payments in lieu of taxes or other amounts agreed to be paid by the property owners in a district, and other estimated revenue, including proceeds of the bonds available for payment of interest on the bonds, pledged to their payment to be received in that year.

(2) The governing body, in the resolution or ordinance authorizing the bonds, shall determine the estimated tax increment, payments in lieu of taxes or other amounts agreed to be paid by the property owners in an area or district, and other revenue, if any, for each year the bonds are to be outstanding. In calculating the costs under 7-15-4288 for which the bonds are issued, the local government or municipality may include an amount sufficient to pay interest on the bonds prior to receipt of tax increments pledged and sufficient for the payment of the bonds and to fund any reserve fund in respect of the bonds.
Mont. Code Ann. § 7-15-4467 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4467
7-15-4467 Reports by authority to municipality
Status: in_force

7-15-4467 . Reports by authority to municipality. The authority shall, at least once a year, file with the mayor of the city a report of its activities for the preceding year and shall make any recommendations with reference to any additional legislation or other action that may be necessary in order to carry out the purposes of this part and part 45.
Mont. Code Ann. § 7-3-611 — MT Code / Title 7 / Chapter 3 / Part 6 / Section 7-3-611
7-3-611 Structural suboptions
Status: in_force

7-3-611 . 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 7-3-612 and 7-3-613 .
Mont. Code Ann. § 7-33-2144 — MT Code / Title 7 / Chapter 33 / Part 21 / Section 7-33-2144
7-33-2144 Distribution of assets and liabilities following division
Status: in_force

7-33-2144 . Distribution of assets and liabilities following division. (1) Upon the division of districts, the assets and liabilities of the original rural fire district must be distributed in accordance with the division plan as provided in 7-33-2142 .

(2) Any detracted area is liable for any existing warrant and bonded indebtedness of the original district.
Mont. Code Ann. § 7-3-403 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-403
7-3-403 Role of presiding officer of commission
Status: in_force

7-3-403 . Role of presiding officer of commission. The presiding officer of the commission may be referred to as the mayor. All members of boards and committees must be appointed by the presiding officer with the consent of the commission. The presiding officer must be recognized as the head of the local government unit and may vote as other members of the commission.
Mont. Code Ann. § 7-3-4416 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4416
7-3-4416 Violation of civil service provisions
Status: in_force

7-3-4416 . Violation of civil service provisions. The board, subject to the approval of the commission, shall by ordinance determine the penalties for the violation of the civil service provisions of this part.
Mont. Code Ann. § 7-33-4127 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4127
7-33-4127 Compensation of fire department personnel
Status: in_force

7-33-4127 . Compensation of fire department personnel. The compensation of the chief of the fire department and assistant chiefs of the fire department and firefighters in cities and towns where the council or commission shall establish a paid fire department and the city electrician and assistant city electricians shall be fixed by ordinance.
Mont. Code Ann. § 7-14-204 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-204
7-14-204 Details relating to petition
Status: in_force

7-14-204 . Details relating to petition. The petition under 7-14-203 must include a map showing the limits of the proposed district or the area to be added to an existing district and must be in the form prescribed in 13-27-236 and 13-27-238 .
Mont. Code Ann. § 7-3-303 — MT Code / Title 7 / Chapter 3 / Part 3 / Section 7-3-303
7-3-303 Appointment of manager
Status: in_force

7-3-303 . Appointment of manager. The manager shall be appointed by the commission for an indefinite term on the basis of merit only and removed only by a majority vote of the whole number of the commission.
Mont. Code Ann. § 7-12-4178 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4178
7-12-4178 Hearing on resolution for tax levy
Status: in_force

7-12-4178 . Hearing on resolution for tax levy. (1) At the time so fixed, the council shall meet and hear all such objections and for that purpose may adjourn from day to day.

(2) The council may by resolution modify such assessment in whole or in part. A copy of such resolution, certified by the city clerk, must be delivered to the city treasurer within 2 days after its passage.
Mont. Code Ann. § 7-32-4135 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4135
7-32-4135 Discontinuation of salary when retirement allowance granted
Status: in_force

7-32-4135 . Discontinuation of salary when retirement allowance granted. Payment of a partial salary amount under 7-32-4132 shall be discontinued if the officer is disabled for an undetermined duration and is granted a disability retirement allowance under Title 19, chapters 9 and 19. If an application for such a retirement allowance is not made by the officer, application therefor may be made by the chief executive officer of the municipality by which such officer is employed.
Mont. Code Ann. § 7-32-2112 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2112
7-32-2112 Exception for organizing posse
Status: in_force

7-32-2112 . Exception for organizing posse. The provisions of 7-32-301 through 7-32-303 shall not apply in cases of the officers listed in 7-32-301 summoning a posse forthwith to quell public disturbance or domestic violence.
Mont. Code Ann. § 7-3-4453 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4453
7-3-4453 Assessments for snow, ice, weed, and rubbish removal
Status: in_force

7-3-4453 . Assessments for snow, ice, weed, and rubbish removal. The commission shall have the power to provide by ordinance for assessing against the abutting property the cost of removing from the sidewalks all accumulation of snow and ice and for assessing against the property the cost of cutting and removing therefrom nuisance weeds and rubbish.
Mont. Code Ann. § 7-4-2112 — MT Code / Title 7 / Chapter 4 / Part 21 / Section 7-4-2112
7-4-2112 County seal
Status: in_force

7-4-2112 . County seal. The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to adopt a seal for the board. A description and impression thereof must be filed by the clerk in the offices of the county clerk and the secretary of state.
Mont. Code Ann. § 7-14-4512 — MT Code / Title 7 / Chapter 14 / Part 45 / Section 7-14-4512
7-14-4512 Referendum on parking meters prior to enacting ordinance
Status: in_force

7-14-4512 . Referendum on parking meters prior to enacting ordinance. An ordinance providing for purchasing, renting, leasing, or otherwise acquiring or installing, maintaining, operating, or using parking meters, devices, or instruments may not be enacted unless the question of whether or not the ordinance may be enacted has been submitted to the qualified electors of the city or town at an election conducted in accordance with Title 13, chapter 1, part 4. An ordinance may not be enacted unless a majority of the votes cast are in favor of enacting the ordinance.
Mont. Code Ann. § 7-21-4102 — MT Code / Title 7 / Chapter 21 / Part 41 / Section 7-21-4102
7-21-4102 Collection of license fees
Status: in_force

7-21-4102 . Collection of license fees. The city treasurer must collect the license fees authorized by 7-21-4101 in the manner and at the time prescribed by ordinance.
Mont. Code Ann. § 7-15-4306 — MT Code / Title 7 / Chapter 15 / Part 43 / Section 7-15-4306
7-15-4306 Bonds as legal investments
Status: in_force

7-15-4306 . Bonds as legal investments. (1) All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking or investment business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all executors, administrators, curators, trustees, and other fiduciaries may legally invest any sinking funds, money, or other funds belonging to them or within their control in any bonds or other obligations issued by a local government or municipality pursuant to part 42 and this part, provided that the bonds and other obligations must be secured by an agreement between the issuer and the federal government in which the issuer agrees to borrow from the federal government and the federal government agrees to lend to the issuer, prior to the maturity of bonds or other obligations, money in an amount that, together with any other money irrevocably committed to the payment of interest on the bonds or other obligations, will suffice to pay the principal of the bonds or other obligations with interest to maturity on the bonds. The money under the terms of the agreement is required to be used for the purpose of paying the principal of and the interest on the bonds or other obligations at their maturity.

(2) The bonds and other obligations must be authorized security for all public deposits. It is the purpose of this section to authorize any persons, political subdivisions, and officers, public or private, to use any funds owned or controlled by them for the purchase of the bonds or other obligations.

(3) Nothing contained in this section with regard to legal investments may be construed as relieving any person of any duty of exercising reasonable care in selecting securities.
Mont. Code Ann. § 7-15-4438 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4438
7-15-4438 Record of removal proceedings
Status: in_force

7-15-4438 . Record of removal proceedings. In the event of the removal of any commissioner, the mayor shall file in the office of the city clerk a record of the proceedings, together with the charges made against the commissioners and the findings thereon.
Mont. Code Ann. § 7-6-4501 — MT Code / Title 7 / Chapter 6 / Part 45 / Section 7-6-4501
7-6-4501 Interest on unpaid warrants -- payments to state -- definition
Status: in_force

7-6-4501 . Interest on unpaid warrants -- payments to state -- definition. (1) When any warrant drawn upon the treasury of a city or town and pursuant to any ordinance or resolution or direction of the council of the city or town is presented to the city treasurer or town clerk for payment and the warrant is not paid for want of funds, the city treasurer or town clerk shall endorse thereon "Not paid for want of funds", annexing the date of presentation, and signing the treasurer's or clerk's name to the warrant.

(2) From the time of the endorsement until the warrant is called for payment, the warrant bears interest at a rate fixed by ordinance, or if the warrant is subject to purchase for investment by a county as provided in 7-6-2701 and is held by a county, the warrant bears interest at a rate fixed by the board of county commissioners under 7-6-2701 .

(3) All payments to the state treasurer or a state agency must be made by electronic funds transfer if requested by the state treasurer or the state agency and if the city or town has the technology to conduct electronic funds transfers.

(4) As used in this part, "warrant" includes a check and an electronic funds transfer.
Mont. Code Ann. § 7-5-2110 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2110
7-5-2110 Community decay defined
Status: in_force

7-5-2110 . Community decay defined. (1) In 7-5-2111 , "community decay" means a public nuisance created by allowing rubble, debris, junk, or refuse to accumulate resulting in conditions that are injurious to health, indecent, offensive to the senses, or obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property.

(2) "Community decay" as used in 7-5-2111 may not be construed or defined to apply to:

(a) normal farming, ranching, or other agricultural operations or to a farm, ranch, or other agricultural facility, and any appurtenances thereof, during the course of its normal operations; or

(b) normal activities at a shooting range.
Mont. Code Ann. § 7-8-102 — MT Code / Title 7 / Chapter 8 / Part 1 / Section 7-8-102
7-8-102 Authorization to deed county land to other governmental entities
Status: in_force

7-8-102 . Authorization to deed county land to other governmental entities. (1) The county commissioners of any county in Montana are hereby authorized to convey to the state of Montana or to any city or town in Montana or to the United States of America any tract of county-owned land, not exceeding 1,280 acres, to be used for the establishment and maintenance of a park, recreational grounds, or cemetery and to be maintained by the state, city, town, or federal government as a public park, recreational grounds, or cemetery.

(2) Said land shall be deeded to the state, city, town, or federal government without charge but upon the condition that the same shall be devoted and maintained by the state, city, town, or federal government for the purpose specified in subsection (1). In the event that the land shall cease to be used for such purpose for a period of 5 years in succession, the title thereto shall revert to the county making such grant.
Mont. Code Ann. § 7-32-4302 — MT Code / Title 7 / Chapter 32 / Part 43 / Section 7-32-4302
7-32-4302 Control of disturbances of the peace
Status: in_force

7-32-4302 . Control of disturbances of the peace. Within the city or town and within 3 miles of the limits thereof, the city or town council has power to prevent and punish intoxication (subject to the limits established in 53-24-106 ), fights, riots, loud noises, disorderly conduct, obscenity, and acts or conduct calculated to disturb the public peace or which are offensive to public morals.
Mont. Code Ann. § 7-16-2301 — MT Code / Title 7 / Chapter 16 / Part 23 / Section 7-16-2301
7-16-2301 Authorization for county board of park commissioners
Status: in_force

7-16-2301 . Authorization for county board of park commissioners. There may be created in each county a board of park commissioners subject to the provisions of 7-1-201 through 7-1-203 .
Mont. Code Ann. § 7-15-4402 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4402
7-15-4402 Definitions
Status: in_force

7-15-4402 . Definitions. As used in part 45 or this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Authority" or "housing authority" means a public body and a body corporate and politic organized in accordance with the provisions of this part for the purposes, with the powers, and subject to the restrictions set forth in part 45 or this part.

(2) "Bonds" means any bonds, interim certificates, notes, debentures, or other obligations of the authority issued pursuant to part 45 or this part.

(3) "City" means a city that is or is about to be included in the territorial boundaries of an authority.

(4) "City clerk" and "mayor" mean the clerk and mayor, respectively, of the city or the officers charged with the duties customarily imposed on the clerk and mayor.

(5) "Commissioner" means one of the members of an authority appointed in accordance with the provisions of this part.

(6) "Community facilities" means real and personal property and buildings and equipment for recreational or social assemblies and for educational, health, or welfare purposes and necessary utilities, when designed primarily for the benefit and use of the housing authority or the occupants of the dwelling accommodations.

(7) "Contract" means any agreement of an authority with or for the benefit of an obligee, whether contained in a resolution, trust indenture, mortgage, lease, bond, or other instrument.

(8) "Council" means the legislative body, council, board of commissioners, board of trustees, or other body charged with governing a city.

(9) "Elderly families" means families of which the head of the family or that person's spouse is at least 60 years of age and who otherwise qualify as persons of low income.

(10) "Federal government" means the United States or any agency or instrumentality, corporate or otherwise, of the United States.

(11) "Government" means the state and federal governments and any subdivision, agency, or instrumentality, corporate or otherwise, of either.

(12) (a) "Housing project" means all real and personal property, buildings and improvements, stores, offices, lands for farming and gardening, and community facilities acquired or constructed or to be acquired or constructed pursuant to a single plan or undertaking:

(i) to demolish, clear, remove, alter, or repair unsanitary or unsafe housing; or

(ii) to provide safe and sanitary dwelling accommodations for persons of low income.

(b) The term "housing project" may also be applied to:

(i) the planning of the buildings and improvements;

(ii) the acquisition of property;

(iii) the demolition of existing structures;

(iv) the construction, reconstruction, alteration, and repair of the improvements; and

(v) all other work in connection with subsections (12)(b)(i) through (12)(b)(iv).

(13) "Mortgage" means deeds of trust, mortgages, building and loan contracts, or other instruments conveying real or personal property as security for bonds and conferring a right to foreclose and cause a sale of the bonds.

(14) "Municipality" means a city, town, or incorporated village that is located within the territorial boundaries of an authority.

(15) "Obligee of the authority" or "obligee" means a bondholder, a trustee for any bondholder, a lessor demising property to the authority used in connection with a housing project or any assignee or assignees of the lessor's interest or any part of the interest, and the United States when it is a party to any contract with the authority.

(16) "Persons of low income" means persons or families who lack the amount of income that is necessary, as determined by the authority undertaking the housing project, to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings without overcrowding.

(17) "Real property" means lands, lands under water, structures, and any and all easements, franchises, and incorporeal hereditaments and every estate and right in an estate, legal and equitable, including terms for years and liens by way of judgment, mortgage, or otherwise.

(18) "State" means the state of Montana.

(19) "Trust indenture" means instruments pledging the revenue of real or personal properties but not conveying the properties or conferring a right to foreclose and cause a sale of the properties.
Mont. Code Ann. § 7-7-4311 — MT Code / Title 7 / Chapter 7 / Part 43 / Section 7-7-4311
7-7-4311 Procedure to issue refunding general obligation bonds
Status: in_force

7-7-4311 . Procedure to issue refunding general obligation bonds. In order to issue bonds to refund bonds theretofore issued and outstanding, it shall only be necessary for the council, at a regular or duly called special meeting, to pass and adopt a resolution setting forth the facts with regard to the indebtedness to be refunded, showing the reason for issuing such refunding bonds and fixing and determining the details thereof, including whether the bonds will be sold at a private negotiated sale or public sale.
Mont. Code Ann. § 7-13-2286 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2286
7-13-2286 Certain errors not to invalidate assessments or liens
Status: in_force

7-13-2286 . Certain errors not to invalidate assessments or liens. (1) When, under any of the provisions of this part, special assessments are assessed against any lot or parcel of land as the property of a particular person, a misnomer of the owner or supposed owner or other mistake relating to the ownership of the land may not affect the assessment or render it void or voidable.

(2) Any mistake in the description of property or the name of the owner may not vitiate any liens created by this part unless it is impossible to identify the property from the description.
Mont. Code Ann. § 7-4-2701 — MT Code / Title 7 / Chapter 4 / Part 27 / Section 7-4-2701
7-4-2701 Qualifications for county attorney in certain counties
Status: in_force

7-4-2701 . Qualifications for county attorney in certain counties. (1) A person is not eligible for the position of full-time county attorney in counties that have a population in excess of 30,000 unless the person is a citizen of the United States and has resided in the state 2 years immediately before taking office and has been admitted to the practice of law for at least 5 years before the date of election or appointment.

(2) A person is not eligible for the position of full-time county attorney in counties that have a population of less than 30,000 unless the person is a citizen of the United States and has resided in the state 2 years immediately before taking office and has been admitted to the practice of law for at least 3 years before the date of election or appointment.

(3) A person is not eligible for the position of part-time county attorney in counties that have a population of less than 30,000 unless the person is a citizen of the United States and resides in the state and has been admitted to the practice of law before taking office.
Mont. Code Ann. § 7-14-2829 — MT Code / Title 7 / Chapter 14 / Part 28 / Section 7-14-2829
7-14-2829 Acquisition of land for ferry
Status: in_force

7-14-2829 . Acquisition of land for ferry. When lands are necessary for the construction, erection, or use of a ferry that cannot be procured by agreement between the owner of the ferry and the landowner, the right-of-way and all other lands necessary for the use and construction or erection of the ferry may be acquired by condemnation as provided in Title 70, chapter 30.
Mont. Code Ann. § 7-34-2154 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2154
7-34-2154 Decision on annexation petition
Status: in_force

7-34-2154 . Decision on annexation petition. Said board of county commissioners shall have the power, by order entered on its minutes:

(1) to grant said petition either in whole or in part;

(2) to alter the boundaries of said public hospital district; and

(3) to annex thereto all or such portion of said area or territory described in said petition as will be benefited thereby.
Mont. Code Ann. § 7-11-1008 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1008
7-11-1008 Right to protest -- procedure -- hearing
Status: in_force

7-11-1008 . Right to protest -- procedure -- hearing. (1) An owner of property that is liable to be assessed for the program or improvements in the proposed special district has 60 days from either the date of the first publication of the notice of passage of the resolution of intention or the date the protest form provided for in subsection (2)(c) was sent to property owners, whichever is later, to make a written protest against the proposed program or improvements.

(2) (a) A property owner may register a written protest under either subsection (2)(b) or (2)(c).

(b) A property owner may register a written protest in any format in conformity with this section. The protest must identify the property in the district owned by the protestor by either its street address or its legal description, whichever the property owner prefers, be signed by a majority of the owners of that property, and be delivered to the clerk of the governing body, who shall endorse on the protest the date of receipt.

(c) The governing body shall send each person referred to in 7-11-1007 (3)(c) a protest form with space for any information required under subsection (2)(b) of this section, mailing instructions, and the date the form must be returned to the governing body. The form must allow a property owner to select either support for or opposition against the creation of the district. The forms returned with an indication of either support for or opposition against the creation of the district may be used, along with written protests submitted under subsection (2)(b), in determining whether sufficient protest has been filed to prevent further proceedings.

(3) (a) For purposes of this section, "owner" means, as of the date a protest is filed, a record owner of fee simple title to the property or a contract buyer on file with the county clerk and recorder.

(b) The term does not include a tenant of or other holder of a leasehold interest in the property.

(4) An owner of property created as a condominium may protest pursuant to the provisions in 7-11-1027 .

(5) (a) At the hearing provided for in 7-11-1007 , the governing body shall consider all protests.

(b) If the protest is made by the owners of property in the proposed district to be assessed for:

(i) 50% or more of the cost of the proposed program or improvements, in accordance with the method or methods of assessment, further proceedings may not be taken by the governing body for at least 12 months; or

(ii) more than 10% but less than 50% of the cost of the proposed program or improvements, in accordance with the method or methods of assessment, and if the governing body decides to proceed with proposing the district, the governing body shall order a referendum in accordance with 7-11-1011 .

(c) In determining whether or not sufficient protests have been filed in the proposed special district to prevent further proceedings, property owned by a governmental entity must be considered the same as any other property in the district.

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

(e) The governing body may adjourn the hearing from time to time.
Mont. Code Ann. § 7-1-4121 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4121
7-1-4121 General definitions
Status: in_force

7-1-4121 . General definitions. As used in 7-1-4121 through 7-1-4127 , 7-1-4129 through 7-1-4143 , and 7-1-4145 through 7-1-4149 , unless otherwise provided, the following definitions apply:

(1) "Charter" means a written document defining the powers, structure, privileges, rights, and duties of the government and limitations on the government.

(2) "Chief executive" means the elected executive in a government adopting the commission-executive form, the manager in a government adopting the commission-manager form, the presiding officer in a government adopting the commission-presiding officer form, the town presiding officer in a government adopting the town meeting form, the commission acting as a body in a government adopting the commission form, or the officer or officers designated in the charter in a government adopting a charter.

(3) "Elector" means a resident of the municipality qualified and registered to vote under state law.

(4) "Employee" means a person other than an officer who is employed by a municipality.

(5) "Executive branch" means that part of the municipality, including departments, offices, and boards, charged with implementing actions approved and administering policies adopted by the governing body of the local government or performing the duties required by law.

(6) "Governing body" means the commission or town meeting legislative body established in the alternative form of local government.

(7) "Guideline" means a suggested or recommended standard or procedure to serve as an index of comparison and is not enforceable as a regulation.

(8) "Law" means a statute enacted by the legislature of Montana and approved and signed by the governor or a statute adopted by the people of Montana through statutory initiative procedures.

(9) "Municipality" means an entity that incorporates as a city or town.

(10) "Office of the municipality" means the permanent location of the seat of government from which the records administrator, or the office of the clerk of the governing body if one is appointed, carries out the duties of the records administrator.

(11) "Officer" means a person holding a position with a municipality that is ordinarily filled by election or, in those municipalities with a manager, the manager.

(12) "Ordinance" means an act that is adopted and approved by a municipality and that has effect only within the jurisdiction of the local government.

(13) "Person" means any individual, firm, partnership, company, corporation, trust, trustee, assignee or other representative, association, or other organized group.

(14) "Plan of government" means a certificate submitted by a governing body that documents the basic form of government selected, including all applicable suboptions. The plan must establish the terms of all officers and the number of commissioners, if any, to be elected.

(15) "Political subdivision" refers to a local government, authority, school district, or multicounty agency.

(16) "Population" means the number of inhabitants as determined by an official federal, state, or local census or official population estimate approved by the department of commerce.

(17) "Printed" means the act of reproducing a design on a surface by any process as defined by 1-1-203 (4).

(18) "Public agency" means a political subdivision, Indian tribal council, state or federal department or office, or the Dominion of Canada or any provincial department, office, or political subdivision.

(19) "Public property" means any property owned by a municipality or held in the name of a municipality by any of the departments, boards, or authorities of the local government.

(20) "Real property" means lands, structures, buildings, and interests in land, including lands under water and riparian rights, and all things and rights usually included within the term "real property", including not only fee simple absolute but also all lesser interests, such as easements, rights-of-way, uses, leases, licenses, and all other incorporeal hereditaments and every estate, interest, or right, legal or equitable, pertaining to real property.

(21) "Reproduced" means the act of reproducing a design on any surface by any process.

(22) "Resolution" means a statement of policy by the governing body or an order by the governing body that a specific action be taken.

(23) "Service" means an authorized function or activity performed by local government.

(24) "Structure" means the entire governmental organization through which a local government carries out its duties, functions, and responsibilities.
Mont. Code Ann. § 7-5-4112 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4112
7-5-4112 Reports from municipal officers
Status: in_force

7-5-4112 . Reports from municipal officers. The city or town council may require from an officer at any time a report in detail of the transactions in that office or any matter connected with that office.
Mont. Code Ann. § 7-1-4135 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4135
7-1-4135 Posting
Status: in_force

7-1-4135 . Posting. (1) The governing body shall specify by resolution a public location for posting information and shall order erected a suitable posting board.

(2) When posting is required, a copy of the document shall be placed on the posting board, and a copy shall be available at the municipal office.
Mont. Code Ann. § 7-31-202 — MT Code / Title 7 / Chapter 31 / Part 2 / Section 7-31-202
7-31-202 Qualifications for public safety communications officers
Status: in_force

7-31-202 . Qualifications for public safety communications officers. To be appointed a public safety communications officer, a person:

(1) must be a citizen of the United States;

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

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

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

(5) must be of good moral character, as determined by a thorough background investigation;

(6) must be a high school graduate or have been issued a high school equivalency diploma by the superintendent of public instruction or by an appropriate issuing agency of another state or of the federal government; and

(7) must meet any additional qualifications established by the council.
Mont. Code Ann. § 7-2-4806 — MT Code / Title 7 / Chapter 2 / Part 48 / Section 7-2-4806
7-2-4806 Contents of notice -- protest period
Status: in_force

7-2-4806 . Contents of notice -- protest period. The notice shall be to the effect that:

(1) such resolution has been duly and regularly passed; and

(2) for a period of 20 days after the first publication of such notice, such city or town clerk will receive from the owners of the territory proposed to be excluded expressions of approval or disapproval, in writing, of the proposed alterations of the boundaries of such city or town by the exclusion of the territory petitioned to be excluded.
Mont. Code Ann. § 7-22-4101 — MT Code / Title 7 / Chapter 22 / Part 41 / Section 7-22-4101
7-22-4101 Control of nuisance weeds within municipality
Status: in_force

7-22-4101 . Control of nuisance weeds within municipality. (1) The city or town council has power to:

(a) declare and determine what vegetation within the city or town shall be nuisance weeds;

(b) provide the manner in which they shall be exterminated;

(c) require the owner or owners of any property within said city or town to exterminate or remove nuisance weeds from their premises and the one-half of any road or street lying next to the land or boulevard abutting thereon; and

(d) provide, in the event the owner or owners of any of said premises neglect to exterminate or remove the nuisance weeds therefrom, for levying the cost of such extermination or removal as a special tax against the property.

(2) A noxious weed as defined in 7-22-2101 may not be declared a nuisance weed under this section.
Mont. Code Ann. § 7-22-2302 — MT Code / Title 7 / Chapter 22 / Part 23 / Section 7-22-2302
7-22-2302 Definition of term insect pest
Status: in_force

7-22-2302 . Definition of term insect pest. The term "insect pest" as used in this part shall include grasshopper, cutworm, pale western cutworm, armyworm, chinch bug, and any other insect or arthropod generally recognized as a destroyer of grain, hay, range, and horticultural crops.
Mont. Code Ann. § 7-14-2301 — MT Code / Title 7 / Chapter 14 / Part 23 / Section 7-14-2301
7-14-2301 County road superintendent -- appointment and compensation
Status: in_force

7-14-2301 . County road superintendent -- appointment and compensation. (1) A board of county commissioners may appoint a county road superintendent. The superintendent has the duties, powers, and responsibilities set forth in this part. After the appointment, the county road superintendent shall serve at the pleasure of and under the direction and control of the board. The superintendent shall file with the county clerk the customary oath of office and a bond approved by the board for the faithful performance of the superintendent's duties.

(2) The superintendent must receive compensation as determined by the board.
Mont. Code Ann. § 7-22-2133 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2133
7-22-2133 Noncompliance -- actions for landowners
Status: in_force

7-22-2133 . Noncompliance -- actions for landowners. (1) If the board is unable to obtain the landowner's voluntary compliance with the weed management program within 10 days of the landowner's receipt of the notification, the landowner is considered to be in noncompliance and is subject to appropriate control measures pursuant to 7-22-2134 .

(2) (a) Within 10 days after receiving notice to comply with the weed management program, the landowner may request a hearing before the commissioners if the landowner disagrees with the weed control measures proposed by the board.

(b) If the landowner's objection to the board's action remains after the hearing, the landowner has 10 days to appeal the commissioners' decision to the district court with jurisdiction in the county in which the property is located.

(3) If the landowner has requested a hearing pursuant to subsection (2)(a) or has appealed a hearing decision pursuant to subsection (2)(b), the board may not take any action to control the noxious weeds until after the hearing and authorization is provided from the commissioners or the court.
Mont. Code Ann. § 7-13-4507 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4507
7-13-4507 Notice of resolutions of intention and concurrence
Status: in_force

7-13-4507 . Notice of resolutions of intention and concurrence. (1) The commissioners shall give notice of the passage of the resolution of intention and resolution of concurrence, if applicable, and publish a notice that:

(a) describes the local water quality program that would be implemented in the local water quality district;

(b) specifies the initial proposed fees to be charged;

(c) designates the time and place where the commissioners will hear and decide upon protests made against the operation of the proposed district; and

(d) states that a description of the boundaries for the proposed district is included in the resolution on file in the county clerk's office.

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

(3) The commissioners shall mail to all owners of proposed fee-assessed units, as listed in the property tax record maintained by the department of revenue, a postcard that identifies the location where the resolution of intention, resolution of concurrence, and protest forms may be obtained.
Mont. Code Ann. § 7-6-2522 — MT Code / Title 7 / Chapter 6 / Part 25 / Section 7-6-2522
7-6-2522 All-purpose levy
Status: in_force

7-6-2522 . All-purpose levy. Subject to 15-10-420 , the all-purpose levy is an annual levy upon the taxable value of all property in the county subject to taxation for county public or governmental purposes.
Mont. Code Ann. § 7-14-2142 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2142
7-14-2142 Use of Montana-made wooden materials in county road projects
Status: in_force

7-14-2142 . Use of Montana-made wooden materials in county road projects. When the board of county commissioners authorizes a construction or reconstruction project on a county road, it shall require the use of Montana-made wooden guardrail posts, fenceposts, and signposts when appropriate and when the cost of wooden materials is less than or equal to the cost of other materials.
Mont. Code Ann. § 7-15-4401 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4401
7-15-4401 Findings and policy
Status: in_force

7-15-4401 . Findings and policy. It is hereby declared that:

(1) unsanitary or unsafe dwelling accommodations exist in urban areas throughout the state, and such unsafe or unsanitary conditions arise from overcrowding and concentration of population, the obsolete and poor conditions of buildings, improper planning, excessive land coverage, lack of proper light, air, and space, unsanitary design and arrangement, lack of proper sanitary facilities, and the existence of conditions which endanger life or property by fire and other causes;

(2) in such urban areas, many persons of low income are forced to reside in unsanitary or unsafe dwelling accommodations;

(3) in such urban areas, there is a lack of safe or sanitary dwelling accommodations available to all the inhabitants thereof, and consequently, many persons of low income are forced to occupy overcrowded and congested dwelling accommodations;

(4) these conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the citizens of the state and impair economic values;

(5) these conditions cannot be remedied by the ordinary operations of private enterprise;

(6) the clearance, replanning, and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired;

(7) it is in the public interest that work on such projects be instituted as soon as possible; and

(8) the necessity for the provisions hereinafter enacted is hereby declared, as a matter of legislative determination, to be in the public interest.
Mont. Code Ann. § 7-5-2304 — MT Code / Title 7 / Chapter 5 / Part 23 / Section 7-5-2304
7-5-2304 Exemptions from competitive bidding requirements
Status: in_force

7-5-2304 . Exemptions from competitive bidding requirements. The provisions of 7-5-2301 do not apply to contracts for:

(1) public printing entered into in accordance with the provisions of Title 18, chapter 7, part 4;

(2) purchases that, in the opinion of the governing body, are made necessary by fire, flood, explosion, storm, earthquake, other elements, epidemic, or riot or insurrection; for the immediate preservation of order or the public health; for the restoration of a condition of usefulness that has been destroyed by accident, wear, tear, or mischief; or for the relief of a stricken community overtaken by calamity; and

(3) a cooperative purchasing agreement allowed in 7-5-2310 .
Mont. Code Ann. § 7-4-3006 — MT Code / Title 7 / Chapter 4 / Part 30 / Section 7-4-3006
7-4-3006 Limitation on number of deputy district court clerks
Status: in_force

7-4-3006 . Limitation on number of deputy district court clerks. The number of deputies allowed the clerk of the district court may not exceed one chief deputy and up to:

(1) six deputies in counties having a taxable valuation of $30 million or more;

(2) four deputies in counties having a taxable valuation of $15 million or more and less than $30 million and having more than one district judge;

(3) two deputies in counties having a taxable valuation of $15 million or more and less than $30 million and having one district judge;

(4) one deputy in counties having a taxable valuation of less than $15 million.
Mont. Code Ann. § 7-3-1302 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1302
7-3-1302 Fiscal year
Status: in_force

7-3-1302 . Fiscal year. The fiscal year of the municipality shall begin with July 1 and shall end with the succeeding June 30.
Mont. Code Ann. § 7-8-204 — MT Code / Title 7 / Chapter 8 / Part 2 / Section 7-8-204
7-8-204 Bonding authority undiminished
Status: in_force

7-8-204 . Bonding authority undiminished. This part shall not be interpreted as modifying or diminishing the bonding authority of counties or cities as provided by law.
Mont. Code Ann. § 7-3-314 — MT Code / Title 7 / Chapter 3 / Part 3 / Section 7-3-314
7-3-314 Type of election
Status: in_force

7-3-314 . Type of election. Local government elections shall be conducted on a:

(1) partisan basis; or

(2) nonpartisan basis.
Mont. Code Ann. § 7-14-243 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-243
7-14-243 Examination of petition -- hearing
Status: in_force

7-14-243 . Examination of petition -- hearing. (1) Upon the filing of such petition, the commissioners shall carefully examine the petition.

(2) (a) If it is found that the petition is in proper form and bears the requisite number of signatures of qualified petitioners, the commissioners shall by resolution call for a public hearing on the dissolution of such transportation district.

(b) If such petition is found by the commissioners to be lacking in the number of signatures, the commissioners shall declare the petition void.
Mont. Code Ann. § 7-11-101 — MT Code / Title 7 / Chapter 11 / Part 1 / Section 7-11-101
7-11-101 Short title
Status: in_force

7-11-101 . Short title. This part shall be known and cited as the "Interlocal Cooperation Act".
Mont. Code Ann. § 7-4-2403 — MT Code / Title 7 / Chapter 4 / Part 24 / Section 7-4-2403
7-4-2403 Official mention of principal officer includes deputies
Status: in_force

7-4-2403 . Official mention of principal officer includes deputies. Whenever the official name of any principal officer is used in any law conferring power or imposing duties or liabilities, it includes the officer's deputies.
Mont. Code Ann. § 7-3-1246 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1246
7-3-1246 General duties of manager
Status: in_force

7-3-1246 . General duties of manager. The manager shall act as chief conservator of the peace within the municipality, supervise the administration of the affairs of the municipality, see that the ordinances of the municipality and the laws of the state are enforced, make recommendations to the commission concerning the affairs of the municipality, keep the commission advised of the financial conditions and future needs of the municipality, prepare and submit to the commission reports that may be required by that body, and perform other duties that may be prescribed by part 13 or this part or be required by ordinance or resolution of the commission.
Mont. Code Ann. § 7-12-4331 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4331
7-12-4331 Lighting district fund established
Status: in_force

7-12-4331 . Lighting district fund established. All money derived from the collection of the assessments provided for in 7-12-4328 through 7-12-4330 shall constitute a fund to be known as the special improvement lighting district No. .... fund.
Mont. Code Ann. § 7-4-2503 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2503
7-4-2503 Salary schedule for certain county officers -- county compensation board
Status: in_force

7-4-2503 . Salary schedule for certain county officers -- county compensation board. (1) (a) The salary paid to the county treasurer, county clerk and recorder, clerk of the district court, county assessor, county superintendent of schools, county sheriff, county surveyor in counties where county surveyors receive salaries as provided in 7-4-2812 , justice of the peace, county coroner, and county auditor in all counties in which the office is authorized must be established by the county governing body based upon the recommendations of the county compensation board provided for in subsection (4).

(b) Except as provided in subsection (2), the annual salary established pursuant to subsection (1)(a) must be uniform for all county officers referred to in subsection (1)(a).

(2) (a) An elected county superintendent of schools must receive, in addition to the salary based upon subsection (1), the sum of $400 a year, except that an elected county superintendent of schools who holds a master of arts degree or a master's degree in education, with an endorsement in school administration, from a unit of the Montana university system or an equivalent institution may, at the discretion of the county commissioners, receive, in addition to the salary based upon subsection (1), up to $2,000 a year.

(b) The county sheriff must receive, in addition to the salary based upon subsection (1), the sum of $2,000 a year. The additional salary provided in this subsection (2)(b) must be included as salary for the purposes of computing the compensation for undersheriffs and deputy sheriffs as provided in 7-4-2508 .

(c) In addition to the salary provided for in subsections (1) and (2)(b), the county sheriff may receive any additional salary as determined by the board of county commissioners. The additional salary provided in this subsection (2)(c) must be included as salary for the purposes of computing the compensation for undersheriffs and deputy sheriffs as provided in 7-4-2508 .

(d) The county sheriff must receive a longevity payment amounting to 1% of the salary determined under subsections (1) and (2)(b) for each year of service with the sheriff's office. The payment, nonpayment, increase, lack of increase, or decrease of the discretionary salary under subsection (2)(c) has no impact on the longevity payment. The additional salary amount provided for in this subsection may not be included in the salary for purposes of computing the compensation for undersheriffs and deputy sheriffs as provided in 7-4-2508 .

(e) If the clerk and recorder is also the county election administrator, the clerk and recorder may receive, in addition to the base salary provided in subsection (1)(a), up to $2,000 a year. The additional salary provided for in this subsection (2)(e) may not be included as salary for the purposes of computing the compensation of any other county officers or employees.

(f) The county treasurer, clerk of district court, and justice of the peace may each receive, in addition to the base salary provided in subsection (1)(a), up to $2,000 a year. The additional salary provided for in this subsection (2)(f) may not be included as salary for the purposes of computing the compensation of any other county officers or employees.

(g) The county coroner may be a part-time position, and the salary may be set accordingly.

(h) The justice of the peace for a justice's court of record may receive, in addition to the base salary provided in subsection (1)(a), compensation up to an amount allowed by 3-10-207 .

(i) A reserve deputy sheriff's officer may be compensated in a manner determined by the board of county commissioners.

(3) (a) Subject to subsection (3)(b), the salary for the county attorney must be set as provided in subsection (4).

(b) If the uniform base salary set for county officials pursuant to subsection (1) is increased, then the county attorney is entitled to at least the same increase unless the increase would cause the county attorney's salary to exceed the salary of a district court judge.

(c) (i) After completing 4 years of service as deputy county attorney, each deputy county attorney is entitled to an increase in salary of $1,000 on the anniversary date of employment as deputy county attorney. After completing 5 years of service as deputy county attorney, each deputy county attorney is entitled to an additional increase in salary of $1,500 on the anniversary date of employment. After completing 6 years of service as deputy county attorney and for each year of additional service up to completion of the 11th year of service, each deputy county attorney is entitled to an additional annual longevity salary increase of $500 or a greater amount based on the schedule developed and recommended by the county compensation board as provided in subsection (4). Any additional annual longevity salary increase provided for in this section after the 11th year of service may not exceed the amount provided in the schedule developed and recommended by the county compensation board.

(ii) The years of service accumulated after the 11th year of service as a deputy county attorney prior to July 1, 2015, may not be included in the calculation of the longevity increases by the county compensation board under this section.

(iii) The years of service as a deputy county attorney accumulated prior to July 1, 1985, must be included in the calculation of the longevity increase.

(4) (a) There is a county compensation board consisting of:

(i) the county commissioners;

(ii) three of the county officials described in subsection (1) appointed by the board of county commissioners;

(iii) the county attorney;

(iv) two to four resident taxpayers appointed initially by the board of county commissioners to staggered terms of 3 years, with the initial appointments of one or two taxpayer members for a 2-year term and one or two taxpayer members for a 3-year term; and

(v) (A) subject to subsection (4)(a)(v)(B), one resident taxpayer appointed by each of the three county officials described in subsection (4)(a)(ii).

(B) The appointments in subjection (4)(a)(v)(A) are not mandatory.

(b) The county compensation board shall hold hearings annually for the purpose of reviewing the compensation paid to county officers. The county compensation board may consider the compensation paid to comparable officials in other Montana counties, other states, state government, federal government, and private enterprise.

(c) The county compensation board shall prepare a compensation schedule for the elected county officials, including the county attorney, for the succeeding fiscal year. The schedule must take into consideration county variations, including population, the number of residents living in unincorporated areas, assessed valuation, motor vehicle registrations, building permits, and other factors considered necessary to reflect the variations in the workloads and responsibilities of county officials as well as the tax resources of the county.

(d) A recommended compensation schedule requires a majority vote of the county compensation board, and at least two county commissioners must be included in the majority. A recommended compensation schedule may not reduce the salary of a county officer that was in effect on May 1, 2001.

(e) The provisions of this subsection (4) do not apply to a county that has adopted a charter form of government or to a charter, consolidated city-county government.
Mont. Code Ann. § 7-12-4308 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4308
7-12-4308 Operation of district
Status: in_force

7-12-4308 . Operation of district. (1) The city or town council may:

(a) provide for the installation of the lighting system for the special improvement lighting district; and

(b) provide for the maintenance and operation of the lighting system after the lighting system has been installed.

(2) The light posts in a special improvement lighting district must be of uniform size and character and must be distributed uniformly on the street or public highway or portion of the street or public highway to be lighted.

(3) The lights in each district must be maintained for the period of time and in the manner the city or town council elects. If a public utility, as defined in 69-3-101 , provides for the installation, maintenance, or operation of the lighting system, the installation, maintenance, or operation must be performed in accordance with the public utility's applicable tariff schedule.
Mont. Code Ann. § 7-13-155 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-155
7-13-155 Limitation on repayment of loan to reserve fund
Status: in_force

7-13-155 . Limitation on repayment of loan to reserve fund. Nothing in 7-13-151 through 7-13-156 permits the repayment of any loan to the reserve fund at any time unless all interest theretofore accrued on the bonds has been fully paid and all principal theretofore agreed to be paid in accordance with such redemption schedule as may be provided in the resolution or resolutions authorizing such bonds has been paid.
Mont. Code Ann. § 7-2-4905 — MT Code / Title 7 / Chapter 2 / Part 49 / Section 7-2-4905
7-2-4905 Effect of insufficient vote to disincorporate
Status: in_force

7-2-4905 . Effect of insufficient vote to disincorporate. If it is found by the canvass of the votes that less than 60% of the votes cast were in favor of disincorporation, the county commissioners shall declare the petition for disincorporation denied, in which case no other election may be held on the question of disincorporating said city or town until after the expiration of 2 years from the date of the election.
Mont. Code Ann. § 7-11-221 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-221
7-11-221 Powers and duties of commission
Status: in_force

7-11-221 . Powers and duties of commission. A commission shall have the following powers and duties:

(1) to contract and cooperate with other public or private agencies, as it considers necessary for the rendition and affording of such services, facilities, studies, and reports to the commission as will best assist it to carry out the purposes for which the commission was established;

(2) to consult and retain such experts and to employ such executive, clerical, and other staff as, in the commission's judgment, may be necessary;

(3) to accept and expend money from any public or private source, including the federal government;

(4) to do any and all other things as are consistent with and reasonably required to perform its functions under this part.
Mont. Code Ann. § 7-6-1535 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1535
7-6-1535 Resort area district -- hearing on petition
Status: in_force

7-6-1535 . Resort area district -- hearing on petition. (1) At the hearing for which notification has occurred under 7-6-1534 , the board of county commissioners shall accept comments supporting and opposing the petition. The board of county commissioners may adjourn the hearing from time to time, but the hearing must be completed within 4 weeks of its commencement.

(2) Upon concluding the hearing on the petition, the board of county commissioners shall determine whether the petition complies with the requirements of 7-6-1533 through 7-6-1536 , 7-6-1539 through 7-6-1544 , 7-6-1546 through 7-6-1548 , and 7-6-1550 and enter its determination into the minutes of a regularly scheduled meeting.
Mont. Code Ann. § 7-6-4014 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4014
7-6-4014 Restriction on tax-financed expenditures if voter approval required
Status: in_force

7-6-4014 . Restriction on tax-financed expenditures if voter approval required. If an expenditure is to be financed from a tax levy required to be authorized and approved at an election, the expenditure may not be made or an obligation may not be incurred against the expenditure until the tax levy is authorized and approved.
Mont. Code Ann. § 7-14-2203 — MT Code / Title 7 / Chapter 14 / Part 22 / Section 7-14-2203
7-14-2203 Repairs to streambeds, watercourses, and banks
Status: in_force

7-14-2203 . Repairs to streambeds, watercourses, and banks. The board of county commissioners may also make repairs to streambeds and watercourses and the banks thereof when any bridge is in danger of being damaged or lost because of erosion or changes in the beds or banks.
Mont. Code Ann. § 7-31-102 — MT Code / Title 7 / Chapter 31 / Part 1 / Section 7-31-102
7-31-102 Petition for smoke abatement program
Status: in_force

7-31-102 . Petition for smoke abatement program. Wherever a petition is presented to the board of county commissioners of any county or to the council of any incorporated city or town, signed by at least 100 of the resident taxpayers of such county or incorporated city or town, requesting that a contract be made and vote taken under this part, it shall be the duty of the board of county commissioners of such county or the council of such incorporated city or town, as the case may be, to enter into and make a contract for the abatement of such injurious and unhealthy smoke or fumes or for conducting or carrying the same away, so as to remove or lessen the injurious and unhealthy results thereof as effectually as the same can be done.
Mont. Code Ann. § 7-32-4161 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4161
7-32-4161 Enforcement of decision
Status: in_force

7-32-4161 . Enforcement of decision. The mayor shall make an order enforcing the decision of the police commission. The decision or order is subject to review by the district court of the proper county on all questions of fact and all questions of law.
Mont. Code Ann. § 7-12-4335 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4335
7-12-4335 Change of boundaries of maintenance district
Status: in_force

7-12-4335 . Change of boundaries of maintenance district. The city or town council shall have the power, not more than once in a year, to change by resolution the boundaries and number of any maintenance district, but such change of boundaries shall not affect indebtedness existing at the time of such change.
Mont. Code Ann. § 7-33-4114 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4114
7-33-4114 Limitation on liability for delays by persons authorized to receive and transmit fire reports
Status: in_force

7-33-4114 . Limitation on liability for delays by persons authorized to receive and transmit fire reports. No person, corporation, partnership, or association which is authorized by any city, town, village, or district fire department or by any volunteer fire company to receive any report of fire or which agrees to receive and transmit such report to such fire department or volunteer fire company shall be liable in any civil action for damage to property or persons, including death, caused by delay in reporting or failure to report such fire unless such delay or failure is the result of the gross negligence of such person, corporation, partnership, or association.
Mont. Code Ann. § 7-15-2114 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2114
7-15-2114 Certain laws controlling
Status: in_force

7-15-2114 . Certain laws controlling. Insofar as the provisions of this part are inconsistent with the provisions of any other law, the provisions of this part are controlling.
Mont. Code Ann. § 7-33-4109 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4109
7-33-4109 Supplementary volunteer fire department authorized for cities of second class -- voted levy for volunteer firefighters' disability income insurance or workers' compensation coverage
Status: in_force

7-33-4109 . Supplementary volunteer fire department authorized for cities of second class -- voted levy for volunteer firefighters' disability income insurance or workers' compensation coverage. (1) In addition to a paid department, the city council, city commission, or other governing body in cities of the second class may make provision for a volunteer fire department.

(2) The city commission or governing department is exempted from compliance with 7-33-4128 to the extent that section applies to the volunteer fire department by way of penalties and infringements.

(3) A volunteer is an enrolled member of the volunteer fire department, assists the paid fire department, and is eligible to serve only on the board of trustees of the fire department relief association of the city. However, not more than three volunteer members may be on the board of trustees. A person who is a volunteer for the purposes of this section is not entitled to receive a service pension.

(4) The governing body of the city may:

(a) pay an enrolled volunteer firefighter a minimum of $1 for attending a fire and a minimum of $1 for each hour or fraction of an hour after the first hour in active service at a fire or returning equipment to its proper place;

(b) subject to 15-10-425 , levy a tax upon all property within a fire district for the purpose of buying disability income insurance coverage or workers' compensation coverage for the volunteer firefighters of the volunteer fire department as provided in 7-6-621 .

(5) In attending fires, any volunteer shall act and serve under the supervision of the chief of the paid fire department.
Mont. Code Ann. § 7-3-1251 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1251
7-3-1251 Advisory boards
Status: in_force

7-3-1251 . Advisory boards. The manager may appoint a board of citizens qualified to act in an advisory capacity to the head of any specified department or office. The members of all such boards shall serve without compensation, and it shall be their duty to consult with and advise the officer in charge of the department or office for which they are appointed, but not to direct the conduct of such department or office. Public meetings of such boards may be called for the consideration of the affairs of the department or office for which they are appointed.
Mont. Code Ann. § 7-21-4206 — MT Code / Title 7 / Chapter 21 / Part 42 / Section 7-21-4206
7-21-4206 Control of erection of signs and awnings
Status: in_force

7-21-4206 . Control of erection of signs and awnings. The city or town council has power to regulate the putting up of signs and awnings.
Mont. Code Ann. § 7-11-211 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-211
7-11-211 Compensation for members of commission
Status: in_force

7-11-211 . Compensation for members of commission. Members of a commission shall receive no compensation but shall receive actual and necessary travel and other expenses incurred in the performance of official duties.
Mont. Code Ann. § 7-6-4404 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4404
7-6-4404 Tax-related duties of town clerk
Status: in_force

7-6-4404 . Tax-related duties of town clerk. It is the duty of the town clerk to perform such duties in the collection of taxes, license fees, or assessments as are prescribed by law or ordinance.
Mont. Code Ann. § 7-23-4101 — MT Code / Title 7 / Chapter 23 / Part 41 / Section 7-23-4101
7-23-4101 Control of animals running at large
Status: in_force

7-23-4101 . Control of animals running at large. The city or town council has power to regulate, restrain, or prohibit the running at large of horses, cattle, swine, sheep, goats, and dogs or other animals and to authorize the impounding and sale thereof if found at large contrary to ordinances.
Mont. Code Ann. § 7-2-4707 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4707
7-2-4707 Resolution of intention to annex
Status: in_force

7-2-4707 . Resolution of intention to annex. The governing body of any municipality desiring to annex territory under the provisions of this part shall first pass a resolution stating the intent of the municipality to consider annexation. Such resolution shall describe the boundaries of the area under consideration and fix a date for a public hearing on the question of annexation, the date for such public hearing to be not less than 30 days and not more than 60 days following passage of the resolution.
Mont. Code Ann. § 7-4-2105 — MT Code / Title 7 / Chapter 4 / Part 21 / Section 7-4-2105
7-4-2105 Term of office
Status: in_force

7-4-2105 . Term of office. (1) The term of office of county commissioners is 6 years unless otherwise provided for under a plan of government provided for in a county adopting an optional or alternative form of government. A county commissioner takes office at 12:01 a.m. on January 1 succeeding the date of the election at which the county commissioner was elected.

(2) A county commissioner elected to take office shall take the oath of office on or before the last business day of December following the commissioner's election, except as provided for in 7-4-2106 .
Mont. Code Ann. § 7-14-4608 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4608
7-14-4608 Adoption of resolutions -- jurisdictional area
Status: in_force

7-14-4608 . Adoption of resolutions -- jurisdictional area. Either or both such resolutions referred to in 7-14-4606 and 7-14-4607 may be adopted by the legislative body of a city. If both such resolutions are adopted, they shall clearly specify areas within the city, less than the whole thereof, within which or projects over which the commission and the city, respectively, are to have jurisdiction and control. The division of such jurisdiction and control shall be as so specified but may be changed from time to time by action of both the legislative body and the commission to such extent as may be consistent with obligations to bondholders assumed under this part.
Mont. Code Ann. § 7-12-2122 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2122
7-12-2122 Term of office of multicounty district trustee
Status: in_force

7-12-2122 . Term of office of multicounty district trustee. (1) The trustees appointed upon the creation of a district shall serve staggered terms of 1, 2, and 3 years. After the initial appointments, each trustee serves a term of 3 years.

(2) A trustee holds office for the term of appointment or until a successor is appointed and qualified.
Mont. Code Ann. § 7-1-4114 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4114
7-1-4114 Advance in classification of municipalities
Status: in_force

7-1-4114 . Advance in classification of municipalities. Whenever it manifestly appears to a city or town council from the last federal, state, county, city, or town census that such city or town has the requisite population to entitle it to be classified as provided in 7-1-4111 and 7-1-4112 , such city or town must be advanced as provided in 7-1-4115 .
Mont. Code Ann. § 7-2-2748 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2748
7-2-2748 Special funding bond district bonds
Status: in_force

7-2-2748 . Special funding bond district bonds. (1) Bonds issued under 7-2-2747 shall not be issued for a longer period than 10 years and shall be issued without submitting the question of doing so to any election. Such bonds shall be issued in the name of such district and shall be signed by the trustees. The clerk shall attest the same and affix the seal of the district thereof, and they shall be registered in the office of the county treasurer, who shall certify such registration on such bonds. Except as otherwise provided herein and insofar as the same are not in conflict herewith, all of the provisions of 7-7-107 , 7-7-108 , 7-7-123 , 7-7-124 , 7-7-2104 , 7-7-2106 , and parts 22 and 23 of chapter 7 shall apply to, govern, and control the issuance, sale, and payment of such bonds, with the interest thereon, and the levying of taxes for such purposes.

(2) There shall be inserted and made a part of each such bond statements setting forth the purpose for which the same is issued and that said bonds do not incur, create, or constitute any indebtedness or obligation whatever on the part of the county of (naming the county whose board of county commissioners, acting as such trustees, are issuing such bonds) but that the principal and interest thereof will be paid by special millage taxes levied against all of the taxable property situated within the boundaries of such special funding bond district.
Mont. Code Ann. § 7-33-2311 — MT Code / Title 7 / Chapter 33 / Part 23 / Section 7-33-2311
7-33-2311 Fire companies authorized
Status: in_force

7-33-2311 . Fire companies authorized. (1) Fire companies in unincorporated towns and villages are organized by filing with the county clerk of the county in which they are located a certificate in writing, signed by the presiding officer and secretary, providing the date of organization, name, officers, and roll of active and honorary members.

(2) Pursuant to 19-17-112 , a fire company shall file with the public employees' retirement board by September 1 of each year:

(a) the annual certificate for the prior fiscal year;

(b) the roster of active and inactive members for the current fiscal year; and

(c) membership cards for all members.
Mont. Code Ann. § 7-12-4621 — MT Code / Title 7 / Chapter 12 / Part 46 / Section 7-12-4621
7-12-4621 Water user entities exempt from special assessments
Status: in_force

7-12-4621 . Water user entities exempt from special assessments. Rights-of-way, ditches, flumes, pipelines, dams, water rights, reservoirs, equipment, machinery, motor vehicles, and other personal property owned by a nonprofit water company, water users' association, irrigation company, canal company, ditch company, reservoir company, or similar nonprofit water user entity are exempt from every special assessment imposed by any improvement or maintenance district created under Title 7, chapter 12.
Mont. Code Ann. § 7-12-4303 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4303
7-12-4303 Notice of resolution of intent to create lighting district
Status: in_force

7-12-4303 . Notice of resolution of intent to create lighting district. (1) Upon having passed the resolution required by 7-12-4302 , the council shall give notice of the passage of the resolution of intention. The notice of the passage of the resolution must be published as provided in 7-1-4127 . A copy of the notice must be mailed to every person, firm, or corporation having property within the proposed district, as listed on the current property tax record, at the property owner's address as the address is listed on the current property tax record, on the same day that the notice is first published or posted.

(2) The notice must describe the general character of the improvement proposed to be made, state the estimated cost of the improvement and the estimated cost of maintaining the lights and supplying the electrical current for the improvement and lights within the district for the first year, and designate the time when and the place where the council will hear and pass upon all protests that may be made against the making of the improvement or the creation of the district. The notice must refer to the resolution on file in the office of the city clerk for a description of the boundaries.
Mont. Code Ann. § 7-3-190 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-190
7-3-190 Supplementary reports
Status: in_force

7-3-190 . Supplementary reports. A study commission may prepare separate reports in addition to its final report. These reports may recommend consolidation of services and functions and indicate potential areas for interlocal agreements. Such reports shall be submitted to all appropriate governing bodies for reaction within 1 year.
Mont. Code Ann. § 7-13-3017 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3017
7-13-3017 Assessment of costs
Status: in_force

7-13-3017 . Assessment of costs. To defray the cost of installing and maintaining the system under the provisions of this part, the governing body shall adopt the following method of assessment:

(1) The governing body shall assess the entire cost of the improvements against the entire district.

(2) Each lot or parcel of land assessed in the district is to be assessed with that part of the whole cost that its area bears to the area of the entire district, exclusive of streets, avenues, alleys, and public places.
Mont. Code Ann. § 7-31-4103 — MT Code / Title 7 / Chapter 31 / Part 41 / Section 7-31-4103
7-31-4103 Ditches, drains, and flumes in municipalities
Status: in_force

7-31-4103 . Ditches, drains, and flumes in municipalities. The city or town council has power to regulate the use and construction of irrigating ditches, drains, and flumes within or running through any city or town.
Mont. Code Ann. § 7-14-4106 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4106
7-14-4106 Payment for cost of removing waste
Status: in_force

7-14-4106 . Payment for cost of removing waste. The city or town council may levy the cost of the removal provided for in 7-14-4105 (2) as a special charge against the property from which the matter was deposited.
Mont. Code Ann. § 7-7-4610 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4610
7-7-4610 Details relating to refunding revenue bonds
Status: in_force

7-7-4610 . Details relating to refunding revenue bonds. The refunding bonds may, as provided by resolution of the governing body of the municipality:

(1) be issued in one or more series, bear such date or dates, and mature at such time or times, not exceeding the period of usefulness of the enterprise, as determined by the governing body in its discretion, and, in any event, not exceeding 40 years from their respective dates;

(2) bear interest at such rate or rates not exceeding the maximum rate of interest borne by the notes, bonds, or other obligations refinanced thereby, except that refunding bonds may bear interest in excess of the rate on the refunded bonds if the issuance of the refunding bonds, including the total costs of refunding the bonds, results in a reduction of total debt service cost to the municipality;

(3) be in such denomination or denominations and be in such form, either coupon or registered;

(4) carry such registration and conversion privileges;

(5) be executed in such manner;

(6) be payable in such medium of payment and at such place or places;

(7) be subject to such terms of redemption, with or without a premium;

(8) be declared or become due before the maturity date thereof;

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

(10) be authenticated in such manner and upon compliance with such conditions; and

(11) contain such other terms and covenants.
Mont. Code Ann. § 7-34-2503 — MT Code / Title 7 / Chapter 34 / Part 25 / Section 7-34-2503
7-34-2503 Contract for joint institution
Status: in_force

7-34-2503 . Contract for joint institution. The contract creating the joint institution shall provide:

(1) the total proposed expenditure for the construction, purchase, or lease of the joint institution and the proposed cost of equipping and operating the joint institution;

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

(3) that the management of the joint institution shall have such powers as will be necessary to accomplish the purpose of this part.
Mont. Code Ann. § 7-3-4452 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4452
7-3-4452 Grant to operate public utility
Status: reserved

7-3-4452 . Grant to operate public utility. (1) The commission shall, in any ordinance granting or renewing any grant to construct and operate a public utility, prescribe the manner in which the streets and public grounds shall be used and occupied.

(2) The commission may by ordinance grant to any individual, company, or corporation operating a public utility the right to extend the appliances and service of such utility outside of the territory as designated by the franchise, subject to petition and referendum as hereinbefore stated. All such extensions shall become part of the aggregate property of the utility and shall be subject to all the obligations and reserved rights in favor of the municipality applicable to the property of the utility by virtue of the ordinance providing for its construction and operation. The right to use and maintain any such extension shall expire with the original grant of the utility to which the extension was made or any renewal thereof.

(3) No consent of the owner of property abutting on any highway or public ground shall be required for the construction, extension, and maintenance or operation of any public utility by original grant or renewal unless such public utility is of such character that its construction or operation is an additional burden upon the rights of the property owners in such highways or public grounds.
Mont. Code Ann. § 7-12-4336 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4336
7-12-4336 Effect of mistake as to property ownership
Status: in_force

7-12-4336 . Effect of mistake as to property ownership. When, under any of the provisions of this part, special taxes and assessments are assessed against any lot or parcel of land as the property of a particular person, no misnomer of the owner or supposed owner or other mistake relating to the ownership thereof shall affect such assessment or render it void or voidable.
Mont. Code Ann. § 7-12-4114 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4114
7-12-4114 Resolution creating special improvement district
Status: in_force

7-12-4114 . Resolution creating special improvement district. (1) The council may order proposed improvements after:

(a) no protests have been delivered to the clerk of the city council within the time prescribed in 7-12-4110 after the date of the first publication of the notice of the passing of the resolution of intention;

(b) a protest has been found to be insufficient or has been overruled;

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

(d) a resolution creating the district following receipt of a petition as provided in 7-12-4102 (3) has been passed.

(2) Before ordering any of the proposed improvements, the council shall pass a resolution creating the special improvement district in accordance with the resolution of intention introduced and passed by the council.
Mont. Code Ann. § 7-5-2107 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2107
7-5-2107 Employment of personnel by county commissioners
Status: in_force

7-5-2107 . Employment of personnel by county commissioners. The board of county commissioners may employ such persons as it deems necessary to assist the board in the performance of its duties. Each board may adopt a resolution defining the qualifications, duties, salary, and responsibilities of such persons. Such persons may be paid monthly, twice monthly, or every 2 weeks.
Mont. Code Ann. § 7-1-4124 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4124
7-1-4124 Powers
Status: in_force

7-1-4124 . Powers. A municipality with general powers has the power, subject to the provisions of state law, to:

(1) enact ordinances and resolutions;

(2) except as provided in 7-5-103 (2)(d)(iv) and 7-5-121 (2)(c)(iv), sue and be sued;

(3) buy, sell, mortgage, rent, lease, hold, manage, or dispose of any interest in real or personal property;

(4) contract with persons, corporations, or any other governmental entity;

(5) pay debts and expenses;

(6) borrow money;

(7) solicit and accept bequests, donations, or grants of money, property, services, or other advantages and comply with any condition that is not contrary to the public interest;

(8) execute documents necessary to receive money, property, services, or other advantages from the state government, the federal government, or any other source;

(9) make grants and loans of money, property, and services for public purposes;

(10) require the attendance of witnesses and production of documents relevant to matters being considered by the governing body;

(11) hire, direct, and discharge employees and appoint and remove members of boards;

(12) ratify any action of the municipality or its officers or employees that could have been approved in advance;

(13) have a corporate seal and flag;

(14) acquire by eminent domain, as provided in Title 70, chapter 30, any interest in property for a public use authorized by law;

(15) initiate a civil action to restrain or enjoin violation of an ordinance;

(16) enter private property, obtaining warrants when necessary, for the purpose of enforcing ordinances that affect the general welfare and public safety;

(17) conduct a census;

(18) conduct inventories of public property and preparatory studies;

(19) condemn and demolish hazardous structures;

(20) purchase insurance and establish self-insurance plans;

(21) impound animals and other private property creating a nuisance or obstructing a street or highway;

(22) establish quarantines;

(23) classify all violations of city ordinances as civil infractions, with civil penalties, as provided in 7-1-4150 ;

(24) exercise powers not inconsistent with law necessary for effective administration of authorized services and functions; and

(25) prohibit or otherwise regulate:

(a) temporarily or permanently storing personal property on municipal real property; and

(b) sleeping or camping on or otherwise inhabiting municipal real property.
Mont. Code Ann. § 7-3-437 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-437
7-3-437 Surveyor
Status: in_force

7-3-437 . Surveyor. A surveyor:

(1) may be elected;

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

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

(4) may be selected as provided by ordinance;

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

(6) may not be included in this form as a separate office.
Mont. Code Ann. § 7-22-2116 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2116
7-22-2116 Unlawful to permit noxious weeds to propagate -- notice required in sale
Status: in_force

7-22-2116 . Unlawful to permit noxious weeds to propagate -- notice required in sale. (1) It is unlawful for any person to permit any noxious weed to propagate or go to seed on the person's land, except that any person who adheres to the noxious weed management program of the person's weed management district or who has entered into and is in compliance with a noxious weed management agreement is considered to be in compliance with this section.

(2) When property is offered for sale, the person who owns the property shall notify the owner's agent and the purchaser of:

(a) the existence of noxious weed infestations on the property offered for sale; and

(b) the existence of a noxious weed management program or a noxious weed management agreement as provided in subsection (1).
Mont. Code Ann. § 7-3-4443 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4443
7-3-4443 Utility connections
Status: in_force

7-3-4443 . Utility connections. (1) The director of public service may compel the making of sewer, water, gas, and other connections whenever, in view of the contemplated street improvements or as a sanitary regulation, sewer, water, gas, or other connections should in the director's judgment be constructed.

(2) The director shall cause written notice of the determination to be given to the owner of each lot or parcel of land to which connections are to be made. The notice must state the number and character of connections required. The notice must be served by a person designated by the director of public service, in the manner provided for the service of summons in civil actions. Nonresidents of the municipality or persons who cannot be found may be served by one publication of the notice in a daily newspaper of general circulation in the municipality if there is a newspaper and, if not, by one publication in a weekly newspaper. The notice must state the time within which the connections must be constructed, and if they are not constructed within the time, the work may be done by the municipality and the cost of the connections, together with a penalty of 5%, assessed against the lots and lands for which the connections are made. However, the city commission may in its discretion order and direct that the cost of making any connection by the municipality may be assessed without penalty and may be paid in annual installments over a period of not to exceed 8 years, together with interest on the cost at a rate not to exceed 6% a year payable annually on the deferred payments. The assessments must be certified and collected as other assessments for street improvements. The actual work of making the connections must be done under regulations that are provided for by ordinance.
Mont. Code Ann. § 7-4-4513 — MT Code / Title 7 / Chapter 4 / Part 45 / Section 7-4-4513
7-4-4513 Town ordinance book
Status: in_force

7-4-4513 . Town ordinance book. The book required by 7-4-4511 (2) is called "The Ordinance Book".
Mont. Code Ann. § 7-2-4916 — MT Code / Title 7 / Chapter 2 / Part 49 / Section 7-2-4916
7-2-4916 Payment of debts and collection of receivables of disincorporated municipality
Status: in_force

7-2-4916 . Payment of debts and collection of receivables of disincorporated municipality. (1) The board of county commissioners of the county succeeding the disincorporated city or town shall provide for:

(a) the payment and discharge in good faith of all the indebtedness and obligations according to the tenor of the contract or indenture agreement by which they were contracted or the indebtedness incurred; and

(b) the collection of any indebtedness due the city or town.

(2) All instruments for the repayment of indebtedness are drawn by order of the board on the fund provided in 7-2-4912 .
Mont. Code Ann. § 7-15-4322 — MT Code / Title 7 / Chapter 15 / Part 43 / Section 7-15-4322
7-15-4322 Details relating to urban renewal bonds
Status: in_force

7-15-4322 . Details relating to urban renewal bonds. (1) Bonds issued under 7-15-4301 may be issued in one or more series and must bear a date or dates, be payable upon demand or mature at a time or times, bear interest as provided in 17-5-102 , be in denomination or denominations, be in either coupon or registered form, carry conversion or registration privileges, have rank or priority, be executed in a manner, be payable in a medium of payment at a place or places, be subject to terms of redemption with or without premium, be secured in a manner, and have other characteristics as may be provided by the resolution, ordinance, or trust indenture or a mortgage authorized pursuant to the resolution, ordinance, or trust indenture.

(2) (a) The bonds may be sold at not less than 97% of par, at public or private sale or may be exchanged for other bonds on the basis of par.

(b) The bonds may be sold to the federal government at private sale at not less than par, and if less than all of the authorized principal amount of the bonds is sold to the federal government, the balance may be sold at public or private sale at not less than 97% of par at an interest cost to the local government or municipality of not to exceed the interest cost of the portion of the bonds sold to the federal government.
Mont. Code Ann. § 7-14-2807 — MT Code / Title 7 / Chapter 14 / Part 28 / Section 7-14-2807
7-14-2807 Tax levy for public ferry -- combined ferry and bridge fund
Status: in_force

7-14-2807 . Tax levy for public ferry -- combined ferry and bridge fund. (1) Subject to 15-10-420 , if a county owns or operates a public ferry, the board of county commissioners may levy a tax on the taxable value of all taxable property of the county for the purpose of constructing, maintaining, and repairing public ferries.

(2) The board may combine the revenue from the tax authorized in this section with revenue from taxes to support bridges as provided in 7-14-2502 .
Mont. Code Ann. § 7-32-4115 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4115
7-32-4115 Exemptions of members of police force
Status: in_force

7-32-4115 . Exemptions of members of police force. No member of the police force shall be liable to military or jury duty or to arrest on civil process while actually on duty.
Mont. Code Ann. § 7-2-4511 — MT Code / Title 7 / Chapter 2 / Part 45 / Section 7-2-4511
7-2-4511 When land conclusively presumed to be annexed
Status: in_force

7-2-4511 . When land conclusively presumed to be annexed. A tract or parcel of land that has been shown on municipal maps or plats as being within municipal boundaries but is later found to have been improperly or unofficially annexed is conclusively presumed to be annexed and may be so recorded if municipal taxes have been paid on the tract or parcel without protest for a period of 7 years.
Mont. Code Ann. § 7-13-4203 — MT Code / Title 7 / Chapter 13 / Part 42 / Section 7-13-4203
7-13-4203 Financing of public sewers
Status: in_force

7-13-4203 . Financing of public sewers. (1) To defray the cost of such public sewers, the city or town council may appropriate moneys therefor from the general or sewer fund or by availing itself of money derived from a bond issue authorized by the constitution and laws of the state.

(2) It is further provided that when a public or main sewer also serves as a district sewer, the city council may assess the property bordering or abutting upon such public sewer, either at the time of its construction or at any future time, for an amount equal to the estimated cost of such district sewer capable of accommodating such property.
Mont. Code Ann. § 7-7-4236 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4236
7-7-4236 Resolution to sell bonds pursuant to public sale
Status: in_force

7-7-4236 . Resolution to sell bonds pursuant to public sale. (1) If issuing of bonds has been approved as provided in 7-7-4235 and the city or town council conducts a public sale, the city or town council shall pass a resolution calling for the sale of the bonds.

(2) The resolution calling for the sale of the bonds must state:

(a) the purpose for which the bonds are to be issued;

(b) the amount of the bonds to be issued;

(c) the minimum purchase price of the bonds;

(d) the date that the bonds will bear;

(e) the period of time through which the bonds are payable;

(f) the optional redemption provisions, if any;

(g) that a bond may be redeemed in full, at the option of the city or town, on any interest payment date after expiration of one-half of the term for which the bond was issued; and

(h) a form of notice of the sale of the bonds.

(3) The resolution must, except in a bond issue of citizen bonds, fix the denomination of serial bonds in case it is found advantageous to issue bonds in that form. The council may in its discretion provide that the bonds may be issued and sold in two or more series or installments.

(4) The city or town council may fix the minimum price for the bonds in an amount not less than 97% of the face value if the city or town council determines that the sale is in the best interests of the city or town.
Mont. Code Ann. § 7-15-4455 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4455
7-15-4455 Housing projects subject to planning, zoning, and building laws
Status: in_force

7-15-4455 . Housing projects subject to planning, zoning, and building laws. All housing projects of an authority shall be subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the housing project is situated.
Mont. Code Ann. § 7-13-2259 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2259
7-13-2259 Manner of making appointments
Status: in_force

7-13-2259 . Manner of making appointments. The mode of appointment of a director, including the appointment of a nonvoting ex officio board member, by a mayor or by a board of county commissioners must be by certificate of appointment signed by the mayor or issued by the board of county commissioners and transmitted to the board of directors of the district.
Mont. Code Ann. § 7-3-4361 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4361
7-3-4361 Appointment of city manager
Status: in_force

7-3-4361 . Appointment of city manager. The commission shall appoint a city manager. The manager must be appointed without regard to political beliefs and may or may not be a resident of the municipality when appointed. The manager holds office at the will of the commission.
Mont. Code Ann. § 7-7-4208 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4208
7-7-4208 Types of general obligation bonds
Status: in_force

7-7-4208 . Types of general obligation bonds. (1) Except as provided in subsection (2), bonds issued by any city or town must be either amortization bonds or serial bonds.

(2) Citizen bonds may be amortization bonds, serial bonds, term bonds, capital appreciation bonds, or zero-coupon bonds, without preference for amortization bonds.
Mont. Code Ann. § 7-34-2151 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2151
7-34-2151 Annexation of land to hospital district
Status: in_force

7-34-2151 . Annexation of land to hospital district. The boundaries of any such public hospital district may be altered and outlying districts may be annexed from territory contiguous thereto in the following manner.
Mont. Code Ann. § 7-21-2115 — MT Code / Title 7 / Chapter 21 / Part 21 / Section 7-21-2115
7-21-2115 Liability of county treasurer for licensing violations
Status: in_force

7-21-2115 . Liability of county treasurer for licensing violations. Upon notification of the treasurer as provided in 7-21-2114 , the treasurer is personally liable for the license or increase unless the treasurer promptly proceeds under 7-21-2104 or 7-21-2116 to collect the license fee.
Mont. Code Ann. § 7-14-2606 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2606
7-14-2606 Survey of road
Status: in_force

7-14-2606 . Survey of road. (1) The board may order the county surveyor or, if the county surveyor is not a professional land surveyor, some other professional land surveyor to survey and plat the road. The surveyor shall file the surveyor's field notes with the county clerk and recorder.

(2) As used in this section, "professional land surveyor" has the meaning provided in 37-67-101 .
Mont. Code Ann. § 7-3-311 — MT Code / Title 7 / Chapter 3 / Part 3 / Section 7-3-311
7-3-311 Structural suboptions
Status: in_force

7-3-311 . 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 7-3-312 through 7-3-318 .
Mont. Code Ann. § 7-3-1103 — MT Code / Title 7 / Chapter 3 / Part 11 / Section 7-3-1103
7-3-1103 Effect of consolidation
Status: in_force

7-3-1103 . Effect of consolidation. (1) As a political subdivision of the state, such consolidated unit of local government shall have the status of a county and an incorporated municipality for all purposes and shall replace and be the successor of the county and any city or town.

(2) On its effective date, the alternative form of government and consolidation plan operate to dissolve all local governments within the area of consolidation in accordance with their provisions. On the effective date, the separate corporate existence of the county and of each participating city and/or town shall be consolidated and merged into one local government unit under the name selected, designated, and adopted as provided in this chapter. The consolidated local government shall thereupon succeed to, possess, and own all of the property and assets of every kind and description and shall, except as otherwise provided, become responsible for all of the obligations and liabilities of the county, cities, and towns so consolidated and merged.

(3) All provisions of law authorizing contributions of any kind, in money or otherwise, from the state or federal government to counties and cities shall remain in full force with respect to a consolidated local government.
Mont. Code Ann. § 7-11-1024 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1024
7-11-1024 Financing for special district
Status: in_force

7-11-1024 . Financing for special district. (1) The governing body shall make assessments or impose fees for the costs and expenses of the special district based upon a budget proposed by the governing body or separate board administering the district pursuant to 7-11-1021 .

(2) For the purposes of this section, "assessable area" means the portion of a lot or parcel of land that is benefited by the special district. The assessable area may be less than but may not exceed the actual area of the lot or parcel.

(3) The governing body shall assess the percentage of the cost of the program or improvements:

(a) against the entire district as follows:

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

(ii) if the governing body determines that the benefits derived from the program or improvements by each lot or parcel are substantially equivalent, the cost may be assessed equally to each lot or parcel located within the special district without regard to the assessable area of the lot or parcel;

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

(iv) each lot or parcel of land may be assessed based on the lineal front footage of any part of the lot or parcel that is in the district and abuts the area to be improved or maintained;

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

(vi) each lot or parcel of land within the district may be assessed based on each family residential unit or one or more business units; or

(vii) any combination of the assessment options provided in subsections (3)(a)(i) through (3)(a)(vi) may be used for the special district as a whole; or

(b) based upon the character, kind, and quality of service for a residential or commercial unit, taking into consideration:

(i) the nature of the property or entity assessed;

(ii) a calculated basis for the program or service, including volume or weight;

(iii) the cost, incentives, or penalties applicable to the program or service practices; or

(iv) any combination of these factors.

(4) If property created as a condominium is subject to assessment, each unit within the condominium is considered a separate parcel of real property subject to separate assessment and the lien of the assessment. Each unit must be assessed for the unit's percentage of undivided interest in the common elements of the condominium. The percentage of the undivided ownership interest must be as set forth in the condominium declaration.

(5) A governing body may, by resolution, instruct the state or any applicable federal agency to designate a special district as the recipient of federal funds to be used for the costs and expenses of the special district.
Mont. Code Ann. § 7-31-2101 — MT Code / Title 7 / Chapter 31 / Part 21 / Section 7-31-2101
7-31-2101 Authorization to transfer funds for emergency relief
Status: in_force

7-31-2101 . Authorization to transfer funds for emergency relief. Whenever the governor issues a proclamation declaring that an emergency exists in any county requiring the relief of suffering of the inhabitants caused by famine, destitution, conflagration, or other public calamity, the board of county commissioners of the county may transfer to the proper fund to be used for purposes of relief any money in any other fund or funds of the county, but money belonging to any bond sinking or interest fund or any school fund may not be transferred. The governor shall in the proclamation state the facts upon which the emergency is declared and shall specifically limit the time during which the transfers may be made.
Mont. Code Ann. § 7-14-1625 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1625
7-14-1625 Railroad acquisition and operation -- permits -- eminent domain
Status: in_force

7-14-1625 . Railroad acquisition and operation -- permits -- eminent domain. (1) Within the boundaries of the authority, the authority may establish, acquire, construct, purchase, improve, maintain, equip, operate, regulate, and protect railroads and railroad facilities, including but not limited to terminal buildings, roadways, crossings, bridges, causeways, tunnels, equipment, and rolling stock, that may be necessary to carry out the provisions of this part.

(2) The authority may apply to a public agency for permits and approvals required for the acquisition and operation of a railroad and take all actions necessary to comply with conditions required in a permit or approval.

(3) The authority may acquire property for a public use, as provided in Title 70, chapter 30, in the same manner as a county, except that the authority does not have the power of eminent domain with respect to property owned by another authority or by a political subdivision or property owned by a railroad corporation unless the interstate commerce commission or another entity with the power to make the finding has found that the public convenience and necessity permit discontinuance of rail service on the property.
Mont. Code Ann. § 7-35-2143 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2143
7-35-2143 Recording of instruments of appointment of trustees of fund
Status: in_force

7-35-2143 . Recording of instruments of appointment of trustees of fund. All instruments of appointment of a trustee or of a board of trustees of such funds shall be recorded with the secretary of the public cemetery district establishing the fund and shall also be filed in the office of the clerk of the district court in the county in which such public cemetery district is located.
Mont. Code Ann. § 7-2-4810 — MT Code / Title 7 / Chapter 2 / Part 48 / Section 7-2-4810
7-2-4810 Jurisdiction of municipality to levy tax to pay existing indebtedness
Status: in_force

7-2-4810 . Jurisdiction of municipality to levy tax to pay existing indebtedness. For the purpose of levying any tax or assessment necessary for the collection of any of the indebtedness specified in 7-2-4809 , the territory so excluded shall be and remain under the jurisdiction of such city or town.
Mont. Code Ann. § 7-7-2205 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2205
7-7-2205 Nature of general obligation bonds
Status: in_force

7-7-2205 . Nature of general obligation bonds. All bonds issued under the provisions of this part shall be legal and valid obligations of the county issuing the same, and the full faith and credit of such county are hereby irrevocably pledged for the prompt payment of both principal and interest thereof as the same become due.
Mont. Code Ann. § 7-32-301 — MT Code / Title 7 / Chapter 32 / Part 3 / Section 7-32-301
7-32-301 Residency requirements
Status: in_force

7-32-301 . Residency requirements. A sheriff of a county, mayor of a city, or other person authorized by law to appoint special deputies, marshals, or police officers in this state to preserve the public peace and prevent or quell public disturbance may not appoint as a special deputy, marshal, or police officer any person who has not resided continuously in this state for a period of at least 1 year and in the county where the appointment is made for a period of at least 6 months prior to the date of appointment.
Mont. Code Ann. § 7-3-4261 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4261
7-3-4261 Conduct of civil service commission business
Status: in_force

7-3-4261 . Conduct of civil service commission business. Said commissioners shall make an annual report to the council, and it may require a special report from said commissioners at any time. Said council may prescribe such rules for the proper conduct of the business of the commission as shall be found expedient and advisable, including restrictions on appointment, promotions, removals for cause, roster of employees, certificates of records to the auditors, and payment to persons improperly employed.
Mont. Code Ann. § 7-2-2703 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2703
7-2-2703 Processing of petition -- certification to county commissioners
Status: in_force

7-2-2703 . Processing of petition -- certification to county commissioners. (1) It is the duty of the election administrator, within 30 days after the filing of the petition, to examine it and to ascertain and determine from the registration records of the county whether the petition is signed by the required number of registered electors. The election administrator may be authorized by the board of county commissioners to employ additional help in the administrator's office to assist in the work of examining the petition, and the board shall provide for their compensation.

(2) When the examination is completed, the election administrator shall attach to the petition the administrator's certificate, properly dated and signed, showing the result of the examination. If the certificate shows that the petition is signed by the required number of registered electors, the election administrator shall present the petition to the board at its first regular meeting after the date of the certificate.
Mont. Code Ann. § 7-4-2706 — MT Code / Title 7 / Chapter 4 / Part 27 / Section 7-4-2706
7-4-2706 County attorney to be full or part time -- resolution
Status: in_force

7-4-2706 . County attorney to be full or part time -- resolution. (1) (a) In a county with a population of less than 30,000, the county commissioners may, with the consent of the county attorney, by resolution effective July 1 of any year, establish the office of county attorney as a full-time or part-time position.

(b) A copy of a resolution adopted under subsection (1)(a) must be provided to the department of justice.

(2) In a county with a population of 30,000 or more, the office of county attorney must be a full-time position.
Mont. Code Ann. § 7-12-4153 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4153
7-12-4153 Purchase of existing improvement
Status: in_force

7-12-4153 . Purchase of existing improvement. If the proposed improvement consists of the purchase of an existing improvement, the city council may, after the creation of the special improvement district and after ordering the proposed improvement, enter into a contract for the purchase of the improvement, upon such terms as it considers just, without advertising for bids or proposals. However, the total purchase price of the existing improvement may not exceed the amount set forth in the notice required by 7-12-4106 .
Mont. Code Ann. § 7-13-105 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-105
7-13-105 Concurrence required for further proceedings
Status: in_force

7-13-105 . Concurrence required for further proceedings. If the city or town council does not concur in the resolution of the board of county commissioners, the board shall have no authority to proceed further with the creation of the district.
Mont. Code Ann. § 7-2-4405 — MT Code / Title 7 / Chapter 2 / Part 44 / Section 7-2-4405
7-2-4405 Notice of resolution -- protest period
Status: in_force

7-2-4405 . Notice of resolution -- protest period. The clerk of the municipality shall forthwith cause to be published in the newspaper nearest such land, at least once a week for 2 successive weeks, a notice that such resolution has been duly and regularly passed and that for a period of 20 days after the first publication of such notice, such clerk will receive expressions of approval or disapproval, in writing, of the proposed alterations of the boundaries of the municipality. Said notice shall also state the time and place set for the public hearing on the proposed annexation.
Mont. Code Ann. § 7-1-4113 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4113
7-1-4113 Basis of classification
Status: in_force

7-1-4113 . Basis of classification. The census taken under the direction of the congress of the United States in 1890 and every 10 years thereafter shall be the basis upon which the respective populations of said municipal corporations shall be determined, unless a direct enumeration of the inhabitants thereof be made by the state or municipal corporation, in which case such direct enumeration constitutes such basis.
Mont. Code Ann. § 7-12-4337 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4337
7-12-4337 Incorporation of procedures to correct errors and omissions
Status: in_force

7-12-4337 . Incorporation of procedures to correct errors and omissions. All remedies, provisions, and means provided by existing laws or by the ordinances of any city availing itself of the provisions of this part which are for the correction of errors or omissions in the adoption of any resolution or proceeding or in the levy of any assessment or for the collection thereof, for the enforcement of any such levy by the sale of the property against which the assessment is made, or for the redemption of the property from such sale or which are otherwise applicable to the administration of this part are available in the administration of this part as if such remedies, provisions, and means were contained in this part.
Mont. Code Ann. § 7-12-1111 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1111
7-12-1111 Establishment or expansion of district
Status: in_force

7-12-1111 . Establishment or expansion of district. (1) Upon receipt of a petition signed by the owners of more than 60% of the area of the property proposed in the petition to be included in a district or in the expansion of a district, a governing body shall establish a district or expand a district as provided in this part.

(2) The boundaries of a district must comply with applicable zoning regulations.

(3) The district may not include areas that are zoned primarily as residential areas.

(4) (a) A district may be composed of noncontiguous areas if the properties in a district have a common purpose of providing overnight stays at lodging facilities.

(b) The boundaries of a district with noncontiguous areas must encompass all properties in the district with the same identified purpose.
Mont. Code Ann. § 7-12-4406 — MT Code / Title 7 / Chapter 12 / Part 44 / Section 7-12-4406
7-12-4406 Notice of ordinance for improvements
Status: in_force

7-12-4406 . Notice of ordinance for improvements. The city or town clerk must give notice of the introduction of the proposed ordinance and of the time it will be up for final adoption. The notice must be published as provided in 7-1-4127 .
Mont. Code Ann. § 7-13-107 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-107
7-13-107 Notice of resolution of intention upon concurrence -- hearing
Status: in_force

7-13-107 . Notice of resolution of intention upon concurrence -- hearing. (1) If the city or town council concurs in the resolution of the board of county commissioners, the board shall give notice of the passage of its resolution of intention and of the concurrence in the resolution by the city or town council.

(2) The notice must be published as provided in 7-1-2121 . A copy of the notice must be mailed to every person, firm, or corporation or the agent of the person, firm, or corporation owning property within the proposed district, at the last-known place of residence, on the same day the notice is first published.

(3) The notice must describe the general character of the improvement or improvements proposed to be made, state the estimated cost, and designate the time when and the place where the board will hear and pass upon all protests that may be made against the making or maintenance of the improvements or the creation of the district. The notice must refer to the resolution on file in the office of the county clerk for the description of the boundaries.
Mont. Code Ann. § 7-33-2209 — MT Code / Title 7 / Chapter 33 / Part 22 / Section 7-33-2209
7-33-2209 Finance of fire control activities -- voted levy for volunteer firefighters' disability income insurance or workers' compensation coverage
Status: in_force

7-33-2209 . Finance of fire control activities -- voted levy for volunteer firefighters' disability income insurance or workers' compensation coverage. (1) The county governing body may appropriate funds for the purchase, care, and maintenance of firefighting equipment or for the payment of wages in prevention, detection, and suppression of fires.

(2) Subject to 15-10-420 , if the general fund is budgeted to the full limit, the county governing body may, at any time fixed by law for levy and assessment of taxes, levy a tax for the purposes of subsection (1).

(3) Subject to 15-10-425 , the county governing body may levy a tax for the purpose of purchasing disability income insurance coverage or workers' compensation coverage for volunteer firefighters of volunteer rural fire control crews and county volunteer fire companies as provided in 7-6-621 .
Mont. Code Ann. § 7-5-2145 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2145
7-5-2145 Attendance at meetings and conventions by county officers and employees
Status: in_force

7-5-2145 . Attendance at meetings and conventions by county officers and employees. (1) Unless otherwise provided by law, a county officer or employee may not receive payment from any public funds for traveling expenses or other expenses of any sort for attendance at any convention, meeting, or other gathering of public officers except for attendance at a convention, meeting, or other gathering as the officer or employee may by virtue of the office find it necessary to attend.

(2) Any member of the board of county commissioners is allowed actual transportation expenses and per diem for attendance at any general meeting of county commissioners or assessors held within the state, and the proportionate expenses and charges against each county as a member of the association must also be paid.

(3) County attorneys, sheriffs, assessors, and justices of the peace may attend their respective meetings or conventions held within the state and are allowed actual traveling expenses for attending the meeting or convention of their peers.

(4) Any county officer paid on a per-day basis for performance of official duties is allowed the per-day rate of pay for attendance at any convention, meeting, or other gathering of public officers that the officer may by virtue of the office find it necessary to attend.
Mont. Code Ann. § 7-35-2146 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2146
7-35-2146 Administration of permanent care and improvement fund
Status: in_force

7-35-2146 . Administration of permanent care and improvement fund. (1) From and after March 4, 1955, the trustees of such cemetery district as are mentioned in 7-35-2132 shall provide, by resolution spread upon the minutes of such public cemetery district, for the transfer to the trustees of such permanent care and improvement fund of not less than 15% or more than 40% of the money received from the sale of cemetery lots designated as perpetual care lots by said public cemetery district, together with all money theretofore or thereafter received from the owners of lots for the care of such lots. Such transfer of any such funds then on hand shall then and there be made. Such transfers shall be made thereafter quarterly, upon the first day of January, April, July, and October of each year, to the trustees of such fund.

(2) If at any time there shall remain in the hands of such public cemetery district unexpended money over and above the liabilities of the public cemetery district, the board of trustees of such public cemetery district may by a two-thirds vote appropriate the whole or any portion of such unexpended money to such permanent care and improvement fund, provided that such fund (exclusive of such portion thereof as may have been paid in by owners of lots for the care of such lots) shall never in any case be allowed to exceed the sum of $5,000 per acre of the cemetery to be cared for therewith, and when such fund shall reach such amount, all appropriations and payments thereto shall cease.
Mont. Code Ann. § 7-7-2301 — MT Code / Title 7 / Chapter 7 / Part 23 / Section 7-7-2301
7-7-2301 Authority to issue refunding general obligation bonds
Status: in_force

7-7-2301 . Authority to issue refunding general obligation bonds. (1) The board of county commissioners of a county may issue, negotiate, and sell coupon bonds on the credit of the county, as provided in part 22 and this part, for the purpose of refunding, paying, and redeeming optional, redeemable, or maturing bonds when:

(a) there are not sufficient funds available to pay the bonds or there is a reduction in debt service as a result of issuing refunding bonds pursuant to 7-7-2304 ; and

(b) it is considered in the best interests of the county to refund the bonds.

(2) (a) The board has the authority to negotiate with the holders of the bonds of the county for an agreement or agreements whereby the bondholders agree to accept less than the full amount of the bonds and the accrued unpaid interest on the bonds as full payment and satisfaction of the bonds, to enter into the agreement or agreements, and to issue refunding bonds for the amount agreed upon whenever:

(i) the total indebtedness of a county exceeds 0.3% of the total assessed value of taxable property, determined as provided in 15-8-111 , within the county, as ascertained by the last assessment for state and county taxes; and

(ii) the board of county commissioners of the county determines that the county is unable to pay and discharge the indebtedness in full.

(b) These bonds may be issued in more than one series if the circumstances require, and each series may be either amortization bonds or serial bonds. The plan agreed upon between the board and the bondholders must be embodied in full in the resolution providing for the issue of the bonds.
Mont. Code Ann. § 7-3-1344 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1344
7-3-1344 Prior rights of law enforcement officers
Status: in_force

7-3-1344 . Prior rights of law enforcement officers. (1) A police officer employed by any police department established as required by law in any city or town of the county or a deputy sheriff employed by the county sheriff's office prior to the election and qualification of a commission under part 12 and this part has the same job tenure rights as though the election and qualification had not taken place.

(2) A police officer who has vested rights in a police retirement fund shall maintain prior vested rights in the fund upon its transfer to a consolidated county municipality. Any police retirement fund established as required by law in any city or town of the county prior to the election and qualification of a commission under part 12 and this part must be continued as a retirement fund for the police department of the municipality, subject, however, to the prior vested rights of a police officer employed by any police department established as required by law in any city or town of the county prior to the election and qualification of a commission under part 12 and this part.

(3) The board of trustees of the police retirement fund shall consist of the president, the director of finance, the director of law, and two members of the police department from the active list of the police officers of the municipality who must be selected by a majority vote of the members of the police department on the active list of the municipality. The selection must be made between May 1 and May 10 each year, and the active police officer members of the board shall serve overlapping 2-year terms.

(4) Except as provided in this section, the police retirement fund must be continued and administered in the manner prescribed by law for retirement funds established in cities and towns.
Mont. Code Ann. § 7-3-1320 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1320
7-3-1320 Liability for deposited funds
Status: in_force

7-3-1320 . Liability for deposited funds. (1) When the funds of the municipality are deposited and kept in designated banks according to the provisions of this part, the treasurer and the sureties on the treasurer's official bond are exempt from all liability for the loss of any funds deposited if the loss is caused by the failure, bankruptcy, or any other act or default of the banks, but the want of care or due diligence on the part of the treasurer or commission in protecting the municipality against loss does not exempt the treasurer, the members of the commission, or sureties on their respective bonds from liability.

(2) This section may not deprive the municipality of any right or remedy against a defaulting bank or against its officers or stockholders.
Mont. Code Ann. § 7-14-201 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-201
7-14-201 Purpose
Status: in_force

7-14-201 . Purpose. This part authorizes the establishment of urban transportation districts to supply transportation services and facilities to district residents and other persons.
Mont. Code Ann. § 7-7-4505 — MT Code / Title 7 / Chapter 7 / Part 45 / Section 7-7-4505
7-7-4505 Use of excess revenues and pledged reserves
Status: in_force

7-7-4505 . Use of excess revenues and pledged reserves. (1) Revenues and other funds on hand in excess of amounts pledged by ordinances and resolutions authorizing outstanding bonds for the payment of principal and interest currently due thereon and reserves securing such payment may be used to pay the expenses incurred by the municipality for the purpose of such refunding, including without limitation the cost of advertising and printing refunding bonds, legal and financial advice and assistance in connection therewith, and the reasonable and customary charges of escrow agents and paying agents.

(2) Revenues and other funds on hand, including reserves pledged for the payment and security of outstanding revenue bonds, may be deposited in an escrow fund created for the retirement of such bonds and may be invested and disbursed, as provided in 7-7-4504 , to the extent consistent with the ordinances or resolutions authorizing such outstanding bonds.
Mont. Code Ann. § 7-13-4106 — MT Code / Title 7 / Chapter 13 / Part 41 / Section 7-13-4106
7-13-4106 Erection of poles, wires, rods, and cables
Status: in_force

7-13-4106 . Erection of poles, wires, rods, and cables. The city or town council has power to regulate or suppress the erection of poles and the stringing of wires, rods, or cables in the streets or alleys or within the limits of any city or town.
Mont. Code Ann. § 7-15-4101 — MT Code / Title 7 / Chapter 15 / Part 41 / Section 7-15-4101
7-15-4101 Numbering of houses and lots
Status: in_force

7-15-4101 . Numbering of houses and lots. The city or town council has power to regulate the numbering of houses and lots and to change the same.
Mont. Code Ann. § 7-6-621 — MT Code / Title 7 / Chapter 6 / Part 6 / Section 7-6-621
7-6-621 Volunteer firefighters' disability income insurance authorized -- voted levy -- fund
Status: in_force

7-6-621 . Volunteer firefighters' disability income insurance authorized -- voted levy -- fund. (1) Disability income insurance, as defined in 33-1-235 , may be purchased for volunteer firefighters. Disability income insurance purchased under this section is not the same as workers' compensation coverage provided for under 7-33-4510 .

(2) If the voters have approved a levy for the purchase of volunteer firefighters' disability income insurance or workers' compensation coverage, the governing body of a local government entity may establish a volunteer firefighters' disability income insurance account. The governing body may hold money in the account for any time period considered appropriate by the governing body. Money held in the account may not be considered as cash balance for the purpose of reducing mill levies.

(3) Money may be expended from the account to purchase disability income insurance coverage or for workers' compensation coverage for volunteer firefighters organized or deployed pursuant to any of the provisions of Title 7, chapter 33, parts 21 through 24 or 41.

(4) Money in the account must be invested as provided by law. Interest and income from the investment of money in the account must be credited to the account.
Mont. Code Ann. § 7-14-1133 — MT Code / Title 7 / Chapter 14 / Part 11 / Section 7-14-1133
7-14-1133 Bonds and obligations
Status: in_force

7-14-1133 . Bonds and obligations. (1) Except for providing financial support to a private development organization, including a corporation organized under Title 32, chapter 4, whose purpose is to advance the economic development of its jurisdiction and of the state and its citizens, an authority may borrow money for any of its corporate purposes and issue bonds, including refunding bonds, for any of its corporate purposes. The bonds may be in the form and upon terms as it determines, payable out of any revenue of the authority, including revenue derived from:

(a) any port or transportation and storage facility;

(b) taxes levied pursuant to 7-14-1131 or 67-10-402 ;

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

(d) other sources.

(2) The bonds may be issued by resolution of the authority, without an election and without any limitation of amount, except that bonds may not be issued at any time if the total amount of principal and interest to become due in any year on the bonds and on any then-outstanding bonds for which revenue from the same source is pledged exceeds the amount of revenue to be received in that year, as estimated in the resolution authorizing the issuance of the bonds. The authority shall take all action necessary and possible to impose, maintain, and collect rates, charges, and rentals and to request taxes, if any are pledged, sufficient to make the revenue from the pledged source in that year at least equal to the amount of principal and interest due in that year.

(3) The bonds may be sold at public or private sale and may bear interest as provided in 17-5-102 . Except as otherwise provided in this part, any bonds issued pursuant to this part by an authority may be payable as to principal and interest solely from revenue of the authority or from particular port, transportation, storage, or other facilities of the authority. The bonds must state on their face the applicable limitations or restrictions regarding the source from which principal and interest are payable.

(4) Bonds issued by an authority, county, or municipality pursuant to the provisions of this part are declared to be issued for an essential public and governmental purpose by a political subdivision.

(5) (a) For the security of bonds, the authority, county, or municipality may by resolution make and enter into any covenant, agreement, or indenture and may exercise any additional powers authorized to be exercised by a municipality under Title 7, chapter 7, parts 44 and 45. The sums required from time to time to pay principal and interest and to create and maintain a reserve for the bonds may be paid from any revenue referred to in this part, prior to the payment of current costs of operation and maintenance of the facilities.

(b) As further security for the bonds, the authority, with the approval of the governing body of the county or municipality that created the authority, may pledge, lease, sell, mortgage, or grant a security interest in all or any portion of its port, transportation, storage, or other facilities, whether or not the facilities are financed by the bonds. The instrument effecting the pledge, lease, sale, mortgage, or security interest may contain any agreements and provisions customarily contained in instruments securing bonds, as the commissioners of the authority consider advisable. The provisions must be consistent with this part and are subject to and must be in accordance with the laws of this state governing mortgages, trust indentures, security agreements, or instruments. The instrument may provide that in the event of a default in the payment of principal or interest on the bonds or in the performance of any agreement contained in the proceedings authorizing the bonds or instrument, the payment or performance may be enforced by mandamus or by the appointment of a receiver in equity. The receiver may collect charges, rental, or fees and may apply the revenue from the mortgaged property or collateral in accordance with the proceedings or the provisions of the instrument.

(6) Nothing in 7-14-1134 or this section may be construed to limit the use of port authority revenue, including federal and state money as described in 7-14-1136 , to make grants and loans or to otherwise provide financial and other support to private development organizations, including corporations organized under the provisions of the development corporation act in Title 32, chapter 4. The credit of the state, county, or municipal government or their agencies or authorities may not be pledged to provide financial support to the development organizations.
Mont. Code Ann. § 7-1-2123 — MT Code / Title 7 / Chapter 1 / Part 21 / Section 7-1-2123
7-1-2123 Posting
Status: in_force

7-1-2123 . Posting. (1) The governing body shall specify by resolution a public location for posting information and shall order erected a suitable posting board.

(2) When posting is required, a copy of the document must be placed on the posting board, and a copy must be available at the office of the county clerk and recorder.
Mont. Code Ann. § 7-13-4103 — MT Code / Title 7 / Chapter 13 / Part 41 / Section 7-13-4103
7-13-4103 Limitation on indebtedness for acquisition of natural gas system
Status: in_force

7-13-4103 . Limitation on indebtedness for acquisition of natural gas system. The total amount of indebtedness authorized to be contracted in any form, including the then-existing indebtedness, may not at any time exceed 0.92% of the total assessed value of taxable property, determined as provided in 15-8-111 , within the city or town, as ascertained by the last assessment for state and county taxes.
Mont. Code Ann. § 7-5-2111 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2111
7-5-2111 Control of community decay
Status: in_force

7-5-2111 . Control of community decay. (1) The governing body of a county may regulate, control, and prohibit conditions that contribute to community decay on or adjacent to any public roadway within the county by adoption of an ordinance that substantially complies with the provisions of 7-5-103 through 7-5-107 .

(2) An ordinance adopted under subsection (1) may include time limits for removal or shielding of such conditions as considered appropriate by the governing body.

(3) (a) Except as provided in subsection (3)(b), if the governing body of a county allows for community decay complaints to be filed by citizens, complaints must be received by at least three property owners located within one-fourth mile from the property for which the complaint is filed before an officer of the county may conduct a site inspection.

(b) If the governing body of a county determines that a condition is a health violation that may affect the surrounding community, the governing body may proceed to regulate, control, or prohibit the condition without receiving citizen complaints as required in subsection (3)(a).

(4) Nothing in this section restricts the governing body from enacting community decay controls affecting only portions of the county.

(5) Nothing in this section or 7-5-2110 may be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution that is more restrictive than the provisions of this section or 7-5-2110 .

(6) For the purposes of enforcing an ordinance adopted under subsection (1), the county governing body may provide that, after giving due notice, in writing, of violation and upon the failure of the property owner to comply with the ordinance, officers and employees of the county may enter upon the property for the specific purpose of abating the violation of the ordinance and may assess the property owner for the actual costs for the abatement. Nonpayment of such an assessment becomes a lien upon the property and is enforceable in the same manner as the nonpayment of property taxes is enforced.
Mont. Code Ann. § 7-13-4207 — MT Code / Title 7 / Chapter 13 / Part 42 / Section 7-13-4207
7-13-4207 Special fund for sewer rentals
Status: in_force

7-13-4207 . Special fund for sewer rentals. (1) The funds received from the collection of sewer rentals shall be kept as a separate and distinct fund by the city treasurer, subject only to disbursement by order of the council.

(2) This fund shall be used for:

(a) the payment of the cost of management, maintenance, operation, and repair of the sewage system, including treatment and disposal works;

(b) for the creation of a sinking fund for the retirement of any indebtedness; and

(c) for the payment of interest on any such indebtedness.

(3) Any surplus in such fund may be used for the enlargement or replacement of the same and for the payment of the interest on any debt incurred for the construction of such sewage system, including sewage pumping, treatment, and disposal works, and for retiring such debt but shall not be used for the extension of a sewage system to serve unsewered areas or for any purpose other than one or more of those specified above.
Mont. Code Ann. § 7-10-218 — MT Code / Title 7 / Chapter 10 / Part 2 / Section 7-10-218
7-10-218 Liens arising from bonds
Status: in_force

7-10-218 . Liens arising from bonds. The resolution or resolutions authorizing the bonds must specify and define the revenue or portion of the revenue that is appropriated and pledged for the security and payment of the bond principal and interest and the relative security of liens on the revenue in favor of bonds of one or more series or issues, whether issued concurrently or at different times.
Mont. Code Ann. § 7-13-103 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-103
7-13-103 Sufficiency of description in resolution of intention
Status: in_force

7-13-103 . Sufficiency of description in resolution of intention. In all resolutions, notices, orders, and determinations subsequent to the resolution of intention and notice of improvements, it shall be sufficient to briefly describe the work or the metropolitan sanitary and/or storm sewer district, or both, and to refer to the resolution of intention for further particulars.
Mont. Code Ann. § 7-11-307 — MT Code / Title 7 / Chapter 11 / Part 3 / Section 7-11-307
7-11-307 Election on service consolidation or transfer
Status: in_force

7-11-307 . Election on service consolidation or transfer. (1) The governing bodies of each local government affected by a proposed service consolidation or transfer shall jointly call a special election on the question of service consolidation or transfer, to be held in conjunction with a regular or primary election. The county election administrator shall prepare and print notices of the special election.

(2) The cost of the election must be shared by the affected local governments in proportionate shares as agreed to by the governing bodies of the local governments.