Mont. Code Ann. § 7-31-4201 — MT Code / Title 7 / Chapter 31 / Part 42 / Section 7-31-4201
7-31-4201 Findings and purpose
Status: in_force

7-31-4201 . Findings and purpose. (1) The legislature declares that the control of ditchwater in inhabited areas of Montana is affected with the public interest.

(2) The purpose of this part is to prevent drowning of children in ditches filled or partially filled with water within the limits of an incorporated city or town.
Mont. Code Ann. § 7-15-4465 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4465
7-15-4465 Payments by housing authorities to local and state bodies
Status: in_force

7-15-4465 . Payments by housing authorities to local and state bodies. Notwithstanding any limitations in this or any other law, any housing authority may agree to make such payments to the county, city, or municipality, the state or any political subdivision or agency thereof (which payments such bodies are hereby authorized to accept) as the authority finds consistent with the maintenance of the low-rent character of housing projects or the achievement of the purposes of this housing authorities law.
Mont. Code Ann. § 7-8-2232 — MT Code / Title 7 / Chapter 8 / Part 22 / Section 7-8-2232
7-8-2232 Distribution of lease revenue
Status: in_force

7-8-2232 . Distribution of lease revenue. (1) All revenue derived from leases authorized by 7-8-2231 , except as otherwise provided, must be paid to the county treasurer and may be deposited in the county general fund.

(2) The revenue described in subsection (1) may be used for any county purpose, including maintaining or preserving leased property.
Mont. Code Ann. § 7-16-4103 — MT Code / Title 7 / Chapter 16 / Part 41 / Section 7-16-4103
7-16-4103 Authorization to establish various cultural, social, and recreational facilities
Status: in_force

7-16-4103 . Authorization to establish various cultural, social, and recreational facilities. (1) All cities or towns incorporated under the laws of the state of Montana, in addition to other powers conferred upon them, may in their discretion procure, construct, establish, maintain, and operate swimming pools, skating rinks, playgrounds, civic centers, youth centers, and museums and defray the cost and expense of procuring, constructing, establishing, equipping, maintaining, and operating the same from the funds of said city or town raised for such purposes.

(2) Power and authority is hereby granted to the city or town council of all cities and towns incorporated under the laws of Montana to make and pass all bylaws, ordinances, resolutions, rules, and orders necessary for the procurement, establishment, equipment, maintenance, regulation, and operation of swimming pools, skating rinks, playgrounds, civic centers, youth centers, museums, and combinations thereof, including the power to establish by ordinance a reasonable and uniform charge for the privilege of using the same.

(3) Said city or town council is further authorized in its discretion to place any or all of said institutions under the control and management of the board of park commissioners.
Mont. Code Ann. § 7-3-1104 — MT Code / Title 7 / Chapter 3 / Part 11 / Section 7-3-1104
7-3-1104 General powers of consolidated local governments
Status: in_force

7-3-1104 . General powers of consolidated local governments. A consolidated local government has and may exercise all powers that are conferred on counties, cities, or towns by the constitution and laws of the state. Subject to 15-10-420 , the consolidated local government may levy all taxes that counties, cities, and towns are authorized to levy.
Mont. Code Ann. § 7-7-4424 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4424
7-7-4424 Undertakings to be self-supporting
Status: in_force

7-7-4424 . Undertakings to be self-supporting. (1) (a) Except as provided in subsections (1)(b) and (1)(c), the governing body of a municipality issuing bonds pursuant to this part shall prescribe and collect reasonable rates, fees, or charges for the services, facilities, and commodities of the undertaking and shall revise the rates, fees, or charges from time to time whenever necessary so that the undertaking is and remains self-supporting.

(b) The property taxes specifically authorized to be levied for the general purpose served by an undertaking or resort taxes approved, levied, and appropriated to an undertaking in compliance with 7-6-1501 through 7-6-1509 constitute revenue of the undertaking and may not result in an undertaking being considered not self-supporting.

(c) Revenue from assessments and fees enacted by local ordinance constitutes revenue of the undertaking and may not result in an undertaking being considered not self-supporting.

(2) The rates, fees, or charges prescribed, along with any appropriated property or resort tax collections, must produce revenue at least sufficient to:

(a) pay when due all bonds and interest on the bonds for the payment of which the revenue has been pledged, charged, or otherwise encumbered, including reserves for the bonds; and

(b) provide for all expenses of operation and maintenance of the undertaking, including reserves.
Mont. Code Ann. § 7-14-4616 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4616
7-14-4616 Termination of parking commission due to inaction -- windup of commission affairs
Status: in_force

7-14-4616 . Termination of parking commission due to inaction -- windup of commission affairs. (1) After the lapse of 4 years from the date of adoption of a resolution declaring the need for a parking commission to function in a city, if such commission shall not have acquired or entered into possession of land for a parking facility or issued bonds, the legislative body of such city may by resolution declare that there is no need for such commission in the community. Thereupon the offices of the members of the commission shall become vacant and the capacity of the commission to transact business or exercise any powers shall be suspended and shall remain suspended until the legislative body thereafter adopts a resolution declaring the need for the commission to function.

(2) After adoption of a resolution declaring there is no need for such commission to function or while any such resolution is in effect, the legislative body of a city shall have power to wind up the affairs of the commission and shall have title to all property of the commission for the purpose of offstreet parking only, to be leased to and operated by companies, individuals, or corporations.
Mont. Code Ann. § 7-12-4222 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4222
7-12-4222 Sources of money for revolving fund
Status: in_force

7-12-4222 . Sources of money for revolving fund. (1) For the purpose of providing funds for the revolving fund, the city or town council:

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

(b) shall, if the bonds or warrants are secured by the revolving fund pursuant to 7-12-4225 , include in the cost of the improvement to be paid from the proceeds of the bonds or warrants an amount of at least 5% and not more than 10% of the principal amount of the bonds or warrants as provided in 7-12-4169 ; and

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

(2) Whenever there is money in the district fund that is not required for payment of any bond or warrant of the district secured by the revolving fund or of interest on the bond or warrant, as much of the money as may be necessary to pay the loan provided for in 7-12-4223 must, by order of the council, be transferred to the revolving fund. After all the bonds and warrants issued on any special improvement district or sidewalk, curb, and alley approach warrants secured by the revolving fund have been fully paid, all money remaining in the district fund must, by order of the council, be transferred to and become part of the revolving fund.
Mont. Code Ann. § 7-1-4131 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4131
7-1-4131 Public hearing
Status: in_force

7-1-4131 . Public hearing. (1) When required, the governing body shall conduct public hearings for the purpose of providing reasonable opportunity for citizen participation prior to final decisions.

(2) At a minimum, a public hearing shall provide for submission of both oral and written testimony for and against the action or matter at issue. If the hearing is not held before the ultimate decision makers, provision shall be made for the transmittal of a summary or transcript of the testimony received to the ultimate decision makers prior to their determination.

(3) Public hearings may be held at regular or special meetings of the governing body.

(4) Petitions and letters received by the governing body or executive prior to the hearing shall be entered by reference into the minutes of the governing body and considered as other testimony received at the hearing.

(5) Hearings may be adjourned from day to day or to a date certain.

(6) Except for budget hearings, the governing body may designate a subcommittee or hearing examiner to conduct public hearings.
Mont. Code Ann. § 7-7-2257 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2257
7-7-2257 Registration of bonds
Status: in_force

7-7-2257 . Registration of bonds. (1) When executed by the officers of the county, the bonds must be registered by the county treasurer before being delivered to the purchaser.

(2) The registration must show:

(a) the date of issue, the maturities of the bonds subject to early redemption and the redemption dates, and the date when the bonds become due; and

(b) the amount of all payments of both principal and interest required on each bond, with the dates when the payments must be paid.
Mont. Code Ann. § 7-12-4190 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4190
7-12-4190 Payment of assessments in installments
Status: in_force

7-12-4190 . Payment of assessments in installments. (1) The payment of assessments to defray the cost of acquiring or constructing any improvements in special improvement districts may be spread over a term of not to exceed 20 years.

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

(3) Any assessment that is not delinquent may be prepaid, in whole but not in part, at any time after the assessment is levied, by the payment of the assessment, with interest accrued and to accrue thereon through the next date on which interest on bonds of the special improvement district is payable.
Mont. Code Ann. § 7-1-4151 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4151
7-1-4151 Municipal infractions -- proceedings
Status: in_force

7-1-4151 . Municipal infractions -- proceedings. (1) In municipal infraction proceedings:

(a) the matter must be tried before a municipal court judge or city court judge in the same manner as a small claim if the total amount of civil penalties does not exceed $7,000. The matter may only be tried before a judge in district court if the total amount of civil penalties assessed exceeds $7,000.

(b) the city has the burden of proof that the municipal infraction occurred and that the defendant committed the infraction. The proof must be by clear and convincing evidence.

(c) the court shall ensure that the defendant has received a copy of the charges and that the defendant understands the charges. The defendant may question all witnesses who appear for the municipality and produce evidence or witnesses on the defendant's behalf.

(d) the defendant may be represented by counsel of the defendant's own choosing and at the defendant's own expense;

(e) the defendant may answer by admitting or denying the infraction;

(f) if a municipal infraction is proven, the court shall enter a judgment against the defendant. If the infraction is not proven, the court shall dismiss the charges. Each day that a violation occurs or is permitted to exist by the defendant constitutes a separate infraction.

(2) All penalties or forfeitures collected by the court for municipal infractions must be remitted to the municipality in the same manner as fines and forfeitures collected for criminal offenses. If the person named in the citation is served as provided in 7-1-4150 and fails without good cause to appear in response to the civil citation, judgment must be entered against the person.

(3) A person against whom judgment is entered shall pay court costs and fees as in small claims court under Title 25, chapter 35. If the action is dismissed by the court, the municipality is liable for the court costs and court fees.

(4) Seeking a civil penalty as authorized in this section does not preclude a municipality from seeking alternative relief from the court in the same action.

(5) When judgment has been entered against a defendant, the court may do any of the following:

(a) impose a civil penalty by entry of a judgment against the defendant;

(b) direct that payment of the civil penalty be suspended or deferred under conditions imposed by the court;

(c) grant appropriate alternative relief ordering the defendant to abate or cease the violation;

(d) authorize the municipality to abate or correct the violation;

(e) order that the municipality's costs for abatement or correction of the violation be entered as a judgment against the defendant or assessed against the property where the violation occurred, or both.

(6) If a defendant willfully violates the terms of an order imposed by the court, the failure is contempt.
Mont. Code Ann. § 7-32-2234 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2234
7-32-2234 Powers of detention center administrators
Status: in_force

7-32-2234 . Powers of detention center administrators. A detention center administrator is responsible for the immediate management and control of the detention center subject to general policies and programs established pursuant to the agreement provided for in 7-32-2201 (2) and any applicable interlocal agreement. The powers of an administrator and detention center personnel employed under the administrator's authority include control over inmates:

(1) within the confines and grounds of the detention center; and

(2) outside the detention center confines and grounds while transporting any inmate or in the hot pursuit or apprehension of any escapee.
Mont. Code Ann. § 7-2-2218 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2218
7-2-2218 Form of ballot
Status: in_force

7-2-2218 . Form of ballot. (1) If the proposed new county is to be formed from one county or from portions of two or more existing counties, the ballot must be in the following form:

(a) notice required by 7-2-2215 must require the electors to cast ballots that contain the words "For the new county of.... (giving the name of the proposed new county) -- Yes" and "For the new county of.... (giving the name of the proposed new county) -- No".

(b) The ballots must also contain the names of individuals to be voted for to fill the various elective offices designated in the notice.

(c) There must also be printed upon the ballot the words "For the county seat" and the names of all cities or towns that may have filed with the election administrator a petition, signed by at least 25 registered electors, nominating any city or town within the proposed new county for the county seat. The elector shall designate the elector's choice for county seat by marking a cross (X) opposite the name of the city or town for which the elector desires to cast a vote.

(2) If the proposed new county is to be an existing county enlarged by territory taken from one or more other counties, the notice required by 7-2-2215 (1) must require the electors to cast ballots that must contain the legal description of the territory to be taken from the county in which the election is held, together with any name or names for the territory that may be in common use, and the words "For the territory described (or commonly known as....) to be detached from.... County and added to.... County -- Yes" and "For the territory described (or commonly known as....) to be detached from.... County and added to.... County -- No".
Mont. Code Ann. § 7-13-2309 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2309
7-13-2309 Collection of taxes
Status: in_force

7-13-2309 . Collection of taxes. (1) All taxes referred to in 7-13-2302 (3) shall be collected at the same time and in the same manner and form as county taxes are collected and when collected shall be paid to the district for which such taxes were levied and collected.

(2) Such taxes, if not paid, shall become delinquent at the same time as do county taxes.
Mont. Code Ann. § 7-2-4409 — MT Code / Title 7 / Chapter 2 / Part 44 / Section 7-2-4409
7-2-4409 Provision of services
Status: in_force

7-2-4409 . Provision of services. In all cases of annexation under current Montana law, services must be provided as specified in Title 7, chapter 2, part 47, except when mutually agreed upon by the municipality and the real property owners of the area to be annexed.
Mont. Code Ann. § 7-3-4305 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4305
7-3-4305 Petition to organize under commission-manager form -- election required
Status: in_force

7-3-4305 . Petition to organize under commission-manager form -- election required. (1) Upon the filing of a petition with the city or town council, signed by at least 15% of the qualified electors of the municipality registered for the last general municipal election, proposing that the question of reorganization under this part and part 44 be submitted to the qualified electors of the municipality, the city or town council shall order an election to be held in accordance with Title 13, chapter 1, part 4. At the election, the question of reorganization of the municipality under the provisions of this part and part 44 must be submitted to the qualified electors of the municipality.

(2) The order of the city or town council must specify the time when the election will be held pursuant to 13-1-405 .
Mont. Code Ann. § 7-3-1217 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1217
7-3-1217 Vacancies
Status: in_force

7-3-1217 . Vacancies. (1) If a vacancy occurs in the commission, except as the result of a recall election, some eligible person shall be chosen by a majority vote of the remaining members to fill the place for the unexpired term.

(2) Absence from all regular meetings for a period of 90 days shall operate to vacate the seat of a member unless such absence be authorized by the commission.
Mont. Code Ann. § 7-1-4137 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4137
7-1-4137 Oath of office
Status: in_force

7-1-4137 . Oath of office. (1) Every elected and appointed municipal officer shall take the oath of office prescribed in Article III, section 3, of the Montana constitution. Before the officer performs any official duties, the oath of office, certified by the official before whom the oath was taken, must be filed. An elected officer shall file the oath with the county election administrator. Except as provided in subsection (2), an appointed officer shall file the oath with the city clerk.

(2) A person appointed to fill a vacancy in an elected municipal office shall file the oath of office with the county election administrator.
Mont. Code Ann. § 7-2-2217 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2217
7-2-2217 Appointment of election officials
Status: in_force

7-2-2217 . Appointment of election officials. The board of county commissioners of the county concerned shall appoint election judges to act at the election provided for in 7-2-2215 (1) or 7-2-2215 (4) and to be paid by the board.
Mont. Code Ann. § 7-3-613 — MT Code / Title 7 / Chapter 3 / Part 6 / Section 7-3-613
7-3-613 Administrative assistant
Status: in_force

7-3-613 . Administrative assistant. (1) The town presiding officer:

(a) shall appoint an administrative assistant to assist in the supervision and operation of the affairs of the town; or

(b) may appoint an administrative assistant to assist in the supervision and operation of the affairs of the town.

(2) The administrative assistant is answerable solely to the town presiding officer, and the town presiding officer may delegate powers to the administrative assistant.
Mont. Code Ann. § 7-2-4301 — MT Code / Title 7 / Chapter 2 / Part 43 / Section 7-2-4301
7-2-4301 What constitutes contiguous lands
Status: in_force

7-2-4301 . What constitutes contiguous lands. Tracts or parcels of land proposed to be annexed to a city or town under the provisions of this part shall be deemed contiguous to such city or town even though such tracts or parcels of land may be separated from such city or town by a street or other roadway, irrigation ditch, drainage ditch, stream, river, or a strip of unplatted land too narrow or too small to be platted.
Mont. Code Ann. § 7-12-4345 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4345
7-12-4345 Water user entities exempt from special assessments
Status: in_force

7-12-4345 . 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. § 7-3-181 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-181
7-3-181 Conduct of business
Status: in_force

7-3-181 . Conduct of business. (1) Meetings of the study commission must be held upon the call of the presiding officer, the vice presiding officer in the absence or inability of the presiding officer, or a majority of the members. The presiding officer shall announce the time and place of the meetings of the study commission.

(2) The study commission shall maintain a written record of its proceedings and its finances. This record is open to inspection by a person at the office of the study commission during the office hours determined by the governing body by resolution after a public hearing and only if consented to by the presiding officer.

(3) A majority of the members of the study commission constitutes a quorum for the transaction of business, but a recommendation of a study commission does not have legal effect unless adopted by a majority of the whole number of members of the study commission.

(4) The study commission may adopt rules for its own organization and procedure.
Mont. Code Ann. § 7-14-1636 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1636
7-14-1636 Bonds and obligations
Status: in_force

7-14-1636 . Bonds and obligations. (1) An authority may borrow money for any of its corporate purposes and issue bonds for its purposes, including refunding bonds, in a form and upon terms as it determines, payable out of any revenue of the authority, including revenue derived from:

(a) a railroad;

(b) taxes levied pursuant to 7-14-1632 ;

(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 a year on the bonds and on any then-outstanding bonds for which revenue from the same source is pledged exceeds the amount of the 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 the 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 . Bonds issued by an authority pursuant to this part may be payable as to principal and interest solely from revenue of the authority and must state on their face the applicable limitations or restrictions regarding the source from which the principal and interest are payable.

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

(5) For the security of the bonds, the authority 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 the revenue referred to in this part, prior to the payment of current costs of operation and maintenance of the facilities.
Mont. Code Ann. § 7-15-4321 — MT Code / Title 7 / Chapter 15 / Part 43 / Section 7-15-4321
7-15-4321 Nature of urban renewal bonds
Status: in_force

7-15-4321 . Nature of urban renewal bonds. Bonds issued under 7-15-4301 shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction and shall be subject only to the provisions of the Uniform Commercial Code and the limitations of this part and part 42.
Mont. Code Ann. § 7-13-4304 — MT Code / Title 7 / Chapter 13 / Part 43 / Section 7-13-4304
7-13-4304 Authority to charge for services
Status: in_force

7-13-4304 . Authority to charge for services. (1) The governing body of a municipality operating a municipal water or sewer system shall fix and establish, by ordinance or resolution, and collect rates, rentals, and charges for the services, facilities, and benefits directly or indirectly afforded by the system, taking into account services provided and benefits received.

(2) Sewer charges may take into consideration the quantity of sewage produced and its concentration and water pollution qualities in general and the cost of disposal of sewage and storm waters. The charges may be fixed on the basis of water consumption or any other equitable basis the governing body considers appropriate. The rates for charges may be fixed in advance or otherwise and shall be uniform for like services in all parts of the municipality. If the governing body determines that the sewage treatment or storm water disposal prevents pollution of sources of water supply, the sewer charges may be established as a surcharge on the water bills of water consumers or on any other equitable basis of measuring the use and benefits of the facilities and services.

(3) An original charge for the connecting sewerline between the lot line and the sewer main may be assessed when the connecting sewerline is installed.

(4) The water and sewer rates, charges, or rentals shall be as nearly as possible equitable in proportion to the services and benefits rendered.
Mont. Code Ann. § 7-4-2101 — MT Code / Title 7 / Chapter 4 / Part 21 / Section 7-4-2101
7-4-2101 Composition of board of county commissioners
Status: in_force

7-4-2101 . Composition of board of county commissioners. Each county may have a board of county commissioners consisting of three members or any other number provided for under any of the forms of government allowed under Title 7, chapter 3.
Mont. Code Ann. § 7-21-3306 — MT Code / Title 7 / Chapter 21 / Part 33 / Section 7-21-3306
7-21-3306 Payment of expenses incurred in connection with public market
Status: in_force

7-21-3306 . Payment of expenses incurred in connection with public market. The expense of the establishment and maintenance of the markets provided for in this part shall be paid by the boards of county commissioners from the general funds of the counties, except such portions of the expense of operating and maintaining the same as may be derived from the revenues provided for in this part.
Mont. Code Ann. § 7-14-4112 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4112
7-14-4112 Change of name of street
Status: in_force

7-14-4112 . Change of name of street. (1) Any town or city council may in its judgment, when it appears to the best interest of the town or city and the inhabitants thereof, expressed by resolution duly and regularly passed and adopted, change the name or number of any street or avenue, subject to the conditions provided for in subsection (2), except that 51% of the property owners objecting to the change of name or question involved shall be supreme in this matter.

(2) The town or city engineer (if there be no such officer, the council may employ one for such purpose) shall prepare a plat showing such subdivisions, streets, and avenues affected by such change, with the appropriate notation of change thereon. Upon approval of such plat by the council and the filing of the same as approved with the county clerk and recorder wherein the town or city is situated, the names or numbers of said streets and avenues shall be deemed changed in accordance to the terms of said resolution as provided for in subsection (1).
Mont. Code Ann. § 7-10-202 — MT Code / Title 7 / Chapter 10 / Part 2 / Section 7-10-202
7-10-202 Role of state agencies
Status: in_force

7-10-202 . Role of state agencies. A regional resource authority acting pursuant to this part is not required to obtain any certificate of convenience or necessity, franchise, license, permit, or other authorization from any bureau, board, commission, or other instrumentality of the state in order to acquire, construct, purchase, reconstruct, improve, better, extend, maintain, and operate a project. The supervisory powers and duties of the department of environmental quality apply to projects under this part, and the functions of the department of natural resources and conservation and the water court apply to water rights associated with projects.
Mont. Code Ann. § 7-4-4109 — MT Code / Title 7 / Chapter 4 / Part 41 / Section 7-4-4109
7-4-4109 Official bond
Status: in_force

7-4-4109 . Official bond. Each officer of a city or town who is required to give bond shall file the bond, duly approved, within 10 days after receiving notice of election or appointment or, if notice is not received, then on or before the date fixed for the assumption of the duties of the office to which the officer is elected or appointed.
Mont. Code Ann. § 7-5-4410 — MT Code / Title 7 / Chapter 5 / Part 44 / Section 7-5-4410
7-5-4410 Cancellation of general election
Status: in_force

7-5-4410 . Cancellation of general election. (1) The governing body of a municipality may cancel a general election for the election of a municipal officer by resolution after notification by the election administrator pursuant to the provisions of 13-1-403 if the number of candidates filing for election is equal to or less than the number of positions to be filled.

(2) For the purposes of this section, "municipal officer" means a person holding a position with a municipality that is ordinarily filled by election.
Mont. Code Ann. § 7-2-2227 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2227
7-2-2227 Qualification, oath of office, and bond
Status: in_force

7-2-2227 . Qualification, oath of office, and bond. (1) Each person elected or appointed to fill an office of a new county under the provisions of this part shall qualify in the manner provided by law for that officer, except as otherwise provided in this part, and shall enter upon the discharge of the duties of the office within the time provided in this part after the receipt of the certificate of election.

(2) Each of the officers may take the oath of office before any officer authorized by the laws of Montana to administer oaths.

(3) The bond of any officer from which a bond is required must be approved by a judge of the district court of the district to which the new county is attached for judicial purposes.
Mont. Code Ann. § 7-12-2161 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2161
7-12-2161 Payment of maintenance costs -- resolution for assessment and for change of boundaries -- assessment for administrative costs
Status: in_force

7-12-2161 . Payment of maintenance costs -- resolution for assessment and for change of boundaries -- assessment for administrative costs. (1) The board of county commissioners shall estimate, as near as practicable, the cost of maintaining, preserving, or repairing the improvements in each district for each year beginning January 1 or another time as may appear necessary.

(2) The board may, before the first Monday in September of each year, pass and finally adopt a resolution levying and assessing all the property within the district with an amount equal to the whole cost of maintaining, preserving, or repairing the improvements within the district. An assessment authorized by the board must be proportioned as provided in 7-12-2108 . In lieu of an assessment, the board shall otherwise provide for the whole cost of maintaining, preserving, or repairing the improvements in the district.

(3) The resolution levying assessments to defray the cost of maintenance, preservation, or repair of improvements must be prepared and certified to in substantially the same manner as a resolution levying assessments for making, constructing, and installing the improvements in the special improvement district.

(4) The board may change by resolution, not more than once a year, the boundaries of any maintenance district.

(5) The board shall include in the estimated cost of maintaining the district the lesser of $500 or 5% of the annual assessment of the district. The amount determined by the board under this subsection is to defray the costs incurred by the county in administering the maintenance district and is a cost of maintenance. The board shall annually pay the amount determined under this subsection to the county treasurer for deposit in the county general fund.
Mont. Code Ann. § 7-8-2212 — MT Code / Title 7 / Chapter 8 / Part 22 / Section 7-8-2212
7-8-2212 Notice of sale and public auction required for certain sales
Status: in_force

7-8-2212 . Notice of sale and public auction required for certain sales. Unless otherwise provided, if personal property to be sold is reasonably of a value in excess of $2,500, the sale must be at public auction at a site determined by the board of county commissioners after notice by publication as provided in 7-1-2121 .
Mont. Code Ann. § 7-15-4213 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4213
7-15-4213 Review of urban renewal plan by planning commission
Status: in_force

7-15-4213 . Review of urban renewal plan by planning commission. (1) Prior to its approval of an urban renewal project, the local governing body shall submit the urban renewal project plan to the planning commission of the municipality for review and recommendations as to its conformity with the growth policy or parts of the growth policy for the development of the municipality as a whole if a growth policy has been adopted pursuant to Title 76, chapter 1.

(2) The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the local governing body within 60 days after receipt of the plan.
Mont. Code Ann. § 7-4-2903 — MT Code / Title 7 / Chapter 4 / Part 29 / Section 7-4-2903
7-4-2903 Stenographer for coroner in certain counties
Status: in_force

7-4-2903 . Stenographer for coroner in certain counties. In each county having a population of 45,000 or more by the latest federal census enumeration, the coroner may, with the consent of the county commissioners, appoint a stenographer. The stenographer shall hold such position during the pleasure of the coroner making the appointment and shall receive as salary a sum to be fixed by the board of county commissioners, to be paid monthly out of the contingent fund of the county upon the order of the board.
Mont. Code Ann. § 7-13-114 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-114
7-13-114 Applicable provisions of laws relating to rural improvement districts
Status: in_force

7-13-114 . Applicable provisions of laws relating to rural improvement districts. The provisions of 7-12-2101 , 7-12-2107 , 7-12-2115 through 7-12-2120 , 7-12-2131 through 7-12-2140 , 7-12-2153 , 7-12-2154 , 7-12-2161 through 7-12-2165 , 7-12-2166 (2), 7-12-2168 (2), and 7-12-2169 and 7-12-2171 through 7-12-2174 pertaining to rural improvement districts apply under the provisions of this part unless in conflict with the provisions of this part.
Mont. Code Ann. § 7-15-4279 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4279
7-15-4279 Targeted economic development districts
Status: in_force

7-15-4279 . Targeted economic development districts. (1) A local government may, by ordinance and following a public hearing, authorize the creation of a targeted economic development district in support of value-adding economic development projects. The purpose of the district is the development of infrastructure to encourage the location and retention of value-adding projects in the state.

(2) A targeted economic development district:

(a) must consist of a continuous area with an accurately described boundary that is large enough to host a diversified tenant base of multiple independent tenants;

(b) must be zoned to permit the supported value-adding economic development uses for which the district is intended or unzoned, provided development of the district is:

(i) for uses by a local government under Title 76, chapter 2, part 2 or 3, in accordance with the area growth policy, as defined in 76-1-103 ; or

(ii) if a county has not adopted a growth policy, then for uses in accordance with the development pattern and zoning regulations or the development district adopted under Title 76, chapter 2, part 1;

(c) may not comprise any property included within an existing tax increment financing district;

(d) must, prior to its creation, be found to be deficient in infrastructure improvements as stated in the resolution of necessity adopted under 7-15-4280 ;

(e) must, prior to its creation, have in place a comprehensive development plan adopted by the local governments that ensures that the district can host a diversified tenant base of multiple independent tenants; and

(f) may not be designed to serve the needs of a single district tenant or group of nonindependent tenants.

(3) The local government may use tax increment financing pursuant to the provisions of 7-15-4282 through 7-15-4294 for the targeted economic development district. If the local government uses tax increment financing, the use of and purpose for tax increment financing must be specified in the comprehensive development plan required in subsection (2)(e). The plan must also describe how the expenditure of tax increment will promote the development of infrastructure to encourage the location and retention of value-adding projects in the targeted economic development district.
Mont. Code Ann. § 7-32-236 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-236
7-32-236 Account for search and rescue unit training and support
Status: in_force

7-32-236 . Account for search and rescue unit training and support. (1) (a) Subject to legislative fund transfer, there is a special revenue account within the state special revenue fund established in 17-2-102 for county search and rescue unit training and support services.

(b) There must be deposited in the account all monetary contributions, gifts, and donations for the purposes of providing educational and training services, equipment, and other materials necessary for the operation of a search and rescue unit established or recognized by a county as allowed in 7-32-235 .

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

(2) A county sheriff may request to receive funding from the special revenue account created in this section to provide additional training, support, or equipment to one or more search and rescue units in the county established or recognized under 7-32-235 .
Mont. Code Ann. § 7-3-1216 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1216
7-3-1216 Term of office of commission members
Status: in_force

7-3-1216 . Term of office of commission members. (1) Except as provided in subsection (2), the term of office of members of the commission must be 4 years and must commence on the first Monday in January following their election.

(2) The terms of office of the members first elected must commence on the first day of the third month following their election, and the terms of office of a majority of the members first elected, to be determined by lot, expire when their successors are elected and qualified in the first year following their election, and the terms of the remaining members first elected expire when their successors are elected and qualified in the third year following their election.
Mont. Code Ann. § 7-13-2303 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2303
7-13-2303 Methods of assessment
Status: in_force

7-13-2303 . Methods of assessment. (1) When the amount of money required for any purpose enumerated in 7-13-2302 has been determined, the county commissioners or board of directors may use one or any combination of the following methods of assessment:

(a) Each lot or parcel of land to be assessed may be assessed with that part of the amount of money required that its area bears to the total area of all of the lands to be assessed.

(b) The assessment may be based upon the taxable valuation as stated in the last-completed county assessment roll of the lots or parcels of land, exclusive of improvements, within the district. In that case, each lot or parcel of land to be assessed must be assessed with that part of the amount of money required that its taxable valuation bears to the total taxable valuation of all of the lands to be assessed.

(c) Each dwelling unit may be assessed a flat fee. For purposes of this subsection (1)(c), "dwelling unit" has the same meaning provided in 70-24-103 .

(2) If the district lies in more than one county, the same method of assessment must be used in each county.
Mont. Code Ann. § 7-12-2193 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2193
7-12-2193 Refunding bonds
Status: in_force

7-12-2193 . Refunding bonds. (1) A county may issue special improvement district bonds for the purpose of providing the money needed to pay principal of and interest on outstanding special improvement district bonds. To issue bonds for that purpose, the board of county commissioners, at a regular meeting or a duly called special meeting, shall adopt a resolution setting forth:

(a) the facts regarding the outstanding bonds that are to be refunded;

(b) the reasons for issuing refunding bonds; and

(c) the term and details of the refunding bonds.

(2) If the refunding bonds are proposed to be issued in an amount greater than the amount of outstanding bonds to be refunded, the board may not authorize the issuance of the bonds until it has conducted a public hearing on the desirability of issuing the bonds, after published and mailed notice as provided in 7-12-2105 (2), and found by resolution that the issuance of refunding bonds is in the best interest of the special improvement district.

(3) After the adoption of the required resolution or resolutions, the board may:

(a) sell the refunding bonds at a private negotiated sale; or

(b) at its option, give notice of the sale and sell the refunding bonds in the same manner that other special improvement district bonds are sold.

(4) Bonds may not be refunded by the issuance of refunding bonds unless:

(a) (i) the bonds to be refunded bear interest at a fixed rate or rates and the rate of interest offered on the refunding bonds is at least 1/2 of 1% a year less than the rate of interest on the bonds to be refunded;

(ii) the refunding bonds are to bear interest at a variable rate and the board of county commissioners determines that the issuance of variable rate refunding bonds is reasonably expected to result in less interest payable on the refunding bonds than the interest payable on the refunded bonds; or

(iii) the bonds to be refunded bear interest at a variable rate and the board determines that the issuance of fixed rate refunding bonds is in the best interest of the owners of property in the district and the county or the board determines that the issuance of variable rate refunding bonds based on a different index or formula than that of the refunded bonds is reasonably expected to result over the remaining term of the bonds to be refunded in an interest rate at least 1/2 of 1% a year less than the rate of interest on the refunded bonds;

(b) there is or will be on the next payment date default in the payment of bond principal or interest; or

(c) 50% or more of the installments of special assessments levied in the special improvement district and payable in a single fiscal year have been delinquent for at least 1 year.

(5) (a) Refunding bonds issued pursuant to this section may be issued to refund outstanding bonds in advance of the date on which the bonds mature or are subject to redemption, but the proceeds of the refunding bonds, less any accrued interest or premium received from their sale, must be deposited with other funds appropriated for the payment of the outstanding bonds in escrow with a suitable banking institution or trust company, which may be located either in or out of the state.

(b) Deposited funds must be invested in securities that are general obligations of the United States or securities the principal of and interest on which are guaranteed by the United States. The securities must mature or be callable at the option of the holder on the dates and bear interest at the rates and be payable on the dates as may be required to provide funds sufficient, with any cash deposited in the escrow account, to pay when due:

(i) the interest to accrue on each refunded bond to its maturity or redemption date, if called for redemption;

(ii) the principal on each refunded bond at maturity or upon the redemption date; and

(iii) any redemption premium.

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

(d) Funds to the credit of the debt service fund for the payment of the refunded bonds and not required for the payment of principal or interest due prior to issuance of the refunding bonds may be appropriated by the board to the escrow account.

(e) The county may pay the reasonable costs and expenses of issuing the refunding bonds and of establishing and maintaining the escrow account.

(6) Refunding bonds may be issued under this section to pay principal of or interest on special improvement district bonds outstanding on April 30, 1985, only if:

(a) the proceeds of the refunding bonds do not redeem the outstanding bonds until one-third or more of the term for which the bonds were issued has expired;

(b) there is a deficiency in the bond account or interest account of the special improvement district fund from which the bonds are payable; or

(c) 50% or more of the installments of special assessments levied in the special improvement district and payable in a single fiscal year have been delinquent for at least 1 year.
Mont. Code Ann. § 7-12-2134 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2134
7-12-2134 Opening of bids
Status: in_force

7-12-2134 . Opening of bids. (1) The board of county commissioners shall, in open session, publicly open and examine and declare the bids.

(2) The time fixed for the opening of the bids shall not be less than 15 days from the time of the final publication of the notice required by 7-12-2132 .
Mont. Code Ann. § 7-35-2151 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2151
7-35-2151 Abandoned public cemetery lots -- petition -- public notice -- exceptions -- definitions
Status: in_force

7-35-2151 . Abandoned public cemetery lots -- petition -- public notice -- exceptions -- definitions. (1) A lot in a public cemetery may be considered abandoned when:

(a) the lot has not been used for the purposes of interment for 75 years or more; and

(b) the cemetery administrator has had no contact with the owner or the owner's heirs for 75 years or more.

(2) An individual may petition the cemetery administrator for a finding of abandonment. The petition must include:

(a) the full name, address, and contact information for the petitioner;

(b) a description of the lot that the petitioner believes to be abandoned;

(c) a statement that the petitioner has diligently attempted to find the owner, heirs, or assignees of the lot, including a description of the efforts undertaken;

(d) a request that the cemetery administrator determine that the lot is abandoned;

(e) a request that the petitioner be allowed to purchase the lot on a finding of abandonment;

(f) if the petition is for a plot containing multiple lots, the name and date of death of the last individual buried in the plot; and

(g) an affirmation of the truth of the statements in the petition, which includes the language found in 1-6-105 or a notarized oath.

(3) On receipt of a petition, the cemetery administrator shall publish a notice or order the petitioner to publish a notice as provided in 7-1-4127 if the cemetery is owned by a municipality or as provided in 7-1-2121 if the cemetery is owned by any other local government unit. The notice must include:

(a) a statement that there has been a petition to determine that a certain lot has been abandoned in the specified cemetery;

(b) a reasonable description of where the specified lot is located;

(c) the full name of the recorded owner of the lot and the nearest estimate of the date when the lot was purchased. The date may be an approximate year or range if the records do not give an exact date.

(d) a statement that anyone who believes that they are entitled to legal ownership of the lot shall contact the cemetery administrator by the last date of publication of the notice;

(e) the last date of publication of the notice; and

(f) a phone number and address for the cemetery administrator.

(4) The petitioner shall provide an affidavit of publication to the cemetery administrator after the last date of publication of the notice. If publication was enacted by the cemetery administrator, then the cemetery administrator shall execute an affidavit of publication.

(5) If no owner, heir, or assignee has contacted the cemetery administrator to claim the lot after receipt and execution of the affidavit of publication, the lot must be considered legally abandoned. The cemetery administrator shall approve the petition submitted pursuant to subsection (2) and set a price for the petitioner to purchase the lot. A copy of the instrument of conveyance must be filed in the office of the county clerk and recorder for the county in which a majority of the cemetery is located.

(6) If an owner, heir, or assignee contacts the cemetery administrator to claim the lot, the cemetery administrator shall determine whether ownership is valid or not. If the claim is not valid, then the cemetery administrator may proceed as prescribed in subsection (5).

(7) This section does not apply to lots in a public cemetery designated for veteran burials.

(8) This section does not apply to lots in a public cemetery that the cemetery administrator has determined contain buried human remains, even if there is no cemetery lot marker.

(9) This section does not apply to privately owned cemeteries, although privately owned cemeteries may choose to adopt the procedures set forth in this section.

(10) For the purposes of this section, the following definitions apply:

(a) "Cemetery administrator" means a government entity, a secretary, an appointed individual, or a board, including a board of trustees, that is responsible for administering a public cemetery.

(b) "Plot" means an area of land within a public cemetery that includes multiple burial lots.
Mont. Code Ann. § 7-5-2501 — MT Code / Title 7 / Chapter 5 / Part 25 / Section 7-5-2501
7-5-2501 Vacation of plats in abandoned townsites
Status: in_force

7-5-2501 . Vacation of plats in abandoned townsites. (1) When there is filed in the office of the county clerk of any county of this state a plat of any village or townsite or a plat of any vineyard tracts, acreage tracts, suburban tracts, or community tracts and it is desired by the owners of the land to vacate the plat, the county commissioners of the county in which such plat is filed shall, upon petition of the owners of the land described in the plat and upon such conditions as may be reasonable, cancel the plat and shall vacate the lots, streets, alleys, parks, and boulevards, if any, described in the plat. Thereafter the designation of the property shall be by metes and bounds or by legal subdivisions if the circumstances require and the same shall be assessed accordingly. If any post office, store, or other business establishment is located within the platted area, that fact shall not prevent the cancellation and vacating of the plat in accordance with the terms of this section, but in all cases where it is necessary to designate the location of any such post office, store, or other business property by metes and bounds for purposes of identification, this designation shall be made in the order to be entered by the board of county commissioners.

(2) Petitions under the terms of this section shall be signed by all the owners of the land in the platted area, shall distinctly refer to the original plat for purposes of identification, and shall disclose that the petitioners are the owners of all the lands described in the plat and that no rights of any person have intervened since the filing of the plat which would be adversely affected by the cancellation and annulment thereof.
Mont. Code Ann. § 7-7-4607 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4607
7-7-4607 Exemption from certain taxes for refunding revenue bonds
Status: in_force

7-7-4607 . Exemption from certain taxes for refunding revenue bonds. Refunding bonds issued pursuant to this part and the income from those bonds are exempt from taxation, except estate taxes.
Mont. Code Ann. § 7-14-1132 — MT Code / Title 7 / Chapter 14 / Part 11 / Section 7-14-1132
7-14-1132 County tax levy
Status: in_force

7-14-1132 . County tax levy. In counties supporting ports of port authorities, a levy authorized in 67-10-402 may be made for such purposes.
Mont. Code Ann. § 7-21-2412 — MT Code / Title 7 / Chapter 21 / Part 24 / Section 7-21-2412
7-21-2412 Power to regulate or license transient retail merchants
Status: in_force

7-21-2412 . Power to regulate or license transient retail merchants. The board of county commissioners of any county or the governing body of an alternative form of government established pursuant to Title 7, chapter 3, has jurisdiction and power to regulate and license transient retail merchants, subject to any restrictions or limitations as are prescribed by law.
Mont. Code Ann. § 7-14-4606 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4606
7-14-4606 Resolution of need required
Status: in_force

7-14-4606 . Resolution of need required. A city shall not transact any business or exercise any powers of this part unless and until the legislative body of the city shall by resolution declare that there is need for such city to exercise the powers of a parking commission as provided in this part.
Mont. Code Ann. § 7-13-3022 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3022
7-13-3022 Term of assessment for costs of construction
Status: in_force

7-13-3022 . Term of assessment for costs of construction. The payment of the assessment to defray the cost of constructing any improvements in the district may be spread over a term of not more than 20 years, with payment to be made in equal installments.
Mont. Code Ann. § 7-14-4653 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4653
7-14-4653 Temporary or interim bonds
Status: in_force

7-14-4653 . Temporary or interim bonds. Pending the actual issuance or delivery of revenue bonds, the commission may issue temporary or interim bonds, certificates, or receipts of any denomination whatsoever, with or without coupons, to be exchanged for definitive bonds when ready for delivery or to be paid at or before maturity, with accrued interest, from the proceeds of the definitive bonds.
Mont. Code Ann. § 7-13-115 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-115
7-13-115 Adequate records to be maintained
Status: in_force

7-13-115 . Adequate records to be maintained. The records of the district pertaining to the collection of the operation and maintenance tax levied hereunder and the records of the district pertaining to expenditures for construction of the system shall be kept and maintained in the office of the treasurer of the county wherein the district is located. These records shall include but not be limited to a list of individual property which is delinquent in payment, together with the name of the owner or owners thereof.
Mont. Code Ann. § 7-15-2106 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2106
7-15-2106 Criteria for determining if unsafe or unsanitary dwelling accommodations exist
Status: in_force

7-15-2106 . Criteria for determining if unsafe or unsanitary dwelling accommodations exist. In determining whether dwelling accommodations are unsafe or unsanitary, the board of county commissioners shall take into consideration the following:

(1) the physical condition and age of the buildings;

(2) the degree of overcrowding;

(3) the percentage of land coverage;

(4) the light and air available to the inhabitants of such dwelling accommodations;

(5) the size and arrangement of the rooms;

(6) the sanitary facilities; and

(7) the extent to which conditions exist in such buildings which endanger life or property by fire or other causes.
Mont. Code Ann. § 7-33-4112 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4112
7-33-4112 Mutual aid agreements -- request if no agreement exists -- definitions
Status: in_force

7-33-4112 . Mutual aid agreements -- request if no agreement exists -- definitions. (1) A mutual aid agreement is an agreement for protection against disasters, incidents, or emergencies.

(2) Councils or commissions of incorporated municipalities may enter mutual aid agreements with the proper authority of:

(a) other incorporated municipalities;

(b) fire districts;

(c) unincorporated municipalities;

(d) state agencies;

(e) private fire prevention agencies;

(f) federal agencies;

(g) fire service areas;

(h) the governing body of other political subdivisions; or

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

(3) If the council or commission has not concluded a mutual aid agreement, the council or commission, a representative of the council or commission, or an incident commander may request assistance pursuant to 10-3-209 .

(4) As used in this section, the terms "disasters", "emergencies", or "incidents" have the meanings provided in 10-3-103 .
Mont. Code Ann. § 7-14-1126 — MT Code / Title 7 / Chapter 14 / Part 11 / Section 7-14-1126
7-14-1126 Port property -- disposal
Status: in_force

7-14-1126 . Port property -- disposal. Except as may be limited by the terms and conditions of any grant, loan, or agreement authorized by 7-14-1136 , an authority may sell, lease, or otherwise dispose of any transportation, storage, or other facility or other property or portion of or interest in the facility or property acquired pursuant to this part. The disposal by sale, lease, or otherwise must be in accordance with the laws of this state governing the disposition of other public property, unless a sale, lease, mortgage, or other disposition is made under 7-14-1133 to secure bonds of the authority.
Mont. Code Ann. § 7-14-4402 — MT Code / Title 7 / Chapter 14 / Part 44 / Section 7-14-4402
7-14-4402 Limit on indebtedness to provide bus service
Status: in_force

7-14-4402 . Limit on indebtedness to provide bus service. The total amount of indebtedness authorized under 7-14-4401 to be contracted in any form, including existing indebtedness, may not at any time exceed the debt limitation established in 7-7-4201 . Money may not be borrowed or bonds issued for the purposes specified in 7-14-4401 until the proposition has been submitted to the vote of the taxpayers of the city or town and a majority vote is cast in its favor.
Mont. Code Ann. § 7-14-4632 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4632
7-14-4632 Cooperation with other municipal offices
Status: in_force

7-14-4632 . Cooperation with other municipal offices. In order that there may be no unnecessary duplication of effort or expense, the commission shall have access, for the purposes of the commission, to the services and facilities of the city planning department, the city engineer, the police department, the fire department, and such other departments and offices of the city as may be appropriate therefor.
Mont. Code Ann. § 7-7-2112 — MT Code / Title 7 / Chapter 7 / Part 21 / Section 7-7-2112
7-7-2112 Investment of certain construction bond proceeds
Status: in_force

7-7-2112 . Investment of certain construction bond proceeds. (1) Public funds realized from the sale of bonds by a county for the purpose of constructing public buildings or for other construction may be invested 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, when emergency conditions beyond the control of the county commissioners exist which preclude the construction of the projects for which the bonds were issued at the time such investments are made.

(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 sinking fund of the county, notwithstanding the provisions of 7-6-204 (1).

(3) No provision of this section may be construed to prevent the investment of county or county high school money under the state unified investment program established in Title 17, chapter 6, part 2.
Mont. Code Ann. § 7-16-4225 — MT Code / Title 7 / Chapter 16 / Part 42 / Section 7-16-4225
7-16-4225 Park fund to be maintained
Status: in_force

7-16-4225 . Park fund to be maintained. All money raised by tax for park purposes or received by the board of park commissioners for the sale of hay, trees, or plants; from the leasing of park lands; or from any other source shall be paid into the city treasury. The city treasurer shall keep all such money in a separate fund to be known as the park fund.
Mont. Code Ann. § 7-3-1218 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1218
7-3-1218 Meetings of commission
Status: in_force

7-3-1218 . Meetings of commission. (1) (a) Except as provided in subsection (1)(b), at 2 p.m. on the first Monday in January following a general municipal election, the commission shall meet at the courthouse in the consolidated municipality and the newly elected members shall assume the duties of office.

(b) The first meeting of the commission after the election at which the first members of the commission are elected must be held at 2 p.m. on the first day of the third month following the special election, and at this meeting the members of the commission shall determine by lot the members whose terms will expire on the first Monday in January in the first year following their election and the members whose terms will expire on the first Monday in January in the third year following their election.

(2) Thereafter the commission shall meet as prescribed by ordinance or resolution, but not less frequently than once in each month. Special meetings must be called by the clerk of the commission on written request of the president, the manager, or a majority of the members of the commission. A notice of a special meeting must state the subject to be considered at the meeting, and no other subject may be considered at the special meeting.

(3) All meetings of the commission and of committees of the commission must be open to the public, and the rules of the commission must provide that citizens of the municipality must have a reasonable opportunity to be heard at any meeting in regard to any matter considered at the meeting.
Mont. Code Ann. § 7-12-4503 — MT Code / Title 7 / Chapter 12 / Part 45 / Section 7-12-4503
7-12-4503 Protest to abandonment of district
Status: in_force

7-12-4503 . Protest to abandonment of district. Unless 40% of the property owners owning property abutting the district file written protests against the abandonment by the date set for the passage of the resolution of abandonment, the council shall pass a resolution declaring the district abandoned.
Mont. Code Ann. § 7-14-2503 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2503
7-14-2503 Special municipal bridge tax authorized
Status: in_force

7-14-2503 . Special municipal bridge tax authorized. Subject to 15-10-420 , a board may levy a special tax on the taxable property in the county to defray the costs of any bridge required to be constructed and maintained by the county in any city or town.
Mont. Code Ann. § 7-2-2501 — MT Code / Title 7 / Chapter 2 / Part 25 / Section 7-2-2501
7-2-2501 Authorization to change name of county
Status: in_force

7-2-2501 . Authorization to change name of county. The name, designation, appellation, cognomen, or title of any county in this state may be changed to any other name, designation, appellation, cognomen, or title as provided in this part.
Mont. Code Ann. § 7-14-1103 — MT Code / Title 7 / Chapter 14 / Part 11 / Section 7-14-1103
7-14-1103 Commissioners
Status: in_force

7-14-1103 . Commissioners. (1) The powers of each authority are vested in the commissioners of the authority. A majority of the commissioners of an authority constitutes a quorum for the purpose of conducting business of the authority and exercising its powers for all other purposes. Action may be taken by the authority upon a vote of not less than a majority of the commissioners present.

(2) There must be elected a presiding officer and vice presiding officer from among the commissioners. An authority may employ an executive director, secretary, technical experts, and other officers, agents, and employees, permanent and temporary, that it may require and shall determine their qualifications, duties, and compensation. An authority may delegate to one or more of its agents or employees the powers or duties that it considers proper.

(3) A commissioner of an authority is entitled to receive expenses, as provided in 2-18-501 through 2-18-503 , incurred in the discharge of duties. Each commissioner shall hold office until a successor has been appointed or elected and has qualified. The certificates of the appointment, reappointment, or election of commissioners must be filed with the authority.
Mont. Code Ann. § 7-2-2744 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2744
7-2-2744 Transfer of money when claims against fund satisfied
Status: in_force

7-2-2744 . Transfer of money when claims against fund satisfied. (1) When all warrants issued and outstanding against any fund of an abandoned and abolished county, with the interest thereon, have been fully paid, any balance standing to the credit of such fund shall be transferred to any other fund or funds of such county in which there is not sufficient money to pay the warrants issued and outstanding against the same, with interest thereon.

(2) If, after payment of all warrants issued against all such funds, balances remain in any thereof, the same shall be transferred to and become a part of the bond sinking and interest funds of such abandoned county.
Mont. Code Ann. § 7-15-4102 — MT Code / Title 7 / Chapter 15 / Part 41 / Section 7-15-4102
7-15-4102 Findings and policy with regard to unsanitary and unsafe private dwellings
Status: in_force

7-15-4102 . Findings and policy with regard to unsanitary and unsafe private dwellings. (1) It is hereby declared that:

(a) unsanitary or unsafe privately owned dwelling accommodations exist in urban areas throughout the state, and these conditions cause an increase in and spread of disease and crime and constitute a menace to the health, morals, and welfare of the citizens of the state and impair economic values;

(b) in many instances, the owners of such accommodations, due to poverty, unavailability of credit, and increased costs, are unable to finance the rehabilitation of their dwellings; and

(c) the municipal corporations of the state are uniquely able to render financial assistance to these owners of unsafe and unsanitary dwellings, and such assistance is a public use and purpose for which public money may be spent.

(2) The necessity for the provisions of 7-15-4103 is hereby declared, as a matter of legislative determination, to be in the public interest.
Mont. Code Ann. § 7-13-3020 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3020
7-13-3020 Resolution to assess and levy tax for making improvements
Status: in_force

7-13-3020 . Resolution to assess and levy tax for making improvements. (1) To defray the cost of making improvements in the district, the governing body shall by resolution levy and assess a tax upon all property in the district created for the purpose of the system by using as a basis for the assessment the method provided for by this part.

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

(3) The resolution, signed by the governing body, must be kept on file in the office of the local government clerk.
Mont. Code Ann. § 7-12-1151 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1151
7-12-1151 Water user entities exempt from special assessments
Status: in_force

7-12-1151 . 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. § 7-6-2504 — MT Code / Title 7 / Chapter 6 / Part 25 / Section 7-6-2504
7-6-2504 Duties of county clerk related to taxation
Status: in_force

7-6-2504 . Duties of county clerk related to taxation. The clerk of the board must record all orders levying taxes.
Mont. Code Ann. § 7-1-4105 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4105
7-1-4105 Finding -- contract authority
Status: in_force

7-1-4105 . Finding -- contract authority. (1) Pursuant to Article XI, section 6, of the Montana constitution, a local government unit adopting a self-government charter may exercise any power not prohibited by the constitution, law, or charter.

(2) Article XI, section 4, of the Montana constitution provides that a local government unit without self-government powers has powers provided or implied by law and that the powers of incorporated cities and towns and counties must be liberally construed.

(3) Section 7-1-4124 states that a municipality with general powers has the power, subject to the provisions of state law, to contract with persons and to hire, direct, and discharge employees.

(4) Therefore, the legislature finds that it is within a local government's contract authority to enter into any contract necessary for the exercise of its power, including but not limited to a contract for reimbursement that may require that the local government be reimbursed for the cost of basic course training if an employee leaves employment before completing a reasonable period of service.
Mont. Code Ann. § 7-34-2101 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2101
7-34-2101 Purpose of part
Status: in_force

7-34-2101 . Purpose of part. The purpose of this part is to authorize the establishment of public hospital districts which shall have power to supply hospital facilities and services and health care facilities and services to residents of districts and, as herein authorized, to others.
Mont. Code Ann. § 7-33-4123 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4123
7-33-4123 Authority to suspend firefighters
Status: in_force

7-33-4123 . Authority to suspend firefighters. (1) The mayor or manager may suspend the chief and assistant or any firefighter of the fire department for neglect of duty or a violation of any of the rules of the fire department.

(2) The chief of the fire department may suspend the assistant chief of the fire department or any firefighter for like cause.

(3) The assistant chief of the fire department may suspend any firefighter for a like cause.
Mont. Code Ann. § 7-7-4632 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4632
7-7-4632 Procedure to return enterprise from receiver to municipality
Status: in_force

7-7-4632 . Procedure to return enterprise from receiver to municipality. (1) Whenever all that is due upon the refunding bonds and interest thereon and upon any other notes, bonds, or other obligations and interest thereon having a charge, lien, or encumbrance on the revenues of the enterprise and under any of the terms of any covenants or agreements with bondholders shall have been paid or deposited as provided therein and all defaults shall have been cured and made good, the court may in its discretion, after such notice and hearing as it deems reasonable and proper, direct the receiver to surrender possession of the enterprise to the municipality.

(2) The same right of the holders of the refunding bonds to secure the appointment of a receiver exists upon any subsequent default as provided in 7-7-4630 and 7-7-4631 .
Mont. Code Ann. § 7-3-1202 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1202
7-3-1202 Nature of consolidated government
Status: in_force

7-3-1202 . Nature of consolidated government. As a political subdivision of the state, such consolidated municipality shall have the status of a county, and for the purpose of representation in the legislature, as provided by the constitution and laws of this state, and for all other purposes, it shall replace and be the successor of the county and shall be attached to the same judicial district.
Mont. Code Ann. § 7-3-4203 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4203
7-3-4203 Effect of part on other local government laws
Status: repealed

7-3-4203 . Effect of part on other local government laws. All acts and parts of acts and all laws, not inconsistent with any of the provisions of this part, now in force or hereafter enacted relative to municipal corporations are hereby continued in full force and effect and shall be considered and construed as not repealed by this part except insofar as the same may be in conflict or inconsistent with the provisions of this part.
Mont. Code Ann. § 7-4-2811 — MT Code / Title 7 / Chapter 4 / Part 28 / Section 7-4-2811
7-4-2811 Function of county surveyor
Status: in_force

7-4-2811 . Function of county surveyor. (1) The county surveyor shall work under the direction of the board of county commissioners. The county surveyor may not incur any indebtedness on the part of the county without the prior order or approval of the board. The county surveyor must be provided with suitable office space, together with necessary equipment, to perform the various duties as prescribed by law.

(2) The county surveyor shall make all surveys, establish all grades, and prepare plans, specifications, and estimates.

(3) The county surveyor shall make progress reports and estimates of all work and other facts in relation to the work as may be required by the board.
Mont. Code Ann. § 7-8-2605 — MT Code / Title 7 / Chapter 8 / Part 26 / Section 7-8-2605
7-8-2605 Formal sale agreement
Status: in_force

7-8-2605 . Formal sale agreement. (1) Upon award of sale, the purchaser shall execute a formal agreement.

(2) The formal agreement shall:

(a) describe the area on which the timber is to be cut, the approximate amount to be cut by species, and the rate for each product of each species;

(b) stipulate that all timber shall be paid for in advance of cutting;

(c) fix a date for termination of the agreement;

(d) define rules of silviculture, cutting, utilization, scaling, and slash disposal; and

(e) incorporate such other rules as in the discretion of the board of county commissioners are essential to the perpetuation of the county forests.
Mont. Code Ann. § 7-8-2218 — MT Code / Title 7 / Chapter 8 / Part 22 / Section 7-8-2218
7-8-2218 Procedure if property not sold at public auction
Status: in_force

7-8-2218 . Procedure if property not sold at public auction. After notice and appraisal are given as provided in 7-8-2212 and 7-8-2214 , if no bid or offer is made for any property offered for sale at public auction, the board of county commissioners may, at any time after the auction, sell the property at private sale and may at the private sale accept as the purchase price an amount not less than 70% of the appraised value of the property.
Mont. Code Ann. § 7-34-2109 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2109
7-34-2109 Election on question of creating hospital district
Status: in_force

7-34-2109 . Election on question of creating hospital district. The board of county commissioners, upon completion of the hearing provided for in 7-34-2106 through 7-34-2108 , shall proceed by resolution to refer the question of the creation of such district to the persons qualified to vote on such proposition.
Mont. Code Ann. § 7-33-4122 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4122
7-33-4122 Term of appointment of firefighters -- probationary period
Status: in_force

7-33-4122 . Term of appointment of firefighters -- probationary period. Each appointment shall be first made for a probationary term of 6 months, and thereafter the mayor or manager may nominate and, with the consent of the council or commission, appoint such chief and assistant chief or chiefs of the fire department and firefighters, who shall thereafter hold their respective appointments during good behavior and while they have the physical ability to perform their duties.
Mont. Code Ann. § 7-4-2507 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2507
7-4-2507 Deputy sheriff, undersheriff, and detention officer employed under sheriff's office -- provisions -- construction
Status: in_force

7-4-2507 . Deputy sheriff, undersheriff, and detention officer employed under sheriff's office -- provisions -- construction. If there is a conflict between 7-4-2508 through 7-4-2510 and any other law, 7-4-2508 through 7-4-2510 govern with respect to undersheriffs, deputy sheriffs, and detention officers employed by a county under a sheriff's office.
Mont. Code Ann. § 7-7-2405 — MT Code / Title 7 / Chapter 7 / Part 24 / Section 7-7-2405
7-7-2405 Form of ballots
Status: in_force

7-7-2405 . Form of ballots. The words "For the loan" and "Against the loan" must appear on the election ballot.
Mont. Code Ann. § 7-7-2213 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2213
7-7-2213 Citizen bonds -- procedural requirements prior to issuance
Status: in_force

7-7-2213 . Citizen bonds -- procedural requirements prior to issuance. Prior to issuing citizen bonds, a county shall make available to interested investors:

(1) a preliminary official statement, a draft-form legal opinion from a recognized bond counsel, and a comparison to taxable yields at various income levels; and

(2) application forms for the purchase of citizen bonds that must specify at a minimum:

(a) the time, date, and place that applications will be received, the manner in which applications will be processed, and the conditions under which the sale may be canceled if the issue is not fully subscribed during the application period;

(b) the issue date, maturity dates, and the dates on which interest will be earned and paid;

(c) the denominations of the bonds and the maximum amount of the bonds that one buyer may purchase;

(d) the approximate yield on the bonds if held to maturity and the manner in which interest rates have been calculated; and

(e) the provision made for the transfer of ownership of outstanding bonds.
Mont. Code Ann. § 7-10-222 — MT Code / Title 7 / Chapter 10 / Part 2 / Section 7-10-222
7-10-222 Interim receipts or certificates
Status: in_force

7-10-222 . Interim receipts or certificates. Pending the preparation of the definitive bonds, interim receipts or certificates, in a form and with provisions that the governing body of the regional resource authority may determine, may be issued to the purchaser or purchasers of bonds sold pursuant to this part. The bonds and interim receipts or certificates are fully negotiable, as provided by Title 30, chapter 8.
Mont. Code Ann. § 7-4-505 — MT Code / Title 7 / Chapter 4 / Part 5 / Section 7-4-505
7-4-505 Eligibility for award
Status: in_force

7-4-505 . Eligibility for award. (1) Except as provided in subsection (2), an employee may be eligible for an incentive award if:

(a) the employee's suggestion or invention results in eliminating or reducing an agency's expenditures or improving services to the public by permitting more work to be accomplished without increasing the cost of governmental operations; or

(b) the employee participates in or successfully completes a program designed to improve employee health or enhance employee safety.

(2) (a) An employee may not be eligible for an incentive award under subsection (1)(a) if the employee's suggestion or invention directly relates to the employee's assigned duties and responsibilities unless the proposal warrants special recognition as determined by the governing body.

(b) Suggestions or inventions relating to the following matters may not be considered for awards:

(i) personnel grievances;

(ii) classification and pay of positions;

(iii) matters recommended for study or review; and

(iv) proposals resulting from assigned or contracted audits, studies, surveys, reviews, or research.
Mont. Code Ann. § 7-3-106 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-106
7-3-106 Effect of change in government
Status: repealed

7-3-106 . Effect of change in government. (1) All ordinances in effect at the time the new form of government becomes effective shall continue in effect until repealed or amended in the manner provided by law.

(2) The adoption of a new form of government shall not affect the validity of any bond, debt, contract, obligation, or cause of action accrued or established under the prior form of government.
Mont. Code Ann. § 7-3-1101 — MT Code / Title 7 / Chapter 3 / Part 11 / Section 7-3-1101
7-3-1101 City-county consolidation authorized
Status: in_force

7-3-1101 . City-county consolidation authorized. (1) A county and a city or town within the county may unite to form a single unit of local government under the provisions of this part.

(2) An alternative form of government, including a charter form, for a consolidated unit of government may be submitted to the voters only by those study commissions that have cooperated in the formulation of the plan. A majority vote by each of the affected study commissions is required for the submission of an alternative form of government for a consolidated unit of local government. The affected study commissions submitting a consolidated form shall issue a single joint report and proposal.

(3) An alternative form of government for a consolidated unit of local government does not need to include more than one municipality. A municipality may not be included unless the local government study commission of that municipality participates in the cooperative study and unless its study commission by a majority vote approves the proposed alternative plan for the consolidated government.

(4) This part shall not apply to excluded municipalities, school districts, conservancy districts, drainage districts, irrigation districts, soil and water conservation districts, or livestock districts.
Mont. Code Ann. § 7-13-109 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-109
7-13-109 Sufficient protest to bar proceedings
Status: in_force

7-13-109 . Sufficient protest to bar proceedings. If the protest against the proposed work is made by the owners of more than 50% of the area in the proposed district, no further proceedings shall be taken by the board of county commissioners.
Mont. Code Ann. § 7-13-2301 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2301
7-13-2301 Establishment of charges for services -- payment of charges
Status: in_force

7-13-2301 . Establishment of charges for services -- payment of charges. (1) The board of directors shall fix all water and sewer rates and shall, through the general manager, collect the sewer charges and the charges for the sale and distribution of water to all users.

(2) (a) The board, in furnishing water, sewer service, other services, and facilities, shall review, at least once every year, and set, as required, the rate, fee, toll, rent, tax, or other charge for the services, facilities, and benefits directly afforded by the facilities, taking into account services provided and direct benefits received. Taking into account the collections of any special assessments levied pursuant to 7-13-2280 through 7-13-2290 and any property taxes that will be levied to pay debt service on general obligation bonds authorized pursuant to 7-13-2331 , the amount to be collected and appropriated must be sufficient in each year to provide income and revenue adequate for the:

(i) payment of the reasonable expense of operation and maintenance of the facilities;

(ii) administration of the district;

(iii) payment of principal and interest on any bonded or other indebtedness of the district;

(iv) establishment or maintenance of any required reserves, including reserves needed for expenditures for depreciation and replacement of facilities, as may be determined necessary from time to time by the board or as covenanted in the ordinance or resolution authorizing the outstanding bonds of the district; and

(v) payment of rates, fees, and charges levied by a regional authority established pursuant to Title 75, chapter 6, part 3.

(b) A portion of the rate, fee, toll, rent, tax, or other charge provided for in subsection (2)(a) may be charged to the owner of an undeveloped lot, tract, or parcel to pay a share of the principal of and interest on bonded indebtedness issued to finance the capital cost of improvements to an existing water or sewer system, so long as the board makes findings in a resolution or ordinance of the district that demonstrate that the improvements to the existing system to be financed by the bonded indebtedness confer a direct benefit on the lot, tract, or parcel.

(3) A person or entity may not use any facility without paying the rate established for the facility. In the event of nonpayment, the board may order the discontinuance of water or sewer service, or both, to the property and may require that all delinquent charges, interest, penalties, and deposits be paid before restoration of the service.

(4) (a) If the board has ordered discontinuance of service as provided in subsection (3) and the person or entity who received the service has not made full payment of all delinquent charges, interest, penalties, and deposits, then a district may elect to have its delinquent charges for water or sewer services collected as a tax against the property by following the procedures of this subsection (4). If a charge for services is due and payable in a fiscal year and is not paid by the end of the fiscal year, the general manager shall, by July 15 of the succeeding fiscal year, give notice to the owners of the property to which the service was provided. The notice must be in writing and:

(i) must specify the charges owed, including any interest and penalty;

(ii) must specify that the amount due must be paid by August 15 or it will be levied as a tax against the property;

(iii) must state that the district may institute suit in any court of competent jurisdiction to recover the amount due; and

(iv) may be served on the owner personally or by letter addressed to the post-office address of the owner as recorded in the county assessor's office.

(b) On September 1 of each year, the general manager shall certify and file with the county assessor a list of all property, including legal descriptions, on which arrearages remain unpaid. The list must include the amount of each arrearage, including interest and penalty. The county assessor shall assess the amount owed as a tax against each lot or parcel with an arrearage. If the property on which arrearages remain unpaid contains a mobile home, the amount owed must be assessed as a tax against the owner of the mobile home. If the mobile home for which arrearages remain unpaid is no longer on the property, the amount owed must be assessed as a tax against the property.

(5) In addition to collecting delinquent charges in the same manner as a tax, a district may bring suit in any court of competent jurisdiction to collect amounts due as a debt owed to the district.

(6) Notwithstanding any other section of part 22 or this part or any limitation imposed in part 22 or this part, when the board has applied for and received from the federal government any money for the construction, operation, and maintenance of facilities, the board may adopt a system of charges and rates to require that each recipient of facility services pays its proportionate share of the costs of operation, maintenance, and replacement and may require industrial users of facilities to pay the portion of the cost of construction of the facilities that is allocable to the treatment of that industrial user's wastes.
Mont. Code Ann. § 7-8-2403 — MT Code / Title 7 / Chapter 8 / Part 24 / Section 7-8-2403
7-8-2403 Effect of conveyance of land to United States
Status: in_force

7-8-2403 . Effect of conveyance of land to United States. The execution by the board of county commissioners of a deed of conveyance to the United States of any county land conveyed under this part shall operate to discharge and cancel all tax levies, tax liens, and special assessments of every sort and kind against such land and to convey all of the county's title to such lands at the time of the execution of said deed.
Mont. Code Ann. § 7-13-2290 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2290
7-13-2290 Protest procedures for property created as condominium -- assessment of condominium property
Status: in_force

7-13-2290 . Protest procedures for property created as condominium -- assessment of condominium property. (1) Whenever property created as a condominium is proposed to be assessed for costs of an improvement pursuant to 7-13-2280 and the property is not solely a certain unit in the condominium, then the owner of the property created as a condominium that is entitled to protest under 7-13-2282 is considered to be the collective owners of all units having an undivided ownership interest in the common elements of the condominium.

(2) An owner of property created as a condominium may protest against the method of assessment or vote at an election of the district only through a president, vice president, secretary, or treasurer of the condominium owners' association who timely presents to the secretary of the district in accordance with 7-13-2282 the following:

(a) a writing identifying the condominium property;

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

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

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

(3) Each holder of title to a unit of a condominium that is proposed to be assessed for costs of a capital project is entitled to the passage of the resolution as provided in 7-13-2281 , and if the assessments are levied, assessments must be levied against the units in the condominium as provided in subsection (4).

(4) Whenever property created as a condominium is to be subject to special assessments, 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.
Mont. Code Ann. § 7-32-2233 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2233
7-32-2233 Requests for contract proposals
Status: in_force

7-32-2233 . Requests for contract proposals. (1) A local government seeking to enter into a contract under 7-32-2201 and 7-32-2232 may publish a request for proposals. The request for proposals must be published in a newspaper of general circulation in the county once a week for 3 successive weeks and must include information concerning the type of detention center services required.

(2) Requests for proposals must be sent to persons who have previously requested that their names be placed on a list of persons providing detention center services. The Montana board of crime control shall maintain a list of persons providing detention center services and furnish the list to a local government upon request.

(3) In selecting a proposal and awarding a contract, a local government need not accept the proposal with the lowest cost.

(4) The local government must base its selection on demonstrated competence, knowledge and qualifications, the reasonableness of the services proposed, and the reasonableness of the proposed contract price for the detention center services.

(5) A copy of all proposals must be kept available for public inspection in the office of the county clerk and recorder.

(6) The local government must give specific reasons for its selection of a proposal. The reasons must be recorded in the minutes of the governing body of the local government.
Mont. Code Ann. § 7-7-2212 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2212
7-7-2212 Citizen bonds authorized
Status: in_force

7-7-2212 . Citizen bonds authorized. (1) A county authorized to sell general obligation bonds under this chapter may issue and sell a portion of the bonds in denominations of less than $5,000 by:

(a) competitive public sale, directly to members of the public, at preestablished interest rates; or

(b) private sale pursuant to 17-5-107 .

(2) Bonds issued under 7-7-2212 through 7-7-2215 may be known as "citizen bonds".

(3) Citizen bonds may be issued for any purpose for which a county may issue general obligation bonds.

(4) An officer, employee, contracted financial consultant, or contracted adviser employed or retained by a county selling citizen bonds may not purchase those bonds.
Mont. Code Ann. § 7-4-2512 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2512
7-4-2512 Statement and affidavit of fees collected
Status: in_force

7-4-2512 . Statement and affidavit of fees collected. (1) The fees and compensation collected and chargeable for the use of the county in each month must be paid to the county treasurer by the 10th day of the following month and must be accompanied by a statement and copy of the fee book for the preceding month, verified by the officer making the payment.

(2) The affidavit must be in the following form:

State of Montana

County of ..........

I, ........., of the county of .........., do swear that the fee book in my office contains a true statement in detail of all fees and compensations of every kind and nature for official services rendered by me, paid or chargeable, or by my deputies or assistants for the month of .........., 20..., and that this fee book shows the full amount received or chargeable in that month and since my last monthly payment; that neither myself nor, to my knowledge or belief, any of my deputies or assistants have rendered any official service, except for the county or state, that is not fully set out in this fee book; and that the foregoing statement is a correct copy of the statement.

......................... (Signature)

Subscribed and sworn to before me this ..... day of .........., 20...

Seal ........... (Person authorized to take oaths)

.............. (Title or notarial information)
Mont. Code Ann. § 7-3-4374 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4374
7-3-4374 Details of public advertising or publication
Status: in_force

7-3-4374 . Details of public advertising or publication. All public advertising or publication mentioned as being necessary under the provisions of this part or part 44 shall be in a daily newspaper of general circulation within the municipality if there be such; otherwise, in a weekly newspaper published therein, and shall be done by contract, or in a journal published by the municipality, as may be determined by ordinance. If such contract shall be with a newspaper, it shall be entered into only after opportunity has been given for competition under such rules as the commission may establish and for a term not longer than 1 year.
Mont. Code Ann. § 7-14-2608 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2608
7-14-2608 Effect of acceptance or rejection of award of damages
Status: in_force

7-14-2608 . Effect of acceptance or rejection of award of damages. (1) If all awards are accepted, the board shall declare the road a county road and open it.

(2) (a) If any award of damages provided for in 7-14-2607 is not accepted within 20 days after the date of the award, it shall be deemed rejected by the owner.

(b) The board shall by order direct that proceedings to procure the right-of-way be instituted under Title 70, chapter 30 by the county attorney against all nonaccepting landowners.

(c) In such proceedings it shall be made to appear that the board shall have declared by resolution that the right-of-way was necessary and desirable.
Mont. Code Ann. § 7-15-4434 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4434
7-15-4434 Vacancies
Status: in_force

7-15-4434 . Vacancies. Vacancies shall be filled for the unexpired term.
Mont. Code Ann. § 7-12-4150 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4150
7-12-4150 Effect of failure to enter contract
Status: in_force

7-12-4150 . Effect of failure to enter contract. The bids of all persons and the election of all owners, as aforesaid, who have failed to enter into the contract shall be rejected in any bidding or election subsequent to the first for the same work.
Mont. Code Ann. § 7-2-2211 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2211
7-2-2211 Hearing on petition -- protest
Status: in_force

7-2-2211 . Hearing on petition -- protest. (1) At the time fixed for the hearing, the board of county commissioners shall hear the petitioners and any opponents and protestants upon the petition or protests filed on or before the time fixed for the hearing. The board may adjourn the hearing from time to time, but not for more than 10 days after the time fixed for the hearing, and shall receive the proof to establish or controvert the facts set forth in the petition.

(2) (a) No petition, protest, or petition for the exclusion of territory may be considered unless it is filed at least 1 day before the time fixed for the hearing.

(b) A petition for the exclusion of territory shall contain the names of not less than 50% of the registered electors of any territory to be excluded.

(c) All such territory being excluded must be in one block containing an area of not less than 36 square miles and be totally within one county and contiguous thereto.

(3) No withdrawals of signatures to the original petition for the creation of a proposed county shall be filed or considered which have not been filed with the county clerk on or before the date fixed for the hearing. No withdrawals of any signatures from the petition for the exclusion of territory may be received or considered which are not filed within 5 days after the filing of the petition for such exclusion of territory.
Mont. Code Ann. § 7-12-4101 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4101
7-12-4101 Definitions
Status: in_force

7-12-4101 . Definitions. Unless the context indicates otherwise, as used in part 42 and this part, the following definitions apply:

(1) "Blocks" means blocks, whether regular or irregular, that are bounded by main streets or by main streets and a boundary line of the city.

(2) "City" or "municipality" means all corporations organized for municipal purposes.

(3) "City clerk" or "clerk" means a person or officer who is clerk of the council.

(4) "City council" means a body or board that is the legislative department of the government of the city.

(5) "City engineer" means a person or officer who is responsible for the maintenance and improvement of the streets in a city.

(6) "City treasurer" means a person who, under whatever name or title, is the custodian of the funds of the municipality.

(7) "Incidental expenses" means:

(a) the compensation of the city engineer for work done;

(b) the cost of printing and advertising as provided in part 42 and this part;

(c) the compensation of persons appointed by the city engineer to take charge of and superintend any of the work mentioned in this part;

(d) the expenses of making the assessment for any work authorized by this part;

(e) interest on warrants of the city issued to pay costs of improvements;

(f) costs of issuance of bonds or warrants of the special improvement district, including costs of printing the bonds, bond registration fees, attorney fees and financial consultants' fees, a premium for bond insurance, and the price paid by the original purchaser of the bonds that is less than the face amount of the bonds;

(g) interest to accrue on bonds or warrants of the special improvement district before assessments levied in the district are collected in amounts and at times sufficient to pay the interest; and

(h) a reasonable administrative fee payable to the city for the creation and administration of the district by the city, its officers, and its employees.

(8) "Main street" means the actually opened street that bounds a block.

(9) "Paved" or "repaved" means pavement of stone (whether paving blocks or macadam), of bituminous rock or asphalt, or of wood, brick, or other material (whether patented or not) that the city council adopts by ordinance or resolution.

(10) "Quarter-block", when used in reference to irregular blocks, means all lots or portions of lots having frontage on either of two intersecting streets halfway from the intersection to the next main street or, when a main street does not intervene, all the way to a boundary line of the city.

(11) "Street" means avenues, highways, lanes, alleys, crossings or intersections, courts, and places that have been dedicated and accepted according to the law or in common and undisputed use by the public for a period of not less than 5 years.

(12) "Street intersection" means that parcel of land at the point of juncture or crossing of intersecting streets that lies between lines drawn from corner to corner of all lot lines immediately cornering at the juncture.

(13) "Work", "improved", or "improvement" means all work or the securing of property mentioned in part 42 and this part and also the construction, reconstruction, and repair of any portion of the work.
Mont. Code Ann. § 7-15-4292 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4292
7-15-4292 Termination of tax increment financing -- exception
Status: in_force

7-15-4292 . Termination of tax increment financing -- exception. (1) The tax increment provision contained in an urban renewal plan or a targeted economic development district comprehensive development plan terminates upon the later of:

(a) the 15th year following its adoption; or

(b) the payment or provision for payment in full or discharge of all bonds for which the tax increment has been pledged and the interest on the bonds. For targeted economic development districts created after June 30, 2022, the combined term of the original bonds or any refunding bonds may not extend the life of the tax increment provision longer than the 30th year following the original adoption of the tax increment provision.

(2) (a) Except as provided in subsection (2)(b), any amounts remaining in the special fund or any reserve fund after termination of the tax increment provision must be distributed among the various taxing bodies in proportion to their property tax revenue from the area or district.

(b) Upon termination of the tax increment provision, a local government may retain and use in accordance with the provisions of the urban renewal plan:

(i) funds remaining in the special fund or a reserve fund related to a binding loan commitment, construction contract, or development agreement for an approved urban renewal project or targeted economic development district project that a local government entered into before the termination of a tax increment provision;

(ii) loan repayments received after the date of termination of the tax increment provision from loans made pursuant to a binding loan commitment; or

(iii) funds from loans previously made pursuant to a loan program established under an urban renewal plan or targeted economic development district comprehensive development plan.

(3) After termination of the tax increment provision, all taxes must be levied upon the actual taxable value of the taxable property in the urban renewal area or targeted economic development district and must be paid to each of the taxing bodies as provided by law.

(4) Bonds secured in whole or in part by a tax increment provision may not be issued after the 15th anniversary of tax increment provisions. However, if bonds secured by a tax increment provision are outstanding on the applicable anniversary, additional bonds secured by the tax increment provision may be issued if the final maturity date of the bonds is not later than the final maturity date of any bonds then outstanding and secured by the tax increment provision.
Mont. Code Ann. § 7-33-2206 — MT Code / Title 7 / Chapter 33 / Part 22 / Section 7-33-2206
7-33-2206 Violations
Status: in_force

7-33-2206 . Violations. A person who ignites or sets a fire, including a slash-burning fire, land-clearing fire, debris-burning fire, or open fire on any residential or commercial property, forest, range, or cropland subject to the provisions of this part without first having obtained a written permit or permission from the recognized protection agency for that protection area to ignite or set the fire is guilty of a misdemeanor.
Mont. Code Ann. § 7-23-105 — MT Code / Title 7 / Chapter 23 / Part 1 / Section 7-23-105
7-23-105 Disposition of fines
Status: in_force

7-23-105 . Disposition of fines. All fines collected under the provisions of this part and part 21, except those collected by a justice's court, shall be paid into the county treasury and shall be used to pay fees, salaries, costs, or expenses for the enforcement of this part and part 21.
Mont. Code Ann. § 7-6-4412 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4412
7-6-4412 Preparation of municipal property tax record
Status: in_force

7-6-4412 . Preparation of municipal property tax record. (1) The county clerk, on or before the first Monday in October in each year, shall provide a copy of the property tax record to each city in the county if the city treasurer is required by an ordinance of the city to collect its taxes. The record must be a copy of the corrected property tax record of the county, as far as it refers to city property.

(2) The copy must be in a form that itemizes the different funds so that the city treasurer may extend the funds and collect the taxes.
Mont. Code Ann. § 7-12-2104 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2104
7-12-2104 Sufficiency of description in resolution of intention
Status: in_force

7-12-2104 . 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 assessment district or both and to refer to the resolution of intention for further particulars.
Mont. Code Ann. § 7-1-4133 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4133
7-1-4133 Signatures
Status: in_force

7-1-4133 . Signatures. (1) The signatures and addresses on petitions shall be the same as the signatures and addresses on voter registration cards and, if not registered or if not required by law to be an elector, their common signature. If the elector has signed using an initial letter only in place of a name written on the registry card or using a name or the initial letter of a name that is not on the registry card, the signature may nevertheless be counted so long as the signature, taken as a whole, bears sufficient similarity to the signature on the registry card as to provide reasonable certainty of its authenticity.

(2) The signatures on protests and waivers shall be the accepted common signatures.
Mont. Code Ann. § 7-3-1305 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1305
7-3-1305 Conduct of audits
Status: in_force

7-3-1305 . Conduct of audits. (1) Upon the death, resignation, removal, or expiration of the term of an officer of the municipality, the director of finance shall cause an audit and investigation of the accounts of the officer to be made and shall report to the manager and the commission. Either the commission or the manager may at any time provide for an examination or audit of the accounts of any officer or department of the municipal government.

(2) In case of the death, resignation, or removal of the director of finance, the manager shall cause an audit to be made of the director's accounts.

(3) If, as a result of an audit, an officer is found indebted to the municipality, the director of finance or other person making the audit shall immediately give notice to the commission, the manager, and the director of law, and the director of law shall proceed to collect the indebtedness.
Mont. Code Ann. § 7-14-2603 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2603
7-14-2603 Investigation of request concerning road -- decision
Status: in_force

7-14-2603 . Investigation of request concerning road -- decision. (1) At its next regular or special meeting or in any case at a date within 30 days after filing of any petition, the board shall investigate the feasibility, desirability, and cost of granting the petition. The investigation must be sufficient to properly determine the merits or demerits of the petition.

(2) Only one member of the board and the county surveyor, or the county road supervisor if a county surveyor is not elected or appointed, shall make the investigation.

(3) After considering the petition and the results of the investigation, the board shall make an entry of its decision on the minutes.
Mont. Code Ann. § 7-15-4261 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4261
7-15-4261 Exemption from taxation for certain property
Status: in_force

7-15-4261 . Exemption from taxation for certain property. (1) The property of a municipality acquired or held for the purposes of this part is declared to be public property used for essential public and governmental purposes, and such property shall be exempt from all taxes of the municipality, the county, the state, or any political subdivision thereof.

(2) Such tax exemption shall terminate when the municipality sells, leases, or otherwise disposes of such property in an urban renewal area to a purchaser or lessee which is not a public body or other organization normally entitled to tax exemption with respect to such property.
Mont. Code Ann. § 7-7-2238 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2238
7-7-2238 Resolution to sell bonds pursuant to public sale
Status: in_force

7-7-2238 . Resolution to sell bonds pursuant to public sale. (1) If a sufficient percentage of the qualified electors entitled to vote at an election voted on the question and a sufficient percentage of votes were cast in favor of issuing bonds as provided in 7-7-2237 and if the board of county commissioners conducts a public sale, the board of county commissioners shall adopt 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; and

(g) 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 board may in its discretion provide that the bonds may be issued and sold in two or more series or installments.

(4) The board of county commissioners may fix the minimum price for the bonds in an amount less than the principal amount of the bonds, which may not be less than 97% of the principal amount, if the board determines that a sale at that price is in the best interests of the county.
Mont. Code Ann. § 7-35-2133 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2133
7-35-2133 Appointment of trustees of fund
Status: in_force

7-35-2133 . Appointment of trustees of fund. (1) The district judge shall, upon receipt of the application, appoint a trustee or a board of trustees to administer the fund from a list submitted to the judge by the trustees of the public cemetery district.

(2) The number of trustees for the fund may not exceed five, with the exact number to be set at the discretion of the trustees of the public cemetery district. Each trustee for the fund must be a resident of the state during the time the trustee exercises the powers of the trust.

(3) If a person who is chosen and appointed fails to qualify within 30 days after appointment, a vacancy exists, and the judge of the district court shall appoint from a list submitted to the judge by the trustees of the public cemetery district a person possessing the qualifications to fill the vacancy in the board of trustees of the fund.
Mont. Code Ann. § 7-8-2503 — MT Code / Title 7 / Chapter 8 / Part 25 / Section 7-8-2503
7-8-2503 Definitions
Status: in_force

7-8-2503 . Definitions. As used in this part, the following definitions apply:

(1) "Board" means the board of county commissioners.

(2) "Multiple use" means:

(a) the management of the various surface and subsurface resources so that they are utilized in the combination that will best meet the present and future needs of the county;

(b) the most judicious use of the land for some or all of these resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions;

(c) the use of some land for less than all of the resources;

(d) the harmonious and coordinated management of the various resources, each with the other, without impairment of the productivity of the land and with consideration being given to the relative values of the various resources and not necessarily the combination of uses that will give the greatest dollar return or the greatest unit output; and

(e) the use of said lands, where possible, to afford access in multiple-use areas to federal and state lands.
Mont. Code Ann. § 7-14-1602 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1602
7-14-1602 Purpose -- public and governmental functions
Status: in_force

7-14-1602 . Purpose -- public and governmental functions. (1) The purpose of an authority is to provide for the preservation and improvement of abandoned rail service for agriculture, industry, or passenger traffic and to provide for the preservation of abandoned railroad right-of-way for future transportation uses, when determined to be practicable and necessary for the public welfare, particularly in the case of the abandonment of rail lines.

(2) The acquisition of land pursuant to this part; the planning, acquisition, establishment, construction, improvement, maintenance, equipment, operation, regulation, and protection of authority facilities; and the exercise of powers granted to authorities and other public agencies to be severally or jointly exercised are public and governmental functions, exercised for public purpose, and matters of public necessity. All land and other property acquired and used by or on behalf of an authority or other public agency, as provided in this part, must be used for public and governmental purposes and as a matter of public necessity.
Mont. Code Ann. § 7-11-1001 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1001
7-11-1001 Purpose
Status: in_force

7-11-1001 . Purpose. The purpose of this part is to allow for the creation and governance of special districts.
Mont. Code Ann. § 7-6-212 — MT Code / Title 7 / Chapter 6 / Part 2 / Section 7-6-212
7-6-212 Limitation on liability of treasurer or town clerk
Status: in_force

7-6-212 . Limitation on liability of treasurer or town clerk. When money has been deposited in accordance with the provisions of this part, the treasurer or town clerk is not liable for loss on account of any deposit that may occur through damage by the elements or for any other cause or reason occasioned through means other than the treasurer's or clerk's own neglect, fraud, or dishonorable conduct.
Mont. Code Ann. § 7-5-138 — MT Code / Title 7 / Chapter 5 / Part 1 / Section 7-5-138
7-5-138 Sanctuary jurisdiction prohibited
Status: in_force

7-5-138 . Sanctuary jurisdiction prohibited. A local government as defined in 2-1-601 may not enact, adopt, implement, enforce, or refer to the electorate a policy described in 2-1-602 .
Mont. Code Ann. § 7-2-4803 — MT Code / Title 7 / Chapter 2 / Part 48 / Section 7-2-4803
7-2-4803 Petition to exclude land
Status: in_force

7-2-4803 . Petition to exclude land. (1) A petition in writing, signed by a number of the qualified electors residing within the corporate limits of such city or town equal to a majority of the votes cast at the last city election held therein or by the owners of not less than three-fourths in value of the territory sought to be excluded, shall be filed with the clerk of such city or town.

(2) Such petition shall be presented to the council of such city or town at the next regular meeting after the filing thereof.
Mont. Code Ann. § 7-15-4207 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4207
7-15-4207 Prohibition against discrimination
Status: in_force

7-15-4207 . Prohibition against discrimination. For all of the purposes of this part and part 43, a person may not be subjected to discrimination because of sex, as defined in 1-1-201 , race, creed, religion, age, physical or mental disability, color, or national origin.
Mont. Code Ann. § 7-3-415 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-415
7-3-415 Administrative assistants
Status: in_force

7-3-415 . Administrative assistants. The commission:

(1) shall appoint one or more administrative assistants to assist them in the supervision and operation of the local government; or

(2) may appoint one or more administrative assistants to assist them in the supervision and operation of the local government.
Mont. Code Ann. § 7-33-4206 — MT Code / Title 7 / Chapter 33 / Part 42 / Section 7-33-4206
7-33-4206 Regulation of bonfires, fireworks, and other fire-causing agents
Status: in_force

7-33-4206 . Regulation of bonfires, fireworks, and other fire-causing agents. The city or town council has power to regulate or prohibit the building of bonfires or the explosion, use, or selling of fireworks, firecrackers, torpedoes, other pyrotechnics, or toy pistols or guns within the city or town.
Mont. Code Ann. § 7-2-2216 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2216
7-2-2216 Establishment of election precincts
Status: in_force

7-2-2216 . Establishment of election precincts. The board of county commissioners of the county in which the petition was filed shall also, if necessary for the purpose of the election provided for in 7-2-2215 (1), change the boundaries of the election precincts in the old county to make the same conform to the boundaries of the proposed new county, provided that the boundary lines of no such precinct shall extend beyond the boundary lines of the then-existing county in which it is located and from which the territory is proposed to be taken.
Mont. Code Ann. § 7-6-2407 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2407
7-6-2407 Examination and investigation of claims
Status: in_force

7-6-2407 . Examination and investigation of claims. (1) It is the duty of persons holding claims against any county having a county auditor to present the claims to the county auditor, who shall investigate and examine all claims presented.

(2) (a) Within 30 days of receipt of a claim in the office of the county auditor, the county auditor shall approve the claim, disapprove the claim, or notify the board of county commissioners, the claimant, and any affected county elected officials or department heads in writing that the claim requires further investigation.

(b) Further investigation of a claim must be completed and an approval or disapproval of payment of the claim must be issued within 60 days from the date that the county auditor provides the written notification required in subsection (2)(a).

(3) (a) The county auditor shall report approved claims to the board of county commissioners at its regular meeting after investigations into the claims have been completed.

(b) The county auditor shall keep a complete record of all claims submitted and investigations and examinations of the claims.

(4) In all counties having a county auditor:

(a) all bills, claims, accounts, or charges for materials of any kind or nature that may be purchased by and on behalf of the county by any of the county officers or contracted for by the county commissioners must be investigated, examined, and inspected by the county auditor, who shall approve or disapprove payment of the claims before any warrant for the payment of the claims may be drawn;

(b) a claim against the county may not be paid or a warrant drawn for the claim unless the claim has the approval of the county auditor. If the county auditor disapproves payment of a claim:

(i) the auditor shall, within 5 days of the disapproval, provide written documentation to the board of county commissioners, the claimant, and any affected county elected officials or department heads specifying the reasons for the disapproval;

(ii) the auditor shall, within 15 days of the disapproval, present documentation and testimony in support of the disapproval of the claim to the board of county commissioners in a public hearing at a properly noticed and regularly scheduled meeting of the board of county commissioners; and

(iii) the board of county commissioners may order the payment of the claim by a majority vote at a regular board meeting. If a majority of the board orders payment of the disapproved claim, the county auditor may appeal the decision to the district court within 7 working days. If the board's decision is not appealed within the required 7-day period, the claim must be paid.
Mont. Code Ann. § 7-12-2302 — MT Code / Title 7 / Chapter 12 / Part 23 / Section 7-12-2302
7-12-2302 Charges for services
Status: in_force

7-12-2302 . Charges for services. (1) The board of county commissioners has authority by ordinance or resolution to fix and establish just and equitable rates, charges, and rentals for the services and benefits directly or indirectly afforded by any sanitary or storm sewer system or billed to a sanitary and/or storm sewer district formed under this chapter for the purposes of providing sanitary and/or storm sewer services to the district.

(2) The rates, charges, and rentals must be as closely equitable as possible in proportion to the services and benefits rendered and may take into consideration the quantity of sewage produced, the sewage concentration, water pollution qualities in general, and the cost to dispose of sewage and storm waters.

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

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

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

(4) All resolutions, signed by the presiding officer of the board, must be kept on file in the office of the county clerk.
Mont. Code Ann. § 7-4-2923 — MT Code / Title 7 / Chapter 4 / Part 29 / Section 7-4-2923
7-4-2923 Computation of mileage for reimbursement
Status: in_force

7-4-2923 . Computation of mileage for reimbursement. When a coroner serves more than one process in the same cause, not requiring more than one journey from the office, the coroner may receive mileage only for the more distant service, and mileage is not allowed for less than 1 mile actually traveled.
Mont. Code Ann. § 7-7-2404 — MT Code / Title 7 / Chapter 7 / Part 24 / Section 7-7-2404
7-7-2404 Notice of election
Status: in_force

7-7-2404 . Notice of election. Notice of the election must clearly state the amount to be raised and the object of the loan and must be given in accordance with 13-1-108 .
Mont. Code Ann. § 7-12-4130 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4130
7-12-4130 Transfer of operation, control, and ownership of improvement district facilities to a utility
Status: in_force

7-12-4130 . Transfer of operation, control, and ownership of improvement district facilities to a utility. Whenever a special improvement district has been created in accordance with the provisions of this part for the purpose of providing the facilities through which a regulated utility is to provide utility services to the district, the commissioners may, upon such terms and conditions as may be agreed to, transfer the operation, control, and ownership of the facilities to the regulated utility for use by the utility to provide utility services.
Mont. Code Ann. § 7-14-4703 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4703
7-14-4703 Provision for payment of damages due to creation of pedestrian mall
Status: in_force

7-14-4703 . Provision for payment of damages due to creation of pedestrian mall. When the public interest or convenience requires, the governing body of a municipality may pay, from general funds of the municipality or other available money or from the proceeds of assessments levied on lands benefited by the establishment of a pedestrian mall, the damages, if any, allowed or awarded to any property owner by reason of the establishment of a pedestrian mall. The resolution of intention must contain a statement that, subject to 15-10-420 , an assessment will be levied to pay the whole or a stated portion of damages, if any, allowed or awarded to any property owner by reason of the establishment of the pedestrian mall.
Mont. Code Ann. § 7-13-3021 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3021
7-13-3021 Notice of resolution to assess and levy tax for making improvements -- protest
Status: in_force

7-13-3021 . Notice of resolution to assess and levy tax for making improvements -- protest. (1) A notice, signed by the local government clerk and stating that the resolution levying a special assessment to defray the cost of making the improvements is on file in the office of the clerk and is subject to inspection, must be published as provided in 7-1-2121 .

(2) The notice must state the time and place in which objections to the final adoption of the resolution will be heard by the governing body.
Mont. Code Ann. § 7-12-2168 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2168
7-12-2168 Assessments and certain other charges as liens
Status: in_force

7-12-2168 . Assessments and certain other charges as liens. (1) A special assessment made and levied to defray the cost and expenses of the work enumerated in this part, together with any percentages 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 only be extinguished by payment of the assessment, with all penalties, costs, and interest.

(2) A special assessment levied and made for any of the purposes mentioned in 7-12-2120 and 7-12-2161 , together with all costs and penalties, constitutes a lien upon and against the property upon which the assessment is made and levied from and after the date of the final passage and adoption of the resolution levying the assessment. The lien is extinguished only by payment of the assessment, with all penalties, costs, and interest.

(3) For assessment purposes, whenever property created as a condominium is included within the boundaries of a district, 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 an undivided ownership interest must be as set forth in the condominium declaration.
Mont. Code Ann. § 7-3-182 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-182
7-3-182 Open meetings and public involvement
Status: in_force

7-3-182 . Open meetings and public involvement. All meetings of the study commission are open to the public as provided in Title 2, chapter 3, part 2. The study commission shall hold public hearings and community forums and may use other suitable means to disseminate information, receive suggestions and comments, and stimulate public discussion of its purpose, progress, conclusions, and recommendations.
Mont. Code Ann. § 7-11-1026 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1026
7-11-1026 Collection of special district assessments
Status: in_force

7-11-1026 . Collection of special district assessments. (1) When a resolution of assessment has been certified by the clerk of the local government, the county treasurer, the city treasurer, or the town clerk, as provided in 7-12-4182 , shall collect the assessment in the same manner and at the same time as property taxes for general purposes are collected.

(2) All money received by the special district, including interest and earnings accrued, must be deposited in an account held only for the special district by the office of the county treasurer, city treasurer, or town clerk.
Mont. Code Ann. § 7-6-1543 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1543
7-6-1543 Resort area district governed by board -- composition -- qualifications -- term of office
Status: in_force

7-6-1543 . Resort area district governed by board -- composition -- qualifications -- term of office. (1) The board of directors is the governing body of the resort area district and is composed of five members, to be elected as provided in 7-6-1544 .

(2) To qualify for the board of directors, a person must be a resident of the resort area district.

(3) Directors shall serve for a term of 4 years from the date of their election, except, of the directors elected at the first election, three directors shall serve for a term of 2 years and two shall serve for a term of 4 years.

(4) At the first meeting of the board, the directors shall determine by lot which of them shall serve the terms of less than 4 years. Each succeeding term is 4 years.
Mont. Code Ann. § 7-12-2140 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2140
7-12-2140 Procedure for objection to proceedings
Status: in_force

7-12-2140 . Procedure for objection to proceedings. (1) At any time within 60 days from the date of the awarding of a contract, any owner or other person having a interest in any lot, tract, or plot of land liable to assessment who claims that any of the previous acts or proceedings relating to the improvements are irregular, defective, erroneous, or faulty or that the property will be damaged by making any of the improvements in the manner contemplated may file with the county clerk a written notice specifying in what respect the acts or proceedings are irregular, defective, erroneous, or faulty or in what manner and to what extent the property will be damaged by making the improvements.

(2) The notice must state that it is made in pursuance of this section.

(3) All objections in any act or proceeding or in relation to making the improvements must be made in writing and in the manner and at the time provided in subsection (1). All claims for damages must be waived by the property owner if a written objection is not filed, if notice of the passage of the resolution of intention has been actually published and the notice of improvements posted as provided in this part.
Mont. Code Ann. § 7-12-2103 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2103
7-12-2103 Resolution of intention to create rural improvement district
Status: in_force

7-12-2103 . Resolution of intention to create rural improvement district. (1) Before creating a special improvement district for the purpose of making any of the improvements, maintaining existing public improvements, or acquiring any private property for any purpose authorized by this part, the board of county commissioners shall pass a resolution of intention.

(2) The resolution must:

(a) designate the number of the district;

(b) describe the boundaries of the district;

(c) state in the resolution the general character of the improvements that are to be made;

(d) designate the name of the engineer who is to have charge of the work and an approximate estimate of the cost of the work;

(e) specify the method or methods by which the costs of the improvements will be assessed against property in the district; and

(f) if the method of assessment is that described in 7-12-2151 (1)(d), specify that if an increase occurs in the number of benefited lots, tracts, or parcels within the boundaries of the district during the term of the bonded indebtedness, the assessment per lot, tract, or parcel then in the district will be recalculated as provided in 7-12-2151 (4).

(3) The board of county commissioners may include, in one proceeding under one resolution of intention and in one contract, any of the different kinds of improvements or work provided for in this part and may include any number of streets and rights-of-way or portions of streets and rights-of-way, and it may exempt any of the work already done on a street to the official grade.
Mont. Code Ann. § 7-12-2174 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2174
7-12-2174 Redemption of bonds and warrants
Status: in_force

7-12-2174 . Redemption of bonds and warrants. (1) The county treasurer shall first pay out of the proper special improvement district fund, on each interest payment date, the interest on all outstanding warrants or bonds on presentation of the coupons belonging to the warrants or bonds or otherwise then payable and the principal, if any, then payable on the warrants or bonds. Any funds remaining in the fund must be applied to the redemption of the warrants or bonds in the order specified in the resolution authorizing the issuance of the bonds.

(2) Special improvement district warrants or bonds must be redeemed on any interest payment date from the proceeds of the bonds or warrants remaining after payment of all costs of the improvements, as provided in 7-12-2173 , or from the prepayment of assessments levied in the district. Special improvement district bonds or warrants may otherwise be subject to redemption and prepayment as provided in the resolution on any interest payment date.

(3) The date of redemption must be fixed by the county treasurer and may not be less than 30 days after the date of publication or of mailing of the notice. The county treasurer shall give written notice to the holders of the warrants or bonds to be redeemed, if their addresses are known, of the number of warrants or bonds to be redeemed and the date on which payment will be made. If the addresses of the holders of all bonds or warrants to be redeemed are not known, the county treasurer shall publish notice of redemption once in a newspaper of general circulation in the county. On the date fixed for redemption, interest must cease.
Mont. Code Ann. § 7-4-2905 — MT Code / Title 7 / Chapter 4 / Part 29 / Section 7-4-2905
7-4-2905 Coroner education and continuing education
Status: in_force

7-4-2905 . Coroner education and continuing education. (1) Coroner education must be approved by the Montana public safety officer standards and training council established in 2-15-2029 . The council may adopt rules establishing standards and procedures for basic and advanced education. The cost of conducting the education must be borne by the department of justice from money appropriated for the education. The county shall pay the salary, mileage, and per diem of each coroner-elect, coroner, and deputy coroner attending from that county.

(2) (a) The council shall approve a 40-hour basic coroner course of study after each general election. The course, or an equivalent course approved by the council, must be completed before the first Monday in January following the election. The council may approve other basic coroner courses at times it considers appropriate.

(b) The council shall approve a 16-hour continuing coroner education course. Unless there are exigent circumstances, failure of any coroner or deputy coroner to satisfactorily complete the 16-hour continuing coroner education course, or an equivalent course approved by the council, at least once every 2 years results in forfeiture of office. The council may adopt rules providing a procedure to extend the 2-year period because of exigent circumstances.
Mont. Code Ann. § 7-2-2706 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2706
7-2-2706 Processing of petition to amend proposed consolidation -- certification to county commissioners
Status: in_force

7-2-2706 . Processing of petition to amend proposed consolidation -- certification to county commissioners. Whenever any petition is filed under 7-2-2705 , the election administrator shall immediately examine the petition and determine from the registration records of the county whether the petition has been signed by the required number of registered electors and shall attach to the petition the administrator's certificate showing the total number of registered electors residing within the boundaries described in the petition and the number of registered electors whose names appear on the petition and shall deliver the petition, with the certificate attached, to the board of county commissioners when the board meets to consider and take final action on the petition for abandonment.
Mont. Code Ann. § 7-32-212 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-212
7-32-212 Prohibition on reduction of full-time officers
Status: in_force

7-32-212 . Prohibition on reduction of full-time officers. A local government may not reduce the authorized number of full-time law enforcement officers through the appointment or utilization of reserve officers.
Mont. Code Ann. § 7-31-4205 — MT Code / Title 7 / Chapter 31 / Part 42 / Section 7-31-4205
7-31-4205 Procedure to close and fill ditch -- notice
Status: in_force

7-31-4205 . Procedure to close and fill ditch -- notice. (1) When a public nuisance has been declared, as provided in this part, the city or town shall give public notice for at least 60 days to owners of the ditch and of any water rights affected that such ditch has been declared a public nuisance and that it shall be closed and filled unless the owners of such rights desire to keep the ditch open.

(2) Such notice shall include publication once each week for at least 8 successive weeks in an established newspaper published within the city or town if one exists or, in its absence, in the official county newspaper.
Mont. Code Ann. § 7-3-1255 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1255
7-3-1255 Commissioners not to hold or seek other office
Status: in_force

7-3-1255 . Commissioners not to hold or seek other office. A person elected to the commission may not, during the term for which elected, be appointed to any office or position in the service in the municipality. If a member of the commission becomes a candidate for any public office other than that of commissioner, the person shall immediately forfeit the office of commissioner.
Mont. Code Ann. § 7-15-4221 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4221
7-15-4221 Modification of urban renewal project plan
Status: in_force

7-15-4221 . Modification of urban renewal project plan. (1) An urban renewal project plan may be modified at any time by the local governing body. If modified after the lease or sale by the municipality of real property in the urban renewal project area, the modification is subject to any rights at law or in equity that a lessee or purchaser or the lessee's or purchaser's successor or successors in interest may be entitled to assert.

(2) An urban renewal plan may be modified by ordinance.

(3) (a) Before modifying an urban renewal plan to provide tax increment financing for the district or to use bonds as provided in 7-15-4218 , the municipality shall provide notice to the county and the school district in which the urban renewal district is located and provide the county and the school district with the opportunity to meet and consult in a public meeting with the opportunity for public comment regarding the effect on the county or school district.

(b) The tax increment financing provision must be proposed with consideration for the county and school districts that include municipal territory.

(4) All urban renewal plans approved or modified by resolution prior to May 8, 1979, are validated.

(5) A plan may be modified by:

(a) the procedure set forth in 7-15-4212 through 7-15-4219 with respect to adoption of an urban renewal plan;

(b) the procedure set forth in the plan, which must include a public hearing.
Mont. Code Ann. § 7-5-4307 — MT Code / Title 7 / Chapter 5 / Part 43 / Section 7-5-4307
7-5-4307 Sale or trade-in of old supplies or equipment
Status: in_force

7-5-4307 . Sale or trade-in of old supplies or equipment. Old supplies or equipment may be sold by the city or town to the highest responsible bidder after calling for bid purchasers as herein set forth for bid sellers, and such city or town may trade in supplies or old equipment on new supplies or equipment at such bid price as will result in the lowest net price.
Mont. Code Ann. § 7-14-4610 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4610
7-14-4610 Term of office
Status: in_force

7-14-4610 . Term of office. (1) Except as provided in subsection (3), three of the members who are first appointed must be designated to serve for terms of 1, 2, and 3 years, respectively, from the date of their appointments, and two must be designated to serve for terms of 4 years from the date of their appointment. For a seven-member commission, there must be two additional appointments of 2 years and 3 years, respectively.

(2) Except as provided in subsection (3), at the expiration of terms established in subsection (1), members must be appointed for a term of office of 4 years, except that all vacancies occurring during a term must be filled for the unexpired term. A member shall hold office until a qualified successor has been appointed.

(3) If the board of trustees of a business improvement district has been appointed to serve as the parking commission, the term of office for a trustee serving as a commissioner must be the same as the trustee's term of office as a member of the business improvement district's board of trustees.
Mont. Code Ann. § 7-32-401 — MT Code / Title 7 / Chapter 32 / Part 4 / Section 7-32-401
7-32-401 Limitations on excess property provided to local law enforcement -- definitions
Status: in_force

7-32-401 . Limitations on excess property provided to local law enforcement -- definitions. (1) A law enforcement agency may not receive the following property from a military equipment surplus program operated by the federal government:

(a) drones that are armored, weaponized, or both;

(b) aircraft that are combat configured or combat coded;

(c) grenades or similar explosives and grenade launchers;

(d) silencers; or

(e) militarized armored vehicles.

(2) If a law enforcement agency purchases property from a military equipment surplus program operated by the federal government, the law enforcement agency may only use state or local funds for the purchase. Funds obtained from the federal government may not be used to purchase property from a military equipment surplus program.

(3) For purposes of this section, "law enforcement agency" means a law enforcement service provided by a local government as authorized in Title 7, chapter 32.
Mont. Code Ann. § 7-6-620 — MT Code / Title 7 / Chapter 6 / Part 6 / Section 7-6-620
7-6-620 Local government large taxpayer reserve account -- expenditure restrictions
Status: in_force

7-6-620 . Local government large taxpayer reserve account -- expenditure restrictions. (1) The governing body of a city, county, or consolidated city-county may establish a large taxpayer reserve account.

(2) A city, county, or consolidated city-county that establishes an account pursuant to this section shall deposit annually 10% of revenue generated from newly taxable property in classes other than class four in the large taxpayer reserve account.

(3) A city, county, or consolidated city-county may use a portion of the revenue from newly taxable property generated under subsection (2) to offset any required payment to the department for technology enhancing the assessment of newly taxable property.

(4) Subject to a payment made pursuant to subsection (3), money deposited in the account by the city, county, or consolidated city-county must remain in the account and may not be appropriated by the governing body until a large taxpayer has permanently ceased operations or experienced a significant decrease in taxable value.

(5) If the circumstances described in subsection (4) occur, the governing body of the city, county, or consolidated city-county shall use the funds in the account to:

(a) pay for outstanding capital project bonds or other expenses incurred prior to the cessation of operations or a significant decrease in taxable value;

(b) for up to 10 years, decrease mill levies of the city, county, or consolidated city-county that are directly impacted by the cessation of operations or a significant decrease in taxable value;

(c) attract new industry to the impact area;

(d) provide cash incentives for expanding the employment base of the area impacted by the cessation of operations or a significant decrease in taxable value; or

(e) invest in infrastructure directly related to new development or housing.

(6) Except as provided in subsection (5)(b), money held in the account may not be considered as cash balance for the purpose of reducing mill levies.

(7) (a) Except as provided in subsection (7)(b), money in the account must be invested as provided by law. Interest and income from the investment of funds in the account must be credited to the account.

(b) The city, county, or consolidated city-county may use investment earnings on the account not subject to subsection (3) for the purposes provided in subsection (5).

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

(a) "Large taxpayer" means an individual or entity with taxable value for all property owned by the individual or entity within the city, county, or consolidated city-county that places the individual or entity among the 20% of taxpayers with the largest taxable value in the city, county, or consolidated city-county.

(b) "Significant decrease in taxable value" means a decrease in taxable value for property classes other than class four property that equals 25% or more of the prior year's taxable value.
Mont. Code Ann. § 7-13-3011 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3011
7-13-3011 Resolution creating district -- power to order improvements
Status: in_force

7-13-3011 . Resolution creating district -- power to order improvements. (1) Before ordering any of the proposed improvements, the governing body shall pass a resolution creating the district in accordance with the resolution of intention introduced and passed by the governing body.

(2) The governing body has jurisdiction to order improvements immediately upon the occurrence of one of the following:

(a) when no protests have been delivered to the county clerk within 30 days after the date of the first publication of the notice of the passing of the resolution of intention;

(b) when a protest is found by the governing body to be insufficient; or

(c) when a protest is overruled.
Mont. Code Ann. § 7-4-2505 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2505
7-4-2505 Amount of compensation for deputies and assistants
Status: in_force

7-4-2505 . Amount of compensation for deputies and assistants. (1) Subject to subsection (2), the boards of county commissioners in the several counties in the state shall fix the compensation allowed any deputy or assistant of the following officers:

(a) clerk and recorder;

(b) clerk of the district court;

(c) treasurer;

(d) county attorney;

(e) auditor.

(2) (a) The salary of a deputy or an assistant listed in subsection (1), other than a deputy county attorney, may not be more than 90% of the salary of the officer under whom the deputy or assistant is serving. The salary of a deputy county attorney, including longevity payments provided in 7-4-2503 (3)(c), may not exceed the salary of the county attorney under whom the deputy is serving.

(b) If a deputy or assistant is employed for a period of less than 1 year, the compensation of the deputy or assistant must be for the time employed and the rate of compensation may not be in excess of the rates provided by law for similar deputies and assistants.
Mont. Code Ann. § 7-14-221 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-221
7-14-221 Area of service
Status: in_force

7-14-221 . Area of service. The district shall primarily serve the residents within the district boundaries but may authorize service outside the district boundaries where deemed appropriate.
Mont. Code Ann. § 7-6-4455 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4455
7-6-4455 Changes from all-purpose mill levy method
Status: in_force

7-6-4455 . Changes from all-purpose mill levy method. Any municipality electing to follow the all-purpose mill levy method provided for in 7-6-4451 is bound by that election during the ensuing fiscal year but may abandon the all-purpose mill levy method in succeeding fiscal years.
Mont. Code Ann. § 7-32-4111 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4111
7-32-4111 Examination of applicants for position on police force
Status: in_force

7-32-4111 . Examination of applicants for position on police force. (1) All applicants for positions on the police force whose applications are referred to the police commission must be required to successfully undergo an examination before the police commission and to receive a certificate from the commission that the applicant is qualified for appointment for the probationary period to the police force.

(2) An applicant who makes any false statement to the police commission as to the applicant's age or other required qualifications at an examination before the police commission is subject to suspension or dismissal from the police force after trial.
Mont. Code Ann. § 7-12-4304 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4304
7-12-4304 Protest against creation of lighting district
Status: in_force

7-12-4304 . Protest against creation of lighting district. At any time within 15 days after the date of the first publication of the notice of passage of the resolution of intention, an owner of property liable to be assessed for the work may make written protest against the proposed work or against the extent or creation of the district to be assessed, or both. The notice must be in writing and be delivered to the clerk of the city council, who shall endorse on the notice the date of receipt.
Mont. Code Ann. § 7-6-204 — MT Code / Title 7 / Chapter 6 / Part 2 / Section 7-6-204
7-6-204 Crediting of interest -- exceptions
Status: in_force

7-6-204 . Crediting of interest -- exceptions. (1) Interest paid and collected on deposits or investments must be credited to the general fund of the county, city, or town to whose credit the funds are deposited unless otherwise provided:

(a) by law;

(b) by terms of a gift, grant, or donation; or

(c) by subsections (2) and (3).

(2) Subject to subsection (1), interest paid and collected on the deposits or investments of the funds of a volunteer fire district or department organized in an unincorporated area under Title 7, chapter 33, part 21 or 23, or of a fire service area or county fire department must be credited to the account of that fire district, service area, or department.

(3) Subject to subsection (1), interest paid and collected on the deposits or investments of any fund separately created and accounted for by a county, city, or town may be credited to the separately created fund proportionately to each fund's participation in the deposit or investment.
Mont. Code Ann. § 7-5-2144 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2144
7-5-2144 Membership in associations of county treasurers
Status: in_force

7-5-2144 . Membership in associations of county treasurers. (1) County treasurers may take out county membership in and cooperate with associations and organizations of county treasurers of this state for the furtherance of good government and the protection of county interests.

(2) All county treasurers of the state are allowed actual transportation expenses and per diem for attendance at any general meeting of the Montana association of county treasurers held within the state, and the proportionate expenses and charges against each county as a member of the association must be paid by the county.
Mont. Code Ann. § 7-21-4101 — MT Code / Title 7 / Chapter 21 / Part 41 / Section 7-21-4101
7-21-4101 General licensing power of municipalities
Status: in_force

7-21-4101 . General licensing power of municipalities. (1) The city or town council has power:

(a) to license by ordinance all industries, pursuits, professions, and occupations and to impose penalties for failure to comply with such license requirements;

(b) to fix the amount, terms, and manner of issuing and revoking licenses.

(2) The council may refuse to issue licenses when it may deem it best for the public interests.
Mont. Code Ann. § 7-6-4302 — MT Code / Title 7 / Chapter 6 / Part 43 / Section 7-6-4302
7-6-4302 Payment of claims by warrant or check
Status: in_force

7-6-4302 . Payment of claims by warrant or check. All accounts and demands against a city or town must be submitted to the council and, if found correct, must be allowed and an order must be made that the demand be paid. The demand must be paid in accordance with one of the following options:

(1) The mayor may draw a warrant upon the treasury in favor of the owner, specifying for what purpose and by what authority it is issued and out of what funds it is to be paid. The city treasurer or town clerk shall pay the warrant out of the proper fund.

(2) The city treasurer or town clerk may pay the demand by check when there are sufficient city funds on deposit in an interest-bearing checking account in a bank within the city or town that are available to cover the check.
Mont. Code Ann. § 7-12-4207 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4207
7-12-4207 Investment of interest and sinking fund money
Status: in_force

7-12-4207 . Investment of interest and sinking fund money. (1) The governing body of a city in which a special improvement district is located may invest interest and sinking fund money of the district in time deposits of a bank, savings and loan association, or credit union insured by the federal deposit insurance corporation or by the national credit union administration or invested in direct obligations of the United States government payable within 180 days from the time of investment.

(2) All interest collected on deposits or investments must be credited to the sinking fund from which the money was withdrawn.
Mont. Code Ann. § 7-16-2331 — MT Code / Title 7 / Chapter 16 / Part 23 / Section 7-16-2331
7-16-2331 Disbursement of money
Status: in_force

7-16-2331 . Disbursement of money. All money paid out by the park commissioners under the provisions of this part must be by warrant drawn upon the county treasury, which may be signed by the secretary and countersigned by the president or, in the president's absence, by the vice president of the board of park commissioners. Upon approval by a majority of the members of the board of park commissioners at a regular meeting of the board at which a quorum is in attendance and voting and with notice and report made to the board of county commissioners, authorized payments may be made by warrant drawn upon the county treasury, signed by the presiding officer of the board of county commissioners and countersigned by the county clerk and recorder.
Mont. Code Ann. § 7-14-4110 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4110
7-14-4110 Assessments for costs
Status: in_force

7-14-4110 . Assessments for costs. (1) The payment of assessments to defray the cost of construction of the sidewalks, curbs, and gutters referred to in 7-14-4109 or any combination of sidewalks, curbs, or gutters or alley approach may be spread over a period not to exceed 20 years. Payments must be made in equal annual installments.

(2) Before the first Monday of October each year, the city council shall adopt a resolution levying an assessment against each lot or parcel of land in front of which sidewalks, curbs, and gutters or any combination of sidewalks, curbs, or gutters has been constructed under orders of the city council or each lot or parcel of land having access to the property by way of the alley approach that has been constructed under orders of the city council. The resolution levying the assessment must be prepared and certified in the same manner as resolutions levying assessments for the making of improvements in special improvement districts.
Mont. Code Ann. § 7-22-2134 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2134
7-22-2134 Noncompliance -- actions by board
Status: in_force

7-22-2134 . Noncompliance -- actions by board. (1) The board may seek a court order to enter upon the infested parcels of the landowner's property if attempts to achieve voluntary compliance have been exhausted. The board may institute appropriate noxious weed control measures, including but not limited to:

(a) allowing the local weed district coordinator to implement the appropriate noxious weed control measures if the actions taken are valued at the current rate paid for commercial management operations in the district and are reflected in the bill sent to the landowner and the clerk and recorder; or

(b) contracting with a commercial applicator as defined in 80-8-102 if the issues of compliance are not resolved under an agreement proposed and accepted pursuant to 7-22-2132 and:

(i) the landowner does not take corrective action within the 10-day period provided for in 7-22-2133 ; or

(ii) the board does not receive a formal objection or the board of county commissioners does not receive a request for a hearing.

(2) A commercial applicator hired under this section shall carry all insurance required by the board.

(3) If a court issues an order approving a board's actions, the court retains jurisdiction over the matter:

(a) until the actions specified in the weed management plan or court order are complete;

(b) for the length of time specified in the order; or

(c) for 3 years if the order does not specify a time limit.

(4) After instituting appropriate noxious weed control measures, the board shall submit a copy of the bill, including the penalty provided for in subsection (4)(b), to the county clerk and recorder and, by certified mail, to the landowner that:

(a) covers the costs of the weed control measures;

(b) contains a penalty of 25% of the total cost incurred;

(c) itemizes the hours of labor, cost of material, equipment time, legal fees, and court costs or includes an invoice from a commercial applicator if the board contracted for weed control pursuant to subsection (1); and

(d) specifies that payment is due 30 days from the date the bill is received.

(5) If a landowner who received a notice to take corrective action requests an injunction or seeks to stay the corrective action in district court within 10 days of receipt of the notice, the board may not institute control measures until the matter is finally resolved, except in emergency situations.

(6) If the board declares an emergency and institutes appropriate measures to control the noxious weeds, the landowner who received the order is liable for costs as provided in subsection (4) only to the extent determined appropriate by the board, the board of county commissioners, or the court that finally resolves the matter.
Mont. Code Ann. § 7-32-127 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-127
7-32-127 Organization of public safety commission
Status: in_force

7-32-127 . Organization of public safety commission. (1) Not later than 60 days after the commission is authorized, the members of the commission shall meet and organize at a time that must be set by the board of county commissioners and the legislative body of the city or town.

(2) At the first meeting of the commission, the member jointly appointed by the board of county commissioners and the legislative body of the city or town must be designated by the commission to serve as temporary presiding officer. As its first official act, the commission members shall select a presiding officer and vice presiding officer from the members of the commission.

(3) The presiding officer of the commission shall preside over all meetings and hearings of the commission. In the absence or inability of the presiding officer, the vice presiding officer shall preside over all meetings and hearings of the commission.
Mont. Code Ann. § 7-6-403 — MT Code / Title 7 / Chapter 6 / Part 4 / Section 7-6-403
7-6-403 Exemptions
Status: in_force

7-6-403 . Exemptions. Section 7-6-402 does not apply to the following:

(1) interagency or intergovernmental transactions;

(2) claims subject to a good faith dispute;

(3) delinquencies due to natural disasters, disruptions in postal or delivery service, work stoppage due to labor disputes, power failures, or any other cause resulting from circumstances clearly beyond the control of the county or municipality;

(4) contracts entered into before October 1, 1985; or

(5) wages due and payable to county or municipal employees or payments from any retirement system created pursuant to Title 19.
Mont. Code Ann. § 7-34-2102 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2102
7-34-2102 Definitions
Status: in_force

7-34-2102 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Hospital facilities" means a hospital or a hospital-related facility, including outpatient centers for primary care, outpatient centers for surgical services, rehabilitation facilities, long-term care facilities, infirmaries, and health care facilities, all as defined in 50-5-101 . The term includes public health centers.

(2) "Public health center" means a publicly owned facility providing health services, including laboratories, clinics, and administrative offices.
Mont. Code Ann. § 7-12-4605 — MT Code / Title 7 / Chapter 12 / Part 46 / Section 7-12-4605
7-12-4605 Consideration of protest
Status: in_force

7-12-4605 . Consideration of protest. (1) At the next regular meeting of the city council after the expiration of the 15-day protest period provided for in 7-12-4604 , the city council shall proceed to hear and pass upon all protests, and its decision is final and conclusive. If the council finds that the owners of a majority of the property proposed to be assessed have protested on grounds of cost of the improvement, no further proceedings may be taken on the subject of such proposed improvement district for a period of at least 6 months from the date of expiration of the 15-day protest period.

(2) In determining whether or not sufficient protests have been filed to prevent further proceedings, property owned by a county, city, or town is considered the same as other property in the district.

(3) The city council may adjourn and reconvene the hearing on protests from time to time.
Mont. Code Ann. § 7-11-1025 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1025
7-11-1025 Notice of resolution for assessment -- assessment
Status: in_force

7-11-1025 . Notice of resolution for assessment -- assessment. (1) The governing body shall estimate, as near as practicable, the cost of each established special district annually by the later of the first Thursday after the first Tuesday in September or within 30 calendar days after receiving certified taxable values from the department of revenue.

(2) (a) The governing body shall pass and finally adopt a resolution specifying the special district assessment option and levying and assessing all the property within the special district with an amount equal to the annual cost of the program and improvements as provided in 7-6-4012 and 7-6-4013 .

(b) If the entity chosen to administer the special district is the governing body, the governing body may not charge more than 15% of the annual fees or assessments collected to administer the special district.

(3) The resolution levying the assessment to defray the cost of the special district must contain or refer to a list that describes the lot or parcel of land assessed with the name of the owner of the lot or parcel, if known, and the amount assessed.

(4) The resolution must be kept on file in the office of the clerk of the governing body.

(5) A notice, signed by the clerk of the governing body, stating that the resolution levying a special assessment or changing the method of assessment to defray the cost of the special district is on file in the clerk's office and subject to inspection must be published as provided in 7-1-2121 or 7-1-4127 . The notice must state the time and place at which objections to the final adoption of the resolution will be heard by the governing body and must contain a statement setting out the method of assessment being proposed for adoption or the change in assessment being proposed for adoption. The time for the hearing must be at least 5 days after the final publication of the notice.

(6) The notice and hearing process may be included in the local government's general budgeting process as provided in Title 7, chapter 6, part 40.

(7) At the time set, the governing body shall meet and hear all objections that may be made to the assessment or any part of the assessment, may adjourn from time to time for that purpose, and may by resolution modify the assessment.

(8) A copy of the resolution, certified by the clerk of the governing body, must be delivered to the department of revenue by the later of the first Thursday after the first Tuesday in September or within 30 calendar days after receiving certified taxable values from the department of revenue.
Mont. Code Ann. § 7-14-1002 — MT Code / Title 7 / Chapter 14 / Part 10 / Section 7-14-1002
7-14-1002 Transportation improvement authority
Status: in_force

7-14-1002 . Transportation improvement authority. (1) A county and a municipality within a county may, by joint resolution, create a transportation improvement authority authorized to exercise its functions upon the appointment and qualification of the first commissioners.

(2) (a) Except as provided in subsection (3), the resolution creating the transportation improvement authority must create a board of nine commissioners appointed as follows:

(i) two county officials appointed by the county commissioners;

(ii) two public members appointed by the county commissioners;

(iii) two municipal officials appointed by the governing body of the municipality;

(iv) two public members appointed by the governing body of the municipality; and

(v) one member appointed by the governor.

(b) The public members must be knowledgeable about transportation issues.

(c) The resolution must state the terms of the commissioners and their compensation, if any.

(3) A transportation improvement authority may be increased to serve one or more additional counties or municipalities if each additional county or municipality, each county and municipality included in the authority, and the commissioners of the authority adopt a joint resolution consenting to the increase. The number of additional commissioners to be appointed must be provided for in the joint resolution.

(4) A transportation improvement authority may be dissolved if each municipality and county included in the authority and the commissioners of the authority consent to the dissolution. Provisions must be made for the retention or disposition of the authority's assets and liabilities.

(5) A county or municipality may not adopt a resolution authorized by this section without a public hearing. Notice must be given as provided in 7-1-2121 or 7-1-4127 .
Mont. Code Ann. § 7-15-4260 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4260
7-15-4260 Exemption from levy and sale for certain property
Status: in_force

7-15-4260 . Exemption from levy and sale for certain property. All property of a municipality, including funds, owned or held by it for the purposes of this part and part 43 shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against a municipality be a charge or lien upon such property; provided, however, that the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given pursuant to this part or part 43 by a municipality on an urban renewal project or the rents, fees, grants, or revenues derived from these projects.
Mont. Code Ann. § 7-8-2213 — MT Code / Title 7 / Chapter 8 / Part 22 / Section 7-8-2213
7-8-2213 Terms of sale
Status: in_force

7-8-2213 . Terms of sale. (1) A sale under this part must be for cash or on terms that the board of county commissioners may approve, provided that at least 20% of the purchase price is paid in cash. All deferred payments on the purchase price of any personal property sold must bear interest at the rate of 6% a year, payable annually, and may be extended over a period of not more than 5 years.

(2) A sale may not be made at public auction or to any school district without public auction for less than 90% of the appraised value.

(3) The title to any property sold under the provisions of this part may not pass from the county until the purchaser or the purchaser's assigns have paid the full amount of the purchase price into the county treasury for the use and benefit of the county.
Mont. Code Ann. § 7-2-4709 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4709
7-2-4709 Hearing on question of annexation
Status: in_force

7-2-4709 . Hearing on question of annexation. (1) At the public hearing, a representative of the municipality as designated by the governing body shall first make an explanation of the report required in 7-2-4731 .

(2) Following such explanation, all persons resident or owning property in the territory described in the notice of public hearing and all residents of the municipality shall be given an opportunity to be heard.
Mont. Code Ann. § 7-33-2404 — MT Code / Title 7 / Chapter 33 / Part 24 / Section 7-33-2404
7-33-2404 Financing of fire service area -- fee on structures -- fee on undeveloped land
Status: in_force

7-33-2404 . Financing of fire service area -- fee on structures -- fee on undeveloped land. (1) In the resolution creating the fire service area and by resolution as necessary after creation of the fire service area, the board of county commissioners shall establish a schedule of rates to be charged to owners of structures and owners of undeveloped land that are benefited by the services offered by the fire service area.

(2) (a) The rates for structures must be applied on a fair and equal basis to all classes of structures benefited by the fire service area. The fee charged to owners of structures is intended to be primarily used for structural fire prevention and suppression.

(b) The rates for undeveloped land must be applied on a fair and equal basis to all classes of undeveloped land benefited by the fire service area. Undeveloped land does not include land located under structures subject to a fee under subsection (2)(a). The excluded land may not exceed 1 acre. The fee charged to owners of undeveloped land is intended to be primarily used for wildland fire prevention and suppression. The fee may not exceed 15 cents an acre up to a maximum of $250 for undeveloped land under single ownership. The fee may not be assessed on undeveloped land for which the owner pays a fee or tax to another public agency for wildland fire prevention and suppression.

(3) The board of county commissioners shall collect the funds necessary to operate the fire service area by charging the area rate as a special assessment on the owners of structures and undeveloped land and shall collect the assessments with the general taxes of the county. The assessments are a lien on the assessed property.

(4) The board of county commissioners or the trustees, if the fire service area is governed by trustees under 7-33-2403 , may pledge the income of the fire service area to secure financing necessary to procure equipment and buildings to house the equipment. The outstanding amount of the indebtedness may not exceed 1.1% of the total assessed value of taxable property, determined as provided in 15-8-111 , within the area, as ascertained by the last assessment for state and county taxes prior to the incurring of the indebtedness.

(5) If a fire service area is reduced or eliminated by annexation of all or a portion of the fire service area into a municipality, then the county commissioners or trustees of the fire service area shall notify the annexing municipality in order to prevent the property owners of the area to be annexed from assuming financial responsibility to both the municipality and the fire service area.
Mont. Code Ann. § 7-35-2139 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2139
7-35-2139 Bond requirements for trustees of fund
Status: in_force

7-35-2139 . Bond requirements for trustees of fund. (1) Before exercising or having any of the powers, duties, rights, titles, authorities, or franchises appertaining to the trust or trusteeship, each person chosen to be a trustee of the fund shall give to the public cemetery district for which the trust is maintained a bond in a sum equaling at least 1 1/3 times the value of the property on hand at the time of giving the bond, with good and sufficient sureties who shall justify in the aggregate in at least double the amount of the bond. The bond must be conditioned for the due and faithful performance of the trust until July 1 of the next even-numbered year after the year in which the bond is given and until the trustee gives a new bond as provided in this section.

(2) On July 1 in each even-numbered year, each trustee shall give a new bond conditioned, in an amount, and with sureties as provided in subsection (1).

(3) The bonds must be approved by a judge of the district court for the judicial district in which the cemetery for the trust exists or some part of the trust is situated and must be filed with the clerk of the district court of the county in which the cemetery is located.
Mont. Code Ann. § 7-15-4524 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4524
7-15-4524 Bond provisions related to determination and use of rents and fees
Status: in_force

7-15-4524 . Bond provisions related to determination and use of rents and fees. In connection with the issuance of bonds and/or the incurring of any obligation under a lease and in order to secure the payment of such bonds and/or obligations, the authority shall have power to:

(1) pledge by resolution, trust indenture, mortgage (subject to the limitations imposed in this part), or other contract all or any part of its rents, fees, or revenues;

(2) covenant against pledging all or any part of its rents, fees, and revenues to which its right then exists or the right to which may thereafter come into existence or against permitting or suffering any lien thereon;

(3) covenant as to the rents and fees to be charged, as to the amount (calculated as may be determined) to be raised each year or other period of time by rents, fees, and other revenues, and as to the use and disposition to be made thereof.
Mont. Code Ann. § 7-31-101 — MT Code / Title 7 / Chapter 31 / Part 1 / Section 7-31-101
7-31-101 Authorization for smoke abatement program
Status: in_force

7-31-101 . Authorization for smoke abatement program. It shall be lawful for any county or incorporated city or town in any county in this state where injurious and unhealthy smoke and fumes exist to make contracts for the abatement thereof and to issue and dispose of bonds for that purpose, subject to the limitations and conditions provided in this part.
Mont. Code Ann. § 7-14-1137 — MT Code / Title 7 / Chapter 14 / Part 11 / Section 7-14-1137
7-14-1137 Tax exemption
Status: in_force

7-14-1137 . Tax exemption. Any property in this state acquired by an authority for port purposes pursuant to the provisions of this part, any income derived by the authority from the ownership, operation, or control thereof, including property acquired, and income derived from organizations, including corporations organized under Title 32, chapter 4, whose purpose is to advance the economic development of its jurisdiction and of the state and its citizens, are exempt from taxation to the same extent as other property used for public purposes.
Mont. Code Ann. § 7-13-125 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-125
7-13-125 Term of assessment for costs of construction
Status: in_force

7-13-125 . Term of assessment for costs of construction. The payment of the assessment to defray the cost of constructing any improvements in said metropolitan sanitary and/or storm sewer district may be spread over a term of not to exceed 20 years, payment to be made in equal installments.
Mont. Code Ann. § 7-32-2201 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2201
7-32-2201 Establishing detention center -- detention center contract -- regional detention center -- authority for county to lease its property for detention center
Status: in_force

7-32-2201 . Establishing detention center -- detention center contract -- regional detention center -- authority for county to lease its property for detention center. For the confinement of lawfully committed persons, the governing body of a county may participate in or undertake one or more of the following:

(1) A detention center may be built or provided and kept in good repair at the expense of the county in each county, except that whenever in the discretion of the governing body of two or more local governments it is necessary or desirable to build, provide, or use a multijurisdictional detention center, they may do so in any of the jurisdictions concerned. The multijurisdictional detention center must be built or provided and kept in good repair at the expense of the local governments concerned on a basis as the governing bodies agree.

(2) A county or two or more local governments acting together may provide for the detention center allowed by subsection (1) by:

(a) establishing in the county government the position of detention center administrator and hiring a person, who is answerable to the governing body of the county, to fill the position or appointing the sheriff as detention center administrator; or

(b) entering into an agreement with a private party under which the private party will provide, maintain, or operate the detention center.

(3) The detention centers in this state are kept by the detention center administrators of the local governments in which they are situated. In the case of a multijurisdictional detention center as provided in subsection (1), the detention center must be kept by the local governments using the detention center on a basis as the governing bodies agree.

(4) The board of county commissioners has jurisdiction and power, under limitations and restrictions that are prescribed by law, to cause a detention center to be erected, furnished, maintained, and operated. The costs must be paid for out of the county treasury.

(5) The board of county commissioners has the power to lease to any person or entity any real or personal property of the county necessary or appropriate for use as a detention center. A lease of property entered into under this section must be for a period not to exceed 40 years.

(6) A county or two or more local governments acting together may enter into a lease-purchase agreement with a person or entity for a period not to exceed 20 years for the construction, furnishing, and purchasing of a detention center.
Mont. Code Ann. § 7-12-4403 — MT Code / Title 7 / Chapter 12 / Part 44 / Section 7-12-4403
7-12-4403 Alteration of maintenance districts
Status: in_force

7-12-4403 . Alteration of maintenance districts. When once defined, maintenance districts may not be changed during the same calendar year but may be changed by resolution in any succeeding year.
Mont. Code Ann. § 7-2-6102 — MT Code / Title 7 / Chapter 2 / Part 61 / Section 7-2-6102
7-2-6102 Alteration of district boundaries for inaccessibility
Status: in_force

7-2-6102 . Alteration of district boundaries for inaccessibility. (1) (a) A qualified petitioner may petition for the alteration of hospital district or school district boundaries due to an inability to access public services as provided in this part.

(b) A qualified petitioner may not petition to alter hospital district boundaries under the process provided in this part if any portion of the property identified in the petition for separation is subject to an active petition for withdrawal of land from a hospital district under 7-34-2156 .

(2) A petition for a hospital district under this part must provide for either the transfer of property from one hospital district to an existing hospital district or for the division of the existing hospital district as described in the petition and must follow the procedures provided for in 7-2-2801 , 7-2-2802 , and this part.

(3) A petition for a school district under this part must provide for the transfer of property to an existing school district as described in 20-6-105 .
Mont. Code Ann. § 7-3-153 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-153
7-3-153 Filing of approved plan
Status: in_force

7-3-153 . Filing of approved plan. (1) A copy of the new form of government or change in a plan of government that is proposed by petition and that is ratified by the voters and any apportionment plan or consolidation or merger plan must be certified by the presiding officer of the governing body and filed with the department of administration, the county records administrator, and the municipal records administrator if it is a municipal plan.

(2) The approved form of government or change in a plan of government filed with the department of administration is the official plan and is a public record open to inspection by the public and judicially noticeable by all courts.
Mont. Code Ann. § 7-3-501 — MT Code / Title 7 / Chapter 3 / Part 5 / Section 7-3-501
7-3-501 Commission-presiding officer form
Status: in_force

7-3-501 . Commission-presiding officer form. The commission-presiding officer form consists of an elected commission, which may also be referred to as the council, and a commission presiding officer, who may also be referred to as mayor or as president, elected by the members of the commission from their own number and serving at the pleasure of the commission.
Mont. Code Ann. § 7-15-4289 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4289
7-15-4289 Use of tax increments for bond payments -- public hearing requirement
Status: in_force

7-15-4289 . Use of tax increments for bond payments -- public hearing requirement. (1) The tax increment may be pledged to the payment of the principal of premiums, if any, and interest on bonds that the local government may issue for the purpose of providing funds to pay those costs.

(2) Prior to pledging tax increment to the payment of bonds that will extend the termination of the tax increment financing provision beyond the 15th year as provided in 7-15-4292 , the legislative body of the local government that approved adoption of the tax increment provision shall hold a public hearing on whether fulfillment of the urban renewal plan or targeted economic development district comprehensive development plan requires pledging tax increment to the payment of bonds. The local government shall provide notice of the public hearing to the county and school district in which the urban renewal area or targeted economic development district is located.
Mont. Code Ann. § 7-22-2301 — MT Code / Title 7 / Chapter 22 / Part 23 / Section 7-22-2301
7-22-2301 Destruction of insect pests authorized
Status: in_force

7-22-2301 . Destruction of insect pests authorized. The board of commissioners of any county of this state where there are any insect pests is hereby authorized and empowered to appoint some suitable person or persons whose duty it shall be, acting under the direction of the state department of agriculture, to poison, kill, catch, and exterminate insect pests within such county.
Mont. Code Ann. § 7-2-4408 — MT Code / Title 7 / Chapter 2 / Part 44 / Section 7-2-4408
7-2-4408 Applicability of part
Status: in_force

7-2-4408 . Applicability of part. (1) When the proceedings for annexation of territory to a municipality are instituted as provided in this part, the provisions of this part and no other apply, except where otherwise explicitly indicated.

(2) The governing body of the municipality to which territory is proposed to be annexed may in its discretion select one of the annexation procedures in parts 42 through 47 that is appropriate to the circumstances of the particular annexation. The municipal governing body must then follow the specific procedures prescribed in the appropriate part.
Mont. Code Ann. § 7-22-2143 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2143
7-22-2143 Determination of cost of weed control program
Status: in_force

7-22-2143 . Determination of cost of weed control program. Based on the board's recommendations, the commissioners shall determine and fix the cost of the control of noxious weeds in the district, whether the same be performed by the individual landowners or by the board.
Mont. Code Ann. § 7-3-4218 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4218
7-3-4218 Vacancies
Status: in_force

7-3-4218 . Vacancies. (1) Vacancies in the office of mayor or council member must be filled by appointment made by a majority vote of the remaining members of the council. If in filling a vacancy a tie vote should occur, then the person to fill the vacancy must be determined by lot in a manner that the council may provide.

(2) A person appointed to fill a vacancy shall hold office until the next general election and until a successor is elected and qualified. A person elected to fill a vacancy shall hold office until the expiration of the term for which the predecessor was elected.
Mont. Code Ann. § 7-3-1105 — MT Code / Title 7 / Chapter 3 / Part 11 / Section 7-3-1105
7-3-1105 Rules, ordinances, and resolutions of consolidated unit
Status: repealed

7-3-1105 . Rules, ordinances, and resolutions of consolidated unit. (1) Within 2 years after ratification of the consolidation, the governing body of the consolidated unit of local government shall revise, repeal, or reaffirm all rules, ordinances, and resolutions in force within the participating county, cities, and towns at the time of consolidation. Each rule, ordinance, or resolution in force at the time of consolidation must remain in force within the former geographic jurisdiction until superseded by action of the new governing body. Ordinances and resolutions relating to public improvements to be paid for in whole or in part by special assessments may not be repealed.

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

(b) The plan may allow the hunting of game animals and provide restrictions on the feeding of game animals.
Mont. Code Ann. § 7-14-4401 — MT Code / Title 7 / Chapter 14 / Part 44 / Section 7-14-4401
7-14-4401 Provision of bus service
Status: in_force

7-14-4401 . Provision of bus service. (1) Whenever a city or town is not being served by a bus company or operator operating on a regular schedule and under the jurisdiction of the public service commission or if the service is likely to be discontinued in the immediate future, the city or town council of the incorporated city or town:

(a) may contract an indebtedness of the city or town on the credit of the city or town by borrowing money or issuing bonds for the purchase, development, operation, or leasing of motorbuses and buslines for the transportation of passengers within the corporate limits of the cities and towns and to operate the same to any point or points beyond these limits not to exceed 8 miles measured along the route of the busline; and

(b) must have the power to enter into a contract or contracts or to enter into a lease or a lease and operating agreement with an independent carrier or independent carriers for the transportation of passengers by bus within the corporate limits of the city or town and to and from any point or points beyond the limits not to exceed 8 miles measured along the route of the busline or buslines.

(2) The 8-mile limitation imposed by this section may be exceeded if funded by an external funding source, such as the federal or state government or a nonprofit corporation, or to fulfill an interlocal agreement for bus service.
Mont. Code Ann. § 7-33-2402 — MT Code / Title 7 / Chapter 33 / Part 24 / Section 7-33-2402
7-33-2402 Area services
Status: in_force

7-33-2402 . Area services. (1) A fire service area created pursuant to 7-33-2401 may provide residents of the area with adequate and standard:

(a) (i) fire and emergency response equipment, personnel, facilities, and maintenance, for a fire service agency providing service to the area; or

(ii) fire protection by contracting for the services of a fire service agency; and

(b) emergency medical services and equipment, licensed by the department of public health and human services, and related personnel, facilities, and maintenance.

(2) A fire service area may, pursuant to 50-61-102 , submit a fire code and a plan for enforcement to the department of justice in order to be certified for local enforcement. However, an appointed board of trustees of a fire service area shall obtain approval of the county commissioners prior to submitting a fire code and a plan of enforcement to the department of justice.
Mont. Code Ann. § 7-2-4809 — MT Code / Title 7 / Chapter 2 / Part 48 / Section 7-2-4809
7-2-4809 Liability of excluded territory for existing indebtedness
Status: in_force

7-2-4809 . Liability of excluded territory for existing indebtedness. Such alteration shall not relieve any territory excluded from the limits of a city or town from its liability on account of any outstanding bonded indebtedness of such city or town or any indebtedness of any improvement district of which the excluded territory is a part, existing at the time of the passage of such resolution.
Mont. Code Ann. § 7-8-2112 — MT Code / Title 7 / Chapter 8 / Part 21 / Section 7-8-2112
7-8-2112 Written agreements for loan or lease of county tools and equipment
Status: in_force

7-8-2112 . Written agreements for loan or lease of county tools and equipment. Whenever county tools, machinery, or equipment are loaned or leased to private individuals, firms, associations, organizations, or corporations, they shall execute a written agreement stating the purpose of such loan or lease, the compensation to be paid the county, and that such tools, machinery, and equipment will be returned in good condition.
Mont. Code Ann. § 7-12-2301 — MT Code / Title 7 / Chapter 12 / Part 23 / Section 7-12-2301
7-12-2301 Rental provisions of municipal public sewer law applicable to rural districts
Status: in_force

7-12-2301 . Rental provisions of municipal public sewer law applicable to rural districts. The provisions of part 42 of chapter 13 referring to sewer rentals apply to special improvement districts for the constructing and maintaining and operating of sanitary sewers and storm sewers, and the powers conferred on councils in part 42 of chapter 13 are conferred on each board of county commissioners as far as those powers relate to sewer rentals.
Mont. Code Ann. § 7-13-4201 — MT Code / Title 7 / Chapter 13 / Part 42 / Section 7-13-4201
7-13-4201 Establishment of sewer systems
Status: in_force

7-13-4201 . Establishment of sewer systems. A sewer system may be established in a city or town, which system may be divided into public, district, and private sewers.
Mont. Code Ann. § 7-33-4111 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4111
7-33-4111 Tax levy for volunteer fire departments -- voted levy for volunteer firefighters' disability income insurance or workers' compensation coverage
Status: in_force

7-33-4111 . Tax levy for volunteer fire departments -- voted levy for volunteer firefighters' disability income insurance or workers' compensation coverage. (1) For the purpose of supporting volunteer fire departments in any city or town that does not have a paid fire department and for the purpose of purchasing the necessary equipment for them, the council in any city or town may, subject to 15-10-420 , levy, in addition to other levies permitted by law, a tax on the taxable value of all taxable property in the city or town.

(2) Subject to 15-10-425 , a city or town may levy a tax on the taxable value of all taxable property in the city or town for the purpose of purchasing disability income insurance coverage or workers' compensation coverage for volunteer firefighters of volunteer fire departments as provided in 7-6-621 .
Mont. Code Ann. § 7-14-234 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-234
7-14-234 Warrants to be used for payments
Status: in_force

7-14-234 . Warrants to be used for payments. Funds shall be paid out on warrants issued by direction of the board and signed by a majority of its membership.