Mont. Code Ann. § 7-12-4225 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4225
7-12-4225 Covenants to use revolving fund -- duration of revolving fund obligation -- factors to be considered
Status: in_force

7-12-4225 . Covenants to use revolving fund -- duration of revolving fund obligation -- factors to be considered. (1) In connection with the issuance of special improvement district bonds or sidewalk, curb, and alley approach warrants, the city or town council may undertake and agree:

(a) to make loans or advances from the revolving fund to the district fund involved in amounts sufficient to make good any deficiency in the bond and interest accounts, to the extent that funds are available;

(b) to provide funds for the revolving fund pursuant to the provisions of 7-12-4222 (1) by annually making a tax levy or, in lieu of the tax levy, a loan from the general fund, subject to the maximum limitations imposed by 7-12-4222 (1); and

(c) to retain in the revolving fund a balance of up to 10% of the then-outstanding special improvement district bonds and warrants secured by the revolving fund.

(2) The undertakings and agreements referred to in subsection (1) are binding upon the city or town with respect to the special improvement district bonds or sidewalk, curb, and alley approach warrants until the earlier of:

(a) the date on which all bonds or warrants of the issue and interest on the bonds or warrants have been fully paid or discharged in a bankruptcy case in which the special improvement district is the debtor; or

(b) the date that is the later of:

(i) the final stated maturity date of the bonds or warrants; or

(ii) the date on which all special assessments levied in the district have been either paid or discharged.

(3) The discharge of delinquent special assessments levied with respect to a particular lot or parcel is considered to have occurred upon:

(a) the issuance of a tax deed, as provided in 15-18-214 , or, if the county is the recipient of the tax deed, upon the sale, lease, or other disposition of the property by the county as provided in Title 7, chapter 8, part 22, 23, 24, or 25, or other applicable law;

(b) the discharge of the trust pursuant to 15-17-318 or upon the sale or lease of the property under 15-17-319 if the property in the district has been assigned to the city or town under Title 15, chapter 17, part 3; or

(c) payment in full of the allowed secured claim for the special assessments in a bankruptcy case in which the owner of the lot or parcel is the debtor.

(4) Prior to entering into the undertakings and agreements set forth in subsection (1), the city or town council shall take into consideration the following factors, including other circumstances that the city or town council may determine to be material to the public interest of securing the bonds or warrants by the revolving fund:

(a) the estimated market value of the lots, parcels, or tracts included in the district at the time that the district is created in comparison to the estimated market value of the lots, parcels, or tracts after the improvements are made;

(b) the diversity of ownership of property in the district;

(c) the amount of the special assessments proposed to be levied against each lot, parcel, or tract in the district in comparison to the estimated market value of the lot, parcel, or tract after the improvements are made;

(d) the amount of any outstanding special assessments against the property in the district;

(e) the amount of delinquencies in the payment of outstanding special assessments or property taxes levied against property in the district;

(f) the public benefit of the improvements proposed to be financed; and

(g) in the case of a district created to make improvements in a newly platted subdivision:

(i) the prior subdivision development experience and credit rating or credit history of the person developing the land; and

(ii) any contribution by property owners to the costs of the improvements or any security given by property owners to secure payment of special assessments levied in the district.

(5) Any findings or determinations with respect to the factors contained in subsection (4) made by the city or town council in a resolution authorizing the undertakings and agreements or the issuance of bonds or warrants are conclusive evidence that the city or town council has taken into consideration the factors required by subsection (4).

(6) In lieu of the undertakings and agreements set forth in subsection (1), the city or town council may determine in the resolution authorizing the issuance of the bonds or warrants that the revolving fund does not secure the bonds or warrants and that the bonds or warrants are payable solely from the district fund created for the bonds or warrants and do not have a claim against the revolving fund.
Mont. Code Ann. § 7-7-4433 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4433
7-7-4433 Sale of bonds
Status: in_force

7-7-4433 . Sale of bonds. (1) Bonds authorized to be issued under this part may be sold at a public or private sale as determined by the governing body pursuant to 17-5-107 at a price not less than that prescribed by the governing body, plus interest to the date of delivery of the bonds.

(2) Unless sold at a private sale, the bonds must be sold at public sale after notice of the sale.
Mont. Code Ann. § 7-6-614 — MT Code / Title 7 / Chapter 6 / Part 6 / Section 7-6-614
7-6-614 Procedure to close inactive funds
Status: in_force

7-6-614 . Procedure to close inactive funds. A county or municipal governing body may transfer balances from inactive funds and close the inactive funds.
Mont. Code Ann. § 7-14-244 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-244
7-14-244 Notice of hearing on question of dissolution of district
Status: in_force

7-14-244 . Notice of hearing on question of dissolution of district. (1) A notice of the hearing required by 7-14-243 (2)(a) must be published as provided in 7-1-2121 .

(2) The notice must state the time, date, place, and purpose of the hearing.
Mont. Code Ann. § 7-3-4364 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4364
7-3-4364 Salary of city manager
Status: in_force

7-3-4364 . Salary of city manager. The city manager shall receive such salary as may be fixed by ordinance of the commission, but such salary shall not be decreased during the term of office that the city manager is appointed for.
Mont. Code Ann. § 7-5-2308 — MT Code / Title 7 / Chapter 5 / Part 23 / Section 7-5-2308
7-5-2308 Department of administration as purchasing agent
Status: in_force

7-5-2308 . Department of administration as purchasing agent. The department of administration may serve as a purchasing agent for the county governing body by mutual consent of both parties.
Mont. Code Ann. § 7-12-4195 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4195
7-12-4195 Pooling of special improvement district bonds and sidewalk, curb, gutter, or alley approach bonds
Status: in_force

7-12-4195 . Pooling of special improvement district bonds and sidewalk, curb, gutter, or alley approach bonds. (1) If the city council determines by resolution that the pooling of bonds of one or more special improvement districts of the city with bonds issued to finance sidewalks, curbs, gutters, or alley approaches under 7-14-4109 will facilitate the sale of the bonds under more advantageous terms or with lower interest rates, the city may issue bonds of the district or districts and those sidewalk, curb, gutter, or alley approach bonds combined in a single offering. These bonds must be secured by the special improvement district revolving fund of the city.

(2) The title of the bonds issued pursuant to this section must denote that bonds have been pooled and must refer to the numbers of the district or districts and the additional improvements to be financed. The bonds must be drawn against a sinking fund that has separate accounts for each special improvement district and a separate account for those additional improvements combined for financing purposes, into which accounts must be payable the assessments levied in each of the districts or in respect of those improvements.
Mont. Code Ann. § 7-32-4109 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4109
7-32-4109 Temporary employment for persons doing police work
Status: in_force

7-32-4109 . Temporary employment for persons doing police work. The mayor of a city may, at any time when considered expedient, employ not to exceed two persons at one time for a period not to exceed 30 days to do police duty who are not members of the police department.
Mont. Code Ann. § 7-4-2213 — MT Code / Title 7 / Chapter 4 / Part 22 / Section 7-4-2213
7-4-2213 Inspection of official bonds
Status: in_force

7-4-2213 . Inspection of official bonds. (1) At a regular meeting of the board of county commissioners in March and September of each year, the board of county commissioners shall carefully examine all official bonds of all county and township officials then in force and effect and investigate the qualifications and financial condition and liability of all sureties on the bonds and their sufficiency.

(2) If it appears to the satisfaction of the board or a majority of the members of the board that any surety upon any bond has, since the approval and acceptance of the bond, died or withdrawn, left the state, disposed of all of the surety's property in this state, or become mentally ill, insolvent, financially embarrassed, or not good and responsible for the amount of the liability on the bond, the board shall immediately cause the clerk of the board to notify in writing the judge of the district court of that district of its action and conclusion and all facts in connection with and the reasons for the action.

(3) The judge shall take notice of and investigate the matter and take steps, by order to show cause or other order, citation, step, or action, as may be necessary to make the bond good and sufficient according to the requirements of law and ample security for the amount of the bond.
Mont. Code Ann. § 7-32-220 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-220
7-32-220 Appointment of reserve officer to full-time position
Status: in_force

7-32-220 . Appointment of reserve officer to full-time position. A reserve officer may be appointed as a full-time law enforcement officer through the procedures provided in Montana law for such appointments.
Mont. Code Ann. § 7-7-4266 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4266
7-7-4266 Procedure in case of insufficient tax levy -- individual liability of council members
Status: in_force

7-7-4266 . Procedure in case of insufficient tax levy -- individual liability of council members. (1) If the council of any city or town shall fail, neglect, or refuse in any year to make a levy sufficient to pay the interest on and principal of any issue or series of bonds as required by the provisions of 7-7-4265 , the holder of any bond of such issue or series or any taxpayer paying taxes on property situated in such city or town may apply to the district court of the county in which the city or town issuing such bonds is situated for a writ of mandate to compel the city or town council to make a proper and sufficient levy for such purposes.

(2) If, upon the hearing of such application, it shall appear to the satisfaction of the court that the city or town council has failed, neglected, or refused to make any levy whatever for such purposes or has made a levy but that the same is insufficient to raise the amount required to be raised for such purposes under the provisions of 7-7-4265 , the court shall determine the amount of the deficiency and shall issue a writ of mandate directed to and requiring such city or town council, at the next meeting thereof for the purpose of making and fixing city or town levies, to make and fix a tax levy against all taxable property in such city or town sufficient to raise the amount of such deficiency. This levy shall be in addition to the levy required to be made for the then-current fiscal year.

(3) Any costs which may be allowed or awarded the petition in any such proceeding shall be paid by the members of the city or town council and shall not be a charge against the city or town.
Mont. Code Ann. § 7-6-4003 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4003
7-6-4003 Budget and levies supplied to department of administration
Status: in_force

7-6-4003 . Budget and levies supplied to department of administration. (1) A local government shall submit a complete copy of the final budget together with a statement of tax levies to the department of administration by the later of October 1 or 60 days after receipt of taxable values from the department of revenue. The county clerk and recorder shall make this submission for counties.

(2) The local government shall use standard forms prescribed by the department of administration or may use an alternative budget format acceptable to the department of administration.
Mont. Code Ann. § 7-15-4411 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4411
7-15-4411 Effect of filing and recording application
Status: in_force

7-15-4411 . Effect of filing and recording application. When the application has been made, filed, and recorded as provided in 7-15-4409 and 7-15-4410 , the authority shall constitute a public body and a body corporate and politic under the name proposed in the application.
Mont. Code Ann. § 7-4-2712 — MT Code / Title 7 / Chapter 4 / Part 27 / Section 7-4-2712
7-4-2712 Prosecutorial duties
Status: in_force

7-4-2712 . Prosecutorial duties. The county attorney is the public prosecutor and shall:

(1) institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses when the county attorney has information that the offenses have been committed and for that purpose, whenever not otherwise officially engaged, must be present and assist the magistrate in cases of arrest and appear before and give advice to the grand jury whenever cases are presented to them for their consideration;

(2) draw all indictments and informations.
Mont. Code Ann. § 7-13-146 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-146
7-13-146 Preparation and filing of district budget
Status: in_force

7-13-146 . Preparation and filing of district budget. (1) Not less than 30 days prior to the date of the public hearing on the resolution, the county commissioners shall prepare and file in the office of the clerk and recorder of the county wherein the district is located and in the office of the board of county commissioners a complete, detailed budget for operation and maintenance of the system, showing all income and expenditures for the year prior to the hearing and all estimated income and expenditures for the next ensuing year which the levy is assessed.

(2) The provisions of law relating to county budgets and expenditures must be complied with by a metropolitan sanitary and/or storm sewer district.
Mont. Code Ann. § 7-15-4452 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4452
7-15-4452 Exercise of powers
Status: in_force

7-15-4452 . Exercise of powers. (1) An authority may exercise any or all of the powers herein conferred upon it, either generally or with respect to any specific housing project or projects, through or by an agent or agents which it may designate, including any corporation or corporations which are or shall be formed under the laws of this state, and for such purposes an authority may cause one or more corporations to be formed under the laws of this state or may acquire the capital stock of any corporation or corporations.

(2) Any corporate agent, all of the stock of which shall be owned by the authority or its nominee or nominees, may to the extent permitted by law exercise any of the powers conferred upon the authority herein.
Mont. Code Ann. § 7-4-2632 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2632
7-4-2632 Fee when recording done by mechanical means
Status: in_force

7-4-2632 . Fee when recording done by mechanical means. Except as provided in 7-2-2803 (4), whenever recording is done using a photographic or similar process, the county clerk and recorder shall charge $20 for the first page or fraction of a page and $10 a page for each additional page or fraction of a page.
Mont. Code Ann. § 7-6-2430 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2430
7-6-2430 Accounts to be examined, settled, and allowed
Status: in_force

7-6-2430 . Accounts to be examined, settled, and allowed. The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, at the regular meetings of the board, to examine, settle, and allow all accounts legally chargeable against the county, except salaries of officers, and order warrants to be drawn on the county treasury therefor and provide for the issuing of the same.
Mont. Code Ann. § 7-6-1541 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1541
7-6-1541 General powers of resort area district
Status: in_force

7-6-1541 . General powers of resort area district. (1) A resort area district may:

(a) have perpetual succession;

(b) sue and be sued in any court of competent jurisdiction;

(c) acquire by any legal means real and personal property necessary to the full exercise of its powers;

(d) make contracts, employ labor, and do all acts necessary for the full exercise of its powers; and

(e) issue and repay bonds as provided in 7-6-1542 .

(2) (a) Subject to subsection (2)(b), the board of directors for a resort area district that does not have perpetual succession may submit the question of extension of the term of the resort area district directly to the qualified electors in an election conducted in accordance with Title 13, chapter 1, part 5. If the electorate extends the term of the resort area district, the provisions of this part continue to apply.

(b) The board of directors may not submit a question to the qualified electors to extend the term of a resort area district until the expiration of at least one-half of the existing term of the resort tax, as provided for in 7-6-1504 . If a vote to extend the term fails, successive votes to extend the term may be taken no more than once each year.

(3) The board of directors may submit to the qualified electors of the resort area district the question of whether to levy the additional resort tax provided for in 7-6-1503 (1)(b)(i) for infrastructure. The election must be noticed as provided in 7-6-1504 and conducted as provided in 13-1-501 through 13-1-505 .

(4) The board of directors shall exercise the powers described in 7-6-1533 through 7-6-1536 , 7-6-1539 through 7-6-1544 , 7-6-1546 through 7-6-1548 , and 7-6-1550 .
Mont. Code Ann. § 7-5-4315 — MT Code / Title 7 / Chapter 5 / Part 43 / Section 7-5-4315
7-5-4315 Energy performance contracts exempt
Status: in_force

7-5-4315 . Energy performance contracts exempt. This part does not apply to solicitation and award of an investment grade energy audit or energy performance contract pursuant to Title 90, chapter 4, part 11, or to the construction or installation of conservation measures pursuant to the energy performance contract.
Mont. Code Ann. § 7-14-4661 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4661
7-14-4661 Bonds to be negotiable
Status: in_force

7-14-4661 . Bonds to be negotiable. All bonds issued under the provisions of this part shall be fully negotiable as provided by the Uniform Commercial Code--Investment Securities.
Mont. Code Ann. § 7-6-622 — MT Code / Title 7 / Chapter 6 / Part 6 / Section 7-6-622
7-6-622 County coal trust fund -- expenditure restrictions
Status: in_force

7-6-622 . County coal trust fund -- expenditure restrictions. (1) The governing body of a county receiving funding from coal-related activities may establish a county coal trust fund.

(2) Money received by a county from coal-related activities may be placed in the coal trust fund and may not be appropriated by the governing body until:

(a) a coal mining operation or coal-fired electric generation facility has permanently ceased mining-related or energy production-related activity; or

(b) the number of persons employed full-time in coal mining or coal-fired electric generation activities by the coal mining operation or coal-fired electric generation facility is less than 75% of the average number of persons employed full-time in activities by the operation or facility during the immediately preceding 5-year period.

(3) If the circumstances described in subsection (2)(a) or (2)(b) occur, the governing body of the county may use the remaining funds in the coal trust fund to:

(a) pay for outstanding capital project bonds or other expenses incurred prior to the end of activity or the reduction in the workforce described in subsection (2)(b);

(b) decrease property tax mill levies that are directly caused by the cessation or reduction of activity;

(c) promote diversification and development of the economic base within the jurisdiction of a local government unit through assistance to existing business for retention and expansion or to assist new business;

(d) attract new industry to the impact area;

(e) provide cash incentives for expanding the employment base of the area impacted by the changes in activity described in subsection (2); or

(f) provide grants or loans to other local government jurisdictions to assist with impacts caused by the changes in activity described in subsection (2).

(4) Except as provided in subsection (3)(b), money held in the coal trust fund may not be considered as cash balance for the purpose of reducing mill levies.

(5) Money in the coal trust fund must be invested as provided by law. Interest and income from the investment of money in the fund must be credited to the fund.
Mont. Code Ann. § 7-14-4722 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4722
7-14-4722 Treatment of installments due on bonds
Status: in_force

7-14-4722 . Treatment of installments due on bonds. (1) An uncollected installment shall be added to the succeeding installment and, together with interest and penalties, shall be payable therewith.

(2) All assessments of $25 or more not paid before the certification of assessments unpaid to the clerk shall bear interest from the date of the warrant at the same rate as that specified for the bonds in the resolution of intention. The interest shall be payable on June 1 and December 1 of each year immediately before the interest becomes due on the bonds, but the governing body may provide a plan whereby the interest may be collected in partial payments prior to the date it becomes due.
Mont. Code Ann. § 7-14-4601 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4601
7-14-4601 Findings and purpose
Status: in_force

7-14-4601 . Findings and purpose. (1) It is hereby determined and declared that excessive curb parking of motor vehicles in urban and metropolitan areas and the lack of adequate offstreet parking facilities in some cities is against the public interest.

(2) The purpose of this part is to provide means whereby cities in which additional offstreet parking facilities are considered necessary may obtain and provide same and whereby such cities may regulate onstreet and offstreet parking in a coordinated manner.
Mont. Code Ann. § 7-12-2120 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2120
7-12-2120 Maintenance of improvements
Status: in_force

7-12-2120 . Maintenance of improvements. (1) Whenever sanitary or storm sewers, lights or light systems, waterworks plants, water systems, sidewalks, or any other special improvements petitioned for or created by the state or federal government have been made, built, constructed, erected, or accomplished as provided in this part, the board of county commissioners under whose jurisdiction the district was created or supervised or directed shall adequately and suitably maintain and preserve the improvements and keep those improvements in proper repair and operation, by contract or otherwise.

(2) The whole cost of maintaining, preserving, and repairing improvements in any improvement district may, in the discretion of the board, be paid by assessing the entire district in the method provided for by 7-12-2108 .
Mont. Code Ann. § 7-3-154 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-154
7-3-154 Judicial review
Status: in_force

7-3-154 . Judicial review. Judicial review to determine the validity of the procedures whereby any charter or alternative plan of government is adopted may be initiated by petition in district court of 10 or more registered voters of the local government brought within 60 days after the election at which the charter or plan of government, revision, or amendment is approved. If no petition is filed within that period, compliance with all the procedures required by 7-3-121 through 7-3-123 , 7-3-125 , and 7-3-141 through 7-3-161 and the validity of the manner in which the charter or plan of government was approved is conclusively presumed. It is presumed that proper procedure was followed and all procedural requirements were met. The adoption of a charter or plan of government may not be considered invalid because of any procedural error or omission unless it is shown that the error or omission materially and substantially affected its adoption.
Mont. Code Ann. § 7-7-4268 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4268
7-7-4268 Redemption of bonds
Status: in_force

7-7-4268 . Redemption of bonds. (1) Whenever there is available money in any sinking and interest fund over and above the amount required for payment of principal and interest becoming due on the next interest payment date and sufficient to pay and redeem one or more of the outstanding bonds of the issue or series to which the sinking and interest fund belongs, which bonds are not yet due but are then redeemable or will become redeemable on or before the next interest payment date, the city treasurer or town clerk shall apply the available money in redemption of as many of the bonds as the available money will pay and redeem to a redemption date on or before the next interest payment date, as fixed by the city treasurer or town clerk.

(2) The city treasurer or town clerk shall notify the holder of the bond or bonds, if ownership of the bonds is registered or is otherwise known to the treasurer, the registered owners at their addresses as they appear in the bond registration books, and any bank or financial institution at which the bonds are payable, by mail sent at least 30 days before the redemption date, that bonds will be redeemed and paid on that date. A defect in or failure to give notice may not affect the validity of the proceedings for the redemption of a bond or principal installment not affected by the defect or failure. If the ownership of the bonds is not registered, the city treasurer or town clerk shall also publish in a newspaper of general circulation printed and published in the city or town and, if there is none, then in a newspaper of general circulation in the city or town printed and published in the county in which the city or town is situated a notice that the bond or bonds have been called for redemption and will be paid in full on the redemption date. The notice must be published once, not less than 30 days prior to the redemption date. If actual notice of the call has been received, the holder of a bond may waive published or mailed notice.

(3) If the bonds are payable at a bank or financial institution, the city treasurer or town clerk shall remit to the bank or financial institution, before the redemption date, an amount sufficient to pay and redeem the bonds. If the bonds are not presented for redemption and payment on the redemption date, interest ceases on that date if the funds have been deposited in the bank or financial institution.
Mont. Code Ann. § 7-3-222 — MT Code / Title 7 / Chapter 3 / Part 2 / Section 7-3-222
7-3-222 Terms of commission members
Status: in_force

7-3-222 . Terms of commission members. Commission members shall be elected for:

(1) concurrent terms of office; or

(2) overlapping terms of office.
Mont. Code Ann. § 7-2-4204 — MT Code / Title 7 / Chapter 2 / Part 42 / Section 7-2-4204
7-2-4204 Applicability of part
Status: in_force

7-2-4204 . 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. § 7-4-2707 — MT Code / Title 7 / Chapter 4 / Part 27 / Section 7-4-2707
7-4-2707 Contract for services of county attorney from another county
Status: in_force

7-4-2707 . Contract for services of county attorney from another county. The county commissioners of any county may, upon the consent of the county attorney, by agreement with the commissioners and county attorney of any other county, contract in writing to employ any other county attorney or attorney member of a county attorney's staff to perform civil or criminal legal services for the county at a reasonable rate. The provisions of this section are subject to the provisions of interlocal cooperative agreements.
Mont. Code Ann. § 7-6-1507 — MT Code / Title 7 / Chapter 6 / Part 15 / Section 7-6-1507
7-6-1507 Resort community tax -- property tax relief
Status: in_force

7-6-1507 . Resort community tax -- property tax relief. (1) Annually anticipated receipts from the resort tax must be applied to reduce the municipal property tax levy for the fiscal year in an amount equal to at least 5% of the resort tax revenues derived during the preceding fiscal year.

(2) A resort community that received more resort tax revenues than had been included in the annual municipal budget shall establish a municipal property tax relief fund. All resort tax revenues received in excess of the budget amount must be placed in the fund. The entire fund must be used to replace municipal property taxes in the ensuing fiscal year.
Mont. Code Ann. § 7-6-4422 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4422
7-6-4422 Authorization for collection of delinquent taxes by municipalities
Status: in_force

7-6-4422 . Authorization for collection of delinquent taxes by municipalities. (1) All cities in Montana which by ordinance provide for the collection of city taxes and assessments are hereby authorized and empowered to solicit payment, ask for, receive, and receipt for delinquent taxes and assessments due any such city.

(2) Upon receipt of payment for delinquent taxes and assessments by the city treasurer of such city, it shall be the duty of such city treasurer to immediately certify to the county treasurer of the county in which such city is situated:

(a) the fact of such payment with the amount thereof;

(b) a description of the property charged with such delinquent taxes or assessments so paid; and

(c) the name of the person to whom the same were assessed.

(3) Nothing in this section is intended to or shall prevent the county treasurer of the county in which such city is situated from collecting such delinquent taxes or assessments, but this section is intended as an aid to the collector of such delinquent taxes and assessments.
Mont. Code Ann. § 7-12-4427 — MT Code / Title 7 / Chapter 12 / Part 44 / Section 7-12-4427
7-12-4427 Hearing on resolution for assessment of costs
Status: in_force

7-12-4427 . Hearing on resolution for assessment of costs. (1) At the time so set, the council shall meet and hear all objections which may be made to such assessment or any part thereof and may adjourn from time to time for that purpose and may by resolution modify such assessment in whole or in part.

(2) A copy of the resolution, certified by the city clerk, must be delivered to the financial officer, and the assessments shall be placed upon the tax roll and collected in the same manner as other taxes.
Mont. Code Ann. § 7-13-2308 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2308
7-13-2308 Payment of tax under protest -- action to recover
Status: in_force

7-13-2308 . Payment of tax under protest -- action to recover. (1) When the tax is considered unlawful for any reason by the person whose property is taxed, whether or not the person has protested the tax at the hearing provided for in 7-13-2306 (4), the person may pay the tax or the installments of the tax under protest in the manner provided by 15-1-402 and, within the time prescribed and in the manner provided by 15-1-402 , may commence an action to recover the tax or installments and in that action may contest and litigate the payment of the tax on the same grounds and for the same reasons stated in the written protest and for no other reasons and on no other grounds.

(2) All of the provisions of 15-1-402 for the retention or refunding of taxes paid under protest apply to taxes paid under protest under this section.
Mont. Code Ann. § 7-11-1012 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1012
7-11-1012 Certificate of establishment
Status: in_force

7-11-1012 . Certificate of establishment. (1) On receipt of the certificate referred to in 7-11-1011 (6), the secretary of state shall, within 10 days, issue a certificate reciting that the specified district has been established according to the laws of the state of Montana. A copy of the certificate must be transmitted to and filed with the clerk and recorder of the county or counties in which the district is situated.

(2) When the certificate is issued by the secretary of state, the district named in the certificate is established with all the rights, privileges, and powers set forth in 7-11-1021 .
Mont. Code Ann. § 7-14-4658 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4658
7-14-4658 Incorporation by reference of indenture in all contracts
Status: in_force

7-14-4658 . Incorporation by reference of indenture in all contracts. Every contract entered into by the commission for the use of any project or the services or facilities thereof acquired, constructed, or completed from the proceeds of the sale of revenue bonds shall incorporate by reference the provisions of any indenture pursuant to which the bonds were issued.
Mont. Code Ann. § 7-12-4402 — MT Code / Title 7 / Chapter 12 / Part 44 / Section 7-12-4402
7-12-4402 Creation of maintenance districts
Status: in_force

7-12-4402 . Creation of maintenance districts. A resolution shall be adopted dividing the whole or any part of the city or town into maintenance districts, to be known and designated by number. Said resolution shall plainly define the boundaries of the district or districts and describe the streets, alleys, and public places or any part thereof constituting the district or districts.
Mont. Code Ann. § 7-13-4105 — MT Code / Title 7 / Chapter 13 / Part 41 / Section 7-13-4105
7-13-4105 Regulation of vaults, cisterns, hydrants, pumps, sewers, and gutters
Status: in_force

7-13-4105 . Regulation of vaults, cisterns, hydrants, pumps, sewers, and gutters. The city or town council has power to regulate the construction, use, and repair of vaults, cisterns, hydrants, pumps, sewers, and gutters.
Mont. Code Ann. § 7-23-103 — MT Code / Title 7 / Chapter 23 / Part 1 / Section 7-23-103
7-23-103 Local government cooperation in the operation of pounds
Status: in_force

7-23-103 . Local government cooperation in the operation of pounds. The board of county commissioners may enter into contracts with municipal corporations for the use by the county or by the municipal corporation of the impounding facilities of the other.
Mont. Code Ann. § 7-6-4603 — MT Code / Title 7 / Chapter 6 / Part 46 / Section 7-6-4603
7-6-4603 Investment of municipal money in city or town warrants
Status: in_force

7-6-4603 . Investment of municipal money in city or town warrants. (1) Except as provided in 7-7-4102 , whenever the city or town has, under its control and in any fund, any money for which there is no immediate demand and that, in the judgment of the city or town council, it would be advantageous to invest in city or town warrants, the city or town council may direct the city treasurer or town clerk to purchase legally issued city or town general obligation warrants of the same city or town issued against funds in which there are not sufficient funds to pay the city or town warrants at the time of issuance.

(2) (a) If warrants are purchased, the city or town council shall designate the fund or funds to be invested and shall fix the amount of investment and shall also designate the city or town warrants that are to be purchased by the funds. The city or town clerk shall cause to be attached to or stamped, written, or printed upon the warrants ordered to be purchased a notice to the effect that the city or town will exercise its preference right to purchase the warrant.

(b) The city treasurer or town clerk shall, when the city or town warrant is presented, purchase the warrant out of the proper fund as designated by the city or town council. The warrant purchased must be registered as other city or town warrants and bear interest as provided by law.

(3) When the designated amounts have been invested, the city treasurer shall notify the city clerk.
Mont. Code Ann. § 7-12-2154 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2154
7-12-2154 Payment of damages incurred as result of improvements
Status: in_force

7-12-2154 . Payment of damages incurred as result of improvements. Whenever the owner or anyone interested in property situated in the special improvement district, after filing with the county clerk a written notice claiming that the person's property has been damaged, is awarded or recovers any amount because of damages sustained by the property because of the construction of an improvement in the special improvement district and before the resolution levying the assessment to defray the cost of making the improvement in the district is passed and adopted by the board of county commissioners, the amount ordered to be recovered must be added to and constitute a part of making the improvements. However, if the resolution levying the assessment to defray the cost and expenses of making the improvement has been passed and adopted by the board, it shall pass and adopt a supplemental resolution levying an additional assessment against the property in the district for the purpose of paying the amount awarded, and the supplemental resolution must be made in the same manner and prepared and certified the same as the original resolution levying the assessment to defray the cost of making the improvements.
Mont. Code Ann. § 7-4-4112 — MT Code / Title 7 / Chapter 4 / Part 41 / Section 7-4-4112
7-4-4112 Filling of vacancy
Status: in_force

7-4-4112 . Filling of vacancy. (1) When a vacancy occurs in any elective office, this position is considered open and subject to nomination and election at the next general municipal election in the same manner as the election of any other person holding the same office, except the term of office is limited to the unexpired term of the person who originally created the vacancy. Pending an election and qualification, the council shall, by a majority vote of the members, appoint a person within 30 days of the vacancy to hold the office until a successor is elected and qualified.

(2) If all council positions become vacant at one time, the board of county commissioners shall appoint persons within 5 days to hold office as a city council member. The appointed city council member shall then appoint persons to any other vacant elective offices.

(3) A vacancy in the office of city council member must be filled from the ward in which the vacancy exists.
Mont. Code Ann. § 7-21-2104 — MT Code / Title 7 / Chapter 21 / Part 21 / Section 7-21-2104
7-21-2104 Lien arising from license
Status: in_force

7-21-2104 . Lien arising from license. (1) All property held or used in any trade, occupation, or profession for which a license is required by the provisions of this part is liable for such license and subject to a lien for the amount thereof. This lien has precedence of any other lien, claim, or demand.

(2) If any person fails or refuses to procure a license before the transaction of the business specified, the county treasurer must seize such property or any other property belonging to such person and sell the same in the manner provided in 15-17-911 .
Mont. Code Ann. § 7-2-2804 — MT Code / Title 7 / Chapter 2 / Part 28 / Section 7-2-2804
7-2-2804 Order for election -- registered electors entitled to vote
Status: in_force

7-2-2804 . Order for election -- registered electors entitled to vote. (1) Upon execution of an interlocal agreement under 7-2-2803 (2), the boards of county commissioners in the adjoining counties for which boundary changes are proposed shall, after providing public notice pursuant to 7-1-2121 in the county seat of each adjoining county, hold a public hearing in the area proposed to be moved from one county to another in order to accept comment on the proposed cost of compliance with 7-2-2807 as stated in the interlocal agreement pursuant to 7-2-2803 (2). After the public hearing, the boards of county commissioners shall order and give notice of an election to be held for the purpose of determining whether or not to change the boundaries of the adjoining counties.

(2) All registered electors of the adjoining counties are entitled to vote at the election.

(3) The notice must require that the ballot contain the legal description of the proposed boundary change, together with any descriptive name or names for the property that may be in common use.

(4) The election must be conducted in conformance with Title 13, chapter 1, part 4.
Mont. Code Ann. § 7-15-4257 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4257
7-15-4257 Authority to enter private property
Status: in_force

7-15-4257 . Authority to enter private property. (1) Every municipality shall have power, within the municipality, to enter upon any building or property in any urban renewal area in order to make surveys and appraisals and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted.

(2) Such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
Mont. Code Ann. § 7-7-4303 — MT Code / Title 7 / Chapter 7 / Part 43 / Section 7-7-4303
7-7-4303 Term of refunding general obligation bonds
Status: in_force

7-7-4303 . Term of refunding general obligation bonds. (1) Except as provided in subsection (2), when bonds are issued for the purpose of refunding bonds theretofore issued and outstanding, such bonds shall not be issued for a longer term than 10 years.

(2) If the unexpired term of the bonds to be refunded shall be more than 10 years, the refunding bonds may be issued for such unexpired term.
Mont. Code Ann. § 7-21-3307 — MT Code / Title 7 / Chapter 21 / Part 33 / Section 7-21-3307
7-21-3307 Gross proceeds charge
Status: in_force

7-21-3307 . Gross proceeds charge. (1) A producer of products using the marketplace established under the provisions of this part shall pay or cause to be paid, at the close of each day's business, to the market master a charge of 5% of the person's gross sales.

(2) The funds collected by the market master must be turned in to the county treasury to the credit of the county market fund and must be used by the county treasurer toward the payment of the expenses of operating and maintaining the public market.
Mont. Code Ann. § 7-4-2821 — MT Code / Title 7 / Chapter 4 / Part 28 / Section 7-4-2821
7-4-2821 Fees of county surveyor
Status: in_force

7-4-2821 . Fees of county surveyor. The board of county commissioners shall set the county surveyor's fees by resolution.
Mont. Code Ann. § 7-31-105 — MT Code / Title 7 / Chapter 31 / Part 1 / Section 7-31-105
7-31-105 Modification of contract
Status: in_force

7-31-105 . Modification of contract. In the event it shall be found expedient and proper in executing said contract to modify or change the same in some of the minute details thereof and such modifications or changes shall be agreed upon by the parties thereto, the same may be made with the approval of the judge or judges of the district forming such county or the judge or judges of the district in which such county or incorporated city or town is included and, when so approved, shall have the same force and effect as if originally contained therein.
Mont. Code Ann. § 7-34-2416 — MT Code / Title 7 / Chapter 34 / Part 24 / Section 7-34-2416
7-34-2416 Tax-exempt status of bonds
Status: in_force

7-34-2416 . Tax-exempt status of bonds. Bonds issued by a county pursuant to the provisions of 7-34-2411 and 7-34-2413 through 7-34-2418 are declared to be issued for an essential public and governmental purpose by a political subdivision.
Mont. Code Ann. § 7-34-2132 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2132
7-34-2132 Hospital district budget
Status: in_force

7-34-2132 . Hospital district budget. The board of hospital trustees shall annually present their budget to the board of county commissioners at the regular budget meetings as prescribed by law and therewith certify the amount of money necessary and proper for the ensuing year.
Mont. Code Ann. § 7-21-3303 — MT Code / Title 7 / Chapter 21 / Part 33 / Section 7-21-3303
7-21-3303 Opening of public market
Status: in_force

7-21-3303 . Opening of public market. A board of county commissioners availing themselves of the provisions of this part shall, as soon as the necessary lands and premises have been acquired, cause to be opened and maintained at the county seat and in the quarters acquired an open public market for the benefit of the farmers, gardeners, and actual producers of farm products. The market is for the sale by the producers directly to the consumers of butter, eggs, cheese, meats, vegetables, and all other farm products raised or produced for domestic consumption.
Mont. Code Ann. § 7-16-2108 — MT Code / Title 7 / Chapter 16 / Part 21 / Section 7-16-2108
7-16-2108 Authorization to levy tax and establish fund for establishment and maintenance of programs and employee training for day-care facilities
Status: in_force

7-16-2108 . Authorization to levy tax and establish fund for establishment and maintenance of programs and employee training for day-care facilities. (1) Subject to 15-10-420 , the governing body of a county, city, town, or municipality may establish a fund to establish and maintain programs for the operation of licensed day-care centers and homes within the geographic boundaries of the governing body by a levy on the taxable property within the county, city, town, or municipality. The tax levy is in addition to all other tax levies.

(2) The governing body may, by resolution, make expenditures from the fund as it may from time to time determine, provided that expenditures must be made solely for the establishment, maintenance, and development of programs for and training of operators and employees of day-care centers and homes.
Mont. Code Ann. § 7-2-2205 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2205
7-2-2205 Petition for creation of new county -- number of signatures required
Status: in_force

7-2-2205 . Petition for creation of new county -- number of signatures required. (1) Whenever it is desired to divide any county or counties and form a new county out of a portion of the territory of the then-existing county or counties, a petition shall be presented to the board of county commissioners of the county from which the new county is to be formed, in case said proposed new county is to be formed from but one county, or to the board of county commissioners of the county from which the largest area of territory is proposed to be taken for the formation of such new county, in case said new county is to be formed from portions of two or more existing counties.

(2) (a) If the proposed new county is to be formed from a portion of only one existing county, the petition must be signed by at least 50% of the registered electors of the proposed new county.

(b) If the proposed new county is to be formed from portions of two or more counties, separate petitions shall be presented from the territory taken from each county, and each of the petitions shall be signed by at least 50% of the registered electors of the proposed portions.

(c) If the proposed new county is to be an existing county enlarged by territory taken from one or more other counties, a separate petition must be presented from each such territory, and each petition must be signed by at least 50% of the registered electors of the territory.

(3) For the purpose of determining the number of signatures needed on a petition to meet the percentage requirements of this section, the number of registered electors in a territory proposed to be included in a new county is the number of people registered to vote in that territory in the most recent general election.
Mont. Code Ann. § 7-14-4622 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4622
7-14-4622 Powers of parking commission related to provision of parking services
Status: in_force

7-14-4622 . Powers of parking commission related to provision of parking services. For the purpose of offstreet parking, each parking commission, subject to the limitations imposed by this part, may:

(1) purchase, lease, obtain option upon, or acquire by gift, grant, bequest, devise, or otherwise any real or personal property or any interest in real or personal property, together with any improvements on real property;

(2) subject to 7-14-4626 , acquire by the exercise of the power of eminent domain, as provided in Title 70, chapter 30, any property upon approval of the city council;

(3) sell, lease, exchange, transfer, assign, or otherwise dispose of any real or personal property or any interest in real or personal property;

(4) lay out, open, extend, widen, straighten, establish, or change the grade, in whole or in part, of public parking facilities and public rights-of-way necessary or convenient for offstreet parking;

(5) insure or provide for the insurance of any real or personal property or operation of the parking commission against risks or hazards;

(6) acquire, construct, rent, lease, maintain, and repair real and personal property used for parking services, either on behalf of the parking commission or as an agent of the city, including the leasing of the operation of the offstreet parking;

(7) regulate onstreet parking when it remains in use, in coordination with offstreet parking, subject to traffic regulations imposed by the state.
Mont. Code Ann. § 7-32-4311 — MT Code / Title 7 / Chapter 32 / Part 43 / Section 7-32-4311
7-32-4311 Maintenance of police telegraph
Status: in_force

7-32-4311 . Maintenance of police telegraph. The city or town council has power to maintain a police telegraph.
Mont. Code Ann. § 7-31-116 — MT Code / Title 7 / Chapter 31 / Part 1 / Section 7-31-116
7-31-116 Payment of bonds and other obligations
Status: in_force

7-31-116 . Payment of bonds and other obligations. (1) The faith of the county or incorporated city or town issuing bonds under the provisions of this part is solemnly pledged for the payment of the principal and interest according to the tenure of said bonds and the coupons attached to the same.

(2) The board of county commissioners of the county or council of the incorporated city or town issuing said bonds:

(a) shall ascertain and levy and assess a tax sufficient to pay the interest upon said bonds, which shall become a lien and be collected as other taxes; and

(b) shall form such sinking fund for the payment of the principal thereof as may be necessary and proper, in the manner provided by law or ordinance, which shall be kept as a separate fund.

(3) All bonds, coupons, orders, and warrants issued and drawn under the provisions of this part shall be promptly paid, registered, and entered in books kept for that purpose, with correct and proper entries made in respect thereto, and the same, when paid, shall be canceled and preserved, with proper entries made thereof, as provided by law in cases of other bonds, warrants, and orders.
Mont. Code Ann. § 7-13-3037 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3037
7-13-3037 Loans from reserve fund to bond fund as lien
Status: in_force

7-13-3037 . Loans from reserve fund to bond fund as lien. (1) Whenever a loan is made to the bond fund from the reserve fund, the reserve fund has a lien for the amount of the loan on:

(a) the land within the district that is delinquent in the payment of its assessments;

(b) unpaid assessments and installments of assessments on the district, whether delinquent or not; and

(c) money coming into the bond fund to the amount of the loan, together with interest on the loan from the time it was made at the rate or percentage payable by the bond or of interest on the bond for which the loan was made.

(2) If after all the bonds of the district have been fully paid and all money remaining in the bond fund has been transferred to the reserve fund, there still remains a debt from the district to the reserve fund, the governing body may foreclose the lien upon property within the district owing unpaid assessments to the district for the purpose of paying off the loan to the reserve fund.
Mont. Code Ann. § 7-7-141 — MT Code / Title 7 / Chapter 7 / Part 1 / Section 7-7-141
7-7-141 Qualified energy conservation bonds
Status: in_force

7-7-141 . Qualified energy conservation bonds. (1) Subject to the conditions and provisions contained in section 54D of the Internal Revenue Code, 26 U.S.C. 54D, as amended by the American Recovery and Reinvestment Act of 2009, Public Law 111-5, and the availability of an allocation, cities and counties are authorized to issue qualified energy conservation bonds to finance projects for qualified energy conservation purposes and are authorized to undertake the qualified energy conservation purposes and programs within the meaning of the section 54D of the Internal Revenue Code, 26 U.S.C. 54D, as amended by the American Recovery and Reinvestment Act of 2009, Public Law 111-5.

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

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

(b) if the bonds to be issued under this section are payable from and secured solely by the revenue derived or generated from a qualified energy conservation program or project, they must be authorized in accordance with the provisions of Title 7, chapter 7, part 44;

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

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

(e) if the bonds are industrial development revenue bonds of the issuer, the bonds must be authorized in accordance with the provisions of Title 90, chapter 5, part 1.
Mont. Code Ann. § 7-13-4204 — MT Code / Title 7 / Chapter 13 / Part 42 / Section 7-13-4204
7-13-4204 Rental charges for use of sewer system -- election required
Status: in_force

7-13-4204 . Rental charges for use of sewer system -- election required. (1) Upon being petitioned by 5% of the registered electors who are residents of the city or town, the city or town council shall conduct an election in accordance with Title 13, chapter 1, part 5, on the question of whether or not the city or town council may establish and collect rentals for the use of the sewer system, may fix the scale of the rentals, and may prescribe the manner and time at which the rentals must be paid:

(a) to provide the sewer fund;

(b) to provide for the retirement of the bonds and the payment of the interest on the bonds; or

(c) for any purpose mentioned in this section.

(2) If a majority of votes cast are in favor of the proposition, then the city or town council may establish and collect rentals for the use of the sewer system, may fix the scale of rentals, may prescribe the manner and time at which the rentals should be paid, and may change the scale of rentals from time to time as considered advisable.

(3) The revenue provided in this section is in addition to and not exclusive of other revenue that may be legally collected for sewer payment.
Mont. Code Ann. § 7-5-106 — MT Code / Title 7 / Chapter 5 / Part 1 / Section 7-5-106
7-5-106 Ordinance veto procedure
Status: in_force

7-5-106 . Ordinance veto procedure. If the plan of government allows the chief executive to veto an ordinance, this power must be exercised in writing prior to the next regularly scheduled meeting of the governing body. Whenever the chief executive vetoes an ordinance, the governing body must act at the next regularly scheduled meeting to either override or confirm the veto. Whenever the veto is overridden or the executive fails to act, the ordinance shall take effect.
Mont. Code Ann. § 7-13-2207 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2207
7-13-2207 Effect of certain irregularities
Status: in_force

7-13-2207 . Effect of certain irregularities. No defect in the contents of the petition or in the title to or form of the notice or signatures or lack of signatures thereto shall vitiate any proceedings thereon, provided such petition or petitions have a sufficient number of qualified signatures attached thereto.
Mont. Code Ann. § 7-33-1902 — MT Code / Title 7 / Chapter 33 / Part 19 / Section 7-33-1902
7-33-1902 Qualifications of paid firefighters -- tobacco use
Status: in_force

7-33-1902 . Qualifications of paid firefighters -- tobacco use. (1) (a) A paid firefighter hired on or after July 1, 2019, must be tobacco-free.

(b) The requirements of subsection (1)(a) must be verified through a physical exam as required in 7-33-4107 .

(2) (a) A paid firefighter hired prior to July 1, 2019, who uses tobacco shall take a tobacco cessation course once every 4 years. The tobacco cessation course must be provided through programs for tobacco disease prevention as described in 17-6-602 .

(b) A paid firefighter hired prior to July 1, 2019, shall provide proof of participation in a tobacco cessation course to the firefighter's department.
Mont. Code Ann. § 7-3-157 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-157
7-3-157 General transition provisions
Status: in_force

7-3-157 . General transition provisions. (1) The governing body shall prepare an advisory plan for orderly transition to a new form of government or plan of government proposed by petition. The transition plan may propose necessary ordinances, plans for consolidation of services and functions, and a plan for reorganizing boards, departments, and agencies.

(2) The governing body of a local government may enact and enforce ordinances to bring about an orderly transition to the new form of government or plan of government, including transfer of powers, records, documents, properties, assets, funds, liabilities, or personnel. These ordinances are to be consistent with the approved plan and necessary or convenient to place it into full effect. Whenever a question arises concerning transition that is not provided for, the governing body may provide for the transition by ordinance, rule, or resolution not inconsistent with law.
Mont. Code Ann. § 7-5-4106 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4106
7-5-4106 Power of condemnation
Status: in_force

7-5-4106 . Power of condemnation. The city or town council may condemn private property for any public use listed in 70-30-102 . The ordinance authorizing the taking of private property for a public use is conclusive as to the necessity of the taking and must conform to and be conducted as provided in Title 70, chapters 30 and 31, concerning eminent domain.
Mont. Code Ann. § 7-13-2233 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2233
7-13-2233 Qualifications of directors
Status: in_force

7-13-2233 . Qualifications of directors. (1) To be eligible for election or appointment to a board of directors, an individual must be:

(a) registered to vote as required by law;

(b) 18 years of age or older;

(c) a citizen of the United States; and

(d) a resident of the district or an owner of real property in the district who is a resident of the state of Montana. An individual is an owner of real property in the district if the real property is titled in either an individual name or held in a corporation, partnership, limited liability company, or trust in which the individual is an officer, partner, member, or trustee.

(2) An individual appointed to a board of directors as a nonvoting ex officio member as provided in 7-13-2230 must meet the requirements of this section except that the individual may reside outside the boundaries of the district and is not required to own property in the district.

(3) An individual appointed by a municipality to a board of directors pursuant to 7-13-2232 (4) must have knowledge of the municipal water system.
Mont. Code Ann. § 7-6-202 — MT Code / Title 7 / Chapter 6 / Part 2 / Section 7-6-202
7-6-202 Investment of public money
Status: in_force

7-6-202 . Investment of public money. (1) A municipal group self-insurance program that may include consolidated governments established pursuant to an interlocal agreement may follow the investment standards provided in Title 33, chapter 12, parts 1 through 3, to invest public money that is not required for immediate use by the municipal group self-insurance program.

(2) A local governing body may invest public money not necessary for immediate use by the county, city, or town in the following eligible securities:

(a) United States government treasury bills, notes, and bonds and in United States treasury obligations, such as state and local government series (SLGS), separate trading of registered interest and principal of securities (STRIPS), or similar United States treasury obligations;

(b) United States treasury receipts in a form evidencing the holder's ownership of future interest or principal payments on specific United States treasury obligations that, in the absence of payment default by the United States, are held in a special custody account by an independent trust company in a certificate or book-entry form with the federal reserve bank of New York; or

(c) obligations of the following agencies of the United States, subject to the limitations in subsection (3):

(i) federal home loan bank;

(ii) federal national mortgage association;

(iii) federal home mortgage corporation; and

(iv) federal farm credit bank.

(3) An investment in an agency of the United States is authorized under this section if the investment is a general obligation of the agency and has a fixed or zero-coupon rate and does not have prepayments that are based on underlying assets or collateral, including but not limited to residential or commercial mortgages, farm loans, multifamily housing loans, or student loans.

(4) The local governing body may invest in a United States government security money market fund if:

(a) the fund is sold and managed by a management-type investment company or investment trust registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 through 80a-64), as may be amended;

(b) the fund consists only of eligible securities as described in this section;

(c) the use of repurchase agreements is limited to agreements that are fully collateralized by the eligible securities, as described in this section, and the investment company or investment trust takes delivery of the collateral for any repurchase agreement, either directly or through an authorized custodian;

(d) the fund is listed in a national financial publication under the category of "money market mutual funds", showing the fund's average maturity, yield, and asset size; and

(e) the fund's average maturity does not exceed 397 days.

(5) Except as provided in subsection (6), an investment authorized in this part may not have a maturity date exceeding 5 years, except when the investment is used in an escrow account to refund an outstanding bond issue in advance.

(6) An investment in zero-coupon United States government treasury bills, notes, and bonds purchased as a sinking fund investment for a balloon payment on qualified construction bonds described in 17-5-116 (1) may have a maturity date exceeding 5 years if:

(a) the maturity date of the United States government treasury bills, notes, and bonds is on or before the date of the balloon payment; and

(b) the school district trustees provide written consent.

(7) This section may not be construed to prevent the investment of public funds under the state unified investment program established in Title 17, chapter 6, part 2.
Mont. Code Ann. § 7-5-4305 — MT Code / Title 7 / Chapter 5 / Part 43 / Section 7-5-4305
7-5-4305 Prohibition on division of contracts to circumvent bidding requirements
Status: in_force

7-5-4305 . Prohibition on division of contracts to circumvent bidding requirements. Whenever any law of this state provides a limitation upon the amount of money that a city or town can expend upon any public work or construction project without letting such public work or construction project to contract under competitive bidding procedures, a city or town shall not circumvent such provision by dividing a public work or construction project or quantum of work to be performed thereunder, which by its nature or character is integral to such public work or construction project or serves to accomplish one of the basic purposes or functions thereof, into several contracts or separate work orders or by any similar device.
Mont. Code Ann. § 7-4-2113 — MT Code / Title 7 / Chapter 4 / Part 21 / Section 7-4-2113
7-4-2113 Liability on official bond of commissioner
Status: in_force

7-4-2113 . Liability on official bond of commissioner. In addition to any other penalty provided in this code, a county commissioner who neglects or refuses to perform any duty imposed on the commissioner without just cause, who willfully violates any law provided for the commissioner's government as an officer, who fraudulently or corruptly performs any duty imposed on the commissioner, or who willfully, fraudulently, or corruptly attempts to perform an act unauthorized by law as commissioner forfeits to the county $500 for every act, to be recovered on the commissioner's official bond, and is further liable on the official bond to any person injured by the act for all damages sustained.
Mont. Code Ann. § 7-4-2402 — MT Code / Title 7 / Chapter 4 / Part 24 / Section 7-4-2402
7-4-2402 Authorization to exceed limitation on number of deputy officers
Status: in_force

7-4-2402 . Authorization to exceed limitation on number of deputy officers. The board of county commissioners in each county is hereby authorized to fix and determine the number of county deputy officers and to allow the several county officers to appoint a greater number of deputies than the maximum number allowed by law when, in the judgment of the board, such greater number of deputies is needed for the faithful and prompt discharge of the duties of any county office.
Mont. Code Ann. § 7-8-2501 — MT Code / Title 7 / Chapter 8 / Part 25 / Section 7-8-2501
7-8-2501 Purposes of part
Status: in_force

7-8-2501 . Purposes of part. The purposes of this part are to authorize a board of county commissioners to acquire real property and to establish procedures for the disposal of real property so that the property is used or disposed of in the best interests of the county and for the public benefit and welfare.
Mont. Code Ann. § 7-7-2237 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2237
7-7-2237 Percentage of electors required to authorize bond issue
Status: in_force

7-7-2237 . Percentage of electors required to authorize bond issue. Whenever the question of issuing county bonds for any purpose is submitted to the registered electors of a county, the determination of the approval or rejection of the bond proposition is made in the following manner:

(1) determine the total number of electors who were qualified to vote in the bond election;

(2) determine the total number of qualified electors who voted in the bond election from the tally sheet or sheets for the election;

(3) calculate the percentage of qualified electors voting in the bond election by dividing the number determined in subsection (2) by the number determined in subsection (1); and

(4) when the calculated percentage in subsection (3) is 40% or more, the bond proposition is considered approved and adopted if a majority of the votes cast were in favor of the proposition, otherwise it is considered rejected; or

(5) when the calculated percentage in subsection (3) is more than 30% but less than 40%, the bond proposition is considered approved and adopted if 60% or more of the votes cast were in favor of the proposition, otherwise it is considered rejected; or

(6) when the calculated percentage in subsection (3) is 30% or less, the bond proposition is considered rejected.
Mont. Code Ann. § 7-33-4102 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4102
7-33-4102 Applicability of part
Status: in_force

7-33-4102 . Applicability of part. (1) The provisions of this part govern and control fire departments in every city or town organized under whatever form of municipal government except where this part is in conflict with the commission form of government provided for in part 42 of chapter 3.

(2) Whenever the provisions of this part conflict with the provisions of chapter 3, part 42, pertaining to the commission form of government, the provisions pertaining to the commission form of government prevail.
Mont. Code Ann. § 7-15-4451 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4451
7-15-4451 General powers of housing authority
Status: in_force

7-15-4451 . General powers of housing authority. (1) An authority shall exercise public powers and have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part and part 45, including the following powers in addition to others herein granted.

(2) An authority shall have power to:

(a) sue and be sued;

(b) have a seal and alter the same at pleasure;

(c) have perpetual succession;

(d) make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority;

(e) make and from time to time amend and repeal bylaws and rules, not inconsistent with this part and part 45, to carry into effect the powers and purposes of the authority.

(3) In addition to all of the other powers herein conferred upon it, an authority may do all things necessary and convenient to carry out the powers expressly given in this part and part 45.
Mont. Code Ann. § 7-5-4205 — MT Code / Title 7 / Chapter 5 / Part 42 / Section 7-5-4205
7-5-4205 Powers of mayor related to ordinances and resolutions
Status: in_force

7-5-4205 . Powers of mayor related to ordinances and resolutions. The mayor has power to:

(1) cause the ordinances of the city or town to be executed;

(2) approve all ordinances and resolutions of the council adopted by it;

(3) veto any objectionable part of a resolution or ordinance and approve the other parts.
Mont. Code Ann. § 7-6-4030 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4030
7-6-4030 Final budget -- resolution -- appropriations
Status: in_force

7-6-4030 . Final budget -- resolution -- appropriations. (1) The governing body may amend the preliminary budget after the public hearing and after considering any public comment.

(2) The amended budget constitutes the final budget. The final budget must be balanced so that appropriations do not exceed the projected beginning balance plus the estimated revenue of each fund for the fiscal year.

(3) The governing body shall adopt the final budget by resolution. The resolution must:

(a) authorize appropriations to defray the expenses or liabilities for the fiscal year;

(b) establish legal spending limits at the level of detail in the resolution; and

(c) include any increase in property taxes, including an increase authorized under 15-10-420 (1), and the amount by which property taxes will increase on homes valued at $100,000, $300,000, and $600,000.

(4) The effective date of the resolution is July 1 of the fiscal year, even if the resolution is adopted after that date.
Mont. Code Ann. § 7-14-4612 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4612
7-14-4612 Organization and operation of commission
Status: in_force

7-14-4612 . Organization and operation of commission. (1) The powers of each commission are vested in the current members of the commission.

(2) The appointing officer shall designate which of the members of the commission is the first presiding officer, but when the office of presiding officer of the commission becomes vacant, the commission shall elect a presiding officer from among its members. The term of office as presiding officer of the commission, unless otherwise prescribed by the legislative body of the city, must be for the calendar year or for that portion of a year remaining after each presiding officer is designated or elected.

(3) Members must receive their actual and necessary expenses, including traveling expenses, and may receive other compensation that the legislative body may prescribe.
Mont. Code Ann. § 7-11-102 — MT Code / Title 7 / Chapter 11 / Part 1 / Section 7-11-102
7-11-102 Purpose
Status: in_force

7-11-102 . Purpose. It is the purpose of this part to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other local governmental units on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities.
Mont. Code Ann. § 7-3-301 — MT Code / Title 7 / Chapter 3 / Part 3 / Section 7-3-301
7-3-301 Commission-manager form
Status: in_force

7-3-301 . Commission-manager form. The commission-manager form, which may be called the council-manager form, consists of an elected commission, which may be called the council, and a manager appointed by the commission, who is the chief administrative officer of the local government. The manager is responsible to the commission for the administration of all local government affairs placed in the manager's charge by law, ordinance, or resolution.
Mont. Code Ann. § 7-6-4011 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4011
7-6-4011 Use of bond proceeds and borrowed money
Status: in_force

7-6-4011 . Use of bond proceeds and borrowed money. (1) Except as otherwise provided by law, money borrowed by a local government may be used only for the purpose for which the money was borrowed. Unless restricted by law, surplus borrowed money may be used to redeem the debt for which the money was borrowed.

(2) The authorization of bonds by the electors or the governing body constitutes the appropriation of the bond proceeds for the purpose for which the bonds are authorized.
Mont. Code Ann. § 7-15-4507 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4507
7-15-4507 Sale of bonds
Status: in_force

7-15-4507 . Sale of bonds. (1) Any bonds issued by the authority may be sold at public or private sale as determined by the authority pursuant to 17-5-107 . If the authority conducts a public sale, the bonds may be sold after notice published once at least 10 days prior to the sale in a newspaper having a general circulation in the city and in a financial newspaper.

(2) The bonds may be sold at private sale pursuant to 17-5-107 without any public advertisement.

(3) The bonds may be sold at a price or prices as determined by the authority.
Mont. Code Ann. § 7-7-4235 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4235
7-7-4235 Percentage of electors required to authorize issuing of bonds
Status: in_force

7-7-4235 . Percentage of electors required to authorize issuing of bonds. Whenever the question of issuing bonds for any purpose is submitted to the registered electors of a city or town, the determination of the approval or rejection of the bond proposition is made by a majority of the votes cast on the issue.
Mont. Code Ann. § 7-2-4505 — MT Code / Title 7 / Chapter 2 / Part 45 / Section 7-2-4505
7-2-4505 Applicability of part
Status: in_force

7-2-4505 . 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. § 7-13-3013 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3013
7-13-3013 Change of boundaries -- limitations
Status: in_force

7-13-3013 . Change of boundaries -- limitations. (1) The governing body may by resolution make changes in the boundaries of a district as they consider reasonable and proper but may not delete any portion of the proposed area if the deletion will create an island of included or excluded lands.

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

(3) For the purpose of subsection (2), it is conclusively presumed that an area that is within 1,500 feet of a proposed or existing sanitary sewer is contributing to the pollution of a watercourse in the proposed area.
Mont. Code Ann. § 7-12-4121 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4121
7-12-4121 Record of expenses to be kept by city engineer
Status: in_force

7-12-4121 . Record of expenses to be kept by city engineer. The city engineer shall keep an account of all costs and expenses incurred in the engineer's office in connection with each special improvement district and certify the costs and expenses to the city clerk.
Mont. Code Ann. § 7-7-4259 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4259
7-7-4259 Delivery of bonds
Status: in_force

7-7-4259 . Delivery of bonds. The city treasurer or town clerk shall deliver the bonds to the purchaser upon receiving full payment for the bonds.
Mont. Code Ann. § 7-12-4188 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4188
7-12-4188 Due date for district assessments
Status: in_force

7-12-4188 . Due date for district assessments. (1) All special assessments or installments of special assessments in cities and towns, duly and regularly levied by resolution according to law, shall be payable in installments as follows:

(a) one-half of the payment on or before 5 p.m. on November 30 of each year; and

(b) one-half of the payment on or before 5 p.m. on May 31 of the following year.

(2) In the event the same are not paid on or before said dates, the same shall be subject to the same interest and penalties for nonpayment as delinquent property taxes under 15-16-102 .
Mont. Code Ann. § 7-13-4511 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4511
7-13-4511 Sufficient protest to require referendum
Status: in_force

7-13-4511 . Sufficient protest to require referendum. If the owners of more than 20% of the fee-assessed units in the proposed district protest the creation of the proposed district and the fees proposed to be charged, the commissioners are barred from further proceedings on the matter unless the commissioners submit the question to the registered electors who reside within the proposed district and the voters approve the creation of the district and establish the fees by approving the referendum.
Mont. Code Ann. § 7-14-2113 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2113
7-14-2113 County authority to establish speed limits
Status: in_force

7-14-2113 . County authority to establish speed limits. A board of county commissioners may, by ordinance, establish a special speed limit in accordance with 61-8-310 on any county road.
Mont. Code Ann. § 7-6-207 — MT Code / Title 7 / Chapter 6 / Part 2 / Section 7-6-207
7-6-207 Deposit security
Status: in_force

7-6-207 . Deposit security. (1) The local governing body may require security only for that portion of the deposits that is not guaranteed or insured according to law and, as to the unguaranteed or uninsured portion, to the extent of:

(a) 50% of the deposits if the institution in which the deposit is made has a net worth to total assets ratio of 6% or more; or

(b) 100% if the institution in which the deposit is made has a net worth to total assets ratio of less than 6%. The security must consist of those enumerated in 17-6-103 or cashier's checks issued to the depository institution by any federal reserve bank.

(2) When negotiable securities are furnished, the securities may be placed in trust. The trustee's receipt may be accepted in lieu of the actual securities when the receipt is in favor of the treasurer or town clerk and the treasurer's or clerk's successors. All warrants or other negotiable securities must be properly assigned or endorsed in blank. The appropriate governing body shall, upon the acceptance and approval of any of the bonds or securities, make a complete minute entry of the acceptance and approval upon the record of its proceedings, and the bonds and securities must be reapproved at least quarterly.
Mont. Code Ann. § 7-32-2220 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2220
7-32-2220 Use of restraints on pregnant inmates restricted -- extraordinary circumstances -- definition
Status: in_force

7-32-2220 . Use of restraints on pregnant inmates restricted -- extraordinary circumstances -- definition. (1) Restraints may not be used on an inmate known to be pregnant during labor and delivery, except as provided in subsection (2).

(2) (a) Except as provided in subsection (2)(b), restraints may be used on a pregnant inmate during labor and delivery in extraordinary circumstances in which the detention center makes an individualized determination that:

(i) the inmate is an established flight risk; or

(ii) there is a clear threat that the inmate could harm themself or others.

(b) Leg or waist restraints may not be used on a pregnant inmate during any stage of labor and delivery under any circumstances.

(c) Both the type of restraint applied and the application of the restraint must be done in the least restrictive manner necessary.

(d) Restraints must be removed under the following circumstances:

(i) when the flight risk or threat to harm has been mitigated; or

(ii) at the request of a doctor, nurse, or other health care professional treating the inmate during labor and delivery.

(3) For the purposes of this section, "restraints" means handcuffs, leg shackles, leg irons, belly belts, belly chains, or other restraint devices used to restrict free movement of limbs or appendages, including restraints made of cloth and leather.
Mont. Code Ann. § 7-11-1002 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1002
7-11-1002 Definitions
Status: in_force

7-11-1002 . Definitions. As used in this part, the following definitions apply:

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

(2) "Local government" means a city, town, county, or consolidated city-county government or any combination of these acting jointly.

(3) (a) "Special district" means a unit of local government that is authorized by law to perform a single function or a limited number of functions.

(b) The term includes but is not limited to cemetery districts, museum districts, park districts, fair districts, solid waste districts, local improvement districts, mosquito control districts, multijurisdictional districts, road districts, rodent control districts, television districts, and districts created for any public or governmental purpose not specifically prohibited by law. The term also includes any district or other entity formed to perform a single or limited number of functions by interlocal agreement.

(c) The term does not include business improvement districts, cattle protective districts, conservancy districts, conservation districts, water and sewer districts, planning and zoning districts, drainage districts, grazing districts, hospital districts, irrigation districts, library districts, livestock protective committees, parking districts, resort area districts, rural improvement districts, special improvement districts, lighting districts, rural fire districts, street maintenance districts, tax increment financing districts, urban transportation districts, water conservation and flood control projects, and weed management districts.
Mont. Code Ann. § 7-6-103 — MT Code / Title 7 / Chapter 6 / Part 1 / Section 7-6-103
7-6-103 Computation of payment in lieu of taxes
Status: in_force

7-6-103 . Computation of payment in lieu of taxes. The amount of any payment of sums in lieu of taxes may be based on the estimated cost to each political subdivision, for and on whose behalf the agreement is entered into, of performing services for the benefit of a project during the period of the agreement, after taking into consideration the benefits to be derived by the subdivision from such project, but shall not be in excess of the taxes which would result to the subdivision for the said period if the real property of the project within the subdivision were taxable.
Mont. Code Ann. § 7-4-4601 — MT Code / Title 7 / Chapter 4 / Part 46 / Section 7-4-4601
7-4-4601 Qualifications for city attorney
Status: in_force

7-4-4601 . Qualifications for city attorney. To be appointed, the city attorney shall be a person who has been licensed to practice as an attorney in this state.
Mont. Code Ann. § 7-2-2726 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2726
7-2-2726 Status of printing contracts
Status: in_force

7-2-2726 . Status of printing contracts. (1) If the abandoned and abolished county has entered into a printing contract in accordance with the provisions of Title 18, chapter 7, part 4, and the contract is in full force and effect on the date when the county ceases to exist, the purchase of all supplies and printing for the county designated in the petition for abandonment as the county to which the territory of the abandoned and abolished county is attached shall be divided by the board of county commissioners of the continuing county between the contract of the abandoned county and any similar existing contract entered into by the board of the continuing county in such manner as the board considers equitable and just to the holders of both contracts until the expiration of the contract entered into by the abandoned and abolished county.

(2) When a petition is filed with the election administrator of a county for the abandonment and abolishment of the county in accordance with the provisions of 7-2-2702 and 7-2-2703 , the board of county commissioners of the county may not thereafter enter into any contract under the provisions of Title 18, chapter 7, part 4, until the time has expired when the petition may be presented to the board by the county clerk as provided in 7-2-2702 and 7-2-2703 .
Mont. Code Ann. § 7-34-2414 — MT Code / Title 7 / Chapter 34 / Part 24 / Section 7-34-2414
7-34-2414 Election required on question of issuance of bonds
Status: in_force

7-34-2414 . Election required on question of issuance of bonds. (1) A county may not issue bonds to which all or a portion of the taxes levied under 7-6-2512 are pledged or to which the general tax authorized under 7-34-2418 is pledged until the question of approval of the issuance of the bonds has been submitted to the registered electors of the county at a general election or a special election called for that purpose by the governing body of the county and the majority of the electors voting on the question have voted in favor of issuing the bonds. A special election must be conducted in conjunction with a regular or primary election. The notice and conduct of the election must be governed, to the extent applicable, by the laws governing the election on county general obligation bonds in chapter 7, part 22.

(2) If less than a majority of the electors voting on the issuance of the bonds vote in favor of the issuance of the bonds, the county may not issue the bonds under 7-34-2411 .
Mont. Code Ann. § 7-12-4162 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4162
7-12-4162 Assessment of costs -- area option -- assessed valuation option -- equal amount option
Status: in_force

7-12-4162 . Assessment of costs -- area option -- assessed valuation option -- equal amount option. (1) (a) The city council or commission shall assess the entire cost of an improvement against benefited property in the district, each lot or parcel of land assessed within such district to be assessed for that part of the whole cost which its assessable area bears to the assessable area of all benefited lots or parcels in the district, exclusive of streets, avenues, alleys, and public places. For the purposes of this subsection, "assessable area" means an area of a lot or parcel of land representing the benefit conferred on the lot or parcel by the improvement. Assessable area may be less than but may not exceed the actual area of the lot or parcel.

(b) The council or commission, in its discretion, shall have the power to pay the whole or any part of the cost of any street, avenue, or alley intersection out of any funds in its hands available for that purpose or to include the whole or any part of such costs within the amount of the assessment to be paid by the benefited property in the district.

(c) In order to equitably apportion the cost of any of the improvements herein provided for between that land within the district which lies within 25 feet of the line of the street on which the improvement is to be made and all other benefited land within the district, the council or commission may, in the resolution creating any improvement district, provide that the amount of the assessment against the property in such district to defray the cost of such improvements shall be so assessed that each square foot of land within the district lying within 25 feet of the line of the street on which the improvements therein provided for are made shall bear double the amount of cost of such improvements per square foot of such land that each square foot of any other benefited land within the district shall bear.

(2) The city council or city commission may assess the cost of an improvement against each lot or parcel of land in the district based on the assessed value of the benefited lots or parcels of land within the district if the council or commission determines such assessment to be equitable and in proportion to and not exceeding the benefits derived from the improvement by the lot or parcel.

(3) (a) The city council or city commission may assess each lot or parcel of land in the district an equal amount based upon the total cost of the improvement.

(b) If the method specified for assessment is that described in subsection (3)(a) and an increase occurs in the number of benefited lots, tracts, or parcels within the boundaries of a district created as provided in this part during the term of bonded indebtedness that is payable from the assessments, the city council or city commission shall recalculate the amount assessable to each lot, tract, or parcel. The city council or city commission shall comply with the provisions of 7-12-4176 through 7-12-4178 in adopting the recalculated amount. The city council or city commission shall base the recalculation on the amount of the district's outstanding bonded indebtedness for the current fiscal year and shall spread the assessments across the district based on the number of benefited lots, tracts, or parcels within the boundaries of the district as of July 1 following the action that resulted in the increase in the number of benefited lots, tracts, or parcels.
Mont. Code Ann. § 7-13-126 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-126
7-13-126 Notice of resolution to assess and levy tax for making improvements -- protest
Status: in_force

7-13-126 . Notice of resolution to assess and levy tax for making improvements -- protest. (1) A notice, signed by the county clerk and stating that the resolution levying a special assessment to defray the cost of making the improvements is on file in the office of the county clerk and is subject to inspection, 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 board of county commissioners.
Mont. Code Ann. § 7-15-2115 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2115
7-15-2115 Authorization for payment of rentals in lieu of taxes
Status: in_force

7-15-2115 . Authorization for payment of rentals in lieu of taxes. (1) Any housing authority established pursuant to this part and/or the federal government may pay annual sums from rentals in lieu of taxes to any state and/or political subdivision thereof with respect to any real property, including improvements thereon, owned or held by either such housing authority or the federal government.

(2) The amount so paid for any year upon such property shall not exceed the taxes which would be paid to the state and/or subdivision thereof, as the case may be, upon such property if it were not exempt from taxation, with such allowances as may be considered to be appropriate for expenditures by the government for streets, utilities, or other public services to serve such property.
Mont. Code Ann. § 7-7-4402 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4402
7-7-4402 Definitions
Status: in_force

7-7-4402 . Definitions. As used in this part, unless a different meaning clearly appears from the context, the following definitions apply:

(1) "Governing body" means a body or board that has charge of finances and management of a municipality.

(2) "Municipality" means a city or town, however organized.

(3) "Undertaking" means one or a combination of the following:

(a) water and sewer systems, together with all parts of the systems and appurtenances to the systems, including but not limited to supply and distribution systems, reservoirs, dams, and sewage treatment and disposal works;

(b) public airport construction and public airport building;

(c) convention facilities;

(d) public recreation facilities;

(e) streets and roads;

(f) public parking facilities, solid waste management systems, or other revenue-producing facilities and services authorized for cities and towns; and

(g) public transportation systems, including passenger buses, trolleys, passenger trains and lines, light rail trains and lines, and the facilities associated with those systems.
Mont. Code Ann. § 7-13-2258 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2258
7-13-2258 Effect of failure to qualify for office
Status: in_force

7-13-2258 . Effect of failure to qualify for office. If a person elected fails to qualify, the office must be filled as if there were a vacancy in the office as provided in 7-13-2262 (1).
Mont. Code Ann. § 7-8-2217 — MT Code / Title 7 / Chapter 8 / Part 22 / Section 7-8-2217
7-8-2217 Procedure for sale of property of lesser value
Status: in_force

7-8-2217 . Procedure for sale of property of lesser value. (1) If personal property to be sold is valued at less than $2,500, it may be sold at either a public or private sale as the board of county commissioners determines to be to the best interests of the county.

(2) If the property is sold at public sale, notice must be given as provided in 7-1-2121 .

(3) The board may, after a public hearing noticed as provided in 7-1-2121 , adopt a policy for the sale of personal property valued at less than $2,500.
Mont. Code Ann. § 7-15-4211 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4211
7-15-4211 Preparation of comprehensive development plan for municipality
Status: in_force

7-15-4211 . Preparation of comprehensive development plan for municipality. For the purpose of approving an urban renewal plan and other municipal purposes, a municipality may:

(1) prepare, adopt, and revise from time to time a comprehensive plan or parts of a plan for the physical development of the municipality as a whole, with consideration for the county and school districts that include municipal territory;

(2) establish and maintain a planning commission for that purpose and related municipal planning activities; and

(3) make available and appropriate necessary funds for municipal planning activities.
Mont. Code Ann. § 7-7-131 — MT Code / Title 7 / Chapter 7 / Part 1 / Section 7-7-131
7-7-131 Bankruptcy -- definitions
Status: in_force

7-7-131 . Bankruptcy -- definitions. As used in 7-7-132 through 7-7-134 and this section, the following definitions apply:

(1) "Legislative body" means:

(a) the governing body of a city or town;

(b) the governing body of a local entity that is a district if, by law, the district must have a governing body; or

(c) the governing body of the city, town, or county that created a local entity that is a district if law does not require the district to have a separate governing body. Unless otherwise agreed to by the governing bodies of the county and of the city or town, a joint board composed of an equal number of members from each governing body shall act as the district governing body of a district that was jointly created by the county and the city or town.

(2) "Local entity" means a district created under Title 7, chapter 12, a city, or a town, but the term does not include a county.
Mont. Code Ann. § 7-2-4752 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4752
7-2-4752 Court review and decision when area not annexed
Status: in_force

7-2-4752 . Court review and decision when area not annexed. (1) The court, without a jury, shall hear and determine the questions presented in the petition.

(2) The court shall order the proposed annexation to take place, notwithstanding the provisions of any other law of this state, if the evidence establishes that:

(a) essential municipal services and facilities are not available to the inhabitants of such territory;

(b) the municipality is physically and financially able to provide municipal services to the area sought to be annexed; and

(c) at least one-eighth of the aggregate external boundaries of the territory sought to be annexed is contiguous to the boundaries of the municipality.

(3) If, however, the evidence does not establish all three of the foregoing factors, the court shall deny the petition to annex and dismiss the proceeding.
Mont. Code Ann. § 7-15-4440 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4440
7-15-4440 Certain laws controlling
Status: in_force

7-15-4440 . Certain laws controlling. (1) Insofar as the provisions of Chapter 140, Laws of 1935, are inconsistent with the provisions of any other law, the provisions of Chapter 140, Laws of 1935, shall be controlling.

(2) Insofar as the provisions of Chapter 193, Laws of 1957, are inconsistent with the provisions of any other law, the provisions of Chapter 193, Laws of 1957, shall be controlling.
Mont. Code Ann. § 7-2-2213 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2213
7-2-2213 Resolution of board of county commissioners
Status: in_force

7-2-2213 . Resolution of board of county commissioners. The board of county commissioners, on the final hearing of the petition or petitions, shall, by a resolution entered on its minutes, determine:

(1) the boundaries of the proposed new county, and the boundaries determined by the board must be the boundaries of the proposed new county if it is created as provided in this part;

(2) whether the petition contains the genuine signatures of at least 50% of the registered electors of the proposed new county as required in this part or, in cases where separate petitions are presented from portions of two or more existing counties as required in this part, whether each petition is signed by at least 50% of the registered electors of that portion of each of the existing counties that is proposed to be taken into the proposed new county;

(3) whether any line of the proposed new county passes within 15 miles of the courthouse situated at the county seat of any county proposed to be divided, except as otherwise provided;

(4) whether the proposed new county and affected existing counties meet the limitations contained in 7-2-2202 ;

(5) the name of the proposed new county as stated in the petition; and

(6) whether the area embraced within the proposed new county will be reasonably compact.
Mont. Code Ann. § 7-32-2205 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2205
7-32-2205 Confinement of inmates
Status: in_force

7-32-2205 . Confinement of inmates. The detention center administrator shall receive all persons committed to the detention center by competent authority and provide them with necessary food, clothing, and bedding.
Mont. Code Ann. § 7-14-1624 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1624
7-14-1624 General powers of authority
Status: in_force

7-14-1624 . General powers of authority. An authority has all the powers necessary to carry out the purposes of this part, including but not limited to the power to:

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

(2) execute contracts and other instruments and take other action as may be necessary to carry out the purposes of this part;

(3) receive and disburse federal, state, and other funds, public or private, made available by grant, loan, contribution, tax levy, or other source to accomplish the purposes of this part. Federal money accepted under this section must be accepted and spent by the authority upon terms and conditions prescribed by the United States and consistent with state law. All state money accepted under this section must be accepted and spent by the authority upon terms and conditions prescribed by the state.

(4) sell, lease, or otherwise dispose of real or personal property acquired pursuant to this part. The disposal must be in accordance with the laws of this state governing the disposition of other public property.
Mont. Code Ann. § 7-31-109 — MT Code / Title 7 / Chapter 31 / Part 1 / Section 7-31-109
7-31-109 Conduct of election
Status: in_force

7-31-109 . Conduct of election. (1) The vote upon a proposition under this part must be at an election for that purpose to be held, conducted, and counted and with results ascertained and determined in the manner and by the same officers provided by law for general elections, except as otherwise provided in this section. The election must be held in conjunction with a regular or primary election.

(2) The proposition must be submitted upon printed tickets or ballots, upon each of which is printed the following: "For the contract and bonds" and "Against the contract and bonds". The elector shall vote by a cross opposite one statement.

(3) No registration under the election laws of this state is required for the purposes of the election, and the registration from the last election governs and controls for the purpose of the election to be held under this part.
Mont. Code Ann. § 7-14-2614 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2614
7-14-2614 Record of road opening or alteration to be maintained
Status: in_force

7-14-2614 . Record of road opening or alteration to be maintained. When a county road is opened or changed, the findings of the board, the plat field notes, and the report of a licensed surveyor must be recorded in the office of the county clerk in a book kept for that purpose.
Mont. Code Ann. § 7-8-101 — MT Code / Title 7 / Chapter 8 / Part 1 / Section 7-8-101
7-8-101 Authorization to transfer property between certain governmental entities
Status: in_force

7-8-101 . Authorization to transfer property between certain governmental entities. (1) A county, upon first passing a resolution of intent to do so and upon giving notice of intent by publication as provided in 7-1-2121 , may sell or trade to any city, town, or political subdivision, as the interests of its inhabitants require, any property, however held or acquired, that is not necessary for the conduct of the county business without an ordinance, public notice, public auction, bids, or appraisal. Proceeds, if any, must be distributed according to law. The transactions must be made by resolution of the county commissioners involved and entered in the minutes of the regular or special meetings.

(2) A city or town, upon first passing a resolution of intent to do so and upon giving notice of the intent by publication as provided in 7-1-4127 , may sell or trade to any county or political subdivision, as the interests of its inhabitants require, any property, however held or acquired, that is not necessary for the conduct of the city or town business without an ordinance, public notice, public auction, bids, or appraisal. Proceeds, if any, must be distributed according to law. The transactions must be made by resolution of the councils or commissions involved and entered in the minutes of the regular or special meetings.

(3) (a) A county may trade with or purchase from any city, town, or political subdivision any property without an appraisal of the property traded or purchased.

(b) A city or town may trade with or purchase from any county or political subdivision any property without an appraisal of the property traded or purchased.
Mont. Code Ann. § 7-4-2634 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2634
7-4-2634 Fees to be noted on recorded documents
Status: in_force

7-4-2634 . Fees to be noted on recorded documents. On each instrument delivered for recording, the county clerk shall endorse on it all charges made for each service, and the endorsement must be recorded as a part of the instrument in the county clerk's office to document the charges entered on the fee book or reception record in the county clerk's office.
Mont. Code Ann. § 7-12-4425 — MT Code / Title 7 / Chapter 12 / Part 44 / Section 7-12-4425
7-12-4425 Resolution for assessment of costs of maintenance
Status: in_force

7-12-4425 . Resolution for assessment of costs of maintenance. (1) The city council shall estimate, as near as practicable, the cost of maintenance in each established district annually, not later than the first Thursday after the first Tuesday in September. The council shall pass and finally adopt a resolution specifying the district assessment option and levying and assessing all the property within the several districts with an amount equal to not less than 75% of the entire cost of the maintenance work.

(2) The resolution levying the assessment to defray the cost of maintenance shall contain or refer to a list in which shall be described the lot or parcel of land assessed, the name of the owner if known, and the amount levied on the lot or parcel of land set opposite.

(3) The resolution shall be kept on file in the office of the city clerk.
Mont. Code Ann. § 7-11-304 — MT Code / Title 7 / Chapter 11 / Part 3 / Section 7-11-304
7-11-304 Service plan
Status: in_force

7-11-304 . Service plan. (1) The petitioners or the interlocal cooperation commission shall prepare a service plan governing the service or activity proposed to be transferred or consolidated.

(2) The plan shall provide:

(a) the nature of service or function to be consolidated or transferred;

(b) the effective date of the proposed consolidation or transfer;

(c) the responsibility for administration of the service to be consolidated or transferred, including the succession of the performance of duties currently performed by an elected officer if the elective status of an office is affected;

(d) the manner in which affected employees currently engaged in the performance of the function will be transferred, reassigned, or otherwise treated;

(e) the manner in which real property, facilities, equipment, or other personal property required in the exercise of the function are to be transferred, sold, or otherwise disposed of;

(f) the method of financing, establishing, and maintaining a budget for the service; and

(g) other legal, financial, and administrative arrangements necessary to effect the transfer in an orderly and equitable manner.

(3) The service plan may include provisions for an administrator or joint board responsible for administering any joint or cooperative undertaking.

(4) The service plan shall be attached to the petition or to the interlocal cooperation commission's recommendation when it is submitted to the governing bodies affected by the service consolidation or transfer.
Mont. Code Ann. § 7-12-4115 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4115
7-12-4115 Statement of allocation of assessments to improvements, repairs, and maintenance
Status: in_force

7-12-4115 . Statement of allocation of assessments to improvements, repairs, and maintenance. In all cities or towns, the city or town council shall have power and it is hereby made the duty of each council (where it is necessary or advisable in connection with any special improvement district to provide, in addition to the construction of the proposed improvements, for repairs to existing facilities or for maintenance of improvements or repairs or for both such repairs and maintenance) to include in the resolution or ordinance creating such special improvement district or providing for assessments to defray the cost of improvements, repairs, and maintenance, a statement showing the allocation of the total amounts, either in dollars and cents or in percentages of said total amounts, to be assessed or assessed to said different purposes: to improvements, to repairs, if any, and to maintenance, if any.
Mont. Code Ann. § 7-1-2104 — MT Code / Title 7 / Chapter 1 / Part 21 / Section 7-1-2104
7-1-2104 Exercise of county power
Status: in_force

7-1-2104 . Exercise of county power. A county's powers can only be exercised by the board of county commissioners or by agents and officers acting under their authority or authority of law.
Mont. Code Ann. § 7-21-4201 — MT Code / Title 7 / Chapter 21 / Part 42 / Section 7-21-4201
7-21-4201 Regulation of certain activities
Status: in_force

7-21-4201 . Regulation of certain activities. (1) The city or town council may license, tax, and regulate:

(a) auctioneers, peddlers, pawnbrokers, and secondhand and junk shops;

(b) motor vehicles and motor vehicle bodies, except those on commercial property, which are not otherwise taxed;

(c) drivers, porters, tenpin alleys, shooting galleries, shows, circuses, street parades, theatrical performances, and places of amusement within the city or town.

(2) The power to license, tax, and regulate circuses and shows of like character extends 3 miles beyond the limits of the city or town.

(3) The council of any city or town may enact necessary ordinances providing for the licensing, taxation, and regulation of soft drink establishments and all pool and billiard halls. The city or town council may regulate and limit the number of such licenses issued and provide by ordinance that the total number of such licenses may not exceed the number fixed by the city or town council by ordinance.
Mont. Code Ann. § 7-35-2138 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2138
7-35-2138 Secretary for trustees of fund
Status: in_force

7-35-2138 . Secretary for trustees of fund. The secretary of the public cemetery district shall act as secretary of such trustee or as secretary of such board of trustees of such fund and shall keep a full record of their proceedings.
Mont. Code Ann. § 7-3-111 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-111
7-3-111 Statutory basis for elected county official government
Status: in_force

7-3-111 . Statutory basis for elected county official government. (1) For the purpose of determining the statutory basis of existing units of local government after May 2, 1977, each unit of local government organized under the general statutes authorizing the elected county official form of government shall be governed by the following sections:

(a) 7-3-401 ;

(b) 7-3-402 ;

(c) 7-3-412 (3);

(d) 7-3-413 ;

(e) 7-3-414 (1);

(f) 7-3-415 (2);

(g) 7-3-416 (2);

(h) 7-3-417 (2);

(i) 7-3-418 ;

(j) 7-3-432 (1);

(k) 7-3-433 (1);

(l) 7-3-434 (1);

(m) 7-3-435 (1);

(n) 7-3-436 (1);

(o) 7-3-437 (1);

(p) 7-3-438 (1);

(q) 7-3-439 (1);

(r) 7-3-440 (1);

(s) 7-3-441 (1);

(t) 7-3-442 (1) if the county has elected an auditor;

(u) 7-3-442 (6) if the county has not elected an auditor.

(2) This form has terms of 4 years for all elected officials except commissioners who are elected to 6-year terms. The commission consists of three members.
Mont. Code Ann. § 7-14-2308 — MT Code / Title 7 / Chapter 14 / Part 23 / Section 7-14-2308
7-14-2308 Superintendent's report
Status: in_force

7-14-2308 . Superintendent's report. At least once each year and more often if required by the board of county commissioners, the superintendent shall file a report with the board detailing the activities and expenditures of the superintendent's office and containing any other information the board requires. At the first monthly or quarterly meeting held after filing of a superintendent's report, the board of county commissioners shall examine the report.
Mont. Code Ann. § 7-14-4502 — MT Code / Title 7 / Chapter 14 / Part 45 / Section 7-14-4502
7-14-4502 Bond issue to finance parking areas
Status: in_force

7-14-4502 . Bond issue to finance parking areas. A city or town council shall have power to:

(1) issue bonds or other securities for the payment of the lots or lands and facilities referred to in 7-14-4501 , payable in whole or in part from the revenues of any such parking lots or areas or parking facilities or from other sources; and

(2) pledge, place a charge upon, or otherwise make available as additional security for the payment of such bonds or securities any or all revenues from any or all street parking meters owned or to be owned and controlled by said city or town.
Mont. Code Ann. § 7-3-4252 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4252
7-3-4252 Powers of council
Status: in_force

7-3-4252 . Powers of council. The council has and shall exercise all executive, legislative, and judicial powers and duties possessed and exercised by the mayor, city council, board of public works, park commissioners, board of police and fire commissioners, board of waterworks trustees, board of library trustees, attorney, treasurer, auditor, city engineer, and other executive and administrative offices in cities organized under the general municipal incorporation laws.
Mont. Code Ann. § 7-4-2510 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2510
7-4-2510 Sheriff's office -- longevity payments
Status: in_force

7-4-2510 . Sheriff's office -- longevity payments. Unless already provided for in a negotiated agreement, beginning on the date of the deputy sheriff's, undersheriff's, or detention officer's first anniversary of employment with the office and adjusted annually, a deputy sheriff, undersheriff, or detention officer is entitled to receive a longevity payment amounting to 1% of the minimum base annual salary for each year of service with the office. This payment must be made in equal monthly installments. The payment, nonpayment, increase, lack of increase, or decrease of the discretionary salary under 7-4-2503 (2)(c) has no impact on the longevity payment.
Mont. Code Ann. § 7-32-115 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-115
7-32-115 Work period in lieu of workweek -- overtime compensation
Status: in_force

7-32-115 . Work period in lieu of workweek -- overtime compensation. (1) (a) A department of public safety may establish a work period other than the workweek provided in 7-32-2111 or 39-3-405 for determining when an employee may be paid overtime.

(b) The aggregate of all work periods in a year, when expressed in hours, may not exceed 2,080 hours.

(2) The board of county commissioners may by resolution establish that any employee who works in excess of the employee's regularly scheduled work period will be compensated for the hours worked in excess of the work period at a rate to be determined by the board of county commissioners.
Mont. Code Ann. § 7-4-2102 — MT Code / Title 7 / Chapter 4 / Part 21 / Section 7-4-2102
7-4-2102 Division of county into commissioner districts
Status: in_force

7-4-2102 . Division of county into commissioner districts. (1) In each county of the state, following each federal decennial census, the board of county commissioners shall divide their respective counties into as many commissioner districts as there are county commissioners and ensure that the districts are as compact and equal in population and area as possible. The apportionment may take place at any time for the purpose of equalizing in population and area the commissioner districts. However, a commissioner district may not at any time be changed to affect the term of office of any county commissioner who has been elected. A change in the boundaries of any commissioner district may not be made between the date that falls 6 months before a county commissioner primary election and the date of the general election.

(2) The district judge or judges of the county shall review the action of the commissioners to determine whether or not the action meets the requirements of this section.
Mont. Code Ann. § 7-14-231 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-231
7-14-231 Transportation district budget
Status: in_force

7-14-231 . Transportation district budget. The board shall annually present its budget to the commissioners at the regular budget meetings as prescribed by law and therewith certify the amount of money necessary and proper for the ensuing year.
Mont. Code Ann. § 7-34-2104 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2104
7-34-2104 Details relating to petition
Status: in_force

7-34-2104 . Details relating to petition. (1) The petition may consist of one sheet or several sheets, identical in form and fastened together after being circulated and signed so as to form a single, complete petition before being delivered to the county clerk and recorder. The petition must give the post-office address and voting precinct of each petitioner.

(2) Only persons who are qualified to sign the petitions are qualified to circulate the petitions, and there must be attached to the complete petition the affidavit of a person who circulated or assisted in circulating the petition that the person believes the signatures on the petition are genuine and the signers knew the contents of the petition before signing it.
Mont. Code Ann. § 7-2-4602 — MT Code / Title 7 / Chapter 2 / Part 46 / Section 7-2-4602
7-2-4602 Conduct of election on question of annexation
Status: in_force

7-2-4602 . Conduct of election on question of annexation. An election on the question of annexation must be conducted in accordance with Title 13, chapter 1, part 4.
Mont. Code Ann. § 7-2-4314 — MT Code / Title 7 / Chapter 2 / Part 43 / Section 7-2-4314
7-2-4314 Hearing on question of annexation -- election on annexation -- resolution of annexation
Status: in_force

7-2-4314 . Hearing on question of annexation -- election on annexation -- resolution of annexation. (1) (a) The city or town clerk shall, at the next regular meeting of the city or town council after the expiration of the 20-day period provided for in 7-2-4313 , forward all written communication received by the clerk for the city or town council's consideration.

(b) Except as provided in subsection (1)(d), if the city or town council, after considering all written communication, adopts a resolution approving the annexation, the implementation of the resolution must be approved by the vote of the registered voters residing in the area proposed for annexation. The resolution must state the date on which the proposed annexation is intended to take effect.

(c) Except as provided in subsection (1)(d), no sooner than 85 days after adopting the resolution for annexation, the city or town council shall submit the question of approving the resolution to the registered voters residing in the area proposed for annexation. A notice of election must be mailed to all registered voters residing in the area proposed for annexation.

(d) If the area to be annexed contains fewer than 300 recorded parcels, the city or town council, after considering all written communication, may adopt a resolution approving the annexation without an election and the boundaries of the city or town must be extended to include the platted tracts or parcels of land or unplatted land for which a certificate of survey has been filed. An area annexed pursuant to this subsection may include land used for railroad purposes. However, a city or town council may not annex by resolution an area containing fewer than 300 recorded parcels if the resolution is disapproved in writing by a majority of real property owners of the area proposed to be annexed. If the resolution is disapproved by a majority of the landowners, the city or town council may not on its own initiative propose further resolutions relating to the annexation of the area or any portion of the area, without petition, for a period of 1 year.

(2) If a resolution subject to approval at an election pursuant to subsections (1)(b) and (1)(c) is not approved by voters, further resolutions relating to the annexation of the area or any portion of the area may not be considered or acted on by the council on its own initiative, without petition, for a period of 5 years from the date of the election.
Mont. Code Ann. § 7-7-2209 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2209
7-7-2209 Types of bonds
Status: in_force

7-7-2209 . Types of bonds. (1) Except as provided in subsection (2), bonds issued by any county must be either amortization bonds or serial bonds.

(2) Citizen bonds may be amortization bonds, serial bonds, term bonds, capital appreciation bonds, or zero-coupon bonds, without preference for amortization bonds.
Mont. Code Ann. § 7-13-2311 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2311
7-13-2311 Designation of fund depositary
Status: in_force

7-13-2311 . Designation of fund depositary. The board of directors shall designate a depositary or depositaries to have the custody of the funds of the district, all of which depositaries shall give security sufficient to secure the district against possible loss and shall pay the warrants drawn by the auditor for demands against the district under such rules as the directors may prescribe.
Mont. Code Ann. § 7-7-4262 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4262
7-7-4262 Payment of principal and interest
Status: in_force

7-7-4262 . Payment of principal and interest. The city treasurer or town clerk shall pay from the proper sinking and interest fund the interest and principal of each issue or series of outstanding bonds, as the interest and principal become due and at the place where the bonds are payable, upon presentation and surrender of the coupon or bond to be paid.
Mont. Code Ann. § 7-15-4323 — MT Code / Title 7 / Chapter 15 / Part 43 / Section 7-15-4323
7-15-4323 Redemption of urban renewal bonds
Status: in_force

7-15-4323 . Redemption of urban renewal bonds. Every municipality shall have power to redeem such bonds as have been issued pursuant to 7-15-4301 at the redemption price established therein or to purchase such bonds at less than redemption price. All such bonds so redeemed or purchased shall be canceled.
Mont. Code Ann. § 7-3-1102 — MT Code / Title 7 / Chapter 3 / Part 11 / Section 7-3-1102
7-3-1102 Plan of consolidation
Status: in_force

7-3-1102 . Plan of consolidation. (1) Study commissions proposing consolidation shall prepare, adopt, and submit to the voters a consolidation plan in addition to the alternative form of government. If the commission proposes a charter, the plan may be included in the charter.

(2) The consolidation plan shall:

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

(b) provide for establishment of service areas;

(c) provide for the transfer or other disposition of property and other rights, claims, assets, and franchises of local governments consolidated under the alternative form;

(d) provide the official name of the consolidated unit of local government;

(e) provide for the transfer, reorganization, abolition, absorption, adjustment of boundaries (and may provide a method for adjusting the boundaries) of all existing boards, bureaus, commissions, agencies, special districts, and political subdivisions of the consolidated governments;

(f) include other provisions which the study commission elects to include and which are consistent with state law.

(3) The plan may grant the legislative body of the consolidated government the authority to transfer, reorganize, adjust boundaries, abolish, or absorb, and provide a method for adjusting the boundaries of such entities with or without referendum requirements.
Mont. Code Ann. § 7-2-4407 — MT Code / Title 7 / Chapter 2 / Part 44 / Section 7-2-4407
7-2-4407 Filing of resolution and other papers
Status: in_force

7-2-4407 . Filing of resolution and other papers. Within 30 days after the passage and approval of said resolution, a copy thereof, duly certified by the clerk of the municipality, together with a map showing the corporate limits of said municipality as altered and changed, shall be filed in the office of the county clerk and recorder of the county in which said municipality is located.
Mont. Code Ann. § 7-5-2125 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2125
7-5-2125 Open meetings
Status: in_force

7-5-2125 . Open meetings. All meetings of the board of county commissioners must be public.
Mont. Code Ann. § 7-6-612 — MT Code / Title 7 / Chapter 6 / Part 6 / Section 7-6-612
7-6-612 Additional records and reports
Status: in_force

7-6-612 . Additional records and reports. (1) The chief executive or governing body of a county or municipality may require any elected or appointed local government official or employee to:

(a) maintain new or additional financial records;

(b) perform new or additional financial reconciliations; and

(c) submit new or additional financial reports.

(2) This part does not provide for the consolidation or reassignment, but does not prohibit delegation by mutual agreement, of any duties of elected county officials. Continuing county duties include but are not limited to the following:

(a) The county treasurer shall make a detailed monthly report to the governing body of the county of all receipts, disbursements, debt, and other proceedings of the treasurer's office.

(b) The county clerk shall compile and present to the governing body of the county the annual financial report provided for in 7-6-611 (2)(a).

(3) The designated county or municipal treasurer shall:

(a) receive, disburse, and serve as the custodian of all public money;

(b) provide for accountability of all local government cash receipts and for deposits and investments of all departments, offices, and boards;

(c) pay out, in the order registered, all warrants presented for payment when there are funds in the treasury to pay the warrants; and

(d) require periodic departmental reports of money receipts and their disposition on forms that the designated county or municipal treasurer prescribes.

(4) All local governments:

(a) shall deposit all public money with the county or municipal treasurer within a month of receipt unless otherwise specifically authorized by law;

(b) may not maintain separate bank accounts unless specifically authorized by the county or municipal governing body;

(c) may not maintain separate investments.

(5) The governing body of a county or municipality shall direct the county or municipal treasurer to open separate accounts for the receipt of money for the governing body. Only the county or municipal treasurer may open an account for the receipt of local government money.
Mont. Code Ann. § 7-4-2502 — MT Code / Title 7 / Chapter 4 / Part 25 / Section 7-4-2502
7-4-2502 Payment of salaries of county officials and assistants -- state share for county attorney -- statutory appropriation
Status: in_force

7-4-2502 . Payment of salaries of county officials and assistants -- state share for county attorney -- statutory appropriation. (1) The salaries of the county officers and their assistants may be paid monthly, twice monthly, or every 2 weeks out of the general fund of the county and upon the order of the board of county commissioners.

(2) The funding for the salary and health insurance benefits for the county attorney is a shared responsibility of the state and the county. The state's share is payable as provided in subsection (3).

(3) (a) For each fiscal year, the department of justice shall pay to each county and consolidated government the amount calculated under subsection (3)(b). Payments must be made quarterly.

(b) (i) For each county and consolidated government with a full-time county attorney, the amount paid each fiscal year must be equal to 50% of 85% of a district court judge's salary most recently set under 3-5-211 plus an amount equal to 50% of the employer contribution for group benefits under 2-18-703 (2) for an employee as defined in 2-18-701 .

(ii) For each county and consolidated government with a part-time county attorney, the total amount paid each fiscal year must be equal to the amount calculated under subsection (3)(b)(i) prorated according to the position's regular work hours.

(c) For the purpose of this subsection (3), the following definitions apply:

(i) "Full-time county attorney" means that as of July 1 immediately preceding the regular legislative session, the county attorney position has been established as a full-time position pursuant to 7-4-2706 .

(ii) "Part-time county attorney" means that as of July 1 immediately preceding the regular legislative session, the county attorney position has been established as a part-time position pursuant to 7-4-2706 .

(iii) "Salary" means wage plus the employer contributions required for retirement, workers' compensation insurance, and the Federal Insurance Contributions Act as determined for a district court judge.

(4) The amount to be paid to each county pursuant to subsection (3) is statutorily appropriated, as provided in 17-7-502 , from the general fund to the department of justice.

(5) The board may, under limitations and restrictions prescribed by law, fix the compensation of all county officers not otherwise fixed by law and provide for the payment of the compensation and may, for all or the remainder of each fiscal year, in conjunction with setting salaries for other officers as provided in 7-4-2504 , set their salaries at the prior fiscal year level.
Mont. Code Ann. § 7-31-4202 — MT Code / Title 7 / Chapter 31 / Part 42 / Section 7-31-4202
7-31-4202 Interpretation of part
Status: in_force

7-31-4202 . Interpretation of part. (1) This part shall be deemed an exercise of the police power of the state in and for the protection of the welfare, health, peace, and safety of the people of Montana. This part shall be construed merely as a regulation in the public interest so that the diversion, transportation, and use of water in such ditches in cities and towns shall be in a safe manner, as defined by this part.

(2) Nothing in this part shall be construed as intending to effectuate the abandonment of any valid water right.
Mont. Code Ann. § 7-3-1310 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1310
7-3-1310 Limitation on tax levy
Status: in_force

7-3-1310 . Limitation on tax levy. (1) An ordinance, conforming to 15-10-420 , making the annual tax levy must be passed fixing the rate to be levied upon all property within the municipality to defray current expenses.

(2) Subject to 15-10-420 , taxes required to be levied on account of the debt of the municipality or any district are not affected by the limits.
Mont. Code Ann. § 7-14-4713 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4713
7-14-4713 Estimates of expenses -- tax levy
Status: in_force

7-14-4713 . Estimates of expenses -- tax levy. (1) The governing body shall:

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

(b) publish notice of the estimates; and

(c) have hearings on the statements and estimates and adopt them as provided for incorporated cities and towns by 7-12-4104 , 7-12-4106 , 7-12-4110 , 7-12-4112 , 7-12-4113 , and 7-12-4117 .

(2) Subject to 15-10-420 , the governing body, on or before the second Monday in August of each year, shall fix, levy, and assess the amount to be raised by ad valorem taxes upon all of the property of the district. All statutes providing for the levy and collection of state and county taxes, including the collection of delinquent taxes and sale of property for nonpayment of taxes, are applicable to the district taxes provided for under this section.
Mont. Code Ann. § 7-3-1308 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1308
7-3-1308 Procedure for purchase, sale, and supply
Status: in_force

7-3-1308 . Procedure for purchase, sale, and supply. (1) Before making any purchase or sale, the purchasing agent shall give opportunity for competition, under such rules as the commission may by ordinance establish.

(2) Supplies required by any department or office of the municipality may be furnished upon requisition from the stores under the control of the purchasing agent and whenever so furnished shall be paid for by the department or office furnished therewith by warrant made payable to the credit of the store's account of the division of purchases and supplies. The purchasing agent shall not furnish any supplies to any department or office unless there is to the credit thereof an available unencumbered appropriation balance sufficient to pay for such supplies.
Mont. Code Ann. § 7-7-111 — MT Code / Title 7 / Chapter 7 / Part 1 / Section 7-7-111
7-7-111 Bond election -- impact on value
Status: in_force

7-7-111 . Bond election -- impact on value. (1) Except as provided in subsection (2), the form of the ballot for a bond election must include:

(a) the statement that "an increase in property taxes may lead to an increase in rental costs"; and

(b) an estimate of the impact of the election on homes valued at $100,000, $300,000, and $600,000 in terms of actual dollars in additional property taxes that would be imposed in the first year on residences with those values if the bond were to pass. The ballot may also include an estimate of the impact of the election on homes of any other value in the district, if appropriate.

(2) The taxing jurisdiction conducting the bond election may replace the estimate of the impact of the election on a home valued at $600,000 with an estimate of the impact of the election on a home of a different value.
Mont. Code Ann. § 7-3-1254 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1254
7-3-1254 Nonpartisan nature of government
Status: in_force

7-3-1254 . Nonpartisan nature of government. (1) A person holding an appointive office or position in the municipal government may not directly or indirectly solicit or receive or be in any manner concerned in soliciting or receiving any assessment, subscription, or contribution for any political party or purpose. A person may not orally or by letter solicit or be in any manner concerned in soliciting any assessment, subscription, or contribution for any political party or purpose from any person holding an appointive office or position in the municipal government. A person may not use or promise to use the person's influence or official authority to secure any appointment or prospective appointment to any position in the service of the municipality as a reward or return for personal or partisan political service. A person may not take part in preparing any political assessment, subscription, or contribution with the intent that it should be sent or presented to or collected from any person in the service of the municipality. A person may not knowingly send or present, directly or indirectly, in person or otherwise, any political assessment, subscription, or contribution to or request its payment by any person in the service of the municipality.

(2) A person in the service of the municipality may not discharge, suspend, lay off, reduce in grade, or in any manner change the official rank or compensation of any person in service or threaten to do so for withholding or neglecting to make any contribution of money or service or any valuable thing for any political service. A person holding an appointive office or place in the municipal government may not act as an officer in a political organization or serve as a member of a committee of any political organization or circulate or seek signatures for any petition provided for by election laws.

(3) A person who, individually or in cooperation with one or more persons, willfully or corruptly violates any of the provisions of subsections (1) and (2) is guilty of a misdemeanor and on conviction must be punished by a fine of not less than $50 or more than $500, by imprisonment for a term not exceeding 3 months, or both, and if the person is an officer or employee of the municipality, the person shall immediately forfeit the office or employment.
Mont. Code Ann. § 7-32-4152 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4152
7-32-4152 Term and compensation of members of police commission
Status: in_force

7-32-4152 . Term and compensation of members of police commission. (1) The appointees to the police commission shall hold office for 3 years, and one member must be appointed annually at the first regular meeting of the city council or commission in May of each year. However, a member serving on the commission during the hearing or deciding of an appeal under 7-32-4155 shall continue to serve on the commission for that appeal until a decision has been made; a new member may not sit on the commission for business.

(2) The compensation of the members of a board must be fixed by the city council or commission, not to exceed $10 per day or more than $50 per month for any month for each member in cities of the first and second class.
Mont. Code Ann. § 7-14-4105 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4105
7-14-4105 Lighting and cleaning of trafficways and public grounds
Status: in_force

7-14-4105 . Lighting and cleaning of trafficways and public grounds. The city or town council has power to:

(1) provide for lighting and cleaning the streets, alleys, and avenues;

(2) regulate the disposition and removal of ashes, garbage, or other offensive matter in any street or alley, on public grounds, or on any premises;

(3) regulate the use of sidewalks and require the owners of the adjoining premises to keep the same free from snow or other obstruction.
Mont. Code Ann. § 7-14-2101 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2101
7-14-2101 General powers of county relating to roads and bridges -- definitions
Status: in_force

7-14-2101 . General powers of county relating to roads and bridges -- definitions. (1) The board of county commissioners, under the limitations and restrictions that are prescribed by law, may:

(a) (i) lay out, maintain, control, and manage county roads and bridges within the county;

(ii) subject to 15-10-420 , levy taxes for the laying out, maintenance, control, and management of the county roads and bridges within the county as provided by law;

(b) (i) in the exercise of sound discretion, jointly with other counties, lay out, maintain, control, manage, and improve county roads and bridges in adjacent counties, wholly or in part as agreed on between the boards of the counties concerned;

(ii) subject to 15-10-420 , levy taxes for the laying out, maintenance, control, management, and improvement of county roads and bridges in adjacent counties or shared jointly with other counties, as agreed on between the boards of the counties concerned and as provided by law;

(c) (i) enter into agreements for adjusted annual contributions over not more than 6 years toward the cost of joint highway or bridge construction projects entered into in cooperation with other counties, the state, or the United States;

(ii) subject to 15-10-420 , place a joint project in the budget and levy taxes for a joint project as provided by law.

(2) (a) Following a public hearing, a board of county commissioners may accept by resolution a road that has not previously been considered a county road but that has been laid out, constructed, and maintained with state department of transportation or county funds.

(b) A survey is not required of an existing county road that is accepted by resolution by a board of county commissioners.

(c) A road that is abandoned by the state may be designated as a county road upon the acceptance and approval by resolution of a board of county commissioners.

(d) A road on a final subdivision plat that is dedicated to public use is not considered a county road until the board of county commissioners approves by resolution the adoption of the road as a county road as provided in subsection (4)(b)(ii).

(3) The board of county commissioners may adopt regulations for unincorporated areas within a county governing:

(a) the assignment of numerical physical addresses except for roads under the jurisdiction of a federal, state, or tribal entity if that entity objects to the assignment; and

(b) the naming of roads except roads under the jurisdiction of a federal, state, or tribal entity unless that entity consents to the naming.

(4) Unless the context requires otherwise, for the purposes of this chapter the following definitions apply:

(a) "Bridge" includes rights-of-way or other interest in land, abutments, superstructures, piers, and approaches except dirt fills.

(b) "County road" means:

(i) a road that is petitioned by real property owners, approved by resolution, and opened by a board of county commissioners in accordance with this title;

(ii) a road that is dedicated for public use in the county and approved by resolution by a board of county commissioners;

(iii) a road that has been acquired by eminent domain pursuant to Title 70, chapter 30, and accepted by resolution as a county road by a board of county commissioners;

(iv) a road that has been gained by the county in an exchange with the state as provided in 60-4-211 ; or

(v) a road that has been the subject of a request under 7-14-2622 and for which a legal route has been recognized by a district court as provided in 7-14-2622 .
Mont. Code Ann. § 7-14-2822 — MT Code / Title 7 / Chapter 14 / Part 28 / Section 7-14-2822
7-14-2822 Notice of application to operate ferry
Status: in_force

7-14-2822 . Notice of application to operate ferry. Every applicant for authority to erect and take tolls on a public ferry must publish notice as provided in 7-1-2121 , specifying the location and the time when and place where the application will be made. Publication must be made in at least one newspaper in each county in which the ferry is or touches or, if there is no newspaper published in the county, then in one published in an adjoining county.
Mont. Code Ann. § 7-32-4201 — MT Code / Title 7 / Chapter 32 / Part 42 / Section 7-32-4201
7-32-4201 Municipal detention centers authorized
Status: in_force

7-32-4201 . Municipal detention centers authorized. The city or town council has power to establish and maintain a detention center, as defined in 7-32-2120 , for the confinement of persons convicted of violating the ordinances of the city or town and to make rules for the government of the same.
Mont. Code Ann. § 7-8-2220 — MT Code / Title 7 / Chapter 8 / Part 22 / Section 7-8-2220
7-8-2220 Use of proceeds of property disposition
Status: in_force

7-8-2220 . Use of proceeds of property disposition. The funds derived from property disposed of in accordance with 7-8-2211 , in the discretion of the board of county commissioners, may be credited to any account that is in the best interest of the county.
Mont. Code Ann. § 7-14-4901 — MT Code / Title 7 / Chapter 14 / Part 49 / Section 7-14-4901
7-14-4901 Purchase of historic easement across county land for benefit of private land
Status: in_force

7-14-4901 . Purchase of historic easement across county land for benefit of private land. If a historic easement or right-of-way for access to private land exists across county land, the person owning the private land may purchase the nonexclusive easement as a permanent, nonexclusive easement. The board of county commissioners shall sell a permanent, nonexclusive easement upon receipt of the fair market value of the easement and proof of the existence of the easement or right-of-way and the purpose and proposed purchaser's use of the nonexclusive easement.
Mont. Code Ann. § 7-7-2270 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2270
7-7-2270 Authority to purchase outstanding bonds
Status: in_force

7-7-2270 . Authority to purchase outstanding bonds. Whenever there is available money in any sinking fund over and above the amount required for payment of the principal and interest becoming due on the next interest payment date and sufficient to pay and redeem one or more outstanding bonds of the issue or series to which the sinking fund belongs and whenever such bonds are not held by the state of Montana and are not subject to redemption, the county treasurer, at the direction of the board of county commissioners, shall purchase such bonds if this can be done at not more than par and accrued interest or at such reasonable premium as the board may feel justified in paying, not in any case exceeding 5%.
Mont. Code Ann. § 7-3-4254 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4254
7-3-4254 Selection and supervision of officers and employees
Status: in_force

7-3-4254 . Selection and supervision of officers and employees. (1) In cities having a mayor and two council members, the mayor is the superintendent of the department of accounts, finance, and public property, and in cities having a mayor and four city council members, the mayor is the superintendent of the department of public affairs. The mayor has general supervision over all departments of the city and over all matters connected with the city, and the council shall, at its first regular meeting after the election of its members, designate by majority vote one council member to be superintendent over each department of the city, but that designation may be changed whenever it appears that the public service would be benefited.

(2) The council shall, at its first regular meeting after the election of its members or as soon thereafter as practicable, elect by majority vote the following officers: a city clerk, a city treasurer, a city attorney, a city auditor, a city engineer, a city physician, a chief of the fire department, a chief of the police department, a commissioner of weights and measures, a street commissioner, library trustees, cemetery trustees, and other officers and assistants as provided for by ordinance and that may be necessary to the proper and efficient conduct of the affairs of the city. The council may by ordinance consolidate any of the enumerated offices, may require any officer elected by the council to perform the duties of any other officer, and shall appoint a city judge with the authority conferred by existing laws. The tenure in office of a chief of the fire department and other officers of the fire department is governed by the provisions of 7-33-4106 and 7-33-4122 through 7-33-4124 . Any officer or assistant elected or appointed by the council may be removed from office at any time by a majority vote of the members of the council, except as otherwise provided in this part.

(3) The council may create, fill, and discontinue offices and employment other than those prescribed in this section, according to their judgment of the needs of the city, by majority vote of all the members to remove any officer or employee, except as otherwise provided for in this part. The council may by resolution or otherwise prescribe, limit, or change the compensation of officers or employees.
Mont. Code Ann. § 7-32-2129 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2129
7-32-2129 Misconduct of undersheriff
Status: in_force

7-32-2129 . Misconduct of undersheriff. Any default, misfeasance, or malfeasance of an undersheriff is a breach of the condition of the bond given by the sheriff who appointed the undersheriff and is also a breach of the condition of the bond given by the undersheriff to the sheriff.
Mont. Code Ann. § 7-12-2191 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2191
7-12-2191 Change in outstanding principal of district -- relevy of assessments
Status: in_force

7-12-2191 . Change in outstanding principal of district -- relevy of assessments. If proceeds of the bonds or warrants of the special improvement district, including investment income, are applied to the redemption and prepayment of the bonds or warrants, as provided in 7-12-2173 and 7-12-2174 , or if refunding bonds are issued pursuant to 7-12-2193 and the principal amount of the outstanding bonds of the district is decreased or increased, the assessments levied in the district and then outstanding must be reduced or increased, respectively, pro rata by the principal amount of the prepayment or the increment above or below the outstanding principal amount of bonds represented by the refunding bonds. If refunding bonds are issued, the assessments may be relevied over a term ending not later than either the final maturity date of the refunding bonds or the date 30 years after the date the bonds to be refunded were issued. The board shall reassess and relevy the assessments, with the same effect as an original levy, in reduced or increased amounts, in accordance with the provisions of 7-12-2158 through 7-12-2160 .
Mont. Code Ann. § 7-7-4257 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4257
7-7-4257 Registration of bonds
Status: in_force

7-7-4257 . Registration of bonds. (1) When executed by the officers of the city or town, the bonds must be registered by the city treasurer or town clerk 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, the redemption dates, and the dates when the principal and interest on the bonds will 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 made.
Mont. Code Ann. § 7-14-2206 — MT Code / Title 7 / Chapter 14 / Part 22 / Section 7-14-2206
7-14-2206 Use of bridges in municipalities by street railway
Status: in_force

7-14-2206 . Use of bridges in municipalities by street railway. (1) Before any bridge constructed and maintained by the county in any city or town may be used as a part of any street or suburban railway, the owner of that railway shall pay into the county bridge fund a sum determined by the board which shall not be less than one-fourth or more than one-half of the cost of construction of the bridge.

(2) During the time the bridge is used by the railway, the railway owner shall also pay such portion of the cost of maintaining the bridge (not less than one-fourth or more than one-half) as is determined by the board.
Mont. Code Ann. § 7-32-218 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-218
7-32-218 Status of reserve officer upon activation
Status: in_force

7-32-218 . Status of reserve officer upon activation. A reserve officer is vested with the same powers, rights, privileges, obligations, and duties as any other peace officer of this state upon being activated by the chief law enforcement administrator of the local government and while on assigned duty only.
Mont. Code Ann. § 7-13-4346 — MT Code / Title 7 / Chapter 13 / Part 43 / Section 7-13-4346
7-13-4346 Proposed subdivision connection to municipal water or sewer system
Status: in_force

7-13-4346 . Proposed subdivision connection to municipal water or sewer system. A municipal water or sewer system shall supply water and sewer services to a subdivision proposed for review under Title 76, chapter 3 or 4, if:

(1) the proposed subdivision requests the connection;

(2) a boundary of the subdivision is within 501 to 1,000 feet of any component of the municipal system; and

(3) the municipal system meets the following requirements, as established in administrative rule by the department of environmental quality:

(a) the system is approved by the department and is in compliance with Title 75, chapter 6, part 1; and

(b) the managing entity of the system certifies that:

(i) the system has adequate capacity to meet the needs of the proposed subdivision;

(ii) the connections are authorized;

(iii) the system is in compliance with applicable department regulations; and

(iv) an appropriate water right exists for the connection.
Mont. Code Ann. § 7-32-104 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-104
7-32-104 Salaries
Status: in_force

7-32-104 . Salaries. The provisions of 7-4-2503 notwithstanding, the salaries of the director and employees of the department of public safety shall be established by the public safety commission and shall be paid by the city or town with the board of county commissioners. The salary of the director may not be less than that specified for the sheriff in 7-4-2503 . The salaries of employees may not be less than the salaries specified in 7-4-2508 and 7-4-2510 ; however, employees are not required to be paid any fixed percentage of the director's or sheriff's salary.
Mont. Code Ann. § 7-7-2206 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2206
7-7-2206 Term of general obligation bonds
Status: in_force

7-7-2206 . Term of general obligation bonds. (1) Bonds issued for any of the purposes designated in 7-7-2201 (1) through (4) may not be for a longer term than 20 years.

(2) Bonds issued for any of the purposes designated in 7-7-2201 (5) and (6) may not be for a longer term than 10 years.

(3) Bonds issued for any of the purposes designated in 7-7-2202 may not be for a longer term than 20 years.

(4) The length of the term required must be estimated and calculated by the board of county commissioners, based upon the percentage of valuation of the property upon which taxes are levied and paid within the county as ascertained from the last-completed assessment for state and county taxes, taking into account probable changes in the taxable valuation and losses in tax collections. Irrespective of any miscalculation by the county commissioners in fixing the term of the bonds, the county shall from year to year make a sufficient tax levy to pay the interest and installments on principal on the bonds as the payments are due.

(5) For purposes of 7-7-2207 and this section, the term of a bond issue commences on July 1 of the fiscal year in which the county first levies taxes to pay principal and interest on the bonds.
Mont. Code Ann. § 7-14-206 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-206
7-14-206 Effect of insufficient number of signatures
Status: in_force

7-14-206 . Effect of insufficient number of signatures. If an elector's petition is found to contain less than 20% of the signatures of the registered electors of the transportation district, the petition must be declared void.
Mont. Code Ann. § 7-4-2904 — MT Code / Title 7 / Chapter 4 / Part 29 / Section 7-4-2904
7-4-2904 Qualifications for office of county coroner
Status: in_force

7-4-2904 . Qualifications for office of county coroner. (1) In addition to the qualifications set forth in 7-4-2201 , to be eligible for the office of coroner, at the time of election or appointment to office a person must be a high school graduate or holder of an equivalency of completion of secondary education as provided by the superintendent of public instruction under 20-7-131 or of an equivalency issued by another state.

(2) Each coroner, before entering the duties of office, shall:

(a) take and file with the county clerk the constitutional oath of office; and

(b) certify to the county clerk that:

(i) the individual has successfully completed the basic coroner course of study as provided for in 7-4-2905 or that the individual has completed the equivalent educational requirements as approved by the public safety officer standards and training council established in 2-15-2029 ; or

(ii) the individual intends to take the basic coroner course at the next offering of the course if the coroner has been appointed or was elected by other than a local government general election and, from the date of appointment or election and assumption of the duties as coroner, a basic coroner course was not offered. A coroner forfeits office for failure to take and successfully complete the next offering of the basic coroner course.
Mont. Code Ann. § 7-15-2121 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2121
7-15-2121 Authorization for rural housing projects
Status: in_force

7-15-2121 . Authorization for rural housing projects. Housing authorities created for counties are specifically empowered and authorized to borrow money, accept grants, and exercise their other powers to provide housing for rural residents of low income.
Mont. Code Ann. § 7-3-192 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-192
7-3-192 Election on recommendation
Status: in_force

7-3-192 . Election on recommendation. (1) An alternative form or plan of government recommended by a study commission must be submitted to the voters in the same manner as provided in 7-3-149 .

(2) Ballot requirements and treatment of suboptions on an alternative form or plan of government recommended by a study commission must be the same as for recommendations by petition as provided in 7-3-150 and 7-3-151 .
Mont. Code Ann. § 7-2-2508 — MT Code / Title 7 / Chapter 2 / Part 25 / Section 7-2-2508
7-2-2508 Procedure to effectuate name change in records and other papers
Status: in_force

7-2-2508 . Procedure to effectuate name change in records and other papers. (1) From and after the rendition of the decree, the official records in the custody of the several county officers shall be styled and designated, as in each instance may be proper, with the new name of the county as provided by the decree. All printed blanks and forms, all printed matter whatsoever, and all written records of such county shall be styled and designated with the new name. All the official records, blanks, forms, books, and papers belonging to such county before the entry of such decree shall be styled and designated with the new name as provided in the decree.

(2) For the convenience of searchers of public records and in order to prevent confusion with respect to land titles or in any other respect, it shall be proper to style, designate, or refer to such records, books, papers, blanks, and forms as were in existence before the rendition of such decree in the following manner:

New Name (Formerly) Old Name of County
Mont. Code Ann. § 7-11-302 — MT Code / Title 7 / Chapter 11 / Part 3 / Section 7-11-302
7-11-302 Consolidation and transfer of services
Status: in_force

7-11-302 . Consolidation and transfer of services. (1) A consolidation or transfer of services between or among municipalities may be proposed by a petition of the electors or on a recommendation of an interlocal cooperation commission as provided in 7-11-230 .

(2) A petition or recommendation may propose to consolidate or transfer the administrative or financial responsibility or any administrative service, activity, or undertaking that any of the local governments included in the proposed consolidation or transfer are authorized by law to perform.

(3) Notwithstanding the requirements of 7-32-101 , a petition or recommendation may propose to consolidate or transfer any law enforcement administrative service, activity, or undertaking between or among local governments.
Mont. Code Ann. § 7-6-102 — MT Code / Title 7 / Chapter 6 / Part 1 / Section 7-6-102
7-6-102 Authorization to request in-lieu payments for taxes from United States
Status: in_force

7-6-102 . Authorization to request in-lieu payments for taxes from United States. (1) The board of county commissioners of any county in this state is hereby authorized and empowered:

(a) to make requests of the United States, for and on behalf of the county and the political subdivisions whose jurisdictional limits are within or coextensive with the limits of the county, for payment of such sums in lieu of taxes as the United States may agree to pay; and

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

(2) Each agreement entered into pursuant to subsection (1) shall contain the names of the political subdivisions with respect to which it is consummated and a statement of the proportionate share of the payment by the United States to which each such subdivision shall be entitled.
Mont. Code Ann. § 7-2-6105 — MT Code / Title 7 / Chapter 2 / Part 61 / Section 7-2-6105
7-2-6105 Effect of election -- resolution by board of county commissioners -- sharing of tax collections
Status: in_force

7-2-6105 . Effect of election -- resolution by board of county commissioners -- sharing of tax collections. (1) After the canvas of votes cast in an election held in accordance with 7-2-6104 , for a hospital district petition, if more than 50% of the votes cast approve the proposed hospital district boundary change, then the board of county commissioners shall, by resolution, declare the boundary to be changed to the new hospital districts as of July 1 immediately following the election. The resolution must contain the legal description of each of the hospital districts.

(2) (a) If an existing hospital district is divided into two districts, the number of voted mills in the existing district must be levied in each district.

(b) The voted mills must be levied in the newly separated district each year for the first 8 fiscal years following the division in subsection (1). The newly separated district may, but is not obligated to, levy mills pursuant to 7-34-2133 .

(3) The newly separated district shall make payments to the existing hospital district in each of the first 8 fiscal years after the effective date in subsection (1) based on a percentage of the newly separated hospital district's tax collections as follows:

(a) 70% of collections in the first year;

(b) 60% of collections in the second through fourth years;

(c) 40% of collections in the fifth and sixth years; and

(d) 20% of collections in the seventh and eighth years.
Mont. Code Ann. § 7-2-2212 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2212
7-2-2212 Exclusions and additions of territory upon petition
Status: in_force

7-2-2212 . Exclusions and additions of territory upon petition. (1) Except as provided in subsection (3), on final hearing, the board of commissioners, upon petition of not less than 50% of the registered electors (as shown by the official registration records on the day of the filing of the petition) of any territory lying within the proposed new county and contiguous to the boundary line of the proposed new county and of the old county from which such territory is proposed to be taken and lying entirely within the single old county and described in the petition, asking that this territory not be included within the proposed new county, must make such changes in the proposed boundaries as will exclude the territory from the new county and shall establish and define the boundaries. Petitions for exclusion shall be disposed of in the order in which they are filed with the clerk of the board.

(2) Except as provided in subsection (3), on final hearing, the board, upon petition of not less than 50% of the registered electors of any territory lying outside the proposed new county and contiguous to the boundary line of the proposed new county and of the old county or counties from which such territory is proposed to be taken, asking that this territory be included within the proposed new county, must make such changes in the proposed boundaries as will include such territory in the new county and shall establish and define the boundaries.

(3) (a) The segregation of the territory from any old county or counties may not leave the county or counties with less than $12 million of assessed valuation, based upon the last assessment roll.

(b) No change or changes so made may result in reducing the valuation of the proposed new county to less than an assessed valuation of $10 million, inclusive of all assessed valuation.

(c) No change may be made which leaves the territory so excluded separate and apart from and without the county of which it was formerly a part.

(4) On final determination of boundaries, no changes in the boundaries originally proposed may be made except as prayed for in the petition or petitions or to correct clerical errors or uncertainties.
Mont. Code Ann. § 7-11-229 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-229
7-11-229 Recommendations to implement program
Status: in_force

7-11-229 . Recommendations to implement program. In preparing its comprehensive program for furnishing local governmental services, a commission may recommend one or more of the following courses of action:

(1) performance of one or more services by any existing unit of local government;

(2) consolidation of specified services by transfer of functions between local units of government, by creation of joint administrative agencies, or by contractual agreements;

(3) consolidation of any existing special service district with one or more other special service districts to perform all of the services provided by any of them;

(4) creation of a new special service district to perform one or more services, with provision for the dissolution of any existing special service districts performing like service or services within the proposed boundaries of such new district;

(5) annexation of unincorporated territory to any existing city or town;

(6) consolidation of any existing cities and towns with any other existing cities and towns;

(7) consolidation of any cities and towns with the county in which they lie;

(8) creation of a permanent council of governments consisting of members of the governing bodies of the units of local government within and including the county concerned;

(9) creation of a unified government for the entire county, vested with:

(a) any and all powers which cities are or may hereafter be authorized or required to exercise under the constitution and general laws of Montana; and

(b) any and all powers which counties are or may hereafter be authorized or required to exercise under the constitution and general laws of Montana;

(10) any other change it considers desirable involving creation, dissolution, or consolidation of units of local government in the county under consideration or involving alteration of their boundaries, powers, and responsibilities, consistent with provisions of the constitution of Montana.
Mont. Code Ann. § 7-13-3034 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3034
7-13-3034 Authorization for reserve fund
Status: in_force

7-13-3034 . Authorization for reserve fund. The governing body may, in order to secure prompt payment of any district bonds issued in payment of the cost of improvements for the district and the interest on the bonds as it becomes due, create, establish, and maintain by resolution a fund, to be designated as the "reserve fund", for each issue of bonds.
Mont. Code Ann. § 7-6-2115 — MT Code / Title 7 / Chapter 6 / Part 21 / Section 7-6-2115
7-6-2115 Manner of settling accounts
Status: in_force

7-6-2115 . Manner of settling accounts. (1) The treasurer shall settle accounts relating to the collection, care, and disbursement of public revenue with the county clerk on the first Monday of each month. For the purpose of making the settlements, the treasurer shall make out a statement, under oath, of the amount of money or other property received prior to the period of the settlement, the sources of the money or property, and the amount of payments or disbursements and to whom, with the amount remaining on hand. The treasurer shall, in the settlements, deposit all redeemed warrants and take the county clerk's receipt for the warrants.

(2) The treasurer shall make a full settlement of all accounts with the county clerk, annually on the first Monday of January and in the presence of the county commissioners, who have control of the accounts.
Mont. Code Ann. § 7-2-4208 — MT Code / Title 7 / Chapter 2 / Part 42 / Section 7-2-4208
7-2-4208 Annexation across county boundaries
Status: in_force

7-2-4208 . Annexation across county boundaries. (1) Except as provided in subsection (2), in all instances of annexation allowed under parts 42 through 47 of this chapter, a municipal governing body may not annex territory in a county that is different from the county in which the municipality is located.

(2) Annexation by a municipality of territory in a county that is different from the county in which the municipality is located may occur only if the municipality and the county execute an interlocal agreement that provides for a joint city-county planning board and jurisdictional equality.
Mont. Code Ann. § 7-32-4164 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4164
7-32-4164 Right to appeal
Status: in_force

7-32-4164 . Right to appeal. A member of the police force who is disciplined, suspended, removed, or discharged as a result of a decision by the mayor, city manager, or chief executive has a right of appeal:

(1) pursuant to the terms of a grievance procedure contained in a collective bargaining agreement if the member is covered by a collective bargaining agreement; or

(2) to the police commission. A final decision of the police commission may be appealed to the district court of the proper county. The district court has jurisdiction to review all questions of fact and all questions of law in a suit brought by any officer or member of the police force. A suit to review a decision or an order or for reinstatement to office may not be maintained unless the suit is begun within a period of 60 days after the decision by the police commission has been filed with the city clerk.
Mont. Code Ann. § 7-13-4524 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4524
7-13-4524 Procedure to collect fees
Status: in_force

7-13-4524 . Procedure to collect fees. The month the local water quality district is created pursuant to 7-13-4513 , the department of revenue or its agents shall ensure that the amount of the fees is placed on the county tax assessments for each fee-assessed unit. Unpaid fees are a lien on the fee-assessed unit and may be enforced as a lien for nonpayment of property taxes.
Mont. Code Ann. § 7-15-4458 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4458
7-15-4458 Investigatory powers of housing authority
Status: in_force

7-15-4458 . Investigatory powers of housing authority. (1) An authority shall have power to:

(a) investigate into living, dwelling, and housing conditions and into the means and methods of improving such conditions;

(b) enter upon any building or property in order to conduct investigations or to make surveys or soundings;

(c) conduct examinations and investigations and hear testimony and take proof under oath at public or private hearings on any matter material for its information;

(d) issue subpoenas requiring the attendance of witnesses or the production of books and papers and issue commissions for the examination of witnesses who are out of the state or unable to attend before the authority or excused from attendance.

(2) Any of the investigations or examinations provided for in this part and part 45 may be conducted by the authority, by a committee appointed by it and consisting of one or more commissioners, by counsel, or by an officer or employee specially authorized by the authority to conduct it. Any commissioner, counsel for the authority, or any person designated by it to conduct an investigation or examination shall have power to administer oaths, take affidavits, and issue subpoenas or commissions.
Mont. Code Ann. § 7-14-4663 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4663
7-14-4663 Authorization to designate trustee for bondholders
Status: in_force

7-14-4663 . Authorization to designate trustee for bondholders. The commission may designate a bank or trust company as a trustee for the holders of bonds issued hereunder, may authorize the trustee to act on behalf of the holders of the bonds and to exercise and prosecute on behalf of the holders of the bonds such rights and remedies as may be available to the holders, and may fix and determine the conditions upon which any trustee shall receive, hold, or disburse any or all revenues collected for or on account of the bondholders. The authority may prescribe the duties and powers of such trustee with respect to the payment of principal and interest on the bonds, the redemption of the bonds, the registration and discharge from registration of the bonds, and the management of any sinking fund or other funds provided as security for the bonds.
Mont. Code Ann. § 7-12-4192 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4192
7-12-4192 Change in outstanding principal of district -- relevy of assessments
Status: in_force

7-12-4192 . Change in outstanding principal of district -- relevy of assessments. If proceeds of the bonds or warrants of the special improvement district, including investment income, are applied to the redemption and prepayment of the bonds or warrants, as provided in 7-12-4205 and 7-12-4206 , or if refunding bonds are issued pursuant to 7-12-4194 and the principal amount of the outstanding bonds of the district is decreased or increased, the assessments levied in the district and then outstanding must be reduced or increased, respectively, pro rata by the principal amount of the prepayment or the increment above or below the outstanding principal amount of bonds represented by the refunding bonds. If refunding bonds are issued, the assessments may be relevied over a term ending not later than either the final maturity date of the refunding bonds or the date 30 years after the date the bonds to be refunded were issued. The city council shall reassess and relevy the assessments, with the same effect as an original levy, in reduced or increased amounts in accordance with the provisions of 7-12-4176 through 7-12-4178 .
Mont. Code Ann. § 7-2-4107 — MT Code / Title 7 / Chapter 2 / Part 41 / Section 7-2-4107
7-2-4107 Officers elected at first election
Status: in_force

7-2-4107 . Officers elected at first election. (1) At the election provided for in 7-2-4106 , there must be elected:

(a) in a city of the first class, a mayor, a city judge, a city attorney, a city treasurer, a city marshal, and two city council members from each ward into which the city is divided;

(b) in a city of the second class, a mayor, a city judge, a city treasurer, a city marshal, and two city council members from each ward;

(c) in a town, a mayor and two city council members from each ward.

(2) Those elected hold office until the first Monday of January after the first annual election and until their successors are elected and qualified. The persons elected shall qualify in the manner prescribed by law for county officers.
Mont. Code Ann. § 7-32-2121 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2121
7-32-2121 Duties of sheriff
Status: in_force

7-32-2121 . Duties of sheriff. The sheriff shall:

(1) preserve the peace;

(2) arrest and take before the nearest magistrate for examination all persons who attempt to commit or have committed a public offense;

(3) prevent and suppress all affrays, breaches of the peace, riots, and insurrections that may come to the sheriff's knowledge;

(4) perform the duties of a humane officer within the county with reference to the protection of animals;

(5) attend all courts, except municipal, justices', and city courts, at their respective terms or sessions held within the county and obey their lawful orders and directions;

(6) command the aid of as many inhabitants of the county as are necessary in the execution of the sheriff's duties;

(7) take charge of and keep the detention center and the inmates in the detention center, unless the detention center is operated by a private party under an agreement entered into under 7-32-2201 or by a detention center administrator or by another local government;

(8) endorse upon all notices and process the year, month, day, hour, and minute of receipt and issue to the person delivering them, on payment of fees, a certificate showing the names of the parties, the title of the paper, and the time of receipt;

(9) serve all process or notices in the manner prescribed by law;

(10) certify in writing upon the process or notices the manner and time of service or, if the sheriff fails to make service, the reasons for this failure, and return the papers without delay;

(11) take charge of and supervise search and rescue units and their officers whenever search and rescue units are called into service; and

(12) perform other duties that are required by law.
Mont. Code Ann. § 7-6-2602 — MT Code / Title 7 / Chapter 6 / Part 26 / Section 7-6-2602
7-6-2602 Payment of warrants
Status: in_force

7-6-2602 . Payment of warrants. The county treasurer may not pay any order or warrant except to the payee of the warrant or to the payee's agent, assignee, or legal representative, whose authority must be in writing and delivered to the county treasurer. The written authority must be returned with the order or warrant, when paid, to the board of county commissioners.
Mont. Code Ann. § 7-2-4609 — MT Code / Title 7 / Chapter 2 / Part 46 / Section 7-2-4609
7-2-4609 Applicability of part
Status: in_force

7-2-4609 . Applicability of part. (1) This part does not repeal parts 43 and 45 having reference to extension of the corporate limits of cities of the first, second, and third classes to include contiguous land but provides an alternative method that the municipal governing body may in its discretion choose to use for the annexation of territory or territories to municipal corporations.

(2) When any proceedings for annexation of territory or territories to any municipal corporation are commenced under this part, the provisions of this part and no other apply to such proceedings.

(3) 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.
Mont. Code Ann. § 7-3-4301 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4301
7-3-4301 Authorization for commission-manager form of municipal government
Status: in_force

7-3-4301 . Authorization for commission-manager form of municipal government. (1) Any municipality may abandon its organization and reorganize under the provisions of this part and part 44 by proceeding as hereinafter provided.

(2) The form of government provided for in this part and part 44 shall be known as the commission-manager plan and shall consist of a commission of citizens, who shall be elected at large in the manner hereinafter provided.
Mont. Code Ann. § 7-7-4265 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4265
7-7-4265 Tax levy for payment of bonds
Status: in_force

7-7-4265 . Tax levy for payment of bonds. (1) The city or town council, at the time of making the levy of taxes for general city or town purposes, must levy a separate and special tax upon all taxable property in the city or town for the payment of interest and principal for each series or issue of bonds outstanding. The tax levy for any one series or issue of bonds must be entirely separate and distinct from the levy for any other issue or series of bonds.

(2) Except as provided in subsection (3), the levy made for the purpose of paying interest on and principal of each series or issue of bonds must be high enough to raise an amount sufficient to pay all interest on and so much of the principal, if any, of the bonds as will become due and payable during the then-current fiscal year or within 90 days thereafter, as such amount is shown by the treasurer's statement provided for by 7-7-4264 . If no part of the principal of such bonds will become due and payable within such time, then such tax levy must be high enough to raise an amount sufficient to pay all interest which will become due and payable during the current fiscal year or within 90 days thereafter and to also place in the sinking fund for such issue or series of bonds, for the payment of the principal when the same becomes due, an amount not less than a sum produced by dividing the whole amount for which the series or issue of bonds were originally issued by the number of years for which such series or issue of bonds were originally issued to run, as such amounts are shown by the treasurer's statement provided for by 7-7-4264 .

(3) The annual levies made for the purpose of paying off bonds that provide for no periodic interest payments but rather are sold at a discount from their face value, as provided in 7-7-4211 through 7-7-4214 , must be actuarially sufficient so that at the time for redemption there is an amount in the sinking fund sufficient to redeem the bonds.
Mont. Code Ann. § 7-1-4138 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4138
7-1-4138 Public servants
Status: in_force

7-1-4138 . Public servants. All municipal officers and employees are public servants for the purpose of determining the offense of obstructing a public servant as provided in 45-7-302 .
Mont. Code Ann. § 7-15-4528 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4528
7-15-4528 Use of bond trustee
Status: in_force

7-15-4528 . Use of bond trustee. In connection with the issuance of bonds or the incurring of any obligation under a lease and in order to secure the payment of the bonds or obligations, the authority may:

(1) vest in a trustee the right to enforce any covenant made to secure the payment of the bonds or obligations;

(2) provide for the powers and duties of the trustee and limit the trustee's liabilities; and

(3) provide the terms and conditions upon which the trustee or a designated proportion of the holders of bonds may enforce any covenant.
Mont. Code Ann. § 7-2-4601 — MT Code / Title 7 / Chapter 2 / Part 46 / Section 7-2-4601
7-2-4601 Annexation by petition -- when election required
Status: in_force

7-2-4601 . Annexation by petition -- when election required. (1) The boundaries of any incorporated city or town may be altered and new areas annexed as provided in this part.

(2) The council or other legislative body of a municipal corporation, upon receiving a written petition for annexation containing a description of the area to be annexed and signed by not less than 33 1/3% of the registered electors of the area proposed to be annexed, shall, except as provided in subsection (3), submit to the electors of the municipal corporation and to the registered electors residing in the area proposed by the petition to be annexed the question of whether the area should be made a part of the municipal corporation.

(3) (a) The governing body of a municipality need not submit the question of annexation to the qualified electors as provided in subsection (2) if it has received a written petition containing a description of the area requested to be annexed and signed by:

(i) more than 50% of the resident electors owning real property in the area to be annexed; or

(ii) the owner or owners of real property representing 50% or more of the total area to be annexed.

(b) The governing body may approve or disapprove a petition submitted under the provisions of subsection (3)(a) on its merits. When the governing body approves the petition, it shall pass a resolution providing for the annexation.
Mont. Code Ann. § 7-12-4305 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4305
7-12-4305 Consideration of protest
Status: in_force

7-12-4305 . Consideration of protest. (1) At the next regular meeting of the city council after the expiration of the time within which said protests may be made, the city council shall proceed to hear and pass upon all protests so made, and its decision shall be final and conclusive. When the protest is against the proposed work and the cost thereof is to be assessed upon property embraced within the boundaries of the district and if the city council finds that such protest is made by the owners of a majority of the property embraced within the district to be assessed for the proposed work, no further proceedings shall be taken for a period of 6 months from the date when said protest was received by the city clerk of said city council.

(2) In determining the sufficiency of protest, each protest shall be weighted in proportion to the amount of the assessment to be levied against the lot or parcel with respect to which it is made.

(3) In determining whether or not sufficient protest has been filed in a proposed district to prevent further proceedings therein, property owned by a county, city, or town shall be considered the same as other property in the district.

(4) The city council may adjourn said hearing from time to time.
Mont. Code Ann. § 7-5-4121 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4121
7-5-4121 Conduct of council business
Status: in_force

7-5-4121 . Conduct of council business. (1) A majority of the members of the council constitute a quorum for the transaction of business, but a less number may meet and adjourn to any time stated and may compel the attendance of absent members, under such rules and penalties as the council may prescribe.

(2) The ayes and noes must be called and recorded on the final passage of any ordinance, bylaw, or resolution or the making of any contract. The voting on the election or appointment of any officer must be viva voce. A majority of the whole number of the members elected is requisite to appoint or elect an officer, and such vote must be recorded.
Mont. Code Ann. § 7-15-4262 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4262
7-15-4262 Disposal of municipal property in urban renewal areas
Status: in_force

7-15-4262 . Disposal of municipal property in urban renewal areas. (1) A municipality may:

(a) sell, lease, or otherwise transfer real property in an urban renewal area or any interest in real property acquired by it for an urban renewal project for residential, recreational, commercial, industrial, or other uses or for public use and enter into contracts with respect to the real property; or

(b) retain the property or interest only for parks and recreation, education, public transportation, public safety, health, highways, streets and alleys, administrative buildings, or civic centers, in accordance with the urban renewal project plan and subject to any covenants, conditions, and restrictions, including covenants running with the land, that it considers necessary or desirable to assist in preventing the development or spread of blighted areas or otherwise to carry out the purposes of this part.

(2) The sale, lease, other transfer, or retention and any agreement relating the real property may be made only after the approval of the urban renewal plan by the local governing body.

(3) Except as provided in subsection (5), the real property or interest must be sold, leased, otherwise transferred, or retained at not less than its fair value for uses in accordance with the urban renewal plan. In determining the fair value of real property for uses in accordance with the urban renewal plan, a municipality shall take into account and give consideration to the:

(a) uses provided in the plan;

(b) restrictions upon and the covenants, conditions, and obligations assumed by the purchaser or lessee or by the municipality retaining the property; and

(c) objectives of the plan for the prevention of the recurrence of blighted areas.

(4) Real property acquired by a municipality which, in accordance with the provisions of the urban renewal plan, is to be transferred must be transferred as rapidly as feasible, in the public interest, consistent with the carrying out of the provisions of the urban renewal plan.

(5) A transfer under this section may include a donation of the land or a sale of the land at a reduced price to a corporation for the purpose of constructing:

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

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

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

(6) Land that is transferred pursuant to subsection (5) must be used to permanently provide low-income housing. The transfer of the property may contain a reversionary clause to reflect this condition.
Mont. Code Ann. § 7-1-114 — MT Code / Title 7 / Chapter 1 / Part 1 / Section 7-1-114
7-1-114 Mandatory provisions
Status: in_force

7-1-114 . Mandatory provisions. (1) A local government with self-government powers is subject to the following provisions:

(a) all state laws providing for the incorporation or disincorporation of cities and towns, for the annexation, disannexation, or exclusion of territory from a city or town, for the creation, abandonment, or boundary alteration of counties, and for city-county consolidation;

(b) Title 7, chapter 3, part 1;

(c) all laws establishing legislative procedures or requirements for units of local government;

(d) all laws regulating the election of local officials;

(e) all laws that require or regulate planning or zoning;

(f) any law directing or requiring a local government or any officer or employee of a local government to carry out any function or provide any service;

(g) except as provided in subsection (3), any law regulating the budget, finance, or borrowing procedures and powers of local governments;

(h) Title 70, chapters 30 and 31.

(2) These provisions are a prohibition on the self-government unit acting other than as provided.

(3) (a) Notwithstanding the provisions of subsection (1)(g) and except as provided in subsection (3)(b), self-governing local government units are not subject to the mill levy limits established by state law.

(b) The provisions of 15-10-420 apply to self-governing local government units.
Mont. Code Ann. § 7-1-4111 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4111
7-1-4111 Classification of municipalities
Status: in_force

7-1-4111 . Classification of municipalities. (1) Every city having a population of 10,000 or more is a city of the first class.

(2) Every city having a population of less than 10,000 and more than 5,000 is a city of the second class.

(3) Every city having a population of less than 5,000 and more than 1,000 is a city of the third class.

(4) Every municipal corporation having a population of less than 1,000 and more than 300 is a town.
Mont. Code Ann. § 7-14-2204 — MT Code / Title 7 / Chapter 14 / Part 22 / Section 7-14-2204
7-14-2204 Construction and maintenance of bridges in municipalities
Status: in_force

7-14-2204 . Construction and maintenance of bridges in municipalities. (1) Each board of county commissioners shall construct and maintain every bridge over a natural stream necessary to be constructed and maintained in any city or town.

(2) The city or town in which any such bridge is situated shall pay the whole or such part, not less than one-half, to be determined by the board, of the cost of planking, replanking, paving, or repaving the bridge. The city or town shall construct and maintain in good repair the bridge approaches.

(3) Such bridges and all persons on them shall be subject to the reasonable police regulations of the city or town in which any such bridge is situated.
Mont. Code Ann. § 7-2-2711 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2711
7-2-2711 Form of ballot
Status: in_force

7-2-2711 . Form of ballot. (1) At such election the question to be submitted to the qualified electors of the county in which said petition was filed shall be as follows:

☐ FOR the abandonment and abolishment of the county of (name) and attaching the territory within its boundaries to and making the same a part of the county or counties of (name).

☐ AGAINST the abandonment and abolishment of the county of (name) and attaching the territory within its boundaries to and making the same a part of the county or counties of (name).

(2) The question to be submitted to the qualified electors of the counties designated in the resolution as the county or counties to which the territory of the county proposed to be abandoned and abolished is to be attached and made a part shall be as follows:

☐ FOR attaching to and making a part of the county of (name) a part of the territory within the boundaries of the county of (name) if the same is abandoned and abolished.

☐ AGAINST attaching to and making a part of the county of (name) a part of the territory within the boundaries of the county of (name) if the same is abandoned and abolished.
Mont. Code Ann. § 7-11-1003 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1003
7-11-1003 Authorization to create special districts
Status: in_force

7-11-1003 . Authorization to create special districts. (1) Whenever the public convenience and necessity may require:

(a) the governing body may:

(i) create a special district by resolution pursuant to 7-11-1007 , 7-11-1008 , and the provisions of 7-11-1009 , if applicable; or

(ii) order a referendum on the creation of a special district to serve the inhabitants of the special district as provided in 7-11-1011 and the provisions of 7-11-1009 , if applicable; or

(b) petitioners may initiate the creation of a special district to serve inhabitants of the special district as provided in subsection (2).

(2) (a) Upon receipt of a petition to institute the creation of a special district that is signed by at least 40% of the registered voters or by the owners of at least 40% of the real property within the boundary of the proposed special district and that is submitted to the clerk of the governing body, the governing body shall commence proceedings to create a special district as provided in subsection (1)(a).

(b) The form of the petition may be prescribed by the governing body, and the clerk of the governing body shall verify the signatures on the petition.

(c) Subject to subsection (2)(b), the petition must:

(i) require the printed name of each signatory;

(ii) specify whether the signatory is a property taxpayer or owner of real property within the proposed special district and either the street address or the legal description, whichever the signatory prefers, of that property;

(iii) describe the type of special district being proposed and the general character of any proposed improvements and program to be administered within the special district;

(iv) designate the method of financing any proposed improvements or maintenance program within the special district;

(v) include a description of the areas to be included in the proposed special district; and

(vi) specify whether the proposed special district would be administered by the local governing body or an appointed or elected board.

(3) Within 60 days of receipt of a petition to create a special district, the clerk of the governing body shall:

(a) certify that the petition is sufficient under the provisions of subsection (2) and present it to the governing body at its next meeting; or

(b) reject the petition if it is insufficient under the provisions of subsection (2).

(4) A defect in the contents of the petition or in its title, form of notice, or signatures may not invalidate the petition and subsequent proceedings as long as the petition has a sufficient number of qualified signatures attached.