Mont. Code Ann. § 7-3-4466 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4466
7-3-4466 Fire department
Status: in_force

7-3-4466 . Fire department. (1) The fire chief shall have exclusive control of the stationing and transfer of all firefighters and other officers and employees constituting the fire force, under such rules as the director of public safety may prescribe. The fire force shall be composed of a chief and such other officers, firefighters, and employees as the city manager may from time to time determine. In case of riot, conflagration, or emergency, the director of public safety may appoint additional firefighters and other officers for temporary service, who need not be in the classified service.

(2) The provisions of part 41 of chapter 33 and chapter 18 of Title 19 shall in all respects be applicable to and govern fire departments of all cities and towns operating under the commission-manager plan of government.
Mont. Code Ann. § 7-2-2722 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2722
7-2-2722 Disposition of property
Status: in_force

7-2-2722 . Disposition of property. Each county to which any part of the territory of an abandoned county is attached and made a part:

(1) shall succeed to, must have, must possess, and shall own all real estate, all improvements on the property, all tangible property, and all county highways situated within the territory of the abandoned county attached to the county and all certificates of tax lien sales to lands and improvements on the lands situated within the territory; and

(2) has the same right and power to sell and assign the certificates and to apply for and obtain tax deeds to the lands and improvements and to sell and dispose of the lands and improvements as were or would have been possessed by the abandoned county if it had not been abandoned.
Mont. Code Ann. § 7-6-2410 — MT Code / Title 7 / Chapter 6 / Part 24 / Section 7-6-2410
7-6-2410 Maintenance of records
Status: in_force

7-6-2410 . Maintenance of records. The county auditor shall carefully preserve all documents, books, records, and other papers required to be kept in the auditor's office. Each county auditor, on leaving office, shall deliver over to the successor in office all documents, books, records, and property in the office belonging to the county.
Mont. Code Ann. § 7-12-4112 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4112
7-12-4112 Hearing on protest
Status: in_force

7-12-4112 . Hearing on protest. (1) At the next regular meeting of the city or town council or commission after the expiration of the time within which said protest may be made, the city or town council or commission shall proceed to hear and pass upon all protests so made, and its decision shall be final and conclusive.

(2) The council or commission may adjourn said hearing from time to time. Protestants shall have the right to withdraw protest or protests at any time before final action thereon by the council or commission.

(3) In determining whether or not sufficient protests have been filed on a proposed district to prevent further proceedings therein, property owned by a county, city, or town shall be considered to the same effect as other property in the proposed district.
Mont. Code Ann. § 7-12-4110 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4110
7-12-4110 Protest against proposed work or district
Status: in_force

7-12-4110 . Protest against proposed work or district. (1) (a) Except as provided in subsections (1)(b) and (2), at any time within 15 days after the date of the first publication of the notice of the passage of the resolution of intention, any owner of property liable to be assessed for the work may make written protest against the proposed work or against the extent or creation of the district to be assessed, or both.

(b) If the period described in subsection (1)(a) includes a holiday as enumerated in 1-1-216 , other than a Sunday, the period must be extended for an additional 2 days.

(2) The provisions of subsection (1) do not apply to a district created under 7-12-4114 as a result of a petition submitted as provided in 7-12-4102 (3).

(3) A protest must be in writing, identify the property in the district owned by the protestor, and be signed by all the owners of the property. The protest must be delivered to the clerk of the city or town council or commission not later than 5 p.m. of the last day within the protest period. The clerk shall endorse on the protest document the date and hour of its receipt by the clerk.

(4) (a) For purposes of this section, "owner" means, as of the date a protest is filed, the record owner of fee simple title to the property.

(b) The term does not include a tenant of or other holder of a leasehold interest in the property.
Mont. Code Ann. § 7-13-3036 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3036
7-13-3036 Transfers to reserve fund considered as loans
Status: in_force

7-13-3036 . Transfers to reserve fund considered as loans. The amount or amounts transferred under 7-13-3035 must be considered as loans from the operation and maintenance fund to the reserve fund.
Mont. Code Ann. § 7-8-4201 — MT Code / Title 7 / Chapter 8 / Part 42 / Section 7-8-4201
7-8-4201 Disposal or lease of municipal property -- election
Status: in_force

7-8-4201 . Disposal or lease of municipal property -- election. (1) Subject to the provisions of subsection (2), the city or town council may sell, dispose of, donate, or lease any property belonging to the city or town.

(2) (a) Except for property described in subsection (3), the lease, donation, or transfer must be made by an ordinance or resolution passed by a two-thirds vote of all members of the council.

(b) Except for property acquired by tax deed or property described in subsection (3), if the property is held in trust for a specific purpose, the sale or lease must be approved by a majority vote of the electors of the municipality voting at an election called for that purpose. The election must be held in accordance with Title 13, chapter 1, part 4.

(3) If a city or town owns property containing a historically significant building or monument, the city or town may sell or give the property to nonprofit organizations or groups that agree to restore or preserve the property. The contract for the transfer of the property must contain a provision that:

(a) requires the property to be preserved in its present or restored state upon any subsequent transfer; and

(b) provides for the reversion of the property to the city or town for noncompliance with conditions attached to the transfer.

(4) This section may not be construed to abrogate the power of the board of park commissioners to lease all lands owned by the city that were acquired for parks within the limitations prescribed by 7-16-4223 .

(5) A city or town may donate land or sell 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. § 7-22-2141 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2141
7-22-2141 Noxious weed fund
Status: in_force

7-22-2141 . Noxious weed fund. (1) The commissioners shall create a noxious weed fund to be used only for purposes authorized by this part.

(2) The fund must be maintained by the county treasurer in accordance with 7-6-2111 .
Mont. Code Ann. § 7-10-106 — MT Code / Title 7 / Chapter 10 / Part 1 / Section 7-10-106
7-10-106 Regional resource authority -- certificate of incorporation or expansion from secretary of state
Status: in_force

7-10-106 . Regional resource authority -- certificate of incorporation or expansion from secretary of state. Within 10 days of receiving a copy of the resolution described in 7-10-105 , the secretary of state shall issue a certificate stating that the regional resource authority has been established or expanded under the laws of the state of Montana. The secretary of state shall file a copy of the certificate with the clerk and recorder in each county in which the authority is located.
Mont. Code Ann. § 7-34-2153 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2153
7-34-2153 Hearing on petition for annexation -- notice
Status: in_force

7-34-2153 . Hearing on petition for annexation -- notice. (1) At the first regular meeting after the presentation of said petition, said board of county commissioners shall cause notice of said petition to be published as provided in 7-1-2121 prior to the date fixed by said board for the hearing of said petition, which date shall be not less than 4 weeks after the filing of such petition.

(2) Upon the date fixed for such hearing or continuance thereof, said board shall take up and consider said petition and any objections which may be filed to the inclusion of any additional area or territory in said district.
Mont. Code Ann. § 7-3-4206 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4206
7-3-4206 Territorial limits and property
Status: in_force

7-3-4206 . Territorial limits and property. The territorial limits of such city shall remain the same as under the former organization, and all rights and property of every description which were vested in any such city under its former organization shall vest in the same under the organization herein contemplated, and no right or liability either in favor of or against it existing at the time and no suit or prosecution of any kind shall be affected by such change unless otherwise provided for in this part.
Mont. Code Ann. § 7-5-4401 — MT Code / Title 7 / Chapter 5 / Part 44 / Section 7-5-4401
7-5-4401 Division of municipalities into wards
Status: in_force

7-5-4401 . Division of municipalities into wards. (1) The first city or town council elected under the provisions of this title must divide the city or town into wards for election and other purposes, having regard to population so as to make them as nearly equal as possible.

(2) (a) Cities of the first class must be divided into not less than four or more than 10 wards.

(b) Cities of the second class must be divided into not less than three or more than six wards.

(c) Cities of the third class must be divided into not less than two or more than four wards.

(d) Towns must be divided into not less than two or more than three wards; provided, however, that the town council may by ordinance reduce the number of wards in a town to only one if it so desires.

(3) All changes in the number and boundaries of wards must be made by ordinance. No new ward must be created unless there shall be within its boundaries 150 or more electors.
Mont. Code Ann. § 7-7-2201 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2201
7-7-2201 Purposes for which general obligation bonds of county may be issued
Status: in_force

7-7-2201 . Purposes for which general obligation bonds of county may be issued. The board of county commissioners of a county may issue, negotiate, and sell coupon bonds on the credit of the county, as more specifically provided in this part, for any of the following purposes:

(1) acquiring land for sites and grounds for a public building or buildings of any kind within the county and under its control, which the county has lawful authority to acquire or erect, control, and maintain except that if the bonds are sold to fund a multicounty jail facility, funds may be used in the county in which the multicounty jail facility is located;

(2) acquiring land for any other public use or activity within the county, under its control and authorized by law;

(3) (a) constructing, erecting, or acquiring by purchase necessary public buildings within the county, under its control and authorized by law;

(b) making additions to and repairing buildings; and

(c) furnishing and equipping the buildings except that if the bonds are sold to fund a multicounty jail facility, funds may be used in the county in which the multicounty jail facility is located;

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

(5) enabling a county to liquidate its indebtedness to another county incident to the creation of a new county or the changing of any county boundary line;

(6) funding, paying, and retiring outstanding county warrants lawfully issued against the county general fund, road fund, or bridge fund when:

(a) there is not sufficient money in the fund against which the warrants are drawn to pay and retire the warrants; and

(b) the levying of taxes sufficient to pay and retire the warrants within a period of 3 years would, in the judgment of the board, work a hardship and be an undue burden upon the taxpayers of the county.
Mont. Code Ann. § 7-8-2510 — MT Code / Title 7 / Chapter 8 / Part 25 / Section 7-8-2510
7-8-2510 Special provisions relating to oil and gas development
Status: in_force

7-8-2510 . Special provisions relating to oil and gas development. (1) Subject to the provisions of subsection (2), when considered in the best interests of the county, the board may:

(a) enter into agreements for the pooling of acreage with others for unit operations for the production of oil or gas or both and for the apportionment of oil or gas royalties or both on acreage or other equitable basis; and

(b) modify existing leases and leases hereafter entered into with respect to delay rentals, delay drilling penalties, and royalties in accordance with such pooling agreements and such unit plans of operation.

(2) Such agreements shall not change the percentages of royalties to be paid to the county from the percentages as fixed in its leases.
Mont. Code Ann. § 7-2-4406 — MT Code / Title 7 / Chapter 2 / Part 44 / Section 7-2-4406
7-2-4406 Hearing on question of annexation -- resolution of annexation
Status: in_force

7-2-4406 . Hearing on question of annexation -- resolution of annexation. (1) At the time and place set for the aforesaid public hearing, the governing body of the municipality shall hear all persons and all things relative to the proposed annexation.

(2) If the governing body shall find that it is to the best interests of the municipality and its inhabitants to annex the land, it shall adopt a resolution of annexation of the land. Said resolution shall become effective 30 days after its passage and approval, and thereafter the boundary of said municipality shall be as set forth in said resolution.
Mont. Code Ann. § 7-13-2231 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2231
7-13-2231 Election or appointment of board of directors
Status: in_force

7-13-2231 . Election or appointment of board of directors. (1) The district shall elect a board of directors, except as provided in subsection (2).

(2) If no qualified electors reside in the district at a time when directors of the district are to be elected, the directors must be appointed in a certificate of appointment. The certificate of appointment must be signed by the owners of all of the real property in the district and must contain the signed acceptance of the appointment by all of the directors.

(3) The board of directors is the governing body of the district.
Mont. Code Ann. § 7-4-2104 — MT Code / Title 7 / Chapter 4 / Part 21 / Section 7-4-2104
7-4-2104 Commissioners to be elected by district
Status: in_force

7-4-2104 . Commissioners to be elected by district. (1) At each general election, the member or members of the board of county commissioners to be elected must be selected from the residents and electors of the district or districts in which the vacancy occurs, but the election of the member or members of the board must be submitted to the entire electorate of the county unless otherwise provided for under:

(a) a plan of government provided for in a county adopting an optional or alternative form of government; or

(b) a court order.

(2) A person may not be elected as a member of a board of county commissioners unless the person has resided in the county and the district for at least 2 years immediately preceding the general election.
Mont. Code Ann. § 7-7-4272 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4272
7-7-4272 Cancellation of bonds and coupons
Status: in_force

7-7-4272 . Cancellation of bonds and coupons. (1) All bonds and interest coupons paid by the city treasurer or town clerk from time to time must be canceled by the treasurer or clerk. After cancellation, the treasurer or clerk shall deliver the bonds and coupons to the city or town clerk, with a report showing the numbers of the bonds and the amounts paid as principal and interest. The city treasurer or town clerk shall enter on the records of the registration of the bonds the date of the payment of the bonds and the coupons attached to the bonds.

(2) The city or town clerk shall exhibit the bonds and coupons, with the report, to the city or town council at its next regular meeting.
Mont. Code Ann. § 7-12-2183 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2183
7-12-2183 Loan from revolving fund to meet payments on bonds and warrants or to make emergency repairs
Status: in_force

7-12-2183 . Loan from revolving fund to meet payments on bonds and warrants or to make emergency repairs. (1) During the period described in 7-12-2185 (2), when any rural special improvement district bond or warrant secured by the revolving fund or any interest on the bond or warrant becomes due and payable and there is either no money or insufficient money in the appropriate district fund after a transfer from the appropriate district reserve account, if established, with which to pay the bond, warrant, or interest, an amount sufficient to make up the deficiency must be loaned by the revolving fund to the district fund. The bond, warrant, or interest must be paid from the money loaned and money available in the district fund. The loan must be made even if, in the case of bonds or warrants bearing interest at a variable rate, the interest rate on the special assessments at the time the loan is made is less than or later becomes less than the interest rate on the bonds or warrants.

(2) If there is insufficient money in the rural special improvement district maintenance fund to pay the cost of emergency repairs, the board of county commissioners, by order or resolution, may loan money from the revolving fund to the district maintenance fund. The loan must be repaid in annual installments in not more than 3 years. The loans may not cause a default in the payments of the principal of the bonds or warrants or the interest on the bonds or warrants. The loan must be repaid by an assessment as provided by 7-12-2120 if other funds are not available. If there are insufficient funds in the revolving fund to make the loans without causing a default in the payment of the principal of the bonds or warrants or the interest on the bonds or warrants secured by the revolving fund, then the loans may not be made.
Mont. Code Ann. § 7-12-2102 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2102
7-12-2102 Authorization to create rural improvement districts -- property owners may petition for creation
Status: in_force

7-12-2102 . Authorization to create rural improvement districts -- property owners may petition for creation. (1) Whenever the public interest or convenience may require, the board of county commissioners may order and create special improvement districts outside of the limits of incorporated towns and cities for the purpose of maintaining existing public improvements or building, constructing, or acquiring by purchase one or more of the improvements of the kind described in 7-12-4102 , in or for the benefit of the special improvement district.

(2) (a) Except as provided in subsection (2)(b), the board of county commissioners may order and create a special improvement district on the receipt of a petition to create a special improvement district that contains the consent of all of the owners of property to be included in the district.

(b) The board of county commissioners may order and create a special improvement district solely for the purpose of road maintenance:

(i) on the receipt of a petition to create the district that contains the consent of the owners of more than 85% of the area of the property proposed in the petition to be included in the district; or

(ii) if all of the roads to be maintained are public improvements, on the receipt of a petition of more than 50% of the area of the property proposed in the petition to be included in the district.

(c) The property proposed to be included in the district allowed in subsection (2)(b) must be located in a residential subdivision, except that the owner of property located outside of a residential subdivision may consent to the inclusion of the property in the proposed district.

(d) If all of the owners of property in the area proposed in the petition to be included in the district have waived their right to protest the creation of a rural improvement district, no petition is necessary and the board of county commissioners may order and create the district.

(3) The board of county commissioners may order and create special improvement districts covering projects abutting the city limits and include properties inside the city where the rural improvement district abuts and benefits that property. Properties within the proposed district boundaries inside the city may not be included in the rural special improvement district if, under the assessment methodology provided in the resolution of intention, the owners of lots, tracts, or parcels in the city representing not less than 40% of the total projected assessments against properties in the city protest the creation of the rural special improvement district. The property inside the city must be treated in a similar manner as to improvements, notices, and assessments as the property outside the city limits. A joint resolution of the city and county must be passed agreeing to the terms of the rural special improvement district prior to passing the resolution of intention or resolution creating the rural special improvement district. A copy of the resolution of intention and the resolution creating the rural special improvement district must be provided to the city clerk on the passage of the respective resolutions.
Mont. Code Ann. § 7-3-1208 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1208
7-3-1208 Election of commission upon favorable vote
Status: in_force

7-3-1208 . Election of commission upon favorable vote. (1) If the majority of the votes cast at the election are in favor of the consolidation and merging, the board of county commissioners of the county shall, within 2 weeks after the election returns have been canvassed, order an election to be held in accordance with Title 13, chapter 1, part 4, for the purpose of electing the number of members of the commission to which the consolidated municipality is entitled. This order must specify the date when the election will be held.

(2) A primary election may not be held for the purpose of nominating candidates. A candidate for commissioner shall file a declaration of candidacy with the election administrator within the timeframe specified in 13-1-403 .
Mont. Code Ann. § 7-11-103 — MT Code / Title 7 / Chapter 11 / Part 1 / Section 7-11-103
7-11-103 Definition
Status: in_force

7-11-103 . Definition. For the purposes of this part, the term "public agency" shall mean any political subdivision, including municipalities, counties, school districts, and any agency or department of the state of Montana.
Mont. Code Ann. § 7-2-2422 — MT Code / Title 7 / Chapter 2 / Part 24 / Section 7-2-2422
7-2-2422 Certification of list of names
Status: in_force

7-2-2422 . Certification of list of names. (1) The clerk of the district court of the county from which a new county is segregated or, if a new county is segregated from two or more counties, the clerks of district court of each of the counties shall take the names of persons that appear upon the jury list for the year, which may have been certified to the clerk or clerks of district court by the jury commission or commissions of the respective county or counties to be residents of the territory embraced in the new county, and shall certify the names to the clerk of the district court of the new county.

(2) The names constitute the jury list for the new county for the year.

(3) The new list must be made and certified by the clerk or clerks of district court of the existing county or counties as soon after the creation of the new county as may be practicable and in any event within 5 days after a request for the list is made by the clerk of the district court of the new county.
Mont. Code Ann. § 7-4-2713 — MT Code / Title 7 / Chapter 4 / Part 27 / Section 7-4-2713
7-4-2713 Actions to recover money
Status: in_force

7-4-2713 . Actions to recover money. The county attorney shall prosecute all recognizances forfeited in the courts of record and all actions for the recovery of debts, fines, penalties, and forfeitures accruing to the state or the county.
Mont. Code Ann. § 7-34-2165 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2165
7-34-2165 Alteration of hospital district boundaries for inaccessibility
Status: in_force

7-34-2165 . Alteration of hospital district boundaries for inaccessibility. Hospital district boundaries may be altered due to an inability to access public services as provided in Title 7, chapter 2, part 61.
Mont. Code Ann. § 7-13-4102 — MT Code / Title 7 / Chapter 13 / Part 41 / Section 7-13-4102
7-13-4102 Authority to acquire natural gas system -- indebtedness permitted
Status: in_force

7-13-4102 . Authority to acquire natural gas system -- indebtedness permitted. (1) The city or town council has power to contract an indebtedness of a city or town upon the credit thereof by borrowing money or issuing bonds for the construction, purchase, or development of an adequate supply of natural gas and to construct or purchase a system of gaslines for the distribution thereof to the inhabitants of the city or town or vicinity.

(2) No money may be borrowed or bonds issued for the purposes specified in this section until the proposition has been submitted to the vote of the taxpayers of the city or town affected thereby and the majority vote cast in its favor.
Mont. Code Ann. § 7-32-4116 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4116
7-32-4116 Minimum wage of police in first- and second-class cities
Status: in_force

7-32-4116 . Minimum wage of police in first- and second-class cities. (1) Each duly confirmed member of a police department of cities of the first and second class of Montana is entitled to a minimum wage for a daily service of 8 hours' work of at least $750 per month for the first year of service and thereafter at least $750 a month plus 1% of the minimum base monthly salary of $750 for each additional year of service up to and including the 20th year of additional service.

(2) This section applies to cities and towns not of the first class which have elected to come under the provisions of Chapter 120, Laws of 1929, as amended, or Chapter 335, Laws of 1974, as amended.

(3) Added salary for years of service will be based on the base monthly salary as established in this section and not on the actual current salary.
Mont. Code Ann. § 7-12-2155 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2155
7-12-2155 Apportionment of costs between corner lots and inside lots
Status: in_force

7-12-2155 . Apportionment of costs between corner lots and inside lots. In order to apportion the cost of any of the improvements provided for in this part between the corner lots and inside lots of any block, the board of county commissioners may, in the resolution creating any improvement district, provide that whenever any of the improvements provided for in this part shall be along any side street or abutting upon the side of any corner lot or block, the amount of the assessment against the property in said district to defray the cost of such improvements shall be so assessed that each square foot of the land embraced within any such corner lot shall bear double the amount of the cost of such improvement that a square foot of any inside lot shall bear.
Mont. Code Ann. § 7-7-4603 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4603
7-7-4603 Scope of part
Status: in_force

7-7-4603 . Scope of part. (1) This part constitutes full and complete authority for the issuance of refunding bonds. No procedure or proceedings, publications, notices, consents, approvals, orders, acts, or things by any governing body of any municipality or any board, officer, commission, department, agency, or instrumentality of the state or any municipality shall be required to issue any refunding bonds or to do any act or perform any thing under this part except as may be prescribed in this part.

(2) The powers conferred by this part shall be in addition and supplemental to and not in substitution for and the limitations imposed by this part shall not affect the powers conferred by any other law.

(3) This part is remedial in nature and shall be liberally construed.
Mont. Code Ann. § 7-14-1131 — MT Code / Title 7 / Chapter 14 / Part 11 / Section 7-14-1131
7-14-1131 Municipal tax levy
Status: in_force

7-14-1131 . Municipal tax levy. Subject to 15-10-420 , the port authority may request annually from the governing bodies the amount of tax to be levied by each municipality participating in the creation of the port authority, and the municipality may levy the amount requested, pursuant to provisions of law authorizing cities and other political subdivisions of this state to levy taxes. The municipality shall collect the taxes requested by a port authority that it has authorized in the same manner as other taxes are levied and collected and make payment to the port authority. The proceeds of the taxes when and as paid to the port authority must be deposited in a special account or accounts in which other revenue of the authority is deposited and may be expended by the authority as provided for in this part. Prior to the issuance of bonds under 7-14-1133 and 7-14-1134 , the port authority or the municipality may by resolution covenant and agree that the total amount of taxes then authorized by law, or the portion of the taxes that may be specified by the resolution, will be requested, levied, and deposited annually as provided in this section until the bonds and interest are fully paid.
Mont. Code Ann. § 7-3-4436 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4436
7-3-4436 Sinking fund trustees
Status: in_force

7-3-4436 . Sinking fund trustees. (1) The members of the commission, the city manager, and the director of finance shall constitute the sinking fund trustees. The mayor shall be the president and the director of finance shall be the secretary of the trustees of the sinking fund.

(2) The trustees of the sinking fund shall manage and control the sinking fund in the manner provided by laws of Montana or by ordinance.
Mont. Code Ann. § 7-3-1227 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1227
7-3-1227 Petition for initiative
Status: in_force

7-3-1227 . Petition for initiative. (1) Any proposed ordinance, except an ordinance making an appropriation, may be submitted to the commission by petition signed by 10% of the qualified electors of the municipality whose names appear on the register of voters on the date when the proposed ordinance is submitted to the commission.

(2) All petition papers circulated with respect to any proposed ordinance must be uniform in character and must contain the proposed ordinance in full.

(3) Proposed ordinances for repealing any existing ordinance or ordinances, in whole or in part, may be submitted to the commission as provided in 7-3-1227 through 7-3-1229 for initiating ordinances.
Mont. Code Ann. § 7-14-218 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-218
7-14-218 Compensation of transportation board members
Status: in_force

7-14-218 . Compensation of transportation board members. The board members shall serve without pay except for necessary transportation expenses.
Mont. Code Ann. § 7-7-4225 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4225
7-7-4225 Presentation of petition to city or town clerk -- clerk's certificate
Status: in_force

7-7-4225 . Presentation of petition to city or town clerk -- clerk's certificate. (1) The completed petition for an election on the bonds must be filed with the city or town clerk. The clerk shall, within 15 days, carefully examine the petition and the county records showing the qualifications of the petitioners and attach to the petition a certificate, under official signature.

(2) The certificate must set forth:

(a) the total number of persons who are registered electors;

(b) which and how many of the persons whose names are subscribed to the petition have all of the qualifications required of signers to the petition;

(c) whether the qualified signers constitute more or less than 20% of the registered electors of the city or town.
Mont. Code Ann. § 7-12-4329 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4329
7-12-4329 Notice of resolution for assessment of installation costs -- hearing on resolution
Status: in_force

7-12-4329 . Notice of resolution for assessment of installation costs -- hearing on resolution. (1) A notice, signed by the city clerk, stating that the resolution levying the assessment to defray the portion of the cost of installing and maintaining the lights and supplying electrical current for the first year as determined by the city or town council is on file in the city clerk's office subject to inspection, must be published as provided in 7-1-4127 .

(2) The notice must state the time and place at which objections to the final adoption of the resolution will be heard by the council.
Mont. Code Ann. § 7-15-4431 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4431
7-15-4431 Appointment of commissioners
Status: in_force

7-15-4431 . Appointment of commissioners. (1) An authority consists of seven commissioners appointed by the mayor. The mayor shall designate the first presiding officer. A commissioner may not be a city official.

(2) Two of the commissioners must be directly assisted by the housing authority and are known as resident commissioners. The staff of the housing authority may not involve itself in the nomination or appointment of resident commissioners, except that the housing authority shall notify all of the households directly assisted by the housing authority when a resident commissioner position is vacant.

(3) The mayor shall file with the city clerk a certificate of the appointment or reappointment of any commissioner, and the certificate is conclusive evidence of the proper appointment of the commissioner.
Mont. Code Ann. § 7-13-2306 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2306
7-13-2306 Contents of notice -- hearing and protest
Status: in_force

7-13-2306 . Contents of notice -- hearing and protest. The notice required by 7-13-2304 must state:

(1) the amount of money required;

(2) the method of assessment that the board or boards of county commissioners intend to employ;

(3) the boundaries or description of the lands to be assessed, which may be recited in full or may be given by reference to any instrument on file or of record in the office of the clerk and recorder or treasurer of the county or counties in which the district or part of the district is situated or with the department of revenue; and

(4) the time when and the place where the board or boards of county commissioners will hear and pass upon all protests that may be made against the levy of the tax or any matter pertaining to the tax.
Mont. Code Ann. § 7-2-4708 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4708
7-2-4708 Notice of hearing
Status: in_force

7-2-4708 . Notice of hearing. The notice of public hearing must:

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

(2) describe clearly the boundaries of the area under consideration; and

(3) state that the report required in 7-2-4731 will be available in the office of the municipal official designated by the governing body at least 14 days prior to the date of the public hearing.
Mont. Code Ann. § 7-4-2702 — MT Code / Title 7 / Chapter 4 / Part 27 / Section 7-4-2702
7-4-2702 Procedure to fill vacancy in office of county attorney
Status: in_force

7-4-2702 . Procedure to fill vacancy in office of county attorney. Whenever a vacancy in the office of county attorney arises in a county, the board of county commissioners is authorized to appoint an attorney who meets the qualifications established in 7-4-2701 to fill the vacancy.
Mont. Code Ann. § 7-13-3043 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3043
7-13-3043 Applicable provisions of laws relating to rural improvement districts
Status: in_force

7-13-3043 . Applicable provisions of laws relating to rural improvement districts. The provisions of 7-12-2101 , 7-12-2107 , 7-12-2115 through 7-12-2120 , 7-12-2131 through 7-12-2140 , 7-12-2153 , 7-12-2154 , 7-12-2161 through 7-12-2165 , 7-12-2166 (2), 7-12-2168 (2), 7-12-2169 , and 7-12-2171 through 7-12-2174 pertaining to rural improvement districts apply to this part unless in conflict with the provisions of this part.
Mont. Code Ann. § 7-6-4454 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4454
7-6-4454 Certification of all-purpose levy to county officers
Status: in_force

7-6-4454 . Certification of all-purpose levy to county officers. In the event that it is necessary to certify such a municipal levy to county officers for collection, the same shall be certified as an all-purpose levy.
Mont. Code Ann. § 7-4-2308 — MT Code / Title 7 / Chapter 4 / Part 23 / Section 7-4-2308
7-4-2308 Joint hearings
Status: in_force

7-4-2308 . Joint hearings. Nothing herein shall prevent the boards of county commissioners in counties affected by intercounty consolidation from holding joint hearings, provided the proper notice is given in each of the counties affected as set forth in 7-4-2306 and 7-4-2307 .
Mont. Code Ann. § 7-3-4448 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4448
7-3-4448 Vacating or changing name of street
Status: in_force

7-3-4448 . Vacating or changing name of street. (1) The commission, in vacating any street or part of a street or changing the name of any street, may include in one ordinance the change of name or the vacation or narrowing of more than one street, alley, or avenue. Before vacating any street or part thereof or narrowing any street, the commission shall first pass a resolution declaring its intention to do so.

(2) The city manager shall serve notice of the resolution, in the manner that service of summons is required to be made in civil actions, upon all persons who are owners or purchasers under contracts for deed of property that abuts upon the portion of the street affected by the proposed vacation or narrowing and shall publish notice once in one daily newspaper of general circulation in the municipality if there is one or if not, once in one weekly newspaper of like circulation. The notice shall state the time and place at which objections will be heard.

(3) Unless at least 51% of the affected property owners object to the proposed vacation or narrowing, the commission may by ordinance declare such vacation or narrowing. The order of the commission vacating or narrowing a street or alley which has been dedicated to public use by the proprietor, to the extent that it is vacated or narrowed, operates as a revocation of the acceptance thereof by the commission, but the right-of-way and easement therein of any lot owner is not impaired thereby.
Mont. Code Ann. § 7-21-4208 — MT Code / Title 7 / Chapter 21 / Part 42 / Section 7-21-4208
7-21-4208 Regulation of purchases from minors by pawn, secondhand, and junk shops
Status: in_force

7-21-4208 . Regulation of purchases from minors by pawn, secondhand, and junk shops. The city or town council has power to prevent the keepers of pawn, secondhand, and junk shops from the purchasing of any article from a minor without the written consent of the parent or guardian of such minor.
Mont. Code Ann. § 7-7-4407 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4407
7-7-4407 Role of state agencies
Status: in_force

7-7-4407 . Role of state agencies. A municipality acting pursuant to this part is not required to obtain any certificate of convenience or necessity, franchise, license, permit, or other authorization from any bureau, board, commission, or other instrumentality of the state in order to acquire, construct, purchase, reconstruct, improve, better, extend, maintain, and operate an undertaking. The supervisory powers and duties of the department of environmental quality apply to projects under this part.
Mont. Code Ann. § 7-14-203 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-203
7-14-203 Initiating process to create or enlarge urban transportation district
Status: in_force

7-14-203 . Initiating process to create or enlarge urban transportation district. Proceedings for creating or enlarging a transportation district may be initiated:

(1) by a resolution passed by the county commission. The resolution must include a map showing the limits of the proposed district or the area to be added to an existing district and call for a public hearing on the creation of the district or the enlargement of the district.

(2) by an elector's petition signed by not less than 20% of the registered electors who reside within the proposed district or the area to be added to an existing district.
Mont. Code Ann. § 7-14-2106 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2106
7-14-2106 Parking regulations in unincorporated places
Status: in_force

7-14-2106 . Parking regulations in unincorporated places. The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to establish by resolution parking regulations for the purpose of regulating the parking of motor vehicles in unincorporated towns and villages.
Mont. Code Ann. § 7-14-4511 — MT Code / Title 7 / Chapter 14 / Part 45 / Section 7-14-4511
7-14-4511 Provision of parking meters in smaller municipalities -- ordinance required
Status: in_force

7-14-4511 . Provision of parking meters in smaller municipalities -- ordinance required. The city or town council of any incorporated city or town of 2,500 population or less is hereby empowered to enact an ordinance or ordinances:

(1) to purchase, rent, lease, or otherwise acquire coin-operating parking meters or other devices or instruments used for the purpose of measuring the duration of time an automobile or other vehicle is parked;

(2) to install, maintain, and operate said meters, devices, or instruments at or near any public street, highway, avenue, or other public place within the corporate limits of such city or town;

(3) to provide for such regulations as necessary to govern the use of its public streets, highways, avenues, or other public places for the purpose of parking automobiles or other vehicles and the use of said meters, devices, or instruments in conjunction therewith, including the establishment and designation of zones or areas where said meters, devices, or instruments are to be used.
Mont. Code Ann. § 7-7-2268 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2268
7-7-2268 Redemption of bonds
Status: in_force

7-7-2268 . 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 outstanding bonds, or principal installments in the case of amortization 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 county treasurer shall apply the available money in redemption of as many of the bonds, or principal installments in the case of amortization 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 county treasurer.

(2) The county treasurer shall give notice, by mail sent at least 30 days before the redemption date, to the holder of the bonds, if ownership of the bonds is registered or is otherwise known to the treasurer, to the registered owners at their addresses as they appear in the bond registration books, and to any bank or financial institution at which the bonds are payable that the bonds or principal installments will be paid and redeemed 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 county treasurer shall also publish in the official newspaper of the county or other newspaper designated in the resolution authorizing the issuance of the bonds once, not less than 30 days prior to the redemption date, a notice that the bonds or principal installments have been called for redemption and will be paid in full on 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 or principal installments are payable at a bank or financial institution, the county treasurer shall remit to the bank or financial institution, before the redemption date, an amount sufficient to pay and redeem the bonds or principal installments with interest accrued on the bonds or principal installments. If the bonds are not presented for payment and redemption on the redemption date, interest ceases on that date if the funds for payment and redemption have been deposited in a bank or financial institution.
Mont. Code Ann. § 7-12-2196 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2196
7-12-2196 Water user entities exempt from special assessments
Status: in_force

7-12-2196 . Water user entities exempt from special assessments. Rights-of-way, ditches, flumes, pipelines, dams, water rights, reservoirs, equipment, machinery, motor vehicles, and other personal property owned by a nonprofit water company, water users' association, irrigation company, canal company, ditch company, reservoir company, or similar nonprofit water user entity are exempt from every special assessment imposed by any improvement or maintenance district created under Title 7, chapter 12.
Mont. Code Ann. § 7-34-2402 — MT Code / Title 7 / Chapter 34 / Part 24 / Section 7-34-2402
7-34-2402 Sources of money for depletion allowance reserve fund
Status: in_force

7-34-2402 . Sources of money for depletion allowance reserve fund. Money for the depletion allowance reserve fund may be derived from:

(1) public and private grants;

(2) money collected by the health care facility for which the fund is created, from or for indigent patients or residents, that is in excess of the expenses incurred for the care of the patients or residents.
Mont. Code Ann. § 7-23-4104 — MT Code / Title 7 / Chapter 23 / Part 41 / Section 7-23-4104
7-23-4104 Cruelty to animals
Status: in_force

7-23-4104 . Cruelty to animals. The city or town council has power to prohibit and punish cruelty to animals.
Mont. Code Ann. § 7-4-2637 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2637
7-4-2637 Fees for recording documents -- rulemaking
Status: in_force

7-4-2637 . Fees for recording documents -- rulemaking. (1) Except as provided in 7-2-2803 (4) and 7-4-2631 , the fee for recording a standard document that meets the requirements of 7-4-2636 is as follows:

(a) $20 for the first page or fraction of a page and $10 a page for each additional page or fraction of a page; and

(b) beginning July 1, 2027, the department of revenue shall set the fee under this subsection (1) by administrative rule to adjust for inflation. The fee contained in subsection (1)(a) must be adjusted biennially using an inflation factor, which is determined by dividing the consumer price index for June of the previous tax year by the consumer price index for June 2025. The resulting figure must be rounded down to the nearest whole dollar amount.

(2) Except as provided in 7-2-2803 (4), the fee for recording a document that does not meet the requirements of 7-4-2636 is the fee specified in subsection (1) plus $10.

(3) (a) Of the fees collected under subsection (1), for each page or fraction of a page:

(i) $2 must be deposited in the records preservation fund, provided for in 7-4-2635 ;

(ii) 75 cents must be deposited in the county land information account provided for in 7-6-2230 ;

(iii) $2.25 must be transmitted each month to the department of revenue in the manner prescribed by the department of revenue for deposit in the Montana geospatial information account created in 90-1-409 ;

(iv) the remainder must be deposited as provided for in 7-4-2511 ; and

(v) beginning July 1, 2027, the department of revenue shall set the amounts deposited or transmitted under subsections (3)(a)(i) through (3)(a)(iii) by administrative rule to adjust for inflation. The amounts contained in subsections (3)(a)(i) through (3)(a)(iii) must be adjusted biennially using an inflation factor, which is determined by dividing the consumer price index for June of the previous tax year by the consumer price index for June 2025. The resulting figure must be rounded down to the nearest quarter dollar amount.

(b) The fees collected under subsection (2) must be deposited in the records preservation fund provided for in 7-4-2635 .
Mont. Code Ann. § 7-13-2203 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2203
7-13-2203 County water and/or sewer districts authorized
Status: in_force

7-13-2203 . County water and/or sewer districts authorized. (1) A county water and/or sewer district may be organized and incorporated and managed as herein expressly provided and may exercise the powers herein expressly granted or necessarily implied.

(2) The people of any county or counties or portion of a city or a county or city and county or any combination of these political divisions, whether such portion includes unincorporated territory or not, in the state of Montana, may organize a county water and/or sewer district under the provisions of this part and part 23 by proceeding as therein provided.
Mont. Code Ann. § 7-5-4101 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4101
7-5-4101 General powers of municipal council
Status: in_force

7-5-4101 . General powers of municipal council. The city or town council has power to make and pass all bylaws, ordinances, orders, and resolutions not repugnant to the constitution of the United States or of the state of Montana or to the provisions of this title, necessary for the government or management of the affairs of a city or town, for the execution of the powers vested in the body corporate, and for carrying into effect the provisions of this title.
Mont. Code Ann. § 7-4-2813 — MT Code / Title 7 / Chapter 4 / Part 28 / Section 7-4-2813
7-4-2813 Maintenance of records
Status: in_force

7-4-2813 . Maintenance of records. (1) The county surveyor shall keep in the office a record of all surveys and plats made or caused to be made by the surveyor, to be recorded in proper books provided for that purpose. The county surveyor shall also keep on file and for record, in suitable plat books provided for that purpose, copies of all plats made or caused to be made by the surveyor and have recorded in the books a description of every public highway within the county.

(2) All books of record, together with original drawings and the original book or books of field notes, calculations, and computations, are and remain the property of the county and must be preserved as county records.
Mont. Code Ann. § 7-14-4732 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4732
7-14-4732 Procedure upon receipt of petition for creation of offstreet parking district
Status: in_force

7-14-4732 . Procedure upon receipt of petition for creation of offstreet parking district. (1) If a petition for the formation of an improvement district for the leasing, improvement, or operation and maintenance of an offstreet parking site is presented to the governing body purporting to be signed by all of the real property owners in the proposed district, exclusive of mortgagees and other lienholders, the governing body, after verifying the ownership and making a finding of fact, shall adopt a resolution of intention to order the improvement, pursuant to the provisions of 7-12-4104 and 7-12-4117 , and may adopt the resolution ordering the improvement pursuant to 7-12-4114 without the publication of the resolution of intention provided for in 7-12-4106 . However, if special improvement district bonds are proposed to be issued and secured by the revolving fund, the requirements of 7-12-4106 , 7-12-4108 through 7-12-4110 , 7-12-4112 through 7-12-4114 , 7-12-4169 , 7-12-4189 , 7-12-4222 , 7-12-4223 , and 7-12-4225 must be met by the governing body.

(2) If a petition for the formation of an improvement district for offstreet parking purposes and for the leasing of sites and improvement, operation, and maintenance of sites is signed by the owners of a majority of the frontage of the property proposed to be contained within the limits of the assessment district and is presented to the governing body, the governing body shall adopt a resolution of intention ordering the proposed improvement and publish the resolution pursuant to the provisions of 7-12-4104 and 7-12-4106 .
Mont. Code Ann. § 7-23-4103 — MT Code / Title 7 / Chapter 23 / Part 41 / Section 7-23-4103
7-23-4103 Relation of municipal dog license tags to other laws
Status: in_force

7-23-4103 . Relation of municipal dog license tags to other laws. Any dog license tag issued annually by any municipal corporation pursuant to an ordinance which substantially complies with parts 1 and 21 and which provides for the wearing of the license tag upon the collar of the dog and the keeping of a record which will establish the identity of the person who owns, keeps, or harbors the dog constitutes compliance with the licensing provisions of parts 1 and 21.
Mont. Code Ann. § 7-33-4104 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4104
7-33-4104 Duties of chief and assistant chief of fire department
Status: in_force

7-33-4104 . Duties of chief and assistant chief of fire department. (1) The chief of the fire department has sole command and control over all persons connected with the fire department of the city or town and has full power and authority over its organization, government, and discipline. The chief may establish disciplinary rules that the chief considers advisable, subject to the approval of the city or town council. The chief has charge of and is responsible for the engines and other apparatus and the property of the town or city furnished to the fire department and shall see that they are at all times ready for use in the extinguishing of fires.

(2) The assistant chief of the fire department shall aid the chief in the work of the department and in the chief's absence shall perform the chief's duties.
Mont. Code Ann. § 7-22-2153 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2153
7-22-2153 Agreements for control of noxious weeds along roads -- liability of landowner who objects to weed district control measures -- penalties
Status: in_force

7-22-2153 . Agreements for control of noxious weeds along roads -- liability of landowner who objects to weed district control measures -- penalties. (1) The board may enter into an agreement with a landowner that allows the landowner to manage noxious weeds along a state or county highway or road that borders or bisects the landowner's property.

(2) The agreement must be signed by the landowner and the board's presiding officer. An agreement involving a state highway right-of-way must also be signed by a representative of the department of transportation.

(3) The agreement must contain a statement disclaiming any liability of the board and, if applicable, the department of transportation for any injuries or losses suffered by the landowner or anyone acting on behalf of the landowner in managing noxious weeds pursuant to the agreement. The signed agreement transfers responsibility for managing noxious weeds on the specified section of right-of-way from the board to the landowner who signed the agreement.

(4) If the landowner violates the agreement, the board shall issue an order informing the landowner that the agreement will be void and that responsibility for the management of noxious weeds on the right-of-way will revert to the board unless the landowner complies with the agreement within a specified time period.

(5) (a) If a landowner objects to weed control measures along a state or county highway or road that borders or bisects the landowner's property and does not enter into an agreement pursuant to this section and if the board finds that the person has failed to provide alternative weed control, the board shall issue an order informing the landowner that the management of noxious weeds on the right-of-way will be undertaken by the board unless the landowner provides to the board an acceptable plan of alternative weed control within 30 days.

(b) Failing to provide alternative weed control pursuant to subsection (5)(a) is a misdemeanor. Upon conviction, an offender shall be sentenced pursuant to 46-18-212 and assessed the costs of weed control provided by the board. A second or subsequent conviction is punishable by a fine of not less than $500 or more than $2,000, plus the costs of weed control provided by the board.
Mont. Code Ann. § 7-3-178 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-178
7-3-178 Term of office -- vacancies -- compensation
Status: in_force

7-3-178 . Term of office -- vacancies -- compensation. (1) The term of office of study commission members begins on the day that their election to the study commission is declared or certified under 13-15-405 or on the day of their appointment and ends on the day of the vote on the alternative plan. If the alternative plan is adopted, the term continues for 90 days after the day of the vote on the alternative plan. If the commission recommends no alternative plan, the term ends 30 days after submission of the final report in accordance with 7-3-187 .

(2) A vacancy on a study commission, including an ex officio member vacancy, must be determined in the same manner as a vacancy in municipal office as provided in 7-4-4111 . A vacancy on a study commission must be filled by appointment by the governing body of the local government being studied by the commission. The appointment must be made within 30 days of the date the vacancy occurs.

(3) Members of the study commission may not receive compensation other than for actual and necessary expenses incurred in their official capacity.
Mont. Code Ann. § 7-32-232 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-232
7-32-232 Role of auxiliary officers -- when auxiliary officers may carry less than lethal weapons
Status: in_force

7-32-232 . Role of auxiliary officers -- when auxiliary officers may carry less than lethal weapons. (1) Auxiliary officers:

(a) are subordinate to full-time law enforcement officers; and

(b) may not serve unless supervised by a full-time law enforcement officer.

(2) (a) An auxiliary officer may carry a weapon while on an official search and rescue mission with prior approval from the sheriff.

(b) An auxiliary officer may carry a less than lethal weapon after completing related training prescribed by the auxiliary officer's authorizing law enforcement agency.
Mont. Code Ann. § 7-12-2152 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2152
7-12-2152 Exception for owners of water ditches under certain circumstances
Status: in_force

7-12-2152 . Exception for owners of water ditches under certain circumstances. The owner or owners of open ditches carrying irrigation or other water shall not be included in any rural improvement district under this part for the purpose of assessment to support the rural improvement district for the installation, repair, or maintenance of any protective devices intended to protect the safety of the public from open ditches carrying irrigation or other water. Such devices or improvements shall provide access to and shall not be constructed so as to hinder the operation and maintenance of the ditch.
Mont. Code Ann. § 7-32-219 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-219
7-32-219 Reserve force coordinator
Status: in_force

7-32-219 . Reserve force coordinator. The chief law enforcement administrator of a law enforcement agency with reserve officers shall appoint a full-time law enforcement officer of the agency as a reserve force coordinator. The reserve force coordinator shall coordinate the activities of the reserve force with those of the law enforcement agency.
Mont. Code Ann. § 7-13-110 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-110
7-13-110 Hearing on protest
Status: in_force

7-13-110 . Hearing on protest. (1) At the next regular meeting of the board of county commissioners after the expiration of the time within which said protest may be made, the board shall proceed to hear and pass upon all protests so made, and its decision shall be final and conclusive.

(2) In determining whether or not sufficient protests have been filed in the proposed district to prevent further proceedings therein, property owned by the city, county, and school districts shall be considered the same as any other property in the district.

(3) The board may adjourn said hearing from time to time.
Mont. Code Ann. § 7-32-216 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-216
7-32-216 Limitations on activities of reserve officers
Status: in_force

7-32-216 . Limitations on activities of reserve officers. (1) A reserve officer may serve as a peace officer only on the orders and at the direction of the chief law enforcement administrator of the local government.

(2) Except for a reserve officer serving as a court officer as provided in 3-6-303, a reserve officer may act only in a supplementary capacity to the law enforcement agency.

(3) Reserve officers:

(a) are subordinate to full-time law enforcement officers; and

(b) may not serve unless supervised by a full-time law enforcement officer whose span of control would be considered within reasonable limits.
Mont. Code Ann. § 7-15-4266 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4266
7-15-4266 Temporary use of municipal property in urban renewal area
Status: in_force

7-15-4266 . Temporary use of municipal property in urban renewal area. A municipality may operate and maintain real property acquired in an urban renewal area pending the disposition of the property for redevelopment, without regard to the provisions of 7-15-4262 and 7-15-4264 , for such uses and purposes as may be deemed desirable even though not in conformity with the urban renewal plan. The municipality may, after a public hearing, extend the time for a period not to exceed 3 years.
Mont. Code Ann. § 7-6-4413 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4413
7-6-4413 Collection of taxes
Status: in_force

7-6-4413 . Collection of taxes. (1) Except in the case of cities of the first, second, and third classes that provide by ordinance for the city treasurer to collect the taxes from the corrected property tax record, the county treasurer of each county shall collect the tax levied by all cities and towns in the respective county.

(2) The county treasurer shall collect the city or town taxes at the same time as the state and county taxes and with the same penalties and interest in case of delinquency.
Mont. Code Ann. § 7-32-106 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-106
7-32-106 Meaning of terms employee and subordinate employee
Status: in_force

7-32-106 . Meaning of terms employee and subordinate employee. "Employee" or "subordinate employee" means but is not limited to any officer or patrol officer of the city or town police department, any deputy of the county sheriff's office, or any person employed as a clerk, dispatcher, or secretary by the department of public safety or so employed by the city or town police department or the county sheriff's office prior to the establishment of the department of safety.
Mont. Code Ann. § 7-33-4121 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4121
7-33-4121 Rules governing employment in fire departments
Status: in_force

7-33-4121 . Rules governing employment in fire departments. The city councils or commissioners of cities of the first and second class shall have power to establish and promulgate rules governing the employment of the members or employees of their respective fire departments.
Mont. Code Ann. § 7-14-2607 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2607
7-14-2607 Damages resulting from establishment or alteration of road
Status: in_force

7-14-2607 . Damages resulting from establishment or alteration of road. (1) Whenever the board makes an order establishing or changing any road, it shall determine the amount of damages sustained by each owner or claimant of lands or improvements affected by the road. Damages must be determined by estimating the benefits and damages accruing. The sum estimated as benefits must be deducted from the sum estimated as damages, and the remainder, if any, must be the amount of damages awarded.

(2) Damages must be paid to the owner or claimant, if known, upon the owner or claimant showing or establishing the right or title to the lands or improvements and furnishing proper deeds and releases.
Mont. Code Ann. § 7-21-3322 — MT Code / Title 7 / Chapter 21 / Part 33 / Section 7-21-3322
7-21-3322 Role of market master
Status: in_force

7-21-3322 . Role of market master. (1) A county market master shall, under the supervision and approval of the board of county commissioners, make all necessary rules for the establishment, maintenance, operation, and control of the markets established under this part in the respective counties of the state.

(2) The county market master shall:

(a) cause the market buildings, grounds, and premises to be kept reasonably clean and in proper sanitary condition;

(b) arrange for stalls and spaces in a manner that best suits the convenience of both buyers and sellers;

(c) see that the laws of Montana relating to weights and measures are enforced and observed;

(d) cause order to be preserved during the time the market is open and in operation;

(e) prevent and remove obstructions from the marketplace or grounds;

(f) prevent disorderly conduct and prevent disorderly persons from remaining in market buildings, space, or grounds during the market hours;

(g) cause all offenses against the laws of Montana concerning the inspection of foods or the sale of unclean, unwholesome, damaged, or spoiled meats, farm products, vegetables, or provisions of any kind to be prosecuted;

(h) designate proper means of supervising and accounting for the sales made and collecting the commissions provided for in this part; and

(i) generally supervise and control the operations of the public markets established under the provisions of this part.
Mont. Code Ann. § 7-7-4405 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4405
7-7-4405 Pollution abatement
Status: in_force

7-7-4405 . Pollution abatement. In addition to the powers which it now may have, any municipality shall have the power under this part to:

(1) enter into cooperative agreements with and accept contributions from industrial establishments relative to the planning, construction, lease or other acquisition, maintenance, and operation of undertakings and apply for and accept grants and loans or any other aid which the United States or any agency thereof may give or make to any political subdivision or agency of this state for undertakings, including all necessary actions preliminary thereto, the purpose of which is to aid in the prevention or abatement of water pollution;

(2) make contracts and execute instruments containing such terms, provisions, and conditions as, in the discretion of the governing body of the municipality, may be necessary, proper, or advisable for the purpose of obtaining such aid;

(3) enter into and perform contracts, whether long-term or short-term, with any industrial establishment for the provision and operation by the municipality of sewer facilities when the governing body of such municipality determines such action to be in the public interest and otherwise essential in order to abate or reduce the pollution of waters caused by discharges of industrial waste by such industrial establishment and to provide for the periodical payment by said industrial establishment to the municipality of an amount at least sufficient, in the determination of such governing body, to compensate the municipality for the cost of providing (including the payment of principal and interest charges, if any) and of operating and maintaining the sewer facilities serving such industrial establishment.
Mont. Code Ann. § 7-5-2502 — MT Code / Title 7 / Chapter 5 / Part 25 / Section 7-5-2502
7-5-2502 Vacation of portion of village or townsite
Status: in_force

7-5-2502 . Vacation of portion of village or townsite. (1) When only a portion of any village or townsite in any unincorporated village or town is sought to be vacated or excluded from the village or townsite and the portion is not less than three blocks in area and is situated at the limits or boundaries of the village or townsite, a verified petition may be filed in the office of the clerk of the district court of the county where the village or townsite is situated by the owner or owners of all the property sought to be vacated or excluded. The petition must be addressed to the district court of the county, setting forth the description of the portion sought to be excluded and the reason or reasons for desiring the portion to be excluded. A citation must be issued by the judge of the court before whom the matter is pending, citing all persons interested in the matter to appear before the court at a time and place specified in the citation, but at a time not less than 3 weeks from the date of the citation. The citation must be published as provided in 7-1-2121 .

(2) Upon the hearing of the petition and upon conditions that may seem reasonable, the court may vacate and exclude the portion of the village or townsite as requested in the petition, including any streets, alleys, parks, or boulevards upon which a public easement or easements may not vest. The excluded property must be described by metes and bounds in the decree of the court, and the property must be assessed accordingly.
Mont. Code Ann. § 7-6-4423 — MT Code / Title 7 / Chapter 6 / Part 44 / Section 7-6-4423
7-6-4423 Sales for delinquent taxes when municipality collects municipal tax
Status: in_force

7-6-4423 . Sales for delinquent taxes when municipality collects municipal tax. (1) (a) In a city or town that collects its own taxes or special assessments when any taxes or assessments become delinquent, a tax lien sale may not be held by the city or town unless the city treasurer or town clerk, within 10 working days after the date on which the taxes or assessments become delinquent, certifies the delinquent taxes and assessments to the county treasurer of the county in which the city or town is situated.

(b) The certificate must contain:

(i) the description of each lot or parcel of land on which any tax or assessment has become delinquent;

(ii) the name and address of the person taxed or assessed;

(iii) the date when the tax or assessment became delinquent;

(iv) the amount of the delinquent tax or assessment and the penalty to be added, if any.

(c) If any special assessment is payable in installments and any installment becomes delinquent, the amount of the delinquent installment must be included in the certificate. If the city or town council, by the adoption of an appropriate resolution, declares the total assessment remaining unpaid to be delinquent, as provided in 7-12-4182 , then that total must be included in the certificate.

(2) Upon receipt of the certificate, the county treasurer shall enter the delinquent taxes and assessments in the delinquent tax list of the county, and the county treasurer in selling property for delinquent taxes shall include all city and town delinquent taxes and assessments. There may be only one sale for each piece of property. The sale must cover the aggregate of the city, town, county, and state taxes and special assessments, including penalties, interest, and costs provided by law.
Mont. Code Ann. § 7-12-1141 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1141
7-12-1141 Duration of district
Status: in_force

7-12-1141 . Duration of district. The period of duration of a business improvement district is for the period specified in the resolution of the governing body creating the district but shall not be for a period longer than 10 years unless the duration of the district is extended in compliance with the provisions of this part for the creation of a district.
Mont. Code Ann. § 7-12-2111 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2111
7-12-2111 Hearing on protest
Status: in_force

7-12-2111 . Hearing on protest. (1) At the next regular meeting of the board of county commissioners after the expiration of the time within which protest may be made, the board shall proceed to hear and pass upon all protests so made, and its decision shall be final and conclusive. The board may adjourn said hearing from time to time.

(2) In determining whether or not sufficient protests have been filed in the proposed district to prevent further proceedings therein, property owned by the county shall be considered the same as other property in the district.
Mont. Code Ann. § 7-13-104 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-104
7-13-104 Transmittal of resolution of intention to municipalities
Status: in_force

7-13-104 . Transmittal of resolution of intention to municipalities. Upon passage of such resolution of intention, the board of county commissioners shall transmit a copy of the same to the executive head of any city or town within the proposed district for consideration by such city or town council.
Mont. Code Ann. § 7-35-2137 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2137
7-35-2137 Compensation of trustees of fund
Status: in_force

7-35-2137 . Compensation of trustees of fund. (1) The trustee or the members of the board of trustees of such permanent care and improvement fund shall receive such compensation as may be agreed upon between such trustee or between such board of trustees of such permanent care and improvement fund on the one hand and the board of trustees of the public cemetery district on the other provided that the total compensation of such trustee or of the entire board of trustees shall in no case exceed the sum of $100 per annum.

(2) The fees of such trustee or of the members of the board of trustees shall be paid out of the general fund of the public cemetery district until such trust fund shall reach $10,000, and thereafter the same shall be paid out of the income of such fund.
Mont. Code Ann. § 7-32-129 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-129
7-32-129 Compensation and expenses
Status: in_force

7-32-129 . Compensation and expenses. Members of a public safety commission shall receive no compensation but may receive actual and necessary travel and other expenses incurred in the performance of official duties. Such costs shall be borne by the county if the commission member is appointed by the board of county commissioners, by the city or town by which appointed, or borne equally by the county and city or town if jointly appointed.
Mont. Code Ann. § 7-14-4646 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4646
7-14-4646 Series or divisions of bonds permitted
Status: in_force

7-14-4646 . Series or divisions of bonds permitted. (1) The commission may issue revenue bonds in series or may divide any issue into one or two or more divisions and fix different maturities or dates of such bonds, fix different rates of interest, or prescribe different terms and conditions for the bonds of the several series or divisions.

(2) It is not necessary that all bonds of the same authorized issue be of the same kind or character, have the same security, or be of the same interest rate, but the terms thereof shall in each case be provided for by the commission at or prior to the issue thereof.

(3) The commission may provide for successive issues or may provide for one maximum issue.
Mont. Code Ann. § 7-13-152 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-152
7-13-152 Sources of money for reserve fund
Status: in_force

7-13-152 . Sources of money for reserve fund. (1) For the purpose of providing money for the reserve fund, the board of county commissioners may in its discretion, from time to time, transfer to the reserve fund from the operation and maintenance fund of the district such amount or amounts as may be deemed necessary or as may be agreed with the holders of the bonds.

(2) Whenever there shall be money in the bond fund which is not required for payment of any bond of the district or interest thereon, so much as may be necessary to pay the loan referred to in 7-13-154 shall, by order of the board, be transferred to the reserve fund.
Mont. Code Ann. § 7-14-2401 — MT Code / Title 7 / Chapter 14 / Part 24 / Section 7-14-2401
7-14-2401 Authority to enter contracts
Status: in_force

7-14-2401 . Authority to enter contracts. (1) Subject to the limitations and restrictions provided in the code for the letting of contracts, each board may let by contract the construction, maintenance, and improvement of county roads and the construction, maintenance, or repair of bridges when the amount of work to be done exceeds the sum of $1,000.

(2) As used in this part, unless the context requires otherwise, "board" means the board of county commissioners.
Mont. Code Ann. § 7-12-2118 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2118
7-12-2118 Role of county clerk
Status: in_force

7-12-2118 . Role of county clerk. It shall be the duty of the county clerk to prepare all necessary schedules and resolutions levying the taxes and assessments in such special improvement district.
Mont. Code Ann. § 7-5-2310 — MT Code / Title 7 / Chapter 5 / Part 23 / Section 7-5-2310
7-5-2310 Power to enter and execute cooperative purchasing agreements
Status: in_force

7-5-2310 . Power to enter and execute cooperative purchasing agreements. (1) A county may enter into an agreement for cooperative purchasing as defined in 18-4-401 with:

(a) the state;

(b) a political subdivision of the state or any other state; and

(c) any other government entity as defined in 2-11-103 .

(2) Goods or services procured by participation in a cooperative purchasing agreement or program allowed in this section are considered to have been acquired in accordance with this part.
Mont. Code Ann. § 7-14-112 — MT Code / Title 7 / Chapter 14 / Part 1 / Section 7-14-112
7-14-112 Senior citizen and persons with disabilities transportation services account -- use
Status: in_force

7-14-112 . Senior citizen and persons with disabilities transportation services account -- use. (1) There is a senior citizen and persons with disabilities transportation services account in the state special revenue fund. Money must be deposited in the account pursuant to 15-68-820 (2).

(2) The account must be used to provide operating funds, matching funds for operating grants, or matching funds for capital grants pursuant to 49 U.S.C. 5311 to counties, incorporated cities and towns, tribal governments, urban transportation districts, or nonprofit organizations for transportation services for persons 60 years of age or older and for persons with disabilities.

(3) (a) Subject to the conditions of subsection (3)(b), the department of transportation is authorized to award grants to counties, incorporated cities and towns, tribal governments, urban transportation districts, and nonprofit organizations for transportation services using guidelines established in the state management plan for the purposes described in 49 U.S.C. 5310 and 5311.

(b) Priority for awarding grants must be determined according to the following factors:

(i) the most recent census or federal estimate of persons 60 years of age or older and persons with disabilities in the area served by a county, incorporated city or town, tribal government, urban transportation district, or nonprofit organization;

(ii) the annual number of trips provided by the transportation provider to persons 60 years of age or older and to persons with disabilities in the transportation service area; and

(iii) the coordination of services as required in subsection (4).

(4) In awarding grants, the department of transportation shall give preference to proposals that:

(a) include participation in a local transportation advisory committee;

(b) address and document the transportation needs within the community, county, and service area or region;

(c) identify all other transportation providers in the community, county, and service area or region;

(d) explain how services are going to be coordinated with the other transportation providers in the service area or region by creating a locally developed transportation coordination plan;

(e) indicate how services are going to be expanded to meet the unmet needs of senior citizens and disabled persons within the community, county, and service area or region who are dependent upon public transit;

(f) include documentation of coordination with other local transportation programs within the community, county, and service area or region, including:

(i) utilization of existing resources and equipment to maximize the delivery of service; and

(ii) the projected increase in ridership and expansion of service;

(g) invite school districts to participate or be included in the transportation coordination efforts within the community, county, and service area or region; and

(h) at a minimum, comply with the provisions in subsections (4)(b) through (4)(f).
Mont. Code Ann. § 7-6-4304 — MT Code / Title 7 / Chapter 6 / Part 43 / Section 7-6-4304
7-6-4304 Issuance of duplicate warrants and checks
Status: in_force

7-6-4304 . Issuance of duplicate warrants and checks. (1) A duplicate warrant or check may be issued by the appropriate municipal officer whenever an instrument drawn by the officer upon the municipality is lost or destroyed. The duplicate warrant or check must be in the same form as the original except that it must have plainly printed across its face the word "duplicate". Except as provided in subsection (2), a duplicate warrant or check may not be issued or delivered unless the person entitled to receive it deposits with the issuing municipal officer a bond in double the amount for which the duplicate warrant or check is issued, conditioned to hold the municipality and its officers harmless on account of the issuance of the duplicate warrant or check.

(2) A bond of indemnity is not required when:

(a) the payee is the U.S. government, a state of the United States, an agency, instrumentality, or officer of the U.S. government or of a state, county, city, city and county, town, district, or other political subdivision of a state, or an officer of an enumerated entity;

(b) the owner or custodian is the state of Montana or an agency or officer of the state;

(c) the owner or custodian is a bank, savings and loan association, admitted insurer, or trust company whose financial condition is regulated by the U.S. government or by the state of Montana;

(d) the amount of the lost or destroyed warrant or check is less than $100;

(e) it can be established that a crime has been committed, and as a result of the crime, the warrant or check was stolen or destroyed;

(f) it can be established that the warrant or check was mailed to an incorrect payee; or

(g) the payee is a vendor or contractor doing business with the municipality.

(3) Whenever the owner or custodian applies under the provisions of subsection (2)(e), (2)(f), or (2)(g), a stop-payment order must be placed on the original warrant or check by the municipality.

(4) Whenever the owner or custodian applies under the provisions of subsection (2)(c), (2)(d), (2)(e), (2)(f), or (2)(g), the application must include an agreement to indemnify and hold harmless the municipality or its officers and employees from any loss resulting from the issuance of a duplicate warrant or check. Any loss incurred in connection with the issuance of a duplicate warrant or check must be charged against the account from which the payment was derived.
Mont. Code Ann. § 7-12-4132 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4132
7-12-4132 Power to require underground placement of utilities within district
Status: in_force

7-12-4132 . Power to require underground placement of utilities within district. (1) Unless the purpose of the special improvement district is the conversion of existing overhead utilities to an underground location, the city council has the same jurisdiction and powers as provided in 7-12-4102 and 7-12-4103 (before doing any of the work mentioned in this part) to require a public service corporation or company, firm, or person occupying the streets, avenues, or alleys, at their own expense and within a reasonable time to be fixed by the council, to place in an underground conduit, in a manner as may be directed by the council, all wires; electric conduits; or telephone, telegraph, power, or power transmission lines or appurtenances to them or appliances owned, held, or enjoyed in connection with them.

(2) The whole cost so assessed may at no time exceed the costs incurred.
Mont. Code Ann. § 7-22-2511 — MT Code / Title 7 / Chapter 22 / Part 25 / Section 7-22-2511
7-22-2511 County vertebrate pest management fund
Status: in_force

7-22-2511 . County vertebrate pest management fund. A governing body that establishes a program to manage and suppress vertebrate pests must establish a county vertebrate pest management fund, from which the governing body may appropriate money for the operation of the program.
Mont. Code Ann. § 7-22-2132 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2132
7-22-2132 Procedures for compliance
Status: in_force

7-22-2132 . Procedures for compliance. (1) A landowner is in compliance with this part if the landowner submits and the board accepts a written weed management proposal to undertake specific control measures, and the landowner remains in compliance if the terms of the proposal are met. The proposal must require that the landowner or the landowner's representative notify the board as measures in the proposal are taken.

(2) In accepting or rejecting a weed management proposal, the board shall consider the economic impact on the landowner and neighboring landowners, practical biological and environmental limitations, and alternative control methods to be used.
Mont. Code Ann. § 7-15-4219 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4219
7-15-4219 Effect of approval of urban renewal project
Status: in_force

7-15-4219 . Effect of approval of urban renewal project. Upon the approval of an urban renewal project by a municipality, the provisions of the urban renewal plan with respect to the future use and building requirements applicable to the property covered by said plan shall be controlling with respect thereto.
Mont. Code Ann. § 7-14-4666 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4666
7-14-4666 Exemption from execution for property of parking commission -- exception
Status: in_force

7-14-4666 . Exemption from execution for property of parking commission -- exception. (1) Except as provided in subsection (2), all real property of a commission shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same, nor shall any judgment against a commission be a charge or lien upon its real property.

(2) The provisions of this section shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage, deed of trust, or other encumbrance of a commission or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by a commission on its rents, fees, or revenues.
Mont. Code Ann. § 7-7-2224 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2224
7-7-2224 Form and contents of petition
Status: in_force

7-7-2224 . Form and contents of petition. (1) Every petition for the calling of an election to vote upon the question of issuing county bonds shall plainly and clearly state the purpose or purposes for which the proposed bonds are to be issued and shall contain an estimate of the amount necessary to be issued for such purpose or purposes. There may be a separate petition for each purpose, or two or more purposes may be combined in one petition if each purpose, with an estimate of the amount of bonds necessary to be issued therefor, is separately stated in the petition.

(2) The petition shall be in the form prescribed in 13-27-236 and 13-27-238 .
Mont. Code Ann. § 7-1-4136 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4136
7-1-4136 Oaths
Status: in_force

7-1-4136 . Oaths. The chief executive and all elected municipal officers may administer oaths.
Mont. Code Ann. § 7-14-2526 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2526
7-14-2526 Choice of form of bonds
Status: in_force

7-14-2526 . Choice of form of bonds. All bonds issued by a county must be either amortization bonds or serial bonds.
Mont. Code Ann. § 7-3-102 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-102
7-3-102 Adoption of alternative form
Status: in_force

7-3-102 . Adoption of alternative form. Each local government in the state shall adopt one of the alternative forms of government provided for in parts 1 through 7, including one of each suboption authorized:

(1) the commission-executive form (which may also be called the council-executive, the council-mayor, or the commission-mayor form);

(2) the commission-manager form (which may also be called the council-manager form);

(3) the commission form;

(4) the commission-presiding officer form;

(5) the town meeting form; or

(6) the charter form.
Mont. Code Ann. § 7-14-235 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-235
7-14-235 Transportation district bonds authorized
Status: in_force

7-14-235 . Transportation district bonds authorized. A transportation district may borrow money by the issuance of general obligation or revenue bonds or a combination thereof to provide funds for the district.
Mont. Code Ann. § 7-34-2114 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2114
7-34-2114 Procedure upon favorable vote
Status: in_force

7-34-2114 . Procedure upon favorable vote. (1) In the event that a majority of the votes cast are in favor of the creation and establishment of said hospital district, the board of county commissioners shall, within 10 days after the election, certify such result by resolution and proceed with the organization of such district as specified in this part.

(2) After 20 days from the passage of such resolution, the validity of the creation of such hospital district and the regularity of all proceedings preliminary thereto shall not be questioned or asserted in any legal action.
Mont. Code Ann. § 7-2-2241 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2241
7-2-2241 Commission to determine and adjust indebtedness and assessments for old and new counties
Status: in_force

7-2-2241 . Commission to determine and adjust indebtedness and assessments for old and new counties. (1) It shall be the duty of the persons elected to or continuing to hold the office of county commissioner of said new county to meet at the county seat thereof within 5 days after all of them shall have qualified, and upon organization of said board of county commissioners, it shall notify the governor of the state of the organization of said county. Thereupon, it shall be the duty of the governor to appoint three persons, one of whom shall be a resident and a taxpayer within the new county and no two of whom shall be from any one county, to form and be a board of commissioners.

(2) The proceedings required in 7-2-2244 through 7-2-2246 to be taken in the ascertainment and adjustment of property rights and debts shall be had and taken as between said new county and each of the counties from which territory is taken to form said new county in the manner and at the ratio provided in 7-2-2244 through 7-2-2246 .
Mont. Code Ann. § 7-3-216 — MT Code / Title 7 / Chapter 3 / Part 2 / Section 7-3-216
7-3-216 Administrative supervision and control
Status: in_force

7-3-216 . Administrative supervision and control. The executive may:

(1) exercise control and supervision of the administration of all departments and boards; or

(2) exercise control and supervision of all departments and boards to the degree authorized by ordinance of the commission.
Mont. Code Ann. § 7-3-1223 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1223
7-3-1223 Effective date of ordinances
Status: repealed

7-3-1223 . Effective date of ordinances. (1) Ordinances making the annual tax levy, ordinances and resolutions providing for local improvements and assessments, and emergency measures shall take effect at the time indicated therein. All other ordinances and resolutions enacted by the commission shall be in effect from and after 30 days from the date of their passage.

(2) When an ordinance proposed by initiative petition is passed by the commission in a changed or amended form and the committee of the petitioners requires that such proposed ordinance be submitted to a vote of the electors, as provided in 7-3-1229 , the ordinance as passed by the commission shall not take effect until after such vote, and if the proposed ordinance so submitted be approved by a majority of the electors voting thereon, the ordinance as passed by the commission shall be deemed repealed.

(3) Ordinances adopted by the electors shall take effect at the time fixed therein or, if no time is specified, 30 days after the adoption thereof.
Mont. Code Ann. § 7-5-2126 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2126
7-5-2126 Attendance at board meetings by sheriff
Status: in_force

7-5-2126 . Attendance at board meetings by sheriff. The board of county commissioners has the power to direct the sheriff to attend, in person or by deputy, all the meetings of the board; to preserve order; and to serve notices or citations as directed by the board.
Mont. Code Ann. § 7-3-149 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-149
7-3-149 Election on alteration of form of government
Status: in_force

7-3-149 . Election on alteration of form of government. (1) The governing body shall call an election on the question of an alteration of the form of government, a change in a plan of government, or, for an elected county official government, a change in the type of election proposed pursuant to 7-3-103 (4) upon:

(a) the election administrator's verification that a petition filed pursuant to 7-3-121 through 7-3-123 , 7-3-125 , and 7-3-141 through 7-3-148 meets all the necessary requirements;

(b) adoption of a local government ordinance pursuant to 7-3-103 (2)(b) or (4); or

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

(2) The election must be conducted in accordance with Title 13, chapter 1, part 4.

(3) The cost of the election must be paid for by the local government.

(4) (a) The affirmative vote of a simple majority of those voting on the question is required for adoption.

(b) In any election involving the question of consolidation, each question must be submitted to the electors in the county and requires an affirmative vote of a simple majority of the votes cast in the county on the question for adoption. There is no requirement for separate majorities in local governments voting on consolidation.

(c) In any election involving the question of county merger, the questions must be submitted to the electors in the counties affected and require a majority of the votes cast on the questions in each affected county for adoption.

(d) If the electors disapprove the proposed new form of local government, amendments, or consolidation plan, the local government retains its existing form.
Mont. Code Ann. § 7-11-1014 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1014
7-11-1014 Additional reporting procedures -- coordination of information collection, transfer, and accessibility
Status: in_force

7-11-1014 . Additional reporting procedures -- coordination of information collection, transfer, and accessibility. (1) Within 60 days after the creation of a special district or by January 1 of the effective tax year, whichever occurs first, the governing body shall provide to the department of revenue a:

(a) legal description of the special district;

(b) map of its boundaries;

(c) list of the property taxpayers or owners of real property within the special district's boundaries; and

(d) copy of the resolution establishing the special district, including any adopted method of assessment.

(2) The department of revenue shall review the information provided in accordance with subsection (1) and work with the governing body to identify and correct any discrepancies before the information is recorded by the department.

(3) If the governing body intends to submit any digital information to the department of revenue for the purposes of subsection (4)(b), the governing body shall notify the department of revenue as to the expected date of submission and submit the digital information in a manner prescribed by the department of revenue in consultation with the state library.

(4) The state library, in coordination with the department of revenue, governing bodies, and other appropriate entities, may develop standards, best practices, and procedures for:

(a) collecting and transferring between agencies any digital information submitted by a governing body for purposes of subsection (4)(b); and

(b) creating digital information to map special districts for land information purposes authorized in Title 90, chapter 1, part 4, that can be accessed through the website of the state library.
Mont. Code Ann. § 7-14-4801 — MT Code / Title 7 / Chapter 14 / Part 48 / Section 7-14-4801
7-14-4801 Acquisition of lots or lands for aircraft
Status: in_force

7-14-4801 . Acquisition of lots or lands for aircraft. A city or town council may acquire by lease, gift, purchase, or condemnation pursuant to Title 70, chapter 30, lots or lands for landing or parking of aircraft, within or outside of the corporate limits of the municipality. The city or town council may exercise municipal jurisdiction over the lots or lands acquired pursuant to this section, even though the lots or lands or any portion of the lots or lands is outside of the corporate limits of the municipality.
Mont. Code Ann. § 7-11-305 — MT Code / Title 7 / Chapter 11 / Part 3 / Section 7-11-305
7-11-305 Availability of petition or recommendation and service plan
Status: in_force

7-11-305 . Availability of petition or recommendation and service plan. (1) Sufficient copies of the petition or recommendation of the interlocal cooperation commission proposing a service consolidation or transfer and the service plan must be made available to the public for inspection at convenient locations and at reasonable hours to provide all interested persons an opportunity to review the recommendations and documents. The copies must be available no later than 30 days prior to an election on the proposal if an election is to be held. If the election is held, it must be held in conjunction with a regular or primary election.

(2) Each local government affected by the proposal may distribute copies of the service plan to its residents.
Mont. Code Ann. § 7-12-4322 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4322
7-12-4322 Choice in manner of making assessments
Status: in_force

7-12-4322 . Choice in manner of making assessments. The city or town council, for the purpose of making the assessment, shall adopt one of the methods specified in 7-12-4323 or 7-12-4324 .
Mont. Code Ann. § 7-5-2150 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2150
7-5-2150 Compensated absence liability fund
Status: in_force

7-5-2150 . Compensated absence liability fund. (1) A board of county commissioners may establish a compensated absence liability fund for the purpose of paying for any accumulated amount of:

(a) sick leave that a county employee is entitled to upon termination of employment with the county in accordance with the provisions of 2-18-618 ; and

(b) vacation leave that an employee is entitled to upon termination of employment with the county.

(2) The compensated absence liability fund may be used only for the purpose provided in this section.

(3) The compensated absence liability fund may receive money from any source, including funds that have been allocated in any year but have not been expended or encumbered by the end of the fiscal year.

(4) The maximum amount in the fund may not exceed the amount necessary to pay for accumulated sick leave and accumulated vacation leave of county employees on June 30 of the prior fiscal year.
Mont. Code Ann. § 7-13-2281 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2281
7-13-2281 Notice of resolution for levy of assessment hearing
Status: in_force

7-13-2281 . Notice of resolution for levy of assessment hearing. (1) A notice, signed by the secretary 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 secretary and is subject to inspection, must be:

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

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

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

(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 directors. The time for the hearing may not be less than 5 days after the second publication or less than 10 days after the mailing of the notice.
Mont. Code Ann. § 7-16-2121 — MT Code / Title 7 / Chapter 16 / Part 21 / Section 7-16-2121
7-16-2121 Temporary permit for operation of out-of-state motorboat -- violation -- penalty -- disposition of proceeds
Status: in_force

7-16-2121 . Temporary permit for operation of out-of-state motorboat -- violation -- penalty -- disposition of proceeds. (1) A temporary permit may be required by a county for operation of a motorboat on waters within the county if the motorboat is from a state that requires a similar temporary permit for operation in that state of a motorboat licensed in Montana. The permit may be purchased from the county for a fee of $10. When properly affixed to the motorboat, such permit authorizes the operation of the motorboat for a period of 30 days within the county. The county shall provide reasonable notice of the permit requirement and shall make the permits available to the public.

(2) The temporary permit must be issued in the form of a decal that must denote the time during which it is valid. The decal must be conspicuously displayed on the motorboat during all times of operation.

(3) A person who operates a motorboat in violation of 23-2-511 (1)(c) or this section is guilty of a misdemeanor and shall be fined no more than $50.

(4) All proceeds received by the county from payment of the permit fee must be used in enforcing compliance with the temporary permit and developing and maintaining public boating access and facilities.
Mont. Code Ann. § 7-22-2112 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2112
7-22-2112 Information on herbicide use
Status: in_force

7-22-2112 . Information on herbicide use. The district must provide information on protective clothing, health hazards, and proper application techniques to mixers, loaders, and applicators of herbicides and make the information available for review by the public at the district office.
Mont. Code Ann. § 7-32-214 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-214
7-32-214 Basic training program required
Status: in_force

7-32-214 . Basic training program required. (1) A reserve officer may not be authorized to function as a representative of a law enforcement agency performing general law enforcement duties after 2 years from the original appointment unless the reserve officer has satisfactorily completed a minimum 88-hour basic training program that must include but need not be limited to the following course content:

(a) introduction and orientation--1 hour;

(b) police ethics and professionalism--1 hour;

(c) criminal law--4 hours;

(d) laws of arrest--4 hours;

(e) criminal evidence--4 hours;

(f) administration of criminal law--2 hours;

(g) communications, reports, and records--2 hours;

(h) crime investigations--3 hours;

(i) interviews and interrogations--2 hours;

(j) patrol procedures--6 hours;

(k) crisis intervention--4 hours;

(l) police human and community relations--3 hours;

(m) juvenile procedures--2 hours;

(n) defensive tactics--4 hours;

(o) crowd control tactics--4 hours;

(p) firearms training--30 hours;

(q) first aid--10 hours; and

(r) examination--2 hours.

(2) The law enforcement agency is responsible for training its reserve officers in accordance with minimum training standards established by the council.
Mont. Code Ann. § 7-32-2246 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2246
7-32-2246 Temporary release from detention center
Status: in_force

7-32-2246 . Temporary release from detention center. A detention center inmate may be granted, by court order and with the consent of the sheriff, the privilege of leaving the detention center during necessary and reasonable hours for any of the following purposes:

(1) seeking employment;

(2) working at employment;

(3) conducting the inmate's own business or self-employment;

(4) attending to the needs of the inmate's family;

(5) attending an educational institution; or

(6) obtaining medical treatment.
Mont. Code Ann. § 7-6-4504 — MT Code / Title 7 / Chapter 6 / Part 45 / Section 7-6-4504
7-6-4504 Order of redemption of warrants
Status: in_force

7-6-4504 . Order of redemption of warrants. All warrants to be redeemed as provided for in 7-6-4502 shall be redeemed in the order of their registration, beginning with the date of the warrant first so registered.
Mont. Code Ann. § 7-10-209 — MT Code / Title 7 / Chapter 10 / Part 2 / Section 7-10-209
7-10-209 Use of revenue from project
Status: in_force

7-10-209 . Use of revenue from project. (1) A regional resource authority issuing bonds pursuant to this part for the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of any project has the right to appropriate, apply, or expend the revenue of the project for the following purposes:

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

(b) to provide for all expenses of operation and maintenance of the project, including reserves; and

(c) to provide a reserve for improvements or enhancements to the project.

(2) Unless and until adequate provision has been made for the purposes of subsection (1), a regional resource authority may not transfer the revenue of the project to its general fund.
Mont. Code Ann. § 7-15-4124 — MT Code / Title 7 / Chapter 15 / Part 41 / Section 7-15-4124
7-15-4124 Entrances and safety exits for buildings
Status: in_force

7-15-4124 . Entrances and safety exits for buildings. The city or town council has power to:

(1) compel the owner of a building to erect fire escapes and proper exits and entrances when necessary for safety;

(2) regulate the construction of entrances of basements, cellars, and other floors to buildings from the sidewalks.
Mont. Code Ann. § 7-13-4509 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4509
7-13-4509 Right to protest -- procedure
Status: in_force

7-13-4509 . Right to protest -- procedure. (1) At any time within 30 days after the date of the first publication of the notice provided for in 7-13-4507 (1), a person owning a fee-assessed unit located within the proposed local water quality district may make written protest against the proposed district and the fees proposed to be charged.

(2) The protest must be in writing and must be delivered to the county clerk, who shall endorse on it the date the protest is received.

(3) Owners may file one protest per fee-assessed unit.
Mont. Code Ann. § 7-21-3305 — MT Code / Title 7 / Chapter 21 / Part 33 / Section 7-21-3305
7-21-3305 Notice of rules and days of operation
Status: in_force

7-21-3305 . Notice of rules and days of operation. The rules adopted for the government of the county market, together with a notice of the market days in each week, must be published as provided in 7-1-2121 by the county commissioners once in each year prior to the opening of the market.
Mont. Code Ann. § 7-12-4407 — MT Code / Title 7 / Chapter 12 / Part 44 / Section 7-12-4407
7-12-4407 Protest against ordinance for improvements
Status: in_force

7-12-4407 . Protest against ordinance for improvements. No further action shall be taken upon the proposed district for 1 year if a written protest against passage of the proposed ordinance is filed by:

(1) owners of property within the proposed maintenance district having a taxable valuation, when aggregated, representing not less than 50% of the total taxable valuation of property within the district;

(2) not less than 50% of the owners of property within the district; or

(3) owners of property within the proposed maintenance district having projected assessments, when aggregated, representing not less than 50% of the total projected assessments for property within the district.
Mont. Code Ann. § 7-14-2621 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2621
7-14-2621 Establishment and alteration of stock lanes
Status: in_force

7-14-2621 . Establishment and alteration of stock lanes. (1) A stock lane is a county road established and maintained for the driving and travel of livestock. A stock lane may not be less than 60 feet wide. The width must be determined by the board in the order creating it.

(2) Upon presentation of a proper petition, a board may establish, alter, or vacate stock lanes when it considers it expedient and necessary for the convenience of the public and for the convenience of travel on established roads. A stock lane may adjoin and parallel a county road and must be described in the petition for creation and in the order of the board creating the stock lane.

(3) The provisions of this part and the general laws relating to establishing, altering, and vacating county roads, including the exercise of the right of eminent domain as provided in Title 70, chapter 30, apply to stock lanes. References in all petitions, orders, and proceedings must be to stock lanes in order to differentiate them from other highways.
Mont. Code Ann. § 7-15-2123 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2123
7-15-2123 Housing applications by farmers
Status: in_force

7-15-2123 . Housing applications by farmers. (1) The owner of any farm operated or worked upon by farmers of low income in need of safe and sanitary housing may file an application with a housing authority of a county requesting that it provide for a safe and sanitary dwelling or dwellings for occupancy by such farmers of low income.

(2) Such applications shall be received and examined by housing authorities in connection with the formulation of projects or programs to provide housing for farmers of low income.
Mont. Code Ann. § 7-16-4201 — MT Code / Title 7 / Chapter 16 / Part 42 / Section 7-16-4201
7-16-4201 Authorization for municipal board of park commissioners
Status: in_force

7-16-4201 . Authorization for municipal board of park commissioners. There may be created by ordinance in all cities of the first and second class a board of park commissioners, whether the cities are a council form of government or city-manager form. The ordinance must meet the same requirements as those provided for a county resolution in 7-1-201 .
Mont. Code Ann. § 7-4-3003 — MT Code / Title 7 / Chapter 4 / Part 30 / Section 7-4-3003
7-4-3003 Office of county auditor
Status: in_force

7-4-3003 . Office of county auditor. The duties and functions of the auditor's office are provided for in part 24, chapter 6.
Mont. Code Ann. § 7-21-3212 — MT Code / Title 7 / Chapter 21 / Part 32 / Section 7-21-3212
7-21-3212 Compensation of stock inspector
Status: in_force

7-21-3212 . Compensation of stock inspector. (1) Whenever a stock inspector is employed, the inspector's compensation must be at a rate commensurate with the rate paid to an entry-level deputy sheriff of the county, including necessary expenses for the time actually engaged in the work, and the inspector must be paid by a warrant on the general fund of the county.

(2) Whenever a stock inspector is employed in the investigation of a crime and a reward has been offered under 7-32-2301 for the apprehension and conviction of the party or parties guilty of the crime, the inspector is not entitled to any part of the reward.
Mont. Code Ann. § 7-4-2617 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2617
7-4-2617 Procedure to record documents
Status: in_force

7-4-2617 . Procedure to record documents. (1) When any instrument, paper, or notice authorized by law to be recorded is deposited for record in the office of the county clerk, as ex officio recorder, and accompanied by the required fee, the clerk must endorse upon the document the time it was received, noting the year, month, day, hour, and minute of its receipt, and the receipt of the instrument must be immediately entered in the county clerk and recorder's receipt book.

(2) If the printed, written, or typed words or numbers are considered by the clerk and recorder to be illegible and not legibly reproducible, the clerk and recorder must affix to the recorded document a statement that the document is illegible and not legibly reproducible.

(3) The county clerk shall record the instrument without delay, together with the acknowledgment, proofs, and certificates written upon or attached to the instrument and with the plats, surveys, schedule, and other attached papers, in the order and as of the time when the instrument was received for recording, and shall note at the foot of the record the exact time of its receipt.

(4) The county clerk shall also endorse upon each instrument, paper, or notice the time when and the book and pages or document number in which it is recorded and shall deliver it, upon request, to the party leaving the document for recording or to the party's order.
Mont. Code Ann. § 7-3-4102 — MT Code / Title 7 / Chapter 3 / Part 41 / Section 7-3-4102
7-3-4102 Relationship of administrative assistants and budget and finance director to mayor
Status: in_force

7-3-4102 . Relationship of administrative assistants and budget and finance director to mayor. (1) The administrative assistants are answerable solely to the mayor.

(2) The budget and finance director is answerable solely to the mayor and serves at the mayor's pleasure.
Mont. Code Ann. § 7-34-2155 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2155
7-34-2155 Effect of annexation
Status: in_force

7-34-2155 . Effect of annexation. The annexed territory shall become and be a part of such public hospital district on the date fixed in the order of annexation and shall be subject to the taxes authorized by this part, including taxes for any preexisting indebtedness, together with the preexisting area of said district; and such taxes shall be uniform for the whole area and territory in the district as enlarged.
Mont. Code Ann. § 7-3-4464 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4464
7-3-4464 Department of public safety
Status: in_force

7-3-4464 . Department of public safety. (1) Subject to the supervision and control of the city manager in all matters, the director of public safety is the executive head of the division of police and fire. The director is also the chief administrative authority in all matters affecting the inspection and regulation of the erection, maintenance, repair, and occupancy of buildings as prescribed by the commission or established by the general law of Montana. The director is also charged with the enforcement of all laws and ordinances relating to weights and measures.

(2) This section does not affect, impair, restrict, or repeal any provisions of general law authorizing the levying of taxes to provide for firefighters, police, and sanitary police pension funds and to create and perpetuate boards of trustees for the administration of those funds.
Mont. Code Ann. § 7-3-1318 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1318
7-3-1318 Additional or new deposit security
Status: in_force

7-3-1318 . Additional or new deposit security. Whenever for any cause the commission shall deem the bonds or securities of any bank insufficient security for the municipal funds deposited or likely to be deposited therein, the commission shall require new bonds to be given or new securities to be deposited with the treasurer. If any bank shall fail promptly to execute and present such new bonds or deposit such new securities, the treasurer shall at once withdraw all deposits therefrom, and no further deposit of municipal funds shall be made therein until such bank shall have been redesignated by the commission as a depository.
Mont. Code Ann. § 7-2-2505 — MT Code / Title 7 / Chapter 2 / Part 25 / Section 7-2-2505
7-2-2505 Publication of copies of petition
Status: in_force

7-2-2505 . Publication of copies of petition. Upon the filing of the petition, the clerk of the district court, upon the receipt of the cost from any voter in the county, shall publish a copy of the petition as provided in 7-1-2121 . Proofs must be made of the publication before the petition can be considered and before a date for the hearing on the petition may be fixed by the court.
Mont. Code Ann. § 7-22-2503 — MT Code / Title 7 / Chapter 22 / Part 25 / Section 7-22-2503
7-22-2503 Agreements with department
Status: in_force

7-22-2503 . Agreements with department. A governing body, when cooperating with the department, may enter into written agreements with the department covering the methods and procedures to be followed in the management and suppression of vertebrate pests, the extent of supervision to be exercised by the governing body, and the use and expenditures of state and county money.
Mont. Code Ann. § 7-14-2615 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2615
7-14-2615 Abandonment or vacation of county roads
Status: in_force

7-14-2615 . Abandonment or vacation of county roads. (1) All county roads once established must continue to be county roads until abandoned or vacated by:

(a) operation of law;

(b) judgment of a court of competent jurisdiction; or

(c) the order of the board on completion of the petition process under Title 7, chapter 14, part 26.

(2) An order to abandon a county road is not valid unless preceded by notice and public hearing.

(3) The board may not abandon a county road or right-of-way used to provide existing legal access to public land or waters, including access for public recreational use as defined in 23-2-301 and as permitted in 23-2-302 , unless another public road or right-of-way provides substantially the same access.

(4) The board may not abandon a county road or right-of-way used to access private land if the access benefits two or more landowners unless all of the landowners agree to the abandonment.
Mont. Code Ann. § 7-3-1231 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1231
7-3-1231 Action on referendum petition
Status: repealed

7-3-1231 . Action on referendum petition. (1) If a referendum petition or amended petition is found sufficient, the clerk shall certify that fact to the commission at its next regular meeting and the ordinance or part of the ordinance set forth in the petition may not go into effect, or further action under the ordinance is suspended if it has gone into effect, until approved by the electors.

(2) Upon receipt of the clerk's certificate, the commission shall reconsider the ordinance or part of the ordinance, and its final vote after reconsideration must be on the question "Shall the ordinance (or part of the ordinance) set forth in the referendum petition be repealed?" If after reconsideration the ordinance or part of the ordinance is not repealed, it must be submitted to the electors at an election conducted in accordance with Title 13, chapter 1, part 4. If when submitted to the electors any ordinance or part of an ordinance is not approved by a majority of those voting on the issue, it is repealed.
Mont. Code Ann. § 7-7-4210 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4210
7-7-4210 Serial bonds
Status: in_force

7-7-4210 . Serial bonds. The term "serial bonds", as used in this part, means a bond issue payable in annual installments of principal commencing not more than 2 years from the date of issue, any one installment consisting of one or more bonds, with the principal amount of bonds maturing or subject to mandatory sinking fund redemption in each installment, commencing with the installment payable in the fourth year after the date of issue, not exceeding three times the principal amount of the bonds payable in the immediately preceding installment.
Mont. Code Ann. § 7-6-108 — MT Code / Title 7 / Chapter 6 / Part 1 / Section 7-6-108
7-6-108 Disposition of in-lieu payments by subdivisions
Status: in_force

7-6-108 . Disposition of in-lieu payments by subdivisions. All money received by a political subdivision pursuant to 7-6-106 or under 7-6-107 shall be deposited in such fund or funds or items of a fund or funds as may be designated in the agreement. If the agreement does not make such designation, the money received shall be deposited in such fund or funds or items of a fund or funds as the governing body of such subdivision shall by appropriate resolution direct.
Mont. Code Ann. § 7-34-104 — MT Code / Title 7 / Chapter 34 / Part 1 / Section 7-34-104
7-34-104 Certain ambulance services unaffected
Status: in_force

7-34-104 . Certain ambulance services unaffected. The provisions of this part shall in no way affect county, city, or town ambulance service in operation on March 14, 1961.
Mont. Code Ann. § 7-3-1325 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1325
7-3-1325 Energy performance contracts exempt
Status: in_force

7-3-1325 . 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. § 7-5-2109 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2109
7-5-2109 County control of litter
Status: in_force

7-5-2109 . County control of litter. (1) (a) Except as provided in 7-5-2112 , a governing body of a county may regulate, control, and prohibit littering on any county road and on land within the county by the adoption of an ordinance that substantially complies with the provisions of 7-5-103 through 7-5-107 . The ordinance may apply to portions of the county and may apply to persons other than the owners of the property on which littering occurs.

(b) The ordinance does not apply to lead, copper, or brass deposits directly resulting from shooting activities at a shooting range.

(c) The ordinance does not apply to a "notice of violation" card placed on a motor vehicle illegally parked in an accessible parking space.

(2) Except as provided in 7-5-2112 , the governing body of a county may establish a fine not to exceed $200 as a penalty for violation of the ordinance referred to in subsection (1). A violation of the ordinance may not be punishable by imprisonment.
Mont. Code Ann. § 7-35-2136 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2136
7-35-2136 Vacancies
Status: in_force

7-35-2136 . Vacancies. In the case of the death, resignation, disability, or removal of any member or members of said board of trustees of said fund, the judge of said district court shall forthwith appoint a trustee or trustees to fill such vacancy or vacancies in the same manner as above provided in the case of an original vacancy.
Mont. Code Ann. § 7-15-4259 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4259
7-15-4259 Exercise of power of eminent domain
Status: in_force

7-15-4259 . Exercise of power of eminent domain. (1) After the adoption by the local governing body of a resolution declaring that the acquisition of the real property described in the resolution is necessary for an urban renewal project under this part, a municipality may acquire by condemnation, as provided in Title 70, chapter 30, any interest in real property that it considers necessary for urban renewal.

(2) Condemnation for urban renewal of blighted areas, as defined in 7-15-4206 (2)(a), (2)(d), (2)(g), or (2)(h), is a public use, and property already devoted to any other public use or acquired by the owner or the owner's predecessor in interest by eminent domain may be condemned for the purposes of this part.

(3) The award of compensation for real property taken for an urban renewal project may not be increased by reason of any increase in the value of the real property caused by the assembly, clearance, or reconstruction or proposed assembly, clearance, or reconstruction in the project area. An allowance may not be made for the improvements begun on real property after notice to the owner of the property of the institution of proceedings to condemn the property. Evidence is admissible bearing upon the unsanitary, unsafe, or substandard condition of the premises or the unlawful use of the premises.

(4) A city or town may not serve as a pass-through entity by using its power of eminent domain, as provided in Title 70, chapter 30, to obtain property with the intent to sell, lease, or provide the property to a private entity.
Mont. Code Ann. § 7-15-4530 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4530
7-15-4530 Special remedies of an obligee resulting from mortgage or trust indenture
Status: in_force

7-15-4530 . Special remedies of an obligee resulting from mortgage or trust indenture. (1) An authority may by its trust indenture, mortgage, lease, or other contract confer upon an obligee holding or representing a specified amount in bonds, leases, or other obligations the right, upon the happening of an event of default as defined in the instrument:

(a) by suit, action, or proceeding in any court of competent jurisdiction, to obtain the appointment of a receiver of a housing project of the authority or any part of a project;

(b) by suit, action, or proceeding in any court of competent jurisdiction, to require the authority and the commissioners to account as if it and they were the trustees of an express trust.

(2) If a receiver is appointed pursuant to subsection (1)(a), the receiver may enter and take possession of the housing project or any part of the project, may operate and maintain the project, and may collect and receive all fees, rents, revenue, or other charges arising from the project in the same manner as the authority itself might do. The receiver shall keep the money in a separate account or accounts and apply the money in accordance with the obligations of the authority as the court directs.
Mont. Code Ann. § 7-11-301 — MT Code / Title 7 / Chapter 11 / Part 3 / Section 7-11-301
7-11-301 Purpose
Status: in_force

7-11-301 . Purpose. (1) The purpose of this part is to provide procedures for the electors of local governments to consolidate or transfer the administrative and financial responsibility for services between or among municipalities and counties.

(2) Nothing in this part is to be construed as in any way affecting the authority of local governments to enter into interlocal agreements or contracts as provided by law.
Mont. Code Ann. § 7-7-2274 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2274
7-7-2274 Closing of accounts and transfer of money to other accounts
Status: in_force

7-7-2274 . Closing of accounts and transfer of money to other accounts. When all bonds of any series or issue, with the interest thereon, have been fully paid or called in for payment and there remains in the sinking and interest fund for such series or issue any amount not required for the payment of such bonds and interest or not used as provided in 7-7-2261 , such excess amount and all amounts subsequently collected for such fund shall be transferred to the general fund of the county or to the sinking and interest fund of any other series or issue of bonds outstanding that the board of county commissioners may designate.
Mont. Code Ann. § 7-21-2401 — MT Code / Title 7 / Chapter 21 / Part 24 / Section 7-21-2401
7-21-2401 Definitions
Status: in_force

7-21-2401 . Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:

(1) "Temporary premises" means a hotel, roominghouse, storeroom, building or part of a building, tent, vacant lot, freight station, railroad car, automobile, truck, trailer or trailer house, or public or quasi-public place that is temporarily occupied by a transient retail merchant.

(2) "Transient retail merchant" means a person, firm, or corporation that, acting on its own behalf or representing any other person, firm, or corporation, brings into temporary premises a stock of goods, wares, articles of merchandise, notions, or other articles of trade and that solicits, sells, offers to sell, or exhibits for sale the stock of goods, wares, articles of merchandise, notions, or other articles of trade at retail.
Mont. Code Ann. § 7-10-102 — MT Code / Title 7 / Chapter 10 / Part 1 / Section 7-10-102
7-10-102 Petition to create or expand regional resource authorities
Status: in_force

7-10-102 . Petition to create or expand regional resource authorities. (1) A petition requesting the establishment or expansion of a regional resource authority must be signed by at least 10% of the qualified electors of the territory proposed to be organized into the authority or expansion and must be presented to the board of county commissioners of the county in which the proposed authority or expansion is located.

(2) When the area to be included within the proposed authority or expansion lies in more than one county, the qualified electors of the proposed area shall present a petition to the board of county commissioners in each county. Each petition must contain the signatures of at least 10% of the qualified electors of the proposed authority or expansion that lies within that county.

(3) The petition must include:

(a) a legal description or map of the proposed authority or expansion boundaries. Boundaries must coincide with the boundaries of political subdivisions of the state to the greatest extent possible and may exclude incorporated cities or towns.

(b) the proposed name of the authority;

(c) a statement that there is a need in the interest of the public health, safety, and welfare for an authority to function or expand in the territory described in the petition;

(d) a request that an election be held in the territories included within the proposed boundaries on the question of creating or expanding the authority; and

(e) the structure of the governing body for the authority as provided in 7-10-110 .

(4) Land, water, projects, as defined in 7-10-201 , or other resources within the exterior boundaries of an Indian reservation may not be included within the boundaries of a regional resource authority without the consent of the governing body of the tribe of the Indian reservation.
Mont. Code Ann. § 7-12-4134 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4134
7-12-4134 Special provision for paving street in which car tracks are located
Status: in_force

7-12-4134 . Special provision for paving street in which car tracks are located. Where the special improvement contemplated is the paving of a street in which car tracks have been constructed, the city shall have the power and authority to order the general character of the material between the rails and 1 foot on each side of the rails to be of a different kind from that used in the remainder of the street. The general character of the material to be used between the car tracks and 1 foot on each side of the rails shall be described in the resolution of intention in the same manner as the general character of the material used for the rest of the contemplated pavement.
Mont. Code Ann. § 7-4-2110 — MT Code / Title 7 / Chapter 4 / Part 21 / Section 7-4-2110
7-4-2110 Supervision of county and other officers
Status: in_force

7-4-2110 . Supervision of county and other officers. (1) The board of county commissioners has jurisdiction and power, under the limitations and restrictions that are prescribed by law, to:

(a) supervise the official conduct of all county officers and officers of all districts and other subdivisions of the county charged with assessing, collecting, safekeeping, managing, or disbursing public revenue;

(b) see that the officers faithfully perform their duties;

(c) direct prosecutions for delinquencies;

(d) when necessary, require the officers to renew their official bonds, make reports, and present their books and accounts for inspection;

(e) require the officers to supervise staff in a manner that complies with personnel policies and procedures adopted by the county governing body;

(f) initiate civil proceedings to seek a writ of mandamus to compel or enjoin the performance of an act by a local government entity within the county or any member of its governing body; and

(g) hire outside counsel to litigate a proceeding seeking a writ of mandamus and recover attorney fees and costs as determined by a court.

(2) (a) Except as provided in subsection (2)(b), as used in this section, "local government entity" has the meaning provided in 2-7-501 .

(b) The term does not include a county, consolidated city-county, incorporated city or town, or school district.
Mont. Code Ann. § 7-23-104 — MT Code / Title 7 / Chapter 23 / Part 1 / Section 7-23-104
7-23-104 Violations
Status: in_force

7-23-104 . Violations. Violation of any provision of this part shall constitute a misdemeanor.
Mont. Code Ann. § 7-14-2109 — MT Code / Title 7 / Chapter 14 / Part 21 / Section 7-14-2109
7-14-2109 Transfer to state of county responsibility for right-of-way
Status: in_force

7-14-2109 . Transfer to state of county responsibility for right-of-way. A board of county commissioners shall transfer its control over and responsibility for a county road when the department of transportation notifies it that:

(1) a federal or state highway has been established and definitely located over a county road;

(2) funds are available for immediate construction of the highway;

(3) the highway will be improved and maintained by the department.
Mont. Code Ann. § 7-11-1006 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1006
7-11-1006 Determining special district boundaries
Status: in_force

7-11-1006 . Determining special district boundaries. (1) The boundaries of the proposed special district must be mapped, clearly described, and made available to the public at the time of the publication of the notice of public hearing pursuant to 7-11-1007 before the district may be approved.

(2) The governing body or petitioners shall consult with a professional land surveyor, as defined in 37-67-101 , to prepare a legal description of the boundaries for the proposed special district.

(3) The boundaries must follow property ownership, precinct, school district, municipal, and county lines as far as practical.
Mont. Code Ann. § 7-4-4103 — MT Code / Title 7 / Chapter 4 / Part 41 / Section 7-4-4103
7-4-4103 Officers of towns
Status: in_force

7-4-4103 . Officers of towns. (1) The officers of a town consist of:

(a) one mayor;

(b) two city council members from each ward; and

(c) one city judge.

(2) Except as provided in 7-5-4410 , the officers listed in subsection (1), except for the city judge, must be elected by the qualified electors of the town.

(3) The governing body of the town may by ordinance determine that the office of city judge must be filled either by election or by appointment or may appoint a justice of the peace or the city judge of another city to be judge of the city court as provided in 3-11-205 .

(4) There may be appointed by the mayor, with the advice and consent of the council:

(a) one clerk, who may be ex officio assessor and tax collector and a member of the council;

(b) one marshal, who may be ex officio street commissioner; and

(c) any other officers necessary to carry out the provisions of this title.

(5) The town council may prescribe the duties of all town officers and fix their compensation, subject to the limitations contained in this title.
Mont. Code Ann. § 7-3-1205 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1205
7-3-1205 Certification of petition -- board action -- election
Status: in_force

7-3-1205 . Certification of petition -- board action -- election. (1) If the county election administrator finds that the petition or amended petition is signed by the required number of registered electors, the election administrator shall certify the finding to the board of county commissioners at their next regular meeting.

(2) The board shall, within 10 days after receiving the election administrator's certificate, order an election to be held on the question. The election must be conducted in accordance with Title 13, chapter 1, part 4.
Mont. Code Ann. § 7-12-4253 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4253
7-12-4253 Nature of court proceedings
Status: in_force

7-12-4253 . Nature of court proceedings. The action provided for in 7-12-4252 shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested shall be had by notice given as provided in 7-12-4254 .
Mont. Code Ann. § 7-7-4312 — MT Code / Title 7 / Chapter 7 / Part 43 / Section 7-7-4312
7-7-4312 Disposition of proceeds of refunding bonds
Status: in_force

7-7-4312 . Disposition of proceeds of refunding bonds. Whenever bonds are issued for the purpose of funding outstanding warrants or refunding outstanding bonds, it shall be the duty of the city treasurer or town clerk to apply the proceeds derived from the sale of such bonds to the payment of such funded warrants or refunded bonds.
Mont. Code Ann. § 7-2-2743 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2743
7-2-2743 Collection of taxes and other money
Status: in_force

7-2-2743 . Collection of taxes and other money. Taxes levied for all funds that were delinquent on the day the county ceased to exist and for which tax lien sales had not been held and all licenses and other money owing to the county at that time must be collected by the treasurer of the county designated in the petition for abandonment as the county to which its territory is to be attached and must be deposited to the credit of the funds of the abandoned and abolished county.
Mont. Code Ann. § 7-13-2277 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2277
7-13-2277 Appointment of administrative personnel
Status: in_force

7-13-2277 . Appointment of administrative personnel. (1) The board of directors shall, at its first meeting or as soon thereafter as practicable, appoint by a majority vote a general manager and a secretary. A director may not be the general manager or the secretary. The board of directors may assign the district's operator, as defined in 37-42-102 , the additional duties of a general manager.

(2) The general manager and secretary must receive the compensation that the board determines, and each shall serve at the pleasure of the board.
Mont. Code Ann. § 7-2-4504 — MT Code / Title 7 / Chapter 2 / Part 45 / Section 7-2-4504
7-2-4504 What constitutes contiguous lands
Status: in_force

7-2-4504 . What constitutes contiguous lands. Tracts or parcels of land proposed to be annexed to a city or town under the provisions of this part shall be deemed contiguous to such city or town even though such tracts or parcels of land may be separated from such city or town by a street or other roadway, irrigation ditch, drainage ditch, stream, river, or a strip of unplatted land too narrow or too small to be platted.
Mont. Code Ann. § 7-14-1106 — MT Code / Title 7 / Chapter 14 / Part 11 / Section 7-14-1106
7-14-1106 Election of local port authority commissioners
Status: in_force

7-14-1106 . Election of local port authority commissioners. (1) Any registered elector in the county or municipality in which the local port authority is located may file a declaration of candidacy with the election administrator. The declaration must be filed within the time period for candidate filing specified in 13-1-502 .

(2) The election must be conducted in accordance with Title 13, chapter 1, part 5.

(3) If no declarations are filed for one or more commissioner offices, the appropriate local governing body shall appoint one or more commissioners as necessary to fill those offices.
Mont. Code Ann. § 7-7-4223 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4223
7-7-4223 Procedure to call election on question of bonded indebtedness
Status: in_force

7-7-4223 . Procedure to call election on question of bonded indebtedness. An election on the question of issuing bonds may be called by the city or town council or commission on its passage of the necessary resolution, as hereinafter provided, or after there has been presented to the council or commission a petition asking that such election be held and question submitted.
Mont. Code Ann. § 7-11-207 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-207
7-11-207 Composition of commission
Status: in_force

7-11-207 . Composition of commission. An interlocal cooperation commission established pursuant to this part consists of members to be selected as follows:

(1) four members selected by the county commissioners;

(2) four members appointed by the mayor of the principal city and confirmed by the governing body of the city;

(3) one member appointed by the mayor of each of the other cities and towns in the county and confirmed by the governing body of the city or town;

(4) one member, who must be presiding officer of the interlocal cooperation commission, selected by the other members of the commission at their initial meeting.
Mont. Code Ann. § 7-14-4715 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4715
7-14-4715 Authorization for issuance of bonds by improvement districts for pedestrian malls or offstreet parking
Status: in_force

7-14-4715 . Authorization for issuance of bonds by improvement districts for pedestrian malls or offstreet parking. An improvement district formed for pedestrian malls or offstreet parking shall be authorized to issue improvement bonds.
Mont. Code Ann. § 7-2-2758 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2758
7-2-2758 Compensation for appraisers
Status: in_force

7-2-2758 . Compensation for appraisers. The compensation of all appraisers appointed under the provisions of 7-2-2756 and 7-2-2757 shall be fixed by the district judge appointing the same.
Mont. Code Ann. § 7-3-177 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-177
7-3-177 Composition of study commission
Status: in_force

7-3-177 . Composition of study commission. (1) The number of positions, which must be an odd number of not less than three, on the study commission shall be set out in the resolution or petition calling for the election on the question of reviewing the local government or local governments and establishing a study commission. If the election is called under the provisions of 7-3-173 (1)(c), the study commission shall consist of three members unless the local governing body by resolution declares that a larger number shall be elected.

(2) Every study commission shall include as an ex officio nonvoting member a member of the governing body or an elected official or employee of the local government appointed by the governing body. The ex officio member must be appointed prior to the organization of the study commission provided for in 7-3-179 .
Mont. Code Ann. § 7-3-709 — MT Code / Title 7 / Chapter 3 / Part 7 / Section 7-3-709
7-3-709 Amendment of charter
Status: in_force

7-3-709 . Amendment of charter. A charter may be amended only as provided by state law.
Mont. Code Ann. § 7-14-4631 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4631
7-14-4631 Compliance with land use laws required
Status: in_force

7-14-4631 . Compliance with land use laws required. (1) All parking facilities of a commission are subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the parking facility is situated.

(2) In the planning and location of any parking facility, a commission is subject to the relationship of the facility to any growth policy or sections of a growth policy for the development of the area in which the commission functions.
Mont. Code Ann. § 7-32-2142 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2142
7-32-2142 Fees of sheriff for holding property
Status: in_force

7-32-2142 . Fees of sheriff for holding property. For the expense in taking and keeping possession of and preserving property under attachment, execution, or other process, the sheriff shall receive such sum as the court or judge may order, not to exceed the actual expense incurred. No keeper must receive to exceed $10 per day, and no keeper must be employed without an order of court or be so employed unless the property is of such character as to need the personal attention and supervision of a keeper. No property shall be placed in charge of a keeper if it can be safely and securely stored or where there is no reasonable danger of loss.
Mont. Code Ann. § 7-4-2914 — MT Code / Title 7 / Chapter 4 / Part 29 / Section 7-4-2914
7-4-2914 Statement required before allowing accounts of coroner
Status: in_force

7-4-2914 . Statement required before allowing accounts of coroner. Before allowing the accounts of the coroner, the board of county commissioners shall require the coroner to file with the clerk of the board a statement, in writing and verified by affidavit, showing:

(1) the amount of money or other property belonging to the estate of the deceased person that has come into the coroner's possession since the last statement; and

(2) the disposition made of the property.
Mont. Code Ann. § 7-14-2501 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2501
7-14-2501 General road tax authorized
Status: in_force

7-14-2501 . General road tax authorized. (1) Subject to 15-10-420 and to raise revenue for the construction, maintenance, or improvement of public highways, each board of county commissioners may levy a tax upon the taxable property in the county. The tax must be collected the same as other taxes as the board may direct.

(2) This section does not apply to incorporated cities and towns that by ordinance provide for the levy of a tax for road, street, or alley purposes.

(3) All money collected under this section must be deposited in the county road fund.
Mont. Code Ann. § 7-14-4404 — MT Code / Title 7 / Chapter 14 / Part 44 / Section 7-14-4404
7-14-4404 Tax levy for contracts to operate bus service
Status: in_force

7-14-4404 . Tax levy for contracts to operate bus service. For the purpose of raising the necessary money to defray the cost of the transportation service authorized by 7-14-4401 (1)(b) pursuant to a contract, lease, or lease and operating agreement with an independent carrier or carriers, the city or town council may annually levy a tax on the taxable value of all taxable property within the limits of the city or town. Whenever the council of the city or town considers it necessary to raise money by taxation for transportation services in excess of the levy allowed by 15-10-420 , the council of the city or town shall in the manner prescribed by law submit the question of the additional levy to the qualified electors of the city or town at an election held pursuant to 15-10-425 .
Mont. Code Ann. § 7-4-2206 — MT Code / Title 7 / Chapter 4 / Part 22 / Section 7-4-2206
7-4-2206 Vacancies -- appointment of interim officer
Status: in_force

7-4-2206 . Vacancies -- appointment of interim officer. (1) For the purposes of this part, "vacancy" has the same meaning as prescribed in 2-16-501 .

(2) (a) Vacancies in all county offices, except that of county commissioner, must be filled by appointment by the board of county commissioners. Except as provided in subsections (3) and (4), the appointee holds the office, if elective, until the person elected at the next general election is certified pursuant to 13-15-406 . If the office is not elective, the appointee serves at the pleasure of the commissioners.

(b) The commissioners may appoint a person to serve as an interim officer for the time period between occurrence of the vacancy and the date on which the vacancy is filled pursuant to this section. A person appointed as an interim officer must have the qualifications required under this chapter for the office to which the person has been appointed. Upon appointment, the interim officer is authorized to perform the duties assigned by law to that office.

(3) Whenever a vacancy occurs prior to August 1 before the general election held during the second year of the term, an individual must be elected to complete the term at that general election. The election procedure to be used to elect the successor is as follows:

(a) Whenever the vacancy occurs prior to March 1 before the primary election during the second year of the term, the same procedure must be used as is used to elect a person to that office for a full 4-year term.

(b) Whenever the vacancy occurs on or after March 1 before the primary election, any political party desiring to enter a candidate in a partisan election in the general election shall select a candidate as provided in 13-38-204 . A political party shall notify the county election administrator of the party nominee. A person desiring to be a candidate as an independent shall follow the procedures provided in 13-10-501 and 13-10-502 . The petition for an independent candidate must be filed with the county election administrator prior to August 1 before the general election. A candidate for a nonpartisan office shall file as provided in Title 13, chapter 14.

(4) Whenever a vacancy occurs after July 31 before the general election held during the second year of the term, the person appointed by the commissioners under subsection (2) shall serve until the end of the term.
Mont. Code Ann. § 7-3-416 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-416
7-3-416 Terms of commission members
Status: in_force

7-3-416 . Terms of commission members. Commission members shall be elected for:

(1) concurrent terms of office; or

(2) overlapping terms of office.
Mont. Code Ann. § 7-32-2111 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2111
7-32-2111 Hours of work for deputy sheriff
Status: in_force

7-32-2111 . Hours of work for deputy sheriff. A person employed as a deputy sheriff of a county having a taxable valuation of $30 million or more may not be required to work in excess of 40 hours a week except in case of an emergency and is entitled to 2 days off in each 7-day period.
Mont. Code Ann. § 7-14-4204 — MT Code / Title 7 / Chapter 14 / Part 42 / Section 7-14-4204
7-14-4204 Appeal from determination of damages
Status: in_force

7-14-4204 . Appeal from determination of damages. (1) Within 20 days after the filing of the report with the clerk, either party feeling dissatisfied with such appraisement may file in the office of the clerk of the district court within the county in which such city or town is located a copy of such report, certified by the clerk of such city or town, and file with said clerk and serve on the opposite party a notice of appeal from such report.

(2) Upon the filing of the report and the notice of appeal, the clerk of the district court must cause such proceedings to be entered on the register of actions, designating such city or town as plaintiff and the owner of the building as defendant. The question of the amount of damages may be tried by a jury or the court.

(3) The report of the appraisers is the complaint, all the material facts of which in reference to damages are considered denied, and these constitute the issues to be tried.
Mont. Code Ann. § 7-14-4627 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4627
7-14-4627 Leasing of surplus or uneconomical space for incidental purposes
Status: in_force

7-14-4627 . Leasing of surplus or uneconomical space for incidental purposes. (1) Subject to the limitations imposed by this part, when in the judgment of the commission it is convenient or necessary to permit such use in order to utilize properly such land as a parking facility, each parking commission shall have power to lease for incidental commercial purposes surplus space or space which it is not economical to use for parking purposes, as an incident to the operation of any parking facility.

(2) The city or parking commission shall be prohibited from operating any such additional, secondary, and incidental facilities. Such incidental use or uses must be secondary to the primary use as a parking facility. The commission or the city shall lease such space to private operators at rates comparable to the existing market rate for similar taxable space at the location.

(3) (a) Except as provided in subsection (3)(b), if a building is erected on such property for the purpose of parking motor vehicles, then such incidental use or uses of such building shall be confined to the street level and/or below street level of such building. Such incidental use or uses at street level may occupy the entire surface area of the property less that area required for vehicular and pedestrian movement if at least two higher levels, each of equal or greater area, are devoted entirely to parking purposes.

(b) Other provisions notwithstanding, the commission or the city may lease air rights above such building.
Mont. Code Ann. § 7-14-232 — MT Code / Title 7 / Chapter 14 / Part 2 / Section 7-14-232
7-14-232 Mill levy authorized
Status: in_force

7-14-232 . Mill levy authorized. Subject to 15-10-420 , the commissioners shall annually, at the time of levying county taxes, fix and levy a tax in mills upon all property within the transportation district sufficient to operate the district, taking into account the amount requested by the board.
Mont. Code Ann. § 7-33-2208 — MT Code / Title 7 / Chapter 33 / Part 22 / Section 7-33-2208
7-33-2208 Fire control powers -- liability
Status: in_force

7-33-2208 . Fire control powers -- liability. (1) Any county rural fire chief, district rural fire chief or deputy, or fire service area or fire company fire chief or deputy may enter private property or direct the entry of fire control crews for the purpose of suppressing fires.

(2) A chief or deputy and the county, rural district, fire company, or fire service area are immune from suit for injury to persons or property resulting from actions taken to suppress fires under 10-3-209 or this section. An entity or individual listed in this section is also immune from suit for injury to persons or property resulting from a determination not to provide assistance requested pursuant to 10-3-209 .

(3) An owner of real property is not liable for damages or injury resulting from acts or omissions by a volunteer firefighter of a rural fire district, fire service area, or fire company while the firefighter is engaged in fire suppression activities on the owner's property.
Mont. Code Ann. § 7-4-4511 — MT Code / Title 7 / Chapter 4 / Part 45 / Section 7-4-4511
7-4-4511 Duties of town clerk related to administration
Status: in_force

7-4-4511 . Duties of town clerk related to administration. It shall be the duty of the town clerk to:

(1) attend all meetings of the council and record and sign the proceedings thereof and all ordinances, bylaws, resolutions, and contracts passed, adopted, or entered into;

(2) enter in a book all ordinances, resolutions, and bylaws passed and adopted by the council;

(3) countersign and cause to be published or posted, as provided by law, all ordinances, bylaws, or resolutions passed and adopted by the council;

(4) sign, number, and keep a record of all licenses, commissions, or permits granted or authorized by the council.
Mont. Code Ann. § 7-8-105 — MT Code / Title 7 / Chapter 8 / Part 1 / Section 7-8-105
7-8-105 Authorization to dispose of certain property in possession of local law enforcement
Status: in_force

7-8-105 . Authorization to dispose of certain property in possession of local law enforcement. (1) The legislative body of a local government may, by ordinance or resolution, provide for the care, restitution, sale, donation, return, or destruction of unclaimed tangible personal property that may come into the possession of a peace officer or a law enforcement entity of the local government for which state law does not otherwise provide a procedure for disposition.

(2) At a minimum, the ordinance or resolution must provide:

(a) that unclaimed property valued at $20 or more must be held by the local government for a period of at least 3 months;

(b) a process by which the local government shall attempt to notify the legal owner of unclaimed property held in its possession;

(c) a process by which the local government may allow a finder of unclaimed personal property to take possession of that property if it remains unclaimed;

(d) that unclaimed property will be destroyed as allowed or required by local, state, or federal law, returned to the finder, donated, or otherwise sold at public auction to the highest bidder;

(e) that, at least 10 days prior to the time fixed for the destruction, return, donation, or sale at public auction of unclaimed property, notice of the planned disposal must be given by publication one time in a newspaper of general circulation; and

(f) that, upon proof of legal ownership, the local government shall restore the unclaimed property to its legal owner.

(3) After property has been destroyed, returned, donated, or sold at public auction, the property or the value of the property is not redeemable by the owner or another person entitled to possession.
Mont. Code Ann. § 7-13-2104 — MT Code / Title 7 / Chapter 13 / Part 21 / Section 7-13-2104
7-13-2104 Scope of prior sections
Status: in_force

7-13-2104 . Scope of prior sections. Nothing contained in 7-13-2101 through 7-13-2103 shall be construed as in any manner affecting any of the terms and provisions of Title 70, chapter 30.
Mont. Code Ann. § 7-2-2405 — MT Code / Title 7 / Chapter 2 / Part 24 / Section 7-2-2405
7-2-2405 Certification of accuracy of transcription
Status: in_force

7-2-2405 . Certification of accuracy of transcription. (1) When the transcript of the records provided for in this part are completed and approved by the county commissioners of the county, they must be delivered to the county clerk and recorder of the county from which the records were taken. It is the duty of the county clerk and recorder to compare the records transcribed with the original records as the records appear on the record books of the original county. The county clerk and recorder to whom the transcript is delivered for comparison shall certify under oath that the transcribed records are full, complete, and exact copies of the original records.

(2) The county clerk and recorder is entitled to $6 a day for the time actually spent in comparing the records, to be paid out of the general fund of the county requiring the comparison and certificate.
Mont. Code Ann. § 7-12-2153 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2153
7-12-2153 Incidental expenses considered as cost of improvements -- costs for bonds or warrants secured by revolving fund -- district reserve account
Status: in_force

7-12-2153 . Incidental expenses considered as cost of improvements -- costs for bonds or warrants secured by revolving fund -- district reserve account. (1) Incidental expenses connected with the formation of a rural improvement district, including the cost of preparation of plans, specifications, maps, or plats; engineering, superintendence, and inspection; preparation of assessment rolls; and the other incidental expenses described in 7-12-2101 (7) are considered a part of the cost of making the improvements within the rural improvement district.

(2) If the bonds or warrants are secured by the revolving fund pursuant to 7-12-2185 , the original costs of any improvement must include an amount of at least 5% and not more than 10% of the principal amount of any bonds or warrants to be issued, which must be deposited in the revolving fund created in 7-12-2181 .

(3) (a) Subject to the provisions of subsections (3)(b) through (3)(e), the board of county commissioners may create a district reserve account.

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

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

(d) If bonds or warrants are secured by the revolving fund, the district reserve account, if established, must be exhausted before a loan may be made from the revolving fund pursuant to 7-12-2183 .

(e) Money remaining in the district reserve account after the principal and interest on all bonds and warrants drawn on the district have been paid or discharged must be transferred to the revolving fund.

(4) The establishment of a district reserve account does not preclude the board of county commissioners from requiring additional security from the owners of real property in the district.
Mont. Code Ann. § 7-13-101 — MT Code / Title 7 / Chapter 13 / Part 1 / Section 7-13-101
7-13-101 Authorization to create metropolitan sanitary and/or storm sewer districts
Status: in_force

7-13-101 . Authorization to create metropolitan sanitary and/or storm sewer districts. Whenever the public convenience and necessity may require, in order to construct sanitary and/or storm sewer systems within any county, which sanitary and/or storm sewer systems would serve the inhabitants of any county as well as the inhabitants of any city or town within said county, the board of county commissioners, with the approval of the city or town council, may create metropolitan sanitary and/or storm sewer districts.
Mont. Code Ann. § 7-15-4406 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4406
7-15-4406 Decision of city council
Status: in_force

7-15-4406 . Decision of city council. (1) After the hearing, the council shall determine:

(a) whether unsanitary or unsafe inhabited dwelling accommodations exist in the city and the surrounding area; and/or

(b) whether there is a lack of safe or sanitary dwelling accommodations in the city and the surrounding area available for all the inhabitants thereof.

(2) If it determines that either or both of the above-enumerated conditions exist, the council shall draft an ordinance authorizing the mayor to appoint seven commissioners to act as an authority.

(3) If the council, after a hearing, determines that neither of the above-enumerated conditions exist, it shall adopt a resolution denying the petition. After 3 months have expired from the date of the denial of a petition, subsequent petitions may be filed and new hearings and determinations made on the petitions.
Mont. Code Ann. § 7-12-4161 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4161
7-12-4161 Choice in manner of assessing costs
Status: in_force

7-12-4161 . Choice in manner of assessing costs. (1) Except as provided in subsection (2), to defray the cost of making or acquiring any of the improvements provided for in this part, including incidental expenses, the city council or commission shall adopt one of the methods of assessment, where applicable, provided in 7-12-4162 through 7-12-4165 for each improvement to be made or acquired for the benefit of the district.

(2) The city council may use one or any combination of methods of assessment in a single special improvement district, and if more than one improvement is undertaken, each lot or parcel of land in the district need not be assessed for the cost of all the improvements. If the method of assessment described in 7-12-4162 (3)(a) is used, the resolution of intention under 7-12-4104 and notice under 7-12-4106 must provide that if an increase occurs in the number of benefited lots, tracts, or parcels within the boundaries of the district during the term of the bonded indebtedness, the assessment per lot, tract, or parcel then in the district will be recalculated as provided in 7-12-4162 (3)(b).
Mont. Code Ann. § 7-10-104 — MT Code / Title 7 / Chapter 10 / Part 1 / Section 7-10-104
7-10-104 Regional resource authority or expansion -- election required -- notice
Status: in_force

7-10-104 . Regional resource authority or expansion -- election required -- notice. (1) Upon a determination that the petition complies with the provisions of 7-10-102 , the board of county commissioners of each county in which the proposed regional resource authority or expansion lies shall give notice of an election to be held within the boundaries of the proposed authority or expansion for the purpose of determining whether a regional resource authority should be created or expanded. The election must be held in accordance with Title 13, chapter 1, part 5.

(2) Notice of the election must be made as provided in 13-1-108 and must:

(a) describe the purpose of the proposed authority or expansion; and

(b) state the name of the proposed authority.
Mont. Code Ann. § 7-15-4531 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4531
7-15-4531 Remedies of obligees to be cumulative
Status: in_force

7-15-4531 . Remedies of obligees to be cumulative. All the rights and remedies hereinabove conferred shall be cumulative and in addition to all other rights and remedies that may be conferred upon such obligee of the authority by law or by any contract with the authority.
Mont. Code Ann. § 7-2-2756 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2756
7-2-2756 Sale of acquired real property
Status: in_force

7-2-2756 . Sale of acquired real property. (1) Real estate may not be sold by the board of county commissioners unless the property has been appraised within 1 year immediately prior to the date of sale by three taxpayers who reside within the territory of the abandoned and abolished county and who were appointed by the judge of the district court to which the county is attached, on petition of the board of that county. Each sale of real estate must be made at public sale, and notice must be published as provided in 7-1-2121 . The real estate may not be sold for a price less than 90% of the appraised value.

(2) The full purchase price of any real estate sold may not be required to be made in one payment. The purchaser may pay the price in four installments, the first of which must be not less than 25% of the purchase price, to be paid at the time of purchase, with the remainder to be paid in three equal annual installments with interest at not less than 5% a year. Whenever the purchase price of any real estate is to be paid in installments, the board shall enter into a contract with the purchaser and the contract must be recorded in the office of the county clerk. When payment in full has been made for real estate, the presiding officer of the board shall execute and deliver the proper bill of sale or deed to the purchaser or the purchaser's successor in interest.

(3) All real estate sold, with any improvements on the real estate, is subject to assessment and taxation annually to the purchaser or the purchaser's successor in interest at a value equal to the amount paid on the purchase price until the purchase price is fully paid, when the real estate must be assessed at its full cash value. Any improvements placed on any real estate after its purchase are subject to assessment and taxation at the full cash value of the improvements.
Mont. Code Ann. § 7-32-2222 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2222
7-32-2222 Health and safety of inmates
Status: in_force

7-32-2222 . Health and safety of inmates. (1) Each detention center shall comply with state and local fire codes for correctional occupancy and with sanitation, safety, and health codes.

(2) Designated exits must permit prompt evacuation of inmates and detention center staff in an emergency.

(3) When there is good reason to believe that the inmates may be injured or endangered, the detention center administrator shall remove them to a safe and convenient place and confine them there as long as necessary to avoid the danger.
Mont. Code Ann. § 7-11-1009 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1009
7-11-1009 Provisions applicable to jurisdictionwide special districts
Status: in_force

7-11-1009 . Provisions applicable to jurisdictionwide special districts. (1) This section applies to a special district created under this part by resolution as allowed in 7-11-1007 and 7-11-1008 or by referendum as allowed in 7-11-1011 that encompasses the entire jurisdictional area of a local government as defined in 7-11-1002 (2).

(2) (a) If the governing body seeks to create a special district by resolution pursuant to 7-11-1007 and 7-11-1008 , the governing body may not increase the total amount assessed by the district above the amount set forth in the resolution as required by 7-11-1007 (2)(e) in a subsequent year by more than the lesser of the following calculated values:

(i) the average of the total amount assessed by the district in each of the previous 5 years multiplied by the average rate of inflation since the inception of the district; or

(ii) the total amount assessed by the governing body in the year the district was created multiplied by the average rate of inflation since the inception of the district.

(b) The rate of inflation referenced in subsections (2)(a)(i) and (2)(a)(ii) must be calculated using the consumer price index, U.S. city average, all urban consumers, using the 1982-84 base of 100, as published by the bureau of labor statistics of the United States department of labor.

(3) (a) If the governing body seeks to create a special district by resolution and referendum pursuant to 7-11-1011 , the resolution ordering the referendum must include, in addition to the items included in 7-11-1011 , a detailed description of:

(i) the estimated total cost of the programs, services, or improvements to be funded over the duration of the district;

(ii) whether the governing body anticipates bonding for improvements and the estimated principal amount of the bonds;

(iii) the estimated annual rate or amount of the proposed assessments or fees that would be imposed over the duration of the district; and

(iv) an estimate of the impact of the creation of the district on a property in the district, according to the method of assessment identified as required by 7-11-1011 (2)(e).

(b) The governing body may not exceed the amounts provided in subsection (3)(a) over the duration of the district without subsequent approval of the voters.

(4) (a) Unless otherwise dissolved pursuant to this part or by the terms of the resolution creating the special district, a special district created by resolution pursuant to 7-11-1007 and 7-11-1008 and subject to the provisions of this section must dissolve 13 years after the date of the order creating the district as provided in 7-11-1013 or when any bonded indebtedness has been paid in full, whichever is later. The provisions of 7-11-1029 (5) through (8) apply to the dissolution of a special district as provided in this subsection (4)(a).

(b) Prior to the dissolution of a special district, the governing body may extend the duration of the district by following the same procedures set forth in this section and the applicable provisions of 7-11-1003 , 7-11-1007 , 7-11-1008 , and 7-11-1011 .

(5) As used in this section, "special district" means a special district created under this part that encompasses the entire jurisdictional area of a local government as defined in 7-11-1002 (2).
Mont. Code Ann. § 7-12-2163 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2163
7-12-2163 Collection of district assessments by county treasurer -- delinquencies
Status: in_force

7-12-2163 . Collection of district assessments by county treasurer -- delinquencies. (1) When a resolution of assessment, either for construction or maintenance, has been certified by the county clerk, the county treasurer shall, in accordance with the provisions of this title, collect the assessment in the same manner and at the same time as taxes for general and municipal purposes are collected.

(2) When the payment of an installment of a special assessment becomes delinquent, all payments of subsequent installments of the special assessment may, at the option of the board of county commissioners and upon adoption of the appropriate resolutions, become delinquent. Upon delinquency in one or all installments, the whole property must be sold the same as other property is sold for taxes. The enforcement of the lien of any installment of a special assessment by any method authorized by law does not prevent the enforcement of the lien of any subsequent installment when it becomes delinquent.
Mont. Code Ann. § 7-2-2404 — MT Code / Title 7 / Chapter 2 / Part 24 / Section 7-2-2404
7-2-2404 Payment for transcription of records
Status: in_force

7-2-2404 . Payment for transcription of records. Payment for transcribing such records shall be made by the county contracting therefor and by a warrant or warrants payable out of the general fund of such county.
Mont. Code Ann. § 7-12-4148 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4148
7-12-4148 Contract with successful bidder
Status: in_force

7-12-4148 . Contract with successful bidder. If the owners referred to in 7-12-4147 fail to elect to take the work, to enter into a written contract for the work within 3 days, or to commence the work within 15 days after the date of the written contract and to prosecute the contract with diligence to completion, the city council shall enter into a contract with the original bidder to whom the contract was awarded at the prices specified in the bid.
Mont. Code Ann. § 7-7-4622 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4622
7-7-4622 Permissible covenants for refunding revenue bonds
Status: in_force

7-7-4622 . Permissible covenants for refunding revenue bonds. (1) The governing body of any municipality shall have power, in addition to the other powers conferred by this part, to insert provisions in any resolution authorizing the issuance of refunding bonds, which shall be a part of the contract with the holders of the refunding bonds, as to:

(a) limitations on the purpose to which the proceeds of sale of any issue of refunding bonds or any notes, bonds, or other obligations then or thereafter to be issued to finance the improving of the enterprise may be applied;

(b) limitations on the issuance of additional refunding bonds or additional notes, bonds, or other obligations to finance the improving of the enterprise and on the lien thereof;

(c) limitations on the right of the municipality or its governing body to restrict and regulate the use of the enterprise;

(d) the amount and kind of insurance to be maintained on the enterprise and the use and disposition of insurance money;

(e) pledging all or any part of the revenues of the enterprise to which its right then exists or the right to which may thereafter come into existence;

(f) covenanting against pledging all or any part of the revenues of the enterprise to which its right then exists or the right to which may thereafter come into existence;

(g) events of default and terms and conditions upon which any or all of the refunding bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;

(h) the rights, liabilities, powers, and duties arising upon the breach by it of any covenants, conditions, or obligations;

(i) the vesting in a trustee or trustees of the right to enforce any covenants made to secure, to pay, or in relation to the refunding bonds, as to the powers and duties of such trustee or trustees and the limitation of liabilities thereof, and as to the terms and conditions upon which the holders of the refunding bonds or any proportion or percentage of them may enforce any covenants made under this part or duties imposed hereby;

(j) a procedure by which the terms of any resolution authorizing refunding bonds or any other contract with bondholders, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated and as to the amount of refunding bonds the holders of which must consent thereto and the manner in which such consent may be given;

(k) the execution of all instruments necessary or convenient in the exercise of the powers granted by this part or in the performance of the duties of the municipality and the officers, agents, and employees thereof;

(l) refraining from pledging or in any manner whatever claiming or taking the benefit or advantage of any stay or extension law whenever enacted or at any time hereafter in force which may affect the duties or covenants of the municipality in relation to the refunding bonds, the performance thereof, or the lien of such refunding bonds;

(m) the purchase out of any funds available therefor, including but not limited to the proceeds of refunding bonds, of any outstanding notes, bonds, or obligations, including but not limited to refunding bonds, and the price or prices at which and the manner in which such purchases may be made;

(n) any other acts and things as may be necessary or convenient or desirable in order to secure the refunding bonds or as may tend to make the refunding bonds more marketable.

(2) Nothing in this section shall be construed to authorize any municipality to make any covenants, to perform any act, or to do anything which shall require the expenditure in any manner or for any purpose by the municipality of any funds other than revenues received or receivable from the enterprise.
Mont. Code Ann. § 7-2-6107 — MT Code / Title 7 / Chapter 2 / Part 61 / Section 7-2-6107
7-2-6107 Effect on hospital districts
Status: in_force

7-2-6107 . Effect on hospital districts. Hospital district boundaries impacted by a change of boundary under this part must be adjusted to ensure the affected property is relocated to the hospital district that is accessible to the affected property or to the new hospital district created by the petition.
Mont. Code Ann. § 7-16-2324 — MT Code / Title 7 / Chapter 16 / Part 23 / Section 7-16-2324
7-16-2324 Sale, lease, or exchange of dedicated park lands
Status: in_force

7-16-2324 . Sale, lease, or exchange of dedicated park lands. (1) For the purposes of chapter 8, part 25, and this section, lands dedicated to the public use for park or playground purposes under 76-3-621 are considered county lands unless conveyance to a governmental unit other than a county is provided by law or agreement.

(2) A county may not sell, lease, or exchange lands dedicated for park or playground purposes except as provided under chapter 8, part 25, and this section.

(3) Prior to selling, leasing, or exchanging any county land dedicated to public use for park or playground purposes, a county shall:

(a) compile an inventory of all public parks and playgrounds within the county;

(b) prepare a comprehensive plan for the provision of outdoor recreation and open space within the county;

(c) determine that the proposed sale, lease, or exchange furthers or is consistent with the county's outdoor recreation and open space comprehensive plan;

(d) publish notice as provided in 7-1-2121 of intention to sell, lease, or dispose of the park or playground lands, giving the people of the county opportunity to be heard regarding the action;

(e) if the land is within an incorporated city or town, secure the approval of the governing body for the action; and

(f) comply with any other applicable requirements under chapter 8, part 25.

(4) Any revenue realized by a county from the sale, exchange, or disposal of lands dedicated to public use for park or playground purposes must be paid into the park fund and used in the manner prescribed in 76-3-621 for cash received in lieu of dedication.
Mont. Code Ann. § 7-5-4109 — MT Code / Title 7 / Chapter 5 / Part 41 / Section 7-5-4109
7-5-4109 Control of conflict of interest
Status: in_force

7-5-4109 . Control of conflict of interest. (1) The mayor, any member of the council, any city or town officer, or any relative or employee of an enumerated officer may not be directly or indirectly interested in the profits of any contract entered into by the council while the officer is or was in office.

(2) The governing body of a city or town may waive the application of the prohibition contained in subsection (1) for a city or town officer or employee, or to the relative of an officer or employee, if in an official capacity the officer or employee does not influence the decisionmaking process or supervise a function regarding the contract in question. A governing body may grant a waiver under this subsection only after publicly disclosing the nature of the conflict at an advertised public hearing held for that purpose. In determining whether to grant a waiver, the governing body shall consider the following factors, where applicable:

(a) whether the waiver would provide to a program or project a significant benefit or an essential skill or expertise that would otherwise not be available;

(b) whether an opportunity was provided for open competitive bidding or negotiation;

(c) whether the person affected is a member of a clearly identified group of persons that is the intended beneficiary of the program or project involved in the contract; and

(d) whether the hardship imposed on the affected person or the governmental entity by prohibiting the conflict will outweigh the public interest served by avoiding the conflict.
Mont. Code Ann. § 7-8-2111 — MT Code / Title 7 / Chapter 8 / Part 21 / Section 7-8-2111
7-8-2111 Inventory of county tools and equipment
Status: in_force

7-8-2111 . Inventory of county tools and equipment. The board of county commissioners shall biennially prepare and file with the county clerk and recorder an inventory covering all county tools, machinery, and equipment.
Mont. Code Ann. § 7-3-146 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-146
7-3-146 Filing of petitions
Status: in_force

7-3-146 . Filing of petitions. (1) Two copies of a petition must be filed with the department of administration.

(2) One copy of a petition must be filed with the local government records administrator.

(3) The filings required by this section must be done within 45 days of submission of the petition.
Mont. Code Ann. § 7-12-4256 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4256
7-12-4256 Decision of district court
Status: in_force

7-12-4256 . Decision of district court. (1) If upon the hearing the court shall find and determine that the requirements of 7-12-4241 through 7-12-4258 have been complied with and notice of the hearing duly given as required by law, it shall have power to examine and determine the regularity, legality, and validity of the proceedings relative to the issuance of the bonds and the levy of special assessments and the legality and validity of the bonds and the special assessment and may ratify, approve, and confirm the proceedings in whole or in part and enter its judgment or decree accordingly.

(2) If no appeal pursuant to 7-12-4257 is taken within the time provided for in 7-12-4257 or if the judgment or decree of the district court be affirmed upon such appeal, such judgment or decree shall be forever conclusive upon all the world as to the validity of the bonds and the special assessment, and the same shall never be called into question in any court of the state.
Mont. Code Ann. § 7-22-2144 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2144
7-22-2144 Payment of cost of weed control program
Status: in_force

7-22-2144 . Payment of cost of weed control program. The total cost of weed control within the district must be paid from the noxious weed fund. The cost of controlling weeds growing along the right-of-way of a state or federal highway must, upon the presentation by the board of a verified account of the expenses incurred, be paid from the state highway fund in compliance with 7-14-2132 and any agreement between the board and the department of transportation. Costs attributed to other lands within the district must be assessed to and collected from the responsible person as set forth in 7-22-2134 .
Mont. Code Ann. § 7-2-2206 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2206
7-2-2206 Contents of petition -- petition approval procedure -- deadline for filing signatures
Status: in_force

7-2-2206 . Contents of petition -- petition approval procedure -- deadline for filing signatures. (1) A petition or petitions for creation of a new county must contain:

(a) a legal description of the territory proposed to be taken from the county in which the petition is circulated;

(b) a general map, on a separate page or pages, that with shaded areas or darkened boundary lines will display to prospective petition signers the general outlines of the territory described in subsection (1)(a);

(c) a statement of the assessed valuation of the proposed county as shown by the most recent assessment, inclusive of all assessed valuation;

(d) a statement of the surveyed area, in square miles, that will remain in the county or counties from which territory is taken to form the new county after the county is formed; a statement of the surveyed area in square miles that will be in the new county after formation; and a statement that the surveyed area of the territory proposed to be transferred is greater than 49 square miles;

(e) a warning that a person is subject to a $500 fine or 6 months in jail, or both, if the person purposefully:

(i) signs a name other than the person's own to the petition;

(ii) signs more than once for the same issue; or

(iii) signs when not a legally registered voter residing in the territory to be added to the proposed new county;

(f) if the proposed new county is to be formed from one existing county, or from portions of two or more existing counties, the name of the proposed new county and a request that the proposed new county be organized into a new county under the provisions of this part; and

(g) if the proposed new county is to be an existing county enlarged by territory taken from one or more other counties, a request that this territory be added to the proposed new county under the provisions of this part.

(2) Each person shall sign the person's name and address in substantially the same manner as on the person's voter registry card or the signature will not be counted.

(3) Numbered lines must be provided for signatures. Each numbered line must contain spaces for the signature, the printed last name of the signer, and the signer's address.

(4) The signatures are not required to all be appended to one paper but may be signed to several petitions, which must be similar in form. When signed, the several petitions may be fastened together and must be treated and presented as one petition.

(5) Before a petition may be circulated for signatures, a sample petition must be submitted to the county election administrator in the form in which it will be circulated for approval as to form. The county election administrator shall refer a copy of the sample petition to the county attorney, who shall review the sample petition to ensure compliance with the requirements of this part. The county attorney shall cooperate with and provide necessary services to the person who submitted the petition to ensure that an adequate and valid legal description is written for the proposed new county boundaries. If the petition is rejected as to form, the county election administrator shall within 10 days after submission of the sample send written notice to the person who submitted the petition. If the petition is approved as to form, the election administrator shall within 21 days after submission of the sample send written notice to the person who submitted the petition. After that notice, the petition may not be challenged except with regard to the number and validity of signatures appended to it.

(6) All petition signatures must be collected and filed within 120 days of the date of the notice that the petition has been approved as to form.
Mont. Code Ann. § 7-14-4737 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4737
7-14-4737 Deletion of territory from offstreet parking district
Status: in_force

7-14-4737 . Deletion of territory from offstreet parking district. If in the opinion of the governing body any portion of the territory of a district formed under 7-14-4731 is no longer benefited by the offstreet parking sites provided, the governing body may by resolution summarily delete from the district formed under 7-14-4731 any such area and may form a new district from the balance of the original district formed under 7-14-4731 .
Mont. Code Ann. § 7-13-2340 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2340
7-13-2340 Correction of erroneous property description
Status: in_force

7-13-2340 . Correction of erroneous property description. (1) As provided in this section, the board of directors of any district may correct an erroneous property description of land within the district.

(2) The board of directors shall by resolution:

(a) set forth the current property description and the proposed property description;

(b) set a date for a public hearing to be held on the proposed property description; and

(c) provide that the property description change is intended only for the purpose of correcting an erroneous land description.

(3) A copy of the resolution adopted pursuant to subsection (2) must be posted in three public places in the district and mailed to the owner or owners of record of the property described in subsection (2)(a).

(4) After hearing comments and receiving written consent by the owner or owners of the property described in subsection (2)(a) at the public hearing, the board of directors may by resolution adopt the proposed property description as the correct property description. The correct property description is effective upon filing a copy of the resolution with the county clerk and recorder of the county or counties in which the district is located.
Mont. Code Ann. § 7-7-4602 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4602
7-7-4602 Definitions
Status: in_force

7-7-4602 . Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:

(1) "Enterprise" means any work, undertaking, or project that the municipality is authorized to construct and from which the municipality derives revenue for the refinancing or the refinancing and improving of which enterprise refunding bonds are issued under this part. The enterprise includes all incidental or connected improvements, betterments, extensions, replacements, appurtenances, facilities, lands, rights in land, water rights, franchises, and structures.

(2) "Governing body" means, in the case of a city or town, the council, commission, or other body, board, officer, or officers having charge of the finances of the city or town.

(3) "Holder of bonds" or "bondholder" (or any similar term) means a person who is the bearer of any outstanding refunding bond, registered to bearer or not registered, or the registered owner of any outstanding bond that is at the time registered other than to bearer.

(4) "Improving" means reconstructing, replacing, extending, repairing, bettering, equipping, developing, or embellishing.

(5) "Law" means any act or statute (general, special, or local) of this state, including but not limited to the charter of any municipality.

(6) "Municipality" means any city or town of this state.

(7) "Refinancing" means funding, refunding, paying, or discharging, by means of refunding bonds or the proceeds received from the sale of refunding bonds, all or any part of any notes, bonds, or other obligations issued to finance or to aid in financing the acquisition, construction, or improving of an enterprise and payable solely from all or any part of the revenue of the refunding bonds, including interest on the refunding bonds in arrears or about to become due, whether or not represented by coupons or interest certificates.

(8) "Refunding bonds" means notes, bonds, certificates, or other obligations of a municipality issued pursuant to this part or pursuant to any other law as supplemented by or in conjunction with this part.

(9) "Revenue" means all fees, tolls, rates, rentals, and charges to be levied and collected in connection with an enterprise and all other income and receipts of whatever kind or character derived by the municipality from the operation of an enterprise or arising from an enterprise.
Mont. Code Ann. § 7-6-2601 — MT Code / Title 7 / Chapter 6 / Part 26 / Section 7-6-2601
7-6-2601 Details related to county warrants -- payments to state -- definition
Status: in_force

7-6-2601 . Details related to county warrants -- payments to state -- definition. (1) Warrants issued pursuant to 7-6-2202 (1) must be signed by the county clerk and the presiding officer of the board of county commissioners, except warrants drawn on the redemption fund.

(2) All warrants issued by the county clerk during each year, commencing with the first Monday in January, must be numbered consecutively. The number, date, and amount of each warrant, the name of the person to whom it is payable, and the purpose for which it is drawn must be stated on the warrant. Warrants must, at the time they are issued, be registered by the county clerk.

(3) Warrants drawn by order of the board on the county treasury for the current expenses during each year must specify the liability for which they are drawn and when the liability accrued.

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

(5) For the purposes of this part, "warrant" includes a check and an electronic funds transfer.
Mont. Code Ann. § 7-13-2276 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2276
7-13-2276 Right of initiative and referendum
Status: repealed

7-13-2276 . Right of initiative and referendum. (1) Ordinances may be passed by the qualified electors of any district organized under the provisions of this part and part 23 in accordance with the methods provided by the general laws of the state for direct legislation applicable to cities and towns.

(2) Ordinances may be repealed by the qualified electors of any district by proceeding in accordance with the methods provided by the general laws of the state for protesting against legislation by cities and towns.