Mont. Code Ann. § 7-5-2504 — MT Code / Title 7 / Chapter 5 / Part 25 / Section 7-5-2504
7-5-2504 Vacation of public sites in unincorporated places
Status: in_force

7-5-2504 . Vacation of public sites in unincorporated places. Whenever a petition signed by freeholders owning at least two-thirds of the property fronting on any street of any unincorporated townsite in this state shall be presented to the board of county commissioners of the county in which such townsite is situated praying said board to vacate any park, boulevard, or other public place bordering on said street and the adjoining property and not used for road or highway purposes, which park, boulevard, or public place has been dedicated to public use, such board shall hear said petition, and if in its judgment it appears to be for the best interests of the public that such petition be granted, it shall, by order of the board duly entered upon its minutes, declare such park, boulevard, or public place vacated. Thereupon the land included therein shall attach to and become part of the adjoining lots of said townsite, and the title thereto shall pass with conveyance of said lots.
Mont. Code Ann. § 7-15-4459 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4459
7-15-4459 Availability of housing authority findings and determinations
Status: in_force

7-15-4459 . Availability of housing authority findings and determinations. An authority shall have power to make available to such agencies, boards, or commissions as are charged with the duty of abating or requiring the correction of nuisances or like conditions or of demolishing unsafe or unsanitary structures within its territorial limits, its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety, or welfare.
Mont. Code Ann. § 7-3-4303 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4303
7-3-4303 Laws governing municipality
Status: repealed

7-3-4303 . Laws governing municipality. (1) All laws governing municipalities of like population and not inconsistent with the provisions of this part and part 44 shall apply to and govern municipalities organized under this part and part 44. All bylaws, ordinances, and resolutions lawfully passed and in force in any such municipality under its organization, not in conflict herewith, shall remain in force until altered or repealed by the commission under the provisions of this part and part 44.

(2) The powers which are conferred and the duties which are imposed upon any officer, board, or commission or department of the municipality under the laws of the state shall, if such officer, board, commission, or department is abolished by this part and part 44, be thereafter exercised and discharged by the officer, board, commission, or department upon whom are imposed corresponding functions, duties, and powers under the provisions of this part and part 44.
Mont. Code Ann. § 7-2-4735 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4735
7-2-4735 Guidelines for new boundaries of municipality
Status: in_force

7-2-4735 . Guidelines for new boundaries of municipality. In fixing new municipal boundaries, a municipal governing body shall:

(1) wherever practical, use natural topographic features such as ridgelines, streams, and creeks as boundaries; and

(2) if a street is used as a boundary, include within the municipality land on both sides of the street, with such outside boundary not extending more than 200 feet beyond the right-of-way of the street.
Mont. Code Ann. § 7-14-2305 — MT Code / Title 7 / Chapter 14 / Part 23 / Section 7-14-2305
7-14-2305 Construction of drains and ditches to preserve roads
Status: in_force

7-14-2305 . Construction of drains and ditches to preserve roads. (1) The superintendent may open or construct drains and ditches for making and preserving roads and highways, doing as little injury as may be possible to the adjoining land.

(2) Any person who stops or obstructs any drain or ditch so constructed forfeits the sum of $50, to be recovered by the superintendent or board of county commissioners in a civil action in any court of competent jurisdiction.

(3) Any person aggrieved by the act of the superintendent may make a written complaint to the board, which, if it finds the complaint valid, may pay damages out of the county road fund.
Mont. Code Ann. § 7-6-2224 — MT Code / Title 7 / Chapter 6 / Part 22 / Section 7-6-2224
7-6-2224 Long-short cash account
Status: in_force

7-6-2224 . Long-short cash account. A governing body of a county may create a cash over or short account consistent with accepted accounting practice.
Mont. Code Ann. § 7-13-2260 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2260
7-13-2260 Provision for municipalities not having mayor
Status: in_force

7-13-2260 . Provision for municipalities not having mayor. In municipalities in which there is no mayor, the duty imposed upon said officer by the provisions of this part and part 23 shall be performed by the president of the board of trustees or other chief executive of the municipality.
Mont. Code Ann. § 7-32-4136 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4136
7-32-4136 Assignment to light duty or another agency
Status: in_force

7-32-4136 . Assignment to light duty or another agency. (1) Whenever, in the opinion of the municipality and supported by a physician's opinion, the officer is able to perform specified types of light police duty, payment of the officer's partial salary amount under 7-32-4132 must be discontinued if the officer refuses to perform the light police duty when it is available and offered. The light duty must be consistent with the officer's status as a law enforcement officer.

(2) With the officer's consent, the officer may be transferred to another department or agency within the municipality.
Mont. Code Ann. § 7-3-512 — MT Code / Title 7 / Chapter 3 / Part 5 / Section 7-3-512
7-3-512 Selection of commission members
Status: in_force

7-3-512 . Selection of commission members. The commission shall be:

(1) elected at large;

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

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

(4) elected by any combination of districts, in which candidates must reside and which are apportioned by population, and at large.
Mont. Code Ann. § 7-6-2501 — MT Code / Title 7 / Chapter 6 / Part 25 / Section 7-6-2501
7-6-2501 Authorization for county mill levy
Status: in_force

7-6-2501 . Authorization for county mill levy. Subject to 15-10-420 , the board of county commissioners may levy a tax annually on the taxable property of the county for county public or governmental purposes that is necessary to defray current expenses and may levy taxes that are required to be levied by special or local statutes.
Mont. Code Ann. § 7-12-4221 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4221
7-12-4221 Creation of special improvement district revolving fund
Status: in_force

7-12-4221 . Creation of special improvement district revolving fund. The council or commission of any city or town which has heretofore created or may hereafter create any special improvement district or districts for any purpose may in its discretion create, establish, and maintain by ordinance a fund to be known and designated as the special improvement district revolving fund in order to secure prompt payment of any special improvement district bonds or sidewalk, curb, and alley approach warrants issued in payment of improvements made therein and the interest thereon as it becomes due. Nothing herein shall authorize or permit the elimination of a revolving fund until all bonds and warrants secured thereby and interest thereon have been fully paid and discharged.
Mont. Code Ann. § 7-14-4716 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4716
7-14-4716 Procedure to issue bonds
Status: in_force

7-14-4716 . Procedure to issue bonds. (1) When the governing body determines that improvement bonds are to be issued, it shall so declare in the resolution of intention for the work and shall specify the rate of interest which the bonds will bear. A description of the bonds, including the manner of repayment, shall be inserted in all notices of the proceedings required to be published or posted. A like description of the bonds shall be included in the warrant.

(2) All other proceedings for the work up to and including the approval of the assessment by the governing body and including delivery of the assessment to the contractor, demand of payment of the several assessments, and the return and record thereof shall be in all respects as provided in this part and parts 41 and 42 of chapter 12.
Mont. Code Ann. § 7-34-2133 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2133
7-34-2133 Levy of district taxes
Status: in_force

7-34-2133 . Levy of district taxes. Subject to 15-10-420 , the board of county commissioners shall, annually at the time of levying county taxes, fix and levy a tax on the taxable value of all taxable property within the hospital district clearly sufficient to raise the amount certified by the board of hospital trustees under 7-34-2132 .
Mont. Code Ann. § 7-2-6106 — MT Code / Title 7 / Chapter 2 / Part 61 / Section 7-2-6106
7-2-6106 Notification of boundary change
Status: in_force

7-2-6106 . Notification of boundary change. (1) Upon implementation of a hospital district or school district boundary change under this part, the county clerks and recorders in the affected county or counties shall notify the department of administration, the department of revenue, and the secretary of state of the boundary change.

(2) The department of revenue shall certify to the county the total taxable value within each county and each district to account for the transfer of the property.
Mont. Code Ann. § 7-12-2138 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2138
7-12-2138 Contractor's bond for successful completion of work
Status: in_force

7-12-2138 . Contractor's bond for successful completion of work. All contractors and contracting owners included shall, at the time of executing any contract for any work, execute a bond to the satisfaction and approval of the board of county commissioners, in the form and manner provided for in Title 18, chapter 2, part 2.
Mont. Code Ann. § 7-34-2415 — MT Code / Title 7 / Chapter 34 / Part 24 / Section 7-34-2415
7-34-2415 Details of bonds
Status: in_force

7-34-2415 . Details of bonds. (1) The bonds may be sold at public or private sale and bear interest at a rate or rates as provided in 17-5-102 . The bonds may be for a 40-year period.

(2) Except as otherwise provided in 7-34-2411 and 7-34-2413 through 7-34-2418 , any bonds issued pursuant to 7-34-2411 and 7-34-2413 through 7-34-2418 by a county must be payable as to principal and interest solely from revenue of the county and must state on their face the applicable limitations or restrictions regarding the source or sources from which the principal and interest are payable.
Mont. Code Ann. § 7-15-4418 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4418
7-15-4418 Interim funding of housing authority
Status: in_force

7-15-4418 . Interim funding of housing authority. In addition to the power granted in 7-15-4417 , any municipality located in whole or in part within the boundaries of a housing authority may, annually and from time to time, make donations or advances to the authority of such sums as the municipality in its discretion may determine.
Mont. Code Ann. § 7-35-2132 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2132
7-35-2132 Application for appointment of trustees of fund
Status: in_force

7-35-2132 . Application for appointment of trustees of fund. Whenever money to the amount of $100 shall have been received by such public cemetery district heretofore or hereafter formed, either from the sale of lots or from direct payments of such public cemetery district toward such a fund by lot owners, the trustees of such public cemetery district shall immediately make application to the judge of the district court of the judicial district in which the cemetery for which such trust fund exists for the appointment of a trustee or of a board of trustees of such fund.
Mont. Code Ann. § 7-3-4412 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4412
7-3-4412 Retention of existing positions
Status: in_force

7-3-4412 . Retention of existing positions. Any person in the employ of a municipality holding a position in the classified service at the time that the municipality comes under the provisions of part 43 and this part shall, unless the person's position is abolished, retain the same position until discharged, reduced, promoted, or transferred in accordance with part 43 and this part.
Mont. Code Ann. § 7-34-2501 — MT Code / Title 7 / Chapter 34 / Part 25 / Section 7-34-2501
7-34-2501 Definitions
Status: in_force

7-34-2501 . Definitions. As used in this part, the following definitions apply:

(1) "Contract" means the agreement entered into by two or more counties for the purpose of creating a joint institution.

(2) "Joint institution" means a county health care facility or boarding home for the aged constructed, purchased, leased, equipped, and operated by two or more counties pursuant to the terms of the contract creating it.
Mont. Code Ann. § 7-3-121 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-121
7-3-121 Purpose
Status: in_force

7-3-121 . Purpose. The purpose of 7-3-121 through 7-3-123 , 7-3-125 , and 7-3-141 through 7-3-161 is to provide procedures for alteration of existing forms of local government.
Mont. Code Ann. § 7-32-4157 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4157
7-32-4157 Rights of police officer
Status: in_force

7-32-4157 . Rights of police officer. The appealing police officer has the right to be present at the hearing in person and by counsel and to be heard and to give and furnish evidence in the police officer's appeal.
Mont. Code Ann. § 7-11-104 — MT Code / Title 7 / Chapter 11 / Part 1 / Section 7-11-104
7-11-104 Authorization to create interlocal agreements -- issuance of bonds for joint construction -- hiring of teacher, specialist, or superintendent
Status: in_force

7-11-104 . Authorization to create interlocal agreements -- issuance of bonds for joint construction -- hiring of teacher, specialist, or superintendent. One or more public agencies may contract with any one or more other public agencies to perform any administrative service, activity, or undertaking or to participate in the provision or maintenance of any public infrastructure facility, project, or service, including the issuance of bonds for the joint construction of a facility under 20-9-404 , the hiring of a teacher or specialist under 20-4-201 or a superintendent under 20-4-401 , or the hiring of or contracting with any other professional person licensed under Title 37, that any of the public agencies entering into the contract is authorized by law to perform. The contract must be authorized and approved by the governing body of each party to the contract. The contract must outline fully the purposes, powers, rights, obligations, and responsibilities of the contracting parties.
Mont. Code Ann. § 7-3-1206 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1206
7-3-1206 Form of ballot
Status: in_force

7-3-1206 . Form of ballot. The ballot for an election pursuant to 7-3-1205 shall present the following question:

Shall the corporate existence and government of the county of .... and of each and every city and town therein be consolidated and merged into one municipal corporation and government under the provisions of chapter 121, acts of the eighteenth legislative assembly of the state of Montana, to be known and designated as "city and county of ...."?

☐ YES.

☐ NO.
Mont. Code Ann. § 7-35-2205 — MT Code / Title 7 / Chapter 35 / Part 22 / Section 7-35-2205
7-35-2205 Veterans' cemetery
Status: in_force

7-35-2205 . Veterans' cemetery. (1) Pursuant to Article II, section 35, of the Montana constitution, a county may provide for the construction, maintenance, and administration of a veterans' cemetery, set the standards by which the cemetery must be constructed and maintained, and determine qualifications for burial in the cemetery.

(2) Subject to 15-10-420 , to fund the cemetery, the county may impose a property tax levy, accept gifts, grants, or donations, and receive allowances and collect charges authorized by state or federal law regarding burial of a veteran or a veteran's spouse.
Mont. Code Ann. § 7-4-4701 — MT Code / Title 7 / Chapter 4 / Part 47 / Section 7-4-4701
7-4-4701 Term of office for city treasurer
Status: in_force

7-4-4701 . Term of office for city treasurer. In cities of the first, second, and third classes, a city treasurer shall hold office for a term of 4 years and until the qualification of a successor.
Mont. Code Ann. § 7-1-205 — MT Code / Title 7 / Chapter 1 / Part 2 / Section 7-1-205
7-1-205 Service on more than one special purpose district board authorized in small communities -- definitions
Status: in_force

7-1-205 . Service on more than one special purpose district board authorized in small communities -- definitions. (1) In a small community a person may serve on more than one special purpose district board, regardless of whether the person is appointed or elected as provided by law.

(2) (a) A person seeking election to more than one special purpose district board may run for more than one position only if the person runs unopposed for all potential positions.

(b) If a position was unopposed at the time the person filed for the position and later becomes opposed during the course of an election campaign, the person running for more than one special purpose district board shall choose to run for one preferred special purpose district board and withdraw candidacy from all other special purpose district board positions.

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

(a) "Small community" means an area that fully encompasses more than one special purpose district and includes fewer than 500 electors, as defined in 13-1-101 .

(b) "Special purpose district" has the meaning provided in 13-1-101 .

(c) "Unopposed" means the number of candidates at the time of the election for each special purpose district board position is equal to or less than the number of positions available on each respective board.
Mont. Code Ann. § 7-13-3028 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3028
7-13-3028 Hearing and notice on tax levy for operation and maintenance
Status: in_force

7-13-3028 . Hearing and notice on tax levy for operation and maintenance. (1) Not less than 30 days prior to the date of making the levy for operation and maintenance of the system, the governing body shall hold a public hearing on the resolution.

(2) Notice clearly setting forth the subject matter of the hearing must be given by the governing body by publication as provided in 7-1-2121 .
Mont. Code Ann. § 7-13-2101 — MT Code / Title 7 / Chapter 13 / Part 21 / Section 7-13-2101
7-13-2101 Authority to permit construction of utility mains
Status: in_force

7-13-2101 . Authority to permit construction of utility mains. The board of county commissioners shall have the power and authority to grant to any person, association, or corporation the right to construct and maintain in, along, and under any public road or highway within a county, within any county easements, on or within any county-owned property, within any county utility corridor, and within any county right-of-way any pipeline for the conveyance of natural or artificial gas, water, broadband infrastructure, or any other substance for the use of any county, city, or town or its inhabitants.
Mont. Code Ann. § 7-13-2216 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2216
7-13-2216 Limitations on lawsuits challenging formation of district
Status: in_force

7-13-2216 . Limitations on lawsuits challenging formation of district. (1) A finding of the board of county commissioners in favor of the genuineness and sufficiency of the petition and notice shall be final and conclusive against all persons except the state of Montana upon suit commenced by the attorney general. Any such suit must be commenced within 1 year after the order of the board of county commissioners declaring such district organized as herein provided and not otherwise.

(2) Any proceeding wherein the validity of the incorporation of the district is denied shall be commenced within 3 months from the date of the certificate of incorporation, otherwise said incorporation and the legal existence of said district and all proceedings in respect thereto shall be held to be valid and in every respect legal and incontestable.
Mont. Code Ann. § 7-4-2803 — MT Code / Title 7 / Chapter 4 / Part 28 / Section 7-4-2803
7-4-2803 Situations involving use of other surveyors
Status: in_force

7-4-2803 . Situations involving use of other surveyors. (1) Whenever the county surveyor is interested in any land the title to which is in dispute and a survey is necessary, the court shall direct the survey to be made by some disinterested person. The appointed person is, for the purpose, authorized to administer and certify oaths. The appointed person shall return the survey, verified by affidavit annexed to the survey, and receive for the services the same fees as the county surveyor would be entitled to for similar services.

(2) Whenever the county surveyor neglects, refuses, or is incompetent to perform the duties prescribed in this part, the board of county commissioners shall employ another competent civil engineer, who is subject to the laws governing the county surveyor.
Mont. Code Ann. § 7-16-2101 — MT Code / Title 7 / Chapter 16 / Part 21 / Section 7-16-2101
7-16-2101 Construction and maintenance of county cultural, social, and recreational facilities
Status: in_force

7-16-2101 . Construction and maintenance of county cultural, social, and recreational facilities. The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to cause a civic center, a youth center, park buildings, museums, recreation centers, and any combination thereof to be erected, furnished, and maintained.
Mont. Code Ann. § 7-3-605 — MT Code / Title 7 / Chapter 3 / Part 6 / Section 7-3-605
7-3-605 Agenda and conduct of initial town meeting
Status: in_force

7-3-605 . Agenda and conduct of initial town meeting. The first agenda of the first town meeting following the adoption of this form must be established by the local study commission. At that town meeting the presiding officer of the local study commission shall preside over the election of the presiding officer of the town, after which the presiding officer of the town shall preside.
Mont. Code Ann. § 7-34-2204 — MT Code / Title 7 / Chapter 34 / Part 22 / Section 7-34-2204
7-34-2204 Use of county property and funds for health care purposes
Status: in_force

7-34-2204 . Use of county property and funds for health care purposes. (1) The board of county commissioners may, under the limitations and restrictions prescribed by law, lease county buildings, equipment, furniture, and fixtures for health care facility purposes, with full power of lessor except as limited in this section, upon the terms and conditions that the board may decide upon. The rentals received under the lease or leases must be paid into the general fund of the county.

(2) (a) A lease may not be made for a period longer than 5 years except in a case in which bonds are to be or have been issued in accordance with 7-34-2411 , in which case the lease may extend until the maturity date of the bonds sold and in which case bond payments may be made from lease receipts.

(b) The board may not enter into a lease without first having advertised in a newspaper published in the county at least once a week for 5 weeks that the health care facility or designated portion of a health care facility, including equipment if applicable, is for lease for health care purposes.

(3) Money in the county general fund may be transferred to a state agency to be used as matching funds for the receipt of federal money for health care purposes.
Mont. Code Ann. § 7-11-1007 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1007
7-11-1007 Public hearing -- resolution of intention to create special district
Status: in_force

7-11-1007 . Public hearing -- resolution of intention to create special district. (1) The governing body shall hold at least one public hearing concerning the creation of a proposed special district prior to the passage of a resolution of intention to create the special district. A resolution of intention to create a special district may be based upon a decision of the governing body as provided in 7-11-1003 (1)(a) or upon a petition that contains the required number of signatures as provided in 7-11-1003 (1)(b).

(2) The resolution must designate, consistent with the requirements of 7-11-1009 and 7-11-1024 :

(a) the proposed name of the special district;

(b) the necessity for the proposed special district;

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

(d) the general character of any proposed improvements and the proposed location for the proposed program or improvements;

(e) the maximum rate or amount of the initial proposed assessments or fees that would be imposed;

(f) the method of financing the proposed program or improvements;

(g) any requirements specifically applicable to the type of special district;

(h) whether the proposed special district would be administered by the governing body or an appointed or elected board; and

(i) the duration of the proposed special district.

(3) (a) The governing body shall publish notice of passage of the resolution of intention to create a special district as provided in 7-1-2121 and 7-1-2122 or 7-1-4127 and 7-1-4129 , as applicable. The notice must contain a notice of a hearing and the time and place where the hearing will be held.

(b) At the same time that notice is published pursuant to subsection (3)(a), the governing body shall provide a list of those properties subject to potential assessment, fees, or taxation under the creation of the proposed special district. The list may not be distributed or sold for use as a distribution list in accordance with 2-6-1017 .

(c) A copy of the notice described in subsection (3)(a) must be mailed to each owner or purchaser under contract for deed of the property included on the list referred to in subsection (3)(b) as shown by the current property tax record maintained by the department of revenue for the county.
Mont. Code Ann. § 7-2-4404 — MT Code / Title 7 / Chapter 2 / Part 44 / Section 7-2-4404
7-2-4404 Resolution of intent to annex
Status: in_force

7-2-4404 . Resolution of intent to annex. Upon receiving the request provided for in 7-2-4403 , the governing body of the municipality shall pass a resolution reciting its intention to annex the land and setting a time and place for a public hearing thereon.
Mont. Code Ann. § 7-2-2424 — MT Code / Title 7 / Chapter 2 / Part 24 / Section 7-2-2424
7-2-2424 Role of clerk of district court in new county
Status: in_force

7-2-2424 . Role of clerk of district court in new county. The clerk of the district court of the new county shall file and prepare the jury list and boxes in accordance with the general law pertaining to the duties of clerks of district court with relation to jury lists and boxes.
Mont. Code Ann. § 7-13-4536 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4536
7-13-4536 Allocation of funds upon termination of local water quality district or joint local water quality district
Status: in_force

7-13-4536 . Allocation of funds upon termination of local water quality district or joint local water quality district. (1) Except as provided in subsection (2), if a local water quality district or joint local water quality district is terminated, any funds held by the county treasurer pursuant to 7-13-4525 or 7-13-4529 must be deposited in the county general fund. In the case of a terminated joint local water quality district, any funds held by the county treasurer pursuant to 7-13-4529 must be allocated between the counties on the basis of the number of fee-assessed units located in each county.

(2) If the funds held by the county treasurer pursuant to 7-13-4525 or 7-13-4529 are derived from grants or gifts that restrict the use of those funds, the county treasurer shall return those funds to the grantor or donor.
Mont. Code Ann. § 7-7-4227 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4227
7-7-4227 Notice of election
Status: in_force

7-7-4227 . Notice of election. (1) Notice of the election must be provided in accordance with 13-1-108 .

(2) (a) The notice must state:

(i) the date when the election will be held;

(ii) the amount of bonds proposed to be issued;

(iii) the purpose of the bonds;

(iv) the term of years through which the bonds will be paid; and

(v) other information regarding the election and the proposed bonds that the board may consider proper.

(b) If the bonds that are proposed to be issued are for two or more purposes, each purpose and the amount for each purpose must be separately stated.
Mont. Code Ann. § 7-6-4035 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4035
7-6-4035 Tax levies for boards and commissions -- bond exemption
Status: in_force

7-6-4035 . Tax levies for boards and commissions -- bond exemption. (1) The proposed budget and mill levy for each board, commission, or other governing entity are subject to approval by the governing body.

(2) Except for a port authority created under Title 7, chapter 14, part 11, the taxes, revenue, or fees legally pledged for the payment of debt or for the operations of a regional resource authority are not subject to approval by the governing body.

(3) Except for judgment levies under 2-9-316 or 7-6-4015 , all tax levies are subject to 15-10-420 .
Mont. Code Ann. § 7-6-2114 — MT Code / Title 7 / Chapter 6 / Part 21 / Section 7-6-2114
7-6-2114 Inspection of treasurer's books and records
Status: in_force

7-6-2114 . Inspection of treasurer's books and records. (1) The books, accounts, and vouchers of the treasurer are at all times subject to the inspection and examination of the board of county commissioners and the grand jury.

(2) The treasurer shall permit the department of administration and county clerk or the board of county commissioners to examine the treasurer's books and count the money in the treasury when they wish to make an examination or counting.
Mont. Code Ann. § 7-15-2101 — MT Code / Title 7 / Chapter 15 / Part 21 / Section 7-15-2101
7-15-2101 Findings and policy
Status: in_force

7-15-2101 . Findings and policy. It is hereby declared that:

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

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

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

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

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

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

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

(8) the necessity for the provisions hereinafter enacted is hereby declared, as a matter of legislative determination, to be in the public interest.
Mont. Code Ann. § 7-14-1622 — MT Code / Title 7 / Chapter 14 / Part 16 / Section 7-14-1622
7-14-1622 Directors
Status: in_force

7-14-1622 . Directors. (1) The powers of an authority are vested in the directors of the authority. A majority of the directors constitutes a quorum for the purpose of conducting business of the authority and exercising its powers for all other purposes. Action may be taken by the authority upon a vote of not less than a majority of the directors present.

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

(3) A director of an authority is entitled to receive expenses, as provided in 2-18-501 through 2-18-503 , incurred in the performance of the director's duties.
Mont. Code Ann. § 7-8-2520 — MT Code / Title 7 / Chapter 8 / Part 25 / Section 7-8-2520
7-8-2520 Appraisal required for certain purchases of real property or conservation easements
Status: in_force

7-8-2520 . Appraisal required for certain purchases of real property or conservation easements. (1) Unless otherwise provided by law, a county may not purchase real property in an amount in excess of $20,000 or a conservation easement using public funds in an amount in excess of $80,000 unless the value of the property or conservation easement has been previously estimated by:

(a) a disinterested certified general real estate appraiser selected by the county commission, county attorney, and landowner; or

(b) three disinterested citizens of the county appointed by the district judge.

(2) A county may not pay more than the appraised value for the real property or conservation easement.
Mont. Code Ann. § 7-13-4512 — MT Code / Title 7 / Chapter 13 / Part 45 / Section 7-13-4512
7-13-4512 Referendum
Status: in_force

7-13-4512 . Referendum. (1) The commissioners may adopt a resolution causing a referendum to be submitted to the registered electors who reside within a proposed local water quality district to authorize the creation of the district and establish fees. The election must be conducted in accordance with Title 13, chapter 1, part 5.

(2) The referendum must state:

(a) the type and maximum rate of the initial proposed fees that would be imposed, consistent with the requirements of 7-13-4523 ;

(b) the maximum dollar amount for a family residential unit;

(c) the type of activities proposed to be financed, including a general description of the local water quality program; and

(d) a general description of the areas included in the proposed district.
Mont. Code Ann. § 7-15-4509 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4509
7-15-4509 Interim certificates
Status: in_force

7-15-4509 . Interim certificates. Pending the authorization, preparation, execution, or delivery of definitive bonds, the authority may issue interim certificates or other temporary obligations to the purchaser of such bonds. Such interim certificates or other temporary obligations shall be in such form; contain such terms, conditions, and provisions; bear such date or dates; and evidence such agreements relating to their discharge or payment or the delivery of definitive bonds as the authority may by resolution, trust indenture, or mortgage determine.
Mont. Code Ann. § 7-23-4202 — MT Code / Title 7 / Chapter 23 / Part 42 / Section 7-23-4202
7-23-4202 Adoption of cat or dog from humane society, animal shelter, or pound -- spay or neuter required -- deposit -- penalty -- exceptions
Status: in_force

7-23-4202 . Adoption of cat or dog from humane society, animal shelter, or pound -- spay or neuter required -- deposit -- penalty -- exceptions. (1) Except as provided in subsections (6) and (7), a humane society or publicly operated animal shelter or pound may not offer for adoption, sale, or trade any cat or dog that has not been redeemed by the owner unless:

(a) the animal has been spayed or neutered; or

(b) the person to whom the animal is released agrees in writing to have the animal spayed or neutered and a deposit for spaying or neutering the animal has been paid. The deposit must be in an amount determined by the humane society or publicly operated animal shelter or pound to be comparable to the lowest fee for spaying or neutering that is charged by veterinarians in the locale.

(2) Upon payment of the deposit required in subsection (1), the person who is adopting the animal must receive a certificate for spaying or neutering, to be presented to a licensed veterinarian, who shall complete the certificate when the spaying or neutering is done. Upon receipt of the completed certificate verifying that the animal has been spayed or neutered, the humane society or publicly operated animal shelter or pound shall forward the deposit to the veterinarian who performed the procedure.

(3) The deposit must be forfeited if the spaying or neutering is not done:

(a) within 30 days if the cat or dog is more than 6 months old at the time of adoption; or

(b) by the time the animal reaches the age of 6 months if the animal is less than 6 months old at the time of adoption, or within 30 days of the adoption, whichever is longer.

(4) A deposit forfeited pursuant to subsection (3) may be used only for the following purposes:

(a) a public education program designed to prevent the overpopulation of cats and dogs;

(b) a program to spay or neuter cats and dogs; and

(c) costs incurred in the enforcement of this section, including a followup program to ensure that animals adopted from or sold or traded by the humane society or publicly operated animal shelter or pound are spayed or neutered.

(5) Failure to fulfill the terms of an agreement entered into pursuant to subsection (1)(b) may, at the discretion of the county attorney, result in the filing of a misdemeanor charge punishable by a fine of not more than $500.

(6) The provisions of this section do not apply to an animal for which a licensed veterinarian verifies in writing that spaying or neutering would be injurious to the animal's health.

(7) The provisions of this section do not apply when a humane society or publicly operated animal shelter or pound, at its discretion, chooses to accept an adoption fee of not less than $50 from a person who wishes to adopt an animal for breeding purposes.
Mont. Code Ann. § 7-3-1312 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1312
7-3-1312 Collection of taxes
Status: in_force

7-3-1312 . Collection of taxes. All taxes levied by the municipality shall be collected and payable in the manner, at the time, and under the penalties prescribed by law for the collection and payment of state and county taxes.
Mont. Code Ann. § 7-2-2757 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2757
7-2-2757 Sale of acquired personal property
Status: in_force

7-2-2757 . Sale of acquired personal property. (1) Personal property having a value in excess of $100 may not be sold unless it 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 succeeding to the ownership of the property is attached, on petition of the board of county commissioners. A sale of any personal property must be made at public sale after notice and for a price not less than 90% of the appraised value.

(2) 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 any personal property, 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.
Mont. Code Ann. § 7-12-4601 — MT Code / Title 7 / Chapter 12 / Part 46 / Section 7-12-4601
7-12-4601 Authorization to create fire hydrant maintenance districts
Status: in_force

7-12-4601 . Authorization to create fire hydrant maintenance districts. Whenever the public convenience and necessity may require, one or more fire hydrant maintenance districts may be established in a city or town.
Mont. Code Ann. § 7-2-4744 — MT Code / Title 7 / Chapter 2 / Part 47 / Section 7-2-4744
7-2-4744 Appeal from district court
Status: in_force

7-2-4744 . Appeal from district court. Any party to the review proceedings, authorized under 7-2-4741 including the municipality, may appeal to the Montana supreme court from the final judgment of the district court under rules of procedure applicable in other civil cases. The appealing party may apply to the lower court for a stay in its final determination or a stay of the annexation ordinance, whichever shall be appropriate, pending the outcome of the appeal to the higher court. The lower court may, with the agreement of the municipality, permit annexation to be effective with respect to any part of the area concerning which no appeal is being made.
Mont. Code Ann. § 7-34-4101 — MT Code / Title 7 / Chapter 34 / Part 41 / Section 7-34-4101
7-34-4101 Detention hospitals
Status: in_force

7-34-4101 . Detention hospitals. In case of necessity, the city or town council has power to establish, at a suitable place within or without the limits of the city or town, a hospital to prevent the spread of smallpox or other contagious or infectious diseases, to regulate the control thereof, to do all other acts which may be necessary for the promotion of health, and to prevent the spread of infectious or contagious diseases within the city or town.
Mont. Code Ann. § 7-13-2334 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2334
7-13-2334 Plan to consolidate with municipality
Status: in_force

7-13-2334 . Plan to consolidate with municipality. (1) If more than 60% of a district's customers reside within the city limits of a municipality and the district purchases its water from the municipality, the district may initiate a consolidation plan with the municipality.

(2) The consolidation plan must:

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

(b) provide for the establishment of the service areas;

(c) outline the transfer or other disposition of property and other rights, claims, or assets of consolidation under this section;

(d) provide for the transfer, reorganization, dissolution, absorption, or other adjustment of boundaries as necessary;

(e) consider separately the disposition of the district territory within the city limits and the district territory outside of the city limits; and

(f) include any other provisions that are consistent with state law.

(3) The consolidation plan may grant the municipality the authority to transfer all rights-of-way or other entities without requiring the municipality to hold a referendum.

(4) If the district territory outside of the city limits is not consolidated into the municipal facilities under this section, the district shall:

(a) continue to operate services for the territory outside of the city limits; or

(b) request the board of county commissioners to assume the district's provision of services and financial obligations for the territory outside of the city limits.
Mont. Code Ann. § 7-4-2223 — MT Code / Title 7 / Chapter 4 / Part 22 / Section 7-4-2223
7-4-2223 Duplicate records -- safe storage of one copy
Status: in_force

7-4-2223 . Duplicate records -- safe storage of one copy. (1) Whenever any record or document is copied or reproduced as provided in 7-4-2221 , it must be made in duplicate.

(2) The custodian of the record or document shall place the master copy, the contents of the copy being first identified and indexed, in a fireproof vault or fireproof storage place. The custodian shall retain the other copy in the office with suitable equipment for reproducing the record or document for persons entitled to the record or document.
Mont. Code Ann. § 7-5-4321 — MT Code / Title 7 / Chapter 5 / Part 43 / Section 7-5-4321
7-5-4321 Grant of exclusive franchise -- election required
Status: in_force

7-5-4321 . Grant of exclusive franchise -- election required. (1) The council may not grant an exclusive franchise or special privilege to any person except in the manner specified in subsection (2). The powers of the council are only those expressly prescribed by law and those necessarily incident to the law.

(2) An exclusive franchise for any purpose, except contracts for solid waste management systems as defined in 75-10-103 , which may not exceed 10 years, may not be granted by any city or town or by the mayor or city council to any person, association, or corporation without first submitting the application for an exclusive franchise to the electors of the city at an election.

(3) The election must be conducted in accordance with 7-5-4322 and Title 13, chapter 1, part 4.

(4) If the majority of the votes cast at the election are "For granting franchise", the mayor and city council shall grant the franchise by the passage and approval of a proper ordinance.
Mont. Code Ann. § 7-14-2520 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2520
7-14-2520 Authorization of road and highway bonds
Status: in_force

7-14-2520 . Authorization of road and highway bonds. (1) A county may issue limited general obligation bonds to:

(a) finance the establishment, construction, reconstruction, improvement, maintenance, and repair of county roads;

(b) acquire rights-of-way for roads and highways; or

(c) acquire capital equipment or supplies to improve, maintain, or repair roads and highways.

(2) Bond proceeds may be used to pay the costs for the issuance and sale of the bonds.

(3) The bonds may not be issued for a term longer than 20 years. The bonds may be sold at public or private sale on terms and at prices that the county commissioners determine to be advantageous. The bonds must be authorized, sold, and issued, with provision for their payment, in accordance with the provisions of chapter 7, part 22, of this title, except as those provisions may conflict with the express provisions of this section.

(4) The bonds, except for bonds issued to refund bonds issued for the purpose described in subsection (1), must be authorized by the registered electors of the county, exclusive of the electors residing within the incorporated area of a city or town located in whole or in part within the county, in accordance with the provisions of chapter 7, part 22, of this title.

(5) The bonds issued under this section are subject to any other statutory debt limitations. Bonds may not be issued under this section in a principal amount that, with all the bonds and warrants of the county, exceeds 0.68% of the total assessed value of taxable property, determined as provided in 15-8-111 , in the county, exclusive of the total assessed value of taxable property in all incorporated cities and towns located in whole or in part within the county.

(6) Bonds issued under this section are legal and valid obligations of the county, and the full faith and credit of the county must be irrevocably pledged to the prompt payment of the principal of the bonds and interest on the bonds as they become due. Property taxes for the payment of the principal or interest may not be levied by the county against the taxable property in the incorporated area of a city or town located in whole or in part within the county.

(7) The powers conferred on a county by this section to provide financing for county roads and highways are in addition to the powers conferred by any other general, special, or local law. To the extent that the provisions of this section are inconsistent with the provisions of any other general, special, or local law, the provisions of this section are controlling. To the extent that the provisions of other general, special, or local laws apply to the acquisition of the property or the letting, undertaking, or completion of the work to be financed by bonds issued under this section, the provisions are applicable to the acquisition or work.
Mont. Code Ann. § 7-32-2235 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2235
7-32-2235 Detention center telecommunications contracts -- definition
Status: in_force

7-32-2235 . Detention center telecommunications contracts -- definition. (1) A county detention center that contracts with a telecommunications service provider to provide telecommunications services for inmates may join any telecommunications contract with the same per-minute fee as the department of corrections. A county detention center may not enter into a separate telecommunications contract unless the per-minute fee does not exceed the current rate allowed by the federal communications commission but not more than 21 cents a minute.

(2) Each week, an inmate is allowed one free telephone call, not to exceed 10 minutes, and one free video call, not to exceed 25 minutes, to the extent that video calling is offered at the detention center.

(3) An inmate telecommunications contract may not include ancillary service fees, including prepaid telephone cards, collect calls, and single pay calls that total more than 3% of the base charge.

(4) "Telecommunications service provider" has the meaning provided for "operator service provider" in 69-3-1102 .
Mont. Code Ann. § 7-5-137 — MT Code / Title 7 / Chapter 5 / Part 1 / Section 7-5-137
7-5-137 Effect of repeal or enactment of ordinance by initiative or referendum
Status: repealed

7-5-137 . Effect of repeal or enactment of ordinance by initiative or referendum. If an ordinance is repealed or enacted pursuant to a proposal initiated by the electors of a local government, the governing body may not for 2 years reenact or repeal the ordinance. If during the 2-year period the governing body enacts an ordinance similar to the one repealed pursuant to a referendum of the electors, a suit may be brought to determine whether the new ordinance is a reenactment without material change of the repealed ordinance. This section shall not prevent exercise of the initiative at any time to procure a reenactment of an ordinance repealed pursuant to referendum of the electors.
Mont. Code Ann. § 7-33-4128 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4128
7-33-4128 Minimum wages of firefighters in cities of first and second class
Status: in_force

7-33-4128 . Minimum wages of firefighters in cities of first and second class. After July 1, 1976, there shall be paid to each duly appointed and confirmed member of the fire departments of cities or towns of the first and second class of the state a minimum wage for a daily service of 8 consecutive hours of work of at least $750 per month for the first year of service and thereafter at least $750 per month plus 1% of said minimum base monthly salary for each additional year of service.
Mont. Code Ann. § 7-15-4305 — MT Code / Title 7 / Chapter 15 / Part 43 / Section 7-15-4305
7-15-4305 Validity and sufficiency of signatures on bonds
Status: in_force

7-15-4305 . Validity and sufficiency of signatures on bonds. In case any of the public officials of the local government or municipality whose signatures appear on any bonds or coupons issued under part 42 and this part cease to be officials before the delivery of the bonds, their signatures remain valid and sufficient for all purposes the same as if the officials had remained in office until delivery of the bonds.
Mont. Code Ann. § 7-7-2101 — MT Code / Title 7 / Chapter 7 / Part 21 / Section 7-7-2101
7-7-2101 Limitation on amount of county indebtedness
Status: in_force

7-7-2101 . Limitation on amount of county indebtedness. (1) A county may not issue bonds or incur other indebtedness for any purpose in an amount, including existing indebtedness, that in the aggregate exceeds 2.5% of the total assessed value of taxable property, determined as provided in 15-8-111 , within the county as ascertained by the last assessment for state and county taxes.

(2) This section does not apply to the acquisition of conservation easements as set forth in Title 76, chapter 6.
Mont. Code Ann. § 7-2-4503 — MT Code / Title 7 / Chapter 2 / Part 45 / Section 7-2-4503
7-2-4503 Restrictions on annexation power
Status: in_force

7-2-4503 . Restrictions on annexation power. Land shall not be annexed under this part whenever the land is used:

(1) for agricultural, mining, smelting, refining, transportation, or any industrial or manufacturing purpose; or

(2) for the purpose of maintaining or operating a golf or country club, an athletic field or aircraft landing field, a cemetery, or a place for public or private outdoor entertainment or any purpose incident thereto.
Mont. Code Ann. § 7-34-2138 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2138
7-34-2138 Hospital district capital replacement fund
Status: in_force

7-34-2138 . Hospital district capital replacement fund. (1) A hospital district may establish a capital replacement fund. The fund may be used only for the replacement of property, plant facilities, or equipment. The cost of such capital equipment must exceed $5,000 and have a life expectancy of 5 years or more.

(2) A capital replacement fund established under subsection (1) may not exceed 10% of the total value of the hospital's property, plant facilities, and equipment at the end of a fiscal year.
Mont. Code Ann. § 7-3-4363 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4363
7-3-4363 Powers and duties of city manager
Status: in_force

7-3-4363 . Powers and duties of city manager. (1) The powers and duties of the city manager are:

(a) to see that the laws and ordinances are enforced;

(b) to appoint and, except as provided in this part, remove all directors of departments and all subordinate officers and employees in the departments in both the classified and unclassified service;

(c) to exercise control over all the departments and divisions created in this part or that may be created by the commission;

(d) to attend all meetings of the commission, with the right to take part in the discussions but without the right to vote;

(e) to recommend to the commission for adoption measures considered necessary or expedient;

(f) to keep the commission fully advised as to the financial condition and needs of the city; and

(g) to perform other duties prescribed by part 44 or this part or required by ordinance or resolution of the commission.

(2) All appointments referred to in subsection (1)(b) must be made on merit and fitness, and in the classified service all appointments are subject to the civil service provisions of part 44 and this part.
Mont. Code Ann. § 7-13-2330 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2330
7-13-2330 Status of bonds -- tax exemption
Status: in_force

7-13-2330 . Status of bonds -- tax exemption. Any bonds issued by any district organized under the provisions of this part and part 22 are hereby given the same force, value, and use as bonds issued by any municipality and shall be exempt from all taxation within the state of Montana.
Mont. Code Ann. § 7-2-2502 — MT Code / Title 7 / Chapter 2 / Part 25 / Section 7-2-2502
7-2-2502 Petition to change county name
Status: in_force

7-2-2502 . Petition to change county name. (1) Petitions for change of names must be heard and determined by the district court of the county whose name is sought to be changed.

(2) A petition for the change of the name of any county in this state must be signed by a number of the legal voters who are taxpayers in the county equal, at least, to 25% of the whole number of votes cast for the office of governor of Montana in the county at the gubernatorial election preceding the circulation of the petition. The signatures, in each instance, must be the genuine personal signature of the voter attaching the voter's name to the petition. The petition must specify the present name of the county, the name proposed, and the reason or reasons for the change of name and must be entitled in and addressed to the appropriate district court.
Mont. Code Ann. § 7-22-2304 — MT Code / Title 7 / Chapter 22 / Part 23 / Section 7-22-2304
7-22-2304 Authority to enter private land
Status: in_force

7-22-2304 . Authority to enter private land. Any person appointed pursuant to 7-22-2301 to control insect pests may fly over or enter upon any farm, railroad right-of-way, grounds, or premises infested with such insect pests and poison, kill, catch, and exterminate the insect pests therein.
Mont. Code Ann. § 7-3-1219 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1219
7-3-1219 Organization and officers of commission
Status: in_force

7-3-1219 . Organization and officers of commission. (1) At the first meeting of the commission following the election at which the members of the commission are first elected and after that time at the commission's meeting on the first Monday in January following each general election at which members of the commission are elected, the commission shall choose one of its members as president and another as vice president.

(2) The president shall preside at meetings of the commission and shall exercise the powers and perform the duties conferred and imposed by part 13 or this part and the ordinances of the municipality. The president is the official head of the municipality for all ceremonial purposes, by the courts for serving civil processes, and by the governor for purposes of military law. In time of public danger or emergency, the president shall, if authorized by a vote of the commission, take command of the police, maintain order, and enforce the law. If a vacancy occurs in the office of president or in case of the president's absence or disability, the vice president shall act as president for the unexpired term or during the continuance of the absence or disability.

(3) The director of finance is ex officio clerk of the commission and shall, either in person or by deputy, keep the records of the commission and perform other duties that may be required by part 13 or this part or by the commission.
Mont. Code Ann. § 7-1-4150 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4150
7-1-4150 Municipal infractions -- civil offense
Status: in_force

7-1-4150 . Municipal infractions -- civil offense. (1) A municipal infraction is a civil offense punishable by a civil penalty of not more than $300 for each violation or if the infraction is a repeat offense, a civil penalty not to exceed $500 for each repeat violation.

(2) A municipality may by ordinance provide that a violation of an ordinance is a municipal infraction.

(3) (a) A municipality may by ordinance provide that a criminal offense under state law that is punishable only by a fine is a municipal infraction.

(b) Statutory surcharges must be imposed, as provided in 3-1-317 (1)(a), 3-1-318 (1), and 46-18-236 (6)(a), on municipal infractions that are criminal offenses under state law, and the amounts must be distributed as provided in those sections.

(c) A person may not be proceeded against for the same act or omission to act under both a municipal infraction ordinance and the corresponding state law criminal offense on which the municipal infraction ordinance is based.

(4) An officer who is authorized by a municipality to enforce a municipal code or regulation may issue a civil citation to a person who commits a municipal infraction. The citation may be served by personal service, by certified mail addressed to the defendant at the defendant's last-known mailing address, return receipt requested, or by publication, as provided in Rule 4(o), M.R.Civ.P. A copy of the citation must be retained by the issuing officer and one copy must be sent to the clerk of the municipal or city court. The citation must serve as notification that a municipal infraction has been committed and must contain the following information:

(a) the name and address of the defendant;

(b) the name or description of the infraction attested to by the officer issuing the citation;

(c) the location and time of the infraction;

(d) the amount of civil penalty to be assessed or the alternate relief sought, or both;

(e) the manner, location, and time in which the penalty may be paid;

(f) the time and place of court appearance; and

(g) the penalty for failure to appear in court.
Mont. Code Ann. § 7-2-2741 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2741
7-2-2741 Processing of claims against abandoned county
Status: in_force

7-2-2741 . Processing of claims against abandoned county. (1) All claims and demands against any abandoned and abolished county for salaries, services, wages, materials, and supplies; for all other current expenses; and for claims and demands accruing under contracts and for which said county was liable at the time it ceased to exist and which had not been approved and warrants issued therefor prior to the time it ceased to exist shall be presented to the board of county commissioners of the county designated in the petition for abandonment as the county to which its territory is attached and made a part. Except as provided in subsection (2), all such claims and demands shall be acted on by the board of such county, and warrants shall be issued in payment thereof in the same manner as though the same had been incurred by such county.

(2) All such warrants shall be drawn and issued against the proper funds of such abandoned and abolished county. No such claim or demand shall be approved or warrant issued in payment thereof if the amount of such claim or demand exceeds the unexpended balance of appropriation for such purpose contained in the budget of the abandoned and abolished county for the year in which the same was incurred.
Mont. Code Ann. § 7-4-4301 — MT Code / Title 7 / Chapter 4 / Part 43 / Section 7-4-4301
7-4-4301 Qualifications for mayor
Status: in_force

7-4-4301 . Qualifications for mayor. (1) A person is not eligible for the office of mayor unless the person:

(a) is at least 21 years old;

(b) has been a resident of the state for at least 3 years; and

(c) has been a resident for at least 2 years preceding the election to office of the city or town or an area that has been annexed by the city or town.

(2) The office of mayor of a city or town is considered vacant if the individual elected as mayor ceases to be a resident of the city or town.
Mont. Code Ann. § 7-12-4436 — MT Code / Title 7 / Chapter 12 / Part 44 / Section 7-12-4436
7-12-4436 Water user entities exempt from special assessments
Status: in_force

7-12-4436 . 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. § 7-13-2272 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2272
7-13-2272 Duties of board president
Status: in_force

7-13-2272 . Duties of board president. (1) The president shall sign all contracts on behalf of the district and perform other duties as may be imposed by the board of directors.

(2) The president may propose a monthly salary in excess of the amounts provided in 7-13-2273 (2) for the members of the board of directors. The proposed monthly salary must be approved by the qualified electors in the district pursuant to 7-13-2273 .
Mont. Code Ann. § 7-3-4406 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4406
7-3-4406 Organization of board
Status: in_force

7-3-4406 . Organization of board. Immediately after appointment, the board shall organize by electing one of its members presiding officer. The board shall appoint a chief examiner, who shall also act as secretary. The board may appoint other subordinates as may be provided for by appropriation.
Mont. Code Ann. § 7-12-2203 — MT Code / Title 7 / Chapter 12 / Part 22 / Section 7-12-2203
7-12-2203 Rural improvement district maintenance fund
Status: in_force

7-12-2203 . Rural improvement district maintenance fund. (1) The money collected pursuant to 7-12-2202 , shall be paid into a fund known as the special improvement district No. .... maintenance fund, the number of which shall correspond with the number of the special improvement district in which the improvements so maintained are situated.

(2) Such funds shall be used to defray the expense of maintenance of said system and for no other purpose.
Mont. Code Ann. § 7-13-3004 — MT Code / Title 7 / Chapter 13 / Part 30 / Section 7-13-3004
7-13-3004 Sufficiency of description in resolution of intention
Status: in_force

7-13-3004 . Sufficiency of description in resolution of intention. In all resolutions, notices, orders, and determinations subsequent to the resolution of intention and notice of improvements, it is sufficient to briefly describe the work or the district and to refer to the resolution of intention for further particulars.
Mont. Code Ann. § 7-35-2150 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2150
7-35-2150 Annual report -- availability
Status: in_force

7-35-2150 . Annual report -- availability. The trustee or the board of trustees of such fund shall annually on January 1 make its report of the condition of such trust fund to the trustees of the public cemetery district as hereinbefore provided. Such reports shall always be kept by the secretary of such public cemetery district and by the clerk of the district court and be open to the inspection of any person owning an interest in any lot in the cemetery cared for by such fund.
Mont. Code Ann. § 7-4-4101 — MT Code / Title 7 / Chapter 4 / Part 41 / Section 7-4-4101
7-4-4101 Officers of city of first class
Status: in_force

7-4-4101 . Officers of city of first class. (1) The officers of a city of the first class 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 , officers listed in subsection (1) must be elected by the qualified electors of the city.

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

(a) one city attorney;

(b) one city clerk;

(c) one city treasurer or finance officer or one city clerk-treasurer;

(d) one chief of police;

(e) one assessor;

(f) one street commissioner;

(g) one city jailer;

(h) one city surveyor; and

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

(4) The city council may by ordinance prescribe the duties of all city officers and fix their compensation.
Mont. Code Ann. § 7-3-191 — MT Code / Title 7 / Chapter 3 / Part 1 / Section 7-3-191
7-3-191 Publication of summary
Status: in_force

7-3-191 . Publication of summary. Each study commission shall publish once each week for 2 successive weeks in a newspaper of general circulation throughout the area of the affected local government a summary of its findings and recommendations, together with the address of a convenient public place where the text of its proposal may be obtained. The summary shall include a comparison of the existing and proposed plans of government.
Mont. Code Ann. § 7-16-4112 — MT Code / Title 7 / Chapter 16 / Part 41 / Section 7-16-4112
7-16-4112 Presentation of public band concerts
Status: in_force

7-16-4112 . Presentation of public band concerts. (1) Cities of the first, second, and third class, as defined by the laws of Montana, and incorporated towns may at their discretion provide public band concerts for the entertainment of their people and to pay therefor out of any money in a fund to be provided in accordance with the provisions of 7-16-4113 .

(2) Said band concerts and entertainment shall be given at a place or places and at a time or times to be designated by the city council; provided, however, that said band concerts shall be given not more than twice each week. No band shall be employed in connection with the giving of said band concerts except one having its headquarters in the city or town in which said band concert is given.
Mont. Code Ann. § 7-6-104 — MT Code / Title 7 / Chapter 6 / Part 1 / Section 7-6-104
7-6-104 Procedure to file agreement and collect in-lieu payments
Status: in_force

7-6-104 . Procedure to file agreement and collect in-lieu payments. (1) The board shall file duplicate copies of every agreement for payment of sums in lieu of taxes with the county clerk and county treasurer.

(2) Upon receipt of the same, the county clerk shall notify each political subdivision for and on whose behalf the agreement is executed that the same has been consummated and state the share of the payment due thereunder to which the subdivision is entitled.

(3) On or before the date on which any payment of sums in lieu of taxes is due, the county treasurer shall present a bill to the United States, in the name of the county, in the amount of such payment. The county treasurer shall give to the United States a receipt in the name of the county for all payments of sums in lieu of taxes.
Mont. Code Ann. § 7-3-317 — MT Code / Title 7 / Chapter 3 / Part 3 / Section 7-3-317
7-3-317 Size of commission and community councils
Status: in_force

7-3-317 . Size of commission and community councils. The size of the commission, which shall be a number not less than three, shall be established when the form is adopted by the voters, and:

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

(2) community councils to advise commissioners may be authorized by ordinance.
Mont. Code Ann. § 7-2-4311 — MT Code / Title 7 / Chapter 2 / Part 43 / Section 7-2-4311
7-2-4311 Annexation of contiguous land by cities or towns
Status: in_force

7-2-4311 . Annexation of contiguous land by cities or towns. Any tracts or parcels of land that have been or may be platted into lots or blocks, streets, and alleys or platted for parks, the map or plat of which is filed in the office of the county clerk and recorder of the county in which the tracts or parcels of land are situated, or any unplatted land that has been surveyed and for which a certificate of survey has been filed, as provided by law, if the platted or unplatted land is contiguous to any incorporated city or town, may be embraced within the corporate limits of the city or town, and the boundaries of the city or town may be extended to include the platted or unplatted land in the manner provided in 7-2-4312 through 7-2-4314 and 7-2-4325 .
Mont. Code Ann. § 7-4-2711 — MT Code / Title 7 / Chapter 4 / Part 27 / Section 7-4-2711
7-4-2711 County attorney to be legal adviser of county and other subdivisions
Status: in_force

7-4-2711 . County attorney to be legal adviser of county and other subdivisions. (1) The county attorney is the legal adviser of the board of county commissioners. The county attorney shall attend their meetings when required and shall attend and oppose all claims and accounts against the county that are unjust or illegal. The county attorney shall defend all suits brought against the county.

(2) The county attorney shall:

(a) give, when required and without fee, an opinion in writing to the county, district, and township officers on matters relating to the duties of their respective offices;

(b) act as counsel, without fee, for fire districts and fire service areas in unincorporated territories, towns, or villages within the county;

(c) when requested by a conservation district pursuant to 76-15-319 , act as counsel, without fee;

(d) when requested by a weed district pursuant to 7-22-2109 , act as counsel, without fee; and

(e) when requested by a county hospital board pursuant to 7-34-2115 , act as counsel, without fee, unless the legal action requested involves the county commissioners.
Mont. Code Ann. § 7-12-4247 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4247
7-12-4247 Details relating to bonds
Status: in_force

7-12-4247 . Details relating to bonds. (1) The bonds may mature at one time, not exceeding the maximum maturity of the assessments to be levied for the improvement, or may mature in installments at various times during the term of the assessments, but the bonds may not mature later than 10 years from the date of issuance.

(2) The bonds, as the council shall determine, are subject to redemption prior to maturity and may be payable at any suitable bank or trust company either within or without the state of Montana.

(3) The bonds issued under 7-12-4241 through 7-12-4258 shall be in substantially the form provided in 7-12-4201 and 7-12-4203 , as modified by the provisions of 7-12-4241 through 7-12-4258 .
Mont. Code Ann. § 7-3-1345 — MT Code / Title 7 / Chapter 3 / Part 13 / Section 7-3-1345
7-3-1345 Fire department
Status: in_force

7-3-1345 . Fire department. (1) The fire department of the municipality is in the charge of a director, who shall be chief thereof and who shall manage and control the department in the manner prescribed by the ordinances of the municipality.

(2) (a) Notwithstanding any other provision of law, the adoption of a consolidated county municipal government shall have no effect on the existence, rights, or duties of any voluntary fire department or fire district created and legally in existence pursuant to the provisions of parts 21 and 23 of chapter 33.

(b) Nothing in this part or part 12 shall be construed to prohibit the creation of voluntary fire departments or fire districts pursuant to the provisions of parts 21 and 23 of chapter 33 within consolidated county municipalities.

(c) Voluntary fire departments or fire districts within consolidated county municipalities may only be organized, created, supported, financed, dissolved, and managed and their boundaries may only be changed pursuant to the provisions of parts 21 and 23 of chapter 33. These organizations may enter mutual aid agreements as provided by 7-33-2108 .
Mont. Code Ann. § 7-3-435 — MT Code / Title 7 / Chapter 3 / Part 4 / Section 7-3-435
7-3-435 Clerk of district court
Status: in_force

7-3-435 . Clerk of district court. A clerk of district court:

(1) may be elected;

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

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

(4) may be selected as provided by ordinance;

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

(6) may not be included in this form as a separate office.
Mont. Code Ann. § 7-14-4719 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4719
7-14-4719 Presentation of list to governing body -- issuance of bonds
Status: in_force

7-14-4719 . Presentation of list to governing body -- issuance of bonds. The clerk shall present the list to the governing body at its next meeting, and the body shall thereupon by resolution direct improvement bonds to be issued to the contractor for the amount of the assessments remaining unpaid, prescribing the number and denomination of the bonds and the times when payable. The resolution shall also fix the place, if any, other than the office of the treasurer at which the bonds and the interest thereon shall be payable.
Mont. Code Ann. § 7-14-2525 — MT Code / Title 7 / Chapter 14 / Part 25 / Section 7-14-2525
7-14-2525 Refunding agreements and refunding bonds authorized
Status: in_force

7-14-2525 . Refunding agreements and refunding bonds authorized. (1) Whenever the total indebtedness of a county exceeds 2.5% of the total assessed value of taxable property, determined as provided in 15-8-111 , within the county and the board determines that the county is unable to pay the indebtedness in full, the board may:

(a) negotiate with the bondholders for an agreement under which the bondholders agree to accept less than the full amount of the bonds and the accrued unpaid interest in satisfaction of the bonds;

(b) enter into the agreement;

(c) issue refunding bonds for the amount agreed upon.

(2) These bonds may be issued in more than one series, and each series may be either amortization or serial bonds.

(3) The plan agreed upon between the board and the bondholders must be embodied in full in the resolution providing for the issuance of the bonds.
Mont. Code Ann. § 7-12-2157 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2157
7-12-2157 Status of federal property within improvement district
Status: in_force

7-12-2157 . Status of federal property within improvement district. Whenever any lot, piece, or parcel of land belonging to the United States or mandatory of the government shall front upon the proposed work or improvement or is to be included within the district declared by the board of county commissioners in its resolution of intention to be a district to be assessed to pay the cost and expenses thereof, the board shall in the resolution of intention declare that said lots, pieces, or parcels of land shall be omitted from the assessment thereto to be made to cover the cost and expenses of said work or improvement. The cost of said work or improvement in front of said lots, pieces, or parcels of land shall be paid by the county from its general fund.
Mont. Code Ann. § 7-32-4113 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4113
7-32-4113 Probationary period and confirmation of appointment
Status: in_force

7-32-4113 . Probationary period and confirmation of appointment. (1) Every applicant who has passed the examination and received the certificate referred to in 7-32-4108 must first serve for a probationary term of not more than 1 year. At any time before the end of such probationary term, the mayor, or the manager in those cities operating under the commission-manager plan, may revoke such appointment.

(2) After the end of such probationary period and within 30 days thereafter, the appointment of such applicant must be submitted to the city council or commission, and if such appointment is confirmed by the city council or commission, such applicant becomes a member of the police force and shall hold such position during good behavior unless suspended or discharged as provided by law.
Mont. Code Ann. § 7-2-2242 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2242
7-2-2242 Conduct of business by commission
Status: in_force

7-2-2242 . Conduct of business by commission. (1) The commissioners provided for in 7-2-2241 shall, within 10 days after the notice of the appointment, meet at the county seat of the new county and organize by electing from their number a presiding officer and also by electing a secretary, who may not be a member of the commission. Thereafter, the commission may meet at a place that it may select. A majority of the commissioners constitutes a quorum for the transaction of business.

(2) (a) The commission may compel by citation or subpoena, signed by its presiding officer and secretary, the attendance of persons and the production of books and papers before the commission that may be required in the performance of the duties imposed by this part, except that the official records of any county or counties from which the new county was formed may not be taken away from the county seat of the original county.

(b) It is the duty of the sheriff of any county to execute in that county all lawful orders and citations of the commission, and for the services performed, the sheriff is allowed the same fees that are allowed for services in civil actions.

(c) All witnesses attending before the commission are entitled to the same compensation and mileage that is allowed to witnesses in courts of record. A witness may not be excused from attendance at the time and place mentioned in the order or citation by reason of the failure of the officer making the service to tender to the witness fees and mileage in advance.
Mont. Code Ann. § 7-4-101 — MT Code / Title 7 / Chapter 4 / Part 1 / Section 7-4-101
7-4-101 Filing of oath of office
Status: in_force

7-4-101 . Filing of oath of office. Every oath of office, certified by the officer before whom the same was taken, must be filed within the time required by law, except when otherwise specially provided, as follows:

(1) in the office of the secretary of state for all officers whose authority is not limited to any particular county;

(2) in the office of the clerk of the respective county for all elected or appointed officers for any county, all officers whose duties are local or whose residence in any particular county is prescribed by law, and the clerks of the district courts.
Mont. Code Ann. § 7-14-1135 — MT Code / Title 7 / Chapter 14 / Part 11 / Section 7-14-1135
7-14-1135 Debt service fund
Status: in_force

7-14-1135 . Debt service fund. A port authority may create a debt service fund and accumulate therein a sum determined by the governing body, together with interest thereon, for the use, repairs, maintenance, and capital outlays of a port.
Mont. Code Ann. § 7-32-4106 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4106
7-32-4106 List of active and eligible police officers
Status: in_force

7-32-4106 . List of active and eligible police officers. (1) The city council has exclusive power to determine and limit the number of police officers and members to comprise the police force of any city, to reduce the number of the police force at any time, and to divide the police membership into two lists:

(a) one list is an active list containing the names of individuals who are to be actually employed and receive pay while employed; and

(b) one list is an eligible list containing the names of individuals who may not receive pay while not actually employed as an officer or member.

(2) Officers or members of the active list temporarily relieved from duty must become members of the eligible list without pay and must be first entitled to reinstatement on the active list in case of vacancy, according to their seniority in the service, and all others on the eligible list must be entitled to fill a vacancy in the order of their appointment.

(3) The action of the council under this section is not subject to review by any court.

(4) Officers or members may not be placed on the eligible list, except in case of temporary reduction of the police force, when the number already on the eligible list is equal to 20% of the active list.
Mont. Code Ann. § 7-2-2723 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2723
7-2-2723 Vesting of property and legal rights
Status: in_force

7-2-2723 . Vesting of property and legal rights. The county designated in the petition for the abandonment of a county as the county to which the territory of the abandoned county is to be attached, subject to the provisions of this part, shall:

(1) succeed to, have, possess, and own all other property, assets, liens, rights, remedies, and claims of every kind owned and belonging to or possessed by the abandoned county on the date that county ceases to exist; and

(2) have the right to demand, collect, and receive all money to which the abandoned county was entitled for taxes for which tax lien sales had not been held, for licenses, and for other demands remaining unpaid on the date that the abandoned county ceases to exist and to enforce in any manner authorized by law all rights, remedies, and claims.
Mont. Code Ann. § 7-13-4107 — MT Code / Title 7 / Chapter 13 / Part 41 / Section 7-13-4107
7-13-4107 Protection of private waste disposal service in municipality
Status: in_force

7-13-4107 . Protection of private waste disposal service in municipality. A municipality, as of January 1, 1979, that receives garbage and solid waste disposal services from a private motor carrier authorized by the public service commission to provide that service may not, by ordinance or otherwise, elect to provide exclusive garbage and solid waste service until the municipality first fully compensates the private motor carrier for the resulting damage to its business.
Mont. Code Ann. § 7-7-4274 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4274
7-7-4274 Closing of accounts and transfer of money to other funds
Status: in_force

7-7-4274 . Closing of accounts and transfer of money to other funds. 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, such excess amount and all amounts subsequently collected for such fund shall be transferred to the general fund of the city or town or to the sinking and interest fund of any other issue or series of bonds outstanding that the city or town council may designate.
Mont. Code Ann. § 7-7-4623 — MT Code / Title 7 / Chapter 7 / Part 46 / Section 7-7-4623
7-7-4623 Security for refunding revenue bonds
Status: in_force

7-7-4623 . Security for refunding revenue bonds. (1) The refunding bonds shall be special obligations of the municipality and shall be payable from and secured by a lien upon the revenues of the enterprise, as shall be more fully described in the resolution of the governing body authorizing the issuance of the refunding bonds. Subject to the constitution of the state of Montana and to the prior or superior rights of any person, any municipality shall have power, by resolution of its governing body, to pledge and assign for the security of the refunding bonds all or any part of the gross or the net revenues of such enterprise.

(2) (a) As additional security for any issue of refunding bonds hereunder or any part thereof, any municipality shall have power and is hereby authorized, by resolution of its governing body, to confer upon the holders of the refunding bonds all rights, powers, and remedies which said holders would be entitled to if they were the owners and had possession of the notes, bonds, or other obligations for the refinancing of which such refunding bonds shall have been issued, including but not limited to the preservation of the lien of such notes, bonds, or other obligations without extinguishment, impairment, or diminution thereof.

(b) In the event any municipality exercises the power conferred by this subsection:

(i) each refunding bond shall contain a recital to the effect that the holder thereof has been granted the additional security provided by this subsection; and

(ii) each note, bond, certificate, or other obligation of the municipality to be refinanced by any such refunding bonds shall be kept intact and shall not be canceled or destroyed until the refunding bonds and interest thereon have been finally paid and discharged but shall be stamped with a legend to the effect that such note, bond, certificate, or other obligation has been refunded pursuant to the Revenue Bond Refinancing Act of 1937.

(3) All refunding bonds of the same issue shall be equally and ratably secured, without priority by reason of number or date of bond, of sale, of execution, or of delivery, by a lien upon the revenues of the enterprise in accordance with the provisions of this section and the resolution authorizing the issuance of such refunding bonds.
Mont. Code Ann. § 7-15-4280 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4280
7-15-4280 Resolution of necessity required for targeted economic development district
Status: in_force

7-15-4280 . Resolution of necessity required for targeted economic development district. A local government may not exercise the powers provided in part 43 or this part unless it has adopted a resolution of necessity finding that:

(1) one or more infrastructure-deficient areas exist in the local government; and

(2) the infrastructure improvement of the area is necessary for the welfare of the residents of the local government.
Mont. Code Ann. § 7-7-2312 — MT Code / Title 7 / Chapter 7 / Part 23 / Section 7-7-2312
7-7-2312 Disposition of proceeds of refunding bonds
Status: in_force

7-7-2312 . 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 county treasurer to apply the proceeds derived from the sale of such bonds to the payment of such warrants or bonds to be so funded or refunded.
Mont. Code Ann. § 7-14-2622 — MT Code / Title 7 / Chapter 14 / Part 26 / Section 7-14-2622
7-14-2622 Recognition of county road route by district court
Status: in_force

7-14-2622 . Recognition of county road route by district court. (1) The county commission or a directly affected person, if the person has appeared before a regular meeting of the county commission to notify the commission of the person's intent, may request that a district court recognize a route of a county road that is maintained by the county and used by the public as the legal route if any of the following conditions exist:

(a) there is doubt about the legal establishment or evidence of establishment of the county road;

(b) the location of the county road cannot be accurately determined because of:

(i) numerous alterations to the road;

(ii) a defective survey of the road or adjacent property; or

(iii) loss or destruction of the original survey of the road; or

(c) the road as traveled and used for 10 years or more does not conform to the location of the road as described in county records.

(2) The county commission or the directly affected person requesting recognition of a route shall provide to the court:

(a) the reason for the request and the condition that exists;

(b) the location of the portion of the road that is the subject of the request;

(c) any maps or historical use information that may assist the court in determining whether or not to recognize a route; and

(d) any other information requested by the court.

(3) Upon receipt of a request and consideration of the information provided and any other information that the court considers appropriate, the court may, subject to subsection (4), recognize a route of a county road as the legal route. The route as recognized by the court is considered to be a county road.

(4) The court shall provide notice and the opportunity for a public hearing to affected landowners, the county commission, and directly affected persons before recognizing or declining to recognize a route of a county road as the legal route.

(5) This section does not apply to county roads established by prescriptive easement.
Mont. Code Ann. § 7-5-4322 — MT Code / Title 7 / Chapter 5 / Part 43 / Section 7-5-4322
7-5-4322 Election notice -- ballot form
Status: in_force

7-5-4322 . Election notice -- ballot form. (1) Notice of the election must be provided in accordance with 13-1-108 . The notice must state the time and place of holding the election, the character of any franchise applied for, and the valuable consideration, if there is any, to be derived by the city.

(2) At the election, the ballots must contain the words "For granting franchise" and "Against granting franchise".
Mont. Code Ann. § 7-34-2162 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2162
7-34-2162 Hearing on petition for dissolution -- notice
Status: in_force

7-34-2162 . Hearing on petition for dissolution -- notice. Upon the filing of the petition, the board of county commissioners shall set a time for hearing the petition and shall publish a notice of the hearing as provided in 7-1-2121 .
Mont. Code Ann. § 7-2-2209 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2209
7-2-2209 Hearing and notice on petition
Status: in_force

7-2-2209 . Hearing and notice on petition. (1) Upon the filing of the petition and affidavit with the clerk of the board of county commissioners, the clerk shall fix a date to hear the petition and any opponents to the petition. The date must be not later than 30 days after the filing of the petition with the clerk of the board.

(2) The county clerk shall also publish a notice as provided in 7-1-2121 in the old counties and also within the boundaries of the proposed new county. The notice must be published in substantially the following form:

NOTICE

Notice is hereby given that a petition has been presented to the board of county commissioners of .... County (naming the county represented by the board of county commissioners with which the petition was filed), requesting the formation of a new county out of portions of .... County and .... County (naming the county or counties of which it is proposed to form the new county), and that the petition will be heard by the board of county commissioners at its place of meeting (designating the city or town and the day and hour of the meeting), when and where all persons interested may appear and oppose the granting of the petition and make any objections to the petition.

Dated .... at ...., Montana ....., County Clerk
Mont. Code Ann. § 7-3-1230 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1230
7-3-1230 Petition for referendum
Status: repealed

7-3-1230 . Petition for referendum. (1) The electors shall have power to approve or reject at the polls any ordinance passed by the commission except an ordinance making a tax levy or an emergency measure, such power being known as the referendum. Ordinances submitted to the commission and passed by the commission without change or passed in an amended form and not required by the committee of the petitioners to be submitted to a vote of the electors shall be subject to the referendum in the same manner as other ordinances.

(2) If, within 30 days after the final passage of an ordinance, a petition signed by 10% of the qualified electors whose names appear on the register of voters on the date when such petition is filed shall be filed with the clerk requesting that the ordinance or any specified part thereof be either repealed or submitted to a vote of the electors, it shall not become operative until the steps indicated herein have been taken. Referendum petitions shall contain the text of the ordinance or part thereof, the repeal of which is sought.
Mont. Code Ann. § 7-6-2605 — MT Code / Title 7 / Chapter 6 / Part 26 / Section 7-6-2605
7-6-2605 Call for payment of warrants drawing interest
Status: in_force

7-6-2605 . Call for payment of warrants drawing interest. (1) When there is sufficient money to pay the warrants drawing interest, the treasurer shall give notice as provided in 7-1-2121 that the warrants are able to be paid.

(2) In advertising warrants under the provisions of this section in any newspaper, the treasurer may not publish the warrants in detail but shall give notice only that county warrants presented for payment prior to a date stated in the notice are payable. When only a part of the warrants presented for payment on the same day are payable, the treasurer shall designate the payable warrants in the advertisement.

(3) The warrants cease to draw interest from the first publication or posting of the notice.

(4) (a) If the warrants are not re-presented for payment within 60 days from the time the notice is given, the fund set aside for the payment of the warrants must be applied by the treasurer to the payment of unpaid warrants in order of registry.

(b) The board of county commissioners may, on application and presentation of warrants, properly endorsed, which have been advertised, pass an order directing the treasurer to pay the warrants out of any money in the treasury that is not otherwise appropriated.
Mont. Code Ann. § 7-22-2142 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2142
7-22-2142 Sources of money for noxious weed fund
Status: in_force

7-22-2142 . Sources of money for noxious weed fund. (1) The commissioners may provide sufficient money in the noxious weed fund for the board to fulfill its duties, as specified in 7-22-2109 , by:

(a) appropriating money from any source in an amount not less than $100,000 or an amount equivalent to 1.6 mills levied on the taxable value of all property; and

(b) subject to 15-10-420 and at any time fixed by law for levy and assessment of taxes, levying a tax of not less than 1.6 mills on the taxable value of all taxable property in the county. The tax levied under this subsection must be identified on the assessment as the tax that will be used for noxious weed control.

(2) The proceeds of the noxious weed control tax or other contribution must be used solely for the purpose of managing noxious weeds in the county and must be deposited in the noxious weed fund.

(3) Any proceeds from work or herbicide sales must revert to the noxious weed fund and must be available for reuse within that fiscal year or any subsequent year.

(4) The commissioners may accept any private, state, or federal gifts, grants, contracts, or other funds to aid in the management of noxious weeds within the district. These funds must be placed in the noxious weed fund.

(5) Subject to 15-10-420 , the commissioners may impose a tax for weed control within a special management zone as provided in 7-22-2121 (4). For the purposes of imposing the tax, the special management zone boundaries must be established by the board and approved by a majority of the voters within the special management zone. Pursuant to an election held in accordance with 15-10-425 , the amount of the tax must be approved by a majority of the voters within the special management zone, and approval of the zone and the tax may occur simultaneously. Revenue received from a special management zone tax must be spent on weed management projects within the boundaries of the special management zone.
Mont. Code Ann. § 7-15-4436 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4436
7-15-4436 Removal of commissioners
Status: in_force

7-15-4436 . Removal of commissioners. The mayor may remove a commissioner for inefficiency or neglect of duty or misconduct in office, but only after the commissioner has been given a copy of the charges, which may be made by the mayor, at least 10 days prior to the hearing on the charges and has had an opportunity to be heard in person or by counsel.
Mont. Code Ann. § 7-16-4223 — MT Code / Title 7 / Chapter 16 / Part 42 / Section 7-16-4223
7-16-4223 Leasing of municipal land for nonpark purposes
Status: in_force

7-16-4223 . Leasing of municipal land for nonpark purposes. The board of park commissioners shall have the power and be charged with the duty to lease all lands owned by the city heretofore acquired for parks, whether within or without the city, which, in the judgment of the board, it shall not be advisable to improve as parks, upon such terms and conditions as the board shall deem to be for the best interests of the city. Such lands shall not be leased for a longer term at any one time than 5 years and not for a longer time than 1 year without the concurrence of two-thirds of the entire board of park commissioners.
Mont. Code Ann. § 7-10-201 — MT Code / Title 7 / Chapter 10 / Part 2 / Section 7-10-201
7-10-201 Regional resource authority projects -- definition
Status: in_force

7-10-201 . Regional resource authority projects -- definition. (1) A regional resource authority may:

(a) construct, reconstruct, improve, or extend any project within the boundaries of the regional resource authority or partially within or partially outside of the boundaries, and acquire by gift, purchase, or the exercise of the right of eminent domain pursuant to Title 70, chapter 30, any project and land or rights in land or water rights in connection with the project;

(b) operate and maintain any project and furnish the service, facilities, and commodities of the project for its own use and for the use of public and private consumers within or outside of the boundaries of the regional resource authority; and

(c) prescribe and collect rates, fees, and charges for the services, facilities, and commodities furnished by the project.

(2) The project may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended and bonds may be issued under this part for those purposes.

(3) As used in this part, "project" means one or a combination of water systems, together with all parts of the systems and appurtenances to the systems, including but not limited to supply and distribution systems, reservoirs, dams, and treatment and disposal works.
Mont. Code Ann. § 7-3-4407 — MT Code / Title 7 / Chapter 3 / Part 44 / Section 7-3-4407
7-3-4407 Classification of civil service
Status: in_force

7-3-4407 . Classification of civil service. (1) The civil service of a municipality is hereby divided into the unclassified and the classified service.

(2) The unclassified service shall include:

(a) all officers elected by the people;

(b) the city manager;

(c) the heads of departments and heads of divisions of departments and members of appointive boards;

(d) the deputies and secretaries of the city manager and one assistant or deputy and one secretary for each department and the clerk of the commission.

(3) (a) The classified service shall comprise all positions not specifically included in this section in the unclassified service. There shall be in the classified service three classes, to be known as the competitive class, the noncompetitive class, and the labor class.

(b) The competitive class shall include all positions and employment for which it is practicable to determine the merit and fitness of applicants by competitive examination.

(c) The noncompetitive class shall consist of all positions and employment requiring peculiar and exceptional qualifications of a scientific, managerial, professional, or educational character. No competitive examinations will be given for these positions, but the past achievements of the applicant will be considered.

(d) The labor class shall include ordinary unskilled labor which is employed by the year.
Mont. Code Ann. § 7-7-4304 — MT Code / Title 7 / Chapter 7 / Part 43 / Section 7-7-4304
7-7-4304 Interest rate on refunding general obligation bonds
Status: in_force

7-7-4304 . Interest rate on refunding general obligation bonds. (1) Except as provided in subsection (2), refunding bonds may not be issued unless the refunding bonds bear interest at a rate of at least 1/2 of 1% less than the interest rate of the outstanding bonds to be refunded. In determining whether the refunding bonds satisfy the savings requirements provided for in this section:

(a) if the bonds proposed to be refunded bear interest at a variable rate, the average annual interest rate on the bonds being refunded must be calculated by reference to the interest rate on the bonds currently in effect and over the immediately preceding 5 complete fiscal years of the issuer; or

(b) if the variable rate bonds being refunded have not been outstanding for the period of time referred to in subsection (1)(a), the average annual interest rate on the bonds being refunded must be calculated by reference to the interest rate on the bonds being refunded currently in effect and over the total number of complete fiscal years of the issuer since the date of issuance of the bonds.

(2) Refunding bonds may bear interest in excess of the rate on the bonds being refunded if the issuance of the refunding bonds, including the total costs of refunding the bonds, results in a reduction of total debt service cost to the city or town. Variable rate refunding bonds may also be issued if the governing body determines that the issuance of variable rate refunding bonds is reasonably expected to result in less interest payable on the refunding bonds than the interest payable on the refunded bonds.

(3) Refunding bonds may be issued in a principal amount greater than the principal amount of the outstanding bonds if there is a reduction of total debt service cost to the county.
Mont. Code Ann. § 7-33-1904 — MT Code / Title 7 / Chapter 33 / Part 19 / Section 7-33-1904
7-33-1904 Tobacco use provisions prohibited in collective bargaining
Status: in_force

7-33-1904 . Tobacco use provisions prohibited in collective bargaining. (1) Except as provided in subsection (2), collective bargaining agreements between an employer and paid firefighters may not include provisions allowing tobacco use.

(2) Collective bargaining agreements enacted before May 7, 2019, are exempt from the provisions of subsection (1).
Mont. Code Ann. § 7-12-4250 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4250
7-12-4250 Obligations of municipalities to bondholders
Status: in_force

7-12-4250 . Obligations of municipalities to bondholders. All agreements, conditions, covenants, or restrictions in the ordinance creating the supplemental revolving fund, in the resolution determining that the improvement is of a character for which bonds may be issued under 7-12-4241 through 7-12-4258 , and in the resolution authorizing the issuance of bonds shall be binding upon the city or town and may not be thereafter altered or amended to the detriment of the rights of any bondholder so long as any of such bonds are outstanding.
Mont. Code Ann. § 7-16-2322 — MT Code / Title 7 / Chapter 16 / Part 23 / Section 7-16-2322
7-16-2322 Rules and ordinances to implement part
Status: in_force

7-16-2322 . Rules and ordinances to implement part. (1) (a) A county park board, in addition to powers and duties now given under law, has the following powers and duties:

(i) to make rules necessary or convenient to protect and promote the improvement of land and facilities under the care and control of the board and for the protection of birds and animals inhabiting or frequenting land and facilities in parks and public places;

(ii) to make rules for the use of land and facilities by the public; and

(iii) to provide penalties for the violation of the rules.

(b) The rules authorized by subsection (1) have the force of resolutions of the county commissioners.

(2) The county governing body, by the adoption of an ordinance in substantial compliance with the provisions of 7-5-103 through 7-5-107 , may:

(a) provide that violations of specific rules adopted pursuant to subsection (1) constitute criminal offenses and are punishable as provided in 7-5-109 ; and

(b) authorize a county park board to employ a county park warden to enforce park rules and ordinances. A county park warden is not a peace officer, as defined in 46-1-202 . The law enforcement powers of a park warden are limited to issuing citations charging violations of park ordinances and rules.
Mont. Code Ann. § 7-6-4032 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4032
7-6-4032 Emergency expenditures
Status: in_force

7-6-4032 . Emergency expenditures. (1) Emergency budget appropriations must be adopted by two-thirds of the members of a governing body who are present at a meeting.

(2) Emergency expenditures are limited to and must be charged to the adopted emergency budget appropriations.

(3) The governing body may submit the question of funding emergency warrants at an election as provided by law.
Mont. Code Ann. § 7-7-4211 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4211
7-7-4211 Citizen bonds authorized
Status: in_force

7-7-4211 . Citizen bonds authorized. (1) A city or town authorized to sell general obligation bonds under this chapter may issue and sell any portion of the bond in denominations of less than $5,000 by:

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

(b) private sale.

(2) Citizen bonds may be issued for any purpose for which a city or town may issue general obligation bonds.

(3) Bonds issued under 7-7-4211 through 7-7-4213 may be known as "citizen bonds".

(4) An officer, employee, contracted financial consultant, or contracted advisor employed or retained by a city or town selling citizen bonds may not purchase those bonds.
Mont. Code Ann. § 7-2-4506 — MT Code / Title 7 / Chapter 2 / Part 45 / Section 7-2-4506
7-2-4506 Provision of services
Status: in_force

7-2-4506 . Provision of services. In all cases of annexation under current Montana law, services must be provided according to a plan provided by the municipality as specified in 7-2-4732 , except:

(1) as provided in 7-2-4736 ; and

(2) in first-class cities, when otherwise mutually agreed upon by the municipality and the real property owners of the area to be annexed.
Mont. Code Ann. § 7-7-4429 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4429
7-7-4429 Remedies
Status: in_force

7-7-4429 . Remedies. The provisions of this part and any such resolution or resolutions shall be enforceable by any bondholder in any court of competent jurisdiction by mandamus or other appropriate suit, action, or proceeding.
Mont. Code Ann. § 7-4-4305 — MT Code / Title 7 / Chapter 4 / Part 43 / Section 7-4-4305
7-4-4305 Power to grant pardons
Status: in_force

7-4-4305 . Power to grant pardons. The mayor has power to grant pardons and remit fines and forfeitures for offenses against city or town ordinances when in the mayor's judgment public justice would be thereby subserved. The mayor must report all pardons granted, with the reasons therefor, to the next council.
Mont. Code Ann. § 7-3-4369 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4369
7-3-4369 Appropriation of property for public or municipal purposes
Status: in_force

7-3-4369 . Appropriation of property for public or municipal purposes. Property within the corporate limits of the municipality may be appropriated for any public or municipal purpose, and to the full extent of the authority granted by the constitution of the state, such appropriation shall be made as herein provided. By such appropriation, the municipality may acquire a fee simple title or any less estate, easement, or use. Appropriations of property outside of the corporate limits of the municipality shall be made according to the requirements of and as provided by general law.
Mont. Code Ann. § 7-7-4256 — MT Code / Title 7 / Chapter 7 / Part 42 / Section 7-7-4256
7-7-4256 Printing of bonds
Status: in_force

7-7-4256 . Printing of bonds. (1) Except as provided in subsection (2), the city or town clerk, under the direction of the council, shall cause the bonds, with coupons attached, to be printed or lithographed at the expense of the city or town at lowest commercial rates.

(2) A purchaser of the bonds may furnish the bonds to the city or town, in the form prescribed by the council, for execution, if furnished at the purchaser's own expense and without cost or expense to the city or town.
Mont. Code Ann. § 7-15-4454 — MT Code / Title 7 / Chapter 15 / Part 44 / Section 7-15-4454
7-15-4454 General powers related to housing programs
Status: in_force

7-15-4454 . General powers related to housing programs. An authority shall have power to:

(1) determine where unsafe or unsanitary dwelling or housing conditions exist;

(2) study and make recommendations concerning the plan of any city or municipality located within its boundaries in relation to the problem of clearing, replanning, and reconstruction of areas in which unsafe or unsanitary dwelling or housing conditions exist and the providing of dwelling accommodations for persons of low income and to cooperate with any city, municipal, or regional planning agency;

(3) prepare, carry out, and operate housing projects;

(4) provide for the construction, reconstruction, improvement, alteration, or repair of any housing project or any part thereof;

(5) take over by purchase, lease, or otherwise any housing project located within its boundaries undertaken by any government;

(6) act as agent for the federal government in connection with the acquisition, construction, operation, and/or management of a housing project or any part thereof;

(7) arrange with any city or municipality located in whole or in part within its boundaries or with a government for the furnishing, planning, replanning, installing, opening, or closing of streets, options, or property rights or for the furnishing of property or services in connection with a project;

(8) lease or rent any of the dwelling or other accommodations or any of the lands, buildings, structures, or facilities embraced in any housing project and to establish and revise the rents or charges therefor.
Mont. Code Ann. § 7-16-4228 — MT Code / Title 7 / Chapter 16 / Part 42 / Section 7-16-4228
7-16-4228 Disbursement of money
Status: in_force

7-16-4228 . Disbursement of money. (1) Except as provided in subsection (2), all money paid out by the park commissioners under the provisions of this part must be by warrant drawn upon the city treasury, which must be signed by the city clerk and countersigned by the president or, in the president's absence, by the vice president of the board of park commissioners.

(2) A city may elect to have all warrants signed by the city clerk and countersigned by the mayor or city manager.
Mont. Code Ann. § 7-1-4112 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4112
7-1-4112 Exceptions from classification system
Status: in_force

7-1-4112 . Exceptions from classification system. Notwithstanding the provisions of 7-1-4111 :

(1) every municipal corporation having a population of more than 9,000 and less than 10,000 may, by resolution adopted by the city council pursuant to 7-1-4114 through 7-1-4118 , be either a first-class city or a second-class city;

(2) every municipal corporation having a population of more than 5,000 and less than 7,500 may, by resolution adopted by the city council pursuant to 7-1-4114 through 7-1-4118 , be either a second-class city or a third-class city; and

(3) every municipal corporation having a population of more than 1,000 and less than 2,500 may, by resolution adopted by the city or town council pursuant to 7-1-4114 through 7-1-4118 , be either a city or town.
Mont. Code Ann. § 7-4-2618 — MT Code / Title 7 / Chapter 4 / Part 26 / Section 7-4-2618
7-4-2618 Addresses required to record certain documents
Status: in_force

7-4-2618 . Addresses required to record certain documents. The county clerk shall not receive for recording any deed, mortgage, or assignment of mortgage unless the post-office address of the grantee, mortgagee, or assignee of the mortgagee, as the case may be, is contained therein. This requirement shall not affect the validity of the record of any instrument which has been or may be recorded.
Mont. Code Ann. § 7-35-2145 — MT Code / Title 7 / Chapter 35 / Part 21 / Section 7-35-2145
7-35-2145 Vesting of powers and duties in new trustees
Status: in_force

7-35-2145 . Vesting of powers and duties in new trustees. In case of the death, resignation, disability, or removal of any one or more of the trustees of such fund, all the rights, titles, powers, authorities, franchises, and trusts whatsoever existing in such trustee at the time of such death, resignation, disability, or removal shall at once, without further act or conveyance, vest in the survivor or survivors until the vacancy or vacancies so occasioned shall be filled, when the same shall in the same manner vest in the board as so reconstituted. All newly appointed trustees shall at once, upon qualification, succeed to an equal share in all the rights, titles, powers, authorities, franchises, and trusts belonging to such board; and the same shall always be vested in the members of such board as actually constituted.
Mont. Code Ann. § 7-12-2141 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2141
7-12-2141 Protest procedures for property created as condominium
Status: in_force

7-12-2141 . Protest procedures for property created as condominium. (1) Whenever property created as a condominium is included within the boundaries of a proposed district and the proposed work or the creation of the district relates to or affects property created as a condominium, and not solely a certain unit in the condominium, the owner of the property created as a condominium that is entitled to protest under this part is collectively the owners of all units having an undivided ownership interest in the common elements of the condominium.

(2) An owner of property created as a condominium may protest against the proposed work or against the extent or creation of the district to be assessed, or both, only through a president, vice president, secretary, or treasurer of the condominium owners' association who timely presents to the county clerk in accordance with 7-12-2109 :

(a) a writing identifying the condominium property;

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

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

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

(3) Each holder of title to a unit in a condominium that is within a proposed district is entitled to notice of the passage of the resolution of intention as provided in this part, and if the district is created and assessments levied, assessments must be levied against the units in the condominium as provided in this part.
Mont. Code Ann. § 7-12-4310 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4310
7-12-4310 Role of city clerk
Status: in_force

7-12-4310 . Role of city clerk. It shall be the duty of the city clerk to prepare all necessary schedules and resolutions levying taxes and assessments in such special improvement districts.
Mont. Code Ann. § 7-3-4222 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4222
7-3-4222 Adoption of ordinances -- petition to protest -- election
Status: repealed

7-3-4222 . Adoption of ordinances -- petition to protest -- election. (1) Each ordinance or resolution appropriating money, ordering any street or sewer improvement, making or authorizing the making of any contract, or granting any franchise or right to occupy or use the streets, highways, bridges, or public places in the city for any purpose must be complete in the form in which it is finally passed and remain on file with the city clerk for public inspection at least 1 week before the final passage or adoption of the ordinance or resolution.

(2) An ordinance passed by the council, except when otherwise required by the general laws of this state or the provisions of this part and except an ordinance for the immediate preservation of the public peace, health, or safety that contains a statement of its urgency and is passed by a two-thirds vote of the council, may not go into effect before 10 days from the time of its final passage. If during the 10-day period a petition protesting against the ordinance and signed by at least 25% of the qualified electors of the city registered for the last preceding general city election is presented to the council, the ordinance is suspended from going into operation and the council shall reconsider the ordinance. If the ordinance is not entirely repealed, the council shall submit the ordinance to the vote of the electors of the city in an election conducted in accordance with Title 13, chapter 1, part 4. The ordinance may not go into effect or become operative unless a majority of the electors voting on the ordinance vote in favor of its adoption.
Mont. Code Ann. § 7-10-206 — MT Code / Title 7 / Chapter 10 / Part 2 / Section 7-10-206
7-10-206 Determination of cost
Status: in_force

7-10-206 . Determination of cost. The governing body of a regional resource authority, in determining the cost for purposes of 7-10-205 , may include:

(1) all costs and estimated costs of the issuance of revenue bonds, including a permissible underwriter's discount, if any;

(2) all engineering, inspection, fiscal, and legal expenses; and

(3) interest estimated to accrue during the construction period and for 6 months after construction on money borrowed or on money that it is estimated will be borrowed pursuant to this part.
Mont. Code Ann. § 7-3-304 — MT Code / Title 7 / Chapter 3 / Part 3 / Section 7-3-304
7-3-304 Duties of manager
Status: in_force

7-3-304 . Duties of manager. The manager shall:

(1) enforce laws, ordinances, and resolutions;

(2) perform the duties required by law, ordinance, or resolution;

(3) administer the affairs of the local government;

(4) direct, supervise, and administer all departments, agencies, and offices of the local government unit except as otherwise provided by law or ordinance;

(5) carry out policies established by the commission;

(6) prepare and publish the commission agenda pursuant to 2-3-103 ;

(7) recommend measures to the commission;

(8) report to the commission on the affairs and financial condition of the local government;

(9) execute bonds, notes, contracts, and written obligations of the commission, subject to the approval of the commission;

(10) report to the commission as the commission may require;

(11) attend commission meetings and may take part in the discussion but may not vote;

(12) prepare and present the budget to the commission for its approval and execute the budget adopted by the commission;

(13) appoint, suspend, and remove all employees of the local government except as otherwise provided by law or ordinance;

(14) appoint members of temporary advisory committees established by the manager.
Mont. Code Ann. § 7-4-2103 — MT Code / Title 7 / Chapter 4 / Part 21 / Section 7-4-2103
7-4-2103 Filing of certificate designating districts
Status: in_force

7-4-2103 . Filing of certificate designating districts. When such division of commissioner districts has been made, there shall be filed in the office of the county clerk and recorder of such county a certificate designating the metes and bounds of the boundary lines and limits of each commissioner district. The certificate shall be dated and signed by the district court judge or judges of the county.
Mont. Code Ann. § 7-2-4201 — MT Code / Title 7 / Chapter 2 / Part 42 / Section 7-2-4201
7-2-4201 Additions to municipalities
Status: in_force

7-2-4201 . Additions to municipalities. Whenever territory adjoining any incorporated city or town is surveyed and laid off into streets or blocks as an addition thereto, said territory may become a part of such city or town:

(1) upon filing the map or plat thereof in the office of the county clerk; and

(2) upon the approval of the mayor and a majority of the council endorsed thereon.
Mont. Code Ann. § 7-14-4711 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4711
7-14-4711 Authorization for improvement districts for pedestrian malls, offstreet parking, parkings, and parkways
Status: in_force

7-14-4711 . Authorization for improvement districts for pedestrian malls, offstreet parking, parkings, and parkways. (1) An improvement district may be formed for the sole purpose of operating, maintaining, repairing, and improving pedestrian malls, offstreet parking facilities, and parkings and parkways.

(2) Subject to the powers granted and the limitations contained in this part, the powers and duties of the municipality and the procedure to be followed are as provided in parts 41 through 44 of chapter 12 for other types of special improvement districts.
Mont. Code Ann. § 7-32-211 — MT Code / Title 7 / Chapter 32 / Part 2 / Section 7-32-211
7-32-211 Reserve officers authorized
Status: in_force

7-32-211 . Reserve officers authorized. A local government may authorize reserve officers. A person who meets minimum standards for appointment as a peace officer may be appointed as a reserve officer.
Mont. Code Ann. § 7-16-4113 — MT Code / Title 7 / Chapter 16 / Part 41 / Section 7-16-4113
7-16-4113 Tax levy for band concerts
Status: in_force

7-16-4113 . Tax levy for band concerts. Subject to 15-10-420 and for the purpose of providing band concerts, the council or other governing body in any city of the first, second, or third class or of any incorporated town may assess and levy, in addition to the levy for general municipal or administrative purposes, a tax on the taxable value of all taxable property of the city or town.
Mont. Code Ann. § 7-5-2142 — MT Code / Title 7 / Chapter 5 / Part 21 / Section 7-5-2142
7-5-2142 Membership in associations of clerk and recorders
Status: in_force

7-5-2142 . Membership in associations of clerk and recorders. (1) The county clerk and recorders of the counties of Montana may take out county membership in and cooperate with associations and organizations of county clerk and recorders of this state and of other states for the furtherance of good government and the protection of county interests.

(2) All county clerk and recorders of the state are allowed actual transportation expenses and per diem for attendance at any general meeting of the Montana association of county clerk and recorders held within the state, and the proportionate expenses and charges against each county as a member of the association must be paid by the county.
Mont. Code Ann. § 7-33-4205 — MT Code / Title 7 / Chapter 33 / Part 42 / Section 7-33-4205
7-33-4205 Regulation of explosives and inflammable materials
Status: in_force

7-33-4205 . Regulation of explosives and inflammable materials. Except as provided in 50-61-120 , the city or town council has power to regulate and prevent the storage or handling of gunpowder, giant powder, nitroglycerine, other inflammable explosives or materials, tar, pitch, kerosene, oils, and turpentine and to prohibit the storage of the same within 3 miles of the city limits.
Mont. Code Ann. § 7-12-2192 — MT Code / Title 7 / Chapter 12 / Part 21 / Section 7-12-2192
7-12-2192 Pooling of bonds of districts in county
Status: in_force

7-12-2192 . Pooling of bonds of districts in county. (1) If the board of county commissioners determines by resolution that the pooling of bonds of more than one special improvement district of the county is in the best interest of the county and the respective districts and will facilitate the sale of the bonds under more advantageous terms or with lower interest rates, the county may issue bonds of the districts combined in a single offering. Such bonds must be secured by the rural special improvement district revolving fund of the county.

(2) The title of the bonds issued pursuant to this section shall denote that bonds of different special improvement districts have been pooled and shall refer to the numbers of the districts. The bonds must be drawn against a sinking fund that has separate accounts for each special improvement district combined for financing purposes, into which must be payable the assessments levied in each of the districts.
Mont. Code Ann. § 7-34-2121 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2121
7-34-2121 Vacancies
Status: in_force

7-34-2121 . Vacancies. A vacancy upon the board of trustees occurring during the term of office of a trustee or in the office of clerk must be filled by appointment by the remaining members, and the appointee shall serve until the next ensuing election for trustees.
Mont. Code Ann. § 7-1-204 — MT Code / Title 7 / Chapter 1 / Part 2 / Section 7-1-204
7-1-204 Board minutes
Status: in_force

7-1-204 . Board minutes. An administrative board, district, or commission created under 7-1-201 through 7-1-203 shall submit the minutes of its proceedings within 30 days after the minutes have been approved by that body for electronic storage and retention in accordance with the provisions of Title 2, chapter 6, part 12. The administrative board, district, or commission shall submit the minutes for electronic storage to the county clerk and recorder of each county within the jurisdiction of the administrative board, district, or commission.
Mont. Code Ann. § 7-13-2202 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2202
7-13-2202 Interpretation
Status: in_force

7-13-2202 . Interpretation. Nothing in this part and part 23 shall be so construed as repealing or in any wise modifying the provisions of any other act relating to water or sewers or the supply of water to or the acquisition thereof by counties or municipalities within this state.
Mont. Code Ann. § 7-5-4206 — MT Code / Title 7 / Chapter 5 / Part 42 / Section 7-5-4206
7-5-4206 Procedure to veto ordinance or resolution
Status: in_force

7-5-4206 . Procedure to veto ordinance or resolution. (1) In case an ordinance or resolution does not meet the mayor's approbation, the mayor has power to return the same to the next regular meeting of the council, with all objections in writing. No ordinance or resolution so vetoed by the mayor must go into effect unless the same be afterwards passed by two-thirds vote of the whole number of members of the council.

(2) If the mayor fails to return any resolution or ordinance as aforesaid, the same takes effect without further action.
Mont. Code Ann. § 7-34-2123 — MT Code / Title 7 / Chapter 34 / Part 21 / Section 7-34-2123
7-34-2123 Admission to district hospital facilities
Status: in_force

7-34-2123 . Admission to district hospital facilities. Such a hospital district must admit persons to its facilities without regard to race, color, or sex, as defined in 1-1-201 . Such obligation shall not prevent the board of trustees of such hospital district from establishing reasonable minimum rates for hospital quarters, services, and supplies. Indigents needing such services, for the rendition of which provision is made by the laws of Montana, must be admitted to such public hospitals on terms and rates prescribed or authorized by law.
Mont. Code Ann. § 7-15-4278 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4278
7-15-4278 Legislative findings -- purpose
Status: in_force

7-15-4278 . Legislative findings -- purpose. The legislature finds and declares that:

(1) infrastructure-deficient areas exist in the local governments of the state and constitute a serious impediment to the development of infrastructure-intensive, value-adding economic development in Montana;

(2) local governments lack sufficient capital to rectify the infrastructure shortage in infrastructure-deficient areas, thus impeding their ability to achieve economic growth through the development of value-adding industries;

(3) the creation of infrastructure in support of value-adding economic development is a matter of state policy and state concern because the state and its local governments will continue to suffer economic dislocation due to the lack of value-adding industries; and

(4) the state's tax increment financing laws should be used to encourage the creation of areas in which needed infrastructure for value-adding industries could be developed.
Mont. Code Ann. § 7-33-4115 — MT Code / Title 7 / Chapter 33 / Part 41 / Section 7-33-4115
7-33-4115 Municipal fire protection through rural fire district -- election -- transition -- governance
Status: in_force

7-33-4115 . Municipal fire protection through rural fire district -- election -- transition -- governance. (1) Upon an affirmative vote of the governing body of a city of the second class and the governing body of a rural fire district, the municipal governing body may, after providing public notice and holding a public hearing, submit to the electors of the municipality the question of annexing to the rural fire district for the provision of fire protection services and dissolving the municipal fire department if one exists. Subject to the provisions of this section, a municipality may annex to a rural fire district for the provision of fire protection services upon an affirmative vote of a simple majority of those voting on the question in the municipality.

(2) Within 14 days after the date on which the governing bodies vote to propose the annexation, notice of the proposal must be published as provided in 7-1-4127 . A public hearing must be held before the municipal governing body.

(3) At the time the governing bodies vote to propose the annexation, the governing bodies shall also adopt a plan for dissolution of the municipal fire department if one exists and assumption of fire protection services by the rural fire district. The plan must include:

(a) a timetable for annexation;

(b) a map of the boundaries of the rural fire district after annexation occurs;

(c) the estimated financial impact of the annexation on the average taxpayer in the proposed district; and

(d) the process for disposition of paid municipal fire department staff and the transfer to the rural fire district of municipal fire department equipment, facilities, finances, and any warrant or bonded indebtedness.

(4) The rural fire district must be governed under the provisions of Title 7, chapter 33, part 21. Residents of the municipality are eligible to serve on the rural fire district's board of trustees.

(5) If there is not an affirmative vote of a simple majority of those voting on annexation to the rural fire district and dissolution of an existing municipal fire department, the existing municipal fire department, subject to 7-33-4101 , remains intact and is subject to the provisions of this part.

(6) If the population of a second-class city classified under the provisions of 7-1-4111 or 7-1-4112 increases to the level that would require the city to be classified as a first-class city and the city has been annexed to a rural fire district under the provisions of this section, the city may remain part of the rural fire district upon adoption of a resolution by the city governing body.
Mont. Code Ann. § 7-1-4127 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4127
7-1-4127 Publication of notice -- content -- proof
Status: in_force

7-1-4127 . Publication of notice -- content -- proof. (1) A municipality shall comply with the notice requirements of 2-3-103 , including publication of an agenda prior to a meeting.

(2) When a municipality is required to publish notice, publication must be in a newspaper, except that in a municipality with a population of 500 or less, in a municipality in which a newspaper is not published, or in a municipality within a county where a newspaper does not meet the qualifications in subsection (3), publication must be made by posting in three public places in the municipality that have been designated by ordinance, one of which may be the municipality's website if the municipality has an active website.

(3) The newspaper must:

(a) be of general circulation;

(b) be published at least once a week;

(c) be published in the county where the municipality is located; and

(d) have, prior to July 1 of each year, submitted to the city clerk a sworn statement that includes:

(i) circulation for the prior 12 months;

(ii) a statement of net distribution;

(iii) itemization of paid circulation and circulation that is free; and

(iv) the method of distribution.

(4) A newspaper of general circulation does not include a newsletter or other document produced or published by the municipality.

(5) In the case of a contract award, the newspaper must have been published continuously in the county for the 12 months preceding the awarding of the contract.

(6) If a person is required by law or ordinance to pay for publication, the payment must be received before the publication may be made.

(7) (a) Unless otherwise provided by law, notice must be published twice, with the first notice published at least 5 business days before the hearing or action to be taken.

(b) When required by law, notice must be published twice, with the first notice published at least 15 business days before the hearing or action to be taken.

(8) The published notice must contain:

(a) the date, time, and place of the hearing or other action;

(b) a brief statement of the action to be taken;

(c) the address and telephone number of the person who may be contacted for further information on the action to be taken; and

(d) any other information required by the specific section requiring notice by publication.

(9) A published notice required by law may be supplemented by a radio or television broadcast of the notice in the manner prescribed in 2-3-105 through 2-3-107 .

(10) Proof of the publication or posting of any notice may be made by affidavit of the owner, publisher, printer, or clerk of the newspaper or of the person posting the notice.

(11) If the newspaper fails to publish a second notice, the municipality must be considered to have met the requirements of this section as long as the municipality submitted the required information prior to the submission deadline and the notice was posted in three public places in the municipality that were designated by ordinance and, if the municipality has an active website, was posted on the municipality's website at least 6 days prior to the hearing or other action for which notice was required.
Mont. Code Ann. § 7-12-4205 — MT Code / Title 7 / Chapter 12 / Part 42 / Section 7-12-4205
7-12-4205 Disposition of bond or warrant proceeds
Status: in_force

7-12-4205 . Disposition of bond or warrant proceeds. (1) The city or town council shall use the proceeds of such sale in making payment for the cost of the improvements. Payments to contractors may be made either from time to time, on estimates made by the engineer in charge of such improvements for the city or town, or upon the entire completion of the improvements and the acceptance thereof by the city or town council.

(2) During the construction of the improvements, all interest earned on the investment of bond or warrant proceeds must be credited to the construction account of the improvement district fund from which the proceeds were withdrawn.

(3) Any proceeds of the bonds or warrants, including investment income thereon, remaining after payment of all costs of the improvements must be transferred to the sinking fund in the improvement district fund and applied, to the extent possible, to the prepayment and redemption of bonds or warrants on the next succeeding redemption date for which notice of redemption may properly be given.
Mont. Code Ann. § 7-7-124 — MT Code / Title 7 / Chapter 7 / Part 1 / Section 7-7-124
7-7-124 Limitation on investment of sinking funds
Status: in_force

7-7-124 . Limitation on investment of sinking funds. If any of the bonds for which the sinking fund was established are not yet due but are then redeemable under optional provisions, the money in the sinking fund is not subject to investment but shall be used and applied in payment and redemption of the bonds.
Mont. Code Ann. § 7-14-2821 — MT Code / Title 7 / Chapter 14 / Part 28 / Section 7-14-2821
7-14-2821 Permission to operate ferry between counties
Status: in_force

7-14-2821 . Permission to operate ferry between counties. (1) When authority to erect and keep a ferry over waters dividing two counties is desired, application must be made to the board of commissioners of the county situated on the left bank descending the river, creek, or slough.

(2) The board may not grant authority to erect a toll ferry until the notice of the intended application is given as required in 7-14-2822 .

(3) After notice is given, an application must be made in writing, under oath, to the board of the proper county. The applications must contain a description of the proposed ferry landings; the names of the owners, if known, of the proposed landings; and a statement that notice of the application has been served at least 10 days prior to the date of application on those landowners who are not parties to the application.
Mont. Code Ann. § 7-7-4404 — MT Code / Title 7 / Chapter 7 / Part 44 / Section 7-7-4404
7-7-4404 Authority to acquire, construct, maintain, and operate various undertakings
Status: in_force

7-7-4404 . Authority to acquire, construct, maintain, and operate various undertakings. A municipality under this part may:

(1) construct, reconstruct, improve, or extend any undertaking, within or outside of the municipality or partially within or partially outside of the municipality, and acquire by gift, purchase, or the exercise of the right of eminent domain pursuant to Title 70, chapter 30, any undertaking and land or rights in land or water rights in connection with the undertaking;

(2) operate and maintain any undertaking and furnish the service, facilities, and commodities of the undertaking for its own use and for the use of public and private consumers within or outside of the territorial boundaries of the municipality; and

(3) prescribe and collect rates, fees, and charges for the services, facilities, and commodities furnished by the undertaking.
Mont. Code Ann. § 7-6-616 — MT Code / Title 7 / Chapter 6 / Part 6 / Section 7-6-616
7-6-616 Capital improvement funds
Status: in_force

7-6-616 . Capital improvement funds. (1) A county, municipal, or special district governing body may establish a capital improvement fund for the replacement, improvement, and acquisition of property, facilities, or equipment that costs in excess of $5,000 and that has a life expectancy of 5 years or more.

(2) A capital improvement plan for the fund must be formally adopted by the county, municipal, or special district governing body.

(3) The capital improvement 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) Money in the capital improvement fund must be invested as provided by law, and interest and income from the investment of the capital improvement fund must be credited to the fund.
Mont. Code Ann. § 7-14-4662 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4662
7-14-4662 Bonds as legal investments
Status: in_force

7-14-4662 . Bonds as legal investments. All bonds issued under this part shall be legal investments for both public and private funds.
Mont. Code Ann. § 7-3-1244 — MT Code / Title 7 / Chapter 3 / Part 12 / Section 7-3-1244
7-3-1244 Removal of appointees
Status: in_force

7-3-1244 . Removal of appointees. (1) An officer or employee of the municipality appointed by the manager or upon the manager's authorization may be laid off, suspended, or removed from office or employment either by the manager or the appointing officer. Verbal or written notice of layoff, suspension, or removal given to an officer or employee or written notice left at or mailed to the officer's or employee's usual place of residence is sufficient to put the layoff, suspension, or removal into effect unless the person notified, within 5 days of the notice, demands a written statement of reasons for the action and the right to be heard on the action before the manager. Upon the demand, the officer making the layoff, suspension, or removal shall supply the person notified with a written statement of the reasons for the action, and the manager shall fix a time and place for the public hearing. Following the public hearing, the manager shall either confirm the layoff, suspension, or removal as specified in the notice, reinstate the person, or make another disposition of the matter that in the manager's opinion the good of the service may require.

(2) The decision of the manager is final, and there is no appeal to any officer, body, or court. A copy of the written statement of reasons given for any layoff, suspension, or removal and a copy of any written reply to the statement by the officer or employee involved, together with a copy of the decision of the manager, must be filed as a public record in the office of the clerk.
Mont. Code Ann. § 7-12-1143 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1143
7-12-1143 Liability insurance required
Status: in_force

7-12-1143 . Liability insurance required. The governing body may not approve the annual budget or the work plan submitted to it by the board unless the annual budget and the work plan provide for liability insurance coverage insuring the district, the board, and the local government against legal liability for personal injury and property damage in an amount determined sufficient for that purpose by the governing body.
Mont. Code Ann. § 7-32-2204 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2204
7-32-2204 Maintenance of detention center
Status: in_force

7-32-2204 . Maintenance of detention center. The county commissioners, or the private party when provided in an agreement entered into under 7-32-2201 (2), have the duty of building, operating, inspecting, and repairing the detention center and must take all necessary precautions against escape, sickness, or infection.
Mont. Code Ann. § 7-2-2221 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2221
7-2-2221 Determination of county seat -- temporary county seat
Status: in_force

7-2-2221 . Determination of county seat -- temporary county seat. (1) If the proposed new county is to be formed from one county or from portions of two or more existing counties, the question of the election of the county seat is hereby provided to be submitted to the qualified electors of the proposed new county at the election provided for in 7-2-2215 (1), and the majority of all the votes cast therefor shall determine the election thereon.

(2) (a) In case any city or town fails to receive a majority of all the votes cast, then the city or town receiving the highest number of all votes cast shall be designated as the temporary county seat. The temporary county seat selected upon the organization of such county shall remain as such county seat until the permanent county seat shall be established as provided by law.

(b) In case any city or town is not the choice of the election for the county seat by a majority of all the votes cast, the question of choice between the two cities or towns for which the highest number of votes shall have been cast shall be submitted in like manner to the qualified electors at the next general election thereafter.

(c) When the county seat shall have been selected as herein provided, it shall not thereafter be changed except in the manner provided by law.

(3) If the proposed new county is to be an existing county enlarged by territory taken from one or more other counties, the question of the election of the county seat may not be submitted to the electors at the election provided for in 7-2-2215 .
Mont. Code Ann. § 7-10-101 — MT Code / Title 7 / Chapter 10 / Part 1 / Section 7-10-101
7-10-101 Regional resource authorities -- purpose -- definition of qualified elector
Status: in_force

7-10-101 . Regional resource authorities -- purpose -- definition of qualified elector. (1) Qualified electors may create or expand an authority by proceeding under the provisions of this chapter.

(2) Regional resource authorities may be created to provide for collaboration and coordination in the conservation of water resources or in the management of water resources for agricultural and recreational uses.

(3) For the purposes of this chapter, a "qualified elector" is a person who is qualified to vote under 13-1-111 and resides within the boundaries of a proposed or established regional resource authority.
Mont. Code Ann. § 7-23-101 — MT Code / Title 7 / Chapter 23 / Part 1 / Section 7-23-101
7-23-101 Dog collar and license tag required
Status: in_force

7-23-101 . Dog collar and license tag required. It is unlawful, when part 21, 7-23-4103 , and this part apply, for any person to own, harbor, or keep any dog over the age of 5 months or to permit a dog owned, harbored, or controlled by the person to run at large unless the dog has attached to its neck a substantial collar on which is fastened a license tag issued by the authority of a county or a municipal corporation for the purpose of identifying the dog and designating the owner. It is lawful to remove the collar and license tag when the dog is under the immediate control of its owner or the owner's agent.
Mont. Code Ann. § 7-10-216 — MT Code / Title 7 / Chapter 10 / Part 2 / Section 7-10-216
7-10-216 Remedies
Status: in_force

7-10-216 . Remedies. The provisions of this part and any resolution or resolutions are enforceable by any bondholder in any court of competent jurisdiction by mandamus or other appropriate suit, action, or proceeding.
Mont. Code Ann. § 7-2-2607 — MT Code / Title 7 / Chapter 2 / Part 26 / Section 7-2-2607
7-2-2607 Transmittal of election results
Status: in_force

7-2-2607 . Transmittal of election results. Whenever any election has been held as provided for in this part, the statement made by the board of county commissioners showing the result thereof must be deposited in the office of the county clerk. Whenever the board gives the notice prescribed by 7-2-2606 (2), they must transmit a certified copy thereof to the secretary of state.
Mont. Code Ann. § 7-13-2220 — MT Code / Title 7 / Chapter 13 / Part 22 / Section 7-13-2220
7-13-2220 Right-of-way across state lands
Status: in_force

7-13-2220 . Right-of-way across state lands. The right-of-way is given, dedicated, and set apart to locate, construct, and maintain district works over and through any lands which are the property of this state, and the district has the same rights and privileges relating to the right-of-way as are granted to municipalities.
Mont. Code Ann. § 7-5-140 — MT Code / Title 7 / Chapter 5 / Part 1 / Section 7-5-140
7-5-140 Recordkeeping
Status: in_force

7-5-140 . Recordkeeping. A city, town, or county that has the authority to require a private entity to keep records may prescribe the form and content of the records but may not prescribe the method of keeping the required records.
Mont. Code Ann. § 7-5-102 — MT Code / Title 7 / Chapter 5 / Part 1 / Section 7-5-102
7-5-102 Construction of certain sections
Status: in_force

7-5-102 . Construction of certain sections. Sections 7-5-103 through 7-5-107 merely provide a procedure for the adoption of ordinances and shall not be construed as granting authority to adopt ordinances.
Mont. Code Ann. § 7-16-4226 — MT Code / Title 7 / Chapter 16 / Part 42 / Section 7-16-4226
7-16-4226 Limitation on incurred liability
Status: in_force

7-16-4226 . Limitation on incurred liability. The board of park commissioners shall have no power to incur liability on behalf of the city in excess of money on hand in or taxes actually levied for said park fund.
Mont. Code Ann. § 7-33-2215 — MT Code / Title 7 / Chapter 33 / Part 22 / Section 7-33-2215
7-33-2215 County firewarden authorized -- duties
Status: in_force

7-33-2215 . County firewarden authorized -- duties. (1) A county governing body may appoint a county firewarden.

(2) A county firewarden appointed under this section shall demonstrate knowledge in local, state, and federal wildland fire policy and wildland fire suppression.

(3) A county firewarden shall act as a liaison between local, state, and federal agencies to coordinate training and wildland fire prevention, detection, suppression, investigation, and mitigation. The county governing body may establish any additional duties that the governing body determines to be necessary.

(4) The position of county firewarden is distinct from the position of a county rural fire chief appointed under 7-33-2203 and from a firewarden appointed by the department of natural resources and conservation under 76-13-104 .
Mont. Code Ann. § 7-14-1134 — MT Code / Title 7 / Chapter 14 / Part 11 / Section 7-14-1134
7-14-1134 Method of funding deficiency -- election required
Status: in_force

7-14-1134 . Method of funding deficiency -- election required. (1) Subject to the conditions stated in this section, the governing body of a county or of a municipality having a population in excess of 10,000 may by resolution covenant that if at any time all revenue, including taxes, appropriated and collected for bonds issued pursuant to this part is insufficient to pay principal or interest then due, it will levy a general tax on all of the taxable property in the county or municipality for the payment of the deficiency. The governing body may further covenant that at any time a deficiency is likely to occur within 1 year for the payment of principal and interest due on the bonds, it will levy a general tax on all the taxable property in the county or municipality for the payment of the deficiency. The taxes are not subject to any limitation of rate or amount applicable to other county or municipal taxes but are limited to a rate estimated to be sufficient to produce the amount of the deficiency. If more than one local government is included in an authority issuing bonds pursuant to this part, the local governments may apportion the obligation to levy taxes for the payment of, or in anticipation of, a deficiency in the revenue appropriated for the bonds in a manner that the local governments may determine.

(2) The resolution must state the principal amount and purpose of the bonds and the substance of the covenant respecting deficiencies.

(3) A resolution is not effective until the question of its approval has been submitted to the qualified electors of the local government at an election called for that purpose by the governing body of the local government and held as provided in 15-10-425 and the question is approved by a majority of the electors voting.

(4) If a majority of the electors voting on the issue vote against approval of the resolution, the local government may not make the covenant or levy a tax for the payment of deficiencies pursuant to this section. The local government or authority may issue bonds under this part payable solely from the sources referred to in 7-14-1133 (1).
Mont. Code Ann. § 7-11-210 — MT Code / Title 7 / Chapter 11 / Part 2 / Section 7-11-210
7-11-210 Vacancies
Status: in_force

7-11-210 . Vacancies. In case of a vacancy for any cause, a new member must be appointed in the same manner as the member being replaced.
Mont. Code Ann. § 7-14-4645 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4645
7-14-4645 Power to determine terms and conditions of revenue bonds
Status: in_force

7-14-4645 . Power to determine terms and conditions of revenue bonds. (1) Each commission shall have power to determine by resolution, with reference to each issue of revenue bonds to be issued under this part, all the terms and conditions of such bonds and of the sale and issuance thereof and any and all matters necessary or appropriate to be determined in connection therewith, except only as such power is limited by or under the authority of express provisions of this part.

(2) Without excluding the exercising of any other powers under or in any way limiting the generality of the preceding general grant of power or in any way excluding or limiting the exercising of any or all other powers granted by this part, the general power granted by this section shall include and each such commission shall have and in its discretion may exercise the specific powers provided by this part.
Mont. Code Ann. § 7-12-2204 — MT Code / Title 7 / Chapter 12 / Part 22 / Section 7-12-2204
7-12-2204 Alteration of maintenance district boundaries
Status: in_force

7-12-2204 . Alteration of maintenance district boundaries. The board has the power, by resolution, of changing not more than once a year, the boundaries of any maintenance district.
Mont. Code Ann. § 7-12-4306 — MT Code / Title 7 / Chapter 12 / Part 43 / Section 7-12-4306
7-12-4306 Resolution to create lighting district
Status: in_force

7-12-4306 . Resolution to create lighting district. When no protests have been delivered to the clerk of the city council within 15 days after the date of the first publication of the notice of the passage of the resolution of intention or when a protest shall have been found by the city council to be insufficient or shall have been overruled or when a protest against the extent of the proposed district shall have been heard and denied, immediately thereupon, the city council shall be deemed to have acquired jurisdiction to order the proposed improvements. Before ordering any of said proposed improvements, the city council shall pass a resolution creating the special improvement lighting district in accordance with the resolution of intention theretofore introduced and passed by the city council.
Mont. Code Ann. § 7-32-2301 — MT Code / Title 7 / Chapter 32 / Part 23 / Section 7-32-2301
7-32-2301 Rewards for apprehension of criminals
Status: in_force

7-32-2301 . Rewards for apprehension of criminals. (1) The board of county commissioners of each county has the power to offer rewards for the apprehension and conviction of any person or persons who have committed any felony within their respective counties. Said reward shall not exceed the sum of $500 for the apprehension and conviction of the party or parties guilty of a felony, and the reward shall not be paid in any case until a conviction has first been had in said case. All rewards shall be paid by warrants drawn on the general fund of the county.

(2) In no case shall the members of the board, sheriff, or other county officer receiving an annual or monthly salary be entitled to any part of any such reward.
Mont. Code Ann. § 7-12-4146 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4146
7-12-4146 Retroactive application of bid procedures
Status: in_force

7-12-4146 . Retroactive application of bid procedures. The provisions of 7-12-4141 through 7-12-4145 shall be applicable to all special improvement districts created within 1 year preceding March 16, 1931.
Mont. Code Ann. § 7-6-4020 — MT Code / Title 7 / Chapter 6 / Part 40 / Section 7-6-4020
7-6-4020 Preliminary annual operating budget
Status: in_force

7-6-4020 . Preliminary annual operating budget. (1) A preliminary annual operating budget must be prepared for the local government.

(2) This part does not provide for the consolidation or reassignment, but does not prohibit delegation by mutual agreement, of any duties of elected county officials.

(3) (a) Before June 1 of each year, the county clerk and recorder shall notify the county commission and each board, office, regional resource authority, or official that they are required to file preliminary budget proposals for their component of the total county budget.

(b) Component budgets must be submitted to the county clerk and recorder before June 10 or on a date designated by the county commission and must be submitted on forms provided by the county clerk and recorder.

(c) The county clerk and recorder shall prepare and submit the county's preliminary annual operating budget.

(d) Component budget responsibilities as provided in this subsection (3) include but are not limited to the following:

(i) The county surveyor or any special engineer shall compute road and bridge component budgets and submit them to the county commission.

(ii) The county commission shall submit road and bridge component budgets.

(iii) The county treasurer shall submit debt service component budgets.

(iv) The county commission shall submit component budgets for construction or improvements to be made from new general obligation debt.

(4) The preliminary annual operating budget for each fund must include, at a minimum:

(a) a listing of all revenue and other resources for the prior budget year, current budget year, and proposed budget year;

(b) a listing of all expenditures for the prior budget year, the current budget year, and the proposed budget year. All expenditures must be classified under one of the following categories:

(i) salaries and wages;

(ii) operations and maintenance;

(iii) capital outlay;

(iv) debt service; or

(v) transfers out.

(c) a projection of changes in fund balances or cash balances available for governmental fund types and a projection of changes in cash balances and working capital for proprietary fund types. This projection must be supported by a summary for each fund or group of funds listing the estimated beginning balance plus estimated revenue, less proposed expenditures, cash reserves, and estimated ending balances.

(d) a detailed list of proposed capital expenditures and a list of proposed major capital projects for the budget year;

(e) financial data on current and future debt obligations;

(f) schedules or summary tables of personnel or position counts for the prior budget year, current budget year, and proposed budget year. The budgeted amounts for personnel services must be supported by a listing of positions, salaries, and benefits for all positions of the local government. The listing of positions, salaries, and benefits is not required to be part of the budget document.

(g) all other estimates that fall under the purview of the budget.

(5) The preliminary annual operating budget for each fund for which the local government will levy an ad valorem property tax must include the estimated amount to be raised by the tax.

(6) The preliminary annual operating budget must include the property taxes levied on $100,000 of residential property value from all mills levied by the government entity in the prior budget year and the estimated property taxes to be levied under the preliminary annual operating budget on $100,000 of residential property value from all mills the government entity will levy in the current budget year.
Mont. Code Ann. § 7-2-2253 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2253
7-2-2253 Procedure to transfer money to school and road funds
Status: in_force

7-2-2253 . Procedure to transfer money to school and road funds. (1) The county superintendent of schools of an old county shall furnish the county superintendent of schools of the new county with a certification of the average number belonging (ANB) in the different school districts in the territory set apart to form the new county and shall certify to the board of county commissioners of the old county the amount due. The board of the old county shall order a warrant drawn on the treasury of the old county for all the money that is or may be due by apportionment or otherwise to the different school districts embraced in the new county and taken from the old county.

(2) The county treasurer shall certify to the county commissioners of an old county the amount due in the different road funds. The county commissioners shall order a warrant drawn on the treasury of the old county in favor of the new county for all money that is or may be due by apportionment or otherwise to the different road and district funds in the territory set apart to form the new county and taken from the old county, which amounts shall be properly credited in both counties.

(3) Whenever in the formation of a new county a road or school district has been divided, the board of county commissioners shall by resolution direct the treasurer to transfer the proper proportionate amount of the money remaining in the fund of such district to the treasurer of the new county.
Mont. Code Ann. § 7-7-2256 — MT Code / Title 7 / Chapter 7 / Part 22 / Section 7-7-2256
7-7-2256 Printing of bonds
Status: in_force

7-7-2256 . Printing of bonds. (1) Except as provided in subsection (2), the county clerk, under the direction of the board, shall have the bonds printed or lithographed at the expense of the county at lowest commercial rates. The bonds may be typewritten with the purchaser's consent.

(2) A purchaser of the bonds may furnish the bonds to the county for execution if the execution is done at the purchaser's own expense and without expense to the county.
Mont. Code Ann. § 7-11-1010 — MT Code / Title 7 / Chapter 11 / Part 10 / Section 7-11-1010
7-11-1010 Combination of elections -- term of board members if election combined
Status: in_force

7-11-1010 . Combination of elections -- term of board members if election combined. (1) (a) If the governing body orders a referendum on the creation of a proposed special district and the special district would be administered by an elected board, the governing body may combine the referendum on the formation of the district with the election of the members of the board so that the qualified electors of the district may vote on these matters on the same date and at the same time.

(b) If the elections are combined, the notice of the election must contain the names of the candidates. Candidates for the board must file a declaration of candidacy with the election administrator within the time period specified in 13-1-502 . The election administrator shall endorse on the declaration the date on which it was presented.

(2) If the governing body orders a combined election pursuant to subsection (1) and unless otherwise provided by resolution by the governing body pursuant to 7-1-201 :

(a) a board member elected pursuant to this section shall hold office until the election and qualification or the appointment and qualification of the member's successor.

(b) Except as provided in subsection (2)(c), a board member has a term of office of 4 years.

(c) (i) In a special district requiring the election of five directors, three of the initial directors shall serve for a term of 2 years and two of the initial directors shall serve for a term of 4 years.

(ii) In a special district requiring the election of three directors, one initial director shall serve for a term of 2 years and two initial directors shall serve for a term of 4 years.

(iii) At the first meeting following an initial election of board members, the board shall determine by lot who shall serve a 2-year term.
Mont. Code Ann. § 7-22-2111 — MT Code / Title 7 / Chapter 22 / Part 21 / Section 7-22-2111
7-22-2111 Liability restrictions
Status: in_force

7-22-2111 . Liability restrictions. A district is liable for damages caused by its use of herbicides only for an act or omission that constitutes gross negligence. The provisions of 2-9-305 apply to board members, coordinators, and employees of a district.
Mont. Code Ann. § 7-14-4107 — MT Code / Title 7 / Chapter 14 / Part 41 / Section 7-14-4107
7-14-4107 Maintenance of trafficways
Status: in_force

7-14-4107 . Maintenance of trafficways. The city or town council may provide for the maintenance of the streets, alleys, and public places of the city or town and may fix rates to defray the cost of said work as provided in Title 7, chapter 12, part 44.
Mont. Code Ann. § 7-6-2101 — MT Code / Title 7 / Chapter 6 / Part 21 / Section 7-6-2101
7-6-2101 Procedure if county treasurer dies in office
Status: in_force

7-6-2101 . Procedure if county treasurer dies in office. (1) In case of the death of a county treasurer, the treasurer's legal representatives shall deliver up all official money, books, accounts, papers, and documents that come into their possession.

(2) A percentage may not be allowed to the treasurer on any money received by the treasurer from the legal representative of a predecessor.
Mont. Code Ann. § 7-2-4804 — MT Code / Title 7 / Chapter 2 / Part 48 / Section 7-2-4804
7-2-4804 Contents of petition
Status: in_force

7-2-4804 . Contents of petition. (1) Such petition shall set out and describe the territory to be excluded from the corporate limits, which territory must be on the border of such city or town, and the alteration of the boundaries desired by the petitioners, together with the boundaries of the city or town as it will exist after such change is made. Said petition shall also describe the streets, avenues, alleys, and public places, if any, in the territory sought to be excluded and shall distinctly specify which of said streets, avenues, alleys, or public places are to be retained for the use of the public after the territory has been excluded from the corporate limits of such city or town.

(2) Such petition shall pray that the council of such city or town shall enact a resolution altering the boundaries of such city or town and excluding therefrom the territory therein described.
Mont. Code Ann. § 7-1-4141 — MT Code / Title 7 / Chapter 1 / Part 41 / Section 7-1-4141
7-1-4141 Public meeting required
Status: in_force

7-1-4141 . Public meeting required. (1) All meetings of municipal governing bodies, boards, authorities, committees, or other entities created by a municipality must be open to the public except as provided in 2-3-203 .

(2) Subject to the requirements of 2-3-212 , appropriate minutes must be kept of all public meetings and must be made available to the public for inspection and copying and meet the requirements of 2-3-214 (2)(b).
Mont. Code Ann. § 7-4-2815 — MT Code / Title 7 / Chapter 4 / Part 28 / Section 7-4-2815
7-4-2815 Surveys involving land in two counties
Status: in_force

7-4-2815 . Surveys involving land in two counties. (1) Any person owning or claiming lands which are divided by county lines and wishing to have the same surveyed may apply to the surveyor of any county in which any part of such land is situated. On such application being made, the county surveyor must make the survey, which is as valid as though the lands were situated entirely within the county.

(2) When land the title to which is in dispute before any court is divided by a county line, the court making an order of survey may direct the order to the surveyor of any county in which any part of the land is situated.
Mont. Code Ann. § 7-7-2303 — MT Code / Title 7 / Chapter 7 / Part 23 / Section 7-7-2303
7-7-2303 Term of refunding general obligation bonds
Status: in_force

7-7-2303 . Term of refunding general obligation bonds. (1) (a) The following term limitations apply to all bonds issued under 7-7-2301 (1). Except as provided in subsection (1)(b), bonds may not be issued for a longer term than 10 years.

(b) If the unexpired term of the bonds to be refunded is more than 10 years, the refunding bonds may be issued for the unexpired term.

(2) Bonds issued for any of the purposes designated in 7-7-2301 (2) may not be for a longer term than 20 years.

(3) The length of the term required must be estimated and calculated by the board of county commissioners, based upon the percentage of valuation of the property upon which taxes are levied and paid within the county as ascertained from the last-completed assessment for state and county taxes, taking into account probable changes in the taxable valuation and losses in tax collections. Irrespective of any miscalculation by the county commissioners in fixing the term of the bonds, the county shall from year to year make a sufficient tax levy to pay the interest and installments on principal on the bonds as the payments are due.
Mont. Code Ann. § 7-32-2256 — MT Code / Title 7 / Chapter 32 / Part 22 / Section 7-32-2256
7-32-2256 Terminated
Status: in_force

7-32-2256 . Terminated. Sec. 4, Ch. 101, L. 2019.
Mont. Code Ann. § 7-14-4717 — MT Code / Title 7 / Chapter 14 / Part 47 / Section 7-14-4717
7-14-4717 List of unpaid assessments
Status: in_force

7-14-4717 . List of unpaid assessments. After expiration of the prescribed time from the date of the warrant and after the treasurer has recorded the return, the treasurer shall make and certify to the clerk and recorder a complete list of all unpaid assessments that amount to $25 or more upon any assessment.
Mont. Code Ann. § 7-32-4123 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4123
7-32-4123 Nonparticipation
Status: in_force

7-32-4123 . Nonparticipation. (1) The members of a city or town police protective association may by a vote of three-fourths of the membership cease the participation of all the members in the provision of group life insurance through salary deductions. Salary deductions for payment of group life insurance premiums and representation may not be made by the city or town of the nonparticipating association. An association may resume participation by a vote of three-fourths of the membership of the city or town police protective association.

(2) Notice of nonparticipation or resumption of participation must be provided to the governing body of the city or town and to the Montana police protective association.
Mont. Code Ann. § 7-14-4655 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4655
7-14-4655 Authorization to enter into indentures
Status: in_force

7-14-4655 . Authorization to enter into indentures. (1) The commission may enter into indentures providing for the aggregate principal amount, date or dates, maturities, interest rate, denominations, form, registration, transfer, and interchange of such bonds and coupons and the terms and conditions upon which the same shall be executed, issued, secured, sold, paid, redeemed, funded, and refunded.

(2) Each taker and subsequent holder of the bonds or coupons, whether the coupons are attached to or detached from the bonds, has recourse to and is bound by all of the provisions of the indenture to the extent that such provisions do not conflict with provisions stated in the bonds.

(3) Reference on the face of the bonds to such indenture by its date of adoption or the apparent date on the face thereof is sufficient to incorporate all of the provisions thereof into the body of the bonds and their appurtenant coupons.
Mont. Code Ann. § 7-4-2306 — MT Code / Title 7 / Chapter 4 / Part 23 / Section 7-4-2306
7-4-2306 Processing of petition -- resolution of intent and hearing
Status: in_force

7-4-2306 . Processing of petition -- resolution of intent and hearing. (1) Upon the filing of a petition for consolidation, the board or boards of county commissioners shall cause the county clerk or clerks to examine the petition and the registration records of the county or counties.

(2) If after such examination the county clerk or clerks report to the board or boards of county commissioners that the petition has been signed by not less than 15% of the registered electors of the county, the board or boards shall set a date for a hearing and pass a resolution of intent to consider the consolidation. Upon passage of the resolution of intent by the board or boards, proper notice shall be given for the hearing. The date for the hearing may not be more than 20 days after the filing of the petition or the passage of the resolution of intent.
Mont. Code Ann. § 7-4-506 — MT Code / Title 7 / Chapter 4 / Part 5 / Section 7-4-506
7-4-506 Agency head to grant award
Status: in_force

7-4-506 . Agency head to grant award. After an agency implements an employee's suggestion or invention and the amount of monetary savings to the local government is estimated or an employee participates in or successfully completes a health or safety program, an agency head, upon written application to and approval from the governing body and the incentive awards advisory council, if there is a council, may grant an incentive award to an employee whose proposal or activity meets the requirements of 7-4-505 .
Mont. Code Ann. § 7-6-2141 — MT Code / Title 7 / Chapter 6 / Part 21 / Section 7-6-2141
7-6-2141 Coordination of state revenue collected by counties -- duties of department of administration
Status: in_force

7-6-2141 . Coordination of state revenue collected by counties -- duties of department of administration. (1) The department of administration shall advise the counties concerning any questions involving collection of revenue on behalf of the state. The department shall prepare and distribute a county collections manual to county treasurers, setting forth the procedures and forms to be used by the counties in collecting revenue for the state. The manual must be revised at least biennially, with the manual and revisions being sent to each county treasurer.

(2) State agencies receiving revenue collected by the counties shall coordinate the collection of revenue with the department. Necessary instructions or procedures must be submitted to the counties by state agencies through the department to provide coordination and ensure placement in the county collections manual.
Mont. Code Ann. § 7-32-107 — MT Code / Title 7 / Chapter 32 / Part 1 / Section 7-32-107
7-32-107 Hearing required for discharge of subordinate employee
Status: in_force

7-32-107 . Hearing required for discharge of subordinate employee. In all cases involving the discharge or the termination of employment of any subordinate employee by the director of the department of public safety, such employee is entitled to a full hearing as provided in this part, except that those employees covered under collective bargaining agreements as provided for in Title 39, chapter 31 shall be entitled to use any grievance procedure provided for within the collective bargaining agreement.
Mont. Code Ann. § 7-3-4204 — MT Code / Title 7 / Chapter 3 / Part 42 / Section 7-3-4204
7-3-4204 Laws governing city
Status: repealed

7-3-4204 . Laws governing city. All laws governing cities of the first, second, and third classes and not inconsistent with the provisions of this part shall apply to and govern cities organized under this part. All bylaws, ordinances, and resolutions lawfully passed and in force in any such city under its former organization shall remain in force until altered or repealed by the council elected under the provisions of this part.
Mont. Code Ann. § 7-13-4307 — MT Code / Title 7 / Chapter 13 / Part 43 / Section 7-13-4307
7-13-4307 Establishment of amount of charges
Status: in_force

7-13-4307 . Establishment of amount of charges. The rates and charges established for the services and facilities afforded by this system must be sufficient in each year to provide income and revenue adequate for the:

(1) payment of the reasonable expense of operation and maintenance;

(2) payment of the sums required to be paid into the sinking fund;

(3) accumulation of reserves;

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

(5) payment of expenditures for depreciation and replacement of the system as determined necessary by the governing body or as covenanted in the ordinances and resolutions authorizing the outstanding bonds.
Mont. Code Ann. § 7-2-2220 — MT Code / Title 7 / Chapter 2 / Part 22 / Section 7-2-2220
7-2-2220 Cost of election
Status: in_force

7-2-2220 . Cost of election. The expense of said election shall be paid by the county calling such election, and any other county affected thereby shall pay its proportion thereof as provided in 7-2-2244 .
Mont. Code Ann. § 7-3-606 — MT Code / Title 7 / Chapter 3 / Part 6 / Section 7-3-606
7-3-606 Selection, role, and duties of town presiding officer
Status: in_force

7-3-606 . Selection, role, and duties of town presiding officer. (1) The town meeting shall elect a town presiding officer for a term of not less than 1 year or more than 2 years. An unexpired term of a town presiding officer must be filled at the next annual or special town meeting.

(2) The town presiding officer is the chief executive officer of the town and shall:

(a) enforce laws, ordinances, and resolutions;

(b) perform duties required by law, ordinance, or resolution;

(c) administer the affairs of the town;

(d) prepare and publish the town meeting agenda pursuant to 2-3-103 ;

(e) attend all annual and special town meetings;

(f) recommend measures to the town meeting;

(g) report to the town on the affairs and financial condition of the town;

(h) execute bonds, notes, contracts, and written obligations of the town, subject to the approval of the town;

(i) appoint, with the consent of the town meeting, members of all boards and appoint and remove all employees of the town;

(j) prepare the budget and present it to the town meeting for adoption;

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

(l) carry out policies established by the town meeting.

(3) Compensation of the town presiding officer must be established by ordinance but may not be reduced during the current term of the town presiding officer.
Mont. Code Ann. § 7-14-4603 — MT Code / Title 7 / Chapter 14 / Part 46 / Section 7-14-4603
7-14-4603 Creation of parking commission authorized
Status: in_force

7-14-4603 . Creation of parking commission authorized. A city may create, as provided for in 7-14-4603 through 7-14-4608 , a public body to be known as the parking commission of the city. The commission of any city shall not transact any business or exercise any powers under this part unless and until the legislative body of the city shall by resolution declare that there is need for a parking commission to function in such city.
Mont. Code Ann. § 7-12-4501 — MT Code / Title 7 / Chapter 12 / Part 45 / Section 7-12-4501
7-12-4501 Abandonment of street parking improvement district -- resolution
Status: in_force

7-12-4501 . Abandonment of street parking improvement district -- resolution. Whenever it is deemed to the best interest of a city or town or the inhabitants thereof by the mayor and council of such city or town, the mayor and council are authorized to abandon the maintenance of any street parking improvement district established in such city or town by the passage of a resolution of intention to abandon the same.
Mont. Code Ann. § 7-12-1144 — MT Code / Title 7 / Chapter 12 / Part 11 / Section 7-12-1144
7-12-1144 Obligations of district not obligations of local government
Status: in_force

7-12-1144 . Obligations of district not obligations of local government. An obligation or debt of any nature of a district is not an obligation or debt of the local government that established the district, and in no event is a debt or obligation of a district payable out of any funds or properties of the local government. The debts and obligations of a district are payable solely from the funds and properties of the district.
Mont. Code Ann. § 7-14-2302 — MT Code / Title 7 / Chapter 14 / Part 23 / Section 7-14-2302
7-14-2302 Duties of county road superintendent
Status: in_force

7-14-2302 . Duties of county road superintendent. (1) Under the direction and supervision of the board of county commissioners, the superintendent shall furnish plans and specifications for highway or bridge work. The superintendent is the presiding officer of all boards of road viewers.

(2) Under direction and supervision, the superintendent shall:

(a) take charge of all roads, bridges, and causeways under the jurisdiction of the county;

(b) open all new roads when they are established and ordered to be opened by the board;

(c) perform, at the time and in the manner directed by the board, whatever is lawfully directed by the board concerning the public highways under the jurisdiction of the county.
Mont. Code Ann. § 7-15-4511 — MT Code / Title 7 / Chapter 15 / Part 45 / Section 7-15-4511
7-15-4511 Creation of special funds
Status: in_force

7-15-4511 . Creation of special funds. In connection with the issuance of bonds and/or the incurring of any obligation under a lease and in order to secure the payment of such bonds and/or obligations, the authority shall have power to:

(1) create or authorize the creation of special funds in which there shall be segregated:

(a) the proceeds of any loan and/or grant;

(b) all of the rents, fees, and revenues of any housing project or projects or parts thereof;

(c) any money held for the payment of the costs of operation and maintenance of any such housing projects or as a reserve for the meeting of contingencies in the operation and maintenance thereof;

(d) any money held for the payment of the principal and interest on its bonds or the sums due under its leases and/or as a reserve for such payments; and

(e) any money held for any other reserves or contingencies; and

(2) covenant as to the use and disposal of the money held in such funds.
Mont. Code Ann. § 7-12-4131 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4131
7-12-4131 Modification of trafficways and courts for special improvement districts
Status: in_force

7-12-4131 . Modification of trafficways and courts for special improvement districts. All streets, alleys, places, or courts in the municipalities of this state, now open or dedicated or which may hereafter be opened or dedicated to public use, are open public streets, alleys, places, or courts for the purposes of this part. The city council of each municipality may establish and change the grades of the streets, alleys, places, or courts and fix the width thereof and may acquire private property for right-of-way and order to be done any of the work mentioned in this part under the proceedings described in this part.
Mont. Code Ann. § 7-32-2107 — MT Code / Title 7 / Chapter 32 / Part 21 / Section 7-32-2107
7-32-2107 Tenure for deputy sheriffs -- grounds for termination of employment -- restrictions on evaluations
Status: in_force

7-32-2107 . Tenure for deputy sheriffs -- grounds for termination of employment -- restrictions on evaluations. (1) A deputy sheriff shall continue in service until relieved of employment in the manner provided in this part and only for good cause as defined in 39-2-903 .

(2) Quotas for investigative stops, citations, or arrests may not be established and may not be used in evaluating deputies.
Mont. Code Ann. § 7-3-4311 — MT Code / Title 7 / Chapter 3 / Part 43 / Section 7-3-4311
7-3-4311 Procedure for multimunicipality organization -- petition -- election -- elector qualifications
Status: in_force

7-3-4311 . Procedure for multimunicipality organization -- petition -- election -- elector qualifications. (1) Whenever the inhabitants of any community or group of communities in any county, whether separately incorporated in whole or in part or unincorporated, desire to be organized into or annexed to an incorporated city or town under the provisions of this part and part 44, the board of county commissioners of the county may or, if presented a petition signed by at least 25% of the qualified electors in the community or group of communities, shall issue a proclamation ordering an election to be held in accordance with Title 13, chapter 1, part 4.

(2) At this election, the question of the organization of the community or group of communities as a municipality under the provisions of this part and part 44 must be submitted to the qualified electors within the proposed municipal district. The proclamation must specify the time when and the places where the election will be held and must define the boundaries of the proposed municipal district, which must include all communities, cities, and any additional adjacent territory that, in the judgment of the board of county commissioners, provides for future urban growth.

(3) If a majority of the qualified electors at the election vote in favor of the organization of the municipal district or in favor of annexation to an incorporated city or town, then the board of county commissioners shall declare the result of the election.

(4) The commissioners shall also give notice as required in 13-1-108 for the first election for commissioners of the municipal district under this section.

(5) The election for commissioners must be conducted in accordance with Title 13, chapter 1, part 4. Persons qualified pursuant to 13-1-111 and who have resided within the limits of the municipal district for 6 months are qualified electors.

(6) The commissioners elected must qualify in the manner prescribed by law for county officers.
Mont. Code Ann. § 7-2-4313 — MT Code / Title 7 / Chapter 2 / Part 43 / Section 7-2-4313
7-2-4313 Contents of notice -- protest period
Status: in_force

7-2-4313 . Contents of notice -- protest period. The notice under 7-2-4312 must state that:

(1) the resolution has been passed; and

(2) for a period of 20 days after the first publication of the notice, the city or town clerk shall accept written comments approving or disapproving the proposed extensions of the boundaries of the city or town from registered voters residing in the area proposed to be annexed.
Mont. Code Ann. § 7-2-4312 — MT Code / Title 7 / Chapter 2 / Part 43 / Section 7-2-4312
7-2-4312 Resolution of intent by city or town -- notice
Status: in_force

7-2-4312 . Resolution of intent by city or town -- notice. When, in the judgment of any city or town council, expressed by a resolution that is passed and adopted, it is in the best interest of the city or town and the inhabitants of any contiguous platted tracts or parcels of land or unplatted land for which a certificate of survey has been filed that the boundaries of the city or town be extended to include the platted tracts or parcels of land or unplatted land within the corporate limits of the city or town, the city or town clerk shall:

(1) immediately notify, in writing, all registered voters in the territory to be embraced; and

(2) publish a notice as provided in 7-1-4127 .
Mont. Code Ann. § 7-32-4156 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4156
7-32-4156 Appeals to be in writing
Status: in_force

7-32-4156 . Appeals to be in writing. An appeal brought by any member of the police force must be in writing in the form required by the police commission, and a copy must be served upon the mayor, city manager, or chief executive at least 30 days before the time fixed for the hearing of the appeal.
Mont. Code Ann. § 7-14-2830 — MT Code / Title 7 / Chapter 14 / Part 28 / Section 7-14-2830
7-14-2830 Procedure to administer license tax
Status: in_force

7-14-2830 . Procedure to administer license tax. The license tax for a ferry connecting two counties must be paid to the treasurer of the county granting the license issued, but the treasurer of such county must annually pay to the treasury of the county in which the other end or landing of the ferry is located one-half of the sum so received.
Mont. Code Ann. § 7-14-1007 — MT Code / Title 7 / Chapter 14 / Part 10 / Section 7-14-1007
7-14-1007 Tax exemption
Status: in_force

7-14-1007 . Tax exemption. Property in this state acquired for a transportation improvement authority for transportation purposes pursuant to the provisions of this part and income derived by the authority from the ownership, operation, or control of property are exempt from taxation to the same extent as other property used for public purposes.
Mont. Code Ann. § 7-13-2342 — MT Code / Title 7 / Chapter 13 / Part 23 / Section 7-13-2342
7-13-2342 Consolidation of county water and/or sewer districts -- election required
Status: in_force

7-13-2342 . Consolidation of county water and/or sewer districts -- election required. (1) Two or more districts organized under the provisions of part 22 and this part may consolidate at any time upon petitions submitted to the board of directors of each district. The petitions must be in the form required for petitions for the organization of districts. Each petition must be signed by not less than 10% of the qualified electors of the territory included within the district.

(2) The petitions may be granted by ordinance of the board of directors of each district. The ordinances must be submitted for adoption or rejection by the qualified electors.

(3) If the ordinances are approved, the president and secretary of the boards of directors of each district shall certify that fact to the secretary of state and to the county clerk of the county or counties in which the districts are located. On receipt of the certificate, the secretary of state shall within 10 days issue a certificate reciting the passage of the ordinances and the consolidation of the districts. A copy of the certificate must be transmitted to and filed with the county clerk of each county in which the consolidated district is situated.

(4) After the date of the certificate, the districts are considered to be consolidated and consist of one district with all the rights, privileges, and powers set forth in part 22 and this part and necessarily incident to those rights, privileges, and powers.

(5) The number and manner of selection and election of directors of the consolidated district must be the same as the number and manner of selection and election of directors of newly organized districts.
Mont. Code Ann. § 7-2-4915 — MT Code / Title 7 / Chapter 2 / Part 49 / Section 7-2-4915
7-2-4915 Effect of disincorporation on prior legal rights
Status: in_force

7-2-4915 . Effect of disincorporation on prior legal rights. The disincorporation of a city or town does not invalidate or affect any right, penalty, or forfeiture accruing to the city or town or invalidate or affect any contract entered into or imposed upon the corporation, but all the contracted indebtedness and obligations remain unimpaired by reason of the disincorporation of the city or town.
Mont. Code Ann. § 7-15-4209 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4209
7-15-4209 Development of workable urban renewal program
Status: in_force

7-15-4209 . Development of workable urban renewal program. (1) A municipality, for the purposes of this part and part 43, may formulate a workable program for utilizing appropriate private and public resources:

(a) to eliminate and prevent the development or spread of blighted areas;

(b) to encourage needed urban rehabilitation;

(c) to provide for the redevelopment of such areas; or

(d) to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program.

(2) Such workable program may include, without limitation, provision for:

(a) the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards;

(b) the rehabilitation of blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds, and other public improvements; by encouraging voluntary rehabilitation; and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and

(c) the clearance and redevelopment of blighted areas or portions thereof.
Mont. Code Ann. § 7-32-4121 — MT Code / Title 7 / Chapter 32 / Part 41 / Section 7-32-4121
7-32-4121 Action to recover salary
Status: in_force

7-32-4121 . Action to recover salary. (1) Actions to recover salaries by members of the police departments of cities must be commenced within 6 months after the cause of action shall have accrued.

(2) No action for unpaid salary can be maintained by members of the police department of cities except for service actually rendered and, if suspended or placed on the eligible list, then only for the days the member of the police department reports for duty.

(3) The word "action", as used in this section, is to be construed, whenever it is necessary to do so, as including a special proceeding of a civil nature.
Mont. Code Ann. § 7-12-4171 — MT Code / Title 7 / Chapter 12 / Part 41 / Section 7-12-4171
7-12-4171 Treatment of corner lots for purposes of assessment
Status: in_force

7-12-4171 . Treatment of corner lots for purposes of assessment. For the purposes of special assessments levied against property as provided in this part through part 45, when assessments for improvements on both sides of a corner lot are determined in proportion to the lineal footage, the frontage of a corner lot in a platted block is the average of the two abutting sides.
Mont. Code Ann. § 7-2-2701 — MT Code / Title 7 / Chapter 2 / Part 27 / Section 7-2-2701
7-2-2701 Abandonment and consolidation of counties
Status: in_force

7-2-2701 . Abandonment and consolidation of counties. The organization and corporate existence of any county organized under the laws of this state may be abandoned and abolished and the territory within its boundaries may be attached to and made a part of some adjoining county in the manner provided by this part.
Mont. Code Ann. § 7-15-4287 — MT Code / Title 7 / Chapter 15 / Part 42 / Section 7-15-4287
7-15-4287 Provision for use of portion of tax increment
Status: in_force

7-15-4287 . Provision for use of portion of tax increment. (1) At the time of adoption of a tax increment provision or at any time subsequent thereto, the governing body of the local government may provide that a portion of the tax increment from the incremental taxable value be released from segregation by an adjustment of the base taxable value, provided that:

(a) all principal and interest then due on bonds for which the tax increment has been pledged have been fully paid; and

(b) the tax increment resulting from the smaller incremental value is determined by the governing body to be sufficient to pay all principal and interest due later on the bonds.

(2) The adjusted base value determined under subsection (1) must be reported by the clerk to the officers and taxing bodies to which the increment provision is reported.

(3) Thereafter, the adjusted base value is used in determining the mill rates of affected taxing bodies unless the tax increment resulting from the adjustment is determined to be insufficient for this purpose. In this case, the governing body shall reduce the base value to the amount originally determined or to a higher amount necessary to provide tax increments sufficient to pay all principal and interest due on the bonds.