reglab/housing_qa huggingface dataset:
MT Code § 7-11-230 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 11. General Provisions Related to Services|Part 2. Interlocal Cooperation Commission|7-11-230. Procedure for making recommendations

  7-11-230. Procedure for making recommendations. After public hearing, the commission shall submit proposals contained in its comprehensive program for action as follows:   (1) If the comprehensive plan of the commission includes the creation of or any change, alteration, consolidation, dissolution, or annexation with respect to any unit of local government or special district a procedure for which is provided by law upon petition by the people and an election, the commission shall make public its proposal or proposals to the people in the area or areas affected.   (2) If the comprehensive plan includes the consolidation or transfer of the administrative and financial responsibilities for services between or among municipalities and counties, the commission shall make public its recommendation to the electorate of the local governments for referenda as provided for in 7-11-302.   (3) If the comprehensive plan includes any change, alteration, interlocal agreement, consolidation, dissolution, or annexation with respect to any unit of local government or special district which can be carried into effect under existing law by action of the governing bodies of the units affected, the commission shall recommend the necessary action to the governing body or bodies of the units of government concerned.   (4) If the comprehensive plan includes the creation of or any change, alteration, consolidation, dissolution, or annexation with respect to any unit of local government or special district which necessitates enabling legislation or amendments to the general laws or constitution of Montana, the commission shall make such recommendation or recommendations to the ensuing legislature.   History: En. Sec. 13, Ch. 129, L. 1969; R.C.M. 1947, 11-4413; amd. Sec. 11, Ch. 314, L. 1981.
MT Code § 7-11-301 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 11. General Provisions Related to Services|Part 3. Consolidation and Transfer of Services|7-11-301. Purpose

  7-11-301. Purpose. (1) The purpose of this part is to provide procedures for the electors of local governments to consolidate or transfer the administrative and financial responsibility for services between or among municipalities and counties.   (2) Nothing in this part is to be construed as in any way affecting the authority of local governments to enter into interlocal agreements or contracts as provided by law.   History: En. Sec. 1, Ch. 314, L. 1981.
MT Code § 7-11-302 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 11. General Provisions Related to Services|Part 3. Consolidation and Transfer of Services|7-11-302. Consolidation and transfer of services

  7-11-302. Consolidation and transfer of services. (1) A consolidation or transfer of services between or among municipalities may be proposed by a petition of the electors or on a recommendation of an interlocal cooperation commission as provided in 7-11-230.   (2) A petition or recommendation may propose to consolidate or transfer the administrative or financial responsibility or any administrative service, activity, or undertaking that any of the local governments included in the proposed consolidation or transfer are authorized by law to perform.   (3) Notwithstanding the requirements of 7-32-101, a petition or recommendation may propose to consolidate or transfer any law enforcement administrative service, activity, or undertaking between or among local governments.   History: En. Sec. 2, Ch. 314, L. 1981.
MT Code § 7-11-303 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 11. General Provisions Related to Services|Part 3. Consolidation and Transfer of Services|7-11-303. Petition for consolidation or transfer of services

  7-11-303. Petition for consolidation or transfer of services. (1) A petition or recommendation for the consolidation or transfer of the administrative and financial responsibility for services between or among local governments may be presented to the governing bodies of the local governments affected by the consolidation or transfer.   (2) A petition must be signed by at least 15% of the electors registered at the last general election of the local governments affected by the proposed consolidation or transfer.   (3) Whenever the consolidation or transfer of a service between a county and municipality is proposed by petition, the petition must be signed by at least 15% of the electors residing in each municipality included in the service consolidation or transfer and 15% of the electors residing in the remainder of the county.   (4) Upon determination of the sufficiency of the petition or upon receipt of a recommendation of the interlocal cooperation commission, the governing body of each of the local governments affected by the proposed consolidation or transfer shall call an election on the transfer or consolidation as provided in 7-11-307.   History: En. Sec. 3, Ch. 314, L. 1981.
MT Code § 7-11-304 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 11. General Provisions Related to Services|Part 3. Consolidation and Transfer of Services|7-11-304. Service plan

  7-11-304. Service plan. (1) The petitioners or the interlocal cooperation commission shall prepare a service plan governing the service or activity proposed to be transferred or consolidated.   (2) The plan shall provide:   (a) the nature of service or function to be consolidated or transferred;   (b) the effective date of the proposed consolidation or transfer;   (c) the responsibility for administration of the service to be consolidated or transferred, including the succession of the performance of duties currently performed by an elected officer if the elective status of an office is affected;   (d) the manner in which affected employees currently engaged in the performance of the function will be transferred, reassigned, or otherwise treated;   (e) the manner in which real property, facilities, equipment, or other personal property required in the exercise of the function are to be transferred, sold, or otherwise disposed of;   (f) the method of financing, establishing, and maintaining a budget for the service; and   (g) other legal, financial, and administrative arrangements necessary to effect the transfer in an orderly and equitable manner.   (3) The service plan may include provisions for an administrator or joint board responsible for administering any joint or cooperative undertaking.   (4) The service plan shall be attached to the petition or to the interlocal cooperation commission's recommendation when it is submitted to the governing bodies affected by the service consolidation or transfer.   History: En. Sec. 4, Ch. 314, L. 1981.
MT Code § 7-11-305 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 11. General Provisions Related to Services|Part 3. Consolidation and Transfer of Services|7-11-305. Availability of petition or recommendation and service plan

  7-11-305. Availability of petition or recommendation and service plan. (1) Sufficient copies of the petition or recommendation of the interlocal cooperation commission proposing a service consolidation or transfer and the service plan must be made available to the public for inspection at convenient locations and at reasonable hours to provide all interested persons an opportunity to review the recommendations and documents. The copies must be available no later than 30 days prior to an election on the proposal if an election is to be held. If the election is held, it must be held in conjunction with a regular or primary election.   (2) Each local government affected by the proposal may distribute copies of the service plan to its residents.   History: En. Sec. 5, Ch. 314, L. 1981; amd. Sec. 39, Ch. 387, L. 1995.
MT Code § 7-11-306 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 11. General Provisions Related to Services|Part 3. Consolidation and Transfer of Services|7-11-306. Publication of summary and comparison

  7-11-306. Publication of summary and comparison. (1) A summary of the recommendations contained in a petition or recommendation and the service plan proposing the consolidation or transfer of a service or activity must be published at least twice in a newspaper of general circulation in each local government affected by the proposal. The publication must be made during the 2 weeks preceding the election.   (2) The summary must contain a description of the recommendations, a comparison of the existing and proposed methods of service delivery, and a list of locations where the full proposal may be seen or obtained.   (3) The cost of publication required by this section shall be shared by the affected local governments.   History: En. Sec. 6, Ch. 314, L. 1981.
MT Code § 7-11-307 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 11. General Provisions Related to Services|Part 3. Consolidation and Transfer of Services|7-11-307. Election on service consolidation or transfer

  7-11-307. Election on service consolidation or transfer. (1) The governing bodies of each local government affected by a proposed service consolidation or transfer shall jointly call a special election on the question of service consolidation or transfer, to be held in conjunction with a regular or primary election. The county election administrator shall prepare and print notices of the special election.   (2) The cost of the election must be shared by the affected local governments in proportionate shares as agreed to by the governing bodies of the local governments.   History: En. Sec. 7, Ch. 314, L. 1981; amd. Sec. 17, Ch. 250, L. 1985; amd. Sec. 40, Ch. 387, L. 1995.
MT Code § 7-11-308 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 11. General Provisions Related to Services|Part 3. Consolidation and Transfer of Services|7-11-308. General ballot requirements

  7-11-308. General ballot requirements. (1) The question of adopting a service consolidation or transfer shall be submitted to the electors of the local governments affected by the proposal in substantially the following form:   Shall the plan for (consolidation or transfer) of (insert name of service or function) services proposed in the (petition or recommendation of the interlocal cooperation commission) and service plan to the (insert the names of local government units) be adopted?   ☐ YES.   ☐ NO.   (2) If the question of adopting a service consolidation or transfer alters the elective status of any elected county official, it shall be submitted to the electors of the local governments affected by the proposal in substantially the following form:   ☐ For adoption of (consolidation or transfer) of (insert name of service or function) proposed in the (petition or recommendation of the interlocal cooperation commission) and service plan to the (insert names of local government units) in which the office of (insert name of county office) is (insert description of changes in elective status).   ☐ For existing service delivery arrangements.   (3) In any election involving the question of service consolidation or transfer, an affirmative vote of a simple majority of those voting on the question is required for adoption.   (4) If the electors disapprove the proposed service consolidation or transfer, each local government retains its existing service delivery method until changed or modified as provided by law.   (5) Except for nonsubstantive adjustments required to insure efficient and effective operations, a service consolidation or transfer effected by the procedures contained in this part may be amended or otherwise changed only in the same manner as required for its adoption.   History: En. Sec. 8, Ch. 314, L. 1981.
MT Code § 7-11-309 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 11. General Provisions Related to Services|Part 3. Consolidation and Transfer of Services|7-11-309. Effect of adoption of service consolidation or transfer

  7-11-309. Effect of adoption of service consolidation or transfer. The adoption of a service consolidation or transfer does not affect the validity of any bond, debt, contract, collective bargaining agreement, obligation, or cause of action accrued or established by any affected local government prior to the consolidation or transfer.   History: En. Sec. 9, Ch. 314, L. 1981.
MT Code § 7-11-310 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 11. General Provisions Related to Services|Part 3. Consolidation and Transfer of Services|7-11-310. Judicial review

  7-11-310. Judicial review. (1) Judicial review to determine the validity of the procedures used in adopting any service consolidation or transfer may be initiated by petition in district court of 10 or more registered electors of each local government affected by the consolidation or transfer brought within 60 days after the election adopting the service consolidation or transfer. If no petition is filed within that period, compliance with all the procedures required by 7-11-303 through 7-11-310 and the validity of the manner in which the service consolidation or transfer was approved is conclusively presumed.   (2) It is presumed that proper procedure was followed and all procedural requirements were met. The adoption of a service consolidation or transfer may not be considered invalid because of any procedural error or omission unless it is shown that the error or omission materially and substantially affected its adoption.   History: En. Sec. 10, Ch. 314, L. 1981.
MT Code § 7-11-1001 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 11. General Provisions Related to Services|Part 10. Special Districts -- Creation and Governance|7-11-1001. Purpose

  7-11-1001. Purpose. The purpose of this part is to allow for the creation and governance of special districts.   History: En. Sec. 1, Ch. 286, L. 2009.
MT Code § 7-11-1002 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 11. General Provisions Related to Services|Part 10. Special Districts -- Creation and Governance|7-11-1002. Definitions

  7-11-1002. Definitions. As used in this part, the following definitions apply:   (1) "Governing body" means the legislative authority of a local government.   (2) "Local government" means a city, town, county, or consolidated city-county government or any combination of these acting jointly.   (3) (a) "Special district" means a unit of local government that is authorized by law to perform a single function or a limited number of functions.   (b) The term includes but is not limited to cemetery districts, museum districts, park districts, fair districts, solid waste districts, local improvement districts, mosquito control districts, multijurisdictional districts, road districts, rodent control districts, television districts, and districts created for any public or governmental purpose not specifically prohibited by law. The term also includes any district or other entity formed to perform a single or limited number of functions by interlocal agreement.   (c) The term does not include business improvement districts, cattle protective districts, conservancy districts, conservation districts, water and sewer districts, planning and zoning districts, drainage districts, grazing districts, hospital districts, irrigation districts, library districts, livestock protective committees, parking districts, resort area districts, rural improvement districts, special improvement districts, lighting districts, rural fire districts, street maintenance districts, tax increment financing districts, urban transportation districts, water conservation and flood control projects, and weed management districts.   History: En. Sec. 2, Ch. 286, L. 2009.
MT Code § 7-11-1003 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 11. General Provisions Related to Services|Part 10. Special Districts -- Creation and Governance|7-11-1003. Authorization to create special districts

  7-11-1003. Authorization to create special districts. (1) Whenever the public convenience and necessity may require:  (a) the governing body may:   (i) create a special district by resolution pursuant to 7-11-1007, 7-11-1008, and the provisions of 7-11-1009, if applicable; or   (ii) order a referendum on the creation of a special district to serve the inhabitants of the special district as provided in 7-11-1011 and the provisions of 7-11-1009, if applicable; or   (b) petitioners may initiate the creation of a special district to serve inhabitants of the special district as provided in subsection (2).   (2) (a) Upon receipt of a petition to institute the creation of a special district that is signed by at least 40% of the registered voters or by the owners of at least 40% of the real property within the boundary of the proposed special district and that is submitted to the clerk of the governing body, the governing body shall commence proceedings to create a special district as provided in subsection (1)(a).   (b) The form of the petition may be prescribed by the governing body, and the clerk of the governing body shall verify the signatures on the petition.   (c) Subject to subsection (2)(b), the petition must:   (i) require the printed name of each signatory;   (ii) specify whether the signatory is a property taxpayer or owner of real property within the proposed special district and either the street address or the legal description, whichever the signatory prefers, of that property;   (iii) describe the type of special district being proposed and the general character of any proposed improvements and program to be administered within the special district;   (iv) designate the method of financing any proposed improvements or maintenance program within the special district;   (v) include a description of the areas to be included in the proposed special district; and   (vi) specify whether the proposed special district would be administered by the local governing body or an appointed or elected board.   (3) Within 60 days of receipt of a petition to create a special district, the clerk of the governing body shall:   (a) certify that the petition is sufficient under the provisions of subsection (2) and present it to the governing body at its next meeting; or   (b) reject the petition if it is insufficient under the provisions of subsection (2).   (4) A defect in the contents of the petition or in its title, form of notice, or signatures may not invalidate the petition and subsequent proceedings as long as the petition has a sufficient number of qualified signatures attached.   History: En. Sec. 3, Ch. 286, L. 2009; amd. Sec. 1, Ch. 171, L. 2013; amd. Sec. 2, Ch. 500, L. 2021.
MT Code § 7-11-1004 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 11. General Provisions Related to Services|Part 10. Special Districts -- Creation and Governance|7-11-1004. Applicability of part -- grandfathered special districts

  7-11-1004. Applicability of part -- grandfathered special districts. A special district in existence on July 1, 2009, continues in existence and remains subject to the provisions of the statutes under which it was created or established, as those statutes existed on June 30, 2009.   History: En. Sec. 1, Ch. 97, L. 2019.
MT Code § 7-11-1005 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 11. General Provisions Related to Services|Part 10. Special Districts -- Creation and Governance|7-11-1005. reserved

  7-11-1005 reserved.
MT Code § 7-11-1006 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 11. General Provisions Related to Services|Part 10. Special Districts -- Creation and Governance|7-11-1006. Determining special district boundaries

  7-11-1006. Determining special district boundaries. (1) The boundaries of the proposed special district must be mapped, clearly described, and made available to the public at the time of the publication of the notice of public hearing pursuant to 7-11-1007 before the district may be approved.   (2) The governing body or petitioners shall consult with a professional land surveyor, as defined in 37-67-101, to prepare a legal description of the boundaries for the proposed special district.   (3) The boundaries must follow property ownership, precinct, school district, municipal, and county lines as far as practical.   History: En. Sec. 4, Ch. 286, L. 2009; amd. Sec. 2, Ch. 171, L. 2013.
MT Code § 7-11-1007 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 11. General Provisions Related to Services|Part 10. Special Districts -- Creation and Governance|7-11-1007. Public hearing -- resolution of intention to create special district

  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.   History: En. Sec. 5, Ch. 286, L. 2009; amd. Sec. 3, Ch. 171, L. 2013; amd. Sec. 37, Ch. 348, L. 2015; amd. Sec. 3, Ch. 500, L. 2021.