reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4311. Termination of special improvement lighting district

7-12-4311. Termination of special improvement lighting district.
(1) If at any time after the creation of a special improvement lighting district a petition is presented to the city or town council, signed by the owners or agents of more than three-fourths of the total amount of property within the district, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the city or town council votes to discontinue a special improvement lighting district, the city or town council shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system.
(2) If the council has, prior to the presentation of a petition or by a majority vote of the council to discontinue the district, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract.
(3) If the lighting system is maintained and operated by a public utility, the maintenance and operation must be discontinued in accordance with the public utility's applicable tariff schedule.
History: En. Sec. 10, Ch. 143, L. 1915; re-en. Sec. 5269, R.C.M. 1921; amd. Sec. 5, Ch. 143, L. 1927; re-en. Sec. 5269, R.C.M. 1935; R.C.M. 1947, 11-2255; amd. Sec. 2, Ch. 127, L. 1997; amd. Sec. 3, Ch. 159, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4321. Apportionment of costs

7-12-4321. Apportionment of costs.
The portion of the entire cost of erecting and maintaining the posts, wires, pipes, conduits, lamps, and other suitable or necessary appliances for the purpose of lighting said streets or public highways and of the annual cost of supplying electrical current for and maintaining the lights thereon in such districts, all or any portion as shall be determined by the city or town council, shall be borne by the property embraced within said district.
History: En. Sec. 2, Ch. 143, L. 1915; re-en. Sec. 5260, R.C.M. 1921; amd. Sec. 2, Ch. 143, L. 1927; re-en. Sec. 5260, R.C.M. 1935; R.C.M. 1947, 11-2246(part); amd. Sec. 2, Ch. 521, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4322. Choice in manner of making assessments

7-12-4322. Choice in manner of making assessments.
The city or town council, for the purpose of making the assessment, shall adopt one of the methods specified in 7-12-4323 or 7-12-4324.
History: En. Sec. 2, Ch. 143, L. 1915; re-en. Sec. 5260, R.C.M. 1921; amd. Sec. 2, Ch. 143, L. 1927; re-en. Sec. 5260, R.C.M. 1935; R.C.M. 1947, 11-2246(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4323. Assessment of costs -- area or taxable valuation option -- equal assessment option

7-12-4323. Assessment of costs -- area or taxable valuation option -- equal assessment option.
(1) The city council may assess the entire cost of the lighting improvement against the entire district, each lot or parcel of land within the district to be assessed for that part of the whole cost that its:
(a) area bears to the area of the entire district, exclusive of streets, avenues, alleys, and public places; or
(b) taxable valuation, including improvements, bears to the taxable valuation of the entire district.
(2) The city council may assess the cost equally against each of the lots or parcels located within the district.
(3) The council, in its discretion, may pay the whole or any part of the cost of any street, avenue, or alley intersection out of any funds available for that purpose or include the whole or any part of the costs within the amount of the assessment to be paid by the property in the district.
(4) In order to apportion the cost of any of the improvements provided in this part between the corner lot and the inside lots of a block, the council may, in the resolution creating a district, provide that whenever any of the improvements provided in this part are located along a side street or bordering or abutting upon the side of a corner lot of a block, the amount of the assessment against the property in the district to defray the cost of the improvements must be assessed so that each square foot of the land embraced within the corner lot bears double the amount of the cost of the improvement that a square foot of an inside lot bears.
History: En. Sec. 2, Ch. 143, L. 1915; re-en. Sec. 5260, R.C.M. 1921; amd. Sec. 2, Ch. 143, L. 1927; re-en. Sec. 5260, R.C.M. 1935; R.C.M. 1947, 11-2246(a); amd. Sec. 1, Ch. 682, L. 1983; amd. Sec. 2, Ch. 154, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4324. Assessment of costs -- frontage option

7-12-4324. Assessment of costs -- frontage option.
(1) The city council shall assess the cost of the improvements against the entire district, each lot or parcel of land within the district bordering or abutting upon the streets whereon or wherein the improvement has been made to bear costs in proportion to the lineal feet abutting or bordering the streets.
(2) The council, in its discretion, may pay the whole or any part of the cost of any street, avenue, or alley intersection out of any funds in its hands available for that purpose or include the whole or any part of such costs within the amount of the assessment to be paid by the property in the district.
History: En. Sec. 2, Ch. 143, L. 1915; re-en. Sec. 5260, R.C.M. 1921; amd. Sec. 2, Ch. 143, L. 1927; re-en. Sec. 5260, R.C.M. 1935; R.C.M. 1947, 11-2246(b); amd. Sec. 15, Ch. 251, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4325. Incidental expenses considered as costs of improvements

7-12-4325. Incidental expenses considered as costs of improvements.
The cost and expense connected with and incidental to the formation of the district, including the cost of preparation of plans, specifications, maps, and plats; engineering, superintendence, and inspection, including the compensation of the city engineer for work done; the cost of printing and advertising as provided in this part; and the preparation of assessment rolls must be considered a part of the cost and expenses of making the improvements within the special improvement district.
History: En. Sec. 5, Ch. 143, L. 1915; re-en. Sec. 5264, R.C.M. 1921; re-en. Sec. 5264, R.C.M. 1935; R.C.M. 1947, 11-2250(part); amd. Sec. 556, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4326. Treatment of federal lands within lighting district

7-12-4326. Treatment of federal lands within lighting district.
Whenever any lot, piece, or parcel of land belonging to the United States (or mandatory of the government) shall be included within the boundaries of the proposed special improvement lighting district declared by the city or town council in its resolution of intention to be the district to be assessed to pay the costs and expenses thereof, said council shall, in the resolution of intention, declare that said lots, pieces, or parcels of land shall be omitted from the assessment thereafter to be made to cover the costs and expenses of said work or improvement. The cost of said work or improvement which would have been assessed against said lots shall be paid by the city from its general fund.
History: En. Sec. 12, Ch. 143, L. 1915; re-en. Sec. 5271, R.C.M. 1921; amd. Sec. 6, Ch. 143, L. 1927; re-en. Sec. 5271, R.C.M. 1935; R.C.M. 1947, 11-2257.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4327. Assessment of costs of lighting district to certain lands lying outside of municipality

7-12-4327. Assessment of costs of lighting district to certain lands lying outside of municipality.
The city or town council may make assessments in the manner provided in 7-12-4301 on property abutting the street or highway and lying outside the boundaries of the city or town, as long as that portion of the street or public highway to be lighted is adjacent to the boundary line of the city or town, lies partially within the city or town, or extends from one point within the city or town to another point within the city or town.
History: En. Sec. 1, Ch. 89, L. 1913; re-en. Sec. 5225, R.C.M. 1921; re-en. Sec. 5225, R.C.M. 1935; amd. Sec. 1, Ch. 136, L. 1967; amd. Ch. 280, L. 1971; amd. Sec. 28, Ch. 566, L. 1977; R.C.M. 1947, 11-2201(9).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4328. Resolution to provide for assessment of costs of installation

7-12-4328. Resolution to provide for assessment of costs of installation.
(1) It shall be the duty of the city or town council to ascertain the cost of installing such lighting system and, on or before the first Monday in October, to pass and finally adopt a resolution levying and assessing all of the property embraced within said district with all or any portion of the entire cost of installing the same; each lot or parcel of land in said district to be assessed in accordance with the method adopted by the city council as provided in 7-12-4321 through 7-12-4324.
(2) Any such resolution shall contain a list in which shall be described each lot or parcel of land, either the total number of square feet of property contained therein or the total number of linear feet abutting the improvements as may be required to determine the total assessment in the district, and the amount levied against each lot or parcel of land set opposite.
(3) Such resolution, signed by the mayor and city clerk, shall be kept on file in the office of the city clerk.
History: En. Sec. 6, Ch. 143, L. 1915; re-en. Sec. 5265, R.C.M. 1921; amd. Sec. 4, Ch. 143, L. 1927; amd. Sec. 1, Ch. 26, L. 1929; re-en. Sec. 5265, R.C.M. 1935; R.C.M. 1947, 11-2251(part); amd. Sec. 3, Ch. 521, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4329. Notice of resolution for assessment of installation costs -- hearing on resolution

7-12-4329. Notice of resolution for assessment of installation costs -- hearing on resolution.
(1) A notice, signed by the city clerk, stating that the resolution levying the assessment to defray the portion of the cost of installing and maintaining the lights and supplying electrical current for the first year as determined by the city or town council is on file in the city clerk's office subject to inspection, must be published as provided in 7-1-4127.
(2) The notice must state the time and place at which objections to the final adoption of the resolution will be heard by the council. The time for the hearing may not be less than 5 days after the final publication of the notice.
History: En. Sec. 6, Ch. 143, L. 1915; re-en. Sec. 5265, R.C.M. 1921; amd. Sec. 4, Ch. 143, L. 1927; amd. Sec. 1, Ch. 26, L. 1929; re-en. Sec. 5265, R.C.M. 1935; R.C.M. 1947, 11-2251(part); amd. Sec. 26, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4330. Hearing on resolution for assessment of installation costs

7-12-4330. Hearing on resolution for assessment of installation costs.
(1) At the time so fixed, the council shall meet and hear all such objections and for the purpose may adjourn from day to day and may modify such resolution in whole or in part.
(2) A copy of such resolution as finally adopted, certified by the city clerk, must be delivered within 2 days after its passage to the city treasurer.
History: En. Sec. 6, Ch. 143, L. 1915; re-en. Sec. 5265, R.C.M. 1921; amd. Sec. 4, Ch. 143, L. 1927; amd. Sec. 1, Ch. 26, L. 1929; re-en. Sec. 5265, R.C.M. 1935; R.C.M. 1947, 11-2251(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4331. Lighting district fund established

7-12-4331. Lighting district fund established.
All money derived from the collection of the assessments provided for in 7-12-4328 through 7-12-4330 shall constitute a fund to be known as the special improvement lighting district No. .... fund.
History: En. Sec. 6, Ch. 143, L. 1915; re-en. Sec. 5265, R.C.M. 1921; amd. Sec. 4, Ch. 143, L. 1927; amd. Sec. 1, Ch. 26, L. 1929; re-en. Sec. 5265, R.C.M. 1935; R.C.M. 1947, 11-2251(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4332. Resolution to provide for assessment of maintenance costs

7-12-4332. Resolution to provide for assessment of maintenance costs.
It shall be the duty of the city or town council to estimate, as nearly as practicable, the cost of maintaining such lights and furnishing electrical current therefor each year and the portion thereof to be assessed against the property embraced within the district and, before the first Monday in October, to pass and finally adopt a resolution levying and assessing said property within said district with an amount equal to the proportion of the cost of such maintenance and electrical current so determined to be especially assessed against said property.
History: En. Sec. 7, Ch. 143, L. 1915; re-en. Sec. 5266, R.C.M. 1921; amd. Sec. 1, Ch. 17, L. 1923; amd. Sec. 7, Ch. 143, L. 1927; re-en. Sec. 5266, R.C.M. 1935; amd. Sec. 1, Ch. 162, L. 1943; R.C.M. 1947, 11-2252(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4333. Procedure for resolution for assessment of maintenance costs

7-12-4333. Procedure for resolution for assessment of maintenance costs.
Said resolution levying and assessing said portion of the cost of maintenance and for furnishing electrical current therefor shall be prepared and certified to in the same manner as the resolution provided for in 7-12-4328 through 7-12-4330, and the same notice and hearing shall be given thereon. This resolution shall be adopted and certified and the assessment collected in the same manner, as nearly as may be, in the case of the resolution provided for in 7-12-4328 through 7-12-4331.
History: En. Sec. 7, Ch. 143, L. 1915; re-en. Sec. 5266, R.C.M. 1921; amd. Sec. 1, Ch. 17, L. 1923; amd. Sec. 7, Ch. 143, L. 1927; re-en. Sec. 5266, R.C.M. 1935; amd. Sec. 1, Ch. 162, L. 1943; R.C.M. 1947, 11-2252(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4334. Lighting district maintenance fund

7-12-4334. Lighting district maintenance fund.
All money derived from the collection of the assessment provided for in the resolution required by 7-12-4333 shall be paid into a fund known as the special improvement lighting district No. .... maintenance fund, the number of which shall correspond with the number of the lighting district, for the maintenance of and the supplying of current for which the tax is levied. Such fund shall be used to defray the expense of maintaining and furnishing electrical current for the lights in said district and for no other purpose.
History: En. Sec. 7, Ch. 143, L. 1915; re-en. Sec. 5266, R.C.M. 1921; amd. Sec. 1, Ch. 17, L. 1923; amd. Sec. 7, Ch. 143, L. 1927; re-en. Sec. 5266, R.C.M. 1935; amd. Sec. 1, Ch. 162, L. 1943; R.C.M. 1947, 11-2252(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4335. Change of boundaries of maintenance district

7-12-4335. Change of boundaries of maintenance district.
The city or town council shall have the power, not more than once in a year, to change by resolution the boundaries and number of any maintenance district, but such change of boundaries shall not affect indebtedness existing at the time of such change.
History: En. Sec. 7, Ch. 143, L. 1915; re-en. Sec. 5266, R.C.M. 1921; amd. Sec. 1, Ch. 17, L. 1923; amd. Sec. 7, Ch. 143, L. 1927; re-en. Sec. 5266, R.C.M. 1935; amd. Sec. 1, Ch. 162, L. 1943; R.C.M. 1947, 11-2252(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4336. Effect of mistake as to property ownership

7-12-4336. Effect of mistake as to property ownership.
When, under any of the provisions of this part, special taxes and assessments are assessed against any lot or parcel of land as the property of a particular person, no misnomer of the owner or supposed owner or other mistake relating to the ownership thereof shall affect such assessment or render it void or voidable.
History: En. Sec. 8, Ch. 143, L. 1915; re-en. Sec. 5267, R.C.M. 1921; re-en. Sec. 5267, R.C.M. 1935; R.C.M. 1947, 11-2253.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4337. Incorporation of procedures to correct errors and omissions

7-12-4337. Incorporation of procedures to correct errors and omissions.
All remedies, provisions, and means provided by existing laws or by the ordinances of any city availing itself of the provisions of this part which are for the correction of errors or omissions in the adoption of any resolution or proceeding or in the levy of any assessment or for the collection thereof, for the enforcement of any such levy by the sale of the property against which the assessment is made, or for the redemption of the property from such sale or which are otherwise applicable to the administration of this part are available in the administration of this part as if such remedies, provisions, and means were contained in this part.
History: En. Sec. 9, Ch. 143, L. 1915; re-en. Sec. 5268, R.C.M. 1921; re-en. Sec. 5268, R.C.M. 1935; R.C.M. 1947, 11-2254; amd. Sec. 16, Ch. 251, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4338. Assessments to have effect of lien

7-12-4338. Assessments to have effect of lien.
Any special assessment levied and made for any purpose aforesaid, together with all costs and penalties, shall constitute a lien upon and against the property upon which assessment is made and levied from and after the date of the final passage and adoption of the resolution levying the same. The lien can only be extinguished by payment of such assessment, with all penalties, costs, and interest, or otherwise as provided by law.
History: En. Sec. 7, Ch. 143, L. 1915; re-en. Sec. 5266, R.C.M. 1921; amd. Sec. 1, Ch. 17, L. 1923; amd. Sec. 7, Ch. 143, L. 1927; re-en. Sec. 5266, R.C.M. 1935; amd. Sec. 1, Ch. 162, L. 1943; R.C.M. 1947, 11-2252(3).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4341. Financing of lighting district improvements

7-12-4341. Financing of lighting district improvements.
All costs and expenses incurred in the construction of the improvements specified in this part shall be paid for by special improvement lighting district bonds or warrants, in such form as may be prescribed by ordinance, drawn against a fund to be known as the special improvement lighting district No. .... fund.
History: En. Sec. 4, Ch. 143, L. 1915; re-en. Sec. 5263, R.C.M. 1921; re-en. Sec. 5263, R.C.M. 1935; amd. Sec. 1, Ch. 55, L. 1947; amd. Sec. 18, Ch. 234, L. 1971; R.C.M. 1947, 11-2249(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4342. Details relating to lighting district bonds and warrants

7-12-4342. Details relating to lighting district bonds and warrants.
(1) Warrants or bonds issued pursuant to 7-12-4341 must be in the denomination of $100 or fractions or multiples of $100 and may be issued in installments.
(2) The warrants or bonds must be redeemed by the treasurer when there is money available for redemption in the fund against which the warrants or bonds are issued and must bear interest from the date of registration of the warrants or bonds until called for redemption or paid in full, interest to be payable annually on January 1 of each year as expressed by the interest coupon attached to the warrant or bond, which may bear the engraved facsimile signature of the mayor and city clerk.
(3) The warrants or bonds may extend over a period not to exceed 20 years.
(4) The requirements of 7-12-4341 and this section apply to all special improvement lighting districts, including those in the process of formation or to be formed on or after July 1, 1997.
History: En. Sec. 4, Ch. 143, L. 1915; re-en. Sec. 5263, R.C.M. 1921; re-en. Sec. 5263, R.C.M. 1935; amd. Sec. 1, Ch. 55, L. 1947; amd. Sec. 18, Ch. 234, L. 1971; R.C.M. 1947, 11-2249(part); amd. Sec. 3, Ch. 127, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4345. Water user entities exempt from special assessments

7-12-4345. Water user entities exempt from special assessments.
Rights-of-way, ditches, flumes, pipelines, dams, water rights, reservoirs, equipment, machinery, motor vehicles, and other personal property owned by a nonprofit water company, water users' association, irrigation company, canal company, ditch company, reservoir company, or similar nonprofit water user entity are exempt from every special assessment imposed by any improvement or maintenance district created under Title 7, chapter 12.
History: En. Sec. 1, Ch. 276, L. 1987.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4351. Major modification of existing lighting district

7-12-4351. Major modification of existing lighting district.
(1) The council of any city or town is authorized to:
(a) modify an existing special improvement lighting district by changing the number and spacing of lights, replacing overhead transmission lines with underground lines, increasing or decreasing the level of illumination, or making other major modifications required by the public interest and convenience;
(b) require that all or any part of the cost of the modification be paid by the owners of the property within the district; and
(c) assess and collect all or any part of the cost of the modification by special assessment against the property within the district.
(2) Before modifying an existing lighting district, the city council shall adopt a resolution of intention to do so, either by motion of the council or upon presentation of a petition signed by the owners or agents of at least 10% of the property within the district.
(3) The provisions in 7-12-4302 through 7-12-4305 for the content of the resolution, public notice, protest, and consideration of protest that apply to the creation of a special improvement lighting district also apply to the modification of an existing special improvement lighting district authorized by this section.
History: En. Sec. 1, Ch. 46, L. 1987.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4352. Jurisdiction to modify lighting district

7-12-4352. Jurisdiction to modify lighting district.
If no protests have been delivered to the clerk of the city or town council within 15 days of the date of the first publication of the notice of the passage of the resolution of intention required by 7-12-4351 or if a protest has been found to be insufficient or has been overruled, the city or town council is considered to have acquired jurisdiction to order the proposed modification.
History: En. Sec. 2, Ch. 46, L. 1987.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4353. Objections to irregular proceedings or manner of making modification

7-12-4353. Objections to irregular proceedings or manner of making modification.
An objection to the proceedings or the manner of making modifications to an existing special improvement lighting district under the provisions of this part must be made in accordance with the provisions of 7-12-4307.
History: En. Sec. 3, Ch. 46, L. 1987; amd. Sec. 557, Ch. 61, L. 2007; amd. Sec. 4, Ch. 159, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4354. Minor modifications exempt

7-12-4354. Minor modifications exempt.
Nothing in 7-12-4351 through 7-12-4354 prevents the city or town council from eliminating unnecessary lights, relocating individual lights, upgrading lights and lighting-related facilities in the interest of energy conservation, or making other minor modifications in a special improvement lighting district without following the procedures described in 7-12-4351 through 7-12-4353. For the purposes of this section, "minor modifications" includes but is not limited to adding properties or lights if the additions:
(1) reduce assessments within the maintenance district; or
(2) increase the average assessments within the maintenance district by 3% or less in a fiscal year.
History: En. Sec. 4, Ch. 46, L. 1987; amd. Sec. 4, Ch. 127, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 44. Special Provisions for Street Maintenance Districts › 7-12-4401. Street maintenance district authorized -- definition

7-12-4401. Street maintenance district authorized -- definition.
(1) Whenever the council of a city or town desires to create a district for the maintenance of all or part of the streets or avenues of its city or town as provided in this part, it shall provide by ordinance a method of doing the maintenance and of paying for the maintenance under the restrictions and regulations provided in this part.
(2) "Maintenance" as used in this part includes but is not limited to sprinkling, graveling, oiling, chip sealing, seal coating, overlaying, treating, general cleaning, sweeping, flushing, snow removal, leaf and debris removal, the operation, maintenance, and repair of traffic signal systems, the repair of traffic signs, the placement and maintenance of pavement markings, curb and gutter repair, and minor sidewalk repair that includes cracking, chipping, sinking, and replacement of not more than 6 feet of sidewalk in any 100-foot portion of sidewalk.
History: En. Sec. 24, p. 218, L. 1897; re-en. Sec. 3390, Rev. C. 1907; re-en. Sec. 5272, R.C.M. 1921; amd. Sec. 1, Ch. 97, L. 1927; re-en. Sec. 5272, R.C.M. 1935; R.C.M. 1947, 11-2263; amd. Sec. 3, Ch. 212, L. 1983; amd. Sec. 1, Ch. 188, L. 1999; amd. Sec. 1, Ch. 231, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 44. Special Provisions for Street Maintenance Districts › 7-12-4402. Creation of maintenance districts

7-12-4402. Creation of maintenance districts.
A resolution shall be adopted dividing the whole or any part of the city or town into maintenance districts, to be known and designated by number. Said resolution shall plainly define the boundaries of the district or districts and describe the streets, alleys, and public places or any part thereof constituting the district or districts.
History: En. Sec. 25, p. 218, L. 1897; re-en. Sec. 3391, Rev. C. 1907; re-en. Sec. 5273, R.C.M. 1921; re-en. Sec. 5273, R.C.M. 1935; R.C.M. 1947, 11-2264; amd. Sec. 4, Ch. 212, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 44. Special Provisions for Street Maintenance Districts › 7-12-4403. Alteration of maintenance districts

7-12-4403. Alteration of maintenance districts.
When once defined, maintenance districts may not be changed during the same calendar year but may be changed by resolution in any succeeding year.
History: En. Sec. 26, p. 218, L. 1897; re-en. Sec. 3392, Rev. C. 1907; re-en. Sec. 5274, R.C.M. 1921; re-en. Sec. 5274, R.C.M. 1935; R.C.M. 1947, 11-2265; amd. Sec. 5, Ch. 212, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 44. Special Provisions for Street Maintenance Districts › 7-12-4404. Manner of providing maintenance

7-12-4404. Manner of providing maintenance.
The maintenance in districts so established may be done by contract or by forces employed by the city or town or by both, in such manner as the council may elect.
History: En. Sec. 27, p. 218, L. 1897; amd. Sec. 3, Ch. 123, L. 1903; re-en. Sec. 3393, Rev. C. 1907; re-en. Sec. 5275, R.C.M. 1921; re-en. Sec. 5275, R.C.M. 1935; R.C.M. 1947, 11-2266(part); amd. Sec. 6, Ch. 212, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 44. Special Provisions for Street Maintenance Districts › 7-12-4405. Improvements within maintenance districts -- ordinance required

7-12-4405. Improvements within maintenance districts -- ordinance required.
(1) (a) Cities and towns may prepare and improve streets, avenues, and alleys within the maintenance districts so that the maintenance will be of a durable and continuing benefit. The city or town council shall provide by ordinance a method or methods of doing the work and improvements.
(b) For the purposes of this section, "improvements" includes but is not limited to the installation of traffic signs, new curb and gutter construction, and widening of existing streets.
(2) Cities and towns are authorized to maintain the work and improvements made under subsection (1).
(3) At least 12 days must elapse between the day on which the proposed ordinance is introduced and the day on which final action on the ordinance is taken.
History: (1)En. Sec. 1, Ch. 12, Ex. L. 1933; re-en. Sec. 5271.1, R.C.M. 1935; Sec. 11-2258, R.C.M. 1947; (2)En. Sec. 3, Ch. 12, Ex. L. 1933; re-en Sec. 5271.3, R.C.M. 1935; Sec. 11-2260, R.C.M. 1947; (3)En. Sec. 5, Ch. 12, Ex. L. 1933; re-en. Sec. 5271.5, R.C.M. 1935; Sec. 11-2262, R.C.M. 1947; R.C.M. 1947, 11-2258, 11-2260, 11-2262(part); amd. Sec. 7, Ch. 212, L. 1983; amd. Sec. 2, Ch. 188, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 44. Special Provisions for Street Maintenance Districts › 7-12-4406. Notice of ordinance for improvements

7-12-4406. Notice of ordinance for improvements.
The city or town clerk must give notice of the introduction of the proposed ordinance and of the time it will be up for final adoption. The notice must be published as provided in 7-1-4127.
History: En. Sec. 5, Ch. 12, Ex. L. 1933; re-en. Sec. 5271.5, R.C.M. 1935; R.C.M. 1947, 11-2262(part); amd. Sec. 8, Ch. 212, L. 1983; amd. Sec. 27, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 44. Special Provisions for Street Maintenance Districts › 7-12-4407. Protest against ordinance for improvements

7-12-4407. Protest against ordinance for improvements.
No further action shall be taken upon the proposed district for 1 year if a written protest against passage of the proposed ordinance is filed by:
(1) owners of property within the proposed maintenance district having a taxable valuation, when aggregated, representing not less than 50% of the total taxable valuation of property within the district;
(2) not less than 50% of the owners of property within the district; or
(3) owners of property within the proposed maintenance district having projected assessments, when aggregated, representing not less than 50% of the total projected assessments for property within the district.
History: En. Sec. 5, Ch. 12, Ex. L. 1933; re-en. Sec. 5271.5, R.C.M. 1935; R.C.M. 1947, 11-2262(part); amd. Sec. 9, Ch. 212, L. 1983; amd. Sec. 5, Ch. 657, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 44. Special Provisions for Street Maintenance Districts › 7-12-4421. Choice in manner of making assessments

7-12-4421. Choice in manner of making assessments.
The assessments for the costs and expenses of maintaining streets, alleys, and public places shall be made against all of the property embraced within each maintenance district by one of the methods provided in 7-12-4422.
History: En. Sec. 28, p. 218, L. 1897; re-en. Sec. 3394, Rev. C. 1907; re-en. Sec. 5276, R.C.M. 1921; amd. Sec. 2, Ch. 97, L. 1927; re-en. Sec. 5276, R.C.M. 1935; R.C.M. 1947, 11-2267(part); amd. Sec. 10, Ch. 212, L. 1983; amd. Sec. 1, Ch. 657, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 44. Special Provisions for Street Maintenance Districts › 7-12-4422. Assessment of costs

7-12-4422. Assessment of costs.
(1) For the purposes of this section, "assessable area" means the portion of a lot or parcel of land that is benefited by the maintenance district. The assessable area may be less than but may not exceed the actual area of the lot or parcel.
(2) The city council shall assess the percentage of the cost of maintenance established in 7-12-4425 against the entire district as follows:
(a) each lot or parcel of land within the district may be assessed for that part of the cost that its assessable area bears to the assessable area of the entire district, exclusive of streets, avenues, alleys, and public places;
(b) each lot or parcel of land within the district abutting upon a street upon which maintenance is done may be assessed for that part of the cost that its street frontage bears to the street frontage of the entire district;
(c) if the city council determines that the benefits derived from the maintenance by each lot or parcel are substantially equivalent, the cost may be assessed equally to each lot or parcel located within the district without regard to the assessable area of the lot or parcel;
(d) each lot or parcel of land, including the improvements on the lot or parcel, may be assessed for that part of the cost of the district that its taxable valuation bears to the total taxable valuation of the property of the district;
(e) each lot or parcel of land within the district may be assessed for that part of the cost that the reasonably estimated vehicle trips generated for a lot or parcel of its size in its zoning classification bear to the reasonably estimated vehicle trips generated for all lots in the district based on their size and zoning classification;
(f) any other assessment method provided in 7-11-1024 may be used; or
(g) any combination of the assessment options provided in subsections (2)(a) through (2)(f) may be used for the district as a whole or for any lot or parcel within the district.
History: En. Sec. 28, p. 218, L. 1897; re-en. Sec. 3394, Rev. C. 1907; re-en. Sec. 5276, R.C.M. 1921; amd. Sec. 2, Ch. 97, L. 1927; re-en. Sec. 5276, R.C.M. 1935; R.C.M. 1947, 11-2267(2); amd. Sec. 2, Ch. 657, L. 1985; amd. Sec. 1, Ch. 178, L. 1987; amd. Sec. 1, Ch. 567, L. 2005; amd. Sec. 1, Ch. 139, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 44. Special Provisions for Street Maintenance Districts › 7-12-4423. Repealed

7-12-4423. Repealed.
Sec. 6, Ch. 657, L. 1985.
History: En. Sec. 28, p. 218, L. 1897; re-en. Sec. 3394, Rev. C. 1907; re-en. Sec. 5276, R.C.M. 1921; amd. Sec. 2, Ch. 97, L. 1927; re-en. Sec. 5276, R.C.M. 1935; R.C.M. 1947, 11-2267(1); amd. Sec. 11, Ch. 212, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 44. Special Provisions for Street Maintenance Districts › 7-12-4424. Repealed

7-12-4424. Repealed.
Sec. 6, Ch. 657, L. 1985.
History: En. Sec. 28, p. 218, L. 1897; re-en. Sec. 3394, Rev. C. 1907; re-en. Sec. 5276, R.C.M. 1921; amd. Sec. 2, Ch. 97, L. 1927; re-en. Sec. 5276, R.C.M. 1935; R.C.M. 1947, 11-2267(3); amd. Sec. 12, Ch. 212, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 44. Special Provisions for Street Maintenance Districts › 7-12-4425. Resolution for assessment of costs of maintenance

7-12-4425. Resolution for assessment of costs of maintenance.
(1) The city council shall estimate, as near as practicable, the cost of maintenance in each established district annually, not later than the second Monday in August. The council shall pass and finally adopt a resolution specifying the district assessment option and levying and assessing all the property within the several districts with an amount equal to not less than 75% of the entire cost of said work.
(2) The resolution levying the assessment to defray the cost of maintenance shall contain or refer to a list in which shall be described the lot or parcel of land assessed, with the name of the owner thereof if known, and the amount levied thereon set opposite.
(3) Such resolution shall be kept on file in the office of the city clerk.
History: (1)En. Sec. 27, p. 218, L. 1897; amd. Sec. 3, Ch. 123, L. 1903; re-en. Sec. 3393, Rev. C. 1907; re-en. Sec. 5275, R.C.M. 1921; re-en. Sec. 5275, R.C.M. 1935; Sec. 11-2266, R.C.M. 1947; (2), (3)En. Sec. 29, p. 218, L. 1897; re-en. Sec. 3395, Rev. C. 1907; re-en. Sec. 5277, R.C.M. 1921; re-en. Sec. 5277, R.C.M. 1935; Sec. 11-2268, R.C.M. 1947; R.C.M. 1947, 11-2266(part), 11-2268(part); amd. Sec. 13, Ch. 212, L. 1983; amd. Sec. 3, Ch. 657, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 44. Special Provisions for Street Maintenance Districts › 7-12-4426. Notice of resolution for assessment

7-12-4426. Notice of resolution for assessment.
(1) A notice, signed by the city clerk, stating that the resolution levying a special assessment or changing the method of assessment to defray the cost of maintenance in the district or districts is on file in the city clerk's office and subject to inspection, must be published as provided in 7-1-4127.
(2) The notice must state the time and place at which objections to the final adoption of the resolution will be heard by the council and must contain a statement setting out the method of assessment being proposed for adoption or the change in the method of assessment that is being proposed for adoption. The time for the hearing must be at least 5 days after the final publication of the notice.
History: En. Sec. 29, p. 218, L. 1897; re-en. Sec. 3395, Rev. C. 1907; re-en. Sec. 5277, R.C.M. 1921; re-en. Sec. 5277, R.C.M. 1935; R.C.M. 1947, 11-2268(part); amd. Sec. 17, Ch. 251, L. 1979; amd. Sec. 14, Ch. 212, L. 1983; amd. Sec. 3, Ch. 188, L. 1999; amd. Sec. 28, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 44. Special Provisions for Street Maintenance Districts › 7-12-4427. Hearing on resolution for assessment of costs

7-12-4427. Hearing on resolution for assessment of costs.
(1) At the time so set, the council shall meet and hear all objections which may be made to such assessment or any part thereof and may adjourn from time to time for that purpose and may by resolution modify such assessment in whole or in part.
(2) A copy of the resolution, certified by the city clerk, must be delivered to the financial officer, and the assessments shall be placed upon the tax roll and collected in the same manner as other taxes.
History: En. Sec. 29, p. 218, L. 1897; re-en. Sec. 3395, Rev. C. 1907; re-en. Sec. 5277, R.C.M. 1921; re-en. Sec. 5277, R.C.M. 1935; R.C.M. 1947, 11-2268(part); amd. Sec. 15, Ch. 212, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 44. Special Provisions for Street Maintenance Districts › 7-12-4428. Assessment of costs of improvements and maintenance of improvements

7-12-4428. Assessment of costs of improvements and maintenance of improvements.
Cities and towns are authorized to assess the cost of the work, improvements, and maintenance authorized by 7-12-4405 against the property in maintenance districts in the manner and as provided in 7-12-4421 and 7-12-4422 to meet the payments required to be made each year.
History: En. Sec. 4, Ch. 12, Ex. L. 1933; re-en. Sec. 5271.4, R.C.M. 1935; R.C.M. 1947, 11-2261; amd. Sec. 16, Ch. 212, L. 1983; amd. Sec. 4, Ch. 657, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 44. Special Provisions for Street Maintenance Districts › 7-12-4429. Financial assistance options

7-12-4429. Financial assistance options.
Cities and towns are authorized to:
(1) enter into suitable agreements with the United States of America, the state of Montana, or a building and loan association, savings and loan association, bank, or credit union that is a regulated lender as defined in 31-1-111 for loans of money and for receiving financial assistance to do the work and improvements contemplated by 7-12-4405; and
(2) provide for the repayment of the loans by yearly payments from funds derived from districts created under 7-12-4402, apportioned over a period of time not exceeding 20 years.
History: En. Sec. 2, Ch. 12, Ex. L. 1933; re-en. Sec. 5271.2, R.C.M. 1935; R.C.M. 1947, 11-2259; amd. Sec. 17, Ch. 212, L. 1983; amd. Sec. 18, Ch. 370, L. 1987; amd. Sec. 1, Ch. 100, L. 2009; amd. Sec. 2, Ch. 139, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 44. Special Provisions for Street Maintenance Districts › 7-12-4436. Water user entities exempt from special assessments

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.
History: En. Sec. 1, Ch. 276, L. 1987.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 45. Special Provisions for Street Parking Districts › 7-12-4501. Abandonment of street parking improvement district -- resolution

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.
History: En. Sec. 1, Ch. 38, L. 1951; R.C.M. 1947, 11-2285(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 45. Special Provisions for Street Parking Districts › 7-12-4502. Notice of intention to abandon district

7-12-4502. Notice of intention to abandon district.
(1) After the passage of the resolution provided for in 7-12-4501, the city or town clerk shall publish a notice as provided in 7-1-4127 of the intention to abandon.
(2) The notice must specify the boundaries of the district to be abandoned, the date of the passage of the resolution of intention to abandon, and the date set for the passage of the resolution of abandonment and that unless 40% of the owners in the district file written protest with the clerk of the city or town before the passage of the resolution, it will be passed. The notice must also set forth, when applicable, that it is the duty of the owners of the property abutting on the street parking district involved to maintain the property after the abandonment.
History: En. Sec. 1, Ch. 38, L. 1951; R.C.M. 1947, 11-2285(part); amd. Sec. 29, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 45. Special Provisions for Street Parking Districts › 7-12-4503. Protest to abandonment of district

7-12-4503. Protest to abandonment of district.
Unless 40% of the property owners owning property abutting the district file written protests against the abandonment by the date set for the passage of the resolution of abandonment, the council shall pass a resolution declaring the district abandoned.
History: En. Sec. 1, Ch. 38, L. 1951; R.C.M. 1947, 11-2285(part); amd. Sec. 18, Ch. 251, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 45. Special Provisions for Street Parking Districts › 7-12-4504. Responsibility and liability of property owners following abandonment of district

7-12-4504. Responsibility and liability of property owners following abandonment of district.
(1) Following passage of the resolution of abandonment, it shall be the duty of all property owners owning property abutting said district to maintain such portion thereof abutting their property.
(2) Such abandonment, however, shall not relieve the property owners from the assessment and payment of a sufficient amount to liquidate all charges existing against said district prior to the date of abandonment.
History: En. Sec. 1, Ch. 38, L. 1951; R.C.M. 1947, 11-2285(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 45. Special Provisions for Street Parking Districts › 7-12-4511. Water user entities exempt from special assessments

7-12-4511. 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.
History: En. Sec. 1, Ch. 276, L. 1987.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 46. Fire Hydrant Maintenance Districts › 7-12-4601. Authorization to create fire hydrant maintenance districts

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.
History: En. Sec. 1, Ch. 572, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 46. Fire Hydrant Maintenance Districts › 7-12-4602. Resolution of intention to create fire hydrant maintenance district

7-12-4602. Resolution of intention to create fire hydrant maintenance district.
(1) Before creating any fire hydrant maintenance district, the city council shall pass a resolution of intention to do so.
(2) The resolution must designate the district number, describe the boundaries of the district, provide an estimate of the cost of any improvement and the cost of maintaining district fire hydrants, and the proportion of such costs to be assessed against the property within the district.
History: En. Sec. 2, Ch. 572, L. 1983.