reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2254. Repealed

7-13-2254. Repealed.
Sec. 262, Ch. 49, L. 2015; Sec. 3, Ch. 121, L. 2015.
History: En. Sec. 8, Ch. 242, L. 1957; amd. Sec. 1, Ch. 258, L. 1959; amd. Sec. 7, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 4, Ch. 257, L. 1974; amd. Sec. 3, Ch. 521, L. 1975; R.C.M. 1947, 16-4508(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2255. Repealed

7-13-2255. Repealed.
Sec. 262, Ch. 49, L. 2015.
History: En. Sec. 8, Ch. 242, L. 1957; amd. Sec. 1, Ch. 258, L. 1959; amd. Sec. 7, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 4, Ch. 257, L. 1974; amd. Sec. 3, Ch. 521, L. 1975; R.C.M. 1947, 16-4508(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2256. Repealed

7-13-2256. Repealed.
Sec. 262, Ch. 49, L. 2015.
History: En. Sec. 8, Ch. 242, L. 1957; amd. Sec. 1, Ch. 258, L. 1959; amd. Sec. 7, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 4, Ch. 257, L. 1974; amd. Sec. 3, Ch. 521, L. 1975; R.C.M. 1947, 16-4508(part); amd. Sec. 5, Ch. 342, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2257. Repealed

7-13-2257. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 7, Ch. 242, L. 1957; amd. Sec. 6, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 3, Ch. 257, L. 1974; amd. Sec. 2, Ch. 310, L. 1975; amd. Sec. 2, Ch. 521, L. 1975; amd. Sec. 3, Ch. 296, L. 1977; R.C.M. 1947, 16-4507(19).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2258. Effect of failure to qualify for office

7-13-2258. Effect of failure to qualify for office.
If a person elected fails to qualify, the office must be filled as if there were a vacancy in the office as provided in 7-13-2262(1).
History: En. Sec. 7, Ch. 242, L. 1957; amd. Sec. 6, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 3, Ch. 257, L. 1974; amd. Sec. 2, Ch. 310, L. 1975; amd. Sec. 2, Ch. 521, L. 1975; amd. Sec. 3, Ch. 296, L. 1977; R.C.M. 1947, 16-4507(20); amd. Sec. 2, Ch. 254, L. 1999; amd. Sec. 130, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2259. Manner of making appointments

7-13-2259. Manner of making appointments.
The mode of appointment of a director, including the appointment of a nonvoting ex officio board member, by a mayor or by a board of county commissioners must be by certificate of appointment signed by the mayor or issued by the board of county commissioners and transmitted to the board of directors of the district.
History: En. Sec. 7, Ch. 242, L. 1957; amd. Sec. 6, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 3, Ch. 257, L. 1974; amd. Sec. 2, Ch. 310, L. 1975; amd. Sec. 2, Ch. 521, L. 1975; amd. Sec. 3, Ch. 296, L. 1977; R.C.M. 1947, 16-4507(21); amd. Sec. 6, Ch. 593, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2260. Provision for municipalities not having mayor

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.
History: En. Sec. 32, Ch. 242, L. 1957; amd. Sec. 11, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; R.C.M. 1947, 16-4532(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2261. Recall of officers

7-13-2261. Recall of officers.
Every incumbent of an elective office, whether elected by popular vote for a full term, elected by the board of directors to fill a vacancy, or appointed by a mayor or the board of commissioners for a full term, is subject to recall by the qualified electors of any district organized under the provisions of this part and part 23 in accordance with Title 2, chapter 16, part 6.
History: En. Sec. 9, Ch. 242, L. 1957; amd. Sec. 1, Ch. 263, L. 1967; R.C.M. 1947, 16-4509; amd. Sec. 24, Ch. 251, L. 1979; amd. Sec. 333, Ch. 571, L. 1979; amd. Sec. 131, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2262. Vacancies on board of directors -- appointment

7-13-2262. Vacancies on board of directors -- appointment.
(1) (a) Except as provided in subsections (2) through (4), any vacancy in the board of directors, whether the vacant office is elective or appointive, must be filled by majority vote of the remaining directors.
(b) A vacancy must be determined in accordance with 7-13-2263.
(2) If there are no directors remaining on the board and no nominees for any director position to be elected, the county commissioners may appoint the number of directors specified in 7-13-2232(1). If the district lies in more than one county, the county commissioners of each county with territory included in the district shall jointly appoint the directors. The county commissioners shall stagger the terms of the directors appointed.
(3) Following the appointment of a board in accordance with subsection (2), the directors must be elected as provided in this part.
(4) A vacancy of a nonvoting ex officio board member or a board member appointed by a municipality pursuant to 7-13-2232(4) must be filled by appointment by the respective appointing authority.
History: En. Sec. 11, Ch. 242, L. 1957; amd. Sec. 1, Ch. 263, L. 1967; R.C.M. 1947, 16-4511(part); amd. Sec. 3, Ch. 254, L. 1999; amd. Sec. 4, Ch. 214, L. 2011; amd. Sec. 132, Ch. 49, L. 2015; amd. Sec. 7, Ch. 593, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2263. Vacancies

7-13-2263. Vacancies.
A vacancy is created when any of the following events occurs before the expiration of the term of the incumbent:
(1) death;
(2) a determination pursuant to Title 53, chapter 21, part 1, that the incumbent is mentally ill;
(3) resignation;
(4) removal from office;
(5) neglect or refusal to perform the duties required by this part for 3 consecutive months, except when prevented by sickness or when absent from the district by permission of the board of directors;
(6) conviction of a felony or a violation of official duties; or
(7) the decision of a court declaring the incumbent's election or appointment void.
History: En. Sec. 1, Ch. 214, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2271. Organization of board of directors

7-13-2271. Organization of board of directors.
(1) A new board of directors shall hold its first meeting on the sixth Monday after the election of directors. It shall choose one of its members president and shall provide for the time and place of holding its meetings and the manner in which its special meetings may be called.
(2) The board shall establish rules for its proceedings.
History: En. Sec. 10, Ch. 242, L. 1957; amd. Sec. 1, Ch. 263, L. 1967; R.C.M. 1947, 16-4510(part); amd. Sec. 133, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2272. Duties of board president

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.
History: En. Sec. 16, Ch. 242, L. 1957; amd. Sec. 1, Ch. 263, L. 1967; R.C.M. 1947, 16-4516(part); amd. Sec. 5, Ch. 214, L. 2011; amd. Sec. 134, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2273. Compensation of members of board -- approval by voters of district -- public notice

7-13-2273. Compensation of members of board -- approval by voters of district -- public notice.
(1) Each of the members of the board of directors may receive a monthly salary.
(2) Except as provided in subsection (3), a salary may not exceed the following amounts:
(a) $60 in districts with a population of no more than 500 persons;
(b) $80 in districts with a population that exceeds 500 but is no more than 5,000 persons; and
(c) $100 in districts with a population of more than 5,000 persons.
(3) A salary may exceed the amounts provided under subsection (2) if the salary is in an amount proposed by the president of the board and approved by one of the following methods:
(a) an affirmative vote of the majority of the votes cast by the qualified electors of the district; or
(b) an affirmative vote of the majority of the qualified electors of the district who are present and voting at an annual organizational meeting of the district.
(4) A newly elected member of the board of directors must receive the monthly salary, if any, established for the board member position at the time that the member was elected.
(5) If an election is held pursuant to subsection (3)(a), notice must be as provided in 13-1-108 and must include the following:
(a) the date on which the election will be held;
(b) the manner in which the election will be held;
(c) the amount of the proposed monthly salary for the members of the board of directors; and
(d) any other information regarding the election that may be necessary.
History: En. Sec. 11, Ch. 242, L. 1957; amd. Sec. 1, Ch. 263, L. 1967; R.C.M. 1947, 16-4511(part); amd. Sec. 1, Ch. 46, L. 1981; amd. Sec. 6, Ch. 214, L. 2011; amd. Sec. 135, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2274. Conduct of business

7-13-2274. Conduct of business.
(1) All legislative sessions of the board of directors, whether regular or special, must be open to the public. Notice of the sessions must be given and the sessions must be held in compliance with the requirements of Title 2, chapter 3, parts 1 and 2.
(2) A majority of the board constitutes a quorum for the transaction of business.
(3) The board may act only by ordinance or resolution.
History: En. Secs. 10, 11, Ch. 242, L. 1957; amd. Sec. 1, Ch. 263, L. 1967; R.C.M. 1947, 16-4510(part), 16-4511(part); amd. Sec. 2, Ch. 518, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2276. Right of initiative and referendum

7-13-2276. Right of initiative and referendum.
(1) Ordinances may be passed by the qualified electors of any district organized under the provisions of this part and part 23 in accordance with the methods provided by the general laws of the state for direct legislation applicable to cities and towns.
(2) Ordinances may be repealed by the qualified electors of any district by proceeding in accordance with the methods provided by the general laws of the state for protesting against legislation by cities and towns.
History: En. Secs. 29, 30, Ch. 242, L. 1957; amd. Sec. 1, Ch. 263, L. 1967; R.C.M. 1947, 16-4529, 16-4530; amd. Sec. 136, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2277. Appointment of administrative personnel

7-13-2277. Appointment of administrative personnel.
(1) The board of directors shall, at its first meeting or as soon thereafter as practicable, appoint by a majority vote a general manager and a secretary. A director may not be the general manager or the secretary. The board of directors may assign the district's operator, as defined in 37-42-102, the additional duties of a general manager.
(2) The general manager and secretary must receive the compensation that the board determines, and each shall serve at the pleasure of the board.
History: En. Sec. 12, Ch. 242, L. 1957; R.C.M. 1947, 16-4512; amd. Sec. 2, Ch. 13, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2278. Duties of administrative personnel

7-13-2278. Duties of administrative personnel.
(1) The general manager has full charge and control of the maintenance, operation, and construction of all works and systems of the district, with full power and authority to employ and discharge all employees and assistants at pleasure and prescribe their duties, and shall, subject to the approval of the board of directors, fix their compensation. The general manager shall ensure that the district establishes and maintains a system of auditing and accounting that shows the financial condition of the district, draw or cause the secretary to draw warrants to pay demands made against the district that have been first approved by at least three members of the board and the general manager, and perform other duties that may be imposed by the board. The general manager shall report to the board in accordance with rules that it may adopt.
(2) The secretary shall countersign all contracts on behalf of the district and perform other duties that may be imposed by the board.
History: En. Sec. 16, Ch. 242, L. 1957; amd. Sec. 1, Ch. 263, L. 1967; R.C.M. 1947, 16-4516(part); amd. Sec. 567, Ch. 61, L. 2007; amd. Sec. 3, Ch. 13, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2279. Repealed

7-13-2279. Repealed.
Sec. 8, Ch. 593, L. 2023.
History: En. Sec. 16, Ch. 242, L. 1957; amd. Sec. 1, Ch. 263, L. 1967; R.C.M. 1947, 16-4516(part); amd. Sec. 4, Ch. 13, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2280. Levy of special assessments

7-13-2280. Levy of special assessments.
(1) In lieu of imposing rates and charges to pay the capital costs of any improvement provided for in this part, a district may levy special assessments to defray the costs against property within the district and benefited by the improvement. The costs of the improvement may include the costs of issuance of any bonds issued to finance the improvement and any reserve securing payment of the bonds.
(2) The board of directors shall by resolution levy and assess upon all property in the district benefited by the improvement, by using for a basis for the assessment the method or methods provided for in 7-12-2151.
(3) The resolution must contain a description of each lot or parcel of land, with the name of the owner if known, and the amount of each assessment and the day when the assessment becomes delinquent.
(4) The resolution, signed by the presiding officer of the board of directors, must be kept on file in the office of the secretary.
History: En. Sec. 2, Ch. 351, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2281. Notice of resolution for levy of assessment hearing

7-13-2281. Notice of resolution for levy of assessment hearing.
(1) A notice, signed by the secretary and stating that the resolution levying a special assessment to defray the cost of making the improvements is on file in the office of the secretary and is subject to inspection, must be:
(a) published as provided in 7-1-2121;
(b) mailed to the owner of each lot, tract, or parcel of land to be assessed (the lands must be identified and the mailing address determined from the last-completed assessment roll for state, county, and school district taxes); and
(c) mailed to any other persons known to the secretary to have an ownership interest in the property.
(2) The notice must state the time and place in which objections to the final adoption of the resolution will be heard by the board of directors. The time for the hearing may not be less than 5 days after the second publication or less than 10 days after the mailing of the notice.
History: En. Sec. 3, Ch. 351, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2282. Hearing on assessment

7-13-2282. Hearing on assessment.
(1) At the time fixed, the board of directors shall meet and hear all objections and for that purpose may adjourn from day to day.
(2) The board of directors may by resolution modify the assessment in whole or in part. A copy of the resolution, certified by the secretary, must be delivered to the county clerk and recorder of the county in which the lot, tract, or parcel is located within 2 days after passage of the resolution.
(3) At any time within 30 days after the date of the first publication of the notice of proposed assessments, any owner of property to be assessed for the costs of making the improvements may make written protest against the levy of assessments. The protest must be in writing, identify the property in the district owned by the protestor, and be signed by all owners of the property except as provided in 7-13-2290. The protest must be delivered to the secretary of the district not later than 5 p.m. of the last day of the 30-day period provided for in this subsection. The secretary shall endorse the date and hour of receipt on the protest.
(4) If the board of directors finds that a protest with respect to the method or methods of assessment described in the resolution is made by the owners of property in the district to be assessed for more than 50% of the cost of improvements, the board of directors may not use the method or methods of assessment described in the resolution. A protest does not bar the board of directors from adopting subsequent resolutions pursuant to 7-13-2280, using a different method of assessment, and levying the assessments following notice and hearing as provided in 7-13-2281 and this section or, not less than 6 months after the receipt of sufficient protests, instituting proceedings under 7-13-2280, 7-13-2281, and this section proposing the same method of assessment.
History: En. Sec. 4, Ch. 351, L. 1999; amd. Sec. 6, Ch. 341, L. 2005; amd. Sec. 7, Ch. 214, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2283. Collection of assessments by county treasurer -- delinquencies

7-13-2283. Collection of assessments by county treasurer -- delinquencies.
(1) When any resolution of assessment has been certified by the secretary and the county clerk and recorder, it is the duty of the county treasurer in the county in which the lot, tract, or parcel is located, in accordance with the provisions of this title, to collect the assessment in the same manner and at the same time as taxes for general and municipal purposes are collected.
(2) When the payment of an installment of a special assessment becomes delinquent, all payments of subsequent installments of the special assessment may, at the option of the board of directors and upon adoption of the appropriate resolutions, become delinquent. Upon delinquency in one or all installments, the whole property must be sold the same as other property is sold for taxes. The enforcement of the lien of any installment of a special assessment by any method authorized by law does not prevent the enforcement of the lien of any subsequent installment when it becomes delinquent.
History: En. Sec. 5, Ch. 351, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2284. Payment of assessment under protest -- action to recover

7-13-2284. Payment of assessment under protest -- action to recover.
(1) When any special assessment levied and assessed under any of the provisions of this part is considered unlawful by the party whose property is assessed, the person may pay the assessment or any part of the assessment considered unlawful under protest to the county treasurer.
(2) After the payment, the party or the party's legal representative may bring an action in any court of competent jurisdiction against the officer to whom the assessment was paid or against the district on whose behalf the assessment was collected to recover the assessment or any portion of the assessment paid under protest. Any action instituted to recover the assessment paid under protest must be commenced within 60 days after the date of payment.
(3) The assessment paid under protest must be held by the county treasurer until the determination of any action brought for the recovery of the assessment.
History: En. Sec. 6, Ch. 351, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2285. Procedure to correct assessment and to relevy

7-13-2285. Procedure to correct assessment and to relevy.
(1) Whenever, by reason of any alleged nonconformity to law or by reason of any omission or irregularity, any special assessment is either invalid or its validity is questioned, the board of directors may make all necessary orders and may take all necessary steps to correct, reassess, and relevy the assessment, including the ordering of the improvement, with the same force and effect as if made at the time provided by the law or resolution relating to the assessment. The board may reassess and relevy the assessment or tax with the same force and effect as an original levy.
(2) Any special assessment, upon reassessment or relevy, must, so far as practicable, be levied and collected the same as it would have been if the first levy had been enforced. Any provision of any law specifying a time when or order in which acts must be done in a proceeding that may result in a special assessment is subject to the qualifications of this part.
(3) Whenever any assessment is made and any property is assessed too little or too much, the assessment may be corrected and reassessed for the additional amount that is proper or the assessment may be reduced, even to the extent of refunding the assessment collected.
History: En. Sec. 7, Ch. 351, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2286. Certain errors not to invalidate assessments or liens

7-13-2286. Certain errors not to invalidate assessments or liens.
(1) When, under any of the provisions of this part, special assessments are assessed against any lot or parcel of land as the property of a particular person, a misnomer of the owner or supposed owner or other mistake relating to the ownership of the land may not affect the assessment or render it void or voidable.
(2) Any mistake in the description of property or the name of the owner may not vitiate any liens created by this part unless it is impossible to identify the property from the description.
History: En. Sec. 8, Ch. 351, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2287. Term of payment of assessments

7-13-2287. Term of payment of assessments.
(1) The payment of the assessment to defray the cost of constructing any improvement may be spread over a term not to exceed 40 years.
(2) The assessments are payable in equal semiannual installments of principal, with interest on the unpaid installments, or, if the board of directors prescribes in the resolution levying the assessments, in equal semiannual installments of principal and interest, each in the amount required to pay the principal over the term of payment, with interest at the rate then borne by the assessment.
(3) Any assessment that is not delinquent may be prepaid, in whole but not in part, at any time after the assessment is levied, by the payment of the assessment, with interest accrued and to accrue on the assessment through the next date on which an installment of the assessment is otherwise payable.
History: En. Sec. 9, Ch. 351, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2288. Interest rate on unpaid assessments

7-13-2288. Interest rate on unpaid assessments.
The installments of assessments remaining unpaid bear simple interest at an annual rate equal to:
(1) the sum of:
(a) the average interest rate payable on the outstanding bonds issued to finance the improvement in respect of which the special assessments are levied; plus
(b) additional interest at a rate to be determined by the board of directors, not exceeding 2% a year; or
(2) if bonds are not issued to finance the improvements, at an interest rate to be determined by the board of directors, but not to exceed 10% a year.
History: En. Sec. 10, Ch. 351, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2289. Assessments and certain other charges as liens

7-13-2289. Assessments and certain other charges as liens.
Any special assessment made and levied to defray the cost and expenses of any improvement, together with any amounts imposed for delinquency and for cost of collection, constitutes a lien upon and against the property upon which the assessment is made and levied from and after the date of the passage of the resolution levying the assessment. This lien can be extinguished only by payment of the assessment, with all penalties, costs, and interest.
History: En. Sec. 11, Ch. 351, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 22. County Water and/or Sewer Districts › 7-13-2290. Protest procedures for property created as condominium -- assessment of condominium property

7-13-2290. Protest procedures for property created as condominium -- assessment of condominium property.
(1) Whenever property created as a condominium is proposed to be assessed for costs of an improvement pursuant to 7-13-2280 and the property is not solely a certain unit in the condominium, then the owner of the property created as a condominium that is entitled to protest under 7-13-2282 is considered to be the collective 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 method of assessment or vote at an election of the district only through a president, vice president, secretary, or treasurer of the condominium owners' association who timely presents to the secretary of the district in accordance with 7-13-2282 the following:
(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 method of assessment.
(3) Each holder of title to a unit of a condominium that is proposed to be assessed for costs of a capital project is entitled to the passage of the resolution as provided in 7-13-2281, and if the assessments are levied, assessments must be levied against the units in the condominium as provided in subsection (4).
(4) Whenever property created as a condominium is to be subject to special assessments, each unit within the condominium is considered a separate parcel of real property subject to separate assessment and the lien of the assessment. Each unit must be assessed for the unit's percentage of undivided interest in the common elements of the condominium. The percentage of the undivided ownership interest must be as set forth in the condominium declaration.
History: En. Sec. 11, Ch. 341, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2302. Levy of taxes to meet bond obligations and other expenses

7-13-2302. Levy of taxes to meet bond obligations and other expenses.
(1) If for any reason the revenue of the district is inadequate to pay the interest or principal of any bonded debt as it becomes due, exclusive of revenue or special assessment bonded indebtedness incurred pursuant to 7-13-2333 or bonded indebtedness incurred to refund the revenue or special assessment bonded indebtedness without authorization at an election, or any other expenses or claims against the district, then the board of directors shall, at least 15 days before the first day of the month in which the board of county commissioners of the county, city and county, or counties in which the district is located are required by law to levy the amount of taxes required for county or city and county purposes, furnish to the board or boards of county commissioners and to the auditor or auditors, respectively, an estimate in writing:
(a) of the amount of money required by the district for the payment of the principal of or interest on any bonded debt as it becomes due;
(b) of the amount of money required to establish reasonable reserve funds for either purpose, together with a description of the lands benefited by the bonds, as stated by the board of directors in the resolution declaring the necessity to incur bonded indebtedness; and
(c) of the amount of money required by the district for any other purpose set forth in this section.
(2) The board of county commissioners of the county or city and county, annually, at the time and in the manner of levying other county or city and county taxes, shall:
(a) until any bonded debt is fully paid, levy upon the benefited lands and collect the proportionate share to be borne by the land located in their county of a tax sufficient for the payment of the bonded debt, to be known as the ...... district bond tax; and
(b) until all other expenses or claims are fully paid, levy upon all of the lands of the district and collect the proportionate share to be borne by the land located in their county of a tax sufficient for the payment of the other expenses or claims, to be known as the ....... district water and/or sewer tax.
(3) Taxes for the payment of any bonded debt must be levied on the property benefited, as stated by the board of directors in the resolution declaring the necessity for the bonds, and all taxes for other purposes must be levied on all property in the territory comprising the district.
History: (1), (2)En. Sec. 27, Ch. 242, L. 1957; amd. Sec. 3, Ch. 258, L. 1959; amd. Sec. 1, Ch. 46, L. 1961; amd. Sec. 1, Ch. 68, L. 1963; amd. Sec. 9, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 5, Ch. 296, L. 1977; Sec. 16-4527, R.C.M. 1947; (3)En. Sec. 28, Ch. 242, L. 1957; amd. Sec. 1, Ch. 45, L. 1959; Sec. 16-4528, R.C.M. 1947; R.C.M. 1947, 16-4527(part), 16-4528(part); amd. Sec. 7, Ch. 341, L. 2005; amd. Sec. 7, Ch. 342, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2303. Methods of assessment

7-13-2303. Methods of assessment.
(1) When the amount of money required for any purpose enumerated in 7-13-2302 has been determined, the county commissioners or board of directors may use one or any combination of the following methods of assessment:
(a) Each lot or parcel of land to be assessed may be assessed with that part of the amount of money required that its area bears to the total area of all of the lands to be assessed.
(b) The assessment may be based upon the taxable valuation as stated in the last-completed county assessment roll of the lots or parcels of land, exclusive of improvements, within the district. In that case, each lot or parcel of land to be assessed must be assessed with that part of the amount of money required that its taxable valuation bears to the total taxable valuation of all of the lands to be assessed.
(c) Each dwelling unit may be assessed a flat fee. For purposes of this subsection (1)(c), "dwelling unit" has the same meaning provided in 70-24-103.
(2) If the district lies in more than one county, the same method of assessment must be used in each county.
History: En. Sec. 27, Ch. 242, L. 1957; amd. Sec. 3, Ch. 258, L. 1959; amd. Sec. 1, Ch. 46, L. 1961; amd. Sec. 1, Ch. 68, L. 1963; amd. Sec. 9, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 5, Ch. 296, L. 1977; R.C.M. 1947, 16-4527(part); amd. Sec. 1, Ch. 96, L. 2009; amd. Sec. 1, Ch. 35, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2304. Notice of intention to levy tax

7-13-2304. Notice of intention to levy tax.
(1) When the written estimate of the amount of money required has been delivered to the board of county commissioners, the board shall give notice of its intention to levy and collect a tax sufficient for the payment of bond obligations and other expenses.
(2) The notice must be given:
(a) by posting in five public places within the county and within the boundaries of the lands upon which the tax is to be levied;
(b) by publishing a copy of the notice as provided in 7-1-2121; and
(c) by forwarding, by mail as provided in 7-1-2122 at least 10 days prior to the hearing provided for in 7-13-2306(4), a copy of the notice addressed to the owners and the purchasers under contracts for deed of taxable real property within the district as shown by the current property tax record maintained by the department of revenue for the county or counties the boundaries of which include taxable real property of the district.
History: En. Sec. 27, Ch. 242, L. 1957; amd. Sec. 3, Ch. 258, L. 1959; amd. Sec. 1, Ch. 46, L. 1961; amd. Sec. 1, Ch. 68, L. 1963; amd. Sec. 9, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 5, Ch. 296, L. 1977; R.C.M. 1947, 16-4527(part); amd. Sec. 6, Ch. 526, L. 1983; amd. Sec. 21, Ch. 349, L. 1985; amd. Sec. 17, Ch. 27, Sp. L. November 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2305. Legal sufficiency of notice

7-13-2305. Legal sufficiency of notice.
The legislature hereby finds, determines, and declares that the giving of notice in accordance with 7-13-2304(2) is reasonably calculated to inform the owners of taxable real property located within the boundaries of the district of the hearing provided for in 7-13-2306(4) and that the giving of any further notice is impracticable and is unnecessary to the assurance of due process of law to such property owners.
History: En. Sec. 27, Ch. 242, L. 1957; amd. Sec. 3, Ch. 258, L. 1959; amd. Sec. 1, Ch. 46, L. 1961; amd. Sec. 1, Ch. 68, L. 1963; amd. Sec. 9, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 5, Ch. 296, L. 1977; R.C.M. 1947, 16-4527(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2306. Contents of notice -- hearing and protest

7-13-2306. Contents of notice -- hearing and protest.
The notice required by 7-13-2304 must state:
(1) the amount of money required;
(2) the method of assessment that the board or boards of county commissioners intend to employ;
(3) the boundaries or description of the lands to be assessed, which may be recited in full or may be given by reference to any instrument on file or of record in the office of the clerk and recorder or treasurer of the county or counties in which the district or part of the district is situated or with the department of revenue; and
(4) the time when and the place where the board or boards of county commissioners will hear and pass upon all protests that may be made against the levy of the tax or any matter pertaining to the tax.
History: En. Sec. 27, Ch. 242, L. 1957; amd. Sec. 3, Ch. 258, L. 1959; amd. Sec. 1, Ch. 46, L. 1961; amd. Sec. 1, Ch. 68, L. 1963; amd. Sec. 9, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 5, Ch. 296, L. 1977; R.C.M. 1947, 16-4527(part); amd. Sec. 18, Ch. 27, Sp. L. November 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2307. Hearing on protest to levy of tax

7-13-2307. Hearing on protest to levy of tax.
(1) The hearing provided for in 7-13-2306(4) shall be had no less than 15 days after the last publication of the notice.
(2) At the time and place designated for said hearing, any owner of property situated within the area to be assessed may appear and protest the levy of the tax or any matter pertaining thereto. All protests must be heard, considered, and ruled upon by the board of county commissioners.
(3) The board of county commissioners may adjourn said hearing from time to time.
History: En. Sec. 27, Ch. 242, L. 1957; amd. Sec. 3, Ch. 258, L. 1959; amd. Sec. 1, Ch. 46, L. 1961; amd. Sec. 1, Ch. 68, L. 1963; amd. Sec. 9, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 5, Ch. 296, L. 1977; R.C.M. 1947, 16-4527(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2308. Payment of tax under protest -- action to recover

7-13-2308. Payment of tax under protest -- action to recover.
(1) When the tax is considered unlawful for any reason by the person whose property is taxed, whether or not the person has protested the tax at the hearing provided for in 7-13-2306(4), the person may pay the tax or the installments of the tax under protest in the manner provided by 15-1-402 and, within the time prescribed and in the manner provided by 15-1-402, may commence an action to recover the tax or installments and in that action may contest and litigate the payment of the tax on the same grounds and for the same reasons stated in the written protest and for no other reasons and on no other grounds.
(2) All of the provisions of 15-1-402 for the retention or refunding of taxes paid under protest apply to taxes paid under protest under this section.
History: En. Sec. 27, Ch. 242, L. 1957; amd. Sec. 3, Ch. 258, L. 1959; amd. Sec. 1, Ch. 46, L. 1961; amd. Sec. 1, Ch. 68, L. 1963; amd. Sec. 9, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 5, Ch. 296, L. 1977; R.C.M. 1947, 16-4527(part); amd. Sec. 568, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2309. Collection of taxes

7-13-2309. Collection of taxes.
(1) All taxes referred to in 7-13-2302(3) shall be collected at the same time and in the same manner and form as county taxes are collected and when collected shall be paid to the district for which such taxes were levied and collected.
(2) Such taxes, if not paid, shall become delinquent at the same time as do county taxes.
History: En. Sec. 28, Ch. 242, L. 1957; amd. Sec. 1, Ch. 45, L. 1959; R.C.M. 1947, 16-4528(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2310. Taxes to be lien

7-13-2310. Taxes to be lien.
(1) If such taxes are levied for the payment of a bonded debt for the benefit of certain property within the district, as stated in the aforesaid resolution of the board of directors, such taxes shall be a lien upon each lot or parcel of said property to the extent of the levy of said taxes upon said lot or parcel. All taxes for other purposes shall be a lien upon each lot or parcel of land within the entire area comprising the district, to the extent of the levy of said taxes upon said lot or parcel.
(2) Said taxes, whether for the payment of a bonded indebtedness or for other purposes, shall be of the same force and effect as other liens for taxes, and their collection shall be enforced by the same means as provided for in the enforcement of liens for state and county taxes.
History: En. Sec. 28, Ch. 242, L. 1957; amd. Sec. 1, Ch. 45, L. 1959; R.C.M. 1947, 16-4528(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2311. Designation of fund depositary

7-13-2311. Designation of fund depositary.
The board of directors shall designate a depositary or depositaries to have the custody of the funds of the district, all of which depositaries shall give security sufficient to secure the district against possible loss and shall pay the warrants drawn by the auditor for demands against the district under such rules as the directors may prescribe.
History: En. Sec. 16, Ch. 242, L. 1957; amd. Sec. 1, Ch. 263, L. 1967; R.C.M. 1947, 16-4516(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2321. Procedure to incur bonded indebtedness

7-13-2321. Procedure to incur bonded indebtedness.
(1) Whenever the board of directors considers it necessary for the district to incur a bonded indebtedness, other than for indebtedness to refund bonded indebtedness as provided for in 7-13-2332 or revenue or special indebtedness incurred pursuant to 7-13-2333, it shall by resolution state the purpose for the proposed debt, the land within the district to be benefited, the amount of debt to be incurred, the maximum term for the proposed bonds before maturity, and the proposition to be submitted to the qualified electors.
(2) If no qualified electors reside in the district at the time of adoption of the resolution or if the proposition is approved by all of the real property owners in the district to be benefited in a certificate of approval to be presented to the board of directors, the board of directors may incur the bonded indebtedness without an election. The board of directors may by resolution, at times that it considers proper, provide for the form and execution of the bonds and for their issuance.
History: En. Sec. 17, Ch. 242, L. 1957; amd. Sec. 26, Ch. 234, L. 1971; R.C.M. 1947, 16-4517(part); amd. Sec. 5, Ch. 518, L. 1995; amd. Sec. 8, Ch. 341, L. 2005; amd. Sec. 137, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2322. Term of bonds

7-13-2322. Term of bonds.
The maximum term of bonds shall not exceed 40 years.
History: En. Sec. 17, Ch. 242, L. 1957; amd. Sec. 26, Ch. 234, L. 1971; R.C.M. 1947, 16-4517(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2323. Election on question of incurring bonded indebtedness

7-13-2323. Election on question of incurring bonded indebtedness.
(1) The board of directors shall fix a date on which an election is held in accordance with 13-1-504 for the purpose of authorizing the bonded indebtedness to be incurred.
(2) The board may order as many as two elections each year if:
(a) there are no bids within the amount of approved bonds;
(b) there is an emergency;
(c) a directive for a project is received from a government agency; or
(d) it is necessary to take advantage of the construction season.
History: En. Sec. 18, Ch. 242, L. 1957; R.C.M. 1947, 16-4518; amd. Sec. 334, Ch. 571, L. 1979; amd. Sec. 44, Ch. 387, L. 1995; amd. Sec. 12, Ch. 234, L. 1997; amd. Sec. 138, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2324. Notice of election on incurring bonded indebtedness

7-13-2324. Notice of election on incurring bonded indebtedness.
(1) The board of directors shall give notice in accordance with 13-1-108 of the holding of the election.
(2) The notice must:
(a) state the date of the election;
(b) state the hours the polls will be open;
(c) describe the boundaries of voting precincts, which may include only the lands to be benefited as stated in the resolution;
(d) describe the purpose of the issue, the amount of bonds proposed to be issued, and the term of years for repayment of the bonds;
(e) reference the resolution authorizing the election and state that it is available for public inspection; and
(f) state any other information that the board considers proper.
History: (1)En. Sec. 19, Ch. 242, L. 1957; amd. Sec. 1, Ch. 263, L. 1967; Sec. 16-4519, R.C.M. 1947; (2)En. Sec. 20, Ch. 242, L. 1957; amd. Sec. 2, Ch. 258, L. 1959; amd. Sec. 8, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 5, Ch. 257, L. 1974; amd. Sec. 4, Ch. 521, L. 1975; amd. Sec. 4, Ch. 296, L. 1977; Sec. 16-4520, R.C.M. 1947; R.C.M. 1947, 16-4519(part), 16-4520(part); amd. Sec. 335, Ch. 571, L. 1979; amd. Sec. 6, Ch. 518, L. 1995; amd. Sec. 139, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2325. Qualifications to vote on question of incurring bonded indebtedness

7-13-2325. Qualifications to vote on question of incurring bonded indebtedness.
Every registered elector owning or residing upon real property within such voting precincts, but no others, shall be entitled to vote at the election.
History: En. Sec. 20, Ch. 242, L. 1957; amd. Sec. 2, Ch. 258, L. 1959; amd. Sec. 8, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 5, Ch. 257, L. 1974; amd. Sec. 4, Ch. 521, L. 1975; amd. Sec. 4, Ch. 296, L. 1977; R.C.M. 1947, 16-4520(part); amd. Sec. 336, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2326. Repealed

7-13-2326. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 21, Ch. 242, L. 1957; R.C.M. 1947, 16-4521(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2327. Entry of bond election results

7-13-2327. Entry of bond election results.
The secretary of the board of directors, as soon as the result is declared, shall enter in the records of such board a statement of such results.
History: En. Sec. 21, Ch. 242, L. 1957; R.C.M. 1947, 16-4521(part).