reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4626. Limitation on power of eminent domain

7-14-4626. Limitation on power of eminent domain.
(1) A parking commission may not acquire the property of a public entity without the entity's consent.
(2) A parking commission or the city may not acquire an existing parking facility by the exercise of the power of eminent domain, as provided in Title 70, chapter 30, by a commission or the city except after a public hearing. A notice of the date, time, place, and purpose of the hearing must be published once not less than 10 or more than 20 days prior to the date of the hearing.
History: (1)En. Sec. 7, Ch. 223, L. 1951; amd. Sec. 4, Ch. 77, L. 1975; Sec. 11-3707, R.C.M. 1947; (2)En. Sec. 8, Ch. 223, L. 1951; amd. Sec. 5, Ch. 77, L. 1975; Sec. 11-3708, R.C.M. 1974; R.C.M. 1947, 11-3707(part), 11-3708; amd. Sec. 18, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4627. Leasing of surplus or uneconomical space for incidental purposes

7-14-4627. Leasing of surplus or uneconomical space for incidental purposes.
(1) Subject to the limitations imposed by this part, when in the judgment of the commission it is convenient or necessary to permit such use in order to utilize properly such land as a parking facility, each parking commission shall have power to lease for incidental commercial purposes surplus space or space which it is not economical to use for parking purposes, as an incident to the operation of any parking facility.
(2) The city or parking commission shall be prohibited from operating any such additional, secondary, and incidental facilities. Such incidental use or uses must be secondary to the primary use as a parking facility. The commission or the city shall lease such space to private operators at rates comparable to the existing market rate for similar taxable space at the location.
(3) (a) Except as provided in subsection (3)(b), if a building is erected on such property for the purpose of parking motor vehicles, then such incidental use or uses of such building shall be confined to the street level and/or below street level of such building. Such incidental use or uses at street level may occupy the entire surface area of the property less that area required for vehicular and pedestrian movement if at least two higher levels, each of equal or greater area, are devoted entirely to parking purposes.
(b) Other provisions notwithstanding, the commission or the city may lease air rights above such building.
History: En. Sec. 7, Ch. 223, L. 1951; amd. Sec. 4, Ch. 77, L. 1975; R.C.M. 1947, 11-3707(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4628. Nature of onstreet parking regulations

7-14-4628. Nature of onstreet parking regulations.
The parking regulations issued pursuant to 7-14-4622(7) may include, without limiting the generality of this provision, the determination of:
(1) parking locations;
(2) variable parking durations;
(3) variable parking rate schedules; and
(4) enforcement policies and procedures.
History: En. Sec. 7, Ch. 223, L. 1951; amd. Sec. 4, Ch. 77, L. 1975; R.C.M. 1947, 11-3707(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4629. Manner of operating parking facility

7-14-4629. Manner of operating parking facility.
(1) The commission or city may lease any project acquired by it under the provisions of this part to the highest responsible bidder after notice.
(2) If the commission or city shall, by resolution entered upon its minutes, find and determine that the purposes of this part will not be accomplished and the public interest will not be served by lease of any particular project for operation as a private parking project, the commission may lease such project to the city or the city may operate any such project itself as a municipal parking project, subject to the ordinances and rules of the city pertaining to municipal parking projects.
History: En. Sec. 9, Ch. 223, L. 1951; amd. Sec. 3, Ch. 127, L. 1955; amd. Sec. 3, Ch. 401, L. 1973; R.C.M. 1947, 11-3709(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4630. Notice for bids to lease parking facility

7-14-4630. Notice for bids to lease parking facility.
(1) The notice required by 7-14-4629(1) shall consist of the publication of a notice as provided in 7-1-2121 inviting bids.
(2) Such notice shall distinctly and specifically describe the project and the facilities in connection therewith which are to be leased, the period of time for which said project is to be leased, and the minimum rental to be paid under such lease.
History: En. Sec. 9, Ch. 223, L. 1951; amd. Sec. 3, Ch. 127, L. 1955; amd. Sec. 3, Ch. 401, L. 1973; R.C.M. 1947, 11-3709(part); amd. Sec. 26, Ch. 349, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4631. Compliance with land use laws required

7-14-4631. Compliance with land use laws required.
(1) All parking facilities of a commission are subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the parking facility is situated.
(2) In the planning and location of any parking facility, a commission is subject to the relationship of the facility to any growth policy or sections of a growth policy for the development of the area in which the commission functions.
History: En. Sec. 10, Ch. 223, L. 1951; amd. Sec. 4, Ch. 401, L. 1973; R.C.M. 1947, 11-3710(part); amd. Sec. 4, Ch. 44, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4632. Cooperation with other municipal offices

7-14-4632. Cooperation with other municipal offices.
In order that there may be no unnecessary duplication of effort or expense, the commission shall have access, for the purposes of the commission, to the services and facilities of the city planning department, the city engineer, the police department, the fire department, and such other departments and offices of the city as may be appropriate therefor.
History: En. Sec. 10, Ch. 223, L. 1951; amd. Sec. 4, Ch. 401, L. 1973; R.C.M. 1947, 11-3710(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4633. Municipality authorized to collect in-lieu payments from parking commission -- limitations

7-14-4633. Municipality authorized to collect in-lieu payments from parking commission -- limitations.
The legislative body may by resolution provide for a sum to be paid annually by the commission to the city. This sum shall not exceed the amount the commission would be required to pay in ad valorem taxes if it were a private entity owning the same property and shall not be paid from any funds needed for current operation, maintenance, debt service, or repairs or for compliance with any other provisions of indentures securing obligations of the commission.
History: En. Sec. 10, Ch. 223, L. 1951; amd. Sec. 4, Ch. 401, L. 1973; R.C.M. 1947, 11-3710(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4634. Charges for use of parking facilities

7-14-4634. Charges for use of parking facilities.
(1) The commission shall fix the rates, fees, and all other charges to be made for all projects, services, or facilities furnished, acquired, constructed, or completed under this part for the use thereof by any persons or public or private agencies utilizing such projects, services, or facilities. Subject to such contractual obligations as may be entered into by the commission and the holders of the revenue bonds issued under this part, the commission is authorized to change such rates, charges, and fees from time to time as conditions warrant.
(2) All rates, fees, and charges shall be at all times fixed to yield annual revenue which together with other revenue shall be equal to annual operating and maintenance expenses, including insurance costs, and all redemption payments and interest charges on the revenue bonds at any time issued and outstanding in connection with the project of which such facilities are a part as the same become due.
(3) The commission may provide that the rates, fees, and charges established are minimum rates, fees, and charges and subject to increase or decrease in accordance only with the terms of the indenture under which the revenue bonds were issued.
History: En. Sec. 22, Ch. 223, L. 1951; R.C.M. 1947, 11-3722(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4635. Authority to establish lien on charges for payment of bonds

7-14-4635. Authority to establish lien on charges for payment of bonds.
The commission may provide that bond redemption and the interest payment shall constitute a first, direct, and exclusive charge and lien on all such fees, charges, and other revenues and interest thereon and sinking funds created therefrom received from the use and operation of the project for the acquisition, construction, or completion of which such revenue bonds were issued. All such fees and charges and other revenues, together with the interest thereon, shall constitute a trust fund for the security and payment of such bonds and shall not be used or pledged for any other purpose so long as such bonds (or any of them) are outstanding and unpaid.
History: En. Sec. 22, Ch. 223, L. 1951; R.C.M. 1947, 11-3722(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4641. Authority to issue revenue bonds

7-14-4641. Authority to issue revenue bonds.
The commission shall have power to issue revenue bonds in its name or in that of the city.
History: En. Sec. 11, Ch. 223, L. 1951; amd. Sec. 5, Ch. 401, L. 1973; R.C.M. 1947, 11-3711(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4642. Election required to issue revenue bonds

7-14-4642. Election required to issue revenue bonds.
(1) The power to issue revenue bonds as provided in this part is not operative in any city until the legislative body submits to the qualified electors the question as to whether the legislative body, the commission, or both are authorized to adopt the revenue bond method of financing projects provided for in this part.
(2) The election on the question must be conducted in accordance with Title 13, chapter 1, part 4.
(3) The qualifications of electors are the same as those required for voting at municipal elections in the city for elective officers. The provisions relating to the qualifications of electors and manner of submission of the question to the electors for the purposes of this part are controlling, notwithstanding any provision of law to the contrary.
History: En. Sec. 3, Ch. 223, L. 1951; amd. Sec. 2, Ch. 127, L. 1955; R.C.M. 1947, 11-3703(part); amd. Sec. 53, Ch. 387, L. 1995; amd. Sec. 158, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4643. Sources of revenue for payment of revenue bonds

7-14-4643. Sources of revenue for payment of revenue bonds.
(1) No revenue bonds authorized by 7-14-4641 or the interest thereon shall be payable from or secured by a pledge or mortgage of any funds or properties of the city except those expressly enumerated in subsection (2).
(2) A commission may issue such types of revenue bonds as it may determine, including revenue bonds on which the principal and interest are payable:
(a) exclusively from the income and revenues of the parking facilities financed with the proceeds of such bonds;
(b) exclusively from the income and revenues of certain designated parking facilities whether or not they were financed in whole or in part with the proceeds of such bonds;
(c) from a charge on such revenues either prior or subordinate to the payment of any designated part or all of the costs of operation and maintenance and other expenses of such facilities;
(d) from any contributions or other financial assistance from the state or federal governments;
(e) from any or all onstreet parking meter revenues of the city which may be pledged and appropriated by or under authority of the legislative body for this purpose until the bonds are fully paid;
(f) from the collections of special assessments and interest thereon levied to finance the cost of parking facilities under any of the provisions of parts 41 through 45 of chapter 12 and part 47 of this chapter which may be pledged and appropriated by or under authority of the legislative body for the payment of revenue bonds issued under the provisions of this section and are not pledged for the payment of special improvement district bonds;
(g) from a reserve which may be established and agreed to be maintained by the transfer of such other city funds as may be pledged and appropriated, by or under authority of the legislative body, to meet deficiencies in the reserve until the bonds are fully paid;
(h) from the proceeds of sale upon foreclosure of any mortgage of an offstreet parking facility made by or under authority of the legislative body to secure the payment of any revenue bonds issued under this section, provided that no such mortgage shall be placed upon any property of the city or commission unless the cost of such property to the city has been paid from the proceeds of such bonds; or
(i) any combination of these sources.
History: (1)En. Sec. 11, Ch. 223, L. 1951; amd. Sec. 5, Ch. 401, L. 1973; Sec. 11-3711, R.C.M. 1947; (2)En. Sec. 12, Ch. 223, L. 1951; amd. Sec. 6, Ch. 401, L. 1973; Sec. 11-3712, R.C.M. 1947; R.C.M. 1947, 11-3711(part), 11-3712(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4644. Restrictions on use of reserve to make payments on revenue bonds

7-14-4644. Restrictions on use of reserve to make payments on revenue bonds.
The funds from which the transfers authorized by 7-14-4643(2)(g) are made must be reimbursed from the next collections of other revenue enumerated in 7-14-4643 that is not needed for full compliance with provisions of indentures securing all outstanding obligations of the commission. This section does not permit the levy of taxes at any time in excess of the deficiency existing in the reserve, but subject to 15-10-420, a tax as may be needed, with other funds determined by the legislative body to be available to meet the deficiency, may be levied.
History: En. Sec. 12, Ch. 223, L. 1951; amd. Sec. 6, Ch. 401, L. 1973; R.C.M. 1947, 11-3712(part); amd. Sec. 54, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4645. Power to determine terms and conditions of revenue bonds

7-14-4645. Power to determine terms and conditions of revenue bonds.
(1) Each commission shall have power to determine by resolution, with reference to each issue of revenue bonds to be issued under this part, all the terms and conditions of such bonds and of the sale and issuance thereof and any and all matters necessary or appropriate to be determined in connection therewith, except only as such power is limited by or under the authority of express provisions of this part.
(2) Without excluding the exercising of any other powers under or in any way limiting the generality of the preceding general grant of power or in any way excluding or limiting the exercising of any or all other powers granted by this part, the general power granted by this section shall include and each such commission shall have and in its discretion may exercise the specific powers provided by this part.
History: En. Sec. 13, Ch. 223, L. 1951; R.C.M. 1947, 11-3713.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4646. Series or divisions of bonds permitted

7-14-4646. Series or divisions of bonds permitted.
(1) The commission may issue revenue bonds in series or may divide any issue into one or two or more divisions and fix different maturities or dates of such bonds, fix different rates of interest, or prescribe different terms and conditions for the bonds of the several series or divisions.
(2) It is not necessary that all bonds of the same authorized issue be of the same kind or character, have the same security, or be of the same interest rate, but the terms thereof shall in each case be provided for by the commission at or prior to the issue thereof.
(3) The commission may provide for successive issues or may provide for one maximum issue.
History: En. Sec. 16, Ch. 223, L. 1951; R.C.M. 1947, 11-3716.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4647. Interest on revenue bonds

7-14-4647. Interest on revenue bonds.
Revenue bonds shall bear interest, payable annually or semiannually or in part annually and in part semiannually. Prior to the issuance of bonds, the commission may fix limitations or restrictions on the payment of interest.
History: En. Sec. 17, Ch. 223, L. 1951; amd. Sec. 20, Ch. 234, L. 1971; R.C.M. 1947, 11-3717(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4648. Payment of principal and interest

7-14-4648. Payment of principal and interest.
The commission may provide for the payment of the principal and interest of bonds at any place within or without the state in specified coin or currency of the United States.
History: En. Sec. 17, Ch. 223, L. 1951; amd. Sec. 20, Ch. 234, L. 1971; R.C.M. 1947, 11-3717(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4649. Maturity dates of revenue bonds

7-14-4649. Maturity dates of revenue bonds.
(1) Bonds may be serial bonds or sinking fund bonds, with such maturities as the commission may determine.
(2) Bonds shall bear dates prescribed by the commission. No bond by its terms shall mature in more than 40 years from its own date, and in the event any authorized issue is divided into two or more series or divisions, the maximum maturity date herein authorized shall be calculated from the date on the face of each bond separately, irrespective of the fact that different dates may be prescribed for the bonds of each separate series or division of any authorized issue.
History: En. Sec. 19, Ch. 223, L. 1951; R.C.M. 1947, 11-3719.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4650. Signatures on bonds

7-14-4650. Signatures on bonds.
All of the signatures on said bonds and on the interest coupons thereof may be printed, lithographed, or engraved facsimiles except one signature of an officer of the city or commission or a representative of the trustee, which shall be manually affixed. If any of the officers whose signatures appear upon the bonds or coupons cease to be officers before delivery of the bonds or coupons, their signatures are nevertheless valid and of the same force and effect as if the officers had remained in office until the delivery of the bonds and coupons.
History: En. Sec. 18, Ch. 223, L. 1951; amd. Sec. 7, Ch. 401, L. 1973; R.C.M. 1947, 11-3718.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4651. Redemption of revenue bonds

7-14-4651. Redemption of revenue bonds.
Bonds may be callable upon such terms and conditions, upon such notice as the commission may determine, and upon the payment of the premium fixed by the commission in the proceedings for the issuance of the bonds. No bond is subject to call or redemption prior to its fixed maturity date unless the right to exercise such call is expressly stated on the face of the bond.
History: En. Sec. 17, Ch. 223, L. 1951; amd. Sec. 20, Ch. 234, L. 1971; R.C.M. 1947, 11-3717(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4652. Details relating to sale of revenue bonds

7-14-4652. Details relating to sale of revenue bonds.
(1) The commission may fix terms and conditions for the public or private sale or other disposition of any authorized issue of bonds. The commission may sell bonds at a price not less than 97% of par or face value.
(2) Interest on bonds may be paid out of the proceeds of the sale of the bonds during the actual construction of any project for the acquisition, construction, or completion of which the bonds have been issued and for a period of not to exceed 2 years thereafter, as provided for in the indenture.
History: En. Sec. 20, Ch. 223, L. 1951; amd. Sec. 8, Ch. 401, L. 1973; R.C.M. 1947, 11-3720(part); amd. Sec. 18, Ch. 253, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4653. Temporary or interim bonds

7-14-4653. Temporary or interim bonds.
Pending the actual issuance or delivery of revenue bonds, the commission may issue temporary or interim bonds, certificates, or receipts of any denomination whatsoever, with or without coupons, to be exchanged for definitive bonds when ready for delivery or to be paid at or before maturity, with accrued interest, from the proceeds of the definitive bonds.
History: En. Sec. 20, Ch. 223, L. 1951; amd. Sec. 8, Ch. 401, L. 1973; R.C.M. 1947, 11-3720(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4654. Exemption from certain state taxes

7-14-4654. Exemption from certain state taxes.
Revenue bonds issued pursuant to this part and the interest or income from those bonds are exempt from all taxation in this state, other than estate taxes.
History: En. Sec. 20, Ch. 223, L. 1951; amd. Sec. 8, Ch. 401, L. 1973; R.C.M. 1947, 11-3720(part); amd. Sec. 3, Ch. 9, Sp. L. May 2000.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4655. Authorization to enter into indentures

7-14-4655. Authorization to enter into indentures.
(1) The commission may enter into indentures providing for the aggregate principal amount, date or dates, maturities, interest rate, denominations, form, registration, transfer, and interchange of such bonds and coupons and the terms and conditions upon which the same shall be executed, issued, secured, sold, paid, redeemed, funded, and refunded.
(2) Each taker and subsequent holder of the bonds or coupons, whether the coupons are attached to or detached from the bonds, has recourse to and is bound by all of the provisions of the indenture to the extent that such provisions do not conflict with provisions stated in the bonds.
(3) Reference on the face of the bonds to such indenture by its date of adoption or the apparent date on the face thereof is sufficient to incorporate all of the provisions thereof into the body of the bonds and their appurtenant coupons.
History: En. Sec. 14, Ch. 223, L. 1951; amd. Sec. 11-107, Ch. 264, L. 1963; R.C.M. 1947, 11-3714(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4657. Special provisions relating to indenture clause dealing with amendment and modification

7-14-4657. Special provisions relating to indenture clause dealing with amendment and modification.
(1) With respect to any clause providing for the modification or amendment of an indenture, the commission may agree that bonds held by the commission; by any department, political subdivision, or agency of the state; or by any public corporation, municipality, district, or political subdivision shall not be counted as outstanding bonds or be entitled to vote or assent but shall, nevertheless, be subject to any such modification or amendment.
(2) Such clause may provide for meetings of bondholders and for the manner in which the consent of the bondholders may be given. The clause shall specifically state the effect of such amendment or modification upon the rights of the holders of all of the bonds and interest coupons appertaining thereto, whether attached thereto or detached therefrom.
History: En. Sec. 14, Ch. 223, L. 1951; amd. Sec. 11-107, Ch. 264, L. 1963; R.C.M. 1947, 11-3714(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4658. Incorporation by reference of indenture in all contracts

7-14-4658. Incorporation by reference of indenture in all contracts.
Every contract entered into by the commission for the use of any project or the services or facilities thereof acquired, constructed, or completed from the proceeds of the sale of revenue bonds shall incorporate by reference the provisions of any indenture pursuant to which the bonds were issued.
History: En. Sec. 23, Ch. 223, L. 1951; amd. Sec. 9, Ch. 401, L. 1973; R.C.M. 1947, 11-3723(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4659. Funding and refunding bonds authorized

7-14-4659. Funding and refunding bonds authorized.
(1) The commission may provide for the issuance, sale, or exchange of refunding bonds for the purpose of redeeming or retiring any revenue bonds issued by the commission. Funding or refunding bonds may be issued in a principal amount sufficient to provide funds for the payment of all bonds to be funded or refunded thereby and, in addition, for the payment of all expenses incident to the calling, retiring, or paying of such outstanding bonds and the issuance of such funding or refunding bonds.
(2) All provisions of this part applicable to the issuance of revenue bonds are applicable to the funding or refunding bonds and to the issuance, sale, or exchange thereof.
History: Ap. p. Sec. 20, Ch. 223, L. 1951; amd. Sec. 8, Ch. 401, L. 1973; Sec. 11-3720, R.C.M. 1947; Ap. p. Sec. 21, Ch. 223, L. 1951; amd. Sec. 11-108, Ch. 264, L. 1963; Sec. 11-3721, R.C.M. 1947; R.C.M. 1947, 11-3720(part), 11-3721(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4660. Expenses which may be paid by means of funding or refunding bonds

7-14-4660. Expenses which may be paid by means of funding or refunding bonds.
The expenses referred to in 7-14-4659(1) include:
(1) the difference in amount between the par value of the funding or refunding bonds and any amount less than par for which the funding or refunding bonds are sold;
(2) any amount necessary to be made available for the payment of interest upon such funding or refunding bonds from the date of sale thereof to date of payment of the bonds to be funded or refunded or to the date upon which the bonds to be funded or refunded will be paid pursuant to the call thereof or agreement with the holders thereof; and
(3) the premium, if any, necessary to be paid in order to call or retire the outstanding bonds and the interest accruing thereon to the date of the call or retirement.
History: En. Sec. 21, Ch. 223, L. 1951; amd. Sec. 11-108, Ch. 264, L. 1963; R.C.M. 1947, 11-3721(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4661. Bonds to be negotiable

7-14-4661. Bonds to be negotiable.
All bonds issued under the provisions of this part shall be fully negotiable as provided by the Uniform Commercial Code--Investment Securities.
History: En. Sec. 21, Ch. 223, L. 1951; amd. Sec. 11-108, Ch. 264, L. 1963; R.C.M. 1947, 11-3721(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4662. Bonds as legal investments

7-14-4662. Bonds as legal investments.
All bonds issued under this part shall be legal investments for both public and private funds.
History: En. Sec. 20, Ch. 223, L. 1951; amd. Sec. 8, Ch. 401, L. 1973; R.C.M. 1947, 11-3720(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4663. Authorization to designate trustee for bondholders

7-14-4663. Authorization to designate trustee for bondholders.
The commission may designate a bank or trust company as a trustee for the holders of bonds issued hereunder, may authorize the trustee to act on behalf of the holders of the bonds and to exercise and prosecute on behalf of the holders of the bonds such rights and remedies as may be available to the holders, and may fix and determine the conditions upon which any trustee shall receive, hold, or disburse any or all revenues collected for or on account of the bondholders. The authority may prescribe the duties and powers of such trustee with respect to the payment of principal and interest on the bonds, the redemption of the bonds, the registration and discharge from registration of the bonds, and the management of any sinking fund or other funds provided as security for the bonds.
History: En. Sec. 15, Ch. 223, L. 1951; R.C.M. 1947, 11-3715(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4664. Rights of obligees

7-14-4664. Rights of obligees.
(1) An obligee of a commission shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:
(a) by mandamus, suit, action, or proceeding at law or in equity to compel said commission and the members, officers, agents, or employees thereof to perform each and every term, provision, and covenant contained in any contract of said commission with or for the benefit of such obligee and to require the carrying out of any or all such covenants and agreements of said commission and the fulfillment of all duties imposed upon said commission by this part;
(b) by suit, action, or proceeding in equity to enjoin any acts or things which may be unlawful or the violation of any of the rights of such obligee of said commission.
(2) A commission shall have power by its resolution, trust indenture, mortgage, lease, or other contract to confer upon any obligee holding or representing a specified amount in bonds the right (in addition to all rights that may otherwise be conferred), upon the happening of an event or default as defined in such resolution or instrument, by suit, action, or proceeding in any court of competent jurisdiction:
(a) to cause possession of any parking facility or any part thereof to be surrendered to any such obligee;
(b) to obtain the appointment of a receiver of any parking facility of said commission or any part thereof and of the rents and profits therefrom;
(c) to require said commission and the members and employees thereof to account as if it and they were the trustees of an express trust.
History: (1)En. Sec. 23, Ch. 223, L. 1951; amd. Sec. 9, Ch. 401, L. 1973; Sec. 11-3723, R.C.M. 1947; (2)En. Sec. 24, Ch. 223, L. 1951; Sec. 11-3724, R.C.M. 1947; R.C.M. 1947, 11-3723(part), 11-3724(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4665. Role of appointed receiver

7-14-4665. Role of appointed receiver.
If a receiver is appointed pursuant to 7-14-4664(2)(b), the receiver may enter and take possession of the parking facility or any part of the facility, operate and maintain the facility, and collect and receive all fees, rents, revenue, or other charges arising from the facility. The receiver shall keep the money in a separate account or accounts and apply the money in accordance with the obligations of the commission as the court directs.
History: En. Sec. 24, Ch. 223, L. 1951; R.C.M. 1947, 11-3724(part); amd. Sec. 608, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4666. Exemption from execution for property of parking commission -- exception

7-14-4666. Exemption from execution for property of parking commission -- exception.
(1) Except as provided in subsection (2), all real property of a commission shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same, nor shall any judgment against a commission be a charge or lien upon its real property.
(2) The provisions of this section shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage, deed of trust, or other encumbrance of a commission or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by a commission on its rents, fees, or revenues.
History: En. Sec. 25, Ch. 223, L. 1951; R.C.M. 1947, 11-3725.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4701. Authority to establish pedestrian malls

7-14-4701. Authority to establish pedestrian malls.
When the public interest or convenience requires, the governing body of a municipality may establish pedestrian malls.
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(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4702. Control of traffic on pedestrian malls

7-14-4702. Control of traffic on pedestrian malls.
When the public interest or convenience requires, the governing body of a municipality may prohibit, in whole or in part, vehicular traffic on a pedestrian mall.
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(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4703. Provision for payment of damages due to creation of pedestrian mall

7-14-4703. Provision for payment of damages due to creation of pedestrian mall.
When the public interest or convenience requires, the governing body of a municipality may pay, from general funds of the municipality or other available money or from the proceeds of assessments levied on lands benefited by the establishment of a pedestrian mall, the damages, if any, allowed or awarded to any property owner by reason of the establishment of a pedestrian mall. The resolution of intention must contain a statement that, subject to 15-10-420, an assessment will be levied to pay the whole or a stated portion of damages, if any, allowed or awarded to any property owner by reason of the establishment of the pedestrian mall.
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(part); amd. Sec. 43, Ch. 584, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4704. Construction of improvements related to pedestrian malls

7-14-4704. Construction of improvements related to pedestrian malls.
When the public interest or convenience requires, the governing body of a municipality may construct improvements on public streets that have been or will be established as a pedestrian mall, including but not limited to paving, sidewalks, curbs, sewers, covered walkways or areas, air conditioning, drainage works, street lighting facilities, fire protection facilities, flood protection facilities, water distribution facilities, vehicular parking areas, retaining walls, landscaping, tree planting, statuary, fountains, decorative structures, benches, restrooms, child-care facilities, display facilities, information booths, public assembly facilities, and other structures, works, or improvements necessary or convenient to serve members of the public using such pedestrian mall, including the reconstruction or relocation of existing municipally owned works, improvements, or facilities on such streets. The improvements or structures may be attached to abutting private buildings or structures provided that the improvements or structures are located on public property.
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(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4711. Authorization for improvement districts for pedestrian malls, offstreet parking, parkings, and parkways

7-14-4711. Authorization for improvement districts for pedestrian malls, offstreet parking, parkings, and parkways.
(1) An improvement district may be formed for the sole purpose of operating, maintaining, repairing, and improving pedestrian malls, offstreet parking facilities, and parkings and parkways.
(2) Subject to the powers granted and the limitations contained in this part, the powers and duties of the municipality and the procedure to be followed are as provided in parts 41 through 44 of chapter 12 for other types of special improvement districts.
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(3), (4).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4712. Procedure upon receipt of petition from all property owners within proposed district

7-14-4712. Procedure upon receipt of petition from all property owners within proposed district.
If a petition for the formation of an improvement district under the provisions of 7-14-4711 is presented to the governing body purporting to be signed by all of the real property owners in the proposed district, exclusive of mortgagees and other lienholders, the governing body, after verifying the ownership and making a finding of the fact, shall adopt a resolution of intention to order the improvement, as provided in 7-12-4104 and 7-12-4117, and may adopt the resolution ordering the improvement pursuant to 7-14-4711 through 7-14-4723 without the publication of the resolution of intention provided for in 7-12-4106. However, if special improvement district bonds are proposed to be issued and secured by the revolving fund, the requirements of 7-12-4106, 7-12-4108 through 7-12-4110, 7-12-4112 through 7-12-4114, 7-12-4169, 7-12-4189, 7-12-4222, 7-12-4223, and 7-12-4225 must be met by the governing body.
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(5); amd. Sec. 13, Ch. 229, L. 1995; amd. Sec. 52, Ch. 354, L. 2001; amd. Sec. 18, Ch. 277, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4713. Estimates of expenses -- tax levy

7-14-4713. Estimates of expenses -- tax levy.
(1) The governing body shall:
(a) make annual statements and estimates of the expenses of the district that are provided for by the levy and collection of ad valorem taxes upon the taxable value of all the real and personal property in the district;
(b) publish notice of the estimates; and
(c) have hearings on the statements and estimates and adopt them as provided for incorporated cities and towns by 7-12-4104, 7-12-4106, 7-12-4110, 7-12-4112, 7-12-4113, and 7-12-4117.
(2) Subject to 15-10-420, the governing body, on or before the second Monday in August of each year, shall fix, levy, and assess the amount to be raised by ad valorem taxes upon all of the property of the district. All statutes providing for the levy and collection of state and county taxes, including the collection of delinquent taxes and sale of property for nonpayment of taxes, are applicable to the district taxes provided for under this section.
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(6); amd. Sec. 44, Ch. 584, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4714. Manner of financing district for pedestrian mall or offstreet parking

7-14-4714. Manner of financing district for pedestrian mall or offstreet parking.
An improvement district formed for the purpose of establishing a pedestrian mall or offstreet parking may be financed in accordance with the provisions of 7-12-4161 through 7-12-4168, 7-12-4173, and 7-12-4175 and in accordance with the methods of financing set forth in Title 7, chapter 7, part 44.
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(7); amd. Sec. 6, Ch. 453, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4715. Authorization for issuance of bonds by improvement districts for pedestrian malls or offstreet parking

7-14-4715. Authorization for issuance of bonds by improvement districts for pedestrian malls or offstreet parking.
An improvement district formed for pedestrian malls or offstreet parking shall be authorized to issue improvement bonds.
History: En. 11-2214.1 by Sec. 2, Ch. 136, L. 1967; R.C.M. 1947, 11-2214.1(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4716. Procedure to issue bonds

7-14-4716. Procedure to issue bonds.
(1) When the governing body determines that improvement bonds are to be issued, it shall so declare in the resolution of intention for the work and shall specify the rate of interest which the bonds will bear. A description of the bonds, including the manner of repayment, shall be inserted in all notices of the proceedings required to be published or posted. A like description of the bonds shall be included in the warrant.
(2) All other proceedings for the work up to and including the approval of the assessment by the governing body and including delivery of the assessment to the contractor, demand of payment of the several assessments, and the return and record thereof shall be in all respects as provided in this part and parts 41 and 42 of chapter 12.
History: En. 11-2214.1 by Sec. 2, Ch. 136, L. 1967; R.C.M. 1947, 11-2214.1(a), (b); amd. Sec. 13, Ch. 253, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4717. List of unpaid assessments

7-14-4717. List of unpaid assessments.
After expiration of the prescribed time from the date of the warrant and after the treasurer has recorded the return, the treasurer shall make and certify to the clerk and recorder a complete list of all unpaid assessments that amount to $25 or more upon any assessment.
History: En. 11-2214.2 by Sec. 3, Ch. 136, L. 1967; amd. Sec. 14, Ch. 234, L. 1971; R.C.M. 1947, 11-2214.2(a); amd. Sec. 609, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4718. Removal of property from list

7-14-4718. Removal of property from list.
(1) If any person before certification of the list to the clerk and recorder presents to the treasurer an affidavit that the person is the owner of a lot on the list, accompanied by the certificate of a searcher of records that the person is the owner of record, and notifies the treasurer in writing that the person does not desire a bond to be issued for the assessment upon the lot, then the assessment may not be included in the list and remains collectible as provided by parts 41 and 42 of chapter 12 and this part.
(2) Failure to file the notice bars any defense against the bonds except the defense that the governing body did not have authority to issue the bonds.
History: En. 11-2214.2 by Sec. 3, Ch. 136, L. 1967; amd. Sec. 14, Ch. 234, L. 1971; R.C.M. 1947, 11-2214.2(b); amd. Sec. 610, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4719. Presentation of list to governing body -- issuance of bonds

7-14-4719. Presentation of list to governing body -- issuance of bonds.
The clerk shall present the list to the governing body at its next meeting, and the body shall thereupon by resolution direct improvement bonds to be issued to the contractor for the amount of the assessments remaining unpaid, prescribing the number and denomination of the bonds and the times when payable. The resolution shall also fix the place, if any, other than the office of the treasurer at which the bonds and the interest thereon shall be payable.
History: En. 11-2214.2 by Sec. 3, Ch. 136, L. 1967; amd. Sec. 14, Ch. 234, L. 1971; R.C.M. 1947, 11-2214.2(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4720. Details of bonds

7-14-4720. Details of bonds.
(1) The number and denomination of the bonds and the times when payable shall be fixed so that an approximately equal amount of the total sum shall be paid each year until the whole amount is paid, not exceeding 25 years and 3 months from the date of the bonds, but any fractional amounts may be added to the amount due in any year so that the amounts due in all other years shall be in equal multiples of $100 each. Except for a bond to represent any odd amount due in any year, the denominations of the bonds shall be fixed at $100 or some multiple thereof not exceeding $1,000.
(2) The bonds shall be issued as of the date of the warrant and shall bear interest from such date at the rate specified in the resolution of intention. They shall have semiannual interest coupons attached, the first of which shall be payable on January 1 or July 1, as the case may be, occurring 90 days after the date of the bond and shall be for the interest accrued at that time.
(3) The due date of all bonds shall be January 1 in the years in which they respectively become due.
History: En. 11-2214.2 by Sec. 3, Ch. 136, L. 1967; amd. Sec. 14, Ch. 234, L. 1971; R.C.M. 1947, 11-2214.2(part).