reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 41. General Provisions Related to Municipal Trafficways and Public Grounds › 7-14-4110. Assessments for costs

7-14-4110. Assessments for costs.
(1) The payment of assessments to defray the cost of construction of the sidewalks, curbs, and gutters referred to in 7-14-4109 or any combination of sidewalks, curbs, or gutters or alley approach may be spread over a period not to exceed 20 years. Payments must be made in equal annual installments.
(2) Before the first Monday of October each year, the city council shall adopt a resolution levying an assessment against each lot or parcel of land in front of which sidewalks, curbs, and gutters or any combination of sidewalks, curbs, or gutters has been constructed under orders of the city council or each lot or parcel of land having access to the property by way of the alley approach that has been constructed under orders of the city council. The resolution levying the assessment must be prepared and certified in the same manner as resolutions levying assessments for the making of improvements in special improvement districts.
History: Ap. p. Sec. 20, Ch. 89, L. 1913; re-en. Sec. 5244, R.C.M. 1921; amd. Sec. 1, Ch. 12, L. 1929; re-en. Sec. 5244, R.C.M. 1935; amd. Sec. 1, Ch. 19, L. 1965; amd. Sec. 15, Ch. 234, L. 1971; Sec. 11-2226, R.C.M. 1947; Ap. p. 11-2226.1 by Sec. 1, Ch. 206, L. 1971; Sec. 11-2226.1, R.C.M. 1947; R.C.M. 1947, 11-2226(part), 11-2226.1(part); amd. Sec. 2, Ch. 457, L. 1983; amd. Sec. 1, Ch. 159, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 41. General Provisions Related to Municipal Trafficways and Public Grounds › 7-14-4111. Determination of alley approach

7-14-4111. Determination of alley approach.
What constitutes an alley approach shall be defined by the city council of each municipality which orders in alley approaches as provided in 7-14-4109.
History: En. 11-2226.1 by Sec. 1, Ch. 206, L. 1971; R.C.M. 1947, 11-2226.1(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 41. General Provisions Related to Municipal Trafficways and Public Grounds › 7-14-4112. Change of name of street

7-14-4112. Change of name of street.
(1) Any town or city council may in its judgment, when it appears to the best interest of the town or city and the inhabitants thereof, expressed by resolution duly and regularly passed and adopted, change the name or number of any street or avenue, subject to the conditions provided for in subsection (2), except that 51% of the property owners objecting to the change of name or question involved shall be supreme in this matter.
(2) The town or city engineer (if there be no such officer, the council may employ one for such purpose) shall prepare a plat showing such subdivisions, streets, and avenues affected by such change, with the appropriate notation of change thereon. Upon approval of such plat by the council and the filing of the same as approved with the county clerk and recorder wherein the town or city is situated, the names or numbers of said streets and avenues shall be deemed changed in accordance to the terms of said resolution as provided for in subsection (1).
History: En. Secs. 1, 2, Ch. 21, L. 1939; R.C.M. 1947, 11-907, 11-908.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 41. General Provisions Related to Municipal Trafficways and Public Grounds › 7-14-4113. Use of city road fund

7-14-4113. Use of city road fund.
The city treasurer shall hold the fees paid pursuant to 7-14-2512(1)(b) in a separate city road fund which shall be used by the city council only for the construction, repair, and maintenance of permanent highways and streets within the corporate limits.
History: En. Sec. 7-203, Ch. 197, L. 1965; amd. Sec. 2, Ch. 467, L. 1975; R.C.M. 1947, 32-3703(2).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 41. General Provisions Related to Municipal Trafficways and Public Grounds › 7-14-4114. Procedure to discontinue streets

7-14-4114. Procedure to discontinue streets.
(1) The council may discontinue a street or alley or any part of a street or alley in a city or town, if it can be done without detriment to the public interest, upon:
(a) a petition in writing of all owners of lots on the street or alley; or
(b) (i) a petition in writing of more than 50% of the owners of lots on the street or alley; and
(ii) approval by a majority vote of the council.
(2) Where the street or alley is to be closed for school purposes, the council may discontinue the street or alley upon a petition signed by 75% of the lot owners on the whole street or alley to be closed.
(3) Before acting upon the petition, a notice must be published, stating when the petition will be acted on and what street or alley or part of a street or alley is asked to be vacated. The notice must be published as provided in 7-1-4127.
History: (1), (2)En. Sec. 429, 5th Div. Comp. Stat. 1887; amd. Sec. 5030, Pol. C. 1895; re-en. Sec. 3479, Rev. C. 1907; re-en. Sec. 5306, R.C.M. 1921; amd. Sec. 1, Ch. 13, L. 1929; re-en. Sec. 5306, R.C.M. 1935; amd. Sec. 1, Ch. 1, L. 1941; amd. Sec. 1, Ch. 36, L. 1945; Sec. 11-2801, R.C.M. 1947; (3)En. Sec. 429, 5th Div. Comp. Stat. 1887; amd. Sec. 5031, Pol. C. 1895; re-en. Sec. 3480, Rev. C. 1907; re-en. Sec. 5307, R.C.M. 1921; re-en. Sec. 5307, R.C.M. 1935; Sec. 11-2802, R.C.M. 1947; R.C.M. 1947, 11-2801(part), 11-2802; amd. Sec. 1, Ch. 78, L. 1989; amd. Sec. 51, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 41. General Provisions Related to Municipal Trafficways and Public Grounds › 7-14-4115. Discontinuance of street not to affect utility easements

7-14-4115. Discontinuance of street not to affect utility easements.
The vacation authorized by 7-14-4114 shall not affect the right of any public utility to continue to maintain its plant and equipment in any such streets or alleys.
History: En. Sec. 429, 5th Div. Comp. Stat. 1887; amd. Sec. 5030, Pol. C. 1895; re-en. Sec. 3479, Rev. C. 1907; re-en. Sec. 5306, R.C.M. 1921; amd. Sec. 1, Ch. 13, L. 1929; re-en. Sec. 5306, R.C.M. 1935; amd. Sec. 1, Ch. 1, L. 1941; amd. Sec. 1, Ch. 36, L. 1945; R.C.M. 1947, 11-2801(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 41. General Provisions Related to Municipal Trafficways and Public Grounds › 7-14-4116. No authority to require fee and permit for oversize vehicles

7-14-4116. No authority to require fee and permit for oversize vehicles.
The authority to regulate trafficways and motor vehicles provided in this part does not include the authority to require a fee and a permit for the movement of a vehicle, combination of vehicles, load, object, or other thing of a size exceeding the maximum specified in 61-10-101 through 61-10-104 on a highway that is maintained by and under the jurisdiction of an entity other than the city or town.
History: En. Sec. 2, Ch. 173, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 41. General Provisions Related to Municipal Trafficways and Public Grounds › 7-14-4121. Maintenance and regulation of public grounds

7-14-4121. Maintenance and regulation of public grounds.
The city or town council has power to provide for enclosing, improving, and regulating all public grounds belonging to the city or town.
History: En. Subd. 74, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.73, R.C.M. 1935; R.C.M. 1947, 11-976.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 41. General Provisions Related to Municipal Trafficways and Public Grounds › 7-14-4122. Construction and maintenance of sidewalks, curbs, and gutters

7-14-4122. Construction and maintenance of sidewalks, curbs, and gutters.
(1) The city or town council has power to regulate and provide for the construction or repair of sidewalks, foot pavements, curbs, gutters, or any combination thereof.
(2) If the owner of any lot fails to comply with the provisions of the ordinance within such time as may be prescribed thereby, the council may contract for the construction and repair of such sidewalks, pavements, curbs, gutters, or any combination thereof and the city or town may pay for the same. The amount so paid is a lien upon the lot and may be enforced or the amount may be recovered against the owner by a suit before any court of competent jurisdiction.
History: En. Subd. 65, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.64, R.C.M. 1935; R.C.M. 1947, 11-967.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 41. General Provisions Related to Municipal Trafficways and Public Grounds › 7-14-4123. Regulation of sidewalks

7-14-4123. Regulation of sidewalks.
The city or town council has power to prevent the riding or driving of animals or the drawing or riding of vehicles of any kind on the sidewalks of the city or the doing of damage in any way to the sidewalks.
History: En. Subd. 39, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.38, R.C.M. 1935; R.C.M. 1947, 11-941.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 42. Establishment and Change of Street Grade › 7-14-4201. Establishment and alteration of street grade

7-14-4201. Establishment and alteration of street grade.
(1) The city or town council may establish the grade of any street, alley, or avenue.
(2) When the grade has been established, it may not be changed except by a vote of the majority of the council and not until the damage to property owners caused by the change of grade has been assessed and determined by three disinterested appraisers. The appraisers must be appointed by the mayor and confirmed by the council. The appraisers shall make an appraisal, taking into consideration the benefits, if any, to the property, and shall file their report with the city or town clerk within 10 days after receiving notice of their appointment. The amount of damages assessed must be tendered to the owner or the owner's agent before any change of grade is made.
History: En. Subd. 68, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.67, R.C.M. 1935; R.C.M. 1947, 11-970; amd. Sec. 604, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 42. Establishment and Change of Street Grade › 7-14-4202. Payment of damages resulting from change of grade

7-14-4202. Payment of damages resulting from change of grade.
When the grade of any street or sidewalk in any city or town is established by the corporate authority of such city or town and a building shall thereafter be constructed upon a lot abutting on said street, no change must be made in the grade of such street or sidewalk which requires the raising or lowering of any building so constructed until the damages which may accrue by reason of such raising or lowering are ascertained and paid as is hereinafter provided.
History: En. Sec. 4940, Pol. C. 1895; re-en. Sec. 3441, Rev. C. 1907; re-en. Sec. 5300, R.C.M. 1921; re-en. Sec. 5300, R.C.M. 1935; R.C.M. 1947, 11-2601.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 42. Establishment and Change of Street Grade › 7-14-4203. Determination of damages

7-14-4203. Determination of damages.
(1) If the council of the city or town and the owner of a building are unable to agree upon the amount of damages from the change of a street grade, the council shall appoint three disinterested freeholders of the city or town to appraise the damages.
(2) The appraisers, after being duly sworn, shall appraise the damage and make a written report, signed by at least a majority of them. One copy must be delivered to the clerk of the city or town to be immediately filed in the clerk's office and another copy must be delivered to the owner of the building. The report must be made and delivered within 10 days after the appointment of the appraisers.
History: Ap. p. Sec. 4941, Pol. C. 1895; re-en. Sec. 3442, Rev. C. 1907; re-en. Sec. 5301, R.C.M. 1921; re-en. Sec. 5301, R.C.M. 1935; Sec. 11-2602, R.C.M. 1947; Ap. p. Sec. 4942, Pol. C. 1895; re-en. Sec. 3443, Rev. C. 1907; re-en. Sec. 5302, R.C.M. 1921; re-en. Sec. 5302, R.C.M. 1935; Sec. 11-2603, R.C.M. 1947; R.C.M. 1947, 11-2602, 11-2603; amd. Sec. 605, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 42. Establishment and Change of Street Grade › 7-14-4204. Appeal from determination of damages

7-14-4204. Appeal from determination of damages.
(1) Within 20 days after the filing of the report with the clerk, either party feeling dissatisfied with such appraisement may file in the office of the clerk of the district court within the county in which such city or town is located a copy of such report, certified by the clerk of such city or town, and file with said clerk and serve on the opposite party a notice of appeal from such report.
(2) Upon the filing of the report and the notice of appeal, the clerk of the district court must cause such proceedings to be entered on the register of actions, designating such city or town as plaintiff and the owner of the building as defendant. The question of the amount of damages may be tried by a jury or the court.
(3) The report of the appraisers is the complaint, all the material facts of which in reference to damages are considered denied, and these constitute the issues to be tried.
History: (1), (2)En. Sec. 4943, Pol. C. 1895; re-en. Sec. 3444, Rev. C. 1907; re-en. Sec. 5303, R.C.M. 1921; re-en. Sec. 5303, R.C.M. 1935; Sec. 11-2604, R.C.M. 1947; (3)En. Sec. 4944, Pol. C. 1895; re-en. Sec. 3445, Rev. C. 1907; re-en. Sec. 5304, R.C.M. 1921; re-en. Sec. 5304, R.C.M. 1935; Sec. 11-2605, R.C.M. 1947; R.C.M. 1947, 11-2604, 11-2605.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 42. Establishment and Change of Street Grade › 7-14-4205. Payment of costs

7-14-4205. Payment of costs.
In case the owner of the building appeals and the damages are not increased or in case the city or town appeals and the damages are decreased in the district court, the costs must be paid by the defendant. In all other cases or in the case no appeal is taken, the costs must be paid by the city or town.
History: En. Sec. 4945, Pol. C. 1895; re-en. Sec. 3446, Rev. C. 1907; re-en. Sec. 5305, R.C.M. 1921; re-en. Sec. 5305, R.C.M. 1935; R.C.M. 1947, 11-2606.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 43. Municipal Regulation of Railways and Street Railroads › 7-14-4301. Regulation of railways

7-14-4301. Regulation of railways.
(1) The city or town council may grant the right-of-way through the streets, avenues, and other property of a city or town for the purpose of street or other railroads, to regulate the running and management of the railroads and to compel the owner of a street or other railroad to keep the street in repair when occupied by the street or other railroad, to regulate the speed of railroad engines, and to require railroad companies to station flag persons at street crossings.
(2) The city or town council may regulate and control the laying of railroad tracks and may prohibit the use of engines and locomotives or regulate the speed of engines and locomotives.
History: (1)En. Subd. 66, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.65, R.C.M. 1935; Sec. 11-968, R.C.M. 1947; (2)En. Subd. 11, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.10, R.C.M. 1935; Sec. 11-913, R.C.M. 1947; R.C.M. 1947, 11-913, 11-968; amd. Sec. 606, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 43. Municipal Regulation of Railways and Street Railroads › 7-14-4302. Regulation of lighting for railway right-of-way -- crossings

7-14-4302. Regulation of lighting for railway right-of-way -- crossings.
(1) The city or town council may require the lighting of any railroad track or route within a city or town, the cars of which are propelled by steam or otherwise, and fix and determine the number, style, and size of lampposts, burners, lamps, and all other fixtures and apparatus necessary for such lighting and the points of location of the lampposts.
(2) The city or town council may:
(a) require the construction of crossings on the line of any railroad track or route within the city or town, the cars of which are propelled by steam or otherwise, where the track intersects or crosses any street, alley, or public highway or runs along the same; and
(b) fix and determine the size, kind, and grade of the crossing.
(3) In case the owner of such railroad fails to comply with the requirements, the council may cause the same to be done. The council may assess the expense thereof against the owner, and the expense constitutes a lien on any property belonging to the owner within the city or town and may be collected as other taxes.
History: En. Subd. 12, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Secs. 5039.11, R.C.M. 1935; R.C.M. 1947, 11-914; amd. Sec. 11, Ch. 253, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 43. Municipal Regulation of Railways and Street Railroads › 7-14-4303. Authorization for and regulation of street railroads

7-14-4303. Authorization for and regulation of street railroads.
The city or town council has power to license and authorize the construction and operation of street railroads and to require them to conform to the grade of the street as the same is or may be established.
History: En. Subd. 13, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Secs. 5039.12, R.C.M. 1935; R.C.M. 1947, 11-915.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 44. Municipal Bus Services › 7-14-4401. Provision of bus service

7-14-4401. Provision of bus service.
Whenever a city or town is not being served by a bus company or operator operating on a regular schedule and under the jurisdiction of the public service commission or if such service is likely to be discontinued in the immediate future, the city or town council of the incorporated city or town:
(1) may contract an indebtedness of any such city or town upon the credit thereof by borrowing money or issuing bonds for the purchase, development, operation, or leasing of motorbuses and buslines for the transportation of passengers within the corporate limits of such cities and towns and to operate the same to any point or points beyond these limits not to exceed 8 miles measured along the route of the busline;
(2) shall have the power to enter into a contract or contracts or to enter into a lease or a lease and operating agreement with an independent carrier or independent carriers for the transportation of passengers by bus within the corporate limits of such city or town and to and from any point or points beyond said limits not to exceed 8 miles measured along the route of said busline or buslines.
History: Ap. p. Sec. 1, Ch. 101, L. 1951; amd. Sec. 1, Ch. 211, L. 1955; amd. Sec. 1, Ch. 120, L. 1957; amd. Sec. 21, Ch. 315, L. 1974; amd. Sec. 24, Ch. 566, L. 1977; Sec. 11-1019, R.C.M. 1947; Ap. p. Sec. 3, Ch. 211, L. 1955; amd. Sec. 1, Ch. 120, L. 1957; amd. Sec. 21, Ch. 315, L. 1974; Sec. 11-1021, R.C.M. 1947; R.C.M. 1947, 11-1019(part), 11-1021(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 44. Municipal Bus Services › 7-14-4402. Limit on indebtedness to provide bus service

7-14-4402. Limit on indebtedness to provide bus service.
The total amount of indebtedness authorized under 7-14-4401(1) to be contracted in any form, including existing indebtedness, may not at any time exceed the debt limitation established in 7-7-4201. Money may not be borrowed or bonds issued for the purposes specified in 7-14-4401(1) until the proposition has been submitted to the vote of the taxpayers of the city or town and a majority vote is cast in its favor.
History: En. Sec. 1, Ch. 101, L. 1951; amd. Sec. 1, Ch. 211, L. 1955; amd. Sec. 1, Ch. 120, L. 1957; amd. Sec. 21, Ch. 315, L. 1974; amd. Sec. 24, Ch. 566, L. 1977; R.C.M. 1947, 11-1019(part); amd. Sec. 53, Ch. 614, L. 1981; amd. Sec. 18, Ch. 29, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 44. Municipal Bus Services › 7-14-4403. Operation of municipal busline

7-14-4403. Operation of municipal busline.
The city or town council or commission has authority to provide for the:
(1) management and operation of the system authorized by 7-14-4401(1) and to do all things necessary for the successful operation of that transportation system;
(2) safe operation of the transportation system, including the adoption of ordinances or resolutions to require motor vehicles to yield the right-of-way to buses reentering the traffic flow; and
(3) enforcement of ordinances or resolutions adopted under subsection (2).
History: En. Sec. 2, Ch. 101, L. 1951; amd. Sec. 1, Ch. 211, L. 1955; amd. Sec. 1, Ch. 120, L. 1957; R.C.M. 1947, 11-1020; amd. Sec. 1, Ch. 160, L. 1983; amd. Sec. 1, Ch. 246, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 44. Municipal Bus Services › 7-14-4404. Tax levy for contracts to operate bus service

7-14-4404. Tax levy for contracts to operate bus service.
For the purpose of raising the necessary money to defray the cost of the transportation service authorized by 7-14-4401(2) pursuant to a contract, lease, or lease and operating agreement with an independent carrier or carriers, the city or town council may annually levy a tax on the taxable value of all taxable property within the limits of the city or town. Whenever the council of the city or town considers it necessary to raise money by taxation for transportation services in excess of the levy allowed by 15-10-420, the council of the city or town shall in the manner prescribed by law submit the question of the additional levy to the qualified electors of the city or town at an election held pursuant to 15-10-425.
History: En. Sec. 3, Ch. 211, L. 1955; amd. Sec. 1, Ch. 120, L. 1957; amd. Sec. 21, Ch. 315, L. 1974; R.C.M. 1947, 11-1021(part); amd. Sec. 12, Ch. 253, L. 1979; amd. Sec. 51, Ch. 387, L. 1995; amd. Sec. 16, Ch. 495, L. 2001; amd. Sec. 53, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 44. Municipal Bus Services › 7-14-4405. Bids for bus service contracts authorized -- operation of bus service

7-14-4405. Bids for bus service contracts authorized -- operation of bus service.
The city or town council shall have power and authority to call for bids from independent carriers for such transportation service authorized by 7-14-4401(2) and to do all things necessary or proper for establishment and maintenance of such transportation service by contract, lease, or lease and operating agreement.
History: En. Sec. 4, Ch. 211, L. 1955; amd. Sec. 1, Ch. 120, L. 1957; R.C.M. 1947, 11-1022.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 45. Municipal Parking › 7-14-4501. Acquisition, construction, and maintenance of parking areas

7-14-4501. Acquisition, construction, and maintenance of parking areas.
A city or town council may:
(1) acquire by lease, gift, purchase, or condemnation pursuant to Title 70, chapter 30, lots or lands for use as parking areas for motor vehicles;
(2) construct and maintain on the acquired land or on any premises owned or under lease by the city or town suitable parking facilities for the use of the public and for general traffic control; and
(3) charge for the use of parking facilities.
History: En. Sec. 1, Ch. 96, L. 1951; R.C.M. 1947, 11-1018(part); amd. Sec. 16, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 45. Municipal Parking › 7-14-4502. Bond issue to finance parking areas

7-14-4502. Bond issue to finance parking areas.
A city or town council shall have power to:
(1) issue bonds or other securities for the payment of the lots or lands and facilities referred to in 7-14-4501, payable in whole or in part from the revenues of any such parking lots or areas or parking facilities or from other sources; and
(2) pledge, place a charge upon, or otherwise make available as additional security for the payment of such bonds or securities any or all revenues from any or all street parking meters owned or to be owned and controlled by said city or town.
History: En. Sec. 1, Ch. 96, L. 1951; R.C.M. 1947, 11-1018(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 45. Municipal Parking › 7-14-4511. Provision of parking meters in smaller municipalities -- ordinance required

7-14-4511. Provision of parking meters in smaller municipalities -- ordinance required.
The city or town council of any incorporated city or town of 2,500 population or less is hereby empowered to enact an ordinance or ordinances:
(1) to purchase, rent, lease, or otherwise acquire coin-operating parking meters or other devices or instruments used for the purpose of measuring the duration of time an automobile or other vehicle is parked;
(2) to install, maintain, and operate said meters, devices, or instruments at or near any public street, highway, avenue, or other public place within the corporate limits of such city or town;
(3) to provide for such regulations as necessary to govern the use of its public streets, highways, avenues, or other public places for the purpose of parking automobiles or other vehicles and the use of said meters, devices, or instruments in conjunction therewith, including the establishment and designation of zones or areas where said meters, devices, or instruments are to be used.
History: En. Sec. 1, Ch. 91, L. 1949; R.C.M. 1947, 11-1015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 45. Municipal Parking › 7-14-4512. Referendum on parking meters prior to enacting ordinance

7-14-4512. Referendum on parking meters prior to enacting ordinance.
An ordinance providing for purchasing, renting, leasing, or otherwise acquiring or installing, maintaining, operating, or using parking meters, devices, or instruments may not be enacted unless the question of whether or not the ordinance may be enacted has been submitted to the qualified electors of the city or town at an election conducted in accordance with Title 13, chapter 1, part 4. An ordinance may not be enacted unless a majority of the votes cast are in favor of enacting the ordinance.
History: En. Sec. 2, Ch. 91, L. 1949; R.C.M. 1947, 11-1016; amd. Sec. 52, Ch. 387, L. 1995; amd. Sec. 157, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4601. Findings and purpose

7-14-4601. Findings and purpose.
(1) It is hereby determined and declared that excessive curb parking of motor vehicles in urban and metropolitan areas and the lack of adequate offstreet parking facilities in some cities is against the public interest.
(2) The purpose of this part is to provide means whereby cities in which additional offstreet parking facilities are considered necessary may obtain and provide same and whereby such cities may regulate onstreet and offstreet parking in a coordinated manner.
History: En. Sec. 1, Ch. 223, L. 1951; amd. Sec. 1, Ch. 127, L. 1955; amd. Sec. 2, Ch. 77, L. 1975; R.C.M. 1947, 11-3701.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4602. Definitions

7-14-4602. Definitions.
The following terms, wherever used or referred to in this part, shall have the following respective meanings unless a different meaning clearly appears from the context:
(1) "City" shall mean the particular city for which a particular commission may be created or which may act as such a commission pursuant to resolution of its legislative body.
(2) "Clause" includes article, section, subsection, paragraph, sentence, or provision.
(3) "Clerk" shall mean the clerk of the city or the officer charged with the duties customarily imposed on such clerk.
(4) "Commission" or "parking commission" shall mean any of the public corporations which may be created by a city and any city which may exercise the powers of a parking commission pursuant to resolution adopted by its legislative body under the provisions of 7-14-4603 through 7-14-4608.
(5) "Indenture" means ordinance, resolution, or indenture which may be passed, adopted, or entered into by a commission or by the legislative body of a city.
(6) "Legislative body" shall mean the city council or other body in which the general legislative powers of the city are vested.
(7) "Mayor" shall mean the mayor of the city or the officer thereof charged with the duties customarily imposed on the mayor or executive head of the city.
(8) "Obligee of the commission" or "obligee" shall be any bondholder, trustee or trustees for any bondholders, or lessor demising to the commission property used in connection with a parking facility or any assignee or assignees of such lessor's interest or any part thereof and the state or the United States or any agency of either when a party to any contract with a commission by which aid or a loan is given or made to the commission.
(9) "Project" shall mean any acquisition, improvement, construction, or undertaking of any kind authorized by this part.
(10) "State public body" means the state or any city, commission, or any other subdivision or public body of the state.
History: En. Sec. 2, Ch. 223, L. 1951; amd. Sec. 1, Ch. 401, L. 1973; R.C.M. 1947, 11-3702.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4603. Creation of parking commission authorized

7-14-4603. Creation of parking commission authorized.
A city may create, as provided for in 7-14-4603 through 7-14-4608, a public body to be known as the parking commission of the city. The commission of any city shall not transact any business or exercise any powers under this part unless and until the legislative body of the city shall by resolution declare that there is need for a parking commission to function in such city.
History: En. Sec. 3, Ch. 223, L. 1951; amd. Sec. 2, Ch. 127, L. 1955; R.C.M. 1947, 11-3703(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4604. Public nature of parking commission

7-14-4604. Public nature of parking commission.
Each commission shall constitute a public body, corporate and politic, exercising public and essential governmental functions.
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 › 7-14-4605. Determination of need to create parking commission

7-14-4605. Determination of need to create parking commission.
The determination as to whether there is need for a commission to function may be made by the legislative body on its own motion or upon the filing of a petition signed by 100 residents of the city asserting that there is need for a commission to function in such city and requesting that the legislative body so declare.
History: En. Sec. 3, Ch. 223, L. 1951; amd. Sec. 2, Ch. 127, L. 1955; R.C.M. 1947, 11-3703(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4606. Resolution of need required

7-14-4606. Resolution of need required.
A city shall not transact any business or exercise any powers of this part unless and until the legislative body of the city shall by resolution declare that there is need for such city to exercise the powers of a parking commission as provided in this part.
History: En. Sec. 3, Ch. 223, L. 1951; amd. Sec. 2, Ch. 127, L. 1955; R.C.M. 1947, 11-3703(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4607. Resolution for parking commission to function

7-14-4607. Resolution for parking commission to function.
In any suit, action, or proceeding by or against or in any manner relating to a parking commission, the commission shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of a resolution by the legislative body declaring the need for the commission to function.
History: En. Sec. 3, Ch. 223, L. 1951; amd. Sec. 2, Ch. 127, L. 1955; R.C.M. 1947, 11-3703(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4608. Adoption of resolutions -- jurisdictional area

7-14-4608. Adoption of resolutions -- jurisdictional area.
Either or both such resolutions referred to in 7-14-4606 and 7-14-4607 may be adopted by the legislative body of a city. If both such resolutions are adopted, they shall clearly specify areas within the city, less than the whole thereof, within which or projects over which the commission and the city, respectively, are to have jurisdiction and control. The division of such jurisdiction and control shall be as so specified but may be changed from time to time by action of both the legislative body and the commission to such extent as may be consistent with obligations to bondholders assumed under this part.
History: En. Sec. 3, Ch. 223, L. 1951; amd. Sec. 2, Ch. 127, L. 1955; R.C.M. 1947, 11-3703(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4609. Appointment of commission

7-14-4609. Appointment of commission.
(1) Except as provided in subsection (3), when the legislative body of a city first adopts a resolution for a parking commission, the mayor, with the approval of the legislative body, shall appoint not less than five or more than seven electors of the city as members of the commission.
(2) Except as provided in subsection (3), the number of members of the commission, once established, may be changed within the number limits established in subsection (1) by subsequent resolutions of the legislative body of the city. A resolution to reduce the number of commission members may not require resignation of any member prior to completion of the member's appointed term.
(3) The legislative body of a city may designate the board of trustees of a business improvement district appointed pursuant to 7-12-1121 as the parking commission if the area of the business improvement district is generally coterminous with the area designated in the resolution creating the parking commission as being subject to the jurisdiction and control of the parking commission.
History: En. Sec. 4, Ch. 223, L. 1951; amd. Sec. 3, Ch. 77, L. 1975; R.C.M. 1947, 11-3704(part); amd. Sec. 1, Ch. 189, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4610. Term of office

7-14-4610. Term of office.
(1) Except as provided in subsection (3), three of the members who are first appointed must be designated to serve for terms of 1, 2, and 3 years, respectively, from the date of their appointments, and two must be designated to serve for terms of 4 years from the date of their appointment. For a seven-member commission, there must be two additional appointments of 2 years and 3 years, respectively.
(2) Except as provided in subsection (3), at the expiration of terms established in subsection (1), members must be appointed for a term of office of 4 years, except that all vacancies occurring during a term must be filled for the unexpired term. A member shall hold office until a qualified successor has been appointed.
(3) If the board of trustees of a business improvement district has been appointed to serve as the parking commission, the term of office for a trustee serving as a commissioner must be the same as the trustee's term of office as a member of the business improvement district's board of trustees.
History: En. Sec. 4, Ch. 223, L. 1951; amd. Sec. 3, Ch. 77, L. 1975; R.C.M. 1947, 11-3704(part); amd. Sec. 2, Ch. 189, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4611. Removal of parking commission member

7-14-4611. Removal of parking commission member.
A member of a commission may be removed by the mayor with the consent of the legislative body of the city.
History: En. Sec. 4, Ch. 223, L. 1951; amd. Sec. 3, Ch. 77, L. 1975; R.C.M. 1947, 11-3704(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4612. Organization and operation of commission

7-14-4612. Organization and operation of commission.
(1) The powers of each commission are vested in the current members of the commission.
(2) The appointing officer shall designate which of the members of the commission is the first presiding officer, but when the office of presiding officer of the commission becomes vacant, the commission shall elect a presiding officer from among its members. The term of office as presiding officer of the commission, unless otherwise prescribed by the legislative body of the city, must be for the calendar year or for that portion of a year remaining after each presiding officer is designated or elected.
(3) Members must receive their actual and necessary expenses, including traveling expenses, and may receive other compensation that the legislative body may prescribe.
History: En. Sec. 4, Ch. 223, L. 1951; amd. Sec. 3, Ch. 77, L. 1975; R.C.M. 1947, 11-3704(part); amd. Sec. 607, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4613. Funds for administrative purposes of parking commission

7-14-4613. Funds for administrative purposes of parking commission.
When any city or the commission created for it becomes authorized to transact business and exercise the powers of a parking commission, the legislative body of the city, subject to its fiscal law, may, at that time and from time to time thereafter, make an estimate of the amount of money required for administrative purposes of the commission and may appropriate such amounts to the commission as it deems necessary, subject to such conditions as the legislative body may prescribe.
History: En. Sec. 5, Ch. 223, L. 1951; amd. Sec. 2, Ch. 401, L. 1973; R.C.M. 1947, 11-3705(1).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4614. Annual audit of financial affairs of parking commission

7-14-4614. Annual audit of financial affairs of parking commission.
The financial affairs of the parking commission shall be audited annually by independent certified public accountants.
History: En. Sec. 5, Ch. 223, L. 1951; amd. Sec. 2, Ch. 401, L. 1973; R.C.M. 1947, 11-3705(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4615. Reports on commission transactions

7-14-4615. Reports on commission transactions.
The legislative body shall cause:
(1) a detailed report of all transactions of the parking commission, including a statement of all revenues and expenditures, to be filed with it at quarterly, semiannual, or annual intervals as the legislative body may prescribe; and
(2) a summary statement of all its financial affairs to be published at least once annually in a newspaper of general circulation published in the city or, if none is so published, then in such newspaper of general circulation as it may deem most likely to give notice to all residents of the city.
History: En. Sec. 5, Ch. 223, L. 1951; amd. Sec. 2, Ch. 401, L. 1973; R.C.M. 1947, 11-3705(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4616. Termination of parking commission due to inaction -- windup of commission affairs

7-14-4616. Termination of parking commission due to inaction -- windup of commission affairs.
(1) After the lapse of 4 years from the date of adoption of a resolution declaring the need for a parking commission to function in a city, if such commission shall not have acquired or entered into possession of land for a parking facility or issued bonds, the legislative body of such city may by resolution declare that there is no need for such commission in the community. Thereupon the offices of the members of the commission shall become vacant and the capacity of the commission to transact business or exercise any powers shall be suspended and shall remain suspended until the legislative body thereafter adopts a resolution declaring the need for the commission to function.
(2) After adoption of a resolution declaring there is no need for such commission to function or while any such resolution is in effect, the legislative body of a city shall have power to wind up the affairs of the commission and shall have title to all property of the commission for the purpose of offstreet parking only, to be leased to and operated by companies, individuals, or corporations.
History: En. Sec. 6, Ch. 223, L. 1951; R.C.M. 1947, 11-3706(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4621. General powers of parking commission

7-14-4621. General powers of parking commission.
Each parking commission, subject to the limitations imposed by this part, shall have the following powers:
(1) to sue and be sued, have a seal, make and execute contracts and other instruments necessary or convenient to the exercise of its powers;
(2) to make and from time to time amend and repeal bylaws and rules, not inconsistent with this part, to carry into effect the powers and purposes thereof;
(3) to select and appoint or remove such officers, agents, counsel, and employees, permanent and temporary, as it may require and to determine their qualifications, duties, and compensation;
(4) to exercise all or any part or combination of the powers granted in this part;
(5) to do and perform any and all other acts and things necessary, convenient, desirable, or appropriate to carry out the provisions of this part.
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 › 7-14-4622. Powers of parking commission related to provision of parking services

7-14-4622. Powers of parking commission related to provision of parking services.
For the purpose of offstreet parking, each parking commission, subject to the limitations imposed by this part, may:
(1) purchase, lease, obtain option upon, or acquire by gift, grant, bequest, devise, or otherwise any real or personal property or any interest in real or personal property, together with any improvements on real property;
(2) subject to 7-14-4626, acquire by the exercise of the power of eminent domain, as provided in Title 70, chapter 30, any property upon approval of the city council;
(3) sell, lease, exchange, transfer, assign, or otherwise dispose of any real or personal property or any interest in real or personal property;
(4) lay out, open, extend, widen, straighten, establish, or change the grade, in whole or in part, of public parking facilities and public rights-of-way necessary or convenient for offstreet parking;
(5) insure or provide for the insurance of any real or personal property or operation of the parking commission against risks or hazards;
(6) acquire, construct, rent, lease, maintain, and repair real and personal property used for parking services, either on behalf of the parking commission or as an agent of the city, including the leasing of the operation of the offstreet parking;
(7) regulate onstreet parking when it remains in use, in coordination with offstreet parking, subject to traffic regulations imposed by the state.
History: En. Sec. 7, Ch. 223, L. 1951; amd. Sec. 4, Ch. 77, L. 1975; R.C.M. 1947, 11-3707(part); amd. Sec. 17, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4623. Transfer of parking commission property to municipality

7-14-4623. Transfer of parking commission property to municipality.
The legislative body of a city, at any time after the activation of a parking commission, may adopt by a two-thirds vote thereof a resolution transferring the property of the commission to the city. The city may, through such department as it may determine, exercise its powers in regard thereto by virtue of the constitution or this or other general law, but no such transfer shall be made in contravention of any covenant or agreement made with the holders of any revenue bonds of the commission theretofore issued and then outstanding.
History: En. Sec. 6, Ch. 223, L. 1951; R.C.M. 1947, 11-3706(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 46. Parking Commissions › 7-14-4624. Powers of commission related to financial management

7-14-4624. Powers of commission related to financial management.
Each parking commission, subject to the limitations imposed by this part, shall have the following powers:
(1) to receive, control, and order the expenditure of any and all money and funds pertaining to parking facilities or related properties, including, without limiting the generality of this provision:
(a) all revenues derived from operations of the commission;
(b) all money appropriated or made available by the city pursuant to this section or otherwise;
(c) the proceeds of all financial aid or assistance by the city, federal, or state governments;
(d) the proceeds of levied assessments;
(e) the proceeds of all revenue bonds issued pursuant to this part by the city for parking facilities;
(2) to invest any funds held in reserve or sinking funds or any funds not required for immediate disbursement in property or securities in which cities may legally invest funds subject to their control, but no such investment shall be made in contravention of any covenant or agreement made with the holders of any revenue bonds of the commission theretofore issued and then outstanding.
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 › 7-14-4625. Limitation on employment powers

7-14-4625. Limitation on employment powers.
The powers of the commission under 7-14-4621(3) shall be subject to all limitations and rights applicable to similar employment by the city unless the legislative body by resolution shall otherwise determine.
History: En. Sec. 7, Ch. 223, L. 1951; amd. Sec. 4, Ch. 77, L. 1975; R.C.M. 1947, 11-3707(part).