reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 6. Town Meeting Government › 7-3-603. Holding of town meeting

7-3-603. Holding of town meeting.
(1) Towns adopting this form shall convene an annual town meeting on the first Tuesday of March. Special town meetings may be called by the town presiding officer or upon petition of 10% of the qualified electors of the town, but not by less than 10 qualified electors.
(2) All qualified electors of the town may attend the town meeting, take part in the discussion, and vote on all matters coming before the town meeting. Others may attend but may not vote or take part in the discussion except by a majority vote of the town meeting.
(3) A quorum consists of at least 10% of the qualified electors of the town, but a higher quorum requirement may be established by a majority vote of the town meeting.
(4) The election of town officials must be nonpartisan and must be by a plurality of those qualified electors present and voting. All other voting in the town meeting must be by a simple majority of those qualified electors present and voting.
(5) Election of officials must be by secret ballot. Other voting must be by secret ballot upon the request of at least five members of the town meeting.
History: En. 47A-3-207 by Sec. 1, Ch. 344, L. 1975; R.C.M. 1947, 47A-3-207(3); amd. Sec. 322, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 6. Town Meeting Government › 7-3-604. Meeting agenda

7-3-604. Meeting agenda.
An agenda of the town meeting and a list of all elective and appointive offices to be filled must be prepared by the town presiding officer, who shall publish the notice as provided in 7-1-4127. Upon written petition of at least 10% of the qualified electors of the town but not less than 10 qualified electors, the town presiding officer shall insert a particular item or items in the agenda for the next annual or special town meeting. The town meeting agenda may include an item entitled "other business" under which any matter may be considered by the town meeting, except any matter dealing with finance or taxation may not be considered under "other business".
History: En. 47A-3-207 by Sec. 1, Ch. 344, L. 1975; R.C.M. 1947, 47A-3-207(4); amd. Sec. 11, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 6. Town Meeting Government › 7-3-605. Agenda and conduct of initial town meeting

7-3-605. Agenda and conduct of initial town meeting.
The first agenda of the first town meeting following the adoption of this form must be established by the local study commission. At that town meeting the presiding officer of the local study commission shall preside over the election of the presiding officer of the town, after which the presiding officer of the town shall preside.
History: En. 47A-3-207 by Sec. 1, Ch. 344, L. 1975; R.C.M. 1947, 47A-3-207(10); amd. Sec. 323, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 6. Town Meeting Government › 7-3-606. Selection, role, and duties of town presiding officer

7-3-606. Selection, role, and duties of town presiding officer.
(1) The town meeting shall elect a town presiding officer for a term of not less than 1 year or more than 2 years. An unexpired term of a town presiding officer must be filled at the next annual or special town meeting.
(2) The town presiding officer is the chief executive officer of the town and shall:
(a) enforce laws, ordinances, and resolutions;
(b) perform duties required by law, ordinance, or resolution;
(c) administer the affairs of the town;
(d) prepare and publish the town meeting agenda pursuant to 2-3-103;
(e) attend all annual and special town meetings;
(f) recommend measures to the town meeting;
(g) report to the town on the affairs and financial condition of the town;
(h) execute bonds, notes, contracts, and written obligations of the town, subject to the approval of the town;
(i) appoint, with the consent of the town meeting, members of all boards and appoint and remove all employees of the town;
(j) prepare the budget and present it to the town meeting for adoption;
(k) exercise control and supervision of the administration of all departments and boards; and
(l) carry out policies established by the town meeting.
(3) Compensation of the town presiding officer must be established by ordinance but may not be reduced during the current term of the town presiding officer.
History: En. 47A-3-207 by Sec. 1, Ch. 344, L. 1975; R.C.M. 1947, 47A-3-207(5) thru (7); amd. Sec. 324, Ch. 61, L. 2007; amd. Sec. 6, Ch. 396, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 6. Town Meeting Government › 7-3-607. Committees

7-3-607. Committees.
Permanent committees to advise the town presiding officer or the town meeting may be established and dissolved by ordinance. The town presiding officer may establish temporary committees to advise the presiding officer.
History: En. 47A-3-207 by Sec. 1, Ch. 344, L. 1975; R.C.M. 1947, 47A-3-207(8); amd. Sec. 325, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 6. Town Meeting Government › 7-3-611. Structural suboptions

7-3-611. Structural suboptions.
The plan of government submitted to the qualified electors shall further define the structural characteristics of the form by including one item from each of the choices listed in 7-3-612 and 7-3-613.
History: En. 47A-3-207 by Sec. 1, Ch. 344, L. 1975; R.C.M. 1947, 47A-3-207(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 6. Town Meeting Government › 7-3-612. Town meeting moderator

7-3-612. Town meeting moderator.
The town meeting shall:
(1) elect a town meeting moderator for a term of 1 year, who is the presiding officer of all annual and special town meetings but who does not have other governmental powers; or
(2) designate the town presiding officer as presiding officer of all annual and special town meetings.
History: En. 47A-3-207 by Sec. 1, Ch. 344, L. 1975; R.C.M. 1947, 47A-3-207(9)(a); amd. Sec. 326, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 6. Town Meeting Government › 7-3-613. Administrative assistant

7-3-613. Administrative assistant.
(1) The town presiding officer:
(a) shall appoint an administrative assistant to assist in the supervision and operation of the affairs of the town; or
(b) may appoint an administrative assistant to assist in the supervision and operation of the affairs of the town.
(2) The administrative assistant is answerable solely to the town presiding officer, and the town presiding officer may delegate powers to the administrative assistant.
History: En. 47A-3-207 by Sec. 1, Ch. 344, L. 1975; R.C.M. 1947, 47A-3-207(9)(b); amd. Sec. 327, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 7. Charter Government › 7-3-701. Charter form

7-3-701. Charter form.
(1) The purpose of this part is to comply with Article XI, section 5(1), of the Montana constitution, which provides: "The legislature shall provide procedures permitting a local government unit or combination of units to frame, adopt, amend, revise, or abandon a self-government charter with the approval of a majority of those voting on the question. The procedures shall not require approval of a charter by a legislative body."
(2) Charter provisions establishing executive, legislative, and administrative structure and organization are superior to statutory provisions.
History: En. 47A-3-208 by Sec. 1, Ch. 344, L. 1975; amd. Sec. 5, Ch. 351, L. 1977; R.C.M. 1947, 47A-3-208(1), (2).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 7. Charter Government › 7-3-702. Nature of government

7-3-702. Nature of government.
A charter form of government shall possess self-government powers.
History: En. 47A-3-208 by Sec. 1, Ch. 344, L. 1975; amd. Sec. 5, Ch. 351, L. 1977; R.C.M. 1947, 47A-3-208(3).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 7. Charter Government › 7-3-703. Charter required

7-3-703. Charter required.
(1) Charter form of government shall be established by a charter which is a written document defining the powers, structures, privileges, rights, and duties of the unit of local government and limitations thereon.
(2) The enumeration of powers in a charter shall not be construed as a limitation or prohibition on the residual or self-governing powers granted by the constitution.
History: En. 47A-3-208 by Sec. 1, Ch. 344, L. 1975; amd. Sec. 5, Ch. 351, L. 1977; R.C.M. 1947, 47A-3-208(4), (13).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 7. Charter Government › 7-3-704. Legislative body

7-3-704. Legislative body.
(1) The charter shall provide for an elected legislative body (called a commission or council) or shall provide for a legislative body comprised of all qualified electors. For elected legislative bodies, the charter shall specify the number of members thereof, their term of office, election on a partisan or nonpartisan basis, the grounds for their removal, and the method for filling vacancies.
(2) The charter shall provide for the nomination and election of commissions:
(a) at large;
(b) by districts in which candidates must reside and which are apportioned by population;
(c) by a combination of districts, in which candidates must reside and which are apportioned by population, and at large; or
(d) elected at large and nominated by a plan of nomination that may not preclude the possibility of the majority of the electors nominating candidates for the majority of the seats on the commission from persons residing in the district or districts where the majority of the electors reside.
History: En. 47A-3-208 by Sec. 1, Ch. 344, L. 1975; amd. Sec. 5, Ch. 351, L. 1977; R.C.M. 1947, 47A-3-208(5), (6).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 7. Charter Government › 7-3-705. Officials and personnel

7-3-705. Officials and personnel.
(1) The charter must specify which official of the local government will be the chief administrative and executive officer, the method of the officer's selection, the term of office (except that it may be at the pleasure of the selecting authority if the officer is not elected by popular vote), the grounds for the officer's removal, and the officer's powers and duties. However, the charter may allocate the chief executive and the chief administrative functions among two or more officials specified as provided in this section, or the charter may provide that chief executive and administrative functions of the local government will be performed by one or more members of the legislative body.
(2) A charter form of government must have the officers, departments, boards, commissions, and agencies that are established in the charter, by local ordinance, or required by state law.
History: En. 47A-3-208 by Sec. 1, Ch. 344, L. 1975; amd. Sec. 5, Ch. 351, L. 1977; R.C.M. 1947, 47A-3-208(7), (9); amd. Sec. 328, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 7. Charter Government › 7-3-706. Effective date

7-3-706. Effective date.
The charter shall specify the date on which the charter will take effect, except that provisions may be made for temporary partial effectiveness consistent with an orderly transition of government.
History: En. 47A-3-208 by Sec. 1, Ch. 344, L. 1975; amd. Sec. 5, Ch. 351, L. 1977; R.C.M. 1947, 47A-3-208(16).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 7. Charter Government › 7-3-707. Other charter provisions

7-3-707. Other charter provisions.
(1) The charter may establish other legislative, administrative, and organizational structures.
(2) The charter may contain prohibitions on the exercise of power by a unit of local government.
(3) The charter may include such provisions as may be necessary to permit an orderly transition to the new form of government.
(4) The listing of charter provisions in this part shall not be construed to prevent the inclusion of additional provisions in charters.
History: En. 47A-3-208 by Sec. 1, Ch. 344, L. 1975; amd. Sec. 5, Ch. 351, L. 1977; R.C.M. 1947, 47A-3-208(8), (14), (15), (17).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 7. Charter Government › 7-3-708. Limitations on charter provisions

7-3-708. Limitations on charter provisions.
(1) Charter provisions may not conflict with the provisions of part 1, chapter 1, which establish statutory limitations on the powers of self-government units.
(2) Charter forms are subject to state laws establishing election, initiative, and referendum procedures; and charters shall not contain provisions establishing election, initiative, and referendum procedures.
(3) The charter shall not contain provisions establishing or modifying local court systems.
History: En. 47A-3-208 by Sec. 1, Ch. 344, L. 1975; amd. Sec. 5, Ch. 351, L. 1977; R.C.M. 1947, 47A-3-208(10) thru (12).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 7. Charter Government › 7-3-709. Amendment of charter

7-3-709. Amendment of charter.
A charter may be amended only as provided by state law.
History: En. 47A-3-208 by Sec. 1, Ch. 344, L. 1975; amd. Sec. 5, Ch. 351, L. 1977; R.C.M. 1947, 47A-3-208(18).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 11. City-County Consolidation -- Option 1 › 7-3-1101. City-county consolidation authorized

7-3-1101. City-county consolidation authorized.
(1) A county and a city or town within the county may unite to form a single unit of local government under the provisions of this part.
(2) An alternative form of government, including a charter form, for a consolidated unit of government may be submitted to the voters only by those study commissions that have cooperated in the formulation of the plan. A majority vote by each of the affected study commissions is required for the submission of an alternative form of government for a consolidated unit of local government. The affected study commissions submitting a consolidated form shall issue a single joint report and proposal.
(3) An alternative form of government for a consolidated unit of local government does not need to include more than one municipality. A municipality may not be included unless the local government study commission of that municipality participates in the cooperative study and unless its study commission by a majority vote approves the proposed alternative plan for the consolidated government.
(4) This part shall not apply to excluded municipalities, school districts, conservancy districts, drainage districts, irrigation districts, soil and water conservation districts, or livestock districts.
History: En. 16-5115.3 by Sec. 6, Ch. 513, L. 1975; R.C.M. 1947, 16-5115.3(part); amd. Sec. 2, Ch. 262, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 11. City-County Consolidation -- Option 1 › 7-3-1102. Plan of consolidation

7-3-1102. Plan of consolidation.
(1) Study commissions proposing consolidation shall prepare, adopt, and submit to the voters a consolidation plan in addition to the alternative form of government. If the commission proposes a charter, the plan may be included in the charter.
(2) The consolidation plan shall:
(a) provide for adjustment of existing bonded indebtedness and other obligations in a manner which will provide for a fair and equitable burden of taxation for debt service;
(b) provide for establishment of service areas;
(c) provide for the transfer or other disposition of property and other rights, claims, assets, and franchises of local governments consolidated under the alternative form;
(d) provide the official name of the consolidated unit of local government;
(e) provide for the transfer, reorganization, abolition, absorption, adjustment of boundaries (and may provide a method for adjusting the boundaries) of all existing boards, bureaus, commissions, agencies, special districts, and political subdivisions of the consolidated governments;
(f) include other provisions which the study commission elects to include and which are consistent with state law.
(3) The plan may grant the legislative body of the consolidated government the authority to transfer, reorganize, adjust boundaries, abolish, or absorb, and provide a method for adjusting the boundaries of such entities with or without referendum requirements.
History: En. 16-5115.3 by Sec. 6, Ch. 513, L. 1975; R.C.M. 1947, 16-5115.3(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 11. City-County Consolidation -- Option 1 › 7-3-1103. Effect of consolidation

7-3-1103. Effect of consolidation.
(1) As a political subdivision of the state, such consolidated unit of local government shall have the status of a county and an incorporated municipality for all purposes and shall replace and be the successor of the county and any city or town.
(2) On its effective date, the alternative form of government and consolidation plan operate to dissolve all local governments within the area of consolidation in accordance with their provisions. On the effective date, the separate corporate existence of the county and of each participating city and/or town shall be consolidated and merged into one local government unit under the name selected, designated, and adopted as provided in this chapter. The consolidated local government shall thereupon succeed to, possess, and own all of the property and assets of every kind and description and shall, except as otherwise provided, become responsible for all of the obligations and liabilities of the county, cities, and towns so consolidated and merged.
(3) All provisions of law authorizing contributions of any kind, in money or otherwise, from the state or federal government to counties and cities shall remain in full force with respect to a consolidated local government.
History: En. 16-5115.3 by Sec. 6, Ch. 513, L. 1975; R.C.M. 1947, 16-5115.3(5), (8).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 11. City-County Consolidation -- Option 1 › 7-3-1104. General powers of consolidated local governments

7-3-1104. General powers of consolidated local governments.
A consolidated local government has and may exercise all powers that are conferred on counties, cities, or towns by the constitution and laws of the state. Subject to 15-10-420, the consolidated local government may levy all taxes that counties, cities, and towns are authorized to levy.
History: En. 16-5115.3 by Sec. 6, Ch. 513, L. 1975; R.C.M. 1947, 16-5115.3(6); amd. Sec. 8, Ch. 584, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 11. City-County Consolidation -- Option 1 › 7-3-1105. Rules, ordinances, and resolutions of consolidated unit

7-3-1105. Rules, ordinances, and resolutions of consolidated unit.
(1) Within 2 years after ratification of the consolidation, the governing body of the consolidated unit of local government shall revise, repeal, or reaffirm all rules, ordinances, and resolutions in force within the participating county, cities, and towns at the time of consolidation. Each rule, ordinance, or resolution in force at the time of consolidation must remain in force within the former geographic jurisdiction until superseded by action of the new governing body. Ordinances and resolutions relating to public improvements to be paid for in whole or in part by special assessments may not be repealed.
(2) (a) A consolidated government may adopt, for the portion of the consolidated government that was formerly a city or town, a plan to control, remove, and restrict game animals, as defined in 87-2-101, within the defined boundaries of the city or town limits for public health and safety purposes. Upon adoption of a plan, the consolidated government shall notify the department of fish, wildlife, and parks of the plan. If the department of fish, wildlife, and parks approves the plan or approves the plan with conditions, the consolidated government may implement the plan as approved or as approved with conditions.
(b) The plan may allow the hunting of game animals and provide restrictions on the feeding of game animals.
History: En. 16-5115.3 by Sec. 6, Ch. 513, L. 1975; R.C.M. 1947, 16-5115.3(7); amd. Sec. 3, Ch. 466, L. 2003; amd. Sec. 1, Ch. 261, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1201. Authorization for consolidated city-county government

7-3-1201. Authorization for consolidated city-county government.
The separate corporate existence and government of any county and of each and every city and town therein may be abandoned and terminated and such county and each and all of the cities and towns therein may be consolidated and merged into one municipal corporation and government under this part and part 13 by proceeding as hereinafter provided.
History: En. Sec. 1, Ch. 121, L. 1923; re-en. Sec. 5520.1, R.C.M. 1935; R.C.M. 1947, 11-3401.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1202. Nature of consolidated government

7-3-1202. Nature of consolidated government.
As a political subdivision of the state, such consolidated municipality shall have the status of a county, and for the purpose of representation in the legislature, as provided by the constitution and laws of this state, and for all other purposes, it shall replace and be the successor of the county and shall be attached to the same judicial district.
History: En. Sec. 118, Ch. 121, L. 1923; re-en. Sec. 5520.119, R.C.M. 1935; R.C.M. 1947, 11-3559(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1203. General powers of consolidated government

7-3-1203. General powers of consolidated government.
(1) The inhabitants of every consolidated municipality organized under the provisions of this part and part 13, as its limits are at the time of such organization or as they may be thereafter established as provided by law, shall be a body politic and corporate under the designation and name as adopted at the election providing for such consolidation and merging and as such shall have perpetual succession; may use a corporate seal; may sue and be sued; may contract and be contracted with; may acquire property within or without the boundaries of the municipality for any municipal purpose, in fee simple or lesser interest or estate, by purchase, gift, devise, appropriation, lease, or lease with privilege of purchase and may sell, lease, hold, manage, and control such property as the interest of the municipality may require; may levy and collect such taxes as are authorized by this part or part 13 or by the general laws of the state; and except as otherwise provided in this part and part 13, such municipality shall have and may exercise all other powers that are now or hereafter may be conferred on counties, cities, and towns by the laws of this state.
(2) All powers of the municipality, whether expressed or implied, shall be exercised and enforced in the manner prescribed in this part and part 13 or in the general laws of the state or, when not so prescribed, then as may be prescribed by ordinance or resolution of the commission.
History: En. Sec. 6, Ch. 121, L. 1923; re-en. Sec. 5520.6, R.C.M. 1935; R.C.M. 1947, 11-3406.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1204. Petition for city-county consolidated government -- election required

7-3-1204. Petition for city-county consolidated government -- election required.
(1) The question of the abandonment and termination of the separate corporate existence and government of a county and of each city and town therein and the consolidation and merging of the existence and government of the county and each of the cities and towns therein into one municipal corporation and government under the provisions of this part and part 13 shall be submitted to the registered electors of the county if a petition is filed in the office of the election administrator of the county, signed by at least 20% of the electors of the county whose names appear on the official register of voters of the county on the date of the filing of the petition, requesting that such question be submitted to the registered electors of the county.
(2) The petition shall be substantially in the form and shall be signed, verified, and filed in the manner prescribed in 7-5-132 through 7-5-135 and 7-5-137 for initiative and referendum petitions and shall designate therein the name by which the consolidated government is to be known, which must be either that of the county or of some one of the cities or towns therein.
History: (1)En. Sec. 2, Ch. 121, L. 1923; re-en. Sec. 5520.2, R.C.M. 1935; Sec. 11-3402, R.C.M. 1947; (2)En. Sec. 3, Ch. 121, L. 1923; re-en. Sec. 5520.3, R.C.M. 1935; Sec. 11-3403, R.C.M. 1947; R.C.M. 1947, 11-3402, 11-3403(part); amd. Sec. 3, Ch. 262, L. 1979; amd. Sec. 381, Ch. 571, L. 1979; amd. Sec. 49, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1205. Certification of petition -- board action -- election

7-3-1205. Certification of petition -- board action -- election.
(1) If the county election administrator finds that the petition or amended petition is signed by the required number of registered electors, the election administrator shall certify the finding to the board of county commissioners at their next regular meeting.
(2) The board shall, within 10 days after receiving the election administrator's certificate, order an election to be held on the question. The election must be conducted in accordance with Title 13, chapter 1, part 4.
History: En. Sec. 3, Ch. 121, L. 1923; re-en. Sec. 5520.3, R.C.M. 1935; R.C.M. 1947, 11-3403(part); amd. Sec. 382, Ch. 571, L. 1979; amd. Sec. 13, Ch. 387, L. 1995; amd. Sec. 50, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1206. Form of ballot

7-3-1206. Form of ballot.
The ballot for an election pursuant to 7-3-1205 shall present the following question:
Shall the corporate existence and government of the county of .... and of each and every city and town therein be consolidated and merged into one municipal corporation and government under the provisions of chapter 121, acts of the eighteenth legislative assembly of the state of Montana, to be known and designated as "city and county of ...."?
☐ YES.
☐ NO.
History: En. Sec. 4, Ch. 121, L. 1923; re-en. Sec. 5520.4, R.C.M. 1935; R.C.M. 1947, 11-3404(part); amd. Sec. 51, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1207. Conduct of election

7-3-1207. Conduct of election.
Such election shall be conducted, vote returned and canvassed, and result declared in the same manner as provided by law in respect to general elections.
History: En. Sec. 4, Ch. 121, L. 1923; re-en. Sec. 5520.4, R.C.M. 1935; R.C.M. 1947, 11-3404(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1208. Election of commission upon favorable vote

7-3-1208. Election of commission upon favorable vote.
(1) If the majority of the votes cast at the election are in favor of the consolidation and merging, the board of county commissioners of the county shall, within 2 weeks after the election returns have been canvassed, order an election to be held in accordance with Title 13, chapter 1, part 4, for the purpose of electing the number of members of the commission to which the consolidated municipality is entitled. This order must specify the date when the election will be held.
(2) A primary election may not be held for the purpose of nominating candidates. A candidate for commissioner shall file a declaration of candidacy with the election administrator within the timeframe specified in 13-1-403.
History: En. Sec. 5, Ch. 121, L. 1923; re-en. Sec. 5520.5, R.C.M. 1935; R.C.M. 1947, 11-3405; amd. Sec. 383, Ch. 571, L. 1979; amd. Sec. 14, Ch. 387, L. 1995; amd. Sec. 52, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1209. Resolution declaring creation of consolidated government

7-3-1209. Resolution declaring creation of consolidated government.
(1) At the first meeting of the commission whose members are first elected under the provisions of this part, the commission shall adopt a resolution reciting the filing of the petition provided for in 7-3-1204, the ordering and holding of an election as requested in the petition, the result of the election and the holding of an election for and the election of the members of the first commission, and the name and designation of the consolidated municipality. This resolution must be in duplicate and signed by all of the members of the commission and also entered at length on the journal of the commission. One copy of the resolution must be filed in the office of the clerk of the commission, and the other copy must be transmitted to and filed in the office of the secretary of state.
(2) Immediately upon the adoption of the resolution by the commission, the separate corporate existence of the county and of each city and town therein is considered to be consolidated and merged into one municipal corporation under the name selected, designated, and adopted as provided in this part, and the consolidated municipality is considered to have succeeded to and to possess and own all of the property and assets of every kind and description and shall, except as otherwise provided, become responsible for all of the obligations and liabilities of the county, cities, and towns consolidated and merged.
History: En. Sec. 118, Ch. 121, L. 1923; re-en. Sec. 5520.119, R.C.M. 1935; R.C.M. 1947, 11-3559(part); amd. Sec. 4, Ch. 262, L. 1979; amd. Sec. 53, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1210. Existing contracts continued

7-3-1210. Existing contracts continued.
All contracts entered into by the county or by any city or town therein or on behalf of any improvement district by such county or by any such city or town prior to the election and qualification of a commission under this part and part 13 shall continue in full force and effect subsequent thereto. Public improvements for which initial steps may have been taken under laws effective in the county prior to the election and qualification of a commission under this part and part 13 may thereafter be carried to completion in accordance with the provisions of such laws.
History: En. Sec. 115, Ch. 121, L. 1923; re-en. Sec. 5520.116, R.C.M. 1935; R.C.M. 1947, 11-3556.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1211. Treatment of existing ordinances

7-3-1211. Treatment of existing ordinances.
The commission first elected may, at its first meeting, make an order that all existing ordinances and resolutions of some one city or town within the consolidated municipality which are of general application in such city or town shall be continued in force and be extended throughout the consolidated municipality, and a copy of such order must be published at least once in each newspaper printed and published within the consolidated municipality within 10 days after the making of such order. All other ordinances and resolutions of such city or town and all ordinances of all other cities and towns within the consolidated municipality, save and except ordinances and resolutions relating to public improvements to be paid for in whole or in part by special assessments, shall, upon the making of such order, be deemed repealed.
History: En. Sec. 116, Ch. 121, L. 1923; re-en. Sec. 5520.117, R.C.M. 1935; R.C.M. 1947, 11-3557.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1212. Treatment of existing officers

7-3-1212. Treatment of existing officers.
The members of the board of county commissioners of the county and members of the council of every city and town therein holding office on the date when any election is held at which the question of the consolidation and merging of the county and city and town governments is approved and adopted by the qualified electors of the county shall continue in office and in the performance of their duties until the first commission shall have been elected and have qualified, whereupon such board of county commissioners and city and town councils shall be deemed abolished. All other persons holding offices or positions, whether elective or appointive, under the government of such county or under the government of any city or town therein at the date of such election shall continue in the performance of the duties of their respective offices and positions until provision shall be made by the commission for the performance or discontinuance of such duties or the discontinuance of such offices or positions.
History: En. Sec. 117, Ch. 121, L. 1923; re-en. Sec. 5520.118, R.C.M. 1935; R.C.M. 1947, 11-3558.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1213. Power to effectuate transition

7-3-1213. Power to effectuate transition.
The commission shall have power to make all necessary regulations not inconsistent with this part or part 13 for the transition from the several governments of and within the county to the government provided by this part and part 13, including the transfer to the treasury of the consolidated city and county of all funds and money of such several governments.
History: En. Sec. 119, Ch. 121, L. 1923; re-en. Sec. 5520.120, R.C.M. 1935; R.C.M. 1947, 11-3560.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1214. Consolidated municipality commission

7-3-1214. Consolidated municipality commission.
(1) Except as otherwise provided in this part or part 13, all powers of the consolidated municipality are vested in a commission.
(2) (a) In consolidated municipalities having a taxable valuation of $50 million or more, the commission must consist of seven members.
(b) In consolidated municipalities having a taxable valuation of $12.5 million or more and less than $50 million, the commission must consist of five members.
(c) In consolidated municipalities having a taxable valuation of less than $12.5 million, the commission must consist of three members.
History: En. Sec. 7, Ch. 121, L. 1923; re-en. Sec. 5520.7, R.C.M. 1935; R.C.M. 1947, 11-3407(part); amd. Sec. 5, Ch. 262, L. 1979; amd. Sec. 7, Ch. 128, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1215. Qualifications for commission

7-3-1215. Qualifications for commission.
(1) Members of the commission must be qualified electors of the consolidated municipality and may not hold any other public office except that of notary public or member of the state militia.
(2) A member of the commission ceasing to possess any of the qualifications specified in this section shall immediately forfeit the member's office.
History: En. Sec. 7, Ch. 121, L. 1923; re-en. Sec. 5520.7, R.C.M. 1935; R.C.M. 1947, 11-3407(part); amd. Sec. 6, Ch. 262, L. 1979; amd. Sec. 329, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1216. Term of office of commission members

7-3-1216. Term of office of commission members.
(1) Except as provided in subsection (2), the term of office of members of the commission must be 4 years and must commence on the first Monday in January following their election.
(2) The terms of office of the members first elected must commence on the first day of the third month following their election, and the terms of office of a majority of the members first elected, to be determined by lot, expire when their successors are elected and qualified in the first year following their election, and the terms of the remaining members first elected expire when their successors are elected and qualified in the third year following their election.
History: En. Sec. 7, Ch. 121, L. 1923; re-en. Sec. 5520.7, R.C.M. 1935; R.C.M. 1947, 11-3407(part); amd. Sec. 2, Ch. 220, L. 1985; amd. Sec. 54, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1217. Vacancies

7-3-1217. Vacancies.
(1) If a vacancy occurs in the commission, except as the result of a recall election, some eligible person shall be chosen by a majority vote of the remaining members to fill the place for the unexpired term.
(2) Absence from all regular meetings for a period of 90 days shall operate to vacate the seat of a member unless such absence be authorized by the commission.
History: (1)En. Sec. 7, Ch. 121, L. 1923; re-en. Sec. 5520.7, R.C.M. 1935; Sec. 11-3407, R.C.M. 1947; (2)En. Sec. 13, Ch. 121, L. 1923; re-en. Sec. 5520.13, R.C.M. 1935; amd. Sec. 1, Ch. 79, L. 1967; Sec. 11-3413, R.C.M. 1947; R.C.M. 1947, 11-3407(part), 11-3413(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1218. Meetings of commission

7-3-1218. Meetings of commission.
(1) (a) Except as provided in subsection (1)(b), at 2 p.m. on the first Monday in January following a general municipal election, the commission shall meet at the courthouse in the consolidated municipality and the newly elected members shall assume the duties of office.
(b) The first meeting of the commission after the election at which the first members of the commission are elected must be held at 2 p.m. on the first day of the third month following the special election, and at this meeting the members of the commission shall determine by lot the members whose terms will expire on the first Monday in January in the first year following their election and the members whose terms will expire on the first Monday in January in the third year following their election.
(2) Thereafter the commission shall meet as prescribed by ordinance or resolution, but not less frequently than once in each month. Special meetings must be called by the clerk of the commission on written request of the president, the manager, or a majority of the members of the commission. A notice of a special meeting must state the subject to be considered at the meeting, and no other subject may be considered at the special meeting.
(3) All meetings of the commission and of committees of the commission must be open to the public, and the rules of the commission must provide that citizens of the municipality must have a reasonable opportunity to be heard at any meeting in regard to any matter considered at the meeting.
History: En. Sec. 8, Ch. 121, L. 1923; re-en. Sec. 5520.8, R.C.M. 1935; R.C.M. 1947, 11-3408; amd. Sec. 7, Ch. 262, L. 1979; amd. Sec. 384, Ch. 571, L. 1979; amd. Sec. 55, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1219. Organization and officers of commission

7-3-1219. Organization and officers of commission.
(1) At the first meeting of the commission following the election at which the members of the commission are first elected and after that time at the commission's meeting on the first Monday in January following each general election at which members of the commission are elected, the commission shall choose one of its members as president and another as vice president.
(2) The president shall preside at meetings of the commission and shall exercise the powers and perform the duties conferred and imposed by part 13 or this part and the ordinances of the municipality. The president is the official head of the municipality for all ceremonial purposes, by the courts for serving civil processes, and by the governor for purposes of military law. In time of public danger or emergency, the president shall, if authorized by a vote of the commission, take command of the police, maintain order, and enforce the law. If a vacancy occurs in the office of president or in case of the president's absence or disability, the vice president shall act as president for the unexpired term or during the continuance of the absence or disability.
(3) The director of finance is ex officio clerk of the commission and shall, either in person or by deputy, keep the records of the commission and perform other duties that may be required by part 13 or this part or by the commission.
History: (1), (2)En. Sec. 10, Ch. 121, L. 1923; re-en. Sec. 5520.10, R.C.M. 1935; Sec. 11-3410, R.C.M. 1947; (3)En. Sec. 11, Ch. 121, L. 1923; re-en. Sec. 5520.11, R.C.M. 1935; Sec. 11-3411, R.C.M. 1947; R.C.M. 1947, 11-3410, 11-3411; amd. Sec. 3, Ch. 220, L. 1985; amd. Sec. 330, Ch. 61, L. 2007; amd. Sec. 56, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1220. Conduct of commission business

7-3-1220. Conduct of commission business.
(1) The commission shall determine its own rules and order of business and shall keep a journal of its proceedings. It may compel the attendance of absent members, may punish its members for disorderly behavior, and, by a vote of not less than two-thirds of its members, may expel a member for disorderly conduct or the repeated violation of its rules. However, a member may not be expelled unless notified of the charge against the member and given an opportunity to be heard.
(2) A majority of the members elected to the commission constitute a quorum to do business, but a less number may adjourn from time to time and compel the attendance of absent members in the manner and under the penalties prescribed by ordinance. The affirmative vote of a majority of the members elected to the commission is necessary to adopt any ordinance, resolution, order, or vote. However, a vote to adjourn or regarding the attendance of absent members may be adopted by a majority of the members present.
History: (1)En. Sec. 9, Ch. 121, L. 1923; re-en. Sec. 5520.9, R.C.M. 1935; Sec. 11-3409, R.C.M. 1947; (2)En. Sec. 12, Ch. 121, L. 1923; re-en. Sec. 5520.12, R.C.M. 1935; Sec. 11-3412, R.C.M. 1947; R.C.M. 1947, 11-3409, 11-3412; amd. Sec. 331, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1221. Compensation of commission members

7-3-1221. Compensation of commission members.
(1) The commission may by ordinance provide compensation for its members, but the total amount and manner of compensation may not exceed the maximum sum prescribed by law for city council members of cities of the first class.
(2) In addition to any compensation authorized by this section, each member of the commission must receive the same sum prescribed by law for county commissioners per mile for any distance in excess of 10 miles necessarily traveled in going from and returning to the member's residence because of attendance at a regular or regularly called meeting of the commission or in travel in the county undertaken in performance of official duties.
History: En. Sec. 13, Ch. 121, L. 1923; re-en. Sec. 5520.13, R.C.M. 1935; amd. Sec. 1, Ch. 79, L. 1967; R.C.M. 1947, 11-3413(part); amd. Sec. 332, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1223. Effective date of ordinances

7-3-1223. Effective date of ordinances.
(1) Ordinances making the annual tax levy, ordinances and resolutions providing for local improvements and assessments, and emergency measures shall take effect at the time indicated therein. All other ordinances and resolutions enacted by the commission shall be in effect from and after 30 days from the date of their passage.
(2) When an ordinance proposed by initiative petition is passed by the commission in a changed or amended form and the committee of the petitioners requires that such proposed ordinance be submitted to a vote of the electors, as provided in 7-3-1229, the ordinance as passed by the commission shall not take effect until after such vote, and if the proposed ordinance so submitted be approved by a majority of the electors voting thereon, the ordinance as passed by the commission shall be deemed repealed.
(3) Ordinances adopted by the electors shall take effect at the time fixed therein or, if no time is specified, 30 days after the adoption thereof.
History: (1), (3)En. Sec. 17, Ch. 121, L. 1923; re-en. Sec. 5520.17, R.C.M. 1935; Sec. 11-3417, R.C.M. 1947; (2)En. Sec. 23, Ch. 121, L. 1923; re-en. Sec. 5520.23, R.C.M. 1935; Sec. 11-3423, R.C.M. 1947; R.C.M. 1947, 11-3417(part), 11-3423.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1224. Emergency measures

7-3-1224. Emergency measures.
An emergency measure is an ordinance or resolution to provide for the immediate preservation of the public peace, health, or safety, in which the emergency claimed is set forth and defined in a preamble thereto. The affirmative vote of at least two-thirds of the members of the commission shall be required to pass an emergency ordinance or resolution.
History: En. Sec. 17, Ch. 121, L. 1923; re-en. Sec. 5520.17, R.C.M. 1935; R.C.M. 1947, 11-3417(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 12. City-County Consolidation -- Option 2 › 7-3-1225. Vote required on certain measures

7-3-1225. Vote required on certain measures.
No measure making or amending a grant, renewal, or extension of a franchise or other special privilege may be passed without first submitting the application therefor to the qualified electors in the manner provided by 7-5-4321 and 7-5-4322.
History: En. Sec. 17, Ch. 121, L. 1923; re-en. Sec. 5520.17, R.C.M. 1935; R.C.M. 1947, 11-3417(part); amd. Sec. 8, Ch. 262, L. 1979.