reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3020. Resolution to assess and levy tax for making improvements

7-13-3020. Resolution to assess and levy tax for making improvements.
(1) To defray the cost of making improvements in the district, the governing body shall by resolution levy and assess a tax upon all property in the district created for the purpose of the system by using as a basis for the assessment the method provided for by this part.
(2) The resolution must contain a description of each lot or parcel of land, with the name of the owner, if known, and the amount of each partial payment when made and the day when the payment becomes delinquent.
(3) The resolution, signed by the governing body, must be kept on file in the office of the local government clerk.
History: En. Sec. 17, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3021. Notice of resolution to assess and levy tax for making improvements -- protest

7-13-3021. Notice of resolution to assess and levy tax for making improvements -- protest.
(1) A notice, signed by the local government clerk and stating that the resolution levying a special assessment to defray the cost of making the improvements is on file in the office of the clerk and is subject to inspection, must be published as provided in 7-1-2121.
(2) The notice must state the time and place in which objections to the final adoption of the resolution will be heard by the governing body.
History: En. Sec. 19, Ch. 282, L. 1991; amd. Sec. 39, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3022. Term of assessment for costs of construction

7-13-3022. Term of assessment for costs of construction.
The payment of the assessment to defray the cost of constructing any improvements in the district may be spread over a term of not more than 20 years, with payment to be made in equal installments.
History: En. Sec. 18, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3023. Hearing on protest

7-13-3023. Hearing on protest.
(1) The time for the hearing on protest must be not less than 5 days after the final publication of the notice required by 7-13-126.
(2) At the time fixed for the hearing, the governing body shall meet and hear all objections and for that purpose may adjourn from day to day. The governing body may by resolution modify the assessment in whole or in part. A copy of the resolution, certified by the clerk of the local government, must be delivered to the local government treasurer within 2 days after its passage.
History: En. Sec. 20, Ch. 282, L. 1991; amd. Sec. 40, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3024. Assessments and other charges as lien

7-13-3024. Assessments and other charges as lien.
A special assessment made and levied to defray the cost and expenses of the work for the system, together with any percentages imposed for delinquency and for cost of collection, is a lien upon the property upon which the assessment is made and levied, from and after the date of the passage of the resolution levying the assessment. The lien may only be extinguished by payment of the assessment, with all penalties, costs, and interest.
History: En. Sec. 21, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3026. Charges for services

7-13-3026. Charges for services.
(1) The governing body may by ordinance or resolution establish just and equitable rates, charges, and rentals for the services and benefits directly or indirectly afforded by a system operated by, controlled by, and under the jurisdiction of a district formed under this part.
(2) The rates, charges, and rentals must be as nearly as possible equitable in proportion to the services and benefits rendered and may take into consideration the quantity of water supplied, the amount of sewage produced and its concentration, water pollution qualities in general, and the cost of disposal of sewage and storm waters.
History: En. Sec. 22, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3027. Resolution to establish service charges -- hearing -- limitations and tax levy

7-13-3027. Resolution to establish service charges -- hearing -- limitations and tax levy.
The governing body may, subject to the provisions of Title 69, chapter 7, by resolution and after public hearing:
(1) establish the rates, charges, and rentals in amounts sufficient in each year to provide income and revenue adequate for the payment of the reasonable expense of operation and maintenance of the system;
(2) establish an additional charge for the operation and maintenance of a system and a plant; and
(3) subject to 15-10-420, levy and assess a tax upon the taxable valuation of each and every lot or parcel of land and improvements in the district to provide sufficient revenue for the reserve fund in an amount necessary to meet the financial requirements of the fund as described in 7-13-3034 through 7-13-3039.
History: En. Sec. 25, Ch. 282, L. 1991; amd. Sec. 12, Ch. 453, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3028. Hearing and notice on tax levy for operation and maintenance

7-13-3028. Hearing and notice on tax levy for operation and maintenance.
(1) Not less than 30 days prior to the date of making the levy for operation and maintenance of the system, the governing body shall hold a public hearing on the resolution.
(2) Notice clearly setting forth the subject matter of the hearing must be given by the governing body by publication as provided in 7-1-2121.
History: En. Sec. 26, Ch. 282, L. 1991; amd. Sec. 41, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3029. Preparation and filing of district budget

7-13-3029. Preparation and filing of district budget.
(1) Not less than 30 days prior to the date of the public hearing on the resolution, the governing body shall prepare and file in the office of the clerk of the local government in which the district is located and in the office of the governing body a complete, detailed budget for operation and maintenance of the system, showing all income and expenditures for the year prior to the hearing and all estimated income and expenditures for the next ensuing year in which the levy is assessed.
(2) The provisions of law relating to local government budgets and expenditures must be complied with by the district.
History: En. Sec. 27, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3031. Authorization to use federal funds

7-13-3031. Authorization to use federal funds.
The governing body may apply for and receive from the federal government, on behalf of the district, any money that may be appropriated by congress for aiding in local public works projects. The governing body may borrow from the federal government any funds available for assisting in the planning or financing of local public works projects and repay the loan out of the money received from the tax levy provided for in this part.
History: En. Sec. 23, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3032. Charges for costs when federal funding is sought

7-13-3032. Charges for costs when federal funding is sought.
Notwithstanding any other section of this part or a limitation imposed in this part, when the governing body has applied for funds pursuant to 7-13-3031, the governing body may adopt a system of charges and rates to require that each recipient of services pays its proportionate share of the costs of operation, maintenance, and replacement and to require industrial users of services to pay that portion of the cost of construction of the system that is allocable to the industrial user.
History: En. Sec. 24, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3034. Authorization for reserve fund

7-13-3034. Authorization for reserve fund.
The governing body may, in order to secure prompt payment of any district bonds issued in payment of the cost of improvements for the district and the interest on the bonds as it becomes due, create, establish, and maintain by resolution a fund, to be designated as the "reserve fund", for each issue of bonds.
History: En. Sec. 28, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3035. Sources of money for reserve fund

7-13-3035. Sources of money for reserve fund.
(1) For the purpose of providing money for the reserve fund, the governing body may in its discretion, from time to time, transfer to the reserve fund from the operation and maintenance fund of the district an amount as may be considered necessary or as may be agreed upon with the holders of the bonds.
(2) Whenever there is money in the bond fund that is not required for payment of a bond of the district or interest on the bond, as much as is necessary to pay the loan referred to in 7-13-3037 must, by order of the governing body, be transferred to the reserve fund.
History: En. Sec. 29, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3036. Transfers to reserve fund considered as loans

7-13-3036. Transfers to reserve fund considered as loans.
The amount or amounts transferred under 7-13-3035 must be considered as loans from the operation and maintenance fund to the reserve fund.
History: En. Sec. 30, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3037. Loans from reserve fund to bond fund as lien

7-13-3037. Loans from reserve fund to bond fund as lien.
(1) Whenever a loan is made to the bond fund from the reserve fund, the reserve fund has a lien for the amount of the loan on:
(a) the land within the district that is delinquent in the payment of its assessments;
(b) unpaid assessments and installments of assessments on the district, whether delinquent or not; and
(c) money coming into the bond fund to the amount of the loan, together with interest on the loan from the time it was made at the rate or percentage payable by the bond or of interest on the bond for which the loan was made.
(2) If after all the bonds of the district have been fully paid and all money remaining in the bond fund has been transferred to the reserve fund, there still remains a debt from the district to the reserve fund, the governing body may foreclose the lien upon property within the district owing unpaid assessments to the district for the purpose of paying off the loan to the reserve fund.
History: En. Sec. 31, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3038. Limitation on repayment of loan to reserve fund

7-13-3038. Limitation on repayment of loan to reserve fund.
Nothing in 7-13-3034 through 7-13-3039 permits the repayment of a loan to the reserve fund at any time unless all interest accrued on the bonds has been fully paid and all principal agreed to be paid in accordance with the redemption schedule as may be provided in the resolution or resolutions authorizing the bonds has been paid.
History: En. Sec. 32, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3039. Covenants to use and maintain reserve fund

7-13-3039. Covenants to use and maintain reserve fund.
(1) In connection with the issuance of district bonds, the governing body may undertake and agree:
(a) to issue orders annually authorizing loans or advances from the reserve fund to the fund maintained for the payment of the bonds in amounts sufficient to make good any deficiency in the bond and interest accounts to the extent that money is available; and
(b) to provide money for the reserve fund pursuant to the provisions of 7-13-3026 and 7-13-3027 by establishing and collecting rates, charges, and rentals for services and benefits in amounts sufficient to provide net revenues in excess of the current costs of operation and maintenance of the system and sufficient to maintain a balance in the reserve fund as the governing body may agree to and undertake.
(2) The undertakings and agreements authorized by subsection (1) are binding upon the local government as long as any bonds or any interest on the bonds remains unpaid.
History: En. Sec. 33, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3041. Acquisition of private water supply system

7-13-3041. Acquisition of private water supply system.
(1) If a franchise has been granted to or a contract made with any person or corporation and the person or corporation has established or maintained a system of water supply or has valuable water rights or a supply of water desired by the district for supplying the district with water, the governing body granting the franchise, entering the contract, or desiring the water supply shall, by the passage of a resolution, give notice to the person or corporation that it desires to purchase the plant, franchise, or water supply of the person or corporation.
(2) The governing body passing a resolution as provided in subsection (1) may purchase the plant, franchise, or water supply upon terms agreed to by the parties.
(3) In case agreement is not reached in accordance with subsection (2), the governing body may take the plant, franchise, or water supply by eminent domain in accordance with Title 70, chapters 30 and 31.
History: En. Sec. 34, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3043. Applicable provisions of laws relating to rural improvement districts

7-13-3043. Applicable provisions of laws relating to rural improvement districts.
The provisions of 7-12-2101, 7-12-2107, 7-12-2115 through 7-12-2120, 7-12-2131 through 7-12-2140, 7-12-2153, 7-12-2154, 7-12-2161 through 7-12-2165, 7-12-2166(2), 7-12-2168(2), 7-12-2169, and 7-12-2171 through 7-12-2174 pertaining to rural improvement districts apply to this part unless in conflict with the provisions of this part.
History: En. Sec. 12, Ch. 282, L. 1991; amd. Sec. 42, Ch. 354, L. 2001; amd. Sec. 17, Ch. 277, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 41. General Provisions Related to Municipal Utility Services › 7-13-4101. Authority to permit laying of utility mains

7-13-4101. Authority to permit laying of utility mains.
(1) The city or town council has power to permit the use of the streets and alleys, other property, rights-of-way, utility corridors, or easements of the city or town for the purpose of laying down gas, water, and other mains and broadband infrastructure, but excavations may not be made for this purpose without the permission of the council or its authorized officer.
(2) The streets and alleys must be placed in as good condition by the person or corporation making the excavation as they were before the excavation was made and the mains laid down. In default of this, the council may order the same to be done at the expense of the person or corporation.
History: En. Subd. 73, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.72, R.C.M. 1935; R.C.M. 1947, 11-975; amd. Sec. 3, Ch. 153, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 41. General Provisions Related to Municipal Utility Services › 7-13-4102. Authority to acquire natural gas system -- indebtedness permitted

7-13-4102. Authority to acquire natural gas system -- indebtedness permitted.
(1) The city or town council has power to contract an indebtedness of a city or town upon the credit thereof by borrowing money or issuing bonds for the construction, purchase, or development of an adequate supply of natural gas and to construct or purchase a system of gaslines for the distribution thereof to the inhabitants of the city or town or vicinity.
(2) No money may be borrowed or bonds issued for the purposes specified in this section until the proposition has been submitted to the vote of the taxpayers of the city or town affected thereby and the majority vote cast in its favor.
History: En. Sec. 1, Ch. 128, l. 1927; re-en. Sec. 5039.85, R.C.M. 1935; amd. Sec. 22, Ch. 566, L. 1977; R.C.M. 1947, 11-988(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 41. General Provisions Related to Municipal Utility Services › 7-13-4103. Limitation on indebtedness for acquisition of natural gas system

7-13-4103. Limitation on indebtedness for acquisition of natural gas system.
The total amount of indebtedness authorized to be contracted in any form, including the then-existing indebtedness, may not at any time exceed 0.92% of the total assessed value of taxable property, determined as provided in 15-8-111, within the city or town, as ascertained by the last assessment for state and county taxes.
History: En. Sec. 1, Ch. 128, l. 1927; re-en. Sec. 5039.85, R.C.M. 1935; amd. Sec. 22, Ch. 566, L. 1977; R.C.M. 1947, 11-988(part); amd. Sec. 49, Ch. 614, L. 1981; amd. Sec. 14, Ch. 29, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 41. General Provisions Related to Municipal Utility Services › 7-13-4104. Inspection and measurement of gas, light, and electric or other power systems

7-13-4104. Inspection and measurement of gas, light, and electric or other power systems.
The council of any incorporated city or town shall have power by ordinance to provide for and regulate the inspection and the measurement of gas, light, and electric or other power sold within its limits or brought into or carried through any such city or town.
History: En. Sec. 1, Ch. 57, L. 1907; Sec. 3260, Rev. C. 1907; re-en. Sec. 5040, R.C.M. 1921; re-en. Sec. 5040, R.C.M. 1935; R.C.M. 1947, 11-989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 41. General Provisions Related to Municipal Utility Services › 7-13-4105. Regulation of vaults, cisterns, hydrants, pumps, sewers, and gutters

7-13-4105. Regulation of vaults, cisterns, hydrants, pumps, sewers, and gutters.
The city or town council has power to regulate the construction, use, and repair of vaults, cisterns, hydrants, pumps, sewers, and gutters.
History: En. Subd. 24, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.23, R.C.M. 1935; R.C.M. 1947, 11-926.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 41. General Provisions Related to Municipal Utility Services › 7-13-4106. Erection of poles, wires, rods, and cables

7-13-4106. Erection of poles, wires, rods, and cables.
The city or town council has power to regulate or suppress the erection of poles and the stringing of wires, rods, or cables in the streets or alleys or within the limits of any city or town.
History: En. Subd. 43, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.42, R.C.M. 1935; R.C.M. 1947, 11-945.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 41. General Provisions Related to Municipal Utility Services › 7-13-4107. Protection of private waste disposal service in municipality

7-13-4107. Protection of private waste disposal service in municipality.
A municipality, as of January 1, 1979, that receives garbage and solid waste disposal services from a private motor carrier authorized by the public service commission to provide that service may not, by ordinance or otherwise, elect to provide exclusive garbage and solid waste service until the municipality first fully compensates the private motor carrier for the resulting damage to its business.
History: En. Sec. 1, Ch. 448, L. 1979; amd. Sec. 572, Ch. 61, L. 2007; amd. Sec. 2, Ch. 301, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 42. Public Sewer Systems › 7-13-4201. Establishment of sewer systems

7-13-4201. Establishment of sewer systems.
A sewer system may be established in a city or town, which system may be divided into public, district, and private sewers.
History: En. Sec. 15, Ch. 89, L. 1913; re-en. Sec. 5239, R.C.M. 1921; amd. Sec. 1, Ch. 149, L. 1933; re-en. Sec. 5239, R.C.M. 1935; amd. Sec. 3, Ch. 100, L. 1973; R.C.M. 1947, 11-2216(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 42. Public Sewer Systems › 7-13-4202. Construction of public sewers

7-13-4202. Construction of public sewers.
Public sewers may be established and constructed along the principal course of drainage at such times, to such an extent, of such dimensions and materials, and under such regulations as may be prescribed by the council. There may be constructed such branches and extensions of sewers already constructed or to be constructed as may be considered expedient.
History: En. Sec. 15, Ch. 89, L. 1913; re-en. Sec. 5239, R.C.M. 1921; amd. Sec. 1, Ch. 149, L. 1933; re-en. Sec. 5239, R.C.M. 1935; amd. Sec. 3, Ch. 100, L. 1973; R.C.M. 1947, 11-2216(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 42. Public Sewer Systems › 7-13-4203. Financing of public sewers

7-13-4203. Financing of public sewers.
(1) To defray the cost of such public sewers, the city or town council may appropriate moneys therefor from the general or sewer fund or by availing itself of money derived from a bond issue authorized by the constitution and laws of the state.
(2) It is further provided that when a public or main sewer also serves as a district sewer, the city council may assess the property bordering or abutting upon such public sewer, either at the time of its construction or at any future time, for an amount equal to the estimated cost of such district sewer capable of accommodating such property.
History: En. Sec. 15, Ch. 89, L. 1913; re-en. Sec. 5239, R.C.M. 1921; amd. Sec. 1, Ch. 149, L. 1933; re-en. Sec. 5239, R.C.M. 1935; amd. Sec. 3, Ch. 100, L. 1973; R.C.M. 1947, 11-2216(2).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 42. Public Sewer Systems › 7-13-4204. Rental charges for use of sewer system -- election required

7-13-4204. Rental charges for use of sewer system -- election required.
(1) Upon being petitioned by 5% of the registered electors who are residents of the city or town, the city or town council shall conduct an election in accordance with Title 13, chapter 1, part 5, on the question of whether or not the city or town council may establish and collect rentals for the use of the sewer system, may fix the scale of the rentals, and may prescribe the manner and time at which the rentals must be paid:
(a) to provide the sewer fund;
(b) to provide for the retirement of the bonds and the payment of the interest on the bonds; or
(c) for any purpose mentioned in this section.
(2) If a majority of votes cast are in favor of the proposition, then the city or town council may establish and collect rentals for the use of the sewer system, may fix the scale of rentals, may prescribe the manner and time at which the rentals should be paid, and may change the scale of rentals from time to time as considered advisable.
(3) The revenue provided in this section is in addition to and not exclusive of other revenue that may be legally collected for sewer payment.
History: En. Sec. 15, Ch. 89, L. 1913; re-en. Sec. 5239, R.C.M. 1921; amd. Sec. 1, Ch. 149, L. 1933; re-en. Sec. 5239, R.C.M. 1935; amd. Sec. 3, Ch. 100, L. 1973; R.C.M. 1947, 11-2216(part); amd. Sec. 46, Ch. 387, L. 1995; amd. Sec. 145, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 42. Public Sewer Systems › 7-13-4205. Determination of rental charge

7-13-4205. Determination of rental charge.
(1) The total revenue to be collected from all of the above sources in a given year shall be provided for by the council in such a manner as to provide funds for the payment of all bond issues and interest thereon, as well as for all necessary expenses of the operation, maintenance, and repair of any such sewer system.
(2) For the purpose of making such rental charges equitable, property benefited thereby may be classified, taking into consideration the volume and character of sewage or waste and the nature of the use made of such sewage facilities.
History: En. Sec. 15, Ch. 89, L. 1913; re-en. Sec. 5239, R.C.M. 1921; amd. Sec. 1, Ch. 149, L. 1933; re-en. Sec. 5239, R.C.M. 1935; amd. Sec. 3, Ch. 100, L. 1973; R.C.M. 1947, 11-2216(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 42. Public Sewer Systems › 7-13-4206. Procedure to collect rentals

7-13-4206. Procedure to collect rentals.
Said rentals shall be collected or taxed against the property in like manner as water rentals are collected and taxed or by such procedure as may be prescribed by the city or town council.
History: En. Sec. 15, Ch. 89, L. 1913; re-en. Sec. 5239, R.C.M. 1921; amd. Sec. 1, Ch. 149, L. 1933; re-en. Sec. 5239, R.C.M. 1935; amd. Sec. 3, Ch. 100, L. 1973; R.C.M. 1947, 11-2216(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 42. Public Sewer Systems › 7-13-4207. Special fund for sewer rentals

7-13-4207. Special fund for sewer rentals.
(1) The funds received from the collection of sewer rentals shall be kept as a separate and distinct fund by the city treasurer, subject only to disbursement by order of the council.
(2) This fund shall be used for:
(a) the payment of the cost of management, maintenance, operation, and repair of the sewage system, including treatment and disposal works;
(b) for the creation of a sinking fund for the retirement of any indebtedness; and
(c) for the payment of interest on any such indebtedness.
(3) Any surplus in such fund may be used for the enlargement or replacement of the same and for the payment of the interest on any debt incurred for the construction of such sewage system, including sewage pumping, treatment, and disposal works, and for retiring such debt but shall not be used for the extension of a sewage system to serve unsewered areas or for any purpose other than one or more of those specified above.
History: En. Sec. 15, Ch. 89, L. 1913; re-en. Sec. 5239, R.C.M. 1921; amd. Sec. 1, Ch. 149, L. 1933; re-en. Sec. 5239, R.C.M. 1935; amd. Sec. 3, Ch. 100, L. 1973; R.C.M. 1947, 11-2216(4).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 42. Public Sewer Systems › 7-13-4208. Repealed

7-13-4208. Repealed.
Sec. 1, Ch. 55, L. 2011; Sec. 11, Ch. 214, L. 2011.
History: En. Sec. 15, Ch. 89, L. 1913; re-en. Sec. 5239, R.C.M. 1921; amd. Sec. 1, Ch. 149, L. 1933; re-en. Sec. 5239, R.C.M. 1935; amd. Sec. 3, Ch. 100, L. 1973; R.C.M. 1947, 11-2216(5).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4301. Establishment of sewage and water systems

7-13-4301. Establishment of sewage and water systems.
Any city or town may:
(1) establish, build, construct, reconstruct, or extend:
(a) a storm or sanitary sewerage system;
(b) a plant or plants for treatment or disposal of sewage from the city or town;
(c) a water supply or distribution system; or
(d) any combination of systems; and
(2) operate and maintain the facilities for public use.
History: En. Sec. 1, Ch. 149, L. 1943; amd. Sec. 1, Ch. 100, L. 1947; amd. Sec. 1, Ch. 98, L. 1955; amd. Sec. 7, Ch. 158, L. 1971; R.C.M. 1947, 11-2217(part); amd. Sec. 5, Ch. 453, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4302. Repealed

7-13-4302. Repealed.
Sec. 7, Ch. 453, L. 1993.
History: En. Sec. 1, Ch. 149, L. 1943; amd. Sec. 1, Ch. 100, L. 1947; amd. Sec. 1, Ch. 98, L. 1955; amd. Sec. 7, Ch. 158, L. 1971; R.C.M. 1947, 11-2217(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4303. Repealed

7-13-4303. Repealed.
Sec. 7, Ch. 453, L. 1993.
History: En. Sec. 1, Ch. 149, L. 1943; amd. Sec. 1, Ch. 100, L. 1947; amd. Sec. 1, Ch. 98, L. 1955; amd. Sec. 7, Ch. 158, L. 1971; R.C.M. 1947, 11-2217(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4304. Authority to charge for services

7-13-4304. Authority to charge for services.
(1) The governing body of a municipality operating a municipal water or sewer system shall fix and establish, by ordinance or resolution, and collect rates, rentals, and charges for the services, facilities, and benefits directly or indirectly afforded by the system, taking into account services provided and benefits received.
(2) Sewer charges may take into consideration the quantity of sewage produced and its concentration and water pollution qualities in general and the cost of disposal of sewage and storm waters. The charges may be fixed on the basis of water consumption or any other equitable basis the governing body considers appropriate. The rates for charges may be fixed in advance or otherwise and shall be uniform for like services in all parts of the municipality. If the governing body determines that the sewage treatment or storm water disposal prevents pollution of sources of water supply, the sewer charges may be established as a surcharge on the water bills of water consumers or on any other equitable basis of measuring the use and benefits of the facilities and services.
(3) An original charge for the connecting sewerline between the lot line and the sewer main may be assessed when the connecting sewerline is installed.
(4) The water and sewer rates, charges, or rentals shall be as nearly as possible equitable in proportion to the services and benefits rendered.
History: Ap. p. Sec. 3, Ch. 149, L. 1943; amd. Sec. 3, Ch. 98, L. 1955; Sec. 11-2219, R.C.M. 1947; Ap. p. Sec. 1, Ch. 149, L. 1943; amd. Sec. 1, Ch. 100, L. 1947; amd. Sec. 1, Ch. 98, L. 1955; amd. Sec. 7, Ch. 158, L. 1971; Sec. 11-2217, R.C.M. 1947; Ap. p. Sec. 1, Ch. 411, L. 1973; Sec. 84-4726.1, R.C.M. 1947; R.C.M. 1947, 11-2217(part), 11-2219(part), 84-4726.1(part); amd. Sec. 25, Ch. 251, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4305. Consumers required to pay for services

7-13-4305. Consumers required to pay for services.
(1) No person, firm, or corporation shall be permitted to use said system unless they pay the full and established rate for said service.
(2) No person may have service reestablished after it is discontinued pursuant to 7-13-4306 unless they have paid the full amount past due, any interest or penalty on such past-due amount, and any required reestablishment deposit.
History: En. Sec. 5, Ch. 149, L. 1943; R.C.M. 1947, 11-2221(part); amd. Sec. 1, Ch. 115, L. 1987.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4306. Effect of failure to pay charges

7-13-4306. Effect of failure to pay charges.
In the event of nonpayment of charges for either water or sewer service and benefits to any premises, the governing body may direct the supply of water or provision of sewer service to such premises to be discontinued until such charges are paid.
History: En. Sec. 1, Ch. 149, L. 1943; amd. Sec. 1, Ch. 100, L. 1947; amd. Sec. 1, Ch. 98, L. 1955; amd. Sec. 7, Ch. 158, L. 1971; R.C.M. 1947, 11-2217(part); amd. Sec. 2, Ch. 115, L. 1987.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4307. Establishment of amount of charges

7-13-4307. Establishment of amount of charges.
The rates and charges established for the services and facilities afforded by this system must be sufficient in each year to provide income and revenue adequate for the:
(1) payment of the reasonable expense of operation and maintenance;
(2) payment of the sums required to be paid into the sinking fund;
(3) accumulation of reserves;
(4) payment of rates, fees, and charges levied by a regional authority established pursuant to Title 75, chapter 6, part 3; and
(5) payment of expenditures for depreciation and replacement of the system as determined necessary by the governing body or as covenanted in the ordinances and resolutions authorizing the outstanding bonds.
History: En. Sec. 3, Ch. 149, L. 1943; amd. Sec. 3, Ch. 98, L. 1955; R.C.M. 1947, 11-2219(part); amd. Sec. 3, Ch. 187, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4308. Change and readjustment of charges

7-13-4308. Change and readjustment of charges.
The governing body shall have the right to change and readjust from time to time the rates and charges so fixed and established, provided the aggregate of such rates and charges shall always be sufficient to meet the requirements mentioned in 7-13-4307.
History: En. Sec. 3, Ch. 149, L. 1943; amd. Sec. 3, Ch. 98, L. 1955; R.C.M. 1947, 11-2219(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4309. Procedure to collect sewer or water charges

7-13-4309. Procedure to collect sewer or water charges.
(1) Sewer or water charges must be collected by the treasurer.
(2) On or before July 7 of each year, notice must be given by the city treasurer or town clerk to the owners of all lots or parcels of real estate to which sewer or water service has been furnished prior to July 1 by the city or town. The notice must specify the assessment owing and in arrears at the time of giving notice. The notice must be in writing and must state the amount of arrearage, including any penalty and interest assessed pursuant to the provisions of the city or town ordinance, and that unless the amount is paid within 30 days of the notice, the amount will be levied as a tax against the lot or parcel of real estate to which sewer or water service was furnished and for which payment is delinquent. The notice must also state that the city or town may by suit collect past-due assessments, interest, and penalties, as a debt owing the city or town, in any court of competent jurisdiction, including city court. The notice may be delivered to the owner personally or by letter addressed to the owner at the post-office address of the owner as shown in property tax records maintained by the department of revenue.
(3) (a) Except as provided in subsection (3)(b), at the time that the annual tax levy is certified to the county clerk, the city treasurer or town clerk shall certify and file with the department of revenue a list of all lots or parcels of real estate, giving the legal description of the lot or parcel, to the owners of which notices of arrearage in payments were given and which arrearage remains unpaid and stating the amount of the arrearage, including any penalty and interest. The department of revenue shall insert the amount as a tax against the lot or parcel of real estate.
(b) In cities where the council has provided by ordinance for the collection of taxes, the city treasurer shall collect the delinquent amount, including penalty and interest, as a tax against the lot or parcel of real estate to which sewer or water service was furnished and payment for which is delinquent.
(4) A city or town may, in addition to pursuing the collection of assessments in the same manner as a tax, bring suit in any court of competent jurisdiction, including city court, to collect the amount due and owing, including penalties and interest, as a debt owing the city or town.
History: En. 84-4726.1 by Sec. 1, Ch. 411, L. 1973; R.C.M. 1947, 84-4726.1(part); amd. Sec. 1, Ch. 114, L. 1987; amd. Sec. 3, Ch. 115, L. 1987; amd. Sec. 21, Ch. 27, Sp. L. November 1993; amd. Sec. 1, Ch. 423, L. 1999; amd. Sec. 14, Ch. 451, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4310. Repealed

7-13-4310. Repealed.
Sec. 11, Ch. 214, L. 2011.
History: En. Sec. 5, Ch. 98, L. 1955; R.C.M. 1947, 11-2220.1.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4311. Authorization to furnish water and sewer services to industrial consumers

7-13-4311. Authorization to furnish water and sewer services to industrial consumers.
(1) Subject to the provisions of subsection (2), the city or town council of any city or town within Montana that owns and operates a municipal water system, a municipal sewage system, or both, to furnish water services, sewage services, or both, to the inhabitants of the city or town as a public utility may, in addition to all other powers, furnish water from the water system and sewage services from the sewage system:
(a) to any person, factory, or other industry located within the corporate limits of the city or town; or
(b) to any person, factory, or other industry located outside the corporate limits of the city or town.
(2) (a) The services authorized by subsection (1) must be furnished at reasonable rates.
(b) Delivery of water and delivery of sewage services by a city or town to or for the use of any person, factory, or other industry located outside the corporate limits of the city or town must be made within or at the boundary line of the corporate limits of the city or town or from any existing waterline or sewerline of the city or town located outside of the corporate limits of the city or town, except as provided in this part.
History: En. Sec. 1, Ch. 71, L. 1925; amd. Sec. 1, Ch. 134, L. 1929; re-en. Sec. 5040.1, R.C.M. 1935; amd. Sec. 1, Ch. 6, L. 1955; amd. Sec. 1, Ch. 63, L. 1957; amd. Sec. 1, Ch. 194, L. 1961; amd. Sec. 1, Ch. 229, L. 1971; R.C.M. 1947, 11-1001(1); amd. Sec. 36, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4312. Authorization to furnish water and sewer services to persons located outside municipality

7-13-4312. Authorization to furnish water and sewer services to persons located outside municipality.
A city council that owns and operates a municipal water system, a municipal sewer system, or both, to furnish water and sewer services to the inhabitants of a city as a public utility may furnish water from the water system and sewage services from the sewer system to the inhabitants or to any person, factory, industry, or producer of farm or other products located outside of the corporate limits of the city at reasonable rates filed by the city or town council. The city council may make collections to provide water and sewer services in the same manner as collections are made within the corporate limits.
History: En. Sec. 1, Ch. 71, L. 1925; amd. Sec. 1, Ch. 134, L. 1929; re-en. Sec. 5040.1, R.C.M. 1935; amd. Sec. 1, Ch. 6, L. 1955; amd. Sec. 1, Ch. 63, L. 1957; amd. Sec. 1, Ch. 194, L. 1961; amd. Sec. 1, Ch. 229, L. 1971; R.C.M. 1947, 11-1001(2); amd. Sec. 8, Ch. 214, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4313. Illegal use of water or sewer system

7-13-4313. Illegal use of water or sewer system.
Any person, firm, or corporation residing either inside or outside of the corporate limits of a city owning a municipal water system and/or a municipal sewer system which furnishes water or sewer services as a public utility who shall willfully turn on the waterline or sewerline after the same shall have been shut off by or under the direction of the city for nonpayment of water charges or sewer charges or who shall unlawfully take water from such water system or shall unlawfully make use of such sewer system shall be guilty of a misdemeanor.
History: En. Sec. 1, Ch. 71, L. 1925; amd. Sec. 1, Ch. 134, L. 1929; re-en. Sec. 5040.1, R.C.M. 1935; amd. Sec. 1, Ch. 6, L. 1955; amd. Sec. 1, Ch. 63, L. 1957; amd. Sec. 1, Ch. 194, L. 1961; amd. Sec. 1, Ch. 229, L. 1971; R.C.M. 1947, 11-1001(3).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4314. Annexation as requirement for receiving service

7-13-4314. Annexation as requirement for receiving service.
Any person, firm, or corporation receiving water or sewer service outside of incorporated city limits may be required by the city or town, as a condition to initiate such service, to consent to annexation of the tract of property served by the city or town. The consent to annexation is limited to that tract or parcel or portion of tract or parcel that is clearly and immediately, and not potentially, being serviced by the water or sewer service.
History: En. Sec. 1, Ch. 71, L. 1925; amd. Sec. 1, Ch. 134, L. 1929; re-en. Sec. 5040.1, R.C.M. 1935; amd. Sec. 1, Ch. 6, L. 1955; amd. Sec. 1, Ch. 63, L. 1957; amd. Sec. 1, Ch. 194, L. 1961; amd. Sec. 1, Ch. 229, L. 1971; R.C.M. 1947, 11-1001(4).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4321. Repealed

7-13-4321. Repealed.
Sec. 7, Ch. 453, L. 1993.
History: En. Sec. 2, Ch. 149, L. 1943; amd. Sec. 1, Ch. 146, L. 1951; amd. Sec. 2, Ch. 98, L. 1955; amd. Sec. 1, Ch. 38, L. 1957; amd. Sec. 1, Ch. 51, L. 1963; amd. Sec. 13, Ch. 234, L. 1971; R.C.M. 1947, 11-2218(part); amd. Sec. 45, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4322. Repealed

7-13-4322. Repealed.
Sec. 7, Ch. 453, L. 1993.
History: En. Sec. 2, Ch. 149, L. 1943; amd. Sec. 1, Ch. 146, L. 1951; amd. Sec. 2, Ch. 98, L. 1955; amd. Sec. 1, Ch. 38, L. 1957; amd. Sec. 1, Ch. 51, L. 1963; amd. Sec. 13, Ch. 234, L. 1971; R.C.M. 1947, 11-2218(7).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4323. Repealed

7-13-4323. Repealed.
Sec. 7, Ch. 453, L. 1993.
History: En. Sec. 2, Ch. 149, L. 1943; amd. Sec. 1, Ch. 146, L. 1951; amd. Sec. 2, Ch. 98, L. 1955; amd. Sec. 1, Ch. 38, L. 1957; amd. Sec. 1, Ch. 51, L. 1963; amd. Sec. 13, Ch. 234, L. 1971; R.C.M. 1947, 11-2218(2).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4324. Repealed

7-13-4324. Repealed.
Sec. 7, Ch. 453, L. 1993.
History: En. Sec. 2, Ch. 149, L. 1943; amd. Sec. 1, Ch. 146, L. 1951; amd. Sec. 2, Ch. 98, L. 1955; amd. Sec. 1, Ch. 38, L. 1957; amd. Sec. 1, Ch. 51, L. 1963; amd. Sec. 13, Ch. 234, L. 1971; R.C.M. 1947, 11-2218(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4325. Repealed

7-13-4325. Repealed.
Sec. 7, Ch. 453, L. 1993.
History: En. Sec. 4, Ch. 149, L. 1943; amd. Sec. 4, Ch. 98, L. 1955; R.C.M. 1947, 11-2220(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4326. Repealed

7-13-4326. Repealed.
Sec. 7, Ch. 453, L. 1993.
History: En. Sec. 4, Ch. 149, L. 1943; amd. Sec. 4, Ch. 98, L. 1955; R.C.M. 1947, 11-2220(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4327. Repealed

7-13-4327. Repealed.
Sec. 7, Ch. 453, L. 1993.
History: En. Sec. 4, Ch. 149, L. 1943; amd. Sec. 4, Ch. 98, L. 1955; R.C.M. 1947, 11-2220(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4328. Repealed

7-13-4328. Repealed.
Sec. 7, Ch. 453, L. 1993.
History: En. Sec. 2, Ch. 149, L. 1943; amd. Sec. 1, Ch. 146, L. 1951; amd. Sec. 2, Ch. 98, L. 1955; amd. Sec. 1, Ch. 38, L. 1957; amd. Sec. 1, Ch. 51, L. 1963; amd. Sec. 13, Ch. 234, L. 1971; R.C.M. 1947, 11-2218(3), (4).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4329. Repealed

7-13-4329. Repealed.
Sec. 7, Ch. 453, L. 1993.
History: En. Sec. 2, Ch. 149, L. 1943; amd. Sec. 1, Ch. 146, L. 1951; amd. Sec. 2, Ch. 98, L. 1955; amd. Sec. 1, Ch. 38, L. 1957; amd. Sec. 1, Ch. 51, L. 1963; amd. Sec. 13, Ch. 234, L. 1971; R.C.M. 1947, 11-2218(5).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4330. Repealed

7-13-4330. Repealed.
Sec. 7, Ch. 453, L. 1993.
History: En. Sec. 5, Ch. 149, L. 1943; R.C.M. 1947, 11-2221(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4331. Repealed

7-13-4331. Repealed.
Sec. 7, Ch. 453, L. 1993.
History: En. Sec. 4, Ch. 149, L. 1943; amd. Sec. 4, Ch. 98, L. 1955; R.C.M. 1947, 11-2220(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4332. Repealed

7-13-4332. Repealed.
Sec. 7, Ch. 453, L. 1993.
History: En. Sec. 5, Ch. 149, L. 1943; R.C.M. 1947, 11-2221(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4333. Repealed

7-13-4333. Repealed.
Sec. 7, Ch. 453, L. 1993.
History: En. Sec. 5, Ch. 149, L. 1943; R.C.M. 1947, 11-2221(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 43. Municipal Sewage and/or Water Systems › 7-13-4341. Repealed

7-13-4341. Repealed.
Sec. 7, Ch. 453, L. 1993.
History: En. Sec. 2, Ch. 149, L. 1943; amd. Sec. 1, Ch. 146, L. 1951; amd. Sec. 2, Ch. 98, L. 1955; amd. Sec. 1, Ch. 38, L. 1957; amd. Sec. 1, Ch. 51, L. 1963; amd. Sec. 13, Ch. 234, L. 1971; R.C.M. 1947, 11-2218(part).