reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4408. Voter approval required to create housing authority

7-15-4408. Voter approval required to create housing authority.
The ordinance authorized by 7-15-4406(2) is not effective until it has been approved by a majority vote of the registered electors within the city limits voting either at a special election held in conjunction with a regular or primary election or at a general election.
History: En. Sec. 4, Ch. 140, L. 1935; re-en. Sec. 5309.4, R.C.M. 1935; amd. Sec. 1, Ch. 68, L. 1953; amd. Sec. 3, Ch. 193, L. 1957; R.C.M. 1947, 35-104(part); amd. Sec. 344, Ch. 571, L. 1979; amd. Sec. 55, Ch. 387, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4409. Application for incorporation

7-15-4409. Application for incorporation.
(1) The commissioners shall present to the secretary of state an application signed by them that must set forth, without any detail other than the mere recital:
(a) that a notice has been given and a public hearing has been held as provided in 7-15-4405, that the council made the determination provided for in 7-15-4406 after the hearing, and that the mayor has appointed them as commissioners;
(b) the name and official residence of each of the commissioners, together with a certified copy of the appointment evidencing each commissioner's right to office, the date and place of induction into and taking oath of office, and that the commissioner's desire the housing authority to become a public body and a body corporate and politic under this part;
(c) the term of office of each of the commissioners;
(d) the name that is proposed for the corporation; and
(e) the location of the principal office of the proposed corporation.
(2) The application must be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of the state to take and certify oaths, who shall certify upon the application that the officer personally knows the commissioners and knows them to be the officers as asserted in the application and that each subscribed and swore to the application in the officer's presence.
History: En. Sec. 4, Ch. 140, L. 1935; re-en. Sec. 5309.4, R.C.M. 1935; amd. Sec. 1, Ch. 68, L. 1953; amd. Sec. 3, Ch. 193, L. 1957; R.C.M. 1947, 35-104(part); amd. Sec. 619, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4410. Processing of application by secretary of state

7-15-4410. Processing of application by secretary of state.
(1) The secretary of state shall examine the application, and if the name proposed for the corporation is not identical with that of a person or of any other corporation of this state or so nearly similar as to lead to confusion and uncertainty, the secretary of state shall receive and file it and shall record it in an appropriate book of record in the secretary of state's office.
(2) When the application has been made, filed, and recorded, the secretary of state shall make and issue to the commissioners a certificate of incorporation pursuant to this part, under the seal of the state, and shall record the certificate with the application.
History: En. Sec. 4, Ch. 140, L. 1935; re-en. Sec. 5309.4, R.C.M. 1935; amd. Sec. 1, Ch. 68, L. 1953; amd. Sec. 3, Ch. 193, L. 1957; R.C.M. 1947, 35-104(part); amd. Sec. 620, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4411. Effect of filing and recording application

7-15-4411. Effect of filing and recording application.
When the application has been made, filed, and recorded as provided in 7-15-4409 and 7-15-4410, the authority shall constitute a public body and a body corporate and politic under the name proposed in the application.
History: En. Sec. 4, Ch. 140, L. 1935; re-en. Sec. 5309.4, R.C.M. 1935; amd. Sec. 1, Ch. 68, L. 1953; amd. Sec. 3, Ch. 193, L. 1957; R.C.M. 1947, 35-104(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4412. Presumption of regularity in creation of municipal housing authority

7-15-4412. Presumption of regularity in creation of municipal housing authority.
(1) In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have been established in accordance with the provisions of this part upon proof of the issuance of the aforesaid certificate by the secretary of state.
(2) A copy of such certificate, duly certified by the secretary of state, shall be admissible in evidence in any such suit, action, or proceeding and shall be conclusive proof of the filing and contents thereof.
History: En. Sec. 4, Ch. 140, L. 1935; re-en. Sec. 5309.4, R.C.M. 1935; amd. Sec. 1, Ch. 68, L. 1953; amd. Sec. 3, Ch. 193, L. 1957; R.C.M. 1947, 35-104(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4413. Boundaries of municipal housing authority

7-15-4413. Boundaries of municipal housing authority.
(1) The boundaries of such authority shall include said city and the area within 10 miles from the territorial boundaries of said city, but in no event shall it include the whole or a part of any other city unless a resolution shall have been adopted by the governing body of such other city declaring that there is a need for such authority to exercise its powers within that city.
(2) After the creation of an authority, the subsequent existence within its territorial boundaries of more than one city shall in no way affect the territorial boundaries of such authority.
History: En. Sec. 4, Ch. 140, L. 1935; re-en. Sec. 5309.4, R.C.M. 1935; amd. Sec. 1, Ch. 68, L. 1953; amd. Sec. 3, Ch. 193, L. 1957; R.C.M. 1947, 35-104(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4414. Problems arising from existence of several overlapping authorities

7-15-4414. Problems arising from existence of several overlapping authorities.
(1) In case an area lies within 10 miles of the boundaries of more than one city, such area shall be deemed to be within the boundaries of the authority embracing such area which was first established, all priorities to be determined on the basis of the time of the issuance of the aforesaid certificates by the secretary of state.
(2) No housing authority shall operate in any area in which an authority already established is operating without the consent by resolution of the authority already operating therein.
History: En. Sec. 4, Ch. 140, L. 1935; re-en. Sec. 5309.4, R.C.M. 1935; amd. Sec. 1, Ch. 68, L. 1953; amd. Sec. 3, Ch. 193, L. 1957; R.C.M. 1947, 35-104(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4415. Cooperation between housing authorities

7-15-4415. Cooperation between housing authorities.
Any two or more housing authorities may join or cooperate with one another in the exercise of any or all of the powers conferred on such housing authorities for the purpose of financing, planning, undertaking, constructing, or operating a housing project or projects located within the area of operation of any one or more of such housing authorities.
History: En. Sec. 10, Ch. 140, L. 1935; re-en. Sec. 5309.10, R.C.M. 1935; amd. Sec. 2, Ch. 153, L. 1941; R.C.M. 1947, 35-110.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4417. Initial funding of housing authority

7-15-4417. Initial funding of housing authority.
Immediately after the incorporation of a housing authority, the council or other governing body of a first- or second-class city included within the territorial boundaries of the authority:
(1) shall make an estimate of the amount of money necessary for the administrative expenses and overhead of the housing authority during the first year following the incorporation of the housing authority;
(2) shall appropriate such amount to the authority out of any money in the city treasury not appropriated to some other purpose; and
(3) shall cause the money so appropriated to be paid the authority as a donation.
History: Ap. p. Sec. 4, Ch. 138, L. 1935; re-en. Sec. 5309.31, R.C.M. 1935; Sec. 35-138, R.C.M. 1947; Ap. p. Sec. 2, Ch. 138, L. 1935; re-en. Sec. 5309.29, R.C.M. 1935; Sec. 36-136, R.C.M. 1947; R.C.M. 1947, 35-136(2), 35-138(part); amd. Sec. 21, Ch. 253, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4418. Interim funding of housing authority

7-15-4418. Interim funding of housing authority.
In addition to the power granted in 7-15-4417, any municipality located in whole or in part within the boundaries of a housing authority may, annually and from time to time, make donations or advances to the authority of such sums as the municipality in its discretion may determine.
History: En. Sec. 4, Ch. 138, L. 1935; re-en. Sec. 5309.31, R.C.M. 1935; R.C.M. 1947, 35-138(part); amd. Sec. 22, Ch. 253, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4419. Authority to reimburse municipality for loans

7-15-4419. Authority to reimburse municipality for loans.
The authority, when it has money available therefor, shall reimburse a municipality for all advances made to it by way of loan.
History: En. Sec. 4, Ch. 138, L. 1935; re-en. Sec. 5309.31, R.C.M. 1935; R.C.M. 1947, 35-138(part); amd. Sec. 23, Ch. 253, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4420. Procedure to implement certain sections

7-15-4420. Procedure to implement certain sections.
(1) Except as otherwise provided in 7-15-4416(2) and 7-15-4417 through 7-15-4419, all action authorized to be taken under 7-15-4416(2) and 7-15-4417 through 7-15-4419 by the council or other governing body of any city or of any municipality may be by resolution adopted by a majority of all the members of its council or other governing body.
(2) The resolution may be adopted at the meeting of the council or other governing body at which such resolution is introduced and shall take effect immediately upon such adoption, and no such resolution need be published or posted.
History: En. Sec. 5, Ch. 138, L. 1935; re-en. Sec. 5309.32, R.C.M. 1935; R.C.M. 1947, 35-139.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4421. Municipal housing authority to be nonprofit

7-15-4421. Municipal housing authority to be nonprofit.
It is hereby declared to be the policy of this state that:
(1) each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe, and sanitary dwelling accommodations; and
(2) no housing authority shall construct or operate any such project for profit or as a source of revenue to the city.
History: En. Sec. 5, Ch. 153, L. 1941; re-en. Sec. 5309.27F, R.C.M. 1935; R.C.M. 1947, 35-133(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4422. Authorization to dissolve housing authority

7-15-4422. Authorization to dissolve housing authority.
If, after the lapse of 2 years from the creation of a housing authority by the filing and recording in the office of the secretary of state of the application as provided in 7-15-4410, no housing project has been commenced and no contract has been signed by the council or the mayor on behalf of the municipality with the housing authority or United States housing authority providing for contributions by the municipality either in cash or by tax remissions or exemptions in aid or support of any such housing project, such housing authority may be dissolved as provided in 7-15-4423.
History: En. Sec. 1, Ch. 25, L. 1941; re-en. Sec. 5309.37, R.C.M. 1935; R.C.M. 1947, 35-146(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4423. Resolution to dissolve housing authority

7-15-4423. Resolution to dissolve housing authority.
(1) When a housing authority is subject to dissolution as provided in 7-15-4422, the council may, at any regular meeting of the council, without any previous notice, and in its discretion, adopt a resolution declaring that:
(a) dwelling accommodations in the city and surrounding area are such that there is no need for the construction of any housing project;
(b) the need for the creation of a housing authority no longer exists; and
(c) the same be disbanded and dissolved.
(2) The resolution shall be spread upon the minutes of the meeting of the council. Thereupon, a copy of the said resolution shall be duly certified by the mayor and city clerk and filed for record in the office of the secretary of state, whereupon the housing authority shall be dissolved and all functions thereof cease and the commissioners thereof discharged from any further duties or powers.
History: En. Sec. 1, Ch. 25, L. 1941; re-en. Sec. 5309.37, R.C.M. 1935; R.C.M. 1947, 35-146(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4431. Appointment of commissioners

7-15-4431. Appointment of commissioners.
(1) An authority consists of seven commissioners appointed by the mayor. The mayor shall designate the first presiding officer. A commissioner may not be a city official.
(2) Two of the commissioners must be directly assisted by the housing authority and are known as resident commissioners. The staff of the housing authority may not involve itself in the nomination or appointment of resident commissioners, except that the housing authority shall notify all of the households directly assisted by the housing authority when a resident commissioner position is vacant.
(3) The mayor shall file with the city clerk a certificate of the appointment or reappointment of any commissioner, and the certificate is conclusive evidence of the proper appointment of the commissioner.
History: En. Sec. 5, Ch. 140, L. 1935; re-en. Sec. 5309.5, R.C.M. 1935; R.C.M. 1947, 35-105(part); amd. Sec. 2, Ch. 514, L. 1989; amd. Sec. 5, Ch. 472, L. 1997; amd. Sec. 1, Ch. 197, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4432. Term of office

7-15-4432. Term of office.
(1) Subject to subsection (2), the commissioners who are first appointed must be designated by the mayor to serve for terms of 1, 2, 3, 4, and 5 years, respectively, from the date of their appointment. After the initial appointments, the term of office is 5 years.
(2) The resident commissioners who are first appointed shall serve for terms of 1 and 2 years, respectively, from the date of their appointment. After the initial appointments, the term of office is 2 years.
(3) A commissioner shall hold office until the commissioner's successor has been appointed and qualified.
History: En. Sec. 5, Ch. 140, L. 1935; re-en. Sec. 5309.5, R.C.M. 1935; R.C.M. 1947, 35-105(part); amd. Sec. 3, Ch. 514, L. 1989; amd. Sec. 2, Ch. 197, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4433. Compensation of commissioners

7-15-4433. Compensation of commissioners.
A commissioner may not receive compensation for services, but is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of authority duties.
History: En. Sec. 5, Ch. 140, L. 1935; re-en. Sec. 5309.5, R.C.M. 1935; R.C.M. 1947, 35-105(part); amd. Sec. 621, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4434. Vacancies

7-15-4434. Vacancies.
Vacancies shall be filled for the unexpired term.
History: En. Sec. 5, Ch. 140, L. 1935; re-en. Sec. 5309.5, R.C.M. 1935; R.C.M. 1947, 35-105(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4435. Control of conflict of interest

7-15-4435. Control of conflict of interest.
(1) A commissioner or employee of an authority may not acquire any interest, direct or indirect, in a housing project or in any property included or planned to be included in a project. A commissioner may not have any interest, direct or indirect, in a contract or proposed contract for materials or services to be furnished or used in connection with a housing project.
(2) (a) If a commissioner or employee of an authority owns or controls an interest, direct or indirect, in any property included or planned to be included in a housing project, the commissioner shall immediately disclose the interest in writing to the authority, and the disclosure must be entered upon the minutes of the authority.
(b) Failure to disclose an interest constitutes misconduct in office.
History: En. Sec. 7, Ch. 140, L. 1935; re-en. Sec. 5309.7, R.C.M. 1935; R.C.M. 1947, 35-107; amd. Sec. 4, Ch. 514, L. 1989; amd. Sec. 3, Ch. 197, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4436. Removal of commissioners

7-15-4436. Removal of commissioners.
The mayor may remove a commissioner for inefficiency or neglect of duty or misconduct in office, but only after the commissioner has been given a copy of the charges, which may be made by the mayor, at least 10 days prior to the hearing on the charges and has had an opportunity to be heard in person or by counsel.
History: En. Sec. 8, Ch. 140, L. 1935; re-en. Sec. 5309.8, R.C.M. 1935; R.C.M. 1947, 35-108(part); amd. Sec. 622, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4437. Right of obligee of authority to request removal of commissioner

7-15-4437. Right of obligee of authority to request removal of commissioner.
(1) An obligee of the authority may file with the mayor written charges that the authority is willfully violating any law of the state or any term, provision, or covenant in any contract to which the authority is a party. The mayor shall give each of the commissioners a copy of the charges at least 10 days prior to the hearing on the charges and shall provide an opportunity to be heard in person or by counsel. The mayor shall within 15 days after receipt of the charges remove a commissioner of the authority who is found to have acquiesced in any willful violation.
(2) A commissioner is considered to have acquiesced in a willful violation by the authority of a law of this state or of any term, provision, or covenant contained in a contract to which the authority is a party if, before a hearing is held on the charges, the commissioner does not file a written statement with the authority of objections to or lack of participation in the violation.
History: En. Sec. 8, Ch. 140, L. 1935; re-en. Sec. 5309.8, R.C.M. 1935; R.C.M. 1947, 35-108(part); amd. Sec. 623, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4438. Record of removal proceedings

7-15-4438. Record of removal proceedings.
In the event of the removal of any commissioner, the mayor shall file in the office of the city clerk a record of the proceedings, together with the charges made against the commissioners and the findings thereon.
History: En. Sec. 8, Ch. 140, L. 1935; re-en. Sec. 5309.8, R.C.M. 1935; R.C.M. 1947, 35-108(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4439. Conduct of business

7-15-4439. Conduct of business.
(1) A simple majority of commissioners constitutes a quorum.
(2) When the office of the first presiding officer of the authority becomes vacant, the authority shall select a presiding officer from among its members. An authority shall select from among its members a vice presiding officer.
(3) An authority may:
(a) employ a secretary who is the executive director, technical experts, and other officers, agents, and employees, permanent and temporary, that it may require and shall determine their qualifications, duties, and compensation;
(b) call upon the corporation counsel or chief law officer of the city for legal services that it may require or employ its own counsel and legal staff;
(c) delegate to one or more of its agents or employees powers or duties that it may consider proper.
History: En. Sec. 5, Ch. 140, L. 1935; re-en. Sec. 5309.5, R.C.M. 1935; R.C.M. 1947, 35-105(part); amd. Sec. 5, Ch. 514, L. 1989; amd. Sec. 624, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4440. Certain laws controlling

7-15-4440. Certain laws controlling.
(1) Insofar as the provisions of Chapter 140, Laws of 1935, are inconsistent with the provisions of any other law, the provisions of Chapter 140, Laws of 1935, shall be controlling.
(2) Insofar as the provisions of Chapter 193, Laws of 1957, are inconsistent with the provisions of any other law, the provisions of Chapter 193, Laws of 1957, shall be controlling.
History: (1)En. Sec. 28, Ch. 140, L. 1935; re-en. Sec. 5309.27, R.C.M. 1935; Sec. 35-127, R.C.M. 1947; (2)En. Sec. 9, Ch. 193, L. 1957; Sec. 35-125.2, R.C.M. 1947; R.C.M. 1947, 35-125.2, 35-127.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4451. General powers of housing authority

7-15-4451. General powers of housing authority.
(1) An authority shall exercise public powers and have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part and part 45, including the following powers in addition to others herein granted.
(2) An authority shall have power to:
(a) sue and be sued;
(b) have a seal and alter the same at pleasure;
(c) have perpetual succession;
(d) make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority;
(e) make and from time to time amend and repeal bylaws and rules, not inconsistent with this part and part 45, to carry into effect the powers and purposes of the authority.
(3) In addition to all of the other powers herein conferred upon it, an authority may do all things necessary and convenient to carry out the powers expressly given in this part and part 45.
History: En. Sec. 9, Ch. 140, L. 1935; re-en. Sec. 5309.9, R.C.M. 1935; amd. Sec. 2, Ch. 68, L. 1953; amd. Sec. 4, Ch. 193, L. 1957; amd. Sec. 1, Ch. 259, L. 1974; R.C.M. 1947, 35-109(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4452. Exercise of powers

7-15-4452. Exercise of powers.
(1) An authority may exercise any or all of the powers herein conferred upon it, either generally or with respect to any specific housing project or projects, through or by an agent or agents which it may designate, including any corporation or corporations which are or shall be formed under the laws of this state, and for such purposes an authority may cause one or more corporations to be formed under the laws of this state or may acquire the capital stock of any corporation or corporations.
(2) Any corporate agent, all of the stock of which shall be owned by the authority or its nominee or nominees, may to the extent permitted by law exercise any of the powers conferred upon the authority herein.
History: En. Sec. 9, Ch. 140, L. 1935; re-en. Sec. 5309.9, R.C.M. 1935; amd. Sec. 2, Ch. 68, L. 1953; amd. Sec. 4, Ch. 193, L. 1957; amd. Sec. 1, Ch. 259, L. 1974; R.C.M. 1947, 35-109(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4453. Strict compliance with laws and contracts required

7-15-4453. Strict compliance with laws and contracts required.
The authority and its commissioners shall be under a statutory duty to comply or to cause compliance strictly with all provisions of this part and part 45 and the laws of the state and, in addition thereto, with each and every term, provision, and covenant in any contract of the authority to be kept or performed on its part.
History: En. Sec. 6, Ch. 140, L. 1935; re-en. Sec. 5309.6, R.C.M. 1935; R.C.M. 1947, 35-106.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4454. General powers related to housing programs

7-15-4454. General powers related to housing programs.
An authority shall have power to:
(1) determine where unsafe or unsanitary dwelling or housing conditions exist;
(2) study and make recommendations concerning the plan of any city or municipality located within its boundaries in relation to the problem of clearing, replanning, and reconstruction of areas in which unsafe or unsanitary dwelling or housing conditions exist and the providing of dwelling accommodations for persons of low income and to cooperate with any city, municipal, or regional planning agency;
(3) prepare, carry out, and operate housing projects;
(4) provide for the construction, reconstruction, improvement, alteration, or repair of any housing project or any part thereof;
(5) take over by purchase, lease, or otherwise any housing project located within its boundaries undertaken by any government;
(6) act as agent for the federal government in connection with the acquisition, construction, operation, and/or management of a housing project or any part thereof;
(7) arrange with any city or municipality located in whole or in part within its boundaries or with a government for the furnishing, planning, replanning, installing, opening, or closing of streets, options, or property rights or for the furnishing of property or services in connection with a project;
(8) lease or rent any of the dwelling or other accommodations or any of the lands, buildings, structures, or facilities embraced in any housing project and to establish and revise the rents or charges therefor.
History: En. Sec. 9, Ch. 140, L. 1935; re-en. Sec. 5309.9, R.C.M. 1935; amd. Sec. 2, Ch. 68, L. 1953; amd. Sec. 4, Ch. 193, L. 1957; amd. Sec. 1, Ch. 259, L. 1974; R.C.M. 1947, 35-109(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4455. Housing projects subject to planning, zoning, and building laws

7-15-4455. Housing projects subject to planning, zoning, and building laws.
All housing projects of an authority shall be subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the housing project is situated.
History: En. Sec. 13, Ch. 140, L. 1935; re-en. Sec. 5309.13, R.C.M. 1935; R.C.M. 1947, 35-113.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4456. Low-rent housing for the elderly

7-15-4456. Low-rent housing for the elderly.
(1) For the purpose of increasing the supply of low-rent housing for elderly families, an authority may develop, construct, and operate new housing or acquire, remodel, and operate existing housing in order to provide accommodations designed specifically for such elderly families.
(2) Notwithstanding the provisions of this or any other law, an authority, in respect to dwelling units suitable to the needs of elderly families, may extend a prior preference in occupancy to such elderly families.
History: En. 35-103.1 by Sec. 2, Ch. 193, L. 1957; R.C.M. 1947, 35-103.1(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4457. Federal financial assistance for low-rent housing for the elderly

7-15-4457. Federal financial assistance for low-rent housing for the elderly.
(1) Any application of the authority for federal financial assistance for such housing for elderly families shall first be approved by the council by resolution duly adopted.
(2) An authority may agree to conditions as to tenant eligibility or preference required by the federal government pursuant to federal law in any contract for financial assistance with the authority.
History: En. 35-103.1 by Sec. 2, Ch. 193, L. 1957; R.C.M. 1947, 35-103.1(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4458. Investigatory powers of housing authority

7-15-4458. Investigatory powers of housing authority.
(1) An authority shall have power to:
(a) investigate into living, dwelling, and housing conditions and into the means and methods of improving such conditions;
(b) enter upon any building or property in order to conduct investigations or to make surveys or soundings;
(c) conduct examinations and investigations and hear testimony and take proof under oath at public or private hearings on any matter material for its information;
(d) issue subpoenas requiring the attendance of witnesses or the production of books and papers and issue commissions for the examination of witnesses who are out of the state or unable to attend before the authority or excused from attendance.
(2) Any of the investigations or examinations provided for in this part and part 45 may be conducted by the authority, by a committee appointed by it and consisting of one or more commissioners, by counsel, or by an officer or employee specially authorized by the authority to conduct it. Any commissioner, counsel for the authority, or any person designated by it to conduct an investigation or examination shall have power to administer oaths, take affidavits, and issue subpoenas or commissions.
History: En. Sec. 9, Ch. 140, L. 1935; re-en. Sec. 5309.9, R.C.M. 1935; amd. Sec. 2, Ch. 68, L. 1953; amd. Sec. 4, Ch. 193, L. 1957; amd. Sec. 1, Ch. 259, L. 1974; R.C.M. 1947, 35-109(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4459. Availability of housing authority findings and determinations

7-15-4459. Availability of housing authority findings and determinations.
An authority shall have power to make available to such agencies, boards, or commissions as are charged with the duty of abating or requiring the correction of nuisances or like conditions or of demolishing unsafe or unsanitary structures within its territorial limits, its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety, or welfare.
History: En. Sec. 9, Ch. 140, L. 1935; re-en. Sec. 5309.9, R.C.M. 1935; amd. Sec. 2, Ch. 68, L. 1953; amd. Sec. 4, Ch. 193, L. 1957; amd. Sec. 1, Ch. 259, L. 1974; R.C.M. 1947, 35-109(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4460. Powers of housing authority relating to acquisition and disposition of property

7-15-4460. Powers of housing authority relating to acquisition and disposition of property.
(1) An authority may:
(a) purchase, lease, obtain options upon, or acquire by gift, grant, bequest, devise, or otherwise any real or personal property or any interest in property from any person, firm, corporation, city, municipality, or government;
(b) acquire by eminent domain, as provided in Title 70, chapter 30, any real property, including improvements and fixtures on the real property;
(c) sell, exchange, transfer, assign, or pledge any real or personal property or any interest in property to any person, firm, corporation, municipality, city, or government;
(d) own, hold, clear, and improve property;
(e) insure or provide for the insurance of the property or operations of the authority against risks that the authority considers advisable;
(f) procure insurance or guarantees from the federal government of the payment of any debts or parts of debt secured by mortgages made or held by the authority on any property included in a housing project.
(2) Statutes with respect to the acquisition, operation, or disposition of property by other public bodies are not applicable to an authority unless the legislature specifically declares that the provisions are applicable.
History: En. Sec. 9, Ch. 140, L. 1935; re-en. Sec. 5309.9, R.C.M. 1935; amd. Sec. 2, Ch. 68, L. 1953; amd. Sec. 4, Ch. 193, L. 1957; amd. Sec. 1, Ch. 259, L. 1974; R.C.M. 1947, 35-109(part); amd. Sec. 23, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4461. Acquisition of property by authority for government housing project

7-15-4461. Acquisition of property by authority for government housing project.
The authority may acquire, by purchase or by the exercise of its power of eminent domain as provided in 7-15-4462, any real or personal property for any housing project being constructed or operated by a government. The authority, upon such terms and conditions, with or without consideration, as it shall determine, may convey title or deliver possession of such property so acquired or purchased to such government for use in connection with such housing project.
History: En. Sec. 12, Ch. 140, L. 1935; re-en. Sec. 5309.12, R.C.M. 1935; R.C.M. 1947, 35-112.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4462. Exercise of power of eminent domain

7-15-4462. Exercise of power of eminent domain.
(1) After the adoption by the authority of a resolution declaring that the acquisition of the property described in the resolution is in the public interest and necessary for public use, the authority may acquire by eminent domain any real property, including fixtures and improvements, that it considers necessary to carry out the purposes of part 45 and this part.
(2) The authority shall exercise the power of eminent domain pursuant to the provisions of Title 70, chapter 30.
(3) Property already devoted to a public use may be acquired, provided that:
(a) property belonging to any city or municipality within the boundaries of the authority or belonging to any government may not be acquired without the government's consent; and
(b) property belonging to a public utility corporation may not be acquired without the approval of the commission or other officer or tribunal having regulatory power over the corporation if the utility is subject to regulatory power.
History: En. Sec. 11, Ch. 140, L. 1935; re-en. Sec. 5309.11, R.C.M. 1935; R.C.M. 1947, 35-111; amd. Sec. 24, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4463. Title to property acquired from housing authority subject to agreements with governments

7-15-4463. Title to property acquired from housing authority subject to agreements with governments.
Notwithstanding anything in this part or part 45 to the contrary, any purchaser or purchasers at a sale of real or personal property of the authority, whether pursuant to any foreclosure of a mortgage or pursuant to judicial process or otherwise, shall obtain title subject to any contract between the authority and a government relating to the supervision by a government of the operation and maintenance of such property and the construction of improvements thereon.
History: En. Sec. 22, Ch. 140, L. 1935; re-en. Sec. 5309.22, R.C.M. 1935; R.C.M. 1947, 35-122.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4464. Authorization for payment of rentals in lieu of taxes

7-15-4464. Authorization for payment of rentals in lieu of taxes.
(1) Any housing authority established pursuant to this part and/or the federal government may pay annual sums from rentals in lieu of taxes to any state and/or political subdivision thereof with respect to any real property, including improvements thereon, owned or held by either such housing authority or the federal government.
(2) The amount so paid for any year upon such property shall not exceed the taxes which would be paid to the state and/or subdivision thereof, as the case may be, upon such property if it were not exempt from taxation, with such allowances as may be considered to be appropriate for expenditures by the government for streets, utilities, or other public services to serve such property.
History: En. Sec. 4, Ch. 215, L. 1943; R.C.M. 1947, 35-304.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4465. Payments by housing authorities to local and state bodies

7-15-4465. Payments by housing authorities to local and state bodies.
Notwithstanding any limitations in this or any other law, any housing authority may agree to make such payments to the county, city, or municipality, the state or any political subdivision or agency thereof (which payments such bodies are hereby authorized to accept) as the authority finds consistent with the maintenance of the low-rent character of housing projects or the achievement of the purposes of this housing authorities law.
History: En. Sec. 35-125.1 by Sec. 7, Ch. 193, L. 1957; R.C.M. 1947, 35-125.1.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 44. Municipal Housing Authorities › 7-15-4467. Reports by authority to municipality

7-15-4467. Reports by authority to municipality.
The authority shall, at least once a year, file with the mayor of the city a report of its activities for the preceding year and shall make any recommendations with reference to any additional legislation or other action that may be necessary in order to carry out the purposes of this part and part 45.
History: En. Sec. 26, Ch. 140, L. 1935; re-en. Sec. 5309.26, R.C.M. 1935; R.C.M. 1947, 35-126.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4501. Authorization to issue bonds

7-15-4501. Authorization to issue bonds.
The authority shall have power and is hereby authorized to issue, from time to time in its discretion, for any of its corporate purposes:
(1) bonds on which the principal and interest are payable:
(a) exclusively from the income and revenues of the housing project financed with the proceeds of such bonds or with such proceeds together with the proceeds of a grant from the federal government to aid in financing the construction thereof; or
(b) exclusively from the income and revenues of certain designated housing projects, whether or not they were financed in whole or in part with the proceeds of such bonds; provided, however, that the credit of the authority shall not be pledged to the payment of such bonds, but such bonds shall be payable only (and the bonds shall so state on their face) from the revenues of the designated housing project or projects and the funds received from the sale or disposal thereof and, if the authority so determines, shall be additionally secured by a trust indenture pledging such revenues or, in certain instances as hereinafter provided, by a mortgage of the property comprising such designated housing project or projects and the revenue therefrom;
(2) bonds for the payment of the principal and interest of which the credit of the authority is pledged and which may be additionally secured by a pledge of the revenues of the authority or any part thereof pursuant to a resolution or trust indenture of the authority or, in certain instances as hereinafter provided, may be additionally secured by a mortgage of the property and revenues of the authority or any part thereof.
History: En. Sec. 14, Ch. 140, L. 1935; re-en. Sec. 5309.14, R.C.M. 1935; R.C.M. 1947, 35-114(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4502. Powers related to loans

7-15-4502. Powers related to loans.
An authority shall have power:
(1) to borrow money upon its bonds, notes, debentures, or other evidences of indebtedness and to secure the same by pledges of its revenues and (subject to the limitations hereinafter imposed) by mortgages upon property held or to be held by it or in any other manner;
(2) in connection with any loan, to agree to limitations upon its right to dispose of any housing project or part thereof or to undertake additional housing projects;
(3) in connection with any loan by a government, to agree to limitations upon the exercise of any powers conferred upon the authority by this part and part 44;
(4) to invest any funds held in reserves or sinking funds or any funds not required for immediate disbursement in property or securities in which savings banks may legally invest funds subject to their control.
History: En. Sec. 9, Ch. 140, L. 1935; re-en. Sec. 5309.9, R.C.M. 1935; amd. Sec. 2, Ch. 68, L. 1953; amd. Sec. 4, Ch. 193, L. 1957; amd. Sec. 1, Ch. 259, L. 1974; R.C.M. 1947, 35-109(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4503. Nature of bonded indebtedness

7-15-4503. Nature of bonded indebtedness.
(1) Neither the commissioners of the authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof.
(2) The bonds and other obligations of the authority (and such bonds and obligations shall so state on their face) shall not be a debt of any city or municipality located within its boundaries or of the state, and neither the state nor any such city or municipality shall be liable thereon, nor in any event shall they be payable out of any funds or properties other than those of the authority.
(3) The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory provision of the laws of the state. Bonds may be issued under this part and part 44 notwithstanding any debt or other limitation prescribed by any statute.
History: En. Sec. 14, Ch. 140, L. 1935; re-en. Sec. 5309.14, R.C.M. 1935; R.C.M. 1947, 35-114(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4504. Bonds and other obligations to be fully negotiable

7-15-4504. Bonds and other obligations to be fully negotiable.
Any provision of any law to the contrary notwithstanding, any bonds, interim certificates, or other obligations issued pursuant to this part and part 44 shall be fully negotiable.
History: En. Sec. 15, Ch. 140, L. 1935; re-en. Sec. 5309.15, R.C.M. 1935; amd. Sec. 37, Ch. 234, L. 1971; R.C.M. 1947, 35-115(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4505. Housing authority bonds as legal investments

7-15-4505. Housing authority bonds as legal investments.
(1) The state and all public officers, municipal corporations, political subdivisions, and public bodies; all banks, bankers, trust companies, savings banks and institutions, buildings and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, money, or other funds belonging to them or within their control in any bonds or other obligations issued by a housing authority established pursuant to the housing authorities law of this state or issued by any public housing authority or agency in the United States when such bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States government or any agency thereof.
(2) It is the purpose of this section to authorize any persons, firms, corporations, associations, political subdivisions, bodies, and officers, public or private, to use any funds owned or controlled by them, including but not limited to sinking, insurance, investment, retirement, compensation, pension, and trust funds and funds held on deposit, for the purchase of any such bonds or other obligations.
(3) Nothing contained in this section shall be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities.
(4) Insofar as the provisions of this section are inconsistent with the provisions of any other law, the provisions of this section shall be controlling.
History: En. Secs. 1, 3, Ch. 218, L. 1943; R.C.M. 1947, 35-143(part), 35-144.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4506. Details relating to bonds

7-15-4506. Details relating to bonds.
(1) The bonds of the authority shall be authorized by its resolution and shall be issued in one or more series.
(2) The bonds shall bear such date or dates, mature at such time or times (not exceeding 60 years from their respective dates), bear interest at such rate or rates, be in such denominations (which may be made interchangeable), be in such form (either coupon or registered), carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms of redemption (with or without premium) as such resolution or its trust indenture or mortgage may provide.
(3) In connection with the issuance of bonds and/or the incurring of any obligation under a lease and in order to secure the payment of such bonds and/or obligations, the authority shall have power to:
(a) covenant as to the bonds to be issued pursuant to any resolution, trust indenture, mortgage, or other instrument; as to the issuance of such bonds in escrow or otherwise; and as to the use and disposition of the proceeds thereof;
(b) covenant as to what other or additional debt may be incurred by it;
(c) provide for the terms, form, registration, exchange, execution, and authentication of bonds;
(d) provide for the replacement of lost, destroyed, or mutilated bonds;
(e) covenant against extending the time for the payment of its bonds or interest thereon, directly or indirectly, by any means or in any manner.
History: (1), (2)En. Sec. 15, Ch. 140, L. 1935; re-en. Sec. 5309.15, R.C.M. 1935; amd. Sec. 37, Ch. 234, L. 1971; Sec. 35-115, R.C.M. 1947; (3)En. Sec. 16, Ch. 140, L. 1935; re-en. Sec. 5309.16, R.C.M. 1935; Sec. 35-116, R.C.M. 1947; R.C.M. 1947, 35-115(part), 35-116(part).