reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 10. Special Districts -- Creation and Governance › 7-11-1007. Public hearing -- resolution of intention to create special district

7-11-1007. Public hearing -- resolution of intention to create special district.
(1) The governing body shall hold at least one public hearing concerning the creation of a proposed special district prior to the passage of a resolution of intention to create the special district. A resolution of intention to create a special district may be based upon a decision of the governing body as provided in 7-11-1003(1)(a) or upon a petition that contains the required number of signatures as provided in 7-11-1003(1)(b).
(2) The resolution must designate, consistent with the requirements of 7-11-1009 and 7-11-1024:
(a) the proposed name of the special district;
(b) the necessity for the proposed special district;
(c) a general description of the territory or lands to be included within the proposed special district, giving the boundaries of the proposed special district;
(d) the general character of any proposed improvements and the proposed location for the proposed program or improvements;
(e) the maximum rate or amount of the initial proposed assessments or fees that would be imposed;
(f) the method of financing the proposed program or improvements;
(g) any requirements specifically applicable to the type of special district;
(h) whether the proposed special district would be administered by the governing body or an appointed or elected board; and
(i) the duration of the proposed special district.
(3) (a) The governing body shall publish notice of passage of the resolution of intention to create a special district as provided in 7-1-2121 and 7-1-2122 or 7-1-4127 and 7-1-4129, as applicable. The notice must contain a notice of a hearing and the time and place where the hearing will be held.
(b) At the same time that notice is published pursuant to subsection (3)(a), the governing body shall provide a list of those properties subject to potential assessment, fees, or taxation under the creation of the proposed special district. The list may not be distributed or sold for use as a distribution list in accordance with 2-6-1017.
(c) A copy of the notice described in subsection (3)(a) must be mailed to each owner or purchaser under contract for deed of the property included on the list referred to in subsection (3)(b) as shown by the current property tax record maintained by the department of revenue for the county.
History: En. Sec. 5, Ch. 286, L. 2009; amd. Sec. 3, Ch. 171, L. 2013; amd. Sec. 37, Ch. 348, L. 2015; amd. Sec. 3, Ch. 500, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 10. Special Districts -- Creation and Governance › 7-11-1010. Combination of elections -- term of board members if election combined

7-11-1010. Combination of elections -- term of board members if election combined.
(1) (a) If the governing body orders a referendum on the creation of a proposed special district and the special district would be administered by an elected board, the governing body may combine the referendum on the formation of the district with the election of the members of the board so that the qualified electors of the district may vote on these matters on the same date and at the same time.
(b) If the elections are combined, the notice of the election must contain the names of the candidates. Candidates for the board must file a declaration of candidacy with the election administrator within the time period specified in 13-1-502. The election administrator shall endorse on the declaration the date on which it was presented.
(2) If the governing body orders a combined election pursuant to subsection (1) and unless otherwise provided by resolution by the governing body pursuant to 7-1-201:
(a) a board member elected pursuant to this section shall hold office until the election and qualification or the appointment and qualification of the member's successor.
(b) Except as provided in subsection (2)(c), a board member has a term of office of 4 years.
(c) (i) In a special district requiring the election of five directors, three of the initial directors shall serve for a term of 2 years and two of the initial directors shall serve for a term of 4 years.
(ii) In a special district requiring the election of three directors, one initial director shall serve for a term of 2 years and two initial directors shall serve for a term of 4 years.
(iii) At the first meeting following an initial election of board members, the board shall determine by lot who shall serve a 2-year term.
History: En. Sec. 1, Ch. 307, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 10. Special Districts -- Creation and Governance › 7-11-1011. Referendum -- conduct of election on creating special district

7-11-1011. Referendum -- conduct of election on creating special district.
(1) The governing body may order a referendum on the creation of the proposed special district.
(2) The resolution ordering the referendum must state, consistent with the requirements of 7-11-1007, 7-11-1009, and 7-11-1024:
(a) the maximum rate or amount of the initial proposed assessments or fees that would be imposed;
(b) the type of activities proposed to be financed, including a general description of the program or improvements;
(c) a description of the areas included in the proposed special district;
(d) whether the proposed special district would be administered by the governing body or an appointed or elected board;
(e) the method of financing the proposed program or improvements; and
(f) the duration of the proposed special district.
(3) The election must be conducted in accordance with Title 13, chapter 1, part 5.
(4) The proposition to be submitted to the electorate must read: "Shall the proposition to organize (name of proposed special district) be adopted?"
(5) An individual is entitled to vote on the proposition if the individual:
(a) is a registered elector of the state; and
(b) is a resident of or owner of taxable real property in the area subject to the proposed special district.
(6) If the proposition is approved, the election administrator of each county shall:
(a) immediately file with the secretary of state a certificate stating that the proposition was adopted;
(b) record the certificate in the office of the clerk and recorder of the county or counties in which the special district is situated; and
(c) notify any municipalities lying within the boundaries of the special district.
History: En. Sec. 7, Ch. 286, L. 2009; amd. Sec. 5, Ch. 171, L. 2013; amd. Sec. 115, Ch. 49, L. 2015; amd. Sec. 4, Ch. 500, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 10. Special Districts -- Creation and Governance › 7-11-1012. Certificate of establishment

7-11-1012. Certificate of establishment.
(1) On receipt of the certificate referred to in 7-11-1011(6), the secretary of state shall, within 10 days, issue a certificate reciting that the specified district has been established according to the laws of the state of Montana. A copy of the certificate must be transmitted to and filed with the clerk and recorder of the county or counties in which the district is situated.
(2) When the certificate is issued by the secretary of state, the district named in the certificate is established with all the rights, privileges, and powers set forth in 7-11-1021.
History: En. Sec. 8, Ch. 286, L. 2009; amd. Sec. 116, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 10. Special Districts -- Creation and Governance › 7-11-1013. Order creating district -- power to implement program

7-11-1013. Order creating district -- power to implement program.
(1) The governing body shall create a special district and establish assessments or fees if the governing body finds that insufficient protests have been made in accordance with 7-11-1008 or if the eligible registered voters have approved a referendum as provided in 7-11-1011.
(2) To create a special district, the governing body shall issue an order or pass an ordinance or resolution in accordance with the resolution of intention introduced and passed by the governing body or in accordance with the terms of the referendum required under 7-11-1011. This must be done within 30 days of the end of the protest period or approval of the referendum.
(3) If the governing body creates the special district of its own accord and without a referendum being held, a copy of the order, ordinance, or resolution creating the district, certified by the clerk of the governing body, must be delivered to the clerk and recorder of the county or counties in which the special district is situated and to the secretary of state, who shall issue a certificate of establishment in accordance with 7-11-1012.
History: En. Sec. 9, Ch. 286, L. 2009; amd. Sec. 6, Ch. 171, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 10. Special Districts -- Creation and Governance › 7-11-1014. Additional reporting procedures -- coordination of information collection, transfer, and accessibility

7-11-1014. Additional reporting procedures -- coordination of information collection, transfer, and accessibility.
(1) Within 60 days after the creation of a special district or by January 1 of the effective tax year, whichever occurs first, the governing body shall provide to the department of revenue a:
(a) legal description of the special district;
(b) map of its boundaries;
(c) list of the property taxpayers or owners of real property within the special district's boundaries; and
(d) copy of the resolution establishing the special district, including any adopted method of assessment.
(2) The department of revenue shall review the information provided in accordance with subsection (1) and work with the governing body to identify and correct any discrepancies before the information is recorded by the department.
(3) If the governing body intends to submit any digital information to the department of revenue for the purposes of subsection (4)(b), the governing body shall notify the department of revenue as to the expected date of submission and submit the digital information in a manner prescribed by the department of revenue in consultation with the state library.
(4) The state library, in coordination with the department of revenue, governing bodies, and other appropriate entities, may develop standards, best practices, and procedures for:
(a) collecting and transferring between agencies any digital information submitted by a governing body for purposes of subsection (4)(b); and
(b) creating digital information to map special districts for land information purposes authorized in Title 90, chapter 1, part 4, that can be accessed through the website of the state library.
History: En. Sec. 10, Ch. 286, L. 2009; amd. Sec. 1, Ch. 175, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 10. Special Districts -- Creation and Governance › 7-11-1015. Limitations on lawsuits

7-11-1015. Limitations on lawsuits.
(1) A finding of the governing body in favor of the genuineness and sufficiency of the petition or election is final and conclusive against all persons except the state of Montana upon suit brought by the attorney general.
(2) A lawsuit filed by the attorney general must be filed by the earlier of:
(a) 1 year after the order, ordinance, or resolution creating the special district is approved by the governing body; or
(b) the issuance of bonds to implement the program or improvements approved for the special district.
History: En. Sec. 11, Ch. 286, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 10. Special Districts -- Creation and Governance › 7-11-1022. Multiple jurisdictions

7-11-1022. Multiple jurisdictions.
(1) A special district created by a combination of local governments acting together must be administered according to an interlocal agreement. The interlocal agreement may determine whether the administrative body of the special district consists of the entire membership of all governing bodies from the participating jurisdictions or representatives of each governing body or jurisdiction.
(2) A special district created by a combination of local governments acting together may enlarge an existing service district, but may not supersede or void an existing contract, district, or interlocal agreement under which the same service is currently provided to residents of one or more of the participating jurisdictions. The local governments acting together may agree to alter an existing contract, district, or interlocal agreement as necessary.
(3) The local governments shall proportionally share the ownership of real or personal property acquired by the district pursuant to their interlocal agreement.
History: En. Sec. 13, Ch. 286, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 10. Special Districts -- Creation and Governance › 7-11-1023. Alteration of special districts

7-11-1023. Alteration of special districts.
(1) Subject to subsections (2) and (3), the governing body may change the boundaries of any special district by resolution.
(2) The boundaries may be altered by petition after complying with the requirements for petitions as provided in 7-11-1003.
(3) Alteration of special district boundaries is also subject to procedures for public notice, protest, referendum, certification, reporting, and establishment of assessment as provided in 7-11-1006 through 7-11-1008, 7-11-1011 through 7-11-1015, and 7-11-1024.
(4) Changes made to the boundaries may not:
(a) occur more than once each year unless the governing body makes a special finding that an alteration is necessary;
(b) delete any portion of the area if the deletion will create an island of included or excluded lands;
(c) delete any portion of the area that is negatively contributing or may reasonably be expected to negatively contribute to environmental impacts that fall within the scope of the special district's program; and
(d) affect indebtedness existing at the time of the change.
History: En. Sec. 14, Ch. 286, L. 2009; amd. Sec. 8, Ch. 171, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 10. Special Districts -- Creation and Governance › 7-11-1025. Notice of resolution for assessment -- assessment

7-11-1025. Notice of resolution for assessment -- assessment.
(1) The governing body shall estimate, as near as practicable, the cost of each established special district annually by the later of the first Thursday after the first Tuesday in September or within 30 calendar days after receiving certified taxable values from the department of revenue.
(2) (a) The governing body shall pass and finally adopt a resolution specifying the special district assessment option and levying and assessing all the property within the special district with an amount equal to the annual cost of the program and improvements as provided in 7-6-4012 and 7-6-4013.
(b) If the entity chosen to administer the special district is the governing body, the governing body may not charge more than 15% of the annual fees or assessments collected to administer the special district.
(3) The resolution levying the assessment to defray the cost of the special district must contain or refer to a list that describes the lot or parcel of land assessed with the name of the owner of the lot or parcel, if known, and the amount assessed.
(4) The resolution must be kept on file in the office of the clerk of the governing body.
(5) A notice, signed by the clerk of the governing body, stating that the resolution levying a special assessment or changing the method of assessment to defray the cost of the special district is on file in the clerk's office and subject to inspection must be published as provided in 7-1-2121 or 7-1-4127. The notice must state the time and place at which objections to the final adoption of the resolution will be heard by the governing body and must contain a statement setting out the method of assessment being proposed for adoption or the change in assessment being proposed for adoption. The time for the hearing must be at least 5 days after the final publication of the notice.
(6) The notice and hearing process may be included in the local government's general budgeting process as provided in Title 7, chapter 6, part 40.
(7) At the time set, the governing body shall meet and hear all objections that may be made to the assessment or any part of the assessment, may adjourn from time to time for that purpose, and may by resolution modify the assessment.
(8) A copy of the resolution, certified by the clerk of the governing body, must be delivered to the department of revenue by the later of the first Thursday after the first Tuesday in September or within 30 calendar days after receiving certified taxable values from the department of revenue.
History: En. Sec. 16, Ch. 286, L. 2009; amd. Sec. 4, Ch. 62, L. 2013; amd. Sec. 9, Ch. 171, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 10. Special Districts -- Creation and Governance › 7-11-1026. Collection of special district assessments

7-11-1026. Collection of special district assessments.
(1) When a resolution of assessment has been certified by the clerk of the local government, the county treasurer, the city treasurer, or the town clerk, as provided in 7-12-4182, shall collect the assessment in the same manner and at the same time as property taxes for general purposes are collected.
(2) All money received by the special district, including interest and earnings accrued, must be deposited in an account held only for the special district by the office of the county treasurer, city treasurer, or town clerk.
History: En. Sec. 17, Ch. 286, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 10. Special Districts -- Creation and Governance › 7-11-1028. Assessments as liens

7-11-1028. Assessments as liens.
(1) An assessment made and levied to defray the cost and expenses of the program or improvements, together with any percentages imposed for delinquency and for cost of collection, constitutes a lien upon the property on which the assessment is made and levied from the date of the passage of the resolution levying the assessment. This lien may be extinguished only by payment of the assessment, with all penalties, costs, and interest, or by sale of the property as provided in subsection (2).
(2) When the payment of an installment of an assessment becomes delinquent, all payments of subsequent installments of the assessment may, at the option of the governing body and upon adoption of the appropriate resolutions, become delinquent. Upon delinquency in one or all installments, the whole property must be sold in the same manner as other property is sold for taxes. The enforcement of the lien of any installment of a special assessment by any method authorized by law does not prevent the enforcement of the lien of any subsequent installment when it becomes delinquent.
History: En. Sec. 19, Ch. 286, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 10. Special Districts -- Creation and Governance › 7-11-1030. Minutes

7-11-1030. Minutes.
The board or governing body administering and operating the special district as provided by 7-11-1021 shall submit the minutes of its proceedings for electronic storage as provided in 7-1-204 unless:
(1) the special district is operated by the governing body of a municipality; and
(2) the governing body has designated an alternative place for the minutes to be recorded or maintained.
History: En. Sec. 13, Ch. 262, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 10. Special Districts -- Creation and Governance › 7-11-1035. Energy performance contracts exempt

7-11-1035. Energy performance contracts exempt.
This part does not apply to solicitation and award of an investment-grade energy audit or energy performance contract pursuant to Title 90, chapter 4, part 11, or to the construction or installation of conservation measures pursuant to the energy performance contract.
History: En. Sec. 6, Ch. 344, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 11. Multijurisdictional Service Districts › 7-11-1101. Repealed

7-11-1101. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 1, Ch. 425, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 11. Multijurisdictional Service Districts › 7-11-1102. Services that may be provided

7-11-1102. Services that may be provided.
(1) A multijurisdictional service district may provide only those services that are authorized to be provided by local governments.
(2) The services that a multijurisdictional service district may provide are:
(a) recreation programs other than park and recreation programs in a county park district established under Title 7, chapter 11, part 10;
(b) road, street, and highway maintenance;
(c) libraries;
(d) jails;
(e) dog control programs;
(f) ambulance service;
(g) dispatch service;
(h) protection of human health and the environment, including scenic concerns and recreational activities for areas requiring or involving environmental reclamation;
(i) health services and health department functions; and
(j) maintenance or provision of any public infrastructure facility, project, or service.
History: En. Sec. 2, Ch. 425, L. 1985; amd. Sec. 8, Ch. 425, L. 1985; amd. Sec. 1, Ch. 193, L. 1991; amd. Sec. 1, Ch. 116, L. 1993; amd. Sec. 1, Ch. 114, L. 1997; amd. Sec. 8, Ch. 459, L. 1997; amd. Sec. 3, Ch. 86, L. 1999; amd. Sec. 26, Ch. 286, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 11. Multijurisdictional Service Districts › 7-11-1105. Repealed

7-11-1105. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 5, Ch. 425, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 11. Multijurisdictional Service Districts › 7-11-1106. Repealed

7-11-1106. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 6, Ch. 425, L. 1985; amd. Sec. 30, Ch. 584, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 11. Multijurisdictional Service Districts › 7-11-1107. Repealed

7-11-1107. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 7, Ch. 425, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 11. Multijurisdictional Service Districts › 7-11-1111. Repealed

7-11-1111. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 3, Ch. 425, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 11. Multijurisdictional Service Districts › 7-11-1112. Financing

7-11-1112. Financing.
(1) Subject to 15-10-420, local governments organizing a multijurisdictional service district are authorized to levy property taxes in an amount not to exceed that authorized for the district in accordance with 7-11-1007 and to appropriate funds derived from other than general tax revenue for the operation of the district. Subject to 15-10-420, property taxes levied for a library established under this part as a multijurisdictional service must be added to taxes levied under 22-1-304.
(2) A property tax levied for the purpose of financing the district may, for all agricultural property having an area greater than 10 acres, be levied only on the principal residential dwelling, if any, on the property.
History: En. Sec. 4, Ch. 425, L. 1985; amd. Sec. 31, Ch. 584, L. 1999; amd. Sec. 27, Ch. 286, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 11. Business Improvement Districts › 7-12-1102. Purpose

7-12-1102. Purpose.
The purpose of this part is to provide for the creation of business improvement districts having one or more of the purposes and powers provided in this part that will:
(1) serve a public use;
(2) promote the health, safety, prosperity, security, and general welfare of the inhabitants of the district and of the people of this state;
(3) be of special benefit to the property within the boundaries of any district created pursuant to the provisions of this part; or
(4) aid in tourism, promotion, and marketing within the district.
History: En. Sec. 2, Ch. 656, L. 1985; amd. Sec. 1, Ch. 253, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 11. Business Improvement Districts › 7-12-1103. Definitions

7-12-1103. Definitions.
As used in this part, the following definitions apply:
(1) "Appointing authority" means the mayor in the case of a municipality, the board of county commissioners in the case of a county, or the chief executive of a consolidated city-county government.
(2) "Board" means the board of trustees created in 7-12-1121.
(3) "Business" means all types of business, including professions.
(4) "District" means a business improvement district created under this part.
(5) "Governing body" means the legislative body of a local government.
(6) "Local government" means a municipality, a county, or a consolidated city-county government.
(7) "Owner" means a person in whom appears the legal title to real property by deed recorded in the county records or a person in possession of real property under claim of ownership for the person or as the personal representative, agent, or guardian of the owner.
History: En. Sec. 3, Ch. 656, L. 1985; amd. Sec. 17, Ch. 370, L. 1987; amd. Sec. 527, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 11. Business Improvement Districts › 7-12-1111. Establishment or expansion of district

7-12-1111. Establishment or expansion of district.
(1) Upon receipt of a petition signed by the owners of more than 60% of the area of the property proposed in the petition to be included in a district or in the expansion of a district, a governing body shall establish a district or expand a district as provided in this part.
(2) The boundaries of a district must comply with applicable zoning regulations.
(3) The district may not include areas that are zoned primarily as residential areas.
(4) (a) A district may be composed of noncontiguous areas if the properties in a district have a common purpose of providing overnight stays at lodging facilities.
(b) The boundaries of a district with noncontiguous areas must encompass all properties in the district with the same identified purpose.
History: En. Sec. 4, Ch. 656, L. 1985; amd. Sec. 1, Ch. 79, L. 1991; amd. Sec. 2, Ch. 253, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 11. Business Improvement Districts › 7-12-1112. Resolution of intention to create or expand district -- notice

7-12-1112. Resolution of intention to create or expand district -- notice.
(1) Before creating or expanding a district, the governing body shall pass a resolution of intention to do so, designating the boundaries of the district.
(2) Notice of passage of the resolution must be published as provided in 7-1-2121. A copy of the notice must be mailed to every owner of real property within the proposed district or within the proposed area of expansion listed on the last-completed assessment roll for state, county, and school district taxes, at the owner's last-known address, on the same day the notice is first published or posted.
(3) The notice must describe the general purpose of the district or the general reason for the expansion and designate the time when and the place where the governing body will hear and pass upon all protests that may be made against the creation of the district or the expansion of the existing district. The notice must refer to the resolution on file with the governing body or clerk, if any, for the description of the boundaries.
(4) The resolution to expand a district deals only with the question of the expanded area, and the existing district does not have to be reestablished.
History: En. Sec. 5, Ch. 656, L. 1985; amd. Sec. 2, Ch. 79, L. 1991; amd. Sec. 20, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 11. Business Improvement Districts › 7-12-1113. Protest against proposed district

7-12-1113. Protest against proposed district.
(1) Any owner of property liable to be assessed may make written protest against the extent or creation of the district to be assessed, or both.
(2) The protest must be in writing and must be delivered to the governing body or its clerk, if any, not later than 5 p.m. of the last day within 15 days after the date of the first publication of the notice of the resolution of intention. The date and hour of receipt of the protest shall be endorsed thereon.
History: En. Sec. 6, Ch. 656, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 11. Business Improvement Districts › 7-12-1114. Hearing on protest -- sufficient protest to bar proceedings

7-12-1114. Hearing on protest -- sufficient protest to bar proceedings.
(1) At a regular meeting of the governing body after the expiration of the time within which protest may be made, the governing body shall proceed to hear and pass upon all protests. Its decision shall be final and conclusive.
(2) The governing body may adjourn the hearing from time to time. A protestant shall have the right to withdraw a protest at any time before final action thereon by the council or commission.
(3) No further action shall be taken upon the proposed district or proposed expansion of an existing district for 1 year if a written protest against passage of the proposed ordinance is filed by:
(a) owners of property within the proposed district or area of a proposed expansion having a taxable valuation, when aggregated, representing not less than 50% of the total taxable valuation of property within the district or within the area of a proposed expansion;
(b) not less than 50% of the owners of property within the district or area of a proposed expansion; or
(c) owners of property within the proposed district or area of a proposed expansion having projected assessments, when aggregated, representing not less than 50% of the total projected assessments for property within the district or within the area of a proposed expansion.
History: En. Sec. 7, Ch. 656, L. 1985; amd. Sec. 3, Ch. 79, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 11. Business Improvement Districts › 7-12-1115. Resolution creating or expanding district

7-12-1115. Resolution creating or expanding district.
When no protests have been delivered to the governing body within 15 days after the date of the first publication of the notice of the passing of the resolution of intention, when a protest shall have been found by the governing body to be insufficient or has been overruled, or when a protest against the extent of the proposed district or proposed expansion of a district has been heard and denied, the governing body has jurisdiction to order the creation or expansion of the district and shall pass a resolution creating or expanding the district in accordance with the resolution of intention.
History: En. Sec. 8, Ch. 656, L. 1985; amd. Sec. 4, Ch. 79, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 11. Business Improvement Districts › 7-12-1121. Board of trustees -- appointment -- number -- term of office

7-12-1121. Board of trustees -- appointment -- number -- term of office.
(1) When the governing body of a local government adopts an ordinance creating a business improvement district, the appointing authority, with the approval of the governing body, shall appoint not less than five or more than seven owners of property within the district or their assignees to compose the board of trustees of the district. The director for a business improvement district created for the purpose of 7-12-1102(4) must be the executive director of a nonprofit convention and visitors bureau, as defined in 15-65-101, if a nonprofit convention and visitors bureau is operating within the governing body's jurisdiction.
(2) The number of members of the board, once established, may be changed within these limits from time to time by subsequent resolutions of the governing body of the local government. A resolution to reduce board membership may not require resignation of any member prior to completion of the member's appointed term.
(3) Three of the members who are first appointed must be designated to serve for terms of 1, 2, and 3 years, respectively, from the date of their appointments, and two must be designated to serve for terms of 4 years from the date of their appointments. For a seven-member commission, there must be two additional appointments for terms of 2 years and 3 years, respectively.
(4) After initial appointment, members must be appointed for a term of office of 4 years, except that a vacancy occurring during a term must be filled for the unexpired term. A member holds office until a successor has been appointed and qualified.
History: En. Secs. 9, 10, Ch. 656, L. 1985; amd. Sec. 528, Ch. 61, L. 2007; amd. Sec. 3, Ch. 253, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 11. Business Improvement Districts › 7-12-1122. Organization of board of trustees -- no compensation

7-12-1122. Organization of board of trustees -- no compensation.
(1) The appointing authority shall designate which member of the board is to be the first presiding officer. When the office of presiding officer of the board becomes vacant, the board shall elect a presiding officer from among its members. The term of office as presiding officer of the board, unless otherwise prescribed by the governing body, must be for 1 calendar year or for that portion of a year remaining after each presiding officer is designated or elected.
(2) Members may not receive compensation.
History: En. Sec. 12, Ch. 656, L. 1985; amd. Sec. 529, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 11. Business Improvement Districts › 7-12-1123. Removal of board member

7-12-1123. Removal of board member.
A member of a board of trustees may be removed by the appointing authority with the consent of the governing body.
History: En. Sec. 11, Ch. 656, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 11. Business Improvement Districts › 7-12-1131. Powers of board in administering district

7-12-1131. Powers of board in administering district.
The board in administering a district has all powers necessary to carry out the functions of the district contained in the ordinance creating it, including the power to:
(1) sue and be sued, enter into contracts, and hire and terminate personnel needed for its purposes;
(2) provide special police, maintenance, or cleaning personnel for the protection and enjoyment of the general public using the business district;
(3) landscape and beautify public areas and to maintain those areas;
(4) contract with the governing body to maintain, operate, or repair public parking facilities;
(5) contract with the governing body to maintain streets, alleys, malls, bridges, ramps, tunnels, landscaping, and other public facilities as mutually agreed upon;
(6) promote private investment and business expansion in the district;
(7) provide for the management and administration of the affairs of the district;
(8) promote business activity by advertising, decorating, marketing, and promoting and managing events and other actions designed for the general promotion of business activities in the district; and
(9) perform such other functions as are necessary to carry out the purposes of this part and to further the objectives of the district.
History: En. Sec. 13, Ch. 656, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 11. Business Improvement Districts › 7-12-1132. Annual budget and work plan -- approval -- procedure -- tax

7-12-1132. Annual budget and work plan -- approval -- procedure -- tax.
(1) At a time determined by the governing body, the board shall submit to the governing body for approval a work plan and budget for the ensuing fiscal year.
(2) A board created for the purpose of 7-12-1102(4) in a municipality or county where a nonprofit convention and visitors bureau, as defined in 15-65-101, is operating shall consult with the nonprofit convention and visitors bureau in developing a work plan and budget for the ensuing fiscal year.
(3) Following public notice that a work plan and budget have been submitted and that the governing body will levy an assessment to defray the cost of the work plan and budget, the governing body shall hold a public hearing on objections to the work plan and budget. After the hearing, the governing body may modify the work plan and budget as it considers necessary and appropriate.
(4) After approval of the work plan and budget and to defray the cost of the work plan and budget for the next fiscal year, the governing body shall by resolution levy an assessment upon all of the property in the district using as a basis one of the methods prescribed in 7-12-1133.
(5) A copy of the resolution must be delivered to the treasurer of the local government to be placed on the tax roll and collected in the same manner as other taxes.
History: En. Sec. 14, Ch. 656, L. 1985; amd. Sec. 4, Ch. 253, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 11. Business Improvement Districts › 7-12-1141. Duration of district

7-12-1141. Duration of district.
The period of duration of a business improvement district is for the period specified in the resolution of the governing body creating the district but shall not be for a period longer than 10 years unless the duration of the district is extended in compliance with the provisions of this part for the creation of a district.
History: En. Sec. 16, Ch. 656, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 11. Business Improvement Districts › 7-12-1142. Governing body not to decrease public services

7-12-1142. Governing body not to decrease public services.
The governing body may not decrease the level of public services in the district existing prior to the creation of the district unless the services at the same time are decreased throughout the jurisdictional area of the governing body, nor may it transfer the financial burden of providing those services to the district. The governing body may not discriminate in the provision of publicly funded services between areas included in such district and areas not so included.
History: En. Sec. 17, Ch. 656, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 11. Business Improvement Districts › 7-12-1143. Liability insurance required

7-12-1143. Liability insurance required.
The governing body may not approve the annual budget or the work plan submitted to it by the board unless the annual budget and the work plan provide for liability insurance coverage insuring the district, the board, and the local government against legal liability for personal injury and property damage in an amount determined sufficient for that purpose by the governing body.
History: En. Sec. 18, Ch. 656, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 11. Business Improvement Districts › 7-12-1144. Obligations of district not obligations of local government

7-12-1144. Obligations of district not obligations of local government.
An obligation or debt of any nature of a district is not an obligation or debt of the local government that established the district, and in no event is a debt or obligation of a district payable out of any funds or properties of the local government. The debts and obligations of a district are payable solely from the funds and properties of the district.
History: En. Sec. 19, Ch. 656, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 11. Business Improvement Districts › 7-12-1151. Water user entities exempt from special assessments

7-12-1151. Water user entities exempt from special assessments.
Rights-of-way, ditches, flumes, pipelines, dams, water rights, reservoirs, equipment, machinery, motor vehicles, and other personal property owned by a nonprofit water company, water users' association, irrigation company, canal company, ditch company, reservoir company, or similar nonprofit water user entity are exempt from every special assessment imposed by any improvement or maintenance district created under Title 7, chapter 12.
History: En. Sec. 1, Ch. 276, L. 1987.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 21. Rural Improvement Districts › 7-12-2103. Resolution of intention to create rural improvement district

7-12-2103. Resolution of intention to create rural improvement district.
(1) Before creating a special improvement district for the purpose of making any of the improvements or acquiring any private property for any purpose authorized by this part, the board of county commissioners shall pass a resolution of intention.
(2) The resolution must:
(a) designate the number of the district;
(b) describe the boundaries of the district;
(c) state in the resolution the general character of the improvements that are to be made;
(d) designate the name of the engineer who is to have charge of the work and an approximate estimate of the cost of the work;
(e) specify the method or methods by which the costs of the improvements will be assessed against property in the district; and
(f) if the method of assessment is that described in 7-12-2151(1)(d), specify that if an increase occurs in the number of benefited lots, tracts, or parcels within the boundaries of the district during the term of the bonded indebtedness, the assessment per lot, tract, or parcel then in the district will be recalculated as provided in 7-12-2151(4).
(3) The board of county commissioners may include, in one proceeding under one resolution of intention and in one contract, any of the different kinds of improvements or work provided for in this part and may include any number of streets and rights-of-way or portions of streets and rights-of-way, and it may exempt any of the work already done upon a street to the official grade.
History: En. Ch. 123, L. 1915; superseded by Ch. 156, L. 1917; amd. Ch. 67, L. 1919; superseded by Sec. 2, Ch. 147, L. 1921; re-en. Sec. 4575, R.C.M. 1921; re-en. Sec. 4575, R.C.M. 1935; amd. Sec. 2, Ch. 134, L. 1961; amd. Sec. 1, Ch. 252, L. 1969; R.C.M. 1947, 16-1602(part); amd. Sec. 3, Ch. 665, L. 1985; (3)En. Sec. 6, Ch. 665, L. 1985; amd. Sec. 1, Ch. 488, L. 2005; amd. Sec. 1, Ch. 342, L. 2009; amd. Sec. 1, Ch. 293, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 21. Rural Improvement Districts › 7-12-2104. Sufficiency of description in resolution of intention

7-12-2104. Sufficiency of description in resolution of intention.
In all resolutions, notices, orders, and determinations subsequent to the resolution of intention and notice of improvements, it shall be sufficient to briefly describe the work or the assessment district or both and to refer to the resolution of intention for further particulars.
History: En. Ch. 123, L. 1915; superseded by Ch. 156, L. 1917; amd. Ch. 67, L. 1919; superseded by Sec. 6, Ch. 147, L. 1921; re-en. Sec. 4579, R.C.M. 1921; re-en. Sec. 4579, R.C.M. 1935; R.C.M. 1947, 16-1606.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 21. Rural Improvement Districts › 7-12-2105. Notice of resolution of intention to create district -- hearing -- exception

7-12-2105. Notice of resolution of intention to create district -- hearing -- exception.
(1) Upon passage of a resolution of intention pursuant to 7-12-2103, the board of county commissioners shall publish notice of the passage as provided in 7-1-2121.
(2) A copy of the notice must be mailed, as provided in 7-1-2122, to each person, firm, or corporation or the agent of the person, firm, or corporation owning real property within the proposed district listed in the owner's name upon the last-completed assessment roll for state, county, and school district taxes.
(3) (a) The notice must describe the general character of the improvements proposed to be made or acquired by purchase, state the estimated cost of the improvements, describe generally the method or methods by which the costs of the improvements will be assessed, and designate the time when and the place where the board will hear and pass upon all protests that may be made against the making or maintenance of the improvements or the creation of the district. If the method of assessment described in 7-12-2151(1)(d) is used, the notice must state that if an increase occurs in the number of benefited lots, tracts, or parcels within the boundaries of the district during the term of the bonded indebtedness, the assessment per lot, tract, or parcel then in the district will be recalculated as provided in 7-12-2151(4).
(b) If the revolving fund is to be pledged to secure the payment of bonds and warrants, the notice must include a statement that, subject to the limitations in 7-12-2182:
(i) the county general fund may be used to provide loans to the revolving fund; or
(ii) a general tax levy may be imposed on all taxable property in the county to meet the financial requirements of the revolving fund.
(c) The notice must refer to the resolution on file in the office of the county clerk for the description of the boundaries. If the proposal is for the purchase of an existing improvement, the notice must state the exact purchase price of the existing improvement.
(4) The provisions of this section do not apply to a resolution of intention to create a district that is passed upon receipt of a petition as provided in 7-12-2102(2)(a).
History: En. Ch. 123, L. 1915; superseded by Ch. 156, L. 1917; amd. Ch. 67, L. 1919; superseded by Sec. 2, Ch. 147, L. 1921; re-en. Sec. 4575, R.C.M. 1921; re-en. Sec. 4575, R.C.M. 1935; amd. Sec. 2, Ch. 134, L. 1961; amd. Sec. 1, Ch. 252, L. 1969; R.C.M. 1947, 16-1602(part); amd. Sec. 16, Ch. 349, L. 1985; amd. Sec. 4, Ch. 665, L. 1985; amd. Sec. 1, Ch. 229, L. 1995; amd. Sec. 2, Ch. 488, L. 2005; amd. Sec. 2, Ch. 529, L. 2005; amd. Sec. 2, Ch. 342, L. 2009; amd. Sec. 2, Ch. 293, L. 2011; amd. Sec. 2, Ch. 140, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 21. Rural Improvement Districts › 7-12-2106. Repealed

7-12-2106. Repealed.
Sec. 70, Ch. 354, L. 2001.
History: En. Ch. 123, L. 1915; superseded by Ch. 156, L. 1917; amd. Ch. 67, L. 1919; superseded by Sec. 26, Ch. 147, L. 1921; re-en. Sec. 4599, R.C.M. 1921; re-en. Sec. 4599, R.C.M. 1935; amd. Sec. 4, Ch. 134, L. 1961; R.C.M. 1947, 16-1626(4); amd. Sec. 1, Ch. 251, L. 1979.