reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 2. Project -- Funding › 7-10-220. Sale of bonds

7-10-220. Sale of bonds.
(1) Bonds authorized to be issued under this part may be sold at a public or private sale as determined by the governing body of the regional resource authority pursuant to 17-5-107 at a price not less than that prescribed by the governing body of the regional resource authority, plus interest to the date of delivery of the bonds.
(2) Unless sold at a private sale, the bonds must be sold at public sale after notice of the sale.
History: En. Sec. 21, Ch. 351, L. 2009; amd. Sec. 14, Ch. 253, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 2. Project -- Funding › 7-10-221. Notice of sale of bonds

7-10-221. Notice of sale of bonds.
The notice of sale of bonds required by 7-10-220(2) for bonds sold publicly must be published once at least 5 days prior to the sale in a newspaper of general circulation in the state, and the regional resource authority may publish the notice or summary of the notice in a financial newspaper published in the city of New York, Chicago, or San Francisco.
History: En. Sec. 22, Ch. 351, L. 2009; amd. Sec. 15, Ch. 253, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 2. Project -- Funding › 7-10-222. Interim receipts or certificates

7-10-222. Interim receipts or certificates.
Pending the preparation of the definitive bonds, interim receipts or certificates, in a form and with provisions that the governing body of the regional resource authority may determine, may be issued to the purchaser or purchasers of bonds sold pursuant to this part. The bonds and interim receipts or certificates are fully negotiable, as provided by Title 30, chapter 8.
History: En. Sec. 23, Ch. 351, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 1. Interlocal Agreements › 7-11-101. Short title

7-11-101. Short title.
This part shall be known and cited as the "Interlocal Cooperation Act".
History: En. Sec. 2, Ch. 82, L. 1967; R.C.M. 1947, 16-4902.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 1. Interlocal Agreements › 7-11-102. Purpose

7-11-102. Purpose.
It is the purpose of this part to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other local governmental units on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities.
History: En. Sec. 1, Ch. 82, L. 1967; R.C.M. 1947, 16-4901.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 1. Interlocal Agreements › 7-11-103. Definition

7-11-103. Definition.
For the purposes of this part, the term "public agency" shall mean any political subdivision, including municipalities, counties, school districts, and any agency or department of the state of Montana.
History: En. Sec. 3, Ch. 82, L. 1967; R.C.M. 1947, 16-4903.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 1. Interlocal Agreements › 7-11-104. Authorization to create interlocal agreements -- issuance of bonds for joint construction -- hiring of teacher, specialist, or superintendent

7-11-104. Authorization to create interlocal agreements -- issuance of bonds for joint construction -- hiring of teacher, specialist, or superintendent.
One or more public agencies may contract with any one or more other public agencies to perform any administrative service, activity, or undertaking or to participate in the provision or maintenance of any public infrastructure facility, project, or service, including the issuance of bonds for the joint construction of a facility under 20-9-404, the hiring of a teacher or specialist under 20-4-201 or a superintendent under 20-4-401, or the hiring of or contracting with any other professional person licensed under Title 37, that any of the public agencies entering into the contract is authorized by law to perform. The contract must be authorized and approved by the governing body of each party to the contract. The contract must outline fully the purposes, powers, rights, obligations, and responsibilities of the contracting parties.
History: En. Sec. 4, Ch. 82, L. 1967; R.C.M. 1947, 16-4904(part); amd. Sec. 1, Ch. 397, L. 1997; amd. Sec. 2, Ch. 86, L. 1999; amd. Sec. 1, Ch. 318, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 1. Interlocal Agreements › 7-11-105. Detailed contents of interlocal agreements

7-11-105. Detailed contents of interlocal agreements.
(1) The contract authorized by 7-11-104 must specify the following:
(a) its duration;
(b) the precise organization, composition, and nature of any separate legal entity created by the contract;
(c) the purpose or purposes of the interlocal contract;
(d) the manner of financing the joint or cooperative undertaking and establishing and maintaining a budget for the undertaking;
(e) the permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and, if applicable, for disposing of property upon a partial or complete termination;
(f) provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking, including representation of the contracting parties on the joint board;
(g) if applicable, the manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking;
(h) the contracting party responsible for reports and payment of retirement system contributions pursuant to 19-2-506;
(i) if applicable, the manner of sharing the employment of a teacher or specialist under 20-4-201, a superintendent under 20-4-401, or a professional person licensed under Title 37; and
(j) any other necessary and proper matters.
(2) An agreement authorized by 7-11-104 between a city or town and a county that governs the adoption and enforcement of municipal zoning or subdivision regulations beyond the boundaries of a municipality pursuant to 76-2-310 and 76-2-311 may not exceed a term of 5 years, at which time both parties may mutually agree to renew the agreement.
History: En. Sec. 4, Ch. 82, L. 1967; R.C.M. 1947, 16-4904(1) thru (8); amd. Sec. 3, Ch. 99, L. 2001; amd. Sec. 2, Ch. 318, L. 2001; amd. Sec. 1, Ch. 81, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 1. Interlocal Agreements › 7-11-106. Repealed

7-11-106. Repealed.
Sec. 2, Ch. 83, L. 1991.
History: En. Sec. 4, Ch. 82, L. 1967; R.C.M. 1947, 16-4904(9).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 1. Interlocal Agreements › 7-11-107. Filing of interlocal agreement

7-11-107. Filing of interlocal agreement.
The interlocal contract made pursuant to this part must be filed with:
(1) the county clerk and recorder of the county or counties where the political agencies are situated; and
(2) the secretary of state.
History: En. Sec. 4, Ch. 82, L. 1967; R.C.M. 1947, 16-4904(10); amd. Sec. 1, Ch. 83, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 1. Interlocal Agreements › 7-11-108. Authorization to appropriate funds for purpose of interlocal agreement

7-11-108. Authorization to appropriate funds for purpose of interlocal agreement.
Any public agency entering into an interlocal contract pursuant to this part may appropriate funds for and may sell, lease, or otherwise give or supply to the administrative board created for the purpose of performance of said contract and may provide such personnel or services therefor as may be within its legal power to furnish.
History: En. Sec. 4, Ch. 82, L. 1967; R.C.M. 1947, 16-4904(11).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-201. Statement of policy

7-11-201. Statement of policy.
It is hereby declared to be the public policy of Montana to provide for the residents of the state the means of improving their local governments so that essential services can be provided more effectively and economically. The growth of urban population, the necessity to maintain local governmental services in areas of increasing population on one hand and in areas of decreasing population on the other, and the movement of people into suburban areas have created varied problems in the provision of public services and facilities which often cannot be met adequately by individual units of local government.
History: En. Sec. 1, Ch. 129, L. 1969; R.C.M. 1947, 11-4401(1).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-202. Purpose

7-11-202. Purpose.
It is the purpose of this part to provide a method whereby the residents of local areas in Montana may propose local solutions to the common problems referred to in 7-11-201 in order that proper growth and development of the state may be assured and the health and welfare of the people therein secured.
History: En. Sec. 1, Ch. 129, L. 1969; R.C.M. 1947, 11-4401(2).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-203. Definitions

7-11-203. Definitions.
As used in this part, the following definitions apply:
(1) "Commission" means an interlocal cooperation commission established pursuant to 7-11-204.
(2) "Principal city" means the city having the largest population in the county under consideration according to the latest federal decennial census.
(3) "Unit of local government" means a county, city, or town.
History: En. Sec. 2, Ch. 129, L. 1969; R.C.M. 1947, 11-4402.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-204. Authorization for establishment of interlocal cooperation commissions

7-11-204. Authorization for establishment of interlocal cooperation commissions.
An interlocal cooperation commission may be established in either of two ways:
(1) A joint resolution providing for the establishment of an interlocal cooperation commission may be adopted by a separate vote of a majority of the governing bodies of the county, cities, and towns having any jurisdiction in the county under consideration. A certified copy of the resolution or certified copies of the concurring resolutions must be transmitted to the clerk and recorder of the county, and an interlocal cooperation commission must be considered to be authorized.
(2) (a) A petition requesting the establishment of an interlocal cooperation commission must be signed by at least 10% of the qualified voters within the county registered for the preceding general election and must be filed with the clerk and recorder of the county.
(b) Upon receipt of a petition, the clerk and recorder shall examine the source and certify to the sufficiency of the signatures. Within 30 days following receipt of the petition, the clerk and recorder shall transmit the petition to the board of county commissioners and to the governing bodies of all cities and towns having any jurisdiction in the county, together with the clerk and recorder's certificate as to the sufficiency of the petition, and an interlocal cooperation commission must be considered to be authorized.
History: En. Sec. 3, Ch. 129, L. 1969; R.C.M. 1947, 11-4403(part); amd. Sec. 521, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-205. Limitation on number of interlocal cooperation commissions

7-11-205. Limitation on number of interlocal cooperation commissions.
Only one commission may be established in a county at any one time.
History: En. Sec. 3, Ch. 129, L. 1969; R.C.M. 1947, 11-4403(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-206. Term of commission

7-11-206. Term of commission.
All commissions shall terminate 5 years from the date of their establishment. However, a commission, upon completion of its duties, may terminate earlier by a vote (favorable to such earlier termination) of three-fourths of the members.
History: En. Sec. 16, Ch. 129, L. 1969; amd. Sec. 2, Ch. 70, L. 1971; R.C.M. 1947, 11-4416.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-207. Composition of commission

7-11-207. Composition of commission.
An interlocal cooperation commission established pursuant to this part consists of members to be selected as follows:
(1) four members selected by the county commissioners;
(2) four members appointed by the mayor of the principal city and confirmed by the governing body of the city;
(3) one member appointed by the mayor of each of the other cities and towns in the county and confirmed by the governing body of the city or town;
(4) one member, who must be presiding officer of the interlocal cooperation commission, selected by the other members of the commission at their initial meeting.
History: En. Sec. 4, Ch. 129, L. 1969; R.C.M. 1947, 11-4404(1); amd. Sec. 522, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-208. Qualifications of members of commission

7-11-208. Qualifications of members of commission.
(1) Each member shall reside, at the time of appointment, within the county if selected by the board of county commissioners or within the city or town by which appointed.
(2) A member may not be an official or employee of any unit of local government.
History: En. Sec. 4, Ch. 129, L. 1969; R.C.M. 1947, 11-4404(2), (3); amd. Sec. 523, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-209. Time of appointment

7-11-209. Time of appointment.
The members of the interlocal cooperation commission shall be appointed within 60 days after the commission is authorized.
History: En. Sec. 5, Ch. 129, L. 1969; R.C.M. 1947, 11-4405.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-210. Vacancies

7-11-210. Vacancies.
In case of a vacancy for any cause, a new member must be appointed in the same manner as the member being replaced.
History: En. Sec. 7, Ch. 129, L. 1969; R.C.M. 1947, 11-4407(1); amd. Sec. 524, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-211. Compensation for members of commission

7-11-211. Compensation for members of commission.
Members of a commission shall receive no compensation but shall receive actual and necessary travel and other expenses incurred in the performance of official duties.
History: En. Sec. 7, Ch. 129, L. 1969; R.C.M. 1947, 11-4407(2).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-212. Organization of commission -- meetings

7-11-212. Organization of commission -- meetings.
(1) Not later than 80 days after the commission is authorized, the members of the commission shall meet and organize at a time that must be set by the board of county commissioners.
(2) At the first meeting of the commission, one of the members appointed by the board of county commissioners must be designated by that body to serve as temporary presiding officer. As its first official act, the commission shall select a presiding officer from outside its own membership.
(3) Further meetings of the commission must be held upon a call of the presiding officer, the vice presiding officer in the absence or inability of the presiding officer, or a majority of the members of the commission.
History: En. Sec. 6, Ch. 129, L. 1969; R.C.M. 1947, 11-4406; amd. Sec. 525, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-213. Conduct of business

7-11-213. Conduct of business.
(1) All meetings of the commission shall be open to the public.
(2) A majority of the members of the commission shall constitute a quorum for the transaction of business.
(3) Each member shall have one vote. A favorable vote by a majority of the entire commission shall be necessary for any action permitted by 7-11-230, but other actions may be by a majority of those present and voting.
(4) Each commission may adopt such other rules for its proceedings as it deems desirable.
History: En. Sec. 7, Ch. 129, L. 1969; R.C.M. 1947, 11-4407(3) thru (5).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-221. Powers and duties of commission

7-11-221. Powers and duties of commission.
A commission shall have the following powers and duties:
(1) to contract and cooperate with other public or private agencies, as it considers necessary for the rendition and affording of such services, facilities, studies, and reports to the commission as will best assist it to carry out the purposes for which the commission was established;
(2) to consult and retain such experts and to employ such executive, clerical, and other staff as, in the commission's judgment, may be necessary;
(3) to accept and expend money from any public or private source, including the federal government;
(4) to do any and all other things as are consistent with and reasonably required to perform its functions under this part.
History: En. Sec. 14, Ch. 129, L. 1969; R.C.M. 1947, 11-4414(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-222. Management of commission finances

7-11-222. Management of commission finances.
All money received by the commission shall be deposited with the county treasurer in the county. The county treasurer is authorized to disburse funds of the commission on its order.
History: En. Sec. 14, Ch. 129, L. 1969; R.C.M. 1947, 11-4414(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-223. Authorization to make appropriations for commission

7-11-223. Authorization to make appropriations for commission.
The units of local government within the county under consideration and the county may appropriate funds for the necessary expenses of the commission.
History: En. Sec. 15, Ch. 129, L. 1969; R.C.M. 1947, 11-4415.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-224. Preparation of comprehensive program

7-11-224. Preparation of comprehensive program.
(1) The commission shall prepare a comprehensive program for the furnishing of local governmental services, on both countywide and urban area bases, as it deems desirable.
(2) Within 3 years after the date of its organization, the commission shall complete the preparation of its proposals for the provision of both urban area services and countywide services and shall provide for adequate publication and explanation of its program.
History: (1)En. Sec. 9, Ch. 129, L. 1969; Sec. 11-4409, R.C.M. 1947; (2)En. Sec. 12, Ch. 129, L. 1969; amd. Sec. 1, Ch. 70, L. 1971; Sec. 11-4412, R.C.M. 1947; R.C.M. 1947, 11-4409, 11-4412(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-225. Considerations in preparation of proposals

7-11-225. Considerations in preparation of proposals.
(1) A commission shall consider the various areas included within the county, including areas incorporated as municipalities, unincorporated areas essentially urban in nature, unincorporated areas with both urban and rural characteristics, and predominantly rural areas.
(2) In the formation of its proposals, which can include arrangements for countywide governmental services and urban area services in both incorporated and unincorporated areas, a commission shall study and take into consideration:
(a) the existing land use within the county, including the location of highways and natural geographic barriers to and routes for transportation, making use wherever possible of comprehensive land use plans prepared for the area by organized planning boards or other reliable surveys;
(b) the need for organized local governmental services, the present cost and adequacy of local governmental services and controls in the area, probable future needs for such services and controls, and the probable effect of alternative courses of action on the cost and adequacy of services and controls in the areas concerned and in adjacent areas;
(c) population density, distribution, and growth; per capita assessed valuation; and the likelihood of significant growth in the areas concerned and in adjacent incorporated and unincorporated areas;
(d) the boundaries of existing units of local government;
(e) maintenance of citizen access to, control of, and participation in local government;
(f) such other matters as might affect provision of local governmental services on an equitable basis and provide more efficient and economical administration thereof.
History: En. Sec. 8, Ch. 129, L. 1969; R.C.M. 1947, 11-4408.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-226. Consideration of property and debts

7-11-226. Consideration of property and debts.
The commission shall:
(1) determine the value and amount of all property used in performing any local governmental service and all bonded and other indebtedness of units of local government attributable to the acquisition of such property and affected by its comprehensive program for both urban area services and countywide services; and
(2) determine and provide in its proposed program for assumption or equitable adjustment of such property and debts of each unit of local government affected.
History: En. Sec. 11, Ch. 129, L. 1969; R.C.M. 1947, 11-4411.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-227. Furnishing of information to commission

7-11-227. Furnishing of information to commission.
Upon request of the presiding officer of the commission, all state agencies, all counties and other units of local government, and the officers and employees of those entities shall furnish the commission with information that may be necessary for carrying out its functions and that may be available to or procurable by the agencies or units of government.
History: En. Sec. 14, Ch. 129, L. 1969; R.C.M. 1947, 11-4414(part); amd. Sec. 526, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-228. Public hearings on proposed program -- notice

7-11-228. Public hearings on proposed program -- notice.
Notice of hearings shall be published as provided in 7-1-2121.
History: En. Sec. 12, Ch. 129, L. 1969; amd. Sec. 1, Ch. 70, L. 1971; R.C.M. 1947, 11-4412(part); amd. Sec. 15, Ch. 349, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-229. Recommendations to implement program

7-11-229. Recommendations to implement program.
In preparing its comprehensive program for furnishing local governmental services, a commission may recommend one or more of the following courses of action:
(1) performance of one or more services by any existing unit of local government;
(2) consolidation of specified services by transfer of functions between local units of government, by creation of joint administrative agencies, or by contractual agreements;
(3) consolidation of any existing special service district with one or more other special service districts to perform all of the services provided by any of them;
(4) creation of a new special service district to perform one or more services, with provision for the dissolution of any existing special service districts performing like service or services within the proposed boundaries of such new district;
(5) annexation of unincorporated territory to any existing city or town;
(6) consolidation of any existing cities and towns with any other existing cities and towns;
(7) consolidation of any cities and towns with the county in which they lie;
(8) creation of a permanent council of governments consisting of members of the governing bodies of the units of local government within and including the county concerned;
(9) creation of a unified government for the entire county, vested with:
(a) any and all powers which cities are or may hereafter be authorized or required to exercise under the constitution and general laws of Montana; and
(b) any and all powers which counties are or may hereafter be authorized or required to exercise under the constitution and general laws of Montana;
(10) any other change it considers desirable involving creation, dissolution, or consolidation of units of local government in the county under consideration or involving alteration of their boundaries, powers, and responsibilities, consistent with provisions of the constitution of Montana.
History: En. Sec. 10, Ch. 129, L. 1969; R.C.M. 1947, 11-4410.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 2. Interlocal Cooperation Commission › 7-11-230. Procedure for making recommendations

7-11-230. Procedure for making recommendations.
After public hearing, the commission shall submit proposals contained in its comprehensive program for action as follows:
(1) If the comprehensive plan of the commission includes the creation of or any change, alteration, consolidation, dissolution, or annexation with respect to any unit of local government or special district a procedure for which is provided by law upon petition by the people and an election, the commission shall make public its proposal or proposals to the people in the area or areas affected.
(2) If the comprehensive plan includes the consolidation or transfer of the administrative and financial responsibilities for services between or among municipalities and counties, the commission shall make public its recommendation to the electorate of the local governments for referenda as provided for in 7-11-302.
(3) If the comprehensive plan includes any change, alteration, interlocal agreement, consolidation, dissolution, or annexation with respect to any unit of local government or special district which can be carried into effect under existing law by action of the governing bodies of the units affected, the commission shall recommend the necessary action to the governing body or bodies of the units of government concerned.
(4) If the comprehensive plan includes the creation of or any change, alteration, consolidation, dissolution, or annexation with respect to any unit of local government or special district which necessitates enabling legislation or amendments to the general laws or constitution of Montana, the commission shall make such recommendation or recommendations to the ensuing legislature.
History: En. Sec. 13, Ch. 129, L. 1969; R.C.M. 1947, 11-4413; amd. Sec. 11, Ch. 314, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 3. Consolidation and Transfer of Services › 7-11-301. Purpose

7-11-301. Purpose.
(1) The purpose of this part is to provide procedures for the electors of local governments to consolidate or transfer the administrative and financial responsibility for services between or among municipalities and counties.
(2) Nothing in this part is to be construed as in any way affecting the authority of local governments to enter into interlocal agreements or contracts as provided by law.
History: En. Sec. 1, Ch. 314, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 3. Consolidation and Transfer of Services › 7-11-302. Consolidation and transfer of services

7-11-302. Consolidation and transfer of services.
(1) A consolidation or transfer of services between or among municipalities may be proposed by a petition of the electors or on a recommendation of an interlocal cooperation commission as provided in 7-11-230.
(2) A petition or recommendation may propose to consolidate or transfer the administrative or financial responsibility or any administrative service, activity, or undertaking that any of the local governments included in the proposed consolidation or transfer are authorized by law to perform.
(3) Notwithstanding the requirements of 7-32-101, a petition or recommendation may propose to consolidate or transfer any law enforcement administrative service, activity, or undertaking between or among local governments.
History: En. Sec. 2, Ch. 314, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 3. Consolidation and Transfer of Services › 7-11-303. Petition for consolidation or transfer of services

7-11-303. Petition for consolidation or transfer of services.
(1) A petition or recommendation for the consolidation or transfer of the administrative and financial responsibility for services between or among local governments may be presented to the governing bodies of the local governments affected by the consolidation or transfer.
(2) A petition must be signed by at least 15% of the electors registered at the last general election of the local governments affected by the proposed consolidation or transfer.
(3) Whenever the consolidation or transfer of a service between a county and municipality is proposed by petition, the petition must be signed by at least 15% of the electors residing in each municipality included in the service consolidation or transfer and 15% of the electors residing in the remainder of the county.
(4) Upon determination of the sufficiency of the petition or upon receipt of a recommendation of the interlocal cooperation commission, the governing body of each of the local governments affected by the proposed consolidation or transfer shall call an election on the transfer or consolidation as provided in 7-11-307.
History: En. Sec. 3, Ch. 314, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 3. Consolidation and Transfer of Services › 7-11-304. Service plan

7-11-304. Service plan.
(1) The petitioners or the interlocal cooperation commission shall prepare a service plan governing the service or activity proposed to be transferred or consolidated.
(2) The plan shall provide:
(a) the nature of service or function to be consolidated or transferred;
(b) the effective date of the proposed consolidation or transfer;
(c) the responsibility for administration of the service to be consolidated or transferred, including the succession of the performance of duties currently performed by an elected officer if the elective status of an office is affected;
(d) the manner in which affected employees currently engaged in the performance of the function will be transferred, reassigned, or otherwise treated;
(e) the manner in which real property, facilities, equipment, or other personal property required in the exercise of the function are to be transferred, sold, or otherwise disposed of;
(f) the method of financing, establishing, and maintaining a budget for the service; and
(g) other legal, financial, and administrative arrangements necessary to effect the transfer in an orderly and equitable manner.
(3) The service plan may include provisions for an administrator or joint board responsible for administering any joint or cooperative undertaking.
(4) The service plan shall be attached to the petition or to the interlocal cooperation commission's recommendation when it is submitted to the governing bodies affected by the service consolidation or transfer.
History: En. Sec. 4, Ch. 314, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 3. Consolidation and Transfer of Services › 7-11-305. Availability of petition or recommendation and service plan

7-11-305. Availability of petition or recommendation and service plan.
(1) Sufficient copies of the petition or recommendation of the interlocal cooperation commission proposing a service consolidation or transfer and the service plan must be made available to the public for inspection at convenient locations and at reasonable hours to provide all interested persons an opportunity to review the recommendations and documents. The copies must be available no later than 30 days prior to an election on the proposal if an election is to be held. If the election is held, it must be held in conjunction with a regular or primary election.
(2) Each local government affected by the proposal may distribute copies of the service plan to its residents.
History: En. Sec. 5, Ch. 314, L. 1981; amd. Sec. 39, Ch. 387, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 3. Consolidation and Transfer of Services › 7-11-306. Publication of summary and comparison

7-11-306. Publication of summary and comparison.
(1) A summary of the recommendations contained in a petition or recommendation and the service plan proposing the consolidation or transfer of a service or activity must be published at least twice in a newspaper of general circulation in each local government affected by the proposal. The publication must be made during the 2 weeks preceding the election.
(2) The summary must contain a description of the recommendations, a comparison of the existing and proposed methods of service delivery, and a list of locations where the full proposal may be seen or obtained.
(3) The cost of publication required by this section shall be shared by the affected local governments.
History: En. Sec. 6, Ch. 314, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 3. Consolidation and Transfer of Services › 7-11-307. Election on service consolidation or transfer

7-11-307. Election on service consolidation or transfer.
(1) The governing bodies of each local government affected by a proposed service consolidation or transfer shall jointly call a special election on the question of service consolidation or transfer, to be held in conjunction with a regular or primary election. The county election administrator shall prepare and print notices of the special election.
(2) The cost of the election must be shared by the affected local governments in proportionate shares as agreed to by the governing bodies of the local governments.
History: En. Sec. 7, Ch. 314, L. 1981; amd. Sec. 17, Ch. 250, L. 1985; amd. Sec. 40, Ch. 387, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 3. Consolidation and Transfer of Services › 7-11-308. General ballot requirements

7-11-308. General ballot requirements.
(1) The question of adopting a service consolidation or transfer shall be submitted to the electors of the local governments affected by the proposal in substantially the following form:
Shall the plan for (consolidation or transfer) of (insert name of service or function) services proposed in the (petition or recommendation of the interlocal cooperation commission) and service plan to the (insert the names of local government units) be adopted?
☐ YES.
☐ NO.
(2) If the question of adopting a service consolidation or transfer alters the elective status of any elected county official, it shall be submitted to the electors of the local governments affected by the proposal in substantially the following form:
☐ For adoption of (consolidation or transfer) of (insert name of service or function) proposed in the (petition or recommendation of the interlocal cooperation commission) and service plan to the (insert names of local government units) in which the office of (insert name of county office) is (insert description of changes in elective status).
☐ For existing service delivery arrangements.
(3) In any election involving the question of service consolidation or transfer, an affirmative vote of a simple majority of those voting on the question is required for adoption.
(4) If the electors disapprove the proposed service consolidation or transfer, each local government retains its existing service delivery method until changed or modified as provided by law.
(5) Except for nonsubstantive adjustments required to insure efficient and effective operations, a service consolidation or transfer effected by the procedures contained in this part may be amended or otherwise changed only in the same manner as required for its adoption.
History: En. Sec. 8, Ch. 314, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 3. Consolidation and Transfer of Services › 7-11-309. Effect of adoption of service consolidation or transfer

7-11-309. Effect of adoption of service consolidation or transfer.
The adoption of a service consolidation or transfer does not affect the validity of any bond, debt, contract, collective bargaining agreement, obligation, or cause of action accrued or established by any affected local government prior to the consolidation or transfer.
History: En. Sec. 9, Ch. 314, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 3. Consolidation and Transfer of Services › 7-11-310. Judicial review

7-11-310. Judicial review.
(1) Judicial review to determine the validity of the procedures used in adopting any service consolidation or transfer may be initiated by petition in district court of 10 or more registered electors of each local government affected by the consolidation or transfer brought within 60 days after the election adopting the service consolidation or transfer. If no petition is filed within that period, compliance with all the procedures required by 7-11-303 through 7-11-310 and the validity of the manner in which the service consolidation or transfer was approved is conclusively presumed.
(2) It is presumed that proper procedure was followed and all procedural requirements were met. The adoption of a service consolidation or transfer may not be considered invalid because of any procedural error or omission unless it is shown that the error or omission materially and substantially affected its adoption.
History: En. Sec. 10, Ch. 314, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 10. Special Districts -- Creation and Governance › 7-11-1002. Definitions

7-11-1002. Definitions.
As used in this part, the following definitions apply:
(1) "Governing body" means the legislative authority of a local government.
(2) "Local government" means a city, town, county, or consolidated city-county government or any combination of these acting jointly.
(3) (a) "Special district" means a unit of local government that is authorized by law to perform a single function or a limited number of functions.
(b) The term includes but is not limited to cemetery districts, museum districts, park districts, fair districts, solid waste districts, local improvement districts, mosquito control districts, multijurisdictional districts, road districts, rodent control districts, television districts, and districts created for any public or governmental purpose not specifically prohibited by law. The term also includes any district or other entity formed to perform a single or limited number of functions by interlocal agreement.
(c) The term does not include business improvement districts, cattle protective districts, conservancy districts, conservation districts, water and sewer districts, planning and zoning districts, drainage districts, grazing districts, hospital districts, irrigation districts, library districts, livestock protective committees, parking districts, resort area districts, rural improvement districts, special improvement districts, lighting districts, rural fire districts, street maintenance districts, tax increment financing districts, urban transportation districts, water conservation and flood control projects, and weed management districts.
History: En. Sec. 2, 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 › 7-11-1003. Authorization to create special districts

7-11-1003. Authorization to create special districts.
(1) Whenever the public convenience and necessity may require:
(a) the governing body may:
(i) create a special district by resolution pursuant to 7-11-1007, 7-11-1008, and the provisions of 7-11-1009, if applicable; or
(ii) order a referendum on the creation of a special district to serve the inhabitants of the special district as provided in 7-11-1011 and the provisions of 7-11-1009, if applicable; or
(b) petitioners may initiate the creation of a special district to serve inhabitants of the special district as provided in subsection (2).
(2) (a) Upon receipt of a petition to institute the creation of a special district that is signed by at least 40% of the registered voters or by the owners of at least 40% of the real property within the boundary of the proposed special district and that is submitted to the clerk of the governing body, the governing body shall commence proceedings to create a special district as provided in subsection (1)(a).
(b) The form of the petition may be prescribed by the governing body, and the clerk of the governing body shall verify the signatures on the petition.
(c) Subject to subsection (2)(b), the petition must:
(i) require the printed name of each signatory;
(ii) specify whether the signatory is a property taxpayer or owner of real property within the proposed special district and either the street address or the legal description, whichever the signatory prefers, of that property;
(iii) describe the type of special district being proposed and the general character of any proposed improvements and program to be administered within the special district;
(iv) designate the method of financing any proposed improvements or maintenance program within the special district;
(v) include a description of the areas to be included in the proposed special district; and
(vi) specify whether the proposed special district would be administered by the local governing body or an appointed or elected board.
(3) Within 60 days of receipt of a petition to create a special district, the clerk of the governing body shall:
(a) certify that the petition is sufficient under the provisions of subsection (2) and present it to the governing body at its next meeting; or
(b) reject the petition if it is insufficient under the provisions of subsection (2).
(4) A defect in the contents of the petition or in its title, form of notice, or signatures may not invalidate the petition and subsequent proceedings as long as the petition has a sufficient number of qualified signatures attached.
History: En. Sec. 3, Ch. 286, L. 2009; amd. Sec. 1, Ch. 171, L. 2013; amd. Sec. 2, 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 › 7-11-1004. Applicability of part -- grandfathered special districts

7-11-1004. Applicability of part -- grandfathered special districts.
A special district in existence on July 1, 2009, continues in existence and remains subject to the provisions of the statutes under which it was created or established, as those statutes existed on June 30, 2009.
History: En. Sec. 1, Ch. 97, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 11. General Provisions Related to Services › Part 10. Special Districts -- Creation and Governance › 7-11-1006. Determining special district boundaries

7-11-1006. Determining special district boundaries.
(1) The boundaries of the proposed special district must be mapped, clearly described, and made available to the public at the time of the publication of the notice of public hearing pursuant to 7-11-1007 before the district may be approved.
(2) The governing body or petitioners shall consult with a professional land surveyor, as defined in 37-67-101, to prepare a legal description of the boundaries for the proposed special district.
(3) The boundaries must follow property ownership, precinct, school district, municipal, and county lines as far as practical.
History: En. Sec. 4, Ch. 286, L. 2009; amd. Sec. 2, Ch. 171, L. 2013.