reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4733. Vote required on proposed capital improvements

7-2-4733. Vote required on proposed capital improvements.
The plan required in 7-2-4732 must include a methodology whereby the residents within the area to be annexed may vote on any proposed capital improvements. If less than 50% of the residents in the section or sections to be annexed vote in favor of the annexation, the area may not be annexed. An election pursuant to this section must be conducted as provided in Title 13, chapter 1, part 4.
History: En. 11-518 by Sec. 5, Ch. 364, L. 1974; R.C.M. 1947, 11-518(part); amd. Sec. 20, Ch. 250, L. 1979; amd. Sec. 30, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4734. Standards to be met before annexation can occur

7-2-4734. Standards to be met before annexation can occur.
A municipal governing body may extend the municipal corporate limits to include any area that meets the following standards:
(1) The area must be contiguous to the municipality's boundaries at the time the annexation proceeding is begun.
(2) No part of the area may be included within the boundary of another incorporated municipality.
(3) The area must be included within and the proposed annexation must conform to a growth policy adopted pursuant to Title 76, chapter 1.
(4) (a) If fire protection services in the area to be annexed have been provided by a fire district organized under Title 7, chapter 33, part 21, the plan must:
(i) include provisions for coordinating the transfer of fire protection services to the municipality and compensating the district, if necessary, for equipment and district expenses; or
(ii) describe the municipality's plans to annex to the rural fire district pursuant to 7-33-4115.
(b) Upon transfer of fire protection services to a municipality under subsection (4)(a)(i), the existing boundaries of a rural fire district may be altered or the fire district may be dissolved as provided in 7-33-2401.
History: En. 11-519 by Sec. 6, Ch. 364, L. 1974; amd. Sec. 1, Ch. 81, L. 1977; R.C.M. 1947, 11-519(1), (2); amd. Sec. 1, Ch. 582, L. 1999; amd. Sec. 7, Ch. 186, L. 2011; amd. Sec. 2, Ch. 74, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4735. Guidelines for new boundaries of municipality

7-2-4735. Guidelines for new boundaries of municipality.
In fixing new municipal boundaries, a municipal governing body shall:
(1) wherever practical, use natural topographic features such as ridgelines, streams, and creeks as boundaries; and
(2) if a street is used as a boundary, include within the municipality land on both sides of the street, with such outside boundary not extending more than 200 feet beyond the right-of-way of the street.
History: En. 11-519 by Sec. 6, Ch. 364, L. 1974; amd. Sec. 1, Ch. 81, L. 1977; R.C.M. 1947, 11-519(3).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4736. Preservation of existing garbage or solid waste service in event of annexation

7-2-4736. Preservation of existing garbage or solid waste service in event of annexation.
A municipality that annexes or incorporates additional area within the service area of a motor carrier authorized by the public service commission to provide that service may not provide exclusive garbage and solid waste disposal service or impose charges or assessments for services not provided to any person or business located in the annexed or incorporated area except upon a proper showing to the public service commission that the existing carrier is unable to or refuses to provide adequate service to the annexed or incorporated area.
History: En. 11-526 by Sec. 1, Ch. 131, L. 1977; R.C.M. 1947, 11-526; amd. Sec. 1, Ch. 434, L. 1979; amd. Sec. 1, Ch. 381, L. 1987; amd. Sec. 1, Ch. 301, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4741. Right to court review when area annexed

7-2-4741. Right to court review when area annexed.
(1) Within 30 days following the passage of an annexation ordinance under authority of this part, a petition seeking review of the annexation procedures of the governing body of the municipality may be filed in the district court in which the municipality is located by:
(a) either a majority of the real property owners of the area to be annexed or the owners of more than 75% in assessed valuation of the real estate in the area who believe that they will suffer material injury by reason of the failure of the municipal governing body to comply with the procedures set forth in this part or to meet the requirements set forth in 7-2-4734 and 7-2-4735, as applied to their property; and
(b) the county from which the land is being annexed.
(2) If two or more petitions for review are submitted to the court, the court may consolidate the petitions for review at a single hearing.
History: En. 11-522 by Sec. 9, Ch. 364, L. 1974; R.C.M. 1947, 11-522(1), (2); amd. Sec. 16, Ch. 66, L. 1995; amd. Sec. 8, Ch. 186, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4742. Court review and decision when area annexed

7-2-4742. Court review and decision when area annexed.
(1) The review authorized under 7-2-4741 shall be conducted by the court without a jury. The court may hear oral arguments and receive written briefs and may take evidence intended to show that either:
(a) the statutory procedure was not followed; or
(b) the provisions of 7-2-4731 through 7-2-4735 were not met.
(2) The court may affirm the action of the governing body without change, or it may:
(a) remand the ordinance to the municipal governing body for further proceedings if procedural irregularities are found to have materially prejudiced the substantive rights of any of the petitioners;
(b) remand the ordinance to the municipal governing body for amendment of the boundaries to conform to the provisions of 7-2-4734 and 7-2-4735, but the court cannot remand the ordinance to the municipal governing body with directions to add an area to the municipality which was not included in the notice of public hearing and not provided for in plans for service; or
(c) remand the report to the municipal governing body for amendment of the plans for providing services to the end that the provisions of 7-2-4731 through 7-2-4733 are satisfied.
(3) If any municipality fails to take action in accordance with the court's instructions upon remand within 3 months from receipt of such instructions, the court may in its discretion extend the time for compliance.
History: En. 11-522 by Sec. 9, Ch. 364, L. 1974; R.C.M. 1947, 11-522(3).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4743. Presumption that municipal actions lawful

7-2-4743. Presumption that municipal actions lawful.
All decisions and findings of the governing body of the municipality shall be presumed to be reasonable and lawful until and unless they are modified or set aside by the governing body or upon review.
History: En. 11-522 by Sec. 9, Ch. 364, L. 1974; R.C.M. 1947, 11-522(5).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4744. Appeal from district court

7-2-4744. Appeal from district court.
Any party to the review proceedings, authorized under 7-2-4741 including the municipality, may appeal to the Montana supreme court from the final judgment of the district court under rules of procedure applicable in other civil cases. The appealing party may apply to the lower court for a stay in its final determination or a stay of the annexation ordinance, whichever shall be appropriate, pending the outcome of the appeal to the higher court. The lower court may, with the agreement of the municipality, permit annexation to be effective with respect to any part of the area concerning which no appeal is being made.
History: En. 11-522 by Sec. 9, Ch. 364, L. 1974; R.C.M. 1947, 11-522(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4745. Effect of appeal on effective date of annexation

7-2-4745. Effect of appeal on effective date of annexation.
If part or all of the area annexed under the terms of an annexation ordinance is the subject of an appeal to the lower or higher court on the effective date of the ordinance, then the ordinance shall be deemed amended to make the effective date with respect to such area the date of the final judgment of the lower or higher court, whichever is appropriate, or the date the municipal governing board completes action to make the ordinance conform to the court's instructions in the event of remand.
History: En. 11-522 by Sec. 9, Ch. 364, L. 1974; R.C.M. 1947, 11-522(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4746. Appeal provisions exclusive

7-2-4746. Appeal provisions exclusive.
No decisions of the governing body shall be subject to collateral attack, and decisions may be reviewed or modified only in the manner provided in 7-2-4741 through 7-2-4744.
History: En. 11-522 by Sec. 9, Ch. 364, L. 1974; R.C.M. 1947, 11-522(6).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4751. Right to court review when area not annexed

7-2-4751. Right to court review when area not annexed.
(1) If within 60 days of receiving a valid petition the governing body fails to pass a resolution of intent to annex, the petitioners may file a petition in the district court of the district in which the municipality is located.
(2) The municipality must be designated as the defendant in the cause and is required to appear and answer as in other cases.
History: En. 11-523 by Sec. 10, Ch. 364, L. 1974; R.C.M. 1947, 11-523(part); amd. Sec. 17, Ch. 66, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4752. Court review and decision when area not annexed

7-2-4752. Court review and decision when area not annexed.
(1) The court, without a jury, shall hear and determine the questions presented in the petition.
(2) The court shall order the proposed annexation to take place, notwithstanding the provisions of any other law of this state, if the evidence establishes that:
(a) essential municipal services and facilities are not available to the inhabitants of such territory;
(b) the municipality is physically and financially able to provide municipal services to the area sought to be annexed; and
(c) at least one-eighth of the aggregate external boundaries of the territory sought to be annexed is contiguous to the boundaries of the municipality.
(3) If, however, the evidence does not establish all three of the foregoing factors, the court shall deny the petition to annex and dismiss the proceeding.
History: En. 11-523 by Sec. 10, Ch. 364, L. 1974; R.C.M. 1947, 11-523(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4761. When land conclusively presumed to be annexed

7-2-4761. When land conclusively presumed to be annexed.
A tract or parcel of land that has been shown on municipal maps or plats as being within municipal boundaries but is later found to have been improperly or unofficially annexed is conclusively presumed to be annexed and may be so recorded if municipal taxes have been paid on the tract or parcel without protest for a period of 7 years.
History: En. Sec. 1, Ch. 109, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 48. Exclusion of Land › 7-2-4801. Use of terms contiguous and adjacent

7-2-4801. Use of terms contiguous and adjacent.
For the purposes of this part, the words "contiguous" and "adjacent" shall include property on the opposite side of a street or alley from the property sought to be withdrawn.
History: En. Sec. 2, Ch. 33, L. 1927; amd. Sec. 2, Ch. 130, L. 1935; re-en. Sec. 4979.2, R.C.M. 1935; R.C.M. 1947, 11-502(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 48. Exclusion of Land › 7-2-4802. Exclusion of land from municipalities

7-2-4802. Exclusion of land from municipalities.
The boundaries of any incorporated city or town of this state may be altered and a portion of the territory thereof excluded therefrom, and the councils of such cities and towns are hereby granted power to enact resolutions for that purpose after proceedings had as required in this part.
History: En. Sec. 1, Ch. 33, L. 1927; re-en. Sec. 4979.1, R.C.M. 1935; R.C.M. 1947, 11-501.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 48. Exclusion of Land › 7-2-4803. Petition to exclude land

7-2-4803. Petition to exclude land.
(1) A petition in writing, signed by a number of the qualified electors residing within the corporate limits of such city or town equal to a majority of the votes cast at the last city election held therein or by the owners of not less than three-fourths in value of the territory sought to be excluded, shall be filed with the clerk of such city or town.
(2) Such petition shall be presented to the council of such city or town at the next regular meeting after the filing thereof.
History: En. Sec. 2, Ch. 33, L. 1927; amd. Sec. 2, Ch. 130, L. 1935; re-en. Sec. 4979.2, R.C.M. 1935; R.C.M. 1947, 11-502(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 48. Exclusion of Land › 7-2-4804. Contents of petition

7-2-4804. Contents of petition.
(1) Such petition shall set out and describe the territory to be excluded from the corporate limits, which territory must be on the border of such city or town, and the alteration of the boundaries desired by the petitioners, together with the boundaries of the city or town as it will exist after such change is made. Said petition shall also describe the streets, avenues, alleys, and public places, if any, in the territory sought to be excluded and shall distinctly specify which of said streets, avenues, alleys, or public places are to be retained for the use of the public after the territory has been excluded from the corporate limits of such city or town.
(2) Such petition shall pray that the council of such city or town shall enact a resolution altering the boundaries of such city or town and excluding therefrom the territory therein described.
History: En. Sec. 2, Ch. 33, L. 1927; amd. Sec. 2, Ch. 130, L. 1935; re-en. Sec. 4979.2, R.C.M. 1935; R.C.M. 1947, 11-502(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 48. Exclusion of Land › 7-2-4805. Resolution of intent to exclude land -- notice

7-2-4805. Resolution of intent to exclude land -- notice.
If the council by resolution finds that the petition is signed by the requisite number of qualified electors of the city or town or by the owners of not less than three-fourths in value of the territory to be excluded, that the territory petitioned to be excluded is within the corporate limits and on the border of the corporate limits, and that the granting of the petition is in the best interest of the city or town and the inhabitants and will not materially mar the symmetry of the city or town, the city or town clerk shall publish a notice as provided in 7-1-4127.
History: En. Sec. 2, Ch. 33, L. 1927; amd. Sec. 2, Ch. 130, L. 1935; re-en. Sec. 4979.2, R.C.M. 1935; R.C.M. 1947, 11-502(part); amd. Sec. 10, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 48. Exclusion of Land › 7-2-4806. Contents of notice -- protest period

7-2-4806. Contents of notice -- protest period.
The notice shall be to the effect that:
(1) such resolution has been duly and regularly passed; and
(2) for a period of 20 days after the first publication of such notice, such city or town clerk will receive from the owners of the territory proposed to be excluded expressions of approval or disapproval, in writing, of the proposed alterations of the boundaries of such city or town by the exclusion of the territory petitioned to be excluded.
History: En. Sec. 2, Ch. 33, L. 1927; amd. Sec. 2, Ch. 130, L. 1935; re-en. Sec. 4979.2, R.C.M. 1935; R.C.M. 1947, 11-502(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 48. Exclusion of Land › 7-2-4807. Hearing on question of exclusion -- resolution of exclusion

7-2-4807. Hearing on question of exclusion -- resolution of exclusion.
(1) The clerk shall, at the next regular meeting of the city or town council after expiration of the 20 days, provide the council with all written communications received by the clerk for its consideration. If after considering the communications the council adopts a resolution to that effect, the boundaries of the city or town must be altered to exclude the territory described in the petition. The resolution must also describe the streets, avenues, alleys, and public places in the excluded territory that are to be vacated and abandoned.
(2) The resolution becomes effective 30 days after its passage and approval, and the boundary of the city or town is as set forth in the resolution.
(3) The resolution may not be finally adopted by the council after written disapproval by a majority of the owners in value of the territory proposed to be excluded or after written disapproval or protest by a majority of the owners in value of property within the corporate limits of the city or town immediately adjacent and contiguous to the territory sought to be excluded.
History: (1), (3)En. Sec. 2, Ch. 33, L. 1927; amd. Sec. 2, Ch. 130, L. 1935; re-en. Sec. 4979.2, R.C.M. 1935; Sec. 11-502, R.C.M. 1947; (2)En. Sec. 3, Ch. 33, L. 1927; re-en. Sec. 4979.3, R.C.M. 1935; Sec. 11-503, R.C.M. 1947; R.C.M. 1947, 11-502(part), 11-503(part); amd. Sec. 289, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 48. Exclusion of Land › 7-2-4808. Resolution and revised municipal map to be filed

7-2-4808. Resolution and revised municipal map to be filed.
(1) Within 30 days after the passage and approval of said resolution, a copy thereof, duly certified by the clerk of said city or town, together with a map showing the corporate limits of said city or town as altered and changed, shall be filed in the office of the county clerk and recorder of the county in which said city or town is located.
(2) Upon the filing of the certified copy of the resolution, all such streets, avenues, alleys, and public places to be abandoned or vacated, unless expressly excepted in said resolution, shall be deemed to be vacated and abandoned and the title thereto shall revert to the owners of the adjacent property.
History: (1) En. Sec. 3, Ch. 33, L. 1927; re-en. Sec. 4979.3, R.C.M. 1935; Sec. 11-503, R.C.M. 1947; (2)En. Sec. 2, Ch. 33, L. 1927; amd. Sec. 2, Ch. 130, L. 1935; re-en. Sec. 4979.2, R.C.M. 1935; Sec. 11-502, R.C.M. 1947; R.C.M. 1947, 11-502(part), 11-503(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 48. Exclusion of Land › 7-2-4809. Liability of excluded territory for existing indebtedness

7-2-4809. Liability of excluded territory for existing indebtedness.
Such alteration shall not relieve any territory excluded from the limits of a city or town from its liability on account of any outstanding bonded indebtedness of such city or town or any indebtedness of any improvement district of which the excluded territory is a part, existing at the time of the passage of such resolution.
History: En. Sec. 4, Ch. 33, L. 1927; re-en. Sec. 4979.4, R.C.M. 1935; R.C.M. 1947, 11-504.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 48. Exclusion of Land › 7-2-4810. Jurisdiction of municipality to levy tax to pay existing indebtedness

7-2-4810. Jurisdiction of municipality to levy tax to pay existing indebtedness.
For the purpose of levying any tax or assessment necessary for the collection of any of the indebtedness specified in 7-2-4809, the territory so excluded shall be and remain under the jurisdiction of such city or town.
History: En. Sec. 5, Ch. 33, L. 1927; re-en. Sec. 4979.5, R.C.M. 1935; R.C.M. 1947, 11-505.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 49. Disincorporation of Municipalities › 7-2-4901. Automatic disincorporation

7-2-4901. Automatic disincorporation.
(1) If the governing body of any city or town incorporated under the laws of Montana ceases to exist or fails to function for a period of 2 years, the city or town shall be disincorporated in the manner set forth in this part.
(2) (a) In cases where a city or town has been disincorporated by virtue of the provisions of subsection (1), the county commissioners shall file in their office an order that the disincorporation be granted. This order takes effect within 60 days following the date of the order.
(b) A certified copy of the order shall be sent to the state officials named in 7-2-4906.
History: (1)En. Sec. 1, Ch. 99, L. 1973; Sec. 11-308, R.C.M. 1947; (2)En. Sec. 7, Ch. 99, L. 1973; Sec. 11-314, R.C.M. 1947; R.C.M. 1947, 11-308, 11-314.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 49. Disincorporation of Municipalities › 7-2-4902. Disincorporation by election

7-2-4902. Disincorporation by election.
(1) Any city or town may be disincorporated in the manner provided in this section.
(2) If the registered electors of a city or town equal in number to at least 15% of the number of municipal electors registered at the last municipal general election petition the board of county commissioners of the county where the city or town is situated to disincorporate the city or town or if the city governing body by a two-thirds vote of all its members resolves to disincorporate, then the board shall order an election to be held within the city or town on the question of disincorporating the city or town. The election must be conducted in accordance with Title 13, chapter 1, part 4.
History: En. Sec. 2, Ch. 99, L. 1973; R.C.M. 1947, 11-309(1), (2); amd. Sec. 296, Ch. 571, L. 1979; amd. Sec. 1, Ch. 504, L. 1981; amd. Sec. 3, Ch. 250, L. 1985; amd. Sec. 1, Ch. 319, L. 1993; amd. Sec. 6, Ch. 387, L. 1995; amd. Sec. 31, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 49. Disincorporation of Municipalities › 7-2-4903. Repealed

7-2-4903. Repealed.
Sec. 262, Ch. 49, L. 2015.
History: En. Sec. 2, Ch. 99, L. 1973; R.C.M. 1947, 11-309(3); amd. Sec. 297, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 49. Disincorporation of Municipalities › 7-2-4904. Ballot form

7-2-4904. Ballot form.
The form of the ballot must be:
☐ FOR the disincorporation of .... (insert name of city or town)
☐ AGAINST the disincorporation of .... (insert name of city or town).
History: (1)En. Sec. 4, Ch. 99, L. 1973; Sec. 11-311, R.C.M. 1947; (2)En. Sec. 3, Ch. 99, L. 1973; Sec. 11-310, R.C.M. 1947; R.C.M. 1947, 11-310, 11-311; amd. Sec. 298, Ch. 571, L. 1979; amd. Sec. 32, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 49. Disincorporation of Municipalities › 7-2-4905. Effect of insufficient vote to disincorporate

7-2-4905. Effect of insufficient vote to disincorporate.
If it is found by the canvass of the votes that less than 60% of the votes cast were in favor of disincorporation, the county commissioners shall declare the petition for disincorporation denied, in which case no other election may be held on the question of disincorporating said city or town until after the expiration of 2 years from the date of the election.
History: En. Sec. 5, Ch. 99, L. 1973; R.C.M. 1947, 11-312.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 49. Disincorporation of Municipalities › 7-2-4906. Effect of sufficient vote to disincorporate

7-2-4906. Effect of sufficient vote to disincorporate.
(1) If the canvass reveals that 60% or more of all the votes cast were in favor of disincorporation, the county commissioners shall file in their office and cause to be entered upon their proceedings an order granting the petition for disincorporation and declaring that the city or town is disincorporated. The order takes effect within 60 days following the date of the order.
(2) A certified copy of the order must be sent to the secretary of state and the director of the department of administration.
History: En. Sec. 6, Ch. 99, L. 1973; amd. Sec. 9, Ch. 213, L. 1975; R.C.M. 1947, 11-313; amd. Sec. 7, Ch. 274, L. 1981; amd. Sec. 1, Ch. 287, L. 1983; amd. Sec. 23, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 49. Disincorporation of Municipalities › 7-2-4911. Certification of financial condition

7-2-4911. Certification of financial condition.
(1) Upon receiving a certified copy of the order of disincorporation, the director of the department of administration shall certify a current statement of the financial condition of the disincorporating city or town to the board of county commissioners.
(2) The statement must include but is not limited to:
(a) a determination of all assets of the city or town, including any current or delinquent utility accounts and taxes receivable; and
(b) a statement of all city or town indebtedness, including any revenue or general obligation bonds, special improvement district obligations outstanding, contracts payable, all other obligations of the city, and a schedule for the repayment of indebtedness.
History: En. Sec. 8, Ch. 99, L. 1973; amd. Sec. 10, Ch. 213, L. 1975; R.C.M. 1947, 11-315(part); amd. Sec. 7, Ch. 274, L. 1981; amd. Sec. 1, Ch. 287, L. 1983; amd. Sec. 24, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 49. Disincorporation of Municipalities › 7-2-4912. Management of unencumbered cash

7-2-4912. Management of unencumbered cash.
(1) Under the supervision of the director of the department of administration or the director's designee, the city treasurer or town clerk shall draw a treasurer's check for the amount of unencumbered cash in the city or town treasury. The check must be made payable to and delivered to the county treasurer of the county in which the disincorporating city or town is situated.
(2) The county treasurer shall immediately place the money in a special fund, to be drawn upon as provided in this part.
History: En. Sec. 8, Ch. 99, L. 1973; amd. Sec. 10, Ch. 213, L. 1975; R.C.M. 1947, 11-315(part); amd. Sec. 7, Ch. 274, L. 1981; amd. Sec. 1, Ch. 287, L. 1983; amd. Sec. 25, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 49. Disincorporation of Municipalities › 7-2-4913. Release of public property to county commissioners

7-2-4913. Release of public property to county commissioners.
Except as provided in 7-2-4914, upon the disincorporation of a city or town, each public officer of the city shall immediately turn over all public property of every nature and description in the officer's possession to the board of county commissioners of the county in which the city or town is situated.
History: En. Sec. 9, Ch. 99, L. 1973; R.C.M. 1947, 11-316(part); amd. Sec. 290, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 49. Disincorporation of Municipalities › 7-2-4914. Disposition of city court records

7-2-4914. Disposition of city court records.
Notwithstanding the provisions of 7-2-4913, all court records of the city court, if any, shall be transferred to the nearest justice of the peace. The justice of the peace has the authority to execute and complete all unfinished business. All reports and remittances of fines and forfeitures are made in the same manner as that prescribed for justices of the peace.
History: En. Sec. 9, Ch. 99, L. 1973; R.C.M. 1947, 11-316(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 49. Disincorporation of Municipalities › 7-2-4915. Effect of disincorporation on prior legal rights

7-2-4915. Effect of disincorporation on prior legal rights.
The disincorporation of a city or town does not invalidate or affect any right, penalty, or forfeiture accruing to the city or town or invalidate or affect any contract entered into or imposed upon the corporation, but all the contracted indebtedness and obligations remain unimpaired by reason of the disincorporation of the city or town.
History: En. Sec. 10, Ch. 99, L. 1973; R.C.M. 1947, 11-317(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 49. Disincorporation of Municipalities › 7-2-4916. Payment of debts and collection of receivables of disincorporated municipality

7-2-4916. Payment of debts and collection of receivables of disincorporated municipality.
(1) The board of county commissioners of the county succeeding the disincorporated city or town shall provide for:
(a) the payment and discharge in good faith of all the indebtedness and obligations according to the tenor of the contract or indenture agreement by which they were contracted or the indebtedness incurred; and
(b) the collection of any indebtedness due the city or town.
(2) All instruments for the repayment of indebtedness are drawn by order of the board on the fund provided in 7-2-4912.
History: En. Sec. 10, Ch. 99, L. 1973; R.C.M. 1947, 11-317(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 49. Disincorporation of Municipalities › 7-2-4917. Procedure to collect receivables

7-2-4917. Procedure to collect receivables.
(1) The board of county commissioners shall make provisions for the collection of the amounts due a corporation and for the closing up of its affairs, and any act or acts necessary for that purpose and not otherwise provided shall, upon order of the board, be performed by the officer or officers performing similar duties for the county as if it had been performed by the proper officer of the city or town before disincorporation.
(2) The county shall succeed to and possess all rights of the corporation to indebtedness and has power to sue for or otherwise collect any debts in the name of the county.
History: En. Sec. 13, Ch. 99, L. 1973; R.C.M. 1947, 11-320.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 49. Disincorporation of Municipalities › 7-2-4918. Tax levy in event of insolvency

7-2-4918. Tax levy in event of insolvency.
(1) If, at any time after the disincorporation of a city or town, there is insufficient money in the treasury to the credit of the special fund provided for in 7-2-4912 with which to pay any indebtedness of the corporation, the board of county commissioners shall, subject to 15-10-420, levy and collect from the territory formerly included within the city or town a tax or taxes sufficient in amount to pay the indebtedness of the corporation as the indebtedness becomes due.
(2) The tax or taxes, assessments, and collections must be made in the same manner and at the same time that other taxes of the county are levied and collected and are an additional tax upon the property included within the territory or portions of territory of the disincorporated city or town for the payment of the debts. For the purposes of 15-10-420, the levy is considered a levy on the property in the city or town until the debt is paid.
(3) All money paid into the county treasury under the provisions of this part must be credited to the special fund.
History: En. Sec. 11, Ch. 99, L. 1973; R.C.M. 1947, 11-318; amd. Sec. 11, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 49. Disincorporation of Municipalities › 7-2-4919. Management of surplus assets deposited to special fund

7-2-4919. Management of surplus assets deposited to special fund.
If, after payment of the debts of the corporation and the liquidation, where possible, of tangible assets, any surplus shall remain in the hands of the county treasurer to the credit of the special fund, money remaining shall be transferred to the county general fund. Nothing in this section is intended to conflict with the provisions of 7-2-4915 and 7-2-4916.
History: En. Sec. 12, Ch. 99, L. 1973; R.C.M. 1947, 11-319.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 49. Disincorporation of Municipalities › 7-2-4920. Payment of costs and expenses from special county fund

7-2-4920. Payment of costs and expenses from special county fund.
All costs and expenses of ascertaining information and all other costs and expenses incurred by the board of county commissioners in the execution of the powers and duties of managing the affairs of the disincorporated city or town provided for in this part shall be paid out of the special fund in the county treasury.
History: En. Sec. 14, Ch. 99, L. 1973; R.C.M. 1947, 11-321.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-101. Compliance with constitution

7-3-101. Compliance with constitution.
(1) The purpose of parts 1 through 7 is to comply with Article XI, section 3(1), of the Montana constitution, which provides: "The legislature shall provide such optional or alternative forms of government that each unit or combination of units may adopt, amend, or abandon an optional or alternative form by a majority of those voting on the question."
(2) Parts 1 through 7 establish the alternative forms of government for cities, towns, counties, and consolidated governments. These parts shall be liberally construed to facilitate the adoption of a form of local government.
History: En. 47A-3-201 by Sec. 1, Ch. 344, L. 1975; R.C.M. 1947, 47A-3-201; amd. Sec. 1, Ch. 262, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-102. Adoption of alternative form

7-3-102. Adoption of alternative form.
Each local government in the state shall adopt one of the alternative forms of government provided for in parts 1 through 7, including one of each suboption authorized:
(1) the commission-executive form (which may also be called the council-executive, the council-mayor, or the commission-mayor form);
(2) the commission-manager form (which may also be called the council-manager form);
(3) the commission form;
(4) the commission-presiding officer form;
(5) the town meeting form; or
(6) the charter form.
History: En. 47A-3-202 by Sec. 1, Ch. 344, L. 1975; R.C.M. 1947, 47A-3-202; amd. Sec. 291, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-103. Amendment of self-government charter or adopted alternative form of government -- proposed change in type of election -- election

7-3-103. Amendment of self-government charter or adopted alternative form of government -- proposed change in type of election -- election.
(1) An amendment to a self-government charter or an adopted alternative form of government may only be made by submitting the question of amendment to the electors of the local government as provided in 7-3-149. An amendment approved by the electors becomes effective on the first day of the local government fiscal year following the fiscal year of approval unless the question submitted to the electors provides otherwise.
(2) An amendment to a self-government charter or an adopted alternative form of government may be proposed by:
(a) petition as provided in 7-3-125;
(b) the local government by ordinance; or
(c) a study commission recommendation pursuant to 7-3-192.
(3) The local government, by ordinance, may provide procedures for the submission and verification of initiative petitions.
(4) The question to change the type of election held under an elected county official government provided for in 7-3-111 from being conducted on a partisan basis to being conducted on a nonpartisan basis or from being conducted on a nonpartisan basis to being conducted on a partisan basis may, by ordinance, be submitted to the electorate of the local government as provided in 7-3-149. A change to the type of election requires an affirmative vote of a simple majority of those voting on the question, pursuant to 7-3-149.
History: En. 47A-3-209 by Sec. 4, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-209; amd. Sec. 2, Ch. 319, L. 1993; amd. Sec. 7, Ch. 387, L. 1995; amd. Sec. 33, Ch. 49, L. 2015; amd. Sec. 1, Ch. 242, L. 2017; amd. Sec. 1, Ch. 345, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-104. Limitation on change in alternative form

7-3-104. Limitation on change in alternative form.
The electors of any unit of local government which has adopted a new alternative form of local government may not vote on the question of changing the form of local government until 3 years after the new alternative form of local government becomes effective, but the voters may vote on amendments to the alternative form or service or functional transfers.
History: En. 16-5115.11 by Sec. 14, Ch. 513, L. 1975; R.C.M. 1947, 16-5115.11(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-105. Plan of government

7-3-105. Plan of government.
The approved plan filed with the secretary of state pursuant to subsection (3)(a) of section 14, Chapter 513, Laws of 1975, shall be the official plan and shall be a public record open to inspection of the public and judicially noticeable by all courts.
History: En. 16-5115.11 by Sec. 14, Ch. 513, L. 1975; R.C.M. 1947, 16-5115.11(3)(b).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-106. Effect of change in government

7-3-106. Effect of change in government.
(1) All ordinances in effect at the time the new form of government becomes effective shall continue in effect until repealed or amended in the manner provided by law.
(2) The adoption of a new form of government shall not affect the validity of any bond, debt, contract, obligation, or cause of action accrued or established under the prior form of government.
History: En. 16-5115.11 by Sec. 14, Ch. 513, L. 1975; R.C.M. 1947, 16-5115.11(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-111. Statutory basis for elected county official government

7-3-111. Statutory basis for elected county official government.
(1) For the purpose of determining the statutory basis of existing units of local government after May 2, 1977, each unit of local government organized under the general statutes authorizing the elected county official form of government shall be governed by the following sections:
(a) 7-3-401;
(b) 7-3-402;
(c) 7-3-412(3);
(d) 7-3-413;
(e) 7-3-414(1);
(f) 7-3-415(2);
(g) 7-3-416(2);
(h) 7-3-417(2);
(i) 7-3-418;
(j) 7-3-432(1);
(k) 7-3-433(1);
(l) 7-3-434(1);
(m) 7-3-435(1);
(n) 7-3-436(1);
(o) 7-3-437(1);
(p) 7-3-438(1);
(q) 7-3-439(1);
(r) 7-3-440(1);
(s) 7-3-441(1);
(t) 7-3-442(1) if the county has elected an auditor;
(u) 7-3-442(6) if the county has not elected an auditor.
(2) This form has terms of 4 years for all elected officials except commissioners who are elected to 6-year terms. The commission consists of three members.
History: En. 16-5115.1 by Sec. 4, Ch. 513, L. 1975; R.C.M. 1947, 16-5115.1(3); amd. Sec. 2, Ch. 345, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-112. Statutory basis for county manager government

7-3-112. Statutory basis for county manager government.
(1) For the purpose of determining the statutory basis of existing units of local government after May 2, 1977, each unit of local government organized under the general statutes authorizing the county manager form of government shall be governed by the following sections:
(a) 7-3-301;
(b) 7-3-303;
(c) 7-3-304;
(d) 7-3-305;
(e) 7-3-312(2);
(f) 7-3-313(1) or (2);
(g) 7-3-314(2);
(h) 7-3-315(1);
(i) 7-3-316(2);
(j) 7-3-317(2);
(k) 7-3-318.
(2) Commissioners are elected to 6-year terms. The size of the commission shall be established by ordinance, but it may not exceed five members.
History: En. 16-5115.1 by Sec. 4, Ch. 513, L. 1975; R.C.M. 1947, 16-5115.1(4).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-113. Statutory basis for municipal council-mayor government

7-3-113. Statutory basis for municipal council-mayor government.
(1) For the purpose of determining the statutory basis of existing units of local government, each unit of local government organized under the general statutes authorizing the municipal council-mayor form of government, which does not adopt a new form, shall be governed after May 2, 1977, by the following sections:
(a) 7-3-201;
(b) 7-3-202(1);
(c) 7-3-203;
(d) 7-3-212(2);
(e) 7-3-213(3);
(f) 7-3-214(2);
(g) 7-3-215(2);
(h) 7-3-216(2);
(i) 7-3-217(1);
(j) 7-3-218(2);
(k) 7-3-219(1);
(l) 7-3-220(1);
(m) 7-3-221(3);
(n) 7-3-222(2);
(o) 7-3-223(2).
(2) This form has terms of 4 years for all elected officials. The size of the commission shall be established by ordinance, but it may not exceed 20 members.
History: En. 16-5115.1 by Sec. 4, Ch. 513, L. 1975; R.C.M. 1947, 16-5115.1(1).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-114. Statutory basis for municipal commission-manager government

7-3-114. Statutory basis for municipal commission-manager government.
(1) For the purpose of determining the statutory basis of existing units of local government after May 2, 1977, each unit of local government organized under the general statutes authorizing the municipal commission-manager form of government shall be governed by the following sections:
(a) 7-3-301;
(b) 7-3-302(1);
(c) 7-3-303;
(d) 7-3-304;
(e) 7-3-305;
(f) 7-3-312(3);
(g) 7-3-313(1);
(h) 7-3-314(2);
(i) 7-3-315(2);
(j) 7-3-316(2);
(k) 7-3-317(2);
(l) 7-3-318.
(2) This form has terms of 4 years for all elected officials. The size of the commission shall be established by ordinance, but it may not exceed five members.
History: En. 16-5115.1 by Sec. 4, Ch. 513, L. 1975; R.C.M. 1947, 16-5115.1(2).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-121. Purpose

7-3-121. Purpose.
The purpose of 7-3-121 through 7-3-123, 7-3-125, and 7-3-141 through 7-3-161 is to provide procedures for alteration of existing forms of local government.
History: En. Sec. 1, Ch. 675, L. 1979; amd. Sec. 7, Ch. 2, L. 2009; amd. Sec. 34, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-122. Definitions

7-3-122. Definitions.
As used in this part, unless the context indicates otherwise, the following definitions apply:
(1) "Authority" means:
(a) a municipal or regional airport authority as provided in Title 67, chapter 11;
(b) a conservancy district as provided in Title 85, chapter 9;
(c) a conservation district as provided in Title 76, chapter 15;
(d) a drainage district as provided in Title 85, chapter 8;
(e) an irrigation district as provided in Title 85, chapter 7;
(f) a hospital district as provided in Title 7, chapter 34, part 21;
(g) a water conservation and flood control district as provided in Title 76, chapter 5, part 11;
(h) a county water and sewer district as provided in Title 7, chapter 13, part 22; or
(i) an urban transportation district as provided in Title 7, chapter 14, part 2.
(2) "Finance administrator" means the individual responsible for the financial administration of the local government and generally means the county or city treasurer or town clerk unless the alternative form or governing body specifies a different individual.
(3) "Form of government" or "form" means one of the types of local government enumerated in 7-3-102 and the type of government described in 7-3-111.
(4) "Governing body" means the commission or the town meeting legislative body established in the alternative form of a local government under Title 7, chapter 3, parts 1 through 7.
(5) "Local improvement district" means an improvement district in which property is assessed to pay for specific capital improvements benefiting the assessed property.
(6) "Plan of government" has the meaning provided in 7-1-4121.
(7) "Records administrator" means the individual responsible for keeping the public records of the local government and generally means the county, city, or town clerk unless the alternative form or governing body specifies a different individual.
(8) "Subordinate service district" means a special district within a local government in which certain services are provided and in which taxes may be levied to finance the services.
History: En. Sec. 2, Ch. 675, L. 1979; amd. Sec. 20, Ch. 575, L. 1981; amd. Sec. 1, Ch. 521, L. 2007; amd. Sec. 8, Ch. 2, L. 2009; amd. Sec. 35, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 1. General Provisions › 7-3-123. Alteration of existing forms of local government

7-3-123. Alteration of existing forms of local government.
An alteration of an existing form of local government may be proposed by a petition of the electors.
History: En. Sec. 3, Ch. 675, L. 1979.