reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1313. Special taxing districts for indebtedness existing prior to consolidation

7-3-1313. Special taxing districts for indebtedness existing prior to consolidation.
(1) A district comprised within the boundaries of any city, town, or district existing within the county at the time of the adoption of part 12 and this part by the electors of the consolidated government is, for the purpose of paying the interest and principal of any debt incurred by the city, town, or district prior to the adoption of the consolidated government, continued as a special district until the debt has been paid. Subject to 15-10-420, the commission shall, in the annual tax levy ordinance, levy upon the property within each district a tax, in addition to all other taxes, that the director of finance reports to be necessary to provide for paying the interest on each debt as it falls due and the principal of the debt as it matures, and no other property within the municipality is taxable or liable for the payment of any district debt.
(2) Subject to 15-10-420, the commission shall provide in the annual tax levy ordinance adopted for the levy of a tax upon all property within the municipality that the director of finance reports to be necessary to provide for paying the interest as it falls due and the principal as it matures of any debt of the municipality as a whole.
(3) The tax levy for the debt of the municipality as a whole and the tax levy for the debt of each district must be a separate levy and must be distinct from and in addition to all other tax levies. The proceeds of each tax levy must be placed in a separate fund for the payment of the interest and principal of the debt for which the tax was levied, and the fund may not be used for any other purpose.
History: En. Sec. 59, Ch. 121, L. 1923; re-en. Sec. 5520.60, R.C.M. 1935; R.C.M. 1947, 11-3460; amd. Sec. 14, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1314. Payment and investigation of claims -- use of warrants

7-3-1314. Payment and investigation of claims -- use of warrants.
(1) A claim against the municipality may not be paid except by means of a warrant on the treasury issued by the director of finance. The director of finance may not issue a warrant for the payment of a claim unless the claim is evidenced by a voucher approved by the head of the department or office for which the indebtedness was incurred. The officer and the officer's surety are liable to the municipality for all loss or damage sustained by reason of the officer's negligent or corrupt approval of a claim.
(2) (a) The director of finance shall examine all payrolls, bills, and other claims and demands against the municipality and may not issue a warrant for payment unless the director finds that:
(i) the claim is in proper form, correctly computed, and approved;
(ii) the claim is legally due and payable; and
(iii) an appropriation has been made for the claim that has not been exhausted.
(b) The director of finance may investigate any claimant and for that purpose may summon any officer, agent, or employee of the municipality or any claimant or other person and examine the person upon oath or affirmation concerning the claim. If the director finds a claim to be fraudulent, erroneous, or otherwise invalid or that the appropriation out of which the claim is payable has been exhausted, the director may not issue a warrant for the claim. If the director of finance issues a warrant on the treasury authorizing payment of any claim in contravention of the provisions of this subsection (2), the director and the director's sureties are individually liable to the municipality for the amount of the warrant if paid.
History: En. Secs. 60, 61, Ch. 121, L. 1923; re-en. Secs. 5520.61, 5520.62, R.C.M. 1935; R.C.M. 1947, 11-3501, 11-3502; amd. Sec. 348, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1315. Certification of certain obligations by finance director

7-3-1315. Certification of certain obligations by finance director.
(1) A contract, agreement, or other obligation, other than contracts pertaining to work or improvements to be paid for by special assessments, involving the expenditure of any funds may not be entered into nor may any order for expenditures be valid unless the director of finance first certifies to the commission that the object or purpose for which the expenditure is to be made and the amount of the expenditure are provided for by an appropriation in the annual budget or in a supplemental budget and that the appropriation has not been expended. The certificate of the director of finance must be filed and made a matter of record in the director's office, and the appropriation for that purpose must be considered as having been set aside and expended in the amount of the contract, agreement, or obligation.
(2) All contracts, agreements, or other obligations entered into, all ordinances and resolutions passed, and all orders adopted contrary to the provisions of subsection (1) are void, and a person may not have any claim or demand against the municipality, nor may the commission or any officer of the municipality waive or qualify the limitations fixed by subsection (1) or incur for the municipality any liability in excess of the limitations.
History: En. Secs. 62, 63, Ch. 121, L. 1923; re-en. Secs. 5520.63, 5520.64, R.C.M. 1935; R.C.M. 1947, 11-3503, 11-3504; amd. Sec. 349, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1316. Designation of depository banks

7-3-1316. Designation of depository banks.
On or before August 1 of each year, the commission shall designate the banks subject to state or national supervision in which the funds of the municipality shall be deposited. In designating such banks, the commission shall specify the maximum amount of municipal funds that may be kept at any time in each.
History: En. Sec. 64, Ch. 121, L. 1923; re-en. Sec. 5520.65, R.C.M. 1935; R.C.M. 1947, 11-3505(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1317. Deposit security

7-3-1317. Deposit security.
(1) Unless a bank designated as a depository elects to deposit securities with the treasurer as provided in subsection (2), it shall give good and sufficient bonds, with sureties to be approved by the commission, conditioned for the safekeeping and payment of the municipal funds deposited with the bank and the interest on the deposit. Any bonds of a depository must be in the aggregate equal to the amount designated by the commission as the maximum of municipal funds that may at any time be kept by the depository. All surety bonds given by a bank in accordance with the provisions of this subsection must continue in force so long as funds of the municipality deposited in the bank are unpaid. This section may not impair the rights and remedies of the municipality on the bonds under the laws of the state.
(2) In lieu of the surety bonds specified in subsection (1), a bank designated as a depository of municipal funds may deposit with the treasurer bonds of the class and kind in which, by the provisions of 7-3-1322, the sinking fund of the municipality may be invested. Deposited bonds must be in an amount equal to the amount of municipal funds permitted at any time to be deposited with the bank, must be approved by the commission, and must be accompanied by proper assignment, to the end that the bank depositing and assigning the bonds will safely keep and pay over to the treasurer or the treasurer's order, on demand and free of exchange, all money at any time deposited in the bank with interest on the money at the rate agreed upon and that in case of default on the part of the bank, the commission may sell the bonds or so much of the bonds as may be necessary to realize the full amount of the funds deposited. The bank is entitled to interest on the securities deposited with the treasurer, when paid, and to the return of the securities at the termination of the trust so long as the bank is not in default. With the approval of the commission, a bank may at any time substitute other similar securities of equal value for those deposited.
(3) Bonds and other securities given by banks in accordance with this part must be entered in a record to be kept for that purpose by the director of finance and deposited with the treasurer for safekeeping. The record of the bonds and securities kept by the director of finance or copies of the record certified by that officer are competent and prima facie evidence of the contents and tenor of the bonds and securities.
History: En. Secs. 64, 65, 67, Ch. 121, L. 1923; re-en. Secs. 5520.65, 5520.66, 5520.68, R.C.M. 1935; R.C.M. 1947, 11-3505(part), 11-3506, 11-3508; amd. Sec. 350, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1318. Additional or new deposit security

7-3-1318. Additional or new deposit security.
Whenever for any cause the commission shall deem the bonds or securities of any bank insufficient security for the municipal funds deposited or likely to be deposited therein, the commission shall require new bonds to be given or new securities to be deposited with the treasurer. If any bank shall fail promptly to execute and present such new bonds or deposit such new securities, the treasurer shall at once withdraw all deposits therefrom, and no further deposit of municipal funds shall be made therein until such bank shall have been redesignated by the commission as a depository.
History: En. Sec. 66, Ch. 121, L. 1923; re-en. Sec. 5520.67, R.C.M. 1935; R.C.M. 1947, 11-3507.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1319. Deposit of funds with depository banks

7-3-1319. Deposit of funds with depository banks.
(1) All funds received by the treasurer must be deposited in the designated banks in the name of the municipality, subject to the order of the treasurer, and must be distributed among the designated banks as nearly as may be in proportion to the maximum amounts that they have been authorized to receive by the commission.
(2) Banks designated as depositories shall pay interest on daily balances of municipal funds at a rate approved by the commission, which may not be less than 2 1/2%. The interest due on the deposits must be paid to the treasurer by check on the last day of each quarter of the fiscal year. If the treasurer receives or has in any bank funds that will probably remain on deposit 3 months or longer, the treasurer may, with the approval of the commission, either take certificates of deposit from a designated depository, payable to the treasurer's order on demand and bearing a higher rate of interest, or invest the funds in any bonds maturing within 6 months in which the sinking fund of the municipality may be invested. The treasurer shall make a monthly statement to the director of finance of the municipal funds in each bank and the interest received as of the last day of each month.
(3) A bank receiving funds of the municipality on deposit may not pay out the money except upon checks drawn upon that bank signed by the treasurer.
History: (1)En. Sec. 68, Ch. 121, L. 1923; re-en. Sec. 5520.69, R.C.M. 1935; Sec. 11-3509, R.C.M. 1947; (2)En. Sec. 69, Ch. 121, L. 1923; re-en. Sec. 5520.70, R.C.M. 1935; Sec. 11-3510, R.C.M. 1947; (3)En. Sec. 70, Ch. 121, L. 1923; re-en. Sec. 5520.71, R.C.M. 1935; Sec. 11-3511, R.C.M. 1947; R.C.M. 1947, 11-3509, 11-3510, 11-3511; amd. Sec. 351, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1320. Liability for deposited funds

7-3-1320. Liability for deposited funds.
(1) When the funds of the municipality are deposited and kept in designated banks according to the provisions of this part, the treasurer and the sureties on the treasurer's official bond are exempt from all liability for the loss of any funds deposited if the loss is caused by the failure, bankruptcy, or any other act or default of the banks, but the want of care or due diligence on the part of the treasurer or commission in protecting the municipality against loss does not exempt the treasurer, the members of the commission, or sureties on their respective bonds from liability.
(2) This section may not deprive the municipality of any right or remedy against a defaulting bank or against its officers or stockholders.
History: En. Sec. 71, Ch. 121, L. 1923; re-en. Sec. 5520.72, R.C.M. 1935; R.C.M. 1947, 11-3512; amd. Sec. 352, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1321. Authorization to incur indebtedness -- limitation

7-3-1321. Authorization to incur indebtedness -- limitation.
(1) The consolidated municipality may borrow money or issue bonds for any municipal purpose to the extent and in the manner provided by the constitution and laws of Montana for the borrowing of money or issuing of bonds by counties and cities and towns.
(2) The municipality may not become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate that exceeds 2.5% of the total assessed value of taxable property, determined as provided in 15-8-111, within the municipality, as ascertained by the last assessment for state and county taxes prior to incurring indebtedness. All warrants, bonds, or obligations in excess of the amount given by or on behalf of the municipality are void.
History: En. Secs. 72, 73, Ch. 121, L. 1923; re-en. Secs. 5520.73, 5520.74, R.C.M. 1935; R.C.M. 1947, 11-3513, 11-3514; amd. Sec. 39, Ch. 614, L. 1981; amd. Sec. 2, Ch. 29, L. 2001; amd. Sec. 1, Ch. 187, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1322. Investment of sinking funds

7-3-1322. Investment of sinking funds.
(1) The sinking funds of the municipality must be in charge of a sinking fund board consisting of the president, the director of finance, and the director of law. The president is the presiding officer and the director of finance, the secretary of the board. By and with consent of the commission, the sinking fund board shall invest the sinking fund in bonds or certificates of indebtedness of the United States, state bonds or certificates of indebtedness of Montana or any other state of the United States, bonds of the municipality, registered warrants on the treasury of the municipality, bonds of any city in Montana, and in county or school bonds of Montana that may be approved by the commission.
(2) If the sinking fund is invested in bonds of the municipality, the bonds may not be canceled before maturity but must be held by the sinking fund board and the interest on the bonds paid over and applied to the increase of the sinking fund. Whenever the principal of any of the bonds of the municipality becomes due, the sinking fund board shall, with the consent of the commission, dispose of any of the bonds belonging to the sinking fund that, with the money on hand belonging to the sinking fund, are necessary to pay the bonds becoming due.
History: En. Sec. 74, Ch. 121, L. 1923; re-en. Sec. 5520.75, R.C.M. 1935; R.C.M. 1947, 11-3515; amd. Sec. 353, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1323. Competitive, advertised bidding required for certain contracts

7-3-1323. Competitive, advertised bidding required for certain contracts.
All contracts entered into by the municipality for supplies or materials, for any public work, or for the construction, reconstruction, repair, maintenance, or operation of any public works or improvements, for which must be paid a sum exceeding $2,000, shall be awarded to the lowest responsible bidder after public advertisement and competition as may be prescribed by ordinance, but the manager shall have the right to reject all bids and advertise again. All advertisements as to contracts shall contain a reservation of the foregoing right. All contracts entered into by the municipality shall be signed by the manager after approval thereof by the commission.
History: En. Sec. 75, Ch. 121, L. 1923; re-en. Sec. 5520.76, R.C.M. 1935; amd. Sec. 1, Ch. 80, L. 1967; R.C.M. 1947, 11-3516.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1324. Alteration of contracts

7-3-1324. Alteration of contracts.
When it becomes necessary in the opinion of the manager to make alterations or modifications in any contract entered into by the municipality, such alterations shall be made only when authorized by the commission upon the written recommendation of the manager. No such alteration shall be valid unless the new price to be paid for any supplies, material, or work under the altered or modified contract shall have been agreed upon in writing and signed by the contractor and the manager prior to such authorization by the commission.
History: En. Sec. 76, Ch. 121, L. 1923; re-en. Sec. 5520.77, R.C.M. 1935; R.C.M. 1947, 11-3517.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1325. Energy performance contracts exempt

7-3-1325. Energy performance contracts exempt.
This part does not apply to solicitation and award of an investment-grade energy audit or energy performance contract pursuant to Title 90, chapter 4, part 11, or to the construction or installation of conservation measures pursuant to the energy performance contract.
History: En. Sec. 6, Ch. 344, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1331. Department of public works

7-3-1331. Department of public works.
(1) The department of public works is in the charge of a director who:
(a) shall manage and must have charge of the construction, repair, improvement, and maintenance of all:
(i) public buildings;
(ii) roads, streets, alleys, sidewalks, bridges, viaducts, and other public ways;
(iii) sewers, drains, ditches, culverts, streams, and watercourses; and
(iv) boulevards, parks, playgrounds, cemeteries, and other public places and grounds dedicated to public use;
(b) shall manage and control all:
(i) public cemeteries, crematories, market places or houses, garbage and sewage disposal plants, and farms; and
(ii) all public utilities belonging to the municipality or any subdivision of the municipality;
(c) must have charge of:
(i) the enforcement of the obligations to the municipality of all privately owned or operated public utilities enforceable by the municipality; and
(ii) the cleaning, sprinkling, and lighting of the streets and the collection and disposal of garbage and waste; and
(d) must be responsible for the making and preservation of all surveys, maps, plans, drawings, and estimates for each public work and for the preservation of contracts, papers, plans, tools, and appliances belonging to the municipality and pertaining to the functions of the department.
(2) The director of public works must have the qualifications prescribed by law for county surveyors. In addition to the duties required by part 12 or this part and required by the ordinances of the municipality, the director, either in person or through a deputy having the qualifications prescribed by law for county surveyors, shall perform the duties required of county surveyors by the laws of the state.
History: (1)En. Sec. 78, Ch. 121, L. 1923; re-en. Sec. 5520.79, R.C.M. 1935; Sec. 11-3519, R.C.M. 1947; (2)En. Sec. 79, Ch. 121, L. 1923; re-en. Sec. 5520.80, R.C.M. 1935; Sec. 11-3520, R.C.M. 1947; R.C.M. 1947, 11-3519, 11-3520; amd. Sec. 12, Ch. 262, L. 1979; amd. Sec. 354, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1332. Public works and improvements

7-3-1332. Public works and improvements.
(1) Any local public work may be done or any local public works or improvements may be constructed, reconstructed, repaired, maintained, or operated, either by contract or directly by the municipality, as may be determined by the commission. Before authorizing that any local public works or improvements be directly constructed, reconstructed, repaired, maintained, or operated, detailed plans and estimates for each such work or improvement shall be submitted to the commission by the manager, and there shall be separate accounting for each work or improvement so executed.
(2) The municipality shall have the same power and authority to create special improvement districts and for like purposes and to create special lighting districts and maintenance districts for cities and towns as provided by the laws of the state.
(3) The director of public works shall be the engineer in charge of all such work, works, or improvements. The provisions of the general law of the state regarding special improvement districts, special lighting districts, and maintenance districts in cities and towns shall apply to and control the establishment under this part of special improvement districts, special lighting districts, and maintenance districts in and for the municipality and the procedure according to which any local public work or the construction, reconstruction, repair, maintenance, or operation of any local public work or improvement is to be provided for when the cost thereof is to be paid in whole or in part by assessments upon the property within any such district, and such general law shall also apply to the manner of levying and collecting such assessments.
History: (1)En. Sec. 86, Ch. 121, L. 1923; re-en. Sec. 5520.87, R.C.M. 1935; Sec. 11-3527, R.C.M. 1947; (2)En. Sec. 87, Ch. 121, L. 1923; re-en. Sec. 5520.88, R.C.M. 1935; Sec. 11-3528, R.C.M. 1947; (3)En. Sec. 88, Ch. 121, L. 1923; re-en. Sec. 5520.89, R.C.M. 1935; Sec. 11-3529, R.C.M. 1947; R.C.M. 1947, 11-3527, 11-3528, 11-3529; amd. Sec. 1, Ch. 212, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1341. Department of law

7-3-1341. Department of law.
(1) The department of law is in the charge of a director appointed by the commission without definite term who must be a resident and elector of the municipality and who must possess all of the qualifications required of county attorneys.
(2) The director has all the powers and, either personally or through designated assistants, shall perform all the duties that are prescribed for county attorneys, city attorneys, and public administrators, and in addition, the director is chief legal adviser of and attorney for the municipality and of all departments and offices of the municipality. The director shall perform other duties that may be required by the commission.
(3) The director shall qualify by taking the oath of office prescribed by the constitution and by giving a bond in the amount required of a county public administrator. For all purposes in connection with criminal prosecutions, the director must be known and designated as "county attorney of the city and county of .....".
History: En. Sec. 44, Ch. 121, L. 1923; re-en. Sec. 5520.44, R.C.M. 1935; R.C.M. 1947, 11-3444; amd. Sec. 13, Ch. 262, L. 1979; amd. Sec. 355, Ch. 61, L. 2007; amd. Sec. 9, Ch. 128, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1342. City court

7-3-1342. City court.
(1) A city court is established in and for each municipality, with the jurisdiction, powers, and duties within the municipality provided by general law for city courts in cities and towns and for justices of the peace.
(2) The commission shall by ordinance determine the number of judges required for operation of the city court. City court judges are to be elected every 4 years in a nonpartisan election held in conjunction with the regularly scheduled general election. The term of office for city judge is 4 years.
(3) The qualifications to hold the office of city judge shall be set by ordinance by the commission. The ordinance shall be consistent with any rules adopted by the Montana supreme court on city judge qualifications.
(4) Whenever a vacancy occurs in the office of city judge, the commission shall appoint a qualified individual to serve for the remainder of the term. The compensation of the city judge or judges shall be fixed by the commission.
History: En. Sec. 85, Ch. 121, L. 1923; re-en. Sec. 5520.86, R.C.M. 1935; R.C.M. 1947, 11-3526; amd. Sec. 14, Ch. 262, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1343. Police department

7-3-1343. Police department.
(1) The police department is in the charge of a director, who shall be chief of the police force of the municipality. The director shall have the powers and perform the duties conferred on and required of sheriffs.
(2) Officers and patrol officers of the police department, subordinate to the director, have the powers and duties conferred on and required of police officers and patrol officers in cities and towns by the laws of this state and such powers and duties as may be conferred and required by the ordinances of the municipality. Police officers and patrol officers have the powers and duties conferred on and required of deputy sheriffs by the general laws of the state.
(3) For the purpose of serving and making return on all criminal and civil process, executing judgments, decrees, and orders of court, and making sales thereunder and returns thereof, the director shall be known and designated as Sheriff of the city and county of ...., and each police officer and patrol officer shall be known and designated as deputy sheriff.
History: En. Sec. 77, Ch. 121, L. 1923; re-en. Sec. 5520.78, R.C.M. 1935; amd. Sec. 1, Ch. 190, L. 1961; R.C.M. 1947, 11-3518(part); amd. Sec. 15, Ch. 262, L. 1979; amd. Sec. 1, Ch. 217, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1344. Prior rights of law enforcement officers

7-3-1344. Prior rights of law enforcement officers.
(1) A police officer employed by any police department established as required by law in any city or town of the county or a deputy sheriff employed by the county sheriff's office prior to the election and qualification of a commission under part 12 and this part has the same job tenure rights as though the election and qualification had not taken place.
(2) A police officer who has vested rights in a police retirement fund shall maintain prior vested rights in the fund upon its transfer to a consolidated county municipality. Any police retirement fund established as required by law in any city or town of the county prior to the election and qualification of a commission under part 12 and this part must be continued as a retirement fund for the police department of the municipality, subject, however, to the prior vested rights of a police officer employed by any police department established as required by law in any city or town of the county prior to the election and qualification of a commission under part 12 and this part.
(3) The board of trustees of the police retirement fund shall consist of the president, the director of finance, the director of law, and two members of the police department from the active list of the police officers of the municipality who must be selected by a majority vote of the members of the police department on the active list of the municipality. The selection must be made between May 1 and May 10 each year, and the active police officer members of the board shall serve overlapping 2-year terms.
(4) Except as provided in this section, the police retirement fund must be continued and administered in the manner prescribed by law for retirement funds established in cities and towns.
History: En. Sec. 77, Ch. 121, L. 1923; re-en. Sec. 5520.78, R.C.M. 1935; amd. Sec. 1, Ch. 190, L. 1961; R.C.M. 1947, 11-3518(part); amd. Sec. 1, Ch. 114, L. 1979; amd. Sec. 1, Ch. 93, L. 1995; amd. Sec. 2, Ch. 36, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1345. Fire department

7-3-1345. Fire department.
(1) The fire department of the municipality is in the charge of a director, who shall be chief thereof and who shall manage and control the department in the manner prescribed by the ordinances of the municipality.
(2) (a) Notwithstanding any other provision of law, the adoption of a consolidated county municipal government shall have no effect on the existence, rights, or duties of any voluntary fire department or fire district created and legally in existence pursuant to the provisions of parts 21 and 23 of chapter 33.
(b) Nothing in this part or part 12 shall be construed to prohibit the creation of voluntary fire departments or fire districts pursuant to the provisions of parts 21 and 23 of chapter 33 within consolidated county municipalities.
(c) Voluntary fire departments or fire districts within consolidated county municipalities may only be organized, created, supported, financed, dissolved, and managed and their boundaries may only be changed pursuant to the provisions of parts 21 and 23 of chapter 33. These organizations may enter mutual aid agreements as provided by 7-33-2108.
History: En. Sec. 82, Ch. 121, L. 1923; re-en. Sec. 5520.83, R.C.M. 1935; amd. Sec. 1, Ch. 191, L. 1961; amd. Sec. 2, Ch. 2, L. 1965; R.C.M. 1947, 11-3523; amd. Sec. 16, Ch. 262, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1346. Department of health

7-3-1346. Department of health.
The director of the department of health must be a physician legally authorized to practice medicine and surgery in Montana. Except as otherwise provided in part 12 or this part, the director of the department of health has the powers and shall perform the duties conferred on and required of coroners and county health officers and local health officers by the general laws of the state. The director also has other powers and shall perform other duties that may be prescribed by ordinance.
History: En. Sec. 80, Ch. 121, L. 1923; re-en. Sec. 5520.81, R.C.M. 1935; R.C.M. 1947, 11-3521; amd. Sec. 356, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1347. County board of health

7-3-1347. County board of health.
(1) The commission shall be the county board of health in and for the municipality, but in performing the duties and exercising the powers prescribed by law for such boards, the commission shall act by ordinance, resolution, or vote and according to the procedure prescribed by this part and part 12 to be followed when acting as commission of the municipality. It shall not be necessary to the validity of any such action for the commission to declare or for the records thereof to indicate that it is acting in other than its usual capacity.
(2) Regulations affecting the public health additional to those established by general law and for the violation of which penalties are imposed may be prescribed by ordinance and enforced as provided therein.
History: En. Sec. 81, Ch. 121, L. 1923; re-en. Sec. 5520.82, R.C.M. 1935; R.C.M. 1947, 11-3522.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 13. City-County Consolidation -- Option 2 Continued › 7-3-1348. Superintendent of schools

7-3-1348. Superintendent of schools.
The commission shall, by majority vote of all its members, appoint a municipal superintendent of schools to serve without definite term but subject to removal at the pleasure of the commission. The superintendent of schools for any district within the municipality may, with the consent of the trustees of that district, be appointed to serve as municipal superintendent. The compensation of the municipal superintendent must be fixed by the commission, and the superintendent has the powers and shall perform the duties prescribed for county superintendents of schools by the laws of the state.
History: En. Sec. 84, Ch. 121, L. 1923; re-en. Sec. 5520.85, R.C.M. 1935; R.C.M. 1947, 11-3525; amd. Sec. 357, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2101. Repealed

7-3-2101. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 2, Ch. 123, L. 1973; R.C.M. 1947, 16-5001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2102. Repealed

7-3-2102. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 3, Ch. 123, L. 1973; R.C.M. 1947, 16-5002.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2103. Repealed

7-3-2103. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 4, Ch. 123, L. 1973; R.C.M. 1947, 16-5003(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2104. Repealed

7-3-2104. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 4, Ch. 123, L. 1973; R.C.M. 1947, 16-5003(2); amd. Sec. 17, Ch. 262, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2105. Repealed

7-3-2105. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 5, Ch. 123, L. 1973; R.C.M. 1947, 16-5004.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2106. Repealed

7-3-2106. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 6, Ch. 123, L. 1973; R.C.M. 1947, 16-5005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2107. Repealed

7-3-2107. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 7, Ch. 123, L. 1973; R.C.M. 1947, 16-5006.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2108. Repealed

7-3-2108. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 8, Ch. 123, L. 1973; R.C.M. 1947, 16-5007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2109. Repealed

7-3-2109. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 9, Ch. 123, L. 1973; R.C.M. 1947, 16-5008; amd. Sec. 18, Ch. 262, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2110. Repealed

7-3-2110. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 10, Ch. 123, L. 1973; R.C.M. 1947, 16-5009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2111. Repealed

7-3-2111. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 12, Ch. 123, L. 1973; R.C.M. 1947, 16-5011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2112. Repealed

7-3-2112. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 11, Ch. 123, L. 1973; R.C.M. 1947, 16-5010(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2113. Repealed

7-3-2113. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 11, Ch. 123, L. 1973; R.C.M. 1947, 16-5010(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2114. Repealed

7-3-2114. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 13, Ch. 123, L. 1973; R.C.M. 1947, 16-5012.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2115. Repealed

7-3-2115. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 14, Ch. 123, L. 1973; R.C.M. 1947, 16-5013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2116. Repealed

7-3-2116. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 21, Ch. 123, L. 1973; R.C.M. 1947, 16-5018.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2117. Repealed

7-3-2117. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 22, Ch. 123, L. 1973; R.C.M. 1947, 16-5019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2131. Repealed

7-3-2131. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 15, Ch. 123, L. 1973; R.C.M. 1947, 16-5014.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2132. Repealed

7-3-2132. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 18, Ch. 123, L. 1973; R.C.M. 1947, 16-5015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2133. Repealed

7-3-2133. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 19, Ch. 123, L. 1973; R.C.M. 1947, 16-5016.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 21. Optional Forms of County Government (Repealed) › 7-3-2134. Repealed

7-3-2134. Repealed.
Sec. 1, Ch. 397, L. 1983.
History: En. Sec. 20, Ch. 123, L. 1973; R.C.M. 1947, 16-5017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 41. Strong Mayor Municipal Government › 7-3-4101. Strong mayor form of municipal government

7-3-4101. Strong mayor form of municipal government.
(1) The qualified electors of any city or town in this state may, in the manner provided in chapter 5, part 42, adopt an ordinance vesting any or all of the following powers with the office of mayor of the city or town:
(a) to appoint and remove, without consent of the council, all nonelective officers of the city or town;
(b) to exercise absolute control over all departments and divisions of the city or town created in this title or that may be created by the council;
(c) to appoint one or more administrative assistants to assist in the direction of the operations of the various city departments and agencies;
(d) to be solely responsible for the preparation of the annual budget in compliance with the procedures set forth in chapter 6, part 42;
(e) to appoint a budget and finance director whose functions include the preparation of the annual municipal budget under the direction of the mayor.
(2) If any ordinance duly adopted in accordance with this section is in conflict with 7-4-4114, 7-4-4303, 7-4-4305, 7-5-4102(1), 7-5-4122, 7-5-4205, and 7-5-4206, the provisions of this section prevail.
History: En. 11-802.1 by Sec. 1, Ch. 359, L. 1973; R.C.M. 1947, 11-802.1(part); amd. Sec. 8, Ch. 485, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 41. Strong Mayor Municipal Government › 7-3-4102. Relationship of administrative assistants and budget and finance director to mayor

7-3-4102. Relationship of administrative assistants and budget and finance director to mayor.
(1) The administrative assistants are answerable solely to the mayor.
(2) The budget and finance director is answerable solely to the mayor and serves at the mayor's pleasure.
History: En. 11-802.1 by Sec. 1, Ch. 359, L. 1973; R.C.M. 1947, 11-802.1(part); amd. Sec. 358, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 42. Municipal Commission Government › 7-3-4201. Definitions

7-3-4201. Definitions.
In the construction of this part, the following rules must be observed unless that construction would be inconsistent with the manifest intent or repugnant to the context of the statute:
(1) The words "council member" or "city council member" must be construed to mean "council member" when applied to cities under this part.
(2) The word "electors" must be construed to mean persons qualified to vote for elective offices at regular municipal elections.
(3) The words "franchise" and "right" include every special privilege in the streets, highways, and public places of the city, whether granted by the state or the city, that does not belong to citizens generally by common right.
(4) When an office or officer is named in any law referred to in this part, it must, when applied to cities under this part, be construed to mean the office or officer having the same function or duties under the provisions of this part or under ordinances passed under authority of this part.
History: En. Sec. 28, Ch. 57, L. 1911; re-en. Sec. 5393, R.C.M. 1921; re-en. Sec. 5393, R.C.M. 1935; R.C.M. 1947, 11-3131; amd. Sec. 359, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 42. Municipal Commission Government › 7-3-4202. Authorization for commission form of municipal government

7-3-4202. Authorization for commission form of municipal government.
Any city may abandon its organization and reorganize under the provisions of this part by proceeding as hereinafter provided.
History: En. Sec. 1, Ch. 57, L. 1911; re-en. Sec. 5366, R.C.M. 1921; re-en. Sec. 5366, R.C.M. 1935; R.C.M. 1947, 11-3101.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 42. Municipal Commission Government › 7-3-4203. Effect of part on other local government laws

7-3-4203. Effect of part on other local government laws.
All acts and parts of acts and all laws, not inconsistent with any of the provisions of this part, now in force or hereafter enacted relative to municipal corporations are hereby continued in full force and effect and shall be considered and construed as not repealed by this part except insofar as the same may be in conflict or inconsistent with the provisions of this part.
History: En. Sec. 34, Ch. 57, L. 1911; re-en. Sec. 5399, R.C.M. 1921; re-en. Sec. 5399, R.C.M. 1935; R.C.M. 1947, 11-3137.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 42. Municipal Commission Government › 7-3-4204. Laws governing city

7-3-4204. Laws governing city.
All laws governing cities of the first, second, and third classes and not inconsistent with the provisions of this part shall apply to and govern cities organized under this part. All bylaws, ordinances, and resolutions lawfully passed and in force in any such city under its former organization shall remain in force until altered or repealed by the council elected under the provisions of this part.
History: En. Sec. 8, Ch. 57, L. 1911; re-en. Sec. 5373, R.C.M. 1921; re-en. Sec. 5372, R.C.M. 1935; R.C.M. 1947, 11-3108(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 42. Municipal Commission Government › 7-3-4205. City to be governed by mayor and council members

7-3-4205. City to be governed by mayor and council members.
Each city must be governed by a mayor and council members, as provided in 7-3-4215, each of whom has the right to vote on all questions coming before the council.
History: En. Sec. 15, Ch. 57, L. 1911; re-en. Sec. 5380, R.C.M. 1921; re-en. Sec. 5380, R.C.M. 1935; R.C.M. 1947, 11-3117; amd. Sec. 360, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 42. Municipal Commission Government › 7-3-4206. Territorial limits and property

7-3-4206. Territorial limits and property.
The territorial limits of such city shall remain the same as under the former organization, and all rights and property of every description which were vested in any such city under its former organization shall vest in the same under the organization herein contemplated, and no right or liability either in favor of or against it existing at the time and no suit or prosecution of any kind shall be affected by such change unless otherwise provided for in this part.
History: En. Sec. 8, Ch. 57, L. 1911; re-en. Sec. 5373, R.C.M. 1921; re-en. Sec. 5372, R.C.M. 1935; R.C.M. 1947, 11-3108(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 3. Alternative Forms of Local Government › Part 42. Municipal Commission Government › 7-3-4207. Requirements of petitions

7-3-4207. Requirements of petitions.
Petitions provided for in this part must be signed by only legal voters of the city. Each petition must contain, in addition to the names of the petitioners, the street and house number in which the petitioner resides and the petitioner's length of residence in the city. The petition must also be accompanied by the affidavit of one or more legal voters of the city stating that the signers of the petition were, at the time of signing, legal voters of the city and the number of signers at the time that the affidavit was made.
History: En. Sec. 33, Ch. 57, L. 1911; re-en. Sec. 5398, R.C.M. 1921; re-en. Sec. 5398, R.C.M. 1935; amd. Sec. 2, Ch. 105, L. 1951; R.C.M. 1947, 11-3136; amd. Sec. 361, Ch. 61, L. 2007.