reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4507. Sale of bonds

7-15-4507. Sale of bonds.
(1) Any bonds issued by the authority may be sold at public or private sale as determined by the authority pursuant to 17-5-107. If the authority conducts a public sale, the bonds may be sold after notice published once at least 10 days prior to the sale in a newspaper having a general circulation in the city and in a financial newspaper.
(2) The bonds may be sold at private sale pursuant to 17-5-107 without any public advertisement.
(3) The bonds may be sold at a price or prices as determined by the authority.
History: En. Sec. 15, Ch. 140, L. 1935; re-en. Sec. 5309.15, R.C.M. 1935; amd. Sec. 37, Ch. 234, L. 1971; R.C.M. 1947, 35-115(part); amd. Sec. 19, Ch. 253, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4508. Purchase of bonds by housing authority

7-15-4508. Purchase of bonds by housing authority.
(1) The authority shall have power out of any funds available therefor to purchase any bonds issued by it at a price not more than the principal amount thereof and the accrued interest; provided, however, that bonds payable exclusively from the revenues of a designated project or projects shall be purchased out of any such revenues available therefor. All bonds so purchased shall be canceled.
(2) This section shall not apply to the redemption of bonds.
History: En. Sec. 15, Ch. 140, L. 1935; re-en. Sec. 5309.15, R.C.M. 1935; amd. Sec. 37, Ch. 234, L. 1971; R.C.M. 1947, 35-115(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4509. Interim certificates

7-15-4509. Interim certificates.
Pending the authorization, preparation, execution, or delivery of definitive bonds, the authority may issue interim certificates or other temporary obligations to the purchaser of such bonds. Such interim certificates or other temporary obligations shall be in such form; contain such terms, conditions, and provisions; bear such date or dates; and evidence such agreements relating to their discharge or payment or the delivery of definitive bonds as the authority may by resolution, trust indenture, or mortgage determine.
History: En. Sec. 15, Ch. 140, L. 1935; re-en. Sec. 5309.15, R.C.M. 1935; amd. Sec. 37, Ch. 234, L. 1971; R.C.M. 1947, 35-115(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4510. Validity and sufficiency of signatures on bonds

7-15-4510. Validity and sufficiency of signatures on bonds.
In case any of the officers whose signatures appear on any bonds or coupons shall cease to be such officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes the same as if they had remained in office until such delivery.
History: En. Sec. 15, Ch. 140, L. 1935; re-en. Sec. 5309.15, R.C.M. 1935; amd. Sec. 37, Ch. 234, L. 1971; R.C.M. 1947, 35-115(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4511. Creation of special funds

7-15-4511. Creation of special funds.
In connection with the issuance of bonds and/or the incurring of any obligation under a lease and in order to secure the payment of such bonds and/or obligations, the authority shall have power to:
(1) create or authorize the creation of special funds in which there shall be segregated:
(a) the proceeds of any loan and/or grant;
(b) all of the rents, fees, and revenues of any housing project or projects or parts thereof;
(c) any money held for the payment of the costs of operation and maintenance of any such housing projects or as a reserve for the meeting of contingencies in the operation and maintenance thereof;
(d) any money held for the payment of the principal and interest on its bonds or the sums due under its leases and/or as a reserve for such payments; and
(e) any money held for any other reserves or contingencies; and
(2) covenant as to the use and disposal of the money held in such funds.
History: En. Sec. 16, Ch. 140, L. 1935; re-en. Sec. 5309.16, R.C.M. 1935; R.C.M. 1947, 35-116(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4512. Security for money deposited by housing authority

7-15-4512. Security for money deposited by housing authority.
(1) The authority may by resolution provide that all money deposited by it shall be secured by:
(a) obligations of the United States or of the state of a market value equal at all times to the amount of such deposits;
(b) any securities in which savings banks may legally invest funds within their control; or
(c) an undertaking with such sureties as shall be approved by the authority to faithfully keep and pay over upon the order of the authority any such deposits and agreed interest thereon.
(2) All banks and trust companies are authorized to give any such security for such deposits.
History: En. Sec. 24, Ch. 140, L. 1935; re-en. Sec. 5309.24, R.C.M. 1935; R.C.M. 1947, 35-124.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4521. General powers related to bonds and lease obligations

7-15-4521. General powers related to bonds and lease obligations.
(1) In connection with the issuance of bonds and/or the incurring of any obligation under a lease and in order to secure the payment of such bonds and/or obligations, the authority shall have power to:
(a) execute all instruments necessary or convenient in the exercise of the powers herein granted or in the performance of its covenants or duties, which may contain such covenants and provisions, in addition to those specified in 7-15-4506, 7-15-4511, and 7-15-4521 through 7-15-4528, as the government or any purchaser of the bonds of the authority may reasonably require;
(b) make such covenants and do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds or, in the absolute discretion of the authority, tend to make the bonds more marketable, notwithstanding that such covenants, acts, or things may not be enumerated herein;
(c) make covenants, other than in addition to the covenants expressly authorized in this part or part 44, of like or different character.
(2) It is the intention of subsection (1)(b) hereof to give the authority power to do all things in the issuance of bonds, in the provisions for their security, that are not inconsistent with the constitution of the state, and no consent or approval of any judge or court shall be required thereof; provided, however, that the authority shall have no power to mortgage all or any part of its real or personal property except as provided in 7-15-4526.
History: En. Sec. 16, Ch. 140, L. 1935; re-en. Sec. 5309.16, R.C.M. 1935; R.C.M. 1947, 35-116(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4522. Redemption of bonds

7-15-4522. Redemption of bonds.
In connection with the issuance of bonds and/or the incurring of any obligation under a lease and in order to secure the payment of such bonds and/or obligations, the authority shall have power to redeem the bonds and covenant for their redemption and provide the terms and conditions thereof.
History: En. Sec. 16, Ch. 140, L. 1935; re-en. Sec. 5309.16, R.C.M. 1935; R.C.M. 1947, 35-116(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4523. Amendment or abrogation of bond contracts

7-15-4523. Amendment or abrogation of bond contracts.
In connection with the issuance of bonds and/or the incurring of any obligation under a lease and in order to secure the payment of such bonds and/or obligations, the authority shall have power to prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given.
History: En. Sec. 16, Ch. 140, L. 1935; re-en. Sec. 5309.16, R.C.M. 1935; R.C.M. 1947, 35-116(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4524. Bond provisions related to determination and use of rents and fees

7-15-4524. Bond provisions related to determination and use of rents and fees.
In connection with the issuance of bonds and/or the incurring of any obligation under a lease and in order to secure the payment of such bonds and/or obligations, the authority shall have power to:
(1) pledge by resolution, trust indenture, mortgage (subject to the limitations imposed in this part), or other contract all or any part of its rents, fees, or revenues;
(2) covenant against pledging all or any part of its rents, fees, and revenues to which its right then exists or the right to which may thereafter come into existence or against permitting or suffering any lien thereon;
(3) covenant as to the rents and fees to be charged, as to the amount (calculated as may be determined) to be raised each year or other period of time by rents, fees, and other revenues, and as to the use and disposition to be made thereof.
History: En. Sec. 16, Ch. 140, L. 1935; re-en. Sec. 5309.16, R.C.M. 1935; R.C.M. 1947, 35-116(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4525. Bond provisions related to management and use of property

7-15-4525. Bond provisions related to management and use of property.
In connection with the issuance of bonds and/or the incurring of any obligation under a lease and in order to secure the payment of such bonds and/or obligations, the authority shall have power to:
(1) covenant against mortgaging all or any part of its real or personal property, then owned or thereafter acquired, or against permitting or suffering any lien thereon;
(2) covenant with respect to limitations on its right to sell, lease, or otherwise dispose of any housing project or any part thereof or with respect to limitations on its right to undertake additional housing projects;
(3) provide for the release of property, rents, fees, and revenues from any pledge or mortgage and reserve rights and powers in or the right to dispose of property which is subject to a pledge or mortgage;
(4) covenant that the authority warrants the title to the premises;
(5) covenant as to the use of any or all of its real or personal property;
(6) covenant as to the maintenance of its property, the replacement thereof, the insurance to be carried thereon, and the use and disposition of insurance money.
History: En. Sec. 16, Ch. 140, L. 1935; re-en. Sec. 5309.16, R.C.M. 1935; R.C.M. 1947, 35-116(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4526. Power to mortgage property when government financing involved

7-15-4526. Power to mortgage property when government financing involved.
(1) In connection with any project financed in whole or in part by a government, the authority shall also have power to mortgage all or any part of its real or personal property, then owned or thereafter acquired, and thereby:
(a) to vest in a government the right, upon the happening of an event of default (as defined in such mortgage), to foreclose such mortgage through judicial proceedings or through the exercise of a power of sale without judicial proceedings so long as a government shall be the holder of any of the bonds secured by such mortgage;
(b) to vest in a trustee or trustees the right, upon the happening of an event of default (as defined in such mortgage), to foreclose such mortgage through judicial proceedings or through the exercise of a power of sale without judicial proceedings, but only with the consent of the government which aided in financing the housing project involved;
(c) to vest in other obligees the right to foreclose such mortgage by judicial proceedings, but only with the consent of the government which aided in financing the project involved;
(d) to vest in an obligee, including a government, the right in foreclosing any mortgage as aforesaid, to foreclose such mortgage as to all or such part or parts of the property covered thereby as such obligee in its absolute discretion shall elect.
(2) The institution, prosecution, and conclusion of any foreclosure proceedings authorized by subsection (1)(d) and/or the sale of any such parts of the mortgaged property shall not affect in any manner or to any extent the lien of the mortgage on the parts of the mortgaged property not included in such proceedings or not sold as aforesaid.
History: En. Sec. 17, Ch. 140, L. 1935; re-en. Sec. 5309.17, R.C.M. 1935; R.C.M. 1947, 35-117.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4527. Provisions related to breach or default on bonds and bond covenants

7-15-4527. Provisions related to breach or default on bonds and bond covenants.
In connection with the issuance of bonds and/or the incurring of any obligation under a lease and in order to secure the payment of such bonds and/or obligations, the authority shall have power to:
(1) covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation;
(2) vest in an obligee of the authority the right, in the event of the failure of the authority to observe or perform any covenant to be kept or performed on its part, to cure any such default and to advance any money necessary for such purpose, and the money so advanced may be made an additional obligation of the authority with such interest, security, and priority as may be provided in any trust indenture, mortgage, lease, or contract of the authority with reference thereto;
(3) covenant and prescribe as to the events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;
(4) covenant to surrender possession of all or any part of any housing project or projects upon the happening of an event of default (as defined in the contract) and to vest in an obligee the right, without judicial proceedings, to take possession and to use, operate, manage, and control such housing projects or any part thereof and to collect and receive all rents, fees, and revenues arising therefrom in the same manner as the authority itself might do and to dispose of the money collected in accordance with the agreement of the authority with such obligee.
History: En. Sec. 16, Ch. 140, L. 1935; re-en. Sec. 5309.16, R.C.M. 1935; R.C.M. 1947, 35-116(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4528. Use of bond trustee

7-15-4528. Use of bond trustee.
In connection with the issuance of bonds or the incurring of any obligation under a lease and in order to secure the payment of the bonds or obligations, the authority may:
(1) vest in a trustee the right to enforce any covenant made to secure the payment of the bonds or obligations;
(2) provide for the powers and duties of the trustee and limit the trustee's liabilities; and
(3) provide the terms and conditions upon which the trustee or a designated proportion of the holders of bonds may enforce any covenant.
History: En. Sec. 16, Ch. 140, L. 1935; re-en. Sec. 5309.16, R.C.M. 1935; R.C.M. 1947, 35-116(part); amd. Sec. 24, Ch. 253, L. 1979; amd. Sec. 625, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4529. General remedies of an obligee of a housing authority

7-15-4529. General remedies of an obligee of a housing authority.
An obligee of the authority shall have the right, in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:
(1) by mandamus, suit, action, or proceeding in law or equity (all of which may be joined in one action), to compel the authority and the commissioners, officers, agents, or employees thereof to perform each and every term, provision, and covenant contained in any contract of the authority and to require the carrying out of any or all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by this part or part 44;
(2) by suit, action, or proceeding in equity, to enjoin any acts or things which may be unlawful or the violation of any of the rights of such obligee of the authority;
(3) by suit, action, or proceeding in any court of competent jurisdiction, to cause possession of any housing project or any part thereof to be surrendered to any obligee having the right to such possession pursuant to any contract of the authority.
History: En. Sec. 18, Ch. 140, L. 1935; re-en. Sec. 5309.18, R.C.M. 1935; R.C.M. 1947, 35-118.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4530. Special remedies of an obligee resulting from mortgage or trust indenture

7-15-4530. Special remedies of an obligee resulting from mortgage or trust indenture.
(1) An authority may by its trust indenture, mortgage, lease, or other contract confer upon an obligee holding or representing a specified amount in bonds, leases, or other obligations the right, upon the happening of an event of default as defined in the instrument:
(a) by suit, action, or proceeding in any court of competent jurisdiction, to obtain the appointment of a receiver of a housing project of the authority or any part of a project;
(b) by suit, action, or proceeding in any court of competent jurisdiction, to require the authority and the commissioners to account as if it and they were the trustees of an express trust.
(2) If a receiver is appointed pursuant to subsection (1)(a), the receiver may enter and take possession of the housing project or any part of the project, may operate and maintain the project, and may collect and receive all fees, rents, revenue, or other charges arising from the project in the same manner as the authority itself might do. The receiver shall keep the money in a separate account or accounts and apply the money in accordance with the obligations of the authority as the court directs.
History: En. Sec. 19, Ch. 140, L. 1935; re-en. Sec. 5309.19, R.C.M. 1935; R.C.M. 1947, 35-119; amd. Sec. 626, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4531. Remedies of obligees to be cumulative

7-15-4531. Remedies of obligees to be cumulative.
All the rights and remedies hereinabove conferred shall be cumulative and in addition to all other rights and remedies that may be conferred upon such obligee of the authority by law or by any contract with the authority.
History: En. Sec. 20, Ch. 140, L. 1935; re-en. Sec. 5309.20, R.C.M. 1935; R.C.M. 1947, 35-120.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 45. Municipal Housing Authorities Continued › 7-15-4532. Limitations on remedies of obligees

7-15-4532. Limitations on remedies of obligees.
(1) No interest of the authority in any real or personal property shall be subject to sale by the foreclosure of a mortgage thereon, either through judicial proceedings or the exercise of a power of sale contained in such mortgage, except in the case of the mortgages provided for in 7-15-4526.
(2) All property of the authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same. No judgment against the authority shall be a charge or lien upon its real or personal property.
(3) The provisions of this section shall not apply to or limit the right of obligees to foreclose any mortgage of the authority provided for in 7-15-4526 and, in case of a foreclosure sale thereunder, to obtain a judgment or decree for any deficiency due on the indebtedness secured thereby and issued on the credit of the authority. Such deficiency judgment or decree shall be a lien and charge upon the property of the authority which may be levied on and sold by virtue of an execution or other judicial process for the purpose of satisfying such deficiency judgment or decree.
History: En. Sec. 21, Ch. 140, L. 1935; re-en. Sec. 5309.21, R.C.M. 1935; R.C.M. 1947, 35-121.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 1. General Provisions Affecting Local Governments › 7-16-101. Creation of funds for recreational and other activities of elderly by local governments

7-16-101. Creation of funds for recreational and other activities of elderly by local governments.
(1) Subject to 15-10-420, the governing body of a city, county, town, or municipality may in its discretion establish a fund to promote, establish, and maintain recreational, educational, and other activities of the elderly by a levy on taxable property. The tax levy is in addition to all other tax levies.
(2) The governing body may, by resolution, make expenditures from the fund as it may from time to time determine. Expenditures must be made for the promotion and development of recreational, educational, and other activities of the elderly, including motivation of the use of the talents of the elderly.
(3) The governing body may make payment of expenditures to nonprofit corporations or associations engaged in aiding the activities.
History: En. Sec. 1, Ch. 380, L. 1971; R.C.M. 1947, 71-1701; amd. Sec. 48, Ch. 584, L. 1999; amd. Sec. 57, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 1. General Provisions Affecting Local Governments › 7-16-102. Use of county lands for public parks and recreational grounds

7-16-102. Use of county lands for public parks and recreational grounds.
(1) The county commissioners of any county in Montana are hereby authorized to convey to the state of Montana or to any city or town in Montana or to the United States of America any tract of county-owned land, not exceeding 1,280 acres, to be used for the establishment and maintenance of a park or recreational grounds.
(2) The conveyance is subject to the provisions of 7-8-102.
History: En. Sec. 1, Ch. 139, L. 1935; re-en. Sec. 4487.1, R.C.M. 1935; amd. Sec. 1, Ch, 48, L. 1961; amd. Sec. 1, Ch. 7, L. 1977; R.C.M. 1947, 16-1131(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 21. General Provisions Affecting County Government › 7-16-2101. Construction and maintenance of county cultural, social, and recreational facilities

7-16-2101. Construction and maintenance of county cultural, social, and recreational facilities.
The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to cause a civic center, a youth center, park buildings, museums, recreation centers, and any combination thereof to be erected, furnished, and maintained.
History: En. Subd. 9, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.8, R.C.M. 1935; amd. Sec. 1, Ch. 56, L. 1947; amd. Secs. 1, 2, Ch. 238, L. 1947; amd. Secs. 1, 2, Ch. 5, L. 1949; amd. Sec. 1, Ch. 76, L. 1957; amd. Sec. 1, Ch. 150, L. 1959; amd. Sec. 1, Ch. 130, L. 1973; R.C.M. 1947, 16-1008A(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 21. General Provisions Affecting County Government › 7-16-2102. Authorization for tax levy for parks and certain cultural, social, and recreational facilities

7-16-2102. Authorization for tax levy for parks and certain cultural, social, and recreational facilities.
(1) Subject to 15-10-420, the board of county commissioners may annually levy on the taxable property of the county, in the same manner and at the same time as other county taxes are levied, a tax for the purpose of maintaining, operating, and equipping parks, cultural facilities, and any county-owned civic center, youth center, recreation center, recreational complex, or any combination of purposes, parks, and facilities.
(2) (a) The board of county commissioners shall submit the question of imposing or the continued imposition of the property tax mill levy provided in subsection (1) to the electors of the county if a petition requesting an election, signed by at least 15% of the resident taxpayers of the county, is filed with the county clerk. The petition must be filed with the county clerk at least 90 days prior to the date of the election.
(b) The question must be submitted as provided in 15-10-425.
(c) The board of county commissioners shall levy the tax if the question for the imposition of the tax is approved by a majority of the electors voting on the question.
(3) All laws applicable to the collection of county taxes apply to the collection of the tax provided for in this section.
History: En. Sec. 1, Ch. 45, L. 1955; amd. Sec. 1, Ch. 26, L. 1973; R.C.M. 1947, 16-1179(part); amd. Sec. 1, Ch. 639, L. 1985; amd. Sec. 49, Ch. 584, L. 1999; amd. Sec. 17, Ch. 495, L. 2001; amd. Sec. 58, Ch. 574, L. 2001; amd. Sec. 159, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 21. General Provisions Affecting County Government › 7-16-2103. Establishment of fund

7-16-2103. Establishment of fund.
(1) All funds derived from the tax authorized by 7-16-2102 constitute a separate fund deposited with the county treasurer. The fund shall not be used for any purposes except for county parks and any civic center, cultural facility, youth center, recreation center, recreational complex, or any combination thereof.
(2) All claims against such separate fund shall be presented and acted upon in the same manner as are all other claims against the county.
History: En. Sec. 1, Ch. 45, L. 1955; amd. Sec. 1, Ch. 26, L. 1973; R.C.M. 1947, 16-1179(part); amd. Sec. 2, Ch. 639, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 21. General Provisions Affecting County Government › 7-16-2104. Multicounty youth guidance centers

7-16-2104. Multicounty youth guidance centers.
Two or more counties of this state may, through action of their respective boards of county commissioners, join together by contract in the establishment of a joint county youth guidance center. The cost and expenses of such joint county youth guidance center shall be apportioned between or among the contracting counties on such a basis as to be agreed upon by said contracting counties.
History: En. Sec. 1, Ch. 24, L. 1961; R.C.M. 1947, 16-1008B.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 21. General Provisions Affecting County Government › 7-16-2105. Acquisition of land by county for public recreational or cultural purposes

7-16-2105. Acquisition of land by county for public recreational or cultural purposes.
A county may acquire, by purchase, grant, deed, gift, or devise, lands suitable for public camping, public recreational purposes, civic centers, youth centers, museums, recreational centers, and any combination of the enumerated uses. A county may lease the land tracts, each of which must be situated so that it offers ready access to a public highway.
History: En. Sec. 1, Ch. 51, L. 1929; re-en. Sec. 4444.1, R.C.M. 1935; amd. Secs. 1, 2, Ch. 239, L. 1947; R.C.M. 1947, 62-101; amd. Sec. 9, Ch. 543, L. 1995; amd. Sec. 38, Ch. 42, L. 1997; amd. Sec. 25, Ch. 125, L. 2001; amd. Sec. 31, Ch. 286, L. 2009; amd. Sec. 2, Ch. 238, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 21. General Provisions Affecting County Government › 7-16-2106. Limitation on use of lands

7-16-2106. Limitation on use of lands.
All tracts of land acquired under 7-16-2105 shall be set aside and used exclusively for public camping and recreational purposes, and each park so established shall be given an appropriate name or number.
History: En. Sec. 2, Ch. 51, L. 1929; amd. Sec. 1, Ch. 137, L. 1935; re-en. Sec. 4444.2, R.C.M. 1935; amd. Sec. 1, Ch. 129, L. 1943; amd. Sec. 1, Ch. 115, L. 1945; amd. Sec. 1, Ch. 229, L. 1959; amd. Sec. 1, Ch. 75, L. 1974; R.C.M. 1947, 62-102(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 21. General Provisions Affecting County Government › 7-16-2107. Expenditures for county parks

7-16-2107. Expenditures for county parks.
Except as otherwise provided by law, there are no restrictions on expenditures for the purpose of acquiring, maintaining, and equipping county parks.
History: En. Sec. 2, Ch. 51, L. 1929; amd. Sec. 1, Ch. 137, L. 1935; re-en. Sec. 4444.2, R.C.M. 1935; amd. Sec. 1, Ch. 129, L. 1943; amd. Sec. 1, Ch. 115, L. 1945; amd. Sec. 1, Ch. 229, L. 1959; amd. Sec. 1, Ch. 75, L. 1974; R.C.M. 1947, 62-102(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 21. General Provisions Affecting County Government › 7-16-2108. Authorization to levy tax and establish fund for establishment and maintenance of programs and employee training for day-care facilities

7-16-2108. Authorization to levy tax and establish fund for establishment and maintenance of programs and employee training for day-care facilities.
(1) Subject to 15-10-420, the governing body of a county, city, town, or municipality may establish a fund to establish and maintain programs for the operation of licensed day-care centers and homes within the geographic boundaries of the governing body by a levy on the taxable property within the county, city, town, or municipality. The tax levy is in addition to all other tax levies.
(2) The governing body may, by resolution, make expenditures from the fund as it may from time to time determine, provided that expenditures must be made solely for the establishment, maintenance, and development of programs for and training of operators and employees of day-care centers and homes.
History: En. Sec. 1, Ch. 244, L. 1983; amd. Sec. 50, Ch. 584, L. 1999; amd. Sec. 59, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 21. General Provisions Affecting County Government › 7-16-2109. Single assessment for county fair activities, county parks, and certain cultural, social, and recreational facilities -- restriction

7-16-2109. Single assessment for county fair activities, county parks, and certain cultural, social, and recreational facilities -- restriction.
(1) Subject to 15-10-420 and except as provided in subsection (2) of this section, the county commissioners of a county that has levied taxes pursuant to 7-16-2102 may combine that levy with any fees assessed in accordance with 7-11-1024 into a single assessment for the purpose of maintaining, operating, and equipping county fair activities, county parks, cultural facilities, and any county-owned civic center, youth center, recreation center, recreational complex, or any combination of purposes, activities, and facilities. The money collected may be distributed among the activities and facilities as determined by the county commissioners.
(2) (a) The board of county commissioners shall submit the question of imposing or continuing the imposition of the single assessment provided for in subsection (1) to the electors of the county if a petition requesting a vote on the single assessment, signed by at least 15% of the resident taxpayers of the county, is filed with the county clerk and recorder at least 90 days prior to the date of the election.
(b) The question must be submitted as provided in 15-10-425.
(c) The board of county commissioners shall collect the assessment if the imposition or continued imposition of the single assessment is approved by a majority of the electors voting on the question.
History: En. Sec. 1, Ch. 48, L. 1993; amd. Sec. 51, Ch. 584, L. 1999; amd. Sec. 18, Ch. 495, L. 2001; amd. Sec. 60, Ch. 574, L. 2001; amd. Sec. 32, Ch. 286, L. 2009; amd. Sec. 160, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 21. General Provisions Affecting County Government › 7-16-2121. Temporary permit for operation of out-of-state motorboat -- violation -- penalty -- disposition of proceeds

7-16-2121. Temporary permit for operation of out-of-state motorboat -- violation -- penalty -- disposition of proceeds.
(1) A temporary permit may be required by a county for operation of a motorboat on waters within the county if the motorboat is from a state that requires a similar temporary permit for operation in that state of a motorboat licensed in Montana. The permit may be purchased from the county for a fee of $10. When properly affixed to the motorboat, such permit authorizes the operation of the motorboat for a period of 30 days within the county. The county shall provide reasonable notice of the permit requirement and shall make the permits available to the public.
(2) The temporary permit must be issued in the form of a decal that must denote the time during which it is valid. The decal must be conspicuously displayed on the motorboat during all times of operation.
(3) A person who operates a motorboat in violation of 23-2-511(1)(c) or this section is guilty of a misdemeanor and shall be fined no more than $50.
(4) All proceeds received by the county from payment of the permit fee must be used in enforcing compliance with the temporary permit and developing and maintaining public boating access and facilities.
History: En. Sec. 2, Ch. 118, L. 1987.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 22. County Museums, Facilities for the Arts, and Museum Districts (Repealed) › 7-16-2201. Repealed

7-16-2201. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 1, Ch. 17, L. 1945; amd. Sec. 1, Ch. 173, L. 1975; R.C.M. 1947, 16-1163(part); amd. Sec. 1, Ch. 313, L. 1989; amd. Sec. 2, Ch. 217, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 22. County Museums, Facilities for the Arts, and Museum Districts (Repealed) › 7-16-2202. Repealed

7-16-2202. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 1, Ch. 17, L. 1945; amd. Sec. 1, Ch. 173, L. 1975; R.C.M. 1947, 16-1163(part); amd. Sec. 1, Ch. 455, L. 1985; amd. Sec. 2, Ch. 313, L. 1989; amd. Sec. 1, Ch. 440, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 22. County Museums, Facilities for the Arts, and Museum Districts (Repealed) › 7-16-2203. Repealed

7-16-2203. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 3, Ch. 17, L. 1945; R.C.M. 1947, 16-1165(part); amd. Sec. 3, Ch. 313, L. 1989; amd. Sec. 1, Ch. 681, L. 1991; amd. Sec. 10, Ch. 543, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 22. County Museums, Facilities for the Arts, and Museum Districts (Repealed) › 7-16-2204. Repealed

7-16-2204. Repealed.
Sec. 25, Ch. 543, L. 1995.
History: En. Sec. 3, Ch. 17, L. 1945; R.C.M. 1947, 16-1165(part); amd. Sec. 4, Ch. 313, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 22. County Museums, Facilities for the Arts, and Museum Districts (Repealed) › 7-16-2205. Repealed

7-16-2205. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 2, Ch. 17, L. 1945; amd. Sec. 2, Ch. 173, L. 1975; R.C.M. 1947, 16-1164; amd. Sec. 1, Ch. 294, L. 1983; amd. Sec. 2, Ch. 455, L. 1985; amd. Sec. 5, Ch. 313, L. 1989; amd. Sec. 2, Ch. 440, L. 1993; amd. Sec. 52, Ch. 584, L. 1999; amd. Sec. 61, Ch. 574, L. 2001; amd. Sec. 13, Ch. 505, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 22. County Museums, Facilities for the Arts, and Museum Districts (Repealed) › 7-16-2211. Repealed

7-16-2211. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 1, Ch. 505, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 22. County Museums, Facilities for the Arts, and Museum Districts (Repealed) › 7-16-2212. Repealed

7-16-2212. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 2, Ch. 505, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 22. County Museums, Facilities for the Arts, and Museum Districts (Repealed) › 7-16-2213. Repealed

7-16-2213. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 3, Ch. 505, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 22. County Museums, Facilities for the Arts, and Museum Districts (Repealed) › 7-16-2214. Repealed

7-16-2214. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 4, Ch. 505, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 22. County Museums, Facilities for the Arts, and Museum Districts (Repealed) › 7-16-2215. Repealed

7-16-2215. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 5, Ch. 505, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 22. County Museums, Facilities for the Arts, and Museum Districts (Repealed) › 7-16-2216. Repealed

7-16-2216. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 6, Ch. 505, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 22. County Museums, Facilities for the Arts, and Museum Districts (Repealed) › 7-16-2217. Repealed

7-16-2217. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 7, Ch. 505, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 22. County Museums, Facilities for the Arts, and Museum Districts (Repealed) › 7-16-2218. Repealed

7-16-2218. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 8, Ch. 505, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 22. County Museums, Facilities for the Arts, and Museum Districts (Repealed) › 7-16-2219. Repealed

7-16-2219. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 9, Ch. 505, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 23. County Board of Park Commissioners › 7-16-2301. Authorization for county board of park commissioners

7-16-2301. Authorization for county board of park commissioners.
There may be created in each county a board of park commissioners subject to the provisions of 7-1-201 through 7-1-203.
History: En. Sec. 1, Ch. 306, L. 1967; amd. Sec. 1, Ch. 290, L. 1971; R.C.M. 1947, 16-4801(part); amd. Sec. 11, Ch. 543, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 23. County Board of Park Commissioners › 7-16-2302. Repealed

7-16-2302. Repealed.
Sec. 25, Ch. 543, L. 1995.
History: En. Sec. 1, Ch. 306, L. 1967; amd. Sec. 1, Ch. 290, L. 1971; R.C.M. 1947, 16-4801(part); amd. Sec. 2, Ch. 681, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 23. County Board of Park Commissioners › 7-16-2303. Repealed

7-16-2303. Repealed.
Sec. 25, Ch. 543, L. 1995.
History: En. Sec. 1, Ch. 306, L. 1967; amd. Sec. 1, Ch. 290, L. 1971; R.C.M. 1947, 16-4801(part); amd. Sec. 3, Ch. 681, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 23. County Board of Park Commissioners › 7-16-2304. Repealed

7-16-2304. Repealed.
Sec. 8, Ch. 681, L. 1991.
History: En. Sec. 1, Ch. 306, L. 1967; amd. Sec. 1, Ch. 290, L. 1971; R.C.M. 1947, 16-4801(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 23. County Board of Park Commissioners › 7-16-2305. Repealed

7-16-2305. Repealed.
Sec. 25, Ch. 543, L. 1995.
History: En. Sec. 4, Ch. 306, L. 1967; amd. Sec. 3, Ch. 290, L. 1971; R.C.M. 1947, 16-4804(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 23. County Board of Park Commissioners › 7-16-2306. Repealed

7-16-2306. Repealed.
Sec. 25, Ch. 543, L. 1995.
History: En. Sec. 4, Ch. 306, L. 1967; amd. Sec. 3, Ch. 290, L. 1971; R.C.M. 1947, 16-4804(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 23. County Board of Park Commissioners › 7-16-2307. Repealed

7-16-2307. Repealed.
Sec. 25, Ch. 543, L. 1995.
History: En. Sec. 1, Ch. 306, L. 1967; amd. Sec. 1, Ch. 290, L. 1971; R.C.M. 1947, 16-4801(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 23. County Board of Park Commissioners › 7-16-2308. Repealed

7-16-2308. Repealed.
Sec. 25, Ch. 543, L. 1995.
History: En. Sec. 1, Ch. 306, L. 1967; amd. Sec. 1, Ch. 290, L. 1971; R.C.M. 1947, 16-4801(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 23. County Board of Park Commissioners › 7-16-2309. Repealed

7-16-2309. Repealed.
Sec. 25, Ch. 543, L. 1995.
History: En. Sec. 1, Ch. 306, L. 1967; amd. Sec. 1, Ch. 290, L. 1971; R.C.M. 1947, 16-4801(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 23. County Board of Park Commissioners › 7-16-2310. Repealed

7-16-2310. Repealed.
Sec. 25, Ch. 543, L. 1995.
History: En. Sec. 5, Ch. 290, L. 1971; R.C.M. 1947, 16-4801.1(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 23. County Board of Park Commissioners › 7-16-2311. Repealed

7-16-2311. Repealed.
Sec. 25, Ch. 543, L. 1995.
History: En. Sec. 5, Ch. 290, L. 1971; R.C.M. 1947, 16-4801.1(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 23. County Board of Park Commissioners › 7-16-2312. County park superintendent

7-16-2312. County park superintendent.
The board of park commissioners may employ a park superintendent, who may also be the secretary of the park board and who shall attend each regular meeting of the board and report, either in writing or orally as the board may require, as to the activities, functions, and progress of whatever nature pertaining to the park lands and facilities over which the superintendent has supervision. The duties of the park superintendent must be of a managerial capacity.
History: En. Sec. 5, Ch. 290, L. 1971; R.C.M. 1947, 16-4801.1(2); amd. Sec. 627, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 23. County Board of Park Commissioners › 7-16-2313. Repealed

7-16-2313. Repealed.
Sec. 25, Ch. 543, L. 1995.
History: Ap. p. Sec. 4, Ch. 306, L. 1967; amd. Sec. 3, Ch. 290, L. 1971; Sec. 16-4804, R.C.M. 1947; Ap. p. Sec. 2, Ch. 306, L. 1967; Sec. 16-4802, R.C.M. 1947; R.C.M. 1947, 16-4802(part), 16-4804(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 23. County Board of Park Commissioners › 7-16-2314. Control of conflict of interest and nepotism

7-16-2314. Control of conflict of interest and nepotism.
(1) No park commissioner, directly or indirectly, shall be interested in or benefit by any contract made by the board or by its authority or in the furnishing of any supplies for the use of the board.
(2) The laws of nepotism shall apply to employment under this part.
History: (1)En. Sec. 4, Ch. 306, L. 1967; amd. Sec. 3, Ch. 290, L. 1971; Sec. 16-4804, R.C.M. 1947; (2)En. Sec. 2, Ch. 306, L. 1967; Sec. 16-4802, R.C.M. 1947; R.C.M. 1947, 16-4802(part), 16-4804(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 23. County Board of Park Commissioners › 7-16-2321. Repealed

7-16-2321. Repealed.
Sec. 25, Ch. 543, L. 1995.
History: En. Sec. 2, Ch. 306, L. 1967; R.C.M. 1947, 16-4802(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 23. County Board of Park Commissioners › 7-16-2322. Rules and ordinances to implement part

7-16-2322. Rules and ordinances to implement part.
(1) (a) A county park board, in addition to powers and duties now given under law, has the following powers and duties:
(i) to make rules necessary or convenient to protect and promote the improvement of land and facilities under the care and control of the board and for the protection of birds and animals inhabiting or frequenting land and facilities in parks and public places;
(ii) to make rules for the use of land and facilities by the public; and
(iii) to provide penalties for the violation of the rules.
(b) The rules authorized by subsection (1) have the force of resolutions of the county commissioners.
(2) The county governing body, by the adoption of an ordinance in substantial compliance with the provisions of 7-5-103 through 7-5-107, may:
(a) provide that violations of specific rules adopted pursuant to subsection (1) constitute criminal offenses and are punishable as provided in 7-5-109; and
(b) authorize a county park board to employ a county park warden to enforce park rules and ordinances. A county park warden is not a peace officer, as defined in 46-1-202. The law enforcement powers of a park warden are limited to issuing citations charging violations of park ordinances and rules.
History: En. Sec. 2, Ch. 306, L. 1967; R.C.M. 1947, 16-4802(part); amd. Sec. 1, Ch. 415, L. 1985; amd. Sec. 250, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 16. Culture, Social Services, and Recreation › Part 23. County Board of Park Commissioners › 7-16-2323. Leasing of county land for nonpark purposes

7-16-2323. Leasing of county land for nonpark purposes.
A county park board, in addition to powers and duties now given under law, shall have the power and duty to lease lands owned by the county, heretofore acquired for parks, which, in the judgment of the board, it shall not be advisable to improve as parks, upon such terms and conditions as the board shall deem to be for the best interests of the county. Such lands shall not be leased for a longer time than 5 years and not for a longer time than 1 year without the concurrence of two-thirds of the entire board of park commissioners.
History: En. Sec. 2, Ch. 306, L. 1967; R.C.M. 1947, 16-4802(part).