reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4203. Details relating to special improvement district bonds and warrants

7-12-4203. Details relating to special improvement district bonds and warrants.
(1) (a) The bonds and warrants must be drawn against the special improvement district fund created for the district and must bear interest from the date of registration until called for redemption or paid in full. Bonds or warrants sold at a private, negotiated sale may bear interest at a rate varying periodically at the time or times and on the terms determined by the governing body of the municipality. The terms determined by the governing body of the municipality may include the establishment of a maximum rate of interest or the convertibility to a fixed rate of interest.
(b) Variable rate bonds may be sold at a private negotiated sale.
(c) The interest must be payable annually or semiannually, at the discretion of the governing body of the municipality, on the dates that the governing body prescribes. The warrants or bonds must bear the signatures of the mayor and clerk and may bear the corporate seal of the city. The warrants or bonds must be registered in the office of the clerk and treasurer, and if interest coupons are attached to the warrants or bonds, they must also be registered and bear the signatures of the mayor and clerk.
(2) The bonds must be in denominations of $100 or fractions or multiples of $100, may be issued in installments, and may extend over a period not to exceed 20 years or, if refunding bonds are issued pursuant to 7-12-4194, over a period ending not later than 30 years after the date that the bonds to be refunded were issued. For the purposes of this subsection, the term of a bond issue commences on July 1 of the fiscal year in which the city first levies assessments to pay principal and interest on the bonds.
History: En. Sec. 25, Ch. 89, L. 1913; amd. Sec. 8, Ch. 142, L. 1915; re-en. Sec. 5249, R.C.M. 1921; re-en. Sec. 5249, R.C.M. 1935; amd. Sec. 1, Ch. 23, L. 1937; amd. Sec. 1, Ch. 177, L. 1945; amd. Sec. 5, Ch. 260, L. 1959; amd. Sec. 17, Ch. 234, L. 1971; R.C.M. 1947, 11-2231(part); amd. Sec. 4, Ch. 165, L. 1979; amd. Sec. 3, Ch. 527, L. 1981; amd. Sec. 50, Ch. 665, L. 1985; (4)En. Sec. 51, Ch. 665, L. 1985; amd. Sec. 6, Ch. 256, L. 1989; amd. Sec. 10, Ch. 449, L. 1989; amd. Sec. 11, Ch. 459, L. 1997; amd. Sec. 8, Ch. 162, L. 2001; amd. Sec. 15, Ch. 277, L. 2003; amd. Sec. 2, Ch. 107, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4204. Procedure to issue bonds and warrants

7-12-4204. Procedure to issue bonds and warrants.
(1) Subject to subsection (2), the city or town council shall sell bonds or warrants issued under the provisions of 7-12-4201, in an amount sufficient to pay that part of the total cost and expense of the improvements that is to be assessed against benefited property within the district, to the highest and best bidder for cash at a price, including interest to date of delivery, not less than that prescribed by the city council in the resolution calling for the sale of the bonds or warrants. The city council may fix the minimum price for the bonds or warrants in an amount not less than 97% of the face value if it determines that the sale is in the best interests of the district and the city.
(2) The bonds or warrants may be sold at a private negotiated sale as determined by the city or town council pursuant to 17-5-107 and subject to the requirements of 7-12-4203.
(3) In all other cases, the provisions of 7-7-4251, 7-7-4252, and 7-7-4254 with regard to the notice of sale, publication of notice, and manner and method of selling bonds by cities and towns, when applicable and not in conflict with the provisions of 7-12-4205 and this section, apply to, govern, and control the form of notice of sale, publication of notice, and manner and method of selling the bonds or warrants.
History: En. Sec. 26, Ch. 89, L. 1913; re-en. Sec. 5250, R.C.M. 1921; amd. Sec. 1, Ch. 46, L. 1927; re-en. Sec. 5250, R.C.M. 1935; amd. Sec. 1, Ch. 178, L. 1945; R.C.M. 1947, 11-2232(part); amd. Sec. 52, Ch. 665, L. 1985; amd. Sec. 4, Ch. 6, L. 1993; amd. Sec. 2, Ch. 287, L. 2009; amd. Sec. 17, Ch. 253, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4205. Disposition of bond or warrant proceeds

7-12-4205. Disposition of bond or warrant proceeds.
(1) The city or town council shall use the proceeds of such sale in making payment for the cost of the improvements. Payments to contractors may be made either from time to time, on estimates made by the engineer in charge of such improvements for the city or town, or upon the entire completion of the improvements and the acceptance thereof by the city or town council.
(2) During the construction of the improvements, all interest earned on the investment of bond or warrant proceeds must be credited to the construction account of the improvement district fund from which the proceeds were withdrawn.
(3) Any proceeds of the bonds or warrants, including investment income thereon, remaining after payment of all costs of the improvements must be transferred to the sinking fund in the improvement district fund and applied, to the extent possible, to the prepayment and redemption of bonds or warrants on the next succeeding redemption date for which notice of redemption may properly be given.
History: En. Sec. 26, Ch. 89, L. 1913; re-en. Sec. 5250, R.C.M. 1921; amd. Sec. 1, Ch. 46, L. 1927; re-en. Sec. 5250, R.C.M. 1935; amd. Sec. 1, Ch. 178, L. 1945; R.C.M. 1947, 11-2232(part); amd. Sec. 4, Ch. 382, L. 1983; amd. Sec. 54, Ch. 665, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4206. Redemption of bonds and warrants

7-12-4206. Redemption of bonds and warrants.
(1) Special improvement district warrants or bonds must be redeemed on any interest payment date from the proceeds of the bonds or warrants remaining after payment of all costs of the improvements, as provided in 7-12-4205, or from the prepayment of assessments levied in the district. Special improvement district bonds or warrants may be otherwise subject to redemption and prepayment at the option of the city, as provided in the resolution authorizing the issuance of the bonds.
(2) The date of redemption must be fixed by the treasurer and may not be less than 30 days after the date of publication or mailing of the notice, and on the date fixed, interest ceases. The treasurer shall give written notice to the holders of the warrants or bonds to be redeemed, if their addresses are known, of the number of warrants or bonds to be redeemed and the date on which payment will be made. If the addresses of the holders of all bonds or warrants to be redeemed are not known, the treasurer shall publish notice of redemption once in a newspaper published in the city.
History: En. Sec. 25, Ch. 89, L. 1913; amd. Sec. 8, Ch. 142, L. 1915; re-en. Sec. 5249, R.C.M. 1921; re-en. Sec. 5249, R.C.M. 1935; amd. Sec. 1, Ch. 23, L. 1937; amd. Sec. 1, Ch. 177, L. 1945; amd. Sec. 5, Ch. 260, L. 1959; amd. Sec. 17, Ch. 234, L. 1971; R.C.M. 1947, 11-2231(part); amd. Sec. 12, Ch. 251, L. 1979; amd. Sec. 55, Ch. 665, L. 1985; amd. Sec. 38, Ch. 423, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4207. Investment of interest and sinking fund money

7-12-4207. Investment of interest and sinking fund money.
(1) The governing body of a city in which a special improvement district is located may invest interest and sinking fund money of the district in time deposits of a bank, savings and loan association, or credit union insured by the federal deposit insurance corporation or by the national credit union administration or invested in direct obligations of the United States government payable within 180 days from the time of investment.
(2) All interest collected on deposits or investments must be credited to the sinking fund from which the money was withdrawn.
History: En. Sec. 1, Ch. 45, L. 1965; R.C.M. 1947, 11-2288(part); amd. Sec. 3, Ch. 382, L. 1983; amd. Sec. 9, Ch. 421, L. 1985; amd. Sec. 14, Ch. 10, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4221. Creation of special improvement district revolving fund

7-12-4221. Creation of special improvement district revolving fund.
The council or commission of any city or town which has heretofore created or may hereafter create any special improvement district or districts for any purpose may in its discretion create, establish, and maintain by ordinance a fund to be known and designated as the special improvement district revolving fund in order to secure prompt payment of any special improvement district bonds or sidewalk, curb, and alley approach warrants issued in payment of improvements made therein and the interest thereon as it becomes due. Nothing herein shall authorize or permit the elimination of a revolving fund until all bonds and warrants secured thereby and interest thereon have been fully paid and discharged.
History: En. Sec. 1, Ch. 24, L. 1929; re-en. Sec. 5277.1, R.C.M. 1935; amd. Sec. 1, Ch. 255, L. 1971; R.C.M. 1947, 11-2269; amd. Sec. 6, Ch. 422, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4222. Sources of money for revolving fund

7-12-4222. Sources of money for revolving fund.
(1) For the purpose of providing funds for the revolving fund, the city or town council:
(a) may, from time to time, transfer to the revolving fund from the general fund of the city or town an amount as may be necessary. The amount transferred is a loan from the general fund to the revolving fund.
(b) shall, if the bonds or warrants are secured by the revolving fund pursuant to 7-12-4225, include in the cost of the improvement to be paid from the proceeds of the bonds or warrants an amount of at least 5% and not more than 10% of the principal amount of the bonds or warrants as provided in 7-12-4169; and
(c) shall, in addition to a transfer or transfers from the general fund or in lieu of a transfer, levy for the revolving fund a tax, declared to be for a public purpose, on all taxable property in the city or town as is necessary to meet the financial requirements of the revolving fund. A tax may not be levied if the balance in the revolving fund will exceed 10% or, with the amount levied by the tax, will exceed 10% of the principal amount of the then-outstanding special improvement district bonds and warrants secured by the revolving fund after all required transfers have been made to the district funds through fiscal yearend.
(2) Whenever there is money in the district fund that is not required for payment of any bond or warrant of the district secured by the revolving fund or of interest on the bond or warrant, as much of the money as may be necessary to pay the loan provided for in 7-12-4223 must, by order of the council, be transferred to the revolving fund. After all the bonds and warrants issued on any special improvement district or sidewalk, curb, and alley approach warrants secured by the revolving fund have been fully paid, all money remaining in the district fund must, by order of the council, be transferred to and become part of the revolving fund.
History: En. Secs. 2, 4, Ch. 24, L. 1929; re-en. Secs. 5277.2, 5277.4, R.C.M. 1935; amd. Secs. 2, 4, Ch. 255, L. 1971; R.C.M. 1947, 11-2270, 11-2272(part); amd. Sec. 5, Ch. 308, L. 1981; amd. Sec. 2, Ch. 435, L. 1981; amd. Sec. 7, Ch. 422, L. 1983; amd. Sec. 10, Ch. 229, L. 1995; amd. Sec. 6, Ch. 349, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4223. Loans from revolving fund to meet payments on bonds and warrants

7-12-4223. Loans from revolving fund to meet payments on bonds and warrants.
During the period described in 7-12-4225(2), when any special improvement district bond or sidewalk, curb, and alley approach warrants that are secured by the revolving fund or any interest on the bond or warrants becomes due and payable and there is either no money or insufficient money in the appropriate district fund after a transfer from the appropriate district reserve account, if established, with which to pay the bond, warrant, or interest, an amount sufficient to make up the deficiency must be loaned by the revolving fund to the district fund. The bond, warrant, or interest must be paid from the money loaned or from the money loaned and money available in the district fund. The loan must be made even if, in the case of bonds or warrants bearing interest at a variable rate, the interest rate on the special assessments at the time the loan is made is less than or later becomes less than the interest rate on the bonds or warrants.
History: En. Sec. 3, Ch. 24, L. 1929; re-en. Sec. 5277.3, R.C.M. 1935; amd. Sec. 1, Ch. 179, L. 1945; amd. Sec. 17, Ch. 158, L. 1971; amd. Sec. 3, Ch. 255, L. 1971; R.C.M. 1947, 11-2271(1); amd. Sec. 8, Ch. 422, L. 1983; amd. Sec. 11, Ch. 229, L. 1995; amd. Sec. 9, Ch. 162, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4224. Lien arising due to loan from revolving fund

7-12-4224. Lien arising due to loan from revolving fund.
Whenever any loan is made to any special improvement district fund or sidewalk, curb, and alley approach warrants from the revolving fund, the revolving fund has a lien for the amount of the loan on all unpaid assessments and installments of assessments on the district, whether delinquent or not. The lien also applies to all money coming into the district fund up to the amount of the loan, together with interest on the loan from the time it was made, at the interest rate that is borne by the bond or warrant for which the loan was made and that was determined at the time the loan was made, even if the interest rate on the bond or warrant subsequently changes.
History: En. Sec. 4, Ch. 24, L. 1929; re-en. Sec. 5277.4, R.C.M. 1935; amd. Sec. 4, Ch. 255, L. 1971; R.C.M. 1947, 11-2272(part); amd. Sec. 10, Ch. 162, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4226. Investment of surplus reserves

7-12-4226. Investment of surplus reserves.
Surplus reserves not needed for immediate use may from time to time be invested in securities of the United States or certificates of deposit approved by the city council. The interest earned from such investments shall be placed to the credit of the revolving fund.
History: En. Sec. 4, Ch. 24, L. 1929; re-en. Sec. 5277.4, R.C.M. 1935; amd. Sec. 4, Ch. 255, L. 1971; R.C.M. 1947, 11-2272(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4227. Utilization of excess money in revolving fund

7-12-4227. Utilization of excess money in revolving fund.
Whenever there is an amount in the revolving fund in excess of the amount deposited in the revolving fund under 7-12-4169(2) and in excess of 10% of the outstanding special improvement district bonds and warrants secured by the revolving fund and the council considers any part of the excess to be greater than the amount necessary for payment or redemption of maturing bonds or warrants secured by the revolving fund or interest on the revolving fund, the council may order that any part of the amount of the excess that is greater than the amount necessary for the payment or redemption of maturing bonds or warrants secured by the revolving fund or interest on the revolving fund to be:
(1) transferred to the general fund of the city or town;
(2) used for the purchase of property at sales for delinquent taxes, assessments, or both; or
(3) used for the purchase of property that may have been struck off or sold to the county for delinquent taxes, assessments, or both and against which there is an unpaid assessment for special improvements and there are outstanding special improvement district bonds or warrants of the city or town.
History: En. Sec. 5. Ch. 24, L. 1929; re-en. Sec. 5277.5, R.C.M. 1935; R.C.M. 1947, 11-2273(part); amd. Sec. 6, Ch. 308, L. 1981; amd. Sec. 3, Ch. 435, L. 1981; amd. Sec. 10, Ch. 422, L. 1983; amd. Sec. 8, Ch. 349, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4228. Disposition of tax certificates and tax lien sale property

7-12-4228. Disposition of tax certificates and tax lien sale property.
(1) The council may sell any tax certificates issued on any sale or sales referred to in 7-12-4227(2). After acquiring title to property referred to in 7-12-4227, the city or town may lease such property, sell the same at public or private sale and make conveyance thereof, or otherwise dispose thereof as the interest of the city or town may require.
(2) All proceeds from such sales of tax certificates and from such leasing, sale, or other disposition of the property shall belong to and be paid into the revolving fund and be subject to transfer in whole or in part to the general fund by the vote of all the members of the council at a meeting called for that purpose as hereinbefore provided.
History: En. Sec. 5. Ch. 24, L. 1929; re-en. Sec. 5277.5, R.C.M. 1935; R.C.M. 1947, 11-2273(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4229. Disposal of funds deposited in revolving fund

7-12-4229. Disposal of funds deposited in revolving fund.
Any funds without interest deposited in the revolving fund under 7-12-4169(2) less the amount of any loan to the district fund not repaid may be returned to the owners of record of the property of the district in direct proportion of the original assessment on each piece of property, or as an alternative a municipality may transfer the funds placed in the revolving fund as a result of 7-12-4169(2) to the general fund after the final payment of the district's bonds or warrants is paid.
History: En. Sec. 4, Ch. 435, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4241. Creation of supplemental revolving fund from parking meter revenue

7-12-4241. Creation of supplemental revolving fund from parking meter revenue.
Subject to the provisions of 7-12-4242, a city or town may create, establish, and maintain a supplemental revolving fund out of the net revenues of parking meters to secure prompt payment of principal of and interest on special improvement district bonds issued under the provisions of 7-12-4241 through 7-12-4258 for improvements undertaken pursuant to this part and part 41 for the following purposes: for paving, repaving, macadamizing, remacadamizing, surfacing, resurfacing, oiling, reoiling, graveling, regraveling, piling, repiling, capping, recapping, grading, or regrading one or more streets, alleys, avenues, or other public places or ways in said city or town and/or constructing therein curbs or gutters or for the opening or widening of any street, avenue, alley, or other public way.
History: En. Sec. 1, Ch. 260, L. 1947; R.C.M. 1947, 11-2274(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4242. Application of provisions relating to supplemental revolving fund

7-12-4242. Application of provisions relating to supplemental revolving fund.
The provisions of 7-12-4241 through 7-12-4258 shall not be applicable to any improvement unless the council shall find that 80% or more in area of the total parcels to be assessed for such improvement have been improved by the erection of permanent buildings or structures thereon having a value greater than the value of such parcels without such improvements according to the last assessment roll.
History: En. Sec. 1, Ch. 260, L. 1947; R.C.M. 1947, 11-2274(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4243. Procedure to create and maintain supplemental revolving fund -- election required -- qualified electors defined

7-12-4243. Procedure to create and maintain supplemental revolving fund -- election required -- qualified electors defined.
(1) (a) A supplemental revolving fund may be created by ordinance, subject to the approval of a majority of the qualified electors voting at an election held in accordance with Title 13, chapter 1, part 5.
(b) As used in 7-12-4241 through 7-12-4258, "qualified electors" means registered electors of the municipality.
(2) The supplemental revolving fund must be created and maintained solely from the net revenue of parking meters. The ordinance may pledge to the revolving fund all or any part of the net revenue of parking meters owned, leased, rented, or acquired by the city or town. The ordinance must contain any provisions concerning the purchase, control, operation, repair, and maintenance of parking meters, including rates to be charged, and the application of the net revenue from the meters and the management and use of the supplemental revolving fund that the council considers necessary.
History: En. Sec. 2, Ch. 260, L. 1947; amd. Sec. 8, Ch. 158, L. 1971; R.C.M. 1947, 11-2275; amd. Sec. 41, Ch. 387, L. 1995; amd. Sec. 117, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4244. Issuance of bonds based upon supplemental revolving fund -- election

7-12-4244. Issuance of bonds based upon supplemental revolving fund -- election.
(1) At any time after the award of the contract for any of the improvements described in 7-12-4241 and prior to the issuance of bonds or warrants under the provisions of 7-12-4201 and 7-12-4203, the council may by resolution determine that the improvement is of a character that bonds may be issued under 7-12-4241 through 7-12-4258 in lieu of bonds under 7-12-4201 and 7-12-4203, and may submit to the qualified electors of the city or town the question whether the bonds shall be issued.
(2) The proposal to issue bonds may be submitted at the same election as the proposal to create the supplemental revolving fund and must be approved by a majority of the qualified electors voting on the question.
History: En. Sec. 3, Ch. 260, L. 1947; R.C.M. 1947, 11-2276; amd. Sec. 11, Ch. 449, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4245. Resolution for issuance of bonds

7-12-4245. Resolution for issuance of bonds.
(1) Whenever the council has been authorized to issue bonds under 7-12-4241 through 7-12-4258, the council may by resolution determine to issue such bonds and provide for the guaranty thereof by the supplemental revolving fund.
(2) Such resolution shall fix the amount, maturity, and interest rate and provide for the sale of bonds in such manner as the council shall determine.
(3) The resolution providing for the issuance of bonds may also contain such reasonable covenants for the protection of the holders thereof as the council may determine.
History: En. Sec. 4, Ch. 260, L. 1947; amd. Sec. 19, Ch. 234, L. 1971; R.C.M. 1947, 11-2277(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4246. Determination of cost of improvements

7-12-4246. Determination of cost of improvements.
The governing body of the municipality in determining the cost of said improvement may include estimated costs of the issuance of said bonds; all engineering, inspection, fiscal, and legal expenses; cost of the parking meters; and interest which it is estimated will accrue during the construction period and for 6 months thereafter on money borrowed or which it is estimated will be borrowed for the special improvements for which bonds are issued.
History: En. Sec. 4, Ch. 260, L. 1947; amd. Sec. 19, Ch. 234, L. 1971; R.C.M. 1947, 11-2277(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4247. Details relating to bonds

7-12-4247. Details relating to bonds.
(1) The bonds may mature at one time, not exceeding the maximum maturity of the assessments to be levied for the improvement, or may mature in installments at various times during the term of the assessments, but the bonds may not mature later than 10 years from the date of issuance.
(2) The bonds, as the council shall determine, are subject to redemption prior to maturity and may be payable at any suitable bank or trust company either within or without the state of Montana.
(3) The bonds issued under 7-12-4241 through 7-12-4258 shall be in substantially the form provided in 7-12-4201 and 7-12-4203, as modified by the provisions of 7-12-4241 through 7-12-4258.
History: En. Sec. 4, Ch. 260, L. 1947; amd. Sec. 19, Ch. 234, L. 1971; R.C.M. 1947, 11-2277(part); amd. Sec. 12, Ch. 449, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4248. Operation and use of supplemental revolving fund

7-12-4248. Operation and use of supplemental revolving fund.
(1) Money in the supplemental revolving fund shall first be loaned to the various district funds whose bonds are guaranteed under 7-12-4241 through 7-12-4258 to make up any deficiency in such funds.
(2) In event of any further deficiency in such funds, the money in the revolving fund created under 7-12-4221 through 7-12-4228 may be loaned to make good such deficiency pursuant to the provisions of those sections.
(3) In event that the deficit exceeds the money in the supplemental revolving fund, then the money in the revolving fund may be similarly loaned until the deficiency has been made good.
(4) The authorizing resolution may provide that bonds shall become due in accordance with a plan of redemption prior to the stated maturity date. Both revolving funds shall thereafter have concurrent liens on the unpaid assessments and the moneys in the improvement district fund for all such advances, provided that such advances shall not be returned so long as any principal or interest on bonds issued under 7-12-4241 through 7-12-4258 remains unpaid.
History: En. Sec. 5, Ch. 260, L. 1947; R.C.M. 1947, 11-2278(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4249. Meaning of term deficiency

7-12-4249. Meaning of term deficiency.
A deficiency shall exist in any district fund whenever principal and interest is due and there is no money in the fund to pay the same.
History: En. Sec. 5, Ch. 260, L. 1947; R.C.M. 1947, 11-2278(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4250. Obligations of municipalities to bondholders

7-12-4250. Obligations of municipalities to bondholders.
All agreements, conditions, covenants, or restrictions in the ordinance creating the supplemental revolving fund, in the resolution determining that the improvement is of a character for which bonds may be issued under 7-12-4241 through 7-12-4258, and in the resolution authorizing the issuance of bonds shall be binding upon the city or town and may not be thereafter altered or amended to the detriment of the rights of any bondholder so long as any of such bonds are outstanding.
History: En. Sec. 6, Ch. 260, L. 1947; R.C.M. 1947, 11-2279(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4251. Enforcement of bondholders' rights

7-12-4251. Enforcement of bondholders' rights.
The provisions of 7-12-4241 through 7-12-4258 and the rights granted under any ordinance or resolution enacted pursuant to these sections may be enforced by any bondholder by mandamus or other appropriate suit, action, or proceeding in any court of competent jurisdiction.
History: En. Sec. 6, Ch. 260, L. 1947; R.C.M. 1947, 11-2279(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4252. Judicial determination of validity of proceedings -- petition

7-12-4252. Judicial determination of validity of proceedings -- petition.
(1) Within 10 days after the adoption of the resolution providing for the issuance of bonds under 7-12-4241 through 7-12-4258, the council may file a petition in the district court of the judicial district wherein said city or town is located to determine the validity of the proceedings theretofore had relative to the issuance of said bonds, the creation of the supplemental revolving fund, and the levy of a special assessment.
(2) The petition shall set forth generally the facts in reference to the improvement, the creation of the supplemental revolving fund, and the issuance of bonds and shall have as exhibits thereto certified copies of the ordinances and resolutions and shall pray for confirmation of the proceedings and of the bond issue and the special assessments, if theretofore levied.
History: En. Sec. 7, Ch. 260, L. 1947; R.C.M. 1947, 11-2280(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4253. Nature of court proceedings

7-12-4253. Nature of court proceedings.
The action provided for in 7-12-4252 shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested shall be had by notice given as provided in 7-12-4254.
History: En. Sec. 7, Ch. 260, L. 1947; R.C.M. 1947, 11-2280(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4254. Hearing on petition -- notice

7-12-4254. Hearing on petition -- notice.
(1) Upon the filing of the petition, the district court or any district court judge shall fix the time for the hearing on the petition, which may not be less than 15 days from the date of filing the petition in the court.
(2) The district court or any district court judge shall order the clerk of the court to give notice of the filing of the petition as provided in 7-1-2121. The date of the first publication may not be less than 15 days prior to the date fixed for hearing.
History: En. Sec. 7, Ch. 260, L. 1947; R.C.M. 1947, 11-2280(part); amd. Sec. 24, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4255. Contents of notice of hearing -- protest

7-12-4255. Contents of notice of hearing -- protest.
(1) The notice must state the substance of the petition and the time and place for hearing and that any interested person or any person whose rights may be affected by the issuance or sale of the bonds or the levy of the special assessment, may, on or before the day fixed for the hearing on the petition, answer the petition and may appear at the hearing and contest the granting of the request of the petition and the entry of any order of confirmation pursuant to the petition.
(2) A person eligible to appear may enter an appearance in the proceedings and answer the petition and contest the granting of the request of the petition, and all provisions of the code of civil procedure are applicable to the proceedings.
History: En. Sec. 7, Ch. 260, L. 1947; R.C.M. 1947, 11-2280(part); amd. Sec. 13, Ch. 251, L. 1979; amd. Sec. 552, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4256. Decision of district court

7-12-4256. Decision of district court.
(1) If upon the hearing the court shall find and determine that the requirements of 7-12-4241 through 7-12-4258 have been complied with and notice of the hearing duly given as required by law, it shall have power to examine and determine the regularity, legality, and validity of the proceedings relative to the issuance of the bonds and the levy of special assessments and the legality and validity of the bonds and the special assessment and may ratify, approve, and confirm the proceedings in whole or in part and enter its judgment or decree accordingly.
(2) If no appeal pursuant to 7-12-4257 is taken within the time provided for in 7-12-4257 or if the judgment or decree of the district court be affirmed upon such appeal, such judgment or decree shall be forever conclusive upon all the world as to the validity of the bonds and the special assessment, and the same shall never be called into question in any court of the state.
History: En. Sec. 7, Ch. 260, L. 1947; R.C.M. 1947, 11-2280(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4257. Appeal from district court to supreme court

7-12-4257. Appeal from district court to supreme court.
From any judgment or decree entered under 7-12-4256, an appeal may be taken to the supreme court at any time within 10 days from the entry of such judgment in the manner prescribed by the code of civil procedure governing appeals from the district court to the supreme court.
History: En. Sec. 7, Ch. 260, L. 1947; R.C.M. 1947, 11-2280(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 42. Special Improvement Districts Continued › 7-12-4258. Cost of court proceedings

7-12-4258. Cost of court proceedings.
The cost of the court proceedings may be apportioned between the parties at the discretion of the court.
History: En. Sec. 7, Ch. 260, L. 1947; R.C.M. 1947, 11-2280(part); amd. Sec. 14, Ch. 251, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4301. Special improvement districts for lighting streets authorized

7-12-4301. Special improvement districts for lighting streets authorized.
(1) The council of any city or town is authorized to:
(a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway;
(b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and
(c) assess and collect such portion of such cost by special assessment against said property.
(2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property.
History: (1)En. Sec. 1, Ch. 143, L. 1915; re-en. Sec. 5259, R.C.M. 1921; amd. Sec. 1, Ch. 143, L. 1927; re-en. Sec. 5259, R.C.M. 1935; Sec. 11-2245, R.C.M. 1947; (2)En. Sec. 1, Ch. 89, L. 1913; re-en. Sec. 5225, R.C.M. 1921; re-en. Sec. 5225, R.C.M. 1935; amd. Sec. 1, Ch. 136, L. 1967; amd. Ch. 280, L. 1971; amd. Sec. 28, Ch. 566, L. 1977; Sec. 11-2201, R.C.M. 1947; R.C.M. 1947, 11-2201(8), 11-2245; amd. Sec. 1, Ch. 521, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4302. Resolution of intention to create special improvement lighting district

7-12-4302. Resolution of intention to create special improvement lighting district.
(1) Before creating any special improvement lighting district in any such city or town for the purpose of lighting any street or streets or public highway or section thereof in accordance with the provisions of this part, the city council shall pass a resolution of intention to do so.
(2) The resolution shall designate the number of such district, describe the boundaries thereof, and state therein the general character of the improvement or improvements to be made and an approximate estimate of the cost thereof, an approximate estimate of the cost of maintaining such lights and supplying electrical current therefor for the first year, and the proportion of such cost to be assessed against the property embraced within the district.
History: En. Sec. 3, Ch. 143, L. 1915; re-en. Sec. 5261, R.C.M. 1921; amd. Sec. 3, Ch. 143, L. 1927; re-en. Sec. 5261, R.C.M. 1935; R.C.M. 1947, 11-2247(1).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4303. Notice of resolution of intent to create lighting district

7-12-4303. Notice of resolution of intent to create lighting district.
(1) Upon having passed the resolution required by 7-12-4302, the council shall give notice of the passage of the resolution of intention. The notice of the passage of the resolution must be published as provided in 7-1-4127. A copy of the notice must be mailed to every person, firm, or corporation having property within the proposed district, as listed on the current property tax record, at the property owner's address as the address is listed on the current property tax record, on the same day that the notice is first published or posted.
(2) The notice must describe the general character of the improvement proposed to be made, state the estimated cost of the improvement and the estimated cost of maintaining the lights and supplying the electrical current for the improvement and lights within the district for the first year, and designate the time when and the place where the council will hear and pass upon all protests that may be made against the making of the improvement or the creation of the district. The notice must refer to the resolution on file in the office of the city clerk for a description of the boundaries.
History: En. Sec. 3, Ch. 143, L. 1915; re-en. Sec. 5261, R.C.M. 1921; amd. Sec. 3, Ch. 143, L. 1927; re-en. Sec. 5261, R.C.M. 1935; R.C.M. 1947, 11-2247(2); amd. Sec. 1, Ch. 127, L. 1997; amd. Sec. 25, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4304. Protest against creation of lighting district

7-12-4304. Protest against creation of lighting district.
At any time within 15 days after the date of the first publication of the notice of passage of the resolution of intention, an owner of property liable to be assessed for the work may make written protest against the proposed work or against the extent or creation of the district to be assessed, or both. The notice must be in writing and be delivered to the clerk of the city council, who shall endorse on the notice the date of receipt.
History: En. Sec. 3, Ch. 143, L. 1915; re-en. Sec. 5261, R.C.M. 1921; amd. Sec. 3, Ch. 143, L. 1927; re-en. Sec. 5261, R.C.M. 1935; R.C.M. 1947, 11-2247(3); amd. Sec. 553, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4305. Consideration of protest

7-12-4305. Consideration of protest.
(1) At the next regular meeting of the city council after the expiration of the time within which said protests may be made, the city council shall proceed to hear and pass upon all protests so made, and its decision shall be final and conclusive. When the protest is against the proposed work and the cost thereof is to be assessed upon property embraced within the boundaries of the district and if the city council finds that such protest is made by the owners of a majority of the property embraced within the district to be assessed for the proposed work, no further proceedings shall be taken for a period of 6 months from the date when said protest was received by the city clerk of said city council.
(2) In determining the sufficiency of protest, each protest shall be weighted in proportion to the amount of the assessment to be levied against the lot or parcel with respect to which it is made.
(3) In determining whether or not sufficient protest has been filed in a proposed district to prevent further proceedings therein, property owned by a county, city, or town shall be considered the same as other property in the district.
(4) The city council may adjourn said hearing from time to time.
History: En. Sec. 3, Ch. 143, L. 1915; re-en. Sec. 5261, R.C.M. 1921; amd. Sec. 3, Ch. 143, L. 1927; re-en. Sec. 5261, R.C.M. 1935; R.C.M. 1947, 11-2247(4), (5); amd. Sec. 2, Ch. 682, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4306. Resolution to create lighting district

7-12-4306. Resolution to create lighting district.
When no protests have been delivered to the clerk of the city council within 15 days after the date of the first publication of the notice of the passage of the resolution of intention or when a protest shall have been found by the city council to be insufficient or shall have been overruled or when a protest against the extent of the proposed district shall have been heard and denied, immediately thereupon, the city council shall be deemed to have acquired jurisdiction to order the proposed improvements. Before ordering any of said proposed improvements, the city council shall pass a resolution creating the special improvement lighting district in accordance with the resolution of intention theretofore introduced and passed by the city council.
History: En. Sec. 3, Ch. 143, L. 1915; re-en. Sec. 5261, R.C.M. 1921; amd. Sec. 3, Ch. 143, L. 1927; re-en. Sec. 5261, R.C.M. 1935; R.C.M. 1947, 11-2247(6).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4307. Objections to irregular proceedings or manner of making improvements

7-12-4307. Objections to irregular proceedings or manner of making improvements.
(1) At any time within 60 days from the date the city or town council passes the resolution creating the special improvement lighting district, an owner or other person having an interest in a lot or land liable to assessment who claims that any of the previous acts or proceedings relating to the improvements are irregular, defective, erroneous, or faulty or that the person's property will be damaged by the making of any improvements in the manner contemplated may file with the city clerk a written notice specifying in what respect the acts or proceedings are irregular, defective, erroneous, or faulty or in what manner and to what extent the person's property will be damaged by the making of the improvements. The city clerk shall deliver the notice to the council.
(2) All objections to an act or proceeding or in relation to the making of the improvements not made in writing and in the manner and at the time provided in subsection (1) and all claims for damage are waived by the property owners if the notice of the passage of the resolution of intention has been actually published and the notices of improvements have been posted as provided in this part.
History: En. Sec. 3(a), Ch. 243, L. 1921; re-en. Sec. 5262, R.C.M. 1921; re-en. Sec. 5262, R.C.M. 1935; R.C.M. 1947, 11-2248; amd. Sec. 554, Ch. 61, L. 2007; amd. Sec. 1, Ch. 159, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4308. Operation of district

7-12-4308. Operation of district.
(1) The city or town council may:
(a) provide for the installation of the lighting system for the special improvement lighting district; and
(b) provide for the maintenance and operation of the lighting system after the lighting system has been installed.
(2) The light posts in a special improvement lighting district must be of uniform size and character and must be distributed uniformly on the street or public highway or portion of the street or public highway to be lighted.
(3) The lights in each district must be maintained for the period of time and in the manner the city or town council elects. If a public utility, as defined in 69-3-101, provides for the installation, maintenance, or operation of the lighting system, the installation, maintenance, or operation must be performed in accordance with the public utility's applicable tariff schedule.
History: (1), (2)En. Sec. 3, Ch. 143, L. 1915; re-en. Sec. 5261, R.C.M. 1921; amd. Sec. 3, Ch. 143, L. 1927; re-en. Sec. 5261, R.C.M. 1935; Sec. 11-2247, R.C.M. 1947; (3)En. Sec. 7, Ch. 143, L. 1915; re-en. Sec. 5266, R.C.M. 1921; amd. Sec. 1, Ch. 17, L. 1923; amd. Sec. 7, Ch. 143, L. 1927; re-en. Sec. 5266, R.C.M. 1935; amd. Sec. 1, Ch. 162, L. 1943; Sec. 11-2252, R.C.M. 1947; R.C.M. 1947, 11-2247(7), 11-2252(part); amd. Sec. 2, Ch. 159, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4309. Record of expenses to be kept by city engineer

7-12-4309. Record of expenses to be kept by city engineer.
The city engineer shall keep an account of all costs and expenses incurred in the engineer's office in connection with each special improvement district and certify the costs and expenses to the city clerk.
History: En. Sec. 5, Ch. 143, L. 1915; re-en. Sec. 5264, R.C.M. 1921; re-en. Sec. 5264, R.C.M. 1935; R.C.M. 1947, 11-2250(part); amd. Sec. 555, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 12. Improvement Districts › Part 43. Special Provisions for Special Improvement Lighting Districts › 7-12-4310. Role of city clerk

7-12-4310. Role of city clerk.
It shall be the duty of the city clerk to prepare all necessary schedules and resolutions levying taxes and assessments in such special improvement districts.
History: En. Sec. 5, Ch. 143, L. 1915; re-en. Sec. 5264, R.C.M. 1921; re-en. Sec. 5264, R.C.M. 1935; R.C.M. 1947, 11-2250(part).