reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2328. Sufficient vote required to issue bonds

7-13-2328. Sufficient vote required to issue bonds.
(1) (a) When the board of directors canvasses the vote of a bond election, the board shall determine the approval or rejection of the bond proposition as provided in subsections (1)(b) through (1)(d) after calculating the percentage of qualified electors voting in the bond election in the following manner:
(i) determine the total number of electors of the district who were qualified to vote at the bond election;
(ii) determine the total number of qualified electors who voted at the bond election; and
(iii) calculate the percentage of qualified electors voting at the bond election by dividing the amount determined in subsection (1)(a)(ii) by the amount determined in subsection (1)(a)(i).
(b) When the calculated percentage in subsection (1)(a)(iii) is 40% or more, the bond proposition is approved and adopted if a majority of the votes were cast in favor of the proposition; otherwise it must be rejected.
(c) When the calculated percentage in subsection (1)(a)(iii) is more than 30% but less than 40%, the bond proposition is approved and adopted if 60% or more of the votes were cast in favor of the proposition; otherwise it must be rejected.
(d) When the calculated percentage in subsection (1)(a)(iii) is 30% or less, the bond proposition must be rejected.
(2) If the canvass of the vote establishes the approval and adoption of the bond proposition, then the board of directors may by resolution provide for the form and execution of the bonds and for the issuance of the bonds.
History: En. Sec. 22, Ch. 242, L. 1957; amd. Sec. 1, Ch. 335, L. 1969; R.C.M. 16-4522(part); amd. Sec. 337, Ch. 571, L. 1979; amd. Sec. 9, Ch. 341, L. 2005; amd. Sec. 7, Ch. 93, L. 2007; amd. Sec. 140, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2329. Sale of bonds

7-13-2329. Sale of bonds.
The board of directors may sell or dispose of the bonds issued pursuant to 7-13-2321(2) or 7-13-2328 at times or in a manner that it considers to be to the public interest.
History: En. Sec. 22, Ch. 242, L. 1957; amd. Sec. 1, Ch. 335, L. 1969; R.C.M. 16-4522(part); amd. Sec. 10, Ch. 341, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2330. Status of bonds -- tax exemption

7-13-2330. Status of bonds -- tax exemption.
Any bonds issued by any district organized under the provisions of this part and part 22 are hereby given the same force, value, and use as bonds issued by any municipality and shall be exempt from all taxation within the state of Montana.
History: En. Sec. 23, Ch. 242, L. 1957; R.C.M. 1947, 16-4523.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2331. Issuance of general obligation bonds

7-13-2331. Issuance of general obligation bonds.
(1) In addition to the powers granted to a district in this part to finance facilities and improvements, a district may issue general obligation bonds for a term of up to 40 years to:
(a) provide funds to pay part or all of the cost of acquisition, construction, or improvement of facilities; or
(b) refund any bonds issued for the acquisition, construction, or improvement of facilities.
(2) General obligation bonds issued pursuant to this section must be authorized, sold, and issued, with provisions for their payment, in the manner and subject to the conditions prescribed for bonds of school districts in Title 20, chapter 9, part 4, except to the extent that those conditions conflict with the express provisions of part 22 or this part.
(3) Nothing in this section prohibits a district from imposing rates or other charges for the use of facilities that have been financed in whole or part by general obligation bonds under this section if the revenue from the rates or charges is used to abate taxes that have been levied to pay the principal or interest on the general obligation bonds or is used to pay the principal or interest on other bonded indebtedness of the district.
History: En. Sec. 7, Ch. 518, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2332. Issuance of refunding bonds without election

7-13-2332. Issuance of refunding bonds without election.
(1) (a) District refunding bonds, issued to provide money to refund outstanding bonded indebtedness, may be issued without a vote of the electorate. In order to issue refunding bonds, the board of directors shall adopt a resolution setting forth the facts regarding the outstanding bonds that are to be redeemed, the reasons for issuing the refunding bonds, and the terms and details of the refunding bond issue.
(b) After adopting a resolution, the board of directors may sell the bonds at times and in a manner considered to be in the public interest.
(2) (a) Refunding bonds may be issued prior to the maturity or redemption date of the outstanding bonds they are to refund. The proceeds of the refunding bonds, less any accrued interest or premium received upon the sale of the refunding bonds or amounts to be used for the cost of issuance or establishing reserves for the refunding bonds, must be deposited with other funds appropriated for payment of the outstanding bonds in escrow with a suitable banking institution in or out of the state.
(b) Deposited funds must be invested in securities that are general obligations of the United States or in securities for which the principal and interest are guaranteed by the United States. The securities must be payable on the dates required and bear interest at a rate sufficient, with any cash retained in the escrow account, to pay, when due, accrued interest on each refunded bond until its maturity or redemption date if called for redemption. The securities must also be sufficient to pay the principal of the bond at maturity or upon the redemption date and to pay any redemption premium.
(c) The escrow account must be irrevocably appropriated to the payment of principal, interest, and redemption premium, if any, of the refunded bonds.
(d) A district may pay for reasonable costs of issuing the refunding bonds and maintaining the escrow account. Alternatively, a district may issue crossover refunding bonds as provided in Title 17, chapter 5, part 21.
History: En. Sec. 8, Ch. 518, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2334. Plan to consolidate with municipality

7-13-2334. Plan to consolidate with municipality.
(1) If more than 60% of a district's customers reside within the city limits of a municipality and the district purchases its water from the municipality, the district may initiate a consolidation plan with the municipality.
(2) The consolidation plan must:
(a) provide for adjustment of existing bonded indebtedness and other obligations in a manner that will provide for a fair and equitable distribution of the burden of debt service;
(b) provide for the establishment of the service areas;
(c) outline the transfer or other disposition of property and other rights, claims, or assets of consolidation under this section;
(d) provide for the transfer, reorganization, dissolution, absorption, or other adjustment of boundaries as necessary;
(e) consider separately the disposition of the district territory within the city limits and the district territory outside of the city limits; and
(f) include any other provisions that are consistent with state law.
(3) The consolidation plan may grant the municipality the authority to transfer all rights-of-way or other entities without requiring the municipality to hold a referendum.
(4) If the district territory outside of the city limits is not consolidated into the municipal facilities under this section, the district shall:
(a) continue to operate services for the territory outside of the city limits; or
(b) request the board of county commissioners to assume the district's provision of services and financial obligations for the territory outside of the city limits.
History: En. Sec. 1, Ch. 222, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2340. Correction of erroneous property description

7-13-2340. Correction of erroneous property description.
(1) As provided in this section, the board of directors of any district may correct an erroneous property description of land within the district.
(2) The board of directors shall by resolution:
(a) set forth the current property description and the proposed property description;
(b) set a date for a public hearing to be held on the proposed property description; and
(c) provide that the property description change is intended only for the purpose of correcting an erroneous land description.
(3) A copy of the resolution adopted pursuant to subsection (2) must be posted in three public places in the district and mailed to the owner or owners of record of the property described in subsection (2)(a).
(4) After hearing comments and receiving written consent by the owner or owners of the property described in subsection (2)(a) at the public hearing, the board of directors may by resolution adopt the proposed property description as the correct property description. The correct property description is effective upon filing a copy of the resolution with the county clerk and recorder of the county or counties in which the district is located.
History: En. Sec. 1, Ch. 259, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2342. Consolidation of county water and/or sewer districts -- election required

7-13-2342. Consolidation of county water and/or sewer districts -- election required.
(1) Two or more districts organized under the provisions of part 22 and this part may consolidate at any time upon petitions submitted to the board of directors of each district. The petitions must be in the form required for petitions for the organization of districts. Each petition must be signed by not less than 10% of the qualified electors of the territory included within the district.
(2) The petitions may be granted by ordinance of the board of directors of each district. The ordinances must be submitted for adoption or rejection by the qualified electors.
(3) If the ordinances are approved, the president and secretary of the boards of directors of each district shall certify that fact to the secretary of state and to the county clerk of the county or counties in which the districts are located. On receipt of the certificate, the secretary of state shall within 10 days issue a certificate reciting the passage of the ordinances and the consolidation of the districts. A copy of the certificate must be transmitted to and filed with the county clerk of each county in which the consolidated district is situated.
(4) After the date of the certificate, the districts are considered to be consolidated and consist of one district with all the rights, privileges, and powers set forth in part 22 and this part and necessarily incident to those rights, privileges, and powers.
(5) The number and manner of selection and election of directors of the consolidated district must be the same as the number and manner of selection and election of directors of newly organized districts.
History: En. Sec. 31, Ch. 242, L. 1957; amd. Sec. 1, Ch. 263, L. 1967; R.C.M. 1947, 16-4531(part); amd. Sec. 569, Ch. 61, L. 2007; amd. Sec. 143, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2343. Exclusion of land from district -- initiated by petition

7-13-2343. Exclusion of land from district -- initiated by petition.
Any territory included within any district formed under the provisions of this part and part 22 and not benefited in any manner by such district or its continued inclusion therein may be excluded therefrom by order of the board of directors of such district upon the verified petition of the owner or owners in fee of lands whose assessed value, with improvements, is in excess of one-half of the assessed value of all the lands, with improvements, held in private ownership in such territory.
History: En. Sec. 33, Ch. 242, L. 1957; amd. Sec. 12, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 6, Ch. 296, L. 1977; R.C.M. 1947, 16-4533(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2344. Details relating to petition to exclude land from district

7-13-2344. Details relating to petition to exclude land from district.
(1) The petition referred to in 7-13-2343 shall describe the territory sought to be excluded, shall set forth that such territory is not benefited in any manner by said district or its continued inclusion therein, and shall pray that such territory may be excluded and taken from said district.
(2) Such petition shall be filed with the secretary of the district and shall be accompanied by a deposit with such secretary of the sum of $100 to meet the expenses of advertising and other costs incident to the proceedings for the exclusion of such territory, including the cost of recording a certified copy of the order provided for in 7-13-2346. Any unconsumed balance shall be returned to the petitioner.
History: En. Sec. 33, Ch. 242, L. 1957; amd. Sec. 12, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 6, Ch. 296, L. 1977; R.C.M. 1947, 16-4533(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2345. Hearing and notice on petition to exclude land

7-13-2345. Hearing and notice on petition to exclude land.
(1) Upon the filing of a petition with the secretary of the district, the secretary shall call a meeting of the board of directors of the district at a time not less than 25 days or more than 50 days after the filing of the petition and cause a notice of the filing of the petition to be published as provided in 7-1-2121. The notice must state the date of the filing of the petition and that the petition will be heard before the board of directors of the district.
(2) A landowner or taxpayer within the district has the right to appear at the hearing, either in behalf of or in opposition to the granting of the petition. The petition must be heard before the board of directors of the district at the time and place specified in the notice of hearing.
(3) (a) Except as provided in subsection (3)(b), the place of the hearing must be the regular meeting place of the board of directors of the district.
(b) The board may adjourn the hearing to a more convenient meeting place within the district.
History: En. Sec. 33, Ch. 242, L. 1957; amd. Sec. 12, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 6, Ch. 296, L. 1977; R.C.M. 1947, 16-4533(part); amd. Sec. 22, Ch. 349, L. 1985; amd. Sec. 570, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2346. Decision on petition to exclude land

7-13-2346. Decision on petition to exclude land.
(1) If upon such hearing the board of directors determines that it is for the best interests of the district that the lands mentioned in the petition or some portion thereof be excluded from the district or if it appears that such lands or some portion thereof will not be benefited by their continued inclusion in the district, then the board shall make an order that such lands or such portion thereof be excluded from the district, such order to describe specifically the lands so excluded.
(2) A copy of such order of exclusion, certified to by the secretary of the district, shall be recorded in the office of the county recorder of the county or counties in which the district is situated, and the record of such certified copy shall be deemed prima facie evidence of the exclusion from the district of the lands purporting to be excluded thereby.
History: En. Sec. 33, Ch. 242, L. 1957; amd. Sec. 12, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 6, Ch. 296, L. 1977; R.C.M. 1947, 16-4533(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2347. Effect of order excluding land

7-13-2347. Effect of order excluding land.
From the time of the making of the order of exclusion, the lands so excluded shall be deemed to be no longer included in the district, but such order of exclusion shall not be taken to invalidate in any manner any taxes or assessments theretofore levied or assessed against the lands so excluded.
History: En. Sec. 33, Ch. 242, L. 1957; amd. Sec. 12, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 6, Ch. 296, L. 1977; R.C.M. 1947, 16-4533(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2348. Exclusion of land from district -- initiated by board of directors

7-13-2348. Exclusion of land from district -- initiated by board of directors.
(1) The board of directors of any district formed under the provisions of this part and part 22 may itself initiate the proceedings for the exclusion from the district of any land or lands which it may not be for the best interests of the district to be included or which may not be benefited in any manner by their continued inclusion therein.
(2) Such proceedings shall be initiated by the board by the passage of a resolution:
(a) requiring all persons interested to appear and show cause before the board, at a time and place specified, why such lands (describing them) should not be excluded from the district; and
(b) fixing a time and place for such hearing and directing the secretary of the district to give notice of the passage of such resolution and of such hearing.
(3) Upon the passage of such resolution, the secretary of the district shall give notice thereof and of the time and place of such hearing in the manner hereinbefore prescribed for notice of hearing upon petition by a landowner or landowners, and thereafter all proceedings shall be had in the manner and with the effect herein provided for proceedings upon a petition by a landowner or landowners. The time of hearing fixed by the board by its resolution hereinbefore mentioned shall be not less than 25 days or more than 50 days after the passage of such resolution, and the place of hearing so fixed shall be a convenient place within the district.
(4) The final action of the board of directors under this section shall be subject to the referendum by the electors of the district according to 7-13-2276(2).
History: En. Sec. 34, Ch. 242, L. 1957; amd. Sec. 1, Ch. 263, L. 1967; R.C.M. 1947, 16-4534.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2349. Establishment of subdistricts

7-13-2349. Establishment of subdistricts.
(1) The board of directors may establish one or more subdistricts within a district to provide for and finance the cost of water or sewer projects, improvements, or extensions that would benefit land in the subdistrict but not other land in the district. Before establishing a subdistrict, the board shall conduct a public hearing on the establishment of the proposed subdistrict after 10 days' notice published in a newspaper of general circulation in the district. The notice of public hearing must contain a description of the subdistrict and the proposed water or sewer project and its estimated cost. After the public hearing, the board of directors may, by resolution, establish the subdistrict if it finds that it is in the best interests of the owners of the land in the subdistrict and the district wishing to establish the subdistrict, that the subdistrict constitutes all land in the district benefited by the proposed water or sewer project, and that the establishment of the subdistrict and the financing of water or sewer projects for the benefit of the subdistrict will not violate any covenants of the district made with owners of outstanding bonds of the district.
(2) The board shall describe in the resolution establishing the subdistrict the land to be included in the subdistrict. The land does not need to be contiguous but must be located within the district and must constitute all of the land in the district benefited by the proposed water or sewer project.
(3) Following the establishment of a subdistrict, the board of directors may undertake and finance water or sewer projects, improvements, or extensions that benefit land in the subdistrict but not other land in the district, as provided in Title 7, chapter 13, parts 22 and 23, including but not limited to the incurrence of bonded indebtedness to finance costs and the levy of special assessments or the imposition of rates and charges, all subject to any covenants made with owners of outstanding bonds of the district. If general obligation bonds are to be issued to finance the costs of the projects, the subdistrict must be treated as the district for the purposes of 7-13-2331.
(4) The powers granted in this section are supplementary to the powers otherwise granted to county water and sewer districts.
History: En. Sec. 13, Ch. 341, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2350. Minutes

7-13-2350. Minutes.
The board administering and operating the district shall submit the minutes of its proceedings for electronic storage as provided in 7-1-204.
History: En. Sec. 20, Ch. 262, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2351. Dissolution of district by petition

7-13-2351. Dissolution of district by petition.
(1) A district may be dissolved as provided in 7-13-2352 or this section.
(2) Upon receipt of a petition to dissolve the district, signed by more than 50% of the property owners of the district, the board of directors shall set a date for a public hearing on dissolution of the district. The hearing date may be not earlier than 45 days or later than 60 days after the date on which the board schedules the date of the hearing. A notice of the public hearing on the dissolution must be published as provided in 7-1-2121. The published notice must include notice to creditors of the district to present claims owed by the district to the board of directors prior to the date set for the dissolution hearing.
(3) At the dissolution hearing the board of directors shall hear testimony of all persons interested in whether the district should be dissolved and shall determine whether there are any outstanding debts of the district.
(4) After the hearing, if the board determines that dissolution of the district is in the best interest of the public and that there are no outstanding debts of the district, it may resolve to recommend that the district be dissolved. A copy of the resolution must be sent to the county commissioners of the county or counties in which the district is located.
(5) The district is dissolved after the approval of the dissolution by all the boards of county commissioners of the counties in which the district is located. An instrument approving dissolution must be filed with the clerk and recorder of the county or counties in which the district is located, who shall then notify the secretary of state.
(6) Any assets of the district after dissolution must be distributed according to a specific plan adopted by the board of directors after a public hearing and as provided in the resolution recommending that the district be dissolved.
History: En. Sec. 1, Ch. 545, L. 1985; amd. Sec. 2, Ch. 545, L. 1985; amd. Sec. 1, Ch. 546, L. 1987; amd. Sec. 1, Ch. 233, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 23. County Water and/or Sewer Districts Continued › 7-13-2352. Dissolution of district by election

7-13-2352. Dissolution of district by election.
(1) The board of directors may, after notice is given as provided in 7-1-2121, hold a hearing for dissolution of the district if:
(a) the district has no facilities;
(b) the district provides no services;
(c) the board is not a party to any existing contracts and is not engaged in any contract proposals for facilities or services; and
(d) the district has not had outstanding debts for at least 3 years.
(2) At the dissolution hearing, the board of directors shall hear testimony of all persons interested in whether the district should be dissolved.
(3) If the board of directors determines that the dissolution of the district is in the best interests of the public, the board may resolve to recommend that the district be dissolved. The recommendation must include a specific plan for distribution of any remaining assets after dissolution and must be provided to the board of county commissioners in each county in which the district is located.
(4) Upon receipt of a recommendation for dissolution, the board of county commissioners in each county in which the district lies shall order an election on the proposed dissolution.
(5) If the majority of votes cast at the election by qualified electors of the district are in favor of dissolving the district, each board of county commissioners shall by order declare the district dissolved.
(6) Upon dissolution of the district by each board of county commissioners, the clerk of each county in which the district was located shall immediately send written notice to the secretary of state and shall record a certificate stating that the district is dissolved.
(7) Any assets of the district after dissolution must be distributed according to the plan adopted by the board of directors under subsection (3).
History: En. Sec. 2, Ch. 233, L. 2013; amd. Sec. 144, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 24. Garbage and Ash Collection Districts (Repealed) › 7-13-2401. Repealed

7-13-2401. Repealed.
Sec. 28, Ch. 770, L. 1991.
History: En. 16-1031.1 by Sec. 1, Ch. 73, L. 1974; R.C.M. 1947, 16-1031.1.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 24. Garbage and Ash Collection Districts (Repealed) › 7-13-2402. Repealed

7-13-2402. Repealed.
Sec. 28, Ch. 770, L. 1991.
History: En. 16-1031.2 by Sec. 2, Ch. 73, L. 1974; R.C.M. 1947, 16-1031.2(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 24. Garbage and Ash Collection Districts (Repealed) › 7-13-2403. Repealed

7-13-2403. Repealed.
Sec. 28, Ch. 770, L. 1991.
History: En. 16-1031.2 by Sec. 2, Ch. 73, L. 1974; R.C.M. 1947, 16-1031.2(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 24. Garbage and Ash Collection Districts (Repealed) › 7-13-2404. Repealed

7-13-2404. Repealed.
Sec. 28, Ch. 770, L. 1991.
History: En. 16-1031.2 by Sec. 2, Ch. 73, L. 1974; R.C.M. 1947, 16-1031.2(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 24. Garbage and Ash Collection Districts (Repealed) › 7-13-2405. Repealed

7-13-2405. Repealed.
Sec. 28, Ch. 770, L. 1991.
History: En. 16-1031.2 by Sec. 2, Ch. 73, L. 1974; R.C.M. 1947, 16-1031.2(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 24. Garbage and Ash Collection Districts (Repealed) › 7-13-2406. Repealed

7-13-2406. Repealed.
Sec. 28, Ch. 770, L. 1991.
History: En. 16-1031.2 by Sec. 2, Ch. 73, L. 1974; R.C.M. 1947, 16-1031.2(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2501. Repealed

7-13-2501. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Secs. 2, 3, Ch. 198, L. 1961; R.C.M. 1947, 70-409, 70-410.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2502. Repealed

7-13-2502. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 1, Ch. 198, L. 1961; R.C.M. 1947, 70-408.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2503. Repealed

7-13-2503. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 4, Ch. 198, L. 1961; R.C.M. 1947, 70-411; amd. Sec. 1, Ch. 479, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2504. Repealed

7-13-2504. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Secs. 5, 6, Ch. 198, L. 1961; R.C.M. 1947, 70-412(part), 70-413(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2505. Repealed

7-13-2505. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 5, Ch. 198, L. 1961; R.C.M. 1947, 70-412(part); amd. Sec. 571, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2506. Repealed

7-13-2506. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 6, Ch. 198, L. 1961; R.C.M. 1947, 70-413(part); amd. Sec. 23, Ch. 349, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2507. Repealed

7-13-2507. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 7, Ch. 198, L. 1961; R.C.M. 1947, 70-414(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2508. Repealed

7-13-2508. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 7, Ch. 198, L. 1961; R.C.M. 1947, 70-414(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2509. Repealed

7-13-2509. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Secs. 7, 8, Ch. 198, L. 1961; R.C.M. 1947, 70-414(part), 70-415(part); amd. Sec. 8, Ch. 396, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2510. Repealed

7-13-2510. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 13, Ch. 198, L. 1961; R.C.M. 1947, 70-420(part); amd. Sec. 2, Ch. 13, L. 1979; amd. Sec. 2, Ch. 479, L. 1979; amd. Sec. 5, Ch. 500, L. 1981; amd. Sec. 1, Ch. 11, L. 1983; amd. Sec. 21, Ch. 370, L. 1987; amd. Sec. 7, Ch. 543, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2511. Prohibition on operation of cable TV systems

7-13-2511. Prohibition on operation of cable TV systems.
A television district organized under Title 7, chapter 11, part 10, or the former provisions of this part may not perform any acts or take any steps to construct or operate community antenna systems, commonly known and referred to as cable TV systems.
History: En. Sec. 13, Ch. 198, L. 1961; R.C.M. 1947, 70-420(part); amd. Sec. 28, Ch. 286, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2512. Authorization for FM translator

7-13-2512. Authorization for FM translator.
(1) A television district may construct and operate a broadcast FM translator facility (88 to 108 megahertz) as provided in this section.
(2) (a) A request to provide FM translator services may be initiated by a petition signed by at least 51% of the registered electors who are residents of the television district and presented to the board of county commissioners that initially established the district. The petition, its filing and processing, and the public hearing are governed by 7-11-1003, 7-11-1007, and 7-11-1008.
(b) If the county commissioners approve the petition, the resolution must authorize the board of trustees of the district to provide the requested services and must describe the proposed system, including the type of construction, proposed location, and estimated costs.
History: En. Sec. 1, Ch. 13, L. 1979; En. Sec. 10, Ch. 479, L. 1979; amd. Sec. 29, Ch. 286, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2521. Repealed

7-13-2521. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 9, Ch. 198, L. 1961; R.C.M. 1947, 70-416(part); amd. Sec. 8, Ch. 543, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2522. Repealed

7-13-2522. Repealed.
Sec. 25, Ch. 543, L. 1995.
History: En. Sec. 9, Ch. 198, L. 1961; R.C.M. 1947, 70-416(part); amd. Sec. 3, Ch. 479, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2523. Repealed

7-13-2523. Repealed.
Sec. 25, Ch. 543, L. 1995.
History: En. Sec. 9, Ch. 198, L. 1961; R.C.M. 1947, 70-416(part); amd. Sec. 4, Ch. 479, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2524. Repealed

7-13-2524. Repealed.
Sec. 25, Ch. 543, L. 1995.
History: En. Sec. 9, Ch. 198, L. 1961; R.C.M. 1947, 70-416(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2525. Repealed

7-13-2525. Repealed.
Sec. 25, Ch. 543, L. 1995.
History: En. Sec. 14, Ch. 198, L. 1961; R.C.M. 1947, 70-421.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2526. Repealed

7-13-2526. Repealed.
Sec. 25, Ch. 543, L. 1995.
History: En. Sec. 16, Ch. 198, L. 1961; R.C.M. 1947, 70-423.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2527. Repealed

7-13-2527. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 10, Ch. 198, L. 1961; R.C.M. 1947, 70-417; amd. Sec. 3, Ch. 13, L. 1979; amd. Sec. 5, Ch. 479, L. 1979; amd. Sec. 1, Ch. 72, L. 1989; amd. Sec. 1, Ch. 773, L. 1991; amd. Sec. 5, Ch. 267, L. 1993; amd. Sec. 19, Ch. 27, Sp. L. November 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2528. Repealed

7-13-2528. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: (1), (2)En. Sec. 11, Ch. 198, L. 1961; amd. Sec. 1, Ch. 79, L. 1975; Sec. 70-418, R.C.M. 1947; (3)En. Sec. 12, Ch. 198, L. 1961; Sec. 70-419, R.C.M. 1947; R.C.M. 1947, 70-418, 70-419; amd. Sec. 4, Ch. 13, L. 1979; amd. Sec. 6, Ch. 479, L. 1979; amd. Sec. 2, Ch. 72, L. 1989; amd. Sec. 20, Ch. 27, Sp. L. November 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2529. Repealed

7-13-2529. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Secs. 15, 17, Ch. 198, L. 1961; R.C.M. 1947, 70-422, 70-424; amd. Sec. 5, Ch. 13, L. 1979; amd. Sec. 7, Ch. 479, L. 1979; amd. Sec. 3, Ch. 72, L. 1989; amd. Sec. 1, Ch. 538, L. 1991; amd. Sec. 1, Ch. 216, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2541. Repealed

7-13-2541. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 1, Ch. 48, L. 1963; R.C.M. 1947, 70-426; amd. Sec. 8, Ch. 479, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 25. Television Districts › 7-13-2542. Repealed

7-13-2542. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 18, Ch. 198, L. 1961; R.C.M. 1947, 70-425; amd. Sec. 9, Ch. 479, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3001. Definitions

7-13-3001. Definitions.
As used in this part, the following definitions apply:
(1) "District" means a district authorized in 7-13-3002 to provide a system.
(2) "Local government" means a consolidated form of local government provided for in Title 7, chapter 3, parts 11 through 13.
(3) "System" means a public water supply, sanitary sewer system, storm sewer system, or any combination of water supply, sanitary sewer, or storm sewer systems.
History: En. Sec. 1, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3002. Authorization to create district

7-13-3002. Authorization to create district.
Whenever the public convenience and necessity may require, in order to construct a water supply, sanitary sewer, or storm sewer system within a local government that would serve the inhabitants of the local government, the governing body may create a district to provide the system.
History: En. Sec. 2, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3003. Resolution of intention to create district

7-13-3003. Resolution of intention to create district.
(1) Before creating a district, the governing body shall pass a resolution of intention to create the district.
(2) The resolution must designate:
(a) the proposed name of the district;
(b) the necessity for the proposed district;
(c) a general description of the territory or lands to be included within the district, giving the boundaries of the district;
(d) the general character of the system and its proposed location;
(e) the name of the engineer who is to have charge of the work; and
(f) the estimated cost of the district.
History: En. Sec. 3, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3004. Sufficiency of description in resolution of intention

7-13-3004. Sufficiency of description in resolution of intention.
In all resolutions, notices, orders, and determinations subsequent to the resolution of intention and notice of improvements, it is sufficient to briefly describe the work or the district and to refer to the resolution of intention for further particulars.
History: En. Sec. 4, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3005. Notice of resolution of intention upon concurrence -- hearing

7-13-3005. Notice of resolution of intention upon concurrence -- hearing.
(1) The governing body shall give notice of the passage of its resolution of intention to create the district.
(2) The notice must be published as provided in 7-1-2121. A copy of the notice must be mailed to every person, firm, or corporation or the agent of the person, firm, or corporation owning property within the proposed district, at the last-known place of residence, on the same day the notice is first published or posted.
(3) The notice must describe the general character of the improvement or improvements proposed to be made, state the estimated cost, and designate the time when and the place where the governing body will hear and pass upon all protests that may be made against the making or maintenance of the improvements or the creation of the district. The notice must refer to the resolution on file in the office of the local government clerk for the description of the boundaries.
History: En. Sec. 5, Ch. 282, L. 1991; amd. Sec. 38, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3006. Right to protest

7-13-3006. Right to protest.
(1) At any time within 30 days after the date of the first publication of the passage of the resolution of intention, any owner of property liable to be assessed for the system may make written protest against the proposed system.
(2) The protest must be in writing and be delivered to the county clerk, who shall endorse on the protest the date of the receipt.
History: En. Sec. 6, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3007. Sufficient protest to bar proceedings

7-13-3007. Sufficient protest to bar proceedings.
If protests against the proposed system are received from the owners of 50% or more of the area in the proposed district, further proceedings may not be taken by the governing body.
History: En. Sec. 7, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3008. Hearing on protest

7-13-3008. Hearing on protest.
(1) At the next regular meeting of the governing body after the expiration of the time within which protest may be made, the governing body shall hear and pass upon all protests, and its decision is final and conclusive.
(2) In determining whether or not sufficient protests have been filed in the proposed district to prevent further proceedings, property owned by local government and school districts is considered the same as any other property in the district.
(3) The governing body may adjourn the hearing from time to time.
History: En. Sec. 8, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3011. Resolution creating district -- power to order improvements

7-13-3011. Resolution creating district -- power to order improvements.
(1) Before ordering any of the proposed improvements, the governing body shall pass a resolution creating the district in accordance with the resolution of intention introduced and passed by the governing body.
(2) The governing body has jurisdiction to order improvements immediately upon the occurrence of one of the following:
(a) when no protests have been delivered to the county clerk within 30 days after the date of the first publication of the notice of the passing of the resolution of intention;
(b) when a protest is found by the governing body to be insufficient; or
(c) when a protest is overruled.
History: En. Sec. 9, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3012. Governing body to administer district

7-13-3012. Governing body to administer district.
(1) The members of the governing body are ex officio commissioners of the district formed under the provisions of this part and have jurisdiction over the system within the district. The governing body is responsible for the proper functioning and maintenance of the system.
(2) The governing body is responsible for the condition and maintenance of all publicly owned roads, streets, alleys, land, parks, or other thoroughfares within the boundaries of the district affected by the construction or maintenance of the structures under control and jurisdiction of the district.
History: En. Sec. 10, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3013. Change of boundaries -- limitations

7-13-3013. Change of boundaries -- limitations.
(1) The governing body may by resolution make changes in the boundaries of a district as they consider reasonable and proper but may not delete any portion of the proposed area if the deletion will create an island of included or excluded lands.
(2) The governing body may not delete any portion of the proposed area that is contributing or may reasonably be expected to contribute to the pollution of any watercourse or body of water in the proposed area.
(3) For the purpose of subsection (2), it is conclusively presumed that an area that is within 1,500 feet of a proposed or existing sanitary sewer is contributing to the pollution of a watercourse in the proposed area.
History: En. Sec. 11, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3016. Adequate records to be maintained

7-13-3016. Adequate records to be maintained.
The records of the district pertaining to the collection of the operation and maintenance tax levied and the records of the district pertaining to expenditures for construction of the system must be kept and maintained in the office of the treasurer of the local government where the district is located. These records must include but not be limited to a list of individual property that is delinquent in payment, together with the name of the owner or owners of the property.
History: En. Sec. 13, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3017. Assessment of costs

7-13-3017. Assessment of costs.
To defray the cost of installing and maintaining the system under the provisions of this part, the governing body shall adopt the following method of assessment:
(1) The governing body shall assess the entire cost of the improvements against the entire district.
(2) Each lot or parcel of land assessed in the district is to be assessed with that part of the whole cost that its area bears to the area of the entire district, exclusive of streets, avenues, alleys, and public places.
History: En. Sec. 14, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3018. Status of federal property within district

7-13-3018. Status of federal property within district.
Whenever any lot, piece, or parcel of land belonging to the United States fronts upon the proposed work or improvement or is to be included within the district, the governing body shall in the resolution of intention declare that the lots, pieces, or parcels of land must be omitted from the assessment to be made to cover the cost and expenses of the work or improvement, and the cost of the work or improvement in front of the lots, pieces, or parcels of land must be paid by the local government from its general fund.
History: En. Sec. 15, Ch. 282, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 13. Utility Services › Part 30. Consolidated Local Government Water Supply and Sewer Districts › 7-13-3019. Restriction on assessments following change of boundaries

7-13-3019. Restriction on assessments following change of boundaries.
Nothing in 7-13-3013 permits the assessment of the cost of the system against the lands remaining in the district after a boundary change at a higher rate per square foot than the rate per square foot that would have been assessed if the entire cost of the improvements as estimated in the resolution of intention had been assessed against each lot and parcel of land included within the boundaries of the district as described in the resolution of intention unless a new resolution of intention to recreate the district is adopted and a hearing is held on the new resolution after notice as required for the original resolution of intention.
History: En. Sec. 16, Ch. 282, L. 1991.