reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 41. Conduct of Municipal Government › 7-5-4123. Journal of council proceedings

7-5-4123. Journal of council proceedings.
The council must cause a journal of the proceedings to be kept, which must be open to inspection.
History: En. Sec. 4802, Pol. C. 1895; re-en. Sec. 3262, Rev. C. 1907; re-en. Sec. 5053, R.C.M. 1921; Cal. Pol. C. Sec. 4407; re-en. Sec. 5053, R.C.M. 1935; R.C.M. 1947, 11-1013(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 41. Conduct of Municipal Government › 7-5-4124. Destruction of municipal records

7-5-4124. Destruction of municipal records.
(1) Except as provided in subsection (2), on the order of the city or town council or commission and with the written approval of the local government records destruction subcommittee provided for in 2-6-1202, a city or town officer may destroy records that have met the retention period, as contained in the local government records retention and disposition schedules, and that are no longer needed by the office.
(2) If the city or town council or commission has adopted a retention schedule that has been approved by the local government records committee, a city or town officer may destroy records that have met the retention period without the written approval of the local government records destruction subcommittee.
History: (1), (2)En. Sec. 3, Ch. 92, L. 1935; re-en. Sec. 455.3, R.C.M. 1935; amd. Sec. 1, Ch. 65, L. 1974; amd. Sec. 80, Ch. 348, L. 1974; amd. Sec. 37, Ch. 213, L. 1975; Sec. 59-515, R.C.M. 1947; (3)En. Sec. 4, Ch. 92, L. 1935; re-en. Sec. 455.4, R.C.M. 1935; amd. Sec. 12, Ch. 189, L. 1953; amd. Sec. 1, Ch. 90, L. 1963; amd. Sec. 1, Ch. 95, L. 1967; Sec. 59-516, R.C.M. 1947; R.C.M. 1947, 59-515, 59-516(part); amd. Sec. 1, Ch. 217, L. 1981; amd. Sec. 7, Ch. 274, L. 1981; amd. Sec. 1, Ch. 287, L. 1983; amd. Sec. 2, Ch. 430, L. 1985; amd. Sec. 14, Ch. 420, L. 1993; amd. Sec. 36, Ch. 348, L. 2015; amd. Sec. 3, Ch. 678, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 41. Conduct of Municipal Government › 7-5-4125. Convenience fee for electronic municipal government services

7-5-4125. Convenience fee for electronic municipal government services.
(1) The municipality may charge a convenience fee and may allow municipal departments to collect the convenience fee on selected electronic government services in order to provide funding for the support and furtherance of electronic government services.
(2) As used in this section, "convenience fee" means a fee charged to recover the costs of providing electronic government services.
History: En. Sec. 2, Ch. 264, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 41. Conduct of Municipal Government › 7-5-4141. Membership in organizations of municipal officers

7-5-4141. Membership in organizations of municipal officers.
(1) The governing body of a city or town may pay:
(a) the membership fees and dues in any organization of city and town officials when the purpose of the organization is improvement of laws relating to city and town government and their better and more economical administration; and
(b) the necessary expenses of any regular officer or employee of the city or town in attending any convention or meeting of such organization upon the direction of the governing body by order upon its minutes, stating that the public interest requires such attendance.
(2) The payment of membership fees, dues, and/or expenses is to be made from such fund of the city or town as the governing body shall direct in the order, with the claim presented, audited, and allowed as are other claims against the city or town.
History: En. Sec. 1, Ch. 241, L. 1921; re-en. Sec. 443, R.C.M. 1921; amd. Sec. 1, Ch. 124, L. 1923; amd. Sec. 1, Ch. 48, L. 1927; amd. Sec. 1, Ch. 86, L. 1931; amd. Sec. 1, Ch. 130, L. 1933; re-en. Sec. 443, R.C.M. 1935; amd. Sec. 1, Ch. 119, L. 1943; amd. Sec. 1, Ch. 58, L. 1949; amd. Sec. 1, Ch. 184, L. 1957; amd. Sec. 11, Ch. 80, L. 1961; amd. Sec. 1, Ch. 85, L. 1963; amd. Sec. 1, Ch. 79, L. 1965; amd. Sec. 1, Ch. 66, L. 1967; amd. Sec. 1, Ch. 174, L. 1967; amd. Sec. 1, Ch. 182, L. 1973; R.C.M. 1947, 25-508(3); amd. Sec. 5, Ch. 311, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 41. Conduct of Municipal Government › 7-5-4142. Attendance at meetings and conventions by municipal officers and employees

7-5-4142. Attendance at meetings and conventions by municipal officers and employees.
Unless otherwise provided by law, a city officer or employee may not receive payment from any public funds for traveling expenses or other expenses of any sort for attendance at a convention, meeting, or other gathering of public officers except for attendance upon a convention, meeting, or other gathering that the officer or employee may by virtue of the office find it necessary to attend.
History: En. Sec. 1, Ch. 241, L. 1921; re-en. Sec. 443, R.C.M. 1921; amd. Sec. 1, Ch. 124, L. 1923; amd. Sec. 1, Ch. 48, L. 1927; amd. Sec. 1, Ch. 86, L. 1931; amd. Sec. 1, Ch. 130, L. 1933; re-en. Sec. 443, R.C.M. 1935; amd. Sec. 1, Ch. 119, L. 1943; amd. Sec. 1, Ch. 58, L. 1949; amd. Sec. 1, Ch. 184, L. 1957; amd. Sec. 11, Ch. 80, L. 1961; amd. Sec. 1, Ch. 85, L. 1963; amd. Sec. 1, Ch. 79, L. 1965; amd. Sec. 1, Ch. 66, L. 1967; amd. Sec. 1, Ch. 174, L. 1967; amd. Sec. 1, Ch. 182, L. 1973; R.C.M. 1947, 25-508(part); amd. Sec. 6, Ch. 311, L. 1979; amd. Sec. 467, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4201. Municipal ordinances

7-5-4201. Municipal ordinances.
(1) The style of ordinances may be as follows: "Be it ordained by the council of the city of.... (or town of....)", and all ordinances may be published or posted as prescribed by the council.
(2) All ordinances, bylaws, and resolutions must be passed by the council and approved by the mayor or the person acting in the mayor's stead and must be recorded in a book kept by the clerk, called "The Ordinance Book", and numbered by numerical decimal system in the order in which they are passed or codified.
(3) An ordinance may not:
(a) include a prohibited action provided in 7-5-103; or
(b) contain more than one subject, which must be clearly expressed in its title, except ordinances for the codification and revision of ordinances.
History: (1)En. Sec. 4804, Pol. C. 1895; re-en. Sec. 3264, Rev. C. 1907; re-en. Sec. 5055, R.C.M. 1921; re-en. Sec. 5055, R.C.M. 1935; Sec. 11-1101, R.C.M. 1947; (2), (3)En. Sec. 4805, Pol. C. 1895; re-en. Sec. 3265, Rev. C. 1907; re-en. Sec. 5056, R.C.M. 1921; re-en. Sec. 5056, R.C.M. 1935; amd. Sec. 1, Ch. 38, L. 1967; amd. Sec. 1, Ch. 231, L. 1969; amd. Sec. 1, Ch. 111, L. 1975; Sec. 11-1102, R.C.M. 1947; R.C.M. 1947, 11-1101, 11-1102(part); amd. Sec. 468, Ch. 61, L. 2007; amd. Sec. 6, Ch. 408, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4202. Incorporation of technical codes by reference

7-5-4202. Incorporation of technical codes by reference.
(1) The governing body of an incorporated city or town may adopt technical building, zoning, health, electrical, fire, and plumbing codes in whole or in part by reference.
(2) The notice of intent to adopt a technical code in whole or in part by reference must be published as provided in 7-1-4127. A copy of the code or part to be adopted must be filed with the clerk of the city or town for inspection by the public.
(3) If a technical code or part of a code is adopted by reference, a record in "The Ordinance Book" may be made by recording the ordinance without setting forth the provisions of the code or part of a code adopted.
History: En. Sec. 4805, Pol. C. 1895; re-en. Sec. 3265, Rev. C. 1907; re-en. Sec. 5056, R.C.M. 1921; re-en. Sec. 5056, R.C.M. 1935; amd. Sec. 1, Ch. 38, L. 1967; amd. Sec. 1, Ch. 231, L. 1969; amd. Sec. 1, Ch. 111, L. 1975; R.C.M. 1947, 11-1102(2), (3); amd. Sec. 1, Ch. 113, L. 1987; amd. Sec. 13, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4203. Effective date of ordinances and resolutions

7-5-4203. Effective date of ordinances and resolutions.
(1) An ordinance passed by the council of any city or town may not become effective until 30 days after its passage except:
(a) general appropriation ordinances providing for the ordinary and current expenses of the city or town; and
(b) emergency measures.
(2) A resolution is immediately effective unless a delayed effective date is specified in the resolution.
History: En. Ch. 167, L. 1907; Sec. 3268, Rev. C. 1907; re-en. Sec. 5060, R.C.M. 1921; re-en. Sec. 5060, R.C.M. 1935; R.C.M. 1947, 11-1106(part); amd. Sec. 7, Ch. 311, L. 1979; amd. Sec. 2, Ch. 309, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4204. Details relating to emergency measures

7-5-4204. Details relating to emergency measures.
In the case of emergency measures, the emergency must be expressed in the preamble or in the body of the measure and the measure must receive a two-thirds vote of all the members elected. In emergency ordinances, the resolutions shall include only such measures as are immediately necessary for the preservation of peace, health, and safety and shall not include:
(1) a franchise or license to a corporation or individual;
(2) any provisions for the sale of real estate;
(3) any lease or letting of any property for a period exceeding 1 year; or
(4) the purchase or sale of personal property exceeding $5,000 in value.
History: En. Ch. 167, L. 1907; Sec. 3268, Rev. C. 1907; re-en. Sec. 5060, R.C.M. 1921; re-en. Sec. 5060, R.C.M. 1935; R.C.M. 1947, 11-1106(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4205. Powers of mayor related to ordinances and resolutions

7-5-4205. Powers of mayor related to ordinances and resolutions.
The mayor has power to:
(1) cause the ordinances of the city or town to be executed;
(2) approve all ordinances and resolutions of the council adopted by it;
(3) veto any objectionable part of a resolution or ordinance and approve the other parts.
History: En. Sec. 367, 5th Div. Comp. Stat. 1887; amd. Sec. 13, p. 126, L. 1893; amd. Sec. 4781, Pol. C. 1895; re-en. Sec. 3250, Rev. C. 1907; re-en. Sec. 5030, R.C.M. 1921; Cal. Pol. C. Sec. 4386; re-en. Sec. 5030, R.C.M. 1935; amd. Sec. 1, Ch. 535, L. 1975; R.C.M. 1947, 11-802(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4206. Procedure to veto ordinance or resolution

7-5-4206. Procedure to veto ordinance or resolution.
(1) In case an ordinance or resolution does not meet the mayor's approbation, the mayor has power to return the same to the next regular meeting of the council, with all objections in writing. No ordinance or resolution so vetoed by the mayor must go into effect unless the same be afterwards passed by two-thirds vote of the whole number of members of the council.
(2) If the mayor fails to return any resolution or ordinance as aforesaid, the same takes effect without further action.
History: En. Sec. 367, 5th Div. Comp. Stat. 1887; amd. Sec. 13, p. 126, L. 1893; amd. Sec. 4781, Pol. C. 1895; re-en. Sec. 3250, Rev. C. 1907; re-en. Sec. 5030, R.C.M. 1921; Cal. Pol. C. Sec. 4386; re-en. Sec. 5030, R.C.M. 1935; amd. Sec. 1, Ch. 535, L. 1975; R.C.M. 1947, 11-802(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4207. Penalties for violation of municipal ordinances

7-5-4207. Penalties for violation of municipal ordinances.
(1) Except as provided in 7-5-4209 and subsection (2) of this section, the city or town council may impose fines and penalties for the violation of any city ordinance, but a fine or penalty may not exceed $500 and imprisonment may not exceed 6 months for any one offense.
(2) A local government may fix penalties for the violation of an ordinance relating to local or federal wastewater pretreatment standards implementing the Federal Water Pollution Control Act, 33 U.S.C. 1251 through 1387, if the penalties do not exceed $1,000 per day for each violation or 6 months' imprisonment, or both.
History: En. Subd. 48, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.47, R.C.M. 1935; amd. Sec. 1, Ch. 202, L. 1974; R.C.M. 1947, 11-950; amd. Sec. 2, Ch. 597, L. 1993; amd. Sec. 3, Ch. 415, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4208. Applicability of part

7-5-4208. Applicability of part.
(1) Except as provided in subsection (2), the provisions of this part govern the adoption procedures and effect of municipal ordinances and resolutions.
(2) The following provisions apply to adoption procedures and effect of municipal ordinances and resolutions, notwithstanding the provisions of this part:
(a) Provisions of law not within Title 7, chapter 5, parts 1 and 42, that set forth different procedures for the adoption of an ordinance or resolution relating to specific situations govern the adoption rather than the general provisions of this part or part 1 of this chapter.
(b) Sections of Title 7, chapter 5, part 1, that are in conflict with the provisions of this part may be adopted by a municipality by ordinance to govern the adoption of ordinances and resolutions and the effects of such ordinances and resolutions as a substitute for the applicable sections of this part.
(c) Sections of Title 7, chapter 5, part 1, that address procedures or effects which are neither addressed by this part nor in conflict with any provision of this part apply to municipal ordinances and resolutions.
History: En. Sec. 1, Ch. 315, L. 1981; amd. Sec. 7, Ch. 220, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4209. Social host ordinances fining landlords prohibited -- maintaining lists for enforcement prohibited

7-5-4209. Social host ordinances fining landlords prohibited -- maintaining lists for enforcement prohibited.
(1) A social host ordinance enacted by a municipality may not impose a fine on a person who is a landlord of the property as defined in 70-24-103 unless the landlord is a participant in the party, event, or gathering that results in a violation of a social host ordinance.
(2) As part of enforcement of a social host ordinance, a municipality may not maintain or circulate a list of landlords, property owners, or properties on which a social host ordinance violation has occurred.
(3) For the purposes of this section, a "social host ordinance" is an ordinance enacted to prohibit the encouraging, conducting, allowing, or organizing of parties, events, and gatherings at which a person under 21 years of age is in possession of or is consuming an alcoholic beverage.
History: En. Sec. 1, Ch. 415, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4211. Repealed

7-5-4211. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Ch. 167, L. 1907; Sec. 3266, Rev. C. 1907; re-en. Sec. 5058, R.C.M. 1921; re-en. Sec. 5058, R.C.M. 1935; amd. Sec. 1, Ch. 24, L. 1951; amd. Sec. 1, Ch. 126, L. 1967; R.C.M. 1947, 11-1104(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4212. Repealed

7-5-4212. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Ch. 167, L. 1907; Sec. 3266, Rev. C. 1907; re-en. Sec. 5058, R.C.M. 1921; re-en. Sec. 5058, R.C.M. 1935; amd. Sec. 1, Ch. 24, L. 1951; amd. Sec. 1, Ch. 126, L. 1967; R.C.M. 1947, 11-1104(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4213. Repealed

7-5-4213. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Ch. 167, L. 1907; Sec. 3266, Rev. C. 1907; re-en. Sec. 5058, R.C.M. 1921; re-en. Sec. 5058, R.C.M. 1935; amd. Sec. 1, Ch. 24, L. 1951; amd. Sec. 1, Ch. 126, L. 1967; R.C.M. 1947, 11-1104(2), (3).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4214. Repealed

7-5-4214. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Ch. 167, L. 1907; Sec. 3266, Rev. C. 1907; re-en. Sec. 5058, R.C.M. 1921; re-en. Sec. 5058, R.C.M. 1935; amd. Sec. 1, Ch. 24, L. 1951; amd. Sec. 1, Ch. 126, L. 1967; R.C.M. 1947, 11-1104(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4215. Repealed

7-5-4215. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Ch. 167, L. 1907; Sec. 3266, Rev. C. 1907; re-en. Sec. 5058, R.C.M. 1921; re-en. Sec. 5058, R.C.M. 1935; amd. Sec. 1, Ch. 24, L. 1951; amd. Sec. 1, Ch. 126, L. 1967; R.C.M. 1947, 11-1104(5).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4216. Repealed

7-5-4216. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Ch. 167, L. 1907; Sec. 3266, Rev. C. 1907; re-en. Sec. 5058, R.C.M. 1921; re-en. Sec. 5058, R.C.M. 1935; amd. Sec. 1, Ch. 24, L. 1951; amd. Sec. 1, Ch. 126, L. 1967; R.C.M. 1947, 11-1104(6).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4217. Repealed

7-5-4217. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: (1)En. Ch. 167, L. 1907; Sec. 3269, Rev. C. 1907; re-en. Sec. 5061, R.C.M. 1921; re-en. Sec. 5061, R.C.M. 1935; amd. Sec. 1, Ch. 94, L. 1967; Sec. 11-1107, R.C.M. 1947; (2)En. Ch. 167, L. 1907; Sec. 3276, Rev. C. 1907; re-en. Sec. 5068, R.C.M. 1921; re-en. Sec. 5068, R.C.M. 1935; Sec. 11-1114, R.C.M. 1947; R.C.M. 1947, 11-1107, 11-1114.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4218. Repealed

7-5-4218. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Ch. 167, L. 1907; Sec. 3275, Rev. C. 1907; re-en. Sec. 5067, R.C.M. 1921; re-en. Sec. 5067, R.C.M. 1935; R.C.M. 1947, 11-1113.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4219. Repealed

7-5-4219. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Ch. 167, L. 1907; Sec. 3274, Rev. C. 1907; re-en. Sec. 5066, R.C.M. 1921; re-en. Sec. 5066, R.C.M. 1935; R.C.M. 1947, 11-1112(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4220. Repealed

7-5-4220. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Ch. 167, L. 1907; Secs. 3267, 3270, 3271, Rev. C. 1907; re-en. Secs. 5059, 5062, 5063, R.C.M. 1921; re-en. Secs. 5059, 5062, 5063, R.C.M. 1935; R.C.M. 1947, 11-1105, 11-1108, 11-1109.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4221. Repealed

7-5-4221. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Ch. 167, L. 1907; Sec. 3272, Rev. C. 1907; re-en. Sec. 5064, R.C.M. 1921; re-en. Sec. 5064, R.C.M. 1935; R.C.M. 1947, 11-1110.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4222. Repealed

7-5-4222. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Ch. 167, L. 1907; Sec. 3273, Rev. C. 1907; re-en. Sec. 5065, R.C.M. 1921; re-en. Sec. 5065, R.C.M. 1935; R.C.M. 1947, 11-1111(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4223. Repealed

7-5-4223. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Ch. 167, L. 1907; Sec. 3274, Rev. C. 1907; re-en. Sec. 5066, R.C.M. 1921; re-en. Sec. 5066, R.C.M. 1935; R.C.M. 1947, 11-1112(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4224. Repealed

7-5-4224. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Ch. 167, L. 1907; Sec. 3273, Rev. C. 1907; re-en. Sec. 5065, R.C.M. 1921; re-en. Sec. 5065, R.C.M. 1935; R.C.M. 1947, 11-1111(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 42. Municipal Ordinances and Resolutions › 7-5-4225. Repealed

7-5-4225. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Ch. 167, L. 1907; Sec. 3273, Rev. C. 1907; re-en. Sec. 5065, R.C.M. 1921; re-en. Sec. 5065, R.C.M. 1935; R.C.M. 1947, 11-1111(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 43. Municipal Contracts and Franchises › 7-5-4301. Power to enter and execute contracts

7-5-4301. Power to enter and execute contracts.
(1) A city or town is authorized to make any contracts necessary to carry into effect the applicable powers granted by this chapter and to provide for the manner of executing the contracts.
(2) (a) All necessary contracts for professional, technical, engineering, or legal services are excluded from the provisions of 7-5-4302 through 7-5-4304, 7-5-4306, and 7-5-4307. However, contracts in which the value of the majority of the services to be rendered constitute services other than professional, technical, engineering, or legal services must be awarded under the bidding procedure provided for in 7-5-4302 through 7-5-4304, 7-5-4306, and 7-5-4307.
(b) (i) Except as provided in subsection (2)(b)(ii), supervision over or operation of a physical plant that provides water, sewer, or power services to a municipality does not constitute a service excluded under the provisions of subsection (2)(a).
(ii) A city, town, or municipality may extend, renew, or amend a contract or series of contracts for the supervision or operation of a physical plant that provides water, sewer, or power services without proceeding under the bidding procedure provided for in 7-5-4302 through 7-5-4304, 7-5-4306, and 7-5-4307 if:
(A) one or more of the contracts were awarded to the entity in accordance with the competitive bidding procedures provided in 7-5-4302 through 7-5-4304, 7-5-4306, and 7-5-4307; and
(B) the entity has provided the services to the city, town, or municipality for the immediately preceding 5-year period.
History: (1)En. Subd. 63, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.62, R.C.M. 1935; Sec. 11-965, R.C.M. 1947; (2)En. Sec. 1, Ch. 48, L. 1907; Sec. 3278, Rev. C. 1907; re-en. Sec. 5070, R.C.M. 1921; amd. Sec. 1, Ch. 22, L. 1927; re-en. Sec. 5070, R.C.M. 1935; amd. Sec. 1, Ch. 18, L. 1939; amd. Sec. 1, Ch. 59, L. 1941; amd. Sec. 1, Ch. 153, L. 1947; amd. Sec. 1, Ch. 139, L. 1949; amd. Sec. 1, Ch. 220, L. 1959; amd. Sec. 1, Ch. 26, L. 1963; amd. Sec. 1, Ch. 121, L. 1969; amd. Sec. 1, Ch. 371, L. 1971; Sec. 11-1202, R.C.M. 1947; R.C.M. 1947, 11-965, 11-1202(part); amd. Sec. 1, Ch. 542, L. 1983; amd. Sec. 1, Ch. 182, L. 1987; amd. Sec. 1, Ch. 526, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 43. Municipal Contracts and Franchises › 7-5-4302. Competitive, advertised bidding required for certain purchase and construction contracts

7-5-4302. Competitive, advertised bidding required for certain purchase and construction contracts.
(1) Except as provided in 7-5-4303, 7-5-4310, or Title 18, chapter 2, part 5, a contract for the purchase of any automobile, truck, other vehicle, road machinery, other machinery, apparatus, appliances, equipment, or materials or supplies or for construction, repair, or maintenance in excess of $80,000 must be let to the lowest responsible bidder after advertisement for bids.
(2) The advertisement must be published as provided in 7-1-4127, and the second publication must be made not less than 5 days or more than 12 days before the consideration of bids. If the advertisement is made by posting, 15 days must elapse, including the day of posting, between the time of the posting of the advertisement and the day set for considering bids.
(3) The council may:
(a) postpone awarding a contract until the next regular meeting after bids are received in response to the advertisement;
(b) reject any or all bids; and
(c) readvertise as provided in this section.
History: En. Sec. 1, Ch. 48, L. 1907; Sec. 3278, Rev. C. 1907; re-en. Sec. 5070, R.C.M. 1921; amd. Sec. 1, Ch. 22, L. 1927; re-en. Sec. 5070, R.C.M. 1935; amd. Sec. 1, Ch. 18, L. 1939; amd. Sec. 1, Ch. 59, L. 1941; amd. Sec. 1, Ch. 153, L. 1947; amd. Sec. 1, Ch. 139, L. 1949; amd. Sec. 1, Ch. 220, L. 1959; amd. Sec. 1, Ch. 26, L. 1963; amd. Sec. 1, Ch. 121, L. 1969; amd. Sec. 1, Ch. 371, L. 1971; R.C.M. 1947, 11-1202(part); amd. Sec. 1, Ch. 429, L. 1981; amd. Sec. 1, Ch. 169, L. 1987; amd. Sec. 1, Ch. 475, L. 1993; amd. Sec. 2, Ch. 459, L. 1997; amd. Sec. 14, Ch. 354, L. 2001; amd. Sec. 1, Ch. 192, L. 2005; amd. Sec. 5, Ch. 574, L. 2005; amd. Sec. 2, Ch. 110, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 43. Municipal Contracts and Franchises › 7-5-4303. Exemptions from bidding or advertising requirements for certain contracts

7-5-4303. Exemptions from bidding or advertising requirements for certain contracts.
(1) The provisions of 7-5-4302 as to advertisement for bids shall not apply upon the happening of any emergency caused by fire, flood, explosion, storm, earthquake, riot, insurrection, or other similar emergency, but in such case the council may proceed in any manner which, in the judgment of three-fourths of the members of the council present at the meeting, duly recorded in the minutes of the proceedings of the council by aye and nay vote, will best meet the emergency and serve the public interest. Such emergency shall be declared and recorded at length in the minutes of the proceedings of the council at the time the vote thereon is taken and recorded.
(2) When there are sufficient funds in the budget for supplies or equipment, a city or town may, without bid, purchase such supplies or equipment from government agencies available to cities or towns when the same can be purchased by such city or town at a substantial saving to such city or town.
History: En. Sec. 1, Ch. 48, L. 1907; Sec. 3278, Rev. C. 1907; re-en. Sec. 5070, R.C.M. 1921; amd. Sec. 1, Ch. 22, L. 1927; re-en. Sec. 5070, R.C.M. 1935; amd. Sec. 1, Ch. 18, L. 1939; amd. Sec. 1, Ch. 59, L. 1941; amd. Sec. 1, Ch. 153, L. 1947; amd. Sec. 1, Ch. 139, L. 1949; amd. Sec. 1, Ch. 220, L. 1959; amd. Sec. 1, Ch. 26, L. 1963; amd. Sec. 1, Ch. 121, L. 1969; amd. Sec. 1, Ch. 371, L. 1971; R.C.M. 1947, 11-1202(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 43. Municipal Contracts and Franchises › 7-5-4304. Certain contracts to be submitted to voters

7-5-4304. Certain contracts to be submitted to voters.
A contract may not be let pursuant to 7-5-4302 that extends over a period of 5 years or more, except contracts for solid waste management systems as defined in 75-10-103, which may not exceed 10 years, or obligations issued pursuant to 7-7-4104, without first submitting the question to a vote of the electors of the city or town.
History: En. Sec. 1, Ch. 48, L. 1907; Sec. 3278, Rev. C. 1907; re-en. Sec. 5070, R.C.M. 1921; amd. Sec. 1, Ch. 22, L. 1927; re-en. Sec. 5070, R.C.M. 1935; amd. Sec. 1, Ch. 18, L. 1939; amd. Sec. 1, Ch. 59, L. 1941; amd. Sec. 1, Ch. 153, L. 1947; amd. Sec. 1, Ch. 139, L. 1949; amd. Sec. 1, Ch. 220, L. 1959; amd. Sec. 1, Ch. 26, L. 1963; amd. Sec. 1, Ch. 121, L. 1969; amd. Sec. 1, Ch. 371, L. 1971; R.C.M. 1947, 11-1202(part); amd. Sec. 8, Ch. 311, L. 1979; amd. Sec. 8, Ch. 220, L. 1985; amd. Sec. 2, Ch. 770, L. 1991; amd. Sec. 1, Ch. 139, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 43. Municipal Contracts and Franchises › 7-5-4305. Prohibition on division of contracts to circumvent bidding requirements

7-5-4305. Prohibition on division of contracts to circumvent bidding requirements.
Whenever any law of this state provides a limitation upon the amount of money that a city or town can expend upon any public work or construction project without letting such public work or construction project to contract under competitive bidding procedures, a city or town shall not circumvent such provision by dividing a public work or construction project or quantum of work to be performed thereunder, which by its nature or character is integral to such public work or construction project or serves to accomplish one of the basic purposes or functions thereof, into several contracts or separate work orders or by any similar device.
History: En. Sec. 1, Ch. 183, L. 1971; R.C.M. 1947, 11-1202.1.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 43. Municipal Contracts and Franchises › 7-5-4306. Use of installment purchase contract

7-5-4306. Use of installment purchase contract.
When the amount to be paid under an installment purchase contract exceeds $4,000, the council may provide for the payment of the amount in installments extending over a period of not more than 10 years if at the time of entering into the contract, there is an unexpended balance of appropriation in the budget for the then-current fiscal year available and sufficient to pay for the portion of the contract price payable during the then-current fiscal year. The budget for each following year in which any portion of the purchase price is to be paid must contain an appropriation for the purpose of paying that portion. The limitations contained in this section do not apply to installment purchase contracts entered into pursuant to 7-7-4104.
History: En. Sec. 1, Ch. 48, L. 1907; Sec. 3278, Rev. C. 1907; re-en. Sec. 5070, R.C.M. 1921; amd. Sec. 1, Ch. 22, L. 1927; re-en. Sec. 5070, R.C.M. 1935; amd. Sec. 1, Ch. 18, L. 1939; amd. Sec. 1, Ch. 59, L. 1941; amd. Sec. 1, Ch. 153, L. 1947; amd. Sec. 1, Ch. 139, L. 1949; amd. Sec. 1, Ch. 220, L. 1959; amd. Sec. 1, Ch. 26, L. 1963; amd. Sec. 1, Ch. 121, L. 1969; amd. Sec. 1, Ch. 371, L. 1971; R.C.M. 1947, 11-1202(part); amd. Sec. 2, Ch. 429, L. 1981; amd. Sec. 2, Ch. 475, L. 1993; amd. Sec. 3, Ch. 459, L. 1997; amd. Sec. 2, Ch. 139, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 43. Municipal Contracts and Franchises › 7-5-4307. Sale or trade-in of old supplies or equipment

7-5-4307. Sale or trade-in of old supplies or equipment.
Old supplies or equipment may be sold by the city or town to the highest responsible bidder after calling for bid purchasers as herein set forth for bid sellers, and such city or town may trade in supplies or old equipment on new supplies or equipment at such bid price as will result in the lowest net price.
History: En. Sec. 1, Ch. 48, L. 1907; Sec. 3278, Rev. C. 1907; re-en. Sec. 5070, R.C.M. 1921; amd. Sec. 1, Ch. 22, L. 1927; re-en. Sec. 5070, R.C.M. 1935; amd. Sec. 1, Ch. 18, L. 1939; amd. Sec. 1, Ch. 59, L. 1941; amd. Sec. 1, Ch. 153, L. 1947; amd. Sec. 1, Ch. 139, L. 1949; amd. Sec. 1, Ch. 220, L. 1959; amd. Sec. 1, Ch. 26, L. 1963; amd. Sec. 1, Ch. 121, L. 1969; amd. Sec. 1, Ch. 371, L. 1971; R.C.M. 1947, 11-1202(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 43. Municipal Contracts and Franchises › 7-5-4308. Procedure to modify contract

7-5-4308. Procedure to modify contract.
(1) When it becomes necessary in the prosecution of any work to make alterations or modifications of the specifications or plans of a contract, the alteration or modification may be made only by resolution of the council. The resolution is not in effect until the price to be paid for the work is agreed to in writing and signed by the contractor and approved by the council.
(2) A contractor may not be allowed anything for extra work caused by an alteration or modification unless a resolution is made and an agreement is signed as provided in subsection (1). A contractor may not be allowed more for the alteration than the price fixed by the agreement.
History: En. Secs. 4809, 4810, Pol. C. 1895; re-en. Secs. 3280, 3281, Rev. C. 1907; re-en. Secs. 5072, 5073, R.C.M. 1921; re-en. Secs. 5072, 5073, R.C.M. 1935; R.C.M. 1947, 11-1204, 11-1205; amd. Sec. 469, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 43. Municipal Contracts and Franchises › 7-5-4309. Repealed

7-5-4309. Repealed.
Sec. 1, Ch. 81, L. 1983.
History: En. Sec. 4808, Pol. C. 1895; re-en. Sec. 3279, Rev. C. 1907; re-en. Sec. 5071, R.C.M. 1921; re-en. Sec. 5071, R.C.M. 1935; R.C.M. 1947, 11-1203.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 43. Municipal Contracts and Franchises › 7-5-4310. Use of public auction to make purchase

7-5-4310. Use of public auction to make purchase.
In lieu of soliciting bids, the council may purchase at public auction any vehicle, machinery, appliances, apparatus, building, or materials and supplies for which must be paid a sum of $50,000 or less.
History: En. Sec. 2, Ch. 169, L. 1987; amd. Sec. 2, Ch. 192, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 43. Municipal Contracts and Franchises › 7-5-4315. Energy performance contracts exempt

7-5-4315. Energy performance contracts exempt.
This part does not apply to solicitation and award of an investment grade energy audit or energy performance contract pursuant to Title 90, chapter 4, part 11, or to the construction or installation of conservation measures pursuant to the energy performance contract.
History: En. Sec. 12, Ch. 162, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 43. Municipal Contracts and Franchises › 7-5-4316. Repealed

7-5-4316. Repealed.
Sec. 8, Ch. 188, L. 2013.
History: En. Sec. 1, Ch. 132, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 43. Municipal Contracts and Franchises › 7-5-4321. Grant of exclusive franchise -- election required

7-5-4321. Grant of exclusive franchise -- election required.
(1) The council may not grant an exclusive franchise or special privilege to any person except in the manner specified in subsection (2). The powers of the council are only those expressly prescribed by law and those necessarily incident to the law.
(2) An exclusive franchise for any purpose, except contracts for solid waste management systems as defined in 75-10-103, which may not exceed 10 years, may not be granted by any city or town or by the mayor or city council to any person, association, or corporation without first submitting the application for an exclusive franchise to the electors of the city at an election.
(3) The election must be conducted in accordance with 7-5-4322 and Title 13, chapter 1, part 4.
(4) If the majority of the votes cast at the election are "For granting franchise", the mayor and city council shall grant the franchise by the passage and approval of a proper ordinance.
History: (1)En. Sec. 4813, Pol. C. 1895; re-en. Sec. 3290, Rev. C. 1907; amd. Sec. 1, Ch. 29, L. 1921; re-en. Sec. 5074, R.C.M. 1921; re-en. Sec. 5074, R.C.M. 1935; Sec. 11-1206, R.C.M. 1947; (2)En. Sec. 1, Ch. 85, L. 1903; re-en. Sec. 3291, Rev. C. 1907; re-en. Sec. 5075, R.C.M. 1921; re-en. Sec. 5075, R.C.M. 1935; Sec. 11-1207, R.C.M. 1947; R.C.M. 1947, 11-1206, 11-1207; amd. Sec. 9, Ch. 311, L. 1979; amd. Sec. 1, Ch. 283, L. 1981; amd. Sec. 3, Ch. 770, L. 1991; amd. Sec. 26, Ch. 387, L. 1995; amd. Sec. 78, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 43. Municipal Contracts and Franchises › 7-5-4322. Election notice -- ballot form

7-5-4322. Election notice -- ballot form.
(1) Notice of the election must be provided in accordance with 13-1-108. The notice must state the time and place of holding the election, the character of any franchise applied for, and the valuable consideration, if there is any, to be derived by the city.
(2) At the election, the ballots must contain the words "For granting franchise" and "Against granting franchise".
History: (1), (2)En. Sec. 2, Ch. 85, L. 1903; re-en. Sec. 3292, Rev. C. 1907; re-en. Sec. 5076, R.C.M. 1921; re-en. Sec. 5076, R.C.M. 1935; Sec. 11-1208, R.C.M. 1947; (3)En. Sec. 3, Ch. 85, L. 1903; re-en. Sec. 3293, Rev. C. 1907; re-en. Sec. 5077, R.C.M. 1921; re-en. Sec. 5077, R.C.M. 1935; Sec. 11-1209, R.C.M. 1947; R.C.M. 1947, 11-1208, 11-1209; amd. Sec. 304, Ch. 571, L. 1979; amd. Sec. 470, Ch. 61, L. 2007; amd. Sec. 79, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 44. Municipal Elections › 7-5-4401. Division of municipalities into wards

7-5-4401. Division of municipalities into wards.
(1) The first city or town council elected under the provisions of this title must divide the city or town into wards for election and other purposes, having regard to population so as to make them as nearly equal as possible.
(2) (a) Cities of the first class must be divided into not less than four or more than 10 wards.
(b) Cities of the second class must be divided into not less than three or more than six wards.
(c) Cities of the third class must be divided into not less than two or more than four wards.
(d) Towns must be divided into not less than two or more than three wards; provided, however, that the town council may by ordinance reduce the number of wards in a town to only one if it so desires.
(3) All changes in the number and boundaries of wards must be made by ordinance. No new ward must be created unless there shall be within its boundaries 150 or more electors.
History: (1)En. Sec. 4746, Pol. C. 1895; re-en. Sec. 3222, Rev. C. 1907; re-en. Sec. 5001, R.C.M. 1921; re-en. Sec. 5001, R.C.M. 1935; Sec. 11-707, R.C.M. 1947; (2), (3)En. Sec. 4747, Pol C. 1895; re-en. Sec. 3223, Rev. C. 1907; amd. Sec. 1, Ch. 74, L. 1909; re-en. Sec. 5002, R.C.M. 1921; re-en. Sec. 5002, R.C.M. 1935; amd. Sec. 1, Ch. 39, L. 1943; Sec. 11-708, R.C.M. 1947; R.C.M. 1947, 11-707, 11-708.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 44. Municipal Elections › 7-5-4402. Repealed

7-5-4402. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 4, p. 122, L. 1893; amd. Sec. 4748, Pol. C. 1895; re-en. Sec. 3224, Rev. C. 1907; re-en. Sec. 5003, R.C.M. 1921; amd. Sec. 1, Ch. 60, L. 1935; re-en. Sec. 4003, R.C.M. 1935; amd. Sec. 1, Ch. 193, L. 1971; amd. Sec. 1, Ch. 343, L. 1971; R.C.M. 1947, 11-709(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 44. Municipal Elections › 7-5-4403. Repealed

7-5-4403. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 4754, Pol. C. 1895; re-en. Sec. 3230, Rev. C. 1907; re-en. Sec. 5009, R.C.M. 1921; re-en. Sec. 5009, R.C.M. 1935; amd. Sec. 4, Ch. 76, L. 1961; R.C.M. 1947, 11-715.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 44. Municipal Elections › 7-5-4404. Repealed

7-5-4404. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 1, Ch. 187, L. 1907; Sec. 3232, Rev. C. 1907; amd. Sec. 1, Ch. 59, L. 1909; re-en. Sec. 5011, R.C.M. 1921; re-en. Sec. 5011, R.C.M. 1935; amd. Sec. 1, Ch. 19, L. 1939; amd. Sec. 1, Ch. 86, L. 1941; amd. Sec. 1, Ch. 124, L. 1947; amd. Sec. 1, Ch. 14, L. 1955; R.C.M. 1947, 11-717(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 44. Municipal Elections › 7-5-4405. Repealed

7-5-4405. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 1, Ch. 187, L. 1907; Sec. 3232, Rev. C. 1907; amd. Sec. 1, Ch. 59, L. 1909; re-en. Sec. 5011, R.C.M. 1921; re-en. Sec. 5011, R.C.M. 1935; amd. Sec. 1, Ch. 19, L. 1939; amd. Sec. 1, Ch. 86, L. 1941; amd. Sec. 1, Ch. 124, L. 1947; amd. Sec. 1, Ch. 14, L. 1955; R.C.M. 1947, 11-717(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 44. Municipal Elections › 7-5-4406. Repealed

7-5-4406. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 1, Ch. 187, L. 1907; Sec. 3232, Rev. C. 1907; amd. Sec. 1, Ch. 59, L. 1909; re-en. Sec. 5011, R.C.M. 1921; re-en. Sec. 5011, R.C.M. 1935; amd. Sec. 1, Ch. 19, L. 1939; amd. Sec. 1, Ch. 86, L. 1941; amd. Sec. 1, Ch. 124, L. 1947; amd. Sec. 1, Ch. 14, L. 1955; R.C.M. 1947, 11-717(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 44. Municipal Elections › 7-5-4407. Repealed

7-5-4407. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 4757, Pol. C. 1895; re-en. Sec. 3233, Rev. C. 1907; re-en. Sec. 5012, R.C.M. 1921; re-en. Sec. 5012, R.C.M. 1935; R.C.M. 1947, 11-718.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 44. Municipal Elections › 7-5-4408. Repealed

7-5-4408. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 57, Ch. 368, L. 1969; amd. Sec. 2, Ch. 343, L. 1971; R.C.M. 1947, 23-3302.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 44. Municipal Elections › 7-5-4409. Repealed

7-5-4409. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 4784, Pol. C. 1895; re-en. Sec. 3253, Rev. C. 1907; re-en. Sec. 5033, R.C.M. 1921; Cal. Pol. C. Sec. 4393; re-en. Sec. 5033, R.C.M. 1935; R.C.M. 1947, 11-805(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 44. Municipal Elections › 7-5-4410. Cancellation of general election

7-5-4410. Cancellation of general election.
(1) The governing body of a municipality may cancel a general election for the election of a municipal officer by resolution after notification by the election administrator pursuant to the provisions of 13-1-403 if the number of candidates filing for election is equal to or less than the number of positions to be filled.
(2) For the purposes of this section, "municipal officer" means a person holding a position with a municipality that is ordinarily filled by election.
History: En. Sec. 1, Ch. 174, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 6. Financial Administration and Taxation › Part 1. In-Lieu Payments for Taxes › 7-6-101. Definitions

7-6-101. Definitions.
The following definitions shall be applied to the terms used in this part:
(1) "Agreement" shall mean contract and shall include renewals and alterations of a contract.
(2) "Board" shall mean the board of county commissioners of any county in this state.
(3) "Fund" shall mean, unless otherwise expressed, the government project fund to be established pursuant to 7-6-105.
(4) "Governing body" shall mean the commission, board, body, or persons in which the powers of a subdivision as a body corporate or otherwise are vested.
(5) "Political subdivision" shall mean any agency or unit of this state which now is or hereafter shall be authorized to levy taxes or empowered to cause taxes to be levied.
(6) "Project" shall mean any resettlement project or rural rehabilitation project for resettlement purposes of the United States or any other lands formerly upon the tax rolls and purchased by the United States and used for resettlement, rehabilitation, or grazing purposes, located within this state or any political subdivision thereof, and shall include the persons inhabiting, occupying, or using any lands so owned or acquired by the United States.
(7) "Services" shall mean such public and municipal functions as are performed for property in and persons residing within a political subdivision.
(8) "United States" shall mean the United States of America.
History: En. Sec. 1, Ch. 59, L. 1939; amd. Sec. 1, Ch. 139, L. 1941; R.C.M. 1947, 84-5506.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 6. Financial Administration and Taxation › Part 1. In-Lieu Payments for Taxes › 7-6-102. Authorization to request in-lieu payments for taxes from United States

7-6-102. Authorization to request in-lieu payments for taxes from United States.
(1) The board of county commissioners of any county in this state is hereby authorized and empowered:
(a) to make requests of the United States, for and on behalf of the county and the political subdivisions whose jurisdictional limits are within or coextensive with the limits of the county, for payment of such sums in lieu of taxes as the United States may agree to pay; and
(b) to enter into agreements with the United States, in the name of the county, for the performance of services by the county and such political subdivisions for the benefit of the project and for the payment by the United States to the county, in one or more installments, of such sums in lieu of taxes.
(2) Each agreement entered into pursuant to subsection (1) shall contain the names of the political subdivisions with respect to which it is consummated and a statement of the proportionate share of the payment by the United States to which each such subdivision shall be entitled.
History: (1)En. Sec. 2, Ch. 59, L. 1939; Sec. 84-5507, R.C.M. 1947 (2)En. Sec. 4, Ch. 59, L. 1939; Sec. 84-5509, R.C.M. 1947; R.C.M. 1947, 84-5507, 84-5509.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 6. Financial Administration and Taxation › Part 1. In-Lieu Payments for Taxes › 7-6-103. Computation of payment in lieu of taxes

7-6-103. Computation of payment in lieu of taxes.
The amount of any payment of sums in lieu of taxes may be based on the estimated cost to each political subdivision, for and on whose behalf the agreement is entered into, of performing services for the benefit of a project during the period of the agreement, after taking into consideration the benefits to be derived by the subdivision from such project, but shall not be in excess of the taxes which would result to the subdivision for the said period if the real property of the project within the subdivision were taxable.
History: En. Sec. 3, Ch. 59, L. 1939; R.C.M. 1947, 84-5508.