Title 7, Title 7

(1) The boundaries of the proposed special district must be mapped, clearly described, and made available to the public at the time of the publication of the notice of public hearing pursuant to 7-11-1007 before the district may be approved. (2) The governing body or petitioners …

(1) The governing body shall hold at least one public hearing concerning the creation of a proposed special district prior to the passage of a resolution of intention to create the special district. A resolution of intention to create a special district may be based upon a decisi…

(1) An owner of property that is liable to be assessed for the program or improvements in the proposed special district has 60 days from either the date of the first publication of the notice of passage of the resolution of intention or the date the protest form provided for in s…

(1) This section applies to a special district created under this part by resolution as allowed in 7-11-1007 and 7-11-1008 or by referendum as allowed in 7-11-1011 that encompasses the entire jurisdictional area of a local government as defined in 7-11-1002(2). (2) (a) If the gov…

This part shall be known and cited as the "Interlocal Cooperation Act".

(1) (a) If the governing body orders a referendum on the creation of a proposed special district and the special district would be administered by an elected board, the governing body may combine the referendum on the formation of the district with the election of the members of …

(1) The governing body may order a referendum on the creation of the proposed special district. (2) The resolution ordering the referendum must state, consistent with the requirements of 7-11-1007, 7-11-1009, and 7-11-1024: (a) the maximum rate or amount of the initial proposed a…

(1) On receipt of the certificate referred to in 7-11-1011(6), the secretary of state shall, within 10 days, issue a certificate reciting that the specified district has been established according to the laws of the state of Montana. A copy of the certificate must be transmitted …

(1) The governing body shall create a special district and establish assessments or fees if the governing body finds that insufficient protests have been made in accordance with 7-11-1008 or if the eligible registered voters have approved a referendum as provided in 7-11-1011. (2…

(1) Within 60 days after the creation of a special district or by January 1 of the effective tax year, whichever occurs first, the governing body shall provide to the department of revenue a: (a) legal description of the special district; (b) map of its boundaries; (c) list of th…

(1) A finding of the governing body in favor of the genuineness and sufficiency of the petition or election is final and conclusive against all persons except the state of Montana upon suit brought by the attorney general. (2) A lawsuit filed by the attorney general must be filed…

It is the purpose of this part to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other local governmental units on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuan…

(1) A special district must be administered and operated either by the governing body or by a separate elected or appointed board as determined by the governing body. (2) (a) If the special district is governed by a separate board, the board must be established in accordance with…

(1) A special district created by a combination of local governments acting together must be administered according to an interlocal agreement. The interlocal agreement may determine whether the administrative body of the special district consists of the entire membership of all …

(1) Subject to subsections (2) and (3), the governing body may change the boundaries of any special district by resolution. (2) The boundaries may be altered by petition after complying with the requirements for petitions as provided in 7-11-1003. (3) Alteration of special distri…

(1) The governing body shall make assessments or impose fees for the costs and expenses of the special district based upon a budget proposed by the governing body or separate board administering the district pursuant to 7-11-1021. (2) For the purposes of this section, "assessable…

(1) The governing body shall estimate, as near as practicable, the cost of each established special district annually by the later of the first Thursday after the first Tuesday in September or within 30 calendar days after receiving certified taxable values from the department of…

(1) When a resolution of assessment has been certified by the clerk of the local government, the county treasurer, the city treasurer, or the town clerk, as provided in 7-12-4182, shall collect the assessment in the same manner and at the same time as property taxes for general p…

(1) (a) When an assessment made under this part is considered erroneous by the party whose property is charged or from whom the payment is demanded, the person may: (i) prior to the assessment becoming delinquent, file an appeal to the administrative board of the district; or (ii…

(1) An assessment made and levied to defray the cost and expenses of the program or improvements, together with any percentages imposed for delinquency and for cost of collection, constitutes a lien upon the property on which the assessment is made and levied from the date of the…

(1) A special district may be dissolved if it is considered to be in the best interest of a local government or the inhabitants of the local government or if the purpose for creating the special district has been fulfilled and the special district is not needed in perpetuity. (2)…

For the purposes of this part, the term "public agency" shall mean any political subdivision, including municipalities, counties, school districts, and any agency or department of the state of Montana.

The board or governing body administering and operating the special district as provided by 7-11-1021 shall submit the minutes of its proceedings for electronic storage as provided in 7-1-204 unless: (1) the special district is operated by the governing body of a municipality; an…

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.

One or more public agencies may contract with any one or more other public agencies to perform any administrative service, activity, or undertaking or to participate in the provision or maintenance of any public infrastructure facility, project, or service, including the issuance…

(1) The contract authorized by 7-11-104 must specify the following: (a) its duration; (b) the precise organization, composition, and nature of any separate legal entity created by the contract; (c) the purpose or purposes of the interlocal contract; (d) the manner of financing th…

The interlocal contract made pursuant to this part must be filed with: (1) the county clerk and recorder of the county or counties where the political agencies are situated; and (2) the secretary of state.

Any public agency entering into an interlocal contract pursuant to this part may appropriate funds for and may sell, lease, or otherwise give or supply to the administrative board created for the purpose of performance of said contract and may provide such personnel or services t…

(1) A multijurisdictional service district may provide only those services that are authorized to be provided by local governments. (2) The services that a multijurisdictional service district may provide are: (a) recreation programs other than park and recreation programs in a c…

(1) Subject to 15-10-420, local governments organizing a multijurisdictional service district are authorized to levy property taxes in an amount not to exceed that authorized for the district in accordance with 7-11-1007 and to appropriate funds derived from other than general ta…

It is hereby declared to be the public policy of Montana to provide for the residents of the state the means of improving their local governments so that essential services can be provided more effectively and economically. The growth of urban population, the necessity to maintai…

It is the purpose of this part to provide a method whereby the residents of local areas in Montana may propose local solutions to the common problems referred to in 7-11-201 in order that proper growth and development of the state may be assured and the health and welfare of the …

As used in this part, the following definitions apply: (1) "Commission" means an interlocal cooperation commission established pursuant to 7-11-204. (2) "Principal city" means the city having the largest population in the county under consideration according to the latest federal…

An interlocal cooperation commission may be established in either of two ways: (1) A joint resolution providing for the establishment of an interlocal cooperation commission may be adopted by a separate vote of a majority of the governing bodies of the county, cities, and towns h…

Only one commission may be established in a county at any one time.

All commissions shall terminate 5 years from the date of their establishment. However, a commission, upon completion of its duties, may terminate earlier by a vote (favorable to such earlier termination) of three-fourths of the members.

An interlocal cooperation commission established pursuant to this part consists of members to be selected as follows: (1) four members selected by the county commissioners; (2) four members appointed by the mayor of the principal city and confirmed by the governing body of the ci…

(1) Each member shall reside, at the time of appointment, within the county if selected by the board of county commissioners or within the city or town by which appointed. (2) A member may not be an official or employee of any unit of local government.

The members of the interlocal cooperation commission shall be appointed within 60 days after the commission is authorized.

In case of a vacancy for any cause, a new member must be appointed in the same manner as the member being replaced.

Members of a commission shall receive no compensation but shall receive actual and necessary travel and other expenses incurred in the performance of official duties.

(1) Not later than 80 days after the commission is authorized, the members of the commission shall meet and organize at a time that must be set by the board of county commissioners. (2) At the first meeting of the commission, one of the members appointed by the board of county co…

(1) All meetings of the commission shall be open to the public. (2) A majority of the members of the commission shall constitute a quorum for the transaction of business. (3) Each member shall have one vote. A favorable vote by a majority of the entire commission shall be necessa…

A commission shall have the following powers and duties: (1) to contract and cooperate with other public or private agencies, as it considers necessary for the rendition and affording of such services, facilities, studies, and reports to the commission as will best assist it to c…

All money received by the commission shall be deposited with the county treasurer in the county. The county treasurer is authorized to disburse funds of the commission on its order.

The units of local government within the county under consideration and the county may appropriate funds for the necessary expenses of the commission.