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Montana Statutes, Title 7

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Montana/Statutes

← All Montana coverage

Title 7, Title 7

23 chapters · 3,005 sections in this title.

All chapters in Title 73,005 Ch 3, ALTERNATIVE FORMS OF LOCAL GOVERNMENT352 Ch 14, TRANSPORTATION311 Ch 12, IMPROVEMENT DISTRICTS277 Ch 2, CREATION, ALTERATION, AND ABANDONMEN…242 Ch 13, UTILITY SERVICES225 Ch 6, FINANCIAL ADMINISTRATION AND TAXATION190 Ch 7, DEBT MANAGEMENT190 Ch 15, HOUSING AND CONSTRUCTION179 Ch 4, OFFICERS AND EMPLOYEES177 Ch 32, LAW ENFORCEMENT163 Ch 5, GENERAL OPERATION AND CONDUCT OF BUS…106 Ch 33, FIRE PROTECTION83 Ch 1, GENERAL PROVISIONS74 Ch 8, ACQUISITION, TRANSFER, AND MANAGEMEN…69

277 sections·Filtered byTitle 7✕Ch 12✕

Mont. Code Ann. § 7-12-2136 Procedure If All Bids Rejected Or No Bids Received
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If the bids are rejected or no bids are received, the board of county commissioners may within 6 months thereafter readvertise for proposals or bids for the performance of the work as in the first instance, without further proceedings, and thereafter proceed in the manner provide…
Mont. Code Ann. § 7-12-2137 Procedure For Dealing With Bid Securities
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(1) If bids are rejected, the board of county commissioners shall return to the proper parties the bid securities accompanying the rejected bids. (2) The bid security accompanying the accepted proposal or bid must be held by the county clerk until the contract for doing the work …
Mont. Code Ann. § 7-12-2138 Contractor's Bond For Successful Completion Of Work
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All contractors and contracting owners included shall, at the time of executing any contract for any work, execute a bond to the satisfaction and approval of the board of county commissioners, in the form and manner provided for in Title 18, chapter 2, part 2.
Mont. Code Ann. § 7-12-2139 Procedure If Person Entering Contract Defaults On Work
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(1) If the contractor who may have taken a contract does not complete the contract within the time limited in the contract or within a further time that may be given, the engineer selected as provided in this part shall report the delinquency to the board of county commissioners.…

Mont. Code Ann. § 7-12-2140 Procedure For Objection To Proceedings

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(1) At any time within 60 days from the date of the awarding of a contract, any owner or other person having a interest in any lot, tract, or plot of land liable to assessment who claims that any of the previous acts or proceedings relating to the improvements are irregular, defe…

Mont. Code Ann. § 7-12-2141 Protest Procedures For Property Created As Condominium

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(1) Whenever property created as a condominium is included within the boundaries of a proposed district and the proposed work or the creation of the district relates to or affects property created as a condominium, and not solely a certain unit in the condominium, the owner of th…

Mont. Code Ann. § 7-12-2151 Assessment Of Costs

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(1) To defray the cost of making or acquiring any of the improvements provided for in this part, including incidental expenses, the board of county commissioners shall assess the entire cost of the improvements against benefited lots, tracts, or parcels of land in the district, b…

Mont. Code Ann. § 7-12-2152 Exception For Owners Of Water Ditches Under Certain Circumstances

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The owner or owners of open ditches carrying irrigation or other water shall not be included in any rural improvement district under this part for the purpose of assessment to support the rural improvement district for the installation, repair, or maintenance of any protective de…

Mont. Code Ann. § 7-12-2153 Incidental Expenses Considered As Cost Of Improvements -- Costs For Bonds Or Warrants Secured By Revolving Fund -- District Reserve Account

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(1) Incidental expenses connected with the formation of a rural improvement district, including the cost of preparation of plans, specifications, maps, or plats; engineering, superintendence, and inspection; preparation of assessment rolls; and the other incidental expenses descr…

Mont. Code Ann. § 7-12-2154 Payment Of Damages Incurred As Result Of Improvements

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Whenever the owner or anyone interested in property situated in the special improvement district, after filing with the county clerk a written notice claiming that the person's property has been damaged, is awarded or recovers any amount because of damages sustained by the proper…

Mont. Code Ann. § 7-12-2155 Apportionment Of Costs Between Corner Lots And Inside Lots

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In order to apportion the cost of any of the improvements provided for in this part between the corner lots and inside lots of any block, the board of county commissioners may, in the resolution creating any improvement district, provide that whenever any of the improvements prov…

Mont. Code Ann. § 7-12-2156 Responsibility For Costs For Improvements Close To Street Railway

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Whenever any portion of the surface of a street is kept or used by any person, firm, or corporation for railroad or for street railway purposes, the cost and expense of making such improvements between the rails and for 1 foot on each side thereof shall be paid by the person, fir…

Mont. Code Ann. § 7-12-2157 Status Of Federal Property Within Improvement District

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Whenever any lot, piece, or parcel of land belonging to the United States or mandatory of the government shall front upon the proposed work or improvement or is to be included within the district declared by the board of county commissioners in its resolution of intention to be a…

Mont. Code Ann. § 7-12-2158 Resolution For Levy And Assessment Of Tax

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(1) To defray the cost of making or acquiring improvements in a special improvement district, the board of county commissioners shall by resolution levy and assess a tax upon all benefited property in the district created for that purpose by using for a basis for assessment the m…

Mont. Code Ann. § 7-12-2159 Notice Of Resolution For Levy And Assessment Of Tax -- Protest And Hearing

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(1) A notice, signed by the county clerk and stating that the resolution levying a special assessment to defray the cost of making the improvements is on file in the office of the county clerk and is subject to inspection, shall be: (a) published as provided in 7-1-2121; (b) mail…

Mont. Code Ann. § 7-12-2160 Hearing On Protest

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(1) At the time so fixed, the board of county commissioners shall meet and hear all such objections and for that purpose may adjourn from day to day. (2) The board may by resolution modify such assessment in whole or in part. A copy of such resolution, certified by the county cle…

Mont. Code Ann. § 7-12-2161 Payment Of Maintenance Costs -- Resolution For Assessment And For Change Of Boundaries -- Assessment For Administrative Costs

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(1) The board of county commissioners shall estimate, as near as practicable, the cost of maintaining, preserving, or repairing the improvements in each district for each year beginning January 1 or another time as may appear necessary. (2) The board may, before the first Monday …

Mont. Code Ann. § 7-12-2162 Improvement District Maintenance Fund

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The money collected from the assessment provided for in 7-12-2161 shall be paid into a fund known as the special improvement district No. .... maintenance fund, the number of which shall correspond with the number of the special improvement district in which the improvements so m…

Mont. Code Ann. § 7-12-2163 Collection Of District Assessments By County Treasurer -- Delinquencies

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(1) When a resolution of assessment, either for construction or maintenance, has been certified by the county clerk, the county treasurer shall, in accordance with the provisions of this title, collect the assessment in the same manner and at the same time as taxes for general an…

Mont. Code Ann. § 7-12-2164 Payment Of Tax Under Protest -- Action To Recover

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(1) When a tax levied and assessed under any of the provisions of this part is considered unlawful by the party whose property is taxed or from whom the tax is demanded, the person may pay the tax or any part of the tax considered unlawful under protest to the county treasurer. (…

Mont. Code Ann. § 7-12-2165 Procedure To Correct Assessment And Relevy And Collect Tax

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(1) Whenever, by reason of any alleged nonconformity to law or by reason of any omission or irregularity, any special tax or assessment is either invalid or its validity is questioned, the board of county commissioners may make all necessary orders and may take all necessary step…

Mont. Code Ann. § 7-12-2166 Certain Errors Not To Invalidate Assessments Or Liens

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(1) When, under any of the provisions of this part, special taxes and assessments are assessed against any lot or parcel of land as the property of a particular person, no misnomer of the owner or supposed owner or other mistake relating to the ownership thereof shall affect such…

Mont. Code Ann. § 7-12-2167 Term Of Payment Of Assessments

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(1) Except as provided in subsection (2), the payment of the assessment to defray the cost of constructing any improvements in special improvement districts may be spread over a term of not to exceed 30 years. (2) If federal loans are available, payments may be spread over a term…

Mont. Code Ann. § 7-12-2168 Assessments And Certain Other Charges As Liens

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(1) A special assessment made and levied to defray the cost and expenses of the work enumerated in this part, together with any percentages imposed for delinquency and for cost of collection, constitutes a lien upon and against the property upon which the assessment is made and l…

Mont. Code Ann. § 7-12-2169 Use Of Bonds And Warrants

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All costs and expenses incurred in any improvement district in the acquisition, construction, or maintenance of any improvement specified in this part or incurred in the issuance of bonds or warrants of the district, including incidental expenses, shall be paid for by special imp…

Mont. Code Ann. § 7-12-2171 Details Relating To Rural Improvement District Bonds And Warrants

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(1) (a) The bonds and warrants must be drawn against either the construction or maintenance fund created for the special improvement district and must bear interest from the date of registration until called for redemption or paid in full. Bonds or warrants sold at a private, neg…

Mont. Code Ann. § 7-12-2172 Procedure To Issue Bonds And Warrants

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(1) Subject to subsection (2), the board of county commissioners shall sell bonds or warrants issued under the provisions of 7-12-2169 and 7-12-2171 through 7-12-2174, in an amount sufficient to pay that part of the total cost and expense of the improvements that is to be assesse…

Mont. Code Ann. § 7-12-2173 Disposition Of Bond Or Warrant Proceeds

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(1) The board of county commissioners shall use the proceeds of such sale in making payment for the cost of the improvements. Payments to contractors may be made either from time to time, on estimates made by the engineer in charge of such improvements for the county, or upon the…

Mont. Code Ann. § 7-12-2174 Redemption Of Bonds And Warrants

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(1) The county treasurer shall first pay out of the proper special improvement district fund, on each interest payment date, the interest on all outstanding warrants or bonds on presentation of the coupons belonging to the warrants or bonds or otherwise then payable and the princ…

Mont. Code Ann. § 7-12-2175 Investment Of Maintenance, Interest, And Sinking Fund Money

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(1) The governing body of a county in which a special improvement district or maintenance district is located may invest maintenance, interest, and sinking fund money of the district in time deposits of a bank, savings and loan association, or credit union insured by the federal …

Mont. Code Ann. § 7-12-2176 Interest Rate On Unpaid Assessments

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(1) Except as provided in subsection (3), the installments of assessments remaining unpaid bear simple interest at an annual rate equal to the sum of: (a) 1/2 of 1% a year; plus (b) the average interest rate payable on the outstanding bonds or warrants of the rural special improv…

Mont. Code Ann. § 7-12-2181 Creation Of Rural Improvement District Revolving Fund

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The board of county commissioners of any county in the state which may create any rural special improvement district or districts for any purpose may (in order to secure prompt payment of any special improvement district bonds or warrants issued in payment of improvements made th…

Mont. Code Ann. § 7-12-2182 Sources Of Money For Revolving Fund

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(1) For the purpose of providing funds for the revolving fund, the board of county commissioners: (a) shall, if the bonds or warrants are secured by the revolving fund pursuant to 7-12-2185, include in the cost of the improvements to be paid from the proceeds of the bonds or warr…

Mont. Code Ann. § 7-12-2183 Loan From Revolving Fund To Meet Payments On Bonds And Warrants Or To Make Emergency Repairs

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(1) During the period described in 7-12-2185(2), when any rural special improvement district bond or warrant secured by the revolving fund or any interest on the bond or warrant becomes due and payable and there is either no money or insufficient money in the appropriate district…

Mont. Code Ann. § 7-12-2184 Lien Arising Due To Loan From Revolving Fund

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(1) Whenever a loan is made to any rural special improvement district fund from the revolving fund, the revolving fund has a lien for the amount of the loan on the land within the district for which payments of assessments are delinquent and on all unpaid assessments and installm…

Mont. Code Ann. § 7-12-2185 Covenants To Use Revolving Fund -- Duration Of Revolving Fund Obligation -- Factors To Be Considered

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(1) In connection with the issuance of rural improvement district bonds or warrants, the board of county commissioners may undertake and agree: (a) to make loans or advances from the revolving fund to the district fund involved in amounts sufficient to make good any deficiency in…

Mont. Code Ann. § 7-12-2186 Utilization Of Excess Money In Revolving Fund

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Whenever there is in the revolving fund an amount in excess of the amount deposited pursuant to 7-12-2153(2) and in excess of 10% of the then-outstanding rural improvement district bonds and warrants secured by the revolving fund and the board considers any part of the excess to …

Mont. Code Ann. § 7-12-2191 Change In Outstanding Principal Of District -- Relevy Of Assessments

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If proceeds of the bonds or warrants of the special improvement district, including investment income, are applied to the redemption and prepayment of the bonds or warrants, as provided in 7-12-2173 and 7-12-2174, or if refunding bonds are issued pursuant to 7-12-2193 and the pri…

Mont. Code Ann. § 7-12-2192 Pooling Of Bonds Of Districts In County

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(1) If the board of county commissioners determines by resolution that the pooling of bonds of more than one special improvement district of the county is in the best interest of the county and the respective districts and will facilitate the sale of the bonds under more advantag…

Mont. Code Ann. § 7-12-2193 Refunding Bonds

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(1) A county may issue special improvement district bonds for the purpose of providing the money needed to pay principal of and interest on outstanding special improvement district bonds. To issue bonds for that purpose, the board of county commissioners, at a regular meeting or …

Mont. Code Ann. § 7-12-2196 Water User Entities Exempt From Special Assessments

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Rights-of-way, ditches, flumes, pipelines, dams, water rights, reservoirs, equipment, machinery, motor vehicles, and other personal property owned by a nonprofit water company, water users' association, irrigation company, canal company, ditch company, reservoir company, or simil…

Mont. Code Ann. § 7-12-2198 Energy Performance Contracts Exempt

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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.

Mont. Code Ann. § 7-12-2201 Maintenance Of Lighting System

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When there has been or shall be created a rural improvement district, according to the provisions of part 21, for the purpose of securing a lighting system for the territory embraced in such rural improvement district, the board of county commissioners of such county may enter in…

Mont. Code Ann. § 7-12-2202 Apportionment Of Costs Of Maintaining Lighting System

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(1) The cost of the maintenance and operating service to a lighting rural improvement district may be apportioned among the various tracts of land within the district: (a) in proportion to the assessed value of the lands within the district, as determined by the board of county c…

Mont. Code Ann. § 7-12-2203 Rural Improvement District Maintenance Fund

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(1) The money collected pursuant to 7-12-2202, shall be paid into a fund known as the special improvement district No. .... maintenance fund, the number of which shall correspond with the number of the special improvement district in which the improvements so maintained are situa…

Mont. Code Ann. § 7-12-2204 Alteration Of Maintenance District Boundaries

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The board has the power, by resolution, of changing not more than once a year, the boundaries of any maintenance district.

Mont. Code Ann. § 7-12-2205 Assessment And Certain Other Charges As Lien

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Any assessment levied and made for any purpose mentioned in this part, together with all costs and penalties, shall constitute a lien upon and against the property upon which said assessments are made and levied from and after the date of the final passage and adoption of the res…

Mont. Code Ann. § 7-12-2206 Application Of Part

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Provisions of this part shall only apply to the method of securing funds for the maintenance of rural improvement districts for lighting systems.

Mont. Code Ann. § 7-12-2301 Rental Provisions Of Municipal Public Sewer Law Applicable To Rural Districts

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The provisions of part 42 of chapter 13 referring to sewer rentals apply to special improvement districts for the constructing and maintaining and operating of sanitary sewers and storm sewers, and the powers conferred on councils in part 42 of chapter 13 are conferred on each bo…

Mont. Code Ann. § 7-12-2302 Charges For Services

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(1) The board of county commissioners has authority by ordinance or resolution to fix and establish just and equitable rates, charges, and rentals for the services and benefits directly or indirectly afforded by any sanitary or storm sewer system or billed to a sanitary and/or st…