Title 7, Title 7

(1) If a majority of the votes cast within the proposed boundaries of the regional resource authority or expansion are in favor of creating or expanding the authority, the board of county commissioners in the county that administered the election shall, by resolution, declare the…

Within 10 days of receiving a copy of the resolution described in 7-10-105, the secretary of state shall issue a certificate stating that the regional resource authority has been established or expanded under the laws of the state of Montana. The secretary of state shall file a c…

(1) The initial members of the local governing body must be appointed by the county commissioners in the county pursuant to 7-10-104, based on the recommendations of the petitioners. (2) The commissioners shall appoint members of the governing body to staggered 2-year and 4-year …

(1) A regional resource authority has power to: (a) sue and be sued; (b) purchase and hold lands within its limits; (c) make contracts and purchase and hold personal property that may be necessary to the exercise of its powers; (d) make orders for the disposition or use of its pr…

(1) A regional resource authority may: (a) construct, reconstruct, improve, or extend any project within the boundaries of the regional resource authority or partially within or partially outside of the boundaries, and acquire by gift, purchase, or the exercise of the right of em…

A regional resource authority acting pursuant to this part is not required to obtain any certificate of convenience or necessity, franchise, license, permit, or other authorization from any bureau, board, commission, or other instrumentality of the state in order to acquire, cons…

A regional resource authority may: (1) issue its bonds to finance in whole or in part the cost of the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of any project; (2) pledge to the punctual payment of the bonds issued under this part …

The governing body of a regional resource authority, in determining the cost for purposes of 7-10-205, may include: (1) all costs and estimated costs of the issuance of revenue bonds, including a permissible underwriter's discount, if any; (2) all engineering, inspection, fiscal,…

(1) The holder or holders of any bonds issued under this part does not have the right to compel any exercise of taxing power of the regional resource authority to pay the revenue bonds or the interest on the bonds. (2) Each bond issued under this part must recite in substance tha…

(1) A regional resource authority issuing bonds pursuant to this part shall prescribe and collect reasonable rates, fees, or charges for the services, facilities, and commodities of the project and shall revise the rates, fees, or charges from time to time whenever necessary so t…

(1) A regional resource authority issuing bonds pursuant to this part for the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of any project has the right to appropriate, apply, or expend the revenue of the project for the following purp…

Any resolution or resolutions authorizing the issuance of bonds under this part may contain covenants as to: (1) the purpose or purposes to which the proceeds of sale of the bonds may be applied and the disposition of the proceeds; (2) the use and disposition of the revenue of th…

The provisions of this part and any resolution or resolutions are enforceable by any bondholder in any court of competent jurisdiction by mandamus or other appropriate suit, action, or proceeding.

(1) Bonds bearing the signatures of the officers of the regional resource authority in office on the date of the signing of the bonds are valid and binding obligations, notwithstanding that before the delivery of the bonds and payment for the bonds, any or all the persons whose s…

The resolution or resolutions authorizing the bonds must specify and define the revenue or portion of the revenue that is appropriated and pledged for the security and payment of the bond principal and interest and the relative security of liens on the revenue in favor of bonds o…

(1) Bonds authorized to be issued under this part: (a) must bear interest at a rate or rates not exceeding the limitation of 17-5-102; (b) may be issued in one or more series; (c) may bear a date or dates; (d) may mature at a time or times not exceeding 40 years from their respec…

(1) Bonds authorized to be issued under this part may be sold at a public or private sale as determined by the governing body of the regional resource authority pursuant to 17-5-107 at a price not less than that prescribed by the governing body of the regional resource authority,…

The notice of sale of bonds required by 7-10-220(2) for bonds sold publicly must be published once at least 5 days prior to the sale in a newspaper of general circulation in the state, and the regional resource authority may publish the notice or summary of the notice in a financ…

Pending the preparation of the definitive bonds, interim receipts or certificates, in a form and with provisions that the governing body of the regional resource authority may determine, may be issued to the purchaser or purchasers of bonds sold pursuant to this part. The bonds a…

The purpose of this part is to allow for the creation and governance of special districts.

As used in this part, the following definitions apply: (1) "Governing body" means the legislative authority of a local government. (2) "Local government" means a city, town, county, or consolidated city-county government or any combination of these acting jointly. (3) (a) "Specia…

(1) Whenever the public convenience and necessity may require: (a) the governing body may: (i) create a special district by resolution pursuant to 7-11-1007, 7-11-1008, and the provisions of 7-11-1009, if applicable; or (ii) order a referendum on the creation of a special distric…

A special district in existence on July 1, 2009, continues in existence and remains subject to the provisions of the statutes under which it was created or established, as those statutes existed on June 30, 2009.

(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…