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Montana Statutes, Title 7

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Montana/Statutes

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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

3,005 sections·Filtered byTitle 7✕

Mont. Code Ann. § 7-12-1123 Removal Of Board Member
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A member of a board of trustees may be removed by the appointing authority with the consent of the governing body.
Mont. Code Ann. § 7-12-1131 Powers Of Board In Administering District
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The board in administering a district has all powers necessary to carry out the functions of the district contained in the ordinance creating it, including the power to: (1) sue and be sued, enter into contracts, and hire and terminate personnel needed for its purposes; (2) provi…
Mont. Code Ann. § 7-12-1132 Annual Budget And Work Plan -- Approval -- Procedure -- Tax
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(1) At a time determined by the governing body, the board shall submit to the governing body for approval a work plan and budget for the ensuing fiscal year. (2) A board created for the purpose of 7-12-1102(4) in a municipality or county where a nonprofit convention and visitors …
Mont. Code Ann. § 7-12-1133 Assessment Of Costs -- Area, Lot, Taxable Valuation, Square Footage, And Flat-Fee Options -- Provisions For Property Classifications
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(1) At the same time that the board submits the annual budget and work plan to the governing body as provided in 7-12-1132, the board shall also recommend to the governing body a method of levying an assessment on the property within the district that will best ensure that the as…

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Mont. Code Ann. § 7-12-1141 Duration Of District

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The period of duration of a business improvement district is for the period specified in the resolution of the governing body creating the district but shall not be for a period longer than 10 years unless the duration of the district is extended in compliance with the provisions…

Mont. Code Ann. § 7-12-1142 Governing Body Not To Decrease Public Services

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The governing body may not decrease the level of public services in the district existing prior to the creation of the district unless the services at the same time are decreased throughout the jurisdictional area of the governing body, nor may it transfer the financial burden of…

Mont. Code Ann. § 7-12-1143 Liability Insurance Required

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The governing body may not approve the annual budget or the work plan submitted to it by the board unless the annual budget and the work plan provide for liability insurance coverage insuring the district, the board, and the local government against legal liability for personal i…

Mont. Code Ann. § 7-12-1144 Obligations Of District Not Obligations Of Local Government

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An obligation or debt of any nature of a district is not an obligation or debt of the local government that established the district, and in no event is a debt or obligation of a district payable out of any funds or properties of the local government. The debts and obligations of…

Mont. Code Ann. § 7-12-1151 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. § 7-12-2101 Definitions

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(1) The word "blocks" means blocks, whether regular or irregular, that are bounded by main streets or partially by a boundary line of the city. (2) The term "board of county commissioners" includes any body or board that under the law is the legislative department of the governme…

Mont. Code Ann. § 7-12-2102 Authorization To Create Rural Improvement Districts -- Property Owners May Petition For Creation

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(1) Whenever the public interest or convenience may require, the board of county commissioners may order and create special improvement districts outside of the limits of incorporated towns and cities for the purpose of maintaining existing public improvements or building, constr…

Mont. Code Ann. § 7-12-2103 Resolution Of Intention To Create Rural Improvement District

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(1) Before creating a special improvement district for the purpose of making any of the improvements, maintaining existing public improvements, or acquiring any private property for any purpose authorized by this part, the board of county commissioners shall pass a resolution of …

Mont. Code Ann. § 7-12-2104 Sufficiency Of Description In Resolution Of Intention

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In all resolutions, notices, orders, and determinations subsequent to the resolution of intention and notice of improvements, it shall be sufficient to briefly describe the work or the assessment district or both and to refer to the resolution of intention for further particulars…

Mont. Code Ann. § 7-12-2105 Notice Of Resolution Of Intention To Create District -- Hearing -- Exception

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(1) On passage of a resolution of intention pursuant to 7-12-2103, the board of county commissioners shall publish notice of the passage as provided in 7-1-2121. (2) A copy of the notice must be mailed, as provided in 7-1-2122, to each person, firm, or corporation or the agent of…

Mont. Code Ann. § 7-12-2107 Responsibility For Posting And Publication Of Notice

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(1) Whenever any resolution, order, notice, or determination is required to be published or posted and the duty of posting or procuring the publication or posting of the same is not specifically enjoined upon any officer in the county, it shall be the duty of the county clerk to …

Mont. Code Ann. § 7-12-2108 Extension Of Proposed District

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Whenever a contemplated work or improvement, in the opinion of the board of county commissioners, is of more than local or ordinary public benefit or whenever, according to the estimates furnished by the county surveyor or the engineer, the total estimated cost and expenses there…

Mont. Code Ann. § 7-12-2109 Right To Protest Creation Or Extension Of District -- Exception

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(1) (a) Except as provided in subsections (1)(b) and (2), at any time within 30 days after the date of the first publication of the notice of the passage of the resolution of intention, any owner of property liable to be assessed for the work proposed in the resolution may make w…

Mont. Code Ann. § 7-12-2111 Hearing On Protest

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(1) At the next regular meeting of the board of county commissioners after the expiration of the time within which protest may be made, the board shall proceed to hear and pass upon all protests so made, and its decision shall be final and conclusive. The board may adjourn said h…

Mont. Code Ann. § 7-12-2112 Sufficient Protest To Bar Proceedings -- Exception

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(1) Except as provided in subsection (2), further proceedings may not be taken for a period of 6 months from the date when a protest was received by the county clerk if the board of county commissioners finds that the protest is made by the owners of property in the proposed dist…

Mont. Code Ann. § 7-12-2113 Resolution Creating District -- Power To Order Improvements Or Maintenance

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(1) Before ordering any of the proposed improvements or maintenance, the board of county commissioners shall pass a resolution creating the special improvement district in accordance with the resolution of intention that is introduced and passed by the board. (2) The board has ju…

Mont. Code Ann. § 7-12-2114 Area Includable Within District

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A rural improvement district, as authorized by 7-12-2102, may include a part or all of any county or may include areas in more than one county.

Mont. Code Ann. § 7-12-2115 Adjournment Of Hearing

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Whenever in proceedings hereunder a time and place for hearing by the board of county commissioners is fixed and from any cause, the hearing is not then and there held or regularly adjourned to a fixed time and place, the power and jurisdiction of the board in the premises shall …

Mont. Code Ann. § 7-12-2116 County Surveyor As Improvement District Engineer

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The county surveyor may be the engineer, as defined in 7-12-2101(6), for a rural improvement district.

Mont. Code Ann. § 7-12-2117 Record Of Expenses To Be Kept By Engineer

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The engineer selected as provided in this part shall keep an account in the engineer's office of all costs and expenses incurred in connection with each special improvement district and shall certify the costs and expenses to the county clerk.

Mont. Code Ann. § 7-12-2118 Role Of County Clerk

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It shall be the duty of the county clerk to prepare all necessary schedules and resolutions levying the taxes and assessments in such special improvement district.

Mont. Code Ann. § 7-12-2119 Manner Of Making Demands For Incidental Expenses

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All demands for incidental expenses in 7-12-2101(7), except for the administrative fee of the county and interest payable on warrants or bonds of the district, shall be presented to the county clerk by itemized bill, duly verified by oath of the demandant.

Mont. Code Ann. § 7-12-2120 Maintenance Of Improvements

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(1) Whenever sanitary or storm sewers, lights or light systems, waterworks plants, water systems, sidewalks, or any other special improvements petitioned for or created by the state or federal government have been made, built, constructed, erected, or accomplished as provided in …

Mont. Code Ann. § 7-12-2121 Administration Of Multicounty District

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(1) If a rural improvement district includes areas in more than one county, the board of county commissioners of each county in which any portion of the district is situated shall, upon creation of the district and at a joint session, appoint an initial board of three trustees to…

Mont. Code Ann. § 7-12-2122 Term Of Office Of Multicounty District Trustee

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(1) The trustees appointed upon the creation of a district shall serve staggered terms of 1, 2, and 3 years. After the initial appointments, each trustee serves a term of 3 years. (2) A trustee holds office for the term of appointment or until a successor is appointed and qualifi…

Mont. Code Ann. § 7-12-2123 Powers Of Multicounty District Board Of Trustees

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The board of trustees of a rural improvement district shall have all the powers and duties with respect to such district as the board of county commissioners has with respect to a district including the area of only one county.

Mont. Code Ann. § 7-12-2124 Dissolution Of District

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(1) A district created under this part may be dissolved if: (a) the dissolution of the district is considered to be in the best interest of the county and the inhabitants of the district; (b) the purpose for creating the district has been fulfilled; or (c) the work and improvemen…

Mont. Code Ann. § 7-12-2125 Right To Protest Dissolution Of District

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(1) (a) Except as provided in subsection (1)(b), any owner of property liable for the assessments within the district may make written protest against the dissolution of the district at any time within 30 days of the date of first publication of the notice of passage of a resolut…

Mont. Code Ann. § 7-12-2126 Transfer Of Management And Control Of District To City Or Town

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(1) When a special improvement district has been created in accordance with the provisions of this part in any county of the state and the property contained therein subsequently becomes a part of the boundaries of an incorporated city or town, the board of county commissioners o…

Mont. Code Ann. § 7-12-2127 Transfer Of Operation, Control, And Ownership Of Improvement District Facilities To A Utility

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Whenever a special improvement district has been created in accordance with the provisions of this part for the purpose of providing the facilities through which a regulated utility is to provide utility services to the district, the commissioners may, upon such terms and conditi…

Mont. Code Ann. § 7-12-2128 Transfer Of Ownership Of Improvements -- Petition -- Hearing -- Effect Of Transfer

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(1) Subject to the provisions of this section, a board of county commissioners may transfer the ownership of the improvements in a district to the owners of property in a district. (2) (a) Upon receipt of a petition signed by at least 66% of the owners of real property in a distr…

Mont. Code Ann. § 7-12-2131 Bids For District Work -- Exception

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(1) Except as provided in subsection (3), the board of county commissioners may call for bids for proposals for several kinds or types of materials for any of the improvements proposed, reserving the right to select the kind or type of materials to be used in making any of the im…

Mont. Code Ann. § 7-12-2132 Advertising For Bids

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A notice inviting proposals and referring to specifications on file with the engineer selected must be published as provided in 7-1-2121.

Mont. Code Ann. § 7-12-2133 Competitive Bidding Not Required For Purchase Of Existing Improvement

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If the proposed improvement consists of the purchase of an existing improvement, the board of county commissioners may in their discretion, after the creation of the special improvement district and after ordering the proposed improvement, enter into a contract for the purchase o…

Mont. Code Ann. § 7-12-2134 Opening Of Bids

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(1) The board of county commissioners shall, in open session, publicly open and examine and declare the bids. (2) The time fixed for the opening of the bids shall not be less than 15 days from the time of the final publication of the notice required by 7-12-2132.

Mont. Code Ann. § 7-12-2135 Decision On Award Of Contract

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(1) The board of county commissioners may award the contract for the work or improvement to the lowest responsible bidder at the prices named in the bid and shall reject all proposals other than the lowest regular proposal or bid of a responsible bidder. (2) The board: (a) may re…

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…