Title 7, Title 7

Whenever for any cause the commission shall deem the bonds or securities of any bank insufficient security for the municipal funds deposited or likely to be deposited therein, the commission shall require new bonds to be given or new securities to be deposited with the treasurer.…

(1) All funds received by the treasurer must be deposited in the designated banks in the name of the municipality, subject to the order of the treasurer, and must be distributed among the designated banks as nearly as may be in proportion to the maximum amounts that they have bee…

(1) When the funds of the municipality are deposited and kept in designated banks according to the provisions of this part, the treasurer and the sureties on the treasurer's official bond are exempt from all liability for the loss of any funds deposited if the loss is caused by t…

(1) The consolidated municipality may borrow money or issue bonds for any municipal purpose to the extent and in the manner provided by the constitution and laws of Montana for the borrowing of money or issuing of bonds by counties and cities and towns. (2) The municipality may n…

(1) The sinking funds of the municipality must be in charge of a sinking fund board consisting of the president, the director of finance, and the director of law. The president is the presiding officer and the director of finance, the secretary of the board. By and with consent o…

All contracts entered into by the municipality for supplies or materials, for any public work, or for the construction, reconstruction, repair, maintenance, or operation of any public works or improvements, for which must be paid a sum exceeding $2,000, must be awarded to the low…

When it becomes necessary in the opinion of the manager to make alterations or modifications in any contract entered into by the municipality, such alterations shall be made only when authorized by the commission upon the written recommendation of the manager. No such alteration …

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.

(1) The department of public works is in the charge of a director who: (a) shall manage and must have charge of the construction, repair, improvement, and maintenance of all: (i) public buildings; (ii) roads, streets, alleys, sidewalks, bridges, viaducts, and other public ways; (…

(1) Any local public work may be done or any local public works or improvements may be constructed, reconstructed, repaired, maintained, or operated, either by contract or directly by the municipality, as may be determined by the commission. Before authorizing that any local publ…

(1) The department of law is in the charge of a director appointed by the commission without definite term who must be a resident and elector of the municipality and who must possess all of the qualifications required of county attorneys. (2) The director has all the powers and, …

(1) A city court is established in and for each municipality, with the jurisdiction, powers, and duties within the municipality provided by general law for city courts in cities and towns and for justices of the peace. (2) The commission shall by ordinance determine the number of…

(1) The police department is in the charge of a director, who shall be chief of the police force of the municipality. The director shall have the powers and perform the duties conferred on and required of sheriffs. (2) Officers and patrol officers of the police department, subord…

(1) A police officer employed by any police department established as required by law in any city or town of the county or a deputy sheriff employed by the county sheriff's office prior to the election and qualification of a commission under part 12 and this part has the same job…

(1) The fire department of the municipality is in the charge of a director, who shall be chief thereof and who shall manage and control the department in the manner prescribed by the ordinances of the municipality. (2) (a) Notwithstanding any other provision of law, the adoption …

The director of the department of health must be a physician legally authorized to practice medicine and surgery in Montana. Except as otherwise provided in part 12 or this part, the director of the department of health has the powers and shall perform the duties conferred on and…

(1) The commission shall be the county board of health in and for the municipality, but in performing the duties and exercising the powers prescribed by law for such boards, the commission shall act by ordinance, resolution, or vote and according to the procedure prescribed by th…

The commission shall, by majority vote of all its members, appoint a municipal superintendent of schools to serve without definite term but subject to removal at the pleasure of the commission. The superintendent of schools for any district within the municipality may, with the c…

(1) A petition proposing to alter an existing county government may: (a) recommend amendments to the existing plan of government; (b) recommend any form of government authorized by Title 7, chapter 3, parts 1 through 5; (c) draft a charter; (d) recommend municipal-county consolid…

A petition proposing an alteration of a local government must contain: (1) a certificate containing the plan of government of the existing form of local government; (2) a certificate containing the plan of government of the proposed new form of government or amendments to the exi…

(1) Whenever county-municipal consolidation is recommended, a petition, in addition to the material required in 7-3-142, must contain a consolidation plan which: (a) provides for adjustment of existing bonded indebtedness and other obligations in a manner which assures a fair and…

(1) Whenever county merger is recommended, a petition, in addition to the material required by 7-3-142, must contain a consolidation plan which: (a) provides for adjustment of existing bonded indebtedness and other obligations in a manner which assures a fair and equitable burden…

Whenever municipal disincorporation is recommended, a petition, in addition to the material required by 7-3-142, must contain: (1) a certificate of disincorporation instead of a plan of government; and (2) a recommended plan of disincorporation.

(1) Two copies of a petition must be filed with the department of administration. (2) One copy of a petition must be filed with the local government records administrator. (3) The filings required by this section must be done within 45 days of submission of the petition.

(1) Sufficient copies of a petition proposing alterations to an existing form of local government must be made available to the public for inspection at convenient locations and at reasonable hours to provide all interested persons an opportunity to review the recommendations and…

(1) A summary of the recommendations contained in a petition proposing alteration of an existing form of local government must be published at least twice in a newspaper of general circulation in the local government. Whenever an election on the recommendations is to be held, pub…

(1) The governing body shall call an election on the question of an alteration of the form of government, a change in a plan of government, or, for an elected county official government, a change in the type of election proposed pursuant to 7-3-103(4) upon: (a) the election admin…

(1) The question of adopting an alteration of an existing form of government proposed by petition shall be submitted to the electors in substantially the following form: Vote for one: ☐ FOR adoption of the (self-government charter, amendment to an existing charter, or plan of gov…

(1) A petition recommendation may not involve more than three separate suboptions, and a suboption may not contain more than two alternatives. If a suboption is submitted to the voters, only the ballot alternatives within that suboption receiving the highest number of affirmative…

The adoption of a new form of government or a change in a plan of government does not affect the validity of any bond, debt, contract, obligation, or cause of action accrued or established under the prior form of government.

(1) A copy of the new form of government or change in a plan of government that is proposed by petition and that is ratified by the voters and any apportionment plan or consolidation or merger plan must be certified by the presiding officer of the governing body and filed with th…

Judicial review to determine the validity of the procedures whereby any charter or alternative plan of government is adopted may be initiated by petition in district court of 10 or more registered voters of the local government brought within 60 days after the election at which t…

(1) Unless the constitution requires otherwise, an election on the question of changing the form of local government, charter, or consolidation plan may not be conducted again for 3 years. (2) For the purposes of this section, general election dates are considered to be 1 year ap…

(1) A change in form of government or plan of government approved by the electors takes effect when the new officers take office pursuant to 7-3-161, except as otherwise provided in any charter or transition plan. A consolidation or merger plan adopted by the electors takes effec…

(1) The governing body shall prepare an advisory plan for orderly transition to a new form of government or plan of government proposed by petition. The transition plan may propose necessary ordinances, plans for consolidation of services and functions, and a plan for reorganizin…

(1) The members of the governing body holding office on the date the new plan of government is adopted by the electors of the local government continue in office and in the performance of their duties until the governing body authorized by the plan has been elected and qualified.…

(1) All ordinances and resolutions in effect at the time the new form of government becomes effective continue in effect until repealed or amended in the manner provided by law. (2) Within 2 years after ratification of a consolidation plan, the governing body of the consolidated …

(1) Within 20 days after an election at which a new form of government or a change in a plan of government is approved by the electors, the governing body of the local government shall meet and order an election for the purpose of electing the officials required by the new form o…

(1) The first meeting of a new governing body for a different form of government must be held at 10 a.m., 60 days after the election of the new officers. At that time, newly elected officers shall take the oath of office prior to assuming the duties of office. (2) If the terms of…

The purpose of 7-3-171 through 7-3-193 is to provide a mechanism for local government review as required by Article XI, section 9, of the Montana constitution.

The purpose of a study commission is to study the existing form and powers of a local government and procedures for delivery of local government services and compare them with other forms available under the laws of the state.

(1) A study commission may be established by an affirmative vote of the people. An election on the question of conducting a local government review and establishing a study commission must be held if: (a) the governing body of the local government unit calls for an election by re…

(1) An election on the question of establishing a study commission under 7-3-173 must be held in conjunction with a primary election held on the date established in 13-1-107. (2) An election of study commission members under 7-3-176 must be held in conjunction with a general elec…

The question of conducting a local government review and establishing a study commission must be submitted to the electors in substantially the following form: Vote for one: ☐ FOR the review of the government of (insert name of local government) and the establishment and funding,…

(1) An election to fill the positions on the local government study commission must be held in accordance with 7-3-174. A primary election may not be held. (2) The names of study commission candidates who have filed declarations of nomination not later than the filing deadline es…

(1) The number of positions, which must be an odd number of not less than three, on the study commission shall be set out in the resolution or petition calling for the election on the question of reviewing the local government or local governments and establishing a study commiss…