Montana Code Annotated
Part 10. Special Districts -- Creation and Governance
7-11-1013. Order creating district -- power to implement program

7-11-1013. Order creating district -- power to implement program. (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) To create a special district, the governing body shall issue an order or pass an ordinance or resolution in accordance with the resolution of intention introduced and passed by the governing body or in accordance with the terms of the referendum required under 7-11-1011. This must be done within 30 days of the end of the protest period or approval of the referendum.
(3) If the governing body creates the special district of its own accord and without a referendum being held, a copy of the order, ordinance, or resolution creating the district, certified by the clerk of the governing body, must be delivered to the clerk and recorder of the county or counties in which the special district is situated and to the secretary of state, who shall issue a certificate of establishment in accordance with 7-11-1012.
History: En. Sec. 9, Ch. 286, L. 2009; amd. Sec. 6, Ch. 171, L. 2013.

Structure Montana Code Annotated

Montana Code Annotated

Title 7. Local Government

Chapter 11. General Provisions Related to Services

Part 10. Special Districts -- Creation and Governance

7-11-1001. Purpose

7-11-1002. Definitions

7-11-1003. Authorization to create special districts

7-11-1004. Applicability of part -- grandfathered special districts

7-11-1005. reserved

7-11-1006. Determining special district boundaries

7-11-1007. Public hearing -- resolution of intention to create special district

7-11-1008. Right to protest -- procedure -- hearing

7-11-1009. Provisions applicable to jurisdictionwide special districts

7-11-1010. Combination of elections -- term of board members if election combined

7-11-1011. Referendum -- conduct of election on creating special district

7-11-1012. Certificate of establishment

7-11-1013. Order creating district -- power to implement program

7-11-1014. Additional reporting procedures -- coordination of information collection, transfer, and accessibility

7-11-1015. Limitations on lawsuits

7-11-1016. through 7-11-1020 reserved

7-11-1021. Governance -- powers and duties

7-11-1022. Multiple jurisdictions

7-11-1023. Alteration of special districts

7-11-1024. Financing for special district

7-11-1025. Notice of resolution for assessment -- assessment

7-11-1026. Collection of special district assessments

7-11-1027. Payment of assessment under protest -- action to recover

7-11-1028. Assessments as liens

7-11-1029. Dissolution of special district

7-11-1030. Minutes

7-11-1031. through 7-11-1034 reserved

7-11-1035. Energy performance contracts exempt