7-12-1114. Hearing on protest -- sufficient protest to bar proceedings. (1) At a regular meeting of the governing body after the expiration of the time within which protest may be made, the governing body shall proceed to hear and pass upon all protests. Its decision shall be final and conclusive.
(2) The governing body may adjourn the hearing from time to time. A protestant shall have the right to withdraw a protest at any time before final action thereon by the council or commission.
(3) No further action shall be taken upon the proposed district or proposed expansion of an existing district for 1 year if a written protest against passage of the proposed ordinance is filed by:
(a) owners of property within the proposed district or area of a proposed expansion having a taxable valuation, when aggregated, representing not less than 50% of the total taxable valuation of property within the district or within the area of a proposed expansion;
(b) not less than 50% of the owners of property within the district or area of a proposed expansion; or
(c) owners of property within the proposed district or area of a proposed expansion having projected assessments, when aggregated, representing not less than 50% of the total projected assessments for property within the district or within the area of a proposed expansion.
History: En. Sec. 7, Ch. 656, L. 1985; amd. Sec. 3, Ch. 79, L. 1991.
Structure Montana Code Annotated
Chapter 12. Improvement Districts
Part 11. Business Improvement Districts
7-12-1104. through 7-12-1110 reserved
7-12-1111. Establishment or expansion of district
7-12-1112. Resolution of intention to create or expand district -- notice
7-12-1113. Protest against proposed district
7-12-1114. Hearing on protest -- sufficient protest to bar proceedings
7-12-1115. Resolution creating or expanding district
7-12-1116. through 7-12-1120 reserved
7-12-1121. Board of trustees -- appointment -- number -- term of office
7-12-1122. Organization of board of trustees -- no compensation
7-12-1123. Removal of board member
7-12-1124. through 7-12-1130 reserved
7-12-1131. Powers of board in administering district
7-12-1132. Annual budget and work plan -- approval -- procedure -- tax
7-12-1134. through 7-12-1140 reserved
7-12-1141. Duration of district
7-12-1142. Governing body not to decrease public services
7-12-1143. Liability insurance required
7-12-1144. Obligations of district not obligations of local government
7-12-1145. through 7-12-1150 reserved
7-12-1151. Water user entities exempt from special assessments