7-12-2161. Payment of maintenance costs -- resolution for assessment and for change of boundaries -- assessment for administrative costs. (1) The board of county commissioners shall estimate, as near as practicable, the cost of maintaining, preserving, or repairing the improvements in each district for each year beginning January 1 or another time as may appear necessary.
(2) The board may, before the first Monday in September of each year, pass and finally adopt a resolution levying and assessing all the property within the district with an amount equal to the whole cost of maintaining, preserving, or repairing the improvements within the district. An assessment authorized by the board must be proportioned as provided in 7-12-2108. In lieu of an assessment, the board shall otherwise provide for the whole cost of maintaining, preserving, or repairing the improvements in the district.
(3) The resolution levying assessments to defray the cost of maintenance, preservation, or repair of improvements must be prepared and certified to in substantially the same manner as a resolution levying assessments for making, constructing, and installing the improvements in the special improvement district.
(4) The board may change by resolution, not more than once a year, the boundaries of any maintenance district.
(5) The board shall include in the estimated cost of maintaining the district the lesser of $500 or 5% of the annual assessment of the district. The amount determined by the board under this subsection is to defray the costs incurred by the county in administering the maintenance district and is a cost of maintenance. The board shall annually pay the amount determined under this subsection to the county treasurer for deposit in the county general fund.
History: En. Ch. 123, L. 1915; superseded by Ch. 156, L. 1917; amd. Ch. 67, L. 1919; superseded by Sec. 19, Ch. 147, L. 1921; re-en. Sec. 4592, R.C.M. 1921; amd. Sec. 3, Ch. 133, L. 1929; amd. Sec. 1, Ch. 104, L. 1935; re-en. Sec. 4592, R.C.M. 1935; R.C.M. 1947, 16-1619(part); amd. Sec. 1, Ch. 175, L. 1997; amd. Sec. 9, Ch. 277, L. 2003.
Structure Montana Code Annotated
Chapter 12. Improvement Districts
Part 21. Rural Improvement Districts
7-12-2103. Resolution of intention to create rural improvement district
7-12-2104. Sufficiency of description in resolution of intention
7-12-2105. Notice of resolution of intention to create district -- hearing -- exception
7-12-2107. Responsibility for posting and publication of notice
7-12-2108. Extension of proposed district
7-12-2109. Right to protest creation or extension of district -- exception
7-12-2112. Sufficient protest to bar proceedings -- exception
7-12-2113. Resolution creating district -- power to order improvements
7-12-2114. Area includable within district
7-12-2115. Adjournment of hearing
7-12-2116. County surveyor as improvement district engineer
7-12-2117. Record of expenses to be kept by engineer
7-12-2118. Role of county clerk
7-12-2119. Manner of making demands for incidental expenses
7-12-2120. Maintenance of improvements
7-12-2121. Administration of multicounty district
7-12-2122. Term of office of multicounty district trustee
7-12-2123. Powers of multicounty district board of trustees
7-12-2124. Dissolution of district
7-12-2125. Right to protest dissolution of district
7-12-2126. Transfer of management and control of district to city or town
7-12-2128. Transfer of ownership of improvements -- petition -- hearing -- effect of transfer
7-12-2129. and 7-12-2130 reserved
7-12-2131. Bids for district work -- exception
7-12-2132. Advertising for bids
7-12-2133. Competitive bidding not required for purchase of existing improvement
7-12-2135. Decision on award of contract
7-12-2136. Procedure if all bids rejected or no bids received
7-12-2137. Procedure for dealing with bid securities
7-12-2138. Contractor's bond for successful completion of work
7-12-2139. Procedure if person entering contract defaults on work
7-12-2140. Procedure for objection to proceedings
7-12-2141. Protest procedures for property created as condominium
7-12-2142. through 7-12-2150 reserved
7-12-2151. Assessment of costs
7-12-2152. Exception for owners of water ditches under certain circumstances
7-12-2154. Payment of damages incurred as result of improvements
7-12-2155. Apportionment of costs between corner lots and inside lots
7-12-2156. Responsibility for costs for improvements close to street railway
7-12-2157. Status of federal property within improvement district
7-12-2158. Resolution for levy and assessment of tax
7-12-2159. Notice of resolution for levy and assessment of tax -- protest and hearing
7-12-2162. Improvement district maintenance fund
7-12-2163. Collection of district assessments by county treasurer -- delinquencies
7-12-2164. Payment of tax under protest -- action to recover
7-12-2165. Procedure to correct assessment and relevy and collect tax
7-12-2166. Certain errors not to invalidate assessments or liens
7-12-2167. Term of payment of assessments
7-12-2168. Assessments and certain other charges as liens
7-12-2169. Use of bonds and warrants
7-12-2171. Details relating to rural improvement district bonds and warrants
7-12-2172. Procedure to issue bonds and warrants
7-12-2173. Disposition of bond or warrant proceeds
7-12-2174. Redemption of bonds and warrants
7-12-2175. Investment of maintenance, interest, and sinking fund money
7-12-2176. Interest rate on unpaid assessments
7-12-2177. through 7-12-2180 reserved
7-12-2181. Creation of rural improvement district revolving fund
7-12-2182. Sources of money for revolving fund
7-12-2184. Lien arising due to loan from revolving fund
7-12-2186. Utilization of excess money in revolving fund
7-12-2187. through 7-12-2190 reserved
7-12-2191. Change in outstanding principal of district -- relevy of assessments
7-12-2192. Pooling of bonds of districts in county
7-12-2194. and 7-12-2195 reserved
7-12-2196. Water user entities exempt from special assessments