Montana Code Annotated
Part 41. Special Improvement Districts
7-12-4101. Definitions

7-12-4101. Definitions. Unless the context indicates otherwise, as used in part 42 and this part, the following definitions apply:
(1) "Blocks" means blocks, whether regular or irregular, that are bounded by main streets or by main streets and a boundary line of the city.
(2) "City" or "municipality" means all corporations organized for municipal purposes.
(3) "City clerk" or "clerk" means a person or officer who is clerk of the council.
(4) "City council" means a body or board that is the legislative department of the government of the city.
(5) "City engineer" means a person or officer who is responsible for the maintenance and improvement of the streets in a city.
(6) "City treasurer" means a person who, under whatever name or title, is the custodian of the funds of the municipality.
(7) "Incidental expenses" means:
(a) the compensation of the city engineer for work done;
(b) the cost of printing and advertising as provided in part 42 and this part;
(c) the compensation of persons appointed by the city engineer to take charge of and superintend any of the work mentioned in this part;
(d) the expenses of making the assessment for any work authorized by this part;
(e) interest on warrants of the city issued to pay costs of improvements;
(f) costs of issuance of bonds or warrants of the special improvement district, including costs of printing the bonds, bond registration fees, attorney fees and financial consultants' fees, a premium for bond insurance, and the price paid by the original purchaser of the bonds that is less than the face amount of the bonds;
(g) interest to accrue on bonds or warrants of the special improvement district before assessments levied in the district are collected in amounts and at times sufficient to pay the interest; and
(h) a reasonable administrative fee payable to the city for the creation and administration of the district by the city, its officers, and its employees.
(8) "Main street" means the actually opened street that bounds a block.
(9) "Paved" or "repaved" means pavement of stone (whether paving blocks or macadam), of bituminous rock or asphalt, or of wood, brick, or other material (whether patented or not) that the city council adopts by ordinance or resolution.
(10) "Quarter-block", when used in reference to irregular blocks, means all lots or portions of lots having frontage on either of two intersecting streets halfway from the intersection to the next main street or, when a main street does not intervene, all the way to a boundary line of the city.
(11) "Street" means avenues, highways, lanes, alleys, crossings or intersections, courts, and places that have been dedicated and accepted according to the law or in common and undisputed use by the public for a period of not less than 5 years.
(12) "Street intersection" means that parcel of land at the point of juncture or crossing of intersecting streets that lies between lines drawn from corner to corner of all lot lines immediately cornering at the juncture.
(13) "Work", "improved", or "improvement" means all work or the securing of property mentioned in part 42 and this part and also the construction, reconstruction, and repair of any portion of the work.
History: En. Sec. 31, Ch. 89, L. 1913; re-en. Sec. 5255, R.C.M. 1921; re-en. Sec. 5255, R.C.M. 1935; R.C.M. 1947, 11-2241(part); amd. Sec. 8, Ch. 251, L. 1979; amd. Sec. 26, Ch. 665, L. 1985; amd. Sec. 541, Ch. 61, L. 2007.

Structure Montana Code Annotated

Montana Code Annotated

Title 7. Local Government

Chapter 12. Improvement Districts

Part 41. Special Improvement Districts

7-12-4101. Definitions

7-12-4102. Authorization for creation of special improvement districts -- petition for creation

7-12-4103. Formation of district to defray cost of acquiring private property

7-12-4104. Resolution of intention to create special improvement district

7-12-4105. Reference to description in resolution of intention sufficient

7-12-4106. Notice of passage of resolution of intention -- exception

7-12-4107. Repealed

7-12-4108. Responsibility for posting and publication of notice

7-12-4109. Extension of proposed district

7-12-4110. Protest against proposed work or district

7-12-4111. Repealed

7-12-4112. Hearing on protest

7-12-4113. Sufficient protest to bar proceedings -- exceptions

7-12-4114. Resolution creating special improvement district

7-12-4115. Statement of allocation of assessments to improvements, repairs, and maintenance

7-12-4116. Designation of nature of improvement district

7-12-4117. Combination of several improvements in one resolution

7-12-4118. Adjournment of hearings

7-12-4119. Appointment of person to serve as city engineer

7-12-4120. Provision for municipalities not having mayor

7-12-4121. Record of expenses to be kept by city engineer

7-12-4122. Role of city clerk

7-12-4123. Manner of making demands for incidental expenses

7-12-4124. Water user entities exempt from special assessments

7-12-4125. through 7-12-4129 reserved

7-12-4130. Transfer of operation, control, and ownership of improvement district facilities to a utility

7-12-4131. Modification of trafficways and courts for special improvement districts

7-12-4132. Power to require underground placement of utilities within district

7-12-4133. Power to require certain utility connections

7-12-4134. Special provision for paving street in which car tracks are located

7-12-4135. Responsibility for repairs due to operation of street railway

7-12-4136. Maintenance of improvements

7-12-4137. Protest procedures for property created as condominium

7-12-4138. through 7-12-4140 reserved

7-12-4141. Bid for work -- exception

7-12-4142. Opening of bids

7-12-4143. Decision on award of contract

7-12-4144. Procedure if all bids rejected or no bids received

7-12-4145. Procedure for dealing with bid securities

7-12-4146. Retroactive application of bid procedures

7-12-4147. Procedure for property owners to do improvement work

7-12-4148. Contract with successful bidder

7-12-4149. Procedure if successful bidder does not enter into contract

7-12-4150. Effect of failure to enter contract

7-12-4151. Contractor's bond for successful completion of work

7-12-4152. Procedure if person entering contract defaults on work

7-12-4153. Purchase of existing improvement

7-12-4154. through 7-12-4160 reserved

7-12-4161. Choice in manner of assessing costs

7-12-4162. Assessment of costs -- area option -- assessed valuation option -- equal amount option

7-12-4163. Assessment of costs -- frontage option

7-12-4164. Assessment of costs -- utility service connections -- option

7-12-4165. Assessment of costs -- offstreet parking option

7-12-4166. Land fronting excepted work not subject to assessment

7-12-4167. Provision for grading street by owner of abutting property

7-12-4168. Provision for work other than grading done by owner of property

7-12-4169. Incidental expenses considered as cost of improvements -- costs for bonds or warrants secured by revolving fund -- district reserve account

7-12-4170. Payment of damages incurred as result of improvements

7-12-4171. Treatment of corner lots for purposes of assessment

7-12-4172. Allocation of costs of nonfrontage sides

7-12-4173. Status of federal property within improvement district

7-12-4174. Inclusion and assessment of unplatted, undedicated, or unsurveyed land in improvement district -- inclusion of condominium property

7-12-4175. Offstreet parking option -- ordinance setting forth method of assessment required -- hearing

7-12-4176. Resolution for tax levy upon district property

7-12-4177. Notice of resolution for tax levy -- protest and hearing

7-12-4178. Hearing on resolution for tax levy

7-12-4179. Payment of maintenance costs -- resolution for assessment

7-12-4180. Improvement district maintenance fund

7-12-4181. Collection of district assessments by county clerk -- certification

7-12-4182. Collection of district assessments by city treasurer in cities collecting their own taxes -- delinquencies

7-12-4183. Collection of district assessments by city treasurer in cities where county collects taxes

7-12-4184. Reinstatement of delinquent assessment

7-12-4185. Payment of tax under protest -- action to recover

7-12-4186. Procedure to correct assessment and relevy and collect tax

7-12-4187. Certain errors not to invalidate assessments and liens

7-12-4188. Due date for district assessments

7-12-4189. Simple interest on assessments

7-12-4190. Payment of assessments in installments

7-12-4191. Assessments and certain other charges as liens

7-12-4192. Change in outstanding principal of district -- relevy of assessments

7-12-4193. Pooling of bonds of districts in city

7-12-4194. Refunding bonds

7-12-4195. Pooling of special improvement district bonds and sidewalk, curb, gutter, or alley approach bonds

7-12-4196. and 7-12-4197 reserved

7-12-4198. Energy performance contracts exempt