7-12-4305. Consideration of protest. (1) At the next regular meeting of the city council after the expiration of the time within which said protests may be made, the city council shall proceed to hear and pass upon all protests so made, and its decision shall be final and conclusive. When the protest is against the proposed work and the cost thereof is to be assessed upon property embraced within the boundaries of the district and if the city council finds that such protest is made by the owners of a majority of the property embraced within the district to be assessed for the proposed work, no further proceedings shall be taken for a period of 6 months from the date when said protest was received by the city clerk of said city council.
(2) In determining the sufficiency of protest, each protest shall be weighted in proportion to the amount of the assessment to be levied against the lot or parcel with respect to which it is made.
(3) In determining whether or not sufficient protest has been filed in a proposed district to prevent further proceedings therein, property owned by a county, city, or town shall be considered the same as other property in the district.
(4) The city council may adjourn said hearing from time to time.
History: En. Sec. 3, Ch. 143, L. 1915; re-en. Sec. 5261, R.C.M. 1921; amd. Sec. 3, Ch. 143, L. 1927; re-en. Sec. 5261, R.C.M. 1935; R.C.M. 1947, 11-2247(4), (5); amd. Sec. 2, Ch. 682, L. 1983.
Structure Montana Code Annotated
Chapter 12. Improvement Districts
Part 43. Special Provisions for Special Improvement Lighting Districts
7-12-4301. Special improvement districts for lighting streets authorized
7-12-4302. Resolution of intention to create special improvement lighting district
7-12-4303. Notice of resolution of intent to create lighting district
7-12-4304. Protest against creation of lighting district
7-12-4305. Consideration of protest
7-12-4306. Resolution to create lighting district
7-12-4307. Objections to irregular proceedings or manner of making improvements
7-12-4308. Operation of district
7-12-4309. Record of expenses to be kept by city engineer
7-12-4311. Termination of special improvement lighting district
7-12-4312. through 7-12-4320 reserved
7-12-4321. Apportionment of costs
7-12-4322. Choice in manner of making assessments
7-12-4323. Assessment of costs -- area or taxable valuation option -- equal assessment option
7-12-4324. Assessment of costs -- frontage option
7-12-4325. Incidental expenses considered as costs of improvements
7-12-4326. Treatment of federal lands within lighting district
7-12-4327. Assessment of costs of lighting district to certain lands lying outside of municipality
7-12-4328. Resolution to provide for assessment of costs of installation
7-12-4329. Notice of resolution for assessment of installation costs -- hearing on resolution
7-12-4330. Hearing on resolution for assessment of installation costs
7-12-4331. Lighting district fund established
7-12-4332. Resolution to provide for assessment of maintenance costs
7-12-4333. Procedure for resolution for assessment of maintenance costs
7-12-4334. Lighting district maintenance fund
7-12-4335. Change of boundaries of maintenance district
7-12-4336. Effect of mistake as to property ownership
7-12-4337. Incorporation of procedures to correct errors and omissions
7-12-4338. Assessments to have effect of lien
7-12-4339. and 7-12-4340 reserved
7-12-4341. Financing of lighting district improvements
7-12-4342. Details relating to lighting district bonds and warrants
7-12-4343. and 7-12-4344 reserved
7-12-4345. Water user entities exempt from special assessments
7-12-4346. through 7-12-4350 reserved
7-12-4351. Major modification of existing lighting district
7-12-4352. Jurisdiction to modify lighting district
7-12-4353. Objections to irregular proceedings or manner of making modification