7-12-4323. Assessment of costs -- area or taxable valuation option -- equal assessment option. (1) The city council may assess the entire cost of the lighting improvement against the entire district, each lot or parcel of land within the district to be assessed for that part of the whole cost that its:
(a) area bears to the area of the entire district, exclusive of streets, avenues, alleys, and public places; or
(b) taxable valuation, including improvements, bears to the taxable valuation of the entire district.
(2) The city council may assess the cost equally against each of the lots or parcels located within the district.
(3) The council, in its discretion, may pay the whole or any part of the cost of any street, avenue, or alley intersection out of any funds available for that purpose or include the whole or any part of the costs within the amount of the assessment to be paid by the property in the district.
(4) In order to apportion the cost of any of the improvements provided in this part between the corner lot and the inside lots of a block, the council may, in the resolution creating a district, provide that whenever any of the improvements provided in this part are located along a side street or bordering or abutting upon the side of a corner lot of a block, the amount of the assessment against the property in the district to defray the cost of the improvements must be assessed so that each square foot of the land embraced within the corner lot bears double the amount of the cost of the improvement that a square foot of an inside lot bears.
History: En. Sec. 2, Ch. 143, L. 1915; re-en. Sec. 5260, R.C.M. 1921; amd. Sec. 2, Ch. 143, L. 1927; re-en. Sec. 5260, R.C.M. 1935; R.C.M. 1947, 11-2246(a); amd. Sec. 1, Ch. 682, L. 1983; amd. Sec. 2, Ch. 154, L. 2007.
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