7-12-4351. Major modification of existing lighting district. (1) The council of any city or town is authorized to:
(a) modify an existing special improvement lighting district by changing the number and spacing of lights, replacing overhead transmission lines with underground lines, increasing or decreasing the level of illumination, or making other major modifications required by the public interest and convenience;
(b) require that all or any part of the cost of the modification be paid by the owners of the property within the district; and
(c) assess and collect all or any part of the cost of the modification by special assessment against the property within the district.
(2) Before modifying an existing lighting district, the city council shall adopt a resolution of intention to do so, either by motion of the council or upon presentation of a petition signed by the owners or agents of at least 10% of the property within the district.
(3) The provisions in 7-12-4302 through 7-12-4305 for the content of the resolution, public notice, protest, and consideration of protest that apply to the creation of a special improvement lighting district also apply to the modification of an existing special improvement lighting district authorized by this section.
History: En. Sec. 1, Ch. 46, L. 1987.
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