Montana Code Annotated
Part 22. County Water and/or Sewer Districts
7-13-2208. Decision on petition -- election required -- exception

7-13-2208. Decision on petition -- election required -- exception. (1) On the final hearing provided for in 7-13-2206, the board of county commissioners shall make any changes in the proposed boundaries within the county that are considered advisable and shall define and establish the boundaries. The board of county commissioners may not modify the boundaries in a manner that would exclude from the proposed district any territory that would benefit from the formation of the district. Land that will not, in the judgment of the board of county commissioners, benefit from the district may not be included within the proposed district.
(2) Upon the final determination of the boundaries of the district, the board of county commissioners of each county in which the district lies shall hold an election for the purpose of determining whether the district is to be incorporated, except as provided in subsection (3). The election must be conducted in accordance with Title 13, chapter 1, part 5.
(3) An election is not required if the petition for the creation of the district is signed by the owners of all of the real property in the proposed district. If an election is not held, upon the final determination of the boundaries of the district, the board of county commissioners of each county in which the district lies shall, by an order entered on its minutes, declare the territory enclosed within the proposed boundaries as an organized county water and/or sewer district. The county clerk and recorder shall forward a certified copy of the order to the secretary of state.
History: (1)En. Sec. 4, Ch. 242, L. 1957; amd. Sec. 3, Ch. 167, L. 1965; Sec. 16-4504, R.C.M. 1947; (2)En. Sec. 5, Ch. 242, L. 1957; amd. Sec. 4, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 1, Ch. 257, L. 1974; amd. Sec. 1, Ch. 521, L. 1975; amd. Sec. 2, Ch. 296, L. 1977; Sec. 16-4505, R.C.M. 1947; R.C.M. 1947, 16-4504(part), 16-4505(part); amd. Sec. 18, Ch. 250, L. 1985; amd. Sec. 42, Ch. 387, L. 1995; amd. Sec. 10, Ch. 234, L. 1997; amd. Sec. 12, Ch. 459, L. 1997; amd. Sec. 2, Ch. 341, L. 2005; amd. Sec. 120, Ch. 49, L. 2015.

Structure Montana Code Annotated

Montana Code Annotated

Title 7. Local Government

Chapter 13. Utility Services

Part 22. County Water and/or Sewer Districts

7-13-2201. Definitions

7-13-2202. Interpretation

7-13-2203. County water and/or sewer districts authorized

7-13-2204. Petition to create water and/or sewer district

7-13-2205. Notice of petition -- hearing required

7-13-2206. Hearing on petition -- protest

7-13-2207. Effect of certain irregularities

7-13-2208. Decision on petition -- election required -- exception

7-13-2209. Application to include benefited lands

7-13-2210. Notice of election

7-13-2211. Ballot question for creating district

7-13-2212. Qualifications to vote

7-13-2213. Effect of insufficient favorable vote

7-13-2214. Order creating district upon sufficient favorable vote

7-13-2215. Certificate of incorporation from secretary of state

7-13-2216. Limitations on lawsuits challenging formation of district

7-13-2217. General powers of water and/or sewer district

7-13-2218. District powers related to water and sewer projects

7-13-2219. Power to construct works across roads and other obstacles

7-13-2220. Right-of-way across state lands

7-13-2221. Powers related to district finances -- audits

7-13-2222. Conduct of elections

7-13-2223. Repealed

7-13-2224. Repealed

7-13-2225. Combination of elections

7-13-2226. through 7-13-2230 reserved

7-13-2231. Election or appointment of board of directors

7-13-2232. Composition of board of directors

7-13-2233. Qualifications of directors

7-13-2234. Term of office

7-13-2235. Repealed

7-13-2236. Repealed

7-13-2237. Repealed

7-13-2238. Repealed

7-13-2239. Repealed

7-13-2240. Repealed

7-13-2241. Filing declaration of candidacy

7-13-2242. Repealed

7-13-2243. Repealed

7-13-2244. Repealed

7-13-2245. Repealed

7-13-2246. Repealed

7-13-2247. Repealed

7-13-2248. Repealed

7-13-2249. Repealed

7-13-2250. Repealed

7-13-2251. Repealed

7-13-2252. Repealed

7-13-2253. Repealed

7-13-2254. Repealed

7-13-2255. Repealed

7-13-2256. Repealed

7-13-2257. Repealed

7-13-2258. Effect of failure to qualify for office

7-13-2259. Manner of making appointments

7-13-2260. Provision for municipalities not having mayor

7-13-2261. Recall of officers

7-13-2262. Vacancies on board of directors -- appointment

7-13-2263. Vacancies

7-13-2264. through 7-13-2270 reserved

7-13-2271. Organization of board of directors

7-13-2272. Duties of board president

7-13-2273. Compensation of members of board -- approval by voters of district -- public notice

7-13-2274. Conduct of business

7-13-2275. Procedure relating to ordinances and resolutions -- rates, fees, and charges established

7-13-2276. Right of initiative and referendum

7-13-2277. Appointment of administrative personnel

7-13-2278. Duties of administrative personnel

7-13-2279. Performance bonds for administrative personnel

7-13-2280. Levy of special assessments

7-13-2281. Notice of resolution for levy of assessment hearing

7-13-2282. Hearing on assessment

7-13-2283. Collection of assessments by county treasurer -- delinquencies

7-13-2284. Payment of assessment under protest -- action to recover

7-13-2285. Procedure to correct assessment and to relevy

7-13-2286. Certain errors not to invalidate assessments or liens

7-13-2287. Term of payment of assessments

7-13-2288. Interest rate on unpaid assessments

7-13-2289. Assessments and certain other charges as liens

7-13-2290. Protest procedures for property created as condominium -- assessment of condominium property