7-13-2351. Dissolution of district by petition. (1) A district may be dissolved as provided in 7-13-2352 or this section.
(2) Upon receipt of a petition to dissolve the district, signed by more than 50% of the property owners of the district, the board of directors shall set a date for a public hearing on dissolution of the district. The hearing date may be not earlier than 45 days or later than 60 days after the date on which the board schedules the date of the hearing. A notice of the public hearing on the dissolution must be published as provided in 7-1-2121. The published notice must include notice to creditors of the district to present claims owed by the district to the board of directors prior to the date set for the dissolution hearing.
(3) At the dissolution hearing the board of directors shall hear testimony of all persons interested in whether the district should be dissolved and shall determine whether there are any outstanding debts of the district.
(4) After the hearing, if the board determines that dissolution of the district is in the best interest of the public and that there are no outstanding debts of the district, it may resolve to recommend that the district be dissolved. A copy of the resolution must be sent to the county commissioners of the county or counties in which the district is located.
(5) The district is dissolved after the approval of the dissolution by all the boards of county commissioners of the counties in which the district is located. An instrument approving dissolution must be filed with the clerk and recorder of the county or counties in which the district is located, who shall then notify the secretary of state.
(6) Any assets of the district after dissolution must be distributed according to a specific plan adopted by the board of directors after a public hearing and as provided in the resolution recommending that the district be dissolved.
History: En. Sec. 1, Ch. 545, L. 1985; amd. Sec. 2, Ch. 545, L. 1985; amd. Sec. 1, Ch. 546, L. 1987; amd. Sec. 1, Ch. 233, L. 2013.
Structure Montana Code Annotated
Part 23. County Water and/or Sewer Districts Continued
7-13-2301. Establishment of charges for services -- payment of charges
7-13-2302. Levy of taxes to meet bond obligations and other expenses
7-13-2303. Methods of assessment
7-13-2304. Notice of intention to levy tax
7-13-2305. Legal sufficiency of notice
7-13-2306. Contents of notice -- hearing and protest
7-13-2307. Hearing on protest to levy of tax
7-13-2308. Payment of tax under protest -- action to recover
7-13-2309. Collection of taxes
7-13-2311. Designation of fund depositary
7-13-2312. through 7-13-2320 reserved
7-13-2321. Procedure to incur bonded indebtedness
7-13-2323. Election on question of incurring bonded indebtedness
7-13-2324. Notice of election on incurring bonded indebtedness
7-13-2325. Qualifications to vote on question of incurring bonded indebtedness
7-13-2327. Entry of bond election results
7-13-2328. Sufficient vote required to issue bonds
7-13-2330. Status of bonds -- tax exemption
7-13-2331. Issuance of general obligation bonds
7-13-2332. Issuance of refunding bonds without election
7-13-2333. Issuance of revenue or special assessment bonds without election
7-13-2334. through 7-13-2339 reserved
7-13-2340. Correction of erroneous property description
7-13-2341. Addition of land to district -- election required -- effect on land and district
7-13-2342. Consolidation of county water and/or sewer districts -- election required
7-13-2343. Exclusion of land from district -- initiated by petition
7-13-2344. Details relating to petition to exclude land from district
7-13-2345. Hearing and notice on petition to exclude land
7-13-2346. Decision on petition to exclude land
7-13-2347. Effect of order excluding land
7-13-2348. Exclusion of land from district -- initiated by board of directors
7-13-2349. Establishment of subdistricts