7-13-2352. Dissolution of district by election. (1) The board of directors may, after notice is given as provided in 7-1-2121, hold a hearing for dissolution of the district if:
(a) the district has no facilities;
(b) the district provides no services;
(c) the board is not a party to any existing contracts and is not engaged in any contract proposals for facilities or services; and
(d) the district has not had outstanding debts for at least 3 years.
(2) At the dissolution hearing, the board of directors shall hear testimony of all persons interested in whether the district should be dissolved.
(3) If the board of directors determines that the dissolution of the district is in the best interests of the public, the board may resolve to recommend that the district be dissolved. The recommendation must include a specific plan for distribution of any remaining assets after dissolution and must be provided to the board of county commissioners in each county in which the district is located.
(4) Upon receipt of a recommendation for dissolution, the board of county commissioners in each county in which the district lies shall order an election on the proposed dissolution.
(5) If the majority of votes cast at the election by qualified electors of the district are in favor of dissolving the district, each board of county commissioners shall by order declare the district dissolved.
(6) Upon dissolution of the district by each board of county commissioners, the clerk of each county in which the district was located shall immediately send written notice to the secretary of state and shall record a certificate stating that the district is dissolved.
(7) Any assets of the district after dissolution must be distributed according to the plan adopted by the board of directors under subsection (3).
History: En. Sec. 2, Ch. 233, L. 2013; amd. Sec. 144, Ch. 49, L. 2015.
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