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Home » US Law » 2022 Montana Code Annotated » Title 7. Local Government » Chapter 12. Improvement Districts » Part 43. Special Provisions for Special Improvement Lighting Districts

7-12-4301. Special improvement districts for lighting streets authorized

7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be […]

7-12-4302. Resolution of intention to create special improvement lighting district

7-12-4302. Resolution of intention to create special improvement lighting district. (1) Before creating any special improvement lighting district in any such city or town for the purpose of lighting any street or streets or public highway or section thereof in accordance with the provisions of this part, the city council shall pass a resolution of intention […]

7-12-4303. Notice of resolution of intent to create lighting district

7-12-4303. Notice of resolution of intent to create lighting district. (1) Upon having passed the resolution required by 7-12-4302, the council shall give notice of the passage of the resolution of intention. The notice of the passage of the resolution must be published as provided in 7-1-4127. A copy of the notice must be mailed to […]

7-12-4304. Protest against creation of lighting district

7-12-4304. Protest against creation of lighting district. At any time within 15 days after the date of the first publication of the notice of passage of the resolution of intention, an owner of property liable to be assessed for the work may make written protest against the proposed work or against the extent or creation of […]

7-12-4305. Consideration of protest

7-12-4305. Consideration of protest. (1) At the next regular meeting of the city council after the expiration of the time within which said protests may be made, the city council shall proceed to hear and pass upon all protests so made, and its decision shall be final and conclusive. When the protest is against the proposed […]

7-12-4306. Resolution to create lighting district

7-12-4306. Resolution to create lighting district. When no protests have been delivered to the clerk of the city council within 15 days after the date of the first publication of the notice of the passage of the resolution of intention or when a protest shall have been found by the city council to be insufficient or […]

7-12-4307. Objections to irregular proceedings or manner of making improvements

7-12-4307. Objections to irregular proceedings or manner of making improvements. (1) At any time within 60 days from the date the city or town council passes the resolution creating the special improvement lighting district, an owner or other person having an interest in a lot or land liable to assessment who claims that any of the […]

7-12-4308. Operation of district

7-12-4308. Operation of district. (1) The city or town council may: (a) provide for the installation of the lighting system for the special improvement lighting district; and (b) provide for the maintenance and operation of the lighting system after the lighting system has been installed. (2) The light posts in a special improvement lighting district must be of uniform […]

7-12-4309. Record of expenses to be kept by city engineer

7-12-4309. Record of expenses to be kept by city engineer. The city engineer shall keep an account of all costs and expenses incurred in the engineer’s office in connection with each special improvement district and certify the costs and expenses to the city clerk. History: En. Sec. 5, Ch. 143, L. 1915; re-en. Sec. 5264, R.C.M. 1921; […]

7-12-4310. Role of city clerk

7-12-4310. Role of city clerk. It shall be the duty of the city clerk to prepare all necessary schedules and resolutions levying taxes and assessments in such special improvement districts. History: En. Sec. 5, Ch. 143, L. 1915; re-en. Sec. 5264, R.C.M. 1921; re-en. Sec. 5264, R.C.M. 1935; R.C.M. 1947, 11-2250(part).

7-12-4311. Termination of special improvement lighting district

7-12-4311. Termination of special improvement lighting district. (1) If at any time after the creation of a special improvement lighting district a petition is presented to the city or town council, signed by the owners or agents of more than three-fourths of the total amount of property within the district, asking that the maintenance and operation […]

7-12-4321. Apportionment of costs

7-12-4321. Apportionment of costs. The portion of the entire cost of erecting and maintaining the posts, wires, pipes, conduits, lamps, and other suitable or necessary appliances for the purpose of lighting said streets or public highways and of the annual cost of supplying electrical current for and maintaining the lights thereon in such districts, all or […]

7-12-4322. Choice in manner of making assessments

7-12-4322. Choice in manner of making assessments. The city or town council, for the purpose of making the assessment, shall adopt one of the methods specified in 7-12-4323 or 7-12-4324. 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, […]

7-12-4324. Assessment of costs — frontage option

7-12-4324. Assessment of costs — frontage option. (1) The city council shall assess the cost of the improvements against the entire district, each lot or parcel of land within the district bordering or abutting upon the streets whereon or wherein the improvement has been made to bear costs in proportion to the lineal feet abutting or […]

7-12-4325. Incidental expenses considered as costs of improvements

7-12-4325. Incidental expenses considered as costs of improvements. The cost and expense connected with and incidental to the formation of the district, including the cost of preparation of plans, specifications, maps, and plats; engineering, superintendence, and inspection, including the compensation of the city engineer for work done; the cost of printing and advertising as provided in […]

7-12-4326. Treatment of federal lands within lighting district

7-12-4326. Treatment of federal lands within lighting district. Whenever any lot, piece, or parcel of land belonging to the United States (or mandatory of the government) shall be included within the boundaries of the proposed special improvement lighting district declared by the city or town council in its resolution of intention to be the district to […]

7-12-4328. Resolution to provide for assessment of costs of installation

7-12-4328. Resolution to provide for assessment of costs of installation. (1) It shall be the duty of the city or town council to ascertain the cost of installing such lighting system and, on or before the first Monday in October, to pass and finally adopt a resolution levying and assessing all of the property embraced within […]