7-13-141. Charges for services. (1) The board of county commissioners has authority by ordinance or resolution to fix and establish just and equitable rates, charges, and rentals for the services and benefits directly or indirectly afforded by any sanitary or storm sewer system operated by, controlled by, and under the jurisdiction of a metropolitan sanitary and/or storm sewer district formed under this part or billed to a metropolitan sanitary and/or storm sewer district formed under this part for the purposes of providing sanitary and/or storm sewer services to the district.

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Montana Code 7-13-141

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.

(2)The rates, charges, and rentals must be as nearly as possible equitable in proportion to the services and benefits rendered and may take into consideration:

(a)the quantity of sewage produced;

(b)its concentration and water pollution qualities in general; and

(c)the cost of disposal of sewage and storm waters.

(3)The rates, charges, and rentals may be assessed against the owners in the district if the board of county commissioners passes a resolution to levy and assess the rates, charges, and rentals. The resolution must contain:

(a)a description of each lot or parcel of land with the name of the owner, if known; and

(b)the amount of each partial payment and the day when the payment becomes delinquent.

(4)All resolutions, signed by the presiding officer of the board, must be kept on file in the office of the county clerk.