Montana Code 7-11-1003. Authorization to create special districts
7-11-1003. Authorization to create special districts. (1) Whenever the public convenience and necessity may require:
Terms Used In Montana Code 7-11-1003
- Governing body: means the legislative authority of a local government. See Montana Code 7-11-1002
- Property: means real and personal property. See Montana Code 1-1-205
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
- Special district: means a unit of local government that is authorized by law to perform a single function or a limited number of functions. See Montana Code 7-11-1002
(a)the governing body may:
(i)create a special district by resolution pursuant to 7-11-1007, 7-11-1008, and the provisions of 7-11-1009, if applicable; or
(ii)order a referendum on the creation of a special district to serve the inhabitants of the special district as provided in 7-11-1011 and the provisions of 7-11-1009, if applicable; or
(b)petitioners may initiate the creation of a special district to serve inhabitants of the special district as provided in subsection (2).
(2)(a) Upon receipt of a petition to institute the creation of a special district that is signed by at least 40% of the registered voters or by the owners of at least 40% of the real property within the boundary of the proposed special district and that is submitted to the clerk of the governing body, the governing body shall commence proceedings to create a special district as provided in subsection (1)(a).
(b)The form of the petition may be prescribed by the governing body, and the clerk of the governing body shall verify the signatures on the petition.
(c)Subject to subsection (2)(b), the petition must:
(i)require the printed name of each signatory;
(ii)specify whether the signatory is a property taxpayer or owner of real property within the proposed special district and either the street address or the legal description, whichever the signatory prefers, of that property;
(iii)describe the type of special district being proposed and the general character of any proposed improvements and program to be administered within the special district;
(iv)designate the method of financing any proposed improvements or maintenance program within the special district;
(v)include a description of the areas to be included in the proposed special district; and
(vi)specify whether the proposed special district would be administered by the local governing body or an appointed or elected board.
(3)Within 60 days of receipt of a petition to create a special district, the clerk of the governing body shall:
(a)certify that the petition is sufficient under the provisions of subsection (2) and present it to the governing body at its next meeting; or
(b)reject the petition if it is insufficient under the provisions of subsection (2).
(4)A defect in the contents of the petition or in its title, form of notice, or signatures may not invalidate the petition and subsequent proceedings as long as the petition has a sufficient number of qualified signatures attached.