House Bill No. 461
Introduced By _______________________________________________________________________________
A Bill for an Act entitled: "An Act authorizing park and forestry maintenance districts in addition to street maintenance districts; allowing improvements in a maintenance district to be provided for by resolution as well as ordinance; and amending sections 7-12-4401, 7-12-4402, 7-12-4405, 7-12-4406, 7-12-4407, and 7-12-4422, MCA."
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 7-12-4401, MCA, is amended to read:
Street maintenance Maintenance district authorized -- definition. (1) Whenever the council of any city or
town desires to create a maintenance district for the maintenance of all or any part of the streets or avenues of in its city or
town as provided in this part, it shall provide by resolution or ordinance a method of doing said the work and of paying for
the same work under the restrictions and regulations provided in pursuant to the provisions of this part.
"Maintenance" as used in this part includes but is not limited to As used in this part, "maintenance district" means a
district created to maintain:
(a) streets or avenues, including but not limited to sprinkling, graveling, oiling, chip sealing, seal coating, overlaying, treating, general cleaning, sweeping, flushing, snow removal, and leaf and debris removal; and
(b) parks and forestry, including but not limited to mowing, irrigation, turf repair and maintenance, recreation facility and equipment maintenance, tree or shrubbery planting, tree trimming and removal, garbage removal, general cleaning, and leaf and debris removal."
Section 2. Section 7-12-4402, MCA, is amended to read:
"7-12-4402. Creation of maintenance districts. (1) A resolution of intention to create a maintenance district or districts
and a resolution creating a maintenance district or districts must
shall be adopted dividing the whole or any part of the city
or town into maintenance districts, to be known and designated by number. Said resolution shall The resolution must
plainly define the boundaries of the district or districts and describe the streets, alleys, and public places or any part thereof
of the streets, alleys, and public places constituting the district or districts.
(2) A resolution of intention to create a maintenance district or districts and a resolution creating a maintenance district or districts must be adopted in accordance with the procedures set forth in 7-12-4104 through 7-12-4114 for special improvement districts."
Section 3. Section 7-12-4405, MCA, is amended to read:
"7-12-4405. Improvements within maintenance districts -- resolution or ordinance required. (1) Cities and towns
hereby authorized and empowered to prepare and improve streets, avenues, and alleys within the may create maintenance
districts so that the maintenance and improvements will be of a durable and continuing benefit. The city or town council
shall provide by resolution or ordinance a method or methods of doing said work of implementing the and improvements.
(2) Cities and towns are authorized to maintain the
work and improvements made under subsection (1).
(3) At least 12 days must elapse between the day on which
said a proposed resolution or ordinance is introduced pursuant
to this section and the day on which final action thereon is taken on the resolution or ordinance."
Section 4. Section 7-12-4406, MCA, is amended to read:
"7-12-4406. Notice of resolution or ordinance for improvements. The city or town clerk
must shall give notice of the
introduction of such proposed a resolution or ordinance introduced pursuant to 7-12-4405 and of the time it the resolution
or ordinance will be up considered for final adoption:
(1) by publication three times in a daily newspaper or in a weekly newspaper for two successive issues in
such the city or
(2) if there
be no such is not a qualified newspaper, then by posting for at least 10 days in three public places in each of the
wards of said city or town district that is the subject of the resolution or ordinance."
Section 5. Section 7-12-4407, MCA, is amended to read:
"7-12-4407. Protest against resolution or ordinance for improvements.
No further Further action shall may not be
taken upon the a proposed maintenance district for 1 year if a written protest against passage of the proposed resolution or
ordinance is filed by:
(1) owners of property within the proposed maintenance district
having that has a taxable valuation , when aggregated,
representing not less than 50% of the total taxable valuation of property within the district;
(2) not less than 50% of the owners of property within the district; or
(3) owners of property within the proposed maintenance district
having that has projected assessments , when aggregated,
representing not less than 50% of the total projected assessments for property within the district."
Section 6. Section 7-12-4422, MCA, is amended to read:
"7-12-4422. Assessment of costs -- area, frontage, lot, and taxable valuation options. (1) For the purposes of this
section, "assessable area" means the portion of a lot or parcel of land that is benefited by
the a maintenance district. The
assessable area may be less than but may not exceed the actual area of the lot or parcel.
(2) The city council shall assess the percentage of the cost of maintenance established in 7-12-4425 against the entire district as follows:
(a) each lot or parcel of land within
such the district may be assessed for that part of the cost which that its assessable area
bears to the assessable area of the entire district, exclusive of streets, avenues, alleys, parks, and public places;
(b) each lot or parcel of land within
such the district abutting upon a street upon which maintenance is done may be
assessed for that part of the cost which that its street frontage bears to the street frontage of the entire district;
(c) if the city council determines that the benefits derived from the maintenance by each lot or parcel are substantially equivalent, the cost may be assessed equally to each lot or parcel located within the district without regard to the assessable area of the lot or parcel;
(d) each lot or parcel of land, including the improvements
thereon on the lot or parcel of land, may be assessed for that part
of the cost of the district which that its taxable valuation bears to the total taxable valuation of the property of the district;
(e) any combination of the assessment options provided in subsections (2)(a) through (2)(d) may be used for the district as a whole or for any lot or parcel within the district."