AN ACT EXPANDING THE DEFINITION OF "MAINTENANCE" AND CLARIFYING THE DEFINITION OF "IMPROVEMENTS" WITH RESPECT TO STREET MAINTENANCE DISTRICTS; CLARIFYING NOTICE REQUIREMENTS FOR ASSESSMENTS; AND AMENDING SECTIONS 7-12-4401, 7-12-4405, AND 7-12-4426, MCA.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 7-12-4401, MCA, is amended to read:

"7-12-4401. Street maintenance district authorized -- definition. (1) Whenever the council of any city or town desires to create a district for the maintenance of all or any part of the streets or avenues of its city or town as provided in this part, it shall provide by ordinance a method of doing the maintenance and of paying for the maintenance under the restrictions and regulations provided in this part.

(2) "Maintenance" as used in this part includes but is not limited to sprinkling, graveling, oiling, chip sealing, seal coating, overlaying, treating, general cleaning, sweeping, flushing, snow removal, leaf and debris removal, the operation, maintenance, and repair of traffic signal systems, the repair of traffic signs, the placement and maintenance of pavement markings, and curb and gutter repair."

Section 2. Section 7-12-4405, MCA, is amended to read:

"7-12-4405. Improvements within maintenance districts -- ordinance required. (1) (a) Cities and towns may prepare and improve streets, avenues, and alleys within the maintenance districts so that the maintenance will be of a durable and continuing benefit. The city or town council shall provide by ordinance a method or methods of doing the work and improvements.

(b) For the purposes of this section, "improvements" includes but is not limited to the installation of traffic signs, new curb and gutter construction, and widening of existing streets.

(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 the proposed ordinance is introduced and the day on which final action on the ordinance is taken."

Section 3. Section 7-12-4426, MCA, is amended to read:

"7-12-4426. Notice of resolution for assessment. (1) A notice, signed by the city clerk, stating that the resolution levying a special assessment or changing the method of assessment to defray the cost of maintenance in the district or districts is on file in the city clerk's office and subject to inspection for a period of 5 days, must be published at least once in a newspaper published in the city or town.

(2) The notice must state the time and place at which objections to the final adoption of the resolution will be heard by the council and must contain a statement setting out the method of assessment being proposed for adoption or the change in the method of assessment that is being proposed for adoption. The time for the hearing must be not less than 5 days after the publication of the notice."

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I hereby certify that the within bill,

HB 0336, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 336

INTRODUCED BY K. GILLAN, R. JOHNSON, B. KRENZLER, L. SOFT

AN ACT EXPANDING THE DEFINITION OF "MAINTENANCE" AND CLARIFYING THE DEFINITION OF "IMPROVEMENTS" WITH RESPECT TO STREET MAINTENANCE DISTRICTS; CLARIFYING NOTICE REQUIREMENTS FOR ASSESSMENTS; AND AMENDING SECTIONS 7-12-4401, 7-12-4405, AND 7-12-4426, MCA.