SENATE BILL NO. 350

INTRODUCED BY D. MAHLUM

A BILL FOR AN ACT ENTITLED: "AN ACT MAKING THE TRANSFER OF MANAGEMENT AND CONTROL OF A SPECIAL IMPROVEMENT DISTRICT TO A CITY OR TOWN MANDATORY WHEN THE TERRITORY OF THE DISTRICT IS ANNEXED INTO A CITY OR TOWN; AND AMENDING SECTION 7-12-2126, MCA."

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

Section 1. Section 7-12-2126, MCA, is amended to read:

"7-12-2126. Transfer of management and control of district to city or town. (1) When a special improvement district has been created in accordance with the provisions of this part in any county of the state and the property contained in the district subsequently becomes a part of the boundaries of an incorporated city or town, the board of county commissioners or the multicounty district trustees, as the case may be, shall transfer the operation, control, and management of the district to a city or town.

(2) A city or town shall accept the responsibility to operate and control the district.

(3) An agreement for transfer of responsibilities from a county to a city or town must be properly executed in writing and must be approved by both governing bodies. The date of transfer of operation, control, and management is the date the agreement is fully effective or the date of transfer specified in the agreement, whichever is later. Upon the transfer, the board of county commissioners shall discontinue the assessment for the district."

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