House Bill No. 369
Introduced By brainard, prouse, tuss, adams, emerson, thomas, squires, denny, mcgee
A Bill for an Act entitled: "An Act generally revising local government law; requiring contiguous annexation by a city or
town to be approved by vote
by a majority of the registered voters residing in the area to be annexed UNLESS THERE
ARE LESS THAN 300 RECORDED PARCELS IN THE AREA; increasing IN CERTAIN INSTANCES from 1 year to 5
years the period that a city or town council is required to wait to initiate, without petition, the question of annexing an area,
calculated from the date a majority of voters residing in that area vote against annexation; changing the meaning of wholly
surrounded land with respect to annexation by a city or town; eliminating a mayor's authority to call out the militia;
eliminating a mayor's right to call out citizens in case of a riot; eliminating a mayor's right to exercise extraterritorial
powers within 5 miles of the city or town limits for the purpose of enforcing health and quarantine ordinances;
MODIFYING A MAYOR'S RIGHT TO EXERCISE EXTRATERRITORIAL POWERS WITHIN 5 MILES OF THE
CITY OR TOWN LIMITS FOR THE PURPOSE OF ENFORCING HEALTH AND QUARANTINE ORDINANCES;
amending sections 7-2-4303, 7-2-4311, 7-2-4312, 7-2-4313, 7-2-4314, 7-2-4325, 7-2-4502, 7-2-4504, 7-3-4101, AND
7-4-4303, and 50-60-101, AND 7-4-4306, MCA; and repealing sections 7-2-4321, 7-2-4322, 7-2-4323, 7-2-4324, AND
7-4-4304, and 7-4-4306, MCA."
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 7-2-4303, MCA, is amended to read:
"7-2-4303. Restrictions on annexation power.
Land EXCEPT AS PROVIDED IN 7-2-4314(1)(D), LAND used for
industrial, RAILROAD, or manufacturing purposes shall may not be included in such a city or town under the provisions of
7-2-4311 through 7-2-4314 and 7-2-4321 through 7-2-4325 without the written consent in writing of the owners of such the
Section 2. Section 7-2-4311, MCA, is amended to read:
"7-2-4311. Annexation of contiguous land by cities
of the first class or towns. Any tracts or parcels of land which that
have been or may hereafter be platted into lots or blocks, streets, and alleys or platted for parks, and the map or plat thereof
of which is filed in the office of the county clerk and recorder of the county in which the same tracts or parcels of land are
situated, or any unplatted land that has been surveyed and for which a certificate of survey has been filed, as provided in
these codes by law, which if the platted or unplatted land shall be is contiguous to any incorporated city of the first class or
town, may be embraced within the corporate limits thereof of the city or town, and the boundaries of such the city of the
first class or town may be extended so as to include the same platted or unplatted land in the manner provided in 7-2-4312
through 7-2-4314 and 7-2-4325."
Section 3. Section 7-2-4312, MCA, is amended to read:
"7-2-4312. Resolution of intent by
first-class city or town -- notice. When, in the judgment of any city or town council,
of a city of the first class expressed by a resolution duly and regularly that is passed and adopted, it will be to is in the best
interest of such the city or town and the inhabitants of any contiguous platted tracts or parcels of land or unplatted land for
which a certificate of survey has been filed that the boundaries of such the city or town shall be extended so as to include
the same platted tracts or parcels of land or unplatted land within the corporate limits thereof of the city or town, the city or
town clerk of such city shall:
(1) immediately notify, in writing,
addressed to the address to which tax notices are sent, all owners and purchasers under
contracts for deed of property registered voters in the territory to be embraced; and
(2) cause a notice to be published in the newspaper published nearest
such the platted tracts or parcels of land or unplatted
land for which a certificate of survey has been filed, at least once a week for 2 successive weeks."
Section 4. Section 7-2-4313, MCA, is amended to read:
"7-2-4313. Contents of notice -- protest period. The notice under 7-2-4312 must state that:
(1) the resolution has been
duly and regularly passed; and
(2) for a period of 20 days after the first publication of the notice, the city or town clerk shall accept written comments
approving or disapproving the proposed extensions of the boundaries of the city
of the first class or town from real property
owners of registered voters residing in the area proposed to be annexed."
Section 5. Section 7-2-4314, MCA, is amended to read:
"7-2-4314. Hearing on question of annexation -- vote on question of annexation -- resolution of annexation. (1) (a)
The city or town clerk shall, at the next regular meeting of the city or town council
of a city of the first class after the
expiration of the 20-day period provided for in 7-2-4313, forward all written communication received by the clerk for the
city or town council's consideration. Except as provided in subsection (2), if after considering any written communication
If EXCEPT AS PROVIDED IN SUBSECTION (1)(D), IF the city or town council, after considering all written
communication, adopts a resolution approving the annexation, the boundaries of the city must be extended to include the
platted tracts or parcels of land or unplatted land for which a certificate of survey has been filed implementation of the
resolution must be approved by the vote of a majority of the registered voters residing in the area proposed for annexation.
The resolution must state the date on which the proposed annexation takes is intended to take effect.
(c) Within 45 days of adopting the resolution for annexation, the city or town council shall submit the question of approving the resolution to the registered voters residing in the area proposed for annexation. A notice of election must be mailed to all registered voters residing in the area proposed for annexation.
(D) IF THE AREA TO BE ANNEXED CONTAINS LESS THAN 300 RECORDED PARCELS, THE CITY OR TOWN COUNCIL, AFTER CONSIDERING ALL WRITTEN COMMUNICATION, MAY ADOPT A RESOLUTION APPROVING THE ANNEXATION AND THE BOUNDARIES OF THE CITY OR TOWN MUST BE EXTENDED TO INCLUDE THE PLATTED TRACTS OR PARCELS OF LAND OR UNPLATTED LAND FOR WHICH A CERTIFICATE OF SURVEY HAS BEEN FILED. AN AREA ANNEXED PURSUANT TO THIS SUBSECTION MAY INCLUDE LAND USED FOR RAILROAD PURPOSES. A CITY OR TOWN COUNCIL MAY NOT ANNEX BY RESOLUTION AN AREA CONTAINING LESS THAN 300 RECORDED PARCELS IF THE RESOLUTION IS DISAPPROVED IN WRITING BY A MAJORITY OF REAL PROPERTY OWNERS OF THE AREA PROPOSED TO BE ANNEXED. IF THE RESOLUTION IS DISAPPROVED BY A MAJORITY OF THE LAND OWNERS, THE CITY OR TOWN COUNCIL MAY NOT ON ITS OWN INITIATIVE PROPOSE FURTHER RESOLUTIONS RELATING TO THE ANNEXATION OF THE AREA OR ANY PORTION OF THE AREA, WITHOUT PETITION, FOR A PERIOD OF 1 YEAR.
The resolution may not be adopted by the city council if disapproved in writing by a majority of the real property
owners of the area proposed to be annexed, and further Further EXCEPT AS PROVIDED IN SUBSECTION (1)(D),
FURTHER resolutions relating to the annexation of the area or any portion of the area may not be considered or acted upon
by the council on its own initiative, without petition, for a period of 1 year 5 years from the date of disapproval by the
voters as provided in subsection (1)."
Section 6. Section 7-2-4325, MCA, is amended to read:
"7-2-4325. Consolidation of proceedings for two or more tracts. Whenever two or more adjacent tracts taken as a
shall adjoin the a city or town, they the tracts may be included in one resolution under 7-2-4321 through 7-2-4325
this part, although one or more of said the tracts taken alone may not be adjacent to the corporate limits as then existing."
Section 7. Section 7-2-4502, MCA, is amended to read:
"7-2-4502. Protest not available.
The Wholly surrounded land is annexed, if so resolved by the city or town council,
whether or not a majority of the real property owners of the area to be annexed object. The question of annexing the wholly
surrounded land is not subject to being voted on by the registered voters of the area to be annexed." Section 8. Section 7-2-4504, MCA, is amended to read: "7-2-4504. What constitutes contiguous lands. (1) Except as provided in subsection (2), tracts Tracts or parcels of land
proposed to be annexed to a city or town under the provisions of this part shall be deemed are considered contiguous to
such the city or town even though such the tracts or parcels of land may be separated from such the city or town by a street
or other roadway, irrigation ditch, drainage ditch, stream, river, or a strip of unplatted land too narrow or too small to be
platted. (2) A tract or parcel of land may not be considered wholly surrounded if a street or roadway forms a border of the tract or
parcel unless the street or roadway is contiguous to the city or town for the entire length of the street or roadway that forms
the border of the tract or parcel."
Section 8. Section 7-3-4101, MCA, is amended to read:
"7-3-4101. Strong mayor form of municipal government. (1) The qualified electors of any city or town in this state
may, in the manner provided in
part 42 of chapter 5, part 42, cause adopt an ordinance to be adopted which has as its
subject the vesting of any or all of the following powers with the office of mayor of such the city or town:
(a) to appoint and remove, without consent of the council, all nonelective officers of the city or town;
(b) to exercise absolute control over all departments and divisions of the city or town created in this title or that may be created by the council;
(c) to appoint one or more administrative assistants to assist
him in the direction of the operations of the various city
departments and agencies;
(d) to be solely responsible for the preparation of the annual budget in compliance with the procedures set forth in
of chapter 6, part 42;
(e) to appoint a budget and finance director whose functions
shall include the preparation of the annual municipal budget
under the direction of the mayor.
(2) If any ordinance duly adopted in accordance with this section is in conflict with 7-4-4114, 7-4-4303,
7-4-4305, 7-5-4102(1), 7-5-4122, 7-5-4205, and 7-5-4206, the provisions of this section shall prevail."
Section 9. Section 7-4-4303, MCA, is amended to read:
"7-4-4303. Powers of mayor related to municipal officers, personnel, and citizens. The mayor has power to:
(1) nominate and, with the consent of the council, appoint all nonelective officers of the city or town provided for by the council, except as provided in this title;
(2) suspend and, with the consent of the council, remove any nonelective officer, stating in the suspension or removal the
thereof for the removal;
(3) supervise the discharge of official duty by all subordinate officers;
(4) require of any of the officers of a city or town an exhibit of
such the officer's books and papers; (5) call on every citizen of the city or town over the age of 18 years to aid in the enforcement of the laws and ordinances in
case of riot; (6)(5) request that the governor call out the militia to aid the mayor in suppressing riots or other disorderly conduct,
preventing and extinguishing fires, securing the peace and safety of the city or town, or carrying into effect any law or
ordinance." Section 11. Section 50-60-101, MCA, is amended to read: "50-60-101. Definitions. As used in parts 1 through 4 and part 7 of this chapter, unless the context requires otherwise, the
following definitions apply: (1) (a) "Building" means a combination of any materials, whether mobile, portable, or fixed, to form a structure and the
related facilities for the use or occupancy by persons or property. (b) The word "building" shall term must be construed as though followed by the words "or part or parts thereof" of the
building". (2) "Building regulations" means any law, rule, resolution, regulation, ordinance, or code, general or special, or
compilation thereof enacted or adopted by the state or any municipality, including departments, boards, bureaus,
commissions, or other agencies of the state or a municipality relating to the design, construction, reconstruction, alteration,
conversion, repair, inspection, or use of buildings and installation of equipment in buildings. The term does not include
zoning ordinances. (3) "Construction" means the original construction and equipment of buildings and requirements or standards relating to or
affecting materials used, including provisions for safety and sanitary conditions. (4) "Department" means the department of commerce provided for in Title 2, chapter 15, part 18. (5) "Equipment" means plumbing, heating, electrical, ventilating, air conditioning, and refrigerating equipment, elevators,
dumbwaiters, escalators, and other mechanical additions or installations. (6) (a) "Factory-built building" means a factory-assembled structure or structures equipped with the necessary service
connections but not made so as to be readily movable as a unit or units and designed to be used with a permanent
foundation. (b) "Factory-built building" The term does not include manufactured housing constructed after June 15, 1976, under the
HUD, National Mobile Home Construction and Safety Standards Act of 1974. (7) "Local building department" means the agency or agencies of any municipality charged with the administration,
supervision, or enforcement of building regulations, approval of plans, inspection of buildings, or the issuance of permits,
licenses, certificates, and similar documents prescribed or required by state or local building regulations. (8) "Local legislative body" means the council or commission charged with governing the municipality. (9) "Municipality" means any incorporated city or town and its jurisdictional area as defined by subsection (10) of this
section. (10) (a) "Municipal jurisdictional area" means the area within the limits of an incorporated municipality unless the area is
extended at the written request of a municipality. (b) Upon request, the department may approve extension of the jurisdictional area to include: (i) all or part of the area within 4 1/2 miles of the corporate limits of a municipality; (ii) all of any platted subdivision which is partially within 4 1/2 miles of the corporate limits of a municipality; and (iii) all of any zoning district adopted pursuant to Title 76, chapter 2, part 1 or 2, which is partially within 4 1/2 miles of the
corporate limits of a municipality. (c) Distances shall be measured in a straight line in a horizontal plane. (11) "Owner" means the owner or owners of the premises or lesser estate, a mortgagee or vendee in possession, assignee of
rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a building. (12) "Recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational,
camping, or travel use, which either has its own mode of power or is mounted on or towed by another vehicle, including
but not limited to a: (a) travel trailer; (b) camping trailer; (c) truck camper; or (d) motor home. (13) "State agency" means any state officer, department, board, bureau, commission, or other agency of this state. (14) "State building code" means the state building code provided for in 50-60-203 or any portion of the code of limited
application and any of its modifications or amendments."
SECTION 10. SECTION 7-4-4306, MCA, IS AMENDED TO READ:
"7-4-4306. Extraterritorial powers. The mayor has power to exercise
such the power as may be vested in the mayor by
ordinance of the city or town, in and over all places within 5 miles of the boundaries of the city or town for the purpose of
enforcing the health and quarantine ordinances and regulations thereof of the city or town. The board of county
commissioners of the county affected by the ordinance and the local health board, if a local health board exists in the area
affected by the ordinance, shall approve the ordinance by a majority vote."
NEW SECTION. Section 11. Repealer. Sections 7-2-4321, 7-2-4322, 7-2-4323, 7-2-4324, AND 7-4-4304,
MCA, are repealed.