Montana Code Annotated 2019

TITLE 7. LOCAL GOVERNMENT

CHAPTER 12. IMPROVEMENT DISTRICTS

Part 21. Rural Improvement Districts

Definitions

7-12-2101. Definitions. (1) The word "blocks" means blocks, whether regular or irregular, that are bounded by main streets or partially by a boundary line of the city.

(2) The term "board of county commissioners" includes any body or board that under the law is the legislative department of the government of the county.

(3) The word "city" and the word "municipality", as used in this part, include all corporations organized for municipal purposes.

(4) The terms "clerk" and "county clerk", as used in this part, include any person or officer who is clerk of the board of county commissioners.

(5) The term "county treasurer", as used in this part, means and includes any person who, under whatever name or title, is the custodian of the funds of the county.

(6) The term "engineer", as used in this part, means the person, firm, or corporation designated by the board of county commissioners as the engineer for the improvement.

(7) The term "incidental expenses", as used in this part, includes:

(a) the compensation of the engineer for work done;

(b) the cost of printing and advertising, as provided in this part;

(c) interest on warrants of the county issued to pay costs of improvements, as provided in this part;

(d) costs of issuance of the bonds or warrants of the special improvement district, including costs of printing the bonds, bond registration fees, attorney fees and financial consultants' fees, a premium for bond insurance, any price paid by the original purchaser of the bonds that is less than the face amount of the bonds, and interest to accrue on bonds or warrants of the special improvement district before assessments levied by the district are collected in amounts and at times sufficient to pay the interest; and

(e) a reasonable administrative fee payable to the county for the creation and administration of the district by the county, its officers, and its employees.

(8) The term "main street" means an actually opened street or streets as bound a block.

(9) The words "paved" or "repaved", as used in this part, mean and include pavement of stone, whether paving blocks or macadam; of bituminous rock or asphalt; or of wood, brick, or other material, whether patented or not, that the board of county commissioners by rule or resolution shall adopt.

(10) The term "quarter block", as used in this part in reference to irregular blocks, includes all lots or portions of lots having frontage on either intersecting street halfway from the intersection to the next main street or, when a main street does not intervene, all the way to the boundary line of the city.

(11) The word "street", as used in this part, includes avenues, highways, lanes, alleys, crossings or intersections, courts, and places that have been dedicated and accepted according to the law or in common and undisputed use by the public for a period of not less than 5 years.

(12) The term "street intersection", as used in this part, means that parcel of land at the point of juncture or crossing of intersecting streets that lies between lines drawn from corner to corner of all lot lines immediately cornering at the juncture.

(13) The words "work", "improved", and "improvements", as used in this part, include all work or the securing of property, by purchase or otherwise, mentioned in this part and also the construction, reconstruction, maintenance, and repair of any portion of the work.

History: En. Ch. 123, L. 1915; superseded by Ch. 156, L. 1917; amd. Ch. 67, L. 1919; superseded by Sec. 26, Ch. 147, L. 1921; re-en. Sec. 4599, R.C.M. 1921; re-en. Sec. 4599, R.C.M. 1935; amd. Sec. 4, Ch. 134, L. 1961; R.C.M. 1947, 16-1626(part); amd. Sec. 1, Ch. 665, L. 1985; amd. Sec. 530, Ch. 61, L. 2007.