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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.
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
said work the maintenance and of paying for the same 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,
and 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
authorized and empowered to 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 said 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
said the proposed ordinance is introduced and the day on
which final action thereon 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
his the city clerk's office and subject to inspection for a period of 5 days, shall must be published at least
once in a newspaper published in the city or town.
(2) The notice
shall 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 shall must be not less than 5 days
after the publication of the notice."
- END -
Latest Version of HB 336 (HB0336.ENR)
Processed for the Web on March 31, 1999 (1:55PM)
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