69-4-311. Authorization to create special improvement districts. (1) The governing body of a county is authorized and empowered to create special improvement districts under Title 7, chapter 12, part 21, and this part, within the unincorporated portion of the county. The governing body of a city or town is authorized and empowered to create special improvement districts under Title 7, chapter 12, parts 41 and 42, and this part, within its territorial limits. The special improvement districts must provide for the conversion of existing overhead electrical and communication facilities to underground locations and the construction, reconstruction, or relocation of any other electric or communication facilities that may be incidental to the conversion.

Terms Used In Montana Code 69-4-311

  • conversion: means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. See Montana Code 69-4-303
  • Electric or communication facilities: means any works or improvements used or useful in providing electric or communication service, including but not limited to poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. See Montana Code 69-4-303
  • Governing body: means the board of county commissioners or city council, as may be appropriate, depending on whether the special improvement district is located in a county or within a city or town. See Montana Code 69-4-303
  • Overhead electric or communication facilities: means electric or communication facilities located, in whole or in part, above the surface of the ground. See Montana Code 69-4-303

(2)A special improvement district must include an area having a frontage of not less than 1,000 feet upon a public street, road, highway, or utilities easement along which overhead electric or communication facilities are located.