Montana Code 7-11-1021. Governance — powers and duties
7-11-1021. Governance — powers and duties. (1) A special district must be administered and operated either by the governing body or by a separate elected or appointed board as determined by the governing body.
Terms Used In Montana Code 7-11-1021
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Devise: To gift property by will.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing body: means the legislative authority of a local government. See Montana Code 7-11-1002
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Local government: means a city, town, county, or consolidated city-county government or any combination of these acting jointly. See Montana Code 7-11-1002
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Special district: means a unit of local government that is authorized by law to perform a single function or a limited number of functions. See Montana Code 7-11-1002
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)(a) If the special district is governed by a separate board, the board must be established in accordance with Title 7, chapter 1, part 2, except as provided in 7-11-1010, and specific powers and duties granted to the board and those specifically withheld must be stated.
(b)A vacancy created pursuant to 2-16-501 occurring during a term must be filled for the unexpired term by the governing body. The member appointed to fill the vacancy holds the office until a successor has been appointed and qualified.
(c)The governing body may grant additional powers to the board. This includes the authorization to use privately contracted legal counsel or the attorney of the governing body. If privately contracted counsel is used, notice must be provided to the attorney of the governing body.
(d)The governing body has ultimate authority under this subsection (2).
(3)The entity chosen to administer the special district, as provided in subsection (1), may:
(a)implement a program and order improvements for the special district designed to fulfill the purposes of the special district;
(b)employ personnel directly related to the specific improvement or program;
(c)purchase, rent, or lease equipment, personal property, and material necessary to develop and implement an effective program;
(d)cooperate or contract with any corporation, association, individual, or group of individuals, including any agency of federal, state, or local government, in order to develop and implement an effective program;
(e)receive gifts, grants, or donations for the purpose of advancing the program and, by gift, deed, devise, or purchase, acquire land, facilities, buildings, and material necessary to implement the purposes of the special district;
(f)construct, improve, and maintain new or existing facilities and buildings necessary to accomplish the purposes of the special district;
(g)provide grants to private, nonprofit entities as part of implementing an effective program;
(h)adopt a seal and alter it at the entity’s pleasure;
(i)administer local ordinances as appropriate;
(j)establish district capital improvement funds pursuant to 7-6-616, maintenance funds, and debt service funds; and
(k)borrow money by the issuance of:
(i)general obligation bonds as authorized by the governing body pursuant to Title 7, chapter 6, part 40, and the appropriate provisions of Title 7, chapter 7, part 22 or 42; or
(ii)revenue bonds for the lease, purchase, and maintenance of land, facilities, and buildings and the funding of projects in the manner and subject to the appropriate provisions of Title 7, chapter 7, part 25 or 44.
(4)If the special district is administered by a separate board, the board shall submit annual budget and work plans to the governing body for review and approval.
(5)The right to exercise eminent domain pursuant to 70-30-102 is limited to cemetery districts.