7-12-1112. Resolution of intention to create or expand district — notice. (1) Before creating or expanding a district, the governing body shall pass a resolution of intention to do so, designating the boundaries of the district.

Terms Used In Montana Code 7-12-1112

  • District: means a business improvement district created under this part. See Montana Code 7-12-1103
  • Governing body: means the legislative body of a local government. See Montana Code 7-12-1103
  • Owner: means a person in whom appears the legal title to real property by deed recorded in the county records or a person in possession of real property under claim of ownership for the person or as the personal representative, agent, or guardian of the owner. See Montana Code 7-12-1103
  • 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)Notice of passage of the resolution must be published as provided in 7-1-2121. A copy of the notice must be mailed to every owner of real property within the proposed district or within the proposed area of expansion listed on the last-completed assessment roll for state, county, and school district taxes, at the owner’s last-known address, on the same day the notice is first published or posted.

(3)The notice must describe the general purpose of the district or the general reason for the expansion and designate the time when and the place where the governing body will hear and pass upon all protests that may be made against the creation of the district or the expansion of the existing district. The notice must refer to the resolution on file with the governing body or clerk, if any, for the description of the boundaries.

(4)The resolution to expand a district deals only with the question of the expanded area, and the existing district does not have to be reestablished.