Montana Code 7-13-2334. Plan to consolidate with municipality
7-13-2334. Plan to consolidate with municipality. (1) If more than 60% of a district’s customers reside within the city limits of a municipality and the district purchases its water from the municipality, the district may initiate a consolidation plan with the municipality.
Terms Used In Montana Code 7-13-2334
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Property: means real and personal property. See Montana Code 1-1-205
- 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)The consolidation plan must:
(a)provide for adjustment of existing bonded indebtedness and other obligations in a manner that will provide for a fair and equitable distribution of the burden of debt service;
(b)provide for the establishment of the service areas;
(c)outline the transfer or other disposition of property and other rights, claims, or assets of consolidation under this section;
(d)provide for the transfer, reorganization, dissolution, absorption, or other adjustment of boundaries as necessary;
(e)consider separately the disposition of the district territory within the city limits and the district territory outside of the city limits; and
(f)include any other provisions that are consistent with state law.
(3)The consolidation plan may grant the municipality the authority to transfer all rights-of-way or other entities without requiring the municipality to hold a referendum.
(4)If the district territory outside of the city limits is not consolidated into the municipal facilities under this section, the district shall:
(a)continue to operate services for the territory outside of the city limits; or
(b)request the board of county commissioners to assume the district’s provision of services and financial obligations for the territory outside of the city limits.