Montana Code 7-5-4321. Grant of exclusive franchise — election required
7-5-4321. Grant of exclusive franchise — election required. (1) The council may not grant an exclusive franchise or special privilege to any person except in the manner specified in subsection (2). The powers of the council are only those expressly prescribed by law and those necessarily incident to the law.
Terms Used In Montana Code 7-5-4321
- 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.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(2)An exclusive franchise for any purpose, except contracts for solid waste management systems as defined in 75-10-103, which may not exceed 10 years, may not be granted by any city or town or by the mayor or city council to any person, association, or corporation without first submitting the application for an exclusive franchise to the electors of the city at an election.
(3)The election must be conducted in accordance with 7-5-4322 and Title 13, chapter 1, part 4.
(4)If the majority of the votes cast at the election are “For granting franchise”, the mayor and city council shall grant the franchise by the passage and approval of a proper ordinance.