Montana Code 90-4-1304. Program authorized — contracts
90-4-1304. Program authorized — contracts. (1) In accordance with 90-4-1305 and 90-4-1306, a governing body may establish a commercial property-assessed capital enhancements program and may create a district or districts under the program.
Terms Used In Montana Code 90-4-1304
- Contract: A legal written agreement that becomes binding when signed.
- District: means a district that is established under this part by a local government and that lies within the local government's jurisdictional boundaries. See Montana Code 90-4-1302
- Energy conservation project: means the installation or modification of an energy conservation measure or the acquisition, installation, or improvement of a renewable energy system. See Montana Code 90-4-1302
- Governing body: means the legislative authority of a local government. See Montana Code 90-4-1302
- program: means a program established in accordance with this part. See Montana Code 90-4-1302
- Property: means real and personal property. See Montana Code 1-1-205
- Real property: means a privately owned commercial or industrial facility, covered multifamily housing accommodation as defined in 49-2-305(6), or agricultural property. See Montana Code 90-4-1302
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Record owner: means the person or persons possessing the most recent fee title as shown by the records of the county clerk and recorder. See Montana Code 90-4-1302
(2)(a) The governing body may enter into a contract with a record owner of real property within a district to finance one or more energy conservation projects on the real property included in a district in accordance with this part.
(b)The contract may provide for the repayment of the cost of an energy conservation project through an assessment in accordance with 90-4-1307 on real property. The financing to be repaid through assessments must be provided by a third party.
(c)Financing may include the cost of materials and labor necessary for the installation or modification of energy conservation projects, permit fees, inspection fees, application and administrative fees, bank fees, and all other fees incurred by the record owner for the energy conservation project on a specific or pro rata basis, as determined by the governing body.