Terms Used In Montana Code > Title 7 > Chapter 12
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agency: means any board, bureau, commission, department, authority, or officer of the state or local government authorized by law to make rules, determine contested cases, or enter into contracts except:
(a) the legislature and any branch, committee, or officer thereof;
(b) the judicial branches and any committee or officer thereof;
(c) the governor, except that an agency is not exempt because the governor has been designated as a member thereof; or
(d) the state military establishment and agencies concerned with civil defense and recovery from hostile attack. See Montana Code 2-3-102
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appointing authority: means the mayor in the case of a municipality, the board of county commissioners in the case of a county, or the chief executive of a consolidated city-county government. See Montana Code 7-12-1103
- Bequest: Property gifted by will.
- blocks: means blocks, whether regular or irregular, that are bounded by main streets or partially by a boundary line of the city. See Montana Code 7-12-2101
- Board: means the board of trustees created in 7-12-1121. See Montana Code 7-12-1103
- board of county commissioners: includes any body or board that under the law is the legislative department of the government of the county. See Montana Code 7-12-2101
- Business: means all types of business, including professions. See Montana Code 7-12-1103
- Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
- county clerk: as used in this part , include any person or officer who is clerk of the board of county commissioners. See Montana Code 7-12-2101
- county treasurer: as used in this part , means and includes any person who, under whatever name or title, is the custodian of the funds of the county. See Montana Code 7-12-2101
- Deed: The legal instrument used to transfer title in real property from one person to another.
- District: means a business improvement district created under this part. See Montana Code 7-12-1103
- engineer: as used in this part , means the person, firm, or corporation designated by the board of county commissioners as the engineer for the improvement. See Montana Code 7-12-2101
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
- Governing body: means the legislative body of a local government. See Montana Code 7-12-1103
- improvements: as used in this part , include all work or the securing of property, by purchase or otherwise, mentioned in this part and also the construction, reconstruction, maintenance, and repair of any portion of the work. See Montana Code 7-12-2101
- incidental expenses: as used in this part , includes:
(a) the compensation of the engineer for work done;
(b) the cost of printing and advertising, as provided in this part;
(c) interest on warrants of the county issued to pay costs of improvements, as provided in this part;
(d) costs of issuance of the bonds or warrants of the special improvement district, including costs of printing the bonds, bond registration fees, attorney fees and financial consultants' fees, a premium for bond insurance, any price paid by the original purchaser of the bonds that is less than the face amount of the bonds, and interest to accrue on bonds or warrants of the special improvement district before assessments levied by the district are collected in amounts and at times sufficient to pay the interest; and
(e) a reasonable administrative fee payable to the county for the creation and administration of the district by the county, its officers, and its employees. See Montana Code 7-12-2101
- Joint resolution: A legislative measure which requires the approval of both chambers.
- Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
- Local government: means a municipality, a county, or a consolidated city-county government. See Montana Code 7-12-1103
- main street: means an actually opened street or streets as bound a block. See Montana Code 7-12-2101
- Maintenance: as used in this part includes but is not limited to sprinkling, graveling, oiling, chip sealing, seal coating, overlaying, treating, general cleaning, sweeping, flushing, snow removal, leaf and debris removal, the operation, maintenance, and repair of traffic signal systems, the repair of traffic signs, the placement and maintenance of pavement markings, curb and gutter repair, and minor sidewalk repair that includes cracking, chipping, sinking, and replacement of not more than 6 feet of sidewalk in any 100-foot portion of sidewalk. See Montana Code 7-12-4401
- meeting: means the convening of a quorum of the constituent membership of a public agency or association described in 2-3-203, whether corporal or by means of electronic equipment, to hear, discuss, or act upon a matter over which the agency has supervision, control, jurisdiction, or advisory power. See Montana Code 2-3-202
- National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- 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
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- street: as used in this part , includes avenues, highways, lanes, alleys, crossings or intersections, courts, and places that have been dedicated and accepted according to the law or in common and undisputed use by the public for a period of not less than 5 years. See Montana Code 7-12-2101
- Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.