It is the intent of the Montana Association of Counties
to seek amendment of M.C.A. 7-12-2103 to make publication of intent to
create a new Rural Improvement District unnecessary if 100% of included
property owners agree by petition.
WHEREAS, Montana stature 7-12-2103 requires the board of county commissioners to pass a resolution of intent to create a Rural Improvement District before creating any special improvement district and 7-12-2105 M.C.A. requires a notice of resolution of intent to create a Rural Improvement District by published pursuant to 7-12-2121 prior to holding a hearing to create the district; and
WHEREAS, the purpose of the public hearing is to hear protest from any owner of property to be included within such Rural Improvement District; and
WHEREAS, when a petition to create a Rural Improvement District contains the consent of one hundred percent (100%) of all owners of property to be included within the district, there is no need to hear protects or hold a public hearing and further, the publication of notice to create the district unduly delays the creation of the district.
NOW, THEREFORE, BE IT RESOLVED, that the Montana Association of Counties along with the Montana Association of Clerk and Recorders and Election Administrators propose amending the language of Section 7-12-2102 M.C.A. to read as follows:
7-12-2102. Authorization to create rural improvement districts. (1) Whenever the public interest or convenience may require, the board of county commissioners is hereby authorized and empowered to order and create special improvement districts outside of the limits of incorporated towns and cities for the purpose of building, constructing, or acquiring by purchase one or more of the improvements of the kind described in 7-12-4102, in or for the benefit of the special improvement district.
(2) The
board of county commissioners may order and create special improvement
districts upon the receipt of a petition to create a special improvement
district containing the consent of one hundred percent (100%) of all owners of
property to be included within the district for purposes of making any
improvements or acquiring private property for any purpose authorized by this
part, the board of county commissioners shall pass a resolution creating the
special improvement district.
(2) (3) The board of
county commissioners may order and create special improvement districts
SPONSOR: Districts 4 and 5
RECOMMENDATION: Do Pass
PRIORITY: High
REFERRED TO: MACo Land Use Planning and Development Committee
Clerk and Recorders’ Association
ADOPTED:
Rural SIDs -- Developer's RSID -- Thickly Populated: Section 7-12-2102 allows the Board of County Commissioners to create RSIDs to fund improvements on underdeveloped and unoccupied parcels of land, provided the proposed district lies within an area which is "thickly populated". The Commissioners should exercise great care in assuring that the public interest requires creation of a "developer RSID" since the county taxpayers are exposed to potential financial liability should the developer's business judgment prove faulty. 38 A.G. Op. 23 (1979).
7-12-2102. Authorization to create rural improvement districts. (1) Whenever the public interest or convenience may require, the board of county commissioners is hereby authorized and empowered to order and create special improvement districts outside of the limits of incorporated towns and cities for the purpose of building, constructing, or acquiring by purchase one or more of the improvements of the kind described in 7-12-4102, in or for the benefit of the special improvement district.
(2) The
board of county commissioners may order and create special improvement
districts upon the receipt of a petition to create a special improvement
district containing the consent of one hundred percent (100%) of all owners of
property to be included within the district for purposes of making any
improvements or acquiring private property for any purpose authorized by this
part, the board of county commissioners shall pass a resolution creating the
special improvement district.
(2) (3) The board of
county commissioners may order and create special improvement districts
covering projects abutting the city limits and include properties inside the
city where the rural improvement district abuts and benefits that property.
Property owners within the proposed district boundaries inside the city may not
be included in the rural special improvement district if 40% of those property
owners protest the creation of the rural special improvement district. The
property inside the city must be treated in a similar manner as to
improvements, notices, and assessments as the property outside the city limits.
A joint resolution of the city and county must be passed agreeing to the terms
of the rural special improvement district prior to passing the resolution of
intention or resolution creating the rural special improvement district. A copy
of the resolution of intention and the resolution creating the rural special
improvement district must be provided to the city clerk upon the passage of the
respective resolutions.
Compiler's Comments:
1985
Amendment: In (1), after
"require" deleted "and upon the petition of 60% of the
freeholders affected thereby", before "outside" deleted "in
thickly populated localities", and after "purchase" substituted
"one or more of the improvements of the kind described in 7-12-4102, in or
for the benefit of the special improvement district" for "devices
intended to protect the safety of the public from open ditches carrying
irrigation or other water and maintaining sanitary and storm sewers, light
systems, waterworks plants, water systems, sidewalks, and such other special
improvements as may be petitioned for"; in (2), in first sentence, after
"may", deleted "upon compliance with subsection (1)" and in
second sentence substituted "may not be included in the rural special
improvement district if 40% of those property owners protest the creation"
for "may be included in the rural special improvement district only if 60%
of those property owners approve".