RESOLUTION 2004-19
AN AMENDMENT TO THE OPEN SPACE LAND AND VOLUNTARY
CONSERVATION EASEMENT ACT TO INCLUDE A SPECIFIC FEE PER HOUSEHOLD FOR THE
PURPOSE OF CONSERVATION PROJECTS.
It is the intent of the Montana Association of Counties to support
legislation that amends the Open Space Act regarding the ability of the
voters of a local government to allow an individual fee per household to
fund voluntary private land conservation, purchase lands for recreation, or
other conservation initiatives allowed under the act.
WHEREAS, funding initiatives for county governments related
to open space, parks and recreation are restricted to a general levy or a bond;
and
WHEREAS, the voters of a county may find it easier to
establish an annual set fee per household to fund open space, parks and
recreation; and
WHEREAS, a fee per household taxes all homeowners equally
and does not impact the local business, industry, farms and ranches or
timberlands; and
76-6-109. Powers of
public bodies -- county real property acquisition procedure maintained. (1) A
public body has the power to carry out the purposes and provisions of this
chapter, including the following powers in addition to others granted by this
chapter:
(a) to borrow funds and
make expenditures necessary to carry out the purposes of this chapter;
(b) to advance or accept
advances of public funds;
(c) to apply for and
accept and use grants and any other assistance from the federal government and
any other public or private sources, to give security as may be required, to
enter into and carry out contracts or agreements in connection with the
assistance, and to include in any contract for assistance from the federal
government conditions imposed pursuant to federal laws as the public body may
consider reasonable and appropriate and that are not inconsistent with the
purposes of this chapter;
(d) to make and execute
contracts and other instruments necessary or convenient to the exercise of its
powers under this chapter;
(e) in connection with
the real property acquired or designated for the purposes of this chapter, to
provide or to arrange or contract for the provision, construction, maintenance,
operation, or repair by any person or agency, public or private, of services,
privileges, works, streets, roads, public utilities, or other facilities or
structures that may be necessary to the provision, preservation, maintenance,
and management of the property as open-space land;
(f) to insure or provide
for the insurance of any real or personal property or operations of the public
body against any risks or hazards, including the power to pay premiums on the
insurance;
(g) to demolish or
dispose of any structures or facilities that may be detrimental to or
inconsistent with the use of real property as open-space land; and
(h) to exercise any of
its functions and powers under this chapter jointly or cooperatively with
public bodies of one or more states, if they are authorized by state law, and
with one or more public bodies of this state and to enter into agreements for
joint or cooperative action.
(2) For the purposes of
this chapter, the state, a city, town, or other municipality, or a county may:
(a) appropriate funds;
(b) subject to
15-10-420, levy taxes and assessments according to existing codes and statutes;
(c) assess an
individual fee per household;
(d)(c) issue and sell
its general obligation bonds in the manner and within the limitations
prescribed by the applicable laws of the state, subject to subsection (3); and
(e) exercise its powers under this chapter
through a board or commission or through the office or officers that its
governing body by resolution determines or as the governor determines in the
case of the state.
(3) Property taxes
levied to pay the principal and interest on general obligation bonds issued by
a city, town, other municipality, or county pursuant to this chapter may not be
levied against the following property:
(a) agricultural land
eligible for valuation, assessment, and taxation as agricultural land under
15-7-20215-7-202;
(b) forest land as
defined in 15-44-10215-44-102;
(c) all agricultural
improvements on agricultural land referred to in subsection (3)(a);
(d) all noncommercial
improvements on forest land referred to in subsection (3)(b); and
(e) agricultural
implements and equipment described in 15-6-13815-6-138(1)(a).
(4) This chapter does
not supersede the provisions of 7-8-22027-8-2202.
SPONSOR: Gallatin
County
RECOMMENDATION: Do Pass
PRIORITY: Low
REFERRED TO: Land Use
Planning and Development Committee
ADOPTED: