RESOLUTION 2004-20
AMENDMENT OF
THE PARK DISTRICT STATUTE TO REMOVE THE OPT OUT PROVISION FOR PARKS
DISTRICTS.
It is the intent of the Montana Association of Counties
to support legislation that amends the language in State statute regarding
the ability of individual homeowners to opt out of a Park District.
WHEREAS, the current law allows land to be
withdrawn from a parks district at anytime following the creation of a district
by a simple majority of the voters of the territory wishing to be withdrawn;
and
WHEREAS, the withdrawal of territories from a
parks district makes it difficult to operate the parks district due to ever
changing district boundaries; and
WHEREAS, property withdrawn from the parks
district does not need to be contiguous leaving potential islands or holes in
the district boundary making it difficult to administer for the county clerk
and recorder, elections officer, treasurer and the Department of Revenue; and
WHEREAS, the petition of removal from a park
district is an additional cost to the County and the Elections
Administrator.
7-16-2441.
Alteration of district boundaries. (1) The boundaries of a county park district
may be enlarged by the annexation of contiguous territory in the county or it
may be reduced in size by the withdrawal of territory from the district after
an election on the question approved by simple majorities of the electorate
involved.
(2) The
alteration of the district boundary may be initiated in the same manner as the
creation of the district, except the applicable resolutions, hearings, and
procedures must be adopted and conducted by the county park district commission
and not by the county governing body. If the alteration is proposed by
petition, the petition must be signed by 15% of the electorate in the territory
to be annexed or withdrawn from the district and certified as sufficient by the
county clerk.
(3) (a) In
the case of annexation, the vote on the question requires the separate
majorities of the electorate of the territory to be annexed and the electorate
of the then constituted district.
(b) In the
case of withdrawal of territory, only the electorate of the territory to be
withdrawn may vote on the question.
(4) A change in
the boundaries of a district is effective on January 1 of the year following
the election authorizing the change in boundaries.
SPONSOR:
Gallatin County
RECOMMENDATION: Do Pass
PRIORITY: Low
REFERRED
TO: Land Use Planning and Development
Committee
ADOPTED: