^-?f '. "f STATE JOCUMENTS
ELECTION LAWS
OF THE
STATE OF MONTANA
1968
Arranged and Compiled from the Revised
Codes of Montana of 1947,
as Amended
Compiled by
Frank Murray, Secretary of State
Helena, Montana
January, 1968
Montana State Ubrary
3 0864 1004 2461 6
ELECTION LAWS
OF THE
STATE OF MONTANA
1968
Arranged and Compiled from the Revised
Codes of Montana of 1947,
as Amended
Compiled by
Frank Murray, Secretary of State
Helena, Montana
January, 1968
Copyright © 1967
The Allen Smith Company
Indianapolis, Indiana
Publishers of the REVISED CODES OF MONTANA, 1947
TABLE OF CONTENTS
CONSTITUTION PAGE
Article III. A Declaration of Eights of the People of the State of Mon- tana 1
V. Legislative Department 1
VI. Apportionment and Representation 4
VII. Executive Department 5
VIII. Judicial Departments 6
IX. Rights of Suffrage and Qualifications to Hold Office 8
X. State Institutions and Public Buildings 10
XI. Education 10
XII. Revenue and Taxation 10
XIII. Public Indebtedness 11
XVI. Counties — Municipal Corporations and Of&ces 12
XIX. Miscellaneous Subjects and Future Amendments 15
TITLE 1. AERONAUTICS
Chapter 8. Establishment of Airports by Counties and Cities — Municipal
Airports Act 16
TITLE 4. ALCOHOLIC BEVERAGES
Chapter 1. State Liquor Control Act of Montana 17
3. Montana Beer Act 18
4. Montana Retail Liquor License Act 20
TITLE 9. CEMETERIES
Chapter 2. Public Cemetery District Act 22
TITLE 11. CITIES AND TOWNS
Chapter 2. Classification and Organization of Cities and Towns 27
3. Changes in Classification of Cities and Towns 29
4. Additions of Platted Tracts to Cities and Towns 29
5. Alteration of Boundaries, Exclusion and Inclusion of Terri-
tory 30
7. Officers and Elections 33
9. Powers of City and Town Councils 38
10. Powers of City and Town Councils (continued) 40
11. Ordinances — Initiative and Referendum 43
12. Contracts and Franchises 48
17. Municipal Courts 50
20. Fire Protection in Unincorporated Towns — Fire Wardens, Com- panies and Districts 50
22. Special Improvement Districts 52
23. Municipal Bonds and Indebtedness 57
24. Municipal Revenue Bond Act of 1939 61
25. Abatement of Smoke Nuisance 62
31. Commission Form of Government 64
32. Commission-Manager Form of Government 79
33. Commission-Manager Form of Government (continued) 97
34. City and County Consolidated Government 98
35. City and County Consolidated Government (continued) 105
36. Metropolitan Sanitary Districts, Repealed — Section 14, Chapter
185, Laws of 1957 112
37. Off-street Parking Facilities 112
39. Urban Renewal Law 113
TABLE OF CONTENTS
TITLE 16. COUNTIES PAGE Chapter 3. Removal of County Seats 115
4. Location of County Seats 118
5. Creation of New Counties by Petition and Election 123
8. General Powers and Limitations upon Counties 134
10. General Powers and Duties of County Commissioners 135
11. Special Powers and Duties of County Commissioners 135
12. County Printing Commission 135
19. County Budget System 136
20. County Finance — Bonds and "Warrants 139
23. Vote Necessary on Proposal to Raise Money 142
24. County Officers — Qualifications — General Provisions 144
39. County Manager Form of Government 146
40. Abandonment of Counties 148
43. Public Hospital Districts 154
45. County Water and Sewer Districts 156
TITLE 19. DEFINITIONS AND GENERAL PROVISIONS
Chapter 1. Definitions and Construction of Terms — Holidays — Other General
Provisions 167
TITLE 23. ELECTIONS
Chapter 1. Time of Holding Elections — Proclamations 169
2. Publication of Questions Submitted to Popular Vote 172
3. Qualifications and Privileges of Electors 173
4. Election Precincts 177
5. Registration of Electors 180
6. Judges and Clerks of Elections 199
7. Election Supplies 204
8. Nomination of Candidates for Special Elections by Convention
or Primary Meetings or by Electors 208
9. Party Nominations by Direct Vote — The Direct Primary 219
10. Political Parties 241
11. Ballots, Preparation and Form 243
12. Conducting Elections — The Polls — Voting and Ballots 250
13. Voting by Absent Electors 260
14. Voting by Absent Electors in United States Service 272
15. Registration of Electors Absent from County of Their Resi-
dence 276
16. Voting Machines — Conduct of Election When Used 277
17. Election Returns 290
18. Canvass of Election Returns — Results and Certificates 295
19. Failure of Elections — Proceedings on Tie Vote 300
20. Nonpartisan Nomination and Election of Judges of Supreme
Court and District Courts . 302
21. Presidential Electors, How Chosen — Duties 307
22. Members of Congress — Elections and Vacancies 309
23. Recount of Ballots — Results 311
24. Conventions to Ratify Proposed Amendments to Constitution
of the United States 321
25. Electronic Voting Systems 324
TITLE 32. HIGHWAYS, BRIDGES AND FERRIES
Chapter 29. Board of County Commissioners Responsibility for Bridges and
Ferries 329
36. County Tax Levies for Road and Bridge Construction 329
TITLE 37. INITIATIVE AND REFERENDUM
Chapter 1. Initiative and Referendum 330
TITLE 43. LEGISLATURE AND ENACTMENT OF LAWS
Chapter 1. Senatorial, Representative and Congressional Districts 337
2. The Legislative Assembly 339
TITLE 44. LIBRARIES
Chapter 2. County and Regional Free Libraries 341
TABLE OF CONTENTS
TITLE 62. PARKS AND PUBLIC RECREATION PAGE Chapter 2. City, Town and School District Civic Centers, Parks and Recre- ational Facilities 341
TITLE 75. SCHOOLS
Chapter 13. The Public Schools — Superintendent of Public Instruction 342
15. County Superintendent of Schools 343
16. School Trustees 344
17. Budget System 350
18. School Districts 352
31. Schoolhouse Sites and Construction 357
34. Transportation of Pupils 358
37. Finance 358
38. Extra Taxation for School Purposes 359
39. Bonds 362
41. High Schools — County — Junior and District — Joint School Sys-
tems 369
42. High Schools — County — Junior and District — Joint School Sys-
tems Continued — Vocational Education 377
44. Community College Districts 380
45. High School Budget Act 388
46. High School Districts— Public Works 389
TITLE 82. STATE OFFICERS, BOARDS AND DEPARTMENTS
Chapter 5. Clerk of Supreme Court 395
TITLE 84. TAXATION
Chapter 47. Cities and Towns — Taxation and License 395
TITLE 89. WATERS AND IRRIGATION
Chapter 13. Irrigation Districts — Board of Commissioners, Powers, Duties
and Elections 397
23. Drainage Districts — Commissioners — Election — Organization — Re- ports 403
33. County and Municipal Participation in Flood Control and Water
Conservation 405
TITLE 93. CIVIL PROCEDURE
Chapter 2. Supreme Court 405
3. District Courts 407
4. Justices' and Police Courts 409
TITLE 94. CRIMES AND CRIMINAL PROCEDURE
Chapter 14. Election Frauds and Offenses — Corrupt Practices Act 409
INDEX 439
CONSTITUTION
ARTICLE III
A DECLARATION OF RIGHTS OF THE PEOPLE OF THE STATE OF MONTANA
Section 2. The people of the state have the sole and exclusive right of governing themselves, as a free, sovereign, and independent state, and to alter and abolish their constitution and form of government, whenever they may deem it necessary to their safety and happiness, provided such change be not repugnant to the constitution of the United States.
Section 5. All elections shall be free and open, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.
ARTICLE V
LEGISLATIVE DEPARTMENT
Section 1. The legislative authority of the state shall be vested in a legislative assembly, consisting of a senate and house of representatives; but the people reserve to themselves power to propose laws, and to enact or reject the same at the polls, except as to laws relating to appropriations of money, and except as to laws for the submission of constitutional amend- ments, and except as to local or special laws, as enumerated in article V, section 26, of this constitution, independent of the legislative assembly; and also reserve power, at their own option, to approve or reject at the polls, any act of the legislative assembly, except as to laws necessary for the immediate preservation of the public peace, health, or safety, and ex- cept as to laws relating to appropriations of money, and except as to laws for the submission of constitutional amendments, and except as to local or special laws, as enumerated in article V, section 26, of this constitution. The first power reserved by the people is the initiative and eight per cent, of the legal voters of the state shall be required to propose any measure by petition ; provided, that two-fifths of the whole number of the coun- ties of the state must each furnish as signers of said petition eight per cent, of the legal voters in such county, and every such petition shall include the full text of the measure so proposed. Initiative petitions shall be filed with the secretary of state, not less than four months be- fore the election at which they are to be voted upon.
The second power is the referendum, and it may be ordered either by petition signed by five per cent, of the legal voters of the state, pro- vided that two-fifths of the whole number of the counties of the state must each furnish as signers of said petition five per cent, of the legal voters in such county, or, by the legislative assembly as other bills are enacted.
Referendum petitions shall be filed with the secretary of state, not later than six months after the final adjournment of the session of the legislative assembly which passed the bill on which the referendum is
Art. V, § 2 election laws
demanded. The veto power of the governor shall not extend to meas- ures referred to the people by the legislative assembly or by initiative referendum petitions.
All elections on measures referred to the people of the state shall be had at the biennial regular general election, except when the legislative assembly, by a majority vote, shall order a special election. Any meas- ure referred to the people shall still be in full force and effect unless such petition be signed by fifteen per cent, of the legal voters of a ma- jority of the whole number of the counties of the state, in which case the law shall be inoperative until such time as it shall be passed upon at an election, and the result has been determined and declared as pro- vided by law. The whole number of votes cast for governor at the regular election last preceding the filing of any petition for the initia- tive or referendum shall be the basis on which the number of legal petitions and orders for the initiative and for the referendum shall be filed with the secretary of state; and in submitting the same to the people, he, and all other officers, shall be guided by the general laws and the act submitting this amendment, until legislation shall be espe- cially provided therefor. The enacting clause of every law originated by the initiative shall be as follows:
"Be it enacted by the people of Montana."
This section shall not be construed to deprive any member of the legislative assembly of the right to introduce any measure. (As amend- ed by Ch. 61, Laws 1905, effective December 7, 1906.)
Section 2. Senators shall be elected for the term of four years, and representatives for the term of two years, except as otherwise provided in this constitution.
Section 3. No person shall be a representative who shall not have attained the age of twenty-one years, or a senator who shall not have attained the age of twenty-four years, and who shall not be a citizen of the United States, and who shall not (for at least twelve months next preceding his election) have resided within the county or district in which he shall be elected.
Sec. 4.
Repeal states that "there shall be no more than
This section was repealed by Ch. 273, one senator from each county" is void and
Laws 1965, adopted at the general elec- unconstitutional in that it violates the
tion of November 8, 1966, effective under equal protection clause of the fourteenth
governor's proclamation, December 6, 1966. amendment of the constitution of the
United States. Herweg v. Thirty Ninth
Conatltutionallty Legislative Assembly of State of Mon-
The portion of this provision which tana, 246 F Supp 454.
Section 9. The senate shall, at the beginning and close of each regular session, and at such other times as may be necessary, elect one of its mem- bers president pro tempore. The house of representatives shall elect one of its members speaker. Each house shall choose its other officers, and shall judge of the elections, returns, and qualifications of its members.
CONSTITUTION OF MONTANA ART. V, § 46
Section 26. The legislative assembly shall uot pass local or special laws in any of the following enumerated cases, that is to say: For granting divorces; laying out, opening, altering or working roads or highways; va- cating roads, town plats, streets, alleys or public grounds; locating or chang- ing county seats; regulating county or township affairs; regulating the practice in courts of justice; regulating the jurisdiction and duties of jus- tices of the peace, police magistrates or constables; changing the rules of evidence in any trial or inquiry; providing for changes of venue in civil or criminal cases; declaring any person of age; for limitation of civil ac- tions, or giving effect to informal or invalid deeds; summoning or im- paneling grand or petit juries; providing for the management of com- mon schools ; regulating the rate of interest on money ; the opening or conducting of any election or designating the place of voting; the sale or mortgage of real estate belonging to minors or others under disabil- ity ; chartering or licensing ferries or bridges or toll roads ; chartering banks, insurance companies and loan and trust companies; remitting fines, penalties or forfeitures; creating, increasing or decreasing fees, per- centages or allowances of public officers; changing the laAv of descent; granting to any corporation, association or individual the right to lay down railroad tracks, or any special or exclusive privilege, immunity or franchise whatever; for the punishment of crimes; changing the names of persons or places; for the assessment or collection of taxes; affecting estates of deceased persons, minors or others under legal disabilities; ex- tending the time for the collection of taxes; refunding money paid into the state treasury ; relinquishing or extinguishing in whole or in part the indebtedness, liability or obligation of any corporation or person to this state, or to any municipal corporation therein; exempting property from taxation; restoring to citizenship persons convicted of infamous crimes; authorizing the creation, extension or impairing of liens; creating offices, or prescribing the powers or duties of oflScers in counties, cities, township or school districts ; or authorizing the adoption or legitimation of children. In all other cases where a general law can be made applicable, no special law shall be enacted.
Sec. 45.
Bepeal of November 8, 1966, effective under gov-
This section was repealed by Ch. 273, ernor's proclamation, December 6, 1966. Laws 1965, adopted at the general election
Sec. 46. The legislative assembly in order to insure continuity of state and local governmental operations in a period of emergency resulting from a disaster caused by enemy attack may enact laws :
(1) To provide for prompt and temporary succession to the powers and duties of elected and appointed public officers who are killed or incapacitated.
(2) To adopt other measures that may be necessary to insure the continuity of governmental operations.
Such laws shall be effective only during the emergency that affects a particular office or governmental operation, and such laws may deviate
Art. VI, § 1 ELECTION LAWS
from other provisions of the Montana constitution, including but not limited to the following sections :
(1) Section 3, Article X, seat of state government.
(2) Section 2, Article XVI, seat of county governments.
(3) Section 16, Article VII, succession to governor.
(4) Section 4, Article XVI, vacancy on board of county commissioners.
(5) Section 6, Article XVI, other vacancies in county government.
(6) Section 45, Article V, vacancies in legislative assembly.
(7) Section 11, Article VII, special legislative sessions.
(8) Section 5, Article V, length of legislative session.
(9) Section 10, Article V, quorum to do business in each house.
(10) Section 6, Article XIX, location of county offices.
(11) Section 1, Article VII, duties of executive officers of state.
(12) Section 7, Article VII, appointments by governor.
Compiler's Notes the general election of November 8, 1966,
This constitutes the new section added effective under governor's proclamation,
to the constitution by act approved March December 6, 1966.
9, 1965 (Ch. 243, Laws 1965), adopted at
ARTICLE VI APPORTIONMENT AND REPRESENTATION
Section 1. One representative in the congress of the United States shall be elected from the state at large, the first Tuesday in October, 1889, and thereafter at such times and places, and in such manner as may be prescribed by law. "When a new appointment shall be made by congress the legislative assembly shall divide the state into congressional districts accordingly.
Sec. 2. (1) The senate and house of representatives of the legislative assembly each shall be apportioned on the basis of population.
(2) The legislative assembly following each census made by the authority of the United States, shall revise and adjust the apportionment for representatives and senators on the basis of such census.
(3) At such time as the constitution of the United States is amended or interpreted to permit apportionment of one house of a state legisla- tive assembly on factors other than population, the senate of the legis- lative assembly shall be apportioned on the basis of one senator for each county.
Compiler's Notes effective under governor's proclamation,
This constitutes sec. 2 of article VI as December 6, 1966. The amendment added
amended by act approved March 9, 1965 paragraphs (1) and (3) and eliminated
(Ch. 273, Laws 1965), adopted at the a provision for a state census, general election of November 8, 1966,
Sec. 3. Senatorial and representative districts may be altered from time to time as public convenience may require. When a senatorial or repre- sentative district shall be composed of two or more counties, they shall be contiguous, and the districts as compact as may be.
CONSTITUTION OF MONTANA
Art. VII, § 3
Compiler's Notes
This constitutes sec. 3 of article VI as amended by act approved March 9, 1965 (Ch. 273, Laws 1965), adopted at the general election of November 8, 1966, effective under governor's proclamation,
Sees. 4 to 6.
Repeal
These sections were repealed by Ch. 273, Laws 1965, adopted at the general election of November 8, 1966, effective under governor's proclamation, December 6, 1966.
December 6, 1966. The amendment made the section applicable to senatorial dis- tricts and eliminated a provision pro- hibiting the division of counties in the formation of representative districts.
Constitutionality
Sections 4 and 5 are void and uncon- stitutional in that they violate the equal protection clause of the fourteenth amend- ment of the constitution of the United States. Herweg v. Thirty Ninth Legisla- tive Assembly of State of Montana, 246 F Supp 454.
ARTICLE VII
EXECUTIVE DEPARTMENT
Section 1. The executive department shall consist of a governor, lieu- tenant-governor, secretary of state, attorney general, state treasurer, state auditor and superintendent of public instruction, each of whom shall hold his office for four years, or until his successor is elected and qualified, be- ginning on the first Monday of January next succeeding his election, except that the terms of ofifice of those who are elected at the first election, shall begin when the state shall be admitted into the Union, and shall end on the first Monday of January, A. D. 1893. The officers of the executive de- partment, excepting the lieutenant-governor, shall during their terms of office reside at the seat of government, where they shall keep the public records, books and papers. They shall perform such duties as are prescribed in this constitution and by the laws of the state. The state treasurer shall not be eligible to his office for the succeeding term. Crass-References
Section 46, Article V would permit deviation from this section under emer- gency conditions.
Section 2. The officers provided for in section 1 of this article, shall be elected by the qualified electors of the state at the time and place of voting for members of the legislative assembly, and the persons respectively, having the highest number of votes for the office voted for shall be elected ; but if two or more shall have an equal and the highest number of votes for any one of said offices, the two houses of the legislative assembly, at its next regular session, shall forthwith by joint ballot, elect one of such persons for said office. The returns of election for the officers named in section 1 shall be made in such manner as may be prescribed by law, and all contested elec- tions of the same, other than provided for in this section, shall be deter- mined as may be prescribed by law.
Section 3. No person shall be eligible to the office of governor, lieuten- ant-governor, or superintendent of public instruction, unless he shall have
ABT. VIII, § 6 ELECTION LAWS
attained the age of thirty years at the time of his election, nor to the office of secretary of state, state auditor, or state treasurer, unless he shall have attained the age of twenty-five years, nor to the ofiBce of attorney general unless he shall have attained the age of thirty years, and have been ad- mitted to practice in the supreme court of the state, or territory of Mon- tana, and be in good standing at the time of his election. In addition to the qualifications above prescribed, each of the officers named shall be a citizen of the United States, and have resided within the state or territory two years next preceding his election.
ARTICLE VIII
JUDICLAIi DEPAETMENT8
8UPBEME COURT
Section 6. The justices of the supreme court shall be elected by the electors of the state at large, as hereinafter provided.
Section 7. The term of office of the justices of the supreme court, ex- cept as in this constitution otherwise provided, shall be six years.
Section 8. There shall be elected at the first general election, provided for by this constitution, one chief justice and two associate justices of the supreme court. At said first election the chief justice shall be elected to hold his office until the general election in the year one thousand eight hundred ninety-two (1892), and one of the associate justices to hold office until the general election in the year one thousand eight hundred ninety- four (1894), and the other associate justice to hold his office until the gen- eral election in the year one thousand eight hundred ninety -six (1896), and each shall hold until his successor is elected and qualified. The terms of office of said justices, and which one shall be chief justice, shall at the first and all subsequent elections be designated by ballot. After said first elec- tion one chief justice or one associate justice shall be elected at the general election every two years, commencing in the year one thousand eight hun- dred ninety-two (1892), and if the legislative assembly shall increase the number of justices to five, the first terms of office of such additional justices shall be fixed by law in such manner that at least one of the five justices shall be elected every two years. The chief justice shall preside at all sessions of the supreme court, and in case of his absence, the associate justice having the shortest term to serve shall preside in his stead.
Section 9. There shall be a clerk of the supreme court, who shall hold his office for the term of six years, except that the clerk first elected shall hold his office only until the general election in the year one thousand eight hundred ninety-two (1892), and until his successor is elected and qualified. He shall be elected by the electors at large of the state, and his compensation shall be fixed by law, and his duties prescribed by law, and by the rules of the supreme court.
Section 10. No person shall be eligible to the office of justice of the supreme court, unless he shall have been admitted to practice law in the
6
CONSTITUTION OF MONTANA ART. VIII, § 19
supreme court of the territory or state of Montana, be at least thirty years of age, and a citizen of the United States, nor unless he shall have resided in said territory or state at least two years next preceding his election.
DISTRICT COURTS
Section 12. The state shall be divided into judicial districts, in each of which there shall be elected by the electors thereof one judge of the district court, whose term of office shall be four years, except that the district judges first elected shall hold their offices only until the general election in the year one thousand eight hundred and ninety-two (1892), and until their successors are elected and qualified. Any judge of the district court may hold court for any other district judge, and shall do so when required by law.
Section 13. Until otherwise provided by law judicial districts of the state shall be constituted as follows: First district, Lewis and Clark coun- ty; second district. Silver Bow county; third district. Deer Lodge county; fourth district, Missoula county; fifth district, Beaverhead, Jefferson and Madison counties; sixth district, Gallatin, Park and Meagher counties; seventh district, Yellowstone, Custer and Dawson counties; eighth dis- trict, Choteau, Cascade and Fergus counties.
Section 16. No person shall be eligible to the office of judge of the district court unless he be at least twenty-five years of age and a citizen of the United States, and shall have been admitted to practice law in the supreme court of the territory or state of Montana, nor unless he shall have resided in this state or territory at least one year next preceding his election. He need not be a resident of the district for which he is elected at the time of his election, but after his election he shall reside in the district for which he is elected during his term of office.
Section 18. There shall be a clerk of the district court in each county, who shall be elected by the electors of his county. The clerk shall be elected at the same time and for the same term as the district judge. The duties and compensation of the said clerk shall be as provided by law.
COUNTY ATTORNEYS
Sec. 19. There shall be elected at the general election in each county of the state one county attorney, whose qualifications shall be the same as are required for a judge of the district court, except that he must be over twenty-one years of age, but need not be twenty-five years of age, and whose term of office shall be four years, and until their successors are elected and qualified. He shall have a salary to be fixed by law, one-half of which shall be paid by the state, and the other half by the county for which he is elected, and he shall perform such duties as may be required by law.
Art. VIII, § 20 ELECTION LAWS
Compiler's Note This amendment increased the county at-
This constitutes sec. 19 of article VIII torneys' term of office from two to four
as amended by act approved March 6, years and eliminated a provision applica-
1961 (Ch. 164, Laws 1961), adopted at ble only to the first county attorneys
the general election of November, 1962. elected under the constitution,'
JUSTICES OF THE PEACE
Section 20. There shall be elected in each organized township of each county by the electors of such township at least two justices of the peace, who shall hold their offices, except as otherwise provided in this constitu- tion, for the term of two years. Justices' courts shall have such original jurisdiction within their respective counties as may be prescribed by law, except as in this constitution otherwise provided; provided, that they shall not have jurisdiction in any case where the debt, damage, claim or value of the property involved exceeds the sum of three hundred dollars.
I^opoMd B«peal repeal of sections 20 to 24. Approved
Section 5, Ch. 121, Laws 1961, proposed March 2, 1961.
MISCELLANEOUS PROVISIONS Section 34. Vacancies in the office of justice of the supreme court, or judge of the district court, or clerk of the supreme court, shall be filled by appointment, by the governor of the state, and vacancies in the offices of county attorney, clerk of the district court, and justices of the peace, shall be filled by appointment, by the board of county commissioners of the county where such vacancy occurs. A person appointed to fill any such vacancy shall hold his office until the next general election and until his successor is elected and qualified. A person elected to fill a vacancy shall hold office until the expiration of the term for which the person he suc- ceeds was elected.
ARTICLE IX BIGHTS OF SUFFRAGE AND QUALIFICATIONS TO HOLD OFFICE Section 1. AU elections by the people shall be by ballot.
Section 2. Every person of the age of twenty-one years or over, possessing the following qualifications, shall be entitled to vote at all general elections and for all officers that now are, or hereafter may be, elective by the people, and, except as hereinafter provided, upon all questions which may be submitted to the vote of the people or electors: First, he shall be a citizen of the United States; second, he shall have re- sided in this state one year immediately preceding the election at which he offers to vote, and in the town, county or precinct such time as may be prescribed by law. If the question submitted concerns the creation of any levy, debt or liability the person, in addition to possessing the qualifications above mentioned, must also be a taxpayer whose name appears upon the last preceding completed assessment roll, in order to entitle him to vote upon such question. Provided, first, that no person convicted of felony shall have the right to vote unless ho has been pardoned or restored to
8
CONSTITUTION OF MONTANA AET. IX, § 11
citizenship by the governor: provided, second, that nothing herein con- tained shall be construed to deprive any person of the right to vote who has such right at the time of the adoption of this constitution; provided, that after the expiration of five years from the time of the adoption of this constitution, no person except citizens of the United States shall have the right to vote. (As amended by Ch. 101, Laws 1931, effective December 9, 1932.)
Section 3. For the purpose of voting no person shall be deemed to have gained or lost a residence by reason of his presence or absence while em- ployed in the service of the state, or of the United States, nor while engaged in the navigation of the waters of the state, or of the United States, nor while a student at any institution of learning, nor while kept at any alms- house or other asylum at the public expense, nor while confined in any public prison.
Section 4. Electors shall in all cases, except treason, felony or breach of peace, be privileged from arrest during their attendance at elections and in going to and returning therefrom.
Section 5. No elector shall be obliged to perform military duty on the days of election, except in time of war or public danger.
Section 6. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this state in consequence of being stationed at any military or naval place within the same.
Section 7. No person shall be elected or appointed to any office in this state, civil or military, who is not a citizen of the United States, and who shall not have resided in this state at least one year next before his elec- tion or appointment.
Section 8. No idiot or insane person shall be entitled to vote at any election in this state.
Section 9. The legislative assembly shall have the power to pass a registration and such other laws as may be necessary to secure the purity of elections and guard against abuses of the elective franchise.
Section 10. All persons possessing the qualifications for suffrage pre- scribed by Section 2 of this article as amended and such other qualifi- cations as the legislative assembly may by law prescribe, shall be eligible to hold the office of county superintendent of schools or any other school district office. (As amended by Ch. 97, Laws 1923, effective December 9, 1924.)
Section 11. Any person qualified to vote at general elections and for state officers in this state, shall be eligible to any office therein except as otherwise provided in this constitution, and subject to such additional quali- fications as may be prescribed by the legislative assembly for city offices and offices hereafter created.
Art. IX, § 12 election laws
Section 12. Upon all questions submitted to the vote of the taxpayers of the state, or any political division thereof, women who are taxpayers and possessed of the qualifications for the right of suffrage required of men by this constitution, shall equally with men have the right to vote.
Section 13. In all elections held by the people under this constitution, the person or persons who shall receive the highest number of legal votes shall be declared elected.
ARTICLE X STATE INSTITUTIONS AND PUBLIC BUILDINGS
Section 2. At the general election in the year one thousand eight hun- dred and ninety-two, the question of permanent location of the seat of gov- ernment is hereby provided to be submitted to the qualified electors of the state, and the majority of all the votes upon said question shall determine the location thereof. In case there shall be no choice of location at said election, the question of choice between the two places for which the highest number of votes shall have been cast shall be, and is hereby, submitted in like manner to the qualified electors at the next general election thereafter ; provided, that until the seat of government shall have been permanently located the temporary seat of government shall be and remain at the city of Helena.
Section 3. When the seat of government shall have been located as herein provided the location thereof shall not thereafter be changed, except by a vote of two-thirds of all the qualified electors of' the state voting on that question at a general election at which the question of the location of the seat of government shall have been submitted by the legislative as- sembly.
Cross-Befereuces
Section 46, Article V would permit deviation from this section under emer- gency conditions.
ARTICLE XI EDUCATION
Section 10. The legislative assembly' shall provide that all elections for school district oflBcers shall be separate from those elections at which state or county oflBcers are voted for.
ARTICLE XII
REVENUE AND TAXATION
Section 9. The rate of taxation on real and personal property for state purposes, except as hereinafter provided, shall never exceed two and one- lialf mills on each dollar of valuation; and whenever the taxable property of
10
CONSTITUTION OF MONTANA ART. XIII, § 6
the state shall amount to six hundred million dollars ($600,000,000.00) the rate shall never exceed two (2) mills on each dollar of valuation, unless the proposition to increase such rate, specifying the rate proposed and the time during which the rate shall be levied shall have been submitted to the people at the general election and shall have received a majority of all votes cast for and against it at such election ; provided, that in addition to the levy for state purposes above provided for, a special levy in addition may be made on live stock for the purpose of paying bounties on wild animals and for stock inspection, protection and indemnity purposes, as may be prescribed by law, and such special levy shall be made and levied annually in amount not exceeding four mills on the dollar by the state board of equalization, as may be provided by law. (As amended by Ch. 4, Laws 1909, effective December 6, 1910.)
ARTICLE Xin PUBLIC INDEBTEDNESS
Section 2. The legislative assembly shall not in any manner create any debt except by law which shall be irrepealable until the indebtedness therein provided for shall have been fully paid or discharged; such law shall specify the purpose to which the funds so raised shall be applied and provide for the levy of a tax sufficient to pay the interest on, and extin- guish the principal of such debt within the time limited by such law for the payment thereof; but no debt or liability shall be created which shall singly, or in the aggregate with any existing debt or liability, exceed the sum of one hundred thousand dollars ($100,000) except in case of war, to repel invasion or suppress insurrection, unless the law authorizing the same shall have been submitted to the people at a general election and shall have received a majority of the votes cast for and against it at such election.
Section 5. No county shall be allowed to become indebted in any man- ner, or for any purpose, to an amount, including existing indebtedness, in the aggregate, exceeding five (5) per centum of the value of the taxable property therein, to be ascertained by the last assessment for state and county taxes previous to the incurring of such indebtedness, and all bonds or obligations in excess of such amount given by or on behalf of such county shall be void. No county shall incur any indebtedness or liability for any single purpose to an amount exceeding ten thousand dollars ($10,000) without the approval of a majority of the electors thereof, voting at an election to be provided by law.
Section 6. No city, town, township, school district or high school dis- trict shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding five per centum (5%) of the value of the taxable property therein, to be as- certained by the last assessment for state and county taxes previous to the incurring of such indebtedness, and all bonds or obligations in excess of such amount given by or on behalf of such city, town, township, school district or high school district shall be void; and each school district and
11
Art. XVI, § 2 election laws
each high school district shall have separate and independent bonding capacities within the limitation of this section ; provided, however, that the legislative assembly may extend the limit mentioned in this section, by authorizing municipal corporations to submit the question to a vote of the taxpayers affected thereby, when such increase is necessary to construct a sewerage system or to procure a supply of water for such municipality which shall own and control said water supply and devote the revenues derived therefrom to the payment of the debt. (As amended by Ch. 193, Laws 1949, effective December 6, 1950; Ch. 161, Laws 1957, effective December 8, 1958.)
ARTICLE XVI COUNTIES— MUNICIPAL CORPORATIONS AND OFFICES
Section 2. The legislative assembly shall have no power to remove the county seat of any county, but the same shall be provided for by general law; and no county seat shall be removed unless a majority of the quali- fied electors of the county, at a general election on a proposition to remove the county seat, shall vote therefor; but no such proposition shall be sub- mitted oftener than once in four years.
Cross-References
Section 46, Article V would permit deviation from, this section under emer- gency conditions.
Section 4. In each county there shall be elected three county commis- sioners, whose term of office shall be six years; provided that each county in the state of Montana shall be divided into three commissioner districts, to be designated as commissioner districts, numbers one, two and three, respectively.
The board of county commissioners shall in every county in the state of Montana, at their regular session, on the first Monday in May, 1929, or as soon thereafter as convenient or possible, not exceeding sixty days there- after, meet and by and under the direction of the district court judge or judges of said county, divide their respective counties into three commis- sioner districts as compact and equal in population and area as possible, and number them respectively, one, two and three, and when such division has been made, there shall be filed in the oflSce of the county clerk and re- corder of such county, a certificate designating the metes and bounds of the boundary lines and limits of each of said commissioners districts, which certificate shall be signed by said judge or judges; provided, also that at the first regular session of any newly organized and created county, the said board of county commissioners, by and under the direction of the district court judge or judges of said county, shall divide such new county into commissioner districts as herein provided.
Upon such division, the board of county commissioners shall assign its members to such districts in the following manner; each member of the said board then in service shall be assigned to the district in which he is residing or the nearest thereto; the senior member of the board in service
12
CONSTITUTION OF MONTANA ART. XVI, § 5
to be assigned to the commissioner district No. 1, the next member in seniority to be assigned to commissioner district No. 2, and the junior mem- ber of the board to be assigned to commissioner district No. 3; provided, that at the first general election of any newly created and organized coun- ty, the commissioner for district No. 1, shall be elected for two years, for No. 2, for four years, and for No. 3, for six years, and biennially thereafter there shall be one commissioner elected to take place of the retiring com- missioner, who shall hold his office for six years.
That the board of county commissioners by and under the direction of the district court judge or judges of said county, for the purpose of equal- izing in population and area such commissioner districts, may change the boundaries of any or all of the commissioner districts in their respective county, by filing in the office of the county clerk and recorder of such coun- ty, a certificate signed by said judge or judges designating by metes and bounds the boundary lines of each of said commissioner districts as changed, and such change in any or all the districts in such county, shall become effective from and after filing of such certificate ; provided, however, that the boundaries of no commissioner district shall at any time be changed in such a manner as to affect the term of office of any county commissioner who has been elected, and whose term of office has not expired ; and pro- vided, further, that no change in the boundaries of any commissioner dis- trict shall be made within six months next preceding a general election.
At the general election to be held in 1930, and thereafter at each general election, the member or members of the board to be elected, shall be selected from the residents and electors of the district or districts in which the vacancy occurs, but the election of such member or members of the board shall be submitted to the entire electorate of the county, provided, however, that no one shall be elected as a member of said board, who has not resided in said district for at least two years next preceding the time when he shall become a candidate for said office.
When a vacancy occurs in the board of county commissioners the judge or judges of the judicial district in which the vacancy occurs, shall appoint someone residing in such commissioner district where the vacancy occurs, to fill the office until the next general election when a commissioner shall be elected to fill the unexpired term. (As amended by Ch. 72, Laws 1927, effective December 8, 1928.)
Cross-Beferences
Section 46, Article V would permit deviation from this section under emer- gency conditions.
Section 5. There shall be elected in each county the following county officers who shall possess the qualifications for suffrage prescribed by sec- tion 2 of article IX of this constitution and such other qualifications as may be prescribed by law :
One county clerk who shall be clerk of the board of county commission- ers and ex-officio recorder ; one sheriff ; one treasurer, who shall be collector of the taxes, provided, that the county treasurer, shall not be eligible to his office for the succeeding term; one county superintendent of schools; one
13
Art. XVI, § 6 ELECTION LAWS
county surveyor; one assessor; one coroner; one public administrator. Per- sons elected to the different ofiBces named in this section shall hold their respective offices for the term of four (4) years, and until their successors are elected and qualified. Vacancies in all county, township and precinct offi- ces', except that of county commissioners, shall be filled by appointment by the board of county commissioners, and the appointee shall hold his office until the next general election ; provided, however, that the board of coun- ty commissioners of any county may, in its discretion, consolidate any two or more of the within named offices and combine the powers and the duties of the said offices consolidated ; however, the provisions hereof shall not be construed as allowing one (1) office incumbent to be entitled to the salaries and emoluments of two (2) or more offices; provided, further, that in con- solidating county offices, the board of county commissioners shall, six (6) months prior to the general election held for the purpose of electing the aforesaid offices, make and enter an order, combining any two (2) or more of the within named offices, and shall cause the said order to be published in a newspaper, published and circulated generally in said county, for a period of six (6) weeks next following the date of entry of said order. (As amended by Ch. 93, Laws 1937, effective December 2, 1938.)
Section 6. The legislative assembly may provide for the election or ap- pointment of such other county, township, precinct and municipal officers as public convenience may require and their terms of office shall be as pre- scribed by law, not in any case to exceed two years, except as in this con- stitution otherwise provided.
Cross-Beferencos
Section 46, Article V would permit deviation from this section under emer- gency conditions.
Section 7. The legislative assembly may, by general or special law, provide any plan, kind, manner or form of municipal government for coun- ties, or counties and cities and towns, or cities and towns, and whenever deemed necessary or advisable, may abolish city or town government and unite, consolidate or merge cities and towns and county under one municipal government, and any limitations in this constitution not- withstanding, may designate the name, fix and prescribe the number, designation, terms, qualifications, method of appointment, election or removal of the officers thereof, define their duties and fix penalties for the violation thereof, and fix and define boundaries of the territory so governed, and may provide for the discontinuance of such form of govern- ment when deemed advisable ; provided, however, that no form of govern- ment permitted in this section shall be adopted or discontinued until after it is submitted to the qualified electors in the territory affected and by them approved. (As enacted by Ch. 113, Laws 1921, effective December 14, 1922.)
Section 8. Any county or counties in existence on the first day of Janu- ary, 1935, under the laws of the state of Montana or which may thereafter be created or established thereunder shall not be abandoned, abolished and/or consolidated either in whole or in part or at all with any other county or
14
CONSTITUTION OF MONTANA ART. XIX, § 8
counties except by a majority vo'te of the duly qualified electors in each county proposed to be abandoned, abolished and/or consolidated with any other county or counties expressed at a general or special election held under the laws of said state. (As added by Ch. 102, Laws 1935, effective December 2, 1936.)
ARTICLE XIX MISCELLANEOUS SUBJECTS AND FUTURE AMENDMENTS
Section 1. Members of the legislative assembly and all ofiicers, execu- tive, ministerial or judicial, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or aflRrma- tion, to-wit: "I do solemnly swear (or affirm) that I will support, protect and defend the constitution of the United States, and the constitution of the state of Montana, and that I will discharge the duties of my office with fidelity; and that I have not paid, or contributed, or promised to pay or contribute, either directly or indirectly, any money or other valuable thing to procure my nomination or election (or appointment) except for neces- sary and proper expenses expressly authorized by law; that I have not knowingly violated any election law of this state, or procured it to be done by others in my behalf; that I will not knowingly receive, directly, or in- directly, any money or other valuable thing for the performance or non- performance of any act or duty pertaining to my office other than the compensation allowed by law, so help me God." And no other oath, decla- ration or test shall be required as a qualification for any office or trust.
Section 8. The legislative assembly may at any time, by a vote of two- thirds of the members elected to each house, submit to the electors of the state the question whether there shall be a convention to revise, alter, or amend this constitution; and if a majority of those voting on the question shall declare in favor of such convention, the legislative assembly shall at its next session provide for the calling thereof. The number of mem- bers of the convention shall be the same as that of the house of representa- tives, and they shall be elected in the same manner, at the same places, and in the same districts. The legislative assembly shall in the act calling the convention designate the day, hour and place of its meeting, fix tho pay of its members and officers, and provide for the payment of the same, together with the necessary expenses of the convention. Before proceed- ing, the members shall take an oath to support the constitution of the United States and of the state of Montana, and to faithfully discharge their duties as members of the convention. The qualifications of members shall be the same as of the members of the senate, and vacancies occurring shall be filled in the manner provided for filling vacancies in the legislative assembly. Said convention shall meet within three months after such election and prepare such revisions, alterations or amendments to the con- stitution as may be deemed necessary, which shall be submitted to the electors for their ratification or rejection at an election appointed by the convention for that purpose, not less than two nor more than six months after the adjournment thereof; and unless so submitted and approved by
15
Art. XIX, § 9 ELECTION LAWS
a majority of the electors voting at the election, no such revision, altera- tion or amendment shall take effect.
Section 9. Amendments to this constitution may be proposed in either house of the legislative assembly, and if the same shall be voted for by two-thirds of the members elected to eaah house, such proposed amend- ments, together with the ayes and nays of each house thereon, shall be entered in full on their respective journals; and the secretary of state shall cause the said amendment or amendments to be published in full iu at least one newspaper in each county (if such there be) for three months previous to the next general election for members to the legislative assembly; and at said election the said amendment or amendments shall be submitted to the qualified electors of the state for their approval or rejection and such as are approved by a majority of those voting thereon shall become part of the constitution. Should more amendments than one be submitted at the same election, they shall be so prepared and distinguished by numbers or otherwise that each can be voted upon separately; provided, however, that not more than three amendments to this constitution shall be submitted at the same election.
Proposed Amendment months previous to the next general elec- tion for members to the legislative as-
Chapter 315, Laws 1967, proposes to sembly; and at said election the said
amend this section to read as follows: amendment or amendments shall be sub-
"Section 9. Amendments to this con- mitted to the qualified electors of the
stitution may be proposed in either house state for their approval or rejection and
of the legislative assembly, and if the such as are approved by a majority of
same shall be voted for by two-thirds those voting thereon shall become part of
(2/3) of the members elected to each the constitution. Should more amend-
house, such proposed amendments, to- ments than one (1) be submitted at the
gether with the ayes and nays of each same election, they shall be so prepared
house thereon, shall be entered in full on and distinguished by numbers or other-
their respective journals; and the secre- wise that each can be voted upon sepa-
tary of state shall cause the said amend- rately; provided, however, that not more
ment or amendments to be published in than six (6) amendments to this consti-
full in at least one (1) newspaper in each tution shall be submitted at the same
county (if such there be) for three (3) election."
TITLE 1 AERONAUTICS
CHAPTER 8
ESTABLISHMENT OP AIRPORTS BY COUNTIES AND CITIES- MUNICIPAL AIRPORTS ACT
Section 1-804. Tax levy for establishment and operation of airports.
1-804, (5668.38) Tax levy for establishment and operation of airports.
For the purpose of establishing, constructing, equipping, maintaining and operating airports and landing fields under the provisions of this act the county commissioners of the city or town council may each year assess and levy in addition to the annual levy for general administrative purposes, a tax of not to exceed two (2) mills on the dollar of taxable value of the
16
ALCOHOLIC BEVERAGES 4-142
property of said county, city or town. In the event of a jointly established airport or landing field, the county commissioners and the council or coun- cils involved shall determine in advance the levy necessary for such purposes and the proportion each political subdivision joining in the venture shall pay, based upon the benefits it is determined each shall derive from the project. Provided that if it be found that the levy hereby authorized will be insufficient for the purposes herein enumerated, the commissioners and coun- cils acting are hereby authorized and empowered to contract an indebted- ness on behalf of such county, city or town, as the case may be, upon the credit thereof by borrowing money or issuing bonds for such purposes, provided that no money may be borrowed and no bonds may be issued for such purpose until the proposition has been submitted to the taxpayers affected thereby, and a majority vote be cast therefor.
History: En. Sec. 4, Ch. 108, L. 1&29; amd. Sec. 4, Cli. 64, L. 1941; amd. Sec. 1, Cli. 54, L. 1946.
TITLE 4
ALCOHOLIC BEVERAGES
CHAPTER 1
STATE LIQUOR CONTROL ACT OF MONTANA— LICENSING— SALE OF ALCOHOLIC BEVERAGES BY STATE LIQUOR STORES
Section 4-142. Local option law — petition — ^time for election.
4-143. Notice of election.
4-144. Ballots, what to contain.
4-145. Election, how held.
4-146. Dealing in intoxicating liquors prohibited if majority of vote against
sale.
4-147. No election more than once in two years.
4-148. Sale of liquors prohibited.
4-149. Election, how contested.
4-142. (2815.96) Local option lavr — petition — time for election. Elec- tion to be ordered upon application of one-third of the voters of any county. Upon application by petition, signed by one-third of the voters who are qualified to vote for members of the legislative assembly in any county in the state, the board of county commissioners must order an election to be held at the places of holding elections for county officers, to take place within forty days after the reception of such petition, to determine whether or not any spirituous or malt liquors, wine, or cider, or any intoxicating liquors or drinks may be sold within the limits of the county. No election, under this section must take place in any month in which general elections are held. The board of county commissioners must determine on the suf- ficiency of the petition presented from the roll of registered electors of the territory affected. History: En, Sec. 37, Ch. 1Q5, L. 1933.
17
4-143 ELECTION LAWS
4-143. (2815.97) Notice of election. The notice of election must be published once a week for four weeks in such newspapers of the county where the election is to be held as the board of county commissioners may think proper.
History: En. Sec. 38, Ch. 105, L. 1933.
4-144. (2815.98) Ballots, what to contain. The county clerk must fur- nish the ballots to be used at such election, as provided in the general election law, which ballots must contain the following words: "Sale of in- toxicating liquors, yes" ; "Sale of intoxicating liquors, no" ; and the elector in order to vote must mark an X opposite one of the answers. History: En, Sec. 39,' C?h. 105, L. 1933.
4-145. (2815.99) Election, how held. The polling places must be estab- lished, the judges and other officers to conduct the election must be desig- nated, and the election must be held, canvassed and returned in all respects in conformity to the laws of the state. History: En. Sec. 40, Ch. 105, L. 1933.
4-146. (2815.100) Dealing in intoxicating lienors prohibited if majority of vote against sale. If a majority of the votes cast are "Sale of intoxi- cating liquors, no," the board of county commissioners must publish the result once a week for four weeks in the paper in which the notice of the election was given. The provisions of this act shall take effect at the expira- tion of the time of the publication of the notice, and thereupon all existing licenses shall be cancelled. History: En. Sec. 41, Oh. 105, L. 1933.
4-147. (2815.101) No election more than onoe in two years. No election must be held in the same county oftener than once in two years thereafter. History: En. Sec. 42, Ch. 105, L. 1933.
4-148. (2815.102) Sale of liquors prohibited. If a majority of the votes at the election are, "Sale of intoxicating liquors, no," it shall not be lawful for any person within the county in which the vote was taken, to sell, either directly or indirectly, or give away, to induce trade at any place of business, or furnished to any person, any alcoholic, spirituous, malt, or intoxicating liquors.
History: En. Sec. 43, Oh. 105, L. 1933.
4-149. (2815.103) Election, how contested. Any election held under the provisions of this act may be contested in the same manner as provided by the general laws. History: En. Sec. 44, Oh. 106, L. 1933.
CHAPTER 3
MONTANA BEER ACT— LICENSING SALE OF BEER UNDER SUPERVISION OF STATE LIQUOR CONTROL BOARD
Section 4-303. Closing hours for licensed retail beer establishments.
4-350. Election to determine whether or not beer should be sold in county to be ordered upon application of one-third of the voters.
18
ALCOHOLIC BEVERAGES 4-352
4-351. Notice of election.
4-352. Ballots — what to contain.
4-353. Election — how held.
4-354. Effect when vote is against sale of beer.
4-355. No election more than once in two years.
4-356. Election — how contested.
4-303. Closing hours for licensed retail beer establishments. Hereafter all licensed establishments wherein beer as defined by subsection (b) of section 4-302, is sold, offered for sale or given away at retail shall be closed during the following hours :
(a) Sunday from two A. M. to one P. M. ;
(b) On any other day between two A. M. and eight A. M. ;
(c) On any day of a biennial general or primary election at which state and national officers are elected, during the hours when the polls are open, but not upon the day of any other election ; provided, however, that when any municipal incorporation has by ordinance further restricted the hours of sale of beer, then the sale of beer is prohibited within the limits of any such city or town during the times such sale is prohibited by this act and in addition thereto during the hours that it is prohibited by such ordinance.
History: En. Sec. 1, Ch. 161, L. 1943; amd. Sec. 1, Ch. 162, L. 1959.
4-350. (2815.53) Election to determine whether or not beer should be sold in county to be ordered upon application of one-third of the voters.
Upon application by petition, signed by one-third (1/3) of the voters who are qualified to vote for members of the legislative assembly in any county in the state, the board of county commissioners must order an election to be held at the places of holding elections for county ofiicers, to take place within forty (40) days after the reception of such petition, to determine whether or not the sale of beer as herein provided for shall be permitted within the limits of the county. No election, under this section must take place in any month in which the general elections are held. It shall be the duty of the board of county commissioners to determine the sufficiency of the petitions presented from an examination of the roll of qualified electors within the county. History: En. Sec. 60, Ch. 106, L. 1933.
4-351. (2815.54) Notice of election. The notice of election must be published once a week for four (4) weeks in such newspapers of the county where the election is to be held as the board of county commissioners may think proper. History: En. Sec. 61, Oh. 106, L. 1933.
4-362. (2815.55) Ballots — what to contain. The county clerk must fur- nish the ballots to be used at such election, as provided in the general elec- tion laws, which ballots must contain the following words: "Sale of beer, yes"; "Sale of beer, no." And the elector in order to vote must mark an "X" opposite one (1) of the answers. History: En. Sec. 62, Ch. 106, L. 1933.
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4-353 ELECTION LAWS
4-353. (2815.56) Election — ^how held. The polling places must be estab- lished, the judges and other officers to conduct the election must be desig- nated, and the election must be held, canvassed and returned in all respects in conformity to the general election laws of the state of Montana. History: En. Sec. 53, Oh. 106, L. 1933.
4-354. (2815.57) Effect when vote is against sale of beer. If a majority of the votes cast are against the sale of beer the board of county commis- sioners must publish the result once a week for four (4) weeks in the newspapers in which the notices of election were published, and from the date of the election no further licenses to vend beer in the county shall be issued by the board of equalization, and after the publication of notice proclaiming the result of the election as against the sale of beer, all licenses then existing shall be cancelled by the state board of equalization, and thereafter it shall be unlawful to sell any beer in any such county. History: En. Sec. 54, Oh. 106, L. 1933.
4-355. (2815.58) No election more than once in two years. No election shall be held in the same county oftener than once in any two (2) years. History: En. Sec. 55, Oh. 106, L. 1933.
4-356. (2815.59) Election — how contested. Any election held under the provisions of this act may be contested in the same manner as other elections under the laws of this state. History: En. Sec. 56> Oh. 106, li. 1933.
CHAPTER 4
MONTANA EETAIL LIQUOB LICENSE ACT— SALES BY LICENSEES OF BOARD
Section 4-414. Hours for sale of liquor.
4-431. Act when effective — protests — elections.
4-432. Publication notice of election.
4-433. Form of ballots.
4-434. Polling places — conduct of elections.
4-435. Effect of election — penalty — liquor store sales not affected.
4-436. Contest of election.
4-437. Restriction on holding second election.
4-414, Hours for sale of liquor. No liquor shall be sold, offered for sale or given away upon any premises licensed to sell liquor at retail during the following hours :
(a) Sunday, from two A. M. to one P. M. ;
(b) On any other day between two A. M. and eight A. M. ;
(c) On any day of a biennial general or primary election at which state
and national officers are elected, during the hours when the polls are open,
but not upon the day of any other election ; provided, however, when any
city, or incorporated or unincorporated town has any ordinance further
restricting the hours of sale of liquor, such restricted hours shall be the
hours during which the sale of liquor at retail shall not be permitted within
the jurisdiction of any such city or town.
History: En. Sec. 12, Oh. 84, L. 1937; amd. Sec. 2, Ch. 162, L. 1959.
20
ALCOHOLIC BEVERAGES 4-435
4-431. Act when effective — protests — elections. The provisions of this act as to the issuance of licenses as herein provided shall be effective thirty (30) days after the passage and approval of this act. In the event that during the said period of thirty (30) days, a duly verified petition in writing signed by not less than thirty-five per centum (35%) of the registered qualified electors of any county file with the board of county commissioners their protest against the issuance of any licenses as herein provided by the Montana liquor control board under the provisions of this act, then the said Montana liquor control board shall not issue any license or licenses within said county, except as herein provided.
The board of county commissioners must within five (5) days after the filing of said petition, meet and determine the sufficiency of the petition presented by ascertaining whether or not at least thirty-five per centum (35%) of the signers of said petition are registered electors of the territory or county affected. The board of county commissioners must within ten (10) days after the filing of such petition, if such petition be sufficient therefor make an order calling an election to be held within the county in the manner and at the places of holding an election for county offices in such county. Such election to be held on a day fixed by the board of county commissioners not more than thirty (30) days after the filing of such petition for the purpose of determining whether or not any license for the sale of spirituous liquors may be sold within the limits of the county as provided by the provisions of this act. History: En. Sec. SO, Oh. 84, L. 1937.
4-432. Publication notice of election. The notice of election must be published once a week for four (4) weeks in such newspapers in the county where the election is to be held as the board of county commissioners may think proper. History: En. See. SI, Oh. 84, L. 1937.
4-433. Form of ballots. The county clerk must furnish the ballots to be used at such election, as provided in the general election law, which ballots must contain the following words : "Sale of Alcoholic Beverages, Yes," "Sale of Alcoholic Beverages, No," and the elector in order to vote must mark an "X" opposite one of the answers. History: En. Sec. 32, Oh. 84, L. 1937.
4-434. Polling places — conduct of elections. The polling places must be established, the judges and other officers to conduct the election must be designated, and the election must be held, canvassed and returned in all respects in conformity to the laws of the state. History: En. Sec. S3, Ch. 84, L. 1937.
4-435. Effect of election — penalty — ^liquor store sales not affected. If
a majority of the votes cast are "Sale of Alcoholic Beverages, Yes," the provisions of this act shall take effect immediately. If a majority of the votes cast are "Sale of Alcoholic Beverages, No," the board of county com- missioners must publish the result once a week for four (4) successive weeks in the paper in which the notice of election was given, and at the expiration
21
4-436 ELECTION LAWS
of the time of the publication of such notice all existing licenses shall be cancelled and it shall thereupon be unlawful to sell, either directly or in- directly, any liquor in such county under penalty of a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprison- ment ; provided, however, that nothing herein contained shall be construed to prevent or prohibit the sale of liquor at or by a state liquor store under the liquor control act. History: En. Sec. 34, Cb. 84, L. 1937.
4-436. Contest of election. Any election held under the provisions of the act may be contested in the same manner as provided by the general election laws. History: En. Sec. 35, Cb. 84, L. 1937.
4-437. Restriction on holding second election. If no petition protesting against the issuance of licenses as herein provided be filed with the board of county commissioners within thirty (30) days after the passage and approval of this act, or if a majority of the votes cast at any election held in pur- suance of the filing of said petition as herein provided, are "Sale of Alcoholic Beverages, No," then there shall not be submitted to the qualified electors of said county any other or further question as to the sale of alcoholic beverages within said county for a period of two (2) years from and after the date of the filing of said petition protesting the issuance of said license as herein provided with the board of county commissioners. History: En. Sec. 36, Ch. 84, L. 1937.
TITLE 9
CEMETERIES
CHAPTER 2
PUBLIC CEMETERY DISTRICT ACT
Section 9-201. Public cemetery district act.
9-202. Petition to board of county commissioners.
9-203. Hearing.
9-204. Final hearing.
9-205. Order of board as respects election.
9-206. Favorable vote — commissioners to organize district.
9-207. Government of district — appointment and terms of trustees.
9-208. Powers of district.
9-209. Budget and tax levy.
9-209.1. Disbursement of tax proceeds.
9-209.2. Validating act.
9-209.3. Payment of validated warrants.
9-210. Regulations.
9-211. Withdrawal of portion of district, petition for.
9-212. Hearing.
9-213. Alteration of boundaries.
9-214. Notice, publication of,
9-215. Power of county commissioners.
22
CEMETERIES 9-205
9-201. Public cemetery district act. There is hereby deemed and de- clared a public cemetery district act for the state of Montana. A cemetery district may contain the entire territory embraced within a county or any portion or subdivision thereof.
History: En. Sec. 1, Ch. 221, L. 1943; amd. S«c. 1, Ch. 16, L. 1945.
9-202. Petition to board of county commissioners. Whenever a peti- tion, signed by not less than twenty (20%) per cent of the citizens who are owners of land located within a proposed cemetery district, whose names appear as such owners of land upon the last completed assessment roll of the county in which said proposed district is situated, which petition shall definitely describe the boundaries of the proposed district and request that the territory within said boundaries be organized into a public cemetery district, the petition shall be presented to the board of county commissioners of the county in which the proposed district is situated, at a regular or special meeting of said board. The said board of county commissioners, by resolution, shall fix a time for the hearing of said petition at not less than two (2) nor more than five (5) weeks from the time of presentation thereof, and shall cause notice to be given of the time and place of said hearing by publication as prescribed by law, for not less than two (2) weeks prior to the time of said hearing. Said notice shall state that any person residing in or owning property within said proposed district or within any existing cemetery district, any part of the territory of which is described in said petition, may appear before said board at the hearing and show cause why the said district should not be created or the proposed boundaries changed.
History: En. Sec. 2, Ch. 221, L. 1943; amd. Sec. 2, Ch. 16, L. 1946.
9-203. Hearing. At the time fixed for said hearing, the board shall de- termine whether or not it complies with the requirements hereinbefore set forth and whether or not the notice required herein has been published as required, and must hear all competent and relevant testimony offered in support of or in opposition thereto. Said hearing may be adjourned from time to time for the determination of said facts, not to exceed two (2) weeks in all.
History: En. Sec. 3, Ch. 221, L. 1943; amd. Sec 3, Ch. 16, L. 1945.
9-204. Final hearing. If the board of county commissioners shall de- termine that the petitioners have complied with the requirements herein set forth and that the notice required has been published, it shall thereupon pro- ceed to a final hearing of the matter. Said board shall make such changes in the boundaries of the proposed district as it may deem advisable and shall define and establish such boundaries, as described in the petition and shall call an election.
History: En. Sec. 4, Oh. 221, L. 1943; amd. Sec. 4, Oh. 16, L. 1945.
9-205. Order of board as respects election. The board, must in its order, designate whether or not a special election shall be held, or whether
23
9-206 ELECTION LAWS
the matter shall be determined at the next general election. If a special election is ordered, the board must, in its order, specify the time and place for such election, the voting place, and shall in said order appoint and desig- nate judges and clerks therefor. The election shall be held in all respects as nearly as practicable in conformity with the general election laws : and provided, further, that the polls shall be open from eight (8) o'clock A. M. to six (6) P. M., on the day appointed for such election. At such election, the ballots must contain the words "Cemetery District, Yes" and "Cemetery District, No." The judges of the election shall certify to the board of county commissioners the results of said election.
History: En. Sec. 5, Ch. 221, L. 1943; amd. Sec. 5, Ch. 16, L. 1945.
9-206. Favorable vote — commissioners to orgunize district. In the event that a majority of the votes cast are in favor of the formation of said ceme- tery district, the board of county commissioners shall proceed with the organization thereof as herein specified.
History: En. Sec. 6, C7h. 221, It. 1943; amd. Sec. 6, Ch. 16, L. 1946.
9-207. (Government of district — appointment and terms of trustees.
Said cemetery district shall be governed and managed by three (3) trustees, appointed by the board of county commissioners. The trustees shall be ap- pointed from the freeholders residing within said district for terms of one (1), two (2) and three (3) years respectively, and until their successors shall be appointed and qualified. Annually thereafter the board of county commissioners shall appoint one trustee for a term of three (3) years or until his successor shall be appointed and qualified. The trustees at their first meeting shall adopt by-laws for the government and management of the district. They shall serve without pay.
History: En. Sec. 7, Ch. 221, L. 1943; amd. Sec. 7, Oh. 16, L. 1945.
9-208. Powers of district. Said district may maintain a cemetery or
cemeteries within said district; may hold title to property by grant, gift,
devise, lease, or any other method ; and perform all acts necessary or proper
for the carrying out of the purposes of this act, including the selling or
leasing of burial lots.
History: En. Sec. 8, Ch. 221, I*. 1943; amd. Sec. 8, Ch. 16, L. 1945.
9-209. Budget and tax levy. The board of cemetery trustees shall an- nually present a budget to the board of county commissioners at the regular budget meetings as prescribed by law. The board of county commis- sioners must annually, at the time of levying county taxes, fix and levy upon all property within said cemetery district, sufficient to raise the amount certified by the board of cemetery trustees to be raised by a tax on the property of said district. The tax so levied shall not exceed two (2) mills on each dollar of taxable valuation on the property of said district. Expenditures made, liabilities incurred, or warrants issued by or in behalf of any cemetery district in excess of the annual budget presented to the
24
CEMETERIES 9-209.3
board of county commissioners as provided herein and the amount appro- priated for and authorized to be expended for each item in the budget shall not be a liability of the cemetery district. Insofar as the same can be made applicable, the county budget system, sections 16-1901 to 16-1911, shall govern the operation of cemetery districts created under this act.
History: En. S«c. 9, Cli. 221, L. 1943; amd. Sec. 9, Ch. 16, L. 1945; amd. Sec. 1, Oh. 93, L. 1951 ; amd. Sec. 1, Ch. 4, L. 1955.
9-209.1. Disbursement of tax proceeds. The proceeds of taxes collected by the county treasurer for the public cemetery fund shall be disbursed to the various cemetery districts upon the submission of a claim by said cemetery districts to the board of county commissioners for their pro rata share of the proceeds of the taxes collected. Upon approval of said claim by the board of county commissioners the county clerk shall issue a trust fund warrant drawn upon the public cemetery fund and payable to each claimant. History: En, Sec. 1, Ch. 94, L. 1951.
9-209.2. Validating act. All warrants heretofore issued by any ceme- tery district for services actually rendered or goods, wares, merchandise or material actually furnished to said cemetery district are hereby validated, ratified, approved and confirmed, notwithstanding any lack of power of such cemetery district to authorize or issue such warrants by reason of non- compliance with any budget act or their being in excess of any cemetery district budget or because of failure to include provision for the same in any cemetery district budget or otherwise and said warrants so issued for value received by said cemetery district shall be binding, legal, valid and enforceable obligations of such cemetery district. History: En. Sec. 2, Oh. 4, L. 1955.
9-209.3. Payment of validated warrants. AH cemetery district war- rants validated, ratified, approved and confirmed by the provisions of this act shall be paid by the cemetery district which issued the same from any funds which the cemetery district may have on hand which are not appro- priated for other purposes. Any such cemetery district is also authorized and directed to make provision for the payment of said warrants by in- cluding in its budget each year in which such warrants remain outstanding an item providing for the payment of such warrants as can be paid within the proceeds of the two (2) mill maximum levy on each dollar of taxable valuation of the property of said district specified in section 9-209, taking into consideration other income of the cemetery district and after having provided for the other budget requirements submitted by the board of cemetery trustees to the board of county commissioners and such maximum two (2) mill levy shall be made annually until said warrants are paid, provided, that no interest or other charges for the use of the money repre- sented by said warrants shall be paid by the cemetery district. All cemetery district warrants validated, ratified, approved and confirmed by the pro- visions of this act shall be listed by the cemetery district having issued the same in the order in which they were issued by said cemetery district
25
9-210 ELECTION LAWS
and the warrants shall be paid in the order in which they were issued as funds become available for the payment thereof under the provisions of this act. History: En. Sec. 3, Ch. 4, L. 1956.
9-210. Regulations. The trustees shall make proper rules and regula- tions for the management of the cemeteries. The procedure of the collecting of the tax and the distribution of the funds shall be in accordance with the existing laws of the state of Montana.
History: En. Sec. 10, Oh. 221, L. 1943; amd. Sec. 10, Ch. 16, L. 1946.
9-211. Withdrawal of portion of district, petition for. Any portion of
a public cemetery district may be withdrawn therefrom as in this section
provided, upon receipt of a petition signed by fifty (50) or more freeholders
residing in, or owning property within the portion desired to be withdrawn
by any public cemetery district or by a majority of such freeholders, if
there are less than one hundred (100) residing within the portion sought
to be withdrawn, on the grounds that such portion will not be benefited by
remaining in said district. The board of county commissioners shall fix a
time for the hearing of such withdrawal petition which shall not be more
than sixty (60) days after the receipt thereof. The said board shall, at least
thirty (30) days prior to the time so fixed, publish a notice of such hearing
for two (2) issues as provided by law.
History: En. Sec. 11, Cli. 221, L. 1943; amd. Sec. 11, Ch. 16, L. 1946.
9-212. Hearing. Any person interested may appear at said hearing and
present objections to the withdrawal of said portion from said district. The
board shall consider all objections, pass upon the merits thereof and make
an order in accordance therewith. This order is subject to review by any
court of competent jurisdiction.
History: En. Sec. 12, Ch. 221, L. 1943; amd. Sec. 12, Ch. 16, L. 1946.
9-213. Alteration of boundaries. The boundaries of any such public cemetery district may be altered and outlying districts be annexed thereto in the following manner: A petition signed by fifty (50) or more freeholders within the territory proposed to be annexed, or by a majority of such free- holders if there are less than one hundred (100) residing within the portion proposed to be annexed, designating the boundaries of such contiguous territory proposed to be annexed and asking that it be annexed to said public cemetery district, shall be presented to the board of county commis- sioners of the county in which said public cemetery district is situated.
History: En. Sec 13, Oh. 221, L. 1943; amd. Sec. 13. Oh. 16, L. 1946.
9-214. Notice, publication of. At the first regular meeting after the presentation of said petition, said board of county commissioners shall cause notice of said petition to be published according to law for two (2) weeks prior to the date to be fixed by said board for the hearing of said petition. Upon the date fixed for such hearing or continuance thereof said board shall
26
CITIES AND TOWNS 11-203
take up and consider said petition and any objections which may be filed to
the inclusion of any property in said district.
History: En. Bee. 14, Oh. 221, L. 1943; amd. Sec. 14, Oil. 16, L. 1945.
9-216. Power of county commissioners. Said board of county commis- sioners shall have the power by order entered on its minutes to ^ant said petition either in whole or in part, and by order entered on its minutes to alter the boundaries of said public cemetery district and to annex thereto, all, or such portion of said territory described in said petition as will be benefited thereby. This territory shall become and be a part of such public cemetery district and shall be taxed, together with the remainder of said district, for all taxes to be thereafter levied by said board of county com- missioners for the operation and maintenance of said public cemetery district.
History: En. Sec. 16, Oh. 221, L. 1943; amd. Sec 16, Ob. 16, L. 1946.
TITLE 11
CITIES AND TOWNS
CHAPTER 2 CLASSIFICATION AND OBGANIZATION OF CITIES AND TOWNS
Section 11-203. Organization of cities and tovras — petition and census.
11-204. Election — how condncted.
11-205. First election for officers.
11-206. Officers elected and conduct of election.
11-209. Old officers continue in office — election.
11-203. (4961) Organization of cities and towns — petition and census. "Whenever the inhabitants of any part of a county desire to be organized into a city or town, they may apply by petition in writing, signed by not less than fifty qualified electors, residents of the state, and residing within the limits of the proposed incorporation, to the board of county commis- sioners of the county in which the territory is situated, which petition must describe the limits of the proposed city or town, and of the several wards thereof, which must not exceed one square mile for each five hundred inhabitants resident therein. The petitioners must annex to the petition a map of the proposed territory to be incorporated, and state the name of the city or town. The petition and map must be filed in the oflBce of the county clerk. Upon filing the petition, the board of county commissioners, at its next regular or special meeting, must appoint some suitable person to take a census of the residents of the territory to be incorporated. After taking the census, the person appointed to take the same must return the list to the board of county commissioners, and the same must be filed by it in the county clerk's office. No municipal corporation must be formed unless the number of inhabitants is three hundred or upwards.
27
11-204 ELECTION LAWS
History: First general municipal in- torical comparisons of the several sections
corporation act was that of Feb. 17, 1881 cannot be made. This section en. Sec. 315,
(L. 1881, pp. 13-38); superseded by Sees. 5th Div. CJomp. Stat. 1887; re-en. Sec. 4720,
315-440, 6th Div. Comp. Stat. 1887. Many Pol. 0. 1895; re-en. Sec. 3208, Rev. C. 1907;
of the provisions of this act are so differ- amd. Sec. 1, Ch. 56, L. 1909; re-en. Sec.
ent from the present law that exact his- 4961, B. 0. M. 1921.
11-204. (4962) Election — how conducted. After filing the petition and census, if there be the requisite number of inhabitants for the formation of a municipal corporation, as required in the preceding section, the county commissioners must call an election of all the qualified electors residing in the territory, described in the petition. Said election must be held at a convenient place within the territory described in the petition, to be designated by the board, notice of which election must be given by publica- tion in some newspaper published within the limits of the territory to be incorporated, or, if none be published therein, by posting notice in three public places within said limits. The notice must be published thirty days prior to the election, and must specify the time and place when and where the same is held, and contain a description of the boundaries of the city or town. The board must appoint judges and clerks of election, who must qualify as required by law, and after the election they must report the result to the board, together with the ballots cast at said election. The bal- lots used at the election must be "For incorporation" or "Against incorpo- ration," and all elections must be conducted as provided in Title 23 of this code.
History: En. Sec. 316, 5th Div. Comp. 3209, Eev. C. 1907; re-en. Sec. 4962, R. Stat. 1887; amd. Sec. 2, p. 178, L. 1889; C. M. 1921. re-en. Sec. 4721, Pol. C. 1895; re-en. Sec.
11-205. (4963) First election for oflBcers. When the incorporation of a city or town is completed, the board of county commissioners must give notice for thirty days in a newspaper published within the limits of the city or town, or, if none be published therein, by posting notices in six public places within the limits of the corporation, of the time and place or places of holding the first election for offices of the corporation. At such election all the electors qualified by the general election laws of the state, and who have resided within the limits of the city or town for six months, and within the limits of the ward for thirty days preceding the election, are qualified electors and may choose officers for the city or town, to hold office as pre- scribed in the next succeeding section.
History: Ap. p. Sec. 318, 5th Div. Oomp. 3210, Bev. 0. 1907; re-en. Sec. 4963, B. C. Stat. 1887; amd. Sec. 2, p. 178, L. 1889; re- M. 1921. en. Sec. 4722, PoL 0. 1895; re-en. Sec.
11-206. (4964) Officers elected and conduct of election. At such elec- tion there must be elected, in a city of the first class, a mayor, a police judge, a city attorney, a city treasurer, a city marshal, and two nldcrmen from each ward into which the city may be divided ; in a city of the second class, a mayor, a police judge, a city treasurer, a city marshal, and two aldermen from each ward ; in a town, a mayor, and two aldermen from each ward, who hold office until the first Monday of May after the first annual elec-
28
CITIES AND TOWNS 11-405
tion, and until their successors are elected and qualified. The persons so
elected must qualify in the manner prescribed by law for county officers.
The board of county commissioners must appoint judges and clerks of
election, and canvass and declare the result thereof. The election must be
conducted in tiie manner required by law for the election of county officers.
History: En, Sec. 318, Bth Dlv. Comp. 3211, Rev. C. 1907; re-en. Sec. 4964, R. Stat. 1887; amd. Sec. 2, p. 178, L. 1889; C. M. 1921. re-en. Sec. 4723, PoL C. 1896; re-en. Sec.
11-209. (4967) Old officers continue in office — election. All officers of such city or town holding office at the time of the adoption of this code remain in office until the next annual election and the first Monday of May next ensuing thereafter, and until their successors are elected and qualified. The duties and compensation of such officers and the liabilities of sureties on official bonds remain the same. All elections must be held under the pro- visions of this code relative to the government of cities and towns.
History: En, Sec. 5034, PoL 0. 1895; re-en. Sec. 3483, Rev. 0. 1907; re-eii. Sec. 4967, R. 0. M. 1921.
CHAPTER 3 CHANGES IN CLASSIFICATION OF CITIES AND TOWNS Section 11-303. New officers — election.
11-303. (4971) New officers — election. The first election of officers of the new municipal corporation organized under the provisions of this chap- ter must be at the first annual municipal election after such proceedings, and the old officers remain in office until the new officers are elected and qualified.
History: En. Sec. 4952, Pol. 0. 1895; re-en. Sec. 3449, Rev. O. 1907; re-en. Sec. 4971, R. C. M. 1921.
CHAPTER 4 ADDITIONS OF PLATTED TRACTS TO CITIES AND TOWNS Section 11-405. Election on the question of annexation.
11-406. (4979) Election on the question of annexation. When a city or town desires to be annexed to another and contiguous city or town, the council of each thereof must appoint three commissioners to arrange and report to the municipal authorities respectively, the terms and conditions on which the annexation can be made, and if the city or town council of the municipal corporation to be annexed approves of the terms thereof, it must by ordinance so declare, and thereupon submit the question of an- nexation to the electors of the respective cities or towns. If a majority of the electors vote in favor of annexation, the council must so declare, and a certified copy of the proceedings for annexation and of the ordinances must be filed with the clerk of the county in which the cities or towns so annexed are situated, and when so filed the annexation is complete, and the city or town to which the annexation is made has power, in addition to other powers
29
11-506 ELECTION LAWS
conferred by this title, to pass all necessary ordinances to carry into effect
the terms of the annexation. Such annexations do not affect or impair any
rights, obligations, or liabilities then existing, for or against either of such
cities or towns.
History: En. Sec, 322, 5th Div. Oomp. re-en. Sec. 3215, Kev, C. 1907; re-en. Sec. Stat. 1887; re-en. Sec. 4727, Pol. C. 1895; 4979, R. C. M. 1921.
CHAPTER 5 ALTERATION OF BOUNDARIES, EXCLUSION AND INCLUSION OF TERRITORY
Section 11-506. Alteration of boundaries of cities and towns — inclusion of territory —
petition and election. 11-507. Submission of question of annexation — election, how conducted and
returned — annexation when complete. 11-508. Territory which may not be annexed. 11-509. Lands used for certain purposes may not be annexed. 11-510. Act applicable to cities of what population.
11-506. Alteration of boundaries of cities and towns — inclusion of terri- tory— petition and election. (1) The boundaries of any incorporated town or city, whether heretofore or hereafter formed, may be altered and new territory or territories annexed thereto, incorporated and included therein, and made a part thereof, upon proceedings being had and taken as in this act provided. The council, or other legislative body of any such municipal corporation, upon receiving a written petition therefor containing a descrip- tion of the new territory or territories asked to be annexed to such corpo- ration, and signed by not less than thirty-three and one-third per cent (333^%) of the resident free holder electors of the territory proposed to be annexed must, without delay, submit to the electors of such municipal corporation and to the electors residing in the territory or territories pro- posed by such petition to be annexed to such corporation, the question whether such new territory or territories shall be annexed to, incorporated in, and made a part of said municipal corporation.
(2) Such question may be so submitted at the next general municipal election to be held in such municipal corporation, or it may be so submitted prior to such general election, either at a special election called therein for that purpose, or at any other municipal election therein, except an election at which the submission of such question is prohibited by law ; and such council or legislative body is hereby empowered to and it shall be its duty to cause notice to be given of such election by the publication of a notice thereof in a newspaper printed and published in such municipal corporation at least once a week for a period of three (3) successive weeks next preced- ing the date of such election, or if there is no newspaper printed in such municipal corporation, then such notice shall be published in like manner for a like period in the nearest town or city in the county in which said territory or territories to be annexed is situated, in which such newspaper is printed. Such notice shall distinctly state the proposition to be submitted, i. e., that it is proposed to annex to, incorporate in, and make a part of such municipal corporation the territory or territories sought to be annexed, specifically describing the boundaries thereof ; and in said notice the qualified electors of said municipal corporation, and the qualified electors residing in said
30
CITIES AND TOWNS 11-507
territory or territories so proposed to be annexed, shall be invited to vote upon such proposition by placing upon their ballots the words "for annexa- tion" or "against annexation," or words equivalent thereto.
(3) Such council or legislative body is hereby empowered, and it shall be its duty, to establish, and in such notice of election designate the voting precinct or precincts, the date of said election, the place or places at which, and the hours between which the polls will be opened for such election, and such other information regarding said election as the said council or legisla- tive body may deem proper. Such place or places shall be that or those commonly used as voting places within such municipal corporation, and also that or those commonly used by the electors residing in such new territory or territories. History: En. Sec. 1, Oh. 168, L. 1945.
11-507. Submission of question of annexation — election, how conducted and returned — annexation when complete. (1) If the question of annexa- tion is submitted at a special election called for such purpose, the city or town council, or other legislative body, shall fix the hours through which the polls are to be kept open, which shall be not less than eight (8), and which must be stated in the notice of election, and may appoint a smaller number of judges than is required at a general city or town election, but in no case shall there be less than three (3) judges in a precinct and such judges shall act as their own clerks. If the question of annexation is sub- mitted at a general city or town election, the polls shall be kept open during the same hours as are fixed for the general election, and the judges and clerks for such general election shall act as the judges and clerks thereof.
(2) Whenever the question of annexation under this title is submitted at either a general city or town election, or at a special election, separate ballots, white in color and of convenient size, shall be provided therefor. The election shall be conducted, and the returns made in the same manner as other city or town elections ; and all election laws governing city and town elections shall govern insofar as they are applicable, but if such question be submitted at a general city or town election, the votes thereon must be counted separately, and separate returns must be made by the judges and clerks at such election. If the said annexation election is held at the same time as a general city or town election, then the returns shall be canvassed by the city or town council at the same time as the returns for such general election; but if the question of annexation is submitted at a special election, then the city or town council shall meet within ten (10) days after the date of the holding of such special election and canvass the returns.
(3) If it is found that a majority of such votes were cast in favor of the annexation, the city or town council, or other legislative body shall, at a regular or special meeting held within thirty (30) days thereafter, pass and adopt a resolution providing for such annexation. Such resolution shall recite that a petition has been filed with the said council or other legislative body with a sufficient number of signatures of thirty-three and one-third per cent (33>S%) of the resident free holder electors of the territory proposed to be annexed ; a description of the boundaries of the
31
11-508 ELECTION LAWS
territory or territories to be annexed ; a copy of the resolution ordering a general or special election thereof, as the case may be ; a copy of the notice of such election; the time and result of the canvass of the votes received in favor of annexation, and the number thereof cast against annexation ; and that the boundaries of such city or town, by such resolution, shall be ex- tended so as to embrace and include such territory or territories as the same are described in the petition for annexation, which said resolution shall be incorporated in the minutes of said council or legislative body.
(4) The clerk or other officer performing the duties of clerk of such council or legislative body, shall promptly make and certify under the seal of said municipal corporation, a copy of said record so entered upon said minutes, which document shall be filed with the clerk of the county in which the city or town to which said territory or territories are sought to be annexed, is situated. From and after the date of the filing of said document in the office of the said county clerk, the annexation of such territory or territories so proposed to be annexed shall be deemed and shall be complete and thenceforth such annexed territory or territories shall be, to all intents and purposes, a part of said municipal corporation, and the said city or town to which the annexation is made, has the power to pass all necessary ordinances pertaining thereto. History: En. Sec 2, Ch. 168, L. 1945.
11-508. Territory which may not be annexed. No territory which, at the time such petition for such proposed annexation is presented to such council or legislative body, forms any part of any incorporated town or city, shall be annexed under the provisions of this act. History: En. Sec. 3, Ch. 168, L. 1945.
11-509. Lands used for certain purposes may not be annexed. No
parcel of land which, at the time such petition for such proposed annexation is presented to such council or legislative body, is used in whole or in part for agricultural, mining, smelting, refining, transportation, or any industrial or manufacturing purpose or any purpose incident thereto, shall be annexed under the provisions of this act. History: En. Sec. 4, Cb. 168, L. 1945.
11-510. Act applicable to cities of what population. This act shall not be applicable to cities having a population, as shown by the last preceding federal census of less than twenty thousand (20,000) and not more than thirty-five thousand (35,000) and shall not repeal section 11-403 having reference to extension of the corporate limits of cities of the first, second and third classes to include contiguous land, but is intended and does provide an alternative method for the annexation of territory or territories to municipal corporations. When any proceedings for annexation of terri- tory or territories to any municipal corporation are commenced under this act the provisions of this act and of such amendments thereto as may thereafter be adopted, and no other, shall apply to such proceedings. History: En. Sec. 5, Oh. 168, L. 1945.
32
CITIES AND TOWNS 11-703
CHAPTER 7
OFFICERS AND ELECTIONS
Section 11-701. Officers of city of the first class.
11-702. Officers of city of second and third classes.
11-703. Officers of towns.
11-707. City or town to be divided into wards.
11-708. Division of cities and towns into wards.
11-709. Annual elections in cities and towns — terms of of&ce.
11-710. Qualification of mayor.
11-711. Terms of aldermen — how decided.
11-712. Terms of office — when to begin.
11-713. Who eligible.
11-714. Qualification of aldermen.
11-715. Registration of electors.
11-716. Qualifications of electors.
11-717. Election judges and clerks — voting places.
11-718. Canvass — when and how made.
11-719. Oath and bonds — vacancy.
11-720. When duties of office begin.
11-721. Vacancies — how filled — removal of officer.
11-701. (4995) Officers of city of the first class. The officers of a city of the first class consist of one mayor, two aldermen from each ward, one police judge, one city treasurer, who may be ex-officio tax collector, who must be elected by the qualified electors of the city as hereinafter provided. There may also be appointed by the mayor, with the advice and consent of the council, one city attorney, one city clerk, one chief of police, one asses- sor, one street commissioner, one city jailer, one city surveyor, and when- ever a paid fire department is established in such city, a chief engineer and one or more assistant engineers, and any other officers necessary to carry out the provisions of this title. The city council may, by ordinance, pre- scribe the duties of all city officers and fix their compensation, subject to the limitations contained in this title.
History: En. Sec. 4740, Pol. C. 1895; re-«n. Sec. 3216, Bev. C. 1907; re-en. Sec.
4995, B. C. M. 1921.
11-702. (4996) Officers of city of second and third classes. The officers of a city of the second and third classes consist of one mayor, two aldermen from each ward, one police judge, one city treasurer, who may be ex-officio tax collector, who must be elected by the qualified electors of the city as hereinafter provided. There may also be appointed bj' the mayor, with the advice and consent of the council, one city clerk, who is ex-officio city assessor, one chief of police, one city attorney, and any other officer neces- sary to carry out the provisions of this title. The city council may prescribe the duties of all city officers, and fix their compensation, subject to the limitations contained in this title.
History: En. Sec. 4741, PoL 0. 1895; re-en. Sec. 3217, Bey. 0. 1907; re-«n. Sec.
4996, B. 0. M. 1921.
11-703. (4997) Officers of towns. The officers of a town consist of one mayor and two aldermen from each ward, who must be elected by the qualified electors of the town as hereinafter provided. There may be ap-
33
11-707 ELECTION LAWS
pointed by the mayor, with the advice and consent of the council, one clerk, who may be ex-oflficio assessor and a member of the council, and one treasurer, who may be ex-officio tax collector, and one marshal, who may be ex-officio street commissioner, and any other officers necessary to carry out the provisions of this title. The town council may prescribe the duties of all town officers, and fix their compensation, subject to the limitations
contained in this title.
History: En. Sec. 4742, Pol. C. 1895; re-en. Sec. 3218, Bev. C. 1907; re-en. Sec. 4997, B. C. M. 1921.
11-707. (5001) City or town to be divided into wards. The first city or town council elected under the provisions of this title must divide the city or town into wards for election and other purposes, having regard to popula- tion so as to make them as nearly equal as possible.
History: En. Sec. 4746, Pol. O. 1896; re-en. Sec. 3222, Bev. 0. 1907; re-en. Sec. 5001. B. 0. M. 1921.
11-708. (5002) Division of cities and towns into wards. Cities of the first class must be divided into not less than four nor more than ten wards ; cities of the second class into not less than three nor more than six wards ; and cities of the third class into not less than two nor more than four wards; and towns into not less than two nor more than three wards. Pro- vided, however, that the town council may by ordinance reduce the number of wards in a town to only one if it so desires. All changes in the number and boundaries of wards must be made by ordinance, and no new ward must be created unless there shall be within its boundaries one hundred and fifty electors, or more.
History: En. Sec. 4747, PoL 0. 1895; Oh. 74, L. 1909; re-en. Sec. 5002, B. C. M. re-en. Sec. 3223, Bev. 0. 1907; amd. Sec. i, 1921; amd. Sec. 1, Ch. 39, L. 1943.
11-709. (5003) Annual elections in cities and towns — ^terms of office. On the first Monday of April of every second year a municipal election must be held, at which the qualified electors of each town or city must elect a mayor and two aldermen from each ward, to be voted for by the wards they respectively represent; the mayor to hold office for a term of two (2) years, and until the qualification of his successor; and each alderman so elected to hold office for a term of two (2) years, and until the qualifi- cation of his successor; and also in cities of the first, second and third class, a police judge and a city treasurer, who shall hold office for a term of two (2) years, and until the qualification of their successors; provided, however, that in all cities and towns when the term of office of the incum- bent mayor, alderman, police judge or city treasurer will not expire until the first Monday in May, 1936, a special election must be held on the first Monday in April, 1936, at which election a successor to such mayor, alder- man, police judge or city treasurer shall be elected for a term of one (1) year, and thereafter no election shall be held for the election of city officers, except every second year.
History: Ap. p. Sec. 4, p. 122, L. 1893; 3224. Bev. 0. 1907; re-en. Sec. 5003, B. amd. Sec. 4748, PoL 0. 1895; re-en. Sec. 0. M. 1921; ankl. Sec. 1. Oh. 60. L. 1935.
34
CITIES AND TOWNS 11-715
11-710. (5004) Qualification of mayor. No person shall be eligible to the office of mayor unless he shall be at least twenty-five (25) years old and a taxpaying freeholder within the limits of the city or town, and a resident of the state for at least three years, and a resident of the city or town or an area which has been annexed by the city or town for which he may be elected mayor two years next preceding his election to said office, and shall reside in the city or town for which he shall be elected mayor during his term of office.
History: En. S«c. 8, p. 65, Ex. L. 1887; 3226, B«v. O. 1907; re-en. Sec. 6004, B. 0. amd. Sec. 4749, Pol. C. 1895; re-en. Sec. M. 1921; amd. Sec. 1, Cii. 76, L. 1961.
11-711. (5005) Terms of aldermen — ^how decided. At the first annual
election held after the organization of a city or town under this title, the
electors of such city or town must elect two aldermen from each ward, who
must, at the first meeting of the council, decide by lot their terms of office,
one from each ward to hold for a term of two years, and one for the term of
one year, and until the qualification of their successors.
History: En. Sec. 4760, Pol. C. 1896; re-en. Sec. 3226, Bev. C. 1907; re-en. Sec. 6006, B. C. M. 1921.
11-712. (5006) Terms of oflSce — when to hegiit. The terms of all
officers elected at a municipal election are to commence on the first Monday
in May after such election.
History: En. Sec. 4761, Pol. C. 1895; re-en. Sec. 3227, Bev. 0. 1907; re-en. Sec. 6006, B. C. M. 1921.
11-713. (5007) Who eligible. No person is eligible to any municipal
office, elective or appointive, who is not a citizen of the United States, and
who has not resided in the town or city or an area which has been annexed
by such town or city for at least two years immediately preceding his
election or appointment, and is not a qualified elector thereof.
History: En. Sec. 366, 6tli Div. Oomp. 6007, B. 0. M. 1921; amd. Sec. 2, Oh. 76, Stat. 1887; amd. Sec. 4752, Pol. 0. 1896; j^ 1961. re-en. Sec. 3228, Bev. C. 1907; re-en. Sec.
11-714. (5008) Qualification of aldermen. No person shall be eligible to the office of alderman unless he shall be a taxpaying freeholder within the limits of a city, and a resident of the ward so electing him, or a resi- dent of an area which has been annexed by the city or town and placed in a ward, for at least sixty (60) days preceding such election.
History: En. Sec. 366, 5th Div. Comp. 50O8, B. C. M. 1921; amd. Sec. 3, Ch. 76, Stat. 1887; amd. Sec. 4763, Pol. 0. 1896; L. 1961; amd. Sec. 1, Ch. 144, L, 1967. re-en. Sec. 3229, Bev. C. 1907; re-en. Sec.
11-715. (5009) Registration of electors. The council must provide by ordinance for the registration of electors in any city or town, and may pro- hibit any person from voting at any election unless he has been registered : but such ordinance must not be in conflict with the general law providing for the registration of electors, and must not change the qualifications of electors except as in this title provided. However, when an area is annexed by a city or town after the date for registration has expired, opportunity
35
11-716 ELECTION LAWS
must be provided for residents of such area to register, if otherwise qualified, for all future elections.
History: En. Sec. 4754, Pol. O. 1896; 6009, R. C. M. 1921; amd. Sec. 4, Oil. 76, re-en. Sec. 3230, Eev. C. 1907; re-en. Sec. L. 1961.
11-716. (5010) Qualifications of electors. All qualified electors of the state who have resided in the city or town or an area which has been an- nexed by such city or town for six months and in the ward or an area which has been annexed and placed in a ward for thirty days next preced- ing the election are entitled to vote at any municipal election, including elections involving or held under the commission form of government, commission-manager plan or other form of municipal government.
History: En. Sec. 4766, Pol. 0. 1895; 5010, B. C. M. 1921; amd. Sec. 5, Cb. 76, re-en. Sec. 3231, Key. 0. 1907; re-en. Sec. L. 1961.
11-717. (5011) Election judges ajid clerks — voting places. The coun- cil or other governing body must appoint judges and clerks of election, and places of voting. Where the city or town is divided into wards there must be at least one (1) voting place in each ward and there may be as many more as the council or other governing body shall fix, and the elector must vote in the ward in which he resides. In cities and towns divided into wards the election precincts must correspond with the wards, but a ward may be subdivided into several voting precincts, and when so divided the elector shall vote in the precinct in which he resides. In cities and towns operating under the commission, or the commission-manager plan of mu- nicipal government, where there are no wards for election purposes and the officers of the city or town are elected at large, the election precincts shall correspond with the election precincts in such city or town as fixed by the board of county commissioners for state and county elections, but such precincts may be by the city commission divided into as many voting precincts, to facilitate the voting and counting of the vote, as the city commission shall by ordinance provide, and the elector shall vote in the voting precinct so designated, in which he resides. For all municipal elec- tions the city council or other governing body may appoint a second or ad- ditional board of election judges for any voting precinct in which there were cast three hundred and fifty (350) or more votes in the last general city election or in which council or other governing body believes as many as three hundred and fifty (350) ballots will be cast in the next general city election, and such additional board of election judges shall have the same powers and duties, and under the same conditions, as the second or addi- tional board of election judges for general elections appointed by boards of county commissioners under the provisions of section 23-601. Provided that in municipal corporations of less than one thousand five hundred (1,500) population, as determined by the last official census, the council or other governing body may by ordinance provide that there shall be but one polling or voting place for municipal elections, notwithstanding the number of wards or precincts in the municipality otherwise provided for. All municipal elections must be conducted in accordance with the general laws of the state of Montana relating to such election.
36
CITIES AND TOWNS 11-721
History: En. S«c. 1, Oh. 187, L. 1907; 1921; amd. Sec. 1, Oh. 19, L. 1939; amd. Sec. S232, Bev. 0. 1907; amd. Sec. 1, Oh. Sec. 1, Oh. 86, L. 1941; amd. Sec. 1, Oh. 69, L. 1909; rfr-en. Sec. 5011, R. O. M. 124, L. 1947; amd. Sec. 1, Oh. 14, I* 1955.
11-718. (5012) Canvass — when and how made. On the Monday follow- ing any election, the council must convene and publicly canvass the result, and issue certificates of election to each person elected by a plurality of votes. When two or more persons have received an equal and highest number of votes for any one of the ofiBces voted for, the council must there- after, at its first regular meeting, decide by vote between th? parties which is elected. If the council from any cause fails to meet on the day named, the mayor must call a special meeting of the council within five days there- after, and, in addition to the notice provided for calling special meetings, must publish the same on two successive days in some newspaper published in such city or town. If the mayor fails to call said meeting within said five days, any three councilmen may call it. At such special meeting all elections, appointments, or other business may be transacted that could have been on the day first herein named.
History: En. Sec 4767, PoL 0. 1896; re-en. Sec. 3233, Bev. 0. 1907; re-en. Sec. 5012, B. 0. M. 1921.
11-719. (5013) Oath and bonds — vacancy. Each officer of a city or town must take the oath of office, and such as may be required to give bonds, file the same, duly approved, within ten days after receiving notice of his election or appointment ; or, if no notice be received, then on or before the date fixed for the assumption by him of the duties of the office to which he may have been elected or appointed, but if any one, either elected or ap- pointed to office, fails for ten days to qualify as required by law, or enter upon his duties at the time fixed by law, then such office becomes vacant ; or if any officer absents himself from the city or town continuously for ten days without the consent of the council, or openly neglects or refuses to dis- charge his duties, such office may be by the council declared vacant; or if any officer removes from the city or town, or any alderman from his ward, such office must be by the council declared vacant.
History: En. Sec 4768, PoL O. 1895; re-en. Sec. 3234, Bev. 0. 1907; re-en. Sec. 6013, B 0. M. 1921.
11-720. (5014) When duties of office begfin. The officers elected enter
upon their duties the first Monday of May succeeding their election, and
officers appointed by the mayor, with the advice and consent of the council,
within ten days after receiving notice of their appointment.
History: En. Sec. 4759, PoL 0. 1895; re- en. Sec. 3235, Bev. 0. 1907; re-en. Sec 5014, B. 0. M. 1921.
11-721. (5015) Vacancies — ^how filled — removal of officer. When any vacancy occurs in any elective office, the council, by a majority vote of the members, may fill the same for the unexpired term, and until the qualifica-
37
11-964 ELECTION LAWS
tion of the successor. A vacancy in the office of alderman must be filled
from the ward in which the vacancy exists, but if the council shall fail to
fill such vacancy before the time for the next election, the qualified electors
of such city or ward may nominate and elect a successor to such office. The
council, upon written charges, to be entered upon their journal, after notice
to the party and after trial by the council, by vote of two-thirds of all the
members elect, may remove any officer.
History: En. Sec. 1, Oil. 72, L. 1903; n-tOL Sec. 3236, Bey. O. 1907; re-en. Sec. 5015, B. O. M. 1921.
CHAPTER 9 POWEES OF CITY AND TOWN COUNCILS
Section 11-964. Disposal or lease of city property — approval of electors, when required.
11-966. Purposes for which indebtedness may be incurred — limitation — addi- tional indebtedness for sewer or water system — procuring water sup- ply and system — jurisdiction of public works appurtenances.
11-988. Power of cities and towns to acquire natural gas and distributing sys- tem therefor.
11-964. (5039.61) Disposal or lease of city property — approval of elec- tors, when required. The city or town council has power ; to sell, dispose of, or lease any property belonging to a city or town, provided, however, that such lease or transfer be made by ordinance or resolution passed by a two- thirds vote of all the members of the council ; and provided further that if such property be held in trust for a specific purpose such sale or lease there- of be approved by a majority vote of taxpayers of such municipality cast at an election called for that purpose ; and provided further that nothing herein contained shall be construed to abrogate the power of the board of park commissioners to lease all lands owned by the city heretofore acquired for parks within the limitations prescribed by subdivision 5 of section 62-204.
History: JSsi. Subd. 62, Sec. 6039, B. C. amd. Sec 1, Ch. 20, L. 1927; amd. Sec. M. 1921; amd. Sec. 1. Oh. 115, L. 1925; 1, Ch. 35, L. 1937.
11-966. (5039.63) Purposes for which indebtedness may be incurred — limitation — additional indebtedness for sewer or water system — procuring water supply and system — jurisdiction of public worlM appurtenances.
The city or town council has power: (1) To contract an indebtedness on behalf of a city or town, upon the credit thereof, by borrowing money or issuing bonds for the following purposes, to-wit: Erection of public buildings, construction of sewers, sewage treatment and disposal plants, bridges, docks, wharves, breakwaters, piers, jetties, moles, waterworks, reservoirs and reservoir sites, lighting plants, supplying the city or town with water by contract, the purchase of fire apparatus, street and other equipment, the construction or purchase of canals or ditches and water rights for supplying the city or town with water, building, purchasing, constructing and maintaining devices intended to protect the safety of the public from open ditches carrying irrigation or other water, to acquire, open and/or widen any street and to improve the same by constructing,
38
CITIES AND TOWNS 11-966
reconstructing and repairing pavement, gutters, curbs and vehicle park- ing strips and to pay all or any portion of the cost thereof, and the funding of outstanding warrants and maturing bonds; provided, that the total amount of indebtedness authorized to be contracted in any form, including the then existing indebtedness, must not, at any time, exceed five per centum (5%) of the total value of the taxable property of the city or town, as ascertained by the last assessment for state and county taxes, said words "value of the taxable property" being used herein in the same sense as in section 6 of article XIII of the constitution ; provided, that no money must be borrowed on bonds issued for the construction, purchase, or securing of a water plant, water system, water supply, sewage treatment and disposal plant, or sewerage system, until the proposition has been submitted to the vote of the taxpayers affected thereby of the city or town, and the majority vote cast in favor thereof; and, further provided, that an additional indebtedness shall be incurred, when neces- sary, to construct a sewerage system or procure a water supply for the said city or town, which shall own or control said water supply and devote the revenue derived therefrom to the payment of the debt.
(2) The additional indebtedness authorized, including all indebtedness theretofore contracted, which is unpaid or outstanding, for the construction of a sewerage system, or for the procurement of a water supply, or for both such purposes, shall not exceed in the aggregate ten per centum (10% ) over and above the five per centum (5%) heretofore referred to, of the total valuation of the taxable property of the city or town as ascertained by the last assessment for state and county taxes; and, provided further, that the above limit of five per centum (5%) shall not be extended, unless the ques- tion shall have been submitted to a vote of the taxpayers affected thereby^ and carried in the affirmative by a vote of the majority of said taxpayers who vote upon such question.
(3) It is further provided, that whenever a franchise has been granted to, or a contract made with, any person or persons, corporation or corpora- tions, and such person or persons, corporation or corporations, in pursuance thereof, or otherwise, have established or maintained a system of water supply, or have valuable water rights or a supply of water desired by the city or town for supplying the said city or town with water, the city or town granting such franchise or entering in such contract or desiring such water supply, shall, by the passage of an ordinance, give notice to such person or persons, corporation or corporations, that it desires to purchase the plant and franchise and water supply of such person or persons, corporation or corporations, and it shall have the right to so purchase the said plant or water supply, upon such terms as the parties agree ; in case they cannot agree, then the city or town shall proceed to acquire the same under the laws relating to the taking of private property for public use, and any city or town acquiring property under the laws relating to the taking of private property for public use, shall make payment to the owner or owners of the plant or water supply of the value thereof legally determined, within six (6) months from and after final judgment is entered in the condemnation proceedings. For the purpose of
39
11-988 ELECTION LAWS
providing the city or town with an adequate water supply for municipal and domestic purposes, the city or town council shall procure and appropriate water rights and title to the same, and the necessary real and personal prop- erty to make said rights and supply available, by purchase, appropriation, location, condemnation, or otherwise.
(4) Cities and towns shall have jurisdiction and control over the ter- ritory occupied by their public works, and over and along the line of reservoirs, streams, trenches, pipes, drains, and other appurtenances used in the construction and operation of such works, and also over the source of stream for which water is taken, for the enforcement of its sanitary ordi- nances, the abatement of nuisances, and the general preservation of the purity of its water supply, with power to enact all ordinances and regula- tions necessary to carry the powers hereby conferred into effect. For this purpose the city or town shall be authorized to condemn private property in the manner provided by law, and shall have authority to levy a just and equitable tax on all consumers of water for the purpose of defraying the expenses of its procurement.
History: En. Subd. 64, Sec. 5039, R. C. 1953; amd. Sec. 1, Ch. 34, L. 1955; amd.
M. 1921; amd. Sec. 1, Ch. 115, L. 1925; Sec. 1, Ch. 38, L. 1969; amd. Sec. 1, Ch.
amd. Sec. 1, Ch. 20, L. 1927; amd. Sec. 1, 158, L. 1963. See also history of Sec.
Ch. 35, L. 1947; amd. Sec. 1, Ch. 152, L. 11-901.
11-988. (5039.85) Power of cities and towns to acquire natural gas and distributing system therefor. The city or town council has power to con- tract an indebtedness of a city or town upon the credit thereof by borrow- ing money or issuing bonds for the construction, purchase or development of an adequate supply of natural gas, and to construct or purchase a system of gas lines for the distribution thereof to the inhabitants of said city or town or vicinity ; provided, that the total amount of indebtedness authorized to be contracted in any form, including the then existing indebtedness must not at any time exceed three per centum (3%) of the total assessed valuation of the taxable property of the city or town as ascertained by the last assess- ment for state and county taxes, and provided further, that no money must be borrowed or bonds issued for the purposes herein specified until the proposition has been submitted to the vote of the taxpayers affected thereby of the city or town, and the majority vote cast in favor thereof. History: En. Sec. 1, Ch. 128, L. 1927.
CHAPTER 10
POWERS OF CITY AND TOWN COUNCILS (continued)
Section 11-1008. Public baths,
11-1015. Parking meters in cities or towns of 2,500 population or less.
11-1016. Referendum on parking meters required before ordinance.
11-1017. Existing meters and ordinances unaffected.
11-1019. Operation of bus lines — contracting indebtedness.
11-1020. Operation subject to Motor Carrier Act — exception.
11-1021. Contracts or lease arrangements with independent carriers of pas- sengers— when authorized — levy of tax.
11-1022. Bids for service — operation of carriers.
40
CITIES AND TOWNS 11-1017
11-1008. (5045) Public baths. All cities or towns incorporated under the laws of the state of Montana, in addition to other powers conferred upon them, are hereby empowered and authorized to establish and maintain a public bathing place within said city or town, and to defray the cost and expense of maintaining said public bathing place, said city or town is hereby authorized and empowered to contract an indebtedness, upon behalf of said city or town, upon the credit thereof, by borrowing money or issuing bonds ; provided, that no money may be borrowed, and no bonds may be issued for said purpose, until the proposition has been submitted to the vote of the tax- payers affected thereby of the city or town, and a majority vote be cast therefor.
History: En. Sec. 1, Oh. 12, L. 1905; re-en. Sec. 32d4, Bev. C. 1907; re-em. Sec. 5046, R. C. M. 1921.
11-1015. Parkiiig meters in cities or towns of 2,500 population or leas.
Any city or town council of any incorporated city or town of twenty-five hundred (2500) population or less is hereby empowered to enact an ordi- nance or ordinances :
(a) To purchase, rent, lease or otherwise acquire coin operating park- ing meters, or other devices, or instruments used for the purpose of measur- ing the duration of time an automobile or other vehicle is parked.
(bj To install, maintain and operate said meters, devices or instruments at or near any public street, highway, avenue or other public place within the corporate limits of such city or town.
(c) To provide for such regulations as necessary to govern the use of its public streets, highways, avenues or other public places for the purpose of parking automobiles or other vehicles, and the use of said meters, devices or instruments in conjunction therewith, including the establishment and designation of zones or areas where said meters, devices or instruments are to be used. History: En. Sec. 1, Ch. 91, L. 1949.
11-1016. Referendum on parking meters required before ordinance.
Provided, however, that no ordinance or ordinances providing for the pur- chasing, renting, leasing or otherwise acquiring or installing, maintaining, operating or using such parking meters, devices or instruments shall be enacted until and unless the question of whether or not such ordinance or ordinances shall be enacted has been submitted to the qualified electors of such city or town at a general election or special election called for that purpose, and unless at such election a majority of the votes cast for and against the question shall have been in favor of the enacting of said ordi- nance or ordinances. History: En. Sec. 2, Ch. 91, L. 1949.
11-1017. Existing meters and ordinances unaffected. Nothing herein contained shall affect the validity of any ordinance relating to parking meters or similar devices or instruments heretofore adopted by any city or town, or any extension thereof hereafter made. History: En. Sec. 3, Oh. 91, I<. 1949.
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11-1019 ELECTION LAWS
11-1019. Operation of bus lines — contracting indebtedness. Whenever a city or town is not being served by a bus company or operator, operating on a regular schedule, and under the jurisdiction of the Montana railroad and public service commission or if such service is to be or is likely to be discontinued in the immediate future, the city or town council of any incorporated city or town shall have the power to contract an indebtedness of any such city or town upon the credit thereof by borrowing money or issuing bonds for the purchase, development, operation or leasing of motor buses and bus lines for the transportation of passengers within the corpo- rate limits of such cities and towns, and to operate the same to any point or points beyond said limits not to exceed eight (8) miles, measured along the route of said bus line ; provided that the total amount of indebtedness authorized to be contracted in any form, including the then existing in- debtedness must not at any time exceed five per centum (5%) of the total assessed valuation of the taxable property of the city or town as ascer- tained by the last assessment for state and county taxes, and provided further, that no money must be borrowed or bonds issued for the purposes herein specified until the proposition has been submitted to the vote of the taxpayers affected thereby of the city or town, and the majority vote cast in favor thereof.
History: En. Sec. 1, Oil. 101. L. 1951; amd. Sec. 1, Oh. 211, L. 1956; amd. Sec. 1, Oh. 120, L. 1957.
11-1020. Operation subject to Motor Carrier Act — exception. The said
city or town council or commission shall have authority to provide for the
management and operation of said system ; and to do all the things necessary
for the successful operation of said transportation system. Such operations
shall be subject to all the provisions of the Motor Carrier Act (sections 8-101
to 8-129, Revised Codes of Montana, 1947) except that such municipality
may be issued a certificate of public convenience and necessity without
proof of the existence of public convenience and necessity, and except that
the municipality shall be exempt from the payment of fees provided by
sections 8-116 and 8-127, Revised Codes of Montana, 1947.
History: En. Sec. 2, Oh. 101, L. 1951; amd. Sec. 1, Oh. 211, L. 1955; amd. Sec. 1, Oh. 120, L. 1957.
11-1021. Contracts or lease arrangements with independent carriers of passengers — when authorized — levy of tax. Whenever a city or town is not being served by a bus company or operator, operating on a regular schedule, and under the jurisdiction of the Montana railroad and public service commission or if such service is to be, or is likely to be, discontinued in the immediate future, the city or town council of any incorporated city or town shall have the power to enter into a contract or contracts, or to enter into a lease or a lease and operating agreement, with an independ- ent carrier or independent carriers for the transportation of passengers by bus within the corporate limits of such city or town and to and from any point or points beyond said limits not to exceed eight (8) miles measured along the route of said bus line or lines ; and for the purpose of
42
CITIES AND TOWNS 11-1104
raising the necessary moneys to defray the cost of such transportation service pursuant to such contract or contracts, lease or lease and operating agreement, with such independent carrier or carriers the city or town council shall have power to annually levy a tax on the taxable value of all taxable property within the limits of such city or town ; provided, however, that whenever the council of such city or town shall deem it necessary to raise money by taxation for such purpose in excess of the levy now allowed by law the council of such city or town shall in the manner prescribed by law, submit the question of such additional levy to the legal voters of such city or town who are taxpaying freeholders therein, either at the regular annual election held in said city or town, or at a special election called for that purpose by the council of such city or town ; pro- vided, however, that such additional levy in excess of the levy now allowed by law shall not exceed one and one-half (11/2) mills.
History: En. Sec. 3, Ch. 211, L. 1956; amd. Sec. 1, Ch. 120, L. 1957.
11-1022. Bids for service — operation of carriers. The said city or town council shall have power and authority to call for bids from independent carriers for such transportation service, and to do all things necessary or proper for establishment and maintenance of such transportation service by contract, lease or lease and operating agreement.
History: En. Sec. 4, Ch. 211, L. 1956; amd. Sec. 1, Oh. 120, L. 1967.
CHAPTER 11 ORDINANCES— INITIATIVE AND BETEBENDUM
Section 11-1104. Initiative in cities — petition.
11-1105. Submission of question at regular election.
11-1106. No ordinance to be effective until thirty days after passage.
11-1107. Beferendum petition.
11-1108. Beferendum to be had at regular election.
11-1109. Special election may be ordered.
11-1110. Proclamation of election.
11-1111. Ballots and method of voting.
11-1112. Qualifications of voters.
11-1113. Forms of petitions and conduct of proceedings.
11-1114. To what ordinances applicable.
11-1104. (5058) Initiative in cities — petition. (1) Ordinances may be proposed by the legal voters of any city or town in this state, in the manner provided in this act. Fifteen per cent (15%) of the legal voters of any city or town may propose to the city or town council an ordinance on the subject within the legislative jurisdiction and powers of such city or town council, or an ordinance amending or repealing any prior ordi- nance or ordinances. Such petition shall be filed with the city or town clerk. It shall be the duty of the city or town clerk to present the same to the council at its first meeting next following the filing of the petition. The council may, within sixty (60) days after the presentation of the petition to the council, pass an ordinance similar to that proposed in the petition, either in exact terms or with such changes, amendments, or
43
11-1104 ELECTION LAWS
modifications as the council may decide upon. If the ordinance proposed by the petition be passed without change, it shall not be submitted to the people, unless a petition for referendum demanding such submission shall be filed under the provisions of this act.
(2) If the council shall have made any change in the proposed ordi- nance, a suit may be brought in the district court in and for the county in which the city or town is situated, to determine whether or not the change is material. Such suit may be brought in the name of any one or more of the petitioners. The city shall be made the party defendant. Any elector of the city or town may appear in such suit in person or by counsel on the hearing thereof, but the court shall have the power to limit the number of counsel who shall be heard on either side, and the time to be allowed for argument. It shall only be necessary to state in the complaint that a petition for an ordinance was filed in pursuance of this act ; that the city council passed an ordinance on the subject different from that proposed in the petition; and that the plaintiff desires a con- struction of the ordinance so passed to determine whether or not it differ materially from that proposed. The petition and the ordinance proposed thereby, and the ordinance actually passed, may be set out in the com- plaint, or copies thereof annexed to the complaint. The names to the petition need not be set out. Such cases shall be advanced and brought to hearing as speedily as possible, and have precedence over other cases, except criminal and taxation cases.
(3) The court shall have jurisdiction in such cases to determine whether or not the change made by the city council is material, and also whether the petition was regular in form or substance, and shall also have power to decide, if the fact be put in issue by the defendant, whether or not the petition was signed by a sufficient number of voters and was regular in form. If the court shall decide that the change was material and that the petition was regular in form and signed by a sufficient number of legal voters, then the ordinance proposed by the petition shall be submitted to the people as provided in this act. If the court shall decide that the ordinance passed by the council was not materially different from that proposed in the petition, or the petition was not regular in form, or not signed by a suflScient number of legal voters, the ordinance shall not be submitted to the people. If the court shall decide that the changes made by the council were material, but that the petition was irregular for some reason, or not properly or sufficiently signed, a new petition, regular in form, may be presented by the required number of legal voters, asking the council to submit such ordinance to the people, and thereupon the same shall be so submitted as provided in this act.
(4) If the council shall not, within sixty days, pass an ordinance on the subject of the ordinance proposed in the petition, then the ordinance proposed by the petition shall be submitted to the people. Before sub- mitting such ordinance to the people, the mayor or city or town council may direct that a suit be brought in the district court in and for the county, in the name of the city or town, to determine whether the petition and ordinance are regular in form, and whether the ordinance so proposed
44
CITIES AND TOWNS 11-1106
would be valid and constitutional. The complaint shall name as defendants not less than ten nor more than twenty of the petitioners. In addition to the names of such defendants, in the caption of the complaint, there shall be added the words, "and all petitioners whose names appear on the petition
for an ordinance filed on the day of , in the year
," stating the date of filing. The summons shall be similarly
directed and shall be served on the defendants named therein, and in addi- tion thereto shall be published at least once, at the expense of the city, in at least one newspaper published in the city or town.
(5) In all suits brought under this section the decision of the district court shall be final except in cases where it shall decide that the proposed ordinance would be unconstitutional or invalid as being beyond the powers of the city or town council, and in such excepted cases the petitioners, or any of them, may appeal to the supreme court as in other cases, but shall not be required to give any bond for costs. The decision of the district court holding such ordinance valid or constitutional shall not, however, prevent the question being raised subsequently, if the ordinance shall be passed and go into effect, by anyone affected by the ordinance. No costs shall be allowed to either side in suits or appeals under this section.
(6) If an ordinance shall be repealed pursuant to a proposal initiated by the legal voters of a city or town, as in this section provided, the city or town council may not, within a period of two years thereafter, re-enact such ordinance or any ordinan-ce so similar thereto as not to be materially different therefrom. If during such two-year period the council shall enact an ordinance similar to the one repealed pursuant to initiative of the voters, a suit may be brought to determine whether such new ordinance be a re- enactment without material change of the one so repealed, and the pro- visions of subsections 2 and 3 hereof shall apply to such suit and determina- tion of the issues arising thereon. Nothing herein contained shall prevent exercise of the initiative herein provided for, at any time, to procure a re- enactment of an ordinance repealed pursuant to initiative of the voters.
History: En. Ch. 167, L. 1907; Sec. R. C. M. 1921; amd. Sec. 1, Ch. 24, L.
3266, Rev. 0. 1907; re-en. Sec. 6058, 1951; amd. Sec. 1, Ch. 126, L, 1967.
11-1105. (5059) Submission of question at regfidar election. Any ordi- nance proposed by petition as aforesaid, which shall be entitled to be sub- mitted to the people, shall be voted on at the next regular election to be held in the city or town, unless the petition therefor shall ask that the same be submitted at a special election, and such petition be signed by not less than fifteen per cent of the electors qualified to vote at the last preceding munici- pal election.
History: En. Oh. 167, L. 1907; Sec.
3267, Rev. 0. 1907; re-en. Sec. 5059, R. C. M. 1921.
11-1106. (5060) No ordinance to be effective until thirty days after passage. No ordinance or resolution passed by the council of any city or town shall become effective until thirty days after its passage, except gen- eral appropriation ordinances providing for the ordinary and current ex-
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11-1107 ELECTION LAWS
penses of the city or town, excepting also emergency measures, and in the case of emergency measures the emergency must be expressed in the pre- amble or in the body of the measure, and the measure must receive a two- thirds vote of all the members elected. In emergency ordinances the resolu- tions shall include only such measures as are immediately necessary for the preservation of peace, health, and safety, and shall not include a franchise or license to a corporation or individual, nor any provisions for the sale of real estate, nor any lease or letting of any property for a period exceeding one year, nor the purchase or sale of personal property exceeding five thou- sand dollars in value.
History: En. Cli. 167, L. 1907; Sec. 3268, Rev. 0. 1907; re-en. Sec. 6060, B. C. M. 1921.
11-1107. (5061) Referendum petition. During the thirty (30) days
following the passage of any ordinance or resolution, ten per cent (10%)
of the qualified electors of the city or town may, by petition addressed to
the council and filed with the clerk of the city or town, demand that such
ordinance or resolution, or any part or parts thereof, shall be submitted
to the electors of the city or town.
History: En. Ch. 167, L. 1907; re-en. Sec. 3269, Rev. C. 1907; re-en. Sec. 5061, R. C. M. 1921; amd. Sec. 1, Ch. 94, L. 1967.
11-1108. (5062) Beferendum to be had at r^fnlar election. Any meas- ure on which a referendum is demanded under the provisions of this act shall be submitted to the electors of the city or town at the next municipal elec- tion; provided, the petition or petitions shall have been filed with the city clerk at least thirty days before such election. If such petition or petitions be signed by not less than fifteen per cent of the qualified electors of the city or town, the measure shall be submitted at a special election to be held for the purpose.
History: En. Oh. 167, L. 1907; re-en. Sec. 3270, Rev. 0. 1907; re-en. Sec. 5062, R. O. M. 1921.
11-1109. (5063) Special election may be ordered. The city or town
council may in any case order a special election on a measure proposed by the
initiative, or when a referendum is demanded, or upon any ordinance
passed by the city or town council, and may likewise submit to the electors,
at a general election, any ordinance passed by the city or town council.
History: En. Oh. 167, L. 1907; r»-en. Sec. 3271, Rev. 0. 1907; re-en. Sec. 5063, R. O. M. 1921.
11-1110. (5064) Proclamation of election. Whenever a measure is ready for submission to the electors, the clerk of the city or town shall, in writing, notify the mayor thereof, who, forthwith, shall issue a proclamation setting forth the measure and the date of the election or vote to be had thereon. Said proclamation shall be published four days in four consecu- tive weeks in each daily newspaper in the municipality, if there be such,
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CITIES AND TOWNS 11-1113
otherwise in the weekly newspapers published in the city or town. In case
there is no weekly newspaper published, the proclamation and the measure
shall be posted conspicuously throughout the city or town,
History: En. Oil. 167, L. 1907; re-en. Sec. 3272, Rev. C. 1907; re-en. Sec. 6061, B. C. M. 1921.
11-1111. (5065) Ballots and method of voting. The question to be bal- loted upon by the electors shall be printed on the initiative or referendum ballot, and the form shall be that prescribed by law for questions submitted at state elections. The referendum or initiative ballots shall be counted, canvassed, and returned by the regular board of judges, clerks, and officers, as votes for candidates for office are counted, canvassed, and returned. The returns for the questions submitted by the voters of the municipality shall be on separate sheets, and returned to the clerk of the municipality. The returns shall be canvassed in the same manner as the returns of regular elections for municipal officers. The mayor of the municipality shall issue his proclamation, as soon as the result of the final canvass is known, giving the whole number of votes cast in the municipality for and against such measure, and it shall be published in like manner as other proclamations herein provided for. A measure accepted by the electors shall take effect five days after the vote is officially announced.
History: En. Sec. 167, L. 1907; re-en. Sec. 3273, Bev. 0. 1907; re-en. Sec. 6065, B. C. M. 1921.
11-1112. (5066) Qualifications of voters. The qualifications for voting
on questions submitted to the electors, under the provisions hereof, shall be
the same as those required for voting at municipal elections in the city or
town at elections for mayor or aldermen thereof. And where, by the laws of
the state, or by ordinance of the city or town made in pursuance thereof,
electors are required to register in order to be qualified to vote at municipal
elections, the registration book or books shall be prima facie evidence of
the right to sign any petition herein provided for.
History: En. Oh. 167, L. 1907; re-en. Sec. 3274, Bev. 0. 1907; re-en. Sec. 6066^ B. 0. M. 1921.
11-1113. (5067) Forms of petitions and conduct of proceedings. The
form of petitions and the proceedings under this act shall conform as nearly
as possible, with the necessary changes as to details, to the provisions of
the laws of the state relating to the initiative and referendum, and be
regulated by such laws, except as otherwise provided in this act. The city
clerk shall perform the duties which, under the state laws, devolve upon
the county clerk and secretary of state, insofar as the provisions relating
thereto may be made to apply to the case of the city or town clerk ; but it
shall not be necessary to mail or distribute copies of the petitions or
measures to the electors of the city or town.
History: En. Oh. 167, L. 1907; re-en. Sec. 3276, Bev. O. 1907; re-en. Sec. 5067, B. O. M. 1921.
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11-1114 ELECTION LAWS
11-1114. (5068) To what ordinances applicable. The provisions of this act regarding the referendum shall not apply to ordinances which are re- quired by any other law of the state to be submitted to the voters or the electors or taxpayers of any city or town.
History: En. Ch. 167, L. 1907; re-«n. Sec. 3276, Rev. C. 1907; re-en. Sec. 6068, R. C. M. 1921.
CHAPTER 12
CONTRACTS AND FRANCHISES
Section 11-1202. Awarding contracts — advertisement — limitations — installments — sales of supplies — construction of buildings — purchases from government agencies — exemptions.
11-1206. Franchise, how granted.
11-1207. Grant of franchise must be submitted to tax-paying freeholders.
11-1208. Same — notice of election.
11-1209. When voted, council must pass ordinance.
11-1202. (5070) Awarding^ contracts — advertisement — limitations — in- stallments— sales of supplies — construction of buildings — purchases from government agencies — exemptions. All contracts for work, or for sup- plies, or for material, or for the construction of any building, for which must be paid a sum exceeding one thousand dollars ($1,000.00), must be let to the lowest responsible bidder after advertisement for bids; provided that no contract shall be let extending over a period of three (3) years or more without first submitting the question to a vote of the taxpaying electors of said city or town. Such advertisement shall be made in the official newspaper of the city or town, if there be such official newspaper, and if not it shall be made in a daily newspaper of general circulation published in the city or town, if there be such, otherwise by posting in three (3) of the most public places in the city or town. Such advertise- ment if by publication in a newspaper shall be made once each week for two consecutive weeks and the second publication shall be made not less than five (5) days nor more than twelve (12) days before the con- sideration of bids. If such advertisement is made by posting, fifteen (15) days must elapse, including the day of posting, between the time of the posting of such advertisement and the day set for considering bids. The council may postpone action as to any such contract until the next reg- ular meeting after bids are received in response to such advertisement, may reject any and all bids and readvertise as herein provided. The pro- visions of this section as to advertisement for bids shall not apply upon the happening of any emergency caused by fire, flood, explosion, storm, earthquake, riot or insurrection, or any other similar emergency, but in such case the council may proceed in any manner which, in the judgment of three-fourths (%) of the members of the council present at the meet- ing, duly recorded in the minutes of the proceedings of the council by aye and nay vote, will best meet the emergency and serve the public interest. Such emergency shall be declared and recorded at length in the
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CITIES AND TOWNS 11-1207
minutes of the proceedings of the council at the time the vote thereon is taken and recorded.
When the amount to be paid under any such contract shall exceed one thousand dollars ($1,000.00) the council may provide for the payment of such amount in installments extending over a period of not more than three (3) years; provided that when such amount is extended over a term of two (2) years at least forty per centum (40%) thereof shall be paid the first year and the remainder the second year, and when such amount is extended over a term of three (3) years, at least one-third (1/3) thereof shall be paid each year; provided that at the time of entering into such contract, there shall be an unexpended balance of appropriation in the budget for the then current fiscal year available and sufficient to meet and take care of such portion of the contract price as is payable during the then current fiscal year, and the budget for each following year, in which any portion of such purchase price is to be paid, shall contain an appropriation for the purpose of paying the same.
Old supplies or equipment may be sold by the city or town to the highest responsible bidder, after calling for bid purchasers as herein set forth for bid sellers, and such city or town may trade in supplies or old equipment on new supplies or equipment at such bid price as will result in the lowest net price.
Also a city or town may, without bid, when there are sufficient funds in the budget for supplies or equipment, purchase such supplies or equip- ment from government agencies available to cities or towns when the same can be purchased by such city or town at a substantial saving to such city or town.
All necessary contracts for professional, technical, engineering and legal services are excluded from the provisions of this act.
History: En. Sec. 1, Ch. 48, L. 1907; Sec. 1, Ch. 59, L. 1941; amd. Sec. 1, Ch.
re-en. Sec. 3278, Bev. C, 1907; re-en. Sec. 153, L. 1947; amd. Sec. 1, Ch. 139, L. 1949;
5070, R. C. M. 1921; amd. Sec. 1, Ch. 22, amd. Sec. 1, Ch. 220, L. 1959; amd. Sec.
I*. 1927; amd. Sec. 1, Ch. 18, L. 1939; amd. 1, Ch. 26, K 1963.
11-1206. (5074) Franchise, how granted. The council must not grant a franchise or special privilege to any person save and except in the manner specified in the next section. The powers of the council are those only ex- pressly prescribed by law and those necessarily incident thereto.
History: En. Sec. 4813, PoL C. 1896; Ch. 29, L. 1921; re-en. Sec. 5074, R. C. M. re-en. Sec. 3290, Rev. 0. 1907; amd. Sec. 1, 192L
11-1207. (5075) Grant of franchise must be submitted to tax-paying
freeholders. No franchise for any purpose whatsoever shall be granted by
any city or town, or by the mayor or city council thereof, to any person or
persons, association, or corporation, without first submitting the application
therefor to the resident freeholders whose names shall appear on the city
or county tax-roll preceding such election.
History: En, Sec. 1, Ch. 86, L. 1903; 5076, R. C. M. 1921. re-eiL Sec. 32dl, Rev. O. 1907; re-en. Sec.
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11-1208 ELECTION LAWS
11-1208. (5076) Same — ^notice of election. A notice of such election must be published at least in one daily newspaper, if there be one published in the city or town, and if not, in some weekly newspaper of general circula- tion, at least once a week for three successive weeks, and such notice must be posted in three public places in the city or town. The notice must state the time and place of holding the election, and the character of any such franchise applied for, and the valuable consideration, if any there be, to be derived by the city. At such election the ballots must contain the words, "For granting franchise," "Against granting franchise," and in voting, the elector must make a cross thus, "X," opposite the answer he intends to vote for. Such election must be conducted and canvassed and the return made in the same manner as other city or town elections.
History: En. Sec 2, Oh. 85, L. 1903; re-en. Sec. 3292, Eev. C, 1907; re-en. Sec.
5076, B. C. M. 1921.
11-1209. (5077) When voted, council must pass ordinance. If the majority of the votes cast at the election be "For granting franchise," the mayor and city council must thereupon grant the same by the passage and approval of a proper ordinance.
History: En. Sec. 3. Ch. 85, L. 1903; re-en. Sec. 3293 Bev. 0. 1907; re-en. Sec.
5077, E. C. M. 1921.
CHAPTER 17 MUNICIPAL COURTS Section 11-1703. Election of judges — term of office.
11-1703. (5094.3) Election of judges— term of office. There shall be elected at the general city election in the year 1936 in all cities with a popu- lation of twenty thousand (20,000) and over, one judge of municipal court. The term of such judge so elected shall commence on the first Monday in May, 1936, and terminate on the first Monday in May, 1938. Thereafter, judges of municipal courts shall be elected at the general city elections in all even numbered years. Such judges shall hold office for the term of two years from the first Monday of May in the year in which they are elected and until their successor is elected and qualified. All elections of municipal judges shall be under and governed by the laws applicable to the election of city officials, except that the names of candidates for munici- pal judge shall be placed on the ballot to be used at such election without any party designation or any statement, measure or principal which the candidate advocates or any slogan after his name. History: En. Sec. 3, Ob. 177, L. 1935.
CHAPTER 20
FIEE PBOTECTION IN UNINCORPOEATED TOWNS— FIRE WARDENS,
COMPANIES AND DISTRICTS
Section 11-2010. Trustees of fire districts — mutual aid agreements.
11-2010. (5149) Trustees of fire districts— mutual aid agreements.
(a) Whenever the board of county commissioners shall have established
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CITIES AND TOWNS 11-2010
a fire district in any unincorporated territory, town or village, said com- missioners may contract with a city, town or private fire company to furnish fire protection for property within said district, or shall appoint five qualified trustees to govern and manage the affairs of the fire district, who shall hold oflSce until their successors are elected and qualified, as hereinafter provided. Qualifications of electors and trustees, terms of office, vacancies, manner and date of elections, shall, as far as possible, be the same as provided in the school election laws for school districts of the second class; except, that only electors who are taxpayers affected by the special fire district levies may vote at such elections, and be qualified to serve as trustees; and except, also, there need be no special registration of electors.
(b) Power of trustee. The trustees shall organize by choosing a chair- man, and appointing one member to act as secretary. They shall prepare and adopt suitable by-laws; appoint and form fire companies that shall have the same duties, exemptions, and privileges as other fire companies. The trustees shall have the authority to provide adequate and standard fire-fighting apparatus, equipment, housing and facilities for the protection of the district; and shall prepare annual budgets and request special levies therefor. The budget laws relating to county budgets, shall, as far as applicable, apply to fire districts.
(c) The trustees of such fire district may contract with the council of any city or town, or with the trustees of any other fire district estab- lished in any unincorporated territory, town or village, lying within five (5) miles of the farthest limits of the district, whether such city or town or other fire district shall lie within the same county or another county, for the extension of fire protection service by such city or town, or by such other fire district, to property included within the district, and may agree to pay a reasonable consideration therefor, provided, that the owners of ten per cent (10%) of the taxable value of the property in any fire district may elect to make a contract with the city fire department for fire protection, or to be included in the fire district protection facilities. Likewise, the trustees may contract to permit the fire district equipment and facilities to be used by or for such cities or towns lying within the district, or by such cities, towns, or other fire districts lying within five (5) miles of the farthest limits of the district.
(d) A mutual aid agreement is an agreement for protection against natural or man-made disasters. Fire district trustees may enter such agreements with the proper authority of
(1) other fire districts
(2) unincorporated municipalities
(3) incorporated municipalities
(4) state agencies which have fire prevention services
(5) private fire prevention agencies
(6) federal agencies.
History: En. Sec. 1, Ch, 107, K 1911; amd. Sec. 2, Ch. 75, L. 1953; amd. Sec. 2,
amd. Sec. 1, Ch. 19, L. 1921; re-en. Sec. Ch. 77, L. 1969; amd. Sec. 1, Ch. 118, L.
5149, R. C. M. 1921; amd. Sec. 1, Ch. 130, 1959; amd. Sec. 1, Ch. 2, L. 1965. K 1925; amd. Sec. 3^ Ch. 97, L. 1947;
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11-2217 ELECTION LAWS
CHAPTER 22 SPECIAL IMPROVEMENT DISTRICTS
Section 11-2217. Cities and towns may establish sewage treatment and disposal plants and systems and water supply and distribution systems.
11-2218. May issue revenue bonds — sinking fund — refunding revenue bonds.
11-2271. Loans from revolving fund for paying improvement district warrants — authorization by electors.
11-2275. Creation and maintenance of fund.
11-2276. Issuance of bonds — submission to electors.
11-2217. Cities and towns may establish sewag-e treatment and disposal plants and systems and water supply and distribution systems. Any city
or town may when authorized so to do by a majority vote of the qualified electors voting on the question establish, build, construct, reconstruct and/or extend a storm and/or sanitary sewerage system and/or a plant or plants for treatment or disposal of sewage therefrom, or a water supply and/or distribution system, or any combinations of such systems, and may operate and maintain such facilities for public use, and in addition to all other powers granted to it, such municipality shall have authority, by ordinance duly adopted by the governing body to charge just and equitable rates, charges or rentals for the services and benefits directly or indirectly furnished thereby. Such rates, charges or rentals shall be as nearly as possible equitable in proportion to the services and benefits rendered, and sewer charges may take into consideration the quantity of sewage produced and its concentration and water pollution qualities in general and the cost of disposal of sewage and storm waters. The sewer charges may be fixed on the basis of water consumption or any other equitable basis the govern- ing body may deem appropriate and, if the governing body determines that the sewage treatment and/or storm water disposal prevents pollution of sources of water supply, may be established as a surcharge on the water bills of water consumers or on any other equitable basis of measuring the use and benefits of such facilities and services. In the event of nonpayment of charges for either water or sewer service and benefits to any premises, the governing body may direct the supply of water to such premises to be discontinued until such charges are paid.
In this act "qualified electors" shall mean registered electors of the municipality whose names appear upon the last preceding assessment roll for state and county taxes as taxpayers upon property within the munici- pality. The question of building, constructing, reconstructing or extending the system, plant or plants and the question of issuing and selling revenue bonds for such purpose may be submitted as a single proposition or as separate propositions. Any election under this act may be called by a resolution of the governing body which it may adopt without being pre- viously petitioned to do so.
History: En. Sec. 1, Oh. 149, L 1943; amcL Sec. 1, OIl 100, L. 1947; amd. Sec. 1, Oh. 98, L. 1966.
11-2218. May issue revenue bonds — sinking fund — refunding revenue bonds. (1) Any such municipality may issue and sell negotiable revenue
52
CITIES AND TOWNS 11-2218
bonds for the construction of any such water or sewer system or combined water and sewer system when authorized so to do by a majority vote of the qualified electors voting on the question at an election called by the city council or other governing body of the municipality for that purpose, and noticed and conducted in accordance with the provisions of sections 11-2308 to 11-2310, inclusive; which bonds shall bear interest at a rate or rates and shall be sold at a price resulting in an average net interest cost, computed to the stated bond maturity dates, of not more than six per cent (6%) per annum and all bonds shall mature within forty (40) years from date of bonds, and may be registered as to ownership of principal only with the treasurer of said municipality, if so directed by the governing body. No bonds shall be sold for less than par, and each of said bonds shall state plainly on its face that it is payable only from a sinking fund, naming said fund and the ordinance and resolution creating it, and that it does not create an indebtedness within the meaning of any charter, statutory or constitutional limitation upon the incurring of indebtedness.
(2) Prior to the issuance of said bonds the city council or other governing body of such municipality shall adopt an ordinance or resolu- tion authorizing the issuance and sale of said bonds, and must create a sinking fund for the payment of the bonds and the interest thereon and charges of the fiscal agency for making payment of the bonds and interest thereon.
(3) At or before the issuance and sale of any such bonds, the govern- ing body shall, by resolution or ordinance, set aside to such sinking fund and pledge to the payment of the bonds and the interest thereon the net income and revenues of the system, including all additions thereto and replacements and improvements thereof subsequently constructed or ac- quired, up to an amount sufficient to provide for the payment of the prin- cipal and the interest on the bonds as such principal and interest shall become due and payable, and to accumulate and maintain reserves securing such payments in such amount as shall be deemed by the governing body to be necessary and expedient.
(4) The said net income and revenues above-mentioned shall be construed to mean all the gross income from said system less normal, reasonable and current expenses of operation and maintenance thereof.
(5) Said payments above-mentioned shall constitute a first and prior charge and lien on the entire net income and revenues derived from the operation of said system, provided that the governing body shall have power from time to time to establish the relative priority of the liens of successive issues of bonds upon said net income and revenues, subject to any restrictions contained in the ordinances or resolutions authorizing bonds of prior issues,
(6) Any such municipality, by ordinance or resolution adopted by its governing body, and without an election, may issue and sell negotiable revenue bonds in the manner provided in this section, to refund bonds previously issued for any of the foregoing purposes, whether issued under authority of this section or any other applicable law. Refunding bonds may, with the consent of the holders of the bonds to be refunded thereby,
53
11-2218 ELECTION LAWS
be exchanged at par plus accrued interest for all or part of such bonds, or may be sold at a price not less than par plus accrued interest, but nothing herein shall require the holder of any outstanding bond to accept pay- ment thereof or the delivery of a refunding bond in exchange therefor, except in accordance with the terms of such outstanding bond. Bonds may be issued to refund interest as well as principal actually due and payable if the revenues pledged therefor are not sufficient, but not to re- fund any principal or interest due which can be paid from revenues then on hand.
(7) Any municipality having issued bonds payable from net revenues of its water and sewer system or combined water and sewer systems, whether under authority of this section or otherwise, may issue additional bonds after authorization by the qualified electors in the manner herein- above provided, to finance the reconstruction and improvement of such system and the construction of additions thereto, and may provide that such additional bonds shall be payable from said net revenues on a parity with the outstanding bonds of such previous issues, subject to any re- strictions upon such issuance which may be imposed by the resolutions or ordinances authorizing said outstanding bonds; or the governing body may provide for the issuance of refunding bonds, without an election, to retire such outstanding bonds and may, if desired, combine such refund- ing issue with the issue authorized by the electors for reconstruction, improvements and additions, or may include the amount required for such refunding in the amount of such additional issue when submitted to the electors.
(8) Refunding bonds may bear interest at a rate lower or higher than the bonds refunded thereby, if they are issued to refund matured prin- cipal or interest for the payment of which revenues on hand are not suflficient, or if the refunding bonds are combined with an issue of new bonds for reconstruction, improvements and additions and the lien of such new bonds upon the revenues of the system or systems must be junior and subordinate to the lien of the outstanding bonds refunded, under the terms of the ordinances or resolutions authorizing the outstanding bonds, as applied to circumstances existing on the date of refunding. Except as authorized in the preceding sentence, refunding bonds shall not be issued unless their average annual interest rate, computed to their stated ma- turity dates and excluding any premium from such computation, is at least three-eighths of one per cent (3/8 of 1%) less than the average annual interest rate on the bonds refunded thereby, computed to their respective stated maturity dates.
(9) In any case where refunding bonds are issued and sold six (6) months or more before the earliest date on which all bonds refunded thereby mature or are prepayable in accordance with their terms, the proceeds of the refunding bonds, including any premium and accrued interest, shall be deposited in escrow with a suitable bank or trust com- pany, having its principal place of business within or without the state, which is a member of the Federal Reserve System and has a combined capital and surplus not less than one million dollars ($1,000,000), and
54
CITIES AND TOWNS 11-2271
shall be invested in such amount and in securities maturing on such dates and bearing interest at such rates as shall be required to provide funds suflScient to pay when due the interest to accrue on each bond refunded to its maturity or, if it is prepayable, to the earliest prior date upon which such bond may be called for redemption, and to pay and redeem the prin- cipal amount of each such bond at maturity, or, if prepayable, at its earliest redemption date, and any premium required for redemption on such date; and the resolution or ordinance authorizing the refunding bonds shall irrevocably appropriate for these purposes the escrow fund and all income therefrom, and shall provide for the call of all prepayable bonds in accordance with their terms. The securities to be purchased with the escrow fund shall be limited to general obligations of the United States, securities whose principal and interest payments are guaranteed by the United States, and securities issued by the following United States government agencies: Banks for Cooperatives, Federal Home Loan Banks, Federal Intermediate Credit Banks, Federal Land Banks, and the Federal National Mortgage Association. Such securities shall be purchased simul- taneously with the delivery of the refunding bonds.
(10) Revenues and other funds on hand, in excess of amounts pledged by ordinances and resolutions authorizing outstanding bonds for the pay- ment of principal and interest currently due thereon and reserves securing such payment, may be used to pay the expenses incurred by the municipality for the purpose of such refunding, including but without limitation the cost of advertising and printing refunding bonds, legal and financial advice and assistance in connection therewith, and the reasonable and customary charges of escrow agents and paying agents. Revenues and other funds on hand, including reserves pledged for the payment and security of outstand- ing revenue bonds, may be deposited in an escrow fund created for the retirement of such bonds and may be invested and disbursed as provided in subsection (9) hereof, to the extent consistent with the ordinances or reso- lutions authorizing such outstanding bonds.
History: En. Sec. 2, Ch. 149, L. 1943; amd. Sec. 1, Ch. 146, L. 1951; amd. Sec. 2, Ch. 98, L. 1955; amd. Sec. 1, Ch. 38, L. 1957; amd. Sec. 1, Ch. 51, L. 1963.
11-2271. (5277.3) Loans from revolving fund for paying improvement district warrants — authorization by electors. (1) Whenever any special improvement district bond or warrant, or any interest thereon, shall be, at the time of the passage of this act, or shall thereafter become due and payable, and there shall then be either no money or not sufficient money in the appropriate district fund with which to pay the same, an amount suffi- cient to make up the deficiency may, by order of the council, be loaned by the revolving fund to such district fund, and thereupon such bond or war- rant or such interest thereon, or in case of such bonds or warrants due at the time of the passage of this act, such part of the amount due on such bond or warrant, whether it be for principal or for interest or for both as the council may in its discretion elect or determine, shall be paid from the money so loaned or from the money so loaned when added to such insuffi-
55
11-2275 ELECTION LAWS
cient amount, as the case may require ; provided, however, that the above provisions of sections 11-2269, 11-2270 and 11-2271 of this code shall not ap- ply to any district or districts heretofore created, unless and until, at an election, either the regular annual municipal election or a special election called by the council, a majority of the electors whose names appear as the owners of property in the city or town on the last completed tax roll of the county in which the city or town is situated, shall authorize the city or town council to proceed thereunder, such election to be called and con- ducted in the manner and under such regulations as the council may pro- vide. At such election no person other than such qualified elector and taxpayer shall vote on said question, and a majority of those voting thereat shall be sufficient to determine, and shall determine, the question whether the council be authorized or not to proceed under sections 11-2269, 11-2270 and 11-2271 of this code.
(2) In connection with any public offering of special improvement
district bonds or warrants, the city or town council may undertake and
agree to issue orders annually authorizing loans or advances from the
revolving fund to the district fund involved in amounts sufficient to make
good any deficiency in the bond and interest accounts thereof to the extent
that funds are available, and may further undertake and agree to provide
funds for such revolving fund pursuant to the provisions of section 11-2270
by annually making such tax levy (or, in lieu thereof, such loan from the
general fund) as the city or town council may so agree to and undertake,
subject to the maximum limitations imposed by said section 11-2270, which
said undertakings and agreements shall be binding upon said city or town
so long as any of said special improvement district bonds or warrants so
offered, or any interest thereon, remain unpaid.
History: En. Sec. 3, Ch. 24, L. 1929; amd. Sec. 1, CTh, 179, L. 1945.
11-2275. Creation and maintenance of fund. A supplemental revolving fund may be created by ordinance subject to the approval of a majority of the qualified electors voting upon the question at a general or special elec- tion. As used in this act "qualified electors" shall mean registered electors whose names appear upon the last preceding assessment roll for state and county taxes as taxpayers upon property within the municipality. The supplemental revolving fund shall be created and maintained solely from the net revenues of parking meters and the ordinance may pledge to said fund all or any part of the said net revenues of parking meters which may be then owned or leased or rented or thereafter acquired by the city or town. Said ordinance shall contain such provisions in respect to the purchase, control, operation, repair and maintenance of parking meters, including rates to be charged, and the application of the net revenues therefrom and the management and use of the supplemental revolving fund as the council shall deem necessary. History: En. Sec. 2, Ch. 260, L. 1947.
11-2276. Issuance of bonds — submission to electors. At any time after the award of the contract for any of the improvements described in section
56
CITIES AND TOWNS 11-2306
11-2274 and prior to the issuance of bonds or warrants therefor under the provisions of section 11-2231 the council may by resolution determine that such improvement is of a character that bonds may be issued hereunder in lieu of bonds under said section 11-2231, and may submit to the qualified electors of the city or town the question whether such bonds shall be issued. The proposal to issue bonds may be submitted at the same election as the proposal to create the supplemental revolving fund and must be approved by a majority of the qualified electors voting on the question. History: En. Sec. 3, Ch. 260, L. 1947.
CHAPTER 23 MUNICIPAL BONDS AND INDEBTEDNESS
Section 11-2301. Creation of indebtedness — submission to taxpayers.
11-2306. Petition for election — form — proof.
11-2307. Consideration of petition — calling election.
11-2308. Notice of election — election hours — election officers.
11-2309. Form of ballots and conduct of election.
11-2310. Who are entitled to vote — registration of electors.
11-2311. Percentage of voters required to authorize the issuing of bonds.
11-2312. Canvass of election returns — resolution for bond issue.
11-2301. (5278.1) Creation of indebtedness — submission to taxpayers.
Whenever the council or commission of any city or town having a corporate existence in this state, or hereafter organize under any of the laws thereof, shall deem it necessary to issue bonds for any purpose whatever, under its powers as set forth in any statute or statutes of this state, or amendments thereto, the question of issuing such bonds shall first be submitted to the electors of such city or town who are qualified to vote on such question, in the manner hereinafter set forth; provided, however, that it shall not be necessary to submit to such electors the question of issuing refunding bonds to refund bonds theretofore issued and then outstanding: provided further that no refunding bonds shall be issued unless such refunding bonds shall bear interest at a rate of at least one-half of one per cent (^/^ of 1%) less than the interest rate of the outstanding bonds to be refunded. In order to issue bonds to refund bonds theretofore issued and outstanding it shall only be necessary for the council, at a regular or duly called special meet- ing, to pass and adopt a resolution setting forth the facts with regard to the indebtedness to be refunded, showing the reason for issuing such refunding bonds, and fixing and determining the details thereof, giving notice of sale thereof in the same manner that notice is required to be given of sale of bonds authorized at an election and then following the procedure in this act for the sale and issuance of such bonds.
History: En. Sec 1, Ch. 160, L. 1931; 1937; amd. Sec. 1, Ch. 15, L. 1943; amd. amd. Sec 1, Oh. 100, L. 1933; amd. Sec. 1, Sec. 1, Ch. 62, L. 1946. Oh. 12, L. 1937; amd. Sec. 1, Ch. 108, L.
11-2306. (5278.6) Petition for election — form — proof. No bonds shall be issued by a city or town for any purpose, except to fund or refund war- rants or bonds issued prior to and outstanding on July first, 1942, as author- ized in section 11-2301, unless authorized at a duly called special or general election at which the question of issuing such bonds was submitted to the
57
11-2307 ELECTION LAWS
qualified electors of the city or town, and approved, as hereinafter provided, and no such election shall be called unless there has been presented to the city or town council a petition, asking that such election be held and ques- tion submitted, signed by not less than twenty per centum (20%) of the qualified electors of the city or town who are taxpayers upon property with- in such city or town and whose names appear on the last completed assess- ment roll for state and county taxes, as taxpayers within such city or town. Every petition for the calling of an election to vote upon the question of issuing bonds shall plainly and clearly state the purpose or purposes for which it is proposed to issue such bonds, and shall contain an estimate of the amount necessary to be issued for such purpose or purposes. There may be a separate petition for each purpose, or two (2) or more purposes may be combined in one (1) petition, if each purpose with an estimate of the amount of bonds to be issued therefor is separately stated in such petition. Such petition may consist of one (1) sheet, or of several sheets identical in form and fastened together, after being circulated and signed, so as to form a single complete petition before being delivered to the city or town clerk, as hereinafter provided. The petition shall give the street and house num- ber, if any, and the voting precinct of each person signing the same.
Only persons who are qualified to sign such petitions shall be qualified to circulate the same, and there shall be attached to the completed petition the aflfidavit of some person who circulated, or assisted in circulating, such petition, that he believes the signatures thereon are genuine and that the signers knew the contents thereof before signing the same. The completed petition shall be filed with the city or town clerk who shall, within fifteen (15) days thereafter, carefully examine the same and the county records showing the qualifications of the petitioners, and attach thereto a certificate, under his oflBcial signature, which shall set forth :
(1) The total number of persons who are registered electors and whose names appear upon the last completed assessment roll for state and county taxes, as taxpayers within such city or town.
(2) Which, and how many of the persons whose names are subscribed to such petition, are possessed of all of the qualifications required of signers to such petition.
(3) Whether such qualified signers constitute more or less than twenty per centum (20%) of the registered electors Avhose names appear upon the last completed assessment roll for state and county taxes, as taxpayers with- in such city or town.
History: En. Sec. 6, Oh. 160, L. 1981; amd. S«c. 2, Oh. 108, L. 1937; amd. Sec. 2,
Oh. 16, L. 1943.
11-2307. (5278.7) Consideration of petition — calling election. When such petition has been filed with the city or town clerk and he has found it has a sufficient number of signers qualified to sign the same, he shall place the same before the city or town council at its first meeting held after he has attached his certificate thereto. The council shall thereupon examine such petition and make such other investigation as it may deem necessary.
If it is found the petition is in proper form, bears the requisite number of signatures of qualified petitioners, and is in all other respects sufficient,
58
CITIES AND TOWNS 11-2309
the council shall pass and adopt a resolution which shall recite the essen- tial facts in regard to the petition and its filing and presentation, the pur- pose or purposes for which the bonds are proposed to be issued, and fix the exact amount of bonds to be issued for each purpose, which amount may be less than but must not exceed the amount set forth in the petition, determine the number of years through which such bonds are to be paid, not exceeding the limitations fixed in section 11-2303, and making provi- sion for having such question submitted to the qualified electors of the city or town at the next general city or town election, or at a special election which the council may call for such purpose. History: En. Sec. 7, Cb. 160, L. 1931.
11-2308. (5278.8) Notice of election — election hours — election officers.
•Whether such election is held at the general city or town election, or at a special election, separate notice shall be given thereof. Such notice shall state the date when such election will be held, the hours between which the polls will be open, the amount of bonds proposed to be issued, the purpose thereof, the term of years through which the bonds will be paid, and such other information regarding the election and the proposed bonds as the board may deem proper. If the bonds proposed to be issued are for two (2) or more purposes, each purpose and the amount thereof must be sep- arately stated. Such notice shall be posted in each voting precinct in the city or town at least ten (10) days prior to the date for holding such election, and must also be published once a week for a period of not less than two (2) consecutive weeks immediately preceding the date for hold- ing such election in some newspaper published in the city or town, if there be one, and if not then in a newspaper published in the state at a point in the state nearest to the city or town, and designated by the city or town council.
If the question of issuing bonds is submitted at a special election called for such purpose, the city or town council shall fix the hours through which the polls are to be kept open, which shall be not less than eight (8), and which must be stated in the notice of election, and may appoint a smaller number of judges than is required at a general city or town elec- tion, but in no case shall there be less than three (3) judges in a precinct and such judges shall act as their own clerks.
If the question of issuing bonds is submitted at a general city or town election, the polls shall be kept open during the same hours as are fixed for the general election and the judges and clerks for such general elec- tion shall act as the judges and clerks thereof. History: En. Sec. 8, Ch. 160, L. 1931.
11-2309. (5278.9) Form of ballots and conduct of election. Whenever the question of issuing bonds is submitted at either a general city or town election, or at a special election, separate ballots shall be provided therefor. Such ballots shall be white in color and of convenient size, being only large enough to contain the printing herein required to be done and placed there- on, and shall have printed thereon in fair-sized, legible type and black ink,
59
11-2310 ELECTION LAWS
in one (1) line or more, as required, the word "FOR" (stating the propo- sition and the terms thereof explicitly and at length), and thereunder the word "AGAINST" (stating the proposition and terms in like manner as above) ; and there shall be before the word "FOR" and before the word "AGAINST," each, a square space of sufficient size to place a plain cross or X therein, and such arrangement shall be in the following manner :
□ FOR (stating the proposition)
n AGAINST (stating the proposition)
If bonds are sought to be issued for two (2) or more separate purposes, then separate ballots must be provided for each purpose or proposition.
The election shall be conducted, and the returns made, in the same manner as other city or town elections; and all election laws governing city and town elections shall govern, insofar as they are applicable, but if such question be submitted at a general city or town election the votes thereon must be counted separately and separate returns must be made by the judges and clerks at such election. Returns must be made separately for each proposition or question submitted at such election. History: En. Sec. 9, Ch. 160, I*. 1931.
11-2310. (5278.10) Who are entitled to vote — registration of electors.
Only such registered electors of the city or town whose names appear upon the last preceding assessment roll for state and county taxes, as taxpayers upon property within the city or town, shall be entitled to vote upon any proposition of issuing bonds by the city or town. Upon the adoption of the resolution calling for the election the city or town clerk shall notify the county clerk of the date on which the election is to be held and the county clerk must cause to be published in the official newspaper of the city or town, if there be one, and if not in a newspaper circulated generally in the said city or town and published in the county where the said city or town is located, a notice signed by the county clerk stating that registration for such bond election will close at noon on the fifteenth (15th) day prior to the date for holding such election and at that time the registration books shall be closed for such election. Such notice must be published at least five (5) days prior to the date when such election books shall be closed.
After the closing of the registration books for such election the county clerk shall promptly prepare lists of the qualified electors of such city or town who are taxpayers upon property therein and whose names appear on the last completed assessment roll for state, county and school district taxes and who are entitled to vote at such election and shall prepare pre- cinct registers for such election as provided in section 23-515 and deliver the same to the city or town clerk who shall deliver the same to the judges of election prior to the opening of the polls. It shall not be neces- sary to publish or post such lists of qualified electors.
History: En. Sec. 10, Ch. 160, L. 1931; amd. Sec. 1, Ch. 182, L. 1939; amd. Sec. 17, Ch. 64, L. 1959.
11-2311. (5278.11) Percentagfe of voters required to authorize the issu- ing of bonds. Wherever the question of issuing bonds for any purpose is
60
CITIES AND TOWNS 11-2404
submitted to the qualified electors of a city or town, at either a general or special election, not less than forty per centum (40%) of the qualified elec- tors entitled to vote on such proposition or question must vote thereon, otherwise such proposition shall be deemed to have been rejected ; provided, however, that if forty per centum (40%) or more of such qualified electors do vote on such proposition or question at such election, and a majority of such votes shall be cast in favor of such question or proposition, then such proposition or question shall be deemed to have been adopted and approved. History: En. Sec. 11, Oh. 160, L. 1931.
11-2312. (5278.12) Cajivass of election returns — resolution for bond issue. If the bonding election is held at the same time as a general city or town election, then the returns shall be canvassed by the city or town coun- cil at the same time as the returns from such general election; but if the question of issuing bonds is submitted at a special election then the city or town council shall meet within ten (10) days after the date of holding such special election and canvass the returns. If it is found that at such election forty per centum (40%) or more of the qualified electors of the city or town entitled to vote on such question or proposition voted thereon, and that a majority of such votes were cast in favor of the issuing of such bonds, the city or town council shall, at a regular or special meeting held within thirty (30) days thereafter, pass and adopt a resolution pro- viding for the issuance of such bonds. Such resolution shall recite the purpose for Avhich such bonds are to be issued, the amount thereof, the maximum rate of interest the bonds may bear, the date they shall bear, the period of time through which they shall be payable, and that any thereof may be redeemed in full, at the option of the city or town, on any interest payment date from and after ten (10) years from the date of issue ; and provide for the manner of the execution of the same. It shall provide that preference shall be given amortization bonds but shall fix the denomination of serial bonds in case it shall be found advantageous to issue bonds in that form, and shall adopt a form of notice of the sale of the bonds.
The board may, in its discretion, provide that such bonds may be issued and sold in two (2) or more series or installments. History: En. Sec. 12, Oh. 160, L. 1931.
CHAPTER 24 MUNICIPAL BEVENTJE BOND ACT OP 1939 Section 11-2404. Authorization of undertaking— form and contents of bonds.
11-2404. Authorization of undertaking— form and contents of bonds. The acquisition, purchase, construction, reconstruction, improvement, bet- terment or extension of any undertaking may be authorized under this chapter, and bonds may be authorized to be issued under this chapter by resolution or resolutions of the governing body of the municipality, when authorized by a majority of the taxpayers voting upon such question at a special election noticed and conducted as provided in sections 11-2308
61
11-2404 ELECTION LAWS
to 11-2310, inclusive, and said special election shall be held not later than the next municipal election held after the council or governing body of the municipality has by resolution or resolutions approved the acquisition, purchase, construction, reconstruction, improvement, betterment or ex- tension of any undertaking as in this chapter provided and ordered said special election; provided, that the issuance of refunding revenue bonds may be authorized by resolution or resolutions of the governing body of the municipality without an election.
Said bonds shall bear interest at such rate or rates not exceeding six per centum (6%) per annum, payable semiannually, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding forty (40) years from their respective dates, may be payable in such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as such resolution or subsequent resolutions may provide. Said bonds shall be sold at not less than par. Said bonds may be sold at private sale to the United States of America or any agency, instrumentality or corporation thereof. Unless sold to the United States of America or agency, instrumentality or corporation thereof, said bonds shall be sold at public sale after notice of such sale published once at least five (5) days prior to such sale in a newspaper circulating in the municipality and in a financial newspaper published in the city of New York, New York, or the city of Chicago, Illinois, or the city of San Fran- cisco, California, except that, in the event the bond issue is in an amount of less than one hundred fifty thousand dollars ($150,000), the bond issue shall be advertised at least five (5) days prior to such sale in daily newspapers circulating in Montana cities of 10,000 population or over, in lieu of ad- vertising in a financial newspaper in New York, Chicago, or San Francisco, and also in a newspaper as specified in section 16-1201 if that newspaper is different from the daily newspapers circulating in Montana cities of 10,000 population or over. Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the governing body may determine may be issued to the purchaser or purchasers of bonds sold pursuant to this chapter. Said bonds and interim receipts or certificates shall be fully negotiable, as provided by the Uniform Commercial Code — Investment Securities.
History: En. Sec. 4, Ch. 126, L. 1939; Compiler's Notes
amd. Sec. 2, Ch. 145, L. 1951; amd. Sec. Section 16-1201, referred to in the sec-
2, Ch. 38, Ii. 1957; amd. Sec. 1, Ch. 52, oj^j paragraph of this section, has been
Ii. 1963; amd. Sec. 11-106, Ch, 264, L. repealed. For similar provisions in cur-
1963. rent law, see sec. 16-1230.
CHAPTER 25 ABATEMENT OP SMOKE NUISANCE
Section 11-2504. Bonds.
11-2505. Election.
11-2506. Notice of election.
11-E511. Proviaions concerning election.
62
CITIES AND TOWNS 11-2506
11-2504. (5292) Bonds. For the purpose of raising moneys to meet the payments under the terms and conditions of said contract, and other neces- sary and proper expenses in and about the same, and the approval or dis- approval thereof, it shall be the duty of the board of county commissioners, if the petition be presented to it within thirty days thereafter, to ascertain the existing indebtedness of the county in the aggregate, and within sixty days after ascertaining the same to submit to the electors of such county the proposition to approve or disapprove the said contract, and the issuance of bonds necessary to carry out the same, which shall not exceed five per centum of the value of the taxable property therein, inclusive of the exist- ing indebtedness thereof, to be ascertained by the last assessment for state and county taxes previous to the issuance of said bonds and incurring said indebtedness; and if said petition be presented to the council of any in- corporated city or town, then within thirty days thereafter they shall ascertain the aggregate indebtedness of such city or town, and, within sixty days after ascertaining the same, submit to the electors of such city or town the proposition to approve or disapprove said contract, and the issuance of bonds necessary to carry out the same, which shall not exceed three per centum of the value of the taxable property therein, inclusive of the existing indebtedness thereof, to be ascertained in the manner herein- before provided, and if disapproved, the expenses of such election shall be paid out of the general fund of such county, city, or town, as the case may be.
History: Bn. Sec. 4, p. 143, L. 189d; 8433, Rev. 0. 1907; re-en. Sec. 6292, B. C. re-en. Sec. 4834, Pol. C. 1895; re-eii. Sec. M. 1921.
11-2505. (5293) Election. The vote upon such proposition shall be had
at an election for that purpose to be held, conducted, counted, and results
ascertained and determined in the manner and by the same officers provided
by law for general elections, except as otherwise herein provided, and the
proposition to be submitted shall be upon printed tickets or ballots, upon
each of which shall be printed the following : "For the contract and bonds,"
"Against the contract and bonds," the former above the latter, and the
elector shall indicate his vote by a cross opposite the one or the other for
which he votes; and if it appears from the result of such election that a
majority of the votes cast were "For the contract and bonds," then said
contract shall be in full force and effect, and the said bonds shall be issued
and disposed of in the manner hereinafter provided. If it shall appear from
the result of such election that there was a tie, or a majority of said votes
were cast "Against the contract and bonds," then the said contract and
bond given for its fulfilment shall be null and void and of no effect, and
said bonds and none thereof shall be issued.
History: En. Sec. 6, p. 144, L. 1893; 3434, Rev. C. 1907; re-en. Sec. 5293, R. 0. re-en. Sec. 4835, FoL C. 1895; re-en. Sec. M. 1921.
11-2506. (5294) Notice of election. The board of county commissioners of the county in which such election is to be held, or the council of the incor-. porated city or town, as the case may be, shall give notice of such election, stating the objects thereof, the time and place of holding the same, such
63
11-2511 ELECTION LAWS
conditions of the contract as in their judgment are proper and necessary to enatle the electors to vote intelligently upon the proposition submitted to them, the amount of bonds proposed to be issued, when payable, and the interest they are to bear, with a description of the tickets or ballots to be used, in some newspaper printed and published and circulated in the county, or city, or town, as the case may be, in which such election shall be held, at least three times a week for at least six consecutive weeks next preceding such election, and if no newspaper be printed, published, and cir- culated therein, then in some newspaper printed and published in some county nearest thereto.
History: En. Sec. 6, p. 144, L. 1893; 3435, R©v. C. 1907; re-en. Sec. 6294, R. C. re-en. Sec. 4836, Pol. O. 1895; re-€n. Sec. M. 1921.
11-2511. (5299) Provisions concerning election. No registration under the election laws of this state shall be required for the purposes of the elec- tion herein provided for, and the registration had at the last election pre- ceding the same shall govern and control as if especially had and done for the purposes of the election to be held under this act.
History: En. Sec. 11, p. 146, L. 1893; 3440, Eev. C. 1907; re-en. Sec. 6299, E. 0. re-en. Sec. 4841, PoL C. 1895; re-en. Sec. M. 1921.
CHAPTER 31 COMMISSION FOEM OF GOVERNMENT
Section 11-3101. Any city may reorganize under commission form.
11-3102. Submission to electors — petition and order of election.
11-3103. Proclamation of election.
11-3104. Ballots— form.
11-3105. Certificate of result of election — no further election for two years.
11-3106. Calling of election to elect city officers.
11-3107. Manner of conducting election — canvassing votes.
11-3108. Laws governing city — ordinances — territorial limits and property.
11-3109. Number of councilmen — vacancies, how filled.
11-3110. Beginning of term of office.
11-3111. Tenure of office — expiration of term.
11-3112. Nomination of candidates — primary election.
11-3113. Receipt of majority of all votes cast at primary election elects candi- date and dispenses with general election, when.
11-3114. Penalty for working for candidate.
11-3115. Fees for filing for office.
11-3116. Bribery — false answers concerning qualifications of elector — voting by disqualified person.
11-3126. Ordinances and franchises — how adopted or granted.
11-3127. Officers not to be interested in contracts, receive passes, or do elec- tioneering.
11-3128. Civil service.
11-3132. Recall of elective officers.
11-3133. Ordinance — how submitted — petition and election.
11-3134. Taking effect and suspension of ordinances.
11-3135. Abandonment of commission form.
11-3136. Requirements of petitions.
11-3137. Effect of act upon existing laws.
11-3101. (5366) Any city may reorganize under commission form.
Any city may abandon its organization and reorganize under the provisions
of this act, by proceeding as hereinafter provided.
History: En. Sec. 1, Ch. 57, L. 1»11; re-en. S«:. 5366, B. 0. M. 1921.
64
CITIES AND TOWNS 11-3105
11-3102. (5367) Submission to electors — petition and order of election.
Upon a petition being filed with the city council, signed by not less than twenty-five per cent of the qualified electors of such city registered for the last preceding general city election, praying that the question of reorganiza- tion under this act be submitted to the qualified electors of such city, said city council shall thereupon, and within thirty days thereafter, order a special election to be held, at which election the question of reorganization of such city, under the provisions of this act, shall be submitted to the quali- fied electors of such city.
Such order of the city council shall specify therein the time when such election shall be held, which must be within ninety days from the date of the filing of such petition.
History: En. 8«c. 2, Oh. 67, L. 1911; amd. Sec. 1, Ch. 2, L. 1915; re-en. Sec. 5367, R. 0. M. 1921.
11-3103. (5368) Proclamation of election. Upon the city council order- ing such special election to be held, the mayor of such city shall issue a proclamation setting forth the purpose for which such special election is called, and the date of holding such special election, which proclamation shall be published for ten consecutive days in each daily newspaper pub- lished in said city, if there be such, otherwise once a week for two consecu- tive weeks in each weekly newspaper published therein, and such proclama- tion shall also be posted in at least five public places within such city.
History: En. Sec. 3, Ob. 57, L. 1911; re-en. Sec. 5368, B. O. M. 1921.
11-3104. (5369) Ballots — form. At such election the ballots to be used shall be printed upon plain, white paper, and shall be headed "Special elec- tion for the purpose of submitting to the qualified electors of the city of
the question of reorganization of the city of
under chapter (name of chapter containing this
act) of the acts of the twelfth legislative assembly," and shall be substan- tially in the following form :.
For reorganization of the city of under chapter
(name of chapter containing this act) of the act of the twelfth legislative assembly.
Against reorganization of the city of under chapter
(name of chapter containing this act) of the acts of the twelfth legislative assembly.
Such election shall be conducted and vote canvassed and result declared
in the same manner as provided by law in respect to other city elections.
History: En. Sec. 4, Oil. 57, L. 19U; re-en. Sec. 5369, E. O. M. 1921.
11-3105. (5370) Certificate of result of election— no further election for two years. If such proposition is adopted, the mayor shall transmit to the governor, to the secretary of state, and to the county clerk and recorder, each, a certificate stating that such proposition was adopted.
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11-3106 ELECTION LAWS
If such proposition shall not be adopted at such special election, such
proposition shall not again be submitted to the electors of such city within
a period of two years thereafter.
History: En. Sec. 6, Oh. 67, L. 1911; re-en. S«c. 6370, B. 0. M. 1921.
11-3106. (5371) Calling of election to elect city ofllcerfl. If a majority of the votes cast at such election shall be in favor of such proposition, the city council must, at its first regular meeting held thereafter, order a special election to be held for the purpose of electing a mayor and the number of councilmen to which such city shall be entitled, which order shall specify the time of holding such election, which must be within ninety days after the making of said order, and the mayor shall thereupon issue a proclama- tion setting forth the purposes for which such special election is called and the day of holding the same, which proclamation shall be published for ten successive days in each daily newspaper published in such city, if there be such, otherwise once a week for two consecutive weeks in each weekly newspaper published therein, and a copy thereof shall also be posted at each voting place within said city, and also in at least ten of the most public places in said city.
History: En. Bee. 6, Oh. 67, L. 1911; amt. Sec. 2, Oh. 2, L. 1916; re-en. Sec. 6371, K. 0. M. 1921.
11-3107. (5372) Manner of conducting election — canvassing vot«s.
Such election shall be conducted, the vote canvassed, and result declared in
the same manner as provided by law in respect to other city elections.
History: En. Sec. 7, Oh. 67, L. 1911; re-en. Sec. 6372, E. 0. M. 1921.
11-3108. (5373) Laws governing city — ordinances — ^territorial limita and property. All laws governing cities of the first, second, and third classes, and not inconsistent with the provisions of this act, shall apply to and govern cities organized under this act. All by-laws, ordinances, and resolutions lawfully passed and in force in any such city under its former organization shall remain in force until altered or repealed by the council elected under the provisions of this act. The territorial limits of such city shall remain the same as under the former organization, and all rights and property of every description, which were vested in any such city under its former organization, shall vest in the same under the organization herein contemplated, and no right or liability either in favor of or against it, existing at the time, and no suit or prosecution of any kind shall be af- fected by such change, unless otherwise provided for in this act.
History: En. Sec. 8, Oh, 57, L. 1911; re-en. Sec. 5373, E. 0. M. 1921.
11-3109. (5374) Number of councilmen — vacancies, how filled. In every city of the third class, there shall be a mayor and two councilmen ; in every city of the second class, a mayor and two councilmen ; in every city of the first class having a population of less than twenty-five thousand (25,000), a mayor and two (2) councilmen, and in every city of the first class having a population of twenty-five thousand (25,000), or more, a
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CITIES AND TOWNS 11-3111
mayor and four (4) councilmen, and the mayor and all councilmen shall be elected at large.
Vacancies in the ofifice of mayor or councilmen shall be filled by appoint- ment made by a majority vote of the remaining members of the council, and if, in filling such vacancy, a tie vote should occur, then the person to fill said vacancy shall be determined by lot in such manner as said council may provide. A person appointed to fill any such vacancy shall hold his office until the next general election and until his successor is elected and quali- fied. A person elected to fill a vacancy shall hold office until the expiration of the term for which the person he succeeds was elected.
History: En. Sec. 9, Cli. 67, L. 1911; re-«n. Sec. 6370, B. C. M. 1921; amd. Sec. 1, Oh. 18, L. 1946.
11-3110. (5375) Begfinning of term of oflBce. The mayor and council- men elected at such special election shall qualify, and their terms of office shall begin on the first Monday after their election, and the terms of office of the mayor and councilmen or aldermen in such city in office at the beginning of the term of office of the councilmen first elected under the provisions of this act shall then cease and determine, and the terms of office of 'all their appointed officers in force in such city, except as hereinafter pro- vided, shall cease and determine as soon as the council shall by resolution declare.
History: En. Sec. 10, Oh. 67, L. 1911; re-en. Sec. 6376, B. 0. M. 1921.
11-3111. (5376) Tenure of office — expiration of term. The terms of office of the mayor and all councilmen elected at such special election shall expire on the first Monday in May of the year following their election. At the first regular city election held in the year in which the terms of office of the mayor and councilmen elected at such special election shall expire, a mayor and two councilmen shall be elected in cities having a population of less than twenty-five thousand. The mayor elected at such first general city election shall hold office for two years; one of the councilmen elected at such first city election shall hold office for one year; and the other of such councilmen elected at such first general city election shall hold office for two years, beginning with the first Monday in May of that year; a mayor and four councilmen shall be elected in cities having a population of twenty-five thousand or more ; and the mayor elected at such first general city election shall hold office for two years. Two of the council- men elected at such first general city election shall hold office for one year, and the