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|Volume & Opinion Number
|A city or town in Montana may adopt a rule for the operation of its municipal sewer and/or water utility requiring a property owner’s consent to annexation as a condition of continued sewer and/or water service.
|A Montana city that elects its city judge may enact an ordinance requiring that the judge be a resident of the city.
|Health maintenance organizations operating under the provisions of Mont. Code Ann. title 33, chapter 31, are not bound by the competitive bidding requirements of Mont. Code Ann. §33-22-1704(3) in contracting with health care providers, except when entering into a preferred provider agreement as authorized by that section.
|When a city annexes territory which has been part of a rural fire district, Montana law does not allow the district to tax the annexed property to finance repayment of a non-bonded loan incurred by the fire district prior to the annexation.
|The City of Helena, a self-governing city, is precluded from assessing fire service fees to state property located in the City of Helena fire service area, since the fees are in reality a tax rather than an assessment commensurate with a specific benefit conferred on the property assessed.
|The protest provisions in Mont. Code Ann. §76-2-305(2) are available to affected landowners whenever an existing zoning regulation is changed within the scope of Mont. Code Ann. §76-2-305(1) through exercise by a city or town council of its interim zoning authority under Mont. Code Ann. § 76-2-306.
|Mont. Code Ann. §7-14-4114 gives a municipality the authority either to close all or part of a street to through traffic without giving up its legal interest in the street, or to vacate all or part of the street and revoke its legal interest in it. A municipality with a mayor-council form of government is not bound by Mont. Code Ann. §7-3-4448 and must follow the procedures set forth in Mont. Code Ann. §7-14-4114 when it seeks to discontinue, close, or vacate a street. The procedure for either type of action is the same and is prescribed in the statute; choosing between the two alternatives is a matter for the discretion of the city or town council.
|Local boards of health are required to inspect food establishments and to participate in enforcing state laws governing those establishments.
|Pursuant to Mont. Code Ann. §20-4-304, a teacher must either attend the annual instructional and professional development meetings of teachers’ organizations or attend other in-service training sometime during the year as approved by the trustees. A teacher cannot use contractual leave to avoid the obligation to attend one or the other kind of training.