Montana § 7-13-2351 - Dissolution Of District By Petition

§ 7-13-2351. Dissolution Of District By Petition

Dissolution of district by petition. (1) A district may be dissolved as provided in 7-13-2352 or this section. (2) Upon receipt of a petition to dissolve the district, signed by more than 50% of the property owners of the district, the board of directors shall set a date for a public hearing on dissolution of the district. The hearing date may be not earlier than 45 days or later than 60 days after the date on which the board schedules the date of the hearing. A notice of the public hearing on the dissolution must be published as provided in 7-1-2121 . The published notice must include notice to creditors of the district to present claims owed by the district to the board of directors prior to the date set for the dissolution hearing. (3) At the dissolution hearing the board of directors shall hear testimony of all persons interested in whether the district should be dissolved and shall determine whether there are any outstanding debts of the district. (4) After the hearing, if the board determines that dissolution of the district is in the best interest of the public and that there are no outstanding debts of the district, it may resolve to recommend that the district be dissolved. A copy of the resolution must be sent to the county commissioners of the county or counties in which the district is located. (5) The district is dissolved after the approval of the dissolution by all the boards of county commissioners of the counties in which the district is located. An instrument approving dissolution must be filed with the clerk and recorder of the county or counties in which the district is located, who shall then notify the secretary of state. (6) Any assets of the district after dissolution must be distributed according to a specific plan adopted by the board of directors after a public hearing and as provided in the resolution recommending that the district be dissolved.