UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING THE PREVAILING PARTY IN ACTIONS INVOLVING WATER OR SEWER DISTRICTS TO RECOVER COSTS AND ATTORNEY FEES; AND AMENDING SECTION 7-13-2217, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-13-2217, MCA, is amended to read:
"7-13-2217. General powers of water and/or and sewer district districts. (1) Any district incorporated as provided
in this part and part 23 shall have power and this part is authorized to:
(a) have perpetual succession;
(b) sue and be sued, except as otherwise provided herein or by law, in all actions and proceedings in all courts and
tribunals of competent jurisdiction;. In any action brought pursuant to this subsection (1)(b) the prevailing party is entitled to
recover costs as provided in 25-10-201 and reasonable attorney fees as determined by the court.
(c) adopt a seal and alter it at pleasure;
(d) take by grant, purchase, gift, devise, or lease and to hold, use, enjoy, and to lease or dispose of real and personal
property of every kind, within or without outside of the district, necessary to the full exercise of its the district's powers;
(e) make contracts, employ labor, and do all acts necessary for the full exercise of the foregoing district's powers.
(2) The powers enumerated in this part and part 23 shall and this part must, except as otherwise provided in this part and
part 23 and this part, be exercised by the board of directors provided for in 7-13-2231 and elected and appointed as
described in this part and part 23."
- END -
Latest Version of LC 1043 (LC1043.01)
Processed for the Web on January 6, 1999 (8:22AM)
New language in a bill appears underlined, deleted material appears stricken.
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Status of this Bill
| 1999 Session | Leg. Branch HomePrepared by Montana Legislative Services
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