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RES 1980-01 CLASSIFICATION OF CO r BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, MONTANA RESOLUTION NO. 1 - 80 A Resolution designating County Classification by the Board of County Commissioners of Jefferson County, Montana, as follows: WHEREAS, in accordance with Title 7, Chapter 1, Part 21, Montana, Codes annotated, The Board of County Commissioners must, at their regular session in September of each year, make an order designating the class to which such county belongs, as determined by the taxable valuation of such county for the year in which such order is made, and WBEREAS, in accordance with Title 7, Chapter 1, 2111, which states that all counties having such a taxable valuation of more than $10 million and less than $15 million, shall be classified as FIFTH class counties, AND WHEREAS, the valuation of Jefferson County for the year 1979, has been set at $10,054,882.00, NOW THEREFO The Board of County Comnissioners of Jefferson County, Montana, hereby designate Jefferson County, Montana to be classified as a FIFTH Class County, according to law. Dated at Boulder, Montana this 2nd day January, 1980. Chairman, Board of Countie@5missioners Jefferson County, Montana ssioner Corrmissioner _ - ATI'EIST : - CAfmty_C1erk k and Recorder . w • ...� r� GENERAL PROVISIONS 7 -1 -4112 7 -1 -2112. Designation of county classification by county com- missioners. (1) The several boards of county commissioners must, at their regular session in September of each year, make an order designating the class to which such county belongs, as determined by the taxable valuation of such county for the year in which such order is made, under and in accor- dance with the provisions of 7 -1 -2111. (2) Such classification shall not change the government of the county then in existence until the next succeeding first Monday in January. History: En. Sec. 4331, Pol. C. 1895; re Sec. 3, Ch. 20, L 1905; re-en. Sec. 2975, Rev. C. 1907; re-en. Sec. 4742, R.C.M. 1921; re-em. Sec. 4742, R.C.M. 1935; amd. Sec. 1, Ch. 43, L 1941; amd. Sec. 1, Ch. 40, L 1974; R.C.M. 1947,16-2420. Parts 22 through 40 reserved Part 41 Municipalities 7 -1 -4101. Nature of municipalities. A city or town is a body politic and corporate with the general powers of a corporation and the powers speci- fied or necessarily implied in this title or in special laws heretofore enacted. History: En. Sees. 323, 324, 5th Div. Comp. Stat. 1887; re-en. Sec. 4700, Pot. C. 1895; re-ea. Sec. 3202, Rev. C. 1907; re -en.. Sec. 4955, R.C.M. 1921; Cal Pot. C Sec. 4354; re-ea. Sec. 4955, R.C.M. 1935; R.C.M. 1947, 11 -101. 7 -1 -4102. Name of municipality. Every city or town organized under this title is entitled "the city of ...." (naming it) or "the town of ...." (naming it) and by such name has perpetual succession. History: Ea. Secs. 323, 324, 5th Div. Comp. Stat. 1887; ea. Sec. 4703, Pol. C. 1895; re-en. Set.. 3205, Rev. C. 1907; re -en. See. 4958, R.C.M. 1921; re-en. Sec. 4958, R.C.M. 1935; R.C.M. 1947, 11- 104(part). 7 -1 -4103, Repeagd. Sec. 30, Ch. 455, L. 1 979. - 7 -1 -4104. Repealed. Sec. 30, Ch. 455, L. 1979. 7 -1 -4105 through 7 -1 -4110 reserved. 7 -1 -4111. Classification of municipalities, : - (1) Every city having a population of 10,000 or more is a city of the first class. (2) Every city having a population of less than 10,000 and more than 5,000 is a city of the second class. (3) Every city having a population of less than 5,000 and more than 1,000 is a city of the third class. (4) Every municipal corporation having a population of less than 1,000 and more than 300 is a town. History: Ea. Sec. 4710, Pol. C. 1895; re -ea. Sec. 3206, Rev. C. 1907 re-en. Sec. 4959, R.C.M. 1921; re-en. Sec. 4959, R.C.M. 1935; amd. Sec. 1, Ch. 202, L 1947; amd. Sec. 1, Ch. 126,1- 1969; R.C.M. 1947, 11- 201(partk amd. Sec. 1, Ch. 250, L 1979. 7 -1 -4112. Exceptions from classification system. Notwithstanding the provisions of 7 -1 -4111: i 7-1 -2102 LOCAL GOVERNMENT 6 7 -1 -2102. Name of county. The name of a county designated in the law creating it is its corporate name, and it must be known and designated thereby in all actions and proceedings touching its corporate rights, property, and duties. This provision does not prevent county officers, when authorized by law, from suing in their name of office for the benefit of the county. History: En. Sec. 4192, Pot. C. 1895; re -en. Sec. 2872, Rev. C. 1907; re-en. Sec. 4443, R.C.M. i 1921; Cal. Pot. C. Sec. 4002; rein. Sea 4443, R.C.M. 1935; R.C.M. 1947, 16-803. 7 -1 -2103. County powers. A county has power to: (1) sue and be sued; (2) purchase and hold lands within its limits; (3) make such contracts and purchase and hold such personal property as may be necessary to the exercise of its powers; (4) make such orders for the disposition or use of its property as the interests of its inhabitants require; (5) levy and collect such taxes for the purposes under its exclusive juris- diction as are authorized by this code or by special statutes. _ History: Fa Sec. 1, p. 498, Bamuch Stat.; re-m Sec. 1, p. 433, Cod. Stat. 1871; re-em Sec. 335, 5th Div. Rev. Stat. 1879; re-en. Sec. 744, 5th Div. Camp. Stet. 1887; amd. Sec. 4193, Poi. C. 1895; re-en. Sec. 2873, Rev. C. 1907; re-em See. 4444, R.C.M. 1921; Cal. Pot. C. Sec. 4003; re-em Sec. 4444, R.C.M. 1935; R.C.M. 1947,16-804. 7 -1 -2104. Exercise of county power. A county's powers can only be exercised by the board of county commissioners or by agents and officers act- ing under their authority or authority of law. History: En. Sec, 4191, Pot. C. 1895; re -en. Sec. 2871, Rev. C. 1907; re-en. Sec. 4442, R.C.M. 1921; Cal. Pot. C. Sec. 4001; re-en. Sec. 4442, R.C.M. 1935, R.C.M. 1947,16-802. 7 -1 -2105 through 7 -1 -2110 reserved. 7 -1 -2111. Classification of counties. For the purpose of regulating the compensation and salaries of all county officers, not otherwise provided for, and for fixing the penalties of officers' bonds, the several counties of this . state shall be classified according to that percentage of the true and full valuation of the property therein upon which the tax levy is made, as follows: (1) first class -all counties having such a taxable valuation of $50 million or over; (2) second class -all counties having such a taxable valuation of more than $30 million and less than $50 million; (3) third class-all counties having such a taxable valuation of more than $20 million and less than $30 million; (4) fourth class -all counties having such a taxable valuation of more than $15 million and less than $20 million; (5) fifth class -all counties having such a taxable valuation of more than $10 million and less than $15 million; (6) sixth class -all counties having such a taxable valuation of more than $5 million and less than $10 million; (7) seventh class -all counties having such a taxable valuation of less than $5 million. History: En. Sec. 1, Ch. 20, L 1905; re-a. Sec. 2973, Rev. C. 1907; and. Sec. 1, Ch. 70, L 1915; amd. Sec. 1, Ch. 76, L 1917; amd. Sec. 1, Ch. 24, Ex. L 1919; re-en. See. 4741, R.C.M. 1921; re-en. Sec. 4741, R.C.M. 1935; R.C.M. 1947, 16- 2419(part)_ �. Q r b