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![handle is hein.sag/sagmt0006 and id is 1 raw text is: VOLUME NO. 53
CITIES AND TOWNS - Authority to incorporate a municipality within the boundary of
an existing resort area;
MUNICIPAL GOVERNMENT - Authority to incorporate a municipality within the
boundary of an existing resort area;
RESORT AREA DISTRICT - Impact of municipal incorporation on existing resort area;
MONTANA CODE ANNOTATED - Title 7, chapter 2, part 41; Title 2, chapter 6, part
15; sections 1-2-101, 2-15-501, 7-2-4101, -4101 to -4111, -4103(2), -4901 to -4920, 7-6-
1501, (4), (a), (b), (c), (d), (5), (a), (b), (c), (d), -1502, -1502 to -1509, -1504, -1508,
-1532, -1532 to -1540, -1542, -1543, -1548 to -1550.
HELD: 1. A municipality may be organized within the boundaries of a resort
area or resort area district.
2. The incorporation of a municipality within the boundaries of a resort
area does not alter the boundaries of the area, exclude property that
is within the boundaries of the newly created municipality from the
application of the resort tax, or preclude the expenditure of the area's
resort tax revenue for expenses or projects within the municipality's
boundaries as provided by law.
April 7, 2009
Mr. Marty Lambert
Gallatin County Attorney
1709 West College
Bozeman, MT 59715
Dear Mr. Lambert:
[Pl] You have requested my opinion on the following question:
What effect would municipal incorporation of a portion of the property of a
resort district area have upon the boundaries and/or administration of the
resort area district?
OPINION NO. 1](ViewImageLocal?handle=hein.sag/sagmt0006&div=1&collection=&method=preview&ext=.png&size=3)