Sec. 2-50. Same-Services and facilities.

   The chief administrative officer is authorized to make available to the library board such services and facilities of the county government as may be necessary to carry out its functions. (Mont. Co. Code 1965, § 2-56; 1969 L.M.C., ch. 34, § 12.)

Sec. 2-51. Library Board-Local advisory committees.

   The library board may designate, from among the residents of each area in which a branch library or station has been located, a local advisory committee of not less than 3 members, to consult with and make recommendations to the library board concerning local library needs. A local advisory committee may make recommendations to the county executive for filling vacancies on the library board and to the library board concerning the construction of new library buildings in the area which the committee represents. A member of a local advisory committee is appointed for a term of 3 years; in an appointment to fill a vacancy before a term expires, the successor serves the rest of the unexpired term. (Mont. Co. Code 1965, § 2-57; 1969 L.M.C., ch. 34, § 13; FY 1991 L.M.C., ch. 9, § 1.)

Sec. 2-52. Transfer of facilities of existing libraries to county.

   (a)   Under the direction of the county executive, the director of the department of public libraries is hereby authorized and directed to negotiate with properly authorized representatives of the governing bodies of all public libraries or subscription libraries existing in the county or the governing bodies of any incorporated municipality within the county which operates, owns or supports, in whole or in part, a public library as of the effective date of this article for the transfer to the county, upon such terms and conditions as may be agreed upon, of all book collections, equipment and other facilities or property including land and buildings which such governing bodies may desire to transfer into the county public library system. The director is directed, at the request of such governing body, to include among such terms and conditions the following:

      (1)   Warranties to any such governing body that library facilities at least equivalent in value to the facilities and property transferred into the county system by any governing body will be made available by the county in the form of library facilities and services to the particular area represented by such governing body, and

      (2)   Provisions that any such governing body holding in trust cash, securities or any other evidences of indebtedness or unimproved real property acquired from proceeds of taxes levied for a library special taxing area may retain such cash, evidences of indebtedness and property for use in making available, at such times as there has been placed in operation a library building adequate to serve the council district in which located, such additional library facilities as such governing body in its discretion determines to be suitable and as may be approved by the director.

   (b)   After the terms and conditions of transfer of any such facilities and property have been agreed upon, the county executive is hereby authorized to accept, on behalf of the county, the transfer of such facilities and property to the county effective on the first day of July next following. The conveyance of title to the county of any property pursuant to the provisions of this article shall be evidenced by a written contract or agreement approved by the county attorney. (Mont. Co. Code 1965, § 2-58; 1969 L.M.C., ch. 34, § 14.)

Sec. 2-53. Annual payment of county library tax to certain municipalities.

   (a)    If the governing body of any municipality in the County which supports or operates a free public library on December 31, 1997 does not transfer that library into the County system, the Director of Finance must pay annually to the governing body of that municipality for library purposes, as soon after the beginning of each fiscal year as possible:

      (1)   an amount which would be realized if that portion of the general County ad valorem tax rate on real and personal property attributable to the appropriation for the Department of Public Libraries for that fiscal year were levied against the assessed value, on the preceding County date of finality, of the real and personal property in that municipality; or

      (2)   a lower amount approved in the annual operating budget or a Council resolution.

      For the purposes of this subsection, the amount of the appropriation for the Department of Public Libraries in any fiscal year includes the estimated amount of the payment to that municipality in that fiscal year. The amount of payment to any municipality must not exceed in any given fiscal year the amount of revenue derived from taxes levied by that municipality for library purposes for the preceding fiscal year.

   (b)    If the governing body of a library supported by a municipality indicates a desire to transfer all or part of the library facilities owned by it into the County public library system, the Director of Public Libraries must negotiate for that transfer as provided in this Article. (Mont. Co. Code 1965, § 2-59; 1999 L.M.C., ch. 11, § 1; 2010 L.M.C., ch. 23, § 1.)

   Editor’s note—2010 L.M.C., ch. 23, § 3, states: The amendments inserted in Section 2-53 in Section 1 expire after June 30, 2012.

Sec. 2-54. Adoption of administrative rules.

   The director, with the approval of the library board, shall have authority to adopt such administrative rules, including provision for library fines, as may be necessary for the conduct of the central book depository and the several branches, stations and bookmobiles. (Mont. Co. Code 1965, § 2-60.)

Division 10. DEPARTMENT OF TRANSPORTATION.*

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   *Editor’s note—2008 L.M.C., ch. 5, § 3, states: Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

Sec. 2-55. Functions.

   The Department of Transportation must:

   (a)   furnish information and make recommendations to the Planning Board regarding the feasibility of implementing transportation aspects of master plans;

   (b)   coordinate and cooperate with other bodies and agencies regarding transportation;

   (c)   develop programs to implement transportation elements of the County general plan and area master plans;

   (d)   control, supervise, engineer, design, construct, operate, and maintain roads, streets, highways, bridges, culverts, storm drainage systems, pedestrian and bicycle pathways and walkways, and related facilities benefitting the County, including services relating to street cleaning, trees, plantings, and leaf collection;

   (e)   perform all public transit engineering and operational functions, including:

      (1)   mass transit;

      (2)   bus service;

      (3)   taxicabs;

      (4)   commuter rail service;

      (5)   limousine service;

      (6)   airparks, landing fields, and related functions; and

      (7)   transportation demand management programs;

   (f)   review and approve transportation elements of development plans, including storm drainage and paving plans; grade establishment plans; utility plans; pre-preliminary, preliminary and site plans; and construction permits for any work in public space;

   (g)   acquire and dispose of real property used (or intended to be used) for roads, streets, highways, bridges, culverts, storm drainage systems, and related facilities; and

   (h)   operate and maintain public parking facilities under Chapter 60; enforce parking regulations; manage the parking enterprise fund under Chapter 60, and remodel, restore, and renovate public parking facilities under Chapter 60 that will remain open during the work. (1996 L.M.C., ch. 4, § 1; 2008 L.M.C., ch. 5, § 1; 2015 L.M.C., ch. 5, § 1; 2016 L.M.C., ch. 8, § 1.)

   Editor's note—1996 L.M.C., ch, 4, §§ 3—5 of 1996 L.M.C., ch. 4, state:

   Sec. 3. Any responsibility or right granted by law, ordinance, regulation, contract, or other document to the Department of Transportation or to the Department of Facilities and Services is transferred to the Department of Public Works and Transportation.

   Sec. 4. Any regulation in effect on the effective date of this Act that implements a function transferred to the Department of Public Works and Transportation Section 1 of this Act continues in effect, but any reference in any regulations to the Department of Transportation or to the Department of Facilities and Services must be treated as referring to the Department of Public Works and Transportation. The transfer of a function under this Act does not affect the rights of a party to any legal proceeding begun before this Act took effect.

   Sec. 5. All duties and authority involving solid waste assigned by the County's Comprehensive Solid Waste Management Plan to the Department of Environmental Protection and to the Director of that Department are reassigned to the Department of Public Works and Transportation and to the Director of the Department of Public Works and Transportation, respectively. Any reference in that Plan to the Department of Environmental Protection and to the Director of that Department must be treated as referring to the Department of Public Works and Transportation and to the Director of the Department of Public Works and Transportation, respectively."