WATER AND SEWER DEPARTMENT

§ 2-1-1 WATERWORKS COMMITTEE.

   (A)   The Mayor shall appoint at the first regular meeting of the City Council in May of each general election year, three members from said City Council, who shall constitute the Committee on Waterworks; said Committee shall serve for a term of two years and until their successors are appointed.

   (B)   The Waterworks Committee shall have the immediate control and management of all things pertaining to the city waterworks, under the rules and regulations from time to time may be established by the City Council and the provisions of this subchapter.

(1992 Code, § 5-1-301)

§ 2-1-2 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   PRIVATE SEWER.

      (1)   Sewers that serve as a drain to a building or buildings which sewers remain in the ownership of the individual property owners.

      (2)   All PRIVATE SEWERS must be constructed as provided in this code and under the supervision of the Superintendent of Sewers, and the city must be at no expense in constructing, repairing or cleaning the same, but the same must be done at the expense of the owner or owners.

(1992 Code, § 5-1-303)

   PUBLIC SEWER. A sewer that serves as a drain or sewage collector system. Such sewer has been designated by the City Council as a PUBLIC SEWER and said city has accepted the responsibility for maintenance and upkeep.

(1992 Code, § 5-1-302)

§ 2-1-3 PROPERTY OUTSIDE CITY LIMITS.

   No permits shall be granted, and no connections may be made to any or water mainline or lateral, now installed or hereafter to be installed, for the purpose of serving any property lying outside of the city limits.

(1992 Code, § 5-1-304)

§ 2-1-4 RULES AND REGULATIONS.

   The Council is given full power and authority to adopt rules and regulations of the sewerage system and water system.

(1992 Code, § 5-1-305)

COURT DEPARTMENT

§ 2-1-15 ESTABLISHMENT.

   (A)   A City Court is established in the city.

   (B)   The elected City Judge shall establish regular sessions of the Court.

   (C)   On judicial days, the Court shall be open for all business, civil and criminal. On non-judicial days, as defined in MCA 3-1-302, the Court may transact criminal business only.

   (D)   Police Court is renamed City Court, and all references to Police Court or Police Judges in this code shall be considered amended to read City Court or City Judge.

(1992 Code, § 5-1-501)

§ 2-1-16 CONCURRENT JURISDICTION.

   (A)   The City Court has concurrent jurisdiction with the Justice’s Court of all misdemeanors and proceedings mentioned and provided for under MCA Title 3, Ch. 10, Part 3.

   (B)   Applications for search warrants and complaints charging the commission of a felony may be filed in the court. When they are filed, the City Judge has the same jurisdiction and responsibility as a Justice of the Peace, including the holding of a preliminary hearing. The City Attorney may file an application for a search warrant or a complaint charging the commission of a felony when the offense was committed within the city limits. The County Attorney, however, must handle any action after a defendant is bound over to District Court.

(1992 Code, § 5-1-502)

§ 2-1-17 EXCLUSIVE JURISDICTION.

   Except as provided in MCA 3-11-104, the City Court has exclusive jurisdiction of:

   (A)   Proceedings for the violation of an ordinance of the city, both civil and criminal;

   (B)   When the amount of the taxes or assessments sought does not exceed $2,500, actions for the collection of taxes or assessments levied for any of the following purposes, except that no lien on the property taxes or assessed for the nonpayment of the taxes or assessments may be foreclosed in any such action:

      (1)   City purposes;

      (2)   The erection or improvement of public buildings;

      (3)   The laying out, opening or improving of a public street, sidewalk, alley or bridge;

      (4)   The acquisition or improvement of any public grounds; and

      (5)   Public improvements made or ordered by the city within its limits.

   (C)   Actions for the collection of money due to the city or from the city to any person when the amount sought, exclusive of interest and costs, does not exceed $2,500;

   (D)   When the amount claimed, exclusive of costs, does not exceed $2,500, action for:

      (1)   The breach of an official bond given by a city officer;

      (2)   The breach of any contract when the city is a party or is in any way interested;

      (3)   Damages when the city is a party or is in any way interested;

      (4)   The enforcement of forfeited recognizes given to, for the benefit or on behalf of the city; and

      (5)   Collection on bonds given upon an appeal taken from the judgment of the court in any action mentioned in divisions (D)(1) through (D)(4) above;

   (E)   Actions for the recovery of personal property belonging to the city when the value of the property, exclusive of the damages for the taking or detention, does not exceed $2,500; and

   (F)   Actions for the collection of a license fee required by an ordinance of the city.

(1992 Code, § 5-1-503)