Montana § 7-5-4301 Power To Enter And Execute Contracts

Montana Statutes

§ 7-5-4301 — Power To Enter And Execute Contracts

Montana·Title 7 LOCAL GOVERNMENT·Ch. 5 GENERAL OPERATION AND CONDUCT OF BUSINESS·Part 43 Municipal Contracts and Franchises

7-5-4301 . Power to enter and execute contracts.

(1)Except as provided in 7-5-4311 regarding a conflict of interest, a city or town is authorized to make any contracts necessary to carry into effect the applicable powers granted by this chapter and to provide for the manner of executing the contracts.

(2)(a) All necessary contracts for professional, technical, engineering, or legal services are excluded from the provisions of 7-5-4302 through 7-5-4304 , 7-5-4306 , and 7-5-4307 . However, contracts in which the value of the majority of the services to be rendered constitute services other than professional, technical, engineering, or legal services must be awarded under the bidding procedure provided for in 7-5-4302 through 7-5-4304 , 7-5-4306 , and 7-5-4307 .

(b)(i) Except as provided i

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7-5-4301 . Power to enter and execute contracts. (1) Except as provided in 7-5-4311 regarding a conflict of interest, a city or town is authorized to make any contracts necessary to carry into effect the applicable powers granted by this chapter and to provide for the manner of executing the contracts.
(2) (a) All necessary contracts for professional, technical, engineering, or legal services are excluded from the provisions of 7-5-4302 through 7-5-4304 , 7-5-4306 , and 7-5-4307 . However, contracts in which the value of the majority of the services to be rendered constitute services other than professional, technical, engineering, or legal services must be awarded under the bidding procedure provided for in 7-5-4302 through 7-5-4304 , 7-5-4306 , and 7-5-4307 .
(b) (i) Except as provided in subsection (2)(b)(ii), supervision over or operation of a physical plant that provides water, sewer, or power services to a municipality does not constitute a service excluded under the provisions of subsection (2)(a).
(ii) A city, town, or municipality may extend, renew, or amend a contract or series of contracts for the supervision or operation of a physical plant that provides water, sewer, or power services without proceeding under the bidding procedure provided for in 7-5-4302 through 7-5-4304 , 7-5-4306 , and 7-5-4307 if:
(A) one or more of the contracts were awarded to the entity in accordance with the competitive bidding procedures provided in 7-5-4302 through 7-5-4304 , 7-5-4306 , and 7-5-4307 ; and
(B) the entity has provided the services to the city, town, or municipality for the immediately preceding 5-year period.

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Legislative History

(1)En. Subd. 63, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.62, R.C.M. 1935; Sec. 11-965, R.C.M. 1947; (2)En. Sec. 1, Ch. 48, L. 1907; Sec. 3278, Rev. C. 1907; re-en. Sec. 5070, R.C.M. 1921; amd. Sec. 1, Ch. 22, L. 1927; re-en. Sec. 5070, R.C.M. 1935; amd. Sec. 1, Ch. 18, L. 1939; amd. Sec. 1, Ch. 59, L. 1941; amd. Sec. 1, Ch. 153, L. 1947; amd. Sec. 1, Ch. 139, L. 1949; amd. Sec. 1, Ch. 220, L. 1959; amd. Sec. 1, Ch. 26, L. 1963; amd. Sec. 1, Ch. 121, L. 1969; amd. Sec. 1, Ch. 371, L. 1971; Sec. 11-1202, R.C.M. 1947; R.C.M. 1947, 11-965, 11-1202(part); amd. Sec. 1, Ch. 542, L. 1983; amd. Sec. 1, Ch. 182, L. 1987; amd. Sec. 1, Ch. 526, L. 2003; amd. Sec. 5, Ch. 710, L. 2025.