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53 Montana Attorney General Reports and Opinions 1 (2009)

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