A. The city council may enter into an agreement with the subdivider, and the owners of the property proposed to be subdivided if other than the subdivider, that the installation of required improvements will be financed through a special improvement district created pursuant to Title 7, Chapter 12, MCA. This agreement must provide that no lots within the subdivision will be sold, rented or leased, and no contract for the sale of lots executed before the improvement district has been created.

B. The subdivider, or other owners of the property involved, must also petition the city council to create an improvement district, which constitutes a waiver by the subdivider or the other owners of the property of the right to protest, or petition against, the creation of the district under either Section 7-12-2109 or Section 7-12-4110, MCA. This waiver must be filed with the county clerk and recorder and will be deemed to run with the land. (Ord. 588 § 1(part), 1996)