Staff recommends that City Council approve the modifications to BMCC Chapter 26 after holding a public hearing.

Chapter 26 of the Billings, Montana City Code (BMCC) defines the policies related to water and wastewater service.  City staff has determined a need to modify portions of Chapter 26 to address several issues.

There are several "clean up" items that need to be addressed and are as follows:

• Stormwater.  In 2011, reimbursement conditions for stormwater were added to this section.  In 2015, many of them were removed but not all.  The modifications will delete all remaining references to stormwater.  The stormwater section of the BMCC is being modified later in 2024 to include reimbursement.
• Annexation terminology: The annexation terminology used by the city has changed, so references within BMCC Chapter 26 were changed to reflect the new terminology.
• Definitions: There is an inconsistency between the definitions in the BMCC and the Water/Sewer Rules and Regulations that need to be corrected.
• Billing: The billing section of the chapter needs to be updated to reflect changes to billing procedures.

There are a few content related items that need to be updated as well:

• Backflow prevention needs to be added to the BMCC.
• Reimbursement conditions need to be updated to reflect direction from the City Council.
• The requirement to discontinue open ditches is not always in the best interest of the City and should be removed from this section of the BMCC.

The modifications were presented to the Budget and Finance committee on December 13, 2023, and to City Council during a work session on January 2, 2024.  The Budget and Finance Committee and City Council both indicated concurrence with the presented changes with a modification to the time for reimbursement payments. Also, City Council asked that staff incorporate changes to the reimbursement language to ensure the responsibility for meeting the conditions for repayment to the developer who constructed the improvements falls on the developer. Additionally, some minor language revisions were requested by City Council. Changes were incorporated and will be discussed during the presentation. 

 

City staff is meeting with developers before the January 22, 2024, City Council meeting to discuss these modifications. Staff will present any feedback during the presentation.

City Council may:

• Approve the modifications to the BMCC Chapter 26 on First Reading; or,
• Not Approve the modifications.  If not approved, the changes will not be made and policies related to Water and Wastewater service will continue as they currently are.

The significant fiscal impact is associated with the reimbursement conditions.  Currently, reimbursement is often required at annexation but the City Code does not define the conditions.  Also, for properties that are already annexed, reimbursement would not be required without these modifications.