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Item 1.K.
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| City Council Regular | |
| Date: | 02/12/2024 |
| Title: | BMCC Chapter 26 Water and Wastewater Second Reading |
| Presented by: | Debi Meling |
| Department: | Public Works |
| Presentation: | No |
| Legal Review: | Yes |
| Project Number: | N/A |
RECOMMENDATION
Staff recommends that City Council approve the modifications to BMCC Chapter 26 on second and final reading.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
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:
The following language was modified to address the issues that were discussed:
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.
- 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 following language was modified to address the issues that were discussed:
Developer shall, at all times, provide to the city a current address for purposes of mailing reimbursement payments to developer. At no time does the city have an obligation to make reimbursement payments to developer's heirs, representatives, and successors. Reimbursements will be paid to an assign only if the developer has provided the city written confirmation of the developer’s assignment showing: (a) the effective date of the assignment; and (b) the assign's full name, current address, and phone number. If developer or assign has a right to reimbursement or reason to believe it is entitled to reimbursement that has not been received, developer or assign must make a request to the Public Works Director for such reimbursement within five (5) years from date of connection to the main or its claim shall be waived. If the city does not have a current address on file at the time of reimbursement, developer or assign shall not receive nor be due reimbursement.
The modifications were presented to the Budget and Finance committee on December 13, 2023, City Council during a work session on January 2, 2024, and developers from the community on January 18, 2024. The First Reading and Public Hearing was held on January 22, 2024, and after holding the public hearing, City Council approved the first reading with modifications recommended by staff. The ordinance attached to this memo reflects all changes made to BMCC 26 through the previous meetings.
ALTERNATIVES
City Council may:
- Approve the modifications to the BMCC Chapter 26 on Second 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.
FISCAL EFFECTS
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.