Regular 2.
Regular City Council Meeting
- Meeting Date:
- 12/17/2012
- TITLE
- Proposed legislation to amend the Special District protest process
- PRESENTED BY:
- Bruce McCandless, Asst City Administrator
- Department:
- City Hall Administration
Presentation:
Information
PROBLEM/ISSUE STATEMENT
When the City of Billings created Park Maintenance District No. 1, Councilmembers heard several complaints about the protest process. Residents said that the process is too difficult to understand and too difficult to mount a successful protest that would stop the District's creation. The special district protest process is specified in Title 7, Chapter 12, Part 41 and the City accurately followed the law. Several legislators spoke at the hearings and indicated their intention to change the law in the 2013 Legislature. City Councilmembers and staff have continued their dialog with legislators and it is apparent that the Legislature will consider changing the special district law.
The Montana Association of Counties (MACO) drafted legislation that would require a public vote with a low protest rate. That needlessly complicates the process and increases expenses. Some legislators have indicated they want to repeal the law that the 2009 Legislature created, which would make it more difficult and expensive for cities and counties to create special districts. Staff and Ed Bartlett, the City's lobbyist, have produced an alternative to MACO's and legislators' proposals. Before promoting the proposal with legislators or other local governments, staff is requesting that the City Council endorse it, which will allow Mr. Bartlett and staff to find a sponsor and promote the bill. The bill would require local governments to provide a protest letter to residents, give a longer time to obtain protests, allow any owner to sign the protest and give protesters more flexibility in meeting the protest threshold. A more complete description of the present and proposed process is contained in an attachment to this report.
The Montana Association of Counties (MACO) drafted legislation that would require a public vote with a low protest rate. That needlessly complicates the process and increases expenses. Some legislators have indicated they want to repeal the law that the 2009 Legislature created, which would make it more difficult and expensive for cities and counties to create special districts. Staff and Ed Bartlett, the City's lobbyist, have produced an alternative to MACO's and legislators' proposals. Before promoting the proposal with legislators or other local governments, staff is requesting that the City Council endorse it, which will allow Mr. Bartlett and staff to find a sponsor and promote the bill. The bill would require local governments to provide a protest letter to residents, give a longer time to obtain protests, allow any owner to sign the protest and give protesters more flexibility in meeting the protest threshold. A more complete description of the present and proposed process is contained in an attachment to this report.
ALTERNATIVES ANALYZED
The City Council may:
- Approve the recommendation to promote a change to the special district law that makes it easier for property owners to successfully protest a special district creation
- Not approve the recommendation and support or oppose legislation drafted by others as bills are introduced and heard in the 2013 Legislature.
FINANCIAL IMPACT
There is no direct financial impact from this action. Staff and lobbyist time will be committed to promoting the proposal, but they will spend equal or more time opposing legislation that will probably be introduced in 2013.
RECOMMENDATION
Staff recommends that the City Council approve the attached proposal to change the special district law's protest process and make it easier for property owners to successfully protest a district's creation.