The Billings Montana City Code (BMCC) Article 26-200, Water and Wastewater Service Area states that the water and/or wastewater service area may be expanded either by a property annexing to the City or if certain conditions are met allowing properties outside of the City limits to be added to the respective service areas.  The proposed changes in this ordinance allow the Council to waive requirements of BMCC Article 26-203 and 26-204 regarding petitions for service and annexation, if in their discretion there exists unique or exceptional factual circumstances that convince them that such requirements within these two sections of City code are unnecessary or impractical.  An example of this situation might be property that cannot meet the Section 26-203 standards of proximity to the current city limits and service area, but to protect public health and safety, the City wants to provide it with utility services. 
 
At the June 27, 2016 meeting Council will be asked to consider approving a sanitary sewer service agreement with Meadowlark Capital for its manufactured home park (formerly Blaine's).  The waiver provision within this ordinance is necessary for Meadowlark to connect to the City's sewer because its property cannot meet the BMCC Section 26-203 annexation or proximity standards.  Providing sanitary sewer service to this property will protect public health, which will be further described when the agreement is presented to Council.  Other parts of Section 26-200 need to be updated and within one (1) year, staff will propose a more comprehensive re-write for the Council's consideration. 
 

City Council may conduct the public hearing and:

• approve the first reading of the ordinance amending BMCC Article 26-200, Water and Wastewater Service Area; or,
• modify the draft ordinance and approve it on first reading; or,
• do not approve the first reading of the ordinance.  If not approved, properties desiring water or sewer service  that are not eligible to annex or are not adjacent to the current service area could not obtain City water or sewer service even if it would benefit the City of Billings and would protect public health and safety.     

There is no financial impact to adopting the ordinance.  The waiver provision may have financial implications if the Council waives the current proximity and annexation standards and provides service to properties outside of the city limits and not adjacent to other served property.  Those impacts will be explained when applications are presented to the Council.

Staff recommends that the City Council hold a public hearing and approve this ordinance on first reading, amending City Code Article 26-200, Water and Wastewater Service Area.