Skip to main content

AgendaQuick™

View Agenda Item

Item 3.
 
City Council Regular
Date: 12/12/2022
Title: Public Hearing and Resolution Creating SILMD 332
Presented by: Debi Meling
Department: Public Works
Presentation: Yes
Legal Review Yes

RECOMMENDATION

Staff recommends that the City Council conduct a public hearing and approve the resolution creating SILMD 332 if the valid protest does not exceed 50%.

BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)

The reconstruction of Mullowney Lane from Elysian Road to Midland Road is planned for 2023. The street improvements include the installation of 19 streetlights within the project area. The City will administer the Street Light Maintenance District (SILMD) by assessing the property owners for the costs of maintaining the district and paying Northwestern Energy for the electricity. Council approved a Resolution of Intent to Create SILMD 332 at the November 14, 2022, meeting and set a December 12, 2022, public hearing on the proposed district.   Legal notice of the proposed district and public hearing was published and mailed to all property owners in the proposed district in accordance with State law.  Of the 117 tax codes, 111 of those have a valid Waiver of Right to Protest an SID.

The new lighting will use standard light poles with LED lamps and underground wiring.  

The deadline for written protests is Monday, December 5, 2022, at 5:00 p.m.  The number and percentage of valid written protests received will be reported to City Council at the December 12, 2022, Council meeting.  As provided in State law, the City Council has the authority to create the district if the legal protest does not exceed 50%.

ALTERNATIVES

City Council may:
  • Approve the Resolution creating SILMD 332 to provide a source of funding for the operation, maintenance and replacement of the streetlights; or
  • Disapprove the Resolution creating the district.  If the Council does not adopt the Resolution, the property owners cannot be assessed for the operation, maintenance and replacement of the streetlights and the new lighting will not be installed. 

FISCAL EFFECTS

All costs of providing energy and ongoing maintenance for the lighting are paid from assessments against the properties within the light district.  There is one City of Billings owned property located within the District, a portion of City park. The total assessed frontage is 20 feet, equaling an estimated total annual assessment of $18.91.

Attachments