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Item 1.K.
 
City Council Regular
Date: 06/26/2023
Title: Annexation 23-05, Resolution of Intent to Annex City Owned Property at Tracts 9, 10, and 12 of Certificate of Survey No. 2037, and Tract C of Certificate of Survey No. 3795
Presented by: Hunter Kelly, Planner 1
Department: Planning & Community Services
Presentation: No
Legal Review: Not Applicable
Project Number: PZX-23-00094

RECOMMENDATION

Staff recommends that the City Council approve the Resolution of Intent to annex the areas adjacent to Billings-Logan International Airport and set a public hearing date for July 24, 2023.

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

The City Council is being asked to begin the process to annex area adjacent to the airport for the protection of the airport. State Law under 7-2-43 MCA provides municipalities the authority to annex contiguous land. The subject properties are 133.55 gross acres of land owned by the City of Billings. The properties are legally described as Tracts 9, 10, and 12 of Certificate of Survey No. 2037, recorded December 23, 1980, under Document No. 1185840 on file and of record in the office of the Yellowstone County Clerk and Recorder and Tract C of Certificate of Survey No. 3795, recorded August 17, 2021, under Document No. 3985813 on file and of record in the office of the Yellowstone County Clerk and Recorder. The properties are west and north, respectively, of the Billings-Logan International Airport. MCA 7-2-4312 allows municipalities the authority to act on a Resolution of Intent creating a notice period and setting a public hearing for the annexation of the property. The attached Resolution of Intent sets the public hearing and consideration by City Council of the Resolution to Annex the property for July 24, 2023.

ALTERNATIVES

Section 7-2-43 of the Montana Code Annotated (MCA) provides the process for local governments to annex contiguous properties. To comply with Section 7-2-4312 MCA, the City Council needs to adopt a Resolution of Intent to annex the property.
The Council may:
  • Approve the Resolution of Intent to annex the contiguous property, creating a 20-day notice period and setting of the public hearing as provided in 7-2-4313 and 7-2-4313 MCA, or;
  • Disapprove the Resolution of Intent to annex the property and have it remain outside the City Limits.
If this resolution of intent does not pass, the associated Zone Change and Resolution for Annexation will not occur on July 24.

FISCAL EFFECTS

This annexation shall have no financial impact on the Planning Division.

Attachments