Staff recommends that the City Council conduct a public hearing and approve the resolution creating SILMD 331 if the valid protest does not exceed 50%.

Property owners along Montana Avenue desire to have the existing lights of SILMD 18 & 208 upgraded to more efficient LED lighting. The lighting improvements include the retrofitting of 10 cobra-head style streetlights and 13 decorative pedestrian-style streetlights within the project area. In order to install these improvements, it becomes necessary to create a Special Improvement Light Maintenance District (SILMD). The installation cost will be assessed to all properties with frontage along the streets to receive streetlights. The City will administer the 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 331 at the May 22, 2023, meeting and set a June 12, 2023, 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 28 tax codes, 1 of those has a valid Waiver of Right to Protest an SID.

The new lighting will use the existing light poles with LED lamps and underground wiring and service meters will be installed at any current un-metered service within the existing Districts 18 & 208.  Upon creation, SILMD 18 & 208 will be discontinued.

The deadline for written protests is Monday, June 12th, 2023, at 12:00 p.m.  The number and percentage of valid written protests received will be reported to City Council at the June 12, 2023, 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%.

City Council may:

• Approve the Resolution creating SILMD 331 to provide a source of funding for the installation, operation, maintenance and replacement of the streetlights; or
• Not approve 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. 

The initial cost to retrofit the existing lights will be paid for by assessments to property owners for 15 years.  The on-going operations and maintenance costs will be assessed as long as the district is in place.

All costs of providing energy and ongoing maintenance for the lighting are paid from assessments against the properties within the light district with one exception.  The United States Federal Building at the Northwest corner of North 26th Street lies within the SILMD 331 Boundary. The estimated assessments for this property are $382.14 for the maintenance and $2,357.14 for the improvements.  Based on MCA 7-12-4326, Treatment of Federal Lands Within Lighting District, assessments for federally owned properties are paid out of the City's General Fund.