The City Council annexed 12 properties in the area of East Billings between the East Billings Urban Renewal District (EBURD) and MetraPark on January 26, 2015. In coordination with these annexations, the City has begun design on a large infrastructure project to make public improvements in the East Billings area (WO #15-08 Exposition Gateway Infrastructure Improvements). The project will improve the road rights-of-way adjacent to the annexed properties as well as right-of-way between the properties and in the East Billings area. To provide continuity of jurisdiction and match the area of the public infrastructure project, the City is proposing under Section 7-2-4400, MCA to annex all of the road rights-of-way in the area, not just the rights-of-way adjacent to the annexed properties. Yellowstone County concurs with the City's annexation request and has quitclaimed any interest the County may have in the road Rights-of-way (see attached documents). The rights-of-way include portions of 6th Avenue North, 4th Avenue North, 3rd Avenue North, 2nd Avenue North, 1st Avenue North, Main Street (Exposition Drive), and some alleys in the area. This annexation would accomplish the right-of-way annexations.

The road rights-of-way are located within the five-year annexation area of the City's Limits of Annexation Map. The City Council’s policy and the state regulations under Section 7-2-4400, MCA for this type of annexation require consideration of the annexations at two separate meetings. At this meeting, the Council is scheduled to acknowledge the annexation request, approve a resolution of intent to annex the property, and set a public hearing date. At the second meeting on April 27, the Council is expected to conduct the hearing and decide if it will annex the road right-of-way. The Council also will be asked to accept the quitclaim deed from Yellowstone County regarding the road rights-of-way. 

Section 7-2-4400, MCA, allows municipalities to annex property. The only alternative that is consistent with past City Council practice is to acknowledge receipt of the right-of-way annexation, act on a resolution of intent to annex the right-of-way, and set a public hearing date for April 27 to consider the annexation.

The property to be annexed is road right-of-way. Portions of the right-of-way to be annexed will be maintained by the City and parts will maintained by the Montana Department of Transportation. There will be some financial cost to the City's Public Works Department for future maintenance of portions of the right-of-way to be annexed.

Staff recommends that the City Council acknowledge the City Public Works request to annex the road right-of-way and Yellowstone County's support of the annexation through quitclaim deed, approve a resolution of intent to annex the right-of-way, and schedule a public hearing for April 27 to consider annexing the right-of-way.