The Engineering Division has a street reconstruction project planned for Orchard Lane in the summer of 2016.  The project plan includes installing street lights along those portions of Orchard Lane that do not already have street lighting.  Council passed a Resolution of Intention to Create SILMD 322 at its March 14, 2016, meeting and set an April 11, 2016 public hearing on the proposed district.   Legal notice of the proposed district and public hearing was published and was mailed to all property owners in the proposed district in accordance with State law.

The new lighting will use steel mastarm style poles with LED lamps and underground wiring.  The cost of installing the new lighting will be paid for with funds from the South Billings Urban Renewal District (SBURD).  The adjacent property owners will only pay for electrical energy and maintenance, through an assessment on their property taxes.  Due to public comments, this district replaces the district originally proposed in January and will be assessed on a frontage basis instead of an area basis as was originally planned. The estimated average annual cost is $92 per property.   Pursuant to 7-12-4327 Montana Code Annotated, properties outside of, but contiguous to, the city limits will be assessed for their share of the energy and maintenance costs for the lighting. 

The deadline for written protests is Friday, April 1, 2016.  The number and percentage of valid written protests received will be reported at the April 11 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%.

Staff recommends that the City Council conduct a public hearing and approve the resolution creating SILMD 322 if the valid protest does not exceed 50%.