City staff has developed a program to address concrete problems throughout the city in a more efficient and proactive manner which will reduce the City's liability exposure. The program uses three different methods; on-going grinding; on-going concrete replacement; and annual missing and replacement concrete. The first two methods include the city's contractor performing the work after required property owner notification. The cost of the work will be invoiced to the property owners and can be paid at one time or in installments over five years.  The annual program will be the same as it has been for many years in accordance with Montana Code Annotated 7-14-4109 but is also included in the updated city code section for clarification.  Two City Code sections need to be amended to reflect the modifications to the program. Billings, Montana City Code, (BMCC) Sections 22-232 and 13-1200 as amended define the process and terms of the program.

 

City Council may:

• Approve the amendments to City Code, or;
• Disapprove the amendments to City Code.  If the code is not changed, the on-going concrete repair and replacement programs will be assessed to property owners in one lump sum and they will not have an option of paying over time.

With the financing option added to the City Code, the city will be using up to $80,000 of gas tax to start the program. Over time, the payments being made from previous years will fund the on-going program and gas tax will not be needed. Once the repayment has reached the necessary level to sustain the program, the gas tax funds that were used to seed the program will be repaid to the gas tax fund. There is some risk of property owners not paying the annual amount, but if the payments are not made, the balance will be added to taxes and collected in that manner.

Staff recommends that the City Council hold a public hearing and approve first reading of this ordinance amending BMCC, Sections 22-232 and 13-1200.