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Regular   2.
Regular City Council Meeting
Meeting Date:
10/12/2020
TITLE
Public Hearing and Resolution to Create SILMD 328
PRESENTED BY:
Debi Meling
Department:
Public Works
Division:
Engineering

RECOMMENDATION

Staff recommends that the City Council conduct a public hearing and approve the resolution creating SILMD 328 if the valid protest does not exceed 50%.

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

The State of Montana is currently in the process of improving 27th Street between State Avenue and Rimrock Road. Among the improvements is the installation of new streetlights. If streetlights are installed, a Special Improvement Light Maintenance District (SILMD) is required to provide energy to the new lights. Usually a SILMD includes maintenance, however, an agreement has been made with the State of Montana and they will continue to own and maintain the new lights.  Council passed a Resolution of Intent to Create SILMD 328 at its September 14, 2020, meeting and set a October 12, 2020 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.

The new lighting will use cobra style poles with LED lamps and underground wiring. The SILMD will include only the power costs for the district. 

The deadline for written protests is Monday, October 5, 2020 at 5:00 p.m.  The number and percentage of valid written protests received will be reported to City Council at the October 12, 2020 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%.

ALTERNATIVES

City Council may:
  • Approve, the Resolution creating SILMD 328 to provide a source of funding for the operation of the streetlights or; 
  • Disapprove the Resolution creating the district.  If the Council does not adopt the Resolution, the property owners cannot be assessed for operation, and the new lighting be installed but not turned on.

FISCAL EFFECTS

All costs of maintaining the lighting wil be paid by the State of Montana. All costs of  providing energy for the lighting are paid from assessments against the properties within the light district.  

There are eleven City of Billings owned properties located within the District. The total assessed frontage is 1,546 feet, equaling an estimated total annual assessment of $897.21.

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