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RESOLUTION NO. 2004-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELGRADE, MONTANA ESTABLISHING
A SERVICE PLAN FOR FUTURE ANNEXATIONS AS REQUIRED UNDER MONTANA CODES
ANNOTATED TITLE 7, CHAPTER 2, PART 46 “ANNEXATION BY PETITION”
AND PART 47 “ANNEXATION WITH PROVISION OF SERVICES.”
- Introduction
The City of Belgrade hereby recognizes that Montana State law has established
municipal governments for the purpose of providing local government
municipal services essential for sound urban development of communities
as well as for the protection of health, safety and welfare in areas
either already being intensively used or undergoing development for
residential, commercial, industrial, institutional and governmental
purposes.
“Historically, the purpose of Montana’s (and any state’s)
annexation statutes have been simply to provide expanding communities
with:
- a united and effective single form of government;
- orderly growth through uniform regulations such as building codes,
planning, and zoning standards; and
- an equal sharing of community resources and financial responsibility
for those resources by people living in an area united by social,
political, and economic interests.”
- Long Range Plan
As required by MCA 7-2-4732, this plan anticipates development for a
period of at least five years into the future. The 2000 Census lists
the City of Belgrade’s population at 5,728. Later estimates by
the Census Bureau list the City’s population at approximately
6,800 as of the start of 2004. During the formulation of sewer, water,
and traffic facilities plans (as noted below) it was projected that
the City would reach a population of 10,500 by 2020. Each of the studies
noted below should be consulted when reviewing proposed annexations.
- The City’s sewage treatment facility is undergoing renovation
in 2003 and 2004 to increase capacity to support a population of
10,500. It was anticipated during the design phase of the sewage
treatment facility upgrade that the sewage facility would reach
capacity within 20 years (2020).
- The City embarked on a water system facility plan upgrade in
2000 and 2001. The water plan calls for two new municipal wells,
both of which are currently under construction, and additional above
ground storage on the south side of I-90 in the future. The water
system plan is anticipated to accommodate future growth to the year
2020.
- The City participated in a traffic study with the Montana Department
of Transportation, the Gallatin Airport Authority, and Gallatin
County beginning in 2001. The transportation plan recommended several
improvements to the existing transportation system within the City
limits and the City’s extraterritorial zoning jurisdiction.
The plan also recommended routes for future road extensions and
addressed the possibility of a new I-90 interchange in the Belgrade
area. The City is participating with other entities to promote planning
and funding of a second Belgrade area I-90 interchange.
- Areas Considered for Annexation
- Currently there are numerous areas adjacent to and lying on the
perimeter of the City of Belgrade that are natural extensions of
the City but which are not presently located within the corporate
boundaries of the City. Some of these areas are already extensively
developed and are deriving benefits from the City of Belgrade without
paying their just and equal share for these municipal services.
Other areas are not extensively developed, but given the current
growth trends in the Belgrade area will be attractive for development
in the future. Except for inter-local agreements with other governmental
entities, i.e. the Gallatin Airport Authority, it is the policy
of the City of Belgrade that properties outside of the City shall
not be connected the City’s water and sewer system.
- Within the next five (5) years the City anticipates future residential
and commercial development along the west side of Jackrabbit Lane
between I-90 and Main Street, properties west of Westwood Circle,
on the north boundary of the current City limits north of Cruiser
Lane, and south of the City limits on property south of Yellowstone
Avenue, properties South of I-90 to approximately Frank Road, and
properties South of I-90 and west of Jackrabbit Lane to Thorpe Road.
- The City of Belgrade will attempt to timely consider any property
owner petition requesting annexation of land that is contiguous
with the City and eligible for annexation in accordance with State
statutes. Furthermore, the City of Belgrade plans to consider annexation
of new subdivision developments in a timely manner whenever a developer
submits a development proposal to the City for annexation.
- Petition(s) for Annexation
- If a property owner(s) petitions the City to have property annexed
into the City pursuant to MCA Title 7, Chapter 2, Part 46, the property
owner(s) shall submit a petition(s) for annexation in a form substantially
similar to the petition attached hereto as Exhibit 1. The petitioner(s)
shall also provide the City with a map depicting all of the tracts
of land proposed for annexation. The petitioner (s) shall also provide
the City with a certified list with the legal description, and the
names and mailing addresses of the owner(s) of each tract of land
in the area proposed for annexation, from the records of the Gallatin
County Clerk and Recorder, or a licensed title company.
- Municipal Services to Annexed Land
- It is the Plan of the City of Belgrade that City municipal services
will be available to property that is annexed within a reasonable
time (generally not to exceed five years) on substantially the same
basis and in the same manner as such services are available to the
rest of the municipality. If it is likely that the area proposed
to be annexed will not have City municipal services available within
a reasonable time, the area should not be annexed.
- All residents, property owners, and businesses located or serving
a newly annexed area will be required to comply with all City, State,
and Federal laws, statutes, regulations, ordinances, and resolutions,
including but not limited to, building codes, fire prevention ordinance
and fire codes, fireworks ordinances, dog license ordinance, business
license ordinance, and all other laws, statutes, regulations, ordinances,
and resolutions.
- General Policies for Providing Services to Annexed Property
- The City plans to generally provide municipal services of police,
fire, street maintenance, parks and recreation and all general administrative
services of the City of Belgrade to annexed property immediately
upon annexation. The financial cost of extending such services shall
generally be shared by the entire municipality through municipal
revenues allocated and expended pursuant to the City’s annual
budget adopted each fiscal year. No new Citywide bond issue is planned
for the sole purpose of financing provision of municipal services
to annexed areas. All parcels annexed into the City will be required
to enter into the Citywide Street Maintenance District and maybe
required to enter into an existing or future street lighting district.
- The developer(s) or property owner(s) of annexed property will
be required to construct all infrastructure improvements, including
but not limited to: water lines, sewer lines, fire hydrants, reservoirs,
pump stations, lift stations, culverts, drainage systems, roadways,
sidewalks, street lighting, traffic control devices, street name
signs, and such other improvements as may be required by the City,
at the developer’s or property owner’s expense. The
infrastructure improvements will be constructed in accordance with
the City of Belgrade Subdivision Regulations, City of Belgrade Specifications,
and the most recent edition of the Montana Public Works Standard
Specifications. The infrastructure improvements shall be in compliance
with applicable codes and standards and be of adequate size and
design to accommodate the needs of the proposed development. All
proposed infrastructure shall be reviewed and approved by the City
Engineer, and as-built drawings as required by the City Engineer
shall be submitted to the City prior to final acceptance of the
infrastructure.
- The developer(s) or property owner(s) shall be responsible for
providing fire protection appurtenances and required water flow
pressures and volume, at the developer’s or property owner’s
expense, as required by the applicable Fire Code enforced by the
City and reviewed and approved by the City Fire Chief, based on
the use of land and the type of construction employed.
- Sewer systems shall be designed in such a manner as to avoid
the requirement for lift stations if feasible.
- Properties proposed for development in areas which do not have
immediate access to City water and/or sewer, but where services
are in close proximity may be required to install dry sewer lines
in anticipation of the extension of City water and sewer into the
area within a reasonable time, generally not to exceed five years.
Once adequate water and sewer facilities are within 200 feet of
the site, or if a new subdivision lot is within 500 feet of City
water and sewer, connection may be required at the property owner’s
or developer’s expense.
- As new City streets are constructed, and as existing streets
are improved, storm drainage infrastructure shall be installed or
improved to City, State Department of Environmental Quality (DEQ),
and Environmental Protection Agency (EPA) standards. It is the responsibility
of the developer(s) or property owner(s) to convey storm water from
their property to an appropriate point of disposal as approved by
the City Engineer. If there is no storm sewer conveyance system
available to the site, storm water generated as a result of the
development shall be retained on site in accordance with applicable
DEQ and EPA regulations. Generally, the quantity and rate of runoff
from a developed parcel cannot exceed that which would occur had
the property remained undeveloped.
- The developer(s) or property owner(s) shall provide all necessary
right-of-way and/or easements, or additional right-of-way or easements
if less than adequate right-of-way or easements exist in property
proposed for annexation.
- In areas served by the City water system, the City may require
the developer(s) or property owner(s) to properly abandon existing
wells in accordance with DEQ regulations by qualified personnel.
Furthermore, the City may require existing water rights to be transferred
to the City.
- Policies for Providing Services in Existing Developed Areas
- As a general policy, property that is proposed for annexation
that has existing infrastructure shall be required to upgrade the
infrastructure to City standards as a condition of annexation.
- Prior to annexation, the City may require the developer(s) or
property owner(s) to provide the City with a report describing the
following:
- The approximate year or period in which the existing area
was developed.
- The location, size and condition of the existing infrastructure,
including but not limited to, water and sewer lines, fire hydrants,
streets, and storm drainage.
- The size and location and legal purpose of all existing rights-of-way
and easements.
The report shall also include the estimated costs associated
with correcting the deficiencies and bringing the utility or
improvement to City standards. The City may require such a report
to be prepared by a professional engineer at the cost of the
developer(s) or property owner(s).
- In certain instances it may be appropriate to require areas within
the City limits, including recently annexed areas, to connect to
City services which are available over a stated period of time generally
not to exceed five years. This would provide the opportunity to
phase out individual and private systems utilizing on-site facilities
or other antiquated systems, which operate at a marginal level and
which may not be compatible with City Standards.
- Off-Site Infrastructure Requirements
- In the event that annexation creates impacts requiring off-site
infrastructure improvements, the developer(s) or property owner(s)
of the property proposed for annexation will be responsible for
bearing the costs of such improvements, unless otherwise determined
by the City Council.
- The City may require reimbursement from a developer(s) or property
owner(s) for City financed infrastructure that was installed in
anticipation of future development on property that is proposed
for annexation.
- It shall be the responsibility of the developer(s) or property
owner(s) to extend all roadways and utilities from the existing
City facilities to the site of development in accordance with all
City standards and specifications, including the provision for appropriate
easements. It shall further be the responsibility of the developer(s)
or property owner(s) to construct all streets and utilities to the
furthest boundary of the property to be developed or annexed when
it is deemed appropriate by the City Council or City Engineer in
order to facilitate future development.
- Annexation of property south of the current City limits, south
of Yellowstone Avenue and south of I-90 will be required to construct
a new sewer outfall line connecting the property to the sewer treatment
facility. The specifications and location of the outfall line will
be subject to review and approval by the City Engineer. Annexation
may occur before the construction of the outfall line, if completion
of the outfall line is a specific condition of preliminary plat
approval of a subdivision, or completion within a reasonable time
is otherwise guarantied by the property owner(s) or developer(s).
- Annexation of property north and west of the City limits that
would require sewage to go through a sewage lift station will generally
not be allowed to utilize the sewer force main under Al Drive due
to capacity limitations of that force main. Annexation will be dependent
upon the completion of a new sewer force main/outfall line from
Cruiser Lane to the sewage treatment facility. Specifications and
location of the force main/outfall line will be subject to review
and approval by the City Engineer. Annexation may occur before the
construction of the sewer force main/outfall line, if completion
of the sewer line is a specific condition of preliminary plat approval
of a subdivision, or completion within a reasonable time is otherwise
guarantied by the property owner(s) or developer(s).
- Special Improvement Districts
- The City Council, in its discretion, may approve the formation
of a Special Improvement District to pay for the installation, construction
and upgrading of infrastructure improvements. The boundaries of
the Special Improvement District shall by the area benefiting from
the improvements in accordance with the laws of the State of Montana.
- Payback Agreements
- If a developer(s) or property owner(s) of property annexed pays
the entire cost of infrastructure improvements, including the construction
of the sewer outfall lines noted in Section H, and such improvements
will benefit other property that may be developed or annexed in
the future, the City Council may, in its discretion, authorize a
Payback Agreement. The Payback Agreement may provide that developer(s)
or property owner(s) that connect to the infrastructure improvements
in the future shall reimburse the developer(s) or property owner(s)
that initially paid for the improvement a portion of the cost of
the improvement. The Payback Agreement shall include a method of
calculating the amount of reimbursement. The method of reimbursement
may be based upon lot size, front footage, or other means that the
City Council deems reasonable. The payback period shall not exceed
10 years from the date of completion of construction or installation
of the improvement. The Payback Agreement shall set forth the specific
area that may benefit from the improvement and that will be subject
to the Payback Agreement. The costs that may be reimbursed under
a Payback Agreement may include engineering, design and inspection
fees. Any and all terms and conditions of a Payback Agreement are
subject to approval by the City Council.
BE IT RESOLVED, the City of Belgrade hereby establishes the above service
plan for future annexations as required by Montana Codes Annotated Title
7, Chapter 2, Part 46 “Annexation by Petition” and Part 47
“Annexation with Provision of Services” on March 15, 2004
at a regular scheduled meeting of the Belgrade City Council in its Chambers
at 91 East Central Ave., Belgrade, Montana;
PASSED by the City Council of Belgrade, Montana on the 15th day of March,
2004.
___-s-________________________
Russell Nelson, Mayor
ATTEST:
___-s-________________________
Marilyn Foltz,
Director of Finance and Records
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