Meetings
 


City of Helena, Montana
 
October 20, 2015
To: Ron Alles, City Manager
From: Thomas J. Jodoin, City Attorney
Subject: Consider final passage of Ordinance 3213 to provide and pay for street improvements within the existing Street Maintenance District No. 1 by amending Chapter 7 of Title 8 of the Helena City Code.
Present Situation: Section 7-1-8 of the Helena City Code established the existing Street Maintenance District No. 1 that encompasses the entire city. That ordinance was adopted in 2004 pursuant to the authority granted in §7-12-4401, MCA. Because the provisions of city code only include street maintenance, state law does not allow street maintenance district funds to be used on street improvements within the street maintenance district. However §§7-12-4405 and 7-12-4428 MCA, specifically authorized the expenditure of street maintenance district funds on street improvements within the district if the city commission adopts an ordinance for that specific purpose.
Background Information:

Adopt an ordinance that specifically authorized street maintenance funds to be used to fund street improvements within Street Maintenance District No. 1. 

  

State law does allow protest by owners of property within the district before final passage of the ordinance. None of the three protest scenarios under section 7-12-4407 that would prevent the commission from acting on final passage of the proposed ordinance have been met.

 
Proposal/Objective:

Adopt an ordinance that specifically authorized street maintenance funds to be used to fund street improvements within Street Maintenance District No. 1. 

  

State law does allow protest by owners of property within the district before final passage of the ordinance. None of the three protest scenarios under section 7-12-4407 that would prevent the commission from acting on final passage of the proposed ordinance have been met.

 
Advantage: Provides the city with a reliable and independent source of revenue for improving failed streets and installing non-motorized facilities within public rights of way.  
Notable Energy Impact: None noted.
Disadvantage: Assessment increases may be necessary to fund improvements within Street Maintenance District No. 1.
Notice of Public Hearing: Attached
Staff Recommendation:
 
ATTACHMENTS:
Ordinance
Notice of Public Hearing