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1 RESOLUTION NO. 06 -18402 A RESOLUTION OF THE CITY OF BILLINGS, MONTANA PURSUANT TO ARTICLE II. CITY BOUNDARIES, MCA 7- 1-114(1)(a); ANNEXATION PROCEDURES, MCA 7-2-4201 ET SEQ. AND SETTING FORTH AN ANNEXATION POLICY; AND AMENDING RES. NO. 04-18225. WHEREAS, the City Council adopted the City of Billings Annexation Policy by Resolution No. 04-18225 on November 22, 2004; and WHEREAS, the Policy states that the Map shall be revised whenever the Capital Improvements Plan is revised; and WHEREAS, the City Council approved the FY 2007 Modifications to the Capital Improvements Plan on March 27, 2006. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BILLINGS, MONTANA: That the City Council now makes and adopts the following: ANNEXATION POLICY Revised, April 10, 2006 1. Statement of Intent The City of Billings intends to permit the annexation of land as to provide for orderly growth, adequate provision of municipal services, and equal benefits to both the annexed territory and existing City properties. 2. Policy Statement The City Council shall consider land annexations that adhere to the provisions specified in Montana Annexation Statutes (7-2-4201 through 7-2-4761, MCA) and the Billings Municipal City Code, Section 26-204 and Sections 20-301 through 305. The Council may approve, deny or conditionally approve petitions or initiatives for annexation based on the following criteria: - The area must be located within the Limits of Annexation as defined herein and within the Urban Planning Area; - The City must be able provide adequate city services within a time period mutually agreed to by the property owners requesting annexation and the City; - Existing or proposed public improvements within the area to be annexed must meet City standards; - All property owners within the area to be annexed must sign a Waiver of Right to Protest the creation of Special Improvement Districts; - All residential property owners within the area to be annexed must create or join an existing park maintenance district; ---PAGE BREAK--- 2 - Residential densities within the area to be annexed must equal or exceed four dwelling units per acre; and - The proposed land use within the area to be annexed must conform to the goals of the City of Billings and Yellowstone County Growth Policy. 3. Limits of Annexation Map (attached)- The City shall prepare a map showing limits of annexation for three time periods. The first time period shall cover five years and coincide with the time period of the existing Capital Improvements Plan. The second time period shall cover fifteen years beginning after the last year of the existing Capital Improvements Plan. The last period shall begin after the last year of the second time period and the ending year shall be considered long range and remain undefined. A map update shall be prepared for Council consideration whenever the Capital Improvements Plan is revised. Map updates will be recommended to City Council by a committee of representatives from City Administration, Collection and Distribution Division, Engineering Division, Fire Department, Parks Department, Planning Division, Police Department. Rationale In preparation of the map, the committee shall consider and document for Council: - distance from existing city services and response times; - capacity and location of existing facilities and future upgrades or construction of new facilities; - cost of city services; - effect on existing residents; and - conformance with all adopted plans including the Growth Policy, West Billings Plan, Heritage Trails Plan, and sewer, and water and storm sewer plans. The Council will then determine and approve appropriate Limits of Annexation consistent with the adopted Annexation Policy. 4. Obligation of City The City may choose to annex any property in accordance with the provisions of the following state statutes: - Annexations of Additions to Municipalities (7-2-4201 et. seq., MCA) - Annexations of Contiguous Land (7-2-4301 et. seq., MCA) - Annexations of Contiguous Government Land (7-2-4401 et. seq., MCA) - Annexations of Wholly Surrounded Land (7-2-4501 et. seq., MCA) - Annexation by Petition (7-2-4601 et. seq., MCA) - Annexation with the Provision of Services (7-2-4701 et. seq., MCA) The City may decide to condition the approval of the annexation in order to meet the criteria listed under the Policy Statement. The conditions of approval must be clearly stated in the resolution of annexation. In the case where the property to be annexed is not developed, the conditions of approval shall include a requirement for; a) a development agreement prior to the issuance of a building permit, or b) a subdivision improvements agreement at the time of final subdivision plat approval. In the event ---PAGE BREAK--- 3 the property is developed and contains public improvements that are not constructed to city standards, the City shall require an annexation agreement. The agreement shall specify which public improvements are to be upgraded and/or installed to city standards, and a time period and mechanism to finance the construction and installation of those improvements. In any case, all public improvements, whether existing or proposed, shall meet city standards. 5. Obligation of Petitioner Petitions for annexation must comply with the provisions of Annexation by Petition (7-2-4601 et. seq., MCA) and Section 26-204 and Sections 20-301 through 305, BMCC. A fee, to be established by the City Administrator, must be paid at the time the petition is submitted. If the area to be annexed is not developed, petitioners are required to comply with the conditions of approval prior to the issuance of a building permit or at the time of final subdivision plat approval. If the area to be annexed is developed and requires the construction or installation of public improvements, the petitioner must enter into an annexation agreement prior to the City Council acting on the resolution of annexation. APPROVED AND ADOPTED by the City Council of the City of Billings, this 10th day of April, 2006. THE CITY OF BILLINGS: Ron Tussing MAYOR ATTEST: Marita Herold, CMC/AAE City Clerk ---PAGE BREAK---