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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Plat, Annexation and Zoning Committee Item: Petition #7653 to Annex the Portion of Montana Rail Link Right-of- Way Generally Located from the Van Buren Street and I-90 Interchange to the East Missoula and I-90 Interchange, Including the portions of East Broadway and I-90 Rights-of-way Adjacent. Date: June 3, 2010 Prepared by: Carla Krause, Special Services Administrator Initiated by: Carla Krause Action Required: Consider a petition method annexation that includes portions of the East Broadway, Montana Rail Link and I-90 rights-of-way. Recommended Motion: Recommend Council “adopt a resolution extending the corporate limits of the city of Missoula, Montana, to annex within the boundaries of the City portions of railroad, East Broadway and Interstate-90 rights-of-way generally located between the Van Buren and Interstate 90 interchange and the East Missoula and Interstate 90 interchange (Sections 23, 24, 25 and 26, Township 13 North, Range 19 West, P.M.M.) Timeline: Referral to committee: June 7, 2010 Committee discussion: June 9, 2010 Council action: June 14, 2010 Background and Alternatives Explored: The proposed annexation boundary is made entirely of railroad, East Broadway and I-90 rights-of-way. A variety of reasons led to the defined boundary: 1. Resurrection of Petition No. 7653 that was executed by Montana Rail Link in 1997 to obtain sewer service for a portion of railroad property in this location. 2. Montana Code Annotated Section 7-2-4211 enacted in 2003 requires that any municipal annexation shall include the full width of any public streets or roads, including rights-of-way that are adjacent to property being annexed. 3. Recent events on and adjacent to East Broadway made it apparent that the City’s legal jurisdiction might be of benefit there. 4. The City desires to complete the bicycle/pedestrian corridor on East Broadway out to Easy street. 5. The rights-of-way are enclosed by city limits on three sides. ---PAGE BREAK--- 6. The City currently has a municipal sanitary sewer interceptor installed in the East Broadway right-of-way. 7. Annexation will not change street maintenance as the Montana Department of Transportation (MDT) contracts with the City to maintain East Broadway and the MDT will continue to maintain the Interstate. 8. No change of ownership occurs as deeded parcels of right-of-way remain in the deeded ownership. 9. No affect on the delayed annexation agreement with the East Missoula County Sewer District (EMCSD) as this area is outside the boundary of the EMCSD. The petition method of annexation was selected because of the involvement of a petition to annex. No comparable zoning is required as the property is right-of-way so no public hearing is required. The petition method of annexation without zoning requires only that Council adopt a resolution of annexation or deny the request. Staff supports the annexation and has drafted a resolution for consideration. Attachment: Petition #7653 Boundary Map Draft Resolution of Annexation ---PAGE BREAK---