HomeMy WebLinkAboutOrdinance No. O26-01 - Fail - 5-3 ORDINANCE NO. 026-01
AN EMERGENCY ORDINANCE OF THE CITY OF LAUREL TEMPORARILY
IMPOSING A MORATORIUM ON ANNEXATION APPLICATIONS IN ORDER TO
EVALUATE MUNICIPAL INFRASTRUCTURE CAPACITY,WATER SYSTEM
DEMANDS, THE IMPACTS OF RECENT CHANGES IN STATE LAW, AND THE
PROPER FUTURE GROWTH PLANS FOR THE CITY OF LAUREL.
WHEREAS,the purpose of this Emergency Ordinance is to preserve the status quo and
temporarily suspend annexation proceedings while the City puts a plan in place to evaluate the
capacity of its infrastructure, including potable water supply, water storage, and municipal
service capabilities,to assess the impacts of recent changes to Montana law affecting municipal
land-use regulation, and to ensure proper future growth plans for the City of Laurel;
WHEREAS, this Emergency Ordinance is adopted pursuant to Mont. Code Ann. §7-5-
104, as follows:
7-5-104. Emergency ordinance. In the event of an emergency, the governing
body may waive the second reading. An ordinance passed in response to an
emergency shall recite the facts giving rise to the emergency and requires a two-
thirds vote of the whole governing body for passage. An emergency ordinance
shall be effective on passage and approval and shall remain effective for no more
than 90 days.
WHEREAS, the City makes the following legislative findings, related to this
Emergency Ordinance:
1. The City of Laurel is responsible for providing safe potable water and municipal
services to residents within the city limits.
2. The City currently has known infrastructure constraints within its water system,
including limited water storage capacity and areas dependent upon temporary
booster infrastructure.
3. Engineering analysis and planning documents have identified the need for
additional infrastructure improvements.
4. The City is presently evaluating long-term water demand associated with
significant industrial and municipal users within the City.
5. Recent amendments to Montana law, including §76-2-345 MCA, have altered
municipal land-use authority and may increase development pressure.
6. The City believes that the following planning, in part, is necessary, in order to
ensure proper annexation and services to City of Laurel residents: (a)
Ordinance No.026-01 Emergency Ordinance Re Annexation Moratorium
engineering staff certify water capacity; (b) storage impact is analyzed; (c) fire-
flow requirements are confirmed; (d) service extension costs are identified; (e)
emergency response service demands are evaluated; (f) infrastructure demand
related to commercial and residential properties is evaluated; and (g) all other
City service demands are evaluated and assessed, prior to any other approved
growth within the City.
7. Properties contiguous to the City that may be eligible for annexation include
substantial tracts of undeveloped land.
8. Preliminary estimates indicate potential annexation requests could involve
approximately 50 to 60 blocks of developable land, if not more.
9. Municipalities that annex property must provide municipal services to annexed
areas.
10. The City must ensure infrastructure can safely serve both existing residents and
future development.
11. Immediate annexation consideration could jeopardize safe and reliable
infrastructure.
12. The City has not completed current engineering confirmation of available
potable water reserve for additional annexed territory.
13. The City is presently evaluating contractual water obligations involving major
industrial consumption, including anticipated long-term municipal demand
impacts.
14. Emergency services delivery capacity for certain contiguous growth areas has
not been fully verified.
15. Annexation without immediate engineering verification may impair service
reliability to existing residents.
16. Municipal emergency medical, police, and fire response impacts for newly
annexed territory require updated review.
17. Temporary delay is necessary to prevent commitment of municipal services
before capacity is known.
18. The City requires time to arrange to conduct engineering review, infrastructure
review, and policy evaluation.
Ordinance No.026-01 Emergency Ordinance Re Annexation Moratorium
19. This Emergency Ordinance is not directed at any particular development
proposal, and it applies citywide to all annexation requests equally without
regard to applicant identity, land use type, or pending proposal.
WHEREAS, effective immediately upon passage, the City shall not accept, process,
review, or approve any annexation petition, application, or request;
WHEREAS, this Emergency Ordinance is effective immediately upon passage and
approval and shall remain in effect for ninety (90) days unless earlier repealed by the City
Council;
WHEREAS, this Emergency Ordinance requires a two-thirds vote of the whole
governing body;
WHEREAS, the City Council finds that this Ordinance is necessary for the immediate
preservation of public health, safety, and welfare and shall take effect immediately upon
passage, and the City Council waives a second reading of this Emergency Ordinance.
PASSED and ADOPTED on first reading (second reading waived) at a meeting of the
City Council on the 19th day of March 2026, upon Motion by Council Member
APPROVED BY THE MAYOR on the 191h day of March 2026.
CITY OF LAUREL
Dave Waggoner, Mayor
ATTEST:
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
Michele L. Braukmann, Civil City Attorney
Ordinance No.026-01 Emergency Ordinance Re Annexation Moratorium