HomeMy WebLinkAbout10-03-16 CC Mtg - A1. Resolution 4723Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Carol Neibauer, Assistant Treasurer
Laurae Clark, City Treasurer
Anna Rosenberry, Administrative Services Director
SUBJECT:Resolution 4723 / Delinquent Water, Sewer, Stormwater, Garbage Charges
MEETING DATE: October 3, 2016
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4723
BACKGROUND: Letters were sent out prior to July 7, 2016 on all delinquent accounts
notifying the previous and new owners of the delinquent charges outstanding and the process of placing those charges as a lien on the real property should they not be paid. Only the few accounts listed on Schedule A of the attached resolution remain delinquent.
MCA 7-13-4309. Procedure to collect delinquent utility charges.
(1)Sewer or water charges must be collected by the treasurer.(2) On or before July 7 of each year, notice must be given by the city treasurer or town clerkto the owners of all lots or parcels of real estate to which sewer or water service has been
furnished prior to July 1 by the city or town. The notice must specify the assessment owing and
in arrears at the time of giving notice. The notice must be in writing and must state the amount of
arrearage, including any penalty and interest assessed pursuant to the provisions of the city or town ordinance, and that unless the amount is paid within 30 days of the notice, the amount will be levied as a tax against the lot or parcel of real estate to which sewer or water service was
furnished and for which payment is delinquent. The notice must also state that the city or town
may by suit collect past-due assessments, interest, and penalties, as a debt owing the city or
town, in any court of competent jurisdiction, including city court. The notice may be delivered to the owner personally or by letter addressed to the owner at the post-office address of the owner
as shown in property tax records maintained by the department of revenue.
(3) (a) Except as provided in subsection (3)(b), at the time that the annual tax levy is certified
to the county clerk, the city treasurer or town clerk shall certify and file with the department of
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revenue a list of all lots or parcels of real estate, giving the legal description of the lot or parcel,
to the owners of which notices of arrearage in payments were given and which arrearage remains
unpaid and stating the amount of the arrearage, including any penalty and interest. The
department of revenue shall insert the amount as a tax against the lot or parcel of real estate. (b) In cities where the council has provided by ordinance for the collection of taxes, the
city treasurer shall collect the delinquent amount, including penalty and interest, as a tax against
the lot or parcel of real estate to which sewer or water service was furnished and payment for
which is delinquent.
(4) A city or town may, in addition to pursuing the collection of assessments in the same manner as a tax, bring suit in any court of competent jurisdiction, including city court, to collect
the amount due and owing, including penalties and interest, as a debt owing the city or town.
BMC 32.02.060 Costs of Collection and Disposal – Collection and Payment – Solid Waste
Fund: The rates established by resolution shall be set as monthly fees and those fees shall be included on the monthly water and sewer statement and will become delinquent if not paid by the
15th of the month in which the bill is received. If the monthly fees are not paid within thirty days
after they have become delinquent the delinquent amount shall be a lien against the property
against which they are severally assessed and levied until paid and discharged and shall be
subject to the same penalties for delinquency in payment when due and payable as are other special assessments and levies made by the City and as authorized by the laws of the state.
BMC 40.04.1050. - Billing of charges; penalties for late payment and procedure to collect.
Stormwater service charges authorized by this section shall be included with the monthly water
and wastewater utility billing. Should any user fail to pay the stormwater service charge and
penalty within two months of the due date, the city may terminate water service to the property. The city may also follow the collection procedure outlined in MCA 7-13-4309.
FISCAL EFFECTS: Recover the charges that have accrued due to water, sewer, garbage and
stormwater totaling $6,468.07 which have not been paid.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution 4723 Schedule A – FY17
Memo compiled on: September 22, 2016
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COMMISSION RESOLUTION NO. 4723
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY
EXEMPTED, TO COLLECT DELINQUENT WATER, SEWER, STORMWATER, GARBAGE & RECYCLING CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION
7-13-4309, MONTANA CODE ANNOTATED.
WHEREAS, Section 7-13-4309, Montana Code Annotated, provides that special assessments shall be
made, levied and collected annually for delinquent water, sewer, stormwater, garbage & recycling charges in the
same manner as are other special assessments and levies of the City of Bozeman; and
WHEREAS, to enforce the collection of amounts owed the City for the cost of providing water and
sewer service in the City of Bozeman, the Commission hereby specifically levies the amounts due as set forth in
Schedule "A" as an assessment;
NOW, THEREFORE, BE IT RESOLVED by the Commission of the City of Bozeman, State of
Montana:
Section 1
That to collect delinquent water, sewer, stormwater, garbage & recycling charges in the City of
Bozeman, an assessment is hereby levied against the responsible property and the several lots, pieces and parcels
of land thereof within the City of Bozeman as set forth in Schedule "A", which is attached hereto and made a part
hereof, a particular description of each lot and parcel of land with the name of the owner and/or owners and the
delinquent sum assessed against the same is set forth in Schedule "A"; that the several sums set opposite the
names of said owners and the described lots and parcels of land are hereby levied and assessed upon and against
said lots and parcels of land for said purpose; that the several sums be collected from the respective owners of
said lots and parcels of land described in said assessment list and owned by them; that the said sums shall be paid
and the collection thereof be made in the manner and in accordance with the laws of the State of Montana
governing the collection of special assessments; that failure to pay such assessment when the same shall become
due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law
relative to delinquent taxes.
Section 2
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That the fee for providing water and sewer service in the City of Bozeman shall be the cost of such
work, including administrative and enforcement costs. Administrative and enforcement costs shall not exceed
$20.00 per delinquency.
Section 3
That this assessment be levied and billed in October 2016 as are all other special assessments.
Section 4
That upon all assessments levied and assessed, simple interest shall be charged at the rate of 10 percent
per year from the date this assessment becomes delinquent (December 1, 2016) to the date the assessment is paid.
Section 5
That the regular session of the Commission of the City of Bozeman, Montana, to be held in the
Commission Room at City Hall, 121 N Rouse Ave, in said City on the 3rd day of October, 2016 at 6:00 p.m., and
the same is hereby designated as the time and place at which objections to the final adoption of the Resolution
will be heard by said Commission.
Section 6
That the City Clerk of the City of Bozeman is hereby directed to publish in the Bozeman Daily
Chronicle, a daily newspaper printed and published in said City of Bozeman a Notice signed by the City Clerk,
stating that a Resolution levying and assessing a special assessment to collect delinquent water and sewer charges,
plus the costs and expenses incurred thereby, for providing water and sewer services in the City of Bozeman in
Fiscal Year 2016, against the property of which such service was rendered.
APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof
held on the 3rd day of October 2016.
__________________________________________
CARSON TAYLOR Mayor
ATTEST:
________________________________________
ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
_____________________________________________ GREG SULLIVAN City Attorney
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New Owner Service Address Mailing Address City, State Zip Customer ID Location ID Amt Due
Regan Langel 509 S Black Ave #1 509 S Black Ave #1 Bozeman, MT 59715 51957 3480 $91.72
Nancy Penney 919 W Lamme St 919 W Lamme St Bozeman, MT 59715 51447 18650 $9.85
Elizabeth Monnin 711 Blackmore Pl 711 Blackmore Pl Bozeman, MT 59715 51381 47230 $104.42
Charles Schlegel 2603 Rose St PO Box 13 Bozeman, MT 59771 51323 68530 $26.04
Adam Behrendt & Amanda Crawford 109 Mineral Ave 109 Mineral Ave Bozeman, MT 59718 51211 83570 $83.25
Nicole Wolf 414 N Cottonwood Rd 414 N Cottonwood Rd Bozeman, MT 59718 52943 230990 $34.14
Robert & Wanda Hargrove 4615 Shadowglen Dr 4615 Shadowglen Dr Bozeman, MT 59718 52717 121700 $223.93
Nick Harris 1936 Little Cottage Ln 1938 Little Cottage Ln Bozeman, Mt 59715 52117 202710 $13.46
Jacob Casey 711 S 15th Ave 711 S 15th Ave Bozeman, MT 59715 54621 71320 $31.35
Keith Flanigan c/o Aspen Prop 904 S Church Ave 720 W Babcock St Bozeman, MT 59715 41777 218710 $109.21
Robert Woodburn 1515 Gold Ave 1515 Gold Ave Bozeman, MT 59715 9329 51700 $276.15
Daniel & Kelly Reynolds 421 N Hunters Way 421 N Hunters Way Bozeman, MT 59718 54017 57040 $36.90
Robert R Kauzlaric 1045 Boylan Rd Unit 6 1045 Boylan Rd Unit 6 Bozeman, MT 59715 18933 101300 $18.35
Melanie Mangione & Christopher Berryhill 1213 Brentwood Ave PO Box 397 Bozeman, MT 59771 54103 54400 $92.95
Kevin & Sherri Pearson 4336 E Graf St 4335 E Graf St Bozeman, MT 59715 84595 79490 $242.18
Darcie Warden 450 Fowler Ave 450 Fowler Ave Bozeman, MT 59718 54585 181100 $115.91
Jimsand LLC 4582 Shadowglen Dr 509 Colorado Ave NW Great Falls, MT 59404 54721 121610 $134.56
Robert Banis 1602 N Rouse Ave 1602 N Rouse Ave Bozeman, MT 59715 14895 77510 $956.96
Theodore & Amanda Koenig 10 S Yellowstone Ave #10 10 S Yellowstone Ave #10 Bozeman, MT 59718 19049 102820 $690.22
Conor Bianchi 4288 Monroe St 4288 Monroe St Bozeman, MT 59718 36977 115860 $399.40
Linda J Adelmann 2966 Monroe St #B 2966 Warbler Way #B Bozeman, MT 59715 54233 148640 $176.45
Pard Cummings 288 Kimball Ave #B PO Box 7107 Bozeman, MT 59771 14593 159410 $712.33
Property Solutions LLC 205 W Lamme St 1184 N 15th Ave Ste 4 Bozeman, MT 59715 48415 25730 $146.20
Selah Barney 312 W Beall St 312 W Beall St Bozeman, MT 59715 55079 24930 $45.55
State of Montana/Real Estate 214 N Rouse Ave PO Box 201001 Helena, MT 59620 55629 30330 $137.13
Ladendorf Equities 1 LLC 1919 W Main St 4014 N Goldwater #204 Scottsdale, AZ 85251 52791 44050 $10.72
Joan Robbins 2233 Buckrake Ave 1560 Cherry Crest Dr Lake Oswego, OR 97034 56077 161240 $8.45
Lance Weppler 975 Golden Gate Ave 12844 Portnell Rd Bozeman, MT 59718 55469 187420 $23.10
Clinton Viers 1322 S Church Ave 65 Billman Ln Livingston, MT 59047 50511 186410 $40.34
Dallas J Peuse 1013 Thomas Dr 1013 Thomas Dr Bozeman, MT 59715 50529 210710 $47.37
Robert Edwards 1208 S Church Ave 1208 S Church Ave Bozeman, MT 59715 50089 71190 $51.06
Eun Sil Kim 716 E Main St 2302 Spring Creek Dr Bozeman, MT 59715 49905 66300 $60.75
Montana Opticom LLC 3810 Baxter Ln 144 Quil Run Rd Bozeman, MT 59718 50499 168460 $60.75
Wackamoley LLC 624 N Wallace Ave 3919 Rain Roper Dr Bozeman, MT 59718 48105 32600 $61.90
600 North Wallace Ave LLC 615 E Peach St 600 N Wallace Ave Bozeman, MT 59715 50387 139340 $63.98
Eun Sil Kim 712 E Main St 2302 Spring Creek Dr Bozeman, MT 59715 49905 770 $85.51
Tim Morrison 957 Forestgeln Dr #D 957 Forestglen Dr #D Bozeman, MT 59718 52097 163190 $95.75
Paul & Pam Landsgaard 1411 Bohart Ln 1624 W Main St #260 Bozeman, MT 59715 50231 114190 $107.50
KLJ Property Solutions LLC 205 W Lamme St 35 N Black Ave Bozeman, MT 59715 48415 25730 $146.20
The Rialto Theatre 10 W Main St 12 W Main St Bozeman, MT 59715 29787 4980 $372.18
Total Due $6,468.07
Delinquent Utility Accounts FY17
Water, Sewer, Stormwater, Garbage and Recycling
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