HomeMy WebLinkAbout10-03-16 CC Mtg - A3. Resolution 4726
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Laurae Clark, Treasurer
Carol Neibauer, Assistant Treasurer
Anna Rosenberry, Administrative Services Director
SUBJECT: Resolution #4726 / Delinquent Sidewalk Install or Repair
MEETING DATE: October 3, 2016
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4726.
BACKGROUND: The City Engineering Department sent letters to property owners in early
FY 15 notifying them of the need to repair, maintain or install the sidewalk on their property per
(Section 34.04.020 of the BMC). They were given until June 1, 2015 to complete the repairs or
replace their sidewalk. They were notified that sidewalks in need of repair after that date would
be repaired by the City of Bozeman, with the cost of the repairs to be assessed against the property.
Customers were billed in late fall of 2015. We are working with many customers, allowing them
to make monthly payments against their balance due. The accounts listed in Schedule A have
not made monthly payments or any payments in over 8 months.
FISCAL EFFECTS: Recover the charges the have been accrued due to sidewalk install/repair
totaling $47,318.32.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution No. 4726
Schedule A
Report compiled on: September 21, 2016
133
Page 1 of 4
COMMISSION RESOLUTION NO. 4726
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 DEFRAY THE COST AND
EXPENSE FOR REPAIR, MAINTENANCE AND INSTALLATION OF SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 34.04 OF THE CITY OF BOZEMAN MUNICIPAL CODE.
WHEREAS, Chapter 34.04 of the Bozeman Municipal Code provides that every person with
property abutting and fronting upon any street or alley within the corporate limits of the City are required
to keep the public sidewalks immediately abutting their property in good order and repair; and
WHEREAS, Chapter 34.04 of the Bozeman Municipal Code provides that the City may, at its
discretion, through the director of public works, notify such owner that repairs are necessary to put such
sidewalk in good order and such owner shall, within 30 days after such notification, under the supervision
of the director of public works, complete such repairs, as specified in such notice. If the person fails to
make the required repairs, the City may repair same and pay for such repairs. The amount so paid by the
City shall be a lien upon the lot; and
WHEREAS, Chapter 7-14-4122 of the Montana Code Annotated provides that if the owner of
any lot fails to comply with the provisions of the ordinance within such time as may be prescribed thereby,
the council may contract for the construction and repair of such sidewalks, pavements, curbs, gutters, or
any combination thereof and the city or town may pay for the same. The amount so paid is a lien upon the
lot and may be enforced or the amount may be recovered against the owner by a suit before any court of
competent jurisdiction.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1. That to recover the costs of repairing sidewalks which were not completed by June 1,
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Resolution 4726, Levying and Assessing Delinquent Sidewalk Repair Charges
Page 2 of 4
2015 an assessment is hereby levied against the 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
of, a particular description of each lot and parcel of land with the name of the owner and/or owners and
the sum assessed against the same is set forth in the assessment list 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 Chapter 34.04 of the Bozeman Municipal Code, and 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. That the fee for repair of sidewalks in the City of Bozeman shall be the cost of such
work, including administrative and enforcement costs if accrued.
Section 3. That this assessment be levied and be 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 it paid.
Section 5. That the regular session of the Commission of the City of Bozeman, Montana, to be
held in the Commission Room in the City Hall of said City on the 3rd day of October 2016, at 6:00 p.m.,
be 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 Clerk of the Commission of the City of Bozeman, be, and she is hereby
ordered and directed to publish in the Bozeman Daily Chronicle, a daily newspaper printed and published
in said City of Bozeman a Notice signed by the Clerk of the Commission, stating that a Resolution levying
and assessing a special assessment to recover the costs for repair or replacement of sidewalks in the City
of Bozeman in Fiscal Year 2016, against the property of which such service was rendered, is on file in the
office of the Clerk of the Commission subject to inspection for a period of five (5) days; that said Notice
shall state the time and place at which objections will be heard by the Commission to the final adoption
of this Resolution, and, that said Notice shall be published at least five (5) days before the date set by the
Commission for hearing of objections and the final adoption of this Resolution.
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Resolution 4726, Levying and Assessing Delinquent Sidewalk Repair Charges
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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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Resolution 4726, Levying and Assessing Delinquent Sidewalk Repair Charges
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N O T I C E
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 4726 LEVYING A SPECIAL ASSESSMENT TO RECOVER THE COSTS FOR REPAIR AND INSTALLATION OF SIDEWALKS IN THE CITY OF BOZEMAN IN FISCAL
YEAR 2017 AGAINST PROPERTY IN THE CITY OF BOZEMAN TO WHICH SUCH
SERVICE WAS RENDERED. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman
to be held on the 3rd day of October 2016, Commission Resolution No. 4726 will be considered; that said
Resolution levies and assesses a special assessment to recover the costs for repair and installation of
sidewalks in the City of Bozeman in Fiscal Year 2016, upon all property to which such service was
rendered.
That said Commission Resolution No. 4726 is now on file in the office of the City Clerk of the
Commission of the City of Bozeman, subject to inspection of all persons interested, for a period of five
(5) days; that Monday, the 3rd of October 2016, at 6:00 p.m. of said day at a regular session of the
Commission of the City of Bozeman, in the Commission Room, at City Hall, 121 N Rouse Ave, has been
designated as the time and place when and where said Commission will hear and pass upon any and all
objections that may be made to the final passage and adoption of said Commission Resolution No. 4726
and the levying of said assessment; and that said Resolution will be finally passed and adopted at said
regular session of said Commission, subject to such corrections and amendments that may be made upon
objections.
DATED this 22nd day of September, 2016.
__________________________________________
ROBIN CROUGH City Clerk, City of Bozeman
Publish: Sunday, September 25, 2016 Sunday, October 2, 2016
137
Acct #Owner Service Address Address City,State,Zip MR Acct #Total Due
129720 Theah LLC 450 S Cottonwood Rd 260 Cirque Dr Bozeman, MT 59718 9140 6,500.00$
28100 William H Hunter 510 N Black Ave 510 N Black Ave Bozeman, MT 59715 9154 3,818.75$
30510 Phillip Sgamma 122 N Bozeman Ave PO Box 7236 Bozeman, MT 59771 9156 1,480.50$
30060 Rochelle Gibson 105 E Peach St 8472 Wagon Boss Rd Bozeman, MT 59715 9172 405.37$
28870 Andrew Wells & Kathleen Malone 601 N Tracy Ave 601 N Tracy Ave Bozeman, MT 59715 9176 587.50$
32600 Wackamoley LLC 624 N Wallace Ave 3919 Rain Roper Dr Bozeman, MT 59715 9183 593.75$
28590 Richard T Sommer 425 N Montana Ave 1840 N Prospect Ave #922 Milwaukee, WI 53202 9187 1,246.63$
27730 Paul S Groueff 520 N Montana Ave 615 N Black Ave Bozeman, MT 59715 9201 1,386.19$
6370 Joe & Rebecca Mahurin 5 W Cleveland St 5 W Cleveland St Bozeman, MT 59715 9231 3,436.87$
3070 Matthew Brailsford 302 Lindley Pl 302 Lindley Pl Bozeman, MT 59715 9234 925.90$
48970 Nigel & Lauren Waterton 1304 S Montana Ave 1304 S Montana Ave Bozeman, MT 59715 9236 605.12$
3950 S Tracy Limited Liability 304 S Tracy Ave 304 S Tracy Ave Bozeman, MT 59715 9244 3,495.62$
1710 Richard & Eileen Tenney 308 S Bozeman Ave 308 S Bozeman Ave Bozeman, MT 59715 9222 631.25$
4260 Necla Sarikaya 404 S Willson Ave 404 S Willson Ave Bozeman, MT 59715 9255 2,000.00$
6880 Steven C Smith & Madeline V Kotowicz 902 S Willson Ave 902 S Willson Ave Bozeman, MT 59715 9257 7,057.62$
7160 Virginia R McIntosh 1124 S Willson Ave PO Box 6101 Bozeman, MT 59771 9608 11,147.25$
29070 Nicholas Woods 604 N Bozeman Ave PO Box 2038 Bozeman, MT 59771 9162 2,000.00$
Total Due 47,318.32$
Delinquent Sidewalk Repair
Schedule A
138