HomeMy WebLinkAbout10-02-17 City Commission Packet Materials - A5. Resolution 4826, Delinquent Utilities for FY18
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Zoe A Maliske, Assistant Treasurer Laurae Clark, City Treasurer
Kristin Donald, Finance Director SUBJECT: Resolution 4826 / Delinquent Water, Sewer, Stormwater, Garbage and Recycling Charges MEETING DATE: October 2, 2017 AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4826 BACKGROUND: Letters were sent out prior to July 7, 2017 on all delinquent accounts notifying the previous and new owners of the delinquent charges outstanding on final bills, as well as current owners that are not paying their monthly charges, 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 clerk to 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 revenue a list of
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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, stormwater, garbage and recycling services totaling $5,570.94 which have not been paid. ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution 4826 Memo compiled on: September 20, 2017
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Page 1 of 4
COMMISSION RESOLUTION NO. 4826
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
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Resolution 4826, Levying and Assessing Delinquent Water, Sewer, Stormwater, Garbage, and Recycling Charges
Page 2 of 4
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
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 2017 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, 2017) to
the date the assessment is paid.
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Resolution 4826, Levying and Assessing Delinquent Water, Sewer, Stormwater, Garbage, and Recycling Charges
Page 3 of 4
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 2nd day of October,
2017 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 2017, against the property of which
such service was rendered.
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Resolution 4826, Levying and Assessing Delinquent Water, Sewer, Stormwater, Garbage, and Recycling Charges
Page 4 of 4
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 2nd day of October 2017.
___________________________________
CARSON TAYLOR
Mayor
ATTEST:
____________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Delinquent Prior Owner or Delinuent Current Owner Service Address Mailing Address City, State, Zip LID Amount Due
The Rialto Theatre 10 W Main St 1346 The Alameda # 2-261 San Jose, CA 95126 4980 115.08$
Clear Slate Tile 1419 S Grand Ave 1222 N 8th Ave Bozeman, MT 59715 8050 289.28$
Roy S Lee 1548 S Grand Ave PO Box 706 Patagona, AZ 85624 9980 176.56$
Simon & Macgregor Hunter 816 N Rouse Ave PO Box 3767 Bozeman, MT 59771 29580 140.34$
Lyman Bennett 1659 S Black Ave PO Box 337 Virginia City, MT 59755 39940 134.90$
Adrienne Webster 1146 S Cedarview Dr 226 S Bozeman Ave Bozeman, MT 59715 49610 91.35$
Eun SilKim 716 E Main St 2302 Spring Creek Dr Bozeman, MT 59715 66300 70.92$
Caspian 34 N Bozeman Ave 34 N Bozeman Ave Bozeman, MT 59718 66500 50.20$
James Ridgway 2020 S Rouse Ave Unit 10 2020 S Rouse Ave Unit 10 Bozeman, MT 59715 73120 123.90$
Robert Banis 1602 N Rouse Ave 1602 N Rouse Ave Bozeman, MT 59715 77510 401.42$
Mountain Lodge 20 W Main St 14 W Main St Bozeman, MT 59715 93680 70.08$
John P Newton & Katherine M Zuercher 304 N Rouse Ave 1421 28th Ave S Great Falls, MT 59405 93960 82.74$
Theodore & Amanda Koenig 10 S Yellowtone Ave Unit 10 10 S Yellowtone Ave Unit 10 Bozeman, MT 59718 102820 235.52$
Paul & Pam Landsgaard 1411 Bohart Ln 1627 W Main St #260 Bozeman, MT 59715 114190 147.24$
Salvetch 3043 Foxtail St PO Box 11442 Bozeman, MT 59719 120020 199.21$
Vickie Juhl 208 S Yellowstone #3 419 Kimball Ave Bozeman, MT 59718 127100 38.48$
Wayne Smith 288 Mathew Bird Cir 291 Kimball Ave Unit B Bozeman, MT 59718 155000 268.54$
Carla Burns 2905 N 27th Ave Unit 1 2905 N 27th Ave Unit 1 Bozeman, MT 59718 157580 259.65$
Pard Cummings 288 Kimball Ave PO Box 7107 Bozeman, MT 59771 159410 235.52$
Montana Opticom Llc 3810 Baxter Ln 144 Quail Run Rd Bozeman, MT 59718 168460 70.92$
Melissa Zemlicka 314 Kimball Ave 314 Kimball Ave Bozeman, MT 59718 168810 61.77$
Janet Cooper 77 Kimball Ave Unit B 77 Kimball Ave Unit B Bozeman, MT 59718 169730 180.10$
Ryszard Antonczyk 740 Flanders Creek Ave 181 New Castle Dr Aurora, OH 44202 177380 110.75$
Chelsey Kelley 3883 Potosi St 3883 Potosi St Bozeman, MT 59718 182230 250.52$
Lindell Johnson 3341 N 27th Ave Unit 27 3341 N 27th Ave Unit 27 Bozeman, MT 59718 195470 840.88$
Roger Hoff Smith 2305 Durston Rd 2305 Durston Rd Bozeman, MT 59718 199840 121.70$
Dallas J Peuse 1013 Thomas Dr 1013 Thomas Dr Bozeman, MT 59718 210710 70.92$
Kresge Construction 2476 Thoroughbred Ln PO Box 1147 Bozeman, MT 59719 222760 21.42$
Kodiak Development LLC 1713 Midfield St 518 E Cottonwood St Bozeman, MT 59715 225650 491.18$
J & B Custom Homes 1118 S Tracy Ave 1111 S Tracy Ave Bozeman, MT 59715 226010 53.84$
K & E Enterprises INC 719 Sheridan Ave 8475 Lazy Elk Rd Bozeman, MT 59718 233900 19.06$
Mark Haare 5392 Delft Way 5392 Delft Way Bozeman, MT 59718 236520 146.95$
TOTAL DUE 5,570.94$
Delinquent Utility Accounts
Schedule A
Water, Sewer, Stormwater, Garbage, and Recycling
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