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Home My WebLink About10-02-17 City Commission Packet Materials - A6. Resolution 4827, Delinquent Sidewalks for FY18 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Laurae Clark, Treasurer Zoe A Maliske, Assistant Treasurer Kristin Donald, Finance Director SUBJECT: Resolution #4827 / Delinquent Sidewalk Installation or Repair MEETING DATE: October 2, 2017 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No. 4827. BACKGROUND: The City Engineering Department sent letters to property owners in early FY15 and FY16 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, and June 1, 2016 respectively 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 and 2016. We are working with many customers, allowing them to make monthly payments against their balance due. The accounts listed in Schedule A have either not made consistent monthly payments, or have made no payment to date. FISCAL EFFECTS: Recover the charges that have been incurred due to sidewalk installation and/or repair totaling $84,775.75. ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution No. 4827 Report compiled on: September 19, 2017 319 Page 1 of 6 COMMISSION RESOLUTION NO. 4827 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 320 Resolution 4827, Levying and Assessing Delinquent Sidewalk Install or Repair Charges Page 2 of 6 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, 2017 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 2017 as are all other special assessments. 321 Resolution 4827, Levying and Assessing Delinquent Sidewalk Install or Repair Charges Page 3 of 6 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 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 2nd day of October 2017, 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 City Clerk 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 2018, 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. 322 Resolution 4827, Levying and Assessing Delinquent Sidewalk Install or Repair Charges Page 4 of 6 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 323 Resolution 4827, Levying and Assessing Delinquent Sidewalk Install or Repair Charges Page 5 of 6 NOTICE HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 4827 LEVYING A SPECIAL ASSESSMENT TO RECOVER THE COSTS FOR REPAIR AND INSTALLATION OF SIDEWALKS IN THE CITY OF BOZEMAN IN FISCAL YEAR 2018 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 2nd day of October 2017, Commission Resolution No. 4827 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 2018, upon all property to which such service was rendered. That said Commission Resolution No. 4827 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 2nd of October 2017, 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. 4827 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 2nd day of October, 2017. ____________________________________ ROBIN CROUGH CITY CLERK 324 Resolution 4827, Levying and Assessing Delinquent Sidewalk Install or Repair Charges Page 6 of 6 Publish: Sunday, September 24, 2017 Sunday, October 1, 2017 325 Acct #Owner Service Address Address City,State,Zip MR Acct #Total Due 6530 Jalal Neishabouri 628 W Main St PO Box 186 Bozeman, MT 59771 3618 4,273.38$ 154360 Aaron & Sunny Odegard 3103 Summerset Dr PO Box 1633 Bozeman, MT 59771 9048 6,863.88$ 30720 Brock & Mary Cloud Anderson 503 N Bozeman Ave 503 N Bozeman Ave Bozeman, MT 59715 9159 1,000.00$ 6620 Afkham LLC 619 W Babcock St PO Box 186 Bozeman, MT 59771 9337 1,894.85$ 38200 John D Weidenaar 2413 Westridge Dr 2413 Westridge Dr Bozeman, MT 59715 9745 1,873.75$ 38110 Cameron & Jennifer Smith 2705 Westridge Dr 2705 Westridge Dr Bozeman, MT 59715 9746 262.00$ 8190 Gregory S Davel 1007 S Grand Ave PO Box 20242 Cheyenne, WY 82003 9772 994.24$ 10150 Claire & Benjamin Sands 807 S 6th Ave 807 S 6th Ave Bozeman, MT 59715 9778 585.65$ 182410 Highfive Bozeman IV 580 Enterprise Blvd 8401 Wagon Boss Rd Bozeman , MT 59715 9800 6,913.00$ 182420 Highfive Bozeman IV 630 Enterprise Blvd 8401 Wagon Boss Rd Bozeman, MT 59715 9801 14,430.00$ 182400 Highfive Bozeman IV 540 Enterprise Blvd 8401 Wagon Boss Rd Bozeman, MT 59715 9799 33,499.00$ 182950 Embry Enterprises Kevin Wysocki 3530 S 27th Ave 2621 W College St Bozeman, MT 59715 9807 7,356.00$ 183890 Embry Enterprises 3354 S 30th Ave 2621 W College St Bozeman, MT 59715 9809 4,830.00$ Total Due 84,775.75$ Delinquent Sidewalk Repair Schedule A 326