HomeMy WebLinkAbout10-01-18 City Commission Packet Materials - A2. Res. 4932, Delinquent Water, Sewer, Stormwater, Garbage Assessments For FY19
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer
Kristin Donald, Finance Director
SUBJECT: Resolution 4932 / Delinquent Water, Sewer, Stormwater, Garbage and Recycling
Charges MEETING DATE: October 1, 2018
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4932 BACKGROUND: Letters were sent out prior to July 7, 2018 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 $5,183.99 which have not been paid.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution 4932
Memo compiled on: September 19, 2018
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Page 1 of 3
RESOLUTION NO. 4932
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,
sewer, stormwater, garbage, and recycling 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
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Resolution 4932, Levying and Assessing Delinquent Utility Accounts for FY19
Page 2 of 3
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, sewer, stormwater, garbage, and recycling 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 2018 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, 2018) 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 1st day of October, 2018 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 has published in the Bozeman Daily Chronicle, a
daily newspaper printed and published in said City of Bozeman a Notice signed by the City Clerk, stating
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Resolution 4932, Levying and Assessing Delinquent Utility Accounts for FY19
Page 3 of 3
that a Resolution levying and assessing a special assessment to collect delinquent water, sewer, stormwater,
garbage, and recycling charges, plus the costs and expenses incurred thereby, for providing water, sewer,
stormwater, garbage, and recycling services in the City of Bozeman, against the property of which such
service was rendered.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 1st day of October 2018.
______________________________________ CYNTHIA L. ANDRUS Mayor
ATTEST:
________________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
______________________________________
GREG SULLIVAN City Attorney
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FY19
Delinquent Prior Owner or Current Owner Service Address Mailing Address City, State, Zip LID Amount Due
206EG LLC 206 E GRIFFIN DR PO BOX 13 BOZEMAN, MT 59771 96010 158.51$
3H ENTERPRISES INC 572 N LAUREL PKWY 2287 N FERGUSON AVE BOZEMAN, MT 59718 236370 130.90$
AARON MILLS CONSTRUCTION 4470 GLENWOOD DR 4470 GLENWOOD DR BOZEMAN, MT 59718 245310 46.43$
BANIS, ROBERT 1602 N ROUSE AVE 1602 N ROUSE AVE BOZEMAN, MT 59715 77510 407.16$
BARKHUFF, LORETTA C/O MARILYN LINDEMULDER 924 W BABCOCK ST 782 SPRINGHILL LN BOZEMAN, MT 59715 17750 155.43$
BERNAUER, CHRISTY 4488 GLENWOOD DR 814 MEAGHER AVE UNIT B BOZEMAN, MT 59718 216280 81.73$
BURNS, CARLA 2905 N 27TH AVE UNIT 1 2905 N 27TH AVE UNIT 1 BOZEMAN, MT 59718 157580 185.40$
EDWARDS, ROBERT L 1208 S CHURCH AVE 1208 S CHURCH AVE BOZEMAN, MT 59715 71190 82.74$
FITZSIMMONS, KRYSTEN 427 MICHAEL GROVE AVE UNIT 18 427 MICHAEL GROVE AVE UNIT 18 BOZEMAN, MT 59718 129230 138.68$
GREAT NORTHWEST CONSTRUCTION 806 N 7TH AVE 1929 BOZEMAN TRAIL RD BOZEMAN, MT 59715 25520 122.74$
JONSSON, CAROL 1612 W OLIVE ST UNIT 1 1612 W OLIVE ST UNIT 1 BOZEMAN, MT 59715 71680 334.10$
KIM, EUN SIL 716 E MAIN ST 2302 SPRING CREEK DR BOZEMAN, MT 59715 66300 70.92$
KIM, EUN SIL 712 E MAIN ST 2302 SPRING CREEK DR BOZEMAN, MT 59715 770 104.49$
KRUMP, LUCAS 202 S 8TH AVE 202 S 8TH AVE BOZEMAN, MT 59715 12000 294.78$
LANDSGAARD, PAUL & PAM 1411 BOHART LN 1627 W MAIN ST #260 BOZEMAN, MT 59715 114190 147.24$
MCDANIEL, CHIP 3178 CATKIN LN UNIT B 3178 CATKIN LN UNIT B BOZEMAN, MT 59718 169850 89.12$
MCGOWEN, MARSHA 958 KNOLLS DR 4 CALLE SIETE CASAS SANTE FE, NM 87507 200190 5.30$
MONTANA OPTICOM LLC 3810 BAXTER LN 144 QUIL RUN RD BOZEMAN, MT 59718 168460 70.92$
NEWTON, JOHN P & KATHERINE M ZUERCHER 304 N ROUSE AVE 1421 28TH AVE S GREAT FALLS, MT 59405 93960 70.92$
PECK, DAVID C/O CARLING PECK 4361 BROOKSIDE LN UNIT B 4361 BROOKSIDE LN UNIT B BOZEMAN, MT 59718 204980 189.16$
PENNER CONSTRUCTION 520 VALLEY DR 219 COULEE DR BOZEMAN, MT 59718 243530 85.00$
PEUSE, DALLAS J 1013 THOMAS DR 1013 THOMAS DR BOZEMAN, MT 59718 210710 70.92$
RICHARDSON, DAVID 3139 FEN WAY B 2801 E 120TH AVE APT C301 THORNTON, CO 80233 169960 31.23$
RICHARDSON, KELLY RENEE 1856 BRISK CT 140 FARM WIND RD GAFFNEY, SC 29341 179110 20.65$
SENG, BRETT 59 KIMBALL AVE 59 KIMBALL AVE BOZEMAN, MT 59718 115700 404.00$
STONGER, TRISTAN V 1612 W BABCOCK ST 8272 S STRAWTOWN PIKE BUNKER HILL, IN46914 45320 886.07$
STURN, JUSTIN C/O LANA STURN 3147 CATTAIL ST UNIT C 3147 CATTAIL ST UNIT C BOZEMAN, MT 59718 164230 174.86$
TAYLOR PROPERTIES 2633 PARK CREEK AVE 2633 PARK CREEK AVE BOZEMAN, MT 59718 241500 143.72$
WARD, MAUREEN 3309 RAVALLI ST 3309 RAVALLI ST BOZEMAN, MT 59718 62000 90.99$
WARFIELD, JAMES 4716 SHADOWGLEN DR UNIT A 4716 SHADOWGLEN DR UNIT A BOZEMAN, MT 59718 162620 119.54$
WILLARD, BENJAMIN W & ALICIA 3453 BEAVERHEAD ST 1514 SILVERRUN TRL BILLINGS, MT 59106 60370 154.61$
YI LIU, JIAN 809 BLACKMORE PL 809 BLACKMORE PL BOZEMAN, MT 59715 47020 90.94$
ZACK WERMERS CONSTRUCTION 1505 RYUN SUN WAY 1505 RYUN SUN WAY BOZEMAN, MT 59718 251340 24.79$
TOTAL DUE 5,183.99$
Water, Sewer, Stormwater, Garbage, and Recycling
Schedule A
DELINQUENT UTILITY ACCOUNTS
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