HomeMy WebLinkAbout10-07-19 City Commission Packet Materials - A1. Res 5073, Delinquent Utility Accounts Charges for FY20
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer
Kristin Donald, Finance Director
SUBJECT: Resolution 5073 / Delinquent Water, Sewer, Stormwater, Garbage and Recycling
Charges MEETING DATE: October 7, 2019
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 5073 BACKGROUND: Letters were sent out prior to July 7, 2019 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 $4,511.79 which have not been paid.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution 5073
Memo compiled on: September 18, 2019
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Page 1 of 3
RESOLUTION NO. 5073
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
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Resolution 5073, Levying and Assessing Delinquent Utility Accounts for FY20
Page 2 of 3
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, 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 2019 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, 2019)
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 Montana State University Strand Union Building, Ballroom C, 751 West Grant Street,
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Resolution 5073, Levying and Assessing Delinquent Utility Accounts for FY20
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Bozeman, Montana, on the 7th day of October, 2019 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 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 7th day of October 2019.
___________________________________
CHRIS MEHL
Deputy Mayor ATTEST:
________________________________ ___
ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
___________________________________ GREG SULLIVAN City Attorney
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Schedule A
FY20
Delinquent
Delinquent Prior Owner or Current Owner Current Owner Service Address Mailing Address City, State, Zip LID Amount Due
ALTRINGER, NICOLLE & MICHAEL SAME 941 SAXON WAY UNIT A 941 SAXON WAY UNIT A BOZEMAN, MT 59718 231110 $177.15
BANIS, ROBERT SAME 1602 N ROUSE AVEUNIT 77 1602 N ROUSE AVE BOZEMAN, MT 59715 77510 $408.60
BASSY, JASON SAME 4050 W BABCOCK ST UNIT 40 4050 W BABCOCK ST UNIT 40 BOZEMAN, MT 59718 125260 $138.68
BURNS, CARLA SAME 2905 N 27TH AVE UNIT 1 2905 N 27TH AVE UNIT 1 BOZEMAN, MT 59718 157580 $186.24
CUMMINGS, PARD SAME 288 KIMBALL AVE UNIT B PO BOX 7107 BOZEMAN, MT 59771 159410 $241.08
CZORNY, HEIDI MCMURTRY, JESSICA 1711 W KOCH ST UNIT 42 1711 W KOCH ST UNIT 42 BOZEMAN, MT 59715 72000 $518.32
DEUTSCHE BANK NATIONAL TRUST INDYMAC TRUS 2007-HOA1 ROOS FAMILY TRUST 288 MATHEW BIRD CIR 288 MATHEW BIRD CIR BOZEMAN, MT 59718 155000 $24.53
GLIKO, JOSH SAME 2020 S ROUSE AVE UNIT 2 2020 S ROUSE AVE UNIT 2 BOZEMAN, MT 59718 137820 $247.32
KIM, EUN SIL SAME 712 E MAIN ST 2302 SPRING CREEK DR BOZEMAN, MT 59718 770 $115.08
KIM, EUN SIL SAME 716 E MAIN ST 2302 SPRING CREEK DR BOZEMAN, MT 59715 66300 $70.92
KO HOLDINGS LLC SAME 1216 W LINCOLN ST 287 HYALITE VIEW DR BOZEMAN, MT 59718 87560 $123.41
KOENIG, THEODORE & AMANDA SAME 10 S YELLOWSTONE AVE UNIT 10 10 S YELLOWSTONE AVE #10 BOZEMAN, MT 59718 102820 $481.05
LANDSGAARD, PAUL & PAM SAME 1411 HOHART LN 1627 W MAIN ST #260 BOZEMAN, MT 59715 114190 $147.24
MITCHELL, TED SAME 3918 BROADWATER ST 3918 BROADWATER ST BOZEMAN, MT 59718 70910 $160.20
MONTANA OPTICOM LLC SAME 3810 BAXTER LN 144 QUAIL RUN RD BOZEMAN, MT 59718 168460 $70.92
MURPHY, BRIAN SAME 2914 WARBLER WAY UNIT 15 2914 WARBLER WAY UNIT 15 BOZEMAN, MT 59718 159300 $108.49
PEUSE, DALLAS J SAME 1013 THOMAS DR 1013 THOMAS DR BOZEMAN, MT 59718 210710 $70.92
PRIETO, STEPHANIE SAME 125 DONNA AVE UNIT H 8205 HAMMOCKS BLVD #7109 MIAMI, FL 33193 210150 $280.26
SENG, BRETT SAME 59 KIMBALL AVE 6700 SHERMAN DR BELGRADE, MT 59714 115700 $327.52
STONEY BUTTE CREEK LLC/DEBORAH J YARGER SAME 1712 W OLIVE ST UNIT 60 1712 W OLIVE ST UNIT 60 BOZEMAN, MT 59715 83260 $251.30
STURN, JUSTIN C/O LANA STURN SAME 3147 CATTAIL ST UNIT C 3147 CATTAIL ST UNIT C BOZEMAN, MT 59718 164230 $202.24
TERRY, BETH C/O RYAN TERRY HOLLINBECK, SKYLER 3025 S HEALY AVE 3025 S HEALY AVE BOZEMAN, MT 59715 51710 $96.16
WELLS FARGO BANK NA TRUSTEE SOUNDVIEW HM LN TRST 2007-0PT5 LOWER, JENIFER 3453 BEAVERHEAD ST 2101 DURST ST STE 4 BOZEMAN, MT 59718 60370 $64.16
$4,511.79
DELINQUENT UTILITY ACCOUNTS
Water, Sewer, Stormwater, Garbage, and Recycling
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