HomeMy WebLinkAbout10-06-20 City Commission Packet Materials - A2. Res 5197 Delinquent City Utility Charges
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer
Kristin Donald, Finance Director SUBJECT: Resolution 5197 / Delinquent Water, Sewer, Stormwater, Garbage and Recycling Charges MEETING DATE: October 6, 2020 AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 5197 BACKGROUND: Letters were sent out prior to July 7, 2020 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 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
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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 $4,686.81 which have not been paid.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution 5197 Memo compiled on: September 22, 2020
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Page 1 of 3
RESOLUTION NO. 5197
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 5197, Levying and Assessing Delinquent Utility Accounts for FY21
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 2020 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, 2020) 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 6th day of October, 2020 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 5197, Levying and Assessing Delinquent Utility Accounts for FY21
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 6th day of October 2020.
______________________________________ CYNTHIA L. ANDRUS Mayor ATTEST:
_____________________________________ MIKE MAAS City Clerk
APPROVED AS TO FORM: ______________________________________ GREG SULLIVAN City Attorney
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Schedule A
FY 21
CID LID Delinquent Prior Owner on Final Acct New Owner Service Address Mailing1 City State Zip Due
47983 4130 FLANAGAN, ZACH 11 West LLC 11 W COLLEGE ST PO BOX 1256 MANHATTAN MT 59741 80.96
3827 19720 DELL, KAY BERTINO KJELDSEN, HOLLY & RASMUS 309 S 13TH AVE 1055 SE 223RD AVE GRESHAM OR 97030 37.71
7361 39690 BARNOSKY, CHARLES HANKEY, LESLIE ORD & CHARLES W 1719 S BLACK AVE 1719 S BLACK AVE BOZEMAN MT 59715 104.67
72525 40680 BOWMAN, KRYSSA HANSEN, GORDON K & STACY 1104 CHERRY DR 1650 MT ELLIS LN BOZEMAN MT 59715 75.00
68101 58740 MEHMOOD, SAJID BOUGHTON, ZACHARY 2618 DAFFODIL ST 2618 DAFFODIL ST BOZEMAN MT 59718 153.93
27571 169590 POULIN, DANA POULIN, DANA M 2953 N 27TH AVE UNIT 15 59 DAMONTE RANCH PKWY STE B-187 RENO NV 89521 110.14
44935 184300 DAIS CAPITAL GROUP LLC RYEN, WAYNE LYNN 723 ROSA WAY 209 S 6TH AVE BOZEMAN MT 59715 172.75
63485 205030 SOLA CAFE LEVEL INVESTORS LLC 290 W KAGY BLVD UNIT A 519 W MENDENHALL ST BOZEMAN MT 59715 485.85
60807 244740 PIMLEY, TIFFANI OWEN, MEREDITH C & JESSE B 3037 TRADE WIND LN 3037 TRADE WIND LN BOZEMAN MT 59718 131.48
65483 248040 CCC-BOZEMAN LLC (GARBAGE)RTR HOLDINGS II LLC 2332 S 12TH AVE 22 TURTLE ROCK CT BEL TIBURON CA 94920 47.37
Subtotal 1,399.86
CID LID Delinquent Current Owner New Owner Service Address Mailing1 City State Zip Due
49905 770 KIM, EUN SIL Same 712 E MAIN ST 2302 SPRING CREEK DR BOZEMAN MT 59715 58.64
70165 28800 STONEFLY ENTERPRISES Same 602 N WILLSON AVE 312 N 11TH AVE BOZEMAN MT 59715 213.07
49905 66300 KIM, EUN SIL Same 716 E MAIN ST 2302 SPRING CREEK DR BOZEMAN MT 59715 36.90
12877 71200 RADEN, AMY LYNN Same 1008 S CHURCH AVE PO BOX 161694 BIG SKY MT 59716 26.08
47863 71680 JONSSON, CAROL Same 1612 W OLIVE ST UNIT 1 1612 W OLIVE ST UNIT 1 BOZEMAN MT 59715 155.95
65193 72870 617 LLC Same 617 S 9TH AVE UNIT 3 44 N LAST CHANCE GULCH STE 1 HELENA MT 59601 175.44
14895 77510 BANIS, ROBERT Same 1602 N ROUSE AVE 1602 N ROUSE AVE BOZEMAN MT 59715 383.16
19049 102820 KOENIG, THEODORE & AMANDA Same 10 S YELLOWSTONE AVE UNIT 10 10 S YELLOWSTONE AVE UNIT 10 BOZEMAN MT 59718 224.98
50231 114190 LANDSGAARD, PAUL & PAM Same 1411 BOHART LN 1627 W MAIN ST #260 BOZEMAN MT 59715 139.57
56209 115700 SENG, BRETT Same 59 KIMBALL AVE 6700 SHERMAN DR BELGRADE MT 59714 285.1747169127080FARRINGTON, JARED Same 108 S YELLOWSTONE AVE UNIT 4 108 S YELLOWSTONE AVE UNIT 4 BOZEMAN MT 59715 80.96
48111 137820 GLIKO, JOSH Same 2020 S ROUSE AVE UNIT 2 2020 S ROUSE AVE UNIT 2 BOZEMAN MT 59715 170.72
26067 157580 BURNS, CARLA Same 2905 N 27TH AVE UNIT 1 2905 N 27TH AVE UNIT 1 BOZEMAN MT 59718 170.72
50499 168460 MONTANA OPTICOM LLC Same 3810 BAXTER LN 144 QUAIL RUN RD BOZEMAN MT 59718 67.41
50823 169850 MCDANIEL, CHIP Same 3178 CATKIN LN UNIT B 3178 CATKIN LN UNIT B BOZEMAN MT 59718 161.95
50521 199840 SMITH, ROGER HOFF Same 2305 DURSON RD 2305 DURSTON RD BOZEMAN MT 59718 164.11
50529 210710 PEUSE, DALLAS J Same 1013 THOMAS DR 1013 THOMAS DR BOZEMAN MT 59718 67.41
50543 221340 JBE LLC Same 3121 W VILLARD ST 1044 DURHAM AVE BOZEMAN MT 59718 30.75
66259 231110 ALTRINGER, NICOLLE & MICHAEL Same 941 SAXON WAY UNIT A 941 SAXON WAY UNIT A BOZEMAN MT 59718 285.95
66215 239950 DICKINSON, ZACHARY Same 1083 ROSA WAY 1083 ROSA WAY BOZEMAN MT 59718 388.01
Subtotal 3,286.95
Grand Total 4,686.81
DELINQUENT UTILITY ACCOUNTS
Water, Sewer, Stormwater, Garbage, and Recycling
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