HomeMy WebLinkAbout09-15-2008_Resolution No. 4126, Assessing a Special Assessment to Collect Delinquent Water and Sewer Charges
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Deanna Shannon, Special Assessment/SID Accounting Clerk
Chris Kukulski, City Manager SUBJECT: Resolution 4126 / Delinquent Water and Sewer charges
MEETING DATE: September 15, 2008
RECOMMENDATION: Adopt Commission Resolution No. 4126
BACKGROUND: The attached resolution, Resolution 4126,
7-13-4309. Procedure to collect sewer or water 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
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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 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.
FISCAL EFFECTS: Recover the charges that have been accrued due to water and sewer
usage.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_____________________________ ______________________________ Deanna Shannon Chris A. Kukulski
Special Assessment/SID Accounting Clerk City Manager
Report compiled on: August 25, 2008
Attached Documents: Resolution #4126
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COMMISSION RESOLUTION NO. 4126
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 AND SEWER 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 and sewer 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 and sewer charges in the City of Bozeman, 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 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
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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 $20.00 per delinquency.
Section 3
That this assessment be levied and billed in October 2008 as are all other special assessments.
Section 4
That upon all assessments levied and assessed, simple interest shall be charged at the rate of 10 percent
per year from the date this assessment becomes delinquent (December 1, 2008) to the date the
assessment is paid.
Section 5
That the regular session of the Commission of the City of Bozeman, Montana, to be held in the
Community Room in the Gallatin County Courthouse 311 W Main Street, in said City on the 15th day of
September 2008, at 6:00 p.m., and the same is hereby designated as the time and place at which
objections to the final adoption of the Resolution will be heard by said Commission.
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PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 15th
day of September 2008.
________________________________
KARREN JACOBSON Mayor ATTEST:
_______________________________ STACY ULMEN
City Clerk
APPROVED AS TO FORM:
______________________________
TIM COOPER Assistant City Attorney
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New Owner c/o Mailing Address City, State Zip Property Address Amount Due Old Account #New Account #
W H & Y LLC 8260 Huffine Ln Bozemna, MT 59718 410 S 9th Ave 62.58$ 28481-15200 32467-15200
Brad & Ellie & James Lowe 232 E Mendenhall St Bozeman, MT 59715 232 E Mendenhall St 134.24$ 5749-30840 30697-30840
Thomas Winston 416 N Ida Ave Bozeman, MT 59715 416 N Ida Ave 67.45$ 29559-34320 30429-34320
Mark Miller 322 N Rouse Ave Bozeman, MT 59715 2916 Langohr Ave 48.78$ 15181-50570 32297-50570
Brian & Angela Bakken 3021 Langohr Ave Bozeman, MT 59715 3021 Langohr Ave 59.42$ 19061-51950 30417-51950
Mark Hom 120 N 15th Ave Bozeman, MT 59715 120 N 15th Ave 35.56$ 13931-46190 32043-46190
James Sullivan PO Box 3571 Bozeman, MT 59771 1617 Durston Rd 3,200.03$ 8505-46880
Bobby & Robin Smith 88 Low Bench Rd Gallatin Gateway, MT 59730 1811 Durston Rd 51.98$ 32149-47880
Richard Maddalena Po Box 306 Story, WY 82842 304 Pondera Ave 194.20$ 27461-64650
Carleton Lindsay 23575 Currant Dr Golden, CO 80401 4291 Cover St 249.41$ 24901-149920 30691-149920
K-Best Properties % Max Pigman 818 Stuart St Helena, MT 59601 867 Longbow Ln 110.57$ 25751-122700 30785-122700
Aurora Loan Service LLC PO Box 1706 Scottsbluff, NE 69361 2275 Gallatin Green Blvd 343.09$ 29743-108290
Owners for Delinquent Water & Sewer FY09
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