HomeMy WebLinkAboutResolution No. 4189 - Delinquent Water and Sewer Charges
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Deanna Shannon, Special Assessment/SID Accounting Clerk
Laurae Clark, City Treasurer
Chris Kukulski, City Manager
SUBJECT: Resolution 4189 / Delinquent Water and Sewer charges
MEETING DATE: September 28, 2009
AGENDA ITEM TYPE: Action
RECOMMENDATION: Adopt Commission Resolution No. 4189
BACKGROUND: The attached resolution, Resolution 4189,
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
as shown in property tax records maintained by the department of revenue.
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(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.
Attachments: Resolution 4189
Report compiled on: July 21, 2009
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COMMISSION RESOLUTION NO. 4189
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 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 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 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 2009 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, 2009) to the date the assessment is paid.
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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, 1212 N Rouse Ave, in said City on the 28th day of September 2009, 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 is hereby directed to publish 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 and sewer charges,
plus the costs and expenses incurred thereby, for providing water and sewer services in the City of Bozeman in
Fiscal Year 2009, against the property of which such service was rendered.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 28th day of September 2009.
__________________________________________
KAAREN JACOBSON
Mayor
ATTEST:
________________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_____________________________________________
GREG SULLIVAN
City Attorney
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N O T I C E
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 4189 LEVYING
A SPECIAL ASSESSMENT TO COLLECT DELINQUENT WATER AND SEWER
CHARGES PLUS THE COSTS AND EXPENSES INCURRED BY THE CITY OF
BOZEMAN IN FISCAL YEAR 2009 AGAINST PROPERTY IN THE CITY OF BOZEMAN
TO WHICH WATER AND SEWER SERVICE WAS RENDERED.
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman will
be held on the 28th day of September 2009, Commission Resolution No. 4189 will be passed and adopted; that
said Resolution levies and assesses a special assessment to collect delinquent water and sewer charges in the City
of Bozeman for the Fiscal Year 2009, upon all property to which such service was rendered.
DATED this 13th day of September 2009.
STACY ULMEN
City Clerk
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Owner Property Address Amount to be assessedLocation ID #'s
Robert & Lyndsey Kaufmann 218 W Garfield St 53.54$ 8700
Downtown Realty Investors LLC
- Thomas Mosser 122 W Main St 2,236.53$ 14660
Tyler Gleason 320 N Montana Ave 557.21$ 27440
Whitney Lonsdale 721 N Grand Ave 98.26$ 29770
Kimberli M Harvey 724 E Peach St 120.11$ 33010
Jerrold Arbini 11 Hoffman Dr Unit 27 25.00$ 40340
Christopher Goehrung 407 N 17th Ave 109.19$ 43950
Blue Sky Development 2150 Story Mill Rd 1,647.10$ 53810
Blue Sky Development 2100 Story Mill Rd 98.48$ 53820
Aaron & Kristen Miller 954 New Holland Dr 105.03$ 151050
Donald & Ingrid Ballenger 983 Springbrook Ave 185.31$ 150880
Leonard & Tracy Grossberg 2991 Annie St 475.73$ 150320
Darren & Nyla Capeheart 3072 Annie St 37.40$ 150280
Daniel & Pamela Gannon 3125 Madrona Ln 199.68$ 173070
James & Mary Pat Harris III 3227 Gardenbrook Ln 63.91$ 125630
John Berger 305 S Yellowstone Ave 100.27$ 65260
R T English Construction Co 304 Pondera Ave 10.16$ 64650
Deutche Bank National Trust Co.
c/o Carrington Mtg Services 4617 Alexander St 36.00$ 116130
Kritanya Lambert & Duane
Burchill 3840 Palm St 225.13$ 181480
Tyler Duke 907 Flanders Creek Ave 25.00$ 177690
Kale Hellwinkel 918 Flanders Creek Ave 52.81$ 177510
Thomas & Donna Volberding 2726 Hedgerow Ct 100.11$ 179580
Ryan & Megan Stout 2434 Lasso Ln 193.49$ 158490
Ron Snow 403 Golden Valley Dr 225.19$ 62680/90020
Byron & Tammy Howard 3144 Blackbird Dr 223.88$ 119900
Carmen & Marylin Wietlispach 2433 N Ferguson Ave 25.58$ 158390
Total to be assessed 7,230.10$
DELINQUENT WATER & SEWER
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