HomeMy WebLinkAboutResolution No. 4190 - Delinquent Garbage 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 4190 / Delinquent Garbage Charges
MEETING DATE: September 28, 2009
AGENDA ITEM TYPE: Action
RECOMMENDATION: Adopt Commission Resolution No. 4190
BACKGROUND: The attached resolution, Resolution 4190,
8.16.050 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
FISCAL EFFECTS: Recover delinquent garbage charges.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution 4190
Report compiled on: July 21, 2009
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COMMISSION RESOLUTION NO. 4190
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, TO DEFRAY THE COST AND
EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE.
WHEREAS, Section 8.16.050 of the Bozeman Municipal Code provides for the monthly billing of
customers on the City’s solid waste collection system; and
WHEREAS, Chapter 8.16 of the Bozeman Municipal Code requires a resolution annually establishing
the rates for the collection, removal and disposal of solid waste; and
WHEREAS, on the 13th day of August 2001, the City Commission of the City of Bozeman adopted
Commission Resolution No. 3467, which established the rates the City charges customers for the collection,
removal and disposal of solid waste; and
WHEREAS, on the 17th day of March 2003, the City Commission of the City of Bozeman adopted
Commission Resolution No. 3581, amending the rates the City charges customers for the collection, removal and
disposal of solid waste; and
WHEREAS, certain customers on the City’s solid waste collection system failed to pay the charges or
fees for the collection, removal and disposal of this waste from their property.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, State of
Montana:
Section 1
To defray the costs of the collection, removal and disposal of solid waste from property where the
customer has failed to pay the appropriate charge or fee, 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, and which includes a particular description of each lot and parcel of
land with the name of the owner and/or owners with the sum assessed against the same set forth therein; 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; and 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 for
such assessment and any penalties provided by law relative to delinquent taxes.
Section 2
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This assessment be levied and be billed in October 2009 as are all other special assessments.
Section 3
The regular session of the Commission of the City of Bozeman, Montana, to be held in the
Commission Room at City Hall in said City on the 28th day of September 2009, at 6:00 p.m., is designated as the
time and place at which objections to the final adoption of the Resolution will be heard by said Commission.
Section 4
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 against the property for which solid waste services were
rendered, to defray the cost and expense for collecting, removing and disposing of solid waste from specified
properties in the City of Bozeman in Fiscal Year 2009, is on file in the office of the City Clerk; that said Notice
shall state the time and place at which objections will be heard by the Commission to the final adoption of this
Resolution.
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
101
N O T I C E
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 4190 LEVYING
AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL
PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF
MONTANA, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING
AND DISPOSING OF SOLID WASTE.
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. 4190 will be passed and adopted; that
said Resolution levies and assesses a special assessment to defray the cost and expense of collecting, removing
and disposing of solid waste in the City of Bozeman in 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 Service AddressCustomer #
Frank Campbell 519 N Black Ave BozemanMT59715519 N Black Ave 6958
Judith Crisman 202 S 8th Ave BozemanMT59715202 S 8th Ave 6897
DRM Waste Solutions-Linen & ThingsP O Box 659 Forked River NJ 08731-0659Linens & Things 6636
Ideal Construction 2329 Arabian Ave BozemanMT59718 2329 Arabian Ave 6959
Colleen Kinnear P O Box 23 BozemanMT597711305 S Black Ave3590
Seth Millington 863 Linwood Ave Saint Paul MN55105405 Morrow St 6870
John Peterson 2515 Rose St BozemanMT597152515 Rose St 7039
Sweepers Vac Shop 2230 W Main St #A1BozemanMT59718712 E Main St 7016
Andrea Wolfe 418 W Lamme St BozemanMT59715418 W Lamme St 6748
Mailing Address
SPECIAL GARBAGE
103
Amount Due
90.00
98.00
185.86
744.00
90.00
240.00
15.00
90.00
115.00
104