HomeMy WebLinkAboutResolution No. 4284, Delinquent Water and Sewer.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Deanna Shannon, Special Assessment/SID Accounting Tech
Laurae Clark, City Treasurer
Chris Kukulski, City Manager
SUBJECT: Resolution 4284 / Delinquent Water and Sewer charges
MEETING DATE: September 27, 2010
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4284
BACKGROUND: The attached resolution, Resolution 4284,
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 delinquent water and sewer charges that have not been paid
totaling $4,423.51.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution 4284
Memo compiled on: September 16, 2010
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COMMISSION RESOLUTION NO. 4284
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
$20.00 per delinquency.
Section 3
That this assessment be levied and billed in October 2010 as are all other special assessments.
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Section 4
That upon all assessments levied and assessed, simple interest shall be charged at the rate of 10 percent
per year from the date this assessment becomes delinquent (December 1, 2010) to the date the assessment is paid.
Section 5
That the regular session of the Commission of the City of Bozeman, Montana, to be held in the
Commission Room at City Hall, 121 N Rouse Ave, in said City on the 27th day of September 2010, at 6:00 p.m.,
and the same is hereby designated as the time and place at which objections to the final adoption of the Resolution
will be heard by said Commission.
Section 6
That the City Clerk of the City of Bozeman is hereby directed to publish in the Bozeman Daily
Chronicle, a daily newspaper printed and published in said City of Bozeman a Notice signed by the City Clerk,
stating that a Resolution levying and assessing a special assessment to collect delinquent water and sewer charges,
plus the costs and expenses incurred thereby, for providing water and sewer services in the City of Bozeman in
Fiscal Year 2010, against the property of which such service was rendered.
APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof
held on the 27th day of September 2010.
__________________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
________________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_____________________________________________
GREG SULLIVAN
City Attorney
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Property Address Amount Due Account #
Brian England 401 N Grand Ave Bozeman MT 59715401 N Grand Ave 192.49$ 4831-25650
Melinda Thomas 714 St Andrews Way Lompoc CA 934363216 Augusta Dr 62.37$ 21573-68740
Fred & Debra Napoli 612 Strait View Dr Port Angeles WA 9836219 Mineral Ave 76.64$ 32795-99250
Vertex Holdings 103 Alton Way Bozeman MT 59718368 Kimball Ave 38.61$ 32145-168910
Nicole & Tad Clayton 994 N Yellowstone Ave Bozeman MT 59718994 N Yellowstone Ave 107.29$ 32833-172160
Samantha & Jon Butler 2253 Buckrake Ave Bozeman MT 597182253 Buckrake Ave 45.58$ 29673-161280
Brad Thurber 1524 Longhorn Dr Farmington UT 840252319 Milkhouse Ave 112.38$ 31165-158150
Chris Faehl 1167 N Yellowstone Bozeman MT 597181167 N Yellowstone Ave 63.78$ 35981-172010
Audrey & Wayne Steven c/o Gallatin Auto 602 W HemlockSt Bozeman MT 59715602 W Hemlock St 286.35$ 4403-23220
Andrea & James Wolfe 1311 Driftwood Dr Bozeman MT 59715418 W Lamme St 242.50$ 30845-23660
Josephine Gohde PO Box 38 Fairview MT 59221422 N Montana Ave 240.62$ 5175-27620
Jarrett Voiles 3138 Farmall St Bozeman MT 597183138 Farmall St 103.36$ 27217-150680
Ruben Naffziger 1525 Bench Blvd #16 Billings MT 591053030 Annie St 234.90$ 27499-150260
Angie Wojtala 3434 Bengal Blved #135 Cottonwood HeightsUT 841213610 Broadwater st Unit 102 199.95$ 20499-60970
Gary Foster 4938 Itana Cir Bozeman MT 59718963 Meagher Ave 186.38$ 29975-167020
Dave Fuqua 3221 Poly Dr Billings MT 591022106 Buckrake Ave 25.00$ 30375-161060
W Bruce Mecklenburg c/o Dan Mecklenberg329 Mecklenburg Ln Bozeman MT 597182102 W Babcock St 1,896.24$ 8181-44460
Michael Renaud 2803 Allison Ct Bozeman MT 597183821 Renova Ln 284.07$ 33929-171890
Robert Bernthal 123 Jasper St #26 Encinitas CA 92024403 N Broadway Ave 25.00$ 20265-34210
TOTAL 4,423.51$
Owner Mailing Address
Delinquent Water and Sewer
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