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HomeMy WebLinkAboutCertification of Delinquent City Assessments.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Laurae Clark, City Treasurer Chris Kukulski, City Manager SUBJECT: Certification of Delinquent City Assessments to the County MEETING DATE: December 20, 2010 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve the Certification of Delinquent City Assessments to the Gallatin County Treasurer as submitted. BACKGROUND: MCA 7-6-4182, 7-6-4183 and 7-6-4423. The city or town may provide by ordinance for the collection by its city treasurer or town clerk of all special assessments and taxes levied and assessed in accordance with any of the provisions of part 42 and this part in the same manner and at the same time as taxes for general, municipal, and administrative purposes are collected by the county treasurer. All of the provisions of 7-6-4423 apply to the collection of the special taxes and assessments in the same manner as the provisions apply to the collection of other city or town taxes. Delinquent special assessments must be certified to the county clerk of the county in which the city or town is situated. The county treasurer shall collect the delinquent special assessments and taxes in the same manner and at the same time that taxes for general, municipal, and administrative purposes are collected. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission FISCAL EFFECTS: By certifying the delinquent City Special Assessments to Gallatin County we will ensure the collection of the 1st half amounts that were not paid by the due date of November 30, 2010. The amount we have certified and will in turn collect is $269,464.91 as noted on Schedule “A” attached. These assessments will be placed as a lien against their property and their properties cannot be sold without bringing them current. Attachments: Certification of Delinquent City Assessments Schedule “A” Report compiled on: December 9, 2010 53 COMMISSION RESOLUTION NO. 4304 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE NOVEMBER 30, 2010, AND UNPAID AS OF THAT DATE, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. WHEREAS, pursuant to Chapters 2.32 and 3.04 of the Bozeman Municipal Code, the Director of Finance has prepared and filed with the Commission of the City of Bozeman, attached hereto, a report entitled Schedule "A", describing the lot or parcel subject to the assessments, the name and address of persons assessed, showing all annual and semi-annual special assessments due and payable November 30, 2010, and unpaid as of that date, and the amount due thereunder, with penalty; and WHEREAS, pursuant to Sections 7-6-4423 and 7-12-4188, M.C.A., the City Commission of the City of Bozeman deems it necessary and proper, in order to protect the interests of the residents of the City of Bozeman and the bondholders of the respective Special Improvement District bonds, to declare all annual and semi-annual special assessments due and payable by 5:00 p.m. on November 30, 2010, and unpaid as of that date, delinquent and to certify the same to the Gallatin County Treasurer for collection as other delinquent taxes, and the property and/or properties may be sold the same as other property is sold for taxes. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That all annual and semi-annual special assessments and installments of special assessments, due and payable November 30, 2010, and unpaid as of that date, as set forth in Schedule "A" hereto attached, and made a part hereof, are hereby declared delinquent. Section 2 That the Director of Finance is hereby directed to certify all annual and semi-annual special assessments and installments of special assessments delinquent, with penalty, as herein provided, and as shown by Schedule "A", to the County Treasurer of Gallatin County for collection as other delinquent taxes. Section 3 That within ten (10) days from and after the filing of said certificate, the Director of Finance shall 54 - 2 - publish in one issue of the Bozeman Daily Chronicle, Notice as provided by Chapter 3.04 of the Bozeman Municipal Code. Section 4 That the County Treasurer shall proceed with the collection of all annual and semi-annual special assessments or installments of special assessments, as set forth in Schedule "A", that the same shall be spread upon the delinquent tax list of the County of Gallatin for the Year 2010, and the same shall be collected as other delinquent taxes; and that in the case the same are paid, collection shall be made by the County Treasurer of Gallatin County, as provided by Sections 7-12-4181 and 7-12-4183, M.C.A., and that in the case the same are not paid, the whole property shall be sold as in the case of other properties sold for non-payment of taxes. Section 5 That the Director of Finance, under the direction of the City Manager, shall attend at the time and place for sale of the property for delinquent taxes, as provided by Chapter 3.04 of the Bozeman Municipal Code. Section 6 That a copy of this Resolution, together with Schedule "A" attached hereto and made a part hereof, shall on or before the 20th day of December 2010 be filed with the County Clerk and Recorder and the County Treasurer of Gallatin County. Section 7 That, pursuant to Chapters 2.32 and 3.04 of the Bozeman Municipal Code, attached hereto and made a part hereof, shall be a certificate of the Director of Finance. APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 20th day of December 2010. ________________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ______________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ______________________________________ GREG SULLIVAN City Attorney 55 CERTIFICATE OF DIRECTOR OF FINANCE I, Anna Rosenberry, duly appointed, qualified and acting as Director of Finance of the City of Bozeman, Montana, do hereby certify that the attached schedule marked Schedule "A" and made a part of Commission Resolution No. 4304 is a true and correct list of all annual and semi-annual delinquent special assessments and subsequent installments of special assessments due and owing the City of Bozeman as of November 30, 2010, at 5:00 p.m. That this certification and Schedule "A" attached hereto are made pursuant to and in conformance with Chapter 2.32 and 3.04 of the Bozeman Municipal Code of the City of Bozeman, Montana. IN WITNESS WHEREOF, I hereunto set my hand this 20th day of December 2010. ________________________________________ ANNA ROSENBERRY Director of Finance 56 NOTICE NOTICE IS HEREBY GIVEN by the Director of Finance for the City of Bozeman, Montana, that she has certified to the Treasurer of Gallatin County a list of all property and of the persons assessed for delinquent taxes and assessments which will be sold at public auction by the Gallatin County Treasurer unless re-instated prior to such auction by paying all delinquent taxes, together with interest, penalties and costs incurred. A list of all delinquent properties and persons assessed is on file and subject to public inspection in the offices of the Gallatin County Treasurer, Gallatin County Courthouse, 311 West Main Street, and the Director of Finance for the City of Bozeman, 121 N Rouse Ave., Bozeman, Montana. DATED this 23rd day of December 2010. ________________________________________ ANNA ROSENBERRY Director of Finance City of Bozeman Display Ad Publish: Sunday, December 26, 2010 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: James Goehrung, Director of Facility Services Chuck Winn, Assistant City Manager SUBJECT: Approve Resolution 4305 authorizing the City Manager to sign Change Order #18 for the Lower Yard Vehicle Maintenance and HRDC Bus Barn to demolish and remove the old wastewater treatment plant control building from the lower yard site. MEETING DATE: December 20, 2010 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Resolution 4305 authorizing the City Manger to sign Change Order #18 in the amount of $21,246.50, for the Lower Yard Vehicle Maintenance and HRDC Bus Barn. This change includes CP #45 for the demolition and removal of the old wastewater control building which had been used as a fire training structure. BACKGROUND: This change order covers the cost of the removal of the old waste water control building at the lower yard site. The building has most recently been used as a fire training facility for live fire drills with the Fire Department. We were able to build around the building when we established the building location for the Vehicle Maintenance Building. The removal of the building was anticipated because it blocked traffic flow from two of the overhead garage doors on the northwest end of the building and limited vehicle traffic on the north side of the building. Because it was a site issue the cost was split with HRDC. We waited to approve the removal until we were sure that all of the unknown site related changes and other building related changes were identified so that we could stay under budget on the overall project. 106 The materials testing that is required prior to demolishing a building showed the presence of both asbestos and lead paint. The asbestos was removed and the building was cleared, but the lead paint limited the ability to pulverize all the brick and cinder block which would have reduced the hauling and handling costs. CP #45 covers the cost of demolishing the building, removing all the demolition debris, and filling in the building foundation area and compacting it to the required density for the site. The Building Department conducted their inspection on Thursday, December 9, and issued a temporary occupancy permit. A site walk though with both owners, the architects, and the contractor also occurred on the 9th. A punch list of items that still needs to be addressed was compiled. Vehicle Maintenance staff has started moving their equipment and materials into the building. A change in operation location will start the week of the 13th. UNRESOLVED ISSUES: No issues that are unresolved but a schedule will be developed with the Contractor to address all the punch list items. Based on the discussions we have had with the State, staff believes we have provided all the documentation required to secure the HB 645 grant funding for the project. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The costs associated with the items in this change order will be paid out of the project contingency fund. Through Change Order #18, the current balance for the Pre-Construction Change Orders is $5,465.62. The balance for the 12% Project Contingency Change Order is $45,495.18. The summary of activity for the contingency fund is shown below. Pre-Construction Change Orders $15,650.00 CO #4 Fire Alarm Design ($1,994.50) CO#4 Welding Vent Hood ($5,000.00) CO#5 Hose Bibs ($913.00) CO#5 Utility Separation ($522.50) CO#9 Electrical Panel and Heat Tape ($1,369.10) CO#15 Fire Alarm/Smoke Detector ($385.28) TOTAL Pre–Const CO Balance Remaining $5,465.62 Project Contingency $128,501.70 Change Order #1 HRDC $0 Change Order #2 Asbestos Remediation ($3,294.32) 107 Asbestos Disposal ($1,545.50) ($4,839.82) Chance Order #3 Added Site Work ($2,362.30) Change Order #4 Costs above estimate for Welding Hood (revised) Included in the Pre-Const COs ($2,560.23) Change Order #5 Hose Bibs and Utility Separation costs addressed in Pre-Construction Change Order budget $0 Change Order #6 HRDC $0 Change Order #7 Modify the height of the parts counter and install a sliding glass window between the two work areas. ($1,097.80) Change Order #8 Revise foundation sub-grade preparation due to discover of unstable soils; Replace fill material in clarifiers; Add a second conduit run for phone and data. ($4,897.27) Change Order #9 Electrical panel and heat tape Addressed in the Pre-Construction Change Order budget $0 Change Order #10 Grout plug on clay pipe in storm water tank pit, $980.38; add three steel bollards for building protection $389.82 ($1,370.19) Change Order #11 Add an additional shutoff air valve for the compressed air valve, $424.60; Remove alternate No. 5 for the installation of the skylights, ($12,200.00). $11,775.40 Change Order #12 Additional footing, foundation, and reinforcement based on final building structural analysis. ($6,059.27) Change Order #13 Structural fill for footings, foundation, road and parking areas. ($12,170.40) Change Order #14 Sump and strainer valve ($1,815.55) Unit heater change ($2,167.72) Revised fresh air duct ($3,758.10) Shop ceiling fan ($12,537.92) Rainwater tank slab ($670.48) Sand storage light ($4,168.68) ($25,118.45) 108 Repay from streets for light $4,168.68 Repay from streets for electrical $1,675.00 ($19,274.77) Change Order #15 ADA Shower ($1,112.10) Lift Air Supply ($1,003.20) Recirc Pump 228.00 Impound Lot Road ($3,772.78) Washer Dryer Hook-up ($1,818.41) Revise Ceiling Height ($110.00) Remove Fire Wall $437.39 ($7,151.10) Change Order #16 HRDC $0 Change Order #17 Radiant Manifold $5,608.15 Mechanical Screens ($540.00) Compressor Relocation $804.90 $5,873.05 Change Order #18 old WWTP Building Demo $21,246.50 Non-budget changes Pre-bid items charged to project $5,879.22 Expenditures to Date $83,006.52 Contingency Balance Remaining $45,495.18 Attachments: Change Order Form #18 Change Order Resolution # 4305 Report compiled on: December 10, 2010 109