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Home My WebLink AboutResolution No. 4345, Delinquent Garbage, 3rd revisionCommission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Carol Neibauer, Assistant Treasurer Laurae Clark, City Treasurer Chris Kukulski, City Manager SUBJECT: Resolution 4345 / Delinquent Garbage Charges MEETING DATE: October 3, 2011 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No. 4345 BACKGROUND: Letters were sent out in early July on all delinquent accounts notifying the previous and new owners of the delinquent charges outstanding and the process of placing those charges as a lien on the real property should they not be paid. Only the 21 accounts listed on schedule A of the attached resolution remain delinquent. BMC 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 15 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 that have not been paid totaling $2,985.39. ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution 4345 Memo compiled on: September 20, 2011 COMMISSION RESOLUTION NO. 4345 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, on the 7th day of June 2010, the City Commission of the City of Bozeman adopted Commission Resolution No. 4259, 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. Montana: NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, State of 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. 63 Section 2 This assessment be levied and be billed in October 2011 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, 121 N Rouse Ave., in said City on the 3r day of October, 2011, 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 2011, 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. APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 3r day of October, 2011. JEFFREY K. KRAUSS Mayor ATTEST: STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: GREG SULLIVAN City Attorney X Schedule A Owner Vasil P Czorny Jessica Gammon Robert Banis Nathan Pitcher Peter Marron Tobin Beck Eric Livers Chris Fuchs Jason Schwartz Jason Schwartz Scott Horning Alice Vanderlinde Angela Chenier Matthew Smith Cebulla Construction Ryan Kirt Dan Quinn Ron Rieger Strole Construction Mailing Address 1711 W Koch St, Unit 42 1902 S Black Ave, Unit 4 1602 N Rouse Ave 515 Michael Grove Ave Unit 48 515 Michael Grove Ave Unit 56 4233 Monroe St, Unit D 3215 Warbler Way, Unit 5 3091 Fen Way, Unit C 907 Jessie Way 907 Jessie Way 907 E Missoula Ave 3164 Annie St 80 Stafford Ave 140 Village Crossing Way #113 818 Quail Run Rd #A 986 N 15th Ave 3013 S Sterline PO Box 10184 PO Box 1136 Delinquent Garbage Charges City, State Zip Bozeman, MT 59718 Bozeman, MT 59715 Bozeman, MT 59715 Bozeman, MT 59718 Bozeman, MT 59718 Bozeman, MT 59718 Bozeman, MT 59718 Bozeman, MT 59718 Bozeman, MT 59715 Bozeman, MT 59715 Belgrade, MT 59714 Bozeman, MT 59718 Bozeman, MT 59718 Bozeman, MT 59715 Bozeman, MT 59718 Bozeman, MT 59715 Independence, MO 64052 Bozeman, MT 59719 Tioga, ND 58852 Service Address City,State Zip 1711 W Koch St Unit 42 Bozeman, MT 59718 1902 S Black Ave, Unit 4 Bozeman, MT 59715 1602 N Rouse Ave Bozeman, MT 59715 515 Michael Grove Ave Ur Bozeman, MT 59718 515 Michael Grove Ave Ur Bozeman, MT 59718 4233 Monroe St, Unit D Bozeman, MT 59718 3215 Warbler Way, Unit 5 Bozeman, MT 59718 3091 Fen Way, Unit C Bozeman, MT 59718 210 S Church Ave Bozeman, MT 59715 515 S Black Ave Bozeman, MT 59715 2336 Milkhouse Ave Bozeman, MT 59718 3164 Annie St Bozeman, MT 59718 80 Stafford Ave Bozeman, MT 59718 1141 Pin Ave Bozeman, MT 59715 605 Park PI Bozeman, MT 59715 986 N 15th Ave Bozeman, MT 59715 1615 W Beall St. Bozeman, MT 59715 302 S 20th Ave Bozeman, MT 59718 531 Lexingston Dr Bozeman, MT 59715 Account # 13107 -72000 23737 -73050 14895 -77510 27935 - 105480 20907 - 114940 31249 - 175060 31127 - 191790 35801 - 209480 28251 -1420 27671 -3550 31427 - 158080 19805 - 150510 23793 - 115940 32055 - 167700 7529 7545 7607 7718 7643 Total Due $223.84 $238.00 $245.14 $125.61 $126.61 $136.76 $209.97 $167.82 $19.92 $43.32 $45.75 $15.94 $17.15 $17.56 $90.00 $359.00 $75.00 $444.00 $384.00 $2,985.39