HomeMy WebLinkAboutResolution 4404 Delinquent Water and Sewer Charges, Part18.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Carol Neibauer, Assistant Treasurer
Laurae Clark, City Treasurer
Chris Kukulski, City Manager
SUBJECT: Resolution 4404 / Delinquent Water and Sewer Charges
MEETING DATE: September 24, 2012
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4404
BACKGROUND: Letters were sent out prior to July 7, 2012 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. 75% of the accounts
were paid in a timely manner. Only the 17 accounts listed on schedule A of the attached
resolution remain delinquent.
MCA 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
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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.
(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 accrued due to water and sewer usage
totaling $2,697.68 which have not been paid.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution 4404
Memo compiled on: September 6, 2012
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COMMISSION RESOLUTION NO. 4404
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 2012 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, 2012) 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 24th day of September, 2012 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 2012, 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 24th day of September 2012.
__________________________________________
SEAN A. BECKER Mayor ATTEST:
________________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_____________________________________________
GREG SULLIVAN City Attorney
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Schedule A
Current Owner Service Address Mailing Address C City,State Zip Account #Total Due
Frank M Winkler 550 E Babcock St 1032 S Kihei Rd 504B Kihei, HI 96753 35763-84280 $241.58
Barton Churchill 1111 S Willson Ave PO Box 3288 Beverly, MA 01915 21661-9460 $170.78
Levon Carey 608 S 11th Ave 608 S 11th Ave Bozeman, MT 59715 22559-16880 $11.29
Justin Runyon 119 S 8th Ave 119 S 8th Ave Bozeman, MT 59715 26353-14230 $141.14
Suzy Hall & Keith Baumgard 416 W Mendenhall St 5549 Monforton School Rd Bozeman, MT 59718 19935-23560 $277.07
Larry Otnes 205 N Broadway Ave 205 N Broadway Ave Bozeman, MT 59715 6273-33860 $90.11
Sheri Staudinger 317 N Wallace Ave 270 Crawford Cutoff Rd Three Forks, MT 59752 27787-31790 $279.77
Gabriele & Christian Heuer 1210 S Montana Ave 1346 N McCadden Hollywood, CA 90028 28629-48620 $263.54
Legacy Condo Assoc 1600 Ellis St 915 Highland Blvd Bozeman, MT 59715 31069-138520 $311.28
Interstate Bakeries Corp 1525 N Rouse Ave PO Box 696004 San Antonio, TX 78269 24543-52200 $104.30
L & M Partnership 2212 Lea Ave 600 Indian Trail Billings, MT 59105 9547-52890 $110.06
Heather & James Watson 406 E Granite Ave 406 E Granite Ave Bozeman, Mt 59718 23003-760 $61.30
Mike & Kellene Kroeker 4094 Broadwater St 10 Linden Rd Watsonville, CA 95076 26387-117480 $94.02
Tim Cureton 116 Mineral Ave 10 E Transit St Providence, RI 02906 28993-82760 $277.09
Alisha & Ryan Cotterell 3962 Bosal St 3962 Bosal St Bozeman, MT 59718 24983-113090 $77.84
Pam Hepola 2496 Milkhouse Ave 50 E Rivercrest Dr Houston, TX 77042 39525-190240 $61.30
HUD #311210496 4030 Broadwater St 311 Sinclair Rd Bristol, PA 19007 39667-117250 $125.21
Total $2,697.68
Delinquent Water and Sewer Charges
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