HomeMy WebLinkAbout7 Resolution No. 4476, Water and Sewer Charges
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Carol Neibauer, Assistant Treasurer
Laurae Clark, City Treasurer
Anna Rosenberry, Administrative Services Director
SUBJECT: Resolution 4476 / Delinquent Water and Sewer Charges
MEETING DATE: October 7, 2013
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4476
BACKGROUND: Letters were sent out prior to July 7, 2013 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. 80% of the accounts
were paid in a timely manner. Only the 10 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 $4,030.59 which have not been paid.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution 4476
Memo compiled on: September 17, 2013
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COMMISSION RESOLUTION NO. 4476
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 2013 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, 2013) 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 7th day of October, 2013 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 2013, 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 7th day of October 2013.
__________________________________________
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 City,State Zip Account #Total Due
Park Place Partners LLC 1010 E Main St 8105 Alamosa Ln Bozeman, MT 59718 25359-66910 $3,210.12
Josh Gibson 403 N Broadway Ave 403 N Broadway Ave Bozeman, MT 59715 20265-34210 $42.42
Charles & Anne Switzer 509 E Lamme St 5400 Penwell Bridge Rd Belgrade, Mt 59714 30015-31690 $25.74
Danielle & Jonathan Weber 727 Loxley Dr 727 Loxley Dr Bozeman, MT 59718 34043-122540 $103.77
Kevin Nessland 513 N 23rd Ave 411 Mountain Vista Way Kalispell, MT 59901 17125-79190 $153.90
Joseph McKeon Jr 105 Nash Creek Ln PO Box 2010 Bozeman, MT 59771 35273-155210 $181.43
Laurie & Bruce Barnhart 813 Aster Ave 11881 Perry St Westminster, CO 80031 27261-83010 $236.68
Corvus LLC 308 Golden Valley DR PO Box 604 Bozeman, MT 59771 29785-62080 $43.18
Earl Peace/co LRD 108 Mineral Ave PO Box 1073 Bozeman, MT 59771 25367-83450 $33.35
Lauren S McKinsey 1703 W Olive St #12 3175 Graf St #219 Bozeman, MT 59715 13543-74190 $0.00
Total $4,030.59
Delinquent Water and Sewer Charges
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City of Bozeman
PUBLIC HEARING NOTICE
Resolution No. 4476
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 4476, 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. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of
Bozeman held on the 7th day of October 2013, Commission Resolution No. 4476 will be considered and
said Resolution, levies and assesses a special assessment to collect delinquent water and sewer charges
plus costs and expenses incurred by the City of Bozeman.
That said Commission Resolution No. 4476 is now on file in the office of the Clerk of the
Commission of the City of Bozeman, subject to inspection of all persons interested, for a period of five
(5) days; that Monday, the 7th of October 2013, at 6:00 p.m. of said day at a regular session of the
Commission of the City of Bozeman, in the Commission Room, at City Hall, 121 N Rouse Ave, has been
designated as the time and place when and where said Commission will hear and pass upon any and all
objections that may be made to the final passage and adoption of said Commission Resolution No. 4476
and the levying of said assessment; and that said Resolution will be finally passed and adopted at said
regular session of said Commission, subject to such corrections and amendments that may be made upon
objections.
DATED this 30th day of September, 2013.
_______________________________________ STACY ULMEN, CMC
CITY CLERK
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Publish: Wednesday, October 2, 2013
Sunday, October 6, 2013
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