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HomeMy WebLinkAbout8 Resolution No. 4477, Garbage 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 4477 / Delinquent Garbage Charges MEETING DATE: October 7, 2013 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No. 4477 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 22 accounts listed on schedule A of the attached resolution remain delinquent. BMC 32.02.060 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 15th 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 $3,626.57. ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution 4477 Memo compiled on: September 17, 2013 62 COMMISSION RESOLUTION NO. 4477 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, w hich 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 t he 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, on the 5th day of August 2013, the City Commission of the City of Bozeman adopted Commission Resolution No. 4458, 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. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, State of Montana: 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 63 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. Section 2 This assessment be levied and be billed in October 2013 as are all other special assessments. Section 3 The regular s ession of t he C ommission of t he C ity of B ozeman, M ontana, t o be he ld i n 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., 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 2013, 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 7th day of October, 2013. ____________________________________________ SEAN A. BECKER Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ____________________________________________ GREG SULLIVAN City Attorney 64 Schedule A Owner Service Address Mailing Address City,State Zip Account #Total Due Carl McIntosh 1611 W Koch St #29 1611 W Koch St #29 Bozeman,MT 59715 13097-71940 $210.41 Shirley Hughbanks 1902 S Black Ave #4 1902 S Black Ave #4 Bozeman,MT 59715 23737-73050 $304.50 Robert Banis 1602 N Rouse Ave 1602 N Rouse Ave Bozeman,MT 59715 14895-77510 $304.50 Plush Salon/Heather Maddock 16 N Tracy Ave PO Box 547 Belgrade, MT 59714 37559-100500 $164.95 Theodore & Amanda Koenig 10 S Yellowstone Ave #10 10 S Yellowstone Ave #10 Bozeman, MT 59718 19049-102820 $257.07 Roger Durham 1515 S Black Ave #1 1515 S Black Ave #1 Bozeman, MT 59715 19491-105450 $128.89 Conor Bianchi 4288 Monroe St 4288 Monroe St Bozeman, MT 59718 36977-115860 $174.14 Devon McReynolds 4276 Monroe St #C 4276 Monroe St #C Bozeman, MT 59718 34815-135000 $161.63 Pard Cummings 288 Kimball Ave #B 288 Kimball Ave #B Bozeman, MT 59718 14593-159410 $161.04 Dana Poulin 2953 N 27th Ave #15 2953 N 27th Ave #15 Bozeman, MT 59718 27571-169590 $59.16 Colin O'Neal 417 N Ferguson Ave #D 417 N Ferguson Ave #D Bozeman, MT 59718 33573-204080 $12.80 Bozeman Blitzz Futbol Club, Attn: K Hatcher Bronken Park PO Box 4349 Bozeman, MT 59772 6589 $23.48 Kurk Blunk 4610 Alexander St 202 Graf St Bozeman, MT 59718 7180 $77.00 Christie Wilson 437 N 9th Ave 106 Redwood Dr Bozeman, MT 59718 8149 $210.00 Mt Investment Group 1003 W Villard St 1003 W Villard St Bozeman, MT 59715 8321 $60.00 Integrated Waste Solutions 2305 Catron St 5 Great Valley Parkway Ste 210 Malvern, PA 19355 7943 $858.00 Bruce Wiegland 625 S 19th Ave 10 Gardiner Park Dr Bozeman, MT 59718 8332 $280.00 Danielle & Jonathan Weber 727 Loxley Dr 727 Loxley Dr Bozeman, MT 59718 34043-122540 $32.25 Kevin Nessland 513 N 23rd Ave 411 Mountain Vista Way Kalispell, MT 59901 17125-79190 $24.58 Joseph McKeon Jr 105 Nash Creek Ln PO Box 2010 Bozeman, MT 59771 35273-155210 $91.50 Corvus LLC 308 Golden Valley DR PO Box 604 Bozeman, MT 59771 29785-62080 $22.14 Lauren S McKinsey 1703 W Olive St #12 3175 Graf St #219 Bozeman, MT 59715 13543-74190 $8.53 Total $3,626.57 Delinquent Garbage Accounts 65 City of Bozeman PUBLIC HEARING NOTICE Resolution No. 4477 HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 4477 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. NOTICE IS HEREBY GIVEN, that at a r egular sess ion of the C ommission o f the C ity o f Bozeman held on the 7th day of October 2013, Commission Resolution No. 4477 will be considered and said Resolution, levies and assesses a sp ecial assessment to defray the cost and expense of collecting, removing and disposing of solid waste. That s aid C ommission R esolution N o. 4477 is now on f ile i n t he of fice of the C lerk of t he 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. 4477 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 66 Publish: Wednesday, October 2, 2013 Sunday, October 6, 2013 67