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HomeMy WebLinkAboutH3 delinquent sewer Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Deanna Shannon, Special Assessment/SID Accounting Clerk Chris Kukulski, City Manager SUBJECT: Resolution 3960 / Assessment for Delinquent Sewer Charges MEETING DATE: September 25, 2006 BACKGROUND: The attached resolution, Resolution 3960, MCA 7-13-4309 Procedure to collect sewer or water charges. RECOMMENDATION: Adopt Commission Resolution No. 3960. FISCAL EFFECTS: None ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, ___________________________________ __________________________________ Deanna Shannon Chris A. Kukulski, City Manager Special Assessment/SID Accounting Clerk Attachment: Commission Resolution No. 3960 COMMISSION RESOLUTION NO. 3960 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 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 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 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 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 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 2006 as are all other special assessments. 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, 2006) 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 Community Room in the Gallatin County Courthouse in said City on the 25th day of September 2006, 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 sewer charges, plus the costs and expenses incurred thereby, for providing sewer services in the City of Bozeman in Fiscal Year 2006, against the property of which such service was rendered, is on file in the office of the City Clerk subject to inspection for a period of ten (10) days; 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, and, that said Notice shall be published at least ten (10) days before the date set by the Commission for hearing of objections and the final adoption of this Resolution. - 3 - FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the __25th_ day of September 2006. __________________________________________ JEFF KRAUSS, Mayor ATTEST: ____________________________________ BRIT FONTENOT, City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney N O T I C E HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 3960 LEVYING A SPECIAL ASSESSMENT TO COLLECT DELINQUENT SEWER CHARGES PLUS THE COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN IN FISCAL YEAR 2006 AGAINST PROPERTY IN THE CITY OF BOZEMAN TO WHICH SEWER SERVICE WAS RENDERED. NOTICE IS HEREBY GIVEN that a regular session of the Commission of the City of Bozeman will be held on the 25th day of September 2006, Commission Resolution No. 3960 shall be passed and adopted; that said Resolution levies and assesses a special assessment to collect delinquent sewer charges in the City of Bozeman for the Fiscal Year 2006, upon all property to which such service was rendered. That said Commission Resolution No. 3960 is now on file in the office of the City Clerk of the City of Bozeman, subject to inspection of all persons interested, for a period of ten (10) days; that Monday, the 25th of September 2006, at 6:00 p.m. of said day at a regular session of the Commission of the City of Bozeman, in the Community Room, in the Gallatin County Courthouse, 311 West Main Street, 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. 3960 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 made and filed with the City Clerk within ten (10) days limit as provided by law. DATED this 25th day of September 2006. __________________________________________ BRIT FONTENOT City Clerk Publish: Wednesday, September 6, 2006 Wednesday, September 13, 2006 Schedule "A"DELINQUENT SEWER CHARGESFY07Account #Old OwnerNew OwnerProperty AddressAmount Due1831-9200Mary E GreeneBarbara Hantsman1711 S Willson Ave68.67$ 21359-30390Zach BethkeMatthew Jasperson318 N Rouse Ave21.68$ 26833-147040Nick BergstromDan Aughney818 Matheson Way3.78$ 26833-147050Nick BergstromDan Aughney824 Matheson Way3.78$ 21281-78030Phillip LeavellJohn Griffin738 Aster Ave12.73$ 12111-57230Gerald BjergoStacy Hickman116 Michael Grove Ave15.28$ 20015-106760Kathryn BrastedRandy & Marcy Griffith22 Meriwether Ave14.59$ 20893-109120Cody & Brooke CrawfordCody & Kim Steven102 Sanders Ave17.86$ TOTAL158.37$