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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Deanna Shannon, Special Assessment/SID Accounting Clerk
Chris Kukulski, City Manager
SUBJECT: Resolution 3961 / Assessment for Delinquent Garbage
MEETING DATE: September 25, 2006
BACKGROUND: The attached resolution, Resolution 3961,
8.16.050 – Costs of collection and disposal-Collection and payment-Solid waste fund.
Bozeman Municipal Code
RECOMMENDATION: Adopt Commission Resolution No. 3961.
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. 3961
COMMISSION RESOLUTION NO. 3961
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, 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
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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.
Section 2
This assessment be levied and be billed in October 2006 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
Community Room in the Gallatin County Courthouse in said City on the 25th day of September 2006, at
6:00 p.m., be 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 2006, 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.
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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. 3961 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 a regular session of the Commission of the City of Bozeman will
be held on the 25th day of September 2006, Commission Resolution No. 3961 shall be passed and
adopted; that said Resolution levies and assesses a special assessment to defray the cost and expense of
collecting, removing and disposing of solid waste in the City of Bozeman in Fiscal Year 2006, upon all
property to which such service was rendered.
That said Commission Resolution No. 3961 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. 3961
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" - ALL DELINQUENT GARBAGE CHARGES FOR FY07INACTIVE DELINQUENT GARBAGE CHARGESFY07Account #New OwnerOld OwnerProperty AddressAmount Due21359-30390Matthew JespersonZach Bethke318 N Rouse Ave14.98$ 21281-78030John GriffinPhIllip Leavell738 Aster Ave11.66$ 20015-106760Randy & Marcy GriffithKathryn Brasted22 Meriwether Ave21.56$ 20893-109120Cody & Kim StevenCody & Brooke Crawford102 Sanders Ave17.86$ TOTAL OF INACTIVEGARBAGE 66.06$ ACTIVE DELINQUENT GARBAGE CHARGESFY07Account #OwnerProperty AddressAmount Due23737-73050Jessica Gammon1902 S Black Ave Unit 4148.13$ 13427-73580Maxine Lowis108 S Yellowstone Ave Unit 359.40$ 21219-73860S Charles, Jean & Chris Giesey213 Pondera Ave Unit 1108.23$ 14895-77510Robert Banis1602 N Rouse Ave179.79$ 20727-112170Louise E Ogle Trust24 W Short St180.79$ 22599-125710Linda Thompson2775 Marlyn Ct Unit 184.54$ 23281-134160Thomas Nygard133 E Main St Unit B130.58$ 25201-156650Warren Findley2827 N 27th Ave Unit 1167.42$ TOTAL OF ACTIVE GARBAGE1,058.88$ GRAND TOTAL OF DELINQUENT GARBAGE1,124.94$