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Home My WebLink About09-24-07 Resolution No 4077 11 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Deanna Shannon, Special Assessment/SID Accounting Clerk Chris Kukulski, City Manager SUBJECT: Resolution 4077 / Assessment for Delinquent Water and Sewer MEETING DATE: September 24, 2007 RECOMMENDATION: Approve Commission Resolution No. 4077. BACKGROUND: The attached resolution assesses property owners who are delinquent in payment of their water and sewer assessments. These amounts will be certified to the County Treasurer for collection with regular property taxes. 7-13-4309. Procedure to collect sewer or water charges. (1) Sewer or water charges must be collected by the treasurer. (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. FISCAL EFFECTS: We will collect $1,142.86 in delinquent water and sewer assessments. 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. 4077 88 COMMISSION RESOLUTION NO. 4077 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. 89 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 2007 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, 2007) 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 24th day of September 2007, 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 sewer services in the City of Bozeman in Fiscal Year 2007, against the property of which such service was rendered. FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th day of September 2007. _________________________________ JEFF KRAUSS Mayor 90 - 3 - ATTEST: _________________________________ STACY ULMEN City Clerk APPROVED AS TO FORM: _________________________________ PAUL J LUWE City Attorney 91 N O T I C E HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 4077 LEVYING A SPECIAL ASSESSMENT TO COLLECT DELINQUENT WATER AND SEWER CHARGES PLUS THE COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN IN FISCAL YEAR 2007 AGAINST PROPERTY IN THE CITY OF BOZEMAN TO WHICH WATER AND SEWER SERVICE WAS RENDERED. NOTICE IS HEREBY GIVEN that Commission Resolution No. 4077 levies and assesses a special assessment to collect delinquent water and sewer charges in the City of Bozeman for the Fiscal Year 2007, upon all property to which such service was rendered. Monday, September 24, 2007 at 6:00 pm of said day at a regular session of the Commission of the City of Bozeman in the Commission Room in the Courthouse Community Room, 311 W 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 passage and adoption of said Commission Resolution No. 4078; 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 19th day of September 2007. _________________________________ STACY ULMEN City Clerk 92 New Owner Property Address Amount Due 28093 1970Liz Allen 204 E Olive St Bozeman, MT 59715 204 E Olive St $57.34 29629 4220David Rosen c/o Michelle Williams 504 S Willson Ave Bozeman, MT 59715 504 S Willson Ave $24.08 29529 16270Donald Stevens or Sandra Keinholz 221 S 12th Ave Bozeman, MT 59715 221 S 12th Ave $15.47 5151 2746North Central Food Systems 18300 Von Darman Ste 720 Irvine, CA 92612 801 W Main St $492.81 27277 20050Erik Nelson 1112 S Willson Ave Bozeman, MT 59715 105 N 8th Ave $155.02 29865 49750John Walton 1217 N Cedarview Dr Bozeman, MT 59715 1217 N Cedarview Dr $109.32 28027 81430Mark Johnston 907 Aster Ave Bozeman, MT 59718 907 Ater Ave $40.52 29157151770Carlos Mansilla 3161 John Deere St Bozeman, MT 59718 3161 John Deere St $78.18 28433 77690Kyle Domin 2623 Daisy Dr Bozeman, MT 59718 2623 Daisy Dr $33.68 22077 62850Randy Heath 404 Stillwater Ave Bozeman, MT 59718 404 Stillwater Ave $136.44 TOTAL $1,142.86 Account #Mailing Address Delinquent Water, Sewer FY07 93