HomeMy WebLinkAbout12-10-07_Approve Resolution No_4084,Certifying Delin11432_14
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Deanna Shannon, SID/City Assessment Clerk and
Chris Kukulski, City Manager
SUBJECT: Certification of Delinquent City Assessments to the County
MEETING DATE: December 10, 2007
BACKGROUND: MCA 7-6-4182, 7-6-4183 and 7-6-4423. The city or town may provide
by ordinance for the collection by its city treasurer or town clerk of all special assessments and
taxes levied and assessed in accordance with any of the provisions of part 42 and this part in the
same manner and at the same time as taxes for general, municipal, and administrative purposes
are collected by the county treasurer. All of the provisions of 7-6-4423 apply to the collection of
the special taxes and assessments in the same manner as the provisions apply to the collection of
other city or town taxes. Delinquent special assessments must be certified to the county clerk of
the county in which the city or town is situated. The county treasurer shall collect the delinquent
special assessments and taxes in the same manner and at the same time that taxes for general,
municipal, and administrative purposes are collected.
RECOMMENDATION: Approve the Certification of Delinquent City Assessments as
submitted.
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FISCAL EFFECTS: None
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_________________________________ ______________________________
Deanna Shannon, SID/City Assessment Clerk Chris A. Kukulski, City Manager
Attachments: Certification of Delinquent City Assessments Schedule “A”
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COMMISSION RESOLUTION NO.4084
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT
INSTALLMENTS DUE AND PAYABLE NOVEMBER 30, 2007, AND UNPAID AS OF
THAT DATE, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA
CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE
BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO
CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR
COLLECTION.
WHEREAS, pursuant to Chapters 2.32 and 3.04 of the Bozeman Municipal Code, the Director of
Finance has prepared and filed with the Commission of the City of Bozeman, attached hereto, a report
entitled Schedule "A", describing the lot or parcel subject to the assessments, the name and address of
persons assessed, showing all annual and semi-annual special assessments due and payable November
30, 2007, and unpaid as of that date, and the amount due thereunder, with penalty; and
WHEREAS, pursuant to Sections 7-6-4423 and 7-12-4188, M.C.A., the City Commission of the
City of Bozeman deems it necessary and proper, in order to protect the interests of the residents of the City
of Bozeman and the bondholders of the respective Special Improvement District bonds, to declare all annual
and semi-annual special assessments due and payable by 5:00 p.m. on November 30, 2007, and unpaid as
of that date, delinquent and to certify the same to the Gallatin County Treasurer for collection as other
delinquent taxes, and the property and/or properties may be sold the same as other property is sold for
taxes.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1. That all annual and semi-annual special assessments and installments of special
assessments, due and payable November 30, 2007, and unpaid as of that date, as set forth in Schedule "A"
hereto attached, and made a part hereof, are hereby declared delinquent.
Section 2. That the Director of Finance is hereby directed to certify all annual and semi-annual
special assessments and installments of special assessments delinquent, with penalty, as herein provided,
and as shown by Schedule "A", to the County Treasurer of Gallatin County for collection as other delinquent
taxes.
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Section 3. That within ten (10) days from and after the filing of said certificate, the Director of
Finance shall publish in one issue of the Bozeman Daily Chronicle, Notice as provided by Chapter 3.04 of
the Bozeman Municipal Code.
Section 4. That the County Treasurer shall proceed with the collection of all annual and semi-
annual special assessments or installments of special assessments, as set forth in Schedule "A", that the
same shall be spread upon the delinquent tax list of the County of Gallatin for the Year 2007, and the same
shall be collected as other delinquent taxes; and that in the case the same are paid, collection shall be made
by the County Treasurer of Gallatin County, as provided by Sections 7-12-4181 and 7-12-4183, M.C.A., and
that in the case the same are not paid, the whole property shall be sold as in the case of other properties
sold for non-payment of taxes.
Section 5. That the Director of Finance, under the direction of the City Manager, shall attend at
the time and place for sale of the property for delinquent taxes, as provided by Chapter 3.04 of the Bozeman
Municipal Code.
Section 6. That a copy of this Resolution, together with Schedule "A" attached hereto and made a
part hereof, shall on or before the 14th day of December 2007 be filed with the County Clerk and Recorder
and the County Treasurer of Gallatin County.
Section 7. That, pursuant to Chapters 2.32 and 3.04 of the Bozeman Municipal Code, attached
hereto and made a part hereof, shall be a certificate of the Director of Finance.
ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof
held on the 10th day of December 2007.
__________________________________________
JEFF KRAUSS, Mayor
ATTEST:
______________________________________
STACY ULMEN
City Clerk
APPROVED AS TO FORM:
______________________________________
PAUL J. LUWE
City Attorney
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CERTIFICATE OF DIRECTOR OF FINANCE
I, Anna Rosenberry, duly appointed, qualified and acting as Director of Finance of the City of
Bozeman, Montana, do hereby certify that the attached schedule marked Schedule "A" and made a part of
Commission Resolution No. 4084 is a true and correct list of all annual and semi-annual delinquent special
assessments and subsequent installments of special assessments due and owing the City of Bozeman as of
November 30, 2007, at 5:00 p.m.
That this certification and Schedule "A" attached hereto are made pursuant to and in conformance
with Chapter 2.32 and 3.04 of the Bozeman Municipal Code of the City of Bozeman, Montana.
IN WITNESS WHEREOF, I hereunto set my hand this 10th day of December 2007.
_________________________________________
ANNA ROSENBERRY
Director of Finance
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NOTICE
NOTICE IS HEREBY GIVEN by the Director of Finance for the City of Bozeman, Montana, that
she has certified to the Treasurer of Gallatin County a list of all property and of the persons assessed for
delinquent taxes and assessments which will be sold at public auction by the Gallatin County Treasurer
unless re-instated prior to such auction by paying all delinquent taxes, together with interest, penalties and
costs incurred.
A list of all delinquent properties and persons assessed is on file and subject to public inspection
in the offices of the Gallatin County Treasurer, Gallatin County Courthouse, 311 West Main Street, and the
Director of Finance for the City of Bozeman, 411 East Main Street, Bozeman, Montana.
DATED this 10th day of December 2007.
__________________________________________
ANNA ROSENBERRY
Director of Finance
City of Bozeman
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