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HomeMy WebLinkAbout18. Resolution 4560 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 4560 / Delinquent Garbage Charges MEETING DATE: October 6, 2014 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No. 4560 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 one account listed on schedule A of the attached resolution remains 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 $122.00. ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution 4560 Memo compiled on: September 24, 2014 213 COMMISSION RESOLUTION NO. 4560 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, on the 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. Page 1 of 3 214 Resolution 4560, Delinquent Solid Waste 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 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 2014 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 Commission Room at City Hall, 121 N Rouse Ave., in said City on the 6th day of October, 2014 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 2014, 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. Page 2 of 3 215 Resolution 4560, Delinquent Solid Waste APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of October, 2014. ____________________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ____________________________________________ GREG SULLIVAN City Attorney Page 3 of 3 216 Schedule A Current Owner Service Address Mailing Address City, State Zip MR Account #TX Account #Total Due Palm Properties LLC 21 S Hunters Way 1750 Carri Nye Trl Bozeman, MT 59715 8205 146480 $122.00 Total $122.00 Delinquent Special Garbage Charges 217