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HomeMy WebLinkAbout19. Resolution 4561 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 4561 / Delinquent Water and Sewer Charges MEETING DATE: October 6, 2014 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No. 4561 BACKGROUND: Letters were sent out prior to July 7, 2014 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. 96% of the accounts were paid in a timely manner. Only the two accounts listed on schedule A of the attached resolution remain delinquent. MCA 7-13-4309. Procedure to collect sewer or water charges. (1) Sewer or water charges must be collected by the treasurer. (2) On or before July 7 of each year, notice must be given by the city treasurer or town clerk to the owners of all lots or parcels of real estate to which sewer or water service has been furnished prior to July 1 by the city or town. The notice must specify the assessment owing and in arrears at the time of giving notice. The notice must be in writing and must state the amount of arrearage, including any penalty and interest assessed pursuant to the provisions of the city or town ordinance, and that unless the amount is paid within 30 days of the notice, the amount will be levied as a tax against the lot or parcel of real estate to which sewer or water service was furnished and for which payment is delinquent. The notice must also state that the city or town may by suit collect past-due assessments, interest, and penalties, as a debt owing the city or town, in any court of competent jurisdiction, including city court. The notice may be delivered to 218 the owner personally or by letter addressed to the owner at the post-office address of the owner as shown in property tax records maintained by the department of revenue. (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. (4) A city or town may, in addition to pursuing the collection of assessments in the same manner as a tax, bring suit in any court of competent jurisdiction, including city court, to collect the amount due and owing, including penalties and interest, as a debt owing the city or town. FISCAL EFFECTS: Recover the charges that have accrued due to water, sewer and storm water totaling $2,193.39 which have not been paid. ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution 4561 Memo compiled on: September 24, 2014 219 COMMISSION RESOLUTION NO. 4561 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. Section 2 That the fee for providing water and sewer service in the City of Bozeman shall be the cost of such Page 1 of 2 220 Resolution 4561, Delinquent Water and Sewer Charges 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 2014 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, 2014) 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 Commission Room at City Hall, 121 N Rouse Ave, in said City on the 6th day of October, 2014 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 water and sewer services in the City of Bozeman in Fiscal Year 2014, against the property of which such service was rendered. 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 2 of 2 221 Schedule A Current Owner Service Address Mailing Address City, State Zip CX Account #TX Account #Termination Date Total Due Lyman Bennett 1659 S Black Ave PO Box 337 Virginia City, MT 59755 7411-39940 39940 4/18/2014 $1,829.37 Fuddruckers 2905 W Main ST 74 W Clara Ct Bozeman, MT 59718 12401-69570 69570 6/16/2014 $364.02 Total $2,193.39 Delinquent Water, Sewer and Stormwater Charges 222