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HomeMy WebLinkAboutResolution 4561 Delinquent Water and Sewer Charges CO.ro�Kt2t 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 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 6"' 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 6"'day of October 2014. S 0 ' F K.KRAUSS yor ATT STAGY; L c city C rk'e 1 .83 ,.•.sue. fair *co �10� APPROVED AS FORM: GRE LLIVAN City Attorney Page 2 of 2 Schedule A Delinquent Water, Sewer and Stormwater Charges 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 PUBLIC HEARING NOTICE HEARING ON FINAL ADOPTION OF 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. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman held on the 6th day of October 2014, Commission Resolution No. 4561 will be considered and said Resolution, levies and assesses a special assessment to collect delinquent water and sewer charges plus costs and expenses incurred by the City of Bozeman. That said Commission Resolution No. 4561 is now on file in the office of the Clerk of the Commission of the City of Bozeman, subject to inspection of all persons interested, for a period of five (5) days; that Monday, the 6th of October 2014, at 6:00 p.m. of said day at a regular session of the Commission of the City of Bozeman, in the Commission Room, at City Hall, 121 N Rouse Ave, 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. 4561 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 241" day of September, 2014. STACY ULMEN, CMC CITY CLERK Publish: Sunday, September 28, 2014 Wednesday, October 1, 2014