HomeMy WebLinkAboutA2. Resolution 4650 Utility Charges
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 4650 / Delinquent Utility Charges
MEETING DATE: October 5, 2015
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4650
BACKGROUND: Letters were sent out prior to July 7, 2015 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 few
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
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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, garbage and
storm water totaling $931.14 which have not been paid.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution 4650
Memo compiled on: September 29, 2015
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COMMISSION RESOLUTION NO. 4650
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 UTILITY 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
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work, including administrative and enforcement costs. Administrative and enforcement costs shall not exceed
$20.00 per delinquency.
Section 3
That this assessment be levied and billed in October 2015 as are all other special assessments.
Section 4
That upon all assessments levied and assessed, simple interest shall be charged at the rate of 10 percent
per year from the date this assessment becomes delinquent (December 1, 2015) to the date the assessment is paid.
Section 5
That the regular session of the Commission of the City of Bozeman, Montana, to be held in the
Commission Room at City Hall, 121 N Rouse Ave, in said City on the 5th day of October, 2015 at 6:00 p.m., and
the same is hereby designated as the time and place at which objections to the final adoption of the Resolution
will be heard by said Commission.
Section 6
That the City Clerk of the City of Bozeman is hereby directed to publish in the Bozeman Daily
Chronicle, a daily newspaper printed and published in said City of Bozeman a Notice signed by the City Clerk,
stating that a Resolution levying and assessing a special assessment to collect delinquent water and sewer charges,
plus the costs and expenses incurred thereby, for providing water and sewer services in the City of Bozeman in
Fiscal Year 2015, against the property of which such service was rendered.
APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof
held on the 5th day of October 2015.
__________________________________________
JEFFREY K. KRAUSS Mayor
ATTEST:
________________________________________
STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
_____________________________________________
GREG SULLIVAN City Attorney
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Schedule A
Owner Service Mailing City Acct Termination Due
Chelan Babineau 810 N Rouse Ave 810 N Rouse Ave Bozeman, MT 59715 51033-29640 4/15/2015 91.60$
Katherine & David Kemp 401 W Story St 401 W Story St Bozeman, MT 59715 27599-13330 3/26/2015 31.61$
Karl Clinton Gerst 2157 Southbridge Dr 2157 Southbridge Dr Bozeman, MT 59718 50593-218180 5/20/2015 159.40$
Flying A Holdings LLC 1345 Windward Ave 1627 W Main St #223 Bozeman, MT 59715 50525-203990 2/24/2015 142.85$
Katie & Zach Bane 1405 Tempest Ct 1315 S Kicking Horse Ln Coeur D'Alene, ID 83814 50683-159810 5/29/2015 13.50$
Tom Shook 2599 Weeping Rock Ln PO Box 20917 Boulder, CO 80308 32855-166050 6/2/2015 297.21$
Erica & Nate Anderson 4876 Vine St 4876 Vine St Bozeman, MT 59718 49363-198460 3/9/2015 27.88$
Jim Kouf 1321 Advance Dr 10061 Riverside Dr Bozeman, MT 59715 50705-198200 6/5/2015 240.14$
Lathasha Albertson-Herberholz 515 Michael Grove Ave #51 515 Michael Grove Ave #51 Bozeman, MT 59718 50701-118670 7/1/2014 18.55$
Total 931.14$
Delinquent Utilty Charges
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Garbage Hangtag Late Charges Sewer Water Reconn Fee Recycling Special Garbage Lift Station Storm Water
18.35$ 1.29$ 30.71$ 29.95$ 9.55$ 1.75$
15.72$ 15.89$
67.60$ 86.32$ 5.48$
27.92$ 1.00$ 1.00$ 55.07$ 54.36$ 3.50$
4.56$ 8.19$ 0.75$
25.00$ 6.00$ 109.54$ 117.99$ 25.00$ 13.68$
27.35$ 0.53$
1.00$ 75.72$ 156.86$ 2.79$ 3.77$
0.60$ 17.95$
28.52$ 26.00$ 8.00$ 328.21$ 466.96$ 25.00$ -$ 17.95$ 3.32$ 27.18$
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