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Sewer chgs, delinquent, liensMEMORANDUM November 27, 2002 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Delinquent Sewer Charges Finance Director Ken TeKippe is recommending submission of the delinquent sewer accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Kenneth J. TeKippe, Finance Director DATE:NOVEMBER 27, 2002 CITY OF DUBUQUE, IOWA MEMORANDUM TO:MICHAEL VAN MILLIGEN, CITY MANAGER FROM:KEN TEKIPPE, FINANCE DIRECTOR SUBJECT:DELINQUENT SEWER CHARGES INTRODUCTION The purpose of this memorandum is to request City Council authorization for the attached resolution to submit delinquent sewer accounts to the Dubuque County Treasurer to establish real property liens for collection of such past due accounts. BACKROUND Section 44-83 of the Code of Ordinances authorizes the City to levy and collect just and equitable charges, rates or rentals upon all lots, parcels of real estate and buildings that are connected directly or indirectly with the sanitary sewer system Section 44-86 of the Code of Ordinances provides that the City shall have a lien upon the real property served by the sanitary system for delinquent rotes and charges. The Code further provides for the preparation of a resolution assessing the delinquent sewer charges to the benefited properties and authorizing the City Clerk to certify, as of December 31st of each year, a delinquent list to the Dubuque County Treasurer for collection with, and in the same manner as, general property taxes. I have reviewed the delinquent sewer accounts and have undertaken efforts to receive payment. Collection efforts have resulted in the collection of numerous delinquent accounts, however, the attached serviced accounts have refused to remit the past due sewer charge payments. RECOMMENDATION It is recommended that the delinquem sewer accounts identified in the attached resolution be certified to the Dubuque County Treasurer for collection with, and in the same manner as, general property taxes. RESOLUTION NO. 631-02 RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT SEWER ACCOUNTS IN ACCORDANCE WITH SECTION 44-83 AND 44-86 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, Section 44-83 of the Code of Ordinances authorizes the City to levy and collect just and equitable charges, rotes or rentals upon all lots, parcels or real estate and buildings that are connected directly or indirectly with the sanitary sewer system; and Whereas, Section 44-86 of the Code of Ordinances provides that the City shall have a lien upon the real property served by the sanitary sewer system for all delinquent rotes and charges; Whereas, delinquent sewer charges shall be certified as December 31a of each year by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as, general property taxes. NOW TItEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons herelnat~er named, owning the following descn'bed property, have unpaid sewer charges in the amount set out and that said charges are delinquent. NAME AND ADDRESS Michael J. Schetgen 3922 Inwood Av PROPERTYDESCRIPTION 10'12-181-001 Lot 53 & 54 Oneills North Dub Add AMOUNT $498.27 J Foht 10-12-358-007 $599.08 723 Peru Rd Lot 20 Maple Leaf Add #2 Ricky J Hurst 3975 Inwood Av Gary Bemhard 1100 Roosevelt St 10-12-177-005 Lot 39 & 40 Oneills North Dub Add 10-12-201-003 Lot 4 Wersinger Sub 10-11-378-003 Lot 9 Blk 1 Olympic Hgts 15-02-229-001 Lot 1-1-1-2-1-1-1-1-1-1-1 of Min Lot 499 Vincent Ehrlich 333 Olympic Hgts Rd Joe R Bitter 1460 Miller Rd $435.17 $600.08 $1869.15 $113.34 Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named herein are delinquent in the payment of sewer charges in the amounts se{ forth above and that said delinquent sewer charges shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the name of the property owner. Section 3. That the delinquent sewer charges shall be collected with, and in the same manner as, general property taxes as provided by law. Passed, approved and adopted this 2nd day of December 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk