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Storm Water Delinquent Accts D~ ~~~ MEMORANDUM December 13, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Delinquent Storm Water Management Accounts Finance Director Ken TeKippe is recommending submission of the delinquent storm water management collection 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. AJJ ~jJtL Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Ken TeKippe, Finance Director :' . , , CITY OF DUBUQUE, IOWA MEMORANDUM DATE: DECEMBER 1, 2004 TO: MICHAEL VAN MILLIGEN, CITY MANAGER FROM: KEN TEKIPPE, FINANCE DIRECTOR ~~/~ SUBJECT: DELINQUENT STORM WATER MANAGEMENT ACCOUNTS INTRODUCTION The purpose of this memorandum is to request City council authorization for the attached resolution to submit delinquent storm water management collection accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts BACKROUND Section 44-282 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 storm water management 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 rates and charges. The Code further provides for the preparation of a resolution assessing the delinquent storm water management 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 storm water management 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 storm water management charge payments. RECOMMENDATION It is recommended that the delinquent storm water management 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. 478-04 RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT STORM WATER MANAGEMENT ACCOUNTS IN ACCORDANCE WITH SECTION 44-282 AND 44-86 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, Section 44-282 of the Code of Ordinances authorizes the City to levy and collect just and equitable charges, rates or rentals upon all lots, parcels or real estate and buildings that are connected directly or indirectly with storm water management; 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 rates and charges; and Whereas, delinquent storm water management charges shall be certified as of December 31st 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 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons hereinafter named, owing the following described property, have unpaid storm water management charges in the amount set out and that said charges are delinquent. NAME AND ADDRESS PROPERTY DESCRIPTION AMOUNT Michael J. Schetgen 10-12-181-001 $23.61 3922 Inwood Ave Lot 53 & 54 Oneills North Dub Add J Foht 10-12-358-007 $23.61 723 Peru Rd Lot 20 Maple Leaf Add #2 Ricky J Hurst 10-12-177-005 $23.61 3975 Inwood Ave Lot 39 & 40 Oneills North Dub Add Gary Bernhard 10-12-201-003 $22.62 1100 Roosevelt St Lot 4 Wersinger Sub Gary Bernhard 10-12-201-003 $23.61 1110 Roosevelt St Lot 4 Wersinger Sub Mark Krolich 743 Louise St 10-12-356-004 Lots 74 & 75 Maple Leaf Add #2 $23.61 Max Rettenberger 5210 Old Hwy Road Lot 2-2 SE SW Sec 29 $23.61 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 storm water management charges in the amounts set forth above and that said delinquent storm water management 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 storm water management charges shall be collected with, and in the same manner as, general property taxes as provided by law. Passed, approved and adopted this 20th day of December 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk , j:ð,~.¿>;t(/J->::;;-~./ /~V{/. /.<jeanne F. Schneider . City Clerk