Delinquent Stormwater Acc'ts as Liens
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MEMORANDUM
December 12, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Delinquent Stormwater Management Accounts
Finance Director Ken TeKippe is recommending submission of the delinquent
stormwater 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.
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Michael C. Van Milligen _.
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Ken TeKippe, Finance Director
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Memorandum
TO: Michael C. Van Milligen, City Manager
FROM: Ken TeKippe, Finance Director ~ ~ ''tc#tf
SUBJECT: Delinquent Stormwater Management Accounts
DATE: December 5,2005
INTRODUCTION
The purpose of this memorandum is to request City council authorization for the
attached resolution to submit delinquent stormwater 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 stormwater 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
stormwater management charges to the benefited properties and authorizing the City
Clerk to certify, as of December 31 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 stormwater 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 stormwater management charge payments.
RECOMMENDATION
It is recommended that the delinquent stormwater 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.
ACTION STEP
The Action Step is for the City Council to adopt the attached resolution authorizing the
City Clerk to certify the delinquent stormwater management accounts to the Dubuque
County Treasurer.
RESOLUTION NO. 542-05
RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT
STORMWATER 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
stormwater 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 stormwater management charges shall be certified
as of December 31 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 stormwater 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 $20.94
3922 Inwood Ave. Lot 53 & 54 Oneills North Dub Add
J Foht 10-12-358-007 $22.50
723 Peru Rd. Lot 20 Maple Leaf Add #2
Ricky J Hurst 10-12-177 -005 $21.55
3975 Inwood Ave. Lot 39 & 40 Oneills North Dub Add
Gary Bernhard 10-12-201-003 $20.76
1100 Roosevelt St. Lot 4 Wersinger Sub
Gary Bernhard 10-12-201-003 $23.03
1110 Roosevelt St. Lot 4 Wersinger Sub
Mark Krolich 10-12-356-004 $21.79
743 Louise St. Lots 74 & 75 Maple Leaf Add #2
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 stormwater management charges
in the amounts set forth above and that said delinquent stormwater 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 stormwater management charges shall be
collected with, and in the same manner as, general property taxes as provided by
law.
Passed, approved and adopted this 19th day of December 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC
City Clerk