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Delinquent Garbage & Refuse Acc'ts - Lien ~\ D~~~E ~<!k-~ MEMORANDUM December 12, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Delinquent Garbage and Refuse Collection Accounts Finance Director Ken TeKippe is recommending submission of the delinquent garbage and refuse 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. ()1iv/ (~/~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Ken TeKippe, Finance Director ~'-', -'7 , . i5~~~E ~c/k.~ Memorandum TO: Michael C. Van Milligen, City Manager FROM: Ken TeKippe, Finance Director ~ (/~~ SUBJECT: Delinquent Garbage and Refuse Collection Accounts DATE: December 5, 2005 INTRODUCTION The purpose of this memorandum is to request City council authorization for the attached resolution to submit delinquent garbage and refuse collection accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. BACKROUND Section 40-37 of the Code of Ordinances provides that city garbage and refuse collection for residential premises shall be mandatory. Section 40-38 (d) provides that the City shall have a lien against the property benefited or served and shall be collected in the same manner as general property taxes. The code further provides that the City Clerk shall certify to the County Treasurer, as of December 31 of each year, such delinquent accounts in order to establish these amounts as real property liens for collection with and in the same manner as general property taxes. I have reviewed the delinquent garbage and refuse collection accounts and have undertaken efforts to receive payment. Collection efforts have resulted in collection of numerous delinquent accounts; however, the attached serviced accounts have refused to remit the past due garbage and refuse collection charges. RECOMMENDATION It is recommended that the delinquent garbage and refuse collection 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 garbage and refuse collection account to the Dubuque County Treasurer. ~ RESOLUTION NO. 544-05 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT GARBAGE AND REFUSE COLLECTION ACCOUNTS IN ACCORDANCE WITH SECTION 40-37 AND 40-38 (d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, City garbage and refuse collection from residential premises, as defined in the Code of Ordinances of the City of Dubuque, Iowa, is mandatory; and Whereas, as of December 31 of each year, delinquent garbage and refuse collection charges shall be certified 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 named hereinafter, owning the property thereby set forth, are delinquent in the payment of refuse collection NAME AND ADDRESS PROPERTY DESCRIPTION AMOUNT Gary Bernhard 10-12-201-003 $134.21 1110 Roosevelt St. Lot 4 Wersinger Sub Mark Krolich 1 0-12 -356-004 $127.02 743 Louise St. Lots 74 & 75 Maple Leaf Add #2 Michael J. Schetgen 10-12-181-001 $122.06 3922 Inwood Ave. Lot 53 & 54 Oneills North Dub Add J Foht 10-12-358-007 $131.14 723 Peru Rd. Lot 20 Maple Leaf Add #2 Ricky J Hurst 10-12-177-005 $125.63 3975 Inwood Ave. Lot 39 & 40 Oneills North Dub Add Gary Bernhard 10-12-201-003 $121.02 1100 Roosevelt St. Lot 4 Wersinger Sub 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 hereinbefore are delinquent in the payment of refuse collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 19th day of December 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk