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Delinquent Refuse, Sewer etc. accounts D~~~E ~Yk-~ MEMORANDUM December 12, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Delinquent Refuse, Sewer and Stormwater Collection Accounts Finance Director Ken T eKippe is recommending submission of the delinquent refuse, sewer and storwmater 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. (l1J ~~/l2~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Ken TeKippe, Finance Director D~~~E ~c/k.~ Memorandum TO: Michael C. Van Milligen, City Manager FROM: Ken TeKippe, Finance Director . ~ ~ ~ SUBJECT: Delinquent Refuse, Sewer and Stormwater Collection Accounts DATE: December 11, 2006 INTRODUCTION The purpose of this memorandum is to request City council authorization for the attached resolution to submit delinquent refuse, sewer and stormwater 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 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. 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 rates and charges. 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. I have reviewed the delinquent refuse, sewer and stormwater 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 refuse, sewer and stormwater collection charges. RECOMMENDATION It is recommended that the delinquent refuse, sewer and stormwater 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 refuse, sewer and stormwater collection account to the Dubuque County Treasurer. NOTICE OF FILING OF THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT REFUSE, SEWER AND STORMWATER COLLECTION ACCOUNTS TO THE PROPERTY OWNERS OF THE PROPERTIES SHOWN ON THE ATTACHED SCHEDULE OF ASSESSMENTS: You are hereby notified that the attached Schedule of Assessments has been adopted by the City Council of the City of Dubuque, Iowa, and that said Schedule of Assessments has been filed with the County Treasurer of Dubuque County, Iowa. YOU ARE FURTHER NOTIFIED THAT ASSESSMENTS MAY BE PAID IN FULL OR IN PART WITHOUT INTEREST AT THE OFFICE OF CITY TREASURER, 50 W. 13TH STREET, DUBUQUE, IOWA, 52001, AT ANY TIME WITHIN 30 DAYS AFTER THE DATE OF THIS NOTICE. After 30 days, unpaid special assessments of $100.00 or more are payable in 10 annual installments and will draw annual interest at nine (9) percent computed to December 1st next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 st following its due date on July 1st of each year. Property owners may elect to pay any annual installment semiannually in advance. This Notice given by direction of the city Council of the City of Dubuque, Iowa, as provided in the Code of Iowa. Jeanne F. Schneider, CMC, City Clerk City of Dubuque Delinquent Accounts to County Treasurer Name and Address Properly Description Totals Gary Bernhard 10-12-201-003 $ 209.93 1110 Roosevelt St Lot 4 Wersinger Sub Dubuque, IA 52001-8334 Gary Bernhard 10-12-201-003 $ 581.97 1100 Roosevelt St Lot 4 Wersinger sub Dubuque, IA 52001-8652 Mark Krolich 10-12-356-004 $ 68.63 743 Louise St Lots 74 & 75 Maple Leaf Add #2 Dubuque, IA 52001-1281 J Foht 10-12-358-007 $ 590.32 723 Peru Rd Lot 20 Maple Leaf Add #2 Dubuque, IA 52001-1271 Ricky J Hurst 10-12-177-005 $ 585.79 3975 Inwood Ave Lot 39 & 40 Oneills North Dub Add Dubuque, IA 52001-8652 Michael J Schetgen 10-12-181-001 $ 582.84 3922 Inwood Ave Lot 53 & 54 Oneills North Dub Add Dubuque, IA 52001-8630 Betts, Michael/Patricia 10-29-451-004 $ 633.22 4955 Old Hwy Rd Lot 1-2-1-1 SW SE Sec Dubuque, IA 52002-9633 Wolfe, Doug 15-01-178-015 $ 38003 2020 Rockdale Rd Lot 1 Jeanette Sweeney Place Dubuque, IA 52003-8057 Merfeld, Merlin 10-00-800-063 $ 73.02 380 Cedar Cross Rd Lot 2-2 ML 230 Lot 1-3 ML 232 Lot Dubuque, IA 52003-7727 2 Merfeld Acres Nebel, Eric C 15-02-227-013 $ 938.96 1233 Miller Rd Lot 1 Volk Place Dubuque, IA 52003-8590 Cogan, Donald & Luella 2170 Berry Lane Dubuque, IA 52002-9688 Ward, Stanley & Lou Ann 2177 Sandpiper Lane Dubuque, IA 52002-9678 10-19-353-003 Lot 1-6-1 SW SW Sec 19 T89NR2E Lands Inside $ 65.86 10-19-351-008 Lot 1-4-1 SW SW Sec 19 T89NR2E Lands Inside $ 227.99 $ 4,938.56 RESOLUTION NO. 597 -06 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT REFUSE, SEWER AND STORM WATER COLLECTION ACCOUNTS SPECIFYING THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for delinquent refuse, sewer and storm water collection accounts which Schedule of Assessments was filed in the office of the City Clerk on the 14`h day of December, 2006, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is herby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13"' Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County TreasurePs Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 18th day of December, 2006 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC City Clerk