Delinquent Refuse, Sewer etc. accounts
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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.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
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 . ~ ~ ~
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