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Delinquent Refuse_Sewer_Stormwater AccountsTHE CITY OF ~ Dubuque -~ DUB E "'~ i r Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Delinquent Refuse, Sewer and Stormwater Collection Accounts DATE: December 10, 2007 Finance Director Ken TeKippe is recommending submission of the 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. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Ken TeKippe, Finance Director THE CTTY OF DUB E ~-~~ MEMORANDUM TO: Michael C. Van Milligen, City Manager FROM: Ken TeKippe, Finance Director j~ ~ ~ i~ SUBJECT: Delinquent Refuse, Sewer and stormwater Collection Accounts DATE: December 10, 2007 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. BACKGROUND 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. 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. 13T" 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 1st 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 Refuse, Sewer 8 Stormwater Accounts to County Treasurer December 2007 Name and Address Property Description Totals Bernhard, Gary 10-12-201-003 $ 268.18 1110 Roosevelt St Lot 4 Wersinger Sub Dubuque,lA 52001-8334 Bernhard, Gary 10-12-201-003 $ 709.70 1100 Roosevelt St Lot 4 Wersinger sub Dubuque, IA 52001-8652 Krolich, Mark 10-12-356-004 $ 231.92 743 Louise St Lots 74 & 75 Maple Leaf Add #2 Dubuque, IA 52001-1281 Foht, J 10-12-358-007 $ 711.78 723 Peru Rd Lot 20 Maple Leaf Add #2 Dubuque, IA 52001-1271 Hurst, Ricky 10-12-177-005 $ 710.58 3975 Inwood Ave Lot 39 & 40 Oneills North Dub Add Dubuque, IA 52001-8652 Schetgen, Michael J 10-12-181-001 $ 709.90 3922 Inwood Ave Lot 53 & 54 Oneills North Dub Add Dubuque, IA 52001-8630 Betts, Michael/Patricia 10-29-451-004 $ 376.47 4955 Old Hwy Rd Lot 1-2-1-1 SW SE Sec Dubuque, IA 52002-9633 Wolfe, Doug 15-01-178-015 $ 215.48 2020 Rockdale Rd Lot 1 Jeanette Sweeney Place Dubuque, IA 52003-8057 Merfeld, Merlin 10-00-800-063 $ 352.24 380 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 $ 742.15 1233 Miller Rd Lot 1 Volk Place Dubuque, IA 52003-8590 City of Dubuque Delinquent Refuse, Sewer & Stormwater Accounts to County Treasurer December 2007 Name and Address Property Description Totals McMullen, Rob J & Vickie L 10-12-1780-001 $ 108.42 3998 Inwood Ave Lot 60 O'Neills North Dub Add Dubuque, IA 52001-8653 Steines, Agnes 10-00-800-040 $ 286.52 2444 W 32"d Bal of Lot 1-1 of Min Lot 382 Dubuque,lA 52001-1506 Schromen, Philip F 10-12-358-005 $ 314.22 713 Peru Rd Lot 18 Maple Leaf Add No 2 Dubuque, IA 52001-1271 Citifinanciallnc 10-26-279-013 $ 761.19 7467 New Ridge Rd Suite 222 Lot 16 T S Nairns Dubuque Hanover, MD 21076 Atkinson, Terry 10-28-401-002 $ 244.81 8279 Kalb Ridge Lot 6 Blk 1 Fischer Heights Peosta, IA 52068-9548 Fountain, Pauline L 10-14-452-008 $ 361.01 302 W Palmer St Apt 1 Lot 56 Burtons Add Cuba City, WI 53807-1353 Strub, Tod M 10-22-403-001 $ 911.27 2096 Broadlawn Rd Lot 12 Blk 4 Hillcrest Park Dubuque, IA 52001-2907 $ 8, 015.84 RESOLUTION NO. 591-07 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT. REFUSE, SEWER AND STORMWATER 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 DIREDTING 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 stormwater collection accounts which Schedule of Assessments was filed in the office of the City Clerk on the 10th day of December, 2007, 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. 13th 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 Treasurer's 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 17th day of December, 2007 Roy D Buol, Mayor Attest: Jeanne F. Schneider, CMC City Clerk