HomeMy WebLinkAboutItem 08May 2, 20
Resol
Proposed
Staff reco
Unpaid W
County A
Overview
The City
to taxes.
charge t
amount
Exhibit A
delinque
ownersh
received
is not ch
Dakota C
The num
certificat
Primary
Accordin
property
personal
contract
provided
At the ti
the prop
“All char
and be a
016
lution Certif
Lighting C
d Action
ommends a
Water, Sani
Auditor to b
w
can minimi
In additio
to cover the
delinquent
A includes p
ent balance
hip will be c
prior to the
arged. Thos
County.
mber of acco
tion process
Pre
Num
Issues to Co
What is th
ng to City A
y is subsequ
l obligation
. Unpaid w
d. If the prop
me the City
perty for the
ges…of any
a first and p
fying Unpai
Charges to th
adoption of
tary Sewer,
e Collected
ze its losses
n to certifyi
e c o s t o f ce
for the perio
properties th
s as of Dec
certified in
e hearing as
se propertie
ounts and am
s last year.
liminary Cer
mber of Acc
onsider
he backgrou
ttorney Rog
uently sold
n to pay th
water bills, h
perty is sold
y provides w
cost of the
y nature now
prior lien fro
id Water, Sa
he County A
the followin
Storm Sew
with Other T
s due to ban
ng the amo
ertification
od of May 2,
hat have ha
cember 31,
October. I
well as with
es will be rem
mount being
rtification
counts
und and not
ger Knutson
or otherwi
e bill unles
however, are
d or the own
water service
water provi
w or hereaft
om the dat
anitary Sewe
Auditor to b
ng motion:
wer and Ass
Taxes.
nkruptcies b
ount delinqu
and interes
, 2016 until
ad a change
2015. Acc
t is anticipa
hin the 30 da
moved from
g certified is
20
$4,23
3
tification pro
n, “If water s
ise transferr
ss the City
e a lien on
nership trans
e to a prope
ided. Minne
ter authoriz
e of such…
I
er, Storm Se
be Collected
Move to ap
sessing Stre
by certifying
uent, the Cit
st at a rate
December 3
e in ownersh
counts whic
ated that a
ays followin
m the final ce
s slightly low
015
32.86
33
ocess of the
service is pr
red, the ne
and owne
the propert
sferred, the
erty the City
esota Statut
ed or requir
…service upo
tem No.___
ewer and As
d with Other
pprove Reso
eet Lighting
g delinquent
ty also colle
of 18% pe
31, 2017.
hip and hav
ch have ha
dditional p
ng the hearin
ertification l
wer than at
2016
$3,981.88
22
accounts b
rovided to p
ew owner d
er have a se
ty to which
lien remains
y has an enf
tes, Section
red by law…
on all prope
______
sessing Stre
r Taxes
olution Certi
Charges to
t utility acco
ects a $35 se
er annum o
ve not paid
d no chang
ayments w
ng when int
ist that is se
this point i
eing certifie
property and
does not ha
eparate ser
the service
s.
forceable lie
514.67 prov
…shall const
erty in this
eet
fying
o the
ounts
ervice
of the
their
ge of
ill be
terest
ent to
n the
ed?
d the
ave a
rvices
e was
en on
vides:
titute
state
subject to taxation as the property of the person from whom such charges and expenses are
by law authorized or required to be collected. No record of such lien shall be deemed
necessary.” The statute’s validity as applied to unpaid utility charges has been upheld. In Re
Sheldahl, Inc. 298 B.R. 874 (Bankr. D. Minn. 2003).
Minnesota Statute, Section 444.075, Subd. 3 further provides: “The governing body may
make the charge a charge against the owner, lessee, occupant, or all of them and may provide
and covenant for certifying unpaid charges to the county auditor with taxes against the
property served for collection as other taxes are collected.” City Code Section 7-5-6-4 also
authorizes the City Council to certify unpaid charges to taxes.
Unpaid utility charges, special assessments and real estate taxes are all liens against the
property. The liens and their enforceability are not impaired by the transfer of ownership.
Current and previous property owners have been notified of the delinquency and
certification process.
Supporting Information
Resolution and Exhibit A
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Jerilyn Erickson, Finance Director
N/A
CITY OF LAKEVILLE
RESOLUTION NO. __________
RESOLUTION CERTIFYING UNPAID WATER, SANITARY SEWER AND STORM
SEWER CHARGES TO THE COUNTY TREASURER/AUDITOR TO BE COLLECTED
WITH OTHER TAXES ON SAID PROPERTY AND ASSESSING UNPAID STREET LIGHT
CHARGES
WHEREAS, City of Lakeville ordinances establish rules, rates and charges for water,
sanitary sewer, storm sewer and street lighting services; and
WHEREAS, Minnesota Statute, Section 444.075, Subd. 3, provides that all delinquent
water, sanitary sewer, and storm sewer charges not paid may be certified to the County
Treasurer/Auditor with the taxes on such property; and
WHEREAS, Minnesota Statute 429.101 and City Code 7-3-5-4 provides that the
operation of street lights may be assessed to benefiting property; and
WHEREAS, an assessment roll has been prepared specifying the amount, which includes
all penalties to be certified against each particular property; and
WHEREAS, Section V of the resolution setting water and sewer rates, states “Accounts
certified to the County Treasurer-Auditor for collection with the subsequent year’s taxes will be
charged a $35.00 service charge plus 18% interest per year.”
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville,
Minnesota that:
1. Assessment No 1344 in the amount of $3,981.88 relating to the certification of
delinquent utility bills is calculated as follows:
Total uncollected amount delinquent 2,293.37$
Service charge 770.00$
Interest 918.51$
Total certified 3,981.88$
The proposed assessment (Exhibit A), a copy of which is attached hereto and made a part
hereof, is hereby accepted and shall constitute a special assessment against the lands
named therein.
The amounts certified shall bear interest from the date of this resolution until December
31, 2017 at the rate of eighteen percent (18%) per annum plus a service charge. The
owner of any property so assessed may, at any time prior to certification of the assessment
to the County Auditor, pay to the City Treasurer the whole of the assessment on such
property including the delinquent assessment administration charge, with interest
accrued to the date of payment, except that no interest shall be charged if the entire
assessment is paid within thirty (30) days from the adoption of this resolution; and he or
she may, at any time thereafter, pay to the City Treasurer the entire amount of the
assessment remaining unpaid, with interest accrued to December 31 of the year in which
such payment is made. Such payment must be made before December 31, 2016, or
interest will be charged through December 31 of the succeeding year. A copy of this
resolution, together with the assessment roll, is to be forwarded to the Dakota County
Treasurer/Auditor for collection with other taxes.
ADOPTED by the Lakeville City Council this 2nd day of May, 2016.
CITY OF LAKEVILLE
___________________________
Matt Little, Mayor
ATTEST:
_____________________________
Charlene Friedges, City Clerk
4/28/2016 City of Lakeville
EXHIBIT A
Assessment #1344
Name Service Address
Account
Status Tax Roll Number
Certification
Balance
Service
Charge
18%
Annual
Interest
Assessment
Amount
JONINE LAUDEN 16515 HAVELOCK WAY Active 223290204070 413.50$ 35.00$ 134.48$ 582.98$
LENNAR 16553 ENGLISH PATH Final 227850101040 198.24$ 35.00$ 69.93$ 303.17$
BARB ELLEFSON 8072 170TH ST W Final 221850102050 100.24$ 35.00$ 40.55$ 175.79$
BILL STALLONE 11354 163RD ST W Final 224165101080 18.55$ 35.00$ 16.06$ 69.61$
BRAD AFFELDT 7749 GRINNELL WAY Final 222760104440 109.83$ 35.00$ 43.43$ 188.26$
BREE MADDOX 16054 EXCEL WAY Final 222086201090 161.75$ 35.00$ 58.99$ 255.74$
CHARMEL SPOHN 7126 205TH ST W Final 227145202010 26.36$ 35.00$ 18.40$ 79.76$
DANIEL FENNEWALD 18581 JASPER WAY Final 224430501050 92.31$ 35.00$ 38.17$ 165.48$
JAMES ROY 17457 HOMESTEAD TR Final 223331201050 150.25$ 35.00$ 55.54$ 240.79$
JASON DECKER 16808 INTERLACHEN BLVD Final 223460303110 105.87$ 35.00$ 42.24$ 183.11$
JAYDEN BEDNAR 16685 GLADIOLA AVE Final 222110003110 14.18$ 35.00$ 14.75$ 63.93$
JENNIFER ROEHL 16854 EMBERS AVE Final 224705106701 70.18$ 35.00$ 31.54$ 136.72$
JON STECKLER 17168 EAGLEVIEW WAY Final 224407615086 72.49$ 35.00$ 32.23$ 139.72$
JULIE GAMBLE 16104 FOLIAGE AVE Final 227590003010 15.77$ 35.00$ 15.22$ 65.99$
LELAND STRACHAN 18089 JUDICIAL WAY N Final 221500101070 87.26$ 35.00$ 36.66$ 158.92$
MESHELL HERRICK 20587 JURA TR Final 224420103070 315.14$ 35.00$ 104.98$ 455.12$
MICHAEL PENNEY 17449 JERSEY WAY Final 222750001210 19.39$ 35.00$ 16.31$ 70.70$
RIGOBERTO NAJERA 17693 ICON TR Final 221960003050 167.20$ 35.00$ 60.63$ 262.83$
ROBERT BOLKE 17084 EASTWOOD AVE Final 224407615111 55.10$ 35.00$ 27.02$ 117.12$
SCOTT RALSTON 6530 174TH ST W Final 221830004010 18.11$ 35.00$ 15.92$ 69.03$
TATE CUMMINS 18230 KERRVILLE TR Final 225850020102 35.00$ 35.00$ 20.99$ 90.99$
TRAVIS EIDE 20168 HOMEFIRE WAY Final 223210002340 46.65$ 35.00$ 24.48$ 106.13$
Total Accounts 22 Totals 2,293.37$ 770.00$ 918.51$ 3,981.88$