Topeka council approves liens on delinquent utility/base‑charge accounts after heated public comment

On May 5 the Topeka Governing Body adopted an ordinance authorizing the county to place real‑estate assessments (liens) on property owners with severely delinquent readiness‑to‑serve/base charges and stormwater fees, a move staff said would help collect overdue utility charges while preserving ratepayer equity.

Sylvia Davis, utilities director, told the council the ordinance lists accounts overdue by at least 90 days and that the current list had been reduced to 618 accounts totaling $525,517 through payments, arrangements or changes in ownership. “Since our last discussion, the total list is down to 618 accounts, for a total of $525,517, due to customers making payment, payment arrangement, or a change of ownership,” Davis said, and staff said the county would begin entering assessments on June 1 if the ordinance passed.

The public comment period featured multiple speakers who argued the lien approach would disproportionately harm low‑income residents, nonprofits and neighborhood organizations. Longtime commenter Pat Delap made several legal and equity arguments against the policy, citing examples of meters placed on vacant lots and asking the city to reconsider using the RTS/base‑charge to finance development incentives. “This is a fee that I don't think is justified by state law at all,” Delap said, adding that liens could lead to substantial penalties and interest on tax rolls.

Danielle Twimlow urged the council to reject the ordinance and pursue alternative billing structures used in other cities, such as income‑based water billing or lifeline rate tiers for essential service. “You cannot collect revenue from bills people cannot afford to pay,” she said, urging the city to design a system that allows participation rather than extracting revenue from the most vulnerable.

Council members discussed exemptions, payment plans and the practical effects of liens on vacant properties and heirs. Utilities staff described an assistance program intended to mitigate hardship and said some customers had already worked with staff to remove accounts from the list. After extended debate, the clerk recorded a 6–4 vote to adopt the ordinance; the four no votes were Council members Christina Valdivia Alcala, Ortiz, Banks and Bradbury.

What happens next: Staff said they will provide the corrected assessment list to the county on June 1 and continue accepting payments or payment‑plan requests until then. Council members asked staff to pursue rate‑setting conversations and explore alternate assistance and billing structures in future budget and rate discussions.