The following assessment policies are hereby established to provide for the guidance of the administrative staff in preparing special assessment improvement programs:
(a) New Construction.
(1) New roadway construction, including, but not limited to, pavement, curb and gutter work, sidewalks, drive approaches, signage, storm sewers and appurtenances, earthwork and turf establishment, shall be assessed to the benefiting property owner and/or developer at seventy-five percent of the estimated project cost, including all related project administration costs, with the City charged the remaining twenty-five percent.
(2) Special assessment rolls will be adjusted to reflect actual project costs as defined in Section 216.18.
(3) The owner/developer shall provide a deposit in an amount as required by the following schedule before the project commences. The City will provide the remainder of the initial project funding. Payment of the remaining special assessment amount, minus the deposit, shall be the same as all other projects, as outlined under Section 216.16.
Estimated Project Cost | Minimum Deposit Required (percentage) |
Up to $100,000 | 25 |
$100, 001 - $500, 000 | 20 |
$500,001 or more | 15 |
(b) Replacement Construction. The installation of pavement over a previously unpaved street, or the resurfacing of existing pavement, including any curb and gutter construction and driveway approaches associated with reconstruction, shall be assessed as follows:
(1) The benefiting property owner on each side of the street shall pay not more than one-third of the cost of a standard thirty-two foot residential street with curb and gutter and driveway approaches, and the City shall pay the remaining cost.
(2) The curb and gutter and driveway approaches to be installed or replaced in conjunction with the street improvement program shall be considered as a portion of the pavement program and shall not be listed as a separate cost.
(c) Sidewalks.
(1) The cost for the installation of sidewalks, or the repair or replacement of existing sidewalk located on an existing major street within a Tax Increment Finance Authority (TIFA) District, or on the basis of any other criteria as determined by the City Commission, may be paid 100 percent by the City upon approval by the City Commission.
(2) The cost for the installation or replacement of existing sidewalks not meeting a requirement of the preceding paragraph, but approved by the City Commission for inclusion in the street improvement programs governed by this section, except new construction which shall be governed by subsection (a) hereof, shall be assessed fifty percent to the benefiting property owner and fifty percent shall be paid by the City.
(d) Underground Construction.
(1) New water main construction up to eight inches in diameter and appurtenances, including service mains up to one inch, shall be totally assessed to the benefiting property owner and/or developer in an amount specified by a resolution of the City Commission setting uniform assessment rates. If mains and services larger than those specified in this paragraph are required by the City, construction costs above the standard size, as such costs are determined by the City Engineer, shall be paid from the Water Fund of the City. However, excess construction costs for mains and services that are larger than those required by the City shall be assessed totally to the benefiting property owner/developer.
(2) Sewer main construction up to eight inches in diameter and appurtenances shall be totally assessed to the benefiting property owner and/or developer according to Section 1042.121 of the Streets, Utilities and Public Services Code.
(3) Storm sewer construction shall be assessed as follows:
A. Existing developments. The City's portion shall be 100 percent.
B. New subdivisions. The benefiting property owner and/or developer within the development shall be assessed the total cost of such storm sewers as are required to drain the development.
(e) Single Lot Projects.
(1) The installation or replacement of a sidewalk that is not a part of a street improvement program shall be assessed fifty percent to the benefiting property owner and fifty percent to the City according to Section 216.13. Assessments will be based on the actual construction cost, plus related administration costs.
(2) The replacement of existing drive approaches and/or a curb and gutter that are not a part of a street improvement program shall be assessed 100 percent to the benefiting property owner according to Section 216.13. Assessments will be based on the actual construction cost, plus related administration costs.
(3) The connection of a water service to an existing water main shall be assessed 100 percent to the benefiting property owner according to Section 216.13. Assessments shall be based upon the most current City Commission resolution setting uniform assessment rates.
(f) Developer Requested Replacement Reconstruction. When a Developer has requested the installation of pavement over a previously unpaved street, or the resurfacing of existing pavement, and other necessary normal street improvements in conjunction with the project, the following policies are established, and it shall be assessed as follows:
(1) The proposed project shall be limited to residential developments.
(2) All of the vacant parcels of land located within the residential development that are owned by the requesting Developer and which lots will be benefitted by the reconstruction, shall be assessed 100% of the cost, which shall be presumed to enhance the prospect of the sale of the lots and further residential construction within the benefitted development.
(3) Special assessment rolls will be adjusted to reflect actual project costs as defined in Section 216.18.
(4) The City is not required to approve a special assessment to construct the improvement petitioned for by the Developer.
(g) Procedural Policy.
(1) All property owners within each special assessment district shall receive a letter explaining procedures to be followed in establishing rates for the project, methods of payment and an outline of work to be performed.
(2) Special assessment rates shall be predetermined, presented and levied on a unit cost basis. To determine the appropriate unit cost of a specific special assessment project, the average construction and other related costs for comparable work as experienced in the preceding year or years, and/or the best available estimates, including construction cost index adjustments, as determined by the City, shall be utilized.
(3) Adjustments to special assessment rates for side lot lines, intersections and other than normal lot frontages shall be determined by the City Engineer in consultation with the City Assessor.
(4) The project cost to be borne by the benefiting property owner shall be based upon the current estimate of construction costs and limited to a reasonable proportionality between the amount assessed and the value of the benefits accruing to the land.
(Ord. 6-88. Passed 6-21-88; Ord. 13-2018. Passed 11-13-18.)