§ 94.02 ASSESSMENT POLICIES APPLICABLE TO ALL IMPROVEMENTS.
   (A)   Improvements for construction of water distribution lines, sewage lines, storm drainage, curb and gutter, street improvements, sidewalks, lighting, or other assessment improvements may be undertaken upon City Council initiation or petition of the affected property owners. The City Council shall, by resolution, determine whether or not the petition has been signed by the required percentage of owners of the property affected by such petition.
   (B)   Where an improvement is of special benefit to properties in a definable area, it is the intent to levy special assessments on the benefitted properties. Improvement costs shall, whenever possible, be assessed in full against the benefitted property, thereby keeping the improvement costs chargeable to the city to a minimum. The following general principles shall be used as a basis of the city’s assessment policy:
      (1)   The project cost of an improvement shall be deemed to include the costs of all necessary construction work required to accomplish the improvement, plus engineering, legal, administrative, financing, rights-of-way, and other contingent costs;
      (2)   Where the project cost of an improvement is not entirely attributable to the need for service to the area served by the improvement, or where unusual conditions beyond the control of the owners of the property in the area served by the improvement would result in an inequitable distribution of special assessments, the city, through the use of other funds, may pay such city costs which, in the opinion of the City Council, represents the excess cost not directly attributable to the area served;
      (3)   If financial assistance is received from the federal government, from the State of Minnesota, or from any other source to defray a portion of the costs of a given improvement, the aid will be used first to reduce the city cost of the improvement. If the financial assistance received is greater than the normal city cost, the remainder of the aid will be used to reduce the special assessments against the benefitting properties, with such reduction to be applied on a pro rata basis;
      (4)   The assessable cost of an improvement shall be defined as being those costs which, in the opinion of the City Council, are attributable to the need for service in the area served by the improvement. The assessable cost shall be equal to the project cost of the current project as defined above, minus city cost as defined above, minus other financial assistance credited as above described;
      (5)   City-owned properties, including municipal building sites, parks, and playgrounds, but not including public streets and alleys, shall be regarded as being assessable on the same basis as if such property was privately owned;
      (6)   Assessments may be spread over such period of time as the Council shall approve; and
      (7)   In the event the literal application of the provisions outlined herein would result in an inequitable distribution of special assessments, the City Council reserves the right to adjust the policy so as to achieve a more equitable distribution.
(Prior Code, § 94.02) (Ord. 206, passed 4-14-1997)