Council recognizes that the annexation of Township areas may result in the City becoming responsible for the provision of public works, such as streets, curbs and sidewalks, storm and sanitary sewers and water services, etc., which may be nonexistent or below minimum City standards and which will require future replacement or improvement. The replacement or provision of the above public improvements will require Council to, at times, assess those property owners who receive a benefit from such improvements. Council recognizes the financial burden which such assessments create on property owners and will strive to keep such assessments to a minimum. However, the utilization of assessments to recoup the costs of public improvements benefiting newly annexed properties is both equitable and necessary due to a majority of all existing City property owners having personally absorbed similar costs of public improvements. In light of the above, Council has established the following general assessment policy and specific criteria for public improvements in newly annexed areas:
(a) The City Government will initiate no public improvement project unless the public health, safety or welfare necessitates said improvement and/or a majority of the residents of an area petition or request Council to make such improvements.
(b) The City will make every reasonable effort to qualify any contemplated public improvement project for County, State and Federal assistance. Applications for intergovernmental assistance for projects will be determined by Council on a priority basis after review of community needs and project eligibility.
(c) That portion of public improvement project costs not covered through intergovernmental assistance will be distributed as follows:
(1) The City will pay all administrative and engineering costs and the costs of improvements made on public property and all intersections on public thoroughfares.
(2) The remaining public improvement costs will be prorated among the property owners deriving benefit from said improvement and paid by special assessment. The special assessment will be determined either on a front-footage basis or by district, depending on which method is more appropriate for said improvement. The question of whether or not to assess for a public improvement, the method of assessment and the amount and duration of the assessment, will be determined by Council after holding public hearings for affected property owners.
(3) In the case of front-footage assessments, if the front property footage exceeds 200 feet, the assessment shall be applied only to the developed portion of the frontage, or 200 feet, whichever is greater. The remainder of the assessment shall be applied and be paid at the time the property is developed. The exception to this section is curb and sidewalk improvements on non-agriculturally zoned property, which shall be fully assessed.
(4) In the case of assessment by district, the -assessment shall be applied based upon the percentage of use or general benefit derived by the property owner from said improvement.
(5) In no case will a property owner's total assessment be greater than one-third the value of the developed property.
(d) Any property owner receiving an assessment will have the option of paying the entire assessment in a single payment or having the assessment, plus interest, paid through installments along with property taxes over a period of time to be determined by Council.
(Res. 95-R-06. Passed 2-20-95.)