The cost of any work or improvement to be paid in whole or in
part by special assessment on property may include the direct and
indirect cost thereof, the damages occasioned thereby, the interest
on bonds or notes issued in anticipation of the collection of the
assessments, a reasonable charge for the services of the administrative
staff of the City and the cost of any architectural, engineering and
legal services, and any other item of direct or indirect cost which
may reasonably be attributed to the proposed work or improvement.
The amount to be assessed against all property for any such proposed
work or improvement shall be apportioned among the individual parcels
in the manner designated by the Common Council.
If any property deemed benefited shall by reason of any provision
of law be exempt from assessment therefor, such assessment shall be
computed and shall be paid by the City.
If more than a single improvement is undertaken, the Common
Council may combine the assessments as a single assessment on each
property affected, except that the property owner may object to any
one or more of said improvements.
If, after completion or after the receipt of bids, the actual cost of any work or improvement is found to vary materially from the original estimate, or the assessment is void or invalid for any reason, or if the Common Council determines to reconsider an assessment, it is empowered, after giving notice as required in §
15-5, to amend, cancel or confirm any prior assessment; and notice of this amending, canceling or confirming shall be given by the City Clerk as provided in §
15-6 of this article.
If the cost of the work or improvement is less than the assessment
levied, the Common Council without notice or hearing shall reduce
each assessment proportionately. If the assessment has been paid either
in part or in full, the City shall refund the property owner such
overpayment.
[Added 9-13-2010 by Ord.
No. 10-10]
A. The City
may impose a special charge against real property for current services
rendered by allocating all or part of the cost of the service to the
property served in accordance with the provisions of this section,
which are hereby adopted pursuant to § 66.0627, Wis. Stats.
B. A special
charge is not payable in installments. If a special charge is not
paid within the time determined by the governing body, the special
charge is delinquent. A delinquent special charge becomes a lien on
the property.
C. Special
charges include but are not limited to:
(3) Garbage
and refuse collection, disposal and landfill dumping fees.
(4) Repair
of sidewalks, curb and gutter.
D. On or around
October 20 in each year notice shall be given to the owner or occupant
of all lots or parcels of real estate which have received services
considered special charges and for which payment is owed and in arrears
at the time of giving the notice.
E. The notice
shall be in writing and shall state the amount of delinquent special
charges, including any penalty assessed, and shall state that unless
the amount is paid by November 1, a penalty of 10% of the amount of
arrears will be added. The notice shall say that unless the arrears
with any added penalty are paid by November 15, the arrears and penalty
will be levied as a tax against the lot or parcel of real estate to
which services considered special charges were furnished and for which
payment is delinquent.
[Amended 5-29-2012 by Ord. No. 08-12]
A. If any assessment or charge levied under this article is invalid
because such statutes are found to be unconstitutional, the Common
Council may thereafter reassess such assessment or charge pursuant
to the provisions of any applicable law.
B. Notwithstanding any other provision of law, or this or other ordinance
or resolution, it is specifically intended and provided by this article
that the City may levy special assessments for work or improvement
against the property benefited either before or after the approval
of the work plans and specifications, contracting for the work or
completing the work or improvement.
As an alternative to any other financing method, the Common
Council may provide for the payment of the initial cost of any public
improvement from the proceeds of special assessment "B" bonds issued
under § 66.0713(4) and (5), Wis. Stats. Special assessments
to retire such bonds and pay the interest thereon shall be levied
under § 66.0703, Wis. Stats., payable in such installments
at a rate to be determined by the Council based upon borrowed money
rates at the time of the special assessment.
[Amended 5-29-2012 by Ord. No. 08-12; 11-12-2012 by Ord. No. 12-12]
A. Generally. Street curb and gutters shall be financed by special assessment
as deemed advisable by the Council. All special assessments shall
be levied in accordance with the provisions of § 66.0703,
Wis. Stats., and of this article.
B. Front-foot rates. Special assessments shall be levied on a front-foot
basis, provided that the charge per front foot and the total assessment
on any one parcel shall not exceed the benefits thereto. The amount
levied for each front foot shall be determined as follows: curb and
gutter special assessment costs shall be paid by the residents equal
to 100% of unclassified excavation, crushed aggregate base, concrete
curb and gutter, appropriate engineering and administration fees,
and restoration recommended by the City Engineer, which could include
seed and mulch, sod, other vegetation, and some other option.
C. Single frontage lots. The special assessment on lots which abut on
only one public street shall be determined by multiplying the total
number of front footage by the special assessment charge per foot.
D. Corner lot. The special assessments on corner lots shall be determined
by multiplying the assessable footage by the special assessment charge
per foot. Owner of the property on corner lot will pay 100% assessment
on the front footage on the long side and 50% on the short side.
E. Deferred payments. The Council may permit the deferred payment of
such special assessment until the project is completed, but no longer
than 10 years following the date of levy, in accordance with § 66.0715(2),
Wis. Stats.
Unless otherwise provided in the preliminary or final special
assessment resolution, all special assessments levied under this section
may be paid in installments pursuant to a schedule prescribed by the
Common Council with interest at a rate of cost of project funds plus
2%. If the assessment cannot be tied to specific financing, the interest
rate shall be tied to a market cost of funds plus 2%.
Water and sewer main extensions within the City shall be extended
on either a special assessment or cost advancement basis and in accordance
with the Wisconsin Statutes.
The cost advancement method of financing water and sewer main
extensions shall be used in such areas as deemed advisable by the
Council. In general this method shall be used only when application
is made for public water or sewer service which would require the
extension of mains through sparsely occupied areas to serve such applicant,
or through areas which in the judgment of the Council are unlikely
to develop extensively within the next 10 years. Where extensions
are authorized on a cost advancement basis the procedure shall be
as follows:
A. The applicant shall deposit with the City treasury a sum sufficient
to pay the total estimated cost of the extension, including 100% of
street intersection costs, less the amount allocable to fire protector
service of such extension, if any.
B. Such deposit shall be made before construction is started or contracted.
If the actual apportionable cost shall be less than the amount deposited,
the excess of the deposit over the cost shall be refunded to the applicant
within 30 days after notice of the amount due.
C. Any property owner connected to such main, other than the applicant,
shall pay to the City a connection charge determined by the Council
which shall be equivalent to the amount of front foot special assessments
which would have been levied by the City at the time such extension
was made.
Unless otherwise provided in the preliminary or final special
assessment resolutions, all special assessments levied under this
article may be paid in installments pursuant to a schedule prescribed
by the Common Council with interest at the maximum rate allowable
in accordance with the provisions of § 66.0715(3), Wis.
Stats.
Sewer assessments shall be at a rate determined by the Common
Council.
Water main assessments shall be based on cost divided by number
of assessable linear feet serviced, as determined by the Council.