[HISTORY: Adopted by the City Council of the City of South
Milwaukee. Amendments noted where applicable.]
In order to provide for the equitable distribution an assessment
of costs incurred in the installation of various public works projects
within the City of South Milwaukee, under authorization granted by
§ 66.60, Wis. Stats., the Common Council of the City of
South Milwaukee ordains these regulations, all subject to, and in
conformance with, the latest revisions of the said § 66.60,
Wis. Stats.
A.
For the purposes of this ordinance, the assessable benefits accruing
to any given property from public improvements shall be determined
as relating directly to the frontage thereof, as explained hereinafter
for the specific improvement. Side frontage, in the case of corner
lots, shall refer to that side of the lot which has the most frontage
on an improvement. If the long side of a platted lot abuts on any
alley paving improvements, whether or not this lot has alleys on two
sides thereof, said frontage shall be considered to be side frontage.
B.
Where so provided herein, certain improvements may be assessed on
an actual cost basis, or some percentage thereof, as specified in
the Preliminary Resolution for the particular improvement program.
C.
None of the improvements described herein shall be used by any property
for which the applicable assessment has not been paid or payment provided
for. Any assessments for such use shall be based on the assessment
rate used at the time of the improvement, if known, or it shall be
based on the average of the last three known assessment rates for
like improvements.
D.
None of the requirements of this ordinance shall prohibit the Common
Council from making adjustments in assessment rates, assessable costs,
or in assessable frontages, when, in the opinion of said Common Council,
a standard assessment will prove to be excessive or otherwise unreasonable,
and not in conformity with the intent of this ordinance.
No special assessments are to be levied for the construction of storm sewers except as provided in Chapter 14 of the South Milwaukee Code, entitled Land Subdivision Regulations.
A.
Assessable costs. The assessable portion of the installation of sanitary sewers shall consist of the equivalent cost of laying an eight-inch sewer with sand bedding and gravel backfill, manholes, manhole frames and covers, road surface replacement and other incidental costs, but shall not include the cost of mains on non-assessable frontages, as provided in Subsection D hereof.
B.
Assessment basis. The total assessable cost for all sanitary sewer
work constructed in the same public works program, when divided by
the assessable frontage, will result in the assessment rate to be
applied to frontages.
(1)
Direct frontage. Every lot or parcel of land, when abutting the installation
of sanitary sewers on any street side thereof, shall pay a minimum
assessment based on the frontage of said lot or parcel on the street
having the smallest frontage, whether or not the sewer is on that
side.
(2)
Side frontage. No assessment shall be levied for side frontage, except
that a direct frontage assessment shall apply to that side frontage
in excess of 150 feet.
C.
Engineering and administrative costs. All engineering and administrative
costs of the installation shall be included in the assessment rate
and computed in the amount of 7% of such assessment rate.
[Amended 10-8-1969 by Ord. No. 882]
D.
Exclusions. When sanitary sewers are installed in and through easements,
alleys, pedestrian or public walks, and when they do not constitute
a direct benefit to the abutting properties, such installation shall
not be considerer to be a part of the entire assessable cost of the
program.
A.
Assessable costs. The assessable portion of the installation of water
mains shall consist of the equivalent cost of laying an eight-inch
water main with sand bedding and gravel backfill, hydrants, valves
and valve boxes, road surface replacement and other such incidental
costs, and shall exclude the cost of mains and non-assessable frontages.
[Amended 4-16-1985 by Ord. No. 1299]
B.
Assessment basis. The total assessable cost for all water main installations
in the same public works program, when divided by the assessable frontage,
will result in the assessment rate to be applied to frontages.
(1)
Direct frontage. Every lot or parcel of land, when abutting the installation
of water mains on any street side thereof, shall pay a minimum assessment
based on the frontage of said lot or parcel on the street having the
smallest frontage, whether or not the water main is on that side.
(2)
Side frontage. No assessment shall be levied for side frontage, except
that a direct frontage assessment shall apply to that side frontage
in excess of 150 feet.
C.
Engineering and administration costs. All engineering and administrative
costs of the installation of water mains shall be included in the
assessment rate and computed in the amount of 7% of such assessment
rate.
[Amended 10-8-1969 by Ord. No. 882]
D.
Exclusions. When water mains are installed in or through easements,
alleys, pedestrian or public walks, and when they do not constitute
a direct benefit to the abutting properties, such installation shall
not be assessed against these frontages, except as it may be considered
to be a part of the entire assessable cost of the program.
A.
Assessable costs. All grading of land for streets, alleys, sidewalks
and curbs, except such as result from a grade change for the convenience
of the City, shall be assessed on the basis of the actual computed
cost of such grading for each frontage abutting thereon.
B.
Assessment basis. The actual costs of grading shall be computed as
applying to all frontages of property abutting thereon.
C.
Engineering and administrative costs. All engineering and administrative
costs of grading shall be included in the assessment rate and computed
in the amount of 7% of such assessment rate.
[Amended 10-8-1969 by Ord. No. 882]
A.
Assessable costs. The assessable portion of the installation of the
alley paving shall be limited to 85% of the total costs of paving
an alley 14 feet in width along all frontages in the program, including
incidental grading work required and the construction of alley approaches.
B.
Assessment basis. The total assessable cost of the particular type
of alley paving, when divided by the total frontage, will result in
the assessment rate to be applied to frontages.
[Amended 6-4-1974 by Ord.
No. 991]
(1)
Direct frontage. Every lot of parcel of land, when abutting the installation
of alley paving, shall pay an assessment for all frontage thereon,
except that in the case an alley abuts on two connecting sides, the
direct assessment shall apply only to the short side thereof.
(2)
Side frontage. Side frontage shall be assessed at a rate of 1/3 of
the normal rate for all side frontage up to 150 feet in length, the
excess over 150 feet being assessable as direct frontage.
C.
Engineering and administrative costs. All engineering and administrative
costs of alley paving shall be included in the assessment rate and
computed in the amount of 7% of such assessment rate.
[Amended 10-8-1969 by Ord. No. 882]
A.
Assessable costs. The assessable portion of the installation of curb
and gutter shall consist of the total cost of all such work done on
assessable frontages, including incidental grading work and curb radii,
but shall exclude curbs on median strips and other areas not related
to property frontages.
B.
Assessment basis. The total assessable cost of the curb and gutter
installation, when divided by the assessable frontage, will result
in the assessment rate to be applied to frontages.
(1)
Direct frontage. Every lot or parcel of land, when abutting the installation
of curb and gutter, shall pay an assessment for all frontage thereon,
except that in the case a curb and gutter abuts on two connecting
sides, the direct assessment shall apply only to the short side thereof.
(2)
Side frontage. Side frontage shall be assessed on the same basis
as direct frontage.
C.
Engineering and administrative costs. All engineering and administrative
costs of the installation of curb and gutter shall be included in
the assessment rate and computed in the amount of 7% of such assessment
rate.
[Amended 10-8-1969 by Ord. No. 882]
A.
Assessable costs. The assessable portion of the installation of street
paving shall consist of the total cost of all such work done on assessable
frontages, including incidental grading work and intersection paving,
and shall be limited to the cost of paving the equivalent of 1/2 of
a thirty-six-foot wide residential roadway.
B.
Assessment basis. The total assessable cost of the particular type
of street paving, when divided by the total frontage will result in
the assessment rate to be applied to frontages.
[Amended 6-4-1974 by Ord.
No. 991]
(1)
Direct frontage. Every lot or parcel of land, when abutting the installation
of street paving, shall pay an assessment for all frontage thereon,
except that in the case a street abuts on two connecting sides, the
direct assessment shall apply only to the short side thereof.
(2)
Side frontage. Side frontage shall be assessed at a rate of 1/3 of
the normal rate of all side frontage up to 150 feet in length, the
excess over 150 feet being assessable as direct frontage.
C.
Engineering and administrative costs. All engineering and administrative
costs of street paving shall be included in the assessment rate and
computed in the amount of 7% of such assessment rate.
D.
Exclusions. A five-inch asphalt roadway over a six-inch stone base
shall be considered to be the standard residential roadway. Road installations
of a different type or greater thickness or cost shall be assessed
at the rate for the described standard roadway.
[Amended 3-5-1991 by Ord.
No. 1491]
A.
Assessable costs. All sewer and water laterals installed to abutting
properties shall be assessed on the basis of the actual cost of such
installation for each lateral.
B.
Assessment basis. The assessment basis for house laterals shall be
the actual cost per installation.
C.
Engineering and administrative costs. All engineering and administrative
costs shall be included in the assessment rate and computed in the
amount of 3% of such assessment rate.
[Amended 10-8-1969 by Ord. No. 882]
A.
Assessable costs. The assessable portion of the installation of sidewalks
shall consist of the total cost of all such work done in a program,
including incidental grading work, but shall exclude sidewalk paving
at the radius of intersections.
B.
Assessment basis. The total assessable cost of the sidewalk paving,
when divided by the assessable frontage, will result in the assessment
rate to be applied to frontages.
C.
Engineering and administrative costs. All engineering and administrative
costs shall be included in the assessment rate and computed in the
amount of 7% of such assessment rate.
[Amended 10-8-1969 by Ord. No. 882]
A.
Special assessment payments provided for herein may be paid in cash
until the due date of the billing, therefore, or annual installments,
the maximum terms of which, except as otherwise provided herein, shall
be as follows:
B.
The unpaid balance of any special assessment levied hereunder shall
bear interest from the original due date thereof at a rate which shall
be determined by the Common Council prior to the publication of the
notice required by § 66.54(7)(e), Wis. Stats., relative
to the payment of annual installments of special assessments and such
rate shall be specified in said notice.
C.
In the event that the total special assessments levied against any
lot or parcel or land during the calendar year shall exceed the sum
of $400. The owner of such lot or parcel may elect to pay the same
in 10 annual installments, notwithstanding the maximum installment
terms hereinabove provided.
[Added 3-3-1964 by Ord.
No. 750]
Due to the uncertainty connected with estimating the life expectancy
of a given improvement and due to the many extraneous factors which
can contribute to the reduction in the useable life thereof, the Common
Council shall, at the time reconstruction of the specific improvement
becomes necessary, weigh the factors which contributed to this necessity
and determine what portion of the cost, if any, shall be reassessed
against the abutting properties according to the assessment basis
previously outlined for the improvement.
