[Adopted 10-5-1995 as Title 3, Ch. 2, of the 1995 Code]
A. 
The City of Colby, by resolution of its Common Council, may levy and collect special assessments upon property in a limited and determinable area for special benefits conferred upon such property by any municipal work or improvement and may provide for the payment of all or any part of the cost of the work or improvement. In addition to other methods approved by law, special assessments for any public work or improvement or any special charge for current services may be levied in accordance with the provisions of this article.
B. 
The amount assessed against any property for any work or improvement which does not represent an exercise of the police power shall not exceed the value of the benefits accruing to the property therefrom, and for those representing an exercise of the police power, the assessment shall be upon a reasonable basis as determined by the Common Council.
C. 
The favored procedure in the City for proceeding with making specially assessable public improvements as generally set forth in this article is not intended in any way to disregard or to bar proceeding under other methods provided by law for making of public improvements and for the levying of assessments therefor; nor is this article intended to be an exhaustive, detailed recodification of the state law under said statutory section. Detailed requirements still require reference to said statutory section and the subsections thereunder. The purpose hereof is to generally define and establish local procedures.
A. 
Public improvements carried out pursuant to § 66.0703, Wis. Stats., and this article shall be initiated by a preliminary resolution presented to the Council by the City Engineer, which resolution shall declare the Council's intention to exercise its assessment powers for such municipal purpose(s), describe the same, the limits of the proposed assessment district, the number of installments in which special assessment may be paid or that the number of installments will be determined at hearing thereon, and direct the City Engineer to make a report thereon. After adoption of such preliminary resolution by the Common Council, copies thereof shall be forwarded by the City Clerk-Treasurer to the City Engineer. The City Clerk-Treasurer shall forthwith, after adoption of such preliminary resolution, obtain a list of the names and addresses of all interested persons, if with reasonable diligence their names and addresses may be obtained, and forward the same to the City Engineer. Upon receipt of copy of such preliminary resolution, the City Engineer shall prepare the report thereon.
B. 
The report required by Subsection A shall consist of:
(1) 
Preliminary or final plans and specifications.
(2) 
An estimate of the entire cost of the proposed work or improvement.
(3) 
An estimate, as to each parcel of property affected, of:
(a) 
The assessment of benefits to be levied.
(b) 
The damages to be awarded for property taken or damages.
(c) 
The net amount of such benefits over damages or the net amount of such damages over benefits.
(4) 
A statement that the property against which the assessments are proposed is benefited, where the work or improvements constitute an exercise of the police power. In such case, the estimates required under Subsection B(3) shall be replaced by a schedule of the proposed assessments.
(5) 
A copy of the report when completed shall be filed with the City Clerk-Treasurer for public inspection.
C. 
When the Common Council determines by resolution that the hearing on the assessments be held subsequent to the completion of the work or improvement or rendering of the service, the report required by § 66.0703(4), Wis. Stats., and Subsections A and B above shall contain a statement of the final cost of the work, service or improvement in lieu of an estimate of the cost.
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.
A. 
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.
B. 
A parcel of land against which has been levied a special assessment for the sanitary sewer or water main laid in one of the streets upon which it abuts shall be entitled to such deduction or exemption as the Common Council determines to be reasonable and just under the circumstances of each case when a special assessment is levied for the sanitary sewer or water main laid in the other street upon which such corner lot abuts. Under any circumstances, the assessment will not be less than the long way of such lot. The Common Council may allow a similar deduction or exemption from special assessments levied for any other public improvement.
A. 
Notice requirements. On the completion and filing of the report and final resolution with the City Clerk-Treasurer required in § 58-24B(5) of this article, the City Clerk-Treasurer or City Engineer shall prepare a notice of hearing, which notice shall comply with § 66.0703(7), Wis. Stats., and state the nature of the proposed or approved work or improvement, the general boundary lines of the proposed assessment district and the place and time at which the report may be inspected. In publishing the notice of hearing, the City Clerk-Treasurer shall set the place and time at which all interested persons, their agents or attorneys may appear before the Common Council or committee thereof and be heard concerning the matters contained in the preliminary resolution and report. Such notice shall be signed by the City Clerk-Treasurer, who shall cause the same to be published at least once in the official newspaper and shall mail a copy of such notice at least 10 days before the hearing to every interested person whose post office address is known or can be ascertained with reasonable diligence. The hearing shall commence not less than 10 days and not more than 40 days after the publication or mailing of said notice.
B. 
Waiver of notice. The Council may, without any notice of hearing, levy and assess the whole or any part of the cost of any municipal work or whole or any part of the cost of any municipal work or improvement as a special assessment upon the property specifically benefited thereby whenever notice and hearing thereon is in writing waived by all the owners of property affected by such special assessment. In such cases, the procedure shall be the same as hereinbefore provided, except for the noticing and holding of public hearing thereon.
A. 
After the hearing, the Common Council may:
(1) 
Approve, disapprove, modify or re-refer the report to the City Engineer with such directions as it deems necessary to change the plans and specifications as to accomplish a fair and equitable assessment.
(2) 
Continue the public hearing, preliminarily approve plans and specifications and, if the project requires advertising for bids, authorize and direct the advertisement therefor with a date certain for consideration and taking action thereon, inclusive of action on said report and action on final resolution.
B. 
If an assessment be made against any property and an award of compensation or damage be made in favor of the property, the Common Council shall assess only the difference between such assessment of benefits and the award of compensation or damage.
C. 
Work not previously authorized or approved; work approved or completed prior to report or hearing.
(1) 
If the work or improvement has not been previously authorized or approved, the Common Council shall approve the work or improvement and by resolution direct that the same be done and paid for in accordance with the report finally approved.
(2) 
If the work or improvement has been approved by the Common Council or work commenced or completed prior to the filing of the report or prior to the hearing, then the Common Council shall by resolution confirm the report as made or modified and provide for payment in whole or in part by assessment.
D. 
The City Clerk-Treasurer shall publish the final resolution as required in § 58-24 of this article.
E. 
After the publication of the final resolution, any work or improvement provided for and not yet authorized shall be deemed fully authorized and all awards of compensation or damage and all assessments made shall be deemed duly and properly made, subject to the right of appeal by § 66.0703(12), Wis. Stats., or any other applicable provision of law.
F. 
As soon as the assessable cost of such work or improvement is finalized, the City Clerk-Treasurer shall issue respective special assessment certificates for each property affected and specifying the manner in which payment is to be made and shall send a copy of the respective assessment affecting each property to each owner's post office address that is known or can be obtained with reasonable diligence.
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 § 58-27, to amend, cancel or confirm any prior assessment; and notice of this amending, canceling or confirming shall be given by the City Clerk-Treasurer as provided in § 58-28 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.
A. 
Any person against whose property a special assessment is levied under this article may appeal therefrom in the manner prescribed by § 66.0703(12), Wis. Stats., as amended, within 90 days of the date of the final determination of the Common Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Pursuant to § 66.0703(12)(f), Wis. Stats., it shall be a condition to the maintenance of any appeal that any assessment appealed shall be paid when due and payable, and upon default in payment any such appeal shall be dismissed.
A. 
Payment of special assessments.
(1) 
Without interest. Upon receipt of a copy of special assessment certificate, any person may pay the same in full, without interest, if paid to the City Administrator within the grace period therein allowed and as allowed in the final resolution.
(2) 
After grace period. If any special assessment, or any part thereof, remains unpaid following the running of the grace period specified for payment without interest, at time of preparation of the first tax roll thereafter the same, together with interest computed thereon at the interest rate established in said final resolution and in said certificates computed from the date of levy (i.e., date of final resolution) or the finalizing of assessable costs, whichever is later, shall be entered in such tax roll in such manner as directed in said final resolution and certificate; thereafter, if the same be payable in installments, subsequent installments, together with interest at said rate computed on declining balance, shall be entered in subsequent tax rolls until fully paid. This provision is in no way intended to prohibit the prepayment of the balance owing at any time on principal together with interest to date of payment only.
B. 
Assessment a lien. Pursuant to Subsection (13) of § 66.0703, Wis. Stats., any special assessment levied under this article shall be a lien on the property against which it is levied on behalf of the City. The Common Council shall provide for the collection of such assessments and may establish penalties for payment after the due date. The Common Council shall provide that all assessments not paid by the date specified shall be extended upon the tax roll as a delinquent tax against the property and all proceedings in relation to the collection of such delinquent taxes shall apply to such assessment, except as otherwise provided by statute. The City pays for the recording of the lien; the property owner pays for removal of the lien.
A. 
In addition to all other methods provided by law, special charges for current services may be imposed by resolution of the Common Council by allocating all or part of the cost of the service to the property served; such resolution setting forth the property location, the current service rendered by the City and the special charge therefor or cost thereof. Such resolution for special charges may include snow and ice removal, weed elimination, street sprinkling, oiling or tarring, reconstruction of sidewalks, garbage and refuse disposal, recycling, sewer and water service, tree care or removal or any other service as defined in § 66.0627(1)(c), Wis. Stats. The Common Council may determine the manner of providing notice of a special charge. Before a special charge for street tarring or the repair of sidewalks, curbs or gutters may be imposed, the Common Council shall conduct a hearing on whether the service in question will be funded in whole or in part by a special charge. Notice of the hearing shall be given as provided in § 66.0627(3)(b), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Special charges for current services shall not be payable in installments. If not paid within the period fixed by the Common Council in said resolution, such delinquent special charges, pursuant to § 58-33, shall become a lien on said property as of the date of such delinquency and shall automatically be extended upon the current or next tax roll as a delinquent tax against the property, as provided by § 66.0627, Wis. Stats., and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special charge. Notice of special charges for current services need not be given except as required by § 66.0627, Wis. Stats., as amended.
C. 
Section 58-24 of this article shall not be applicable to proceedings under this section.
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. 
The Common Council may, without notice or hearing, levy and assess all or any part of the cost of any work or improvement upon the property benefited if notice and hearing is waived in writing by property owners affected.
C. 
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.
A. 
Whenever it is determined by the Common Council to be in the best interest of the public or necessary for public health, welfare and convenience to construct any sanitary sewers, water mains or laterals thereof in the City of Colby, assessments shall be made in accordance with the provisions of this section.
B. 
Subdivision of land.
(1) 
Sanitary sewer and water main extensions shall be constructed only for the service of property which is subdivided and only after title to 66-foot City streets is vested in the City of Colby. The requirements of this subsection can be waived by the Common Council only if strict enforcement would create an unusual hardship and prevent the development of an isolated lot or lots.
(2) 
Construction of required improvements for new land divisions shall be paid by the developer pursuant to Chapter 472, Subdivision of Land, of the Code of the City of Colby.
C. 
The assessment charge for the construction and installation of sanitary sewers, water mains or laterals thereof shall be on a per-foot basis to be determined by the total project cost. The project cost may be the contract price as bid or the actual cost after completion of the project. The abutting landowners shall be responsible for the total cost of the project. The number of payment installments shall be as determined by the Common Council. Interest on the installments shall be paid at a rate of interest determined by the Common Council after taking into consideration the interest rate being paid by the City on the project funds.
D. 
In lieu of any special assessments for the construction and installation of sewer or water laterals connecting with any sewer or water main, the adjoining property owner may elect to construct or install the same under the supervision of the Director of Public Works at his own expense, and in compliance with the rules, regulations, resolutions and ordinances of the City of Colby governing the construction or installation of the same; provided, however, that there shall be a service charge for hookup of said laterals in an amount which the Common Council may from time to time establish as fair and reasonable.
E. 
The cost of water laterals is assessed to property owners at actual cost.
F. 
The cost of sewer laterals is assessed to property owners at actual cost, plus a connection charge as set by the Common Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
In addition to other methods provided by law, special assessments for any public work or improvement or any current service may be levied in accordance with the provisions of this section, which is adopted pursuant to and in accordance with § 66.0701, Wis. Stats.
B. 
Whenever the governing body shall determine that any public work or improvement or any current service shall be financed in whole or in part by special assessments levied under this section, it shall adopt a resolution specifying this intention and the time, either before or after completion of the work or improvement, when the amount of the assessments will be determined and levied, the number of annual installments, if any, in which assessments may be paid, the rate of interest to be charged on the unpaid balance and the terms on which any of the assessments may be deferred while no use of the improvement is made in connection with the property.
C. 
The process described in § 66.0703, Wis. Stats., shall be followed in levying special assessments under this section, except that, when the governing body determines by resolution that the hearing on the assessments be held subsequent to the completion of the work or improvement or the rendering of the service, the report required by § 66.0703(4), Wis. Stats., shall contain a statement of the final cost of the work, service or improvement in lieu of an estimate of the cost.
D. 
Notice of the time and place of the public hearing on any special assessment proposed to be levied and notice of the final assessment and terms of payment thereof shall be given in the manner set forth in § 66.0703(7) and (8)(d), Wis. Stats.
E. 
Any special assessment levied under this section shall be a lien against the property assessed from the date of the final resolution of the governing body determining the amount of the levy.
F. 
Any person against whose property a special assessment is levied under this section may appeal therefrom in the manner prescribed by § 66.0703(12), Wis. Stats., within 90 days of the date of the final determination of the governing body.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]