City of Mayville, WI Chapter 13 Assessments

[HISTORY: Adopted by the Common Council of the City of Mayville 2-13-1989 by Ord. No. 695-89 as §§ 8.10 and 8.11 of the 1989 Code; amended by Ord. No. 728-91 and Ord. No. 927-2002. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Finance and taxation — See Ch. 65.

§ 13-1 Public improvements and assessments.

A. General application.

(1) The installation of any public improvement shall be an exercise of the police power of the City, as may from time to time be determined by the Council, and the property served shall be assessed pursuant to the provisions of §§ 66.0701 and 66.0703, Wis. Stats.

(2) The total cost of any public improvement to be paid in whole or in part by special assessment shall include the direct and indirect costs reasonably attributable thereto, including but not limited to materials, supplies, labor, equipment, site preparation and restoration, damages occasioned by the public improvement, interest on bonds or notes issued in anticipation of the collection of assessments, and a reasonable charge for engineering, legal and administrative costs.

(3) The total assessment for any public improvement shall be based upon the total cost, as defined in Subsection A(2) above, and shall be apportioned among the individual parcels benefited. Such apportionment shall generally be computed on a linear-frontage basis unless the Council otherwise determines that extenuating circumstances require a different method of apportionment.

B. Special assessments. Special assessments in the City shall be assessed as shown on the table included at the end of this chapter.

§ 13-2 Special assessment procedure.

A. Alternate method selected. As provided in § 66.0701, Wis. Stats., in addition to other methods provided by law, special assessments for any public work or improvement may be levied by alternate methods. The Council hereby elects to levy such special assessments as provided in this section.

B. Preliminary resolution. Whenever the Council shall determine that any public work or improvement shall be financed in whole or in part by special assessments levied under this section, it shall adopt a preliminary resolution setting forth the following:

(1) Its intent to exercise its police powers for the purpose of levying special assessments for the stated municipal purpose.

(2) The limits of the proposed assessment district.

(3) The time, either before or after completion of the work or improvement, when the amount of such assessments shall be determined and levied.

(4) The number of installments in which the special assessments may be paid, or that the number of installments shall be determined after the public hearing required by Subsection D below and shall be included in the final resolution.

(5) The rate of interest to be charged on the unpaid installments, or that the rate of interest will be determined after the public hearing required by Subsection D below and shall be included in the final resolution.

(6) The terms on which any of such assessments may be deferred while no use of the improvement is made in connection with the property, or that such terms will be determined after the public hearing required by Subsection D below and will be included in the final resolution.

(7) That the Director of Public Works shall prepare a report as required by Subsection C below.

C. Report of Director of Public Works.

(1) Whenever the Council, by preliminary resolution, directs the Director of Public Works to prepare a report, the Director shall prepare a report consisting of the following:

(a) Preliminary or final plans and specifications for the public work.

(b) An estimate of the entire cost of the proposed work or improvement, except that when the Council determines by preliminary resolution that the hearing on such assessments shall be held subsequent to the completion of the work or improvement, the report shall contain a statement of the final cost of the work, service or improvement in lieu of an estimate of such costs.

(c) A schedule of the proposed assessments.

(d) A statement that each property against which the assessments are proposed has been inspected and is benefited, setting forth the basis for such benefit.

(2) Upon collection of the report, the Director of Public Works shall file a copy of the report with the City Clerk.

D. Incorporation of statutory provisions. The provisions of § 66.0703, Wis. Stats., including those related to notice, hearing and the adoption of a final resolution, shall, to the extent not inconsistent with this section, apply to special assessments levied under this section.

E. Lien. Every special assessment levied under this section shall be a lien against the property assessed from the date of the final resolution of the Council determining the amount of such levy.