These policies establish a procedure for making public improvements
and levying special assessments pursuant to the requirements of Minnesota
Statutes. When an improvement conveys special benefit to properties in a definable
area, the City intends to levy special assessments on the benefitted properties
to finance such improvements. It is the policy of the City that the amount
of the assessment for public improvements should not exceed the special benefit
to the property. The City will use the assessment policies to insure that
assessments have a reasonable relationship to benefits. Public improvements
covered by this policy manual include the construction of streets, storm sewer,
sanitary sewer, waterworks, and other public improvements allowed by state
law.
The following procedure for the cost of installation of electrical services
by said City:
A. New construction.
(1) Overhead service: City to furnish and install at no charge.
(2) Underground services: Property owner to pay 1/2 of the
difference in cost between overhead and underground services.
B. Replacement services.
(1) Overhead services: Replaced at no cost to property owner.
(2) Replace overhead with underground: Property owner to
pay 1/2 of the difference in cost between overhead and underground services.
(3) Upgraded underground service: All cost to property owner.
If a special assessment is levied against a tract of land which is later
subdivided, the installments remaining unpaid can be apportioned among the
various lots and parcels in the tract upon a finding that such apportionment
will not materially impair collection of the balance due. This may be done
upon application of the property owner or by the Council action upon its own
motion, but notice of such apportionment and of the right to appeal must be
mailed to or personally served upon all owners of any part of the tract.
The City Council may, subject to legal notice and hearing requirements,
make supplemental assessments to correct omissions, errors, or mistakes in
the relating to the total cost of the improvement or any other particular
item. If an assessment is set aside by a court for any reason or if the Council
finds that the assessment or any part of it is excessive or determines on
advice of the City Attorney that is or may be invalid for any reason, the
Council may upon notice and hearing as required for the original assessment
make a reassessment or a new assessment as to such parcel or parcels.
The Fairfax City Council adopted the following process for the initiation,
review and assessment of local public improvement projects.
A. Project initiation. Projects may be initiated in two
ways: (1) Petition by 35% of the affected property owners; or (2) by order
of the City Council. Unless otherwise authorized by the City Council, petitions
for improvements must be submitted by September 1.
B. Petition review. If project is petitioned, the City Council
must determine if the petition conforms with the guidelines of Minnesota Statute
429-035.
C. Feasibility report. The Council instructs the City Engineer
to prepare a preliminary report on the proposed improvement. The report will
indicate feasibility of proceeding with improvement and estimated costs.
D. Accept feasibility report/call for hearing. The City
Engineer will submit the feasibility report to the Council. The Council will
then schedule a date for a public hearing on the improvement. Notice of hearing
will be mailed to all affected property owners at least 10 days prior to the
hearing date. Notice of hearing will also be published twice in the Fairfax
Standard.
E. Public hearing on improvement. The purpose of the hearing
is to give all interested property owners a chance to make comment on the
proposed improvement. If the project is petitioned by 100% of the affected
property owners, then this step may be skipped.
F. Order improvement/preparations of plans. If the City
Council chooses to proceed with the project, then the improvement is ordered.
The City Engineer will be directed to prepare the necessary plans and specifications.
G. Approving plans and specifications/ordering advertisement
of bids. When the City Engineer has completed the plans and specifications,
they will be presented for consideration to the City Council. Upon approval
of the plans and specifications, the Council will direct the City Clerk-Treasurer
to advertise for bids for making the improvement. At a minimum, the advertisement
will be placed in the Fairfax Standard and the Construction Bulletin. The
Council shall also set a time for the bid opening. Generally, the City will
allow a thirty-day period between calling for bids and opening bids.
H. Order assessment roll/assessment hearing. If 100% of
the affected property owners have not petitioned for the improvement or signed
a waiver of rights to appeal, then the City Council shall begin the assessment
process. The Council will declare costs to be assessed, order preparation
of the assessment roll and set a date for a public hearing on the assessments.
The purpose of scheduling assessment proceedings at this time is to deal with
disputes over the assessment prior to awarding the bid and beginning construction.
Notice of hearing shall be published in the Fairfax Standard and mailed to
all affected property owners.
I. Accepting bids. At the time and place previously established,
the City Council shall open and review all sealed bids for the improvement.
The City may accept and retain all or a portion of the bids. The City may
also defer awarding the bid for a period of time not to exceed 60 days. The
purpose of the delay is to allow staff time to review the bids and to allow
for assessment hearings, if necessary.
J. Assessment hearing. The assessment hearing is held at
this time only if the Council has previously determined the need to do so.
The purpose of the hearing is to give property owners the opportunity to object
to the proposed assessment. Objections may be made at the hearing or submitted
in writing prior to or at the hearing. At its direction, the Council may consider
any objection to the amount of a proposed individual assessment at an adjourned
meeting. The purpose of such additional inquiry is to determine objectively
and in an adversary proceeding whether the amount of the assessment exceeds
the benefit conveyed to the property. At such an adjourned meeting, both the
City and the property owner will be given the opportunity to present oral
and written testimony.
K. Adopting assessment. Upon determination of final assessment
amounts, the Council shall adopt the assessment roll. Any property owner who
has formally objected to the assessment has 30 days to appeal the assessment
to District Court.
L. Awarding bids. When the City Council has completed all
necessary review and hearings, it may award the bid to the lowest acceptable
bidder.
M. Construction. Once the City has entered into a contract
with the successful bidder, construction of the improvement may begin.
N. Assessment process. In those cases where the City has
not undertaken the appropriate assessment proceedings, the Council shall initiate
the assessment process (Steps H, J, K).