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009-70 i) Date: October 12, 2004 To: Honorable Mayor and City Commissioners From: Engineering RE: Amendment to the Special Assessment Policy SUMMARY OF REQUEST: As a result of a Legislative Committee meeting, it is respectfully requested that the special assessment policy be amended in the following form: sub-paragraph “a” (on page 6) of paragrap 10 of section “C” Part “V” of the special assessment policy be amended to read: It This amendment applies only to those activities/improvements eligible under the table on page 4 of said policy. Furthermore, it is requested that if the amendment is adopted, implementation be limited to those projects where special assessment districts have been created after January 1°' of 2005. FINANCIAL IMPACT: None anticipated at this time. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Amend the special assessment policy. COMMITTEE RECOMMENDATION: POLTCY FOR STREET CONSTRUCTION, RECONSTRUCTION, AND RESURFACING Purpose a) Establish a uniform City wide assessment program for street improvements. Improve the quality, City wide, of street conditions. Provide for additional revenues from assessments, which recognizes the benefit to abutting private property as well as the public in general. Provide for a method of assessment which is fair and equitable while recognizing the financial impacts upon property owners and renters. Provide for a systematic annual reporting and Monitoring procedure to review the effectiveness ‘of the policy. Provide for Commission and Citizen involvement in establishing the application of engineering standards and design. Establish standards, which provide for the safety of vehicles and any other mode of transportation that may inhabit the roadway. Definitions 1. Maintenance Maintenance is defined as those routine activities necessary to sustain the integrity of the pavement structure. Maintenance activities include crack sealing, chip sealing, and pothole patching. They do not add significantly to the pavement structure and do not extend serviceability. Maintenance activities preserve serviceability. The City has established and is implementing an ongoing maintenance program to protect and preserve the serviceability of our better streets those streets that are in relatively good condition. Funds for this come from the operating budget. These activities are not assessable. Rehabilitation Rehabilitation of street surfaces includes those activities, which rejuvenate in whole or in part existing street surfaces. These activities include large surface patching and recycling of existing street surfaces. These activities are not assessable improvements. Resurfacing Resurfacing is the application of a nominal 1” or more of new surface or a leveling course and nominal 1” of new surface to an existing street. This improvement is an assessable street improvement to abutting properties. Milling and Resurfacing Milling and resurfacing includes the partial or total removal of asphalt surface and application of new leveling course and/or wearing course. This procedure significantly extends the useful life of the street and is an assessable improvement. Major rehabilitation and resurfacing Improvements, which include widening and/or replacement of the surface (concentrate or asphalt), are considered major rehabilitation and are an assessable improvement. Reconstruction Reconstruction includes work, which typically requires the removal of the pavement structure and replacement with new construction whether asphalt or concrete. Reconstruction is an assessable improvement. 7. New Construction Several streets and most alleys in the City are not hard surfaces but rather are dirt, sand or gravel. New construction is the placement of a new street base and surface improvement to previously unpaved streets. This is assessable. 8. New Development Very little unpolluted land remains for development within the City. When this land is developed with streets, the total costs of street improvement are the responsibility of the developer. An assessment district at the City’s option may be utilized to finance these improvements. 9. Standard Residential Width The width of the paved portion of a street from pavement edge to pavement edge. At the time of the adoption of this policy, the standard residential width is 23 feet. C. Policy 1. Statement of policy The policy of the City is to assess a portion of street improvements to all existing streets, up to a maximum stated cost per front foot for each type of improvement. 2. Abutting properties Assessments to abutting properties are reduced when available grants or other revenues are applied to the project (such as LDFA funding) . 3. Widening Widening of streets are assessable improvements up to the maximum assessable width. New development streets New development street improvements are the responsibility of the developer; however, they may be totally assessable at the option of the City. Installment payment of assessments may be established in each project up to ten years. Accessibility of activity Accessibility of an activity, its share of total cost Assessable the area assessed and the amount to be assessed per front foot shall be determined on a annual basis by the assessor's office in November for the following year. Implementation of assessment Policy shall be implemented as follows a) All streets, including subdivision streets, shall be constructed or reconstructed to engineering standards and design as established by the City, unless determined ( that sufficient reasons exist to provide : exception/deviation from standards. b) All new development requiring streets shall be the responsibility of the developer; however, when available, and deemed advisable by the City Commission, the city may utilize special assessment bonding to provide for street and public infrastructure, assessments to the properties benefiting to the extent by law. c) The method of assessment for the work determined assessable shall be as follows: (2) Cost of the work shall include all cost Girectly and indirectly chargeable to the project. (2) Assessments to abutting benefiting properties shall be established as an annual frontage charge based upon the previous year construction projects, i.e., costs per front foot up to the maximum established by this policy. Should the actual construction cost be less than the annual front footage charge, the assessments will be reduced proportionately. The amount assessable to abutting properties shall be equal to the cost of the standard residential street, regardless of the actual width in excess of this standard constructed. For streets having less than the standard residential street, front footage assessment will be proportionately reduced. Grants, aids and alternate funding, such as and including LDFA funding for street construction shall first be applied to the City’s share of the cost. Where grants and aids exceed the City’s cost, the assessment to abutting properties shall be reduced prorate. The city shall establish a street reconstruction revolving fund to provide for payment of improvement costs and reimbursement from assessments which are used to reimburse the Revolving fund which has so financed an improvement, may be based upon an amortization period of up to 10 years at an interest rate to be established by the Finance Director, using borrowing rates in effect at the time of the financing through the Revolving Fund. In cases where no bonding has produced construction funds or they are insufficient, this fund shall be available to finance improvements where assessed property owners do not otherwise qualify for assistance under other programs. The City shall establish a fund through the Community Development Block Grant program that will be available for low and moderate-income families on a sliding scale to provide grants and loans to qualified owners and renters of occupied dwelling units. This scale and schedule and application for assistance shall be bases upon guidelines published by the United States Department of Housing and Urban Development and shall be adjusted annually or as adjusted by said federal standards. Storm sewer systems, sanitary sewer systems, and water systems shall not be considered within the assessment costs of street paving projects. These by connection fees, user fee and special assessments. Where there exists a residual value of the street and determination of a residual value is appropriate for the project, this value is appropriate for the project, this value shall serve to offset the assessment based upon the proportional value of useful remaining life to the total project cost, as calculated by the City Engineer. (10) The following adjustments and special considerations may be made (A) In no case shall assessments be in 4» excess of benefits to abutting wr A properties QS a & ‘y ew ov (B }) Assessments shall be adjusted for 99 all corner lots applying 100% of the short-side frontage and 50% of the long-side frontage up to a maximum of 150 feet on the long- side frontage. (C) On through lots, (street to street), having less than an average of 200 feet of depth, measured between right-of-way lines; the lot assessment shall be reduced 50% of both frontages to be assessed. (D) Where the frontage at the street line is reduced, front foot assessments are based upon lot width parallel to the front street at the building set back lines. (BE) Driveways and sidewalks where replaced in the discretion of the City shall not be part of the general special assessment but shall be borne by the property owner and added to each assessment through a contract or waiver process. Driveways will normally be built or replaced in major rehabilitation, reconstruction and new construction projects. The City will, for existing concrete or bituminous drive approaches, from 50% to a residual basis decided by the City, up to its existing width. All cost for the balance of or widening of the Grive approach shall be borne by the property owner. (F) Curbs, storm sewers and other storm system improvements are not part of the assessable street improvements to abutting properties and are designed and included at the option of the City. Storm water improvements may be assessed through other policy and procedure. (11) The City will implement local street projects initiated by citizens on first come first served basis up to the limit of funds available in a given year. The cut-off date for receipt of petitions shall be August 30 for the following construction year. This will allow sufficient time for surveys and evaluation to initiate construction on the following construction season. a) Petitions received earlier in the year will be studied, as the current construction workload shall allow. D. Special assessment procedure 1. Petition Proceedings may be initiated by the City Commission or by petition of affected property owners. If a petition is used, owners of property having 50% of the frontage shall sign it or, in benefit cases, comprising 50% of the land area to be benefited. The petition shall be filed at the City Clerk’s office. Initiation of street assessment When initiating a street assessment proceeding, or when accepting a petition, the Commission shall order a feasibility report on the proposed improvements, and appraisal information relating to present value and expected benefit to the assessed properties. City Engineer The City Engineer shall present a resolution to the City Commission to set the hearing date to consider the creation of a special assessment district. Engineering Department rs The Engineering Department shall notify the other affected departments (Finance, Treasurer, and Assessor) that a special assessment is in progress. Project survey card The City Engineer shall insure notice of the first hearing accordance with Charter and State law. The City Engineer shall insure that notice is given, including mailing and publication through the City Clerk’s office. The City Engineer shall notify all affected property owners of the date scheduled for the public hearing by letter from the City Manager. The letter shall enclose a “Project Survey” card and a copy of the Commission resolution setting the hearing date. The project Survey card shall list the estimated amount of special assessment expressed in terms of dollars per front foot (or in the case of a benefit assessment, expected per parcel benefit). The card shall provide for a favorable or unfavorable response, with a request to mail the card back to the City expressing the owner’s position as being “for” or “against” this project. Preparation of a Report The City engineer will prepare a report describing the improvement and determining the feasibility thereof. It will address such factors as the need for the project, an estimate of cost and other pertinent information reflecting this policy and special conditions of the project if any. Evaluation The card results, the city Engineer’s feasibility report and all other relevant material shall be presented to the City Commission at the public hearing set forth in the notice. Action at First Hearing The City Commission shall consider the city Engineer's report, evaluation and benefit information, the card tabulations and the written or oral comments of property owners attending the hearing and shall determine whether to defer or proceed with the project, said decision to be set forth benefit to the property exceeds or equals the assessment where the project will proceed. The City Commission shall adhere to the State law concerning protests. If the City Commission resolves to proceed, it shall appoint a board of assessors consisting of two City Commissioners and the City Assessor, which shall function as set forth below whether or not the assessment is on a frontage or benefit basis. Decision to proceed In the event the City resolves to proceed with the improvement and the requisite number of votes therefor are cast, the Commission shall direct the preparation of a special assessment roll and shall further order the City staff to proceed with project design, preparation of specifications and the bidding process as appropriate. The Finance Department shall prepare financing plans including submission of applications to the Michigan Department of Treasury, beginning of bonding proceedings or other preparation called for by this policy or as is appropriate. The financing plans shall include the interest rate to be paid on the assessment. (If bonds are to be sold, the interest rate shall be determined by the interest rate on bonds plus 1%) LO. Submission of Materials to Board of Assessors The information reviewed by the City Commission at the first hearing together with all materials prepared by staff shall be submitted to the Board of Assessors, which shall prepare the assessment roll. The assessment. roll shall be based upon the lowest bid recommended by staff. Daas Second Hearing After official notice has been given to each affected property owner according to State law and Charter, the second hearing shall be held to give the matter of the amount of the actual assessments being levied and the roll to be confirmed. After the second hearing the City Commission shall determine whether or not to confirm the assessment roll. If it determines not to confirm but still intends to proceed, it shall return the assessment roll to the Board of Assessors who shall review it and resubmit it at an adjourned hearing noticed in accordance with the law. As such time, as the assessment roll is confirmed, the assessment shall be considered levied. Copies of the confirmed roll shall be sent to the Finance Department, the Treasurer’s office, the City Assessor and the Clerk. In addition the confirmed roll and other relevant records shall be sent to bond counsel for review in the event bonding is to be used for the payment of the cost of the project: 12. Special assessment billing Procedures shall be followed to add special assessments to the tax rolls in the event of nonpayment. Special assessments shall be a lien on the property on the Date of confirmation. 13. Deferral Request for deferrals under State statutory procedures or City procedures shall be handled through the City Assessor's office. Applications for financial assistance under Community Development Block Grant program, other payments, loans or grants available for individual property owners or renters shall be processed upon notifications of assessment billings. confirmed. After the second hearing the City Commission shall determine whether or not to confirm the assessment roll. If it determines not to confirm but still intends to proceed, it shall return the assessment roll to the Board of Assessors who shall review it and resubmit it at an adjourned hearing noticed in accordance with the law. As such time, as the assessment roll is confirmed, the assessment shall be considered levied. Copies of the confirmed roll shall be sent to the Finance Department, the Treasurer's office, the City Assessor and the Clerk. In addition the confirmed roll and other relevant records shall be sent to bond counsel for review in the event bonding is to be used for the payment of the cost of the project: 12. Special assessment billing Procedures shall be followed to add special assessments to the tax rolls in the event of nonpayment. Special assessments shall be a lien on the property on the Date of confirmation. 13. Deferral Request for deferrals under State statutory procedures or City procedures shall be handled through the City Assessor’s office. Applications for financial assistance under Community Development Block Grant program, other payments, loans or grants available for individual property owners or renters shall be processed upon notifications of assessment billings. [$e}08a7H]G Sv'OsD9 % yea1uy0BDulpeaids uoj w Iv0sS°O0DB6Y'%Fz$JE"SStq0U#°O800H9ES'IODrLS JOSPUIA, SE d0O'°z0sg'89e$s+= Q0O°0 'D0S1LZ$ Jsjoefausy Aaueig T‘U9P0O8}tNedAy ‘]PUIOSJ-NBL 00000°0°°''S'060008L''''$rZzs0zZ2Se$$$$— 00000°°°°'00000sS''‘''ZS08S241rL9LL$$$$$ po m UIMI| Aejoreg ZLP00oZOL'0°$'E0L0SEL¢6$''8L9r0SrI"$$"~=— 0o0 °-°0o00 '''sL09S9zSeOe9z1$$$ 8h %&8b —LO0'S°0S—8600°'Zz18$" =+ oo ''00 o''09Es6e$$ 0 'S9L'OLr$ 0 '0 'ZS9'7$ —0°6Sz'Zs1r$ o0O°'es‘0$o9 °POS'0Esre 0LS 00°0°0¢'S'L996'S%$$ ‘SLEqoyBOUIMe]}Ad[Sap N‘UuOoJsSjHexNE]A ,0}iUOBSpoLyQ OLWIAV4OLO°$09'So8r2dIEzr6O1sL"JS$O=+A0H0L°'T0V'0ISsOZeA$dSG ASVLOAPUdYSAOHLSV7OML"SYVA / 2002-58 (n) AMENDED TABLE AS OF 05/14/02 Activity/improvement Share of Total Area Amount to be Cost Assessable Assessed Assessed per front foot 1. Maintenance 0% 0 N/A 2. Rehabilitation 0% 0 NIA 3. Resurfacing 45% * $6.40 *** 4 Milling/Resurfacing 45% * $11.40 *** 5. Rehab./Resurfacing Majo 45% " $18.70 *** 6. Reconstruction 45% e $19.70 *** 7. New Construction 45% * $19.70 8. New Subdivision 100% ** Actual (where assessed) * standard residential width ; ** entire improvement performed by City ** these front foot assessments included an adjustment reflecting credit for residual value of existing street per Section V (C) (9), with total assessment not to exceed benefit to abutting property. Vv Assessment Policy; Improvements Included; Allocation of Cost: Financing and Scheduling — This policy shall be implemented as follows: A. Design and Engineering - All streets, including subdivision streets, shall be constructed or reconstructed to engineering standards and design as established by the City, unless determined that sufficient reasons exist to provide exception/deviation from standards. B. New Subdivision Development - All new development requiring streets shall be the responsibility of the developer; however, when available, and deemed advisable by the City Commission, the City may utilize special assessment bonding to provide for street and public infrastructure, assessments to the properties benefiting to the extent permissible by law. Cc. Assessment Method — The method of assessment for the work determined assessable shall be as follows: : 1. Cost of the work shall include all cost directly and indirectly chargeable to Adopted 5-14-02. ae Ova. re, the project. } 4 Gail A. Kundinger, City Glerk
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