City Policies Street Construction; Special Assessments - 3/24/92

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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.
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                                  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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