AN ORDINANCE RELATED TO LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS AND ESTABLISHING A GENERAL POLICY THEREFORE
The City Council of the City of Wabasso ordains:
Section 1. Petitions. No petition for construction of any public improvement will be deemed as binding. The Council reserves the right to be the primary initiator of public improvements. Petitions from property owners will be viewed only as an expression of property owners interest, but will not be deemed as binding legal basis for proceeding with an improvement. Petitions submitted should include signatures of owners of more than one half of the property abutting and affected by the improvement.
Section 2. Classification of Projects. Subdivision 1. In general. Public Improvements are divided into the three classes specified in the following subdivisions according to their respective benefit to the whole city and to the property specially served by the improvement and taking into account past city practice.
Subdivision 2. Class A. Class A improvements are those which are of general benefit to the city at large, including, but not limited to (1) public buildings, except a building which is a part of an improvement described in one of the following subdivisions; (2) any public park ,playground, or recreational facility; (3) the installation and maintenance of street lighting systems (except for installation of special lights to give additional or special lights at the request of the property owner); (4) sewage treatment plants; (5) water work, wells, pumps, tanks, fire hydrants and treatment plants; (6) grading, graveling, and applying non-permanent surfacing to streets; (7) portions of sub-base and surfacing of arterial and residential streets as described in Section 4, Subdivision 2 and Section 5, Subdivision 3; and (8) any improvement not described in Minnesota Statutes, Section 429.021, Subdivision 1. Any such improvement shall be financed from general city funds and not from special assessments.
Subdivision 3. Class B. Class B improvements are those which are of both general benefit and special benefit to abutting or nearby property. Class B improvements include (1) trunk water mains larger than 6”; (2) trunk sanitary sewer mains larger than 6”; (3) permanently surfacing arterial streets as specified in section 4, subdivision 2; (4) the construction of off street parking facilities.
Subdivision 4. Class C. Class C improvements are those which are primarily, if not exclusively, of benefit to property abutting or in the area of improvement, including (1) the construction of sidewalks; (2) the construction of water mains no larger than 6” in diameter; (3) the construction of sanitary sewer mains no larger than 6” in diameter; (4) the construction of curbs and gutters; (5) oiling of residential streets and alleys and providing dust coat; (6) portions of the sub-base and surfacing of arterial and residential streets as described in section 4, subdivision 2 and section 5 subdivision 3; (7) permanently surfacing residential streets; (8) storm sewers; and (9) the abatement of nuisances and the draining of swamps, marshes and ponds on public or private property and filling the same.
Section 3. Financing Class B and C Improvements. It is the policy of the city to finance Class B and C improvements by the methods described in section 4, 5, and 6. The apportionment of the cost benefited property and the city at large and the method of levying assessments prescribed in those sections, for any improvement type, shall be followed in each case unless the Council, by resolution, finds that because of special circumstances stated in the resolution, a different policy is necessary or desirable in the particular case. Any local improvement described in Minnesota Statutes, Section 429.02 and not placed in Class A, B or C by Section 2 shall be financed as the council determines to be most feasible and equitable in each case.
Section 4. Assessment Regulations for Class B Improvements.
Subdivision 1. Trunk Water Mains and Sanitary Sewers. When a trunk sewer or water main is constructed and is also to serve as a lateral sewer or water main for abutting property the abutting property owners shall be assessed for the cost of a lateral sewer or water main of 6 inches, plus its proportionate share of the cost of the excess capacity. The remainder of the cost of the trunk sewer or water main shall be assessed against all other property benefited by the trunk water or sewer main whether or not the lateral main was available to the property. The cost of the trunk sewer or water main in excess of the lateral assessments shall be assessed on the basis of frontage against all properties benefited. The costs of a lift station shall be assessed on the basis of frontage against that property actually served by the lift station.
Subdivision 2. Arterial Street Surfacing. Arterial street sub-base and surfacing will be assessed in the same manner as residential streets; when an arterial street is roughed in and subsequently paved with concrete, bituminous mat, or other permanent surface, the costs of the 10’ on each side of the roadway shall be assessed against the benefited property on the basis of frontage on the abutting street. The remaining center portion of the hard surfacing will be paid from the general fund. The remainder of the cost of the surfacing improvement shall be paid from general funds. When the standards for such paving are higher than those the city would use for a residential street, the cost to be assessed shall be based on the cost of paving a residential street of the same width. The rest of the cost shall be paid from general funds. The entirety of curb and gutter and non-permanent improvements will be assessed to the benefited abutting property.
Section 5. Assessment Rules for Class C Improvements.
Subdivision 1. Sidewalks. The cost of the construction of sidewalks shall be assessed on the basis of frontage against property abutting the side of the street on which the sidewalk is located.
All snow, ice, dirt and rubbish remaining on a public sidewalk more than 12 hours after its deposit thereon is a public nuisance. The owner and the occupant of any property adjacent to a public sidewalk shall use due diligence to keep such walk safe for pedestrians. No such owner shall allow snow, ice, dirt or rubbish to remain on the sidewalk longer than 12 hours after its deposit thereon. The street commissioner may remove from all public sidewalks all snow, ice, dirt and rubbish as soon as possible beginning 12 hours after any such matter has been deposited thereon or after the snow has ceased to fall. He shall keep a record showing the cost of such removal adjacent to each separate lot and parcel and shall deliver such information to the Clerk.
The owner of any property within the corporate limits of this municipality whose property abuts a public sidewalk shall keep the sidewalk in repair and safe for pedestrians. Repairs shall be made in accordance with standard specifications approved by the Council and on file in the office of the Clerk. The street commissioner shall make such inspections as are necessary to determine that public sidewalks are kept in repair and safe for pedestrians. If he finds that any sidewalk abutting private property is unsafe and in need of repairs, he shall cause a notice to be served, by registered mail or by personal service, upon the record owner of the property and the occupant, if the owner does not reside within the corporate limits of this municipality or cannot be found therein, ordering such owner to have the sidewalk repaired and made safe within 30 days and stating that if the owner fails to do so, the municipality will do so, that the expense thereof must be paid by the owner, and that if unpaid it will be made a special assessment against the property concerned. If the sidewalk is not repaired within 30 days after receipt of the notice, the street commissioner shall report the facts to the Council and the Council shall by resolution order the street commissioner, his agents or employees, to repair the sidewalk and make it safe for pedestrians or order the work to be done by contract in accordance with law. The street commissioner shall keep a record of the total costs of the repair attributable to each lot or parcel of property and report such information to the Clerk.
The owner of the property on which or adjacent to which a current service has been performed shall be personally liable for the cost of such service. As soon as the service has been completed and the costs determined, the Clerk shall prepare a bill and mail it to the owner and thereupon the amount shall be immediately due and payable at the office of the Clerk. On or before September 1st of each year, the Clerk shall list the total unpaid charges for each type of current service against each separate lot or parcel to which they are attributable under this ordinance. The Council may then spread the charges against the property as a special assessment under Minnesota Statutes, Section 429.101 and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes.
Subdivision 2. Water and Sewer. The cost of lateral water mains not exceeding 6” in diameter and of lateral sanitary sewer mains not exceeding 6” in diameter shall be assessed against abutting property on the basis of frontage. The cost of water mains to be assessed includes the service, lines if furnished, and valves. Hydrants will be paid for as a class A improvement. The cost of sewer mains includes service lines if furnished.
Subdivision 3. Street. The cost of construction of curbs and gutters on any street, a portion of “roughing in” or sub-base street construction, and a portion of the cost of applying permanent residential street surfacing shall be assessed on the basis of frontage. Only the ten feet of permanent and sub-base work adjacent to the abutting property will be assessed. The remainder of permanent surfacing and sub-base shall be pain from the General Fund because of the benefit of street surfacing to the general traveling public. The entirety of curb and gutter and other improvements shall be assessed to benefited properties.
Subdivision 4. Nuisances. The cost of abating nuisances and draining of swamps, marshes and ponds on public property and filling the same shall be assessed in a manner determined by the Council in each case to measure most equitably the benefit received by property to be assessed. The assessment in any case may be made against non-abutting property to the extent the property is benefitted by the improvement.
Subdivision 5. Storm Sewers. All of the costs of constructing storm sewer shall be paid by assessments against the property in the area served by the sewer on the basis of the square footage of the property. The area to be assessed shall be determined on the basis of topographic maps and other pertinent data.
SECTION 6. Special Rules. Subdivision 1. Corner Lots. In any assessment made on the basis of frontage, except one for water or sanitary sewer, corner lots shall be assessed corner lots will be assessed for frontage along the front of the lot plus one-half of the side footage; and the other half of the side footage shall be paid from general funds. In the case of an assessment for lateral water or sewer main (Class C), corner lots shall be assessed for the side footage.
Section 7. Federal, State and County Aid Use. If the city receives financial assistance from the federal government, the state, or the county to defray a portion of the cost of a street improvement project, such aid shall be first used to reduce the share of the project cost which would be met from general city funds according to the assessment formula contained in this ordinance. If such aid is more than the amount of the improvement costs to be borne by the city, the reminder of the aid so received shall be used to reduce each individual assessment proportionately.
Section 8. Branch Service Lines. Water and Sewer lines shall be installed from the main to the front property line of property to be served before any permanent street surfacing is constructed in the street. If any property owner fails to put in such water and sewer lines within 30 days after notice from the city council, the city council shall proceed to have water and sewer service installed and to assess the cost against the property. Hook up charges for both sanitary sewer and water lines may be required by the city.
Section 9. Partial Prepayment. After the adoption by the City Council of the assessment roll in any local improvement proceeding, the owner of any property specially assessed in the proceeding may, prior to the certification of the assessment or the first installment to the County Auditor, pay to the city treasurer any portion of the assessment. The remaining unpaid balance shall be spread over the period of time established by the Council for installment payment of the assessment.
Section 10. Certification of Assessments. After adoption of any special assessment by the Council, the clerk shall transmit a certified duplicate of the assessment roll with each installment, including interest, set forth separately to the County Auditor to be extended on the proper tax lists of the county.
Section 11. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication according to law.
Passed, Approved and Adopted this 9th day of January, 1995.
John Van Loy, Mayor
Attest:
Marilyn J Davis, City Clerk