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Municipal Code

Chapter 13. Public Works

Sec. 13-96. Special assessments.

(1) When applicable. Benefitted properties shall be subject to special assessments, levied and collected in accordance with 66.0701 Wis. Stats. for the following public works or improvements:

  1. The opening of a street to traffic.
  2. The improvement of a street opened to traffic.
  3. The construction of a sanitary sewer main.
  4. The construction of a sanitary sewer or water service lateral.
  5. The construction, replacement or repair of a public sidewalk when done in connection with a street improvement project.
  6. The construction and installation of a water main if necessary to be done in connection with a street improvement project when, in the judgment of the council, it would be impractical for such water main to be installed under the rules of the Marshfield Utility Commission. If required, a deposit for the cost of the installation of such main shall be made from the general funds of the city.
  7. The construction of a storm sewer.

(2) Determining assessment rates for street construction. The following methods shall determine assessment rates for the opening of a street and improvements of a street:

  1. The total cost of construction (except for items of storm sewer construction) plus ten percent for engineering and administrative overhead shall be divided by the net centerline length of the project. The front-foot assessment rate shall be 33.33 percent of the resulting cost per lineal foot, except cases where federal, state or county funding is provided for the project to the extent of at least 66.67 percent thereof, when the front-foot assessment rate shall be 50 percent of the resulting city share of the cost per lineal foot.
  2. Where the project involves a cul-de-sac or different types of construction on the same project, the procedure in subsection (2)(a) of this section may be modified to more accurately determine the benefits accruing to each parcel of abutting property. In such case the total assessments levied shall not exceed 66.67 percent of the total cost of construction as determined in subsection (2)(a) of this section.
  3. For property used for agricultural, residential, educational, governmental or nonprofit corporation purposes, regardless of the zoning classifications therefor, the side-foot rate shall be 50 percent of the front-foot rate.
  4. For property used for any purpose other than those set forth in subsection (2)(c) of this section, the side-foot rate shall be 75 percent of the front-foot rate.
  5. Where construction consists of curb and gutter only without a permanent type pavement the side-foot rate shall be the same as the front-foot rate.
  6. For platted residential property where reversed frontage exists with the long side of the property fronting on the project, and where there is no possibility of further construction, the assessment at the front-foot rate shall not exceed 65 feet and the balance shall be assessed at the side-foot rate.
  7. When a parcel of residential property abutting the project has a lot line forming an interior angle of 65 degrees or less with the street right-of-way line then the equivalent frontage or sideage for assessment purposes shall be determined by dividing the area of the parcel by the greatest distance that can be measured from the street right-ofway line at right angles to such line. This shall not apply to a parcel of land whose lot lines are parallel or do not diverge more than 15 degrees from being parallel, nor shall it apply to sanitary sewer or sidewalk assessments.
  8. In the improvement of a street opened to traffic, it is determined that the maximum pavement construction that is necessary to serve abutting property zoned for agricultural or residential use is a Portland cement concrete pavement with curbs, 32 feet wide and seven inches thick, or asphalt pavement with curbs, 32 feet wide and 41/2 inches thick (two layers). Where pavement construction exceeds the above dimensions the total cost of construction specified in subsection (2)(a) of this section shall be based on a pavement of the dimensions stated in this subsectioin using prorated unit costs of actual pavement construction.
  9. In the improvement of a boundary street, the property abutting such street which was platted after August 26, 1975, shall be assessed on the basis of 50 percent of the costs of such construction, including engineering and administrative overhead as specified in section 19-63(2) of this Code.

(3) Determining assessment rates for sanitary sewer main construction. Procedures for determining assessment rates for sanitary sewer main construction shall be as follows:

  1. The total cost of construction plus ten percent for engineering and administrative overhead shall be divided by the linear feet of all benefited properties, including property outside the corporate limits, city-owned greenways and the side of a corner parcel where sewer has been previously installed and special assessments charged on the opposite side of such corner parcel.
  2. The rate so determined shall be applied to each linear foot of all benefited property except property referred to in subsection (3)(a) of this section as "included," and those assessments shall be paid by the city.
  3. The word "side" as used in subsection (3)(a) of this section shall mean either the front, side or rear of a parcel, whichever is applicable.
  4. Where the project involves construction in a cul-de-sac or in an easement, the procedures in subsection (3)(a)(3)(c) of this section may be modified to more accurately determine the assessments to be levied against abutting properties benefited by the construction.
  5. In the improvement of a boundary street, the property abutting such street which was platted after August 26, 1975, shall be assessed on the basis of 50 percent of the costs of such construction, including engineering and administrative overhead as specified in section 19-63(2) of this Code.

(4) Sanitary sewer and water lateral construction. The assessment for the construction of a sanitary sewer service lateral or water service lateral shall be 100 percent of the total cost of construction plus ten percent for engineering and administrative overhead. The cost of construction shall include all permit fees, connection charges and lift station fees where applicable.

(5) Sidewalk construction. The assessment for the construction, replacement or repair of a public sidewalk when done in connection with a street improvement project shall be 100 percent of the total cost of construction plus ten percent for engineering and administrative overhead.

(6) Determination of assessment rates for water main construction. The provisions of subsection (3) of this section shall apply to the assessment for the construction and installation of a water main when done pursuant to subsection (1)(f) of this section and section 19-63(2) of this Code.

(7) Determination of assessment rates for storm sewer. Procedures for determination of assessment rates for storm sewer shall be as follows:

  1. Platted after August 26, 1975. In the improvement of a boundary street, only the property abutting such street which was platted after August 26, 1975, shall be assessed. This assessment shall be determined on the basis of 50 percent of the costs of such construction, plus ten percent for engineering and administrative overhead.
  2. Storm sewer mains to be installed in rights-of-way acquired or existing subdivisions platted prior to August 26, 1975. The City of Marshfield shall install storm sewer mains on streets without curb and gutter on a shared-cost basis after petition by property owners or as determined to be needed by the council. All properties served by the new storm sewer or appurtenances shall be considered as part of the assessment district. Assessments shall be levied for 50 percent of the total cost of construction for a maximum sewer size able to handle up to 15 cubic feet per second of stormwater flow, including engineering and administrative overhead for projects budgeted by the council per the capital improvement program. No assessment shall be levied for the incremental cost of sewer size over and above a flow of water exceeding 15 cubic feet per second. The provisions of subsection (3) of this section shall apply to assessments for the construction and installation of a storm sewer main when done pursuant to this section.

(8) Connection charges when assessment not permitted. In the event that the city shall be required by law or court decision to provide the services described in subsection (3) of this section to property outside the corporate limits, and where section 13-99 of this Code does not apply, there shall be a connection charge made equal to the amount which would have been otherwise assessed. No such connection shall be permitted until such connection charges are paid or secured in a manner satisfactory to the city.

(Code 1982, 8.16)