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COMPARISON OF ASSESSMENT RULES UNDER <br />CHAPTER 429, EXISTING CITY CHARTER, TASK FORCE PROPOSAL, <br />CHARTER COMMISSION PROPOSAL, AND CITIZEN PROPOSAL <br />Prepared by Stephen Bubul <br />Kennedy & Graven, Chartered <br />February 18, 2008 <br />1. SCOPE/APPLICAPILITY. <br />Chapter 429: <br />Existing Charter: <br />Task Force Proposal: <br />Charter Commission Proposal: <br />Citizen Proposal: <br />212 s <br />Governs the undertaking of all "improvements" "defined <br />in Section 429.021, but only if financed in whole or in <br />part with special assessments. <br />Substantially same as Chapter 429. <br />Same as Chapter 429. <br />The terms "public improvements and "local <br />improvements" are not defined. All public <br />improvements funded in part through either general <br />revenue or special assessments must be "primarily <br />designed to give a direct benefit to property currently <br />occupied by residents or businesses in the City." Section <br />8.01, subd. 2. The "direct benefit rule" applies to all <br />types of improvements, even where special assessments <br />are not used. However, the balance of the proposal only <br />describes procedures for special assessments, so the <br />procedures for improvements funded by general revenue <br />(without assessments) are unclear. <br />The proposal goes beyond the scope of Chapter 429 and <br />the Existing Charter in three additional ways: <br />(i) <br />prohibits use of special assessments <br />and general revenues to fund <br />improvements "primarily designed <br />to open up new areas of the City for <br />development;" <br />(ii) prohibits use of special assessments <br />for maintenance; and <br />(iii) prohibits City from requiring <br />property to connect to sanitary <br />sewers if served by a properly <br />working private sewage disposal <br />system (with provision for later <br />connection). <br />Same as Charter Commission Proposal. <br />1 <br />