06-14-2007 Charter Packet - Laserfiche WebLink

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That language is very broad, and clearly includes activities (e.g "maintaining pavement") that could reasonably be called "repairs." 2. Is a project to grade and resurface a road an improvement under Section 429.021 subd. 1(1)? Yes, for the reasons stated above. 3. Is it accurate to say that, under Chapter 429 and the Charter, an improvement can only be assessed if the improvement increases the value of the property being assessed? Yes. The test for all assessments is whether the market value of the assessed property is increased by at least the principal amount of the assessment. 4. Could a city specially assess properties for the cost of replacing street lamps and covers? Yes, under Section 429.021, Subdivision 1 (4), which authorizes a city "maintain" street lights and street lighting systems. In practice, it may be difficult to prove the increase in market value for that type of work. However, it is difficult to make blanket statements, and each project must be evaluated based on all the facts. In practice, assessments for this type of work are not common, but that is different from concluding that they impossible or illegal in all circumstances. 5. Could the owners along a road be specially assessed for the cost of replacing the driving surface of the road? Yes; see answer to Question -No. 1. Again, how -much of the -costs- could. be assessed is a separate question, and will depend on the facts of each case. 6. Does installing brighter street lights, adding curbs, installing a different road surface, or adding sewer and water turn a simple "repair" into an "improvement." No. Chapter 429 does not require that the "improvement" result in a change in the existing infrastructure. Changes and "add-ons" may increase the amount of assessment, as increase in market value might be easier to prove. But as noted above, maintenance costs might also increase the market value of benefited property. 7. If a new road is installed to serve a new development, does the City Charter call for the benefited owners to pay for that improvement? The charter itself doesn't require than any improvement be specially assessed. It simply states if an improvement is assessed, the procedures in Chapter 8 must be followed. A city might decide to finance a new road from other sources (state aid for example). It is 2