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December 27, 2000 <br />Page 3 <br />in the market value. Some improvement projects confer a general benefit to the public as <br />well as a special benefit to a particular property owner. This occurs where a water main is <br />constructed to complete a looped system or where a road is constructed to a higher standard <br />than a normal city street. Since the improvement project cost is greater than the amount of <br />cost that can be specially assessed, the amount of the deficit needs to be financed out of <br />general funds or by State, County, or State Aid funds. If a city levies special assessments <br />in excess of the amount of special benefit conferred on a particular parcel, it would be <br />considered an unconstitutional taking of property without compensation. <br />SUMMARY <br />As the City reviews its assessment policy, it should keep the above principles in mind. <br />Although no assessment policy is perfect, most assessment policies can at least achieve an <br />equitable spread of the assessment against benefitted parcels. There will always be unusual <br />cases that need to be dealt with on an individual basis by the City Council. If you have any <br />questions, please contact me. <br />JPF:lk <br />Very truly yours, <br />Jerome villa <br />1 <br />