Agenda Packets - 1995/03/08 - Laserfiche WebLink

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Page 2 C. ASSESSMENT CRITERIA Three basic criteria must be satisfied before a particular parcel can be validly assessed. They are: 1. The land must have received special benefit from the improvement. 2. The amount of the assessment must not exceed the special benefit. 3. The assessment must be uniform in relation to the same class of property within the assessment area. The primary test for determining the validity of a special assessment is whether the improvement for which the assessment was levied has increased the market value of the property against which the assessment operates in at least the amount of the assessment. It is important to recognize the actual cost of extending an improvement past a particular parcel is not the sole determining factor in determining the amount to be assessed. An exception might be a project initiated by a single property owner/developer where market value increase may not be a relevant factor given the nature of the improvement. Another test for determining the validity of a special assessment is whether the assessment is based on a uniform method for all like classes of property. For example, the use of a front foot assessment for some properties and the use of a per lot assessment for other properties of the same class for a related improvement could result in a non-uniform assessment rate which could mean the assessment would be set aside or could be thrown out by the courts. D. INITIATION OF IMPROVEMENTS l Public improvements may be initiated in the following manner and is a summary of the l Mounds View Charter, Chapter 8, Section 8.04: 1. Council Initiated. The City Council, on its own motion and without petition, may order the improvement on at least a 4/5 vote of the City Council. However, the City must still follow all statutory provisions related to the local improvement process.