1.A.  Purpose.  The City of Asbury has the right to assess improvements within a specified district as allowed by Iowa Code Chapter 384.  The purpose of this Policy is to provide guidelines for the payment for the construction and reconstruction of public improvements for which the City intends to finance through the use of special assessments. 

1.B. Assessment District.  The levy of special assessments and this Policy are not intended to limit the projects and purposes for which special assessments may be made under Chapter 384, Code of Iowa, or any other authority authorizing special assessments.  The specified district shall include all privately-owned property included within the area described which abuts upon the street to be improved or abuts the improvement to be undertaken by the City. 

1.C.  Assessment Policy.  Notwithstanding the specific assessment percentages contained herein, it is the policy of the City to consider all factors deemed pertinent in rendering special assessments in accordance with the special benefit conferred upon the private property, and to further ensure that any assessments are not in excess of such benefits.  Generally, a private property owner will be 100% responsible for the costs associated with the replacement of private services, i.e. water services, sanitary sewer laterals, and driveway aprons.

2.  Assessment Formula Streetlights.  For a special assessment construction project, a standard city streetlight, as defined by the City of Asbury Code of Ordinances 166.18 (16), and enforceable at the time of plans and specifications are approved by the council, will be paid 100% by the City.

Increases or upgrades from the city streetlight standard will be 100% assessed to the property owners.  Approval of variation from the streetlight standard will be at the sole discretion of the city council.

3.  Assessment Formula Storm Sewer.  For a special assessment project, expenses associated with storm water systems, utility access points, catch basins, and subsurface tile lines draining to the roadway will be paid 100% by the City.

4.  Assessment Formula Sanitary Sewer.

1.  Private Laterals.
   1. The property owner shall pay 100% of all costs associated with the construction of the private lateral from the dwelling to the right of way easement.
   2. The property owner shall pay 100% of all costs associated with the construction of the private lateral from the right of way to the connection at the sewer main.  The property owner shall be assessed an amount equal to the assessed portion divided by the number of lateral connections provided within the limits of the improvement project.
   3. If the sanitary sewer main is not located in the right of way, the property owner shall pay 100% of all costs associated with the construction of the private lateral to the connection at the sewer main.
2. Sanitary Sewer Mains.
   1. An amount not to exceed 25% of all costs will be specially assessed among the lots within the assessment district.
   2. The property owner shall be assessed based in part on an amount equal to the assessed portion divided by the number of lateral connections provided within the limits of the improvement project.
   3. The City shall pay a minimum of 75% of all costs associated with the construction of sewer mains.
   4. The City shall pay 100% of sanitary sewer mains that are upsized for future development or abandoned and replaced to better serve the overall system.

       

   5.  Assessment Formula Water.

   6.   Assessment Formula Streets, Curb, Gutter, Sidewalks.

   A.  Residential Assessment.  For a special assessment street reconstruction project that is a residential street (all streets other than those defined herein as arterial or collector streets) the property owner will pay an amount not to exceed 25% and the City will pay a minimum of 75% of the total street reconstruction costs for a standard residential street per street specifications in Chapter 166.19 of the City of Asbury Code of Ordinances or any other ordinance in effect at the time the assessment is levied.  Property owners will be assessed in part based on lineal foot of frontage.  For odd shaped lots, such as cul-de-sacs, triangular shaped or other oddly shaped lots, the adjusted front footage is computed by dividing the area of the lot, by the average depth of the lots in the assessment project for the purpose of rendering assessments in accordance with the special benefit conferred upon the personal property.

   B.  Arterial and Collector Assessment. For the purposes of this Policy, arterial or collector streets are defined by “Iowa Department of Transportation Urban Federal Functional Classifications.”  For a special assessment street reconstruction project that is an arterial or collector street the City will pay 100% of the excess width and materials that exceed residential street specification in Chapter 166.19 of the City of Asbury Code of Ordinances.  The property owner will pay an amount not to exceed 25% and the City will pay a minimum of 75% of the total street reconstruction costs for a standard residential street per street specifications in Chapter 166.19 of the City of Asbury Code of Ordinances.  Property owners will be assessed in part based on lineal foot of frontage.  For odd shaped lots, such as cul-de-sacs, triangular shaped or other oddly shaped lots, the adjusted front footage is computed by dividing the area of the lot, by the average front footage of the lots in the assessment project for the purpose of rendering assessments in accordance with the special benefit conferred upon the personal property.

   C.  Sidewalks.  For a special assessment project, all costs associated with sidewalks required to be installed shall be paid by the property owner in an amount not to exceed  25% of the total cost of the sidewalk to be installed.  Property owners will be assessed in part based on lineal foot of frontage.

   7.  Retaining Wall/Fence.  If a sidewalk is required and the City engineer recommends the necessity of a retaining wall and/or fence, then the City may assess the costs associated with the retaining wall and/or fence to the extent such wall and/or fence confers special benefits on the personal property  If a sidewalk is required and a 3:1 slope may be constructed in lieu of a wall/fence and will not impact structures, and the property owner desires a wall/fence, then the property owner will be responsible for 100% of the costs of the retaining wall/fence.

   8.  Roundabouts.  The City shall pay 100% for the construction and maintenance of a roundabout.

   9.  Application of Funding Received from Grants and Reimbursements.  If the City secures a grant or other reimbursement for the purpose of payment for city infrastructure for a city special assessment project the proceeds from the payment will be applied to the project as follows:

   1. City Share – Streets, Curb and Gutter; then
   2. City Share – Storm Sewer Improvements; then
   3. City Share- Streetlights; then
   4. City Share Sanitary Sewer Main; then
   5. City Share Water Main; then
   6. Engineering, Administration, Change orders; then
   7. City Share retaining wall, fences; then
   8. Property Owner share – Streets, Curb and Gutter;, then
   9. Property Owner share – Sanitary sewer main; then
   10. Property Owner share – Water main; then
   11. Property Owner share – Sanitary sewer lateral; then
   12. Property Owner share – Water lateral; then
   13. Sidewalks

1. Private Laterals.
   1. The property owner shall pay 100% of all costs associated with the construction of the private lateral from the dwelling to the right of way easement (shut off valve).
   2. The property owner shall pay 100% of all costs associated with the construction of the private lateral from the right of way to the connection at the water main.  The property owner shall be assessed an amount equal to the assessed portion divided by the number of lateral connections provided within the limits of the improvement project.
   3. If the water main is not located in the right of way, the property owner shall pay 100% of all costs associated with the construction of the private lateral to the connection at the water main.
2. Water Mains.
   1. An amount not to exceed 25% of all costs will be specially assessed among the lots within the assessment district.
   2. The property owner shall be assessed based in part on an amount equal to the assessed portion divided by the number of lateral connections provided within the limits of the improvement project.
   3. The City shall pay a minimum of 75% of all costs associated with the construction of water mains.
   4. The City shall pay 100% of water mains that are upsized for future development or abandoned or replaced to better serve the overall water system.

1. Water Main Reconstruction Projects that are not in conformance with City Code.
   1. The City shall pay 100% of the cost of reconstruction of the public water main less than 6” in diameter that is in service as of the date Resolution  142-06 is approved.

10.   If a property is a corner lot or odd shaped lot (lot that has more than two sides with street frontage), then the lineal front footage will be assessed an amount not to exceed 25% of total construction costs and the remaining side and rear frontages will be assessed an amount not to exceed 25% of total construction costs and then receive an abatement of 25% on the side and rear frontages.

11.  If a property is assessed for street reconstruction more than once in a five year period, then the property owner may receive an abatement of only the street reconstruction as follows:

            0-1 Year                      25% of street reconstruction costs

            1-2 Years                     20% of street reconstruction costs

            2-3 Years                     15% of street reconstruction costs

            3-4 Years                     10% of street reconstruction costs

            4-5 Years                    5% of street reconstruction costs

            Greater than 5 Years   No reduction

12.  If a property has previously been assessed for sidewalk and driveway improvements and the sidewalk and driveway improvements are in new condition and not need of repair, then the property owner will not be be assessed for sidewalk and driveway improvements.

13.  Special Assessment Financial Assistance Policy. 

Per Iowa Code Section 384 City Finance – Property Taxes and Funds allows for the City to assess certain costs to private property for public improvements, including and not limited to, roads, curb and gutter, storm sewer, water and sewer.  Upon completion of the Special Assessment Project, the City Engineer prepares the Final Assessment Schedule. City Council then adopts the schedule and provides notice to the property owners.  Property owners are given 30 days to pay the special assessment without interest.  Unpaid Special Assessments are then filed with the County Treasurer and the Special Assessment may be paid over a period of ten years. 

In the event the Special Assessment is a financial hardship for the homeowner, the homeowner may apply to the City for financial assistance.  Homeowner must be below 80% of the HUD median income for Dubuque County; reside at the property that is being assessed and total assets may not exceed $10,000.  Property owner may file for financial assistance for the period from receipt of the preliminary special assessment amount to the receipt of the final special assessment amount.  Applications are available from the City Clerk.

The application will be reviewed and if approved,

1. The amount of financial assistance will be determined after the final assessments are calculated.
2. Cost related to installation of the water lateral and other water improvements from the water main to the house are not eligible for financial assistance.
3. City to pay the special assessment installment annually over a period of ten years.  If the house is sold prior to the final payment of the remaining special assessment balance, then the property owner is responsible for remaining special assessment payments.
4. Income and assets will be updated annually on October 1.

14.  Hearing and Assessment.  The City Clerk shall set a time and place for hearing in accordance with Section 384.49, of the Code of Iowa. 

15.  Billing and Certifying To County.  If, after the adoption by the City Council of the assessment against each lot, part of lot, or parcel of land, any assessment or any part thereof shall remain unpaid the unpaid assessment will be certified to become a lien on the lot(s) within the special assessment district as provided by Division IV, Chapter 384, Code of Iowa.

                                                            Adopted Resolution 226-2022  October 25, 2022