Fiscal Note
During the fiscal year of September 2006 through August 2007, net expenditures totaled $678,664.00; of which $571,090.39 is considered assessable; and $107,573.61 is for State properties, which may not be recoverable by the city. Net revenues of $121,300 were included in the 2006 Parks Division operating budget. Additionally, wages and benefits in the sum of $15,287 for the increase of one Public Worker Maintenance Worker II on the Mall staff will be fully funded by the State Street Mall/Capitol Concourse. All $15,287 will be added to the assessable amount shown above for a grand total of $586,377.39 in assessable charges. There are no anticipated impacts on cost controls or the tax levy.
Title
To approve the schedule of Special Charges for the State Street Mall/Capitol Concourse for 2006/07 Maintenance Charges.
Body
Preamble
Since 1982, a portion of the costs to maintain the State Street Mall and Capitol Concourse (Mall Concourse) have been recovered by assessing special charges against properties in proximity to the Mall/Concourse. These charges have been generally calculated in accordance with Council Resolution 37,401, which was adopted October 6, 1981 and adopted a policy for assessing costs of maintenance of the said State Street Mall-Capitol Concourse. This policy incorporates Chapter 66.0627 of the Wisconsin Statutes enabling the City of Madison to assess costs for "Services Rendered" (i.e. maintenance to include cleaning, snow plowing, etc.) at the conclusion of the service year rather than at the beginning of the service year.
The special charges do not include any calculation for properties of the State of Wisconsin. The State is not obligated to pay these charges and has never been formally invoiced for these related expenses. However, the State may not be prohibited from reimbursing the City for its portion of these costs.
WHEREAS, Resolution No. 35,075 dated October 23, 1979, mandated that a portion of maintenance costs be specially charged to properties within the State Street Mall/Capitol Concourse District, and
WHEREAS, Resolution No. 37,401 dated September 29, 1981, adopted a policy for specially charging maintenance costs, and
WHEREAS, The City Attorney has determined that the provisions of Wisconsin Statute 66.60(16) shall be followed in the levying of special charges for said maintenance costs.
NOW, THEREFORE, BE IT RESOLVED:
1. That the 2006/2007 Special Charges for the State Street Mall and Capitol Concourse shall be provided in Schedule A and are hereby adopted in accordance with Sections 4.09(13) and 4.09(14) of the Madison General Ordinances;
2. That such Special Charges shall not be payable in installments;
3. That these Special charges shall represent an exercise in the police power of the City of Madison; and,
4. That notice of the special charges shall be mailed to each property owner separate from their real estate property tax bill for the City of Madison for the Mall Assessment Year 2007.
5. That the date by which such special charges shall be paid in full to the City Treasurer is April 30, 2008 and if not paid by the date, the charges will be added to the following year's tax roll.
Notice
Section 4.09(14) provides that, "Any person against whose land a special assessment has been levied under this ordinance shall have the right to appeal there from in the manner prescribed in Section 66.0627, Wisconsin Statutes, within forty (40) days of the day of final determination by the governing body."
NOTE: Amendment is to reflect the current version of the State Statute i.e. Sec. 66.0627. The previous version of that statute was Chapter 66.60(12) of the Wisconsin Statutes