Item Coversheet

Resolution

NO. 56

A Resolution confirming Special Assessment Roll #R-019 for Woodhaven Drive Improvements.

BATTLE CREEK, MICHIGAN - 1/22/2019

Resolved by the Commission of the City of Battle Creek:

 

The City Commission approved the plans, specifications and a cost estimate for the proposed 2019 Woodhaven Drive Developer Requested Special Assessment district at the December 4, 2018 Battle Creek City Commission meeting. The district includes Woodhaven Drive from Blackhawk Drive north to Cherrywood Lane. 

 

The Commission held a public hearing on the proposed special assessment on January 8, 2019 after having first provided notice as required under ordinance 216.09 on the proposed improvements.

   

No written or oral objections to proposed Special Assessment Roll #R-019 were received by the City Commission. The City Commission has determined that the proposed improvement of Woodhaven Drive to be financed by Special Assessment Roll #R-019 is necessary and in the best interests of the City. After hearing from all interested persons and after carefully reviewing the special assessment roll, the Commission determines the following:

 

1.  The special assessment roll is fair, just and equitable.

2.  The special assessment roll totals $29,900 and is assessed to the following parcels of land that benefit from the improvements:

 

Parcel Number:  Record Owner:

9840-00-002-0     CLASSIC AMERICAN HOME BUILDERS LLC

9840-00-004-0     CLASSIC AMERICAN LAND DEV II LLC

9840-00-005-0     CLASSIC AMERICAN LAND DEV II LLC

9840-00-006-0     CLASSIC AMERICAN LAND DEV II LLC

9840-00-007-0     CLASSIC AMERICAN LAND DEV II LLC 

9840-00-011-0     CLASSIC AMERICAN LAND DEV II LLC

9840-00-012-0     CLASSIC AMERICAN LAND DEV II LLC

9840-00-014-0     CLASSIC AMERICAN LAND DEV II LLC

9840-00-018-0     CLASSIC AMERICAN LAND DEV II LLC

 

The Battle Creek City Commission now decides to make the improvements and pay for them with special assessments in the following manner:

 

1.  The special assessment project will be Roll No. R-019.

2.  The assessment will be billed as ten (10) annual installments.

3.  The rate of interest to be charged on unpaid assessments and installments shall be five percent (5%).

4.  The Treasurer will mail the first installment bill on or about January 31, 2019. The first installment shall be due not later than October 31, 2019. Any unpaid installment and interest will be placed as a lien on the Winter tax roll of the same year.

5.  The Treasurer will mail future installment bills on or about January 31 each year. Any unpaid installment and interest shall be placed as a lien on the Winter tax roll of the same year.

 

The Battle Creek City Commission now confirms the Special Assessment Roll No. R-019 in accordance with Section 216.11 of the city's codified ordinances. The Commission also directs the City Clerk to endorse the date of confirmation on the assessment roll.

 









I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on January 22, 2019.


Victoria Houser


Battle Creek City Commission
1/22/2019
Action Summary

Staff Member: Jill Humphreys Steele, City Attorney 
Department:City Attorney 
SUMMARY 
A Resolution confirming Special Assessment Roll #R-019 for Woodhaven Drive Improvements.
BUDGETARY CONSIDERATIONS
The City will pay the cost of this road improvement from G/L string: 403.22.4031.801.310 - Local Streets Capital Projects. The property owners being assessed will repay this amount in full with annual installment payments to be paid in full within ten years.

HISTORY, BACKGROUND and  DISCUSSION

This is the final of four resolutions required by Chapter 216 of ordinances to implement special assessments for the 2019 Woodhaven Drive Road Improvement District Special Assessment Roll # R-019.  This resolution confirms the Special Assessment Roll No. R-019 for the Woodhaven Drive Special Assessment District. 

 

The master deed for the Woodlands at Cherry Wood Site condominiums was recorded in 2006. Construction for this Site Condominium development began in 2007.

 

A number of lots in the Woodlands at Cherry Wood were sold and homes built in that development, along with proper construction of the following streets within the development: Cherry Wood Lane; Blackhawk Drive; Apple Blossom Lane and Black Cherry Lane.

 

The last street in that development, Woodhaven Drive, has been paved but it was not constructed to proper standards and is deteriorating. As a result of the economic downturn several years ago, the Developer, Classic American Land Dev II LLC has been unable to properly construct the street known as Woodhaven Drive. There are 22 lots bordering each side of Woodhaven Drive, and nine remain vacant and owned by the Developers.

 

The Developers requested that the City reconstruct the street known as Woodhaven Drive, to be paid for through a special assessment that would then be attached to the remaining nine vacant lots which are owned by the Developer. The City believes that properly constructing this street will enhance the ability to attract purchasers for the vacant lots and further residential development within the City.

 

The attached resolution finalizes the process of implementing the special assessment to pay for the road improvements.


DISCUSSION OF THE ISSUE

POSITIONS

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