Franklin council approves special assessment for South Lovers Lane water main

The City of Franklin Common Council on Aug. 5 voted 6-0 to adopt a final resolution levying special assessments on seven properties to pay for a completed water-main installation along the east frontage of South Lovers Lane from West Hertel Place to South Phyllis Lane. The resolution directs staff to prepare assessment amounts consistent with prior notices and the city code.

Council members and city engineering staff told residents the water main is already built and the council action formalizes the special-assessment process. The engineering department said the project was bid and completed after a multi-year process that began with a resident survey in February 2022 and professional services agreements in 2022; the bid opening occurred in March 2024 and the project reached its completion date in June 2024. Engineering staff said five of seven certified mailed notices were returned as proof of delivery.

Why it matters: Special assessment proceedings assign the project cost to properties that physically benefit from the improvement. Several homeowners raised concerns about cost, timing and whether grant funding or water-impact-fee credits were available. Council members pressed staff for clarity about deferments, financing and whether homeowners who keep private wells would still face the assessment.

Key details: Engineering staff reported the original survey returned three responses (one in favor, two opposed) and that the water-impact fees were not applicable; the engineering department recommended the project be specially assessed to benefited properties. Staff cited municipal code provisions allowing deferment and financing: eligible property owners may apply for up to a 10-year deferment, after which the assessment becomes active and may be placed on the tax roll with payment plans of up to 12 years at 6% interest (as described by the director of finance). The city also noted it maintains a utility development fund that can be used to subsidize specially assessed projects when excess funds exist, but historical practice had been to assess the full cost to benefited properties.

Council and resident exchanges: Residents asked how many properties would be assessed; staff clarified seven properties would be assessed (the water main fronts eight parcels but one already had a lateral and was not considered a benefited property for assessment). A homeowner asked whether staying on a private well would avoid the assessment; staff repeatedly said the assessment applies whether or not a homeowner connects to city water. The council noted that property owners may apply for deferment under city ordinance and that the assessed dollar amount is calculated at the price set when the project costs were final; a deferment does not change the assessed principal but may shift when interest and financing begin to accrue.

Legal/procedural notes: The engineering presentation cited municipal code 207-17(d) regarding continuing well operation permits for owners who hook to city water but keep certain well-related spigots; staff said property owners may retain some outdoor spigots if they obtain the required permit and meet the code conditions.

Outcome and next steps: Alderman Pacarelli, Alderman Eichmann, Alderman Hassan, Alderman Dey, Alderman Salouse and Alderman Craig voted aye on the roll call; motion carried and the resolution passed. Staff will prepare the assessment rolls and follow the statutory notice and collection procedures, including application processing for deferments and the option for property owners to enter the payment plan described in the packet.