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tax, and motor vehicle registrations for that matter, is paid to the state <br />without direct correlation to the return you receive. The gas tax is the <br />same if one drives only on freeways, state roads, county roads, MSA roads or <br />city streets. At best, the gas tax is a proxy for an individual or entity's <br />use of a public good called roads. Therefore, making a connection between <br />how much gas tax an individual or entity pays or generates or the amount <br />collected in a city, county or area as compared to the distribution derived <br />by such is very difficult and probably inappropriate. <br />Roads as a Public Good <br />The public road system is generally considered a"public good". While there <br />is certainly a utilitarian value that may be different for each property (a <br />retail store has a greater need for a higher volume road than a homeowner <br />might), there is a broader value to all members of the community. For <br />example, as a homeowner, it is in my interest to have good roads around <br />Rosedale to provide greater access, to provide greater profits, to provide <br />higher business value, to reduce my taxes. By the same argument, Rosedale <br />has an interest in me having a good road system. This circular argument can <br />be played out in many ways with all sorts of caveats and exceptions but for <br />this memo, this simple example presents the concept of "public good". <br />As a public good, this resource, shared by all, is supported by federal, <br />state and local funds generally. Local funds include trust fund <br />distributions, property taxes and special assessments. In my judgment, any <br />policy developed for each of these revenue sources must be cognizant of the <br />effects that policy has on the others. There is a balloon effect (push in <br />one place, it must expand somewhere else). A policy based solely on the <br />concept of roads being a public good would suggest that there would be a <br />single assessment policy for all properties and ignore whether the property <br />was on a MSA road or not. <br />Functionality <br />A third key issue is the issue of functionality. Roads are designed and <br />built to serve a particular function. A freeway serve's a unique funCtiOn <br />in the same way that a neighborhood street serves a function. An assessment <br />policy should be sensitive to what the function of the street is. For <br />instance, having a home located on a high volume MSA Collector Street does <br />serve the same function as having a home on a cul-de-sac. While <br />functionality can be considered in an assessment policy, determining a <br />functional value of a road for each property or even type of property would <br />be very difficult and might require a parcel-by-parcel determination. <br />Overburden <br />Another important concern is the issue that was brought up by Council Member <br />Maschka. It is the issue of overburden. Having a home on a high traffic <br />street carries burdens that may not be found on a low traffic street. The <br />high traffic may make for more difficult access to a property; more noise <br />and other inconveniences would be parts of the perceived overburdens. The <br />counter argument would be that the heavier volume street is repaired more <br />quickly, the snow plowed sooner, etc. Just like the issue of <br />functionality, placing a value on net overburden for a property or <br />properties would be extremely difficult. <br />Value of the Improvemeht <br />A key consideration when determining a special assessment on a <br />property is whether the improvement increases the value of the property. <br />Case law suggests that there needs to be a correlation between a special <br />assessment and the increased value of a property. This is also an <br />extremely difficult thing to do, as there are so many factors that play a <br />role in valuing property. The quality of the road is only one of hundreds <br />of factors that are considered when putting a willing buyer and willing <br />seller together. The difficulty is even greater when you are dealing with <br />properties that exist out of the normal market place. Properties like <br />churches that are unlikely to have a"sale price or market value" have no <br />base to begin a value added comparison. Further complicating the issue is <br />that one must consider both the value gain but also the value lost if <br />streets are not improved. <br />2 <br />