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HomeMy WebLinkAbout15. 22-12DECEMBER 14, 2021 JANUARY 11, 2022 21-608 22-12 ORDINANCE FIRST READING SECOND READING (CARRIED__7-0____ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: AMEND PORTIONS OF CHAPTER 14 STORM WATER MANAGEMENT, CHAPTER 24 WASTEWATER SYSTEMS, CHAPTER 25 STREETS AND SIDEWALK AND CHAPTER 28 WATER PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES AND METHODS OF PAYMENT AND CREATE CHAPTER 21 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING PORTIONS OF CHAPTER 14 STORM WATER MANAGEMENT, CHAPTER 24 WASTEWATER SYSTEMS, CHAPTER 25 STREETS AND SIDEWALK AND CHAPTER 28 WATER PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES AND METHODS OF PAYMENT AND CREATING CHAPTER 21 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 14-3 of the Oshkosh Municipal Code pertaining to Storm Water Management is hereby repealed and recreated to read as follows: SECTION 14-3 CREATION There is hereby established a Storm Water Utility in the City of Oshkosh. The operation of the Storm Water Utility shall be under the supervision of the Director of Public Works. DECEMBER 14, 2021 JANUARY 11, 2022 21-608 22-12 ORDINANCE FIRST READING SECOND READING CONT’D SECTION 2. That Section 14-3.1 of the Oshkosh Municipal Code pertaining to Storm Water Management is created to read as follows: SECTION 14-3.1 PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS The city, acting through the Storm Water Utility, may without limitation due to enumeration, acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair, conduct, manage and finance such facilities, operations and activities, as are deemed by the city to be proper and reasonably necessary for a system of storm and surface water management and the public health, safety and welfare. These facilities may include, without limitation due to enumeration, surface and underground drainage facilities, sewers, watercourses, retaining walls, detention basins, streets, roads, ditches and such other facilities as will support a storm water management system. The Board of Public Works shall supervise actual construction work, shall report on same to the Common Council and shall follow its instruction. The cost of installing, constructing or maintaining any public work or improvement or providing any current service may be charged in whole or in part to properties benefitting from the installation, construction or maintenance of the public improvements or current service as provided within Chapter 21 of this Municipal Code. SECTION 3. That Section 24-1 of the Oshkosh Municipal Code pertaining to Wastewater Systems is hereby repealed and recreated to read as follows: SECTION 24-1 CREATION There is hereby established a Wastewater Utility in the City of Oshkosh. The operation of the Wastewater Utility shall be under the supervision of the Director of Public Works. DECEMBER 14, 2021 JANUARY 11, 2022 21-608 22-12 ORDINANCE FIRST READING SECOND READING CONT’D SECTION 4. That Section 24-3 of the Oshkosh Municipal Code pertaining to Wastewater Systems is repealed and recreated to read as follows: SECTION 24-3 PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS The city, acting through the Wastewater Utility, may without limitation due to enumeration, acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, repair, conduct, manage and finance such facilities, operations and activities, as are deemed by the city to be proper and reasonably necessary for a wastewater management system and the public health, safety and welfare. These facilities may include, without limitation due to enumeration, surface and underground facilities, sewers and such other facilities as will support the wastewater management system. The Board of Public Works shall supervise actual construction work, shall report on same to the Common Council and shall follow its instruction. The cost of installing, constructing or maintaining any public work or improvement or providing any current service may be charged in whole or in part to properties benefitting from the installation, construction or maintenance of the public improvements or current service as provided within Chapter 21 of this Municipal Code. SECTION 5. That the phrase “Water Utilities Bureau Manager” in Section 24-6.1(I) and in Section 24-6.6 of the Oshkosh Municipal Code shall be replaced with the phrase “Utility Operations Manager.” SECTION 6. That the following sections of Chapter 25 of the Oshkosh Municipal Code pertaining to Special Assessments related to Streets and Sidewalks are hereby repealed: Sections 25-10, 25-11, 25-61 and Article X of chapter 25 (sections 25-83 through 25-90) DECEMBER 14, 2021 JANUARY 11, 2022 21-608 22-12 ORDINANCE FIRST READING SECOND READING CONT’D SECTION 7. That Section 28-1 of the Oshkosh Municipal Code pertaining to the Water Utility is hereby repealed and recreated to read as follows: SECTION 28-1 CREATION There is hereby established a Water Utility in the City of Oshkosh. The operation of the Water Utility shall be under the supervision of the Director of Public Works. SECTION 8. That the phrase “Department of Public Utilities” in Section 28- 2(B) of the Oshkosh Municipal Code is hereby replaced with the phrase “Department of Public Works.” SECTION 9. That Section 28-3 of the Oshkosh Municipal Code pertaining to the Water Utility is hereby repealed and recreated to read as follows: SECTION 28-3 PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS The city, acting through the Water Utility, may without limitation due to enumeration, acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, repair, conduct, manage and finance such facilities, operations and activities, as are deemed by the city to be proper and reasonably necessary for a water system and the public health, safety and welfare. These facilities may include, without limitation due to enumeration, surface and underground facilities, water mains, laterals, and such other facilities as will support the water system. The Board of Public Works shall supervise actual construction work, shall report on same to the Common Council and shall follow its instruction. The cost of installing, constructing or maintaining any public work or improvement or providing any current service may be charged in whole or in part to properties benefitting from the installation, construction or maintenance of the public improvements or current service as provided DECEMBER 14, 2021 JANUARY 11, 2022 21-608 22-12 ORDINANCE FIRST READING SECOND READING CONT’D within Chapter 21 of this Municipal Code. SECTION 10. That Chapter 21 of the Oshkosh Municipal Code pertaining to public construction and services / methods of payment / special charges / special assessments is hereby created to read as shown on the attachment to this ordinance. SECTION 11. This ordinance shall be in full force and effect from and after its passage, and publication. SECTION 12. Publication Notice Please take notice that the City of Oshkosh enacted ordinance AMEND PORTIONS OF CHAPTER 14 STORM WATER MANAGEMENT, CHAPTER 24 WASTEWATER SYSTEMS, CHAPTER 25 STREETS AND SIDEWALK AND CHAPTER 28 WATER PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES AND METHODS OF PAYMENT AND CREATING CHAPTER 21 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING PORTIONS OF CHAPTER 14 STORM WATER MANAGEMENT, CHAPTER 24 WASTEWATER SYSTEMS, CHAPTER 25 STREETS AND SIDEWALK AND CHAPTER 28 WATER PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES AND METHODS OF PAYMENT AND CREATE CHAPTER 21 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS) on January 11, 2022. The ordinance updates and clarifies city ordinances relating to public construction and payment for public construction. The ordinance consolidates special assessment provisions for streets, sidewalks and utility construction in newly created Chapter 21 within the Municipal Code; clearly defines the Storm Water, Water and Wastewater Utilities; authorizes the use of special charges and special assessments for public construction as provided in the newly created Chapter 21 and the City of Oshkosh Policy for Special Assessments; updates references current State Statutes, ordinances and positions within the City of Oshkosh. The ordinance transfers some responsibilities for the special assessment process to the Finance Department and expands property owners options for paying amounts due in installments but does not otherwise change current policy pertaining to special charges or special assessments. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. TO: Honorable Mayor & Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: December 8, 2021 RE: Amend Portions of Chapter 14 Storm Water Management, Chapter 24 Wastewater Systems, Chapter 25 Streets and Sidewalk and Chapter 28 Water Pertaining to Public Construction and Services and Methods of Payment and Create Chapter 21 of the City of Oshkosh Municipal Code Pertaining to Public Construction and Services/ Methods of Payment/ Special Charges/ Special Assessments BACKGROUND With recent changes to the finance accounting system, staff has reviewed the current processes for special assessment preparation and billing and is recommending two overall changes – one is to update and reorganize provisions pertaining to special assessments into a single chapter and the second is to move responsibilities for the special assessment payment elections and billing to the Finance Department. The City has statutory authority to specially assess for certain public construction. Currently, the City’s Municipal Code collects all of the special assessment provisions in Chapter 25 – Streets and the Council has separately adopted a Special Assessment Policy which governs many of the details of the Special Assessment process. Under the proposed revision, staff is proposing to update provisions in the Streets and Utilities Chapters to provide for clear references and to move all assessment provisions into new Chapter 21. Except for the transfer of certain responsibilities to the Finance Department noted above and expansion of the ability of property owners to take advantage of financing options, the proposed ordinance does not change current practices dealing with special assessments. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us While staff continues to review the special assessment process generally, this ordinance does not address the proposed transportation utility fee or propose any changes to the current assessment policy which has been separately adopted by the Council. ANALYSIS Attached to the proposed ordinance are annotated copies which briefly explain each section of the proposal. In general, the current municipal code provisions for the utilities are not consistent with each other and contain some outdated references in relation to the organization of the Public Works Department and titles of employees. The current code also relies on statutory language for public construction and payments and while the utility sections rely on the special assessment scheme set forth in Chapter 25- Streets for such things as payment plans and interest rates, they do not currently explicitly reference those sections. The proposed revision would update the municipal code provisions related to each utility to make them consistent with each other and to explicitly reference the special assessment process which is proposed to be moved from the Streets Chapter into its own Chapter of the Code. The Special Assessment process is updated to specifically reference the City’s Special Assessment Policy and to identify where that policy may be found. The proposed language also makes clear that any deviation from the approved policy must be approved by Council and provides notice to any person against whose property a special assessment is levied of their right to appeal the special assessment as provided by State Statutes. The proposed ordinance updates and clarifies language pertaining to the certification process and once certified, shifts the responsibility for sending out notices to property owners of payment election and collection of amounts due to the Finance Department. The Finance Department has requested this change and will track and update files through the Munis System. Staff is also proposing to change the election and payment process to allow any assessment amount to be paid over time. Currently, the City would require any assessment in an amount of less than $500.00 to be paid in full upon invoice and limits a property owner’s choices in relation to assessments for cold mix asphalt. Because any amount may be a hardship given an individual’s personal circumstances, staff is proposing to remove the dollar limits and limits on cold mix asphalt and permit anyone receiving an assessment in any amount to choose whether to pay the amount in full, over City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us a five-year, ten-year or fifteen-year period. Amounts not paid in full would carry interest at a rate of 4% and any unpaid amount could be paid in full at any time. The proposed changes have been reviewed by the City Attorney’s Office, the City Clerk’s Office, the Finance Department, and the Department of Public Works. FISCAL IMPACT There is minimal anticipated fiscal impact associated with the proposed ordinance change. While staff is proposing that the City allow some additional amounts to be financed overtime, these amounts are relatively small and would carry interest. The Finance Department also added an employee specifically to process and track special assessments. RECOMMENDATION Staff recommends adoption of the Ordinance. Respectfully Submitted, Approved: Lynn A. Lorenson Mark A. Rohloff City Attorney City Manager CHAPTER 21 PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS The City of Oshkosh finds that it is necessary to protect the health, safety, welfare and property of its residents and business owners through the installation, construction, reconstruction and maintenance of public works and facilities including but not limited to water mains, services, and appurtenances; sanitary sewer mains, services and appurtenances; storm sewers mains, services and appurtenances; public streets and sidewalk; bike and pedestrian ways; landscaping; street lighting and associated amenities. The City of Oshkosh also finds that it is necessary to provide reasonable, equitable and sustainable funding sources for these purposes which may include public financing through bonding or other means, special assessments, special charges and financing through utilities. The City has created and maintains separate utilities for water (Chapter 28 of this Municipal Code), wastewater (Chapter 24 of this Municipal Code), and storm water (Chapter 14 of this Municipal Code). ARTICLE I. SPECIAL CHARGES SECTION 21-1 SPECIAL CHARGES Special Charges may be imposed against real property for current services rendered by allocating all or part of the cost of the service, together with an administrative fee as may be adopted by Resolution of the Council, to the property benefited as provided in Sec. 66.0627 of the Wisconsin Statutes. Where such charge is specifically authorized by a specific provision within this Municipal Code, such provision shall constitute notice of the special charge, except as additional notice may be required by statute or ordinance. ARTICLE II. SPECIAL ASSESSMENTS SECTION 21-2 SPECIAL ASSESSMENTS POLICY The City of Oshkosh “Policy for Special Assessments” as adopted by the Common Council shall be kept on file in the Office of the City Clerk, the Finance Department and in the Office of the City Engineer within the Department of Public Works for the City of Oshkosh. Copies of the Policy shall be available for public inspection during usual business hours. SECTION 21-3 SPECIAL ASSESSMENTS AUTHORIZED (A) In addition to any other methods provided by law, the cost of installing, constructing or maintaining any public improvement or providing any current service may be charged in whole or in part to properties benefitting from the installation, construction or maintenance of the public improvements or current service and special assessments may be levied against the properties benefited in accordance with Subchapter VII of Chapter 66 of the Wisconsin Statutes and the City’s Special Assessment Policy. Any assessments not provided for within the policy or deviations from the provisions of the Special Assessment Policy shall be specifically approved by the Common Council. Upon certification, property owners may pay the assessment in accordance with the following sections. (B) Any special assessment levied under this ordinance shall be a lien against the property assessed from the date of the final resolution determining the amount of the levy. (C) Any person against whose property a special assessment is levied may appeal therefrom in the manner prescribed by Section 66.0703 of the Wisconsin Statutes within ninety (90) days of the date of the final resolution. SECTION 21-4 CERTIFICATION OF FINAL ASSESSMENTS / NOTICE OF ELECTION OF INSTALLMENT PAYMENTS (A) Upon acceptance of the particular public improvement involved, the Board of Public Works shall issue a Certification of Final Levy of Special Assessments similar to the Certificate specified in Section 66.0713 of the Wisconsin Statutes. (B) Upon certification of the project by the Board of Public Works: (1) The City Clerk shall publish as a Class 1 Notice, an Installment Assessment Notice similar to the notice specified in Section 66.0715(3)(e) of the Wisconsin Statutes stating that the City has determined to permit collection of the same in annual installments as specified in this Article and the initial and final resolutions of Council. (2) The Finance Director shall notify all property owners who are eligible to make an election for payment under the provisions of this Article that they shall have thirty (30) days from the date of the notification to select a payment option. (C) The election to utilize an installment plan as provided in Sections 21-6 through 21- 8 below shall be made in writing by the property owner on forms supplied by the Finance Department. SECTION 21-5 PAYMENT IN FULL Upon notification by the Finance Director pursuant to Section 21-4 above, an owner may pay the special assessments in full prior to November 1st; elect to pay the entire assessment on that year’s property tax bill or may select one of the installment plans provided below. SECTION 21-6 FIVE-YEAR INSTALLMENT PLAN The first installment shall include a one-fifth (1/5) portion of the principal of the assessment. Each subsequent installment shall include a like portion of the principal and one (1) year's interest at the rate of four (4) percent per year upon the unpaid portion of such assessment. SECTION 21-7 TEN-YEAR INSTALLMENT PLAN (A) The property owner shall be deemed to accept this plan unless the property owner pays the amounts due by November 1st in accordance with section 21-5 or files with the Finance Director an election to pay the special assessments in accordance with section 21-6 or section 21-8. (B) The first installment shall include a one-tenth (1/10) portion of the principal of the assessment. Each subsequent installment shall include a like portion of the principal and one (1) year's interest at the rate of four (4) percent per year upon the unpaid portion of such assessment. SECTION 21-8 FIFTEEN-YEAR INSTALLMENT PLAN The first installment shall include a one-fifteenth (1/15) portion of the principal of the assessment. Each subsequent installment shall include a like portion of the principal and one (1) year’s interest at the rate of four (4) percent per year upon the unpaid portion of such assessment. SECTION 21-9 PRORATED INTEREST Any property owner on an installment basis may pay all remaining installments, or any part thereof, together with interest at the rate of four (4) percent per year through the day of receipt of payment, provided, however, that between November 1 and December 31 of each year, the one (1) installment with interest which is placed on the current tax roll must be paid as shown on the tax roll. SECTION 21-10 PAYMENT OF CONNECTION CHARGES (A) Except as may otherwise be prohibited by Wisconsin Statutes or Rules of the Public Service Commission, property annexing to the City shall pay a connection charge, which is calculated at rates equal to the special assessments previously levied against benefiting properties located within the City limits for public storm sewer, public sanitary sewer main and/or public water main, at such time as the annexation procedure is officially completed. (A) Within the first ten (10) years after an assessment is levied, a connection charge may be prorated upon request of the property owner. The total amount of the connection charge shall be divided by the number of years remaining under the original ten (10) year installment plan available to other property owners and that proportional amount of the principal of the assessment together with interest thereto at the rate of four (4) percent per year shall be paid each year for the remaining number of years. The Finance Director shall maintain a schedule of all ten (10) year installment assessment plans and the payments made thereon. Connection charges from any period greater than ten (10) years must be paid in full. SECTION 21-11 SPECIAL ASSESSMENTS - DEFERRED PAYMENT The Common Council may by resolution direct the Finance Director to pay all, or any portion of special assessments or special charges extended upon the current or next tax roll for any property the Council determines shall be eligible for deferment for payment. The Council may provide for annual interest upon any amounts deferred under this provision. SECTION 21-12 SEVERABILITY In the event any section, subsection, clause, phrase or portion of this ordinance is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this ordinance. It is the legislative intent of the Common Council that this ordinance would have been adopted if such illegal provision had not been included or any illegal application had not been made. XXXXX, 2021 21-XXX ORDINANCE FIRST READING CONT’D (CARRIED______ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: AMEND PORTIONS OF CHAPTER 14 STORM WATER MANAGEMENT, CHAPTER 24 WASTEWATER SYSTEMS, CHAPTER 25 STREETS AND SIDEWALK AND CHAPTER 28 WATER PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES AND METHODS OF PAYMENT AND CREATE CHAPTER 21 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING PORTIONS OF CHAPTER 14 STORM WATER MANAGEMENT, CHAPTER 24 WASTEWATER SYSTEMS, CHAPTER 25 STREETS AND SIDEWALK AND CHAPTER 28 WATER PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES AND METHODS OF PAYMENT AND CREATING CHAPTER 21 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 14-3 of the Oshkosh Municipal Code pertaining to Storm Water Management is hereby repealed and recreated to read as follows: SECTION 14-3 CREATION There is hereby established a Storm Water Utility in the City of Oshkosh. The operation of the Storm Water Utility shall be under the supervision of the Director of Public Works. Commented [LL1]: With these amendments we are including language restating the statutory authority for construction and special assessment language for the utilities and streets and sidewalks within our municipal code. Commented [LL2]: Current 14-3; Separating creation language from public construction language which is included in new 14-3.1 in Section 2 below. XXXXX, 2021 21-XXX ORDINANCE FIRST READING CONT’D SECTION 2. That Section 14-3.1 of the Oshkosh Municipal Code pertaining to Storm Water Management is created to read as follows: SECTION 14-3.1 PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS The city, acting through the Storm Water Utility, may without limitation due to enumeration, acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair, conduct, manage and finance such facilities, operations and activities, as are deemed by the city to be proper and reasonably necessary for a system of storm and surface water management and the public health, safety and welfare. These facilities may include, without limitation due to enumeration, surface and underground drainage facilities, sewers, watercourses, retaining walls, detention basins, streets, roads, ditches and such other facilities as will support a storm water management system. The Board of Public Works shall supervise actual construction work, shall report on same to the Common Council and shall follow its instruction. The cost of installing, constructing or maintaining any public work or improvement or providing any current service may be charged in whole or in part to properties benefitting from the installation, construction or maintenance of the public improvements or current service as provided within Chapter 21 of this Municipal Code. SECTION 3. That Section 24-1 of the Oshkosh Municipal Code pertaining to Wastewater Systems is hereby repealed and recreated to read as follows: SECTION 24-1 CREATION There is hereby established a Wastewater Utility in the City of Oshkosh. The operation of the Wastewater Utility shall be under the supervision of the Director of Public Works. Commented [LL3]: Authorization for construction from current 14-3; adds Board of Public Works supervision and reporting to Council to match current wastewater utility and water utility language and current practices; adds reference to payment of costs under newly created Chapter 21 – which allows special charges & special assessments in compliance with the City’s Special Assessment Policy and State Statutes and as may be approved by Council Commented [LL4]: removes superfluous reference to composition of the Department of Public Works; this is a new section which includes establishment language in municipal codebook – will mirror the other utilities language XXXXX, 2021 21-XXX ORDINANCE FIRST READING CONT’D SECTION 4. That Section 24-3 of the Oshkosh Municipal Code pertaining to Wastewater Systems is repealed and recreated to read as follows: SECTION 24-3 PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS The city, acting through the Wastewater Utility, may without limitation due to enumeration, acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, repair, conduct, manage and finance such facilities, operations and activities, as are deemed by the city to be proper and reasonably necessary for a wastewater management system and the public health, safety and welfare. These facilities may include, without limitation due to enumeration, surface and underground facilities, sewers and such other facilities as will support the wastewater management system. The Board of Public Works shall supervise actual construction work, shall report on same to the Common Council and shall follow its instruction. The cost of installing, constructing or maintaining any public work or improvement or providing any current service may be charged in whole or in part to properties benefitting from the installation, construction or maintenance of the public improvements or current service as provided within Chapter 21 of this Municipal Code. SECTION 5. That the phrase “Water Utilities Bureau Manager” in Section 24-6.1(I) and in Section 24-6.6 of the Oshkosh Municipal Code shall be replaced with the phrase “Utility Operations Manager.” SECTION 6. That the following sections of Chapter 25 of the Oshkosh Municipal Code pertaining to Special Assessments related to Streets and Sidewalks are hereby repealed: Sections 25-10, 25-11, 25-61 and Article X of chapter 25 (sections 25-83 through 25-90) Commented [LL5]: Expands upon current 24-3; specific authorization for construction to mirror Storm Utility; includes the already existing language from this section relating to Board of Public Works supervision and reporting to Council; adds reference to payment of costs under newly created Chapter 21 – which will allow special charges & special assessments in compliance with the City’s Special Assessment Policy and State Statutes and as may be approved by Council Commented [LL6]: Clean up to match current title for position Commented [LL7]: These are all current provisions from streets and sidewalks chapter to be removed and incorporated into new Chapter 21 created below XXXXX, 2021 21-XXX ORDINANCE FIRST READING CONT’D SECTION 7. That Section 28-1 of the Oshkosh Municipal Code pertaining to the Water Utility is hereby repealed and recreated to read as follows: SECTION 28-1 CREATION There is hereby established a Water Utility in the City of Oshkosh. The operation of the Water Utility shall be under the supervision of the Director of Public Works. SECTION 8. That the phrase “Department of Public Utilities” in Section 28- 2(B) of the Oshkosh Municipal Code is hereby replaced with the phrase “Department of Public Works.” SECTION 9. That Section 28-3 of the Oshkosh Municipal Code pertaining to the Water Utility is hereby repealed and recreated to read as follows: SECTION 28-3 PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS The city, acting through the Water Utility, may without limitation due to enumeration, acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, repair, conduct, manage and finance such facilities, operations and activities, as are deemed by the city to be proper and reasonably necessary for a water system and the public health, safety and welfare. These facilities may include, without limitation due to enumeration, surface and underground facilities, water mains, laterals, and such other facilities as will support the water system. The Board of Public Works shall supervise actual construction work, shall report on same to the Common Council and shall follow its instruction. The cost of installing, constructing or maintaining any public work or improvement or providing any current service may be charged in whole or in part to properties benefitting from the installation, construction or maintenance of the public improvements or current service as provided Commented [LL8]: Includes establishment language in municipal codebook, consistent with storm and wastewater utilities; removes language about Director of Utilities which is updated in next section to Director of Public Works Commented [LL9]: Language updated to match City of Oshkosh designation Commented [LL10]: Specific authorization for construction to mirror storm and wastewater utilities; includes the already existing language from this section relating to Board of Public Works supervision and reporting to Council; adds reference to payment of costs under newly created Chapter 21 – which will allow special charges & special assessments in compliance with the City’s Special Assessment Policy and State Statutes and as may be approved by Council XXXXX, 2021 21-XXX ORDINANCE FIRST READING CONT’D within Chapter 21 of this Municipal Code. SECTION 10. That Chapter 21 of the Oshkosh Municipal Code pertaining to public construction and services / methods of payment / special charges / special assessments is hereby created to read as shown on the attachment to this ordinance. SECTION 11. This ordinance shall be in full force and effect from and after its passage, and publication. SECTION 12. Publication Notice Please take notice that the City of Oshkosh enacted ordinance AMEND PORTIONS OF CHAPTER 14 STORM WATER MANAGEMENT, CHAPTER 24 WASTEWATER SYSTEMS, CHAPTER 25 STREETS AND SIDEWALK AND CHAPTER 28 WATER PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES AND METHODS OF PAYMENT AND CREATING CHAPTER 21 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING PORTIONS OF CHAPTER 14 STORM WATER MANAGEMENT, CHAPTER 24 WASTEWATER SYSTEMS, CHAPTER 25 STREETS AND SIDEWALK AND CHAPTER 28 WATER PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES AND METHODS OF PAYMENT AND CREATE CHAPTER 21 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS) on ________________________. The ordinance updates and clarifies city ordinances relating to public construction and payment for public construction. The ordinance consolidates special assessment provisions for streets, sidewalks and utility construction in newly created Chapter 21 within the Municipal Code; clearly defines the Storm Water, Water and Wastewater Utilities; authorizes the use of special charges and special assessments for public construction as provided in the newly created Chapter 21 and the City of Oshkosh Policy for Special Assessments; updates references current State Statutes, ordinances and positions within the City of Oshkosh. The ordinance transfers some responsibilities for the special assessment process to the Finance Department and expands property owners options for paying amounts due in installments but does not otherwise change current policy pertaining to special charges or special assessments. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236- Commented [LL11]: All of the special charge and special assessments code provisions are being moved to a new Chapter 21 to make more easily accessible and provide consistency for assessment practices Commented [LL12]: Publication section makes clear the intent of this ordinance is to update and clarify existing provisions, not make substantive changes to the current policy for special assessments. Substantively, the only change intended is to move some responsibilities for billing from the City Clerk’s office to the Finance Department CHAPTER 21 PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS The City of Oshkosh finds that it is necessary to protect the health, safety, welfare and property of its residents and business owners through the installation, construction, reconstruction and maintenance of public works and facilities including but not limited to water mains, services, and appurtenances; sanitary sewer mains, services and appurtenances; storm sewers mains, services and appurtenances; public streets and sidewalk; bike and pedestrian ways; landscaping; street lighting and associated amenities. The City of Oshkosh also finds that it is necessary to provide reasonable, equitable and sustainable funding sources for these purposes which may include public financing through bonding or other means, special assessments, special charges and financing through utilities. The City has created and maintains separate utilities for water (Chapter 28 of this Municipal Code), wastewater (Chapter 24 of this Municipal Code), and storm water (Chapter 14 of this Municipal Code). ARTICLE I. SPECIAL CHARGES SECTION 21-1 SPECIAL CHARGES Special Charges may be imposed against real property for current services rendered by allocating all or part of the cost of the service, together with an administrative fee as may be adopted by Resolution of the Council, to the property benefited as provided in Sec. 66.0627 of the Wisconsin Statutes. Where such charge is specifically authorized by a specific provision within this Municipal Code, such provision shall constitute notice of the special charge, except as additional notice may be required by statute or ordinance. Commented [LL1]: New preamble including general findings in support of ordinance Commented [LL2]: Special Charges are for current services and are authorized by various provisions in the municipal code; examples include special garbage pickups, snow and ice removal. The intention of this section is to reference current Wisconsin Statutes for any such charges authorized by Council, so there is clear reference to the statutory requirements and consistency between the various departments that may use special charges ARTICLE II. SPECIAL ASSESSMENTS SECTION 21-2 SPECIAL ASSESSMENTS POLICY The City of Oshkosh “Policy for Special Assessments” as adopted by the Common Council shall be kept on file in the Office of the City Clerk, the Finance Department and in the Office of the City Engineer within the Department of Public Works for the City of Oshkosh. Copies of the Policy shall be available for public inspection during usual business hours. SECTION 21-3 SPECIAL ASSESSMENTS AUTHORIZED (A) In addition to any other methods provided by law, the cost of installing, constructing or maintaining any public improvement or providing any current service may be charged in whole or in part to properties benefitting from the installation, construction or maintenance of the public improvements or current service and special assessments may be levied against the properties benefited in accordance with Subchapter VII of Chapter 66 of the Wisconsin Statutes and the City’s Special Assessment Policy. Any assessments not provided for within the policy or deviations from the provisions of the Special Assessment Policy shall be specifically approved by the Common Council. Upon certification, property owners may pay the assessment in accordance with the following sections. (B) Any special assessment levied under this ordinance shall be a lien against the property assessed from the date of the final resolution determining the amount of the levy. (C) Any person against whose property a special assessment is levied may appeal therefrom in the manner prescribed by Section 66.0703 of the Wisconsin Statutes within ninety (90) days of the date of the final resolution. SECTION 21-4 CERTIFICATION OF FINAL ASSESSMENTS / NOTICE OF ELECTION OF INSTALLMENT PAYMENTS (A) Upon acceptance of the particular public improvement involved, the Board of Public Works shall issue a Certification of Final Levy of Special Assessments similar to the Certificate specified in Section 66.0713 of the Wisconsin Statutes. Commented [LL3]: This section adopts the Policy for Special Assessments for the City of Oshkosh and provides notice of where a copy of the policy may be obtained Commented [LL4]: Authorizes the use of special assessments as provided for and in accordance with Wisconsin Statutes and the City of Oshkosh Policy for Special Assessments; requires any deviations from the Special Assessment Policy to be specifically approved by Council Commented [LL5]: Updates and clarifies language pertaining to certification and notice processes, clarifies that once a contract is certified responsibility will shift to the Finance Department to send out notices for payment elections, maintain records and balances (B) Upon certification of the project by the Board of Public Works: (1) The City Clerk shall publish as a Class 1 Notice, an Installment Assessment Notice similar to the notice specified in Section 66.0715(3)(e) of the Wisconsin Statutes stating that the City has determined to permit collection of the same in annual installments as specified in this Article and the initial and final resolutions of Council. (2) The Finance Director shall notify all property owners who are eligible to make an election for payment under the provisions of this Article that they shall have thirty (30) days from the date of the notification to select a payment option. (C) The election to utilize an installment plan as provided in Sections 21-6 through 21- 8 below shall be made in writing by the property owner on forms supplied by the Finance Department. SECTION 21-5 PAYMENT IN FULL Upon notification by the Finance Director pursuant to Section 21-4 above, an owner may pay the special assessments in full prior to November 1st; elect to pay the entire assessment on that year’s property tax bill or may select one of the installment plans provided below. SECTION 21-6 FIVE-YEAR INSTALLMENT PLAN The first installment shall include a one-fifth (1/5) portion of the principal of the assessment. Each subsequent installment shall include a like portion of the principal and one (1) year's interest at the rate of four (4) percent per year upon the unpaid portion of such assessment. SECTION 21-7 TEN-YEAR INSTALLMENT PLAN (A) The property owner shall be deemed to accept this plan unless the property owner pays the amounts due by November 1st in accordance with section 21-5 or files with the Finance Director an election to pay the special assessments in accordance with section 21-6 or section 21-8. (B) The first installment shall include a one-tenth (1/10) portion of the principal of the assessment. Each subsequent installment shall include a like portion of the principal and one (1) year's interest at the rate of four (4) percent per year upon the unpaid portion of such assessment. Commented [LL6]: Separate provisions for Sidewalks have been removed, so they will fall under the general rules Commented [LL7]: Payment in full option - current section 25-84; language updated and clarified; the current code would require any assessment less than $500 to be paid in full. Staff proposes removing the dollar limitation and allowing any assessment amount to be paid over time on an installment basis since any amount may be a hardship depending upon an individual’s circumstances and the City will charge and collect interest on unpaid amounts. Commented [LL8]: The Finance Department will notify property owners of options for payment in full, payment with next tax bill or payment in installments Commented [LL9]: Former section 25-84.6(B), language updated and clarified Commented [LL10]: Former 25-85 language updated and clarified, removed dollar thresholds but no other substantive changes to current practices Commented [LL11]: If the property owner does not choose a payment plan, the default is to place the payments on the 10 year installment plan SECTION 21-8 FIFTEEN-YEAR INSTALLMENT PLAN The first installment shall include a one-fifteenth (1/15) portion of the principal of the assessment. Each subsequent installment shall include a like portion of the principal and one (1) year’s interest at the rate of four (4) percent per year upon the unpaid portion of such assessment. SECTION 21-9 PRORATED INTEREST Any property owner on an installment basis may pay all remaining installments, or any part thereof, together with interest at the rate of four (4) percent per year through the day of receipt of payment, provided, however, that between November 1 and December 31 of each year, the one (1) installment with interest which is placed on the current tax roll must be paid as shown on the tax roll. SECTION 21-10 PAYMENT OF CONNECTION CHARGES (A) Except as may otherwise be prohibited by Wisconsin Statutes or Rules of the Public Service Commission, property annexing to the City shall pay a connection charge, which is calculated at rates equal to the special assessments previously levied against benefiting properties located within the City limits for public storm sewer, public sanitary sewer main and/or public water main, at such time as the annexation procedure is officially completed. (A) Within the first ten (10) years after an assessment is levied, a connection charge may be prorated upon request of the property owner. The total amount of the connection charge shall be divided by the number of years remaining under the original ten (10) year installment plan available to other property owners and that proportional amount of the principal of the assessment together with interest thereto at the rate of four (4) percent per year shall be paid each year for the remaining number of years. The Finance Director shall maintain a schedule of all ten (10) year installment assessment plans and the payments made thereon. Connection charges from any period greater than ten (10) years must be paid in full. Commented [LL12]: Former 25-85.6 language updated and clarified, removed dollar thresholds Commented [LL13]: Current section 25-86, language updated and clarified Commented [LL14]: Current section 25-89, updated to current terminology – “connection charge” from “hook up charge” Commented [LL15]: Language clarified to more clearly describe current practices pertaining to permitting connection charges to pay in installments SECTION 21-11 SPECIAL ASSESSMENTS - DEFERRED PAYMENT The Common Council may by resolution direct the Finance Director to pay all, or any portion of special assessments or special charges extended upon the current or next tax roll for any property the Council determines shall be eligible for deferment for payment. The Council may provide for annual interest upon any amounts deferred under this provision. SECTION 21-12 SEVERABILITY In the event any section, subsection, clause, phrase or portion of this ordinance is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this ordinance. It is the legislative intent of the Common Council that this ordinance would have been adopted if such illegal provision had not been included or any illegal application had not been made. Commented [LL16]: Current section 25-90 Commented [LL17]: New section