HomeMy WebLinkAbout20. 22-198R E V I S E D
MAY 10, 2022 22-198 RESOLUTION
(CARRIED___7-0_____ LOST________ LAID OVER________ WITHDRAWN_______)
PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS
FOR UTILITIES, SIDEWALK, GRADING AND GRAVELING,
CONCRETE PAVING, TERRACE TREES, AND STREET LIGHTING
FOR PICKART ESTATES, PHASE II; NORTH 3300 BLOCK OF
WEST 9TH AVENUE – WITH SIGNED WAIVERS
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows:
1. The Common Council hereby declares its intention to exercise its police
power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special
assessments upon property within the following described areas for benefits conferred
upon such property by improving the following:
Survey and Inspection Services for Private Construction of Sanitary Sewer
Main and Laterals; Water Main and Laterals; Storm Sewer Main and
Laterals; Grading, Graveling and Restoration; Detention Basin Grading,
Site Work and Restoration; Concrete Paving; and Street Lighting
Public Construction/Installation of Sidewalk; Terrace Trees; and Street
Lighting, including but not limited to: pull boxes, light bases, wiring, and
installation of developer supplied light poles and light fixtures
Pickart Estates, Phase II
Lots 25 – 39 and Outlots 2 and 3
2. The total amount assessed against such district shall not exceed the total
cost of the improvements and the amount assessed against any parcel shall not be greater
than the benefits accrued thereto from said improvements.
MAY 10, 2022 22-198 RESOLUTION
CONT’D
3. The assessments against any parcel may be paid according to the provisions
of Chapter 21 of the Oshkosh Municipal Code.
4. The governing body determines that the improvements constitute an
exercise of the police power for the health, safety, and general welfare of the municipality
and its inhabitants.
5. The Board of Public Works is directed to prepare a report consisting of:
(a) Final plans and specifications for said improvements.
(b) An estimate of the entire cost of the proposed work or
improvements.
(c) An estimate as to each parcel of property within the assessment
district of:
(1) The assessment of benefits to be levied for each improvement.
(2) The damages to be awarded for property taken or damages
by each improvement.
(3) The net amount of benefits over damages or the net amount
of damages over benefits for each improvement.
(4) The total assessment against each parcel
Upon completion of such report, the Board of Public Works is directed to file a copy
thereof in the City Clerk's Office for public inspection.
6. The affected property owners have executed Waiver of Special Assessment
Notices and Hearing under Section 66.0703(7)(b) of the Wisconsin Statutes and, therefore,
upon acceptance of these Waivers by the Oshkosh Common Council, no further notices
or hearings will be provided or held. The assessment against any parcel may be paid in
cash, paid with the first property tax installment, or paid in installments pursuant to the
provisions of Chapter 21 of the City of Oshkosh Municipal Code.
7. The installation of said street improvements shall be accomplished
according to the provisions of Section 25-3 through 25-11 of the Oshkosh Municipal Code.
Indicates Revision
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn Lorenson, City Attorney
DATE: May 9, 2022
RE: Revisions to Resolutions for Pickart Estates
Attached please find a redline and clean version of revisions to the Initial and Final Resolutions for
Pickart Estates. In January we revised the municipal code sections relating to special assessments.
When preparing the agenda we used a prior form which did not include the updated code references
and interest rate. Those have been corrected in the attached. In addition the Developer’s Agreement
has been updated to include the new code references.
Respectfully Submitted,
Lynn Lorenson, City Attorney