HomeMy WebLinkAbout07. 22-485NOVEMBER 22, 2022 22-485 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS
FOR CONCRETE PAVEMENT, ASPHALT PAVEMENT,
DRIVEWAY APRONS, SANITARY SEWER MAIN AND
LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS
(NEW AND RELAY), AND STORM SEWER MAIN AND
LATERALS (NEW AND RELAY) RELATING TO CONTRACT NO.
22-26
A) LAKE BUTTE DES MORTS DRIVE (200’ NORTH OF WEST
SNELL ROAD TO 1,800’ SOUTH OF WEST SNELL ROAD)
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:
Concrete Pavement, Asphalt Pavement), Driveway Aprons, Sanitary Sewer Main
and Laterals (New and Relay), Water Main and Laterals (New and Relay), and
Storm Sewer Main and Laterals (New and Relay):
Lake Butte des Morts Drive from 200’ North West Snell Road to 1,800’ South of
West Snell Road
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.
3. The assessments against any parcel may be paid according to the provisions
of Chapter 21 of the Oshkosh Municipal Code.
NOVEMBER 22, 2022 22-485 RESOLUTION
CONT’D
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. Upon receiving the report of the Board of Public Works, the City Clerk is
directed to give notice of a public hearing on such reports as specified in Section
66.0703(7)(a) of the Wisconsin Statutes. The hearing shall be held before the Common
Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in
accordance with the Wisconsin Statutes. 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.
I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\22-26 Lk BDM Dr San & Wtr
Mn\Project_Information\Correspondence\Memo\22-26 Initial Resolution Memo_11-17-22.docx Page 1 of 1
TO: Honorable Mayor and Members of the Common Council
FROM: Justin Gierach, Engineering Division Manager / City Engineer
DATE: November 17, 2022
RE: Approve Initial Resolution for Special Assessments for Concrete Pavement,
Asphalt Pavement, Driveway Aprons, Sanitary Sewer Main and Laterals (New
and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Main
and Laterals (New and Relay) Relating to Contract No. 22-26
Lake Butte des Morts Drive (200’ North of West Snell Road to 1,800’ South
of West Snell Road)
BACKGROUND
This resolution is the initial resolution for allowing the City to assess abutting property owners
for improvements to be completed during the construction of sanitary sewer and water main on
Lake Butte des Morts Drive, from 200’ north of West Snell Road to 1,800’ south of West Snell
Road. The assessable work may include concrete pavement, asphalt pavement, driveway aprons,
sanitary sewer mains and laterals (new and relay), storm sewer mains and laterals (new and
relay), and water mains and laterals (new and relay).
ANALYSIS
The resolution allows City staff to proceed with preparing assessments for the abutting
properties. A public hearing needs to be held and a final resolution needs to be approved by the
Council prior the assessments being levied on the properties. Although Council has directed staff
to review potential changes to the City’s special assessment policy, we still need to follow these
special assessment procedures until such time as the policy is amended.
FISCAL IMPACT
Assessments allow the City to recover a portion of the costs associated with projects from
benefiting properties.
RECOMMENDATIONS
I recommend approval of the initial resolution.
Approved:
Mark A. Rohloff
City Manager
JLG/tlt