HomeMy WebLinkAbout00-293.docJULY 11, 2000 00-293 RESOLUTION
(CARRIED LOST LAID OVER 4-3 WITHDRAWN )
PURPOSE:
TERMINATE ANNEXATION NOTIFICATION AGREEMENT/
TOWN OF OSHKOSH
INITIATED BY: COUNCIL MEMBER DELL' ANTONIA
WHEREAS, the Common Council, by resolution 00-114 adopted on March 14,
2000, approved an agreement with the Town of Oshkosh whereby, unless otherwise
required by state law, the City of Oshkosh would notify the Town of pending annexation
petitions to allow the Town advance comment on such matters; and
WHEREAS, while preserving the legal rights of the respective parties concerning
annexation challenges, the agreement states it is intended to encourage the exchange of
information with the goal of reducing annexation-related litigation and also imposes on the
parties a duty of good faith and fair dealing; and
WHEREAS, on May 23, 2000, at the request of the majority property owner, the
Common Council adopted ordinance 00-231 to annex 4578 Island View Drive and adjacent
right-of-way due to a failing well on the A. Clark property; and
WHEREAS, the Town of Oshkosh On June 20, 2000, filed a lawsuit alleging that the
A. Clark Annexation (1) contained a defective legal description, (2) created arbitrary and
capricious boundaries which are also illogical and unreasonable, (3) is not "needed" by the
City, and (4) represented an abuse of the City's discretion; and
WHEREAS, because this was a majority annexation and statutory notice
requirements prevailed, the notification required by the agreement did not apply but this
litigation is not consistent with the expressly stated goal of the agreement;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the "Memorandum of Understanding between the City of Oshkosh and the
Town of Oshkosh Establishing Procedures for the Review of Annexation Petitions" is
terminated and the proper City officials are authorized and directed to provide written
notice to the Town Clerk as required by the agreement.