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HomeMy WebLinkAbout04-168.docMAY 11, 2004 APRIL 27, 2004 04-138 04-168 PENDING RESOLUTION (CARRIED 6-1 LOST AS AMENDED LAID OVER WITHDRAWN .) PURPOSE: FINAL RESOLUTION - GRADING, GRAVELING & UTILITIES GIBSON COURT INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 27th day of April, 2003, at 6:00 p.m. for the purpose of hearing all interested persons concerning the preliminary resolution and report of the City Manager (Board of Public Works) on the proposed improvements as listed below, pursuant to the initial resolution adopted January 27, 2004, by the Oshkosh Common Council of the following named streets: Gradin,q & ,qravelin,q, water main, sanitary sewer, sanitary, water and storm laterals GIBSON COURT, Fond du Lac Rd. (USH 45) east 561 feet NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1. That the report of the City Manager, acting as the Board of Public Works, pertaining to the construction of the above described public improvements, including plans and specifications therefor, is hereby adopted and approved with the following modifications: Waive the special assessments for grading, graveling and utilities in the amount of $2,321.93 for 2816 Fond du Lac Road and in the amount of $2,321.93 for that portion of 2782 Fond du Lac Road to the depth of 169.76 feet. The amounts waived, $4,643.86, to be paid by the Developer of Stoney Beach West Subdivision as part of the Developer's Agreement for that subdivision. Defer the special assessments without interest for grading, graveling and utilities in the amount of $16,725.24 for the remaining portion of 2782 Fond du Lac Road, to be paid by the Developer of Stoney Beach West Subdivision as part of the Developer's Agreement for that subdivision and to be reimbursed to the Developer or his/her successor at the time of subdivision of 2782 Fond du Lac Road. MAY 11, 2004 APRIL 27, 2004 04-138 04-168 PENDING RESOLUTION CONT'D 2. That the action of the City Manager in advertising for bids and to carry out the work of such improvements in accordance with the reports of the City Manager and in accordance with the said resolution heretofore adopted, is hereby approved, ratified and confirmed. 3. That payment for said improvements be made by assessing the cost of the property benefited as indicated in said report, except as modified herein. 4. That benefits and damages shown on the report as modified are true and correct and are hereby confirmed. 5. That the assessments for all projects included in said report are hereby combined as a single assessment but any interested property owners shall be entitled to object to each assessment separately or both assessments, jointly for any purpose or purposes. 6. That the assessments may be paid in cash, or in installments pursuant to Section 25-83 thru 25-89 of the Oshkosh Municipal Code, said deferred payments to bear interest at the rate of eight percent (8%) per annum on the unpaid balance. The City Clerk shall publish an installment assessment notice in accordance with Section 66.0715(3)(e) of the Wisconsin Statutes in the official newspaper of the City. 7. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 8. The City Clerk is further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained.