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NOVEMBER 9, 2004 04-404RESOLUTION
(CARRIED__7-0__ LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE:AMENDED FINAL RESOLUTION – UTILITIES, SIDEWALK AND
CONCRETE PAVING
INITIATED BY:DEPARTMENT OF PUBLIC WORKS
WHEREAS, on July 13, 2004, the Common Council of the City of Oshkosh approved a
final resolution pursuant to Section 66.60 of the Wisconsin Statutes; and
WHEREAS, Developer has modified the Final Plat for this development eliminating one
lot and modifying the widths of other lots within the development; and
WHEREAS, it is therefore necessary to revise the final resolution to take into
consideration those modifications made by Developer.
WHEREAS, the owner(s) of the property waived notice of special assessment and
hearing pursuant to Wisconsin Statutes, Sec. 66.0703 and 66.0705, for the purpose of
hearing all interested persons concerning the preliminary resolutions and reports of the
City Manager (Board of Public Works) on the proposed improvements pursuant to initial
resolution adopted on November 9, 2004, by the Oshkosh Common Council of the
following named areas:
Stoney Beach West Subdivision (Lots 1-22 and 1 Outlot - Lot 2, Lot 17 and
Outlot 1 are not assessable)
Survey and Inspection Services for Private Construction of :
Sanitary Sewer, Water Main, Sanitary and Water Laterals, Storm
Sewer Laterals, Storm Sewer and Grading and Graveling
Survey and Inspection Services and Public Construction of :
Sidewalk
Design, Survey and Inspection Services and Public Construction of:
Concrete Paving
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh as follows:
1. That the assessments previously levied by resolution #04-233 for the above-
described subdivision are hereby rescinded.
NOVEMBER 9, 2004 04-404RESOLUTION
CONT’D
2. 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 therefore, is hereby adopted and approved with the following
modifications:
a.
b.
c.
3. 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.
4. That payment for said improvements be made by assessing the cost of the
property benefited as indicated in said report, except as modified herein.
5. That benefits and damages shown on the report as modified are true and correct
and are hereby confirmed.
6. 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.
7. That the assessments may be paid in cash, or in installments pursuant to
Section 25-83 through 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.
8. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY
NORTHWESTERN, the official newspaper of the City.
9. 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.