HomeMy WebLinkAbout09-282JULY 28, 2009 09 -282 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE FINAL RESOLUTION FOR SPECIAL ASSESSMENTS
DRIVEWAY ACCESS FOR 135 AND 139 HIGH AVENUE
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the Common Council of the City of Oshkosh held a public hearing on
the 28th day of July, 2009, 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 May 12, 2009, by the Oshkosh Common Council of the following named streets:
DRIVEWAY ENTRANCE, INCLUDING ASPHALT PAVING, CONCRETE
CURB & GUTTER, CONCRETE DRIVEWAY APPROACH AND LIGHTING
135 High Avenue
139 High Avenue
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:
a.
b.
C.
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.
JULY 28, 2009 09 -282 RESOLUTION
CONT'D
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 six percent (6 %) 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.
Pamela R. Ubdg
City Clerk
Angela J.
Deputy City ty Cle
Bobbie Jo Left
�^
H Secretary
Of HKQ CITY HALL
ON THE WATER 215 Church Avenue
P.O. Box 1130
Oshkosh, WI
54902-11310
July 17, 2009
Dear Property Owner.
Please find enclosed the following documents for your information and review:
1. A letter of explanation from Public Works Assistant Director Steve Gohde.
2. The Initial Resolution adopted by the Oshkosh Common Council, which began the process
for the improvement(s) adjacent to your property.
3. Notice of Public Hearing to be held by the Oshkosh Common Council on July 28, 2009
regarding assessments, which will be set with the adoption of the final resolution, also
scheduled for adoption on July 28, 2009.
4. Payment plan for special assessments in the City of Oshkosh. (payment plan /sign -up
sheet also enclosed and needs to be returned to City Clerk's Office by August 18, 2009)
Persection 25 -85 (A) of the Oshkosh Municipal Code Book the property ownershall be deemed
to accept the following if the payment plan sheet is not returned to the City Clerk's Office by the
date deadline:
♦ IF THE ASSESSMENT IS UNDER $500.00 FULL AMOUNT WILL BE PLACED ON THE TAX,
BILL WITH NO INTEREST.
♦ IF THE ASSESSMENT IS OVER $500.00 THE ASSESSMENT WILL BE PLACED ON THE TAX,
BILL FOR 10 YEARS AT 6% INTEREST
5. Assessment sheet indicating properties involved in the proposed project, the property
footage, price per foot and total assessment to the property.
If you wish to appear before the Council before the final resolution is adopted to proceed with
the construction, please refer to the "Notice of Public Hearing" enclosed.
If you have any questions regarding the above listed documents, please contact the Public
Works Department (236 -5065) or the City Clerk (236- 5011), Monday through Friday, 8 :00
a.m. until 4 :30 p.m.
Sincerely,
—g OSHKOSI.-
J
PAMELA R. UBRIG
CITY CLERK
#1
City of Oshkosh
Department of Public Works
215 Church Avenue
P.O. Box 1130
Oshkosh, Wisconsin 54903 -1130
0 (920) 236 -5065
Oil
ON THE WATER
July 15, 2009
Re: Assessments for New Driveway Access, Contract 09 -24
To: Owners of 135 High Avenue and 139 High Avenue
A public hearing is scheduled for July 28, 2009, at 6:00 p.m. in the Common Council Chamber of the
Oshkosh City Hall to consider the following improvements: Construction of new driveway and the
levy of special assessments that cover the cost of the improvements. Assessments are not due until
the project is completed and then can be paid by any one of the plans as outlined on the enclosed
Payment Plan for Special Assessments. The assessment amounts have been estimated and are
outlined on the attached assessment worksheet(s). The quantities and costs are estimates and will be
adjusted to actual quantity installed and the unit costs will be adjusted according to the assessment
policy based on bid prices. Final costs will not increase above the estimates without a public hearing.
Questions in regard to payment of Special Assessments can be answered by calling the City Clerk's
office at 236 -5011.
The project construction will consist of the following elements: Construction of a 5" thick asphalt
driveway. Each property will have an approximate 17' wide drive opening at the property line.
If you have any questions on the proposed assessments or the project construction you can contact
the Public Works Engineering Division at (920) 236 -5065.
Sincerely,
Steven M. Gohde, P.E.
Assistant Director of Public Works
SMG /clm
Enclosure
�#2
MAY 12, 2009
09 -170 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN
PURPOSE: INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR
CONSTRUCTION OF DRIVEWAY ENTRANCE AT:
A) 135 High Avenue
B) 139 High Avenue
C) 141 High Avenue
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 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 named streets, said public improvement to include the following:
Drivewav Entrance, includinq asphalt paving, concrete curb & qutter,
concrete driveway approach and lightin
135 High Avenue
139 High Avenue
141 High Avenue
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
Section 25 -83 thru 25 -89 of the Oshkosh Municipal Code.
4. The Board of Public Works is directed to prepare a report consisting of:
(a) Preliminary or 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.
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.
MAY 12, 2009 09 -170 RESOLUTION
CONT'D
5. 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) of the
Wisconsin Statutes. The hearing shall be held before the Common Council in the Council
Chambers in the City Hall at a time set by the Clerk in accordance with Section 66.0703(7) of the
Wisconsin Statutes.
6. The Board of Public Works and the proper City officials shall do all things necessary so
as to complete the installation of utilities in said streets prior to the improvements, if necessary.
7. The installation of said street improvements shall be accomplished according to the
provisions of Section 25 -3 thru 25 -11 of the Oshkosh Municipal Code.
#3
NOTICE OF PUBLIC HEARING
Office of the City Clerk, City of Oshkosh, Winnebago County, Wisconsin:
Please take notice that the City Council of the City of Oshkosh has declared its intention to
exercise its power under Section 66.60 of the Wisconsin Statutes, to levy assessments
upon property for benefits conferred upon such property by providing the following .
improvements fronting upon the following described streets:
DRIVEWAY ENTRANCE, INCLUDING ASPHALT PAVING, CONCRETE
CURB & GUTTER, CONCRETE DRIVEWAY APPROACH AND LIGHTING:
135 High Avenue
139 High Avenue
The report of the City Director of Public Works and City Manager showing proposed plans
and specifications, estimated costs of improvements, proposed assessments and awards
of damages is on file in the Office of the City Clerk and can be inspected there on any
business day between the hours of 8:00 a.m. and 4:30 p.m.
Notification that the City Manager (Board of Public Works) and City Council will hear all
persons interested or their agents or attorneys concerning the matters in the preliminary
resolutions authorizing awards of damages at 6:00 p.m. in the Council Chambers in the
City Hall, Oshkosh, Wisconsin on JULY 28, 2009.
All objections will be considered at said hearing and thereafter the amount of assessment
will be finally determined.
PUBLISH: 7/18/2009
CITY OF OSHKOSH
PAMELA R. UBRIG
CITY CLERK
rl - E
CITY OF OSHKOSH PA YMENT PLAN
NOTICE IS HEREBY GIVEN that the contract mentioned below is certified by the City of
Oshkosh for the following improvements:
DRIVEWAY ENTRANCE, INCLUDING ASPHALT PAVING, CONCRETE
CURB & GUTTER, CONCRETE DRIVEWAY APPROACH AND LIGHTING:
135 High Avenue
139 High Avenue
Included with this notice, is the amount of the Special Assessment against your property
or properties. A statement of the same is on file in the office of the City Clerk. At this time the
City needs to know the payment choice for your assessment, PAYMENT CANNOT BE
ACCEPTED AT THIS TIME.
NOTE. THE PROPERTY OWNER MUST MAKE PAYMENT CHOICE TO THE CITY CLERK
BYAUGUST 18, 2009. Persection 25 -85 (A) of the Oshkosh Municipal Code Book
the property owner shall be deemed to accept the following if the payment plan
sheet is not returned to the City Clerk's Office by the date deadline.
♦ IF THE ASSESSMENT IS UNDER $500.00 FULL AMOUNT WILL BE
PLACED ON THE TAX BILL WITH NO INTEREST.
♦ IF THE ASSESSMENT IS OVER $500.00 THE ASSESSMENT WILL BE
PLACED ON THE TAX BILL FOR 10 YEARS AT 6% INTEREST
Payment choice of the assessment may be made in one of the following manners:
1. CASH PAYMENT PLAN
The enclosed payment choice form must be signed by the property owner and returned to
the City Clerk by AUGUST 18, 2009. The City of Oshkosh will then send the property owner a
city certificate (bill /invoice), and payment must be made within thirty days of that notice.
If the payment is not made within thirty days after receiving the certificate (bill /invoice), 6%
interest accrues from the date of notification.
If after making this selection, the property owner fails to make payment to the City
Treasurer, the entire amount will be placed on the next property tax bill, plus interest.
2. TOTAL ASSESSMENT ON NEXT TAX BILL IN FULL
Selection of this plan must be made by signing the enclosed payment choice form and
returning it to the City Clerk's Office by AUGUST 18, 2009. Property owners may elect to pay
100% of the assessment on the next designated real estate property tax bill, without interest. The
total amount of the assessment will be included on and payable in conjunction with the next
designated property tax bill.
3. TEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAXBILL (ASSESSMENT
MUST BE IN EXCESS OF $500.00)
Selection of this plan must be made by signing the enclosed payment choice form and
returning it to the City Clerk's Office by AUGUST 18, 2009. The amount of the assessment will
be placed on the property tax bill with interest at 6% of the unpaid balance per year over the ten -
(10) year period. The annual assessment payment and interest will be included in the total tax
bill payment. The assessment balance may be paid in full at any time during the ten -year period,
with interest pro -rated to the month of payment. Property owner shall be deemed to accept this
plan unless he /she filed the payment plan with the City Clerk's Office. (Applies to assessments in
excess of $500.00.)
4. FIFTEEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL
(ASSESSMENT MUST BE IN EXCESS OF $1,000.00)
Selection of this plan must be made by signing the enclosed payment choice form and
returning it to the City Clerk's Office by AUGUST 18, 2009. The amount of the assessment will
be placed on the property tax bill with interest at 6% of the unpaid balance per year over the
fifteen- (15) year period. The annual assessment payment and interest will be included in the
total tax bill payment. The assessment balance may be paid in full at any time during the fifte:en-
year period, with interest pro -rated to the month of payment. (Applies to assessments in excess
of $1,000.00.)
PUBLISHED: 7/18/2009
CITY OF OSHKOSH
PAMELA R. UBRIG
CITY CLERK
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