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Home My WebLink About09-316AUGUST 11, 2009 09 -316 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE GALICA DELAYED ATTACHMENT FROM TOWN OF ALGOMA INITIATED BY: DAVID & PATRICIA GALICA A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ATTACHING CERTAIN TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 13TH WARD OF SAID CITY. The Common Council of the City of Oshkosh do ordain as follows: WHEREAS, the City of Oshkosh and Town of Algoma have adopted a Cooperative Plan as set forth in s. 66.0307, Wis. Stats., and approved by the Wisconsin Department of Administration, that identifies areas within the Town of Algoma as expansion areas to attach to the City of Oshkosh; and WHEREAS, a voluntary delayed attachment petition duly circulated has heretofore been signed by the owners of all the real property within such territory to be attached to the City of Oshkosh from the Town of Algoma; and WHEREAS, the proposed territory to be attached is located within the designated Expansion Area of the Town of Algoma to the City of Oshkosh; and WHEREAS, the property owner has requested temporary zoning of R -1 Single Family Residence; and WHEREAS, the Town Clerk for the Town of Algoma has been provided with written notice regarding the attachment in the time period specified by the approved Cooperative Plan; and WHEREAS, the Town of Algoma has not filed an objection to the attachment with the City. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: AUGUST 11, 2009 09 -316 ORDINANCE CONT'D SECTION 1 The following described territory, pursuant to a duly filed voluntary attachment petition is hereby attached to and made part of the City of Oshkosh, a municipal corporation located in Winnebago County, more specifically to the 13th Ward of said City and subject to Wisconsin Statutes and the amendments thereto: KNOWN AS 3339 9 STREET ROAD. THAT PART OF THE NE Y, OF THE NW Y, IN SECTION 29, T18N, R16E, IN THE TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SECTION 29, THENCE SOUTH 89 0 41'31" EAST ALONG THE NORTH LINE OF THE NW Y4 OF SAID SECTION 1,649.06 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 °41'31" EAST ALONG SAID SECTION LINE 104.35 FEET; THENCE SOUTH 00 0 31'54" WEST 208.71 FEET; THENCE NORTH 89 °41'31" WEST 104.35 FEET; THENCE NORTH 00 0 31'54" EAST 208.71 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS +/- 21,779 SQUARE FEET OR 0.500 ACRES SECTION 2. Sections 1 -28 and 1 -29 of the Oshkosh Municipal Code pertaining to Boundaries, Wards, Polls, Benchmarks are hereby amended so as to reflect the provisions of this Ordinance and the proper City officials are hereby authorized and directed to make such changes. SECTION 3. The proper City officials are hereby authorized and directed to comply with the following requirements of Section 66.0217(9)(a) and 66.0307(10) of the Wisconsin Statutes and the City Clerk shall give written notice to the Secretary of State. SECTION 4. Said property hereinabove described is hereby temporarily zoned as follows: R -1 Single Family. SECTION 5. This Ordinance shall be in full force and effect 5 years from the Sunday after its passage and publication. SECTION 6. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #09 -XXX APPROVE GALICA DELAYED ATTACHMENT FROM THE TOWN OF ALGOMA on August 25, 2009. The Ordinance annexes property at 3339 9th Street Road to the City of Oshkosh. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us Clerk's phone: (920) 236 -5011. > 'o Lj-1 PDR. LLJ cy z LLJ < JOHN MOOR E w (2 z= < D U < __j o < < o � N_ � = a Z O o o o ��3a 0 C) HSOAHSO 30 )X3 0 > V;8 7v Jo wol z U — z < CL 0- < '�JG SAVO N]nNl HS01HS0 Ll? gym. . . . ......... . .. . . -j C) a U), 6 vvqu� IV JU wul 0, QGTfi Fg win y ti Y . 3,09A QQN L a -- Pi pZ ow am o`z — — — — — — — — — ��o -- — a 0.6 z Id U 91-9 t -6L 91-21 -02 '03S tl/ IN JO t,/ LIN 7 1 L3S 0 OYHKOlH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Kinney, Director of Community Developme DATE: August 6, 2009 RE: Approve Galica Delayed Attachment from the Town of Algoma BACKGROUND /SUBJECT PROPERTY_ This is a delayed voluntary attachment of approximately 0.500 acres of land located in the Town of Algoma. The purpose of the attachment is to obtain utility service (sewer and water) for an existing single - family residence at 3339 9"' Street Road. The attachment is delayed because under the terms of the Boundary Agreement between the City and Town of Algoma, provisions allow for connection to City sewer and water facilities and delay the actual transfer of property to the City's jurisdiction for a five year period following approval of the attachment ordinance. ANALYSIS City sanitary sewer and water are available for immediate connection. Connection charges will be due prior to connection to City sanitary sewer and the water main. The connection charge for sanitary will be approximately $3,636.39, with the charge for the water main approximately $3,843. The property owner is requesting the attachment with a zoning classification of R -1 Single Family Residence District, which is consistent with the existing use and land use pattern of the surrounding area. The property will remain under Town /County jurisdiction for most services (other than zoning administration, and sanitary sewer and water service) until the property is automatically attached in five years, after which the City will provide all services. Service provision by the `City should not bean issue as these services are provided to other properties along W. 9 Avenue as well as nearby City subdivisions. FISCAL IMPACT Based on the assessed values of land in the vicinity, upon its attachment the subject property should add approximately $20,800 in equalized land value and $134,300 in equalized improvement value, totaling $155,100 in equalized value. The property will continue to pay property taxes to the Town until the end of the five year period, after which taxes will be paid to the City of Oshkosh. RECOMMENDATION It appears that the Galica Delayed Voluntary Attachment is in the best interest of the City and I recommend approval as requested. Approved, a446 0C City Manager PETITION FOR UNANIMOUS DELAYED VOLUNTARY ATTACHMENT TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN: .WHEREAS, the City of Oshkosh and Town of Algoma have adopted a Cooperative Plan as set forth in s. 66.0307, Wis. Stats., approved by the Wisconsin Department of Administration, that identifies areas within the Town of Algoma as expansion areas for the City of Oshkosh; WHEREAS, the undersigned represent the owners of the territory to be attached to the City of Oshkosh from the Town of Algoma; WHEREAS, the proposed territory to be attached is located within the designated Expansion Area of the Town of Algoma to the City of Oshkosh; WHEREAS, the petitioners are requesting to obtain sanitary sewer and water service from the City; WHEREAS, the petitioners are requesting a five (5) year delayed voluntary attachment under Section 11.02 (c) of the Cooperative Plan; WHEREAS, the current population of the territory to be attached as defined by Sec. 66.0201(2)(dm) of the Wisconsin Statutes is (Two) 2 NOW, THEREFORE, THIS PETITION IS HEREBY MADE for unanimous delayed voluntary attachment, pursuant to the provisions of the approved Cooperative Plan between the City of Oshkosh and the Town of Algoma, for attachment to the City of Oshkosh, Wisconsin, from the Town of Algoma, Winnebago County, Wisconsin, of the real estate hereinafter described as follows: Galica Delayed Voluntary Attachment KNOWN AS 3339 9' STREET ROAD. THAT PART OF THE NE ' /4 OF THE NW 1 /4 IN SECTION 29, TI 8N, R1 6E, IN THE TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SECTION 29, THENCE SOUTH 89 0 41'31" EAST ALONG THE NORTH LINE OF THE NW '/ OF SAID SECTION 1,649.06 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 °41'31" EAST ALONG SAID SECTION LINE 104.35 FEET; THENCE SOUTH 00 °31'54" WEST 208.71 FEET; THENCE NORTH 89 °41'31" WEST 104.35 FEET; THENCE NORTH 00°31'54" EAST 208.71 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS +/- 21,779 SQUARE FEET OR 0.500 ACRES I'-!'� CD QUALIFICATION U_ DATE (elector and /or NAME POST OFFICE AD SS SIGNED property owner) C Elector & Property 3339 9` Street Road 0 ° U:) ljl-07 Owner David Galica Oshkosh, WI 54904 nn n Road CC w Owner Elector & Property 339 9"' Street ¢ G Lic Oshkosh, WI 54904 U I'-!'� CD PETITION FOR TEMPORARY ZONING CLASSIFICATION TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH: WHEREAS the undersigned are electors and/or property owners in the area being sought to be attached to the City of Oshkosh, said area being more particularly described in a certain petition for unanimous delayed voluntary attachment to the City of Oshkosh, Galica Delayed Voluntary Attachment, M WHEREAS it is acknowledged by the undersigned that submitting of this petition does not in any matter attempt to make said petition for attachment conditional upon this petition or the action taken by the said Common Council pursuant to this petition. NOW, THEREFORE, the undersigned petition the Common Council of the City of Oshkosh that the ordinance attaching said territory include a provision temporarily designating the classification for zoning purposes, pursuant to Sec. 66.0217(8) of the Wisconsin Statutes, until the zoning ordinance is amended as prescribed in Sec. 62.23(7)(d) of the Wisconsin Statutes, as follows: R -1 Single Family Residence District R D E DD AUG 0 5 2009 CITY CLERK'S OFFICE Qualification (elector and /or NAME POST OFFICE ADDRESS DATE SIGNED property owner) 3339 9 Street Road _ 3 (� Elector & Property Owner David Gal' a Oshkosh, WI 54904 �. 3339 9 Street Road o Elector & Property Owner atricia Galica Oshkosh, WI 54904 R D E DD AUG 0 5 2009 CITY CLERK'S OFFICE ii ri'll I ,lip