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09-301
AUGUST 11, 2009 09 -301 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE FINAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR SANITARY SEWER AND WATER MAIN (MARINE DRIVE, FERNAU AVENUE, SNELL ROAD, FOUNTAIN AVENUE, GREEN VALLEY ROAD) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 11th day of August, 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 June 9, 2009, by the Oshkosh Common Council of the following named streets: SANITARY SEWER AND WATER MAIN Marine Drive (Westwind Road to 200' South) Fernau Avenue (Snell Road to 500' East) Snell Road (Fernau Avenue to Algoma Blvd) Snell Road (Fernau Avenue to 1600' North) Fountain Avenue (Green Valley Road to 700' West) Green Valley Road (Fountain Avenue to 510' North) 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. AUGUST 11, 2009 09 -301 RESOLUTION CONT'D 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 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. Ubrig City Clerk Angela J. City Clerk Deputy City Clerk Bobbie Jo Left 01HKOfH Secretary ON THE WATER CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54902-1130 July 31, 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 August 11, 2009 regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on August 11, 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 September 1, 2009) Per section 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, OSHKOS PAMELA R. UBRIG CITY CLERK CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 City of Oshkosh — O1HKQlH rM July 31, 2009 Re: Assessments for Sanitary Sewer and Water Main — Contracts 09 -03 & 09 -05 To Property Owners on: North Koeller Street/Oshkosh Avenue West Snell Road/Fernau Avenue Marine Drive Green Valley Road Fountain Avenue A public hearing is scheduled for August 11, 2009, at 6:00 p.m. in the Common Council Chamber of the Oshkosh City Hall to consider improvements adjacent to your property and the levy of special assessments that partially 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. Based upon the City of Oshkosh assessment policy, the assessable portions of the project have been identified and are outlined on the attached assessment worksheet(s). The quantities and costs are estimates and will be adjusted to actual quantity installed. 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 installation of specific segments of water and sanitary sewer mains at various locations along the project. 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 n G: M" JUNE 9, 2009 09 -214 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN PURPOSE: APPROVAL OF INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS SANITARY SEWER & WATER MAIN / HIGHWAY 41 AREA UTILITY RELOCATIONS 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: Sanitary Sewer and Water Main: Marine Drive (Westwind Road to 200' South) Fernau Avenue (Snell Road to 500' East) Snell Road (Fernau Ave to Algoma Blvd) Snell Road (Fernau Ave to 1600' North) Fountain Av (Green Valley Road to 700' West) Green Valley Road (Fountain Ave to 510' North) Koeller Street (Robin Ave to Oshkosh Ave) Oshkosh Ave ( Koeller Street to Omro Road) 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 through 25 -89 of the Oshkosh Municipal Code. 4. The Board of Public Works is directed to prepare a report consisting of: (a) 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: JUNE 9, 2009 09 -214 RESOLUTION CONT'D (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. 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)(a) of the Wisconsin Statutes. The hearing shall be held by the Board of Public Works at the Council Chambers in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. 6. The installation of said street improvements shall be accomplished according to the provisions of Section 25 -3 through 25 -11 of the Oshkosh Municipal Code. UJE 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: Contract No. 09 -03 Water Main: Koeller Street (Robin Avenue to Oshkosh Avenue) Oshkosh Avenue ( Koeller Street to Omro Road) Contract No. 09 -05 Sanitary Sewer and Water Main: Marine Drive (Westwind Road to 200' South) Fernau Avenue (Snell Road to 500' East) Snell Road (Fernau Avenue to Algoma Blvd) Snell Road (Fernau Avenue to 1600' North) Fountain Avenue (Green Valley Road to 700' West) Green Valley Road (Fountain Avenue to 510' North) Contract No. 09 -07 Concrete Driveway Approaches & Sidewalk: Fernau Court Contract No. 09 -09 Paving, Sidewalk, Driveway & Utilities County Trunk Y, Jackson Street to CTH A 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 AUGUST 11, 2009. All objections will be considered at said hearing and thereafter the amount of assessment will be finally determined. PUBLISH: 8/1/2009 CITY OF OSHKOSH PAMELA R. UBRIG CITY CLERK M CITY OF OSHKOSH PAYMENT PLAN NOTICE IS HEREBY GIVEN that the contract mentioned below is certified by the City of Oshkosh for the following improvements: Contract No. 09 -03 Water Main: Koeller Street (Robin Avenue to Oshkosh Avenue) Oshkosh Avenue ( Koeller Street to Omro Road) Contract No. 09 -05 Sanitary Sewer and Water Main: Marine Drive (Westwind Road to 200' South) Fernau Avenue (Snell Road to 500' East) Snell Road (Fernau Avenue to Algoma Blvd) Snell Road (Fernau Avenue to 1600' North) Fountain Avenue (Green Valley Road to 700' West) Green Valley Road (Fountain Avenue to 510' North) Contract No. 09 -07 Concrete Driveway Approaches & Sidewalk: Fernau Court Contract No. 09 -09 Paving, Sidewalk, Driveway & Utilities County Trunk Y, Jackson Street to CTH A 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 BY SEPTEMBER 1, 2009. Per section 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: �. CASH PAYMENT PLAN The enclosed payment choice form must be signed by the property owner and returned to the City Clerk by SEPTEMBER 1, 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 SEPTEMBER 1, 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 TAX BILL (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 SEPTEMBER 1, 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 SEPTEMBER 1, 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 fifteen -year period, with interest pro -rated to the month of payment. (Applies to assessments in excess of $1,000.00.) CITY OF OSHKOSH PAMELA R. 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