HomeMy WebLinkAbout09-346AUGUST 11, 2009 AUGUST 25, 2009 09 -316 09 -346 ORDINANCE
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PURPOSE
INITIATED BY
APPROVE REQUEST BY GALICA DELAYED ATTACHMENT FROM
TOWN OF ALGOMA
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 AUGUST 25, 2009 09 -316 09 -346 ORDINANCE
FIRST READING SECOND READING 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 Y4 OF THE NW Y4 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 -346 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.
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OYHKOfH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Kinney, Director of Community Developme X6 1 _ `
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,
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 '/, 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 °41'31" EAST ALONG THE NORTH LINE OF THE NW '/4 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 0 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
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QUALIFICATION
DATE
(elector and /or
NAME
POST OFFICE ADPWS
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SIGNED
property owner)
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Elector & Property
33399 Street Road
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Owner
David Galica.
Oshkosh, WI 54904
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Elector & Property
Owner
339 9 Street
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Patricia Galica
Oshkosh, WI 54904
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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,
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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 Wisconsinz 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 W E D
AUG 0 5 2009 0
CITY CLERK'S OFFICE
Qualification
(elector and /or
NAME
POST OFFICE ADDRESS
DATE SIGNED
prop erty owner)
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3339 9 Street Road
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Elector &
Property Owner
David Gal a
Oshkosh, WI 54904
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3339 9 Street Road
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Elector &
Property Owner
atricia Galica
Oshkosh, WI 54904
R D W E D
AUG 0 5 2009 0
CITY CLERK'S OFFICE
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