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HomeMy WebLinkAbout11-43FEBRUARY 8, 2011 11 -43 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: AUTHORIZE JURISDICTIONAL OFFERS FOR THE QUARRY PARK LANDFILL GAS VENTING SYSTEM PROJECT IN THE AMOUNT OF $292,000.00 INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh has determined it is necessary to acquire certain land for the Quarry Park Landfill gas venting system project pursuant to authority granted under Section 32.05, 32.06, 32.07, and 62.22, Wisconsin Statutes. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to issue Jurisdictional Offers and Awards of Damages (if necessary) in the amount shown to each property owner on the following properties: Parcel 1: $145,000.00: 1039 -1041 W. South Park Avenue; Mersim Mena and Isabel Mena; fee Parcel 2: $147,000.00: 1043 -1045 W. South Park Avenue; Mersim Mena and Isabel Mena; fee BE IT FURTHER RESOLVED that the proper City officials are further authorized and directed to sign any documents and take any and all other actions necessary to accomplish this purpose. BE IT FURTHER RESOLVED that the money for this purpose is hereby appropriated from: Account No. 323 - 0470 - 7216 -06018 - Quarry Park Methane Gas Venting Upgrade CITY HALL 215 Church Avenue PO Box 1130 Oshk °Sh. 9 0 3 -113 54 City of Oshkosh 903 -1130 — QlHKOlH TO: Honorable Mayor and Members of the Common Council FROM: David C. Patek, Director of Public Works DATE: February 4, 2011 RE: Approval of Jurisdictional Offers for the Quarry Park Landfill Gas Venting System Project BACKGROUND In May of 2010, the Common Council approved a relocation order which authorized the purchase of four properties adjacent to the former solid waste landfill located at Quarry Park. Our consultant (AECOM) has recommended the purchase of these properties because of the close proximity of the existing buildings to the landfill materials. ANALYSIS Our right -of -way acquisition consultant is reviewing the property values with the three separate property owners. At this time, Mr. & Mrs. Mena are not willing to sell their properties for the prices offered by the City of Oshkosh. Per State Statutes, the next step in the eminent domain process is for the City of Oshkosh to send the property owner a jurisdictional offer to purchase. When a jurisdictional offer is made, the City provides the property owner with the funds for the purchase price (i.e. revised offer) we feel is appropriate and in accordance with statutes. The City then assumes ownership of the property. The owner (in this case, Mr. and Mrs. Mena) may challenge this purchase price in circuit court should they so choose. The following information pertains to these properties: Pro pert Owner Initial Offer Revised Offer Owner Request 1039 -1041 West South Park Avenue Mersim /Isabel Mena $138,000 $145,000 $178,000 1043 -1045 West South Park Avenue Mersim /Isabel Mena $140,000 $147,000 $180,000 FISCAL IMPACT Funding for these acquisitions is included in the "Property Improvement Section" of the 2010 and 2011 Capital Improvement Programs. RECOMMENDATION I recommend approval of the jurisdictional offers. Respectfully Submitted, Approved: / David C. Patek Mark A. Rohloff Director of Public Works City Manager t?