HomeMy WebLinkAbout11-473
OCTOBER 25, 2011 11-473 RESOLUTION
(CARRIED__7-0___ LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: AUTHORIZE JURISDICTIONAL OFFER FOR THE JAMES ROAD
AREA STORMWATER DETENTION BASIN PROJECT IN THE
AMOUNT OF $825,000.00
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 James Road Area Stormwater Detention Basin
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 a
Jurisdictional Offer and Awards of Damage (if necessary), as follows:
Parcel 1: $825,000.00; Wesley A. & Shirley A. Radloff; 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:
Acct No. 561-2010-1799-00000 Storm Water Utility – Construction Work in Progress
CITY HALL
215 Church Avenue
P.O.Box 1130
Oshkosh,Wisconsin
54903-1130 City of Oshkosh
OIHKOJH
TO: Honorable Mayor and Members of the Common Council
FROM: David C. Patek, Director of Public Works
DATE: October 20, 2011
RE: Approval of Jurisdictional Offer for the James Road Area Storm Water Detention Basin Project
BACKGROUND
In September of 2010, the Common Council approved a relocation order which authorized the purchase of
property near State Trunk Highway 91 and James Road. The City has officially mapped approximately 55
acres of undeveloped land (from a total parcel area of approximately 139 acres) for construction of a storm
water detention basin.
ANALYSIS
Our right-of-way acquisition consultant has reviewed the property value for this parcel with the property
owner. At this time, the property owner is not willing to sell the property for the price 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 State Statutes. The City then assumes ownership of the property. The owner may
challenge this purchase price in Circuit Court should they so choose. The following information pertains to
this property:
Property Owner Initial Offer Revised Offer Owner Request
Section 31/Town of Algoma Wesley & Shirley Radloff $747,200 $825,000 No Response
FISCAL IMPACT
Funding for this acquisition is included in the "Storm Sewer Construction Section" of the Capital
Improvement Program.
RECOMMENDATION
I recommend approval of the jurisdictional offer.
Respectfully Submitted, Approved:
1 -d ,
David C. Patek Mark A. Rohloff
Director of Public Works City Manager
DCP/tIt
H:\tracyt\Tracy's Files\Memos to Mayor&Common Counci112011\Approve Jurisdictional Offer-James Rd Area SW Det Basin_10-20-11.doc
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