HomeMy WebLinkAbout06. 12-322JUNE 26, 2012 12 -322 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DECLARE END TO EMERGENCY FOR RELOCATION OF
SANITARY SEWER MAIN AND LATERALS NEAR US HWY 41/21
INITIATED BY: CITY MANAGER
WHEREAS, on April 11, 2012, the Board of Public Works through Assistant City
Manager John Fitzpatrick declared an emergency under Section 62.15(1 b) of the
Wisconsin State Statutes and Section 12 -10 of the City of Oshkosh Municipal Code to
authorize waiving of bids and emergency relocation of sanitary sewer main and laterals
near the intersection of U.S. Highways 41 and 21.
WHEREAS, the emergency relocations are now complete and there is no longer a
need for the emergency declaration.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the Emergency declared on April 11, 2012 for the purpose of emergency
relocation of sanitary sewer main and laterals near the intersection of U.S. Highways 41
and 21 is hereby ended.
CADY
Ol-KOJH
ON THE WATER
MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: David C. Patek, Director of Public Workscp
DATE: June 21, 2012
RE: Resolution to Declare End to Emergency for Sanitary Sewer Construction on Oshkosh Avenue
BACKGROUND
On April 11, 2012, Acting City Manager, John Fitzpatrick, in accordance with Section 2-20(c) of the Municipal
Code, signed an Emergency Declaration declaring an emergency for the purpose of authorizing the relocation of
sanitary sewer and laterals in the Hwy 41/21 reconstruction project. The Wisconsin Department of
Transportation had ordered the relocation on or before April 23, 2012, and delay would have resulted in
significant damage to the existing sanitary sewer systems during the road construction and endangered the
public's health, safety, and welfare.
ANALYSIS
Pursuant to the Declaration of Emergency, the sewer relocation was completed. The new facility is operational
and there is no longer a need for the emergency declaration. Therefore, it is necessary for the Council to
declare an end to the emergency.
FISCAL IMPACT
There is no fiscal impact to this resolution.
RECOMMENDATIONS
It is recommended that the Council pass the Resolution declaring an end to the Emergency declared on April
11, 2012 for the purpose of relocation of sanitary sewer and laterals on Oshkosh Avenue.
Approved:
Mark A. Rohloff
City Manager
DC Pith
I:1Engineering112-16 San Sewer&Laterals-Oshkosh Ave\Project_Information\Correspondence\Memo\12-16 End Emer Declaration-DCP_6-21-12.docx
APRIL 11, 2012 BOARD OF PUBLIC WORKS RESOLUTION
CITY OF OSHKOSH, WISCONSIN
PURPOSE: DECLARE EMERGENCY UNDER §62.15(1b), STATS.
AND SECTION 12-10 OF THE CITY OF OSHKOSH MUNICIPAL
CODE AND WAIVE BIDS & AUTHORIZE RELOCATION OF
SANITARY SEWER MAIN AND LATERALS NEAR US HWY 41/21
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the State of Wisconsin is currently reconstructing the US 41/21
interchange within the City of Oshkosh; and
WHEREAS, a conflict between the construction and a sanitary sewer owned and
operated by the City of Oshkosh and sanitary sewer laterals owned by the abutting
property owners has been identified; and
WHEREAS, the Wisconsin Department of Transportation has ordered the
relocation of the City's sanitary sewer on or before April 23, 2012; and
WHEREAS, delay in relocation of the sanitary sewer and laterals will result
from following the City's traditional bidding process; and
WHEREAS, delay in the relocation of the sanitary sewer and laterals will
result in significant damage to and/or failure of the existing sanitary sewer during
the continuing construction and endanger the public's health, safety and welfare;
and
WHEREAS, Section 62.15(1b), of the Wisconsin Statutes, and Section 12-
10(D) 2., of the City of Oshkosh Municipal Code, authorize the waiving of bidding
requirements for the repair and reconstruction of public facilities when the Board of
Public Works (the City Manager, per section 2-20(C) of the City of Oshkosh
Municipal Code) determines by resolution that damage or threatened damage
creates an emergency in which the public health, safety or welfare of the city is
endangered.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works (City
Manager, or designee) that the need to relocate the sanitary sewer in the Hwy
41/21 reconstruction project creates an emergency threatening the health, safety
and welfare of the city, requiring the expedient relocation of the sanitary sewer.
BE IT FURTHER RESOLVED that the proper city officials are authorized and
directed to waive bids and enter into agreements with an appropriate utility
contractor and the Wisconsin Department of Transportation to complete all
necessary repairs.
BE IT FURTHER RESOLVED that, once the repairs have been completed and
the emergency no longer exists, the Common Council of the City of Oshkosh be
asked to approve an appropriate motion pursuant to section 62.15(1b), of the
Wisconsin Statutes, declaring an end to the emergency.
BY THE BOARD OF PUBLIC WORKS
Dated: April 11 , 2012
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John Fitzpatric ?
Acting City Maa er