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HomeMy WebLinkAbout02. 14-324 JULY 22, 2014 14-324 RESOLUTION (CARRIED___7-0____ LOST________ LAID OVER________ WITHDRAWN_______) PURPOSE: APPROVE AMENDED FINAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR SANITARY SEWER AND SANITARY SEWER LATERALS ADJACENT TO SAWYER CREEK (FOX TAIL LANE TO CLAIRVILLE ROAD) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 22nd day of July, 2014, 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 amended initial resolution adopted July 8, 2014, by the Oshkosh Common Council of the following named streets: Sanitary Sewer and Sanitary Sewer Laterals: In an easement along the south side of Sawyer Creek from Fox Tail Lane to the th extension of 20 Avenue/Clairville Road 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. 3. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said report, except as modified herein. JULY 22, 2014 14-324 RESOLUTION CONT'D 4. Assessments shown on the report represent an exercise of the police power and have been determined on a reasonable basis 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 all 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 July 11, 2014 Dear Property Owner. Please find enclosed the following documents for your information and review: 1. A letter of explanation from Public Works Assistant Director Steven Gohde. 2. The amended Initial Resolutions (a & b) 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 July 22, 2014 regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on July 22, 2014. 4. Special assessment payment plan options explaining the payment choices after Contract No. 09 -02 is certified as complete — payment choice or payment is not accepted at this time. 5. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and estimated 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, CITY OF OSHKOSH PAMELA R. UBRIG CITY CLERK City Clerk ANGELA J. JOECKEL Deputy City Clerk CITY HALL (� Of HKO H 295 Church Avenue P.O. Sox 3130 ON THE WATER Oshkosh, WI 54992 -1130 July 11, 2014 Dear Property Owner. Please find enclosed the following documents for your information and review: 1. A letter of explanation from Public Works Assistant Director Steven Gohde. 2. The amended Initial Resolutions (a & b) 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 July 22, 2014 regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on July 22, 2014. 4. Special assessment payment plan options explaining the payment choices after Contract No. 09 -02 is certified as complete — payment choice or payment is not accepted at this time. 5. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and estimated 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, CITY OF OSHKOSH PAMELA R. UBRIG CITY CLERK CITY HALL 235 Church Avenue P.O, Box 3 130 Qshi:os 6 903 -1130 City of Oshkosh July 11, 2014 Subject: Re- Opening of the Public Hearing to Revise Special Assessments Amounts For City Contract 09 -02 (Amended Initial Resolutions 14 -310 & 14 -311 and Final Resolution 09 -185) To: Property Owners Related to the Fantastic Six Development The City of Oshkosh installed sanitary sewer mains, water mains, sanitary sewer laterals, and water laterals as part of a public construction project, City Contract 09 -02, to serve the new development for Fantastic Six, The lots were created via Certified Survey Map (CSM) 6331. The Developer signed waivers of special assessment notices for this work. The City of Oshkosh is attempting to certify the assessments for Contract 09 -02 (20'h Avenue Water Main and Sawyer Creek Sanitary Sewer Interceptor). The City is not able to finalize the assessments with the original waivers because some of the individual assessment items have exceeded the original estimated costs. These cost increases were due to changes in the parcel layouts at the time the final CSM was recorded, and cost increases due to the work being delayed until 2009. The enclosed sheets show the final assessments to each lot based on actual quantities installed and calculated in accordance with the City's Assessment Policy, The sheets show the original waiver amounts for each lot and the revised amounts to reflect the recorded CSM 6331 lot layouts and actual assessment rates for 2009 construction. The final total costs of the assessments are less than the original estimated costs. However, due to the items being originally itemized separately, a new Public Hearing must be held to increase the itemized amounts. On Tuesday, July 22, 2014, at 6:00 p.m. in the Common Council Chamber of the Oshkosh City Hall, the Common Council will re -open the public hearing to reconsider the assessable costs. Staff will be available beginning at 5:00 p.m. in Room 404 of City Hall, the rear of the Council Chamber, to answer any questions. You may also contact Pete Gulbronson or myself at the number below to have questions answered. Please contact the Engineering Division of the Department of Public Works at (920)236 -5065 with any questions about the individual assessment costs or calculations. Sincerely, /&�_ / 1 Steven M. Gohde, P.E. Assistant Director of Public Works / City Engineer 8MG/t1t Enclosures 1:\Engffieering\2000 - 2010 CONTRACTS\2009109 -02 Sawyer Creek Sanitary Intereeplo"roject_ Information \CorrespondencelLetims109 -02 Fantastic 6 Assessment Rev 7- 11 -Kdu� JULY 8, 2014 14 -310 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AMENDED INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR SANITARY SEWER AND SANITARY SEWER LATERALS ADJACENT TO SAWYER CREEK (FOX TAIL LANE TO CLAIRVILLE ROAD) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council previously approved an Initial Resolution #07- 285 on October 9, 2007 for special assessments for sanitary sewer from Fox Tail Lane to Clairville Road, and WHEREAS, sanitary sewer laterals were also required to be installed with the project and final costs and quantities have now been determined; and WHEREAS, it is necessary to amend the special assessment resolution to reflect these changes. NOW, THEREFORE, 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 police 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 Sanitary Sewer Laterals: In an easement along the south side of Sawyer Creek from Fox Tail Lane to the extension of 20th Avenue/ Clairville 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. JULY 8, 2014 14 -310 RESOLUTION CONT'D 4. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 5. 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: (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. (4) The total assessment against each parcel 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. 6. 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 before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. The assessment against any parcel may be paid in cash, paid with the first property tax installment, or in ten (10) installments if the total amount of the assessment is greater than five hundred dollars ($500.00) or fifteen (15) installments if the total amount of the assessment is greater than one thousand dollars ($1000.00). 7. 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. Pr r WRALI Lum INSUM 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 66.0703(7)(a) 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: SANITARY SEWER & SANITARY SEWER LATERALS In an easement along the south side of Sawyer Creek from Fox Tail Lane to the extension of 20th Avenue/ Clairville Road SANITARY SEWER, SANITARY SEWER LATERALS, WATER MAIN & WATER LATERALS 20th Avenue, Clairville Road to 3000 east The report of the Public Works Director 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 JULY 22, 2014. All objections will be considered at said hearing and thereafter the amount of assessment will be finally determined. CITY OF OSHKOSH PAMELA R. UBRIG PUBLISH: 7/12/2014 CITY CLERK SPECIAL ASSESSMENT PAYMENT PLAN OPTIONS AFTER ''.`#'ONTRACT NO. 09-02 IS CERTIFIED AS COMPLETE CONTRACT NO 09 -02 WILL CONSISTE OF SANITARY SEWER & SANITARY SEWER LATERALS In an easement along the south side of Sawyer Creek from Fox Tail Lane to the extension of 20th Avenue/ Clairville Road SANITARY SEWER, SANITARY SEWER LATERALS, WATER MAIN & WATER LATERALS 20th Avenue, Clairville Road to 3000 east Included in this mailing, is an estimated amount (quantities and costs) of the special assessment (sheet #5) against your property or properties. A statement of the same is on file in the office of the City Clerk. Once Contract No. 14 -20 is certified as complete by the Public Works Department, the final amount (quantities and costs) of the special assessment against your property or properties will be mailed to you. At that time you will also receive the paperwork to select a payment choice for the special assessments. PAYMENT CHOICE OR PAYMENT IS NOT ACCEPTED AT THIS TIME. THE PAYMENT OPTIONS SHEET YOU WILL RECEIVE AFTER THE CONTRACT IS CERTIFIED AS COMPLETE WILL HAVE THE FOLLOWING OPTIONS: INVOICE - PAYMENT WITHIN 30 DAYS If you choose this option, the City of Oshkosh will then send you a special assessment invoice and you must make payment within thirty days of that notice. If the payment is not made within thirty days after receiving the special assessment 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 including interest will be placed on the next property tax bill. TOTAL ASSESSMENT ON NEXT TAX BILL IN FULL 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. TEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL (ASSESSMENT MUST BE IN EXCESS OF $500.00) The amount of the assessment will be placed on the property tax bill with interest at 6% on the unpaid balance per year over the ten- (10) year period. The annual assessment payment and interest will be included in each year's 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. (Applies to assessments in excess of $500.00.) FIFTEEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL (ASSESSMENT MUST BE IN EXCESS OF $1,000.00) The amount of the assessment will be placed on the property tax bill with interest at 6% on the unpaid balance per year over the fifteen- (15) year period. The annual assessment payment and interest will be included in each year's 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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