The URL can be used to link to this page

Home My WebLink About91-045 � FEBRUARY 7, 1991 91-45 RF,SOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPECIAL ASSESSMENT AGRICULTURAL DEFERMENT POLICY INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN COMMISSION RECOMMENDATION: Approved 9-0 WHEREAS, Section 66.60 of the Wis. Stats. authorizes the City of Oshkosh, in the course of exercising its police power, to levy special assessments upon a reasonable basis affecting parcels of real estate that have been specially benefited by municipal work or improvements; and WHEREAS, Section 66.605 of the Wis. Stats. authorizes the City of Oshkosh to defer the due date of any special assessment on such terms and in such manner as prescribed by the Common Council of the City of Oshkosh; and WHEREAS, there has not previously been a comprehensive policy of the City of Oshkosh addressing the granting of deferment of special assessments, relative to certain improvements that may be adjacent to agricultural lands, in the Municipal Code of the City of Oshkosh and the Common Council of the City of Oshkosh now wishes to provide for uniformity and equal treatment of the deferment of special assessments in this regard. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached "Special Assessment Agricultural Deferment Resolutiori", relative to the deferment of assessments on certain improvements that may be rtdjacent to agricultural lands, is hereby approved, � `:i � _i; 1�;Y � ...-,�- � � � �.,�- A y pi ��=v'�'��"�2� � � � - 3 3 - � �� Res 91-45 . 3PECIAL AS3E38MENT AGRICULTURAL DEFERMENT RE80LUTION A Resolution prescribing a uniform comprehensive policy for deferment of special assessments. KECITALS: WHEREAS, Section 66.60 of the Wis. Stats. authorizes the City of Oshkosh, in the course of exercising its police power, to levy special assessments upon a reasonable basis affecting parcels of real estate that have been specially benefited by municipal work or improvements; and WHEREAS, Section 66.605 of the Wis. Stats. authorizes the City of Oshkosh to 'defer the due date of any special assessment on such terms and in such manner as prescribed by the Common Council of the City of Oshkosh; and WHEREAS, there has not previously been a comprehensive policy of the City of Oshkosh addressing the granting of deferment of special assessments in the Municipal Code of .the City of Oshkosh and the Common Council of the City of Oshkosh now wishes to provide for uniformity and equal treatment of the deferment of special assessments. THE COMMON COUNCIL OF THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, DO RESOLVE AS FOLLOWS: DEFERMENT OF SPECIAL ASSESSMENTS: The general policy of the City of Oshkosh is a presumption against deferment of special assessments because s�ach a deferment imposes an extra temporary cost of a municipal project that specially benefits selected parcels of real estate collectively upon all parcels of real estate and owners of personal property in the City of Oshkosh. For this reason, any persons or entities who wish to obtain the privilege of a deferment of a special assessment must overcome this presumption by proving the ability to qualify for the deferment to the Common Council of the City of Oshkosh in accordance with the terms and requirements of this Resolution. ( 1) The only types of special assessments eligible for deferment are sanitary sewer mains, water mains, storm sewers, streets and curb and gutter. All other types of special assessments are not eligible for deferment. ( 2) Deferment of special assessments are authorized only for the following types of real estate: (a) Land that has been and is presently used actively for agricultural purposes. ( 3) Deferment of special assessments for agricultural land is authorized only when the following requirements are satisfied: - 33a - '. . Res 91-45 - 2 - (a) The parcel of agricultural land must have been activel.y used for agricultural purposes for at least three (3) of the previous five (5) years and must continue to be used for agricultural purposes for the duration of the deferment; agricultural zoning is not required for deferment purposes. In the event that the applic�,nt for the deferment has not owned the parcel long enough to sAtisfy this requirement, a showing of previous agricultural use by previous owners for the time period required herein is sufficient to satisfy this requirement. (b) The agricultural use must be carried on by the owner or have been carried on by previous owners. ( 4) In the event there are structures on a parcel of real estate tt�at is capable of being divided into two (2) or more buildable lots which qualify for a deferment of special assessments and the structure or structures thereon must be connected to and must use sanitary sewer and water because of State law or other provisions of the Municipal Code, that required use of the sanitary sewer and water shall not disqualify the entire parcel for deferment; however, the Common Council shall collect the special assessment as to the minimum frontage required for creation of a buildable lot consistent with the applicable zoning at the time of the levy of the special assessment and shall defer the remainder ' of the special assessment in accordance with this Deferment Policy. In any event, the user of the sanitary sewer and water is not exempted by the deferment of special assessment from the requirement to pay the usual costs of lateral installation, hook up, and periodic user charges. In the event there are structures on a parcel of real estate that is not capable of being divided into two (2) or more buildable lots which qualify for a deferment of special assessments and the structure or structures thereon must be connected to and must use sanitary sewer and water because of State law or other provisions of the Municipal Code, the Common Council may defer the special assessment us to th�t pnrcel on such terms and conditions as it deems reasonable. In any event, the user of the sanitary sewer and wacer is not exempted by the deferment of special assessment from the requirement to pay the usual costs of lateral installation, hook up, and periodic user charges. ( 5) Special assessments for which a deferment is granted in accordance with this Resolution shall not bear interest. ( 6) Special assessments for which a deferment is granted in accordance with this Resolution shall terminate upon the occurrence of atiy of the following events. (a) Any transfer of the parcel of real estate benefiting from the deferment by all owners of record at the time of the granting of the deferment that may be made by sale, gift, probate, foreclosure, for benefit of creditors, or any other form of transfer of title, except that if a transferee of a parcel of agriculti�ral real estate benefiting from an agricultural deferment granted in accordance - 33b - t ' . �. ' ' Res 91-45 - 3 - with this Resolution intends to continue the agricultural use subject to the conditions recited above for the agricultural deferment, the Common Council may, but is not required to, approve the continuance of the deferment. If a portion of a parcel of real estate benefiting from the deferment of a special assessment is being transferred, the deferment of the special assessment shall be terminated only as to that portion transferred and the deferred special assessment attributable to the portion not being transferred shall be determined by pro-ration of front footage or area, or by such other method as tlie Common Council shall deem reasonable and appropriate. If one or more of multiple owners transfer their fractional interest in a parcel of real estate ' benefited by a deferment of special assessment to an existing owner or owners, or a third party, and one or more of the owners existing at the time of the granting of the deferment retains a fractional ownership interest, as in the case of a divestment in a divorce action or a partition, the deferment shall remain effective as long as the other circumstances of the deferment remain satisfied. (b) The termination of the agricultural use. (c) Approval by the Common Council of a recommendation to terminate a deferment of a special assessment following a periodic review of cases of deferment of special assessment, or on the Common Council's own separate initiative at any time, provided tt�at the persons or entities owning real estate benefiting from a deferment of special assessment shall be provided with notice by mail of a consideration date at which said owners may appear with appropriate evidence relevant to the circumstances of the deferment and to speak in opposition to the termination of the deferment. ( 7) Upon the termination of deferment of a special assessment for any reason, the owner of the parcel of real estate benefiting from t}�e special assessment shall have the option of paying the special assessment in full or paying ii� installments, pursuant to Section 25- 89(B) of the Oshkosh Municipal Code. ( 8) The Common Council shall review all existing deferments of special assessments at least every five (5) years to consider any cl�ange of circumstances that might justify termination of the deferment. Those owners of parcels of real estate benefiting from deferment of special assessments shall be provided with notice by mail of a consideration date at which said owners may appear with appropriate evidence relevant to the circumstances of the deferment. In the event that said owner or owners fail to respond, such failure to respond may be considered as sufficient reason to terroinate the deferment without further notice. If the Common Council has any reason to believe at any time that any particular deferment is no longer justified, the Common Council may on its own initiative review that particular deferment, provided that the owner or owners of the subject parcel of real estate are given notice of - 33c - ��• Res 91-45 - 4 - the review by mail and are permitted to appear and provide evidence relevant to the deferment. The Common Council shall also have the right to review all deferments of special assessment existing before the passage of this Resolution with notice to the owner or owners by mail and the right to present relevant evidence as described �bove; the Common Council shall have the right to apply the requirements of this Resolution to such previously existing deferments prospectively and not retroactively and may terminate such deferments if the deferments are found not to be in compliance with this Resolution. ( 9) Special assessments that have been deferred may be voluntarily paid at any time in full or in part during the existence of the deferment. At � the termination of the deferment, an election must be made: (a) to pay the special assessment in full; or (b) to pay in installments pursuant to Section 25-89(B) of the Oshkosh Municipal Code. (10) All persons or entities seekir►g to obtain a deferment of a special assessment must sign a Deferment Agreement as a condition of the approval of the deferment by the Common Council; if the Agreement is not signed by all owners of record, the deferment cannot be granted. (11) Notwithstanding any contrary provisions of this Resolution, the Common Council may grant a deferment of a special assessment affecting any parcel of real estate under any conditions it deems appropriate. 1/91 :sadres - 33d - � O CD lD "a lD � � � �� N �7 � 'S (D 'S • �--� O C 'S O m z w � < � p •• � CD CD � .. � � _s rh (n 1 V "C7 � Z D D � � lD CJl O -G � O c"� m m o -� � �• cn cn � �o �-• sv -� �o c� � � � �o� D �� N � CD N N � N � � D tn � �. n c � �+ c -5 n� �