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HomeMy WebLinkAbout23. 15-219 APRIL 28, 2015 15-219 RESOLUTION (CARRIED___7-0___ LOST________ LAID OVER________ WITHDRAWN_______) PURPOSE: APPROVE FINAL RESOLUTION / UTILITIES, SIDEWALK, GRADING & GRAVELING, CONCRETE PAVING / SODA CREEK ROAD & JACKTAR ROAD INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 28th day of April 2015, 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 initial resolution adopted April 28, 2015, by the Oshkosh Common Council of the following named areas: Soda Creek Road & Jacktar Road Sanitary Sewer and Laterals, Water Main and Laterals, Storm Sewer and Laterals, Sidewalk, Street Lighting, Grading and Graveling, and Concrete Paving 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. APRIL 28, 2015 15-219 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 instaltment 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. 9. This approval is conditioned upon the developer executing a Developers Agreement and providing the necessary financial documents by August 15, 2015. If the Developer fails to execute a Developer's Agreement in a form acceptable to the City and/or fails to provide the necessary financial guarantees required by the Developer's Agreement on or before August 15, 2015, then this Resolution shall be automatically repealed with no further action required by the Council.