HomeMy WebLinkAbout28950 / 77-01__-- -------"
.7une 2, 1977 #i3
FIRST READTNG
ORDINANCE
PURPOSE: TO REPEAL AND RECREATE SECTION 25-11 OF THE OSHKOSH
MUNICIPAL CODE
INITIATED BY: COUNCIL PERSON TEICHMILLER
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING
SECTION 25-11 OF THE REVISED MUNICIPAL CODE.
The Common Council of the City of Oshkosh do ordain as
follows:
SECTION l. That Section 25-11 oi �he Revised Munieipal Code
is hereby repealed.
SECTION 2, That Section 25-11 of the Revised Municipal Code
is hereby recreated �o read as follows:
Section 25-11
The city estimates that streets improved by sealcoats
should not need extensive improvements for 3 years,
stree�s improved by hot-mixed asphaltic resurfacing
should not need extensive improvement for 12 years;
and streets improved by Portland Cement Concrete pave-
ment or asphaltic concrete pavement with curb and �
gutters should not need extensive improvements for 25
years. Tf any surface repairs are necessary during the
life expectancy of the street improvement, the Special
Assessment for the new street improvement shall be re-
duced by the proportional amount of the original assessment
of the sealcoat, asphaltic resurfacing, or pavement as it
would be depreciated on a straight line basis on the life
expectancy of the original improvement. Whenever the city
improves the stree� by constructing a new Portland Cement
Conerete Pavement, a new Asphaltic Concrete �avement with
Portland Cement curb and gutters, or resurfacing an existinp�
base of pavement which has been deemed adequate by the city
with Asphaltic Concrete with Portland Cement curb and gut-
ters, such ac�ivity shall be defined as Pavement and shall
have a life expectancy of 25 years.
SECTION 3. This ordinance shall be in full force and efiect
#'rom and aiter its passage and date of publication,
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June 2, Z977
FIRSi READING
# 1- �
ORDINANCE
PURPOSE: TO REPEAL AND RECREATE SE�TTON 25-11 OF THE OSHKUSH
MUNICIPAL CODE
INIlIATED B`i: COUDiCII, PERSON ^'EICHNSZT.,LER
�
A GEticRAL GRDINANCE OP` THE CITY OF OSHKOSH REPEALING AND R;�CREATING
�ECTIO:I 25-11 OF TH� REVISED MUNIGIFAL CODE.
��e Comz*ton Cauncil of tY�e City of Qshkosh do ordain as
follow�:
SECTION 1. That Section 25-11 of the Revised Municipal Code
is hereby repealed.
SECTION �. That Section 25-11 of he Revised Municipal Code
is hereby rec:reated to read as follciws: -
�ectzon 25-I1 �,�4�
- ��
The city estimatp� i-.I-ia� str. s impro;wed by sealcoats
should no� need extensive��provernents for 3 years,
streets improved hot- ed asphaltic resurfacing
shc�uld not need xt nsi improvement for 12 years;
and s-�reets imprct,ve - b�kl` ort 7.and Cement Concrete pave-
m�r.t or aspha� ti �'> c nc ete r�a'vem�nt with curb and
auttErs sha:.11c:. nc ..�. ext �sive ?_m�rovemen�s fc�r 25
yPa� s. 1 f any s ar ac� re�� z-s are iiecessary c�ur ing
the life expectanc af 3, 2, or 25 years for sealcoats,
asbhaltic resurfacir.g, or pavemer.t, they shall be
mad? at city ger.eral expense and not b_y Special
�ssessment against abutting property owners.
SECTZON 3. This ordinance shall be in full farce and effect
fron and after its passage and date of publication.
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Section 25-11, Now Reads:
"The city estimates that hot mix blacktop should last 12 years and
concrete 25 years. If any surface repairs are necessary during the
life expectancy of l2 or 25 years for hot mix black�op or concrete
respectively, they sha11 be made at city genera1 expense and not �y
Special Assessment against abutting property owners, Any resurfacing
done after said life expectancy in order to pralong the life of tne
street shall be paid for by Special Assessments to the abutting pro-
perty owners."
Change To:
"The city estimates that streets improved by sealcoats shou1d not ne�d
extensive improvements for 3 years, streets improved by hot-mixed ashaltic
resurfacing should not need extensive improvement for 12 years; and streets
improved by Portland Cement Concrete pavement or asphaltic concrete pave-
ment with curb and gutters should not need extensive ir�provements for 25
years. If any surface repairs are necessary during the life expectancy
of 3, 12, or 25 years for sealcoats, asphaltic resurfacing, or pavement,
they shall be made at city general expense and not by Special Assessment
against abutting property owners."
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1�-� CITY H�LL s 215 CHURCH AVENUE � P_O, BOX 1130 e OSHKOSH,WtSCONSi(�! 5490t
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��- �`� -�'� Date: June 20, 1977
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Kenn?;h R. Schie'elb3in
P: �:�e" :
Don FL Kvt�rra
'J'ro Pses:den_
.`z r,� � t.4ather
Ko`✓�rt H. t�Soser
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From: Ci ty Manager����l ,^�.�f
To: hlembers of the City Council
Ordinance Regardi� Section 25-1? of thA Qshkosh Municipal Code
`�'y��n ��Fp At the Ci ty Counci 1 D1eeti ng on June 2, 1977, an ordi nance was i ntro-
G3orz N.x�o� duced which would recreate Section 25-11 of the Oshtcosh Municipal
PzrniceTeichmiffer Code pertai ni ng to tF�e 1 i fe expectancy of vari ous ki nds of street
� - ''��'� improvements.
1'iilliam Q. Frueh
The present Ordinance reads as follo���s:
"The city estimates that hot-�r►ix blacktop should last
12 years and concrete 25 years� If any surface repairs
are necessary during the life expectancy of 12 ar 25
years for hot-mix blacktop or concrete respectively,
they shall be made at city ger�eral E�xpense and not by
Special Assessment against abutting property owners. `'
Any resur�acing done after said life expectanc_y in
order to prolong tFie life of the street shall be paid
for by Special Assessments to the abtttting praperty
owners. °'
The problems associated ►•rith this Ordinance is that it uses a raiher
archaic descri;piion far hot-r�ix blackiop. For examp7e, does hot-mix
6lacktop include the �isphaltic Concrete Pavement design defined in our
SuSdivision Ordinance as an equally acceptabte pavement as Portland
Cement Concrete Pavement. I do not believe it does and the term is
usu�lly applied to Asphaltic Concrete resurfacing on an existing, paved
street.
The second problem in the existing Ordinance is that it does not speak
to the problem of sealcoating and ho;�� long a sealcoat should 7as�.
41ith that thought in mind, I proposed the Orcfinance t� read as fol7o�vs:
"The city estimates that streets improved by sealcoats
should not need extensive improvements for 3 years,
streets improved by hot-mixed asphaltic resurfacing
should not need extensive improvement for 12 years;
and streets improved by Portland Cement Concrete Pavement
or Asphaltic Concrete Pavenent ���ith curb and gutters
should not need extensive imvrovements for 25 years.
If any suraface repairs are necessary during the life
expectancy, of 3, 12, or 25 years for sealcoats, asphaltic
resurfacing, or pavenent, they shall t�e made at city general
c��•, -�nc�t� 0.+�1 nn�F i�.. C.�- ' •
:-n�l�_.-..-_ :. i:•_� ,.�.e. _� .�u!'i_1�� ±,S>e'-SSliie=�i{i �+i!iitii(. %i(�;ii i )t}�
property owners," `
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Ordinance Regarding Section 25-11
�• or" the Oshkosh t�unicipal Code
Jur:e 20, 1977
Page -2
�tnen the Ordinance was being considered for its second reading on
June 76, several questions ��rere raised and the Ordinance was liad
over. In order to make the provision more equitable should an im-
prove�nent�be necessary �•�ithin the life expectancy period and in order
to rere clearly define terms, I would recemmend that when the Or�dinance
is ready for its third reading at the next Council Meeting, an amend-
r�en� be made arf�ich wou7d change the final sentence and add a sentence.
Starting with the final sentence of the proposed Ordinance, I would
reco;�:mend ihat i t be amended as fol l otias :
"If any surface repairs are necessary during the life
expectancy of the sireet improvement, the Special Assess-
ment for the new street improvement shall be reduced by
�he proportional amount of the original assessment of the
sea7coat, asphaltic resurfacing, or pavement as it would
be depreciated on a straight line basis an the life expec-
tancy af�the original improvement, l�lhenever the city
improves the sireet by constructing a new Portland Cement
Concrete Paver�ent, a ne��r Asphaltic Concrete Pavement with
Portland Cement curb and gutiers,or resurfacing an existing
base of pavement �•rhich has been deemed adequate by the city�-
with Aspha1tic Concrete �rith Portland Cement curb and gutters,
such actir�i�cy shaii be defined as Pavement and shail haue
a life expectancy of 25 years,"
I believe that the above reference amendment would provide a more equitable
basis for future street improvements.
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