City of Oak Creek

Common Council Report

 

Meeting Date: May 18, 2004

 

Item No.:         21

Recommendation:  That the Common Council adopt Resolution No. 10372-051804, accepting Waivers of Special Assessment Notices and Hearings for replacement of nine (9) concrete driveway approaches on E. Oak Lane, S. Austin Street, S. Chicago Court, E. Briandean Court and S. Highfield Court, and levying special assessments against benefited properties (Project Nos. 04011, 04016 and 04018) (1st, 4th and 5th Aldermanic Districts).

 

Background:  Per Resolution No. 10352-031604, the Common Council determined that Project No. 04011 - reconstruction of E. Oak Lane and S. Austin Street, Project No. 04016 - reconstruction of S. Chicago Court and E. Briandean Court, and Project No. 04018 - reconstruction of S. Highfield Court be completed as part of the 2004 Road Improvements contract.

 

All property owners within the above-listed project limits were given the option of having their approach improved in conjunction with the road improvement project.  Those opting to have their driveway approach replaced by the City’s contractor together with the road work will be special assessed the costs of the work and have signed a Waiver of Special Assessment Notices and Hearings.

 

Fiscal Impact:  Payment for the driveway approach work will come from funds reserved in the 2004 CIP budget for road improvements, with reimbursement coming from special assessments levied against benefited properties.

 

Prepared by:

 

 

Michael C. Simmons, P.E.

Construction Engineer

Respectfully submitted,

 

 

Wayne St. John, P.E.

Director of Public Works

 

 

 

 

Fiscal review by:

 

 

Beverly A. Buretta, CMC

City Clerk

 

 

RESOLUTION NO. 10372-051804

 

BY:  ___________________________________

 

RESOLUTION ACCEPTING WAIVERS OF SPECIAL ASSESSMENT NOTICES

AND HEARINGS FOR REPLACEMENT OF NINE (9) CONCRETE DRIVEWAY

APPROACHES ON E. OAK LANE, S. AUSTIN STREET, S. CHICAGO COURT, E. BRIANDEAN COURT AND S. HIGHFIELD COURT

AND LEVYING SPECIAL ASSESSMENTS

AGAINST BENEFITED PROPERTIES

 

(PROJECT NOS. 04011, 04016 AND 04018)

 

(1ST, 4th AND 5th ALDERMANIC DISTRICTS)

 

WHEREAS, in the judgment of the Common Council of the City of Oak Creek, it was deemed to be expedient and necessary and in the best interest of the City and the properties affected thereby that the City proceed with the following improvements at the following locations:

 

REMOVE AND REPLACE CONCRETE DRIVEWAY APPROACHES:

 

Properties identified as Tax Key Nos.:  768-0049, 768-0050, 779-0032, 779-0033, 865-0018, 865-0021, 865-0023, 923-0054 and 923-0093

 

and

 

WHEREAS, said property owners had requested that said improvements be installed to service their properties and said properties will benefit from the installation thereof, and

 

WHEREAS, said property owners have executed a Waiver of Special Assessment Notices and Hearings agreeing to the assessment of their land for the driveway approach work and have agreed to the payment thereof, all in accordance with Section 3.20 of the Municipal Code of the City of Oak Creek.

 

NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oak Creek as follows:

 

1.                  That the aforementioned improvements be installed.

 

2.                  That the Waivers of Special Assessment Hearings and Notices from the abutting property owners be, and are hereby accepted, such waivers covering the lands identified by Tax Key Nos. 768-0049, 768-0050, 779-0032, 779-0033, 865-0018, 865-0021, 865-0023, 923-0054 and 923-0093.

 

3.                  That the above-described public improvements constitute an exercise of the City's Police power and benefit the properties being assessed.

 

4.                  That each abutting property owner shall be assessed for the improvements in the manner set forth in Section 3.20 of the Municipal Code of the City of Oak Creek and the assessment rates as set forth in Common Council Resolu­tion No. 10184-120302.

 

 

5.                  That the special assessments may be paid in cash or, where the assessment exceeds $200.00, may be made in 10 annual installments bearing interest at the rate of 7% per annum on the unpaid balance.

 

6.                  That where the special assessments are not paid within 30 days of the date of the Notice of Levy of Special Assessment, the amount due shall be entered on the year of levy’s tax roll.

 

 

Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 18th day of May, 2004.

 

 

__________________________

President, Common Council

 

 

Passed and adopted this 18th day of May, 2004.

 

 

 

___________________­_______

Mayor

 

ATTEST:

 

 

___________________________                              VOTE:  Ayes _____ Noes _____

City Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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