RESOLUTION NO. 10699-111306
BY: _____________________________
AMENDING RESOLUTIONS 563-030663 AND 592-041163 REGARDING OWNERSHIP AND CONTROL OF THE OAK PARK APARTMENTS
8720, 8739, 8767, 8873 and 8828 South Oak Park Drive
(3rd Aldermanic District)
WHEREAS, on March 6, 1963 the Common Council of the City of Oak Creek adopted Resolution No. 563-030663, approving a site plan of Oak Park, Inc. for a planned development of Multiple family dwellings and imposing certain conditions and restrictions thereon ; and
WHEREAS, Oak Park Apartments, Inc. has petitioned the City to amend Section 8 of Resolution No. 563-030663 to read that the entire project shall be held in single or corporate ownership or control or shall be managed by a property owner’s association or other appropriate managing mechanism to assure that any common facilities are properly maintained. A copy of the bylaws of the management association shall be provided to the City; and
WHEREAS, on April 16, 1963 the Common Council of the City of Oak Creek adopted Resolution No. 592-041663, authorizing execution of agreement with Oak Park, Inc. providing for central authority for maintenance of buildings and sites ; and
WHEREAS, Section 3 of Resolution No. 592-041663 requires that Oak Park, Inc. shall be responsible for management and maintenance for any dwelling units sold to 3rd persons, unless the City of Oak Creek consents that said 3rd person may manage and maintain their dwelling units; and
WHEREAS, Section 4 of Resolution No. 592-041663 requires that the obligations of Oak Park, Inc. to manage and maintain said building shall remain in force for fifty years from the date of this agreement unless sooner terminated by written consent of the City of Oak Creek; and
WHEREAS, Section 7 of Resolution 592-041663 requires that this agreement shall bind any successor or assigned of Oak Park, Inc. and shall not be assigned or transferred without the written consent to the City of Oak Creek; and
WHEREAS, Oak Park Apartments, Inc. has petitioned the City to delete Sections 3, 4 and 7 of Resolution 592-041663 and replace it with language requiring that the entire project shall be held in single or corporate ownership or control or shall be managed by a property owner’s association or other appropriate managing mechanism to assure that any common facilities are properly maintained. A copy of the bylaws of the management association shall be provided to the City; and
WHEREAS, the Plan Commission has reviewed the petitions and has recommended that these resolutions be amended accordingly;
NOW, THEREFORE, BE IT RESOLVED that Section 8 of Resolution No. 563-030663 is amended to read that “The entire project shall be held in single or corporate ownership or control or shall be managed by a property owner’s association or other appropriate managing mechanism to assure that any common facilities are properly maintained. A copy of the bylaws of the management association shall be provided to the City”.
BE IT FURTHER RESOLVED that Sections 3, 4 and 7 of Resolution 592-041663 are deleted and replaced with language requiring “That the entire project shall be held in single or corporate ownership or control or shall be managed by a property owner’s association or other appropriate managing mechanism to assure that any common facilities are properly maintained. A copy of the bylaws of the management association shall be provided to the City”.
BE IT FURTHER RESOLVED that this resolution, in the City of Oak Creek, Wisconsin, is hereby approved by the Common Council.
Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 13th Day of November, 2006
Passed and adopted this 13th day of November, 2006.
_________________________
President, Common Council
Approved this day of , 2006.
__________________________
Mayor
ATTEST:
VOTE: Ayes Noes _____