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Resolution authorizing intent to perform certain street and alley improvement projects during the 2023 construction season and to assess neighboring property owners
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BE IT RESOLVED, by the Board of Public Works of the City of Wauwatosa, Wisconsin, that
Section 1. The Board of Public Works of the City of Wauwatosa, Wisconsin hereby declares its intention to exercise its police power, under Section 66.0703 of the Wisconsin Statutes, to levy special assessments upon property in the City of Wauwatosa within the following described area for the benefits conferred upon such property by the repaving of:
Street & Location: N. 115th St. from Bluemound Rd To Underwood Creek Pkwy.
Ald Dist: 3
Exist & Prop. Width: 36(36)
Pavement Construction Type: D- Asph
Assessed Sidewalk Work: No
Street & Location: North Ave. from N. 104th St. to Mayfair Rd.
Ald Dist: 7
Exist & Prop. Width: 36-28-36(25-24-31)
Pavement Construction Type: A-Asph
Assessed Sidewalk Work: Yes
Street & Location: North Ave. from Met-to-wee Ln. to N. 104th St.
Ald Dist: 6
Exist & Prop. Width: 36-28-36(25-17-31)
Pavement Construction Type: A-Asph
Assessed Sidewalk Work: Yes
Street & Location: Alley between W. Burleigh St. and Chambers St. from N. 122nd St. to N. 124th St. (East-West Leg)
Ald Dist: 7
Exist & Prop. Width: 20 (20)
Pavement Construction Type: A-Conc
Assessed Sidewalk Work: No
Street & Location: Alley between W. Burleigh St. and Chambers St. from N. 122nd St. to N. 124th St. (North-South Leg)
Ald Dist: 7
Exist & Prop. Width: 20 (20)
Pavement Construction Type: A- Green
Assessed Sidewalk Work: No
Street & Location: Alley between W. Meinecke Ave. And North Ave. from Lefeber Ave. St. (East-West Leg)
Ald Dist: 5
Exist & Prop. Width: 20 (20)
Pavement Construction Type: A- Green
Assessed Sidewalk Work: No
Section 2. Said public improvement shall include the following work to be done during the 2023
construction season:
Reconstruction: Type “A” (Asph.) or (Conc.) Completely removing existing curb and gutter and existing pavement, placing new concrete curb and gutter (excluding alleys), and asphalt or concrete pavement surface on a new base.
The above repaving type also includes placing necessary water and sewer service pipes and storm sewer and appurtenances; relaying sanitary sewer and storm sewer as required; relocating existing street lighting system where necessary; constructing new concrete driveway approaches; and replacing concrete sidewalks which are disturbed by other construction, which are defective, or which have a hazard potential.
Repaving Type “B” (Asph.) Completely removing existing curb and gutter, milling the existing asphalt pavement as required, and placing new concrete curb and gutter and asphalt pavement surface on the existing road base.
The above repaving type also includes placing necessary water and sewer service pipes and storm sewer and appurtenances; relaying sanitary sewer and storm sewer as required; relocating existing street lighting system where necessary; constructing new concrete driveway approaches; and replacing concrete sidewalks which are disturbed by other construction, which are defective, or which have a hazard potential.
Repaving: Type “C” (Asph) Milling the existing pavement as required, repairing curbs (and abutting approaches and sidewalks where necessary), and surfacing with asphalt pavement. Also included is the placing of necessary water and sewer service pipes and storm sewer and
appurtenances, and relaying sanitary sewer and storm sewer as required.
Repaving: Type “D” Replacing defective curb and gutter, removing, milling and/or pulverizing the existing pavement surface as required, and surfacing with new asphalt pavement. Also included is the placing of necessary water and sewer service pipes and storm sewer and appurtenances, and relaying sanitary sewer and storm sewer as required.
Repaving: Type “E” Replacing minimal defective curb and gutter, minor pavement milling, overlay existing pavement with asphalt pavement. Also included is the placing of necessary water and sewer service pipes and storm sewer and appurtenances, and relaying sanitary sewer and storm sewer as required.
Section 3. The total amount assessed shall be upon a reasonable basis as determined by the Common Council. The Common Council, beginning with its Financial Affairs Committee, shall readdress the applicability of the current assessment policy as applied to alleys, at a time prior to levy of said assessment amounts upon abutting properties.
Section 4. That the owners of the respective parcels of land fronting or abutting the street improvements, on which a public hearing has been held and preliminary assessments have been confirmed, shall have payment of the special assessments scheduled as follows:
(a) Each special assessment and special charge, pursuant to Section 66.0703 of the Wisconsin Statutes, levied in an amount of $200 or less against any parcel of land in the City of Wauwatosa shall be entered in the tax rolls in one installment.
(b) Each special assessment for improvements levied in an amount exceeding $200 against any parcel of land in the City of Wauwatosa shall be entered in the tax rolls in five equal annual installments of principal together with interest at the rate of twelve percent (12%) per year or the percentage rounded out to the next highest whole percentage number above the interest rate paid by the City for the sale of corporate purpose bonds, which include the project which is the subject of the special assessment, whichever figure is less, on the unpaid balance of said assessment. Individual assessments shall run concurrently except as provided under Section 3.08.040 of the City Code.
(c) Each special assessment levied against any parcel of land in the City of Wauwatosa for the installation of sanitary sewer main or water main or construction of permanent street pavement shall not be entered in the tax roll until all installments of special assessments for sanitary sewer or water main or construction of permanent street pavement levied previously against the same parcel of land have been entered into the tax rolls and have been paid. Such subsequent special assessment shall be deferred and only interest at the rate of twelve percent (12%) per year, or the percentage rounded out to the next highest whole percentage number above the interest rate paid by the City for the issuance of General Obligation Debt, which include the project which is the subject of the special assessment, whichever figure is less, on such subsequent special assessment shall be carried into the tax rolls in addition to the scheduled installments of such prior assessments. After the last installment of such prior special assessment has been entered in the tax rolls, installments of the subsequent special assessment shall, beginning with the next subsequent tax roll, be entered in the tax rolls pursuant to Section 3.08.030 of the City Code.
(d) Whenever special assessments are levied against the frontage and side of a corner parcel of land in the City of Wauwatosa for the installation of sanitary sewers or water mains or construction of permanent pavements arising out of the same public works project, such special assessments levied against a corner parcel of land shall be deemed to be two separate special assessments, and the special assessment levied against the frontage of the corner parcel of land shall first be scheduled on the tax rolls for payment as provided in Section 3.08.030 of the City Code and the special assessment levied against the side of the corner parcel of land shall be scheduled on the tax rolls pursuant to (c) above, following such scheduling of the special assessment levied against the frontage of the corner parcel of land.
(e) Notwithstanding the provisions of (c) and (d) above, any owners of parcels of land assessed may at their option elect to pay both the scheduled installments of prior assessments as well as scheduled installments of subsequent special assessments on the same tax rolls as entered on those tax rolls pursuant to Section 3.08.030 of the City Code.
(f) If, after special assessments have been placed on the tax rolls in installments or otherwise, the taxpayer fails to pay the same within the time allowed for payment of general taxes, the same shall become delinquent and shall be treated in the same manner and subject to the same laws as delinquent general property taxes.
Section 5. The properties against which the assessments are proposed are benefited. Such benefits may include, but are not necessarily limited to, enhancement of value or marketability, improved drainage, improved pedestrian safety (walks), improved vehicular access, improved skid resistance and cross sectional elements.
Section 6. The City Engineer has prepared a report consisting of:
a) Preliminary and/or final plans and specifications for said improvements
b) An estimate of the entire cost of the proposed improvements
c) A schedule of the proposed assessments in connection therewith upon a reasonable basis as determined by the Board of Public Works.
The City Engineer is directed to file a copy of these in the City Clerk’s Office for public inspection.
BE IT FURTHER RESOLVED, By the Board of Public Works of the City of Wauwatosa, Wisconsin, that the City Clerk is directed to give notice, as by law provided, of a public hearing to all owners, to be assessed for the proposed improvements herein before listed, and to publish notice of the hearing at least once in the official newspaper at least ten days and not more than 40 days before the time set for the hearing; and
BE IT FURTHER RESOLVED, that the Common Council be requested to schedule the public hearing to be held before the Common Council both in-person in the Council Chambers and virtually via use of the Zoom platform, at 7:30 P.M., on Tuesday, February 22nd, 2023 at which time all persons interested, or their agents or attorneys, concerning matters contained in the resolution and report, including the proposed assessment of benefits will be heard.
recommendation
Recommendation: Public hearing held February 22, 2023, Ready for approval