Madison, WI Header
File #: 74079    Version: 1 Name: Sidewalk, Curb, Gutter Special Assessment Procedures
Type: Ordinance Status: Passed
File created: 10/4/2022 In control: Attorney's Office
On agenda: 10/25/2022 Final action: 10/25/2022
Enactment date: 11/4/2022 Enactment #: ORD-22-00113
Title: Amending Sections 10.09(1) and (2) of the Madison General Ordinances to Address Changes to the Sidewalk, Curb and Gutter Special Assessment Procedures.
Sponsors: Grant Foster
Attachments: 1. Resolution74024MasterReport

Fiscal Note

No appropriation required for the proposed ordinance change. There is a companion resolution (Legistar file 74024) that provides additional details on the change in the special assessment policy.

Title

Amending Sections 10.09(1) and (2) of the Madison General Ordinances to Address Changes to the Sidewalk, Curb and Gutter Special Assessment Procedures.

Body

DRAFTER’S ANALYSIS:    This amendment is being done contemporaneously with an amendment to the City’s street improvement special assessment policy (File No. 74024). Under the updated street improvement special assessment policy, sidewalks and curbs will be assessable, but subject to a grant program that will pay for those costs. The City’s current sidewalk repair program will be altered as well as part of these changes. To accommodate these changes in the City’s assessment policy, it is necessary to remove this express assessment language in Sec. 10.09(1) and (2) since the formulas included in the ordinance would limit the City’s options moving forward.

 

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The Common Council of the City of Madison do hereby ordain as follows:

 

                     1.                     Subsection (1) entitled “Construction, Reconstruction, and Repair of Sidewalk” of Section 10.09 entitled “Construction, Reconstruction and Repair of Sidewalks, Terraces, Curbs and Gutters” of the Madison General Ordinances is amended as follows:

 

(1)                     Construction, Reconstruction, and Repair of Sidewalks . The provisions of Wis. Stat. § 66.0907 relating to the construction and repair of sidewalks are hereby adopted by reference thereto, except that in every case of sidewalk repair or reconstruction the proportion of such cost shall be paid fifty percent (50%) by the City and fifty percent (50%) by the abutting property owners.

 

 

                     2.                     Subsection (2) entitled “Reconstruction, and Repair of Curbs and Gutters” of Section 10.09 entitled “Construction, Reconstruction and Repair of Sidewalks, Terraces, Curbs and Gutters” of the Madison General Ordinances is amended as follows:

 

(2)                     Reconstruction, and Repair of Curbs and Gutters . The provisions of Wis. Stat. § 66.0703(1) or Wis. Stat. § 66.0701 and these ordinances shall be followed as a police power action in the case of reconstruction and repair of concrete curb and gutter except that property deemed benefited by said reconstruction and repair shall be paid for fifty percent (50%) by the City and fifty percent (50%) by the benefited properties.