#3 Sewer and water assessments for County of Rock (File Res. #2009-628)
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
30 July 2009
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: PUBLIC HEARING AND ACTION ON A PROPOSED RESOLUTION FOR
SEWER AND WATER ASSESSMENTS (FILE RES. NO. 2009-628)
Summary
An annexation of property owned by Rock County near the airport results in the need for
Council action related to sewer and water assessments for improvements previously
installed to serve the Rock County Airport. Payment of sewer and water assessments
for most of the property owned by Rock County was addressed in the airport annexation
agreement. However, the two affected County parcels were not included in that
agreement and were also located outside the City of Janesville when the improvements
were constructed. Therefore, the City of Janesville was not able to assess these
properties at the time the improvements were installed. The affected parcels have now
been annexed to the City of Janesville and this resolution levies special assessments
related to sewer and water that was previously installed. The total amount for all
assessments at the two parcels is $14,124.27. Rock County has requested a
permanent non-use deferment and the Engineering Division recommends a 10-year
deferment; or until the County requests connection to the public utilities. The Council
approved Preliminary Resolution 2009-627 at the July 27 Council meeting.
Discussion
The resolution includes sanitary sewer and water main abutting undeveloped County
owned property. The water main adjacent to the parcel at USH 51 and Knilans Road
was installed in 1996. The water main and sanitary sewer adjacent to the parcel at
USH 51 approximately 1 mile south of Knilans Road was installed in 2004. Both parcels
are undeveloped at this time and are not connected to the public utilities. Attached is a
letter from the County requesting a non-use deferment. Council Policy No. 63, IV
permits a non-use deferment for a special assessment levied against a property while
no use of the improvement is made or the property is undeveloped. Interest does not
accrue on these parcels while the assessment is deferred. The granting of a non-use
deferment is at the discretion of the Council and in this case the request is consistent
with past practice.
Recommendation
The Engineering Division recommends a 10-year non-use deferment, which is
consistent with the Council Policy and that following the public hearing, Council adopt
Final Resolution 2009-628.
\\petey\cojhome\agenda review\approved agenda items\2009\8-10-2009\rock county sewer & water - cover memo.doc
City Manager Recommendation
I concur with the Engineering Division’s recommendation.
Suggested Motion
I move to adopt Final Resolution No. 2009-628 and grant a 10 year non-use deferment
for the property owner.
Attachments:
- Location Map
- Council Policy No. 63, Parts IV
- June 17, 2009 County Request Letter
cc: Eric Levitt
Jacob J. Winzenz
\\petey\cojhome\agenda review\approved agenda items\2009\8-10-2009\rock county sewer & water - cover memo.doc
ROCK COUNTY SEWER & WATER ASSESSMENT – 2009 10 AUGUST 2009
RESOLUTION NO. 2009-628 PAGE (1) OF (4)
FINAL RESOLUTION
FINAL RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT
POWER UNDER SECTION 66.0703, WISCONSIN STATUTES AND REQUIRING
INSTALLATION OF WATER, SEWER, AND GAS SERVICE LATERALS AND PROVIDING
FOR ASSESSMENT OF COSTS UNDER SECTION 66.0911, WISCONSIN STATUTES.
WHEREAS, the Common Council of the City of Janesville Wisconsin, held a Public Hearing in the
Council Chambers in the Municipal Building on the 10th day of August, 2009 for the purpose of hearing
all interested persons concerning the Preliminary Resolution and Report of the City Engineer on the
proposed improvements of the following streets,
I. SANITARY SEWER, WATER MAIN, AND SEWER AND WATER LATERALS (FOR
ASSESSMENT PURPOSES ONLY)
All Property Fronting
Upon Each Side Of From To
USH 51(West Side) 50’ South of Knilans Road 250’ North of Knilans Road
USH 51 (East Side) 5,500’ South of Knilans Road 5,900’ South of Knilans Road
and has heard all persons desiring audience at such hearing;
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville as
follows:
1. That the Report of the City Engineer pertaining to the construction of the above described
public improvements, including plans therefore, as modified, is hereby adopted and approved and the
grades of streets and alleys listed in said report are hereby adopted and established.
2. That the above-described public improvements be carried out in accordance with the Report
of the City Engineer as finally approved.
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\8-10-2009\Rock County Sewer & Water - Res 2009-628.doc
ROCK COUNTY SEWER & WATER ASSESSMENT – 2009 10 AUGUST 2009
FINAL RESOLUTION NO. 2009-628 PAGE (2) OF (4)
3. That the City anticipates that monies, other than the proceeds of any outstanding debt of the
City, will be expended by the City with respect to such capital improvements. The City reasonably
expects to be reimbursed for such expenditures with proceeds of its debt. The maximum principal
amount of debt expected to be issued for the reimbursement of such expenditures is $5,000,000. No
funds from sources other than the debt referred to above are, or are expected to be, reserved, allocated
on a long-term basis, or otherwise set aside by the City or any entity controlled by the City pursuant to its
budget or financial policies with respect to the Projects. This is consistent with the budgetary and
financial circumstances of the City. Copies of this Resolution shall be made available for public
inspection in the manner required by law. This Resolution is a declaration of official intent under
Treasury Regulation Section 1.150-2.
4. That the payment for said improvements be made by assessing the cost to the property
benefited as indicated in said Report.
5. That the property against which the assessments are proposed is benefited and the
assessments shown on the Report, as modified, are true and current and are hereby confirmed, the
improvement constituting an exercise of police powers.
6. That the assessments for all projects except laterals are included in said report and any
interested property owner shall be entitled to object to each assessment except laterals for any purpose
or purposes.
7. That the actual levy of the special assessment shall take place at the time of the adoption of
the final public works resolution by the Common Council of the City of Janesville concerning these
improvements. The property owner(s) in Rock Township against whose property such special
assessment shall be levied under and by this Resolution shall have their payment obligation deferred,
without interest accruing thereon, until such time as their specific property is annexed or connects to
such improvement(s), in which event the special assessment shall be due and payable either in full or in
five (5) annual installment payments, the latter with interest accruing thereon from the date of annexation
or connection. This method of payment shall be approved and ratified by the Board of the Town of Rock
in accord with Section 66.0707 of the Wisconsin Statutes, and such other applicable provisions of law
and intergovernmental agreement(s), and shall act, once so ratified by the Rock Town Board, as a levied
special assessment against such abutting and/or benefiting properties in the Town of Rock. This levy
and special assessment payment provisions are in accord with the City of Janesville/Town of Rock
Cooperative Boundary Plan, City of Janesville Common Council Special Assessment Policy No. 63,
related pertinent provisions, and the Town of Rock/Janesville Highway 11 Bypass Agreement. The
special assessment levy and payments shall be made by the abutting, benefiting and affected property
owners in accord with the LaPrairie and Rock Township City of Janesville Highway 11 Bypass
Agreement, as well as the Rock/Janesville Cooperative Boundary Plan. This provision applies only to
the properties located in the Town of Rock.
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\8-10-2009\Rock County Sewer & Water - Res 2009-628.doc
ROCK COUNTY SEWER & WATER ASSESSMENT – 2009 10 AUGUST 2009
FINAL RESOLUTION NO. 2009-628 PAGE (3) OF (4)
8. Excluding any assessment for the installation of sewer and water service pipes (lateral) and
preliminary grading and graveling, the assessment against any parcel owned by an individual property
owner may be (a) paid in cash upon completion of the work; or (b) paid with the taxes the first year
following completion of the work; or (c) at the election of the property owner, spread over a period of five
(5) years with interest at seven percent (7%) per annum on the unpaid balance. The first installment on
the five-year plan shall include one-fifth of the principal with the interest for November and December, on
the unpaid portion, and shall be so entered in the Tax Roll. Each of the subsequent installments shall be
entered in each of the annual tax rolls thereafter until all are collected. Deferred payment on the
aforementioned installments shall bear interest at seven percent (7%) per annum.
The assessments, as outlined above, pertain only to said individual property owners. The
assessments against all parcels of land owned by others, which include subdividers, land developers,
speculative builders, or owners of several or more lots on the same street or in the same area will be
billed upon completion of the work after which interest at seven percent (7%) per annum will be charged
from the last day of the month of the billing. The assessments for said other owners may be: (a) paid in
cash upon completion of the work in the month of billing without interest; or (b) paid with the taxes the
first year following the completion of the work, the amount to be entered in the tax roll shall include the
unpaid principal with interest through the end of December in the year so entered; or, (c) at the election
of the property owner and with the approval of the Committee of Public Works, spread over a period of
five (5) years with interest at seven percent (7%) per annum on the unpaid balance. The first installment
on the five-year plan shall include one-fifth of the principal with interest through the end of December in
the year so entered. Each of the subsequent installments shall be entered on each of the annual tax
rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear
interest at seven percent (7%).
9. That the sewer and water service pipes (laterals) be constructed and installed from the mains
to a water shut-off box between the curb line and property line of each lot fronting thereon that is not
presently served.
When the record of the cost of such construction has been filed in the City Clerk's Office, he is
directed to enter such cost of sewer and water service pipes on the Tax Roll as charge against the lot or
parcel served, and to notify the owner of each lot of the amount of such charge against his premises.
Such charge shall constitute a lien upon the premises until paid, and must be paid in cash or with the
taxes in the year following the completion of the construction. The charges for grading and graveling of
listed streets shall constitute a lien upon said premises until paid and must be paid in cash or with the
taxes in the year following the completion of the construction.
10. The City Clerk is directed to publish this Resolution in The Janesville Gazette, the official
newspaper of the City.
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\8-10-2009\Rock County Sewer & Water - Res 2009-628.doc
ROCK COUNTY SEWER & WATER ASSESSMENT – 2009 10 AUGUST 2009
FINAL RESOLUTION NO. 2009-628 PAGE (4) OF (4)
11. The Clerk is further directed to mail a copy of this Resolution together with an Election to Pay
Notice to every property owner whose name appears on the assessment roll whose post office address
is known or can with reasonable diligence be ascertained.
ADOPTED:
MOTION BY:
SECOND BY:
APPROVED:
COUNCILMEMBER AYE NAY PASS ABSENT
BRUNNER
Eric J. Levitt, City Manager
McDONALD
ATTEST:
PERROTTO
RASHKIN
Jean Ann Wulf, City Clerk-Treasurer
STEEBER
TRUMAN
APPROVED AS TO FORM:
VOSKUIL
City Attorney
Proposed by: Engineering Division
Prepared by: Engineering Division
\\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\8-10-2009\Rock County Sewer & Water - Res 2009-628.doc