#2 Public hearing and action on East Racine watermain (File Res. #2010-759)
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
13 December 2010
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: PUBLIC HEARING AND ACTION ON A PROPOSED FINAL
RESOLUTION FOR ASSESSABLE WATERMAIN ON STH 11
(FILE RES. NO. 2010-759)
Exective Summary
u
On November 22, the Council approved Preliminary Resolution No. 2010-758
expressing their intent to assess the watermain extension on STH 11 and allow for
commencement of construction in November to serve the Home Health United project.
This Final Resolution levies special assessments related to a 12” water main extension
along the south right-of-way for STH 11 between S. Wright Road and Wuthering Hills
Drive. This water distribution system loop will connect two dead-end mains and provide
better reliability to system users in the surrounding area, including the new Dean Clinic
and St. Mary’s Hospital which is scheduled for occupancy in late 2011.
Upon adoption of Final Resolution 2010-759, the City declares its intent to assess four
(4) abutting privately owned properties benefitting from the new watermain extension. In
reviewing the water distribution system, Utility and Engineering staff have determined
there is no need for double mains on this stretch of STH 11, resulting in a 50% savings
to abutting property owners.
City Manager’s Recommendation
The City Manager recommends approval.
Engineering Division Recommendation
The Council adopted Preliminary Resolution 2010-758 at the November 22 meeting.
Following the public hearing, the Engineering Division recommends adoption of Final
Resolution No. 2010-759 to assess the watermain along STH 11 from S. Wright Road to
Wuthering Hills Drive.
Recommended Motion
I move to approve Final Resolution 2010-759 to assess the watermain along STH 11
from S. Wright Road to Wuthering Hills Drive.
Background
Two (2) parcels on the south side of STH 11owned by Sara Investments have already
signed a TIF development agreement and agreed to pay for the watermain costs
abutting their frontage. The City Council adopted Resolution 2010-753 on November 22
authorizing the City Manager to execute the TIF agreement with Sara Investments. This
watermain extension provides service to the Home Health United Project at the
southeast corner of STH 11 and S. Wright Road. In addition, TIF will be paying costs
for the undeveloped City owned parcel on the north side of STH 11.
All special assessment rates for this schedule are final rates computed using costs
obtained in watermain contract 2010-6 and the work has been added by change order
to complete the installation of the STH 11 watermain between Wright Road and
Wuthering Hills Drive. Installation of the watermain in this manner allows the City to
complete this improvement in an expeditious and cost effective manner, in time to
provide service to the Home Health United development by its projected opening in
early 2011 as well as providing improved water service reliability to the STH 11
business area prior to the opening of the Dean/St. Mary Health Care Center projected
for the fall of 2011.
Attachments:
- Report on Proposed Special Assessments for Public Improvements
- Final Resolution
- Location Map
cc: Eric Levitt
Jacob Winzenz
Carl Weber
STH 11 ASSESSABLE WATERMAIN 13 DEC 2010
RESOLUTION NO. 2010-759 PAGE (1) OF (4)
FINAL RESOLUTION
FINAL RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT
POWERS UNDER SECTION 66.0703, WISCONSIN STATUTES AND REQUIRING
INSTALLATION OF WATER, SEWER, AND GAS SERVICE PIPES AND PROVIDING
FOR ASSESSMENT OF COSTS UNDER SECTION 66.0911, WISCONSIN STATUTES;
RESOLVED, By the Common Council of the City of Janesville, Wisconsin.
1. The Common Council hereby declares its intention to exercise its power pursuant to
S.66.0703 and S.66.0911, Laws of the State of Wisconsin, to levy special assessments on a reasonable
basis upon property abutting the following described streets, pursuant to its police powers, by
improvement of the said streets to further facilitate traffic flow and safety, and to assist in providing for
the safety, health, and general welfare of the public, to-wit:
I. WATER MAIN ONLY
All Property Fronting
Upon Each Side Of From To
STH 11 S. Wright Road Wuthering Hills Drive
2. Said public improvements shall include the above listed improvements on the various listed
streets to the grades established therefore by the City Council of the City of Janesville, Wisconsin, and
recorded in the Office of the City Clerk whether previously established or established in the future.
3. The property against which the assessments are proposed shall be benefited by the
improvements and said assessments shall be made upon a reasonable basis.
4. 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), if any property abutting and/or benefiting from this project is
located 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
STH 11 ASSESSABLE WATERMAIN 13 DEC 2010
RESOLUTION NO. 2010-759 PAGE (1) OF (4)
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.
5. Excluding the assessment for the installation of sewer and water service pipes (lateral) and
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 six percent
(6%) 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 six (6%) per annum.
The assessments against any parcel for sewer and water service pipes shall constitute a lien
against such parcel and must be paid in cash or with the taxes in the year following the completion of the
work.
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 six percent (6%) 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 six percent (6%) 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 six percent (6%) per annum.
6. The City Engineer is directed to prepare a report consisting of:
STH 11 ASSESSABLE WATERMAIN 13 DEC 2010
RESOLUTION NO. 2010-759 PAGE (1) OF (4)
a. 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, and
d. A statement showing that the property against which the assessments are proposed is
benefited, the improvement constituting an exercise of police powers.
Upon completing such report, the City Engineer is directed to file a copy thereof in the City
Clerk's Office for public inspection. The City Engineer is also directed to advertise for bids to carry out
such work of such improvements in accordance with the report.
7. Upon receiving the report of the City Engineer, the Clerk is directed to give notice of a Public
hearing on such report as specified in S.66.0703(7)(a), Wisconsin Statutes. The hearing shall be held at
the Council Chambers in the Municipal Building at a time set by the Clerk, in accordance with
S.66.0703(7)(a), Wisconsin Statutes.
8. The Common Council of the City of Janesville hereby approve and authorize the City
Administration to take actions necessary to engage in the Project and to provide funding for capital
improvements described in paragraph 1 above (the “Projects”) with funding not to exceed $260,000; No
funds from sources other than the Notes or the Available Funds identified above are, or are expected to
be, reserved, allocated on a long-term basis, or otherwise set aside by the City for the project, except as
permitted by the Internal Revenue Code of 1986, as amended. This declaration of official intent is
consistent with the budgetary and financial circumstances of the City. The purpose of this Resolution is
to satisfy the “official intent requirement” of Treasury Regulation Section 1.150-2
STH 11 ASSESSABLE WATERMAIN 13 DEC 2010
RESOLUTION NO. 2010-759 PAGE (1) OF (4)
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: 11/23/10
VOSKUIL
City Attorney Wald Klimczyk
Proposed by: Engineering Division
Prepared by: Engineering Division