#2 Public hearing and action to assess sewer and water laterals (File Res. #2012-889)
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
17 February 2012
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: PUBLIC HEARING AND ACTION ON A PROPOSED FINAL
RESOLUTION FOR ASSESSABLE SEWER AND WATER LATERALS
ON FEBRUARY 27, 2012 (FILE RES. NO. 2012-889)
Summary:
The Resolution includes sewer and water laterals, affecting two properties on
McCormick Drive, which is required prior to the Wisconsin Department of Transportation
constructing roadway modifications in 2012. One property is in the City and the other
property is outside the City. By adopting this Final Resolution, the City is declaring its
intent to assess the abutting properties benefited by these improvements.
The City Council approved Final Assessment Resolution 2011-846 on October 24, 2011
for sewer and water lateral installations along McCormick Drive. The two properties
affected by this resolution and circled in red on the attached map were not included on
the previous resolution because it was anticipated the sewer and water mains could be
accessed following the DOT improvements without impacting the new pavement. It was
determined in the field while the contractor was working that the water and sewer mains
were closer to the existing pavement than anticipated which required laterals to be
installed. Category I includes water and sewer laterals (for assessment purposes only).
City Manager’s Recommendation:
The City Manager recommends adoption of Final Resolution No. 2012-889.
Engineering Division Recommendation:
The Engineering Division recommends adoption of Final Resolution No. 2012-889.
Suggested Motion:
I move to adopt Final Resolution No. 2012-889.
Attachments
- Resolution 2012-889
- Engineer’s Report
- Map
cc: Eric Levitt
Jacob J Winzenz
Carl Weber
CITY OF JANESVILLE 27 FEBRUARY 2012
ASSESSABLE SEWER AND WATER LATERALS PAGE (1) OF (4)
RESOLUTION NO. 2012-889
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. SEWER AND WATER SERVICE LATERALS - FOR ASSESSMENT PURPOSES ONLY
All Property Fronting
Upon Each Side Of From To
Mc Cormick Drive STH 26 (Milton Ave) CTH Y (John Paul Road)
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 benefitting 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
CITY OF JANESVILLE 27 FEBRUARY 2012
ASSESSABLE SEWER AND WATER LATERALS PAGE (2) OF (4)
FINAL RESOLUTION NO. 2012-889
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.
CITY OF JANESVILLE 27 FEBRUARY 2012
ASSESSABLE SEWER AND WATER LATERALS PAGE (3) OF (4)
FINAL RESOLUTION NO. 2012-889
6. The City Engineer is directed to prepare a report consisting of:
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 City has determined to undertake the capital improvements described in paragraph 1
above (the "Projects"). The City anticipates that moneys, 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.
CITY OF JANESVILLE 27 FEBRUARY 2012
ASSESSABLE SEWER AND WATER LATERALS PAGE (4) OF (4)
FINAL RESOLUTION NO. 2012-889
ADOPTED:
MOTION BY:
APPROVED:
SECOND BY:
COUNCILMEMBER AYE NAY PASS ABSENT
Eric Levitt, City Manager
ATTEST: DONGARRA-ADAMS
LIEBERT
Jean Ann Wulf, City Clerk-Treasurer
McDONALD
APPROVED AS TO FORM:
RASHKIN
STEEBER
City Attorney, Wald Klimczyk
VOSKUIL
Proposed by: ENGINEERING DIVISION
Prepared by: ENGINEERING DIVISION