2006-311
RESOLUTION NO. 2006-311
PUBLIC WORKS BID SCHEDULE "D" - 2006
26 JUNE 2006
PAGE (1) OF (5)
FINAL RESOLUTION
FINAL RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT
POWER UNDER SECTION 66.0703 FOR MUNICIPAL PUBLIC WORKS AND
IMPROVEMENTS, 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 12th day of June, 2006 and 26th of June, 2006 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. HIGHWAY OR STREET IMPROVEMENTS ON PART OF: 1-39/90 EXIT RAMPS AT STH 26
(MILTON AVENUE), NORTHBOUND STH 26 (MILTON AVENUE) FROM WESTBOUND
1-39/90 EXIT RAMP TO KETTERING STREET. SOUTHBOUND STH 26 (MILTON AVENUE)
FROM KETTERING STREET TO 500' NORTH, STH 26 (MILTON AVENUE) AND
KETTERING STREET INTERSECTION. STH 26 (MILTON AVENUE) FRONTAGE ROAD
FROM KETTERING STREET TO DEERFIELD DRIVE, KETTERING STREET FROM 100
FEET WEST OF STH 26 (MILTON AVENUE) TO E. ROTAMER ROAD, E. ROTAMER
ROAD FROM KETTERING STREET TO TANGLEWOOD DRIVE. DEERFIELD DRIVE
FROM KETTERING STREET TO 100 FEET SOUTH OF WELLINGTON PLACE, (FUTURE)
LUCEY STREET AND DEERFIELD DRIVE INTERSECTION, USH 14 (HUMES ROAD) AND
DEERFIELD DRIVE INTERSECTION. USH 14 (HUMES ROAD) FROM DEERFIELD DRIVE
TO 800 FEET WEST; INCLUDING: ROAD CONSTRUCTION, STREET LIGHTS,
SIDEWALK. TRAFFIC SIGNALS, ACQUISITION OF RIGHT-OF-WAY, AND DESIGN,
ADMINISTRATION, AND CONSTRUCTION SUPERVISION, AND ANY OTHER ITEM OF
DIRECT OR INDIRECT COST THAT MAY REASONABLY BE ATTRIBUTED TO THE
PROPOSED WORK OR IMPROVEMENT. THE IMPROVEMENTS SERVE AND BENEFIT
BOTH ABUTTING PROPERTIES AND NON-ABUTTING PROPERTIES.
Abuttinq Property Improvements:
Properties to be assessed include Mercy property and Wal-Mart property (see attached descriptions of
property to be assessed) based on their pro-rata share of the respective frontage to Deerfield Drive.
Based on this calculation the amount assessed to each property is as follows:
Mercy
Wal-Mart
$ 806,642
$ 1,460,358
FINAL RESOLUTION NO. 2006-311
PUBLIC WORKS BID SCHEDULE "D" - 2006
26 JUNE 2006
PAGE (2) OF (5)
Non-Abuttinq Property Improvements
Properties to be assessed include both developed and undeveloped properties in the boundary of the
assessment district and include Wal-Mart Property, Ryan Property, Mercy Property, Campbell Property
(N), Campbell Property (S), Janesville Travel Center, Fuddruckers, Best Buy/Pier 1, Tires Plus, Movies
10, Home Depot, Blackhawk Community CU, Parking Lot, Parking Lot & Part of Pine Tree, Pine Tree
Plaza, Texas Roadhouse, Best Western, and Foxy's (see attached legal descriptions). Sixty-Seven
Percent (67%) of the cost of these municipal works and improvements are assessed to and are being
paid by Wal-Mart by agreement. Only the remaining Thirty-Three Percent (33%) of the total costs of the
off-site municipal works and improvements are assessed to the Ryan Property, Mercy Property,
Campbell Properties (N), Campbell Properties (S), Janesville Travel Center Property, Fuddruckers
Property, Best Buy/Pier 1 Property, Tires Plus Property, Movies 10 Property, Home Depot Property,
Blackhawk Community CU Property Parking Lot Property, Parking Lot & Part of Pine Tree Property, Pine
Tree Plaza Property, Texas Roadhouse Property, Best Western Property, and Foxy's Property based on
the pro-rata share of area of commercial property. Based on this calculation the amount assessed to
each property is as follows:
10
12
9
8
4
1
2
3
5
6A
6B
6C
6D
6E
6F
7
11
13
Wal-MartlSam's Club
Ryan Property
Mercy Health System
Campbell Property (N)
Campbell Property (S)
Janesville Travel Center
Fuddruckers
Best Buy/Pier 1
Tires Plus
Movies 1 0
Home Depot
Blackhawk Community CU
Parking Lot
Parking Lot & Part of Pine Tree
Pine Tree Plaza
Texas Roadhouse
Best Western
Foxy's
$1,583,210
$109,918
$171,424
$16,492
$23,356
$62,980
$9,154
$38,432
$6,224
$52,620
$80,600
$8,020
$8,638
$62,641
$68,597
$13,466
$37,414
$9,814
WHEREAS, The complete assessment district is described by the attached legal descriptions and
illustrated on the attached Exhibit 1.
WHEREAS, A Preliminary Resolution was introduced and previously adopted by the Janesville Common
Council. Publication and notice as required by law was provided. The City Engineer has prepared and
FINAL RESOLUTION NO. 2006-311
PUBLIC WORKS BID SCHEDULE "D" - 2006
26 JUNE 2006
PAGE (3) OF (5)
provided the Report as required by Law. A public hearing as required by law was noticed where the
Common Council 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 and specifications therefore, and the above assessments, as
modified by the Common Council, is/are hereby adopted and approved, the City shall proceed with the
work/improvements, and the grades of streets and alleys listed in said report are hereby adopted and
established; that the Report and each of the above recitals are incorporated herein as if fully set forth
verbatim and are adopted and approved.
2. That the above-described public improvements and works be carried out and paid for in
accordance with the Report of the City Engineer as finally approved. This Final Resolution provides that
Final approval. The City Engineer shall advertise for bids and supervise the construction of the
improvements/works as set forth in this Resolution and the Report as hereby amended, if any.
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, contractual funding from Wal-
Mart and these special assessments. The maximum principal amount of debt expected to be issued for
the reimbursement of such expenditures is $4,630,000. No funds from sources other than the debt
referred to above, the contract with Wal-Mart and these special assessments 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/Work. 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 in part by assessing the cost to the
properties benefited as indicated in said Report. All of the properties set forth in this Resolution and the
Report benefit from the described municipal works and improvements, which shall be paid for in part out
of the proceeds of the special assessments hereby levied. The assessments for abutting properties
reflect benefits to such properties for the improvements/municipal works, and the assessments to non-
abutting properties also represent an exercise of the police power. Both the benefits and both sets of
assessments are calculated and distributed upon a reasonable basis as determined by this governing
body, which assessments this Council find fair and equitable, and are hereby confirmed.
5. That the properties against which the assessments are proposed are benefited and the
assessments shown on the Report, as modified, are true and current and are hereby confirmed, all ofthe
improvements/municipal works constituting an exercise of police powers.
FINAL RESOLUTION NO. 2006-311
PUBLIC WORKS BID SCHEDULE "D" - 2006
26 JUNE 2006
PAGE (4) OF (5)
6. Assessments for all projects included in the Report and this Resolution are fair and
reasonable.
7. 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.
8. That the actual levy of the special assessment shall take place at the time of the adoption of
this final public works resolution by the Common Council of the City of Janesville concerning these
improvements
9. 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 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, that accrued 30 days after billing, at seven and one
quarter percent (7-1/4%) through the end of December in the year so entered.
10. 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, they
are 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 the premises.
Such charge shall constitute a lien upon the premises until paid, and must be paid in cash upon
completion of the work or with the taxes in the year following the completion of the construction with
interest. 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.
11. The City Clerk is directed to publish this Resolution in The Janesville Gazette, the official
newspaper of the City.
12. 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.
FINAL RESOLUTION NO. 2006-311
PUBLIC WORKS BID SCHEDULE "D" - 2006
ADOPTED:
June 26, 2006
APPR~
Steven E. Sheiffer, City Manage
APPROVED AS TO FORM: "
f/Y#.:{ ~
City Attorney I
Proposed by: Engineering Department
Prepared by: Engineering Department
Resolutions/DeerfieldJinal Resolution Bid Schedule D-311 (5) (2) .doc
26 JUNE 2006
PAGE (5) OF (5)
MOTION BY: Addie
SECOND BY: DeGarmo
COUNCILMEMBER AYE NAY PASS ABSENT
BRIEN X
WELLNITZ, TOM X
WILLIAMS X
BRUNNER X
WELLNITZ, TIM X
DeGARMO X
ADDIE X
FinalResolutionBidScheduleD