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2007-386 BID SCHEDULE "B" - 2007 RESOLUTION NO. 2007-386 26 MARCH 2007 PAGE (1) OF (6) 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 26th day of March, 2007 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. STREET REHABILITATION INCLUDING: INTERMITTENT CURB AND GUTTER RAISING OR REPLACEMENT, AND SANITARY, STORM. WATER. AND GAS SERVICE LATERALS IN CONNECTION WITH ASPHALT PAVEMENT RESURFACING All Property Fronting Upon Each Side Of Academy Street Access Road (Milton Ave., West Side) Access Road (USH 14, South Side) Adel Street Amhurst Road Beacon Court Browning Drive Camelot Drive Cornelia Street Crown Court Danbury Drive Delavan Drive Devon Drive Eastwood Avenue Greenwood Drive Holiday Drive From To Delavan Drive 800' N. of Randolph Road Cedar Street lodge Drive 300' E. of Bell Street 520' W. of Bell Street 365' N. of Conde Street Briar Crest Drive Danbury Drive Spruce Street Royal Oaks Drive Centerway Amhurst Road (North) Amhurst Road (North) Cherry Street Danbury Drive Fremont Street 400' W. of Morningside Drive Milton Avenue Kellogg Avenue Rotamer Road Cul-De-Sac Excalibur Drive Mole Avenue 150' N. of Hyatt Street Cul-De-Sac Amhurst Road (South) Center Avenue Dead-End Campus lane Morningside Drive Kennedy Road BID SCHEDULE "B" - 2007 FINAL RESOLUTION NO. 2007-386 26 MARCH 2007 PAGE (2) OF (6) I. STREET REHABILITATION INCLUDING: INTERMITTENT CURB AND GUTTER RAISING OR REPLACEMENT, AND SANITARY. STORM, WATER. AND GAS SERVICE LATERALS IN CONNECTION WITH ASPHALT PAVEMENT RESURFACING (CONTINUED) All Property Fronting Upon Each Side Of Hyatt Street Lapham Street Manchester Place Manor Drive Martin Road (S) Milwaukee Street (E) Mitchell Street Mole Avenue Myra Avenue Ontario Drive Park View Drive Parker Drive (N) Purvis Avenue Racine Street (W) Refset Drive Richardson Street Riverside Street Riverside Street South ridge Drive Spruce Street Stratford Court Van Buren Street Washington Street (S) Washington Street (S) Willard Drive Winchester Place Wolcott Street Wolcott Street Wolcott Street From To Cornelia Street Washington Street Lucerne Drive Peterson Avenue Milwaukee Street Atwood Avenue Center Avenue Royal Oaks Drive Washington Street (N) 150' N. of Randolph Road Columbia Drive 130' N. of Hyatt Street Washington Street (N) Franklin Street Kennedy Road Benton Avenue Stone Street Jackson Street Chatham Street (S) Morningside Drive Danbury Drive Franklin Street State Street Mitchell Street Willard Avenue Mole Avenue Arch Street Chatham Street (S) Center Avenue Caroline Street Pearl Street Cottonwood Drive Moreland Avenue Ruger Avenue Ringold Street Terrace Street Winchester Place Oakhill Avenue Clover Lane Wuthering Hills Drive 600' N. of Sherman Avenue Oakhill Avenue Center Avenue Milton Avenue Matheson Street Lincoln Street Stone Street Walnut Street (S) Excalibur Drive Cul-De-Sac High Street Mitchell Street Nicolet Street State Street Royal Oaks Drive Willard Avenue Oakhill Avenue (S) Washington Street (S) BID SCHEDULE "B" - 2007 FINAL RESOLUTION NO. 2007-386 26 MARCH 2007 PAGE (3) OF (6) II. STREET REHABILITATION INCLUDING: FULL CURB AND GUTTER REPLACEMENT, AND SANITARY, STORM. WATER. AND GAS SERVICE LATERALS IN CONNECTION WITH ASPHALT STREET RECONSTRUCTION All Property Fronting Upon Each Side Of From To Atwood Avenue (S) Racine Street (W) Washington Street (S) Holmes Street (E) 150' E. of River Street Racine Street Oakland Avenue Franklin Street Holmes Street III. STREET REHABILITATION INCLUDING: INTERMITTENT CURB AND GUTTER REPLACEMENT, AND SANITARY, STORM, WATER. AND GAS SERVICE LATERALS IN CONNECTION WITH CONCRETE PAVEMENT BREAKING AND ASPHALT PAVEMENT OVERLAY OF CONCRETE PAVEMENT All Property Fronting Upon Each Side Of From To Center Avenue Eastwood Avenue Hyatt Street McKinley Street Van Buren Street Delavan Drive Blackhawk Street Caroline Street River Street River Street 500' N. of State Street Fremont Street Prairie Avenue Franklin Street Franklin Street IV. STREET REHABILITATION INCLUDING: INTERMITTENT CURB AND GUTTER REPLACEMENT. AND SANITARY, STORM, WATER. AND GAS SERVICE LATERALS IN CONNECTION WITH STREET RECONSTRUCTION All Property Fronting Upon Each Side Of From To Pine Street (N) Highland Avenue Peterson Avenue BID SCHEDULE "B" - 2007 FINAL RESOLUTION NO. 2007-386 26 MARCH 2007 PAGE (4) OF (6) 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. 3. That the City anticipates that monies, other than the proceeds of any outstanding debt ofthe 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 BID SCHEDULE "B" - 2007 FINAL RESOLUTION NO. 2007-386 26 MARCH 2007 PAGE (5) OF (6) accord with Section 66.0707 ofthe 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 JanesvillelTown 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. 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 ofthe work; or (c) at the election of the property owner, spread over a period offive (5) years with interest at seven-and-one-quarter percent (7-1/4%) 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-and-one-quarter percent (7-1/4%) 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-and-one-quarter percent (7-1/4%) 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 offive (5) years with interest at seven-and-one-quarter percent (7-1/4%) 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-and-one-quarter percent (7-1/4%). 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 BID SCHEDULE "B" - 2007 FINAL RESOLUTION NO. 2007-386 26 MARCH 2007 PAGE (6) OF (6) 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. 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. APPROf!~ Assistant City Attorney ?- ;),o-{J7- MOTION BY: Addie SECOND BY: Brunner COUNCILMEMBER AYE NAY PASS ABSENT BRIEN X WELLNITZ, TOM X WILLIAMS X BRUNNER X WELLNITZ, TIM X DeGARMO X ADDIE X ADOPTED: March 26, 2007 APPROVED: fl..- f:7 ~--IZJ~ Steven E. Sheiffer, City Manager ATTEST: Proposed by: ENGINEERING DEPARTMENT Prepared by: ENGINEERING DEPARTMENT FinalResolutionBidScheduleB