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2001-182PROGRAM #3 - 2001 RESOLUTION NO. 2001-182 10 SEPTEMBER 2001 PAGE (1) OF (4) PRELIMINARY RESOLUTION PRELIMINARY 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 UN-DER 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 facihtate traffic flow and safety, and to assist in providing for the safety, health, and general welfare of the public, to-wit: STREET CONSTRUCTION IN NEW DEVELOPMENTS (PHASE I) INCLUDING: SANITARY SEWER, WATER MAIN, PRELIMINARY GRADING AND GRAVELING, AND SEWER, WATER AND GAS SERVICE LATERALS All Property Fronting Upon Each Side Of From To Chesapeake Avenue Labrador Drive Spaulding Avenue Waveland Road Claire Court Cambridge Drive Dartmouth Drive Spaulding Avenue Spaulding Avenue 109' N. of Sandhill Drive 128' S. of Dartmouth Drive Waveland Road Waveland Road 152' W. of Waveland Road 490' East 334' East 118' N. of Chesapeake Avenue 190' N. of Claire Court Cul-De-Sac 323' E. of Waveland Road 189' E. of Dartmouth Drive IL SANITARY SEWER, AND SEWER, WATER AND GAS SERVICE LATERALS All Property Fronting Upon Each Side Of From To Aflon Road 294' S.W. ofCL Crosby/Willard Bridge 486' N.E. of CL Crosby/Willard Bridge PROGRAM #3 - 2001 10 SEPTEMBER 2001 PRELIMINARY RESOLUTION NO. 2001-182 PAGE (2) OF (4) III. SANITARY SEWER, WATER MAIN, AND SEWER, WATER, AND GAS SERVICE LATERALS, FOR ASSESSMENT PURPOSES ONLY From To 410' E. of EL N. Wright Road 365' S. of SL Burbank Avenue All Property Fronting Upon SS E. Rotamer Road WS S. Oakhill Avenue 711' E. of EL N. Wright Road 465' S. of SL Burbank Avenue iV. WATER MAIN, FOR ASSESSMENT PURPOSES ONLY All Property Fronting Upon From NS Affon Road EL S. Crosby Avenue 336' Northeast To V. CURB AND GUTTER AND ASPHALT PAVING, FOR ASSESSMENT PLrRPOSES ONLY All Property Fronting Upon From WS N. Wright Road 145' N. of NL U.S. Highway 14 To 80' N. ofNL Lucey Street 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 adoptio~ q~ the final public works resolution by the Common Council of the City of Janesville concerning these improw-- hts. The property owner(s) in Rock Township against whose property such special assessment shall be levied' :r and by this Resolution shall have their payment obligation deferred, without interest accruing thereon, until a time as their specific property is annexed or connects to such improvement(s), in which event the special ass, tent shall be due and payable either in full or in five (5) annual installment payments, the latter with interest accg thereon from the date of annexation or connection. This method of payment shall be approved and ratified bythe 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 PROGRAM #3 - 2001 PRELIMINARY RESOLUTION NO. 2001-182 10 SEPTEMBER 2001 PAGE O) OF (4) 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 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 eight pement (8%) 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 eight pement (8%) per annum. The assessments against any parcel for sewer and water service pipes and preliminary grading and graveling 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 eight percent (8%) per annum will be charged fi.om the last day of the month of the billing. The assessments for said other owners maybe: (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 eight (8%) per annum on the tmpaid 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 eight pement (8%) per a nllnm. 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. PROGRAM #3 - 2001 PRELIMINARY RESOLUTION NO. 2001-182 10 SEPTEMBER 2001 PAGE (4) OF (4) 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 1.103.18. ADOPTED: SEPTEMBER 10, 2001 Steven E. Sheiffer, City Manager ATTEST: Jean/Ann Wuli', City Clerk-Treasurer~ APPROVED AS TO F~M: /~oe/.~ua.¢~{7 ~ j'' ~ ] City Attorney ~" ! Proposed by: ENGINEERING DEPARTMENT Prepared by: ENGINEERING DEPARTMENT MOTION BY: 0 ' LEARY SECOND BY: DeGARMO COUNCILMEMBER AYE NAY PASS ABSENT DAMRON X WILLIAMS x O'LEARY X X DeGARMO BRIEN X MURPHY X STEEBER X