2001-191PROGRAM #3 - 2001
RESOLUTION NO. 2001-191
24 SEPTEMBER 2001
PAGE (1) OF (5)
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 Heating in the Council
Chambers in the Municipal Building on the 24th day of September, 2001 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,
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
All Property Fronting
Upon Each Side Of
Alton Road
SANITARY SEWER, AND SEWER, WATER AND GAS SERVICE LATERALS
From To
294' S.W. ofCL Crosby/Willard 486' N.E. ofCL Crosby/Willard
Bridge Bridge
PROGRAM #3 - 2001
FINAL RESOLUTION NO. 2001-191
24 SEPTEMBER 2001
PAGE (2) OF (5)
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
W. WATER MAIN, FOR ASSESSMENT PURPOSES ONLY
All Property Fronting Upon From
NS Alton Road EL S. Crosby Avenue 336' Northeast
To
V. CURB AND GUTTER AND ASPHALT PAVING, FOR ASSESSMENT PLnRPOSES ONLY
All Property Fronting Upon From To
WS N. Wright Road 145' N. of NL U.S. Highway 14 80' N. ofNL Lueey Street
and has heard all persons desiring audience at such heating;
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.
PROGRAM #3 - 2001
FINAL RESOLUTION NO. 2001-191
24 SEPTEMBER 2001
PAGE (3) OF (5)
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. 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.
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 tree 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 accord with Section 66.0707 of the Wisconsin Statutes, and such other applicable provisions
of law and intergovemmental 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.
PROGRAM #3 - 2001
FINAL RESOLUTION NO. 2001-191
24 SEPTEMBER 2001
PAGE (4) OF (5)
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 of the work; or
(c) at the election of the property owner, spread over a period of five (5) years with interest at eight percent (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 percent (8%) 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 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 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 eight percent (8%) 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 eight percent
(8%).
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 presently served.
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.
PROGRAM #3 - 2001
FINAL RESOLUTION NO. 2001-191
24 SEPTEMBER 2001
PAGE (5) OF (5)
ADOPTED: September 24, 2001
APPROVED:
Steven E. Sheiffer, City Manager
ATTEST:
ulf, City Clerk-Treasurer~
APPROVED AS TO FORM:
City Attorney
Proposed by: Engineering Department
Prepared by: Engineering Department
MOTION BY: DeGarmo
SECOND BY: Murphy
COUNC1LMEMBER AYE NAY PASS ABSENT
DAMRON x
WILLIAMS X
O'LEARY X
DeGARMO X
BRIEN X
MURPHY X
STEEBER X
FinalResolutionPW~3