2010-747 RESOLUTION NO. 2010 -747
A resolution authorizing the City Manager to enter into a Memorandum of Understanding with the
Town of Rock concerning eligibility of lands for the Rock County Purchase of Agricultural
Conservation Easements (PACE) Program in areas located west of the State Highway 11 Bypass.
WHEREAS, The City of Janesville (CITY) and the Town of Rock (TOWN) entered into a certain Town
of La Prairie, Town of Rock, City of Janesville Agreement On The Proposed Janesville STH 11
Bypass and Related Matters of Roads, Land Use, Municipal Boundaries, Public Services, Costs and
Revenues (BYPASS AGREEMENT), as executed in 1992; and
WHEREAS, the BYPASS AGREEMENT references certain real property in the TOWN located west
of the State Highway 11 Bypass; and
WHEREAS, the TOWN and CITY, in order to further the spirit of cooperation and good relations that
exists between the municipalities, desire to reaffirm their understanding set forth in the BYPASS
AGREEMENT that all farm lands located in the TOWN west of the State Highway 11 Bypass currently
zoned and used for agricultural purposes should be preserved from premature urban development so
as to maintain farming as a viable occupation; and
WHEREAS, some of the farm lands located in the TOWN west of the State Highway 11 Bypass have
been classified as "Ineligible Parcels" for participation in the Rock County Purchase of Agricultural
Conservation Easements (PACE) Program presently under consideration for adoption by the Rock
County Board of Supervisors; and
WHEREAS, the Rock County PACE Program specifies that Ineligible Parcels may apply for inclusion
in the PACE PROGRAM upon receipt of a letter of support from any City located within 3 miles of the
subject parcel; and
WHEREAS, the TOWN has requested that the CITY support future applications for inclusion in the
PACE PROGRAM of any of the Ineligible Parcels located in the TOWN west of the State Highway 11
Bypass; and
WHEREAS, the CITY is willing to support such future applications in the TOWN by providing the
applicant and the Rock County Land Conservation Committee with a letter of support indicating that
the CITY has no objections to the Ineligible Parcel being included in the PACE PROGRAM; and
WHEREAS, it is in the mutual best interests of the TOWN and the CITY to enter into this MOU.
NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE
that the City Manager, City Clerk, and his /her designee(s) are hereby authorized to negotiate, enter into,
and execute, on behalf of the City of Janesville, the attached MOU; and to negotiate, draft, execute,
record, and file such documents, papers,
RESOLUTION 2010 -747
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agreements, and forms, to take such other actions, and to make such minor amendments and changes
to the MOU as the City Manager, from time to time and at any time, may decide to be necessary and /or
desirable to effectuate the MOU and /or the intent of this resolution.
ADOPTED: November 22, 2010 Motion by: McDonald
Second by: Brunner
APPROVED: Councilmember Aye Nay Pass Absent
1 / Brunner X
-./ McDonald X
E c J. , City Manager Perrotto X
Rashkin X
ATTE " : Steeber X
7 Truman X
.. -a i /aims (i ce `
.& , Voskuil X
J- :n Ann W ulf, City Clerk- Treasur=
APPROVED AS TO FORM:
&la/0(W _
City Attorney, Wald Klimczyk-
Proposed by Community Development Department
Prepared by: Community Development Department - .
Memorandum of Understanding
By and Between
The City of lanestille
and
The Town of Rock
Memorandum of Understanding (MOU" entered into by and between the City of Janesville, a Wisconsin
Municipal corporation conducting its principal business at 18 north Jackson Street, City ofianesville, County of
Rock, State of Wisconsin 53545 (Tiff" and the Town of Rock, a Wisconsin Town Municipality conducting its
principal business at 5102 South County Road D, Village of Afton, County of Rock, State of Wisconsin 53501
(NTOWN".
RECITALS:
Whereas, on the 6 day of Jubt, 1992, the TOWN and the CITY entered into a certain Town of La Prairie, Town
of Ho* City of Janesville Agreement On The Proposed ionesvRk STH 11 Bypass and Related Matters 0 Roads,
Land Use, Municipal Boundaries, Public Services, Costs and Reveries rBYPASS AGR", that relates, in part, to
certain real property located west of the Highway 11 Bypass, as described and depicted in Exhibit A thereto;
and
Whereas, the TOWN and art', in furtherance of the positive spirit of cooperation and good relations that
exists between the munkipalities„ wish to and do reaffirm their mutual intent and understanding set forth in
the BYPASS AGR that all of the farm lands located in the TOWN west at the new Highway 11 Bypass and
currently zoned and used for agricultural purposes should be preserved from premature urban development
so as to maintain farming as a viable occupation; and
Mihereas, same of the farm lands located in the TOWN west of the new Highway 11 Bypass and currently
zoned and used for agricultural pirposes have been classified as ineligible Parcelsw for participation in the
Rock Comity Purchase of Agricultural Conservation Easements (PACE) Program presently under consideration
for adoption by the Rock County Board of Supervisors rROOC COUNTY PACE PROGRAM"; and
Whereas, the ROCK COUNTY PACE PROGRAM provides, in part, that Ineligible Parcels may apply for inclusion
in the PACE PROGRAM upon receipt of a letter of support from any City located within 3 miles of the subject
parcel (the proposed agricultural 017415ePorati011 easement area}; and
Whereas, the TOWN has requested that the CITY support future applications for inclusion in the PACE
PROGRAM of any of the heligibie Parcels located in the TOWN west of the new Highway 11 Bypass and the
CITY is willing to support such future applications; and
Whereas, it is in the mutual best interests of the TOWN and the CITY to enter into this MOU.
NOW, therefore, having been duty authorized by their respective governing bod the TOWN and the CITY
hereby agree as follows:
1. The above recitals are true and correct.
1 Upon the application for inclusion in the PACE PROGRAM of any Ineligible Parcel located in the
TOWN west of the new Highway 11 Bypass„ the CITY Will provide the applicant and the Rock County
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Land Conservation Committee with a letter of support indicating that the ari has no objections to
the ineligible Parcel being included in the PACE PROGRAM.
3_ This MU shall take effect immediately upon adoption by both of the respective governing bodies
of the TOWN and the CITY and the adoption of the PACE PROGRAM by the Rock. County Board of
Supervisors.
Agreed to this day of November, 2010.
TOWN OF ROCK
By: Mark Gunn, Town of Rock Chair
By: Deborah Bennett, Town of Rock Clerk
Agreed to this day of November, 2010.
CITY OF JANESVILLE
By: Eric." Levitt, Janesville City Manager
By: Jean Ann Wuff, Janesville City Clerk-Treasurer
1,010 MI P.i. Awacionsoce imitens. Pim* *Antal srm a.14103611
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