2002-218PROGRAM #4 - 2001 14 JANUARY 2002
RESOLUTION NO. 2002-218 PAGE (1) OF (4)
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 14th day of January, 2002 for the purpose of heating all interested
persons concerning the Preliminary Resolution and Report of the City Engineer on the proposed improvements of
the following streets,
I. SANITARY SEWER, AND SEWER, WATER AND GAS SERVICE LATERALS
All Property Fronting
Upon Each Side Of
From To
NS Avalon Road (USH 351) Center Avenue (USH 51)
Beloit Avenue Avalon Road (USH 351)
Beloit Avenue
Venture Drive (N)
II.
STREETS IN NEW DEVELOPMENTS (PHASE II) INCLUDING: CURB AND GUTTER,
ASPHALT PAVING, AND SEWER, WATER, AND GAS SERVICE LATERALS
All Property Fronting
Upon Each Side Of
From To
Venture Court
Beloit Avenue
Cul De Sac
III. WATER MA1N, FOR ASSESSMENT PURPOSES ONLY
All Property Fronting
Upon Each Side Of
From To
NS Avalon Road (USH 351) Progress Drive Beloit Avenue
PROGRAM #4 - 2001 14 JANUARY 2002
FINAL RESOLUTION NO. 2002-218 PAGE (2) OF (4)
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 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 fi.om 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 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 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 #4 - 2001 14 JANUARY 2002
FINAL RESOLUTION NO. 2002-218 PAGE (3) 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 RockJJanesville 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 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 from 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 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 thereafier
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 tmtil
paid and must be paid in cash or with the taxes in the year following the completion of the construction.
PROGRAM #4 - 2001 14 JANUARY 2002
FINAL RESOLUTION NO. 2002-218 PAGE (4) OF (4)
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.
ADOPTED: January 1_4, 2002
APPROVED:
Steven E. Sheiffer, City Managl~r''
ATTEST:
J~ Wulf, Ci~ Clerk-Treasurer
FO : /
/
Ci~Attomey t ~ [ -
Proposed by: Engineering Depament
Prepared by: Engineering Dep~ment
MOTION BY: I~lurphy
SECOND BY: Steeber
COUNCILMEMBER AYE NAY PASS ABSENT
DAMRON x
WILLIAMS x
O'LEARY X
DeGARMO x
BRIEN X
MURPHY X
STEEBER X
FinalResolutionPWP#4