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2002-275PROGRAM #3 - 2002 RESOLUTION NO. 2002-275 9 SEPTEMBER 2002 PAGE (1) OF (3) 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 PROVDING FOR ASSESSMENT OF COSTS UNDER 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 facilitate 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 Purple Aster Lane Stonefield Lane Autumn Lane Chesapeake Avenue DuPont Drive Burbank Avenue Chaperel Drive Ridge Drive Falcon Ridge Drive Stone Ridge Drive 142' N. of Curry Lane Purple Aster Lane 147' N. of Labrador Drive 490' E. of Spaulding Avenue 140' S. of Burbank Avenue 90' W. of DuPont Drive Burbank Avenue 130' S.W. of Falcon Ridge Drive Ridge Drive Ridge Drive Stonefield Lane 150' N. of Curry Lane 181' N. of Chesapeake Avenue Autumn Lane 130' N. of Burbank Avenue 176' E. of Chaperel Drive 584' S. of Burbank Avenue 130' S.W. of Ridge Creek Drive 120' S.E. of Ridge Drive 371' S.W. of Ridge Creek Drive PROGRAM #3 - 2002 PRELIMINARY RESOLUTION NO. 2002-275 9 SEPTEMBER 2002 PAGE (2) OF (3) 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. 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 six-and-three-quarter percent (6-3/4%) 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 six-and-three-quarter percent (6-3/4%) 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 six-and-three-quarter percent (6-3/4%) 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 of five (5) years with interest at six-and-three-quarter percent (6-3/4%) 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 six-and-three-quarter percent (6-3/4%) per annum. 5. The City Engineer is directed to prepare a report consisting off 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 - 2002 PRELIMINARY RESOLUTION NO. 2002-275 9 SEPTEMBER 2002 PAGE (3) OF (3) 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. 6. Upon receiving the report of the City Engineer, the Clerk is directed to give notice of a Public heating on such report as specified in S.66.0703(7)(a), Wisconsin Statutes. The heating 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. 7. 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 9, 2002 APPROVED, F/ _-- . ,0 / ~ 1~. ~h~ffer, C~It~ Manager ATTEST: Je/on/Ann Wulf, Ci~ ~le~k-T~e~s~er / ~PROVED AS TO FO~: Proposed by: ENGINEERING DEPARTMENT Prepared by: ENGINEERING DEPARTMENT MOTION BY: 0 ' Leary SECOND BY: Murphy COUNCILMEMBER AYE NAY PASS ABSENT STEEBER X MURPHY X DAMRON X WILLIAMS x DeGARMO X BRIEN X O'LEARY X