2002-291PROGRAM #3 - 2002
RESOLUTION NO. 2002-291
14 OCTOBER 2002
PAGE (1) OF (3)
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 14th day of October, 2002 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
Purple Aster Lane
Stonefield Lane
Autumn Lane
Chesapeake Avenue
DuPont Drive
Burbank Avenue
Chaparral 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 Chaparral 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
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.
PROGRAM #3 - 2002
FINAL RESOLUTION NO. 2002-291
14 OCTOBER 2002
PAGE (2) OF (3)
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 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 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. 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 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, 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
PROGRAM #3 - 2002
FINAL RESOLUTION NO. 2002-291
14 OCTOBER 2002
PAGE (3) OF (3)
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%).
8. 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.
9. The City Clerk is directed to publish this Resolution in The Janesville Gazette, the official newspaper
of the City.
10. 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: October 14, 2002
APPROVED:
Steven E. Sheiffer, City Managet'
ATTEST:
Jea~Ann Wulf, ~]~ty Clerk-Treasu~.~
APPROVED AS TO FORM:
C~tyAttor~ey ' ~' ~ '
Proposed by:
Prepared by:
Engineering Department
Engineering Department
MOTION BY: Steeber
SECOND BY: Williams
COUNCILMEMBER AYE NAY PASS ABSENT
STEEBER x
x
MURPHY
X
DAMRON
WILLIAMS X
DeGARMO X
BRIEN X
X
O'LEARY
FinalResolutionPWP#3 W/ORockTownshipPara