Loading...
2014-1075 RESOLUTION NO. 2014 -1075 A RESOLUTION OF NECESSITYAUTHORIZING THE ACQUISITION OF PROPERTY FOR THE CONSTRUCTION OF A FIRE STATION FOR THE CITY OF JANESVILLE RECITALS WHEREAS, the City of Janesville intends to construct a new fire station for the purpose of providing fire fighting services to the citizens of the City; and WHEREAS, the City of Janesville Plan Commission reviewed and recommended the location and use of the new downtown fire station without making any comment about the financial aspects of the project; and WHEREAS, funding for the acquisition of real estate and related relocation expenses, pursuant to Chapter 32, Wisconsin Statutes, is hereby approved and appropriated by the Common Council of the City of Janesville in the amount necessary and desirable for acquisition, relocation, incidental costs and expenses, and as budgeted and/or as to be borrowed; and WHEREAS, Wis. Stats. §§ 32.06, 32.07, 62.22(1), 62.23(17)(a), 62.23(17)(b), 66.0101, 62.11(5), and other applicable provisions set forth in the Wisconsin Statutes permit the City's acquisition, development, ownership, protection, improvement to, and maintenance of public properties and facilities for public purposes by negotiated purchase and/or by eminent domain; and WHEREAS, the Common Council find that all such new central fire station No. 1 and associated land acquisition constitute legitimate public purposes and are of benefit to the public and in the best interest of the City and its residents, businesses, and visitors. RESOLUTION Therefore, the Common Council of the City of Janesville, Rock County, Wisconsin, do resolve as follows: 1. All of the above recitals are hereby reiterated and incorporated herein by reference as if fully set forth verbatim; and 2. This Resolution is a resolution of necessity, in accordance with subsections 32.06(1) and 32.07(2), Wisconsin Statutes, relating to the within - described public improvement project. 3. It is necessary for the City of Janesville to construct a new fire station for the public purpose of providing fire fighting services to the citizens of the City of Janesville. 4. It is necessary, in the furtherance of the above - stated public purpose, for the City to acquire fee title to the following described real estate, as shown on the attached map of properties to be acquired, for the new fire station: Parcel Owner(s) 0125300228 630 Prospect Avenue Barbara Anderson 0125300232 339 Milton Avenue Rebecca Carlson 0125300236 315 Milton Avenue Timothy Duddeck 0125300234 327 Milton Avenue Federal National Mortgage Association 0125300224 614 Prospect Avenue Blake Good, Keith Good, Leann Good 0125300231 345 Milton Avenue Heidenreich Properties, LLC 0125300227 626 Prospect Avenue Bobbie L. Meyer, Joseph W. Meyer 0125300229 700 Prospect Avenue Sherry Moran 0125300237 309 Milton Avenue Joshua Regenold 0125300235 321 Milton Avenue John W. Sage, Grace M. Sage 0125300230 706 Prospect Avenue Joyce Shea 0125300226 622 Prospect Avenue Andrew Thomas 0125300233 333 Milton Avenue Shawn A. Sharp, Barbara J. Sharp 5. The City of Janesville will acquire, by condemnation in accordance with Chapter 32 of the Wisconsin Statutes if necessary, the above - described real estate from the record owner(s) thereof, who are identified in Paragraph 3 above, and from any and all other persons or entities who may have an interest in said real estate. 6. The City Manager and his designees, on behalf of the City of Janesville, are authorized and empowered to negotiate, draft, modify, review, execute and enter into agreements, close upon the purchases of real property, and pay relocation expenses in accordance with the purpose of this Resolution and in accordance with the parameters established by the City of Janesville Common Council, but without any other limitation on price or terms. 7. BE IT FURTHER RESOLVED that the City Manager and his designee(s), on behalf of the City of Janesville, is /are hereby authorized and empowered to negotiate, draft, modify, review, execute, and enter into additional agreements, record, file and/or make minor modifications and/or amendments to any and all documents, papers, forms and agreements, and to take whatever other actions as the City Manager may determine, from time to time and at any time, necessary and/or desirable to effectuate the intent of this Resolution and/or project. 2 1 8. NOW, BE IT FURTHER RESOLVED that the Common Council of the City of Janesville hereby approve and authorize the City Administration to take actions necessary to provide funding for the new fire station property acquisition, relocation, and related costs fees, and expenses not previously funded; No funds from sources other than the Notes or the Available Funds previously authorized, will be or are expected to be, reserved, allocated on a long -term basis, or otherwise set aside by the City for the property acquisition and relocation elements of the project, except as permitted by the Internal Revenue Code of 1986, as amended. This declaration of official intent is consistent with the budgetary and financial circumstances of the City. The purpose of this Resolution is to satisfy the "official intent requirement" of Treasury Regulation Section 1.150 -2. ADOPTED: April 14, 2014 Motion by: Voskuil Second by: Severson APPROVED: ' Councilmember Aye Nay Pass Absent Farrell X Mark A. Freitag, City Manager Fitzgerald X Kealy X A T: Liebert X -..K411; Air AI/ L Marklein X . Ann Wu f, City Cler -Tres- er Severson X APPROVED AS TO FORM./ Voskuil X Wald KlimczyR, City Attorney Proposed by: Council President Voskuil and Council Member Marklein Prepared by: Wald Klimczyk, City Attorney J:\Agenda Review\Manager Office Review\Resolution Fire Station Site CC Authorization 012314.doc 3