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2014-1104 RESOLUTION NO. 2014 -1104 A resolution providing direction and authorizing the grant of City funds for the design and construction of the Marvin W. Roth Community Pavilion at Lower Courthouse Park. WHEREAS, in 1982, the City of Janesville constructed an amphitheater including a roughly 50 foot by 30 foot concrete stage in Lower Courthouse Park, intended for the use and enjoyment of the public in downtown Janesville; and WHEREAS, the City of Janesville has been granted maintenance and operational authority for the land on which Lower Courthouse Park, including the existing stage and proposed structure, is situated from Rock County since 1863; and WHEREAS, the children of the late Marvin W. Roth have agreed to donate $50,000.00 in their father's memory to support the construction of a structure which serves to protect the existing stage from the elements, enhance its aesthetic and functional appeal, provide an improved venue for the arts and community events, and generally improve the streetscape on South Main Street; and WHEREAS, additional donations, including an anonymous donation of $50,000.00, have been pledged to the improvements to Lower Courthouse Park; and WHEREAS, the South Central Wisconsin Builders Association and Forward Janesville have committed to completing the improvements to Lower Courthouse Park through a combination of donated dollars, materials, and labor; and WHEREAS, discussion and action on Monday, May 12, 2014, at the regularly scheduled Common Council meeting, were taken by the Janesville Common Council concerning the proposed improvements to Lower Courthouse Park, namely the construction of the Marvin W. Roth Community Pavilion; and WHEREAS, the Common Council authorizes and currently has sufficient balance in parkland acquisition and development funds to provide $115,000.00 for the proposed improvements, $40,000 of which will be paid back by the family of Marvin W. Roth in $10,000 annual increments each in 2015, 2016, 2017, and 2018; and WHEREAS, the City may grant these funds to a non - profit, non -stock organization for use towards the renovation and rehabilitation, such as the South Central Wisconsin Builders Association, One Parker Place, Janesville, Wisconsin, pursuant to Wis. Stats. Secs. 62.11(5), 62.22(1), and other applicable Wisconsin statutes and laws for their expenditure solely pertaining to the Marvin W. Roth Community Pavilion project and purposes, and may use such funds after and /or with the expenditure of privately raised monies pertaining to such work; and WHEREAS, friends, volunteers, organizations, businesses, and other interested persons and parties have come forward that shall donate certain materials and /or labor towards the construction of the Marvin W. Roth Community Pavilion enabling its enhanced future use by the public; and WHEREAS, the donated, volunteered, and contracted labor and /or materials, and City funding shall approximate $225,000 with the actual work under the oversight of competent and interested private parties; and WHEREAS, the City Manager shall have the authority to determine and require the proper mechanisms, means, and timing for the appropriated expenditure(s) of the City's grant monies for this project, and to make take actions thereto from time to time as he determines to be in the best interests of the City, the project, and the public; and WHEREAS, the Common Council hereby find that Lower Courthouse Park and the Marvin W. Roth Community Pavilion are important components of the cultural richness of Downtown Janesville and the community as a whole; and WHEREAS, the Common Council find that such proposed construction, related activities and purposes, and City funding grant to the South Central Wisconsin Builders Association, are of benefit to the public and in the best interest of the City, its residents, and public facility users; and WHEREAS, these additional, expanded, and /or new uses, modifications, purposes, and funding appropriation grant require prior Common Council review, approval and authorization. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville that: 1. Each of the above recitals is hereby reiterated and incorporated herein by reference as if fully set forth verbatim; and 2. The proposed renovations, rehabilitation, preservation, and City monies grant appropriation are hereby approved and authorized; and 3. 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, understandings, and arrangements; to make modifications thereto; 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, project, and /or public purposes. ADOPTED: May 27, 2014 Motion by: Kealy Second by: Liebert APPRO ED: Councilmember Aye Nay Pass Absent J A 1 �1 Bobzien X Mark A. reitag, City Manager Farrell X Fitzgerald X ATTEST: i. X Liebert X 'y „ can Ann W f, City Cler -Tre er Marklein X Severson X APPROVED AS TO FORM: tial=t'a Tim Wellnitz, Assistant City Attorney Proposed by: Economic Development Department Prepared by: Economic Development Department