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2000-56PROGRAM/92 - 2000 RESOLUTION NO. 2000-56 12 JUNE 2000 PAGE (1) OF (3) FINAL RESOLUTION FINAL RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWER UNDER SECTION 66.60, WISCONSIN STATUTES AND REQUIRING INSTALLATION OF WATER, SEWER, AND GAS SERVICE LATERALS AND PROVIDING FOR ASSESSMENT OF COSTS UNDER SECTION 66.625, 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 12th day of June, 2000 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, All Property Fronting Upon Each Side Of From Its Intersection With To Its Intersection With STREET CONSTRUCTION IN NEW DEVELOPMENTS (PHASE I) INCLUDING: WATER MAIN AND WATER AND GAS SERVICE LATERALS Summit Drive 306' N. of Ridgewood Drive Skyline 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. 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 ~ A deferment unti3 connected was granted to Keith Konkol (Lot 21) and Pedro Tirado and Elizabeth Paque (Lot 33). PROGRAM//2 - 2000 FINAL RESOLUTION NO. 2000-56 12 JUNE 2000 PAGE (2) OF (3) 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 eight-and-one-quarter percent (8-1/4%) 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 eight-and-one-quarter percent (8-1/4%) 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 eight-and-one-quarter percent (8-1/4%) 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 eight-and-one- quarter percent (8-1/4 %) 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 eight-and-one-quarter percent (8-1/4 %). 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. PROGRAM #2 - 2000 FINAL RESOLUTION NO. 2000-56 12 JUNE 2000 PAGE (3) OF (3) 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: June 12, 2000 APPROVED: S~ven E. Sheiffer, Cit~ Manager ATTEST: ~ A~ WUif, iii Clerk-Tre~rer APPROVED AS TO FOP: ~oo City Attorney Proposed By: Engineering Department Prepared By: Engineering Depar~ent MOTION BY: Williams Schneider SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT SCHNEIDER x WILLIAMS x NOLL x BRIEN x MURPHY x O'LEARY x DeGARMO x FinalResolution~2WOTownshipParagraph