2000-84PROGRAM//3 - 2000
RESOLUTION NO. 2000-84
11 SEPTEMBER 2000
PAGE (1) OF (6)
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 1 lth day of September, 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: SANITARY
SEWER, WATER MAIN, PRELIMINARY GRADING AND GRAVELING, AND SEWER, WATER
AND GAS SERVICE LATERALS
Tennyson Drive
Kipling Drive
Stellar Drive
Sandhill Drive
Autumn Lane
Briar Crest Drive
Spaulding Avenue
Secretariat Drive
Omaha Drive
New Castle Drive
Huntington Court
Lansing Drive '
Cross Prairie Drive
Sandstone Drive
Hoya Lane
Bruin Lane
Nittany Lane
Blue Devil Blvd.
Newville Road
Terapin Trail
125' N. of Kipling Drive
Tennyson Drive
Kipling Drive
WL 7th Add. Fox Ridge Estates
Sandhill Drive
N. Wright Road
Briar Crest Drive
160' S. of Omaha Drive
Secretariat Drive
Churchill Drive
New Castle Drive
160' W. of Cross Prairie Drive
Lansing Drive
85' E. of Wuthering Hills Drive
Terapin Trail
Hoya Lane
Terapin Trail
Terapin Trail
1,025' N. of Section 7, T3N, R13E
Hoya Lane
130' S. of Kipling Drive
Hayner Road
130' South
Autumn Lane
134' North
404' E. of Spaulding Avenue
120' South
160' N. of Omaha Drive
983' East
EL Huntington Estates
Cul De Sac
150' E. of Cross Prairie Drive
Sandstone Drive
120' E. of Cross Prairie Drive
Bruin Lane
Terapin Trail
153' North
153' North
1,799' N. of Section 7, T3N, R13E
Kennedy Road
PROGRAM #3 - 2000
FINAL RESOLUTION NO. 2000-84
11 SEPTEMBER 2000
PAGE (2) OF (6)
All Property Froming
Upon Each Side Of
From Its Imersection With
To Its Intersection With
STREET CONSTRUCTION IN NEW DEVELOPMENTS (PHASE I) INCLUDING: SANITARY
SEWER, WATER MAIN, PRELIMINARY GRADING AND GRAVELING, AND SEWER, WATER
AND GAS SERVICE LATERALS (Continued)
Garden Drive
Avalon Road
King Street
Tower Drive
60' N. of Tree Lane
Tower Drive
Lafayette Street
Stearman Street
132' S. of Tree Lane
1,020' West
DuPont Drive
Cul De Sac
II.
STREET CONSTRUCTION IN NEW DEVELOPMENTS (PHASE I) INCLUDING: SANITARY
SEWER, AND SEWER, WATER AND GAS SERVICE LATERALS
NS USH 14
Easement
Kennedy Road
EL Huntington Estates
262' East
200' East
III.
STREET CONSTRUCTION IN NEW DEVELOPMENTS (PHASE I) INCLUDING: WATER MAIN,
PRELIMINARY GRADING AND GRAVELING, AND SEWER, WATER, AND GAS SERVICE
LATERALS
Kennedy Road
394' S. of Terapin Trail
NL Harmony Grove Subdivision
IV.
STREET CONSTRUCTION IN NEW DEVELOPMENTS (PHASE I) INCLUDING: PRELIMINARY
GRADING AND GRAVELING, AND SEWER, WATER, AND GAS SERVICE LATERALS
DuPont Drive 202' N. of Kellogg Avenue King Street
PROGRAM//3 - 2000
FINAL RESOLUTION NO. 2000-84
11 SEPTEMBER 2000
PAGE (3) OF (6)
V. SANITARY SEWER AND SEWER AND GAS SERVICE LATERALS, FOR ASSESSMENT
PURPOSES ONLY
Kennedy Road
394' S. of Terapin Trail
NL Harmony Grove
VI. SANITARY SEWER, WATER MAIN, AND PRELIMINARY GRADING AND GRAVELING, FOR
ASSESSMENT PURPOSES ONLY
E. Rotamer Road
Sandhill Drive
165' W. of Northington Drive
N. Wright Road
355' W. of Northington Drive
Spaulding Avenue
VII. WATER MAIN, FOR ASSESSMENT PURPOSES ONLY
NS USH 14 Kennedy Road 262' East
VIII.
STREET CONSTRUCTION IN NEW DEVELOPMENTS (PHASE II), INCLUDING ASPHALT
PAVING
Alley Woodlane Drive 230' East
IX. CURB AND GUTTER AND ASPHALT PAVING, FOR ASSESSMENT PURPOSES ONLY
E. Rotamer Road
Sandhill Drive
165' W. of Northington Drive
N. Wright Road
355' W. of Northington Drive
Spaulding Avenue
X. STREET REHABILITATION, INCLUDING: INTERMITTENT CURB AND GUTTER
REPLACEMENT, AND SANITARY, STORM, WATER AND GAS SERVICE LATERALS
N. Sumac Drive
* Assessments for N.
Randolph Road Holiday Drive
Sumac Drive to be paid for by the City of Janesville.~/~
PROGRAM #3 - 2000
FINAL RESOLUTION NO. 2000-84
11 SEPTEMBER 2000
PAGE (4) OF (6)
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
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 f'mancial 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. That the actual levy of the special assessment shall take place at the time of the adoption of the final
public works resolution by the Common Council of the City of Janesville concerning these improvements. The
property owner(s) in Rock Township against whose property such special assessment shall be levied under and
by this Resolution shall have their payment obligation deferred, without interest accruing thereon, until such time
as their specific property is annexed or connects to such improvement(s), in which event the special assessment
shall be due and payable either in full or in five (5) annual installment payments, the latter with interest accruing
thereon from the date of annexation or connection. This method of payment shall be approved and ratified by
the Board of the Town of Rock in accord with Section 66.65 of the Wisconsin Statutes, and such other applicable
provisions of law and intergovernmental agreement(s), and shall act, once so ratified by the Rock Town Board,
as a levied special assessment against such abutting and/or benefiting properties in the Town of Rock. This levy
and special assessment payment provisions are in accord with the City of Janesville/Town of Rock Cooperative
Boundary Plan, City of Janesville Common Council Special Assessment Policy No. 63, related pertinent
provisions, and the Town of Rock/Janesville Highway 11 Bypass Agreement. The special assessment levy and
payments shall be made by the abutting, benefiting and affected property owners in accord with the LaPrairie
PROGRAM #3 - 2000
FINAL RESOLUTION NO. 2000-84
11 SEPTEMBER 2000
PAGE (5) OF (6)
and Rock Township City of Janesville Highway 11 Bypass Agreement, as well as the Rock/Janesville
Cooperative Boundary Plan. This provision applies only to the properties located in the Town of Rock.
8. 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 %).
9. 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.
PROGRAM//3 - 2000
FINAL RESOLUTION NO. 2000-84
11 SEPTEMBER 2000
PAGE (6) OF (6)
10. The City Clerk is directed to publish this Resolution in The Janesville Gazette, the official newspaper
of the City.
11. 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: September 11, 2000
APPROVED: ,, !
~te~ E. ~heiffe[,~ ~/ty °~l~ager
ATTEST:
Jflaff./knn Wulf, ritf dl~rk-~reas~r{
APPROVED AS TO FO,~M:
City Attorney !
Proposed by: Engineering Department
Prepared by: Engineering Department
MOTION BY: O'Leary
SECOND BY: Schne±der
COUNCILMEMBER AYE NAY PASS ABSENT
SCHNEIDER x
WILLIAMS x
NOLL x
BRIEN X
MURPHY X
O'LEARY X
DeGARMO x
FinalResolutionPWP#3