2017-1461 r
RESOLUTION NO. 2017-1461
A RESOLUTION granting an underground utility easement to AT&T across City-owned
property located at 20 W. Milwaukee Street and 113 N. Main Street for purposes of
relocating facilities and boring the Rock River.
WHEREAS, the Common Council of the City of Janesville supports the reconstruction of
the Milwaukee Street bridge project; and
WHEREAS, Wisconsin DOT held an Operational Planning meeting September 1, 2016
with utility companies to share information about the reconstruction of the Milwaukee
Street bridge; and
WHEREAS, AT&T met with Wisconsin DOT and City staff September 19, 2016 to
discuss the need to relocate existing facilities attached to the Milwaukee Street bridge
prior to the bridge reconstruction in the fall of 2018; and
WHEREAS, the tentative start date for demolition of the Milwaukee Street bridge is
October 1, 2018; and
WHEREAS, there is no cost to the City of Janesville for the relocation of the AT&T
existing utilities attached to the Milwaukee Street bridge; and
WHEREAS, AT&T will compensate the City of Janesville approximately $34,000
($6.25/sq ft for permanent easement and $1/ sq ft for temporary easement) to be
determined by the final easement document for purposes of utility relocation; and
WHEREAS, AT&T will obtain a right-of-way permit from the City of Janesville for this
work which will outline restoration conditions associated with all work located in the
public right-of-way and the defined easements; and
WHEREAS, the Common Council hereby find that this easement and AT&T relocation
of utilities benefit the City of Janesville; and
WHEREAS, AT&T was provided two years notice to plan for and execute the relocation
of utilities causing conflict, therefore, by accepting the easement from the City of
Janesville, AT&T acknowledges all conflicts with the reconstruction of the Milwaukee
Street bridge will be eliminated by September 15, 2018; and
WHEREAS, the City will outline restoration or any other specific conditions of the AT&T
project in a right-of-way permit for all work required as part of relocating facilities.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Common Council of the City of
Janesville that:
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1. Each of the above introductions and recitals are incorporated herein by reference
as if fully set forth verbatim; and
2. The City Administration is authorized on behalf of the City of Janesville to
negotiate and execute an underground utility easement with AT&T as described in the
attached document and set forth above;
3. The City of Janesville shall take any and all necessary actions to undertake,
direct, and complete approve activities prior to reconstruction of the Milwaukee Street
bridge; and
4. The City of Janesville will not be charged for any costs related to relocating the
existing utilities; and
BE IT FURTHER RESOLVED, by the Common Council of the City of Janesville that
they hereby approve and authorize the City Administration to take actions necessary to
grant an underground utility easement at no cost; and that no funds from sources other
than those defined are expected to be used, reserved, allocated on a long-term basis,
or otherwise set aside by the City for 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; and
BE IT FURTHER RESOLVED, that the City Manager and his designee(s), on behalf of
the City of Janesville, is/are hereby jointly and severally authorized and empowered to
negotiate, draft, review, revise, modify, amend, execute, enter into, file and/or record
additional applications, agreements, amendments, documents, reports, and letters of
understanding concerning this matter, and to take whatever additional other actions that
the City Manager may determine in his sole discretion, from time to time and at any
time, necessary and/or desirable in the public interest to effectuate the intent of this
Resolution.
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ADOPTED: September 25, 2017 Motion by: Consent
Second by: Consent
APPROVEDCouncilmember Aye Nay Pass Absent
Conley X
Mar . reitag, City Manager Farrell x
Gruber X
ATT : , . Jorgensen X
/ Marklein X
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/'7,-; Ir.- / Williams X
David T. Godek, C y Clerk-Treasurer Wolfe x
APPROVED AS TO FORM:
&/4411//924i
City Attorney
Proposed by: Engineering Division
Prepared by: Engineering Division
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