2018-1595 RESOLUTION NO. 2018-1595
A resolution granting an underground utility easement to the School District of
Janesville across City-owned property parcels 0401100501 along W. Delavan
Drive and 0401100398 Monterey Park for purposes of boring the Rock River and
extending fiber optic.
WHEREAS, the Common Council of the City of Janesville supports the public use of
technology across the community; and
WHEREAS, there is no compensation requested as the City and School District of
Janesville are partnering on certain fiber optic conduit pathways across the City; and
WHEREAS, the School District of Janesville has obtained a right-of-way permit from
the City of Janesville for this work which outlines 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 benefits the
community and supports the schools; and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Common Council of the City of
Janesville that:
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 the School District of
Janesville as described in the attached document and set forth above;
3. The City of Janesville shall take any and all necessary actions to support the
extension of fiber optics between schools; and
4. The City of Janesville will not be charged for any costs related to this easement
or the actual extension of fiber optics to schools; 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
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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.
ADOPTED: December 10, 2018 Motion by: Consent
Second by: Consent
APPROVED: Councilmember Aye Nay Pass Absent
Conley X
Mark A. F eitag, City Manager Farrell x
Gruber X
A/ ` - Jorgensen X
Marklein X
L/ �� • /�� Williams X
David T. Godek, ity ' lerk-Treasurer Wolfe X
APPROVED AS TO FORM:
City Attorney
Proposed by: Engineering Division
Prepared by: Engineering Division
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