2004-91
BID SCHEDULE "G" - 2004
RESOLUTION NO. 2004-091
25 OCTOBER 2004
PAGE (1) OF (4)
FINAL RESOLUTION
FINAL RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWER
UNDER SECTION 66.0703, WISCONSIN STATUTES AND REQUIRING INST ALLA TION OF
WATER, SEWER, AND GAS SERVICE LATERALS AND PROVIDING FOR ASSESSMENT
OF COSTS UNDER SECTION 66.0911, 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 25th day of October, 2004 for the purpose of hearing all interested
persons concerning the Preliminary Resolution and Report ofthe City Engineer on the proposed improvements of
the following streets,
1. STREET CONSTRUCTION IN NEW DEVELOPMENTS (PHASE n INCLUDING: SANITARY
SEWER. WATER MAIN. PRELIMINARY GRADING AND GRAVELING. AND SEWER. WATER.
AND GAS SERVICE LATERALS
All Property Fronting
Upon Each Side Of
From
To
Aspen Street
Prairie Knoll Drive
Redwood Drive
S. Oakhill Avenue
Huntinghorne Drive
Huntinghorne Drive
W oodgate Drive
Braxton Drive
Cascade Drive
Cumberland Drive
Boulder Drive
Tripp Road
Secretariat Drive
Affirmed Drive
S. of Evergreen Drive
S. Oakhill Avenue
Aspen Street
240' N. of Prairie Knoll Drive
Braxton Drive
Braxton Drive
Braxton Drive
W oodgate Drive
Braxton Drive
129' N. of Boulder Drive
Cumberland Drive
Creekside Drive
Affirmed Drive
Secretariat Drive
Prairie Knoll Drive
329' E. of Aspen Street
329' E. of Aspen Street
133.2' S. of Prairie Knoll Drive
130' NE of Braxton Drive
347' SW of Braxton Drive
275' NE of Tanglewood Drive
172' NW of Portland Drive
131' SE of Braxton Drive
186' S. of Boulder Drive
437' E. of Cumberland Drive
Hayner Road
160' S. of Affirmed Drive
950' E. of Secretariat Drive
BID SCHEDULE "G" - 2004
FINAL RESOLUTION NO. 2004-091
25 OCTOBER 2004
PAGE (2) OF (4)
I1. SANITARY SEWER. WATER MAIN. AND SEWER. WATER. AND GAS SERVICE LATERALS
All Property Fronting
On East Side Only
From
To
South USH 51
STH 11
450' S. of STH 11
and has heard all persons desiring audience at such hearing;
NOW, THEREFORE, BE IT RESOLVED, by the Common Council ofthe 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 ofthe 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 financial circumstances ofthe City. Copies ofthis 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 1.150-2.
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.
BID SCHEDULE "G" - 2004
FINAL RESOLUTION NO. 2004-091
25 OCTOBER 2004
PAGE (3) OF (4)
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 66.0707 ofthe 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 J anesville Common Council Special Assessment Policy No. 63, related pertinent provisions, and the Town
ofRock/J anesville 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 and Rock Township City of J anesville
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 six-and-three-quarter
percent (6-3/4%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth
ofthe principal with the interest for November and December, on the unpaid portion, and shall be so entered in the
Tax Roll. Each ofthe subsequent installments shall be entered in each ofthe annual tax rolls thereafter until all are
collected. Deferred payment on the aforementioned installments shall bear interest at six-and-three-quarterpercent
(6-3/4%) 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 six-and-three-quarter percent (6-3/4%) per annum will be charged from the last day of the
month ofthe billing. The assessments for said other owners may be: (a) paid in cash upon completion ofthe work in
the month of billing without interest; or (b) paid with the taxes the first year following the completion ofthe 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 ofthe property owner and with the approval ofthe Committee of Public
Works, spread over a period of five (5) years with interest at six-and-three-quarter percent (6-3/4%) per annum on
the unpaid balance. The first installment on the five-year plan shall include one-fifth ofthe principal with interest
through the end of December in the year so entered. Each ofthe 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 six-and-three-quarter percent (6-3/4%).
BID SCHEDULE "G" - 2004
FINAL RESOLUTION NO. 2004-091
25 OCTOBER 2004
PAGE (4) OF (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 ofthe
construction. The charges for grading and graveling oflisted 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.
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: October 25, 2004
APPROVED:
ATTEST:
APPROVED AS TO FORM:
¡j)¡¡it{ Kd
City Attorney
IP!r1 tJ'/
f
Proposed by:
Prepared by:
ENGINEERING DEPARTMENT
ENGINEERING DEPARTMENT
MOTION BY: DeGarmo
SECOND BY: Tim Wellnitz
COUNCILMEMBER AYE NAY PASS ABSENT
WELLNITZ, TIM X
BRIEN X
WILLIAMS X
WELLNITZ, TOM Abs aine
STEEBER X
DeGARMO X
ADDIE X
FinalResolutionB idScheduleG