2005-192
RESOLUTION NO. 2005 - 192
A resolution authorizing the design and engineering of a west side water tower and consultant study for the
conversion of a portion of city arboretum land to a non-recreational use.
Whereas, Hendricks Land Development LLC ("Hendricks") is the current owner and developer of certain real
property on the West side of Janesville outside the current corporate limits of the CITY in the Town of
Janesville, as legally or otherwise described in Attachment A hereto which is incorporated herein as if fully set
forth verbatim (hereinafter the "DEVELOPMENT"); and
Whereas, the DEVELOPMENT shall contain approximately Two hundred thirty six (236) dwelling units to
construct primarily single and two-family residences; and
Whereas, the DEVELOPMENT will require water service; and HENDRICKS has requested that the CITY
design, engineer and construct a Five Hundred Thousand Gallon (500,000 gal.) high service elevated water
reservoir to serve the DEVELOPMENT; and
Whereas, HENDRICKS' proposed residential subdivision DEVELOPMENT includes the extension of a
residential street through a portion of the CITY owned Robert O. Cook Memorial Arboretum; and
Whereas, the CITY is willing to design and engineer the TOWER and prepare a consultant study for the
Arboretum conversion all in the estimated cost of One Hundred Thirty Thousand Dollars ($130,000) prior to the
customary plat approval and special assessment procedure for development projects in order to expedite this
DEVELOPMENT as requested and save at least one year construction time, but only upon the terms and
conditions as set forth in a certain Agreement by and Between the City of Janesville and Hendricks Providing
For the Design and Engineering of a West Side Water Tower and Consultant Study for the Conversion of a
Portion of City Arboretum Land to a Non-Recreational Use, dated the _ day of , 2005
("Agreement"), which Agreement is incorporated herein by reference as if fully set forth verbatim; and
Whereas, HENDRICKS and the CITY find it mutually beneficial for HENDRICKS to pay to the CITY in
advance for any and all time, costs, fees and expenses that the CITY incurs or pays in any manner arising from
and/or pertaining to: (1) the design and engineering of the TOWER, and (2) a consultant's study for the
conversion of a portion of City Arboretum land to a non-recreational use, (3) the Arboretum street design and
construction, and (4) any and all other related CITY design and engineering (hereinafter collectively the
"DESIGN COSTS"); with the CITY keeping all the DESIGN COSTS if HENDRICKS does not proceed with
the DEVELOPMENT, and the CITY reimbursing HENDRICKS only the DESIGN COSTS of the TOWER in
item (1) above but not reimbursing items (2), (3) or (4) if the DEVELOPMENT proceeds in the manner set
forth in the Agreement; and
Whereas, the CITY intends to construct a new high service elevated water reservoir (water tower) and related
appurtenances (hereinafter "TOWER) to be located adjacent to the CITY's current high pressure water reservoir
on CITY owned property on the West side of Janesville, which TOWER's construction shall be in the estimated
amount of Two Million Three Hundred Thousand and 00/100 Dollars ($2,300,000) to provide water service to
the DEVELOPMENT but only upon certain terms and conditions that will be negotiated later between the
parties; and
Whereas, the Common Council of the City of Janesville hereby find that the DEVELOPMENT, Agreement and
Resolution are all in the best interest and benefit of the CITY and its residents.
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NOW, THEREFORE, the Common Council of the City of Janesville hereby do resolve, authorize, approve
and empower as follows:
1. All of the above recitals and the Agreement are reiterated and incorporated herein by reference
as if fully set forth verbatim.
2. The Agreement is hereby authorized and approved and the City Administration may enter into
the Agreement with HENDRICKS on behalf ofthe CITY.
3. The Common Council hereby express their intent to construct the TOWER.
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 agreements, amendments, documents 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:
June 27, 2005
MOTION BY: Williams
SECOND BY: DeGarmo
COUNCILMEMBER AYE NAY PASS ABSENT
BRUNNER X
BRIEN X
WILLIAMS X
WELLNITZ, Tim X
WELLNITZ, Tom X
DEGARMO X
ADDIE X
.~
S yen E. Sheiffer, City Manager
ATTEST:
Jean
APPROVED AS TO FORM:
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City ~torn1f{ ,
Proposed by: City Administration
Prepared by: City Attorney
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