2005-215
RESOLUTION NO. 2005-215
PUBLIC WORKS BID SCHEDULE "G" - 2005
24 OCTOBER 2005
PAGE (1) OF (5)
FINAL RESOLUTION
FINAL RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT
POWER UNDER SECTION 66.0703, WISCONSIN STATUTES AND REQUIRING
INSTALLATION 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 24th day of October, 2005 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,
I. STREET CONSTRUCTION IN NEW DEVELOPMENTS (PHASE I) 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
Cascade Drive
Orchard Street
S. Grant ^vonue
'Nilson Avonuo
Kestrel Point Drive
Rimrock Road
Red Cedar Drive
White Pine Drive
Galaxy Drive
Red Oak Drive
Coquette Drive
Portland Drive
S. Grant Avonue
Rockport Road
S. Gr~mt Avenue
96' E. of Rimrock Road
400' N. of Kestrel Point Drive
White Pine Drive
Red Cedar Drive
130' W. of Red Oak Drive
Galaxy Drive
Apollo Drive
Braxton Drive
152' E. of S. Grant ^vonue. J
\(
Orchard Stroet M ,"
~ 4 ~' ,^' f ð G t ^ "d
. . . 0 . ran, .vonue,1V
610' W. of Rimrock Road
Rockport Road
Woodbury Lane
1 ,200' N. of Red Cedar Drive
Coquette Drive
120' E. of Coquette Drive
180' N. of Galaxy Drive
FINAL RESOLUTION NO. 2005-215
PUBLIC WORKS BID SCHEDULE "G" - 2005
24 OCTOBER 2005
PAGE (2) OF (5)
II. SANITARY SEWER, WATER MAIN, GRADE AND GRAVEL, AND SEWER AND WATER
LATERALS - FOR ASSESSMENT PURPOSES ONLY
All Property Fronting
Upon Each Side Of
From
To
SS Rockport Park Drive
SS E. Rotamer Road
John Paul Road (CTH Y)
Afton Road
648' E. of Galaxy Drive
376' N. of W. Rotamer Road
977' Westerly
90' E. of Deer Crossing
1,166' N. of W. Rotamer Road
III. CURB AND GUTTER AND PAVING - FOR ASSESSMENT PURPOSES ONLY
All Property Fronting
Southerly Side Of
From
To
Rockport Park Drive
Afton Road
977' Westerly
IV. WATER MAIN CONSTRUCTION AND WATER LATERALS
All Property Fronting
Upon Each Side Of
From
To
SS USH 14
Delavan Drive
USH 51
1,200' E. of Todd Drive
1 ,450' West
1,572' E. of Todd Drive
V. SANITARY SEWER MAIN CONSTRUCTION AND SANITARY LATERALS
All Property Fronting
Upon Each Side Of
From
To
Future Kestrel Point Drive
Hickory Bluff Greenbelt
Delavan Drive
96' E. of Rimrock Road
Lift Station
1,200' E. of Todd Drive
Falcon Ridge Drive
Red Cedar Drive
1,572' E. of Todd Drive
FINAL RESOLUTION NO. 2005-215
PUBLIC WORKS BID SCHEDULE "G" - 2005
24 OCTOBER 2005
PAGE (3) OF (5)
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
financial 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 1.150-2.
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.
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
FINAL RESOLUTION NO. 2005-215
PUBLIC WORKS BID SCHEDULE "G" - 2005
24 OCTOBER 2005
PAGE (4) OF (5)
connection. This method of payment shall be approved and ratified by the Board of the Town of Rock in
accord with Section 66.0707 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 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 seven percent (7%) 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 seven percent (7%) 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 seven percent (7%) 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 seven percent (7%) 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 seven percent (7%).
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.
FINAL RESOLUTION NO. 2005-215
PUBLIC WORKS BID SCHEDULE "G" - 2005
24 OCTOBER 2005
PAGE (5) OF (5)
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.
1 O. 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 24, 2005
APPROY~D: ""
/ ''/ ". ~/
/ "/ o', 'v /'_
I IL ,/ -' -I I - ,,/
SteVén E. SheiÍ1er. City anager
ATTEST:
APPROVED AS TO FORM:
City Attf,~~rf' '7--/ ¡
10//715-
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Proposed by: Engineering Department
Prepared by: Engineering Department
MOTION BY: Williams
SECOND BY: Brien
COUNCILMEMBER AYE NAY PASS ABSENT
BRUNNER X
BRIEN X
WILLIAMS X
WELLNITZ, TIM X
WELLNITZ, TOM X
DeGARMO X
ADDIE X
Final Resol ution Bid ScheduleG