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File #: 12798    Version: 1 Name: Approving Plans, Specifications, And Schedule Of Assessments For Monona Drive Reconstruction Assessment District - 2009 and Determining a Public Purpose and Necessity and adopting a Relocation Order and Plat of Right-of-Way for the acquisition of Plat of
Type: Resolution Status: Passed
File created: 11/19/2008 In control: BOARD OF PUBLIC WORKS
On agenda: 1/6/2009 Final action: 1/6/2009
Enactment date: 1/9/2009 Enactment #: RES-09-00003
Title: Approving Plans, Specifications, And Schedule Of Assessments For Monona Drive Reconstruction Assessment District - 2009 and Determining a Public Purpose and Necessity and adopting a Relocation Order and Plat of Right-of-Way for the acquisition of Plat of land interests required for the Monona Drive Reconstruction Assessment District - 2009. (16th AD)
Sponsors: BOARD OF PUBLIC WORKS
Attachments: 1. Right-of-Way Plat.pdf, 2. 11-11-08 Relocation Order.pdf, 3. monona affidavit-1.pdf, 4. Engineer Notes, 5. 53B0549 Monona Dr.pdf
Fiscal Note
Funds are available in Acct. Nos:
CS53-58250-810571-00-53B0549  $150,000
CS53-58110-810571-00-53B0549   $50,000
 
Federal Funds                         $6,000,000.00
City of Monona/Dane County  $6,400,000.00
City of Madison                           $200,000.00
TOTAL                                   $12,600,000.00
 
Title
Approving Plans, Specifications, And Schedule Of Assessments For Monona Drive Reconstruction Assessment District - 2009 and Determining a Public Purpose and Necessity and adopting a Relocation Order and Plat of Right-of-Way for the acquisition of Plat of land interests required for the Monona Drive Reconstruction Assessment District - 2009.  (16th AD)
Body
The Board of Public Works and the City Engineer having made reports of all proceedings in relation to the improvement of Monona Drive Reconstruction Assessment District - 2009 pursuant to a resolution of the Common Council, RES-08-01033, ID No.  12516, adopted 11/18/08, which resolution was adopted in accordance with Sec. 66.0701 (formerly Sec. 66.62) of the Wisconsin Statutes and Sec. 4.09 of the Madison General Ordinances and having in all things duly conformed to the order of the Common Council in relation thereto, and the provisions of the Madison General Ordinances and the Wisconsin Statutes in such case made and provided, and the Common Council being fully advised.
 
BE IT RESOLVED:
1.      That the City at large is justly chargeable with and shall pay the sum of $200,000.00 of the entire cost of said improvement, and that the sum assigned to each separate parcel, as indicated on the attached schedule of assessment, is hereby specially assessed upon each such parcel.  
2.      That the Common Council determines such special assessments to be reasonable.
3.      That the work or improvement be carried out in accordance with the reports as finally approved.
4.      That such work or improvement represents an exercise of the police power of the City of Madison.
5.      That the plans & specifications and schedule of assessments in the Report of the Board of Public Works and the Report of the City Engineer for the above named improvement be and are hereby approved, and that the center line grades for the above named improvement be and are hereby established.
6.      That the Board of Public Works be and is hereby authorized to advertise for and receive bids for the said improvements.
7.      That no advertisement for bids shall be made until such time as the City of Madison has acquired full right-of-way.
8.      That the due date by which all such special assessments shall be paid in full is October 31st of the year in which it is billed, or,
9.      That such special assessments shall be collected in eight (8) equal installments, with interest thereon at five (5%) percent per annum, except those special assessments paid in full on or before October 31st of that year.
10.      That the Mayor and City Clerk are hereby authorized to accept dedication of lands and/or easements from the Developer/Owner for public improvements located outside of existing public fee title or easement right-of-ways.
11.  That the Mayor and City Clerk are hereby authorized to enter into agreements with the City of Monona for cost sharing of the project.  
 
INSTALLMENT ASSESSMENT NOTICE
 
Notice is hereby given that a contract has been (or is about to be) let for Monona Drive Reconstruction Assessment District - 2009 and that the amount of the special assessment therefore has been determined as to each parcel of real estate affected thereby and a statement of the same is on file with the City Clerk; it is proposed to collect the same in eight (8) installments, as provided for by Section 66.0715 of the Wisconsin Statutes, with interest thereon at 5% percent per annum; that all assessments will be collected in installments as above provided except such assessments on property where the owner of the same has paid the assessment to the City Treasurer on or before the next succeeding November 1st.  
 
NOTICE OF APPEAL RIGHTS
 
"Pursuant to Sec.4.09(14), Madison General Ordinances, as authorized by Sec. 66.0701(2), Wisconsin Statutes, any person against whose land a special assessment has been levied by this resolution has the right to appeal therefrom in the manner prescribed in Sec. 66.0703(12), Wisconsin Statutes, within forty (40) days of the day of the final determination of the Common Council, said date being the date of adoption of this resolution."
 
BE IT FURTHER RESOLVED:
 
The Monona Drive Reconstruction project requires the acquisition of land interests from a single property within the corporate limits of the City of Madison; and
 
The attached Plat of Right-of-Way identifies Parcel 54, which is the subject sole property within the corporate limits of the City of Madison; and
 
The City of Madison Real Estate Department has established Project No. 9081 - as a master file to administer any necessary land interest acquisitions by the City of Madison; and
 
The City of Madison, Dane County, Wisconsin, by its City Council and for its Relocation Order hereby resolves as follows:
 
1.      That this Resolution is a Relocation Order in accordance with Section 32.05(1) and 62.22, Wisconsin Statutes for the purpose of the within described public acquisition project and that this acquisition is determined to be necessity in accordance with Section 32.07(2), Wisconsin Statutes, and the acquisition shall allow for the Monona Drive Reconstruction Assessment District - 2009 - Engineering Project No. 53W0549;
 
2.      That the City of Madison Real Estate Section of the Community and Economic Development Unit and the City Attorney are hereby authorized to proceed by negotiation or condemnation under authority of Section 32 and 62.22 of the Wisconsin Statutes to acquire the real estate interests shown on said Relocation Order, and the Real Estate Section is further authorized to obtain title reports, appraisals, survey information, environmental site assessment reports, and any other essential material or reports as may be necessary to perform due diligence in accomplishing the acquisition;
 
3.      That the City of Madison Real Estate Section of the Community and Economic Development Unit is hereby authorized to execute the jurisdictional offer, lis pendens, and award of the compensation if condemnation proceedings under Section 32 of the Wisconsin Statutes are necessary;
 
4.      That the Mayor and City Clerk are authorized to sign all necessary documents necessary to accomplish the acquisition.