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File #: 05314    Version: 1 Name: Approving plans, specifications, and schedule of assessments for State Street & Adjacent Streets Reconstruction Assessment District (2007 Construction)
Type: Resolution Status: Passed
File created: 12/27/2006 In control: BOARD OF PUBLIC WORKS
On agenda: 1/16/2007 Final action: 1/16/2007
Enactment date: 1/18/2007 Enactment #: RES-07-00106
Title: Approving plans, specifications, and schedule of assessments for State Street & Adjacent Streets Reconstruction Assessment District (2007 Construction), Authorizing the Mayor and City Clerk to enter into an agreement with the State of Wisconsin Department of Transportation for construction cost sharing and Authorizing indemnification of the State of Wisconsin Department of Transportation from liability associated with the use of federal funds. (4th AD)
Sponsors: Common Council By Request
Attachments: 1. STATE ST AFF.pdf, 2. Fiscal Note - Leg File 05314.pdf, 3. 53W0123_ State Street 500&600revised.pdf, 4. 0116_State St Assessment 2007_CC.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsWatch
1/16/20071 COMMON COUNCIL Adopt and Close the Public HearingPass Action details Meeting details Not available
1/4/20071 Engineering Division Fiscal Note Required / Approval  Action details Meeting details Not available
1/4/20071 Finance Dept/Approval Group Approved Fiscal Note By The Comptroller's Office  Action details Meeting details Not available
1/3/20071 BOARD OF PUBLIC WORKS RECOMMEND TO COUNCIL TO ADOPT - PUBLIC HEARINGPass Action details Meeting details Not available
Fiscal Note
Estimate Cost shown on the attached (Fiscal Note - Leg File 05314)
Title
Approving plans, specifications, and schedule of assessments for State Street & Adjacent Streets Reconstruction Assessment District (2007 Construction), Authorizing the Mayor and City Clerk to enter into an agreement with the State of Wisconsin Department of Transportation for construction cost sharing and Authorizing indemnification of the State of Wisconsin Department of Transportation from liability associated with the use of federal funds.  (4th AD)
Body
The Board of Public Works and the City Engineer having made reports of all proceedings in relation to the improvement of State Street & Adjacent Streets Reconstruction Assessment District pursuant to a resolution of the Common Council, Resolution No. 61150, ID No. 35319 adopted 1/20/04, 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.
 
The agreement with the State of Wisconsin Department of Transportation for construction cost sharing defines the terms under which the City is awarded Federal funds and the agreement requires that the City indemnify the State of Wisconsin Department of Transportation.  City APM 1-1 requires Common Council approval whenever the City indemnifies another party.
 
BE IT RESOLVED:
1.      That the City at large is justly chargeable with and shall pay the sum of $5,143,918 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 the Mayor and City Clerk are hereby authorized to enter into agreements with the Wisconsin Department of Transportation for construction cost sharing.
8.      That the Common Council approves indemnification of the State of Wisconsin Department of Transportation as set forth in the agreement in order to use federal funds for construction.
9.      That the City of Madison is hereby authorized to accept any Easements needed for the project.
10.      That the due date by which all such special assessments shall be paid in full is October 31, 2007 or,
11.      That such special assessments shall be collected in fifteen  (15) equal installments, with interest thereon at six (6%) percent per annum, except those special assessments paid in full on or before October 31, 2007.
INSTALLMENT ASSESSMENT NOTICE
 
Notice is hereby given that a contract has been (or is about to be) let for State Street & Adjacent Streets Reconstruction Assessment District (2007 Construction) 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 fifteen (15) installments, as provided for by Section 66.0715 of the Wisconsin Statutes, with interest thereon at 6% 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 shall file with 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."