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File #: 28157    Version: 1 Name: Approving Plans, Specifications, And Schedule Of Assessments For CTH M & S (Mineral Point Road and Junction Road) Intercharnge Improvements Assessment District.
Type: Resolution Status: Passed
File created: 10/26/2012 In control: COMMON COUNCIL
On agenda: 11/27/2012 Final action: 11/27/2012
Enactment date: 11/28/2012 Enactment #: RES-12-00861
Title: Approving Schedule Of Assessments For the CTH M & S (Mineral Point Road and Junction Road) Interchange Improvements Assessment District.
Sponsors: BOARD OF PUBLIC WORKS
Attachments: 1. CTH M & S INTERCHG AFFD.pdf, 2. MS_1 0 Zones pdf.pdf, 3. mailing affidavit.pdf, 4. County_MandS_CommonCouncil_EstimatedSpecialAsseessments_111612.pdf, 5. City Parcels MERGE County 2 Assessable parcels xlsx_DJM2_CouncilMail_Use_for_report.pdf, 6. cc mailing affidavit.pdf, 7. 28157 Arndt-McCormick Comments.pdf, 8. 28157 Registrations.pdf, 9. adopted cc mailing leg 28157.pdf
Fiscal Note
Funds for this project were approved under a separate resolution (Legistar File No. 28156)
Title
Approving Schedule Of Assessments For the CTH M & S (Mineral Point Road and Junction Road) Interchange Improvements Assessment District.
Body
PREAMBLE
The City is proposing to improve Mineral Point Road (from Pleasant View Rd to the Beltline) and Junction Road/South Junction Road (from Isaac Dr to Valley View Rd).  The intersections of Mineral Point Road and South Junction Road will be reconstructed with a modified Jug Handle grade separated intersection.  Bicycle and pedestrian accommodations will be provided, including an overpass over Mineral Point Road and an underpass of the Jug Handle.  The design accommodates present and future growth demands of the area as defined in the City's neighborhood plans.  The City of Madison will be the lead agency for the project, which also involves Dane County.  The City applied for Federal Funding with the Surface Transportation Program - Urban and the project received approval for approximately 50% federal funding. The City also has applied for a federal earmark and in fiscal year of 2009 was awarded an earmark of $311,220.  
 
The project will be constructed under a contract let by the Wisconsin Department of Transportation (WisDOT) and a project Agreement with WisDOT will be required for funding, oversight and construction.  The proposed project is planned for construction in the year 2013-14.  Phase 1 of the project has occurred in 2012.  The approval of the project plans and specifications are under separate resolution, Legistar No. 28156.
 
In accordance with Madison General Ordinance 4.081, the assessment for parcel(s) parcels zoned or used for agriculture and in the City of Madison and the UW Research Park lots shall be deferred for 10 years with interest. Upon completion of the deferment period, payment shall be made with interest in 8 equal yearly installments. In the event of certain occurrences as outlined in Sec. 4.081(4), the assessments shall be paid in full prior to the end of the deferral period
 
The Board of Public Works and the City Engineer having made reports of all proceedings in relation to the improvement of the CTH M & S (Mineral Point Road and Junction Road) Interchange Improvements Assessment District  pursuant to a resolution of the Common Council, Res-12-00757, ID No. 27674, adopted 10/02/2012, which resolution was adopted 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
     $6,440,000 of the entire cost of said improvement.  
3.   That the sum assigned to each separate parcel, as indicated on the attached schedule of assessment, is hereby specially assessed upon each such parcel.  
4.   That the Common Council determines such special assessments to be reasonable.  
5.   That the work or improvement be carried out in accordance with the reports as finally approved.
6.   That such work or improvement represents an exercise of the police power of the City of Madison.
7.   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.
8.   That the Board of Public Works be and is hereby authorized to advertise for and receive bids for the said improvements.
9.   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,
10. That such special assessments shall be collected in eight (8) equal installments, with interest thereon at 3.0 percent per annum, except those special assessments paid in full on or before October 31st of that year or that certain parcels that are eligible under Madison General Ordinance 4.081 shall be deferred for 10 years with interest. Upon completion of the deferment period, payment shall be made with interest in 8 equal yearly installments. In the event of certain occurrences as outlined in Sec. 4.081(4), the assessments shall be paid in full prior to the end of the deferral period.
11.      That properties being assessed that are located in the Town of Middleton shall have their assessments deferred, and interest shall not accrue, until the parcel is attached to the City.  However, the amount of each special assessment shall be adjusted from the date of the levy to the date of the attachment as set forth in the Final City of Madison and Town of Middleton Cooperative Plan dated September 29, 2003.  Upon attachment, each special assessment shall be payable in six annual installments with interest, from the date of attachment.
 
 
 
INSTALLMENT ASSESSMENT NOTICE
 
Notice is hereby given that a contract has been (or is about to be) let for CTH M & S (Mineral Point Road and Junction Road) Interchange Improvements Assessment District 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 3.0 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."