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HomeMy WebLinkAboutResolution 1992 (24) RESOLUTION APPROVING AGREEMENT WITH THE CITY OF HUDSON FOR CONSTRUCTION OF PUBLIC UTILITY IMPROVEMENTS; WAIVER OF SPECIAL ASSESSMENT HEARING AND AGREEMENT TO PAY FOR PUBLIC WORKS Resolution No. a &'a) St. Croix County, Wisconsin WHEREAS, the proposed agreement between the City of Hudson and St. Croix County contains recitals which explain the background for this resolution; and WHEREAS, the Finance Committee recommends approval of the agreement; THEREFORE BE IT RESOLVED by the St. Croix County Board of Supervisors that the AGREEMENT FOR THE CONSTRUCTION OF PUBLIC UTILITY IMPROVEMENTS; WAIVER OF SPECIAL ASSESSMENT HEARING AND AGREEMENT TO PAY FOR PUBLIC WORKS, signed by Mayor Thomas H. Redner and City Clerk Gerald Berning on May 7, 1992, is hereby approved; BE IT FURTHER RESOLVED that the Chair of the Board of Supervisors, Richard B. Peterson, and County Clerk Sue E. Nelson, execute the agreement on behalf of St. Croix County and enter the date of the 19th day of May, 1992 on the first page of the agreement. Dated this �.q ;'`' day of , 1992. Offered by: Finance Committee NEGATIVE AFFIRMATIVE Ar •,, lam► 1 llt i surE OF WlSCONSM COUNTY OF St CROIX 1. Sue E. Nikon, St. Oft County Clerk. DO HEREBY CERTFY ttlr rg is a truo and correct ow/ al adopted by Co County Board of Supkvikat at their meeting head 0 15, f See S. NMnq, SL Oak Camay CIES AGREEMENT FOR THE CONSTRUCTION OF PUBLIC UTILITY IMPROVEMENTS FOR THE ST. CROIX COUNTY GOVERNMENT CENTER; WAIVER OF SPECIAL ASSESSMENT HEARING AND AGREEMENT TO PAY FOR PUBLIC WORKS THIS AGREEMENT made and entered into this %q'day of May, 1992, by and between the City of Hudson, a Wisconsin Municipal Corporation, with its municipal offices located at 505 Third Street, Hudson, Wisconsin 54016, (hereinafter called "City ") and St. Croix County, a Wisconsin Municipal Corporation, with its present county offices located at 911 Fourth Street, Hudson, Wisconsin 54016 (hereinafter called "County "). The parties agree to the following recitals: RECITALS: 1. ANNEXATION. The City of Hudson on the 19th day of August, 1985 annexed to the City of Hudson, a tract of land located in the Southeast of Section 19, Township 29 North, Range 19 West, said parcel being approximately 99 acres. At the time of such annexation to the City of Hudson, the tract of land described above was undeveloped, without water, sanitary sewer, storm sewer or other municipal services. 2. OWNERSHIP. The parcel of land above described and annexed to the City of Hudson on August 19, 1985, by Ordinance No. 10 -85, is owned by the County, and was annexed at the request and petition for direct annexation filed by the County on August 5, 1985. The County plans construction of a new county jail and government- center on approximately 21 acres of said parcel, with the remaining 78 acres remaining undeveloped at this time. 3. LOCATION. The subject property is located northerly of County Trunk Highway "UU" and westerly of Carmichael Road extended north of said County Trunk Highway "UU ". 4. ENGINEER REPORT. Bonestroo, Rosene, Anderlik & Associates, Inc. is the consulting engineering firm under contract with the City (hereinafter referred to as "Bonestroo "). Bonestroo has prepared and filed with the City its report on municipal services to the St. Croix County Government Center, file number 97134. Bonestroo has prepared preliminary layouts of street, sanitary sewer, water mains and storm water facilities for the subject property with preliminary cost estimates. 5. LONG RANGE PLAN. The City of Hudson seeks to promote the health, safety and general welfare of the City by requiring an overall plan for the subject property and requiring the proper sizing and completion of various public utility improvements, thereby limiting any harmful effects of substandard development and inadequate public utilities for the project area and for the area surrounding the project which may in the future be annexed to the City. However, the long range plan for sewer service has not been scheduled for completion before the new county jail and government center are completed. Therefore, 1 A RESOLUTION SETTING GOAL OF 5.54 MILL RATE FOR 1993 BUDGET Resolution No. oR 3 (9) St. Croix County, Wisconsin WHEREAS, the Finance Committee recommends fiscally responsible management of the 1993 County budget process by maintaining a 5.54 mill rate, as it has been since 1989; and WHEREAS, all County departments are urged to accept the challenge of this goal in recognition of the taxpayers of St. Croix County; THEREFORE, BE IT RESOLVED by the St. Croix County Board of Supervisors that it sets as a goal for the 1993 County budget a 5.54 mill rate and encourages all County departments to assess their needs for 1993 in the same responsible and commendable manner they have for the last four years. Dated this 1 q . -- day of " , 1992. Offered by: Finance Committee NEGATIVE AFFIRMATIVE STATE OF WISCONSIN COUNTY OF ST. CROIX I, Sue E. Nelson, St Ca* County Clerk, DO HEREBY CERTIFY lhst the is a trua and correct Copy adopted by the County Board of Supensaa Si Ma meeting held m cut _ &is E. Nsbon, 8t Croix County Cbdt temporary sewer service is necessary. 6. CITY CODE. The City of Hudson further seeks to minimize the cost of development upon the taxpayers of the City of Hudson. Section 18.04 of the City of Hudson Municipal Code, provides that, among other things, that the developer shall pay the cost of construction of improvements required under the subdivision code of the City of Hudson, such improvements consisting of water, sanitary sewer, storm water sewer and street improvements. The City has an established written assessment policy, which includes provisions for the assessment and payment of oversized utilities, which benefit an area greater than that of the development. The Municipal Code of the City also requires that the developer shall, in appropriate circumstances, furnish the City with a surety performance bond or other form of security satisfactory to the City, securing performance on behalf of the developer. WHEREAS, the mutual promises, covenants and obligations contained in this agreement are authorized by the Wisconsin Statutes and by the City of Hudson Municipal Code; NOW, THEREFORE, the parties hereby agree as follows: I. STATEMENT OF PURPOSE This agreement is entered into for determining and describing the public works utility projects which are necessary to provide required public utility services to the St. Croix County Government Center site and to identify and provide for the utility projects which will be done by the City of Hudson. Project costs shall be determined according to the City of Hudson Public Works Assessment Policy. The cost estimates set forth herein are preliminary, and final costs shall be determined upon construction and shall be allocated in accordance with the City of Hudson Assessment Policy. II. DESCRIPTION OF BENEFITED PROPERTY The property owned by the County, and benefited by the utilities hereinafter described, is legally described as follows: (LEGAL DESCRIPTION SET FORTH ON EXHIBIT "A" ATTACHED HERETO) The parties stipulate and agree that the property described above is benefited property under Sec. 66.60 Wis. Stats. for the various public works improvement projects described hereunder, and that such projects are reasonable and necessary. 2 III. DESCRIPTION OF PUBLIC UTILITIES TO BE CONSTRUCTED The following public works are to be constructed by the City of Hudson: 1. Water Mains. Cost Estimates Water main improvements are set forth on Figure 4 -1 attached hereto. A 12 -inch trunk water main shall be extended from the intersection of County Trunk Highway "UU" and Grandview 'Drive easterly to the intersection of Carmichael Road extended and thence northerly along Carmichael Road to the northerly City limits, thence westerly to Grandview Drive $247,500.00 2. Sanitary Sewer Trunk. A sanitary sewer trunk, as set forth on Figure 2 -2 attached shall be extended from County Trunk "UU" to pt. 2 on said Figure 2 -2. } $93,000.00 3. Sanitary Sewer Lateral. An 8 -inch sanitary sewer lateral shall be extended from pt. 2 on Figure 2 -2 northeasterly to the southern edge of the Government Center and thence directly east to Carmichael Road extended. 4. Temporary Lift Station and Force Main. A temporary lift station shall be constructed at County Trunk "UU" as set forth on said Figure 2 -2, with a force main running westerly along County Trunk "UU" to connect into the sanitary sewer line at Wisconsin Street. the westerly portion of said line may be gravity flow. $136,000.00 5. Streets. Carmichael Road shall be extended northerly from County Trunk Highway "UU" to the north property line of the County property. This portion of Carmichael Road shall be constructed as a 2 -lane, rural type design. $145,500.00 3 6. Storm Water Improvements. Determination has not been completed regarding surface water flows on the Government site and failure of this agreement to include storm water costs shall not constitute a waiver of any such charges or assessments for improvements, including pipe, that may be determined by the parties in the future to be reasonable and necessary. All costs attributable to the County property site, based on the standard Assessment Policy, shall be paid by the County. IV. PRELIMINARY ALLOCATION OF COSTS The following is a preliminary allocation of costs for the above described public works between the County, the City and other benefited properties. This allocation is set forth for illustrative purposes and may be amended, modified or changed according to the City standard assessment policy, with such public hearings being held thereon as may be required by the Wisconsin Statutes. Improvement County City Others Deferred Total Water Main $128,600 12,124 21,436 85,634 $247,500 Sanitary Sewer Trunk and 46,500 46,500 $ 93,000 Lateral Temporary L.S. 122,400 13,600 $136,000 and Force Main Streets 72,750 26,374 20,460 24,916 $145,500 TOTALS $370,250 $98,598 $41,896 $110,550 $622,000 V. TEMPORARY LIFT STATION AND FORCE MAIN The City agrees to construct and install a temporary lift station and force main from the sanitary sewer trunk described in Section III, paragraph 2, westerly along county Trunk Highway "UU" and connect it to the sanitary sewer line at Wisconsin Street. The temporary lift station and force main is temporary in nature and its use shall be terminated and discontinued when the trunk sanitary sewer line described in Figure 2 -1 is constructed. The City shall be responsible for payment of all necessary maintenance costs associated with the temporary force main and lift station. The County will pay costs over and above the regular maintenance of the lift station. Completion date for the temporary lift station and force main will 4 J ` be determined by the parties within 60 days from date of this agreement. VI. CARMICHAEL ROAD RIGHT -OF -WAY The County shall offer to the City for dedication 60 feet of the right -of -way required for Carmichael Road. The City shall give the County credit for the fair market value of the right -of -way granted by the County in excess of 60 feet at the time of assessment. The County shall deliver a deed to the City pursuant to this projection. A proposed alignment of Carmichael Road extended north of County Trunk "UU" is attached hereto as Figure 5 -1. VII. COMMENCEMENT OF ENGINEERING WORK Upon execution of this agreement, the City engineering firm shall commence work on the specifications and design for the public works projects herein described. All such engineering costs and expenses shall be deemed to be part of the project costs in accordance with the City Special Assessment Policy. VIII. PAYMENT OF PROJECT COSTS BY COUNTY The County shall pay its share of project costs identified herein, estimated to be $370,250, without assessment or deferrment, and without public hearing, such public hearing thereon being specifically waived. Prior to the City entering into written contracts for the construction of the public works, and as required by Sec. 18.04(1)(b) of the Municipal Code of the City of Hudson, the County shall furnish to the City a surety performance bond or other form of surety satisfactory to the City in lan amount equivalent to 125% of estimated costs. In lieu of furnishing such surety bond or other surety, the County may pay the required sum in cash to the City. IX. TIMELY COMPLETION OF PUBLIC WORKS The City shall not be liable or responsible for any delay of construction or completion by circumstances not within its control, including labor strike, shortage or materials, or acts of God. X. PUBLIC UTILITY EASEMENTS The City shall furnish the public utility companies designated by the County such permits and temporary and permanent easements as may be required in the right -of -way outside of the roadway for the installation of lines, poles, facilities and equipment for gas, electric, telephone and other public utility services for the subject property, and their subsequent use, maintenance, repair and replacement thereof. XI. FUTURE UTILITIES AND ASSESSMENTS Nothing herein shall limit the right of the City of Hudson under applicable Wisconsin Statutes to publicly assess such further and other public works improvements as may be deemed necessary and reasonable in 5 the future, with such assessments and allocations of cost being determined according to the City of Hudson Special Assessment Policy. XII. SEVERABILITY If any part, term, or provision of this agreement is held by the courts to be illegal or otherwise unenforceable, sucy illegality or unenforceability will not affect the validity of any other part, term or provision and the rights of the parties will be construed as if the part, term or provision was never part of this agreement. 7 ID D Dated this day of May, 1992. CITY OF HUDSON ST. CROIX COUNTY BOARD OF SUPERVISORS v zi, / :42../ By: Thomas H. Redner, Mayor By: Richard B. Peterson, Chairman ATTEST: • ATTEST: Air 4)(1....C.A,41.--y■-• / C-L� Gr K 6