CCR1990109r
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #109-90
FINAL RESOLUTION AUTHORIZING INSTALLATION
OF WATER IMPROVEMENTS AND LEVYING SPECIAL
ASSESSMENTS AGAINST BENEFITED PROPERTY
(Park/Lake Drives L Richards Lane Water Project)
(MW-9-90)
WHEREAS, the Common Council of the City of Muskego, Wisconsin,
held a public hearing at the City Hall at 7:15 p.m. on the 10th
day of April, 1990, for the purpose of hearing all interested
persons concerning preliminary resolution and report of the City
Engineer on the proposed water improvement within the area described and shown on the attached map and heard all persons who
desired to speak at the hearing:
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of Muskego as follows:
1. That the report of the City Engineer and any amendments or
modifications thereto pertaining to the construction of the
above-described public improvements, including plans and
specifications therefor is adopted and approved.
2. That the City of Muskego has or shall advertise for bids and
shall carry out the improvements in accordance with the report
and any amendments or modifications thereto of the City
Engineer.
3. That payment for the improvements to be made by assessing the
cost to the property benefited as indicated in the report and
any amendments or modifications thereto;
4. That assessments shown on the report and any amendments or
modifications thereto representing an exercise of the police
hereby confirmed.
power have been determined on a reasonable basis and are
5. That the assessments may be paid in cash in full on or before
November 1, 1990, or in ten (10) annual installments to the
City Treasurer, installment payments to bear interest at the
November 1, 1990 and said first installment being due on the
rate of 8% per annum on the unpaid balance commencing on
date when real estate taxes are due and annually thereafter.
All assessments or installments which are not paid by the date
specified shall be extended upon the tax roll as a delinquent
tax against the property and all proceedings in relation to
the collection, return and sale of property for delinquent
real estate taxes shall apply to such special assessment,
except as otherwise provided by statute.
- ' Resolution //109-90
Page 2
6. That certain of the properties which are assessed by this
resolution, more specifically Tax Key 12193.032.001 Krogmans
based upon the policy of the City established by Resolution
1st Addition Lot Owners, shall have said assessments deferred
amended, and Resolution #186-89, which is hereby made a part
1/175-86, as amended, Resolution 1/266-86, Resolution 1/68-89, as
of this resolution, as this is a lot owned by Krogmans 1st
Addition Lot Owners for lake access purposes. The property to
which this deferred assessment policy applies is that referred
to on the assessment roll as being entitled to a deferred
assessment. Pursuant to Section 5.5 of said policy, deferred
assessments and installment payments shall be as follows:
A. The properties which are subject to this assessment
shall be eligible for a deferred assessment on the
following terms and conditions:
(1) Payment of the entire cost of the lateral on or before
resolution or in two annual installments with interest
the first November 1st after the final assessment
at 8% per annum on the unpaid balance commencing on the
first November 1st after the final assessment resolution
when real estate taxes are due and annually thereafter
and said first installment being due on the first date
except those properties under Subsection (3)(c) of this
resolution dealing with deferrals, which shall pay the
entire assessment as stated in (3) (c).
(2) The assessment (other than lateral charge or the entire
assessment for [3][c] property) shall be deferred until
the occurrence of the first qf the following events:
(a) Election by an owner of the property affected to
commence payment of the assessment which must be
after water is available or is deemed waived.
made in writing on or before the first November 1st
(b) Sale of any interest in the property.
(c) Upon issuance of a building permit for major
which is an expansion costing a total of 25,000.00
expansion of commercial or industrial pro erty
or more. $
(d) As to unimproved property, upon issuance of a
being improved.
building permit as to that portion of the property
.,
' Resolution #109-90
Page 3
(e) On connection of the property to the water system
on or before the first November 1st after water is
available to the property.
(f) On connection of the property to the water system
after the first November 1st after water is
available to the property, but only if connection
requiring connection under the present City
is voluntarily made, made for a reason now
ordinance or connection made because of a future
governmental requirement other than a requirement
imposed solely at the discretion of the City of
Muskego.
(3) Upon the occurrence of the first of the above events
referred to in Subsection (2) above, the assessments
shall be paid as follows:
As to occurrence (d), prior to issuance of building
permit.
As to occurrence (b), upon sale.
As to occurrence (a) or (e), on the first November
1st after said occurrence or in ten (10) annual
unpaid balance commencing on the first November 1st
installments with interest at 8% per annum on the
after the final assessment resolution and said
first installment being due on the first date when
real estate taxes are due and annually thereafter.
As to occurrence (c) or (f), on the first November
1st after the occurrence or in ten (10) annual
installments with interest at 8% per annum on the
unpaid balance commencing on the first November 1st
after connection and said first installment being
due and annually thereafter.
due on the first date when real estate taxes are
(4) That there shall be interest charged on all deferred
balance from the first November 1st after the final
assessments at the rate of 8% per annum on the unpaid
assessment resolution. This shall be the initial rate
for the first five (5) years and shall continue to be
review the interest rate after five years and may make
the interest rate until paid except that the City shall
adjustments in said rate at any time after the initial
five years.
. Page 4
Resolution 11109-90
(5) In any event, all assessments or installments which are
’ a. -r
not paid by the date specified above shall be extended
upon the tax roll as a delinquent tax against the
property and all proceeds in relation to the connection,
return and sale of property for delinquent real estate
taxes shall apply to such special assessment, except as
otherwise provided by statute.
6. That the City Clerk shall publish this resolution as a Class 1
Notice in the assessment district and mail a copy of this
resolution and a statement of the final assessment against the
benefited property to every property owner whose name appears
on the assessment roll whose post office address is known or
can with reasonable diligence be ascertained.
BE IT FURTHER RESOLVED that this Final Resolution is contingent
upon obtaining the necessary easement from Jeanne Babe Struck and
awarding of the bid.
DATED THIS 8 th DAY OF May , 1990.
,. CITY OF MUSKEG0
A
J6Jn K. Marenda, City Clerk
5/90
jz
..
February 7, 199P nay 8, 1990 Revised
Lake and Park Drive Watermain Project flW-9-90 Assessment District-WH
All that part of the Northeast one-quarter and the Southeast one-quarter of Section 9, Town 5 North, Range 20 East, City
of Muekego, Waukesha County, Wisconsin bounded and described
as follows:
All those properties that abut the following described
Northwest of the intersection of centerlines of Janesville
centerline of Park Drive; commencing at a point 360.41 feet
Road and Park Drive; thence northwesterly along said
centerline of Park Drive to the intersection of centerlines of Park Drive and Lake Drive being the point of termination, together with!
All those properties that abut the following described
centerline of Lake Drive; commencing at the intersection Of
centerlines of Lannon Drive and Lake Drive; thence southwesterly along. said centerline of Lake Drive to the point Of termination in the East line of a property
described as Tax Key No. 2193.975, together with:
All those properties that abut the following described centerline of Lake Drive; commencing at the intersection of
parcel described as Tax Key No. 2193.975; thence,
the centerline of Lake Drive and the west property line of a
Southwesterly along said centerline of Lake Drive 571.67 feet more or less to a point of intersection of the East
property line of Bay Breeze Subdivision, together with:
All those properties that abut the following described centerline of Richards Lane; commencing at the intersection
Westerly along said centerline to the point of intersection of Lake Drive and Richards Lane; thence Southerly and
of Richards Lane and michi Drive, with said intersection
being the point of termination, except those parcels with
with: the Tax Key Nos. 2193.046, 2193.047 and 2193.049, together
All those properties that abut the following described
Michi Drive and Lake Drive; thence Southeasterly along said
centerline of Michi Drive; commencing at the intersection of
centerline to the point of intersection with Richards Lane, said point being the point of termination.
Kenneth R. Ward
PRELIMINARY REPORT OF THE ENGINEER
ON THE WATERMAIN IMPROVEMENTS
IN THE CITY OF MUSKEG0
PROJECT MW-9-90
LAKE DRIVE AND PARK DRIVE WATERMAIN
In accordance with the Resolution of the City of Muskego, we herewith
submit our report on the assessments for the watermain improvements
made in the City of Muskego. All of the data shown is based on
project cost.
This report consists of the following schedules:
Schedule "A" - Summary of assessments and estimate of entire cost
of the improvements.
Schedule "B" - Estimate of assessment of each parcel of property
affected.
Schedule "C" - Final Plans and Specifications
I against which assessment are proposed are
improvements constitutes an exercise of Police benefitted and the
Powers.
The properties
RUEKERT & MIELKE, INC.
Consulting Engineers
w239 N1812 Rockwood Drive
waukesha, WI 53188-1113
March 15, 1990
Revised March 23, 1990
Revised May 8, 1990
TOTAL ESTIMATED PROJECT COSTS 3 Estimated Cost of Project:
Lake and Park Drive Watermain Extension MW-9-90
20% Admin., Engr., & Contingencies
Total Estimated Project Costs
TOTAL ASSESSABLE PROJECT COSTS
Frontage Assessment Costs
Total Assessable Residential Frontage, MW-9-90
Residential Front Foot Assessment Rate
Residential Assessable Costs, MW-9-90
$15.93 X 4,029.10 =
Water Lateral Cost Computation
1" Water Service
Total costs of 1" water services are shown below:
Existing Residences
1" tap and corporation stop, 50 each @ $40.00/each 0 1" curb box and corporation stop, 50 ea. @ $45.00/each
1" water service, 870 L.F. @ $18.OO/L.F.
Subtotal
Admin., Engr., & Contingencies
Total
$157,289.25
31,457.85
$188,747.10
4,029.10
$15.93
$64,183.56
$2,000.00
15,660.00
2,250.00
$19,910.00
3,549.50
$23,459.50
Total number of 1" water service connections = 50
1" Service Connection Cost Computation =
$23,459.50/50 = $469.19
Use $469.19 for each existing residential 1" water service
Total Project Assessable Costs
Total frontage assessable costs
Total 1" water service assessable costs
Total assessable costs
Total project costs
Total non-assessable (Water Utility) costs
$ 64,183.56
23,459.50
$ 87,643.06
$188,747.10
$101,104.04
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STATE OF WISCONSIN )
) ss.
Milwaukee County
(SEAL)
Judith Zhlkowski being duly sworn,
doth depose and say that he is an authorized representative of
The ... Muskego.Sun .........................
a newspaper published at ... Mukeg o ...............
Wisconsin and that an advertisement of which the annexed is a
true copy, taken from said paper, was published therein on
...........................
................. . 'W?l 17 \sSu''...' ...........................
...........................
...........................
(Signed)
BOOKKEEPER,
Subscribed and sworn to before me this ... .I. x. ... day -&
MY Commission expirw ....... .APRIL 3 1. .. 19 -93 ..
OffiGial Motice CrrkOFMUBKEGO
COMMON COUNCIL -
CITY OF MUSKEG0
RESOLUTION X109-90 'NAL,,RESOLUTION AUTHORIZING ISTALIATION OF WATER WROVE-
ENTS AND LEVYING SPECIAL
3SESShfENTS AGAINST J3ENEFITF.D tOPERTY (Parluhke Drives & Riehards
me Water Project)
(Mw-9. m.90) WHEREAS, the Common Council of the
ty of Muekego. Wisconsin, held a public
srinn at the Citv Hall at 7:15 n.m. on the ~~s ~~~ ih day of April; 1990, for the'pum of
ming all interested persona mncerning
diminmy resolution and report of the City
ogineer on the propoeed water irnprove-
ent within the area debbed and shown
I the attached map and heard all persons
ho desired to speak at the hearing:
NOW, THEREFORE. BE IT RESOLVED
I the Common Council of the City of
uelrego as follows:
>y amendments or modifications thereto
1. That the report ofthe City Engineer and
!rtaining to the mnstruction of the above-
-bed public improvements. including
and specifications therefor is adopted
Id approved.
Ivertise for bids and shall eay out the
2. That the City of Muskego has or shd
aprovementa in aemrdanee with the port
rd any amendments or modification8
lereto of the City Engineer.
3. That payment for the improvements to
! made by assessing the mat to the
'operty benefited as indicated in the report
Id any amendments or modifications
#ereto;
and any amendments or modifications
4. That ssssesments shown on the report
thereto repreaanting an erereise of the police
power have been determined on a reason-
able basis and are hereby confirmed.
6. That the aenessmenta may be paid in
eaah in full on or before November 1.1990. or
Treasurer, installment paymenta to bear
in ten (10) annual installments to the City
interest at the rete of856 per annum om the
unpaid balance commencing on November 1.
1990 and said first installment being due on
the date when real eatate taxes are due and annually thereafter. AI1 BBossments 01
installments which are not paid by the date
specified shall b extended upon the tax roll
as a delinquent trr against the property and
all ploeeedinga in relation to the mllection.
return and sale of property for delinquent
real eatate taxes shall apply to such Special
assepment. except as othersvise provide4 by _"".....
assessed by this resolution, mom specifically
6. That certain of the pro*rties whch are
Tax Key #2193.032.00& Krogmans 1st
Addition Lot O&nere, shall have said
BBBesnments deferred bed upon the policy
of the City established by Resolution
#175-86, am amended, Resolution
X266-86. Resolution X68-89, am
amended, and Remlution +18689, which
is hereby made a part of this resolution, as
thin is a lot owned by Kmgmans let Addition
Lot hers for lake access purposes. The
policy applies is that mferred to on the
property to which this deferred assessment
assessment roll as being entitled to a
deferred assessment. Pursuant to Section
5.5 of said policy, deferred assessments and
installment payments shall be as follows:
A. The properties which are subject to this
assessment shall be eligible for a deferred
assesament on the following terns and
conditions:
(1)Paymentoftheentirecostofthelateral
on or before the first November 1st after the
final assessment resolution or in two annual
on the unpaid balance commencing on the
installments with intareat at 8% per annum
first .November 1st after the final -.s-
being due on the first date when d eatate
ment resolution and said first installment
thoee propertien under Subsection (3Xe) of
taxen are due and annually the& except
this resolution dealing with dote- which
shall pay the entire aaaesnment am &tPd in
(3XC).
(2) The ezassment (other than lareral
charge or the entire assessment for [31[cl
property) ahall be defemd until tho OONT-
rence of the ht of the following events:
(a) Election by am owner of the property
affected to commence payment of the
on or before the rvst Novamber 1st after
assessment which must be made in writing
water is available or ie deemed waived.
(b) Sale of any interest in the property.
(e) Upon is~ume of a building permit for
major expansion of mmmemial or indwtrial
total of 626.000.00 or more.
property which is an expansion ding a
(d) AB to unimproved property, upon
issuance of a building permit as to that
portion of the property, being improved.
(e) On mnnection of the property to the
water system on or before the first Novem-
ber 1st after water is available to the
(0 On connection of the property to the
water system after the first November 1st
after water is available to the property, but
only if mnnection is voluntarily made, made
for a mmn now requiring connection under
the present City ordinance or COM&iOn
made bemuse of a future governmental
.imrnd'&m d*.-t,hb di&it,i bil~iercitvof requirement other than a re uiremept
property.
MuStegO.
(31 Upon the OeCYrrence of the first of the
above events refed to in Subsection (2)
above. the hnte shall be paid
follom:
of building permit.
(a) As to occurrence (d), prior to iaeuance
(b) As to nccumance (b). upon sale.
(e) Aa to mcwance (a) or (e). on the first
November 1st after said occurrence or in ten
(10) annual inntallrnenta with intereat at 8%
per annum on the unpaid balanm commenc-
ing on the first November 1st &r the final
asnessment resolution and said first install-
estate taxes are due and annually thereaf-
ment being due on the first date when real
ter.
November 1st after the occurrence or in ten
(dl As to arlvrence (c) or (0, on the first
(10) annual installments with intereat at 8%
per annum on the unpaid balance mmrnenc-
ing on the first November 1st after collection
first date when real estate taxes are due and
and said firat installment being due on the
annually thereafter.
all deferred asseynewt the rate of 8%
(4) That there shall be interest charged on
per annum on the unpaid balance from the
firat November 1st after the tid mss-
ment resolution. shall be the initial rate
to be the'interest'rate until paid except that
for the fi<rst five (5) years and shall mntinus
the City shall review the interest rate &r
five years and ny m+ adjustments in
years.
said rate at any time after the initial five
(5) In any event, all assessments or
installmenta which are not paid by the date
specified above shall be extended upon the
tax roll an a delinquent tax against the
property and all pd in reletion to the
connection. and return and de of property
for delinquent real eatate taxes shall apply
to such special assessment, except as
otherwise provided by the statute.
resolution as a Class 1 notice in the
6. That the City Clerk shall publish this
assensment district and mail a mpy of this
assessment against the benefited property
resolution and a statement of the final
to every property owner whose name
appears on the aaaessment roll whose post
office address in known or cam with reamn-
able diligence be ascertained.
BE IT FURTHER RESOLVED that this Final Resolution is eontingent upon obtain-
ing the necesary easement from Jeanne
Babe Struck and awarding of the bid. DATED THIS 8tb DAY OF May, 1990.
CITY OF MUSKEGO WAYNE G. SALE=. MAYOR
Jean K Marenda. City Clerk
ATEST
5190
iz Lahe and Park Drive Watemnain Project
Aeseeament District WH
All that pnrt of the Northeset onaquartsr
and the Shuthe& onequarter of Section 9,
Town 5 North. Range 20 East. City of
Muekego. Waukesha County, Wincornin
bounded and described as follow:
All th- pmpertien that abut the follow-
mmmencing at a point 360.47 Feet North-
ing denmibed centerline of Park Drive;
JanesviUe Roed and Park Drive; thenm
west of the interseetion of centerlines of
Drive to the interemtion of mnterlipes of
northwesterly along said centerline of Park
of termination, together with:
Park Drive and Lahe Drive being the point
All the propertien that abut the follow-
commencing at the intemection of center-
ing described centerline of hke Drive:
lines of hon Drive and hke Drive;
thence southwesterly along aaid canterline
of lake Drive to the point of termination in the East line of a pmperty dedbed as Tar
Key No. 2193.976, together with:
ing dehbed centerline of Lake Drive.
All the properties that abut the follow-
commencing at the intersection of the
centerline of Lake Drive and the West
property line 0f.a parcel deacribd as Tax KG+' No. 2193.975. thence. Sbuthwesterly
Mw-9-90
along said centerline of lake Drive 571.67
fe& mom 01 less to a point of interssction of
the E& property line of Bay €Ire=
Subdivision Mer with:
All those 'pmbrties that abut the follow-
wmmeneing at the intemection of Lae ing described centerline of Richarde he:
Drive and Richards he: thenm Southerly .
and Westerly alone luid mterline to the
point of intersgtion of Richarde Lane and
Michi Drive, with said intRsection beii the
with the Tar Key Nos. 2193.016.219a.017
point of temimtion, exapt those puoels
and 2193.049. tngether witk
All those properti= that abut the follow-
ing described centerline of Michi Drive; '?
commencing at the inmn of Mchi
Drive and lake Drive; thence Snutheaaterly
tion with Richards Lane, said point beii
along said centerline 0 the pint of in--
the point of termination.
INSTALLMENT ASSESSMENT NOTICE ASSESSMENT DISllUCI' W - comm m-9-90 NOTICE is hersby given that mntmcts I
have been let for Aaeeeement Dbtrid W
LANE WATER "34 comtmction project. !
and that the amount of the special assess ; 1
ment thedore haa been determined as to 5
each pareel of real eateti &ected thereby
and a statement of the same is on fie with
the City Clerk; it is pmpoaed to mU& that
same in ten (10) installments, 88 provided by
Section 66.54 of the Whnsin Statutes, i
vith interest thereon at eight percent (8%)
per year; that all assessments will be I
mllect8d in installments 88 above provided !
except such assessments on pmperty where '
the owner of the .same shall file with the City :
Clerk within 30 days fmm date of this nutice ;
i
for the PARWLAKE DRIVES B RICHARDS
a written notice that he el& to pay the special assessmenbon his pmperty, desaib-
ing,,.he eame. to the City Tmamrer son or
before .November 1,~-!?90. If aRer making
such elgtion said pmw ower,faile to
m& th? payment to the City W-. the
City Clerk 'ahall plam the entire ennenmnent
on the next sueeseding tar roll.
Dated thin 8th day. of hky, 1990. CITY OF MUSKEGO
Jean K Marenda
City Clerk ~-