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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 .. ~ " 0 0 .- : .- .. e 0 Y ._ _. 8 a 0 0 . .. .- 0 0 0 0 .. . I ! 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 ~-