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CCR1990204., . l , COMMON COUNCIL - CITY OF MUSKEGO KESOLUTION #204-90 I FINAL KES~LUTIUN AU~HQKIZING INSTALLATION OF WATEK IMPROVEMENTS AND LEVYING SPECIAL ASSESSMENTS AGAlNST BENEFITED PROPERTY ' (Racine Avenue/Gemini North Water Project) (MW-10-90) I 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 28th day of August, 1990, for the purpose of hearing all interested persons concerning the preliminary resolution and report of the City Engineer on the proposed water improvements within the area described below and shown on the attached map and heard all persons who desired to speak at the hearing: All that part of the Southeast one-quarter of Section 8 and the Nor:hwest one-quarter of Section 16, Town 5 North, Kange and described as follows: 19 East, City of Muskego, Waukesha County, Wisconsin, bounded All those parcels that abut the right-of-way line of Racine Avenue commencing at the intersection of Gemini Drive; thence Northwesterly along Racine Avenue to Lions Park Drive 2191.998; 2191.998.007; 2192.980; 2192.988; 2222.984.002; and including only those properties known as Tax Key Numbers: 2222.984. All other parcels that abut the above described right-of-way of Kacine Avenue are excluded from the Assessment Districtl. I NOW, THEKEFOKE, BE IT RESOLVED by the Common Council of the City of Muskego m as follows: 1 . That thi report of the City Engineer and any amendments or modifications thereto pertaining to the above-described public improvements, including plans and specifications therefore 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 paiment for the improvements be made by assessing the cost to lthe 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 power, have been determined on a reasonable basis and are hereby confirmed. ” I i 0 Resolution ~/)204-90 Page 2 I 5. That Redolution a175-86, as amended, Resolution //266-86, Resolut(on #68-89, as amended, and Resolution #186-89 established an assessment policy for construction of water mains for the City of Muskego, which is hereby made a part of this Resolution. Pursuant to Section 5.5 of said policy, deferred assessments and installment payments shall be as followsi A. Tha! properties which are subject to this assessment shall be eligible for a deferred assessment on the following terms and conditions : I 0 0 before the first November 1st after the final Payment of the entire cost of the laterial on or assessment Resolution or in two annual installments with interest at 8.0% per annum on the unpaid balance commencing on the first November 1 st after the final assessment Resolution and said first installment being due on the first date when real estate taxes are due and annually thereafter except those properties under Subsection (3)(c) of this Resolution dealing with deferrals, which shall pay the entire assessment as stated in (3) (c). The assessment (other than lateral charge or the entire assessment for [3][c] property) shall be deferred until the occurrence of the first of the following events: (a) Election by an owner of the property affected to made in writing on or before the first November commence payment of the assessment which must be 1st after water is available or is deemed waived. ~ (b) Sale of any interest in the property. I (c) Upon issuance of a building permit for major which is an expansion costing a total of expansion of commercial or industrial property $25,000.00 or more. (d) As to unimproved property, upon issuance of a building permit as to that portion of the property being improved. (e) On connection of the property to the water water is available to the property. system on or before the first November 1st after Resolution ,!/204-90 Page 3 I 0 (f) On connection of the property to the water system after the first November 1st after water connection is voluntarily made, made for a is available to the property, but only if present City ordinance or connection made reason now requiring connection under the because of a future governmental requirement other than a requirement imposed solely at the discretion of the City of Muskego. Upon the occurrence of the first of the above events referred to in Subsection (2) above, the assessments shall be paid as follows: 1 (a) As to occurrence (d), prior to issuance of ~ (b) As to occurrence (b), upon sale. I building permit. (c) As to occurrence (a) or (e), on the first November 1st after said occurrence or in ten (10) annual installments with interest at 8.0% per annum on the unpaid balance commencing on assessment Resolution and said first installment the first November 1st after the final being due on the first date when real estate taxes are due and annually thereafter. (d) As to occurrence (c) or (f), on the first November 1st after the occurrence or in ten (1U) annual installments with interest at 8.0% per annum on the unpaid balance commencing on the first November 1st after connection and said first installment being due on the first date when real estate taxes are due and annually thereafter. That there shall be interest charged on all deferred assessments at the rate of 8.0% per annum on the unpaid balance from the first November 1 st after the final assessment Resolution. This shall be the initial rate for the first five (5) years and shall continue to be the interest rate until paid except five years and may make adjustments in said rate at that the City shall review the interest rate after any time after the initial five years. Resolution Page 4 (5) ‘I #204-90 In any event, all assessments or installments which are not paid by the date specified above shall be extended upon the tax roll as a delinquent tax 1 against the property and all proceeds in relation to 1 the connection, return and sale of property for I 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. DATED THIS ,_2P+h DAY OF AUQ t , 1990. i CITY OF MUSKEGO I WAYNE G. SALENTINE, Mayor I ATTEST : I City Clerk ~ 8/90 jz i PUBLISHED THE 6th DAY UF September , 1YYU. I U INSTALLMENT ASSESSMENT NOTICE ' ASSESSMENT DISTKICT WI - CONTKACT MW-10-90 NOTICE is hereby given that contracts have been let for assessment^ District iJ1 for the KACZNE AVENUE/GEMINI NORTH WATER MAIN const,ruction project, and that the amount of the special assessment^ threfore has been determined as to each parcel of real with the City Clerk; it is proposed to collect some of said estate aff~ected thereby and a statement of the same is on file assessmentls as determined specifically by Resolution #204-90 in installmen,ts as further described in Resolution #204-90 as provided bp Section 66.54 of the Wisconsin Statutes, with assessment's eligible for installments will be collected in interest thereon at eight percent (8.0%) per year; that all installmen'ts as above provided except such assessments on property where the owner of the same shall file with the City Clerk a wrlitten notice that he elects to pay the special Treasurer on or before November 1, 1990, or November 1st of a assessmenti on his property, describing the same, to the City later year^ as determined by Resolution #204-90. If after making such e1ect;ion said property owner fails to make the payment to the City Treaurer, the City Clerk shall place the entire assessment^ on the next succeeding tax roll. I DATED THIS^ 28th DAY OF Augu s t e , 1990. ! CITY OF MUSKEGO Jean K. Marenda, CMC City Clerk FINAL REPORT OF THE ENGINEER ON THE WATERRAIN IMPROVEMENTS IN THE CITY OF MUSKEGO PROJECT MW-10-90 RACINE AVENUE WATERMAIN ~ I 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 Xuskego. All of the data shown is based on project coat; 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 I affected. I Scheduli 0 benefitted ai The pro/ Powers. I ~ ~ IlC" - Final Plans and Specifications prties against which assessment are proposed are Id the improvements constitutes an exercise of Police RUEKERT & HIELRE, INC. W239 N1812 Rockwood Drive Consulting Engineers Waukesha, WI 53188-1113 AUgUSt 28, 1990 TOTAL ESTIM~TED PROJECT COSTS Estimated Cast of Project: 3acine Avenue Watermain Extension MW-10-90 20% Adrnin., Engr., h Contingencies Total Estfmaited Project Costs TOTAL ASSESShBLE PROJECT COSTS Frontage Ass'essment Costs Residential ;Front Foot Assessment Rate Total Assessable Residential Frontage, MW-10-90 Residential 'Assessable Costs, mw-10-90 $15.93 X 72S.00 - Total Assessable Commercial Frontage, HW-10-90 Commercial FlKOnt Foot Assessment Rate I Commercial dssessable Costs, MW-10-90 $18.21 X $3,1129.70 - ! $202,920.00 40~5a4.00 $243,504.00 725.00 $15.93 $11,549.25 $3,129.70 $18.21 $56,991.84 Water Laterall Cost Computation 1" Water Serfvice Total costs !of 1" water services are shown below: Existing Residences 1" tap and c,orporation stop, 3 each Q $45.0O/each $135.00 1" curb box land corporation stop, 3 ea. @ $55.00/each 165.00 1" water ser,vice, 98.2 L.F. @ $14.00/L.F. 1,375.00 I i Subtotal Adrnin.,l Engr., 6 Contingencies Total ' $1,675.00 335.00 $2,010.00 Total number of 1" watet service connections - 3 1" Ser4icc Connection Cost Computation - $2,010.0/3 - $670.00 Use $6710.00 for each existing residential 1" water service Total Project Assessable Costs Total frontage assessable costs Total 1" watec service assessable costs Total assessable costs Total project costs Total non-assessable (Water Utility) Costs ! S 48,819.66 670.00 s 49,489.66 $243,504.00 $194,014.34 0 '0 a -. 4 - "- I I I: : .. .. 1. : .... . . .w . . .e . . .o. I . Official Notice RESOLUTION #204-90 MENTS AND LEWING SPECIAL INSTALLATION OF WATER IMTROVE. PROPERTY ASSESSMENTS AGAINST BENEFITED COMMON COUNCIL 1 FINAL RESOLUTION AUTHO~IZING (Racine AvenueIGemini , North Water Project) WHEREAS. the Common Council of the (Mw-lO-9Oi City Of Muskego, Wisconsin, held a public 28th day of August, 1990. for the purpose of hearing at the City Hall at 7:15 p.m; on the hearing a11 interested persons concerning the preliminary resolution and report of the City Engineer on the proposedl water improvements within the area described heard all persons who desired to speak at below and shown on the attached map and the hearing. All that part of the Southeast onequarter of Section 8 and the Northwest one-quarter of Section 16, Town 5 North, Range 19 East, City of Muskego. Waukesha County, Wis. consin. tiounded and descnbed as follows: way line of Racine Avenue commencing at All those parcels thst abut the right-of. the intersection of Geminn Drive; Ithence Northwesterly along Racine Avenue to Lions Park Drive including only those prdperties 2191.998.007; 2192.980; 2192.988; known as Tax Key Numbers: 2191,998; 2222.984.002; and 2222.988. All othbr par. Cek that abut the above described rightd. way of Racine Avenue are excluded f&m the Assessment District. NOW, THEREFORE, RE 1T RESOI,VED by the Common Council of the City of Muskego as follows: I 1 That the report afthe City Engineer and any amendments or modifications thereto Pertaining to the above-described Ipublic improvements. including plans and bpecifi. cations therefore is adopted and appioved. zdvertise for bids and shall cany oh the 2. That the City of Muskego has OT shall md any amendments or modificatmns mprovements in accordance with the re on hereto of the City Engineer. nade by assessing the cost to the property 3. That payment for the improvements be Benefited as indicated in the report afid any mendments or modifications thereto! tnd any amendments or modifications 4. That assessments shown on the ireport ,hereto. representing an exercise bf the lolice power. have been determined on a .easonable basis and are hereby confirmed. 5. That Resolution #175-86. as ,mended. Resolution #266-86. Resolu- ion #68-89, as amended. and.Resolution ~186.89 established an assessment 'policy or construction of water mains for the City ,f Muskego. which is hereby made a part of his Resolution. Pursuant to Section 15.5 of :aid policy, deferred assessmentq an4 nstallment payments shall be as follows: ,his assessment shall be eligible $or a A. That properties which are subject to leferred assessment on the following, terms md conditions: (1lPaymentoftheentirecostofthelateral m or before the first November 1st a% the mnual installments with interest at 8.0% inal assessment Resolution or in two ,er annum on the unpaid balance commenc- ng on the first November 1st aRer the final assessment Resolution and said first install- ?state taxes are due and annually thereafter nent being due on the first date when real :xcept those properties under Subsection .ais, which shall pay the entire assessment 3Xel of this Resolution dealing withidefer- 1s stated in l3llc). I :harge or the entire assessment for [31[cl (2) The assessment (other than lateral ropertyl shall be deferred until the occur- 'ence of the first of the followng events: Iffeeeted to commence payment of the la1 Election by an owner of the prpperty lssessment which must be made in hiting m or before the first November 1st after uater is available or is deemed waived. (bl Sale of any interest in the property. major expansion of commercial or indhstriel IC) Upon issuance ora building permit for ?roperty which is an expansion costing a ;otal of $25,000.00 or more. Id, As m unimproved pWPenY.l UP" Issuance of a bulldmg permlt as fo that mrfian or the property being improved. *ater system on '2r before the first Novem- fer On conneetion of the property to the wer 1st after water is available to the IP I alter wacer IS avamble to the property, but only if connectign is vclpntarily made, made for a reason now requiring conneetion under the present City ordinance or"connqtion made because of a future governmental requirement other than a requirement imposed solely et the discretion of the City of Muskego. above events referred to in Subsection (2) (31 Upon the occurrence of the first of the above. the assessments shall be paid as follows: of building permit. (a1 As to occurrence (dl. prior to issuance tb) As to occurrence lbl, upon sale. IC) As to occurrence la) or (e). on the first November 1st after said occurrence or in ten 1101 annual installments with interest at 8.0'7~ per annum on the unpaid balance cbmmencing on the first November 1st after the final assessment Resolution and said first installment being due on the first date when real estate taxes are due and annually November 1st after the occurrence or in ten id1 As to occurrence (c) or (0, on the first I101 annual installments with interest at commencing on the first November 1st after 8.0% per annum on the unpaid balance connection and said first installment being due on the first date when real estate taxes are due and annually thereafter. all deferred assessments at the rate of 8.0% (41 That there shall be interest charged on per annum on the unpaid balance from the first November 1st after the final assess- ment Resolution. This shall be the initial rate for the first five 15) years and shall continue to be the interest rate until paid except that the City shall review the interest rate after five years and may make adpst- initial five years. ment5 in said rate at any time aRer the installments which are not paid by the date 15) In any event, all assessments or specified above shall be extended upon the tax roll as a delinquent tax against the connection. return and sale of property for property and all proceeds in relation to the deltnquent real estate taxes shall apply to such special assessment, except a8 otherwise thereafter. prowded 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 appears on the assessment roll whose post to every property owner whose name oflice address is known or can with reaaon- able diligence be ascertained. DATEDTHlS28th DAY OFAugust. 1990. IdWayne G. Salentine CITY OF MUSKEGO Ma"W ~ ~~~ ATTEST: IdJean K. Marenda City Clerk 8/90 jz PUBLISHED THE 6th DAY OF August, 1990. PTOpertY. water system after the first November 1st cn On connection of the property/ta the I