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CCR1991049RESOLUTION X49-91 FINAL RESOLUTION AUTHORIZING AREA WIDE WATER CAPACITY ASSESSMENTS FOR WATER SERVICES UNDER WISCONSIN STATUTE 66.60 AND LEVYING WATER CAPACITY SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY (WCA) held a public hearing at the Muskego City Hall at 7:OO P.M. on the 11th day of March, 1991, for the purpose of hearing all report of the City Engineer on the proposed water capacity interested persons concerning the preliminary resolution and special assessments for providing the availability of water service in the area described in documents attached hereto, made desired to speak at the hearing. a part hereof and marked Exhibit "A," and heard all persons who WHEREAS, the Common Council of the City Muskego, Wisconsin, NOW THEREFORE, BE IT RESOLVED, by the Common Council of the City of Muskego, as follows: 1. That the report of the City Engineer pertaining to the above-described water capacity, including any amendments and modifications thereto, and including plans and specifications, is adopted and approved. 2. That the Common Council shall advertise for bids and carry out the improvements in accordance with the report and any amendments and modifications thereto of the City Engineer. 0 3. That payment for said water capacity be made by assessing part of the cost to the property benefited as indicated in the report and amendments and modifications thereto. 4. That assessments shown on the report, including any amendments and modifications thereto, do represent an exercise of the policy power as per S66.60(l)(b), Wisconsin Statutes, have been determined on a reasonable basis and are hereby confirmed. That the number of water capacity assessment units (WCA units) to be assigned shall be determined as stated in the City Engineer's report, including any amendment and modification thereto, as adopted by the City of Muskego. The water capacity charge shall be as follows: Cateqory 1 Properties that are connected to existing public water service prior to April 1, 1991, and those properties being served by public water service only after being served by a private water system because public water service was not available, will pay $558.00 per WCA unit. The assessment stated above shall be paid on or before November 1, 1991, or if public water service is not connected on or before November 1, 1991, the first November 1st after which public water service is connected. The $558.00 assessment per WCA unit will be increased by $36.00 per water capacity assessment unit per year commencing on the 1st day of January, 1992. 0 Resolution #49-91 WCA Assessment Page 2 trust prior to receiving public water service may receive a reduction in water capacity assessment to be negotiated between becomes a part of the public water system based on the value of the City and said water trust at the time the water trust the assets of the water trust to the public water system. That properties which receive water service from a water Cateqory 2 All properties not specifically included in Category 1 shall be in Category 2, specifically including all properties which were connected to public water service on or after April system. The assessment for said properties shall be $930.00 per 1, 1991, and where there was no previous use of a private water WCA unit. The amount of said assessment shall be paid on or before the first November 1st after public water service connection. The $930.00 assessment per WCA unit will be increased by $60.00 per water capacity unit per year commencing on the 1st day of January, 1992. of Muskego water system on or before November 1, 1991, may be 5. That the assessments for those connecting to the City paid in cash in full on or before November 1, 1991, or in five (5) equal annual installments of principal together with twelve on the unpaid balance commencing on November 1, 1991, and said (12) months interest per installment at the rate of 8% per annum first installment being due on the date when real estate taxes are due and annually thereafter. All assessments or extended upon the tax roll as a delinquent tax against the installments which are not paid by the date specified shall be property and all proceedings in relation to the collection, return and sale of property for delinquency real estate taxes shall apply to such special assessment, except as otherwise provided by statute. water system after November 1, 1991, may be paid in cash in full All assessments for those connecting to the City of Muskego on or before the first November 1st after connection or in five (5) equal annual installments of principal together with twelve commencing on November 1 in the year of connection or in the (12) months interest per installment at the rate of 8% per annum year additional capacity is made available, except if said November 1 in any calendar year, then commencing on November 1 connection or additional capacity is made available after of the next calendar year, and said first installment being due on the date when real estate taxes are due and annually by the date specified shall be extended upon the tax roll as a thereafter. All assessments or installments which are not paid delinquent tax against the property and all proceedings in relation to the collection, return and sale of property for delinquency real estate taxes shall apply to such special assessment, except as otherwise provided by statute. esolution #49-91 CA Assessment Page 3 tated in Paragraph 4 of this Resolution and on the terms and onditions stated therein. 6. That all water capacity assessments are deferred as 7. That the City Clerk shall publish this Resolution as a lass 1 Notice in the assessment district and mail a copy of his Resolution and a statement of the final assessment against he benefited property to every property owner whose name ppears on the assessment roll whose post office address is nown or can with reasonable diligence be ascertained. ATED THIS 26TH DAY MARCH , 1991. #ema d J42LLZ Way# G. Salentine, Mayor TTEST : Published April 4, 1991 49 lcac FINAL RESOLUTION AUTHORIZING RESOLLITION #46-91 AREA WIDE WATER CAPACITY ASSESS- MENTS FOR WATER SERVICES UNDER WISCONSIN STATUTE 68.60 AND LEVY- ASSESSMENTS AGAINST BENEFITTED ING WATER CAPACITY SPECIAL PROPERTY (WCA) City Muskego. Wisconsin held a public WHEREAS. the Common Council of the hearing at the Muskego City Hall at 7:OO P.M. on the 11th day of March, 1991. for the concerning the preliminary resolution and purpose of hearing all interested persons repart of the City Engineer on the proposed water capacity special asaesamenta for the area described in daeuments attached providing the availability of water service in Exhibit "A", and heard all persons who hereto. made a part hereof and marked desired to speak at the hearing. by the Common Council of the City of NOW THEREFORE. BE IT RESOLVED. Muskego, a8 follows: 1. That the report of the City Engineer capacity. including any amendments and pertaining to the above-described water modifications thereto, and including plana . and specifications, is adopted and approved. 2. That the Common Council shall adver. tise for bids and carry out the improvements in accordence with the report and any amendments and modifications thereto of the City Engineer. 3. That payment for said water capacity be made by assessing part of the cost to the property benefited an indicated in the report and amendments and modifications thereto. 4. That assessments shown on the report. including any amendments and modifica- tions thereto, do represent an exercise of the policy power am per 666.80(IXb). Wieconsin Statutes, have been determined on a reason- able basis and are hereby confirmed. That the number of water capacity asseesment units (WCA units) to be assigned shall be report, including any amendment and mod- determined as stated in the City Engineefs ification thereto, as adopted by the City of Muskego. The water capacity charge shall be as follows: Category 1 Properties that are connected to existing public water service prior to April 1, 1991, and those properties being served by public water senrice only aRer being served by a service WBB not available, will pay $658.00 private water system because public water per WCA unit. The assessment stated above shall be paid on or before November 1, 1991, or if public water service is not connected on or before November 1. 1991. the first November let alter which public water service is connected. The $558.00 anseas- $36.00 per water capacity assessment unit ment per WCA unit will be increased by per year commencing on the 1st day of January, 1992. That properties which receive water service fmm a water trust prior to receiving public water service may receive E reductiqn in water capacity aseeesment to be nego- at the time the water trust becomes a part of tiated between the City and said water truet of the assets of the water trust to the public the public water system based on the value water system. Category 2 All Properties not specifically included in Category 1 shsll be in Category 2, ~pecifi- cally including all properties which were connected to public water service on or alter previous use of a pfivste water system. The April 1. 1991. and where there WBB assessment for aaid properties shall be $930.00 per WCA unit. The amount of said as8esnment shall be paid on or before the first November 1st alter public water service Connection. The $930.00 amemment per WCA unit will be increased by $60.00 per the 1st day of January. 1992. water capacity unit per year commencing on 5. That the assessments for those con- necting to the City ofMuskego wahr 8y8km on or before November 1,1991, may be paid or in five (5) equal annual installments of in cash in full on or before November 1.1991, principal together with twelve (12) months interest per installment at the rate of 8% per annum on the unpaid balance commencing ,.r, v-,,.m".%- I 7qg. "4 *,&+ n-,, :7n,,911. to such spe~ial assessment. except 88 otherwise provided by statute. the City of Muskego water system &r All assemmenta for those eoniectizg to November 1,1991, may be paid in caah in full on or before the firat November lat aRer connection or in five (5) equal annual installments of principal together with twelve (12) months interest per inatallment at the rate of 8% per annum commencing on November I in the year of connection or in able, except if mid connection or additional the year additional capacity is made avail- capacity is made available aRer November 1 in any calendar year, then commencing on November 1 of the next calendar yesr. and mid first installment being due an the date when real estate taxes are due and annually therealter. All assesementa 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 of property for delinquency real estate taxes in relation to the collection. return and sale shall apply to such special msessment, except as atherwiee provided by statute. deferred as stated in Paragraph 4 of this 6. That all water capacity assessments are Resolution and on the terms and conditions stated therein. 7. That the City Clerk shall publish this Resolution as a- Class I Noiice 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 sppears on the amessment roll whose post ollice address is known or can with reason- able diligence be ascertained. DATED THIS 26TH DAY MARCH, 1991. IdWayne G. Salentine Mayor IdJean K Marends ATTEST: City Clerk 3191cac November 27. 1990 Exhibit A For: City of Muskego Amended Legal Description for the Water Connection Assessment (WCA) District All that part of the Northeeat 114 of Section 18, Southeast 114 of Section 7. Range 20 East. City of Muskego. Waukesha Southwest 114 of Section 8, Tom 6 North, County, Wiwonsin. bounded and described 88 follows: Commencing at the center of Section 18; thence Northerly along the West line of the Northeast one quarter of said Section 18. beginning; thence Northerly along said West 1053.74 feet more or less to the point of line of the Northeast one quarter of seetion I8 to the North line of Section 18; thence Northerly along the West fine of the Southeast one quarter ofSection 17,1371.80 feet; thence Easterly along the North line of the panel with Tar Key Number 2188.996 and 2188.984.2250 feet more or less; thence Northerly along the West line of the parcel with Tar Key Number 2188.982.238.37 feet: North corner of the parcel with Tax Key thence Northeasterly 700.00 feet to the West. 12.00 feet; thence North 01" 17' 56' Number 2191.997; thence South 88" 38' 02" West. 627.93 feet to the centerline of Field Drive; thence North 88' 42' 04" East. 1120.49 feet to the intersection of Field Drive and Hillendale Drive; thence Southwesterly along the centerline of Hillendale Drive to a point of intersection with the centerline'or the centerline of Sunnyhill Drive to the East Sunnyhill Drive; thence Southeasterly along Hillendale Heights Subdivision; thence lot line extended of Lot 8. Bloek 'B' of South along said East lot line 207.77 feet 8; thence Southerly 77.50 feet; thence more or lees to the South mrner of said lmt Easterly along the South line of Hillendale Heights Subdivision. 2.091.00 feet: thence Southerly 381.92 feet; thence Easterly 486 Southweat one quarter of Section 8; thence feet more or lesa to the Eaet line of the Southerly along said East line of Section 8 to the South section line of Section 8; thence Westerly along said Section line to the Southwest corner of the Southwest one quarter of Section 8; thence Southerly along the East line of Section 18, 1333.30 feet; thence Westerly along the North line of the parcels with Tax Key Numbers 2229.988. 2229.993 and 2229.989. 2,626.88 feet to the point ..", five (5) installments. as provided for I Seetion 68.64 of the Wisconsin Statutr with annual interest thereon at eigi percent (8%) per year. The owner can elect pay the special assessment on his proper( describing the same. to the City Treasur on or before November 1, 1991 or Novemb City of Muskego Resolution 649-91. 1st of a later year as determined pursuant said property owner fails to make t payment to the City Treasurer. the Ci Clerk shall place the entire assessment the tax roll. DATED THIS 29TH DAY OF MARC 1991. City of Musk8 /slJean K. Marenda. CI City CIS STATE OF '!!ISCONS!!: j Milwaukee Counly ) ) ss. (SEAL) being duly sworn, dolh depose ard say Ihal he is an authorized representative 01 The NW~CXV SIIII. ........ a newspaper published at .. hskc8o ........... Wisconsin and Ihal an advertisemenl 01 which the annexed is a Bue copy, laken !tom said palm. was published lherein on .............. ... ... ..................... .................. (Signed). BOOKKEEPER, Subscribed and swoin lo belore me lhis ... My Commission expires .APRIL 11 19.93 Novenber 27, 1990 Exhibit A For: City of Muskego Anended Legal Description for the Water Csnnection Assessment (WCX) District All that part of the Northeast 1/4 of Section 18, Town 5 North, Range 20 East, City of Huskego, Waukesha Southeast 1/4 of Section 7, Southwest 1/4 of Section 8, CounYy, irisconsin, bounded and described as follows: Commencing at the center of Section 18; thence Northerly along the West line of the Northeast one quarter of said Section 18, 1053.74 feet more or less to the point of beginning; tkence Northerly along said West line of the Northeast one quarter of Section 18 to the North line of Section 18; thence Northerly along the West line of the Southeast one quarter of Section 17, 1371.80 feet: t!!e?lce Easterly along tle NoP-! line of the parcel with Tax Key Number 2188.995 and 2188.984, 2250 feet more or less; thence Northerly along the West line of the parcel with Tax Key Number 2188.982. 238.37 feet; thence Northeasterly Number 2191.997; thence South 88'38'02" West, 12.00 feet; 700.00 feet to ',le North corner of the parcel with Tax Xey thence Norrh Ol"17'56" Xest, 627.93 feet to the centerline of Field Drive; thence Nor-! 88'42'04" East, 1120.49 feet to the interseczion of Field Drive and Hillendale Drive; thence Southwesterly along the centerline of Hillendale Sunnyhill Drive; thence Southeasterly along the centerline Drive tz a point of intersection with the centerline of of Sunnyniil Drive to the East loc line extended of Lot 8, Block "B" of Hillendale Heights Subdivision; thence South along said Zast lot line 207.77 feet more or less to the Souch csrner of said Lot 8; thence Southerly 77.50 feet; thence Easterly along Lle South line of Xillendale Heights Subdivision, 2,091.00 feet; thence Southerly 381.92 feet; thence Easterly 485 feet more or less to the East line of the Southwest one quarcer of Section 8; thence Southerly along said Zast line of Section 8 to the South section line of section a; thence Westerly along said. Section line to the SoutSwest corner of the Southwest one quarter of Section 8; thence Southerly along the East line of Section 18, 1333.30 feet; thence Westerly along the North line of the parcels wiL5 Tax Key Numbers 2229.988, 2229.993 and 2229.989, 2,626.88 feet to the point of beginning. Kenneth 9. Ward, P. E.