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CCR1994022AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #22-94 RESOLUTION ADOPTING ASSESSMENT POLICY FOR CONSTRUCTION OF WATER MAINS BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Public Utilities Committee, does hereby adopt the Assessment Policy for Construction of Water Mains as attached hereto and made a part hereof. DATED THIS 25TH DAY OF JANUARY , 1994. SPONSORED BY: PUBLIC UTILITIES COMMITTEE Ald. David J. Sanders Ald. William H. Schneider Ald. Donna M. Woodard This is to certify that this is a true and accurate copy of City of Muskego. Resolution #22-94 which was adopted by the Common Council of the 1/94 jmb 0 CITY OF MUSKEG0 150 ft. POLICY ASSESSMENT POLICY FOR CONSTRUCTION OF WATER MAINS 1. The basis for water main assessments shall be the assessable linear footage of frontage of each benefited property within an assessment district, computed as per the following requirements. 2. Water main and appurtenances assessable and non-assessable costs. A. B. C. D. The front foot assessment for residential, commercial and equivalent size water main required to serve the industrial zoned properties shall be based on the respective assessment district in accordance with Sections NR 111 AND PSC 185 Wisconsin Administrative Code The assessment rates shall be as determined from time to to service all properties within the assessment district. time by the Public Utilities Committee and accepted by the Common Council, unless actual cost per linear foot of amount. Water mains in public right-of-ways and within frontage is less, then the assessment shall be the lessor easements shall be assessed back to the respective assessment district as directed by the City. Assessable water main costs shall include the total costs for water mains, valves, and hydrants. Costs involving pavement repair and landscaping and necessary inspection, engineering, legal, restoration costs such as administration costs to complete a project shall also be assessed back to the respective assessment district. Non-assessable costs with respect to frontage assessments include main oversizing, pump stations, pressure booster stations for area-wide pressure improvements as required by state agencies, and related appurtenances, water towers, reservoirs, system controls, pressure reducing valves, pressure reducing stations and wells. residences are to be paid for by the property which is Individual pressure booster system for individual served by the individual system. 3. The assessable linear footage shall be determined as follows: I I A. For corner lots: (11 If a lot abuts two streets, add the two side .. dimensions and divide by two. 8. On lots with frontaae on three streets, use the lonqest 2 and shortest side and compute as a corner lot. Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 2 0 C. On lots with frontage on two streets, use frontage on one additional lot or lots complying with the present zoning street only if the lot cannot be subdivided into an ordinance. D. For lots on cul-de-sacs, use the chord dimension at the building setback line as measured tangent to the curve as its mid-point, if said setback line is formed by a curved line. E. For lots on curves with an exterior angle over 45 as measured between the side lot lines of each lot, use the chord dimension at the building setback line for the inside lots on the curve. F. On large tracts of land which are on corners, assume a future corner lot that complies with the present zoning ordinance and apply the corner lot policy. The balance of the frontage shall be considered at full linear footage. G. Lots which do not meet the above criteria will be handled on an individual basis; as each special situation is decided, it will become policy for future decisions of a similar nature. 0 H. Floodplain, low land conservancy and wetlands shall be exempt from assessments except in the event that there is an existing use in such areas that receives a benefit from the proposed improvement. The maximum assessable below. lineal frontage shall be determined as in Section 5 I. Assessable frontage costs shall be determined as in Section 2 above divided by the total available assessable frontage as detailed in Section 5 below. 4. Water laterals will be assessed back to each respective property for the entire expense on a unit or lump sum basis when installed within streets. A. In the event that water mains are extended to serve new development and that the length of the water laterals for the development creates a higher than normal cost for existing parcels, the development shall be assessed for the additional costs of the laterals. These costs shall be based upon a unit or lump sum basis for each lot to be developed. This policy shall apply when the development causes the installation of longer than normal laterals in cul-de-sacs or in areas where the cost of water lateral service to the parcels to be developed is greater than 10 per cent of the average cost of all water laterals for the project. Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 3 5. Assessment and Payment of Assessments A. Each parcel being assessed is responsible for the payment in the manner set forth in (1) below to a maximum of 150 feet, or the number of front feet of the parcel whichever is less, plus the costs of all laterals (except width required by zoning for said use is larger than 150 in the case of a developed parcel if the minimum lot front feet, then the larger amount), or lot width and area as required by the City's Zoning If a parcel has a frontage of 2 times or more the minimum Ordinance, the frontage shall be computed by using the frontage of the entire parcel, or If the lot width of a parcel is in excess of 150 lineal feet but less than 2 times the minimum lot width and area with respect to zoning, the excess frontage would not be included in the assessment computation and is not assessed. (1) The assessments due pursuant to Paragraph 5 of this Policy may be paid in cash in full on or before the first November 1st after the date of the Final Assessment Resolution or in ten (10) annual installments of principal together with twelve (12) months interest per installment to the City Treasurer, installment payments to bear interest at the rate established in the Final Assessment Resolution on the unpaid balance commencing on November 1st and said first taxes are due and annually thereof. All installment being due on the date when real estate assessments or installments which are not paid by the date specified shall be extended upon the tax all proceedings in relation to the collection, roll as a delinquent tax against the property and return and sale of property for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute. 9. The remainder of said assessment is deferred as stated in Paragraph 6. C. If the entire property is sold, without division, the assessment levied on the property to the extent of 150 front feet, except in the case of a developed parcel if the minimum lot width required by zoning for said use is larger than 150 front feet, then the larger amount or the number of front feet of the parcel, whichever is less, plus the costs of all laterals may remain on the payment plan; and any remainder of said assessment which is deferred, may continue to be deferred. Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 4 6. Payment of Deferred Assessments A. That portion of the assessments not being paid pursuant to Paragraph 5 of this Policy shall be deferred. Deferrals shall end upon any use being made of any portion of the property in question (use specifically including land division at the time of City signatures on responsibility for payment of the assessment shall apply the document creating the land division) and the to all of the property subject to the deferral. (1) All deferred assessments shall bear interest at the rate established in the Final Assessment November 1st after the date of the Final Resolution on the unpaid balance from the first Assessment Resolution and until payment in full. When the deferral of an assessment ends, said assessment shall be paid in cash in full on or before the first November 1st after the end of the deferral unless the City, at its sole option, negotiates with a property owner having an assessment come due, an agreement by which the assessment or a portion thereof may be further deferred when the Common Council determines that additional deferrals would be just and equitable under the particular circumstances. To be considered for an additional deferral, the minimum of 500 ft. All assessments or installments assessable front footage of the property shall be a which are not paid by the date specified shall be extended upon the tax roll as a delinquent tax against the property with interest through January 31st and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such by statute. special assessment, except as otherwise provided (2) If the City does negotiate with a property owner having a deferred assessment come due to allow partial payment of a portion of the assessment, the no obligation to negotiate further deferrals of any following criteria shall be met. The City is under assessment. (a) The owners shall give the City satisfactory evidence of sole ownership of all of the lands in question and the right to divide such assessments as proposed. (b) The lands shall be divided and all appropriate documents making such division shall be filed and recorded. io Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 5 The partial assessment shall be paid to the City by all the owners to satisfy the lien of assessment for the number of front feet and the laterals being sold, upon sale of said parcel, and if not paid, shall be placed on the tax roll as a delinquent tax against the property with interest through January 31st, 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. The assessment on the remainder of the lands described in the agreement shall continue to be deferred, except for the portion of the assessment that was not deferred and the remainder of the laterals, which may continue on the 10 year payment plan. The property owners shall waive all legal notices required to amend or change special assessments and agree to the amended assessment without further action by the City. If a land division or land divisions are made and more than 50% of the assessable frontage of the original parcel is sold, the balance will become due and payable in full, and if not paid by the first November 1st after the sale, the front feet and applicable plus interest through January 31st. The laterals shall be placed on the tax roll, original non-deferred assessment and one lateral may remain on the payment plan. The property owners shall be liable for all costs associated with the pro-ration. (3) Any assessment deferred pursuant to this policy may nevertheless be prepaid upon the to be prepaid and as provided for in the Final same terms as installment assessments are allowed Assessment Resolution. (4) Any deferred assessment on property that has not been divided may be placed on the 10 year payment plan upon request of the owner(s) of the property at any time. Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 6 (5) As to deferred assessments not on a payment plan, the City will accept partial payments in the minimum amount of $5000. The partial payment or payments will be applied first to interest and then to principal due on the date of the partial payment or payments as of the date said payment or payments are received. (6) Interest rates on deferred assessments may be reviewed every five (5) years. bMMON COUNCIL - CITY OF MUSKEG0 \ RESOLUTION #22-94 RESOLUTTON ADOPTING ASSESSMENT POLICY FOR ASSESSMENTS LEVIED ON OR AFTER 3/26/91 FOR CYNSTRUCTION OF WATER MAINS \ I BE IT RESOLVED that the\Common Council of the City of Muskego, upon the recommendation m\f the Public Utilities Committee, does hereby adopt the Assessme t Policy for Assessments Levied On or After 3/26/91 for Constru B tion of Water Mains as attached hereto and made a part herof. \ DATED THIS DAY OF \$ , 1994. \ \ SPONSORED BY: PUBLIC UTILITIES COMMITTEE Ald. David J. Sanders Ald. William H. Schneider Ald. Donna M. Woodard This is to certify that this is prate copy of City of Muskego. Resolution #22-94 which was adopted by the Common Council of the \ 1 1/94 jmb \ \ City Clerk \. CITY OF MUSKEGO \ 150 ft. POLICY ASSESSMENT POLICY(F R ASSESSMENTS LEVIED ON OR AFTER 3-26-91) FOR CONSTRUCTION OF WATER MAINS 1. The basis for wat r main assessments shall be the assessable linear footage \ of.frontage of each benefited property within an assessment distkict, computed as per the following requirements. \ 2. Water main and appuxtenances assessable and non-assessable costs. A. The front foot essment for residential, commercial and industrial zon ased on the equivalent siz serve the respective ass rdance with Sections NR 11 The assessment to service all ssessment district. time by the Pu and accepted by the Common COLI per linear foot of frontage is le shall be the lessor amount. Water mains f-ways and within easements shal e respective assessment dis B. Assessable water main co shall include the total costs osts such as for water main inspection, en pavement repai administration all also be assessed back C. Non-assessable include main o by state agenc stations for a towers, reservoirs, system contr valves, pressure reducing statio pressure reducing D. Individual pre residences are served by the individual system. individual \ 3. The assessable linear footage shall be determined as follows: /> A. For corner lots: ’>~ (1) If a lot abuts two streets, add the two, side dimensions and divide by two. B. On lots with frontaqe on.three streets, use the lonaest and shortest side and compute as a corner lot. -