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CCR1994023COMMON COUNCIL - CITY OF MUSKEG0 AMENDED RESOLUTION #23-94 RESOLUTION ADOPTING ASSESSMENT POLICY FOR CONSTRUCTION OF SANITARY SEWERS 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 Sanitary Sewers 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. Donna M. Woodard Ald. William H. Schneider This is to certify that this is a true and accurate copy of City of Muskego. Resolution #23-94 which was adopted by the Common Council of the 1/94 jmb 150 ft. POLICY CITY OF MUSKEG0 ASSESSMENT POLICY FOR CONSTRUCTION OF SANITARY SEWERS 1. The basis for sewer assessment shall be the assessable within an assessment district, computed as per the following linear footage of frontage of each benefitted property requirements. 2. Sewer assessable and non-assessable costs: A. The front foot assessment for residential, commercial and industrial zoned properties shall be based on the minimum size sewer required to serve the respective assessment district and at a depth necessary to drain (or service) all of the properties within the assessment district. Sewers in public right-of-ways and within easements shall be assessed back to the respective assessment district as directed by the City depending on the nature of the easement sewers (the reasons for obtaining the easements.) B. Assessable sewer costs shall include the total costs for the sewer mains, manholes and risers. Costs involving as pavement replacement and pavement patching and the inspection, engineering, legal, restoration costs such necessary administration costs to complete a project shall also be assessed back to the respective assessment district. C. Non-assessable costs shall include those costs for sewer tunneling, jacking of sewer in liner pipe and concrete encasement of sewers, sewage lift stations, force mains, extra depth and oversized sewers. 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 frontage on three streets - use the longest and shortest side and compute as a corner lot. C. On lots with frontage on two streets - use frontage on one street only if the lot cannot be subdivided into an ordinance. additional lot or lots complying with the present zoning 0 0 4. D. E. F. G. H. I. For lots on cul-de-sacs, use the chord dimension at the building set-back line as measured tangent to the curve at its mid-point, if said set-back line is formed by a curved line. 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 set-back line for the inside lots on the curve. On large tracts of land which are on corners - assume a ordinance and apply the corner lot policy. The balance future corner lot that complies with the present zoning of the frontage shall be considered at full linear footage . Lots which do not meet the above criteria will be handled on an individual basis; as each special decisions of a similar nature. situation is decided, it will become policy for future Floodplain, lowland 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 lineal frontage shall be determined as in Section 5 below. Assessable frontage costs shall be determined as in Section 2 above divided by the total available assessable frontage as detailed in Section 5 below. Sewer 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 sewer mains are extended to serve new development and that the length of the sewer laterals for the development creates a higher than normal cost for existing parcels, the development shall be assessed shall be based upon a unit or lump sum basis for each for the additional costs of the laterals. These costs development causes the installation of longer than lot to be developed. This policy shall apply when the cost of sewer lateral service to the parcels to be normal laterals in cul-de-sacs or in areas where the developed is greater than 10 per cent of the average cost of all sewer laterals for the project. Assessment Policy for Construction of Sewer Mains (150 ft.Policy) Page 3 0 5. Assessment and Payment of Assessments A. Each parcel being assessed is responsible for the maximum of 150 feet, or the number of front feet of the payment in the manner set forth in (1) below to a parcel whichever is less, plus the costs of all laterals lot width required by zoning for said use is larger than (except in the case of a developed parcel if the minimum 150 front feet, then the larger amount), or If a parcel has a frontage of 2 times or more the minimum lot width and area as required by the City's using the frontage of the entire parcel, or Zoning Ordinance, the frontage shall be computed by feet but less than 2 times the minimum lot width and If the lot width of a parcel is in excess of 150 lineal 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 before the first November 1st after the date of this Policy may be paid in cash in full on or annual installments of principal together with the Final Assessment Resolution or in ten (10) 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 installment being due on the date when real estate taxes are due and annually thereof. 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. €3. 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 the minimum lot width required by zoning for said use is front feet, except in the case of a developed parcel if the number of front feet of the parcel, whichever is larger than 150 front feet, then the larger amount or 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 Sewer Mains (150 ft.Policy) I 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 the document creating the land division) and the responsibility for payment of the assessment shall apply to all of the property subject to the deferral. All deferred assessments shall bear interest at the rate established in the Final Assessment Resolution on the unpaid balance from the first November 1st after the date of the Final 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, assessment come due, an agreement by which the negotiates with a property owner having an deferred when the Common Council determines that assessment or a portion thereof may be further additional deferrals would be just and equitable under the particular circumstances. To be considered for an additional deferral, the assessable front footage of the property shall be a minimum of 500 ft. 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 with interest through January 31st and all proceedings property for delinquent real estate taxes shall in relation to the collection, return and sale of apply to such special assessment, except as otherwise provided by statute. 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. Assessment Policy for Construction of Sewer 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 City. assessment without further action by the 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 laterals shall be placed on the tax roll, plus interest through January 31st. The 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 same terms as installment assessments are allowed to be prepaid and as provided for in the Final 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 Sewer 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 or payments as of the date said payment or payments to principal due on the date of the partial payment are received. (6) Interest rates on deferred assessments may be reviewed every five (5) years. lah MASTER:ASSMTPOL.SWR 1/20/94 0 150 ft. POLICY MENTS LEVIED on OR AFTER 3-26-91) shall be the assessable tage of frontage of each benefitted property sessment district, computed as per the following able costs: A. The front or residential, commercial to serve the respective zoned properties shall be based on the a depth necessary to drain perties within the assessment right-of-ways and within easements shal sessed back to the respective assessment distri the nature of the s directed by the City depending on ement sewers (the reasons for obtaining the eas 1 include the total costs for nd risers. Costs involving gal, restoration costs such pavement patching and the sts to complete a project to the respective assessment district. C. Non-assessable costs shall i clude those costs for sewer tunneling, jacking of sewer i liner pipe and concrete encasement of sewers, sewage r Tft stations, force mains, extra depth and oversized sewe s. \ 7 3. The assessable linear footage shall e determined as follows: A. For Corner lots: E. On lots with frontage on three streets / use the longest 1. If a lot abuts two streets, add he two side dimensions and divide by two. and shortest side and compute as a corne C. On lots with frontage on two streets - use frontage on one street only if the lot cannot be subdivided into an additional lot or lots complying with the present zoning ordinance. YOt* COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #23-94 ASSESSMENTS LEVIED ON OR AFTER 3/26/91 FOR RESOLUTION ADOPTING ASSESSMENT POLICY FOR CONSTRUCTION OF SANITARY SEWERS 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 Assessments Levied On or After 3/26/91 \ for Construction of Sanitary Sewers 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 \ This is to certify that this is and accurate copy Resolution #22-94 which was the Common Counci City of Muskego. of 1 of the 1/94 jmb \ Ciky Clerk \