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CCR1995046COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #46-95 RESOLUTION ADOPTING AN AMENDED 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 an Amended Assessment Policy for Construction of Water Mains as attached hereto and made a part hereof. DATED THIS 28TH DAY OF MARCH , 1995. SPONSORED BY: PUBLIC UTILITIES COMMITTEE Ald. David J. Sanders Ald. Domonic D'Acquisto Ald. Donna M. Woodard This is to certify that this is a true and accurate copy of Resolution #46-95 which was adopted by the Common Council of the City of Muskego. 3/95 jmb 0 CITY OF. MUSKEG0 AS AMENDED 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. The front foot assessment for residential, commercial and industrial zoned properties shall be based on the equivalent size water main required to serve the respective assessment district in accordance with to service all properties within the assessment district. Sections NR 111 AND PSC 185 Wisconsin Administrative Code The assessment rates shall be as determined from time to time by the Public Utilities Committee and accepted by the Common Council, unless actual cost per linear foot of frontage is less, then the assessment shall be the lessor amount. Water mains in public right-of-ways and within easements shall be assessed back to the respective assessment district as directed by the City. B. 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. C. 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 valves, pressure reducing stations and wells. towers, reservoirs, system controls, pressure reducing D. Individual pressure booster system for individual residences are to be paid for by the property which is served by the individual system. 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 e .. dimensions and divide by two. B. On lots with frontaae on three streets, use the longest and shortest side aid compute as a corner lot. Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 2 4 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. 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 han.dled on an individual basis; as each special decisions of a similar nature. situat.ion is decided, it will become policy for future 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 lineal. frontage shall be determined as in Section 5 below. I. Assess:able frontage costs shall be determined as in Section 2 above divided by the total available assessable frontage as detailed in Section 5 below. Water laterals will be assessed back to each respective when instal.led within streets. property for the entire expense on a unit or lump sum basis 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 be based upon a unit or lump sum basis for each lot to be the additional costs of the laterals. These costs shall 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 per cent of the average cost of all water laterals for service to the parcels to be developed is greater than 10 the pIo ject. Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 3 0 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 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 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 with respect to zoning, the excess frontage would not be feet but less than 2 times the minimum lot width and area 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 roll as a delinquent tax against the property and return and sale of property for delinquent real all proceedings in relation to the collection, estate taxes shall apply to such special assessment, except as otherwise provided by statute. (2) If a land division is made, the nondeferred aeeeeement is part of the land division, then said aeseeement and all of the remaining lateral payable in full and if not paid by the first aeseeement chargee shall be immediately due and November let after the division, the front feet and applicable laterale shall be placed on the tax roll, plue interest through January 31et. an aeeeeement, the applicable committee of the Common If there is an unueual situation as to the calculation of Council may make reaeonable exceptions to the above requirements to addreee mid unueual eituation. Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 4 0 B. 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 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. 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. (1) All deferred assessments shall bear interest at Resolution on the unpaid balance from the first the rate established in the Final Assessment November 1st after the date of the Final Assessment Resolution and until payment in said assessment shall be paid in cash in full on full. When the deferral of an assessment ends, 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 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 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. Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 5 (2) If the City does negotiate with a property owner partial payment of a portion of the assessment, the having a deferred assessment come due to allow 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. (c) 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 placed on the tax roll as a delinquent tax said parcel, and if not paid, shall be against the property with interest through January 31st, and all proceedings in relation property for delinquent real estate taxes to the collection, return and sale of except as otherwise provided by statute. shall apply to such special assessment, (d) 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 However, if the nondeferred assessment is continue on the 10 year payment plan. part of the land division, then said aseessment and all of the remaining lateral assessment charges shall be immediately due and payable in full and if not paid by the first November let after the division, the front feet and applicable laterals shall be placed on the tax roll, plus interest through January 31st. (e) 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. i Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 6 (f) 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 only if said lands are not part of the land division. (9) The property owners shall be liable for all costs associated with the pro-ration. 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. 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. 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. Interest rates on deferred assessments may be reviewed every five (5) years.