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CCR1997284COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #284-97 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 amended and attached hereto and made a part hereof. DATED THIS 9th DAY OF DECEMBER , 1997. SPONSORED BY: PUBLIC UTILITIES COMMITTEE Ald. David J. Sanders Ald. Mark A. Slocomb Ald. Donna M. Woodard This is to certify that this is a true and accurate copy of Resolution #284-97 which was adopted by the Common Council of the City of Muskego. 0 i I I i i io CITY OF MUSKEGO ASSESSMENT POLICY FOR CONSTRUCTION OF WATER MAINS AS AMENDED 150 ft. POLICY 1. The basis for water main assessments shall be the assessable linear footage of frontage, and in the case of undeveloped or developed residential property, unit assessment or a combination of both, of each benefited property within an assessment district, computed as per the following part, see definition of unit in Section 3.5. requirements. If a unit assessment is used in whole or in 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 Sections NR 111 AND PSC 185 Wisconsin Administrative district. The assessment rates shall be as determined Code to service all properties within the assessment from time to time by the Public Utilities Committee and accepted by the Common Council, unless actual cost per shall be the lessor amount. Water mains in public linear foot of frontage is less, then the assessment back to the respective assessment district as directed right-of-ways and within easements shall be assessed by the City. B. Assessable water main costs shall include the total costs for water mains, valves, and hydrants. Costs involving inspection, engineering, legal, restoration costs such as pavement repair and landscaping and necessary administration costs to complete a project shall also be assessed back to the respective assessment district. C. Non-assessable costs with respect to frontage pressure booster stations for area-wide pressure assessments include main oversizing, pump stations, improvements as required by state agencies, and related appurtenances, water towers, reservoirs, system controls, pressure reducing valves, pressure reducing stations and wells. 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: Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 2 B. C. D. E. F. G. H. I. (1) If a lot abuts two streets, add the two side dimensions and divide by two., On lots with frontage on three streets, use the longest and shortest side and compute as a corner lot. 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 Comprehensive Land Use Plan. 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. 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. On large tracts of land which are on corners, assume a future corner lot that complies with the Comprehensive Land Use Plan and apply the corner lot policy. The balance of the frontage shall be considered at full linear footage. be handled on an individual basis; as each special Lots which do not meet the above criteria will situation is decided, it will become policy for future decisions of a similar nature. 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. Assessable frontage costs shall be determined as in Section 2 above divided by the total available assessable frontage as detailed in Section 5 below. 3.5 The assessable unit method may be utilized when it is determined that the usage of units is a method which best distributes the cost of the project. The unit shall be defined as parcel of land as determined by the Comprehensive Land Use Plan that correlates to the future use of the parcel. Unit(s) shall be determined as follows: A. Existing non-divisible parcels of land under current or future zoning as described in 3.5 above. B. Existing large parcels of land that may be divisible described in 3.5 above. Proposed improvements shall into additional parcels based on future zoning as abut any future parcels in order to receive a benefit Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 3 (i.e. internal future parcels not abutting an improvement may not be assessed). C. For parcels that abut two or more streets, a unit assessment may only be levied on those existing or future parcels that abut the proposed improvements. 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 coats 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. 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 Land Use Plan for said use is larger than 150 front the minimum lot width required by the Comprehensive feet, then the larger amount), or minimum lot width and area as required by the City's If a parcel has a frontage of 2 times or more the Zoning Ordinance, the frontage shall be computed by using the frontage of the entire parcel, or 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 the Comprehensive Land Use Plan, the excess frontage would not be included in the assessment computation and is not assessed. If a unit assessment is used in whole or in part, this subsection 5.A. shall apply as far as applicable in determining the number of units to be assessed. 0 0 (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 e Assessment Policy for Construction of Water Mains (150 ft. policy) Page - 4 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, estate taxes shall apply to such special return and sale of property for delinquent real assessment, except as otherwise provided by statute. (2) If a land division is made, and the nondeferred assessment is part of the land division, then said assessment and all of the remaining lateral payable in full and if not paid by the first assessment charges shall be immediately due and November 1st after the division, the front feet and applicable laterals shall be placed on the tax roll, plus interest through January 31st. of an assessment, the applicable committee of the If there is an unusual situation as to the calculation Common Council may make reasonable exceptions to the above requirements to address said unusual situation. 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 the Comprehensive front feet, except in the case of a developed parcel if Land Use Plan 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. 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 on the document creating the land division) and the including land division at the time of City signatures apply to all of the property subject to the deferral. responsibility for payment of the assessment shall (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 full. When the deferral of an assessment ends, Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 5 upon a use being made of any portion of the property in question, said assessment shall be paid in cash in full. Evidence of use shall include but not be limited to a permit for such a use being issued, or in a case of a land division the City affixing signatures on the document creating the land division. As an alternative, property owner having an assessment come due, an the City, at its sole option, may negotiate with a 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 deferral, the assessable front footage of the circumstances. To be considered for an additional property shall be a minimum of 500 ft. All assessments or installments which are not paid delinquent tax against the property with interest when due shall be extended upon the tax roll as a 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. (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 following criteria shall be met. The City is under no obligation to negotiate further deferrals of any 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/or units 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. (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 Policy for Construction of Water Mains (150 ft. Policy) Page - 6 assessment that was not deferred and the on the 10 year payment plan. remainder of the laterals, which may continue However, if the nondeferred assessment is part of the land division, then said assessment and all of the remaining lateral assessment charges shall be immediately due and payable in full and if not paid by the first November 1st after the division, the front feet and/or units and applicable plus interest through January 31st. laterals shall be placed on the tax roll, (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. (f) If a land division or land divisions are made and more than 50% of the assessable frontage and/or units of the original parcel payable in full, and if not paid by the first is sold, the balance will become due and 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 plan only if said lands are not part of the and one lateral may remain on the payment land division. (g) 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 payment or payments as of the date said payment or then to principal due on the date of the partial payments are received. reviewed every five (5) years. Interest rates on deferred assessments may be 7. Hardship Policy e 0 Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 7 A. If the Common Council or its duly authorized committee or representative determines that it would constitute an undue hardship for a person or persons owning an owner-occupied non-dividable residential property affected by a special assessment made pursuant to this assessment policy who has qualified for hardship status as set forth above, it may allow said assessment to be (as defined later in this policy) to pay an assessment paid as follows: 1. The entire assessment would be deferred and not be due and payable and no interest would accrue until a use of the improvement is made. Once a use of due and payable subject to Paragraph 2 below. the improvement is made, the entire assessment is first November 1st after use of the improvement is Interest shall be charged commencing with the made. The interest to be charged after a use is made is the interest rate as established in the final assessment resolution; and 2. The owner may elect to pay the entire assessment on their entire property pursuant to Section 5 of this policy once a use of the improvement is made or the assessment will be payable in 19 annual installments with an interest rate as established period of hardship. in the final assessment resolution during the If a property owner no longer qualifies for assessment including interest shall be due as hardship status, then the entire remaining follows: In full or at owner's election in annual installments of principal and interest as set assessment policy stated above for a number of forth in the non-hardship sections of the principal which is left to be paid based upon a 10 years which is in proportion to the amount of year payment plan. For example: If one-half of the principal remains due at the end of the hardship status, the remaining principal and interest would be paid in 5 annual installments. B. Hardship Status: 1. As to each special assessment subject to this policy, the Notice of Public Hearing shall contain a notice that property owners may be qualified for hardship status which will allow for different payments of the assessment and shall indicate a time by which persons must apply and be determined to qualify for said hardship status. A person or making a new application each succeeding year on persons once qualified must requalify annually by year. If a person or persons does not initially or before the 1st day of May each succeeding qualify or fails to qualify each year, the hardship status terminates and cannot be renewed. Hardship status as to an assessment is personal to the person or persons owning the property at the time of the initial assessment and cannot be transferred to a new owner. 2. Qualifications for Hardship Status: Individuals or Families with an annual income not in excess of County with adjustments for family size, shall be 50% of the gross median family income for Waukesha qualified for hardship status by the Common determination following Rules and Regulations as Council, committee or representative making said the City may from time to time direct. da f MASTER:MSMTPOL.WTR Adopted by Resolution #22-94 1/25/94 Amended by Resolution #46-95 3/28/95 Amended by Resolution #103-95 5/9/95 Amended by Resolution #13-96 1/23/96 Amended by Resolution #204-97 12/09/91