CCR2000149COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #149-2000 0 FINAL RESOLUTION AUTHORIZING AREA WIDE WATER CAPACITY
ASSESSMENT FOR WATER SERVICES UNDER WISCONSIN STATUTE 66.60
AND LEVYING WATER CAPACITY SPECIAL ASSESSMENTS
AGAINST BENEFITED PROPERTY (WCA)
(Sixth Amended WCA District)
WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a
public hearing at the Muskego City Hall at 7'15 P.M. on the 11th day of July, 2000, for
the purpose of hearing all interested persons concerning the preliminary resolution and
report of the City Engineer on the proposed water capacity special assessments for
providing the availability of water service in the area described in documents attached
hereto, made a part hereof and marked Exhibit "A, and heard all persons who desired
to speak at the hearing.
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. 0 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
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 police power as per §66.60(1)(b),
Wisconsin Statutes, have been determined on a reasonable basis and are hereby
confirmed. That the number of water capacity assessments 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 November
1, 2000, 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 0 pay $882.00 per WCA unit. The assessment stated above shall be paid on or before
November 1, 2000, or if public water service is not connected on or before November 1,
2000, the first November 1'' after which public water service is connected. The $882.00
Resolution #149-2000
WCA Assessment Page 2
assessment per WCA unit will be increased by $36.00 per water capacity assessment
unit per year commencing on the 1" day of January, 2001.
That properties which receive water service from a water trust prior to receiving
public water service may receive a reduction in water capacity assessment to be
negotiated between the City and said water trust at the time the water trust becomes a
part of the public water system based on the value of the assets of the water trust to the
public water system.
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 November 1, 2000, and where there was no previous use of a private water
system. The assessment for said properties shall be $1470.00 per WCA unit. The
amount of said assessment shall be paid on or before the first November 1'' after public
water service connection. The $1470.00 assessment per WCA unit will be increased
by $60.00 per water capacity unit per year commencing on the 1'' day of January,
2001.
5. That the assessments for those connecting to the City of Muskego water
system on or before November 1, 2000, may be paid in cash in full on or before
November 1, 2000, or in five (5) equal annual installments of principal together with
twelve (12) months interest per installment at the rate of 8% per annum on the unpaid
balance commencing on November 1, 2000, and said first installment being due on the
date when real estate taxes are due and annually thereafter 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 delinquency real estate taxes shall apply to such special
assessment, except as otherwise provided by statute.
All assessments for those connecting to the City of Muskego water system after
November 1, 2000, may be paid in cash in full on or before the first November 1'' after
connection or in five (5) equal annual installments of principal together with twelve (12)
months interest per installment at the rate of 8% per annum commencing on November
1 in the year of connection or in the year additional capacity is made available, except if
said connection or additional capacity is made available after November 1 in any
calendar year, then commencing on November 1 of the next calendar year, and said
first installment being due on the date when real estate taxes are due and annually
thereafter 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 properly 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.
6. That all water capacity assessments are deferred as stated in paragraph 4
of this Resolution and on the terms and conditions stated therein.
Resolution #149-2000
WCA Assessment
Page 3
7 That the Clerk-Treasurer shall publish this Resolution as a Class 1 Notice
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
appears on the assessment roll whose post office address is known or can with
reasonable diligence be ascertained.
This is to certify that this a true and accurate copy of Resolution #149-2000 which was
adopted by the Common Council of the City of Muskego.
Published this 20th day of July, 2000.
7/2000jmb
hekert EXHIBIT A
April 28,2000
LEGAL DESCRIPTION
Sixth Amended Legal Description for the
Water Connection Assessment (WCA) District
For: City of Muskego
All that part of the Southwest one quarter of Section 2 and the Northwest one quarter of
Section 11, Town 5 North, Range 20 East, City of Muskego, Waukesha County,
Wisconsin, bounded and described as follows:
Commencing at the Northwest comer of the Southwest one quarter of Section 2 and the
point of beginning; thence Easterly along the North line of said Southwest one quarter of
thence Southerly along the west line of said Golden Country Estates extended to the
Section 2, 1338 feet more or less to the Northwest comer of Golden Country Estates;
centerline of Janesville Road (CTH "L"), 1165 feet more or less; thence Southerly 66 feet
more or less to the Northwest comer of Certified Survey Map No. 5841, thence Southerly
along the west line of Certified Survey Maps No. 5841 and 5882, 1427.36 feet more or
less to the Southwest comer of Certified Survey Map No. 5882 which is a point on the
South line of said Southwest one quarter of Section 2 and the Northeast comer of lands
designated by Tax Key No. MSKC 2202.999; thence Southerly along the East line of
lands designated by Tax Key No. MSKC 2202.999, 1326 feet more or less to the
Southeast comer of lands designated by Tax Key No. 2202.999 and a point on the North
line of lands designated by Tax Key No. MSKC 2201.994.001, thence Westerly along
or less to the West line of the Northwest one quarter of Section 11, thence Northerly
said North line of lands designated by Tax Key No. MSKC 2201.994.001, 1348 feet more
to the Southwest comer of the Southwest one quarter of Section 2; thence Northerly
along said West line of said Northwest one quarter of Section 11, 1326 feet more or less
to the point of beginning.
along the West line of the Southwest one quarter of Section 2, 2655.71 feet more or less
Martin Kulinski
MEK:sjd
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