CCR2003243-
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #243-2003
FINAL RESOLUTION AUTHORIZING
AREA-WIDE RESERVE CAPACITY ASSESSMENT FOR DEBT SERVICE
FOR SEWER SERVICE UNDER ~66.0703, WI STATUTES,
AND LEVYING RESERVE CAPACITY ASSESSMENTS (RCA)
AGAINST BENEFITED PROPERTY
WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a
public hearing at City Hall at 7:25 PM on November 25, 2003 for the purpose of
hearing all interested persons concerning the preliminary resolution and report of
the City Engineer on the proposed reserve capacity special assessments for
providing the availability of sewer capacity in the area described in documents
attached hereto, made a part hereof and marked Exhibit "A" and Exhibit "B", and
heard all persons who desired to speak at the hearing;
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of tile City of
Muskego, as follows:
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1. That the report of the City Engineer pertaining to the above
described reserve capacity for sewer service, including any
amendments and modifications thereto, and including plans
and specifications, is adopted and approved.
2. That the Common Council shall advertise for bids and carry
out the improvements in accordance with the report and any
amendments or modifications thereto of the City Engineer.
3. That payment for the said 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
or modifications thereto, do represent an exercise of the police
powers as per Section 66.0703 WI Stats. have been determined on
a reasonable basis and are hereby confirmed. That the number of
residential equivalency units to be assigned for future development
shall be determined as stated in the City Engineers repOlt, including
any amendment of modifications thereto as adopted by tile City of
Muskego. The reserve capacity charge shall be as follows:
Resolution #243-2003 Page 2
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ExistinQ Users
Property owners whose improved lot has been connected to City
sewer prior to January 1, 2004 will pay a reserve capacity
assessment of $610.00 per residential equivalency connection.
Properties being served prior to public sewer connection by septic
system, mounds and holding tanks will pay this assessment on or
before November 1 in the year the plumbing permit is obtained to
connect to the sewer, except if said permit is obtained after
November 1 in any calendar year, the assessment will be paid on
or before November 1 of the next calendar year. This $610.00
assessment shall increase by $22.50 per residential equivalency
connection per year commencing January 1, 2004.
Future Users
Properties where public sewer connection takes place or additional
capacity is made available after January 1, 2004, and which are not
being served by a septic system, mounds or holding tank, will pay a
reserve capacity assessment of $3,795.00 per residential
equivalency connection on or before November 1 of the year of
connection or the year when additional capacity is made available
after November 1 in any calendar year, the assessment will be paid
on or before November 1 of the next calendar year. This reserve
capacity assessment will increase by $135 each January 1
commencing on January 1, 2005.
5. That the assessments for those connecting to the City of Muskego
sewer system on or before the dates of passage of this resolution
may be paid in cash in full on or before November 1, 2004, or in
five (5) equal annual installments of principal together with 12
months interest per installments at the rate of 8% per annum on the
unpaid balance commencing on November 1, 2004 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. Existing users as defined above
who are not connected will be given the five installment method
provided, however, the first installment shall be due and payable on
or before November 1 in the year the plumbing permit is issued
except if said permit is obtained after November 1 in any calendar
year, the assessment will be paid on or before November 1 of the
next calendar year.
Resolution #243-2003 Page 3
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Future users may pay their assessment in five (5) equal annual
installments of principal together with 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 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.
6. That all reserve capacity assessments are deferred as stated in
Paragraph 4 of this resolution and on the terms and conditions
stated therein except those sewer connections made prior to
January 1, 2004.
7. That the City Clerk 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.
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DATED THIS 25th DAY OF November , 2003.
SPONSORED BY:
Mayor Mark A. Slocomb
This is to certify that this is a true and accurate copy of Resolution #243-2003
which was adopted by the Common Council of the City of Muskego.
CI
11/2003
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Exhibit "A"
- MUSKEGO AREA WIDE RESERVE CAPACITY
ASSESSMENT DISTRICT
LEGAL DESCRIPTION
October 17, 2003
Boxhorn Reserve Addition
Being part of the Northeast 1/4 of Section 24, Town 5 North, Range 20 East, in the City
of Muske go, Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the Southwest comer of said Northeast 1/4; thence N 01025' 14" W,
along the West line of said Northeast 1/4,33.01 feet; thence continuing N 01025'14" W,
along said West line 631.08 feet; thence N 870 32'08" E, 440.53 to the point of
beginning; thence continuing N 870 32 '08" E, 607.68 feet to the West boundary of the
existing Reserve Capacity Assessment area, said boundary line is 400.00 feet West of and
perpendicular to the centerline of C. T .R. "DO"; thence Southerly 637.77 feet along said
boundary line and the arc of a curve, whose center is to the East, having a radius of
2037.02 feet, having a chord length of 635.17 feet, which bears N 09004'40" E, to the
North right-of-way of Boxhom Drive; thence S 87032'01" W, along said righ,:-of-way,
680.81 feet; thence N 02027'59" W, 630.96 feet to the point of beginning.
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Big Muskego Estates Add # 1 Addition
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Being part ofthe Southeast 1/4 of Section 13, Town 5 North, Range 20 East, in the City
of Muske go, Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the Northwest comer of said Southeast 1/4, thence N 87018'00" E, along
the North line of said Southeast 1/4, 827.64 feet, to the point of beginning of lands to be
described; thence continuing N 87018'00" E along said North line 848.88 feet to the
existing Reserve Capacity Assessment boundary; thence S 02042 '00" E along said
existing boundary line 167.00 feet; thence S 87018'00" W along said existing boundary
line 143.89 feet; thence S 02042'00" along said existing boundary line 628.00 feet to a
point on a curve; thence 122.27 feet along said existing boundary line and the arc of a
curve, whose center is to the South, having a radius of 190.00 feet, with a chord length of
120.17 feet, which bears S 74015'54" E to a point on a curve; thence 60.93 feet along
said existing boundary line, and the arc of a curve, whose center is to the Nonh, having a
radius of31O.00 feet, with a chord length of60.83 feet, which bears S 61027'39" E, to
said existing Reserve Capacity Assessment line, said boundary line is 400.00 feet West of
and perpendicular to the centerline ofC.T.R. "DO"; thence S 08050'37" W, along said
existing boundary line, 944.02 feet; thence S 87032'27" W, 230.40 feet to the Northeast
comer of Parcell Certified Survey Map No. 7155; thence S 86040'22" W, along the
North line of said Parcell, a distance of 499.09 feet, to the Easterly boundary line of
2002 Reserve Capacity Assessment Addition; thence N 01010'37" W, along said Easterly
boundary line 5.32 feet; thence N 01011' 16" W, along said Easterly boundary line,
1789.27 feet, to the point of beginning.
) )
RCA Amendment 2003
Exhibit B
LEGEND
0 RCA Amendment 2003
0 RCA Boundary
D Property
N
+ N Right-of-way
-.rv- Hydrography
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L~~GOI Prepared by City of Muskego
Planning Department
10/23/2003
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