CCR2004084-
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #084-2004
FINAL RESOLUTION AUTHORIZING AREA WIDE WATER CAPACITY
ASSESSMENT FOR WATER SERVICES UNDER WISCONSIN STATUTE 66.0703
AND LEVYING WATER CAPACITY SPECIAL ASSESSMENTS-
AGAINST BENEFITED PROPERTY (WCA)
(Thirteenth Amended WCA District)
WHEREAS, the Common Council of the City of Muskego, Wisconsin held a
public hearing at the Muskego City Hall at 7:35 PM on the 9th day of December, 2003
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 Exhibit "B", 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:
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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.
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 966.0703,
Wisconsin Statutes, have been determined on a reasonable basis and are hereby
confirmed. That the number of water capacity assessment 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:
CateQorv 1
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Properties that are connected to existing public water service prior to November
1, 2004, 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
Reso. #084-2004
13th Amended WCA District
Page 2
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pay $1026.00 per WCA unit. The assessment stated above shall be paid on or before
November 1, 2004, or if public water service is not connected on or before November 1,
2004, the first November 1st after which public water service is connected. The
$1026.00 assessment per WCA unit will be increased by $36.00 per water capacity
assessment unit per year commencing on the 1st day of January, 2005.
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.
Cateqorv 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, 2004, and where there was no previous use of a private water
system. The assessment for said properties shall be $1710.00 per WCA unit. The
amount of said assessment shall be paid on or before the first November 1 st after public
water service connection. The $1710.00 assessment perWCA unit will be increased by
$60.00 per water capacity unit per year commencing on the 1st day of January, 2005.
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5. That the assessments for those connecting to the City of Muskego water
system on or before November 1, 2004 may be paid in cash in full on or before
November 1, 2004, 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, 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.
All assessments for those connecting to the City of Muskego water system after
November 1, 2004, may be paid in cash in full on or before the first November 1st 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 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.
Reso. #084-2004
13th Amended WCA District
Page 3
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6. That all water capacity assessments are deferred as stated in paragraph 4
of this Resolution and on the terms and conditions stated therein.
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.
DATED THIS 27TH DAY OF APRIL ,2004.
J71ø2Jd1~
Mark A. Slocomb, Mayor
This is to certify that this is a true and accurate copy of Resolution #084-2004 which
was adopted by the Common Council of the City of Muskego.
- (/';7 "- /1& ~. A../ ..Þ "../1'7/2- /GJ.é(rk- Treasurer
v/
Published this 6th day of May, 2004
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EXHIBIT "A"
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September 5, 2003
Thirteenth Amended Legal Description for the
Water Connection Assessment (WCA) District
Parcell
All that part of Southeast 1/4 of Section 13, and the Northeast 1/4, Southeast 1/4, and
Southwest 1/4 of Section 24, and the Northeast 1/4, Southwest 1/4, and Northwest 1/4
of Section 25, and the Northeast 1/4, and Southeast 1/4 of Section 26, all in Town 5
North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded
and described as follows:
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Commencing at the Southeast comer of Outlot I, in North Cape Farms, a subdivision in
the City of Muskego, said point located on the East line of the Southeast 1/4 of said
Section 13, said point also being the point of beginning; thence Southerly along said East
line 741.72 feet, to the Southeast comer of the Southeast 1/4, of said Section 13; thence
Southerly along the East line of the Northeast 1/4, and Southeast 1/4 of said Section 24, a
distance of 5,314.38 feet, to the Northeast comer of the Northeast 1/4 of said Section 25;
thence Southerly along the East line of said Northeast 1/4, a distance of 1 ,007 fe~t more
or less to the Northwest line of a 100 feet wide Wisconsin Electric right-of-way; thence
Southwesterly along said Northwest right-of-way line 6,925 feet more or less to the North
line of Parcel 2, Certified Survey Map No. 8412; thence Westerly along the North lines
of Parcel 2, Parcell, and Outlot 1, of said Certified Survey Map No. 8412, a distance of
1904.64 feet, to the West line of the Southeast 1/4 of said Section 26; thence Northerly
along said West line 1331.69 fèet, to the Northwest comer of said Southeast 1/4 Section;
thence Northerly along the West line of the Northeast 1/4 of said Section 26, a distance of
1336 feet more or less to the South line of a property identified by Tax-key No. 2261-
980; thence Easterly along said South line and along the South line of a property
identified by Tax-key No. 2261-991, a distance of 1332 feet more or less, to the West line
of the Northeast 1/4, of the Northeast 1/4 of said Section 26; thence Northerly along said
West line 1,164 feet more or less to the South line of Parcel 2, Certified Survey Map No.
8229; thence Easterly along the South line of said Parcel 2, and Parcel I of said Certified
Survey Map No. 8229, a distance of 250.00 feet to the East line of said Parcell; thence
Northerly along said East line, 174.30 feet to the centerline of Ryan Road right-of-way;
thence Easterly along said centerline, 1070 feet more or less to the Centerline of
Boxhom Drive right-of-way; thence Northerly along said centerline 990.00 feet to the
South extended property line of a parcel of land identified by Tax-key No. 2255-985;
thence Easterly along said South line 990.00 feet, to the West line of a parcel identified
by Tax-key No. 2255-981; thence Northerly along said West line 331 feet more or less to
the North line of said parcel; thence Easterly along said North line and also the North line
of a parcel identified by Tax-key No. 2255-980, a distance of 341.48 feet; thence Easterly
125.64 feet, to the Southwest comer of a parcel of land identified by Tax-key No. 2255-
999; thence Easterly along said South line 1,206.09 feet to the West line of Parcell
Certified Survey Map No. 3189, said line also being the West line of the Southeast 1/4 of
said Section 24; thence Northerly along said West line 1335.52 feet to the Northwest
comer of said Southeast 1/4; thence Northerly along the West line of the Northeäst 1/4, a
distance of30 feet more or less to the North right-of-way line of Boxhom Drive; thence
Page 1 of2
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Easterly along said North line 1,415 feet more or less, to the Westerly right-of-way line
of North cape Road; thence Northeasterly along said West line 2,298 feet more Of less,
thence Northwesterly along said West line 77 feet more or less to the Southerly right-of-
way line of Durham Drive; thence Northwesterly along said Southerly line 343 feet more
or less, to the extended East line of Parcel I, Certified Survey Map No. 7155; thence
Northerly along extended East line 127 feet more or less to the Southeast corner of said
Parcel I; thence continuing Northerly along the East line of said Parcell a distance of
895.44 feet, to the Northeast corner of said Parcell; thence Easterly along the North line
of a property identified by Tax-key No. 2212-999-00 I, a distance of 383 feet more or
less, to the Westerly line of a property identified by Tax-key No. 2212-995; thence
Northerly along said West line 250.00 feet, to the North line of said Parcel; thence
Easterly along said North line, 251.33 feet, to the centerline of Northcape Road right-of-
way; thence Southwesterly along said centerline 589 feet more or less, to the extended
South line of said North Cape Farms; thence Easterly along said South line 509 feet more
or less, to the Southeast line of said Subdivision; thence Northeast along said Southeast
line, 321.00 feet to the point of beginning.
Parcel 2
All that part of Southeast 1/4, and Southwest 1/4 of Section 13, and the Northeast 1/4,
and Northwest 1/4, of Section 24, all in Town 5 North, Range 20 East, in the City of
Muskego, Waukesha County, Wisconsin, bounded and described as follows:
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Commencing at the Southwest corner of Parcel 1, of Certified Survey Map No. 3641,
said point also being the point of beginning; thence Southerly along the West line of the
Northeast 1/4 of said Section 24 a distance of 1380 feet more or less, to the South line of
a property identified by Tax-key No.2254-999-002; thence Westerly along said South
line 622.50 feet to the West line of said Parcel; thence North.erly along said West line
865.34 fect; thence Northeasterly 157.08 feet along the arc of curve said center lying to
the Northwest, having a radius of 60 feet; thence Northerly along the West line of said
Parcel, 809 feet more or less to the North right-of-way line of Priegel Drive; thence
Easterly along said North line 396 feet more or less to the West line of a property
identified by Tax-key No.2211-997-001; thence Northerly along said West line, 284 feet
more or less to the South line of a property identified by Tax-key No. 2211-998; thence
Easterly along said South line 175.00 feet to the Northwest corner of Certified Survey
Map No. 708; thence Easterly along the North line of said Certified Survey Map a
distance of235.72 feet, to the West line of Parcel I, Certified Survey Map No. 1222;
thence Northerly along said West line 45.34 feet to the North line of said Parcell; thence
Easterly along the North line of Parcell, and Parcel 2, of said Certified Survey Map No.
1222, a distance of 400.00 feet, to the East line of said Parcel 2; thence Southerly along
said East line 360 feet more or less to the South right-of-way line of said Priegel Drive;
thence Westerly along said South line, 459 feet more or less to the East line of Parcel 1,
Certified Survey Map No. 3641; thence Southerly along said East line 373.77 feet, to the
South line of said Parcell; thence Westerly along said South line 175.00 feet to the point
of beginning.
(See Attached Map)
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Daniel Flamini, RLS #2486
Page 2 of2
) ) )
0
Scale: I
2,250
I
1,125
Prepared by City of Muskego
Planning Department
09/05/03
4,500 Feet
I
Exhibit B
13th Amended
WCA District Map
LEGEND
0 Proposed WCA Amendment 13
--.J Existing WCA District
L Property
N
+ N Right-of-Way