CCR2005168.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #168-2005
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)
(Fifteenth Amended 'WCA District)
WHEREAS, the Common Council of the City of Muskego, VVisconsin held a
public hearing at the Muskego City Hall at 7:20 PM on the 13th day of September, 2005
for the purpose of hearing all interested persons concerning the preliminary resolution
and report of the City Engineer on the proposed water capacity specia~1 assessments for
providing the availability of water service in the area described in dOGuments attached
hereto, made a part hereof and marked Exhibit "A" and Exhibit "13", 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 approvE~d.
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 assE~ssing 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 (VVCA 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 Muslkego. The water
capacity charge shall be as follows:
Reso. #168-2005
15th Amended WCA District
Page 2
. CateQorv 1
Properties that are connected to existing public water service prior to November
1, 2005, 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
pay $1062.00 per WCA unit. The assessment stated above shall be paid on or before
November 1, 2005, or if pUblic water service is not connected on or bE~fore November 1,
2005, the first November 1st after which public water service is connected. The
$1062.00 assessment per WCA unit will be increased by $36.00 per water capacity
assessment unit per year commencing on the 1 st day of January, 2006.
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.
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CateQorv 2
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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, 2005, and where there was no previous use of a private water
system. The assessment for said properties shall be $1770.00 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 $1770.00 assessment per WCA unit will be increased by
$60.00 per water capacity unit per year commencing on the 1 st day of "January, 2006.
5. That the assessments for those connecting to the City of Muskego water
system on or before November 1, 2005 may be paid in cash in full on or before
November 1, 2005, or in five (5) equal annuall 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, 2005, 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.
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All assessments for those connecting to the City of Muskego water system after
November 1, 2005, may be paid in cash in full on or before the first November 1 st 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 n3al estate taxes are due and annually
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Reso. #168-2005
15th Amended WCA District
Page 3
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 otheirwise 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.
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 13th
This is to certify that this is a true and accurate copy of Resolution #168-2005 which
was adopted by the Common Council of the City of Muskego.
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Published this 22nd day of September, 2005
CityHali :Assessments/15thAmendedWCAlFinaIResolution
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EXHIBIT "A"
November 12, 2003
15th Amended Legal Description for the
Water Connection Assessment (WeA) District
Being part of the Northeast 1/4, Southeast 1/4, Southwest 1/4, and the NOJ1hwest 1/4 of
the Southeast 1/4, of Section 5, Town 5 North, Range 20 East, in the City of Muskego,
Waukesha County, Wisconsin, bounded and described as follows;
Commencing at the Northwest corner of said Southeast 1/4, of Section 5; thence Easterly
along the North line of said Southeast 1/4 a distance of 1178.95 feet, to the point of
beginning; thence continuing Easterly along said North line 953.05 feet to the Northeast
corner of Lot 57, in Lakewood Meadows Addition No.2; thence Southerly along a
Easterly line of said Subdivision 424.00 feet to the Northwest corner of Lot 50, in said
Subdivision; thence Easterly along the a North line of said Subdivision 321.86 feet to the
West line of Lot 1 Certified Survey Map No. 4540; thence Southerly along said West line
110.00 feet to the North line of Lot 2 of said Certified Survey Map No. 4540; thence
Easterly along said North line 191.82 feet to the East line of said Southeast 1/4 Section;
thence Southerly along said East line 794.16 feet to the center line of Lembezeder Drive;
thence Westerly along said center line 198 feet more or less to the Easterly extended
property line of a property identified by tax -key no. 2180-980; thence Southerly along
said East property line 457 feet more or less to the South line of said prop4my; thence
Westerly along said South line 106.63 feet to the Northeast corner of Parcel 2 of Certified
Survey Map No. 9579; thence Southerly along the East line of said Parcel 2, a distance of
288.00 feet to the old Northerly right-of-way line of Gold Drive; thence Vl ester1y along
said right-of-way line 142 feet more or less to the: Northeast corner of Par Gel B, of
Certified survey Map No. 2289; thence Southerly along the East line of said Parcel B,
and Parcel A of said Certified Survey Map 2289, a distance of 187.91 feet; thence
Southeasterly along the Easterly line of said Parcel A, a distance of 56.41 feet, to the
Southeast corner of said Parcel A; thence Westerly along the South line of said Parcel A,
276.00 feet to the center line of Wetland Drive; thence Northerly along said center line 50
feet more or less to the Southeast corner of a property identified by tax-key no. MSKC
2180-979-002; thence Westerly along a South line of said property 315.05 feet to the
West line of a property identified by tax -key no. MSKC 2180-966; thence Southerly
along said West line 103.67 feet to a Southerly line of said property identified by tax-key
no. MSKC 2180-979-002; thence Westerly along said South line 200.00 fì~et; thence
continuing Westerly, along said South line 208.70 feet; thence continuing Westerly,
along said South line 552.00 feet to the East line of a property identified by tax-key no.
MSKC 2180-972; thence Northerly along said Ea.st line 179.2 feet, to the North line of
said property; thence Westerly along said North line 188 feet more or less to the center
line of Hillen dale Drive; thence Northerly along said center line 970 feet more or less to
the Southerly extended property line of Parcel 2 Certified Survey Map No. 3791; thence
Easterly along said Southerly line 354.71 feet to the Easterly line of said Parcel 2; thence
Northerly along the Easterly line of said Parcel 2, and Parcel10f said Certified Survey
Page 1 of2
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Map 3791, said Easterly line also being the Westerly subdivision line of Lake Meadows
Add'n. No.1, a distance of253.71 feet; thence 'Westerly along said Subdivision line
41.39 feet; thence Northerly along said Subdivision line 239.47 feet; thence Northerly
along said Subdivision line 440.31 feet; thence Westerly along said Subdivision line
10.21 feet; thence Northerly along said Subdivision line 222.05 feet to the: point of
beginning.
(See Attached Map)
Daniel Flamini, RLS #2486
Page 2 of2
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Scale: I
237.5 950 Feet
I
475
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Prepared by City of Muskego
Planning Department
11/11/03
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Exhibit B
15th Amended
WCA District Map
LEGEND
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D
Proposed WCA Amendment 15
Property N
+ N Right-of-Way