CCR2008177-17th WCA
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #177-2008
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)
(Seventeenth Amended WCA District)
WHEREAS, the Common Council of the City of Muskego, Wisconsin held a
public hearing at the Muskego City Hall at 7:30 p.m. on the 23rd day of September,
2008 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:
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 §66.0703,
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:
Category 1
Properties that are connected to existing public water service prior to November
1, 2008, 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 $1170.00 per WCA unit. The assessment stated above shall be paid on or before
November 1, 2009, or if public water service is not connected on or before November 1,
st
2008, the first November 1 after which public water service is connected. The
Reso. #177-2008 Page 2
17th Amended WCA District
$1170.00 assessment per WCA unit will be increased by $36.00 per water capacity
st
assessment unit per year commencing on the 1 day of January, 2009.
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.
Category 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, 2008, and where there was no previous use of a private water
system. The assessment for said properties shall be $1950.00 per WCA unit. The
st
amount of said assessment shall be paid on or before the first November 1 after public
water service connection. The $1950.00 assessment per WCA unit will be increased by
st
$60.00 per water capacity unit per year commencing on the 1 day of January, 2009.
5. That the assessments for those connecting to the City of Muskego water
system on or before November 1, 2009 may be paid in cash in full on or before
November 1, 2009, 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, 2009, 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
st
November 1, 2008, 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 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 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
Reso. #177-2008 Page 3
17th Amended WCA District
appears on the assessment roll whose post office address is known or can with
reasonable diligence be ascertained.
DATED THIS 28TH DAY OF OCTOBER , 2008.
________________________________
John R. Johnson, Mayor
This is to certify that this is a true and accurate copy of Resolution #177-2008 which
was adopted by the Common Council of the City of Muskego.
________________________________
Janice Moyer, City Clerk-Treasurer
Published this 6th day of November, 2008
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