CCR19841692 ._
RESOLUTION 8169-84
FINAL RESOLUTION AUTHORIZING AREA WIDE RESERVE CAPACITY
ASSESSMENTS FOR SEWER SERVICES UNDER WISCONSIN
STATUTE 66.60 AND LEVYING RESERVE CAPACITY SPECIAL
ASSESSMENTS AGAINST BENEFITED PROPERTY -4
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WHEREAS, the Common Council of the City of Muskego,
Wisconsin, held a public hearing at Muskego High School at 7:OO
p.m. on the 9th day of May, 1984, 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 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 reserve capacity for sewer service, 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 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 power as per Section 66.60(1)(b), Wis. 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 report, including any amendment or modifications
thereto as adopted by the City of Muskego. The reserve capacity
charge shall be as follows:
Existing Users
Property owners whose improved lot has been connected
to City sewer prior to January 1, 1985 will pay a
reserve capacity assessment of $250 per residential
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equivalency connection.
Properties being served prior to public sewer
will pay this assessment on or before November 1 in
connection by septic system, mounds and holding tanks
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 $250 assessment shall increase by $22.50 per
residential equivalency connection per year commencing
January 1, 1986.
Future Users
Properties where public sewer connection takes place
or additional capacity is made available after
January 1, 1985 and which are not being served by a
septic system, mounds or holding tank, will pay a
equivalency connection on or before November 1 of the
reserve capacity assessment of $1,500 per residential
year of connection or the year when additional
capacity is made available except if said connection or
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, 1986.
5. That the assessments for those connecting to the City of 0 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,
1984 or in five (5) equal annual installments of principal
together with 12 months interest per installment at the rate of
9% per annum on the unpaid balance commencing on November 1, 1984
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.
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Future users may pay their assessment in five (5) equal
annual installments of principal together with 12 months interest 6 per installment at the rate of 9% 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 B 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, 1985. 0 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.
WAYNE G. SALENTINE, Mayor
ATTEST:
CHARLOTTE STEWART, Clerk
Reserve Capacity Sewer Project
August, 1984, Muskego, WI
INSTALLMENT ASSESSMENT NOTICE
NOTICE is hereby given that the contracts have been or are
about to be entered for Reserve Capacity Sewer Projects and that
the amount of the special assessment therefore has been
determined as to each parcel of real estate affected thereby and
proposed to collect the same in five (5) installments, as
a statement of the same is on file with the City Clerk; it is
provided for by section 66.54 of the Wisconsin Statutes, with
annual interest thereon at nine (9%) percent per year. The owner
can elect to pay the special assessment on his property,
November 1, 1984 or November 1 of a later year as determined
describing the same, to the City Treasurer on or before
pusuant to City of Muskego Resolution #169-84. If said property
Clerk shall place the entire assessment on the tax roll.
owner fails to make the payment to the City Treasurer, the City
Dated this 28th day of August , 1984.
Charlotte L. Stewart
City Clerk
CITY OF MUSKEG0
EXllIblT "A"
WUSKEGO AREA UlDE RESERVE CAPACITY
ASSESSMENT DISTRICT
LEGAL DEXRIPTION
All that part Of Sections 1, 2, 3. 4, 5. 7, 8. 9, 10, 11. 12.
11, 14, IS. 16. 17. 18 and 21, Town 5 North, Range 20 East. and
of Muskego, WdULeShd County. wisconsin, bounded and described as
that part Of Section 13, Tom 5 North, Range 19 East, city
t 01 lows :
Commencing at the ~orthre~t corner ot the Northeast quarter
Sectlon of Section 5, ~anqe 5. Township 20; thence Easterly
along the Northern corporate 1lWlts Of the City Ot Muskego LO
the Northeast corner ot the corporate limits; thence Southerly
along the Eastern corporate Imlts ot the City ot Muskego to
North Cape Road; thence Southwesrerly along North Cape Road LO
Schdeter Road; thence uesterly along Schdeter Road to the
hestern end of schaeter Road; thence Northerly approximately 568
teet to a point: thence Easterly approxrmately 145 feet to a
point: thence northerly approximately 167 feet to a point
intersecting the North line of the Southeast quarter section of
Section 13; thence westerly along the North line of the
Southeast and soutnrest quarter sections of SectLon I3 to a
polnt approximately 390 teet uest of the intersection ot Durham
DrlVe and nolt ~r~ve; thence southerly approximately 1340 feet
aionq the Eaat property line ot the yroprrcles on tha east aide
ot Holr Drlve to a po~nt South ot HOIZ DrIve; thence west to a
point of intersection with the East llne of the Southwest
quarter section of Section 14: thence South along said section
section 14; thence Westerly along the South lines of Sections
line to the sourheaat corner ot the SOUthuest quarter section ot
14. I5 and 16 to Racine ~vcnue: thence Southerly along the
Eastern property line ot ~uskeqo nlqn School; thence hesterly
along nuskeqo nigh Schools southern property Ilne: thence
wuoda Road; thence westerly alony wooas' Yoad to the Southeast
northerly .Ion0 muahego ~tgh schwt'm westnrn property line to
corner of the southwest quarter aectlon of SectLon 17: thence
Uesterly approximately 1310 teet to a point: thence Northerly
approximately 430 teet to ucuds Roao: thence continuing
Northerly along woods Road to the Yiscons~n Electric Power
Southwesterly along the Wisconsin Electric Power Company
rlght-ot-uay to the intersectlon with Janesvllle Road: thence
continuing southwesterly along Janesvrlle Road LO the
~ncersectlon wlth the HSC lrne ot the Southwest quarter SectLon
ot Section 18; thence along the southern, hestern and Northern
quarter SeCtlOns of Sect~on I] ln Town 5, PanGe 19. whlch WdS
DOunddCleS Ot the property ~n tne SouCnedst dn0 northeast
annexed by the City of muskego. to the Northuest corner ot
section 18, Torn 5, Range 20: thence along the Northern line ot
SectLon 18 to the intersection with the HlllenOdle Drive; thence
Northerly and Northeasterly along Hillelldale Drive to d point
approximately 250 feet northeast ot the incersectlon ot
Hlllendale Drive and ~ield orive; thence uortherly dppronlnately
I165 teet to a point: thence Westerly d~~roxlmately 110 teet to
a point; thence NortherIy approsrmdtely 1JlV teet to the
Lntersectron w~tn the south line ot Sectron 5: thence uesterly
dpprouimately 890 feet to a pornt; thence Northerly
approximately 820 feet to a point: thence Northeasterly
approximately loo feet to a point; thence Easterly approximately
4UO teet to a point: thence Northerly approximately 1330 feet to
a point interscctrng the northern corporate limits of the Clty
sectLon ot Sect~on 5: thence Easterly and Northerly along the
01 Muskeqo~ along the ~orth llne ot the soucnwest quarter
coryorate limits to the polnt ot Deqlnnlnq, said polnt bernq the
Northweat c0rn.r of the NOCC~~~~L quarter 6ectron ot sectlon 5.
The exact locaclon ot tne assessment Doundacy I~no tor areas not
along the corporate IIWI~S IS shown on cdddstrJI maps on tlle dt
the Clty Of Mustcpo City Hall.
Company right-Of-Way Just South Of JdneSVllle ROdd; thence
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