CCR1989069COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #69-89
FINAL RESOLUTION AUTHORIZING INSTALLATION OF WATER IMPROVEMENTS
AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
(Valley/Ann Drive Water Main Assessment Area -
Assmt. District WF, Project MW-7-89)
WHEREAS, the Common Council of the City of Muskego, Wisconsin,
held a public hearin at the City Hall at 7:OO p.m. on the 14th day of March, 1989, for the purpose of hearing all interested
persons concerning the preliminary resolution and report of the
City Engineer on the proposed water improvements within the area
persons who desired to speak at the hearing:
described below and shown on the attached map and heard all
All that part of the Southwest 1/4 of Section 9, Town 5
Wisconsin, bounded and described as follows:
North, Range 20 East, City of Muskego, Waukesha County,
All those properties that abut the following described
centerline; commencing at the intersection of centerline of
Janesville Road and Valley Drive; thence southerly along the
centerline of Valley Drive 600.45 feet more or less to the point
of termination, together with all those properties that abut the
following described centerline; commencing at the intersection of
centerlines of Valley Drive and Ann Drive; thence westerly along
the centerline of Ann Drive 370.00 feet more or less to the point
of termination, together with the parcel of land known as Tax Key
No. 2195.951 and described as W181 57718 Ann Drive.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of Muskego as follows:
1.
2.
3.
4.
That the report of the City Engineer and any amendments or
modifications thereto pertaining to the above-described
public improvements, including plans and specifications
therefor is adopted and approved.
That the City of Muskego has or shall advertise for bids and
shall carry out the improvements in accordance with the
report and any amendments or modifications thereto of the
City Engineer.
That payment for the improvements be made by assessing the
and any amendments or modifications thereto.
cost to the property benefited as indicated in the report
That assessments shown on the report and any amendments or
modifications thereto, representing an exercise of the
police power, have been determined on a reasonable basis and
are hereby confirmed.
a Resolution #69-89
Page 2
5. That Resolution #175-86, as amended, and Resolution #266-86
mains for the City of Muskego, which is hereby made a part
established an assessment policy for construction of water
of this resolution. Pursuant to Section 5.5 of said policy,
deferred assessments and installment payments shall be as
follows:
A. The properties which are subject to this assessment
shall be eligible for a deferred assessment on the following terms and conditions:
(1) Payment of the entire cost of the lateral on or
before the first November 1st after the final
assessment resolution or in two annual installments
with interest at 8% per annum on the unpaid balance
commencing on the first November 1st after the
final assessment resolution and said first
installment being due on the first date when real
those properties under Subsection (3)(c) of this
estate taxes are due and annually thereafter except
resolution dealing with deferrals, which shall pay the entire assessment as stated in (3)(c).
(2) The assessment (other than lateral charge or the
entire assessment for [3l[c] property) shall be
deferred until the occurrence of the first of the
following events:
(a) Election by an owner of the property affected
must be made in writing on or before the first
to commence payment of the assessment which
November 1st after water is available or is
deemed waived.
(b) Sale of any interest in the property.
(c) Upon issuance of a building permit for major
expansion of commercial or industrial property
which is an expansion costing a total of
$25,000.00 or more.
(d) As to unimproved property, upon issuance of a
building permit as to that portion of the
property being improved.
(e) On connection of the property to the water
system on or before the first November 1st
after water is available to the property.
-
0 Resolution 1/69-89
Page 3
(f) On connection of the property to the water
water is available to the property, but only system after the first November 1st after
if connection is voluntarily made, made for a
reason now requiring connection under the
present City ordinance or connection made
because of a future governmental requirement
other than a requirement imposed solely at the
discretion of the City of Muskego.
(3) Upon the occurrance of the first of the above
assessments shall be paid as follows:
events referred to in Susection (2) above, the
(a) As to occurrence (d), prior to issuance of building permit.
(b) As to occurrence (b), upon sale.
(c) As to occurrence (a) or (e), on the first
November 1st after said occurrence or in ten
(10) annual installments with interest at 8%
per annum on the unpaid balance commencing on
assessment resolution and said first
the first November 1st after the final
installment being due on the first date when
real estate taxes are due and annually
thereafter.
(d) As to occurrence (c) or (f) , on the first
November 1st after the occurrence or in ten
(10) annual installments with interest at 8%
per annum on the unpaid balance commencing on
the first November 1st after connection and
said first installment being due on the first
annually thereafter.
date when real estate taxes are due and
(4) That there shall he interest charged on all
deferred assessments at the rate of 8% per annum on
the unpaid balance from the first November 1st
after the final assessment resolution. This shall
be the initial rate for the first five (5) years
and shall continue to be the interest rate until
paid except that the City shall review the interest
said rate at any time after the initial five years.
rate after five years and may make adjustments in
.0 Page 4
Resolution #69-89
(5) In any event, all assessments or installments which
are not paid by the date specified above shall be
extended upon the tax roll as a delinquent tax
against the property and all proceeds in relation
to the connection, return and sale of property for
delinquent real estate taxes shall apply to such
special assessment, except as otherwise provided by
statute.
6. 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.
DATED THIS 28th DAY OF March , 1989.
CITY OF MUSKEG0
WAYNE G. SALENTINE, Mayor
I ATTEST :
City Clerk
3/89
jz
PUBLISHED: April 13, 1989
.. :g
'50.
.Y .
:u .
4"
VI ?
"._.-I- " ." with the parcel'bf land' known as T&- Key
No. 2195.951 and desciibed as W181 S7718
Ann Drive.
NOW, TI$EREFORE, BE IT RESOLVED
by the Cbmmon Council of the City of,
Muskego.as follows:
1. That the report ofthe City Engineer and
any. amendments or .modifications thereto
pertaining tb thi.' abbv&de&ribed public
improvements, includi,@,plans.and.specifi-
-._
. eations therefor^ is adopted and approved. -
ddvkrtiie for bids and:~shall carry out the
2...That the.jty of,Munkego has or shall.
i&ov&ent6 iG-iccordanee iiith the rewrt:
-
ClTY OF niVSkEC0
.,
i- .~C - c.
.COMMON COUNCIL.
RESOLUTION # 69-89 ,. .
CITY OF MUSKEG0
FINAL. RESOLUTION AUTHORIZJNG
INSTALLATION OF WATER IMPROVE-
MENTS AND LEVYING SPECIAL
AsSESSMENTS AGAINST BENEPTPED
PROPERTY (ValleyIAnn Drive Water Main
Assessment Area" ksamt. Disiriet WF.
pioject MW-7-89)
City of Muskego. Wiseonsin, held' a public
WHEREAS, the Common Council bf the
hearing at.the City Hall at 7:OO P.m. an the
hearing all interested .persons. concerning
14th day of March. 1989, for the purpose of
the preliminary fesolution.and report of the
City Engineer, on.,the ,proposed water
impravemen* within the area aescribed
below and shown on the-attached map and
the hearing:
heard dl persons who desired to speak at
S&on 9, Town 5 North, ,Range 20 Emt, All that part of the Southwest 114 of
City of Muskego, Waukesha'Co'knty, Wis.
.consin. bounded.and described m.follows:
ingdescribed'centerline;.c?mmencingat the 'All those properties that abut the follow-
mid Valley Drive;,then&.aoutherlyalong the
intersection of centerline 6f.Janesville Road
centerline of Valley Drive 600.45 feet more
or lesa to the point of termination, hiether
with all those propertikg that. abut -the
atj the.iniersection of centerlines of Valley
following describid centerline; .iomi&ncing
Drhe and Ann Drive; thence wbaterly&ng
+harPntnr~inn nf nnve 9711 on f-~, moTe
- __.
:shall pay.the entim akeeynent as stated in
(3XC). " - ' '~ -. . ;INSERT-& HERE
(2),.The assessment ;(other 'than lateral !
char&or',the:,entiri. aisesmnent for [31[c]
prop+y).:ahaIl be 'defhrrkd until the ~CUF
rence of-the.fiiist-~the~lt~~~~ve~t~-, . (a) Election'.by ari bwner of'thk bio&y
affected to 'cornmehe payment bf, the.
assessment which.must be made in writing
on or. before the fist November 1st &r
i (b).Sale of any interest in the property.
(e) Upon inauance.of e',building permit for
major:expansion of cimemrcial or industrial,
total of $25,000.00 or mbre.
pfoperty wliich is an expansion meting ti
(dl An Lo .wimproved property..mpon
issuance. of a, building-perrqit-as to. that
portion of'the property being'improved.
(e) On conneciion 'of the property to the
,water system on.~qr before the Kist Noyeni-
'ber 1st after. water is available to ~thd
(0 'On connection of jh~. p~pcrty,,~to the
{pater syntem~..after the>.NovSmber 1st
.aRer waterJis available'to the proper&yi.but
only, if,mnnection is'voluntarily made, made
ifor a reason now requiring connection undei
.{he ,present"City ordinance or connection
made because. ,oE~ a future governmental,
'requirement other than a requirenient
Muskeeo.
imposed solely at the discretion of the City of
: water:is available or is deemed waived.
property. ..
:determilled specfically,by Resolution X-69-
'-%9.frovided by Sectio&66.5+ of the Wiricon-
!;pin,Statutes, Gith interest,thereon at'eight
percent'(8%) per year, that all-assessherits
;:eligible for installments,will be F?llected in
rinstel!ments aa ab$ provied <xc?pt such
assessments on property. wherethe.owner of
- ,> written:,n&ic& thaC,c elects td 'pay the I
t 'the. same shall filq,wjth the Cit);.Clerk a
' ijng the'sme, .E the City,'T<easurer on or
befoerNovemiierl,,1989,.or,Novemberlatof
a'later year m'deterpiheil by .Resolution
propertyoy,Le< fails to hake the payment to
X 69-89:df aRer,making.iuc6-6lection said
.place the ,entire assessment on the next
,the City Tre,aeurer, .the 'City Clerk shall
" +cialajaessment on his properly. describ-
,of building bermit.
(b) Aa.tbaccurrence (b), upon sale.
(c) As,@tqoCcurrance (a) 6r (e), an the first ~
NovemGFlst aFtei said occuTnce'br in ten :
(10) annual installments with interest a 8% ;
ing on the first November 1st aRer the final ' per annum on the unpaid balance commenc-
, a~sessment resolution-and baid first install-
ment, being due on the first date when real i
ter.
{state taxes are due and annually thereaf-
td) As to occurrence (e) or (0. an the first
November 1st~aRer the Currence ar-imten
(10) annual installments with interest at 8% 1;
'per annum on the unpaid balance cornh?ne-
ing on, the first November 1st.after bonnet-. ,.!
tion ani said first installment being due 0" , ,
the fifnt date when real egtate taxes are die
mid annually thereafter.
(4) That there shall intereet'charged on ,
all deferred .assLasm&ts at the rate of 8%
pr mnUm:on. theunpaid balance from the,
.first.November 1st a&r the final.sssesa-
in'ent regolutibh. This atiall:be th8 initial rate..
I
CITY OF MUSKEGO
ASSESSMENT POLICY
FOR CONSTRUCTION OF WATER MAINS
1.
2.
3.
The basis for water main assessments shall be the assessable
linear footage of frontage of each benefitted property within
an assessment district, computed as per the following
requirements.
Water main and appurtenances assessable and non-assessable
costs.
A.
B.
C.
D.
The
A.
The front foot assessment for residential, commercial and
equivalent size water main required to serve the
industrial zoned properties shall be based on the
respective assessment district in accordance with
Sections NR 111 and PSC 185 Wisconsin Administrative-Code
district. The assessment rates shall be as determined
to service all properties within the assessment
accepted by the Common Council, unless actual cost per
from time to time by the Public Utilities Committee and
shall be the lessor amount. Water mains in public right-
linear foot of frontage is less, then the assessment
of-ways and within easements shall be assessed back to
the respective assessment district as directed by the
City.
Assessable water main costs shall include the total costs
stations for area-wide pressure improvements as required
for water mains, valves, hydrants, pressure booster
by state agencies, and related appurtenances. Costs
costs such as pavement repair and landscaping and
involving inspection, engineering, legal, restoration
necessary administration costs to complete a project
shall also be assessed back to the respective assessment
district.
Non-assessable costs with respect to frontage assessments
reservoirs, system controls, pressure reducing valves,
include main oversizing, pump stations, water towers,
pressure reducing stations and wells.
residences are to be paid for by the property which is
Individual pressure booster systemfor individual
served by the individual system.
assessable linear footage shall be determined as follows:
For corner lots:
1) If the water main is installed in both streets, add
the two side dimensions and divide by two.
Assessment Policy for Construction of Water Mains
Page Two
2) If the water main is installed in one street only and
the owner is not given his option for the lateral
location, use the side dimension where the water main
short side.
is installed regardless of whether it is the long or
3) If the owner is given his option for the lateral
certain design decisions for the project the water
location and as a result of his decision along with
main is not installed on one of the sides, the
assessable frontage shall be figured as per Item 1 of
this section for corner lots.
B. On lots with frontage on three streets, use the longest
and shortest side and compute as a corner lot.
C. On lots with frontage on two streets, use frontage on one
street only if the lot cannot be subdivided into an
additional lot or lots complying with the present zoning
ordinance.
D. For lots on cul de sacs, use the chord dimension at the
building setback line as measured tangent to the curve as
its mid-point, if said setback line is formed by a curved
line.
E. For lots on curves with an exterior angle over 45' as
measured between the side lot lines of each lot, use the
chord dimension at the building setback line for the'
inside lots on the curve.
F. On large tracts of land which are on corners, assume a
ordinance and apply the corner lot policy. The balance
future corner lot that complies with the present zoning
of the frontage shall be considered at full linear
footage. Deferment of assessments for large tracts of
land will be reviewed by the City on an individual basis
upon a written request for deferment by the respective
property owner.
G. When a water main passes a large tract of land that would
be eligible for deferment, the homesite will be assessed
minimum width required by zoning.
for the number of feet that would be required on the
H. Lots which do not meet the above criteria will be handled
on an individual basis; as each special situation is
decided, it will become policy for future decisions of a
similar nature.
Assessment Policy for Construction of Water Mains
Page Three
4. Water laterals will be assessed back to each respective 0 property for the entire expense on a unit or lump sum basis
when installed within streets.
A. In the event that watermains are extended to serve new
development and that the length of the water laterals for
the development creates a higher than normal cost for
existing residence, the development shall be assessed for
be based upon a unit or lump sum basis for each lot to be
the additional costs of the laterals. These costs shall
developed. This policy shall apply when the development
cul-de-sacs or in areas where the cost of water lateral
causes the installation of longer than normal laterals in
per cent of the average cost of all water laterals for
service to the parcels to be developed is greater than 10
the project.
2
5. Deferred Assessments -- Special assessments for water
improvements levied upon agricultural lands which are
actually devoted to agriculture or farming purposes and are
not used for any other purposes shall be deferred on the
following basis:
A. If no use of the improvement abutting the agricultural
land is made within five (5) years from the date of the
final assessment resolution, said assessment shall not be
due and payable until the expiration of five (5) years
from the date of the final resolution making the levy, as
finally amended or confirmed by the Common Council unless
further extended by the Common Council. That said
assessment shall bear interest at the rate established by
the final assessment resolution from the first November
1st after the date of the final resolution. That said
resolution for deferred assessments and if there is no
interest rate will be that established in the final
shall be the same as that established for installments
separate rate established for deferred assessments, it
and if there is none established for either deferred
assessments or installments, it shall be at the rate of
8% per annum.
B. If within five (5) years from the date of the final
resolution said land is used for other than agricultural
or farming purposes and any use of the improvement is
made, the assessment will become due and payable in full
upon the next installment payment date for said district
in which said property lies as determined by the final
made if there is no installment date in said district,
resolution or the first November 1st after said use is
and interest established by the final resolution shall be
charged from the first November 1st after the date of the
L
Assessment Policy for Construction of Water Mains
Page Four
established in the final resolution for deferred
final resolution. That said interest rate will be that
assessments and if there is no separate rate established
established for installments and if there is none
for deferred assessments, it shall be the same as that
established for either deferred assessments or
installments, it shall be at the rate of 8% per annum.
If within five (5) years from the date of the Final
Resolution a parcel of said land is divided by certified
survey or final subdivision plat, is used for other than
agricultural or farming purposes and any use of the
improvement is made, the City, at its sole option, may
which less thaq the entire assessment might be paid when
negotiate with such a property owner an agreement by
only a portion of the property is used for other than
agricultural or farming purposes and any use of the
improvement is made.
C. kny assessment deferred pursuant to this resolution may
nevertheless be prepaid upon the same terms as
installment assessments are allowed to be prepaid and as
provided for in the final assessment resolution.
5.5 Additional Deferred Assessments -- In addition to Paragraph 5
above, the Common Council of the City of Muskego may make
additional deferrals as to such special assessments when the
Common Council determines additional deferrals would be just
and equitable under the particular circumstances.
6. Controlled Access Water Mains -- There is established a
controlled access water assessment policy as follows:
A. Unless this policy is amended, no front foot water
assessments will be made against properties under either
of the following conditions:
1) Because of any hardship approved by the Public Water
Committee no lateral connection can reasonably be
made, or
2) Because an additional water main will be constructed
which will be the direct source of water service to
the property in question in that the laterals to the
property will come from the water main to be
constructed and that laterals will not be connected
to the water main for which no front foot water
assessment will be made, or
. r. Assessment Policy for Construction of Water Mains
Page Five
B. If any event, if a direct connection is ever made by
assessment has been made, a charge will be made based on
lateral to the water main for which no front foot water
of equivalent width.
the equivalent cost of installing a water main for a lot
MCC:M-WaterP jz
Adopted 8/12/86 - Resolution #175-86
Reconsidered and Amended 9/9/86 - Resolution #175-86, as amended
Amended 11/25/86 - Resolution 11266-86
Amended 5/23/89 - Resolution #68-89, as amended