CCR1992029COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #29-92
AREA-WIDE RESERVE CAPACITY ASSESSMENT FOR DEBT SERVICE
FINAL RESOLUTION AUTHORIZING
FOR SEWER SERVICE UNDER 566.60, WI STATUTES,
AND LEVYING RESERVE CAPACITY ASSESSMENTS (RCA)
AGAINST BENEFITED PROPERTY
e
WHEREAS, the Common Council of the City of Muskego, Wisconsin,
held a public hearing at City Hall at 7:OO p.m. on the 16th day
of September, 1991 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.
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.
part of the cost to the property benefited as indicated in the
report and amendments and modifications thereto.
3. That payment for the said capacity be made by assessing
4. That assessments shown on the report, including any
amendments or modifications thereto, do represent an exercise of
been determined on a reasonable basis and are hereby confirmed.
the police powers as per Section 66.60(1)(b), Wis. Stats., have
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 of modifications
thereto as adopted by the City of Muskego. The reserve capacity
charge shall be as follows:
Existinq Users
property owners whose improved lot has been connected to
Cit; sewer prior to January 1, 1992 will pay a reserve
capacity assessment of $340 per residential equivalency
connection. Properties being served prior to public sewer
connection by septic system, mounds and holding tanks will
pay this assessment on or before November 1 in the year the
plumbing permit is obtained to connect to the sewer except
year, the assessment will be paid on or before November 1
if said permit is obtained after November 1 in any calendar
of the next calendar year. This $340 assessment shall
per year commencing January 1, 1992.
increase by $22.50 per residential equivalency connection
Resolution #29-92 Page 2
Future Users
ProDerties where public sewer connection takes place or
additional capacity is made available after January 1,
1992, and which are not being served by a septic system,
mounds or holding tank, will pay a reserve capacity
assessment of $2040 per residential equivalency connection
year when additional capacity is made available after on or before November 1 of the year of connection or the
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, 1992.
5. That the assessments for those connecting to the City
of 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, 1992, or in five (5) equal annual installments of
principal together with 12 months interest per installments at
the rate of 9% per annum on the unpaid balance commencing on
November 1, 1992 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.
0
Future users may pay their assessment in five (5) equal
annual installments of principal together with 12 months
on November 1 in the year of connection or in the year
interest per installment at the rate of 9% per annum commencing
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
tax against the property and all proceedings in relation to the
specified shall be extended upon the tax roll as a delinquent
collection, return and sale of property for delinquency real
estate taxes shall apply to such special assessment, except as
otherwise provided by statute.
0 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, 1992.
Resolution #29-92 Page 3
Class I Notice in the assessment district and mail a copy of
7. That the City Clerk shall publish this resolution as a
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 JANUARY , 1992.
SPONSORED BY:
Mayor Wayne G. Salentine
This is to certify that this is a true and accurate CODY of
Cit Clerk 2-/1 QU&
a- - ao-42 CITY OF MUSl3EGO Official Notice
R*lsnl.lmnN Y29-92 "_ - - - - - - -. . . " - -
FINAL RESOLUTION AUTHORIZING
AREA-WIDE RESERVE CAPACITY AS-
SESSMENT FOR DEBT SERVICE FOR
EFITED PROPERTY WHEREAS, the-Common Council of the
City of Muskego, Wisconsin, held a public
hearing at City Hall at 700 p.m. on the 16th
day of September. 1991 for the purpose of
hearingall intereatadpersons concerningthe
preliminary resolution and report of the City
Engineer on the proposed reserve capacity
special assessments for providing the availa-
bility of sewer capacity in the area described
in docnmenta 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 Mu-
skeg~. as follows:
taining to the above described reserve capac-
1,ThatthereportoftheCityEngineerper-
ity for sewer service. including any amend-
ments and modifications thereto, and includ-
ing plans and specifications, is adopted and
approved.
tise for bids and cany out the improvements
2. That the Common Council shall adver-
in accordance with the report and any
amendments or modifications thereto of the
City Engineer.
3. That payment for the said capacity be
madebyassessingpartofthecosttothepmp-
erty benefited as indicated in the report and
amendments and modifcations thereto.
including any amendments or modifications
4. That eaaeasmenta ahown on the report,
thereto. do represent an exercise of the poliee
powers M per Section 66.60 (1) (b). Wis.
Stats.. have been determined on a reasonable
basis and are hereby confirmed That the
number ofresidential equivalencyunita tobe
termined as stated in the City Engineers re- assigoed for future development shall be de-
port, including any amendment of modifica-
tions thereto as adopted by the City of Mu-
skego.ThereservecapacitychargeshaUbeaa
fOIlOW8:
Existing Users
F'mperLy owners whose impmved lot has
beenmnnectedtoCitysewerpriortoJanuary
ment of $340 per residential equivalency con-
1, 1992 will pay a reserve capacity asnena-
nection. Pmperties being served prior to
public sewer mnnection by septic system.
mounds and holding tanka will pay this an-
sessment on or before November 1 in the year
the plumbing permit is obtained to connect to
the sewer except if said permit is obtained af-
ter November 1 in any dendar year. the as- sesment will be paid on or before November
ment shall increase by $22.60 per residential 1 ofthenext calendar year. This $340 a~sess-
January 1,1992.
equivalency connection per year commencing
Future Users
Roperties where public sewer connection
available after January 1. 1992. and which
takes place or additional capacity is made
are not being served by a septic system.
moundsorholdingtenk,willpayareserveca-
pacity assessment of $2040 per midentiel
equivalency connection on or before Novem-
ber 1 of the year of connection or the year
when additional capacity is made available
assessment will be paid on or before Novem- after November 1 in any calendar year. the
,-. ,.
-
ber 1 of the next calendar year. This reserve
capacity aesesament will increase by $135
each January 1 commencing on January l.,
1992.
6. That the assessments for those connect-
before the dates oi passage of this resolution
ing to the City of Muskego sewer system on or.
may be paid in cash in full on or before
November 1.1992, or in five (6) equal annual
installments of principal together with 12
months interest per installments at the rate
of 9% per annum on the unpaid balance mm-
mencing on November 1.1992 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 ex-
tended upon the tax roll as a delinquent tax
against the property and all pmedings in
relation to the collection. return and sale of.
property for delinquency real estate. taxes
shall apply to such special assessment. ex-
cept an otherwise provided by statute. Exist-
ing users as defined above who are not con-
nected will be given the five installment
method provided, however, the first inatall-
ment shall be due and payable on or before November 1 in the year the plumbing permit
is ismed except if said permit is obtained af-
ter November 1 in any calendar year. the as-
sessment will be paid on or before November
1 of the next calendar year. Future users may pay their asseasment in
five(6)equalannualinatallmentaofprincipal
together with 12 months interest per install-
ment et the rate of 9% per annum commene
ing on November 1 in the year of cnnnedion
or in the year additional capacity is made
available except if said connection or addi-
tional capacity is made available aRer
November 1 in any calendar year, then com-
mencing on November 1 of the next calendar
year and said first installment being due on
the date when real estate tax- are due and
annually thereafter. All assessments or in- .
atallmenta which are not paid by the date
specified shall be extended upon the tax roll
as a delinquent tax against the property and
rem and sale of property for delinquency,
all proceedings in relation to the collection.
real eatate taxes shd apply to such speeiall
assessment. except as otherwise pmvided by,
statute. ;* 4=... 6.. That .d .reserve.'capacity aseesments.
are deferred 88 stetad in Paragraph.4 Ofthis SZ3iuW6d%W6iY~s and condiths ki ...
tio~ made prior to January 1. 1992. .; .,.".. ~
stated therein 'except those sewer .annee"
7. That the City Clerk shall publish this re-
solution as a Class I Notice in the assessment
district and mail a copy ofthis resolution and
a statement of the final asseament against
the benefited property to every property owner whose name appears on the assess-
ment roll whose post 05- address is known I
or 'een with reasonable diligence be.
asm-ed.
DATED THIS 28TH DAY OF JANUARY,,.
1992.
IdMavor Wame G. Salentine
SPONSORED By:
This is to certify thni this iia true and am-
rate.'mpy of Resolution 1129-92 wbicb WM
adopted by the Common Council ofthe City of
Muikcgo. 'IdJean K Mmda
STATE OF WISCONSIN )
Milwaukee Counly )
) ss.
. ~ ,
CITp OF BlIJS~~
offmotice t
Judith Ziolkowshi being duly sworn.
doh depose and say lhal he is an aulhorized representative of
The . J~IL.~~CR~J,~~I~I.. ......................
a newspaper published al ... Muskego. ..............
Wisconsin and !hat an adverlisemenl of which the annexed is a
ltue copy, laken lrom said paper, was published therein on
...........................
........ .m.2 .(iJ .&jSZ ....... . ...........................
...........................
........................... - n ......
(Signed) .....
BOOKKEEPER,
Subscribed and sworn lo before me lhis .....
My Conmission expires: ... .APRIL 31. 19.93
-
EXHIBIT "A"
CITY OF MUSKEGO RESERVE CAPACITY ASSESSMENT DISTRICT
SOUTHEAST AREA FACILITIES PLAN
All that part of Sections 13, 23, 24, 25, 26 and 35, Town 5 North, Range 19 East,
City of Muskego, Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the intersection of the centerline of North Ca e Road and the East
Corporate Boundary of the City of Muskego; thence 8 outherly along said centerline to the intersection of centerlines of North CaDe Road and Schaefer
Road; thence West to a point 400' West of and perpendicular to the centerline
C.T.H. 00 (North Cape Road);
thence South along a line 400' West of and perpendicular to the centerline of
C.T.H. 00 to a point 400 feet North of and perpendicular to the North line of Section 24;
thence West along said line to a point 400' West of and perpendicular to Durham
Drive;
to a point 400' West of an perpendicular to C.T.H. 0; thence Southeasterly along a line 400' West of and erpendicular to Durham Drive
thence Southerly along a line 400' West of and perpendicular to a point 300' North of the South line of Section 24;
thence West along a line 300' North of the South line of Section 24 to a point 300'
East of the West line of Section 24;
thence North along a line 300' East of the West line of Section 24 to a point 300'
North of the South line of the North half of Section 24;
thence West to the East shore of Big Muskego Lake;
the West line and 900' North of the South line of Northwest Quarter (NW 1/4) of
thence Southwesterly along the shore of Big Muskego Lake to a point 700' East of
Section 26;
thence Southeasterly to a point on the North line of the South half of Section 26 and 1000' East of West line of said section;
thence South along a line 1000' East of the West line of Section 26 to a point 400'
North of the South line of Section 26;
thence West along a line 400' North of the South line of Section 26 to the West line of Section 26;
thence South along the West line of Section 26 and 35 to a point 400' South of the North line of Section 35;
thence East along a line 400' South of the North line of Section 35 to a point 1000' East of the West line of Section 35;
08/07/9 1
-1-
08/27/91 Revised 13-89035
IY
0 thence South along a line 1000' East of the West line of Section 35 to a point 400' South of and perpendicular to Loomis Drive;
thence Northeasterly along a line 400' South of and perpendicular to Lnornis Drive
to a point 400' South of and perpendicular to S.T.H. 36 (Loomis Road),
thence Northeasterly along a line 400' South of and erpendicular to Loomis Road
to the East Corporate Boundary line of the City of bf uskego;
thence Northerly along the Corporate Boundary of the City of Muskego to the point of beginning.
08/07/91
-2-
08/27/91 Revised 13-89035
~
CITY OF MUSKEGO RESERVE EXHIBIT 'A"
SOUTHEAST AREA FACILITIES PLAN CAPACITY ASSESSMENT DISTRICT
All that part of Sections 13.23.24.26.26
and 36, Town 6 North, Range 19 Enat, City of
Muskego. Waukenha County, Wiseonain,
bounded and described as follows:
terline ofNorth Cape Road and the East Cor- Commendng attheintersection ofthe cen-
prate of the City of Muskego: ,
thenee Southerly along said centerline to the
interdon of centerlines of North Cape
Road and Schaefer Rosd; thenee West tu a
point'400'.West of and perpendicular to the
centertine C.T.H:OO (North Cape Road); thence South along a line 400' Went of and
perpendicular to the centerline of C.T.H. 00
toapoint400feetNorthofandperpendicular
to the North line of Section 24;
west of and perpendicular to Durham Drive;
thence West along said line to a point 400'
Weatof and perpendicular to Durham Drive
thence sOutheaaterly.along, a .be 400'
to a point 400'West of an perpendidar to
C.T.H. 00;' '. .: thence Southerly.dong a line 4OO'.weSt Of
andperpendiculartoapoint30O'Northofthe
South line of Won 24;
SouthlineofSeetion24toapoint300'Eantof
thence West along a line 300 North Of the
the Went line of Section 24; thence North along a line 300' Enst Of the WestlineofSection24toapoint300'Northaf
the South tine of the North half of SecGm 24;
akego Lak4 thence Weat to the East ahm.ofBig MU-
thence sOuthwesterly. along the shore of
Big Muakego Lake to a point 700' Eaat of the
Wed line and 900' North of the South line of
Northwest Qwrtm (Nw 114) of Section 28;
North line ofthe South Wof Section 20 and
thence Southeasterly to a point on the
1000' East of Weat line of said section;
thena, Sooth.along a line 1000' East of the
Went line ofSectiorrZ6 to point 400' North Of
Sooth line of.Section 26 ta'the Weat.line of^ thenee Went along e line 400' North of the
the South line of Section 28;
Sedion 26; Ti., ,, ,I
~~26 and 36 towmint 400-9Outh of.the North
thenceSoukhalongtheWenttineofSecGon
City of Muskeg0
Mhn K Rfarenda. CMC
City Clerk ,. ..
a
MUSKEGO LAKE
INSTALLMENT ASSESSMENT NOTICE
NOTICE is hereby given that the contracts have been or are
about to be entered for Reserve Capacity Assessment
Projects and that the amount of the special assessment
therefore has been determined as to each parcel of real
estate affected thereby and a statement of the same is on
same in five (5) installments, as provided for by Section
file with the City Clerk; it is proposed to collect the
thereon at nine percent (9%) per year. The owner can elect
66.54 of the Wisconsin Statutes, with annual interest
to pay the special assessment on his property, describing
the same, to the City Treasurer on or before November 1,
to City of Muskego Resolution #29-92. If said property
1992 or November 1st of a later year as determined pursuant
City Clerk shall place the entire assessment on the tax
owner fails to make the payment to the City Treasurer, the
roll.
DATED THIS 14TH DAY OF FEBRUARY , 1992.
City of Muskego
..
n K. Marenda, CMC
/cac
MTCLKIASSm: INSTLRU
2/92cac
February 14, 1992
To RCA District Property Owners:
On January 28, 1992, the Common Council of the City of Muskego
adopted Resolution #29-92 entitled, "Final Resolution
Authorizing Area-Wide Reserve Capacity Assessments for Debt
and Levying Reserve Capacity Assessments (RCA) Against
Service for Sewer Service Under 566.60, Wisconsin Statutes,
Benefited Property." Enclosed please find a copy of that
Resolution and the Installment Assessment Notice.
Your property is included either as an "Existing User" or
The amount due for your Reserve Capacity Assessment will be
"Future User" property as defined in the enclosed Resolution.
determined upon connection based on your number of RECs and
REC -- Residential Equivalency Connection.)
In any event, no payment is due until after connection is made.
, the enclosed Final Resolution. (A single-family home is one
Sincerely,
CITY OF MUSKEGO
/cac
Encs
&an K . Marenda, CMC
City Clerk