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CCR1992070COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #70-92 FINAL RESOLUTION AUTHORIZING INSTALLATION OF WATER IMPROVEMENTS AND LEVYING OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY Woods Road West of Woodside Estates Water Project Project MW-13-92, Assessment District "WL" WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a public hearing at the City Hall at 7:lO PM on the 24th persons concerning the Preliminary Resolution and Report of the day of March, 1992, for the purpose of hearing all interested City Engineer on the proposed water improvement within the area described below and shown on the attached map and heard all persons to speak at the hearing: Water Improvement Assessment Area for Project MW-13-92 Assessment District "WL" LEGAL DESCRIPTION All that part of the Southeast 1/4 of Section 17 and the Northeast 1/4 of Section 20, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: 0 Commencing at the Southeast corner of Section 17; thence South O"59'13" East, 33.00 feet to the centerline of Woods Road; being the place of beginning, all those parcels that abut the following described centerline of Woods Road; thence continuing West along said centerline, 1,352.90 feet more or less to the point of termination excepting those lands that are part of Woodcrest Heights Subdivision. See Attached Map NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Muskego as follows: 1. L. 3. e 4. That the report of the City Engineer and any amendments or modifications thereto pertaining to the construction of the above-described public improvements, including plans and specifications therefore 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 cost to the property benefited as indicated in the report and any amendments or modifications thereto. That assessments shown on the report and any amendments or police power, have been determined on a reasonable basis modifications thereto, representing an exercise of the and are hereby confirmed. Resolution #70-92 Page 2 5. The assessments shown on the report and the modifications thereto conform with the policies of the City of Muskego now in existence to the extent not modified by this Resolution. The City is now reviewing certain of its prior assessment policies in order to improve the same for the benefit of those being assessed and the City. The City has not completed its review to the degree necessary to attempt to change its policies. However, the City as to this assessment changes those policies as follows as reflected on the modified and amended report: A. That each parcel being assessed is responsible for the payment of the assessment in the manner set forth in Paragraph 6 of this Resolution to the extent of 150 front feet or the number of front feet of the parcel, whichever is less, plus the cost of all laterals; and B. That the remainder of said assessments are deferred as stated in assessment policies of the City as modified by Paragraph 7 of this Resolution. 6. That the assessments due pursuant to Paragraph 5 of this November 1, 1992 or in ten (10) annual installments of Resolution may be paid in cash in full on or before principal together with twelve (12) months interest per installment to the City Treasurer, installment payments to bear interest at the rate of 8% per annum on the unpaid balance commencing on November 1, 1992 and said first are due and annually thereof. All assessments or installment being due on the date when real estate taxes be extended upon the tax roll as a delinquent tax against installments which are not paid by the date specified shall the property and all proceedings in relation to the collection, return and sale of property for delinquent real as otherwise provided by statute. estate taxes shall apply to such special assessment, except 0 7. That portion of the assessments against property made by this Resolution and not collectable pursuant to Paragraphs 5 and 6 of this Resolution shall be deferred pursuant to assessment policies of the City modified as follows: A. The deferral referred to in this paragraph shall end upon any use being made of any portion of the property and the responsibility for payment of the assessment in question (use specifically including land division) deferral. shall apply to all of the property subject to the 8. That all deferred assessments shall bear interest at the rate of 8% per annum on the unpaid balance from the first payment in full. When the deferral of an assessment ends, November 1st after the date of this Resolution and until the first November 1st after the end of the deferral unless said assessment shall be paid in cash in full on or before Resolution #70-92 Page 3 the City, at is sole option, negotiates with a property owner having an assessment come due an agreement by which the assessment or a portion thereof may be further deferred when the Common Council determines that additional deferrals would be just and equitable under the particular circumstances. All assessments or installments which are not paid by the date specified shall be extended upon the proceedings in relation to the collection, return and sale tax roll as a delinquent tax against the property and all of property for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute. 9. Interest rates on deferred assessments may be reviewed every five (5) years. 10. 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 whose name appears on the assessment roll whose post office against the benefited property to every property owner address is known or can with reasonable diligence be ascertained. DATED THIS 24TH DAY OF MARCH , 1992. SPONSORED BY: Mayor Wayne G. Salentine This is to certify that this is a true and accurate copy of City of Muskego. Resolution #70-92 which was adopted by the Common Council of the 3/92cac STATE OF WISCONSIN 1 Milwaukee Counly ) ) ss. (SEAL) Judith Ziolkowski being duly sworn, dolh depose and say lhal he is an aulhorized represenlalive of The.. hltw+kc~c, .SUII, ..................... a newspaper published al ... El~slto~o. .............. Wisconsin and lhal an adverlisemenl of which Ihe annexed is a ltue copy, laken from said paler, was published lhelein on . ............................ ......................... . kFH 2 .................. .!W ...... .......................... ......................... I.""' (Signed). BOOKKEEPER, Subscribed and sworn lo before me this .... %d . . day " ClTY OF MUSKEG0 Official Notice COMMON COUNCIL RESOLUTION #IO-92 FINAL RESOLUTION AUTHORIZING INSTALLATION OF. WATER IMPROVE- MENTS AND LEVYING 0F.SPECIAL AS- SESSMENTS AGAINST BENEFITED PROPERTY Wodside Estates Water Project WoodsRoed Weat of Project MW-13-92,AaseasmentDistrict WL" City of Muakego, Wisconsin. held a public WHEREAS, the Common Council of the hearing at the City Hall et 7:lO PM on the 24th day of March, 1992. for the purpose of hearingall interestedpersonsconcerningthe Preliminary Resolution and Report of the City Engineer on the proposed water im- provement within the area described below and shown on the attached map and heard all persona to speak at the hearing: Water Improvement Assessment ha Aseessment District %'L" for Project MW-13-92 AllthatpartoftheSoutheastl/4ofSection LEGAL DESCRIPTION 11 and the Northeast U4 ofSection 20, Town 6 North, Range 20 East, City of Muskego. Waukesha County, Wisconsin. bounded and described as.follows: Commencing at the Southeast comer of Section 11; thence South O"69'13" East. 33.00 feet to the centerline of Woods Road; being the place ofbeginning, all those parcels that Wmds Road; thence wntinuing West along abut the following described centerline of said centerline. 1.362.90 feet more or lees to the point of termination excepting 'those lands that are part of Woodwst Heights Subdivision. See Attached Map NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Mu- skego as follows: 1. That the report ofthe City Engineer and any amendments or modifications thereto pertaining to the construction of the above- CI - a -72 aernDea puorlc mprovement.s. lncluamg plans and specifications therefore is adapted and approved. 2.ThattheCityoIMuskegohasorshallad- vertise for bids and shall carry aut the im- provements in accordance with the report and any amendments. or modifications thereto of the City Engineer. made by assessing the cost to the property 3. That payment for the improvements be benefited as indicated in the report and any amendments or modifications thereto. and any amendments or modifications 4. That assessments shorn on the report thereto. representingan enercieeafthe police basis and are hereby wnfrmsd. power, have beendeterminedon ereasonable 6. The assessments shown on the report and the modifications thereto conform with istence to the extent not modified by this Re- the policies ofthe City ofMuskego now in ex- solution. The City is now reviewing certain of its prior assessment policies in order to im- prove the same for the benefit of those being assessed and the City. The City has not com- pleted its renew to the degree necessary to attempt to change its policies. (However, the cies as follows as reflected on the modified City 88 to this assessment changes those poli- and amended report: sponsible for the payment of the assessment A. That each parcel being assessed is re- inthemannersetforthinParagraph6ofthia Resolution to the extent of 160 front feet or the number of front feet of the parcel, whi- chever is less, plus the wst ofall laterals; and B. That the remainder ofsaid assemmentn are'deferred as stated in amessment policies ofthe City as modified by Paragraph 7 ofthis Resolution. Paragraph 6 ofthis Resolution may be paid in 6. That the assessments due pursuant to cash in full on or before November 1,1992 or in ten (10) annual installments of principal togetherwithtwelve(12)monthsinterestper inntallment to the City Treasurer, install- ment payments to bear interest at the rate of 8% per mum on the unpaid balance corn-. mencing on November 1,1992 and said first imtallment being due on the data when real esIQre~esareaueanaannue~lymereor.xll assessments or installmenb which are not paid by the date specified shall be extended upon the tax roll as a delinquent tax against thepropertyandallpr-edingsinrelationta the collection, return and sale of property for delinquent.real estate taxes shall apply to such special asseasment. except as otherwiae provided by statute. I. That portion ofthe assessments against property made by this Resolution and not col- lectable pursuant to Paragraphs 6 and 6 of this Resolution shall be deferred pursuant to assessment policies of the City modified as follows: A The deferral referred to in this pars- graph shall end upon any we being made of any portion of the property in question (use specifically including land division) and the responsibility for payment orthe assessment shallapplytoellofthepropertysubjecttothe deferral. interest at'the rate of 8% per annum on the 8. That all deferred assessmenta shall bear unpaid balance from the lint November 1st after the date of this Resolution and until payment in full. When the deferral of an aa- sessment ends. said assessment shall be paid in cash in full on or before the first November City, at its sole option. negotiates with a prop- 1st after the end of the deferral unless the erty owner having an assessment come due an agreement by which the assessment or a portion theFeofmeybefvrrherdeferredwhen the Common Council determines that sddi- tional deferrals would be just and equitable under the partidar circumstances. All as- aessmentsorinstallmenta which arenot paid by the date specified shall be extended upon the tax roll as a delinquent tax against the propertyandallprocesdingsinrelationtothe collection, return and sale ofproperty for de- linquent real estate taxes shall apply to such apecial assessment. "cept asotherwise pro- vided by statute. 9. Inkst rates on deferred aseensments may be renewed every five (6) years. 10. That me City Clerk shall publiBh this Renolution as a Claw 1 Notice in the assess- ment district gnd mail a copy ofthis I&solu- tion and a statement afthe 6nal assessment against the benefited property to every prop- erty owner whose nee appears on the as- sessment roll whose post off~ce address is hndwior can with reasonable diliaence be 'ascertained. "4 - 1. . 1 DATED THIS 24THDAY OF MARCH. 1992. SPONSORED BY: Mayor Wayne 0. Salentine This is to certify that thia is a true and accu- rate copy of Resolution #IO-92 which was adooted bv the Common Council ofthe City of Mu&ego.- Id Jean K Marenda City Clerk Published April 2, l99.2. 3192eac INSTALLMENT ASSESSMENT NOTICE Estates Water~Project MW-13-92 ~Waods Road West of Woobide Assessment Dietrict "WL" heve.been let for Aasesament District 7KL" NOTICE'is hereby given that contract; for the Woods Road West ofWoodside Estates Water Project w-13-92, and that the amount of the special assessment therefore estateaffectedtherebyandastatamentofthe has been determined as to each parcel ofreal mame is on file with the City Clerk; it i8 prop- 'oaedtocolI,~tthatsameinten(lO)snnualin- theWiswminStatutes,withintereatthereon stallments. as prorided by Section 66.64 of ments'rvill be collected in installments as ateightperutnt(8%)peryear;thatallassess- above provided except such assessment& on property where the owner of the Bame shall file with the City Clerk within 30 days f&m data of this Notice a written notice that he elects to pay the, special assessment on his property. describing the same, to the City Treasurer on or before November, 1.1992. If aRer making such eledion. said property owner fails to make the payment to the City Treasurer. the City Clerk shall place the en- tire assessment on the next 8uueeding tax mal I not affected by this Notice. Any deferred portion of any assessment is DATED THIS 3OTH DAY OF MARCH. 1992. CITY OF MUSICEGO IdJean K MaAnda, CMC City Clerk I I-. t + .- ". . + ,, f J - .... .... .... ... .~~ \ - c LC " x I I I! - c- 1- I.,. ... ..... ..... 1 ...... I .. " it ON THE WATER MAIN IMPROVEMENTS REPORT OF THE ENGINEER ~. "~ ~~~~~~~~ FOR PROJECT "'-13-92 WOODS ROAD WEST OF WOODSIDE ESTATES ASSESSMENT DISTRICX "WL" WAUKESEA COUNTY, WISCONSIN CITY OF MUSKEG0 -. In accordance with the Resolution of the City of Muskego, we herewith submit our report on the assessments for the water main improvements made in the City of Muskego. All of the data shown is based on estimated project costs with estimated construction quantities. This report consists of the following schedules: Schedule "A"- Summary of assessments and estimate of entire cost of the improvements. Schedule "B" - Estimate of assessment of each parcel of property affected. Schedule "C" - Final Plans and Specifications The properties against which assessment are proposed are benefitted and the improvements constitutes an exercise of Police Powers. 0 I i RUEKERT & MIELKE, INC. Consulting Engineers W239 N1812 Rockwood Dr. Waukesha, WI 53188-1113 February 27,1992 March 17,1992 - REVISED Woods Road Project MW-13-92 Schedule "A" SCHEDULE "A" I. 1. 2. 3. 4. 6. 5. 7. 11. A. B. 111. A. Total Proiect Costs OTY. 12" Watermain - Gravel Backfill Backfill 12" Watermain - Spoil 12" Buttemy Valves 8" Watermain Hydrants with Valves Water Services Pavement Replacement Total Construction Cost 155 1100 2 20 4 5 150 20% Administration, Contingencies & Engineering Total Project Cost Front Foot Rate Calculation 1992 Residential Frontage Assessment Rate Project MW-13-92) = otal Leneth of Residential Frontaee = Residentiau] Assessment Calculatio~ 1700.09 X $21.31 = $36,228.92 1992 Institutional Frontage Assessment Rate 4 Project MW-13-92) = otal Length of Institutional Frontage = Institutional Assessment Calculation 670.45 X $24.31 = $16,295.29 mT L.F. L.F. Each L.F. Each Each S.Y. Lateral Rate Calculation OTy. UNIT 1" Water Lateral 4 Each Administration, Contingencies, Engineering Total Assessable Cost Number of Laterals = 4 $2,760.00/4 = $690.00 Use $690.00 per 1" Water Lateral UNIT COST TOTAL $33.00 $5,115.00 $25.00 $790.00 27,500.00 1,580.00 $35.00 700.00 S1.556.25 6.225.00 - -.~ ~ $708.00 $17.00 3,540.00 2,550.00 $47,210.00 9.442.00 $56,652.00 $21.31 1700.09 L.F. $24.31 670.45 L.F. UNIT COST TOTAL $575.00 $2,300.00 460.00 $2,760.00 13-90103.0 -1- Woods Road Project MW-13-92 Schedule "A" ITEM B. 1-1/4" Water Lateral OTY. 1 Administration, Contingencies, Engineering Total Assessable Cost Number of 1-1/4" Laterals = 1 $1,368.00/1.00 = $1,368.00 Use $1,368.00 per 1-1/4" Water Lateral IV. Total Assessable Costs Total Residential Frontage Assessment Total Residential Deferred Frontage Assessment Total Institutional Frontage Assessment Total Institutional Deferred Frontage Assessment Total Water Lateral Assessments Total Assessable Costs V. Total Non Assessable Costs Total Assessable Cost Total Project Cost Total Non-Assessable Costs UNIT Each UNIT COST TOTAL $1,140.00 $1,140.00 $1,368.00 228.00 $13,593.86 22,635.06 3,045.75 12,649.33 4.128.00 $56,652.00 $56,652.00 56.652.00 .oo 13-90103.0 -2- '@ N m