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CCR1999041AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #41-99 FINAL RESOLUTION AUTHORIZING INSTALLATION OF SANITARY SEWER IMPROVEMENTS AND LEVYING OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY Loomis Road/State Hwy. 45 Sewer Project MSS-1C-96 Assessment District "SO' WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a public hearing at the City Hall on March 1 I, 1999, for the purpose of hearing all interested persons concerning the Preliminary Resolution and Report of the City Engineer on the proposed sanitary sewer improvement within the area described below and shown on the attached map and heard all persons to speak at the hearing: Sanitary Sewer Assessment Area for Project MSS- I C-96 Assessment District "SO" All that part of the Northeast and Southeast one-quarters of Section 25, Town 5 North, Range 20 East, City of Muskego. Waukesha County, Wisconsin more fully described as follows: All those properties abutting the right-of-way of the following described roads: Loomis Road (STH 36) from a point 700 feet East of the intersection of Loomis Road (STH 36) and Loomis Drive Easterly to S. North Cape Road (US 45) S. North Cape Road (US 45) from Loomis Road (STH 36) to a point 750 feet South of Loomis Road See Attached Map NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Muskego as follows: I That the report of the City Engineer and any amendments or modifications thereto pertaining to the construction ofthe above-described public improvements, including plans and specifications therefore is adopted and approved. 2. 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 3. 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. Rcsolution #JI-99 Page 2 4. 5. 6. 7 8. 9. IO. 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 The assessments shown on the report and the modifications thereto conform with the policies ofthe City of Muskego now in existence as set forth in Resolution #283-97 and amended in Resolution #235-98, to the extent not modified by this Resolution. Pursuant to said Policy, the City has determined the method of assessment to be a Front Foot Assessment, plus the cost of laterals, as set forth in the Engineer's Report referred to herein and any amendments or modifications to the same That the remainder of said assessments are deferred as stated in assessment policies of the City. That the assessments due pursuant to Paragraph 5 of this Resolution may be paid in cash in full on or before November I, I999 or in ten (IO) annual installments of principal together with twelve (12) months interest per installment to the Clerk-Treasurer. installment payments to bear interest at the rate of 8% per annum on the unpaid balance commencing on November I. 1999 and said first installment being due on the date when real estate taxes are due and annually thereof. 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 delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute That all deferred assessments shall bear interest at the rate of 8% per annum on the unpaid balance from November I. 1999 and until payment in full. When the deferral of an assessment ends, said assessment shall be paid in cash in full pursuant to the policy of the City set forth in Resolution #283-97 and amended in Resolution #235-98, to the extent not modified by this Resolution. unless the City, at is sole option, negotiates with a property owner havins 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 tax roll as a delinquent tax against the property and all proceedings in relation to the collection. return and sale of property for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute. Interest rates on deferred assessments may be reviewed every five (5) years. That the Clerk-Treasurer shall publish this Resolution as a Class I 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 oftice address is known or can with reasonable diligence be ascertained. Property owners may be qualified for hardship status which will allow for different payments of the assessment. Property owners must apply on or before September I, 1999 and must be determined to qualify for said hardship status in accordance with the Resolution #J I -YY Pngc 3, -, assessment policy set forth in Resolution #283-97 and amended in Resolution #235-98 by October I. 1999. 3 DATED THIS 23rd DAY OF MARCH , 1999. SPONSORED BY: Mayor David L. De Angelis Reconsidered, Amended and Adopted 411 3/99 This is to certify that this is a true and accurate copy of Resolution #41-99 which was adopted by the Common Council of the City of Muskego 4199jmb Published: 4/22/99 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #41-99 FINAL RESOLUTION AUTHORIZING INSTALLATION OF SANITARY SEWER lMPROVEMENTS AND LEVYING OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY Loomis Road/State Hwy. 45 Sewer Project MSS-IC-96 Assessment District "SO WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a public hearing at the City Hall on March 1 I, 1999, for the purpose of hearing all interested persons concerning the Preliminary Resolution and Report of the City Engineer on the proposed sanitary sewer improvement within the area described below and shown on the attached map and heard all persons to speak at the hearing: Sanitary Sewer Assessment Area for Project MSS-I C-96 Assessment District "SO" All that part of the Northeast and Southeast one-quarters of Section 25, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin more fully described as follows: All those properties abutting the right-of-way of the following described roads: Loomis Road (STH 36) from a point 700 feet East of the intersection of Loomis Road (STH 36) and Loomis Drive Easterly to S. North Cape Road (US 45) S. North Cape Road (US 45) from Loomis Road (STH 36) to a point 750 feet South of Loomis Road See Attached Map NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Muskego as follows: 1 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. 2. 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 3. 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. 0- 4. 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. Resolution #41-99 Page 2 5. The assessments shown on the report and the modifications thereto conform with the policies ofthe City of Muskego now in existence as set forth in Resolution #283-97 and amended in Resolution #235-98, to the extent not modified by this Resolution. Pursuant to said Policy, the City has determined the method of assessment to be a Front Foot Assessment, plus the cost of laterals, as set forth in the Engineer's Report referred to herein and any amendments or modifications to the same. That the remainder of said assessments are deferred as stated in assessment policies of the City. 6. That the assessments due pursuant to Paragraph 5 of this Resolution may be paid in cash in full on or before November 1. 1999 or in ten (I 0) annual installments of principal together with twelve (12) months interest per installment to the Clerk-Treasurer, installment payments to bear interest at the rate of 8% per annum on the unpaid balance commencing on November 1. 1999 and said first installment being due on the date when real estate taxes are due and annually thereof. 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 delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute. 7 That all deferred assessments shall bear interest at the rate of 8% per annum on the unpaid balance from November 1. 1999 and until payment in full. When the deferral of an assessment ends. said assessment shall be paid in cash in full on or before the first November 1 st after the end of the deferral unless 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 tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special assessment. except as otherwise provided by statute. 8. Interest rates on deferred assessments may be reviewed every five (5) years 9. 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 appears on the assessment roll whose post otfice address is known or can with reasonable diligence be ascertained. IO. Property owners may be qualified for hardship status which will allow for different payments ofthe assessment. Property owners must apply on or before September 1. 1999 and must be determined to qualify for said hardship status in accordance with the assessment policy set forth in Resolution #283-97 and amended in Resolution #235-98 by October I. 1999. Resolution #41-99 Page 3 5 DATED THIS DAY OF , 1999. SPONSORED BY: Mayor David L. De Angelis 4199jmb This is to certify that this is a true and accurate copy of Resolution #41-99 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer Published STATE OF WISCONSIN ) Suzanne Sobczyk being duly sworn, doth Milwaukee County 1 MUSKEGO SUN, ) ss. depose and say that she is an authorized representative of The a newspaper published at MUSKEGO, Wisconsin and that an advertisement of which the annexed is a true copy, taken from the said paper, was published therein on .. ..... ............... ....... 54p.Q .. .JG. ....................... .................................. ..... ............................. (Signed) m. ........ EPER FINAL REPORT OF THE ENGINEER ON SANITARY SEWER IMPROVEMENTS ASSESSMENT DISTRICT "S' FOR PROJECT MSS-1C-96 LOOMIS DRIVENORTH CAPE ROAD-STH 45 In accordance with the Resolution of the City of Muskego, we herewith submit our report on the assessments for the sanitary sewer improvements made in the City of Muskego. All of the data shown is based on as bid project costs. 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 for each parcel of property affected. Schedule "C" - Final plans and specifications. The properties against which assessments are proposed are benefited and the improvements constitute an exercise of Police Powers. RUEKERT & MIELKE, INC. Consulting Engineers W239N1812 Rockwood Drive Waukesha, WI 53188-1 113 Revised March 19, 1999 Preliminary Report of the Engineer Loomis Drivernorth Cape Road-STH 45 Project MSS-1C-96 1. ESTIMATED PROJECT COST A. Base Bid I 18 inch Sanilary Sewer wlSluny L.F. L.F. I 1,7781 $94.001 S167,132.00 2 18 inch Sanitary Sewer wlhvel Backfill. Loomis Drive 461 $180.001 $8,280.00 3 $5.740.00 $140.00 41 V.F. 42 inch Inside Diameter Manholes, US 45 Easement 1 $100.00 $300.00 I L.S. Adjust existing Manhole 5. Loomis Drive 6 $17,640.00 $140.00 126 V.F. 42 inch Inside Diameler Manholes, Loomis Drive 5 $15,520.00 $32.00 485 L.F. 8 inch Sanitary Sewer wlSpoil Backfill. U.S. 45 Easement 4 $10.400.00 $52.00 200 L.F. 8 inch Sanitary Sewer wlGravel Backfill. U.S. 45 Esscmcnt 8 $6,784.00 $32.00 212 L.F. 6 inch Lateral w/Spoil Backfill I I $900.00 $16.00 25 L.F. 6 inch sanitary Lateral wIGravel Backfill 10 $7.140.00 $42.00 170 L.F. 6 inch Sanitiuy Lateral. Bored or Jacked, US 45 9 $23.268.00 $42.00 554 L.F. 6 inch Sanitary Lateral. Boredor Jacked, Loamis Drive B. As Recommended for Award 120% Administration, Engineering & Contingencies TOTAL ESTIMATED PROJECT COST I $366.490.80 03/19/99 2 r:\clicnts\l3\1392085.230\dcrign\final report oflhe enginecr-l99902094chline.doc 0 11. e ESTIMATED FRONT FOOT RATE CALCULATION A. Estimated Main Assessable Costs, using base bid prices 16 MA I a $6,500.00 Stone Base Eastbound Loomis Drive I TONS I SO01 $13.00 $309,956.40 TOTAL ESTIMATED MAIN ASSESSABLE COST 165 1,649.40 20% Administration. Engineering & Contingencies $258,297.00 Subtotal Estimated Main Construction Costs 1620.000.00 so1 $400.00 L.F. 8 inch Sanitary Sewer Bored or Jacked B. Estimated Assessable Frontage from Preliminary Assessment Roll Dated February 1,1999: 1. Immediate Assessable Frontage a. Commercial 1757.50 L.F, b. Residential 1726.28 L.F. 3,483.78 L.F. 2. Deferred Assessable Frontage a. Commercial 783 L.F. b. Residential 407 L.F. 1.190.00 L.F. Total Estimated Assessable Frontage = 4,673.78 L.F. C. Assessment Rate Calculation Total Estimated Assessable Costs/ Total Estimated Assessable Frontage = Estimated Rate $309,956.40/4,673.78L.F.=$66.3181L.F Use $66.32 per Front Foot 031 I 9/99 3 r:\cliena\l3\1392085.23O\derign\final repon ofthc engineer-l9990209-eichline.doc 111. ESTIMATED 6 INCH LATERAL RATE CALCULATION Assume bored or jacked costs as utility costs and calculate using gravel backfill costs. A. Estimated Lateral Assessable Construction Costs B. Estimated Number of Laterals C. Assessment Rate Calculation Estimated Lateral Assessable Costs / 20 Each Estimated Number of Laterals = Estimated Rate $40,497.60 / 20,6 inch laterals = $2,024.8800 / 6 inch Lateral Use $2,024.88 per 6 inch Lateral IV. TOTAL ESTIMATED ASSESSMENTS FROM FINAL ASSESSMENT ROLL DATED MARCH 19,1999 A. B. 03/19/99 Estimated Frontage Assessments Assessment Roll From 1. Estimated Residential Frontage Assessments 1,576.28 F.F. (@ $66.32iF.F. = $104,538.87 2. Estimated Commercial Frontage Assessments 1,082.50 F.F. @ $66.32ff.F. = 71,79 1.40 3. Estimated Deferred Residential Frontage 90.00 F.F. (@ S66.32ff.F. = 5,968.80 4. Estimated Deferred Commercial Frontage 971.00 F.F. (@ $66.32/F.F. = 64.396.72 Total Estimated Frontage Assessment $246,695.79 Estimated Lateral Assessments 1. Estimated 6 inch Lateral Assessments 20 x $2,024.88 = $ 40.497.60 4 r:\clicntr\l3\1392085.230\derign\~nal repon ofthe engineer-19990209-eichline.doc C. Total Estimated Assessed Costs $287.193.79 V. Total Estimated Non-Assessed Costs Total Estimated Project Costs as Recommended for Award $366,490.80* Total Estimated Assessed Costs 287,193.39 Total Estimated Non-Assessed Costs $ 79.297.41* * Does not reflect project changes on US "45", S. North Cape Road, which are yet to be determined. 03/19/99 5 r:\clientr\l3\1392085.2JO\denign\final report oflhe cngineer-l9990209-ichline.doc N N ”7 ? m ID 4 Ilr * N N yl ID 4 m yl n~ u yl N N U 4 m Il IlN r