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CCR1999094COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #94-99 PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY FOR WATER SERVICE UNDER 566.60, WISCONSIN STATUTES (Second Amended WCA District) (Note: Previous Second Amended WCA District never finalized) AREA-WIDE WATER CAPACITY ASSESSMENT FOR DEBT SERVICE RESOLVED by the Common Council of the City of Muskego , Waukesha County, Wisconsin, as follows: 1 The Common Council hereby declares its intent to exercise its power under 566.60, Wisconsin Statutes to levy area-wide water capacity assessments upon property within the following described territory located within the City for benefits conferred upon such properties as a result of debt service and retirement for water connections to provide water service to the entire territory described: See attached legal description marked "Exhibit A and attached map marked "Exhibit B" 2. The amount of the water capacity assessment (WCA) proposed to be levied shall be determined by the city's financial consultant, its consulting engineer and the Public Utilities Committee, and it is anticipated that said assessment shall be determined on a residential equivalency unit basis. 3. The assessment proposed to be levied is to be levied against all lots and parcels of real estate located within the territory above described which are not presently, at the time of the final resolution levying the special assessment, actually connected to the public water and receiving the immediate benefit, and against all lots and parcels of real estate actually connected and receiving an immediate benefit. 4. The water capacity assessment (WCA) proposed to be levied is based upon the police power of the City of Muskego and is to be levied for the benefit given to all unconnected real estate in the City of Muskego for the benefit conferred upon that unconnected real estate for the availability of a capacity in the water system and against all connected real estate for the immediate capacity now to be utilized. 5. The water capacity assessment (WCA) proposed to be levied herein may be allowed to be paid in installments. The exact schedule of those properties immediately assessed and installments thereon shall be determined when the final resolution is adopted. Resolution #94-99 Page 2 a 6. The consulting engineers for the City of Muskego, Ruekert & Mielke, are hereby directed to prepare a report providing for all estimated costs of the total water capacity purchased, a total list of all properties to be assessed and a schedule of proposed assessments against the specific properties to be assessed. Said report, when completed, shall be filed with the City Clerk. 7 The City Clerk, after receiving the report, is directed to publish a Class 1 notice of a public hearing on this proposed resolution levying special assessments, the hearing to be held at City Hall at a time set by the Clerk as specified in §66.60(7), Wisconsin Statutes. DATEDTHIS 25th DAY OF MAY , 1999 CITY OF MUSKEG0 AlTEST; .3ulcu” nda, Clerk-Treasurer 5/99jep I Ruekert IMielke Pmjerrionnl Engrnem Rrgirlpred Land .Sutlreyors smce 1946 EXHIBIT "A" May 20, 1999 LEGAL DESCRIPTION Second Amended Legal Description for the Water Connection Assessment (WCA) District For. City of Muskego AI that part of the Southwest one-quarter of Section 17, Southeast one-quarter of Section Muskego, Waukesha County, Wisconsin bounded and described as follows: 18, and Northeast one-quarter of Section 19, Town 5 North, Range 20 East, City of Commencing at the Northwest comer of the Northeast one-quarter of Section 19; thence or less to the Northwest comer of that parcel with Tax Key No. 2233.997 and the point of Southerly along the West line of the Northeast one-quarter of Section 19, 27.46 feet more 2233.997, 1332.83 feet more or less to the centerline of Hillendale Drive; thence beginning; thence Easterly along the North line of said parcel with Tax Key No. Northerly along said centerline, 403 feet more or less to the North line extended of that parcel with Tax Key No. 2227.990; thence Easterly along said North line, 1824.07 feet more or less to the Northeast comer of said parcel; thence Southerly along the East line of said parcel, 361.06 feet more or less to the Southeast comer of said parcel; thence Westerly along the South line of said parcel, 492.58 feet more or less to the Northeast comer of Section 19 and Northeast comer of that parcel with Tax Key No. 2233.999; thence Southerly along the East line of said parcel, 1410 feet more or less; thence Westerly, 1336 feet more or less to the intersection of the centerline of Hillendale Drive and South line extended of that parcel with Tax Key No. 2233.996.004; thence Westerly along the south line of said parcel, 783.43 feet more or less to a point on the East line of that parcel with Tax Key No. 2233.996.002; thence Southwesterly along said East line, 218.20 feet more or less to the Southeast comer of said parcel; thence Westerly along the and a point on the West line of the Northeast one-quarter of Section 19; thence Northerly South line of said parcel, 466.81 feet more or less to the Southwest comer of said parcel Northwest comer of that parcel with Tax Key No. 2233.997 and the point of beginning. along said West line of the Northeast one-quarter, 1577.77 feet more or less to the e i Martin E. Kulinski MEK:eaz Enclosure(s) cc: Michael Campbell, Ruekert & Mielke, Inc. \\lanl\rmda~a\clienls\l3\1392165.200\suppo~\l9990519-Iegal dercriplion.doc 3 File Kenneth Ward, Ruekert & Mielke, Inc. W239 N1812 Rockwood Dn'uc (414) 542-5733 Waukaha, Wisconsin 53188-1113 r C,*EI,l 19 - "- " - EXHIBIT "B" 20