Loading...
CCR1999117COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #117-99 FINAL RESOLUTION AUTHORIZING AREA WIDE WATER CAPACITY ASSESSMENT FOR WATER SERVICES UNDER WISCONSIN STATUTE 66.60 AND LEVYING WATER CAPACITY SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY (WCA) (Second Amended WCA District) WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a public hearing at the Muskego City Hall at 7.15 P.M. on the 13‘h day of July, 1999, for the purpose of hearing all interested persons concerning the preliminary resolution and report of the City Engineer on the proposed water capacity special assessments for providing the availability of water service 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 water capacity, 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 and modifications thereto of the City Engineer 3. That payment for said water capacity be made by assessing part of the cost to the property benefited as indicated in the report and amendments and modifications thereto. 4. That assessments shown on the report, including any amendments and modifications thereto, do represent an exercise of the policy power as per §66.60(1)(b), Wisconsin Statutes, have been determined on a reasonable basis and are hereby confirmed. That the number of water capacity assessments units (WCA units) to be assigned shall be determined as stated in the City Engineer’s report, including any amendment and modification thereto, as adopted by the City of Muskego. The water capacity charge shall be as follows: Cateqow 1 Properties that are connected to existing public water service prior to August 1, 1999, and those properties being served by public water service only after being served by a private water system because public water service was not available, will pay $846.00 per WCA unit. The assessment stated above shall be paid on or before November 1, 1999, or if public water service is not connected on or before November 1, 1999, the first November 1‘’ after which public water service is connected. The $846.00 Resolution #117 WCA Assessment Page 2 assessment per WCA unit will be increased by $36.00 per water capacity assessment unit per year commencing on the 1'' day of January, 2000. That properties which receive water service from a water trust prior to receiving public water service may receive a reduction in water capacity assessment to be negotiated between the City and said water trust at the time the water trust becomes a part of the public water system based on the value of the assets of the water trust to the public water system. Cateqotv 2 All properties not specifically included in Category 1 shall be in Category 2, specifically including all properties which were connected to public water service on or after August 1, 1999, and where there was no previous use of a private water system. The assessment for said properties shall be $1410.00 per WCA unit. The amount of said assessment shall be paid on or before the first November 1" after public water service connection. The $1410.00 assessment per WCA unit will be increased by $60.00 per water capacity unit per year commencing on the 1'' day of January, 2000. 5. That the assessments for those connecting to the City of Muskego water system on or before November 1, 1999, may be paid in cash in full on or before November 1, 1999, or in five (5) equal annual installments of principal together with twelve (12) months interest per installment 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 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. All assessments for those connecting to the City of Muskego water system after November 1, 1999, may be paid in cash in full on or before the first November 1" after connection or in five (5) equal annual installments of principal together with twelve (12) months interest per installment at the rate of 8% per annum commencing on November 1 in the year of connection or in the year 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 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. 6. That all water capacity assessments are deferred as stated in paragraph 4 of this Resolution and on the terms and conditions stated therein. Resolution #117 WCA Assessment Page 3 7. 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 6 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 DAY , 1999. David L. De Angelis, Mayor ATTEST. Clerk-Treasurer I 7/99 COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #I 17-99 FINAL RESOLUTION AUTHORIZING AREA WIDE WATER CAPACITY ASSESSMENT FOR WATER SERVICES UNDER WISCONSIN STATUTE 66.60 AND LEVYING WATER CAPACITY SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY (WCA) (Second Amended WCA District) WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a public hearing at the Muskego City Hall at 7.15 P.M. on the 13Ih day of July, 1999, for the purpose of hearing all interested persons concerning the preliminary resolution and report of the City Engineer on the proposed water capacity special assessments for providing the availability of water service 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 water capacity, 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 and modifications thereto of the City Engineer 3. That payment for said water capacity be made by assessing part of the cost to the property benefited as indicated in the report and amendments and modifications thereto. 4. That assessments shown on the report, including any amendments and modifications thereto, do represent an exercise of the policy power as per §66.60(1)(b), Wisconsin Statutes, have been determined on a reasonable basis and are hereby confirmed. That the number of water capacity assessments units (WCA units) to be assigned shall be determined as stated in the City Engineer's report, including any amendment and modification thereto, as adopted by the City of Muskego. The water capacity charge shall be as follows: Cateqow 1 Properties that are connected to existing public water service prior to August 1, 1999, and those properties being served by public water service only after being served by a private water system because public water service was not available, will pay $846.00 per WCA unit, The assessment stated above shall be paid on or before November 1, 1999, or if public water service is not connected on or before November 1, 1999, the first November 1" after which public water service is connected. The $846.00 Resolution #I 17 WCA Assessment Page 2 assessment Der WCA unit will be increased bv $36.00 Der water caDacitv assessment , a unit per year'commencing on the 1" day of January, 2000. That properties which receive water service from a water trust prior to receiving public water service may receive a reduction in water capacity assessment to be negotiated between the City and said water trust at the time the water trust becomes a part of the public water system based on the value of the assets of the water trust to the public water system. .. Cateqory 2 All properties not specifically included in Category 1 shall be in Category 2, specifically including all properties which were connected to public water service on or after August 1, 1999, and where there was no previous use of a private water system. The assessment for said properties shall be $1410.00 per WCA unit. The amount of said assessment shall be paid on or before the first November 1'' after public water service connection. The $1410.00 assessment per WCA unit will be increased by $60.00 per water capacity unit per year commencing on the 1" day of January, 2000. 5. Tnat the assessments for those connecting to the City of Muskego water system on or before November 1, 1999, may be paid in cash in full on or before November I, 1999, or in five (5) equal annual installments of principal together with twelve (12) months interest per installment at the rate of 8% per annum on the unpaid date when real estate taxes are due and annually thereafter All assessments or balance commencing on November 1, 1999, and said first installment being due on the 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. All assessments for those connecting to the City of Muskego water system after November 1, 1999, may be paid in cash in full on or before the first November 1" after connection or in five (5) equal annual installments of principal together with twelve (12) months interest per installment at the rate of 8% per annum commencing on November 1 in the year of connection or in the year 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 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. 6. That all water capacity assessments are deferred as stated in paragraph 4 of this Resolution and on the terms and conditions stated therein. Resolution #I 17 WCA Assessment Page 3 7 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 office address is known or can with reasonable diligence be ascertained. DATEDTHIS 27th DAY Julv , l& D vid L. De Ange is, Mayor ATEST Deferred 7/13/99 a 7/99 'Ruekert I Mielke RoJessional Engineers t3 Registered Land Sumeyon since I946 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 18, and Northeast one-quarter of Section 19, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin bounded and described as follows: Commencing at the Northwest comer of the Northeast one-quarter of Section 19; thence Southerly along the West line of the Northeast one-quarter of Section 19, 27.46 feet more or less to the Northwest comer of that parcel with Tax Key No. 2233.997 and the point of beginning; thence Easterly along the North line of said parcel with Tax Key No. 2233.997, 1332.83 feet more or less to the centerline of Hillendale Drive; thence 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 and South line extended of that parcel with Tax Key No. 2233.996.004; thence Westerly Westerly, 1336 feet more or less to the intersection of the centerline of Hillendale Drive that parcel with Tax Key No. 2233.996.002; thence Southwesterly along said East line, along the south line of said parcel, 783.43 feet more or less to a point on the East line of 218.20 feet more or less to the Southeast comer of said parcel; thence Westerly along the South line of said parcel, 466.81 feet more or less to the Southwest comer of said parcel and a point on the West line of the Northeast one-quarter of Section 19; thence Northerly along said West line of the Northeast one-quarter, 1577 77 feet more or less to the Northwest comer of that parcel with Tax Key No. 2233.997 and the point of beginning. 0 Martin E. Kulinski MEK:eaz Enclosure(s) cc: Michael Campbell, Ruekert & Mielke, Inc. \\lani\rmdata\clienls\l3\1392165.200\supporl\l9990519-lcgal dcscription.doc Kenneth Ward, Ruekert & Mielke, Inc. File W239 N1812 Rockwood hue Waukaha, Wironrin 53188.11 13 (414) 542.5733 Fnr14101 id9.ihlf EXHIBIT "A" 19 , FINAL RESOLUTION AIJTHORIZING AREA ~SIQLLTTIONUll7.W FOR N R. c %, y.! CAPACITY SPEC& ASSESSMENTS;- AGAINST.BENEF1TED PROPERTY IWCAI