CCR1999161COMMON COUNCIL - CITY OF MUSKEG0 e RESOLUTION #161-99
WAIVER OF SPECIAL ASSESSMENT NOTICE AND HEARING AND 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)
(Fourth Amended WCA District)
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WHEREAS, The owner of the property described as Tax Key No. 2198.987 - W171
S7354 Lannon Dr., has requested to be served by municipal water, and
WHEREAS, Resolution #162-99 assesses the cost of the improvements to the property
benefited as indicated above, and
WHEREAS, The Public Utilities Committee has recommended that this property be
included in the Water Capacity Assessment (WCA) District.
NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of
Muskego, does hereby amend the legal description and map of the WCA District to
include the property with Tax Key No. 2198.986 located at W171 S7374 Lannon Dr
BE IT FURTHER 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 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.
e
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(l)(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 October 1,
1999, and those properties being served by public water service only after being served
Resolution #161-99 Page 2
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
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.
Cateqow 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 October 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 I" 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 othemise 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 #161-99 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.
BE IT FURTHER RESOLVED,
1 That assessments represent an exercise of the police power, have been determined
on a reasonable basis and are hereby confirmed and have been agreed to by the
parties receiving said assessments who have signed a waiver of notice and hearing
as to said special assessments.
2. That payment for the improvements be made by assessing the cost to the property
benefited as indicated above.
3. That this resolution is null and void unless accepted by the owner on or before
November 1. 1999.
DATED THIS 28th DAY September , 1999.
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ATTEST.
This is to certify that this is a true and accurate copy of Resolution #16
adopted by the Common Council of the City of Muskego.
ACCEPTED BY ALL OWNERS OF PROPERTY DESCRIBED ABOVE:
(Owner)
(Owner)
1-99 which was