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CCR1999174COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #174-99 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) (Fifth 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 26'h day of October, 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 January 1, 2000, 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 $882.00 per WCA unit. The assessment stated above shall be paid on or before November 1,2000, or if public water service is not connected on or before November 1, 2000, the first November 1" after which public water service is connected. The $882.00 Resolution #174-99 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, 2001 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 January 1, 2000, and where there was no previous use of a private water system. The assessment for said properties shall be $1470.00 per WCA unit. The amount of said assessment shall be paid on or before the first November 1" after public water service connection. The $1470.00 assessment per WCA unit will be increased by $60.00 per water capacity unit per year commencing on the 1" day of January, 2001 5. That the assessments for those connecting to the City of Muskego water system on or before November 1, 2000, may be paid in cash in full on or before November 1, 2000, 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. 2000, 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, 2000, 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 #174-99 Page 3 WCA Assessment 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 0 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. ATTEST. e I September 23, 1999 Fifth Amended Legal Description for the Water Connection Assessment (WCA) District For: City of Muskego quarter of Section 11, Town 5 North, Range 20 East, City of Muskego, Waukesha All that part of the Northeast one-quarter, Northwest one-quarter and Southwest one- County, Wisconsin bounded and described as follows: Commencing at the intersection of the centerlines of Mystic Drive and Woods Road; thence Northeasterly along the centerline of Woods Road to the centerline of Durham Drive; thence Northwesterly along the centerline of Durham Drive 1120 feet more or less to the North line of that parcel with Tax Key No. 2201.994 (also known as Candlewood Creek); thence Westerly along said North line 1625 feet more or less; thence Southerly 429 feet more or less to the North line of the parcel with Tax Key No. 2201.994.001; thence Westerly along said North line of Tax Key No. 2201.994.001 to the West line of more or less to the North line of that property with Tax Key No. 2202.998; thence the Northwest one-quarter of Section 11; thence Southerly along said West line 925 feet Easterly along said North line to the East line of said Tax Key No. 2202.998; thence Southerly along said east line 1064 feet more or less to the intersection of the centerlines of Mystic Drive and Woods Road, also being the place of beginning. 0 Richard Eberhardt, P.E., RLS r:\clicnts\l3\npcorrcs\l392024200-19990923-S-legaI wcadiruict.dw 1 Ssptcmbcr 23. I999 r:\clients\l3\npcorres\l392024200-19990923-5-legal wca district.doc W239 rV/X/2 Rwkr8u.d I>nw 14/41 942-5733 Wmtktshrr. Wisronrin 53/W///J ~ 1392024.200 COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #174-99 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) (Fifth 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 26Ih day of October, 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: Cateqory 1 Properties that are connected to existing public water service prior to January 1, 2000, 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 $882.00 per WCA unit. The assessment stated above shall be paid on or before Resolution #174-99 WCA Assessment Page 2 November 1, 2000, or if public water service is not connected on or before November 1, 2000, the first November 1" after which public water service is connected. The $882.00 assessment per WCA unit will be increased by $36.00 per water capacity assessment unit per year commencing on the 1" day of January, 2001 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. Cateqorv 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 January 1, 2000, and where there was no previous use of a private water system. The assessment for said properties shall be $1470.00 per WCA unit. The amount of said assessment shall be paid on or before the first November 1'' after public water service connection. The $1470.00 assessment per WCA unit will be increased 2001 by $60.00 per water capacity unit per year commencing on the 1'' day of January, 5. That the assessments for those connecting to the City of Muskego water system on or before November 1, 2000, may be paid in cash in full on or before November 1, 2000, 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, 2000, 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, 2000, 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. Resolution #174-99 WCA Assessment Page 3 6. That all water capacity assessments are deferred as stated in paragraph 4 of this Resolution and on the terms and conditions stated therein. 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. DATED THIS DAY , 1999 David L. De Angelis, Mayor Clerk-Treasurer 10199jmb Ruekert ~ Mielke Pmjcssional Enginem & RegislAed Land Su~qrorr since 1946 Exhibit" A" September 23, 1999 Water Connection Assessment (WCA) District Fifth Amended Legal Description for the For: City of Muskego All that part of the Northeast one-quarter, Northwest one-quarter and Southwest one- quarter of Section 11, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin bounded and described as follows: Commencing at the intersection of the centerlines of Mystic Drive and Woods Road; thence Northeasterly along the centerline of Woods Road to the centerline of Durham to the North line of that parcel with Tax Key No. 2201.994 (also known as Candlewood Drive; thence Northwesterly along the centerline of Durham Drive 1120 feet more or less 429 feet more or less to the North line of the parcel with Tax Key No. 2201.994.001, Creek); thence Westerly along said North line 1625 feet more or less; thence Southerly thence Westerly along said North line of Tax Key No. 2201.994.001 to the West line of the Northwest one-quarter of Section 1 1, thence Southerly along said West line 925 feet more or less to the North line of that property with Tax Key No. 2202.998; thence Easterly along said North line to the East line of said Tax Key No. 2202.998; thence of Mystic Drive and Woods Road, also being the place of beginning. Southerly along said east line 1064 feet more or less to the intersection of the centerlines Richard Eberhardt, P.E., RLS r:klicnts\l3\npcorrcs\lJ92024200-19990921-5-legal wca districl.doc I Seplcmber23. 1999 r:\clients\l3\npcorres\l392024200-19990923-5-legal wca district.doc W239 .\'I812 Rurkwmrl Ihiur IJIJ) j42.57;; Wmkdm, W;.won\iu i31~W///3 T,rr iflfr i42~ihil