CCR2002017a COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #17-2002
FINAL RESOLUTION AUTHORIZING AREA WIDE WATER CAPACITY
ASSESSMENT FOR WATER SERVICES UNDER WISCONSIN STATUTE 66.0703
AND LEVYING WATER CAPACITY SPECIAL ASSESSMENTS
AGAINST BENEFITED PROPERTY (WCA)
(Seventh Amended WCA District)
WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a
public hearing at the Muskego City Hall at 7:20 P.M. on the 22nd day of January, 2002,
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 police power as per 566.0703,
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 November
1, 2002, 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 $954.00 per WCA unit. The assessment stated above shall be paid on or before 0 November 1, 2002, or if public water service is not connected on or before November 1,
2002, the first November 1'' after which public water service is connected. The $954.00
Resolution #17-2002
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, 2003.
That properties which receive water service from a water trust prior to receivinq .. 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 November 1, 2002, and where there was no previous use of a private water
system. The assessment for said properties shall be $1590 per WCA unit. The
amount of said assessment shall be paid on or before the first November I" after public
water service connection. The $1590 assessment per WCA unit will be increased by
$60.00 per water capacity unit per year commencing on the 1" day of January, 2003.
5. That the assessments for those connecting to the City of Muskego water
system on or before November 1, 2002 may be paid in cash in full on or before
November 1. 2002, 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, 2002, and said first installment being due on the
date when real estate taxes are due and annually thereafter All assessments or 0 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, 2002, 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. 0
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Resolution #17-2002
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.
DATED THIS 22nd DAY Janua ,2002. k David.L. De Angelis, Mayor
This is to certify that this a true and accurate copy of Resolution #17-2002 which was
adopted by the Common Council of the City of Muskego.
Published this 31st day of
Januarv ,2002.
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EXHIBIT “A”
October 29,2001
Seventh Amended Legal Description for the
Water Connection Assessment (WCA) District
A11 that part of the Southwest %, of the Northwest %, of Section 10, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described
as follows:
Commencing at the Southwest corner of Lot 3, Meadow Dale Subdivision, said point also
being the intersections of the North right-of-way line of Briargate Lane and the East
right-of-way line of Lannon Drive, also being the point of beginning of lands described
herein; thence Easterly along said Briargate Lane right-of-way 625.66 feet to the South
west comer of Outlot 1, Parkland Addition No.]; thence continuing Easterly along said
right-of-way 290 feet more or less along the arc of a curve, to the East right-of-way line
of Parkland Drive, said point also being the Southwest comer of Lot 45, in said
Subdivision; thence Southerly along said right-of-way 188.10 feet; thence Southerly
195.41 feet along the arc of a curve, whose center lies to the East, said point also being
the Southwest corner of Outlot 4, Parkland Addition No.3; thence Easterly 125.08 feet to
the Southwest comer of said Outlot 4; thence Northerly 10.00 feet to the Southwest
corner of Lot 1, Certified Survey Map No. 8103; thence Northeasterly 70.00 feet; thence
Northeasterly 145.16 feet; thence Southeasterly 90.00 feet, to the Northeast corner of Lot
1, Certified Survey Map No. 7989; thence Southwesterly 292 feet more or less to the
West right-of-way line of Parkland Drive; thence Northwesterly along said right-of-way
line 206 feet more or less to the Southeast Comer of Freedom Square Condominium Plat;
thence Southwesterly 238.88 feet; thence Northwesterly 28.22 feet; thence Southwesterly
160.00 feet; thence Northerly 210.00 feet; thence Northwesterly 293.37 feet, to the
Northeast comer of lands designated by Tax key No. 2198-987; thence Southerly along
East line of said lands 50.00 feet; thence Westerly along the South line of said lands 150
feet, to the center line of Lannon Drive; thence Northerly along said center line 27 feet
more or less to the intersecting center line of Lake Drive; thence Northwesterly 67 feet
more or less to the West right-of-way line of Lannon Drive, said point also being the
Southeast comer of the original Lot 11, Plat of Krogmann’s Subdivision; thence
Northerly along said right-of-way line 327 feet more or less to the Southeast comer of
Lot 3, Certified Survey Map No. 2275; thence Easterly 100.01 feet to the point of
beginning. (See Attached Map)
Daniel Flamini, IUS #2486
150 300 6M
EXHIBIT ”B”
7th AMENDED WCA MAP
GRAPHIC SCALE SCALE: 1” = 300’