CCR20020470
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COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #47-2002
RESOLUTION ADOPTING ROAD ASSESSMENT POLICY
For Construction of New Roadway and Related Improvements Known as
Moorland Road South Extension
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Finance Committee, does hereby adopt the Road Assessment
Policy for Construction of New Roadway and Related Improvements Known as
Moorland Road South Extension, as attached hereto and made a part hereof.
DATED THIS 26th DAY OF Februarv , 2002.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark Slocomb
Ald. David Sanders
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #47-2002 which was
adopted by the Common Council of the City of Muskego.
2/02jrnb
CITY OF MUSKEG0 ROAD ASSESSMENT POLICY
FOR CONSTRUCTION OF NEW ROADWAY AND RELATED IMPROVEMENTS
KNOWN AS MOORLAND ROAD SOUTH EXTENSION
STATEMENT OF SPECIAL BENEFITS TO PROPERTIES BEING ASSESSED FOR
NEW ROADWAY AND RELATED IMPROVEMENTS:
1 The basis for new road assessment shall be the assessable linear footage of
frontage of each benefited property within an assessment district, computed as
per the following requirements.
2. New roadway assessable and non-assessable costs:
A. New roadway assessments will be levied on a linear footage basis.
B. Assessments will cover the cost of land acquisition, construction, design
engineering, construction management, administration and legal
expenses incurred for the cost associated with the construction of a
roadway to current City cross section as adopted at the time of
assessment. All costs for additional right-of-way, base thickness,
appurtenances and construction costs would be considered an oversizing
and will not be an assessable cost. Credits to adjoining property owners
dedicating in excess of 60 ft. of right-of-way for the additional new
roadway width, may be given by deducting said credits from the amount of
the assessment, as determined by the Public Works Committee and said
final total assessment will be shown on the assessment roll.
C. All properties affected by this assessment are as of the 26'h day of
February, 2002, considered to be undeveloped and the portion of the
properties adjoining the new improvement are not served by another
public roadway. All of the assessments referred to herein shall be
deferred until such time as the property is developed, is divided or
otherwise makes use of the new roadway.
3. The assessable linear footage shall be determined as follows:
A. For Corner lots:
(1) If a lot abuts two streets being constructed or reconstructed, where
assessable frontage exists, the assessable frontage shall be one-
half of the total frontage of the two street sides.
B. For lots on cul-de-sacs, use the chord dimension at the building set-back line
as measured tangent to the curve at its mid-point, if said set-back line is
formed by a curved line.
Moorland Road-South Assessment Policy - February 2002
Page 2
C. For lots on curves with an exterior angle over 45 as measured between
the side lot lines of each lot, use the chord dimension at the building set-
back line for the inside lots on the curve.
D. On large tracts of land that are on corners - assume a future corner lot
that complies with the Comprehensive Land Use Plan and apply the
corner lot policy. The balance of the frontage shall be considered at full
linear footage.
E. Lots that do not meet the above criteria will be handled on an individual
basis; as each special situation is decided, it will become policy for future
decisions of a similar nature.
F Floodplain, lowland conservancy and wetlands shall be exempt from
assessments except in the event that there is an existing use in such
areas that receives a benefit from the proposed improvement. The
maximum assessable linear frontage shall be determined as in Section 4
below.
4.
5.
Assessment and Payment of Assessments.
A. As of the 26m day of February, 2002, all parcels subject to this
assessment are considered undeveloped and portions of said property
adjoining the new roadway will not have immediate access to the use of
the new roadway, so all of said assessments are deferred and payable as
stated in Paragraph 5 below.
Payment of Deferred Assessments.
A. Deferrals shall end at such time as any portion of a property is developed,
divided, or otherwise makes use of the new roadway (use specifically
including land division at the time of City signatures on the document
creating the land division) and the responsibility for payment of the
assessment shall apply to all of the property subject to the deferral.
(1) All deferred assessments shall bear interest at the rate established in
the Final Assessment Resolution on the unpaid balance from the first
November 1st after the date of the Final Assessment Resolution and
until payment in full. When the deferral of an assessment ends, upon a
use being made of any portion of the property in question, said
assessment shall be paid in cash in full. Evidence of use shall include
but not be limited to a permit for such a use being issued, or in a case
of a land division the City affixing signatures on the document creating
the land division. As an alternative, the City, at its sole option, may
negotiate with a property owner having an assessment come due, an
agreement by which the assessment or a portion thereof may be
further deferred when the Common Council determines that additional
deferrals would be just and equitable under the particular
Moorland Road-South Assessment Policy - February 2002
Page 3
circumstances. To be considered for an additional deferral, the
assessable front footage of the property shall be a minimum of 500 ft.
All assessments or installments which are not paid when due shall be
extended upon the tax roll as a delinquent tax against the property with
interest through January 31st and all proceedings in relation to the
collection, return and sale of property for delinquent real estate taxes
shall apply to such special assessment, except as otherwise provided
by statute.
(2) If the City does negotiate with a property owner having a deferred
assessment come due to allow partial payment of a portion of the
assessment, the following criteria shall be met. The City is under no
obligation to negotiate further deferrals of any assessment.
(a) The owners shall give the City satisfactory evidence of sole
ownership of all of the lands in question and the right to divide
such assessments as proposed.
(b) The lands shall be divided and all appropriate documents
making such division shall be filed and recorded.
(c) The partial assessment shall be paid to the City by all the
owners to satisfy the lien of assessment for the number of front
feet upon sale of said parcel, and if not paid, shall be placed on
the tax roll as a delinquent tax against the property with interest
through January 31st, and all proceedings in relation to the
collection, return and sale of property for delinquent real estate
taxes shall apply to such special assessment, except as
otherwise provided by statute.
(d) The assessment on the remainder of the lands described in the
agreement shall continue to be deferred.
(e) The property owners shall waive all legal notices required to
amend or change special assessments and agree to the
amended assessment without further action by the City.
(f) If a land division or land divisions are made and more than 50%
of the assessable frontage of the original parcel is sold, the
balance will become due and payable in full, and if not paid by
the first November 1st after the sale, the front feet and
applicable laterals shall be placed on the tax roll, plus interest
through January 31st.
(9) The property owners shall be liable for all costs associated with
the pro-ration.
(3) Any assessment deferred pursuant to this policy may nevertheless be
prepaid upon the same terms as installment assessments are allowed
Moorland Road-South Assessment Policy - February 2002
Page 4
to be prepaid and as provided for in the Final Assessment Resolution.
(4) Any deferred assessment on property that has not been divided may
be placed on the 10 year payment plan upon request of the owner(s)
of the property at any time.
(5) As to deferred assessments not on a payment plan, the City will
accept partial payments in the minimum amount of $5000, unless
otherwise designated by the Public Works Committee but in no event
less than $1000. The partial payment or payments will be applied first
to interest and then to principal due on the date of the partial payment
or payments as of the date said payment or payments are received.
(6) Interest rates on deferred assessments may be reviewed evety five (5)
years.
Adopted 2/26/2002 Reso. #47-2002