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CCR2002157COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #157-2002 PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY FOR WATER SERVICE UNDER 566.0703, WISCONSIN STATUTES (Ninth Amended WCA District) AREA-WIDE WATER CAPACITY ASSESSMENT FOR DEBT SERVICE RESOLVED by the Common Council of the City of Muskego, Waukesha County, Wisconsin, as follows: 1 The Common Council hereby declares its intent to exercise its power under 566.0703, Wisconsin Statutes to levy area-wide water capacity assessments upon property within the following described territory located within the City for benefits conferred upon such properties as a result of debt service and retirement for water connections to provide water service to the entire territory described: See attached legal description marked “Exhibit A and attached map marked ”Exhibit B” 0 2. The amount of the water capacity assessment (WCA) proposed to be levied shall be determined by the city’s financial consultant, its consulting engineer and the Public Utilities Committee, and it is anticipated that said assessment shall be determined on a residential equivalency unit basis. 3. The assessment proposed to be levied is to be levied against all lots and parcels of real estate located within the territory above described which are not presently, at the time of the final resolution levying the special assessment, actually connected to the public water and receiving the immediate benefit, and against all lots and parcels of real estate actually connected and receiving an immediate benefit. 4. The water capacity assessment (WCA) proposed to be levied is based upon the police power of the City of Muskego and is to be levied for the benefit given to all unconnected real estate in the City of Muskego for the benefit conferred upon that unconnected real estate for the availability of a capacity in the water system and against all connected real estate for the immediate capacity now to be utilized. 5. The water capacity assessment (WCA) proposed to be levied herein may be allowed to be paid in installments. The exact schedule of those properties immediately assessed and installments thereon shall be determined when the final resolution is adopted. a Resolution #157-2002 Page 2 6. The consulting engineers for the City of Muskego, Ruekert & Mielke, are hereby directed to prepare a report providing for all estimated costs of the total water capacity purchased, a total list of all properties to be assessed and a schedule of proposed assessments against the specific properties to be assessed. Said report, when completed, shall be filed with the City Clerk. 7 The City Clerk, after receiving the report, is directed to publish a Class 1 notice of a public hearing on this proposed resolution levying special assessments, the hearing to be held at City Hall at a time set by the Clerk as specified in §66.0703(7)(a), Wisconsin Statutes. DATED THIS 13th DAY OF AUGUST ,2002 CITY OF MUSKEG0 fl&X&& Mark A. Shcomb, Mayor 812002jmb EXHIBIT “A” July 2, 2002 Ninth Amended Legal Description for the Water Connection Assessment (WCA) District All that part of the Southeast %, and the Southwest % of Section 3, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Northwest comer of the Southeast % of Section 3, said point also being the point of beginning; thence Easterly along the North line of said Southeast % 1000.29 feet; thence Southerly 2647 feet more or less, to the South line of said Southeast %; thence Westerly along the said South line, 1003 feet more or less to the Southwest comer of said Southeast %; thence Westerly along the South line of said Southwest % 667.00 feet, to the Southeast comer of Avian Estates, a recorded Subdivision plat; thence Northerly along the East lines of Avian Estates, and Oak Hill Estates, 2652 feet more or less, to the North line of said Southwest %; thence Easterly along said North line, 665.00 to the point of beginning (See Attached Map) a Daniel Flamini, RLS #2486 AsrersmcnkWCA 9’legal.doc EXHIBIT "Bl' . 9th AMENDED WCA MAP SCALE: 1" = 400 7/2/2002