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CCR2002191COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #191-2002 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) (Ninth 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 8Ih day of October, 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 Exhibit “B”, 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. 0 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 s66.0703. 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: Cateqorv 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 November 1,2002, or if public water setvice is not connected on or before November 1, 2002, the first November 1” after which public water service is connected. The $954.00 Resolution #191-2002 9Ih 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 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. Cateqory 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 1" 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 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'' afier 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. of this Resolution and on the terms and conditions stated therein. 6. That all water capacity assessments are deferred as stated in paragraph 4 Resolution #191-2002 gLh 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 8th DAY OF October , 2002. This is to certify that this is a true and accurate copy of Resolution #191-2002 which was adopted by the Common Council of the City of Muskego. Published this 17th day of October, 2002 1012002mep 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, I003 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 corner 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) I 0 Daniel Flamini, €US #2486 Asrersrnenls.WCA 9‘legal.doc EXHIBIT "B" 9th AMENDED WCA MAP 71212002 SCALE: 1" = 400'