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CCR2003204. COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #204-2003 PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY AREA-WIDE WATER CAPACITY ASSESSMENT FOR DEBT SERVICE FOR WATER SERVICE UNDER 966.0703, WISCONSIN STATUTES (12th Amended WCA District) 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 966.0703, 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 An and attached map marked "Exhibit Bn 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. Resolution #204-2003 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 966.0703(7)(a), Wisconsin Statutes. DATED THIS 23rd DAY OF September ,2003 CITY OF MUSKEGO fYfraU(J~ 'Mark A. Slocomb, Mayor . ATTEST: J n K. Marenda, Clerk-Treasurer 9/2003jmb . . "EXHIBIT A" August 20, 2003 12th Amended Legal Description for the Water Connection Assessment (WCA) District . Tax kevNo. 2165-988 All of Parcel 1, Certified Survey Map No. 2962 and part of unplatted lands lying to the West, being part of the Southwest y.. of the Northeast y.. of Section 2, Town 5 North, Range 20 East, in the City of Muske go, Waukesha County, Wisconsin, unplatted lands bounded and described as follows: Commencing at the Southwest comer Parcell, of said Certified Survey Map No. 2962, said point also being the point of beginning; thence Southwesterly along the North line of Parcel 2, of said Certified Survey Map No. 2962, a distance of98.00 feet, to the East line of a property identified by Tax-key No. 2165-989- 002; thence Northerly along said East line 251.09 feet to the South line of Lot 2, Certified Survey Map No. 4785; thence Easterly along said South line 72.41 feet to the West line of said Parcell, Certified Survey Map No. 2962; thence Southerly along said West line 250.00 feet to the point of beginning. Tax kev No. 2168-982 Being part of the Southeast y.. of Section 2, Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows; Commencing at the intersection of the Westerly ultimate right-of-way line of Tess Comers Drive and the Northerly line of a property identified by Tax-key No. 2168-980, said point also being the point of beginning; thence Northwesterly along said Westerly right-of -way line, 396 feet more or less to the South line of a property identified by Tax- key No. 2168-996; thence Northwesterly along said South line, 192 feet more or less to the East line of Parcel 2, Certified Survey Map No. 6642; thence Southerly along said East line 89.10 feet to the South line of said Parcel 2, Certified Survey Map No. 6642; thence Westerly along said South line 100.50 feet to the East line of Parcel 3, Certified Survey Map No. 2167; thence Southerly along said East line and along the East line of Sandy Knoll Subdivision, 409.00 feet, to the Northerly line of said property identified by Tax-key No. 2168-980; thence Easterly along said North line 259 feet more or less to the point of beginning. Tax kevNo. 2167-998-001 Being part of the Southwest y.. of Section 2, Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the intersection of the North line of Durham Meadows Subdivision and the West ultimate right-of-way line of Durham Drive, said point also being the point of beginning; thence Westerly along said North line 165 feet more or less to the Easterly line of a property identified by Tax-key No. 2167-998; thence Northerly along said Easterly line, 120.00 feet to the Southerly line of said property; thence Easterly along said South line, 165 feet more or less, to the said West ultimate right-of-way line of Durham Drive; thence Southerly along said West line 120.00 feet to the point of beginning. . (See Attached Map) Daniel Flamini, RLS #2486 ) ) . CTH "HH" ~ 0 Scale: I 2.500 I 625 1.250 I Prepared by City of Muskego Planning Department 08/25/03 :,1 12th Amended WCA District Map "Exhibit B" LEGEND ~ Tax Key #: 2165.988 2168.982 2167.998.001 0 8th WCA District Boundary ON Property + N Right-of-Way Feet