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CCR2003243- COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #243-2003 FINAL RESOLUTION AUTHORIZING AREA-WIDE RESERVE CAPACITY ASSESSMENT FOR DEBT SERVICE FOR SEWER SERVICE UNDER ~66.0703, WI STATUTES, AND LEVYING RESERVE CAPACITY ASSESSMENTS (RCA) AGAINST BENEFITED PROPERTY WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a public hearing at City Hall at 7:25 PM on November 25, 2003 for the purpose of hearing all interested persons concerning the preliminary resolution and report of the City Engineer on the proposed reserve capacity special assessments for providing the availability of sewer capacity 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 tile City of Muskego, as follows: - 1. That the report of the City Engineer pertaining to the above described reserve capacity for sewer service, 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 or modifications thereto of the City Engineer. 3. That payment for the said 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 or modifications thereto, do represent an exercise of the police powers as per Section 66.0703 WI Stats. have been determined on a reasonable basis and are hereby confirmed. That the number of residential equivalency units to be assigned for future development shall be determined as stated in the City Engineers repOlt, including any amendment of modifications thereto as adopted by tile City of Muskego. The reserve capacity charge shall be as follows: Resolution #243-2003 Page 2 - - - ExistinQ Users Property owners whose improved lot has been connected to City sewer prior to January 1, 2004 will pay a reserve capacity assessment of $610.00 per residential equivalency connection. Properties being served prior to public sewer connection by septic system, mounds and holding tanks will pay this assessment on or before November 1 in the year the plumbing permit is obtained to connect to the sewer, except if said permit is obtained after November 1 in any calendar year, the assessment will be paid on or before November 1 of the next calendar year. This $610.00 assessment shall increase by $22.50 per residential equivalency connection per year commencing January 1, 2004. Future Users Properties where public sewer connection takes place or additional capacity is made available after January 1, 2004, and which are not being served by a septic system, mounds or holding tank, will pay a reserve capacity assessment of $3,795.00 per residential equivalency connection on or before November 1 of the year of connection or the year when additional capacity is made available after November 1 in any calendar year, the assessment will be paid on or before November 1 of the next calendar year. This reserve capacity assessment will increase by $135 each January 1 commencing on January 1, 2005. 5. That the assessments for those connecting to the City of Muskego sewer system on or before the dates of passage of this resolution may be paid in cash in full on or before November 1, 2004, or in five (5) equal annual installments of principal together with 12 months interest per installments at the rate of 8% per annum on the unpaid balance commencing on November 1, 2004 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. Existing users as defined above who are not connected will be given the five installment method provided, however, the first installment shall be due and payable on or before November 1 in the year the plumbing permit is issued except if said permit is obtained after November 1 in any calendar year, the assessment will be paid on or before November 1 of the next calendar year. Resolution #243-2003 Page 3 - Future users may pay their assessment in five (5) equal annual installments of principal together with 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 reserve capacity assessments are deferred as stated in Paragraph 4 of this resolution and on the terms and conditions stated therein except those sewer connections made prior to January 1, 2004. 7. That the City Clerk 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 25th DAY OF November , 2003. SPONSORED BY: Mayor Mark A. Slocomb This is to certify that this is a true and accurate copy of Resolution #243-2003 which was adopted by the Common Council of the City of Muskego. CI 11/2003 - Exhibit "A" - MUSKEGO AREA WIDE RESERVE CAPACITY ASSESSMENT DISTRICT LEGAL DESCRIPTION October 17, 2003 Boxhorn Reserve Addition Being part of the Northeast 1/4 of Section 24, Town 5 North, Range 20 East, in the City of Muske go, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Southwest comer of said Northeast 1/4; thence N 01025' 14" W, along the West line of said Northeast 1/4,33.01 feet; thence continuing N 01025'14" W, along said West line 631.08 feet; thence N 870 32'08" E, 440.53 to the point of beginning; thence continuing N 870 32 '08" E, 607.68 feet to the West boundary of the existing Reserve Capacity Assessment area, said boundary line is 400.00 feet West of and perpendicular to the centerline of C. T .R. "DO"; thence Southerly 637.77 feet along said boundary line and the arc of a curve, whose center is to the East, having a radius of 2037.02 feet, having a chord length of 635.17 feet, which bears N 09004'40" E, to the North right-of-way of Boxhom Drive; thence S 87032'01" W, along said righ,:-of-way, 680.81 feet; thence N 02027'59" W, 630.96 feet to the point of beginning. - Big Muskego Estates Add # 1 Addition - Being part ofthe Southeast 1/4 of Section 13, Town 5 North, Range 20 East, in the City of Muske go, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Northwest comer of said Southeast 1/4, thence N 87018'00" E, along the North line of said Southeast 1/4, 827.64 feet, to the point of beginning of lands to be described; thence continuing N 87018'00" E along said North line 848.88 feet to the existing Reserve Capacity Assessment boundary; thence S 02042 '00" E along said existing boundary line 167.00 feet; thence S 87018'00" W along said existing boundary line 143.89 feet; thence S 02042'00" along said existing boundary line 628.00 feet to a point on a curve; thence 122.27 feet along said existing boundary line and the arc of a curve, whose center is to the South, having a radius of 190.00 feet, with a chord length of 120.17 feet, which bears S 74015'54" E to a point on a curve; thence 60.93 feet along said existing boundary line, and the arc of a curve, whose center is to the Nonh, having a radius of31O.00 feet, with a chord length of60.83 feet, which bears S 61027'39" E, to said existing Reserve Capacity Assessment line, said boundary line is 400.00 feet West of and perpendicular to the centerline ofC.T.R. "DO"; thence S 08050'37" W, along said existing boundary line, 944.02 feet; thence S 87032'27" W, 230.40 feet to the Northeast comer of Parcell Certified Survey Map No. 7155; thence S 86040'22" W, along the North line of said Parcell, a distance of 499.09 feet, to the Easterly boundary line of 2002 Reserve Capacity Assessment Addition; thence N 01010'37" W, along said Easterly boundary line 5.32 feet; thence N 01011' 16" W, along said Easterly boundary line, 1789.27 feet, to the point of beginning. ) ) RCA Amendment 2003 Exhibit B LEGEND 0 RCA Amendment 2003 0 RCA Boundary D Property N + N Right-of-way -.rv- Hydrography ....... " L~~GOI Prepared by City of Muskego Planning Department 10/23/2003 0 Scale: I 500 1,000 I 2,000 I Feet 0 ~ ------... '\. 0