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CCR2004125. . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #125-2004 PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY AREA-WIDE WATER CAPACITY ASSESSMENT FOR DEBT SERVICE FOR WATER SERVICE UNDER ~66.0703, WISCONSIN STATUTES (16th Amended WCA District-Woodland Creek Estates) 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 police power under ~66.0703, 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" 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 th~reon shall be determined when the final resolution is adopted. . . . Resolution #125-2004 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 DAY OF ,2004 July 27th CITY OF MUSKEGO 1/(~æ1k~ Mark A. Slocomb, Mayor ATTEST: 7/2004jmb . . . EXHIBIT" A" June 24, 2004 16th Amended Legal Description for the Water Connection Assessment (WCA) District Being part of the Northeast 1/4, Southwest 1/4, and the Northwest 1/4, of Section 21, and the Northeast 1/4, and Southeast 1/4 of Section 20 all in Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows; Commencing at the Northwest comer of Northeast 1/4, of said Section 21; thence Easterly along the North line of said Northeast 1/4 a distance of 1586 feet more or less to an Easterly line of a property identified by tax-key number 2241-999; thence Southwesterly along said Easterly property line 786.10 feet; thence Southwesterly along an Easterly line of said property 333.68 feet; thence Southwesterly along an Easterly line of said property 342.95 feet, to the South line of said property; thence Westerly along said South line 972 feet more or less, to the West line ofthe said Northeast 1/4; thence Southerly along said West line 1,323 feet more or less to the Southwest comer of said Northeast l/4; thence Westerly along the South line of Lot 2 Certified Survey Map No. 4972, a distance of 664.23 feet, to the Easterly right-of-way line of Parker Road; thence Northerly along said Easterly line 33.92 feet to the Northerly right-of-way line of said Parker Road; thence Westerly along said Northerly line 1174 feet more or less, extended to the Westerly line of Racine A venue(C.T.H. "Y"); thence Southwesterly along said Westerly line t ,641 feet to the Northerly right-of-way of Henneberry Drive; thence Westerly along said Northerly line 2506.41 feet more or less to the Westerly line of the Southeast !;.í of Section 20; thence Northerly along said Westerly line 2633.35 feet more or less to the Southerly Plat line of The Settlement Subdivision; thence Easterly along said Southerly line and the Southerly line of a properties identified by tax-key no. 2237- 999,2237.999.00 1,2242.999,2237.061 a distance of 5355.60 feet more or less, said line also being the South line ofthe WCA base district; to the West line of the Northeast 1/4 of said Section 21; thence Northerly along said West line 1,324 feet more or less to the point of beginning. (See Attached Map) Daniel Flamini, RLS #2486 Page I of I þJJII Prepared by City ofMu ;.. - . ---- w 07122/04 I I ~ / J ~~ 0 Scale: I 1,500 I 750 I Exhibit B 16th Amended WCA District Map LEGEND 0 Proposed WCA Amendment 16 D Existing WCA District D Property N + N Right-of-Way 3,000 Feet I