CCR2004148.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #148-2004
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)
(Sixteenth Amended WCA District)
WHEREAS, the Common Council of the City of Muskego, Wisconsin held a
public hearing at the Muskego City Hall at 7:25 PM on the 14th day of September, 2004
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 LIB", 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.
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 ~66.0703,
Wisconsin Statutes, have been determined on a reasonable basis and are hereby
confirmed. That the number of water capacity assessment 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, 2004, 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
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Reso. #148-2004
16th Amended WCA District
Page 2
pay $1026.00 per WCA unit. The assessment stated above shall be paid on or before
November 1,2004, or jf public water service is not connected on or before November 1,
2004, the first November 1st after which public water service is connected. The
$1026.00 assessment per WCA unit will be increased by $36.00 per water capacity
assessment unit per year commencing on the 1st day of January, 2005.
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 sérvice on or
after November 1, 2004, and where there was no previous use of a private water
system. The assessment for said properties shall be $1710.00 per WCA unit. The
amount of said assessment shall be paid on or before the first November 1 st after public
water service connection. The $1710.00 assessment per WCA unit will be increased by
$60.00 per water capacity unit per year commencing on the 1st day of January, 2005.
5. That the assessments for those connecting to the City of Muskego water
system on or before November 1, 2004 may be paid in cash in full on or before
November 1, 2004, 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, 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.
All assessments for those connecting to the City of Muskego water system after
November 1, 2004, may be paid in cash in full on or before the first November 1 st after
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 n.ot paid by the
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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.
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Reso. #148-2004
16th Amended WCA District
Page 3
6. That all water capacity assessments are deferred as stated in paragraph 4
of this Resolution and on the terms and conditions stated therein.
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 DAY OF September ,2004. 28th
/Ýft~U~27f~
Mark A. Slocomb, Mayor
This is to certify that this is a true and accurate copy of Resolution #148-2004 which
was adopted by the Common Council of the City of Muskego.
Published this 7th day of October, 2004
jmb
. EXHIBIT "A"
June 24, 2004
16th Amended Legal Description for the
Water Connection Assessment (WCA) District
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Being pati 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 propeliy 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 of the said Northeast 1/4; thence
Southerly along said West line 1,323 feet more or less to the Southwest comer of said
Northeast 1/4; thence Westerly along the South line of Lot 2 Celiified 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 fect more or less, extended
to the Westerly line of Racine Avenue(C.T.H. "Y"); thence Southwesterly along said
Westerly line 1,641 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 ~ 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 idehtified by tax-key no. 2237-
999,2237.999.001,2242.999, 2237.061a 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 114
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
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Exhibit B
16th Amended
WCA District Map
LEGEND
0 Proposed WCA Am endment 16
,--, ~ Existing WCA District
D Property
N Right-of-Way
1-
N
+
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3,000 Feel
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