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ORD1997909MENDED COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #909 OF THE CITY OF MUSKEGO MUNICIPAL CODE AN ORDINANCE TO AMEND CHAPTER 3 TO CHARGE BACK ENGINEERING, ATTORNEY AND OTHER FEES AND TO UTILIZE SECTION 66.60 (16), WIS. STATS. TO CHARGE BACK ENGINEERING, ATTORNEY AND OTHER FEES TO LANDOWNERS BENEFITTING WHEREAS, the Common Council of the City of Muskego has authorized at various times the use of the City of Muskego's professional staff to help various landowners and others resolve issues involving zoning, subdivision control, legal lot status, street vacation, street and highway access questions, various sewer and water extension or repair questions, property line disputes, others matters concerning property and other matters of concern to property owners and others in the City of Muskego; and WHEREAS, while the Common Council wishes to assist property owners and others with those special matters, it is not fair for the other taxpayers in the City to have to absorb these professional fees where the fees were incurred to benefit specific landowners and others. NOW, THEREFORE, be it ordained by the Common Council of the City of Muskego, Waukesha County, Wisconsin, as follows: SECTION 1. Chapter 3 of the City of Muskego Municipal Code is hereby amended to create the following subsection: Section 3.085 FEES OF CITY PROFESSIONALS CHARGED BACK. (1) a. Whenever the City Attorney, City Engineer or any other of the City's professional staff are development or other special matter in the City of contacted regarding a specific person's property, Muskego by: 1. The Mayor, Common Council, City Committee, Board, or City Commission or any representative, agent or designee of the same; or 2. A property owner or other person or entity or a property owner's or other person's or entity's representative, Muskego for that professional's time and services if said contact results in a charge to the City of and said service is not a service suppled to the City of Muskego as a whole, then and in that event the Finance Director shall charge said person or provisions of Section 66.60 (16), Wis. Stats., entity for said service and/or pursuant to the Ordinance #909 Page 2 - -. charge that service to the benefitted property owner for the fees incurred by the City. b. This ordinance shall be enforced based upon the policy as established by the City through the Finance Committee by resolution of the Common Council from time to time. (2) The Finance Director shall bill each person or entity other billed for current services as provided for for the special service and give each property owner or herein a period of time not to exceed thirty (30) days to pay and thereafter if that charge remains unpaid, the City Clerk shall automatically charge that delinquent bill against the current or next tax roll as a delinquent tax against the property as provided by law. In the event the statement rendered to the property owners or the time given for the property owner to pay is too late in the current year for the charge, when it becomes delinquent, to be extended on that year's tax roll, then the delinquent charge shall be extended to the following year's tax roll. The City, in addition or instead of .the above, may follow any other legal means to collect the amounts due. SECTION 2. SEVERABILITY. The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent decision shall apply to the specific section or portion thereof jurisdiction to be invalid, unlawful or unenforceable, such directly specified in the decision, and shall not affect the validity of all other provisions, sections or portions thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS >4'-V&RY , 1997. Angelis, Mayor ATTEST: First Reading 11/26/96 Deferred 12/10/96 enda, Clerk-Treasurer Published on the 23rd day of January, 1997. .. .. .. 93 , .. .. . , ....... .. , .. . .. . . ... . . , . , . . . . . . . . . .i. Subscrgd and sworn to before n~e this . & d. . . . dav person or.entity,for the special service and (2) 'The- Finance Director ddl~ bill each give .each propertylowpgr or other billeg,for current services is 'provided for~,herein a period of ti,~e riot to, exceed thirty (30I.days to payland the+&r if that charge +mains unpaid, the, City Clerk shall.automatiCally charge that,deliiqpent bi)l~ against-th<.cur- .rent 'o;'ne?t. tix:roll as,:a d&nguent. tax a&mt tlje property.es.provided h,v law. In property owlieri or the time give" for the the event .tha.::t?t+mqi. rendered ,t.. the property oyner to pay is too late in the. cur- rent ye=. for thp: ehargef'when it,becohes dqlinquent, to,be,,eitended,on that year's tax roll; then the delipquent charge shd~ !?e extended the folloyhg year's tau roll. ,me City'in additionor insteadpfthe abbve, may. amounts due. follow any.othii legal means to.c4S&the' al-seetj!.."of this ordinance are declared to SECTtON Z.s_E?rERABILITY The sever- be severable. If any section or portion there- of shall be declired.by a court of competent jurisdiction to be invalid, unlawful or unen- forceable, such deciaion shall apply to the specific section or portion thereof directly specified in the decision, andshnUaot-&eet the q$dity of all.pther pmyi?ions. dons or portions. therpOr oftb prdinanee-which, shall reme in-full force hd effect. Any other ordinance +those terms are in conflict +tt. the proviaions of this 'ordinan& are hereby ?ep+ed,as Whose tern that con- flict. ordinance shaU be in full force &d efled from and afdi its~pass-&'&d publication. PASSED AND APPROVED THIS 14'lW DAY OF Jmm, 1997'.' ;/flyid L. De Angelis, Mayor IdJean K Marenda, Clerk-Treasurer i r- ATTEST: SECTION 3. 'EFFECTIYE DATE. This COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #909 AN ORDINANCE TO AMEND CHAPTER 3 OF THE CITY OF MUSKEGO MUNICIPAL CODE TO CHARGE BACK ENGINEERING, ATTORNEY AND OTHER FEES TO LANDOWNERS BENEFITTING TO UTILIZE SECTION 66.60(16), WIS. STATS. WHEREAS, the Common Council of the City of Muskego has authorized at various times the use of the City of Muskego's professional staff to help various landowners resolve issues involving zoning, subdivision control, legal lot status, street vacation, street and highway access questions, various sewer disputes, other matters concerning property and other matters and water extensions or repair questions, property line of concern to property owners in the City of Muskego, and WHEREAS, while the Common Council wishes to assist property owners with those matters, it is not fair for the other taxpayers in the City of have to absorb these professional fees where the fees were incurred to benefit specific landowners. NOW, THEREFORE, be it ordained by the Common Council of the City of Muskego, Waukesha County, Wisconsin, as follows: SECTION 1 Chapter 3 of the City of Muskego Municipal Code is hereby amended to create the following subsection: Section 3.085 FEES OF CITY PROFESSIONALS CHARGED BACK. (1) Whenever the Common Council, City Committee or City Commission has authorized a property owner in the City of Muskego or a property owner's representative to of the City's professional staff or the Common contact the City Attorney, City Engineer or any other Council, City Committee or City commission contacts said City Attorney, City Engineer or any of the City's professional staff regarding a specific person's property or development in the City of Muskego, or a property owner or a property owner's representative contacts the City Attorney, City Engineer or any other of the City's professional staff, if said contact results in a charge to the City of Muskego for that professional's time and services and said service is whole, then and in that event the Finance Director not a service supplied to the City of Muskego as a shall, pursuant to the provisions of Section property owner for the fees incurred by the City. 66.60(16), Wis. Stats., charge that service to said Ordinance Page 2 I. 3, (2) The Finance Director shall give each property owner I billed for current services as provided for herein a period of time not to exceed thirty (30) days to pay and thereafter if that charge remains unpaid, the City against the current or next tax roll as a delinquent event the statement rendered to the property owners or the time given for the property owner to pay is too becomes delinquent, to be extended on that year's tax late in the current year for the charge, when it roll, then the delinquent charge shall be extended to the following year's tax roll. ! Clerk shall automatically charge that delinquent bill I tax against the property as provided by law. In the SECTION 2. SEVERABILITY. The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply to the specific section or portion thereof directly specified in the decision, and shall not affect the validity of all other provisions, sections or portions thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those e terms that conflict. full force and effect from and after its oassaae and SECTION 3. EFFECTIVE DATE. This ordinance shall be in publication. _I PASSED AND APPROVED THIS __ DAY OF , 1997. ATTEST: Jean K. Marenda, Clerk-Treasurer David L. De Angelis, Mayor First Reading 11/26/96 Deferred 12/10/96 Published on the day of , 1997.