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CCR1985206RESOLUTION # 206 -85 FINAL, RESOLUTION AUTEORIZIAG IASTALLATIOA OF SAAITARY SEWER IMPROVEHEATS AAD LEVYING SPECIAL ASSESSHENTS AGAINST BEAEFITED PROPERTY (Ladwig Drive Sewer Project - Assessment District R") WHEREAS, the Common Council of the City of Muskego, Wisconsin held a public hearing at the City Hall at 7:OO p.m. on the 9th day of September, 1985 for the purpose of hearing all interested persons concerning preliminary resolution and report of the City Engineer on the proposed sanitary sewer improvement within the area described below and shown on the attached map and heard all persons who desired to speak at the hearing Sanitary Sewer Assessment Area for Assessment District "R" Ladwig Drive Sewer Project - MSS-2-84 All that part of the SE 114 Section 10, SW 114 Section 11, and NE 114 Section 15, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, described as follows: All abutting properties along Woods Road approximately 120 feet East of Sandy Beach Drive to approximately 700 feet East of Ladwig Drive, and Ladwig Drive from Woods Road to approximately 1000 feet South. Also those properties in the NE 114 of Section 15 that abut the 60' sanitary sewer easement which extends South and West from Ladwig Drive. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Muskego as follows: 1. That the report of the City Engineer and any amendments or modifications thereto pertaining to the construction of the above-described public improvements, including plans and specifications therefor is adopted and approved. 2. That the City of Huskego has OK shall advertise for bids and shall carry out the improvements in accordance with the report and any amendments or modifications thereto of the City Engineer. 3. That payment for the improvements be made by assessing the cost to the property benefited as indicated in the report and any amendments OK modifications thereto. 4. That assessments shown on the report and any amendments or modifications thereto, representing an exercise of the police power, have been determined on a reasonable basis and are hereby confirmed. 5. That the assessments may be paid in cash in full on OK before November 1, 1985 or in ten (10) annual installments to the City Treasurer, installment payments to bear interest at the rate of 9% per annum on the unpaid balance commencing on November 1, 1985 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 delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute. 6. That properties which are assessed by this resolution shall have said assessments deferred based upon the policy of the City established by Resolution 219-84 and 28-85, copies of which are attached hereto and made a part hereof. That the assessment as to the Oschmann property described in the document attached hereto and made a part hereof and marked Exhibit "A" is deferred as stated above except to the extent that said policy is conditionally modified as to said property by Resolution 146-85, a copy of which is attached hereto and made a part hereof. 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 - 2- c .' 0 every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. CITY OF HUSKEGO WAYNE G. SALENTINE, MAYOR ATTEST: CHARLOTTE L. STEWART, Clerk Dated : Published : '0 -3- 0 '0 RESOLUTION U219-84 (As Amended) ESTABLISHING DEFERRED ASSESSMENT POLICIES BE IT RESOLVED by the Common Council of the City of Muskego that agricultural lands which are actually devoted to agriculture or special assessments for sanitary sewer improvements levied upon be deferred on the following basis: farming purposes and are not used for any other purposes, shall (A) If no use of the improvement abutting the agricultural land is made within five (5) years from the date of the be due and payable until the expiration of five (5) final assessment resolution, said assessment shall not years from the date of the final resolution making the levy, as finally amended or confirmed by the Common Council, unless further extended by the Common Council. (B) If within five (5) years from the date of the final agricultural or farming purposes and any use of the resolution said land is used for other than payable in full upon the next installment payment date improvement is made, the assessment will become due and for said district in which said property lies as determined by the final resolution or the first November 1st after said use is made if there is no installment date in said district, and interest established by the final resolution shall be charged from the date of the final resolution. (C) Any assessment deferred pursuant to this resolution may nevertheless be prepaid upon the same terms as installment assessments are allowed to be prepaid and as provided for in the final assessment resolution. DATED THIS 9th DAY OF October , 1984. PUBLIC SEWER COMMITTEE Ald. Eugene Gaetzke Ald. Mitchel Penovich ATTEST : Cit Clerk lOJg4-jm RESOLUTION 1/28-85 (AS AMENDED) ESTABLISHING DEFERRED ASSESSMENT POLICIES WHEREAS, the City of Muskego adopted Resolution 11219-84 establishing a Deferred Assessment Policy; and WHEREAS, the City of Muskego wishes to amend said policy. THEREFORE BE IT RESOLVED by the Common Council of the City of Muskego that special assessments for sanitary sewer improvements levied upon agricultural lands which are actually devoted to agriculture or farming purposes and are not used for any other purposes, shall be deferred on the following basis: If no use of the improvement abutting the agricultural land is made within five (5) years from the date of the be due and payable until the expiration of five (5) final assessment resolution, said assessment shall not years from the date of the final resolution making the levy, as finally amended or confirmed by the Common Council unless further extended by the Common Council. If within five (5) years from the date of the final resolution said land is used for other than agricultural or farming purposes and any use of the improvement is made, the assessment will become due and payable in full upon the next installment payment date determined by the final resolution or the first for said district in which said property lies as November 1st after said use is made if there is no established by the final resolution shall be charged installment date in said district, and interest from the date of the final resolution; if within five parcel of said land divided by certified survey or (5) years from the date of the final resolution a final subdivision plat is used for other than agricultural or farming purposes and any use of the improvement is made, the City, at its sole option, may negotiate with such a property owner an agreement by which less than the entire assessment might be paid when only a portion of the property is used for other than agricultural or farming purposes and any use of the improvement is made. (C) Any assessment deferred pursuant to this resolution may nevertheless be prepaid upon the same terms as installment assessment are allowed to be prepaid and as provided for in the final assessment resolution. DATED THIS 26th DAY OF March , 1985. PUBLIC SEWER COMMITTEE Ald. Eugene Gaetzke Ald. Frank DeAngelis a ATTEST : Charlotte Stewart, City Clerk 2 /as ca a RESOLUTION 11146-85 RESOLUTION AS TO ASSESSMENT OF OSCHMANN PROPERTY (Ladwig Drive Sewer Project) e WHEREAS, the City of Muskego adopted Resolution 11219-84 establishing a Deferred Assessment Policy, said policy being amended by Resolution 1/28-85, and WHEREAS, the City of Muskego wishes to negotiate, pursuant to said policy, a payment of less than the entire assessment upon improvement of only a portion of said property. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Muskego that special assessments for sanitary sewer improvements levied upon the lots contemplated in the Preliminary Plat dated 2/13/85 and entitled "Aud-Mar Estates", shall become due and payable as follows: assessment, including interest, is due and payable, and if not 1. That upon sale of a lot 1113th of the total paid shall be extended on the tax roll and collected as a delinquent real estate tax. 2.~ All provisions of Resolutions U219-84 and 1/28-85 shall apply to the property described in the preliminary plat and of passage of this resolution all of the following event occur: this agreement shall be null and void, unless within 180 days a. A final sewer special assessment resolution, as to the property in question, is passed, and sewer to the City, and b. Oschmann donates an easement necessary for said c. Oschmann,, as owner of the land in question, executes this resolution as her agreement, and d. Oschmann executes any additional agreement necessary to record this document, and e. Oschmann obtains all necessary approvals of the Final Plat which includes the same divisions as set forth in the Preliminary Plat referred to above. DATED THIS 25th DAY OF June , 1985. 0 PUBLIC SEWKCOMMITTEE / Audre; M'. Oschmann I: