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CCR1985233RESOLUTION #233-85 AMENDED FINAL RESOLUTION AUTHORIZING INSTALLATION OF AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY SANITARY SEWER IMPROVEMENTS (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 the amended 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 la'' Ladwig Drive Sewer Project - MSS-2-84 All that part of the SE 114 Section 10, SW 1/4 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: or modifications thereto pertaining to the construction of the above-described public improvements, including plans and specifications therefor is adopted and approved. 1. That the report of the City Engineer and any amendments 2. That the City of Muskego has or 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. the cost to the property benefited as indicated in the report and any amendments or modifications thereto. 3. That payment for the improvements be made by assessing or modifications thereto, representing an exercise of the police 4. That assessments shown on the report and any amendments power, have been determined on a reasonable basis and are hereby confirmed. 0. Resolution 11233-85 Page 2 5. That the assessments may be aid in cash in full on or before November 1, 1985 or in ten (lop 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 extended upon the tax roll as a delinquent tax against the installments which are not paid by the date specified shall be property and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes provided by statute. shall apply to such special assessment, except as otherwise shall have said assessment deferred based upon the policy of the City established by Resolution 1/28-85, copy of which is 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 11146-85, a copy of which is attached hereto and made a part hereof. 6. That properties which are assessed by this resolution 0 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 with reasonable diligence be ascertained. the assessment roll whose post office address is known or can 7. That the City Clerk shall publish this resolution as a ~ DATED THIS 24& DAY OF , 1985. CITY OF MUSKEGO Mayor Wayne G. Salentine ATTEST : City Clerk 9 I85 jm Published: 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: (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 resolution said land is used for other than agricultural or farming purposes and any use of the payable in full upon the next installment payment date improvement is made, the assessment will become due and 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 installment date in said district, and interest established by the final resolution shall be charged from the date of the final resolution; if within five (5) years from the date of the final resolution a parcel of said land divided by certified survey or 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 which less than the entire assessment might be paid negotiate with such a property owner an agreement by 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 3 1985. PUBLIC SEWER COMMITTEE Ald. Eugene Gaetzke Ald. Mitchel Penovich 0 ATTEST: Charlotte Stewart, City Clerk RESOLUTION /1146-85 RESOLUTION AS TO ASSESSMENT OF OSCHMANN PROPERTY (Ladwig Drive Sewer Project) 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: 1. That upon sale of a lot 1/13th of the total assessment, including interest, is due and paya.ble, and if not paid shall be extended on the tax roll and collected as a delinquent real estate tax. 2. All provisions of Resolutions 1/219-84 and /128-85 shall apply to the property described in the preliminary plat and this agreement shall be null and void, unless within 180 days of passage of this resolution all of the following event occur: a. A final sewer special assessment resolution, as to the property in question, is passed, and b. Oschmann donates an easement necessary for said sewer to the City, and executes this resolution as her agreement, and c. Oschmann, as owner of the land in question, d. Oschmann executes any additional agreement necessary to record this document, and Final Plat which includes the same divisions as set forth in e. Oschmann obtains all necessary approvals of the the Preliminary Plat referred to above. 0 0 .. DATED THIS 25th DAY OF June Y 1985. PUBLIC SEWER COMMITTEE Ald. Mitchel Penovich Ald. Edwin P. Duke ATTEST: 6/85 City Clerk Ald. David Taube ACCEPTED BY: Audrey Oschmann alkla Audrey M. Oschmann " . Official .Notice CITY OF MUSKEG0 AMENDED FINAL RESOLUTION RESOLUTION NO. 233-85 AUTHORIZING INSTALLATION OF SANITARY SEWER IMPROVEMENTS AND LEVYING SPECIAL ASSESSMENTS wig Drive Sewer Project - Assessment AGAINST BENEFIlTED PROPERTY (Lad- 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 ofSeptember, 1985. for the purpose of hearing all interested persons concerning report of the City Engineer on the proposed the amended preliminary resolution and described below and shown on the attached sanitary sewer improvement within the area ap and heard all persons who desired to speak at the hearing: Sanitary Sewer Assessment Area for Aasessment Diatrid 'R" Ladwig Drive Sewer Project - MSS-2-84 114 Section 11, and NE 114 Section 15, Town 5 All that part of the SE 114 Section 10. SW North, Range 20 East, City of Muskego, Waukesha County. Wisconsin. described as follows: All abutting properties along Woods Road approximately 120 feet East ofSandy Beach Drive to approximately 700 feet East of Ladwig Drive, and Ladwig Drive from Woods Road to approximately I000 feet South. Also those properties in the NE 114 of Section 15 that abut the 60' aanitary sewer easement which extends South and West from Ladwig Drive. NOW, THEREFORE, BE IT RESOLVED b.y the Common CounCil of the City of Muskego as follows: any amendments or modifications thereto 1.ThatthereportoftheCityEngineerand pertaining to the construction of the above- described public improvements, including plans and specifications therefor iB adopted and approved. advertise for bids and shall carry out the 2. That the City of Muskego has or shall improvementa in accordance with the report and any amendments or modifications thereto of the City Engineer. made by assessing the cost to the property 3. That payment for the improvementa be benefitted as indicatdi,n the report and any amendments or modificati6ns'thereto. 4. That assessments Shown on the ?port and any amendments- or modifications this resolution shall have said assessment established by Resolution No. 28-85. copy of deferred based upon. the policy of the City which is attached herntn and made a part hereof. That the assessment as to the Oschmann property described in the docu- ment attached hereto and made a part hereofsnd marked Exhibit 'A" is deferred as stated above except to the extent that said property by Resolution No. 146-85. a copy of policy ia conditionally modified as to said 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 benefitted property to every property owner whose name appears on the asaessment roll whose post office address is known or can with reamn- able diligence be ascertained. 1985. DATED THIS 24th DAY OF September. CITY OF MUSKEW /Zayie G A'ITEST /s/Charlotte Stewart . Salentine Mayor City Clerk Published: October 3, 1985 RESOLUTION NO. 28-85 (AS AMENDED) ESTABLISHING DEFERRED ASSESS- WHEREAS, the City of Muskego adopted MENT POLICIES Resolution No. 219-84 establishing a Deferred Assessment Policy; and WHEREAS, the City of Muskego wishes to amend said policy. THEREFORE RE IT RESOLVED by the Common Council ofthe City ofMuskego that special assessments for sanitary sewer improvements levied upon agricultural lands which are actually devoted to agricul- Cure or farming purposes and are not used for any other purposes, shall be deferred on the following basis: (A) If no ue.e of the improvement abutting the agricultural land is made within five (5) resolution. said msessment shBU not be due years from the date of the final assessment and payable until the expiration of five (5) 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 Cominon.,Council:: the final resolutiqn said land:im Us6d foi (B) lfwithin five (5) years frdiri'the.dab'of thereto, ~ representing, an 'exercise ,of the and any use of the improvement is made, the other than agricultural or farming purposes police power, have been determined on B ' assessment will become due and payable in .reasonable,basis and are.hereby confirmed, , full upon the ne$ installment payment data cash in full on or before November 1,1985.or. i_ as determined by'the final resolution or th8 5. That the assessments may be .paid-in _foe,said.district in which said dmperty lies, in ten (10) annual installrkents to the City I first November.Ist aRer said use is made if Treasurer, installment payments m bear installment data in said district,, interest at the rata of 9% per annum on the established by the final reiOl~$ unpaid balance commencing on November 1, charged hm the date of the the dae when Gal estate taxes are due and fmal resolution a pareel of 1985 and said first installment being due on if within fivi (5) yearn hm annually thereafter. All aaseasernenta or by certified survey or final installments which are not paid by the date is used for other than specified shall be extended upon the tax roll , agricultural or farming purposes and any as a delinquent-tax against the property and use of the improvement is made, the'city, at return and sale of. property'for delinquent property owner an Wment by which lesa all proceedings in relation to the collection,, its sole option, may negotiate with such a real estate taxes'ehall apply to auch special than. the entire assessment might be paid aBBessment, except as otherwise provided by when only a pmion of the property ie used statute. 6. That properties which are assessed by purposes and any use ofthe improvement is for other than agricultural or farming made. (C) Any assesement deferred pursuant to this resolution may neverthelese be prepaid upon the aame terms as installment assess- ments are allowed to be prepaid and as +inn provided for in the lid assessment resolu- DATED THIS 26th DAY OF March, 1985 PUBLIC SEWER COMMITTEE Ald. Rank DeAngelis Ald. Eugene Gaetzke ad. Mitchel Penovich ATTEST: ' Charlotte Stewart. City Clerk RESOLUTION AS TO ASSESSMENT RESOLUTION NO. 146-85 OF OSCHMANN PROPERTY WHEREAS. the City of Muskego adopted (Ladwig Drive Sewer Project) Resolution No. 219-84 esteblishing a Deferred Assessment Policy, said policy being amended by Resolution No. 28-85. and negotiate, purauant to said policy, a pay- WHEREAS, the CityofMuskego wishes to upon improvement of only a portion of said ment of less than the entire assessment NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of ary sewer improvements levied upon the lots Muskego that special assessments for sanit contemplated in the Preliminary Plat dated 2113185 and entitled 'Aud-Mar Estates", shall become due and payable as follows: assessment, including interest, is due and 1. That upon eale of a lot 1113th of the total payable, and if not paid shall be extended on estate tax. the tax roll and collected as a delinquent real 2. All proviaions.of &solution No. 219-84 and No. 28-85 shall apply to the pmperty agreement shall be null and void. unless described in the preliminav plat and this all of the following event occur: within 180 days of paasage of this resolution a. A final sewer special assessment resolution. as to the property in question, is oasaed. nnd Property. . ~~~~~1 b. Oschmann donates an easement neces- sary for said sewer to the City, and E. Oschmann as owner of the land in question, executes thi. resolution as her aereement. and - d. Oschkann exeeutes any additional agreement necessary to record this docu- ment. and approvals of the Final Plat which include8 e. Oschmann obtains all necessary the same divisions as set forth in the Pmliminary Plat referred to above. DATED THIS 25th DAY OF June, 1985. PUBLIC SEWER COMMI'TTEE Ald. MitchelPenovrg Ald. Edwin P. Dumke AM David Taube ACCEPTED BY Audrey Oschmann &a Audrey M. Oschmann ATTEST City Clerk ... . . . :cz' ... .. .. .. ... ... .. 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