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CCR1987045COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #45-87 FINAL RESOLUTION AUTHORIZING INSTALLATION OF WATER IMPROVEMENTS (As Amended) AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY (Water Main Assessment Area in Janesville Road from Mercury to Lannon and Janesville Ct. - Assmt. District WB, Contract MW-3-87) Wisconsin, held a public hearing at the City Hall at 7:OO P.M. on the 23rd day of March, 1987, for the purpose of hearing all interested persons concerning the preliminary resolution and report of the City Engineer on the proposed water improvements within the area described below and shown on the attached map and heard all persons who desired to speak at the hearing: WHEREAS, the Common Council of the City of Muskego, All that part of the Northwest 114 of Section 17, the Northwest 114 of Section 16, Town 5 North, Range 20 East, Southwest 114 and the Southeast 114 of Section 9 and the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: All those properties that abut the right-of-way of Janesville Road (S.T.H. 24) commencing at the intersection of centerlines of Mercury Drive and Janesville Road (S.T.H. Road (S.T.H. 24) to the intersection of centerlines of 24; thence Northeasterly along the centerline of Janesville Janesville Road (S.T.H. 24) and Lannon Drive; said termination. Also with all those properties that abut the intersection of centerlines being the point of right-of-way of Janesville Court commencing at the intersection of centerlines of Janesville Road (S.T.H. 24) and Janesville Court; thence Northwesterly along the centerline of Janesville Court perpendicular to the of Janesville Court, said point being the point of centerline of Janesville Road to a point in the North line termination. 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 public improvements, including plans and specifications or modifications thereto pertaining to the above-described therefor is adopted and approved. 2. That the City of Muskego has or shall advertise for bids and shall carry out the imDrovements in accordance with the City Engineer. report and any- amendments br modifications thereto of the 3 Resolution #45-87 Page Two 3. That payment for the improvements be made by assessing report and any amendments or modifications thereto. the cost to the property benefited as indicated in the 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 Resolution //175-86, As Amended, and Resolution water mains for the City of Muskego, which is hereby made a #266-86 established an assessment policy for construction of part of this resolution. Pursuant to Section 5.5 of said policy, deferred assessments and installment payments shall be as follows: A. The properties which are subject to this assessment shall be eligible for a deferred assessment on the following terms and conditions: before the first November 1st after the final (1) Payment of the entire cost of the lateral on or assessment resolution or in two annual installments with interest at 8% per annum on the unpaid balance commencing on the first November 1st after the final assessment resolution and said first installment being due on the first date when real estate taxes properties under Subsection (3)(c) of this are due and annually thereafter except those resolution dealing with deferrals, which shall pay the entire assessment as stated in (3)(c). (2) The assessment (other than lateral charge or the entire assessment for [3][c] property) shall be deferred until the occurrence of the first of the following events: (a) Election by an owner of the property which must be made in writing on or before the affected to commence payment of the assessment first November 1st after water is available or is deemed waived. (h) Sale of any interest in the property. (c) Upon issuance of a building permit for major expansion of commercial or industrial pro erty which is an expansion costing a total of ! 25,000.00 or more. (This occurrence does not apply to tax exempt properties.) Resolution 1\45-87 Page Three of a building permit as to that portion of the (d) As to unimproved property, upon issuance property being improved. (e) On connection of the property to the water system on or before the first November 1st after water is available to the property. system after the first November 1st after water (f) On connection of the property to the water is available to the property, but only if connection is voluntarily made, made for a present City ordinance or connection made reason now requiring connection under the because of a future governmental requirement other than a requirement imposed solely at the discretion of the City of Muskego. (3) Upon the occurrence of the first of the above events referred to in Subsection (2) above, the assessments shall be paid as follows: (a) As to occurrence (a), prior to issuance of building permit. (b) As to occurrence (b), upon sale. November 1st after said occurrence or in ten (c) As to occurrence (a) or (e), on the first (10) annual installments with interest at 8% per annum on the unpaid balance commencing on the first November 1st after the final assessment resolution and said first installment being due on the first date when real estate taxes are due and annually thereafter. (d) As to occurrence (c) or (f), on the first November 1st after the occurrence or in ten (10) annual installments with interest at 8% per annum on the unpaid balance commencing on said first installment being due on the first the first November 1st after connection and date when real estate taxes are due and annually thereafter. Resolution 1/45-87 Page Four < (4) That there ;hall be interest charged on all deferred assessments at the rate of 8% per annum on the unpaid balance from the first November 1st after the final assessment resolution. This shall be the initial rate for the first five (5) years and shall continue to be the interest rate until paid except that the City shall review the interest rate after any time after the initial five years. five years and may make adjustments in said rate at (5) In any event, all assessments or installments which are not paid by the date specified above shall be extended upon the tax roll as a delinquent tax against the property and all proceeds in relation to delinquent real estate taxes shall apply to such the connection, return and sale of property for special assessment, except as otherwise provided by statute. 6. 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 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 31st DAY OF March , 1987. CITY OF MUSKEG0 /I G. SALENTINE, E$r 3/87 jm PUBLISHED: April 9, 1987 / COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION 1\45-87 FINAL RESOLUTION AUTHORIZING INSTALLATION OF WATER IMPR AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED (Water Main Assessment Area in Janesville Road Contract m-3-87) attached map and Section 9 and the rth, Range 20 East, right-of-way of ection of centerlines of d Lannon Drive; said and Janesville Court; e Road to a point in the North line of Janesville Cour id point being the point of termination. NOW, THEREFORE, IT RESOLVED, by the Common Council of the therefor i arry out the improvements in accordance with the e City of Muskego has or shall advertise for bids any amendments or modifications thereto of the Resolution #45-87 Page Two 3. That payment for the improvements be made by assessing the cost to the property benefited as indicated in the report and any amendments or 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 Resolution #175-86, As Amended, and Resolution #266-86 established an assessment policy for construction of water mains for the City of Muskego, which is hereby made a part of this resolution. Pursuant to Section 5.5 of said be as follows: policy, deferred assessments and installment payments shall A. The properties which are subject to this assessment shall be eligible for a deferred assessment on the following terms and conditions: before the first November 1st after the final (1) Payment of the entire cost of the lateral on or assessment resolution or in two annual installments with interest at 8% per annum on the unpaid balance commencing on the first November 1st after the final being due on the first date when real estate taxes assessment resolution and said first installment properties under Subsection (3)(c) of this are due and annually thereafter except those resolution dealing with deferrals, which shall pay the entire assessment as stated in (3)(c). (2) The assessment (other than lateral charge or the entire assessment for [3][c] property) shall be deferred until the occurrence of the first of the following events: affected to commence payment of the assessment (a) Election by an owner of the property which must be made in writing on or before the first November 1st after water is available or is deemed waived. (b) Sale of any interest in the property. (c) Upon issuance of a building permit for major expansion of commercial or industrial pro erty which is an expansion costing a total of $25,000.00 or more. Resolution 1\45-87 Page Three (d) As to unimproved property, upon issuance of a building permit as to that portion of the property being improved. system on or before the first November 1st (e) On connection of the property to the water after water is available to the property. (f) On connection of the property to the water system after the first November 1st after water connection is voluntarily made, made for a is available to the property, but only if present City ordinance or connection made reason now requiring connection under the because of a future governmental requirement other than a requirement imposed solely at the discretion of the City of Muskego. (3) Upon the occurrence of the first of the above events referred to in Subsection (2) above, the assessments shall be paid as follows: building permit. (a) As to occurrence (d), prior to issuance of (b) As to occurrence (b), upon sale. (c) As to occurrence (a) or (e), on the first November 1st after said occurrence or in ten (10) annual installments with interest at 8% per annum on the unpaid balance commencing on assessment resolution and said first the first November 1st after the final real estate taxes are due and annually installment being due on the first date when thereafter. (d) As to occurrence (c) or (f), on the first November 1st after the occurrence or in ten (10) annual installments with interest at 8% per annum on the unpaid balance commencing on the first November 1st after connection and said first installment being due on the first date when real estate taxes are due and annually thereafter. a Resolution 845-87 Page Four (4) That there shall be interest charged on all deferred assessments at the rate of 8% per annum on the unpaid balance from the first November 1st after the final assessment resolution. This shall be the initial rate for the first five (5) years and shall continue to be the interest rate until paid except that the City shall review the interest rate after five years and may make adjustments in said rate at any time after the initial five years. which are not paid by the date specified above shall (5) In any event, all assessments or installments be extended upon the tax roll as a delinquent tax against the property and all proceeds in relation to the connection, return and sale of property for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute. 6. 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 every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. 0 DATED THIS DAY OF 9 1987. CITY OF MUSKEGO WAYNE G. SALENTINE, Mayor ATTEST : City Clerk 3 I87 jm PUBLISHED: