CCR1987046COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 1/46-87
FINAL RESOLUTION AUTHORIZING INSTALLATION OF WATER IMPROVEMENTS
AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
(Water Main Assessment Area in Lannon Drive from
Contract MW-4-87)
Janesville Rd. to Woods Rd. and Woods Rd. - Assmt. District WC,
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 23rd day of March, 1987, for the purpose of hearing all
interested persons concerning the preliminary resolution and
within the area described below and shown on the attached map and
report of the City Engineer on the proposed water improvements
heard all persons who desired to speak at the hearing:
All that part of the Southeast 114 of Section 9, the
Southwest 1/4 of Section 10, the Northeast 1/4 of Section
16, and the Northwest 114 of Section 15, Town 5 North, Range
20 East, City of Muskego, Waukesha County, Wisconsin,
bounded and described as follows:
All those properties that abut the right-of-way of Lannon
Drive commencing at the intersection of centerlines of
Lannon Drive and Janesville Road (S.T.H. 24); thence
Drive to the point of intersection of centerlines of Lannon
Southerly and Southeasterly along the centerline of Lannon
Drive and Woods Road, said point being the point of
termination.
Also including all that part of the Northwest 1/4 of Section
County, Wisconsin, bounded and described as follows:
15, Town 5 North, Range 20 East, City of Muskego, Waukesha
All those lands that abut the following described line:
Commencing at the intersection of centerlines of Lannon
Drive and Woods Road; thence North 43O 23’ 11” East, 336.80
centerline of Woods Road.
feet to the point of termination. Said line being the
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 improvements in accordance with the report and any amendments or modifications thereto of the
City Engineer.
Resolution 1/46-87
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 11175-86, As Amended, and Resolution
water mains for the City of Muskego, which is hereby made a
11266-86 established an assessment policy for construction of
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:
(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.
(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\46-87
Page Three
(d) As to unimproved property, upon issuance
of a building permit as to that portion of the
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.
(f) On connection of the property to the water
system after the first November 1st after water
is available to the property, but only if
reason now requiring connection under the
connection is voluntarily made, made for a
present City ordinance or connection made
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
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.
November 1st after the occurrence or in ten (d) As to occurrence (c) or (f), on the first
(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.
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Resolution 1/46-87
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. r
6. That the City Clerk shall publish this resolution as a
Class 1 Notice in the assessment district and makl a copy of
this resolution and a statement of the final assessment
name appears on the assessment roll whose post office
against the benefited property to every property owner whose
address is known or can with reasonable diligence be
ascertained.
DATED THIS DAY OF m~ccH , 1987.
CITY OF MUSKEG0
WAYY G. SALENTINE, Mayor
ATTEST : n
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ASSESSMENT DISTRICT WC - CONTRACT MW-4-87
INSTALLMENT ASSESSMENT NOTICE
Assessment District WC for the LANNON DRIVE FROM JANESVILLE RD.
NOTICE is hereby given that contracts have been let for
TO WOODS RD. AND WOODS RD. Water Main construction project,
and that the amount of the special assessment therefore has been
determined as to each parcel of real estate affected thereby and
proposed to collect some of said assessments as determined
a statement of the same is on file with the City Clerk; it is
described in Resolution 1\46-87 as provided by Section 66.54 of specifically by Resolution 1/46-87 in installments as further
the Wisconsin Statutes, with interest thereon at eight percent
will be collected in installments as above provided except such
(8%) per year; that all assessments eligible for installments
with the City Clerk a written notice that he elects to pay the
assessments on property where the owner of the same shall file
City Treasurer on or before November 1, 1987, or November 1st of
special assessment on his property, describing the same, to the
a later year as determined by Resolution 1/46-87. If after making
such election said property owner fails to make the payment to
the City Treasurer, the City Clerk shall place the entire
assessment on the next succeeding tax roll.
Dated this 10th day of April , 1987.
CITY OF MUSKEGO
Charlotte L. Stewart
City Clerk
ASSESSMENT DISTRICT WB - CONTRACT "-3-87
INSTALLMENT ASSESSMENT NOTICE
Assessment District WB for the JANESVILLE ROAD FROM MERCURY DR.
NOTICE is hereby given that contracts have been let for
TO LANNON DR. AND JANESVILLE CT. Water Main construction project,
and that the amount of the special assessment therefore has been
determined as to each parcel of real estate affected thereby and
proposed to collect some of said assessments as determined
a statement of the same is on file with the City Clerk; it is
specifically by Resolution 1/45-87 As Amended in installments as
Section 66.54 of the Wisconsin Statutes, with interest thereon at
further described in Resolution #45-87 As Amended as provided by
eight percent (89.) per year; that all assessments eligible for
installments will be collected in installments as above provided
except such assessments on property where the owner of the same
shall file with the City Clerk a written notice that he elects to
pay the special assessment on his property, describing the same,
to the City Treasurer on or before November 1, 1987, or November
Amended. If after making such election said property owner fails
1st of a later year as determined by Resolution 1/45-87 As
to make the payment to the City Treasurer, the City Clerk shall
place the entire assessment on the next succeeding tax roll.
Dated this 10th day of April , 1987.
CITY OF MUSKEG0
Charlotte i. Stewart
City Clerk
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