CCR1987047COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #47-87
FINAL RESOLUTION AUTHORIZING INSTALLATION OF WATER IMPROVEMENTS
AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
(Water Main Assessment Area in Janesville Road
from Lannon Drive to Bay Lane - Assmt. District WD,
Contract MW-5-87)
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
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:
All that part of the Northwest 114, Southwest 114 and
Northeast 114 of Section 10, 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
Janesville Road (S.T.H. 24) commencing at the intersection
of centerlines of Janesville Road (S.T.H. 24) and Lannon
Drive; thence Northeaster1 along the centerline of
Janesville Road (S.T.H. 24 J to a point 200 feet Northeast of
24) and Bay Lane, said point being the point of termination.
the intersection of centerlines of Janesville Road (S.T.H.
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.
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.
Resolution #47-87
Page Two
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
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:
(1) Payment of the entire cost of the lateral on or
before the first November 1st after the final
with interest at 89, per annum on the unpaid balance
assessment resolution or in two annual installments
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 except those
properties under Subsection (3) (c) of this
resolution dealing with deferrals, which shall pay
the entire assessment as stated in (3)(c).
the entire assessment for [31[c] property) shall be
(2) The assessment (other than lateral charge or
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.
of a building permit as to that portion of the
(d) As to unimproved property, upon issuance
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.
Resolution 1\47-87
Page Three
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
reason now requiring connection under the
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:
(a) As to occurrence (d), prior to issuance of
building permit.
(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.
(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.
deferred assessments at the rate of 8% per annum on (4) That there shall be interest charged on all
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
that the City shall review the interest rate after
continue to be the interest rate until paid except
five years and may make adjustments in said rate at
any time after the initial five years.
Resolution 1\47-87
Page Four .
(5) In any eve&, 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
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
ascertained.
address is known or can with reasonable diligence be
DATED THIS 3ls, DAY OF rn~m , 1987.
CITY OF MUSKEGO t
e ATTEST:
I
i
ASSESSMENT DISTRICT WD - CONTRACT "-5-87
INSTALLMENT ASSESSMENT NOTICE
Assessment District WD for the JANESVILLE ROAD FROM LANNON DR. TO
NOTICE is hereby given that contracts have been let for
BAY LANE 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 a statement of the
same is on file with the City Clerk; it is proposed to collect
some of said assessments as determined specifically by Resolution 1/47-87 in installments as further described in Resolution f47-87
as provided by Section 66.54 of the Wisconsin Statutes, with
assessments eligible for installments will be collected in interest thereon at eight percent (8%) per year; that all
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
Treasurer on or before November 1, 1987, or November 1st of a
assessment on his property, describing the same, to the City
later year as determined by Resolution #47-87. If after making
the City Treasurer, the City Clerk shall place the entire
such election said property owner fails to make the payment to
assessment on the next succeeding tax roll.
Dated this 13th day of April , 1987.
CITY OF MUSKEG0
Charlotte L. Stewart
City Clerk