CCR1987161COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 11161-87
AMENDMENT TO FINAL RESOLUTION 11176-86 AUTHORIZING
INSTALLATION OF WATER IMPROVEMENTS AND LEVYING SPECIAL
ASSESSMENTS AGAINST BENEFITED PROPERTY
(Water Main Assessment Area MW-1-86 and MW-2-86)
WHEREAS, on the 12th day of August, 1986, the Common Council of
the City of Muskego adopted Resolution A176-86, and
WHEREAS, the Public Water Committee has recommended that the
deferred assessment payment portion of Final Resolutions 1/45-87
As Amended and 1/47-87 pertaining to water projects MW-3-87 and
MW-5-87 respectively be applied to similar properties which were
subject to Resolution 11176-86 for the benefit of said property
owners and as are listed on Exhibit "1" attached,
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the
City of Muskego as follows:
1.
2.
3.
That upon written consent of all of the owners of each of the
properties described on Exhibit "l", each assessment will be
amended to indicate the payment schedule selected in
accordance with the following deferred policy to the extent
it can be retroactively implemented, which would appear in
each case to be more advantageous to the property owner.
That if the written consent of all of the owners of any
specific property has not been given on or before 60 days
from the date of this resolution, their assessment shall
remain as previously specifically assessed.
That Resolution 11175-86, As Amended, and Resolution 11266-86
established an assessment policy for construction of water
mains for the City of Muskego, which is hereby made a part of
deferred assessments and installment payments shall be as
this resolution. Pursuant to Section 5.5 of said policy,
follows:
A. The properties listed on Exhibit "1" 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
assessment resolution or in two annual installments
with interest at 8% per annum on the unpaid balance
assessment resolution and said first installment
commencing on the first November 1st after the final
are due and annually thereafter except those
being due on the first date when real estate taxes
properties under Subsection (3)(c) of this
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Page Two -
0 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
property 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.
(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
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.
events referred to in Subsection (2) above, the
(3) Upon the occurrence of the first of the above
assessments shall be paid as follows:
(a) As to occurrence (d), 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%
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Page Three
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.
0
November 1st after the occurrence or in ten
(d) As to occurrence (c) or (f), on the first
per annum on the unpaid balance commencing on
(10) annual installments with interest at 8%
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.
(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
five years and may make adjustments in said rate at
that the City shall review the interest rate after
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
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.
be extended upon the tax roll as a delinquent tax
4. That since payment of the assessments for those properties
listed on Exhibit "1" have been handled in various manners,
refunds may be allowed to the property owners depending on
which payment schedule is selected by the property owners in
accordance with the above policy.
5. All provisions of Resolution #176-86 and all documents
referred to therein, unless specifically amended by this
resolution, remain in full force and effect.
DATED THIS 21 DAY OF 3ULV , 1987.
I CITY OF MUSKEG0
WAYYE G. SALENTINE, Mayor
ATTACHMENT TO RESOLUTION fl161-87
Exhibit "1 "
Assmt. No. WAOOOl
June Elger
Tax Key No. 2225.999
S80 W19178-80 Janesville Rd.
Assmt. No. WA0003 Marilvn M. Weber
Tax Key No. 2226.996
S82 W19834 Janesville Rd.
Assmt.No. WA0004
Tax Key No. 2226.997
James & Bonita Adkins
S82 W19758 Janesville Rd.
Assmt.No. WA0005
Waukesha County Park
Tax Key No. 2226.998
Assmt.No. WA0006
Tax Key No. 2226.999
Waukesha County Park
Assmt.No. WA0007
Kenneth G. Thiele
Tax Key No. 2227.991
S83 W20342 Janesville Rd.
Assmt.No. WA0044
Walter K. Bohrer
Tax Key No. 2232.998
S83 W20411 Janesville Rd.
Assmt.No. WA0034
Arthur R. Zangerle
Tax Key jl2232.988
S84 W20938 Janesville Rd.