CCR1988061COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 1/61-88
FINAL RESOLUTION AUTHORIZING INSTALLATION OF WATER IMPROVEMENTS
AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
(Water Main Assessment - Bay Lane Water Project MW-6-88
Assmt. District WE)
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 10th day of March, 1988, 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 Section 10, Town 5 North, Range 20
East,City of Muskego, Waukesha County, Wisconsin bounded and
described as follows:
All that property that abuts the right-of-way of the
centerlines of Woods Road and Bay Lane; thence Northerly
following described line; commencing at the intersection of
along the centerline of Bay Lane to the point of
intersection of said centerline and the South line of the
Northeast one quarter line of Section 10 said point being
the point of 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
or modifications thereto pertaining to the above-described
public improvements, including plans and specifications
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
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.
Resolution 1/61-88
Page Two
5. That Resolution 1t175-86, 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
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:
(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
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 [3l[cl property) shall be
(2) The assessment (other than lateral charge or
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.
(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
after water is available to the property.
system on or before the first November 1st
Resolution 1\61-88
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.
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
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
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
Resolution #61-88
Page Four
(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
statute.
special assessment, except as otherwise provided by
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 DAY OF 7y\fir\x\ , 1988.
1- I
CITY OF MUSKEG0
ATTEST : e
"-d A*,
WAYNEJG. SALENTINE, Mayor
PUBLISHED: rnQUCA dl, /988
1 Official Notice CITY OF MUSKEG0
PROPERTY (Water Main Assessment - Ray
trict WE1
1,ane. Water Project MW-6-88 Assmt. Dis-
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
10th day of March. 1988, for the purpose of
hearing all interested persons concerning
the prellminary resolution and report of the
City Engineer on the propostld wa:er
lmprovemrnts wlthin the area described
below and shown on the attached map and
heard a11 persons who desired to speak st
the hearing:
All that part of Section 10. Town 5 North.
Range 20 East. City of Muskego, Waukesha
County, Wisconsin bounded and described
as follows:
All that property that abuts the rlght-of.
way of the following described line; com-
mencing at the intersemon of centerlines of
Woods Road and Ray 1,ane; thence North-
erly along the centerline of Ray Lane to the
the South line of the Northeast one quarter
point of intersection of said crnrerline and
line of Section 10 said paint being the point
of termination.
by the Common Council of the City of
NOW, THEREFORE, BE IT RESOLWD,
Muskego as follows:
1, That the report of the City Engineer and
any amendments or modifications thereto
pertaining to the above-described public
improvements, including plans and speeifi-
cations therefor is adopted and approved.
advertise for bids and shall carry out the
2. That the City of Muskego has or shall
and any amendments or modifications
improvements in accordance with the report
thereto of the City Engineer.
3. That payment for the improvements be
made by assessing the cost to the property
benefit.ed as indicated in the report and any
amendments or modifications thereto.
4. That ase65ments shown on the report
and any amendments or modifications
thereto. representing an exercise of the
police power. have been determined an a
reasonable basis and are hereby confirmed.
Amended. and Resolution # 266-86 estab-
5. That Resolution # 175-86. A6
lished an assessment policy for construction
of wstcr mains for the City of Muskego,
whxh 6 hcreby made a part of this
resolution. Pursuant to Section 5.5 of said
policy, deferred assessments and install-
ment payments shall be as follows:
assessment shall be ellgible for a deferred
A. The properties which are subject to this
assessment on the following terms and
conditmns:
on or before the first November 1st after the
(1 j Payment of the entire cost ofthe lateral
final assessment resolution or in two annual
tnstallments with int,erest at 8% per annum
on the unpaid balance commencing on the
first November 1st after the final assess-
being due on the first date when real estate
ment resolution and said first installment
taxes are due and annually thereafter except
those properties under Subsection (311~) of
this resolutlo, dealing with deferrals. which
(3KC).
shall pay the entire assessment as stated in
'2) The assessment (other than lateral
charee or the entlre assessment, for (311~)
Property1 Shall be aeterrea unto1 me occur-
rence of the first of the following events:
affected to commence payment of the
fa) Election by an owner of the property
assessment 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 indust,rial
property which is an expansion costing a
t.otal of 525,000.00 or more.
issuance of a building permit as to that
Id1 As to unimproved property, upon
Portion of the property being improved.
(e) On connection of the property to the
water System on or before the first ~0"~~-
ber 1st after water is available to the
property.
(0 On connection of the property to the
after water is available tqthe property. but
Water system after the first ?ilovember 1st
Only if connection 1s voluntarily made, made
the present City ordinance or connection
for a reason now requiring connection !,"der
made because of a future governmental
requirement other rhnn n requirement
imposed solely at the discretion ofthe City of
Muskego.
(3) Upon the Occurrence of the first ,$the
above. the assessments shall be paid as
above events referred to in Subsection (2)
follows:
(a1 As to occurrence (d). prior to issuance
of building permit.
(bl As to occurrence (b). upon sale.
(c) As to oeurrence la) or (e). on th>first
November 1st after said mcurrence or in ten
110) annual installments with interest at 8%
per annum on the unpaid balance commene-
ing on the first November 1st after the final
assessment resolution and said first install-
ment being due on the first date when real
estate taxes are due and annually thereaf-
ter.
(dl As to occurrence ic) or IO. on the first
November 1st after the occurrence or in ten
(101 annual installments with interest at 8%
per annum on the unpaid balance commenc-
tion and said first installment being due on
ing on the first November 1st after connec-
the first date when real estate taxes are due
and annually thereafter.
(41 That there shall be interest charged on
all deferred assessments at the rate of 8%
first November 1st after the final assess-
per annum on the unpaid balance from the
for the first five (5) years and shall continue
ment resolution. This shall be the initial rate
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 iilitial five
years.
(5) In any event. all assesmnents or
specified above shall be extended upon the
installments which are not paid by the date
tax roll as a delinquent tax against the
connection. return and sale of property for
property and dl proceeds in relation to the
delinquent real estate taxes shall apply to
such special assessment, except as otherwise
provided by statute.
6. That the City Clerk shall publish this
resolutnon as a Class 1 Notice In the
assessment distrlet 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 reason-
able diligence be ascertained. DATED THIS 22nd DAY OF March, 1988.
CITY OF MUSKEG0
/#ape G. Salentine. M8"W
ATTEST:
City Clerk
PURLISHED March 31. 1988
STATE OF WISCONSIN )
Milwaukee County )
) ss.
(SEAL)
JUDITH ZIOLKOWSKI being duly sworn,
doth depose and say that he is an authorized representative of
'i~he YUSKEGO .. SUN ~~ ~ ... ..
a newspaper published at .M.L!SKEGO . .. ..
Wisconsin and that an advertisement 01 ;:.hich the annexed is a
true copy, taken from said paper, was published therein on
MAR .3 .i !%.8 . . . . . . . . .
.. . . . ..
..
.. i i i i (Signed) ..
BOOKKEEPER. i E
[
Subscribed and t
of . .. I 1
! !*
My Commission expires A.P.R.. 16, 13 89.
t
ASSESSMENT
DISTRICT WE
A