CCR1989162..
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #162-89
FINAL RESOLUTION AUTHORIZING INSTALLATION OF WATER IMPROVEMENTS
AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
(Woods Road/Lannon Drive West Water Project -
Assmt. District WG, Project MW-8-89)
WHEKEAS, 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 May, 1989, 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 one quarter of Section 15 and
the Southeast one quarter and Southwest one quarter of
Section 16, Town 5 North, Range 20 East, City of Muskego,
Waukesha County, Wisconsin bounded and described as follows:
All those parcels that abut the right-of-way of the following
described centerline of Woods Road, commencing at the
intersection of the centerlines of Woods Road and Lannon
Road 2070.00 Feet more or less to the point of termination.
Drive; thence Southwesterly along the centerline of Woods
NOW, THEREFORE, BE IT KESOLVED by the Common Council of the City
of Muskego as follows:
1. That the report of the City Engineer and any amendments ox
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 conf irmed.
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Resolution #162-89
5. That Resolution #175-86, as amended, Resolution 8266-86, and
Resolution #68-89, as amended, established an assessment
Muskego, which is hereby made a part of this resolution.
policy for construction of water mains for the City of
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
resolution or in two annual installments with interest
the first November 1st after the final assessment
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).
(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 affected to
made in writing on or before the first November 1st
commence payment of the assessment which must be
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.
(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.
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Resolution #162-89
(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
ordinance or connection made because of a future requiring connection under the present City
governmental requirement other than a requirement
imposed solely at the discretion of the City of
Muskego.
(3) Upon the occurrance of the first of the above events
shall be paid as follows:
referred to in Susection (2) above, the assessments
(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
installments with interest at 8% per annum on the
1st after said occurrence or in ten (10) annual
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
adjustments in said rate at any time after the initial
review the interest rate after five years and may make
five years.
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Resolution #162-89 -:
(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 the connection,
return and sale of property for delinquent real estate
otherwise provided by statute. taxes shall apply to such special assessment, except as
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
known or can with reasonable diligence be ascertained. appears on the assessment roll whose post office address is
DATED THIS 27th DAY OF June , 1989.
CITY OF MUSKEG0
WAYNE G. SALENTINE, Mayor
I
ATTEST :
City Clerk
6/89
jz
PUBLISHED: July 6, 1989
i
improvements in accordance WICSB L~W B~,,~,~,
and any amendme+s, ,br modifications {
thereto of the;City Engineer.
3. That payment for'the improvements he '
benefited as indicated in the report and, any '
made by assessing the cost to the property
amendments or modifications thereto.
and any amendments or modifications
4. That assessments shown on the report i
thereto. remesentine an exercise of t.he
~. 6. mat the City Clerk shall publish this
r&el+tion as. a Class, 1. Notice in lhe
assessment district admail 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
offnee address is known or can with reason-
I,.". ."I _,
-able dilicence he ascertained. .. I police power. have been determined on a
reasonabkbasis and are hereby.eonfi-ed.
5. That Resolution #. 175-86. as amended,
Resolution .#.266-86. and +solutiqn 68-
89, as amended, established an assessment
policy for eonsttuctidn pf'Gaier'maiAS f& the
City,of,Muskego, .Tfiich'is, hkreb;&de a
pan of tbi:"iesolbtio". ~uis~ant to Seeion
5.5~0f said polie$:$ifeferied asiessm+s and
install&nt &nierits shill be as folloWs-:,
assessirieht shill ,be'eligibl,e 'foi 6 def6rrGd
A. Thepropihies wh& &,subject toLthis.
assesshent on the foll6wing terms .&d
conditions:
(IlPaymentilftheehtirecostoftheIateral~
on or before the first November 1st ?Rer the
final assespment resolution, or in.tvkiannual~
installmer&!ith interest at 8% &r~anngrK
on the u'n>aid'balahce commencing on the
first November 1st the find .?sse?q-.
being due on the first date when real estate-
ment resolution and said first"instal1ment-
taxes aydueand annually the-maft.&xeept
those properties under Subseeion C3Kc) of.
shall-pay the entire~sssessrnent as stated in'
this resolution dealing with-deferrals, which
(3XcI. ' .< .
charge'or.theLjektire a'ssessrnent f&l3]lcl
(21 The assessment (other than lateral.
property) shall be deferred until the occur:.
Fence of the first of the following even+:
affected to com'mence-pa)'hent of' the,'
(a) EleCLion by~an owner of the prop4rty
assessment which must be made in writi6g
L on or before-the'first Nive~be;'lZi 'er
:i (b) Sale Of any ibierest in the iropertf.
$ater (a available <g is'deemed waived.:.
: (clUpon issuance of~a building..permit.for
i property which ,is an expansion :ebsting;a
$ major expihiion 6f commercial o? indus+ial
j total of 525.000.00or mom. '~ '" ' '"
~ ~ ~~ ~~ ~
~ ivuance 'of a'building permit as to,+t
ld)As: to ..unimplpved. prppe@y, u@n
poition of the property beingimproyed ,-
le) On connection of the .pGpeity to the
water system on or befo? the first ,Noiem-
bir 1st after. water is available, to 'the
Property. . ,.
w&r svstern after the first November 1st
(0 On Connection of the property, to the
afler water isavailable to the pkperty. but
only if co?nfftibn is yoluntarily made, made
for a reawn now re+iring qnneclion under
the present City ordin$"& or connection
hATE6 THE 27th DAY OF June. 1989.
ld Wayne G. Silentine.
CITY OF MUSKEGO
ATEST- !si Jean K. Marenda
City Clerk
I
succeeding tax roll. DATF,D THIS 27th DAY OF June. 1989.
CITY OF.MUSKEG0 . . .~
Jean K. Maienda
Citi Clerk
STATE OF WISCONSIN )
Milwaukee County )
) 5s.
(SEAL)
JUDITH. ZIOLKOWSK I being duly sworn.
doth depose and say tllal he is a11 dtilkrizod replesen!a:ive 91
The .MUSKEG? 5°F. ..
a newspaper published at .WSYEG3
Wisconsin and lhat an adverlisemellt cl which lhe anrlexed is a
lrue copy, laken from said paper. was published lhereill on
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