CCR1989199COMMON COUNCIL - CITY OF MUSKEGO
KESOLUTION #199-89
AGAINST BENEFITED PROPEKTY AND WAIVEK OF SPECIAL
FINAL RESOLUTION LEVYING SPECIAL ASSESSMENTS
ASSESSMENT NOTICES AND HEARINGS UNDER §66.60(18)
(WaterIValley Drive - Hampe)
WHEREAS, the undersigned are all of the owners of the Property
described below, and
MSKC 2195.943
pt sw 114 Sec 9 T5N K20E Parcel 2 of Certified Survey
Map 5407 v43/277 1/8/88
WHEREAS, the property owners listed below have requested water
service at this time.
NOW, THEKEFOKE, for valuable consideration acknowledged by all
parties and resolved and agreed as follows:
1.
6 2.
3.
That by executing the acceptance of this Resolution as
waive special assessment notices and hearings under
stated below, the owners of said property also hereby
§66.60(18) and consent to the levying of special
assessments against their property for the benefit of the
water improvement referred to above.
That a special assessment is hereby levied against the
property stated above in the amount of $1,754.68 (front foot).
That Resolution #175-86, as amended, Kesolution #266-86
and Resolution #68-89, as amended, established an
City of Muskego, which is hereby made a part of this assessment policy for construction of water mains for the
deferred assessments and installment payments shall be as
resolution. Pursuant to Section 5.5 of said policy,
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 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) -
. Resolution #l99-89 . Page 2
(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:
commence payment of the assessment which must be
Election by an owner of the property affected to
made in writing on OK before the first November
1st after water is available or is deemed waived.
Sale of any interest in the property.
Upon issuance of a building permit for major
which is an expansion costing a total of
expansion of commercial or industrial property
$25,000.00 OK more.
As to unimproved property, upon issuance of a
being improved.
building permit as to that portion of the property
On connection of the property to the water system
on or before the first November 1st after water is
available to the property.
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
Muskego.
imposed solely at the discretion of the City of
(3) Upon the occurrence of the first of the above events
shall be paid as follows:
referred to in Subsection (2) above, the assessments
(a) As to occurrence (d), prior to
building permit.
issuance of
(b) As to occurrence (b), upon sale
(c) As to occurrence (a) or (e), on
1st after said occurrence or in ten (1 0) annual
the first November
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.
' Resolution 111 99-89 . Page 3
(d) As to occurrence (c) or (f), on the first November
1st after the occurrence or in ten (1 0) 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
balance from the first November 1st after the final
assessments at the rate of 8% per annum on the unpaid
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
may make adjustments in said rate at any time after
shall review the interest rate after five years and
the initial five years.
(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 taxes shall apply to such special
assessment, except as otherwise provided by statute.
7. If this Resolution as well as an agreement acceptable
the property owners stated below within thirty (30) to the City per Kesolution #200-89 are not accepted by
days of passage, it is null and void.
DATED THIS 25th DAY OF July ,1989.
CITY OF' MUSKEGO
WAYNE G. SALENTINE, Mayor
ATTEST :
JEAN K. MARENDA, City Clerk
ACCEPTED BY: