CCR1991056COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #56-91
FINAL RESOLUTION AUTHORIZING INSTALLATION
OF WATER IMPROVEMENTS AND LEVYING
OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
(Woods Road South Water Project MW-11-90)
(Assessment District "WJ")
WHEREAS, the Common Council of the City of Muskego, Wisconsin,
held a public hearing at the City Hall at 7:15 P.M. on 12th day
of March, 1991, for the purpose of hearing all interested
persons concerning the preliminary resolution and report of the
City Engineer on the proposed water improvement within the area
described below and shown on the attached map and heard all
persons who desired to speak at the hearing:
Water Assessment Area
for Project MW-11-90
Woods Road South Water Project
Assessment District "WJ"
See Attached Legal Description h Map
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of Muskego as follows:
1.
2.
3.
4.
5.
That the report of the City Engineer and any amendments or
modifications thereto pertaining to the construction of the
above-described public improvements, including plans and
specifications therefore is adopted and approved.
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.
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.
modifications thereto, representing an exercise of the
That assessments shown on the report and any amendments or
police power, have been determined on a reasonable basis
and are hereby confirmed.
The assessments shown on the report and the modifications
thereto conform with the policies of the City of Muskego
now in existence to the extent not modified by this
Resolution. The City is now reviewing certain of its prior
assessment policies in order to improve the same for the
benefit of those being assessed and the City. The City has
not completed its review to the degree necessary to attempt
to change its policies. However, the City as to this
on the modified and amended report:
assessment changes those policies as follows as reflected
A. That each parcel being assessed is responsible for the
payment of the assessment in the manner set forth in
Resolution #56-91 Page 2
6.
I.
8.
Paragraph 6 of this Resolution to the extent of 150
front feet or the number of front feet of the parcel,
whichever is less, plus the cost of all laterals; and
E. That the remainder of said assessments are deferred as
stated in assessment policies of the City as modified
by Paragraph I of this Resolution.
That the assessments due pursuant to Paragraph 5 of this
November 1, 1991 or in ten (10) annual installments of
Resolution may be paid in cash in full on or before
principal together with twelve (12) months interest per
installment to the City Treasurer, installment payments to
bear interest at the rate of 8% per annum on the unpaid
balance commencing on November 1, 1991 and said first
are due and annually thereof. All assessments or
installment being due on the date when real estate taxes
be extended upon the tax roll as a delinquent tax against
installments which are not paid by the date specified shall
the property and all proceedings in relation to the
collection, return and sale of property for delinquent real
as otherwise provided by statute.
estate taxes shall apply to such special assessment, except
That portion of the assessments against property made by
this Resolution and not collectable pursuant to Paragraphs
5 and 6 of this Resolution shall be deferred pursuant to
assessment policies of the City modified as follows:
A. The deferral referred to in this paragraph shall end
upon any use being made of any portion of the property
and the responsibility for payment of the assessment
in question (use specifically including land division)
shall apply to all of the property subject to the
deferral.
That all deferred assessments shall bear interest at the
rate of 8% per annum on the unpaid balance from the first
November 1st after the date of this Resolution and until
payment in full. When the deferral of an assessment ends,
said assessment shall be paid in cash in full on or before
the first November 1st after the end of the deferral unless
owner having an dssessment come due an agreement by which
the City, at its sole option, negotiates with a property
when the Common Council determines that additional
the assessment or a portion thereof may be further deferred
deferrals would be just and equitable under the particular
circumstances. All assessments or installments which are
not paid by the date specified shall be extended upon the
tax roll as a delinquent tax against the property and all
proceedings in relation to the collection, return and sale
of property for delinquent real estate taxes shall apply to
statute.
such special assessment, except as otherwise provided by
Resolution #56-91 Page 3
0 9. Interest rates on deferred assessments may be reviewed
every five (5) years.
10. 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 26TH DAY MARCH , 1991.
CITY OF MUSKEGO
Wayne G. Salentine
Mayor
ATTEST :
City Clerk
Published April 18, 1991
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ASSESSMENT DISTRICT WJ \h
1 I I- I A11 that part of the Southwest one-quarter of Section 17, Tom 5 North, Range 20 East, City of Muskego, Waukesha County,
Wisconsin, more fully described as follows:
/
411 those properties abutting the right-of-way of Woods Road
from Janesville Road, CTH "L" to 2,000 feet South of Janesville
Road.
I
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STATE OF WISCONSIN )
Milwaukee Counly )
) ss.
(SEAL)
Judith Ziolkowski being duly sworn,
dolh depose and say lhal he is an aulhorized represenlalive of
The.. . MILS~C~U SIIII.. ..................
a newspaper published a1 .. Pl1~ltC13u. ............
Wisconsin and lhal an adverlisemenl of which Ihe annexed is a
Inbe copy, laken horn said paper. was published therein on
......................
...........................
. :. . ..!.e IS 1991.. ......
......................
........................
.....
(Signed). .
BOOKKEEPER,
Subscribed and swoln lo before me lhis ... /.&e. . day -be
MY Commission expires, ... .APRIL. 3 3. .. 19 .93 .. /'
:RTY (Woods Road South Wab
Project MW-11.90)
WHEREAS, the Common Council of the
(Assessment District WJ‘)
City of Muskego. Wisconsin. held a public
hearingattheCityHalIat7:15P.M,onlZth
day of March, 1991, for the purpose of
hearing all interested persons concerning
the preliminary resolution end report of the
City Engineer on the proposed water
improvement within the area described
below and shown on the attached map and
heard ell persons who desired to speak at
the hearing:
Water Assessment Area
Woods Road South Water Project
for Project MW-11-90
Assessment District WJ”
See Attached Legal Description &Map
NOW, THEREFORE, BE IT RESOLVED
by the Common Council of the City of
Muskego a8 follows:
any amendments or modifications thereto
1. That the report ofthe City Engineer end
pertaining to the construction of 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 improvemnnts be
made by assessing the coat to the property
benefited as indicated in the report and any
amendments or modifications thereto.
4. That assessments shorn 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.
and the modifications thereto conform with
5. The assessments shown on tbe report
the policies of the City of Muskego now in
existence to the extent not modified by this
Resolution. The City is now reviewing
certain of its prior aeaeaament policies in
order to improve the same for the benefit of
thoae being assessed and the City. The City
has not completed its review to the degree
However. the City as to this assessment
necessary to attempt to change its policies.
changes those policies as followvs BS reflected
on the modified and amended report:
responsible for the payment of the B88eBs-
A. That each parcel king mead is
ment in the manner set forth in Parwaph 6
of thie Reaolution to the extent of 150 front
feet or the number of front feet of the pareel,
whichever is less, plus the cost of all laterale;
and
are defemd as stated in assensment policies
E. That the remainder ofsaid asmusmentn
of the City as modified by Paragraph ‘7 of
this Resolution.
Paragraph 5 of this Resolution may be paid
6. That the assessments due pursuant to
in cash in full an or before November 1,1991
or in ten (10) annual installments of
principal together with twelve (12) months
interest per installment to the City ha-
~urer, installment payments to bear interest
at the rate of 8% per annum on the unpaid
balance commencing on November 1, 1991
date’when real estate taxes are due and
and aaid first installment being due on the
annually therwf. All assessments or install-
ments which are not paid by the date
specified shall he extended upon the tax roll
88 a delinquent tax against the property and
all proceedings in relation to the wllection.
return and sale of pmperty for delinquent
assessment. except as otherwise provided by
real estate taxes shall apply to such special
statute.
7. That portion of the assessments against
collectable pursuant to Paragraphs 5 and 6
property made by this Resolution and not
of thi8 Resolution shall be deferred pursuant
to asseSsment policies of the City modified
as fallows:
A The deferral referred to in this para-
graph shall end upon any use being made of
any potiton of the pmperty in question (use
specifidly including land division) and the
responsibility for payment of the assessment
shall apply to all of the pmperty subject to
the deferral.
bear interest at the rate of 8% per annum on
8. That all deferred aBsessments shall
the unpaid balance from the first November
1st &r the date ofthis Resolution and until
payment in hi;. en the deferral of an
assessment ends, aa.d assessment ahall be
paid in cash in full an or’before the first
November 1st after the end of the deferral
with a property owner having an assessment
unless the City, st its sole option, negotiates
come due an agreement by which the
assessment or B portion thereof may be
further deferred when the Common Council
determines that additional deferrals would
be just and equitable under the particular
circumstances. All assessments or install-
ments which are not peid by the date
specified shall be extended upon the tax roll
as a delinquent tax against the property and
all proceedings in relation to the collection.
return and sale of property for delinquent
real estate taxes shall apply to such special
assessment, except as otherwise provided by
statute.
9. Interest rates on deferred assessments
may he reviewed every five (5) year6.
10. That the City Clerk shall publish this
Resolution as a Class 1 Notice in the
assessment distrid and mail a mpy of thm
Resolution and a statement of the final
as8essment againat the benefited property
to every property owner whose name
appears on the assessment roll whose post
offnce address is known or can with reason-
’ DATED THIS 26TH DAY MARCH, 1991.
able diligence be ascertained.
CITY OF MUSKEG0
iflayme G. Salentine
Mayor
~~~ ~
ATPEST
/dJean K. Marenda
City Clerk
I 7- ..... .. I ,4 IBI
I i ASSESSMENT DISTRICT WJ \j
All that oart of the Southwest onn-auarter of ~~~ .~ ~ ~
Section i7. To- 6 North, Range.20 Eeet.
City of Muskego. Waukesha County. Win-
consin, more fully described as follows:
All those properties abutting the right-of-
way of Wds Road fmm Janesville had,
CTH Z” to 2,000 feet South of Janesville
Road.
INSTALLMENT ASSESSMENT NOTICE
Wds Road South Water
Project MW-11-90
Aesesment District WT
NOTICE is hereby given that mntracte
have been let for Assessment Diatriet ‘WJ”
far the Woods Road South Water Project
MW-11-90, and that the amount of the
special as8emment therefore has been deter-
affected thereby and a statement ofthe awe
mined as to each pareel of real estate
to roll& that me in ten (10) installments.
is on file with the City Clerk; it is pmposed
as pmvided by Section 66.54 of the Wismn-
sin Statutes. with interest thereon at eight
percent (8%) per year; that all assessments
will be collected in installments as above
provided except such assessments on pmp-
erty where the owner of the name shall fie
with the City Clerk within 30 days fmm date
of this Notice a witten notice that he elects
to pay the epecial assessment on his
property, desmibing the same. to the City
Treasurer on or before November 1,1991. If
after making such election, said property
orner fails to make the payment to the City
Treasurer. the City Clerk shall place the
entire assessment on the next succeeding
tax roll. Any defemed portion of any
assessment is not affected by this Notice.
DATED THIS 1ST DAY OF APRIL. 1991.
/&lean K Marinda, CMC
City of Muskego
City Clerk
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