CCR1991197COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #197-91
AMENDED FINAL RESOLUTION AUTHORIZING INSTALLATION
OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
OF SANITARY SEWER IMPROVEMENTS AND LEVYING
(Hillendale/Wentland and Tans Drive Sewer Project MSS-1-90)
(Assessment District "SA")
WHEREAS, the Common Council of the City of Muskego, Wisconsin,
held a public hearing at the City Hall at 7:OO PM on the 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 sanitary sewer improvement within
all persons to speak at the hearing:
the area described below and shown on the attached map and heard
Sanitary Sewer Assessment Area
Assessment District "SA"
for Project MSS-1-90
See Attached Legal Description and Map
was adopted on March 26, 1991, and
WHEREAS, a final assessment resolution concerning this matter
WHEREAS, now certain changes in the assessment roll are
necessary to lower certain assessments because of corrections to
request of owners of said properties all of whom have executed a
said roll and to raise certain assessments pursuant to the
Waiver of Special Assessment Notices and Hearings.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of Muskego as follows:
1.
2.
3.
4.
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
City Engineer.
report and any amendments or modifications thereto of the
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.
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 #197-91 Page 2
5. 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
benefit of those being assessed and the City. The City has
assessment policies in order to improve the same for the
not completed its review to the degree necessary to attempt
to change its policies. However, the City as to this
assessment changes those policies as follows as reflected
on the modified and amended report:
A. That each parcel being assessed is responsible for the
payment of the assessment in the manner set forth in
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
B. That the remainder of said assessments are deferred as
stated in assessment policies of the City as modified
by Paragraph 7 of this Resolution.
0
6. 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
bear interest at the rate of 8% per annum on the unpaid
installment to the City Treasurer, installment payments to
balance commencing on November 1, 1991 and said first
installment being due on the date when real estate taxes
are due and annually thereof. All assessments or
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
estate taxes shall apply to such special assessment, except
as otherwise provided by statute.
7. 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.
8. 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
Resolution #l97-91 Page 3
the City, at is sole option, negotiates with a property
which the assessment or a portion thereof may be
owner having an assessment come due an agreement by
that additional deferrals would be just and equitable
further deferred when the Common Council determines
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 such
special assessment, except as otherwise provided by
statute.
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.
0 DATED THIS 13TH DAY OF AUGUST , 1991.
SPONSORED BY:
Mayor Wayne G. Salentine
This is to certify that this is a true and accurate copy of
Resolution #197-91 which was adopted by the Common Council of
the City of Muskego.
8/91cac Published August 22, 1991
All that parr of the East one-half of Section 5 and the
Northeast me-quarter of Section 8, To-m 5 North, Xange 20
East, City of Xuskego, Waukesha County, Wisconsin, more
fully described as follows:
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STATE OF WISCONSIN )
Milwaukee Counly )
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being duly sworn,
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a newspaper published al ... Mwkegv ...............
Wisconsin and lhal an adverlisemenl 01 which the annexed is a
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(Signed).
BOOKKEEPER.
CITY OF MUSKEG0
Official Notice
COMhiON COiJNClL
RESOLUTION # 197-91
AUTHORIZING 1NSTALLATION OF
AMENDED FINAL RESOLUTION
SANITARY SEWER IMPROVEMENTS
MEWS AGAINST BENEFITED PROP-
AND LEVYING OF SPECIAL ASSESS-
ERTY (HillendaluWentland and Tans Drive
Sewer Project MSS-1-90) (Assessment Dis-
trict 'SA")
City of Muskego, Wisconsin. held a public
WHEREAS, the Common Council of the
hearing at the City Hall at 7:OO PM on the
hearing all interested persons concerning
12th day of March. 1991, for the purpose of
the Preliminary Resolution and Report of
the City Engineer on the proposed sanitsly
sewer improvement within the area
described below and shown on the attached
map and heard all persons to speak at the
hearing:
Sanitary Sewer Assesement Area
for Project MSS-1-90
Assessment District "SA"
Description and Map
See Attached Legal
WHEREAS. a final asses8ment resolution
concerning this matter was adopled on
March 26. 1991, and
assessment roll are necessary to lower
WHEREAS, now certain changes in the
certain assessments because of corrections
to said roll and to raise certain ansesements
pursuant to the request of owners of said
properties all of whom have executed a
Waiver of Special Assessment Notices and
Hearings.
by the Common Council of the City of
NOW, THEREFORE, BE IT RESOLVED
Muskego as follows:
any amendments or modifications thereto
1. That the report of the City Engineer and
pertaining to the construction of the above-
described public improvements, ineluding
plans and specifications therefore is adopted
and approved.
2. That the City of Muskeao has or shall
advertise for bids and shsliesny out the
improvements in aecordance'with the report
and any amendments or modifications
thereto of the City Engineer.
made by assessing the cost to the property
3. That payment for the improvements be
benefited 8s indicated in the report and my
amendments or modifications thereto.
4. That assessments shown on the report
thereto, representing an exercise of the
and any amendments or modifications
police power. have been detemined on a
reasonable basis and are hereby confirmed.
and the modifications thereto conform with
5. The assessment8 shown on the 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 assessment policies in
order ta improve the same for the benefit u:
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 assessment
changes those policies as follows as reflected
on the modified and amended report:
responsible for the payment of the BBSBSS-
A. That each parcel being assessed is
ment in the manner set forth in Paragraph 6
of this Resolution to the extent of 150 front
feet or the number of front feet of the parcel.
whichever is 1888, plus the cost of all laterals:
md B. That the remainder ofsaid assessments
are deferred as stated in assessment policies
of the City a3 modified by Paragraph 7 of
this Resolution.
6. That the assessments due pursuant to
Paragraph 5 of this Resolution may be paid
or in ten (10) annual installments of
in cash in full on or before November 1,1991
principal together with twelve (12) months
interest per installment to the City Trea-
surer. installment payments to bear interest
1ConP""W 0" nM pap)
at the rate of 8% per annum on the unpaid
balance commencing on November I, 1991
and said first installment being due on the
date when real estate taxes are due and
annually thereof. All assessments or install-
ments 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 eale of property for delinquent
real estate taxes shall apply to such special
assessment. except as otherwise provided by
statute.
7. That portion of the assessments against
property made by this Resolution and not
of this Resolution shall be deferred pursuant
collectable pursuant to Paragraphs 5 and 6
to assessment policies of the City modified
as follows:
graph shall end upon any use being made of
'A. The deferral referred to in this para-
any portion of the property in question (use
specifically including land division) and the
responsibility for payment ofthe msesement
the deferral.
shall apply to all of the, property subject to
8. That all deferred msessments shall
bear interest at the rate of 8% per annum on
the unpaid balance fmm the first November
1 st aRer the date ofthis Resolution and until
yment in full. When the deferral of an
dessment ends, said assessment shall be
paid in cash in full on or before the first
November 1st aRer the end of the deferral
dess the City, at is sole option, negotiates
come due an agreement by which the
th a property owner having an assessment
assessment or a 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 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 such special
assessment. except 8s otherwise provided by
statute.
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 thia
Resolution and a statement of the final
assesement against the benefited PmPe*Y
to every property owner whose name
appears On the assessment roll whose Poat ,,rice address is known or can with reason-
able diligence be ascertained-
1991.
DATED THIS 13TH DAY OF AUGUST.
SPONSORED BY
mis is to certify that this is a tme and
tdaYor Wayne G. Salentine
copy of Resolution # 197-91 which
adopted by the Common Council of the
IS/ Jean K. Marenda
City Clerk
City of Muskego.
Published August 22, 1991
I.