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CCR1991200COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #200-91 AMENDED FINAL RESOLUTION AUTHORIZING INSTALLATION OF SANITARY SEWER IMPROVEMENTS AND LEVYING OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY (Woods Road South Sewer Project MSS-3-90) (Assessment District "SC") WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a public hearing at the City Hall at 7:15 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 the area described below and shown on the attached map and heard all persons to speak at the hearing: Woods Road South Sewer Project Sanitary Sewer Assessment Area Assessment District "SC" for Project MSS-3-90 See Attached Legal Description and Map WHEREAS, a final assessment resolution concerning this matter was adopted on March 26, 1991, and WHEREAS, now certain changes in the assessment roll are necessary to lower certain assessments because of corrections to said roll and to raise certain assessments pursuant to the request of owners of said properties all of whom have executed a 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 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. Resolution #200-91 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 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 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 I of this Resolution. 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 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 estate taxes shall apply to such special assessment, except as otherwise provided by statute. I. 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) deferral. shall apply to all of the property subject to the 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 #200-91 Page 3 9. 10. the City, at is sole option, negotiates with a property owner having an assessment come due an agreement by which the assessment or a portion thereof may be 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 against the property and all proceedings in relation to shall be extended upon the tax roll as a delinquent tax delinquent real estate taxes shall apply to such the collection, return and sale of property for special assessment, except as otherwise provided by statute. Interest rates on deferred assessments may be reviewed every five (5) years. 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 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 #200-91 which was adopted by the Common Council of the City of Muskego. 8/91cac Published August 22, 1991 il ASSESSMENT DISTRICT SC I All that part of the Southwest one-quarter of Section 17, Town 5 Norrh, Range 20 East, City of Muskego, Waukesha County, Wisconsin, more fully described as follows: All those properties abutting the right-of-way of Woods Road from Janesville Road, CTH "L" to 1,750 feet south of Janesville Road. ,I U I i I .... 1 ,,#.. .. I f 0 0 0 STATE OF WISCONSIN ) Milwaukee County ) ) ss. (SEAL) Judith Ziolkowski being duly sworn, doth depose and say lhal he is an aulhorized lepresenlalive of The.. . Mlrskego .SUII.. . :. .................. a newspaper published at ... Makegq. .............. Wisconsin and lhal an adverlisemenl of which Ihe annexed is a Cue copy, laken from said palm. was published therein on , 0, ........................... .......................... . ......... !w. &2.@.gLj.. .... ........................... ........................... ...... (Signed). BOOKKEEPER, Heanngs. by the Common Council of the City of 1991. NOW. THEREFORE. BE IT RESOLVED DATED THIS 13TH DAY OF AUGUST, able diligence be ascertained. Aseessment Dietrict ‘SC” See Attached hgal Description and Map concerning this matter was adoptad on WHEREAS. a final assessment resolution March 26,1991. and WHEREAS. now certain changes in the assessment 4 are necessmy to lower to said roll and to raise certain ames8ments certain asseesmenm because of corrections pursuant to the request of owners of said properties all of whom have exeNted a Waiver of Special Assessment Noticxs and Muskego 88 follows: SPONSORED BY Mayor Wayne G. Salentine any amendments or modifications thereto This is to certify that this a true and pertaining to the construetlon of the abave- accurate WPY Of Resalution # 200-91 which described public improvements, including was adopted by the Common Council ofthe plane and specifications therefore is adopted City Of Muskego. and approved /d Jean K. Marenda 2. That the City of Muskego has or shall City Clerk advertise for bids md shall c- out the 8/91eac imDrovements in accordance with tho m-rt Published Aumat 2% 1991 l.ThatthereportoftheCityEn%neerand ~~ ~~ ~~~~ end any amendments or modifications thereto of the City Engineer. made by aesessing the cast to the property 3. That payment for the imprnvementa be benefited a8 indicated in the report and my amendments or modifications thereto. and any amendments or modifications 4. That aaaessments shown on the report police power. have been dete-ined on a thereto, representing an exercise of the reasonable basis and are hereby eonftmed. and the modifications thereto eonform with 5. The assessments shown on the report the policies of the City of Muskego now in existence to the extent not modified bv this ~”. li e3 Resolution. The City is now reviewing certain of its prior assessment policies in order to impmve the same for the benefit of has not completed it8 review to the deeree .. ~ ~~~ those being assessed and the City. The City However, the City as to this assemment necessary to~sttempt to change its poli;ies. 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 as8ess- of this Resolution to the extent of 150 front ment in the manner set forth in Paregraph 6 whichever is less. plue the cost of all laterals; feet 01 the number of front feet of the parcel, and E. That the remainderofsaid assessments are deferred ae stated in assessment policiea 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 (IO) annual instellments of principal together with twelve (12) months surer, installment payments to bear interest interest per installment to the City Rea- nt the rate of 8% per annum on the unpaid balance commencing on November 1. 1991 date when real estate taxes are due and and said first installment being due on the annually thereof. All assessments or install- menta which me not paid by the date speeilied shall be extended upon the tax roll as a delinquent tax against the property and all proceedings in relation to the eollection. return and sale of property for delinquent real estate taxes shall apply to such special assessment, except a8 otherwiae provided by statute. I. That portion of the assessments against property made by this Resolution and not collectable pursuant to Parsgraphs 5 and 6 ofthis Resolution shall be deferred pursuant to aessment policies of the City modified ASSESSMENT OlSTRlCT WJ \ part’of the Southwest one quarter of Section 17. Town 5 North. Range 20 East. eonsin. more fully described as follows: City of Muskego. Waukesha County. Wis- way d Wmdn Road fmm Janesville Road. All thoee properties abutting the right& CTH “L” to 2,000 feet South of Janesville Road.