CCR1991201COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #201-91
AMENDED 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 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 Water Project
Water Assessment Area
for Project MW-11-90
Assessment District "WJ"
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
Waiver of Special Assessment Notices and Hearings.
request of owners of said properties all of whom have executed a
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.
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 t201-91 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 I of this Resolution.
6. That the assessments due pursuant to Paragraph 5 of this
Resolution may be paid in cash in full on or before
November 1, 1991 or in ten (10) annual installments of
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.
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 #201-91 Page 3
9.
10.
owner having an assessment come due an agreement by
the City, at is sole option, negotiates with a property
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
shall be extended upon the tax roll as a delinquent tax
against the property and all proceedings in relation to
delinquent real estate taxes shall apply to such
the collection, return and sale of property for
special assessment, except as otherwise provided by
statute.
every five (5) years.
Interest rates on deferred assessments may be reviewed
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.
e 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 #201-91 which was adopted by the Common Council of
the City of Muskego.
8/91cac Published August 22, 1991
1 .
L
ASSESSMENT DISTRICT WJ \
1 X11 that part of the Southwest one-quarter of Section 17, Town 5 North, Xange 20 East, City of Huskego, liaakesha County, / Wisconsin, mor? fully described as follows: ,/-
All those propzrzies abutting the right-of-xay of Woods Road
from JanesvF112 Xoad, CTH "L" to 2,000 fe?: Sauti of Janesville
Road.
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STATE OF WISCONSIN )
Milwaukee Counly )
) ss.
(SEAL)
Judith Ziolkowshi being duly sworn,
dothdepose and say lhal he~isan aulhorized represenlalive 01
a newspaper published at .. NtcskegQ. ..............
Wisconsin and lhal an adverlisemenl of which Ihe annexed is a
true copy, laken lrom said paw, was published lherein on
The.. . ELflsircgu .SIIII.. ...................
......................
...........................
Auk L a 1991 .........................
..........................
........................
(Signed).
BOOKKEEPER,
CITY OF MUSEEGO Off ieial Motice
RESOLUTION # 201.91
COMMON COUNCIL
AUTHORIZING INSTALLATION OF
AMENDED FINAL RESOLUTION
WATER IMPROVEMENTS AND LEVY~IG
OF SPECIAL ASSESSMENTS AGAMST
BENEFITED PROPERTY
(Woods Road South
Water Project Mw-11-90]
(Assessment District WJ")
City of Muskego. Wisconsin, held B public
WHEREAS, the Common Council of the
hearing at the City Hall at 7:15 PM on the
12th day of March, 1991, for the pu-e of
hearing all interested persons concerning
the Preliminary Resolution and Report of
the City Engineer on the proposed sanitaay
sewer improvement within the area
described below and shorn on the attached
map and heard all persona to spd at the
hearing:
Woods Road South
Water Project
Water kssment Area
Anseesment Dintrict WJ"
See Attached Legal
for Project Mw-11-90
WHEREAS. a final assessment resolution
Description and Map
concerning ths mattar was adopted on
March 26, 1991, and
WHEREAS, now certain changes in the
stain assessments because of corrections
:sessment roll am necessary to lower
to said roll and to raise certain assessment4
qurauant to the request of owners of said
owrties all of whom have executed a
./a& of Speciai Assessment Notices and
Hearines.
NO< THEREFORE, BE IT RESOLVED
by the Common Council of the City of
Muskego a8 follows:
1. That the report of the City Engineer and
any amendments or modifications thereto
described public improvements. including
pertaining to the construction of the above-
and approved.
plans and specifications therefore is adopted
2. That the City of Muskego has or shall
advertine 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
benefited BB 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 asseaamenta shown on the report
thereto, representing an exercim of the
reasonable basis and are hereby confirmed.
police power, have been determined on a
5. The assessments shown on the report
the policies of the City of Mukego now in
and the modifications them conform with
existence to the extent not modified by this
Resolution. The City is now reviewing
certain of ita prior assessment policies in
order to improve the same for the benefit of
thase being amesaed and the City. The City
has not completed its renew to the degree
necessary to attempt to change its policies.
However, the City as to this assessment
-hanges thoae policies as follow8 as reflected
n the modified and amended report: A. That each parcel being aseessed is
ment in the manner set forth in Paragraph 6
asponsible for the payment of the assess-
Of this Resolution to the extent of 150 front
feet or the number of front feet of the p-I,
whichever is less. plus the cost of all laterals;
and
B. That the remainder ofsaid assessments
are deferred as stated in assessment policies
this Resolution.
of the City as modified by Paragraph 7 of
6. That the assessmenta due pursuant to
Paragraph 5 of this Resolution may be paid
in cash in full on or before November 1.1991
or in ten (IO) annual installments of
interest per installment to the City %a-
principal together with twelve (12) months
surer, installment payments to bear interest
at the rate of 8% per annum on the unpaid
balance commencing on November 1, 1991
end said Rwt installment being due on the
date when real estate taxes are due and
annually thereof. All assessments or install-
ments which am not paid by the date
specified shall be extended upon the tax roll
as adelinquent 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.
property made by this Resolution and not
7. That portion of the msessments against
collectable pursuant to Paragraphs 5 and 6
ofthis Resolution shall he deferred pursuant
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 pars-
any portion of the property in question (use
specifically including land division1 and the
responsibility for payment ofthe assessment
shall apply to all of the property subject to
the deferral.
bear interest at the rate of8% per annum on
8. That all deferred assessments shall
the unpaid balance from the first November 1st &r 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 the City, at ita sole option. negotiates
with a property owner having an assessment
come due an agreement by which the
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 inatall-
ments which are not paid by the date
specified shall be extended upon the tax roll
as a delinquent tax against the property and
a11 proceedings in relation to the collection.
return and sale of properly for delinquent
real estate taxes shall apply to such special
assessment, except as otherwise provided by
statute.
9. Interest rates on deferred assessmenta
may be reviewed every five (51 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
Tbsolution 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 reason-
able diligence be ascertained.
DATED THIS 13TH DAY OF AUGUST,
1991.
SPONSORED BY Mayor Wayne G. Salentlne
This is to certify that this ie a true and
accurate copy of Resolution # 201.91 which
City of Muskego.
was adopted by the Common Council of the
/d Jean K. Marenda
City Clerk
8/91cac
ASSESSMENT DISTRICT SC
All that part of the Southwest one-quarter
of Section 17, Town 5 North, Range 20 East.
City of Muskego, Waukesha County. Wis- consin, more fully described as follows:
All those pmperties abutting the right-of-
way of Woods Road from Jsnesville Road. CTH "I," to 1.750 feet south of Janesville
Road.