CCR1991206AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #206-91
FINAL RESOLUTION AUTHORIZING INSTALLATION
OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
OF SANITARY SEWER IMPROVEMENTS AND LEVYING
(Valley View Heights Sewer Project MSS-1-91)
(Assessment District "SD")
WHEREAS, the Common Council of the City of Muskego, Wisconsin,
held a public hearing at the City Hall at 7:OO PM on the 22nd
day of August, 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:
Sanitary Sewer Assessment Area
for Project MSS-1-91
Assessment District "SD"
See Attached Legal Description and Map
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of Muskego as follows:
0 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.
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.
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
on the modified and amended report:
assessment changes those policies as follows as reflected
Resolution #206-91 Page 2
6.
7.
8.
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
by Paragraph 7 of this Resolution.
stated in assessment policies of the City as modified
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
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.
That portion of the assessments against property made by
this Resolution and not collectable pursuant to Paragraphs
assessment policies of the City modified as follows:
5 and 6 of this Resolution shall be deferred pursuant to
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)
deferra . shall apply to all of the property subject to the
That all de&yrred assessments shall bear interest at the
rate of 8% pe annum on the unpaid balance from the first
November 1st after 7 the date of this Resolution and until
payment in fulhi When the deferral of an assessment ends,
the first November 1st after the end of the deferral unless
said assessment shall be paid in cash in full on or before
the City, at is sole option, negotiates with a property
owner having an assessment come due an agreement by which
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
+
Resolution #206-91 Page 3
9.
10.
such 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
whose name appears on the assessment roll whose post office
against the benefited property to every property owner
address is known or can with reasonable diligence be
ascertained.
DATED THIS 22ND DAY OF AUGUST , 1991.
SPONSORED BY:
Mayor Wayne G. Salentine
This is to certify that this is a true and accurate copy of
Resolution #206-91 which was adopted by the COINnOn Council Of
the City of Muskego.
8/91cac Published September 12, 1991
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v Sanitary Sewer and Water Improvement Assessment Area
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All that part of the Southeast one quarter of the Southeast one quarter of Section 7
North, Range 20 East, City of Muakego, Waukeaha County, Wisconsin, more fully
and the Northeast one quarter of the Northeast one quarter of Section 18, Town 5
described as follows:
All thoae properties abutting the right-of-way of Gaffney Drive, Pasadena Drive and
Monterey Drive and also Tax Key number 2229.978. -
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STATE OF WISCONSIN )
Milwaukee Counly )
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(SEAL)
Judith Ziotkov~dsfri being duly sworn,
dolh depose and say lhal he is an authorized representalive of
The.. . )Iuskc#o.S1111.. ....................
a newspaper published al ... Mtlskegg. ..............
Wisconsin and that an adverlisemenl of which the annexed is a
twe copy, taken from said palm, was published therein on
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. .:. .... .SEP. Lii.1991.. .....
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(Signed).
BOOKKEEPER,
Subscribed and sworn to before. me this ....
MY Commission expirey ...... .APRIL 31.. 19 33. .
Official Notice
ClTY ol%llJ=co
COMMON COUNCIL - AMENDED
CITY OF MUSKEG0
(Valley View Heights
(Assessment District 'SD")
Sewer Project MSS-1-91)
City of Muskego. Wisconsin. held a public
WHEREAS, the Common Council of the
hearing at the City Hell at 7:OO PM on the
22nd day of August. 1991, for the purpose of
the Preliminary Resolution and Report of
hearing all interested persons concerning
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 st the
hearing:
Sanitary Sewer Assessment Area
Assessment District 'SD"
for Project MSS-1-91
See Attached Legal Deaeription and Map
(See Below)
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, including
&ns and specifications therefore 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.
made by assessing the cost to the pmperty
3. That payment for the improvements be
benefited as indicated in the report and any
amendments or modifications thereto.
and any amendments or modifications
4. That assessment.? shown on the report
thereto, representing an exercise of the
police power, have been determined on a
reasonable bnsis end are hereby confirmed.
5. The assaZsments shown on the report
and the modifications thereto conform with
existence to the extent not modified by this
the policies of the City of Muskego now in
Resolution. The city is now reviewing
certain of its prior asseament policies in
order to improve the same for the benefit of
those being assessed and the City. The City
has not completed ita review to the degree
necessary to attempt to change ita policies.
However, the City as to this aseaaament
changes those policies as follows as reflected
on the modified and amended report:
responsible for the payment of the assess-
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 less, plus the cost of all
laterals; and
E. That the remainder of said assessments
are deferred a6 stated in assessment policies
of the City as 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 fullon orbeforeNovember I, 1991
principal together with twelve (12) months
interest per installment to the City Treasur-
er. installment payments to bear interest et
the rate of 8% per annum on the unpaid
balance commencing an November 1, 1991
and said first installment being due an the
date when real estate taxes are due and thereor. MI 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 pmc-dings in relation to the collection,
rsturn and sale of property for delinquent
assessment. except as otherwise provided by
real estate tues shall apply to such special
statute. 7. That portion ofthe assessment6 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 para-
graph shall end upon any use being made of
any portion of the property in question (use
specifically including land division) and the
responsibility far payment ofthe 888essment
shall apply to all of the pmperty subject to
the deferral.
bear interest et the rate dB% per annum on 8. That all deferred assessments shall
the unpaid balance fmm the first November
1st der the date ofthis 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 afler the end of the deferral
unless the City, at its de option, negotiates
with a property owner having an assessment
come due an agreement by which the
assessment or a portion thereof may he
further deferred when the Common Council
be just and equitable under the particular
determines that additional deferrals would
circumstances. All assessment8 or install-
mente which are not paid by the date
specified shall be extended upon the tax roll
as a delinquent tax against the property and
return and sale of property far delinquent
all proceedings in relation to the collection.
real estate taxes shall apply to such special
assessment, except as otherwise provided by
statute.
may be reviewed every five (5) yeam,
9. Interest rates on deferred assessments
10. That the City Clerk shall publish this
Resolution as a Clase 1 Notice in the
assessment district and mail a copy of this
'Resolution and a statement of the final
assessment againet the benefited property
to every property owner whose name
appears on the assessment mll whose post
ofice address is known or can with reason-
able diligence be ascertained.
1991.
DATED THIS 22ND DAY OF AUGUST,
SPONSORED BY
Mayor Wayne G. Salentine
accurate copy of Resolution # 206-91 which
This is to certify that thin is a tme and
was adopted by the Common Council of the
City of Muskego.
IdJean K. Marenda
City Clerk
Published September 12,1991
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