CCR1991207AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #207-91
FINAL RESOLUTION AUTHORIZING INSTALLATION
OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
OF WATER IMPROVEMENTS AND LEVYING
(Valley View Heights Water Project MW-14-91)
(Assessment District "WM")
WHEREAS, the Common Council of the City of Muskego, Wisconsin,
day of August, 1991, for the purpose of hearing all interested
held a public hearing at the City Hall at 7:OO PM on the 22nd
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 to speak at the hearing:
Water Improvement Assessment Area
for Project Mw-14-91
Assessment District "WM"
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
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
Resolution #207-91 Page 2
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
whichever is less, plus the cost of all laterals; and
front feet or the number of front feet of the parcel,
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.
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
collection, return and sale of property for delinquent real
the property and all proceedings in relation to the
estate taxes shall apply to such special assessment, except
as otherwise provided by statute. 0 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)
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
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
e
Resolution #207-91 Page 3
by statute.
such special assessment, except as otherwise provided
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 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 #207-91 which was adopted by the Common Council of
the City of Muskego.
8/91cac Published September 12, 1991
-
STATE OF WISCONSIN 1
Milwaukee Counly )
1 ss.
(SEAL)
being duly sworn.
doth depose and say lhal he is an authorized representative 01
The.. . Nrtskcgo Su11.. ................
a newspaper published al ... l'lrw.kegp. ............
Wisconsin and that an advertisement of which the annexed is a
true copy, taken from said palm. was published therein on
........................
........................... . ........................
........ -WL? 1991.. ...
.....................
(Signed).
BOOKKEEPER.
Subscribed and sworn lo belore.me this .... j.2. ... day -4
...
My Commission expires: ...... .APRIL 3 1 .. 19 .93 ..
Official Notice
CITY or hrn'SbEG0
COMMON COUNCIL.
AMENDED
CITY OF MUSKEGO
RESOLUTION # 207-91
FINAL RESOLUTION AUTHORIZING
INSTALLATION OF WATER LVPROVE-
MENTS AND LEVYING OF SPECIAL
ASSESSMENTS AGAINST BENEFITED
PROPERTY ~~~ ~
(Valley View Heights
Water Project Mw-14-91)
WHEREAS, the Common Council of the
(Assessment District WM")
hearing at the City Hall at 7:OO PM on the
City of Muskego. Wisconsin, held a public
22nd day of August, 1991, for the purpose of
hearing all interested persons concerning
the Preliminary Resolution and Report of
the City Engineer an the proposed water
improvement within the area described
below and ahow on the attached map snd
heard ell persons to speak st the hearing:
Water Improvement haessment Area
for Project MW-14-91
See Attached Legal Description and Map
Assessment District WM"
(Below)
NOW, THEREFORE, BE IT RESOLVED
Muskego 8.8 follows:
by the Common Council of the City of
1.ThatthereportoftheCityE~ngineerand
any^ amendments. or modjficatip? @eretq
pertaining to the construction of the &?e-
described public improvements, including
plans and specifications therefore ia addpted l and approved. . ... .
. 2. That the City of Muskego has or.?hall
I advertise for bids and shall carry out the
jmprovemants in accordance with ihe m&rt
thereto of the City Engineer.
and any amendments or modifications
3. That payment for the irnprovemen'te be
made by asseasing the cost to the property
benefited a8 indicated in the report and any
amendments or modifications thereto.
4. That assessmente 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 hemby confirmed.
5. The asnessments shown on the report
and the .modifications thereto conform with
existence to the ertnnt not modified by this
the policits of the City of Muskego now in
Resolution. The city is now reviewing
certain of ita prior aeeessment policies in
with a property owner having an amesament
assessment or a portion thereof may be
come due an agreement by which the
further deferred when the Common Council
determines that additional deferrals would
circumstances. All mseeamenta or install-
be just and equitable under the particular
specified shall be extended upon the tax roll
menta which are not paid by the date
all proceedings in relation to the collection,
as a delinquent tax against the pmperty and
return and sale of property for delinquent
real estate taxes ehall apply to such special
assessment. except as otherwise provided by
statute.
9. Interest rates on deferred asmssmenta
may be reviewed every five (5) ye-.
10. That the City Clerk shall publish thie
Resolution as a Class 1 Notice in the
amewment district and mail a copy of this
Resolution and a statement of the final
to every property owner whose name
assessment against the benefited property
offtce address is known or can with reeson-
appears on the assessment roll whose post
able diligence be ascertained.
DATED THIS 22ND DAY OF AUGUST,
'991.
SPONSORED BY
This is to certify that this is a true and
Mayor Wayne G. Salentine
accurate copy of Resolution # 207-91 which
City ofMuskego.
was adopted by the rommpn Council of the
ldJean K. Marenda
order to improve thesam&w the benefit of W91CaC
City Clerk
those being assessed and the City. The City Published Ceptember 12, 1991
has not completed its review to the degree ,
However, the Cily as to this assessment
necessary to attempt to change its policies.
on the modified and amended report:
changes those policies as follows as reflected
A. That each parcel being assessed is
responsible for the payment of the assess-
of this Resolution to the extent of 150 front
rnent in the manner set forth in Paragraph 6
feet or the number of fmnt feet of the parcel,
whichever, is less, plus the cast of all
laterals; and
are deferred as stated in assessment policies
B. That the remainder of said asseesments
of the City es modified by Paragraph 7 of
this Resolution.
Paragraph 5 of this Resolution may be paid
6. That the assessments due pursuant to
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 Treaaur-
er, installment payments to bear interest at
the rate of 8% per annum on the unpaid
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 install-
manta which are not paid by the date
specified shall be extended upon the tax roll
88 a delinquent tax egainst the property and
all proceedings in relation to the collection,
return and sale of property for delinquent
ass&&"<. CGFipt 8s othe-se pmA8d by
real estate tiies shall apply to such s dal
statute.
progerty made by this Resolution .id no$
7. That portion of the asaessment.s against
eolleaable pursuant to Paragraphs 5 and 6.
of this Resolution shall be +eferr?d eursuqnt
to assessment oolicies of the City modified
as followe:
A. The Cefeik referred to'in ,this para-
maph shall end upon any we beinlr made bf " any portion of the prop& in queition (use
specifically 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 rats of 8% per annum on
8. That all deferred BBBeaamenta sM
the unpaid balance fmm the firat November
1st after the date of this Resolution and until
payment in full. When the deferral of an
amessment ends. said assessment shall be
paid in ash in full on or before the first
unless the City, at ita Bale option, negotiates
November 1st aRer the end of the deferral
Sanitary Sewer and Water Improvement Assessment Area
All that part of the Southeast one quarter of the Southeast one quarter of Section 7
North, Range 20 East, City of Muskego, Waukesha county, Wisconsin, more fully
and the Northeast one quarter of the Northeast one quarter of Section 18, Town 5
described as followe:
All those 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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