CCR1992268AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUT'I€JN #268-92
FINAL RESOLUTION AUTHORIZING INSTALLATION
OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
OF WATER IMPROVEMENTS AND LEVYING
(Valley Drive/Lions Park Water Project MW-15-92)
(Assessment District "WN")
WHEREAS, the Common Council of the City of Muskego, Wisconsin,
held a public hearing at the City Hall at 7:20 PM on the 13th
day of October, 1992, for the purpose of hearing all interested
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-15-92
Assessment District "WN"
All that part of the Southeast one quarter of the Southwest one quarter of Section 9,
Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin more fully
described as follows:
All those properties abutting Valley Drive from 220 feet South of Ann Drive to Valley
Drive (also known as Lions Park Drive Extended) and those properties abutting Valley
Drive (also known as Lions Park Drive Extended) from Pioneer Drive to Valley Drive,
Kristen Drive.
also those properties abutting Pioneer Drive from Valley Drive to 450 feet North of 0
Also See Attached Map.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of Muskego as follows:
1. 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.
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.
3. 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.
4. That assessments shown on the report and any amendments or
modifications thereto, representing an exercise of the
and are hereby confirmed.
police power, have been determined on a reasonable basis
Resolution #268-92 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,
except for Parcel #2195.953 which makes use of 200' of
its 253' front footage so payment of the 200' is as set
forth in Paragraph 6 of this Resolution, plus the cost
of all laterals.
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
6. That the assessments due pursuant to Paragraph 5 of this
Resolution may be paid in cash in full on or before
November 1, 1993 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 I, 1993 and said first
installment being due on the date when real estate taxes
are due and annually thereof. 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.
i I
7. 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
0
A. The deferral referred to in this paragraph shall end
upon any use being made of any portion of the property
in question (use specifically including land division)
and the responsibility for payment of the assessment
shall apply to all of the property subject to the
deferral.
Resolution #268-92 Page 3
8.. That all deferred assessments shall bear interest at the
rate of 8% per annum on the unpaid balance from the first
November 1, 1993 until payment in full. When the deferral
of an assessment ends, said assessment shall be paid in
end of the deferral unless the City, at its sole option,
cash in full on or before the first November 1st after the
negotiates with a property owner having an assessment come
due an agreement by which the assessment or a portion
determines that additional deferrals would be just and
thereof may be further deferred when the Common Council
equitable under the particular circumstances. All
assessments or installments which are not paid by the date
delinquent tax against the property and all proceedings in
specified shall be extended upon the tax roll as a
delinquent real estate taxes shall apply to such special
relation to the collection, return and sale of property for
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
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 27TH DAY OF OCTOBER , 1992.
SPONSORED BY:
Mayor Wayne G. Salentine
This is to certify that this is a true and accurate copy of
Resolution #268-92 which was adopted by the Common Council of
the City of Muskego.
Ruekert I Melke
October 13,1992
LEGAL DESCRIPTION
For: City of Muskego
Watermain Assessment District "WN"
AU that part of the Southeast one uarter of the Southwest one quarter of Section 9, Town 5 North, Range 20 East, 8 ~ty of Muskego, Waukesha County, Wisconsin more fully described as follows:
All those properties abutting Valley Drive from 220 feet South of Ann Drive to Valley Drive (also known as Lions Park Drive Extended) and those properties
abutting Valley Drive (also hown as Lions Park Drive Extended) from Pioneer
Drive to Valley Drive, also those properties abutting Pioneer Drive from Valley
Drive to 450 feet North of Kristen Drive.
Richard A. Eberhardt
I
ASSESMENT DISTRICT “WNT
PROJECT MW - 15 - 92
0
N
P
STATE OF WISCONSIN 1
Milwaukee Counly )
) ss.
(SEAL)
being duly sworn,
dolhdepose and say lhal he-is-an aulhorized represenlalive of
The .. N.tlsltcgU SUN.. ...... .......
a newspaper published al ... Plteikeso. .............
Wisconsin and that an advertisemenl of which Ihe annexed is a
he copy, laken from said palm, was published lherein on
......................
.....................
" /r/J/ C-T %/?A ..... .......
........................
.......................
BOOKKEEPER.
Subscribed and sworn lo ... day
of ....................
My Commission expirey .... .APRIL 3 3. . 19~33 .
CrrY OF MUSKEG0
Official Notice -- this Resolution shall be deferred pursuant to
leeteble pursuant to Paragraph 6 and 6 of
'- aase8sment polidee of the Citv modified
follawva: AMENDED COMMON COUNCIL A. The deferral referred b in this para.
FINAL RESOLUTION AUTHORIZING any portion of the property in question (use
RESOLUTION Y268-92 graph hall end upon any use being made of
MENTS AND LEVYING OF SPECIAL AS- responsibility for payment of the assessment
INSTALLATION OF WATER IMPROVE- specifically including land division) and the
PROPERTY(Val1ey DrivdLions Park Water deferral.
SESSMENTS AGAINST BENEFITED shaUapplytoalloftheprapertysubjecttothe
~ ~ ~ ""
Pmjeot MW-15-92) (Assessment Diatrict
W")
WHEREAS, the Common Council of the
hearing at the City Hall at 7:20 PM on the
City of Musltego. Wisconsin, held B public
hearingall intereatedpersonseancerning the
13th day of October. 1992, for the purpose of
Preliminary Resolution and Report of the
City Engineer on the proposed water im-
provement within the area described below
and shown on the attached map and heard all
persons to speak at the hearing:
ProjectMW-15-92AssessmentDistriet'WN"
Water Improvement Assessment kea for
of the Southwest one quarter of Section 9,
All that part aC the Southeast one quarter
Town 5 North. Range 20 East, City of Mu-
skego, Waukesha County. Wisconsin mare
fully described a8 follows:
All those properties abutting Valley Drive
from 220 feet South of Ann Drive to Valley
tended) and those properties abutting Valley
Drive (also known aa Lions Park Drive Ex-
Drive (also known as Lions Park Drive Ex-
tended) from Pioneer Drive to Valley Drive.
also those properties abutting Pioneer Drive
fromValleyDriveto450feetNorthofKrietsn nriv.
Also See Attached Map.
by the Common Council of the City of Mu-
NOW, THEREFORE, BE IT RESOLVED
interest at the rate af8% per annum on the
8. That all deferred assessments shall bear
unpaid balance from the first November 1,
1993untilpa~entinfull.Whenthedpferral
ofan srsessmentends, saidaasessmentshdl
he paid in cash in full on or before the first
November letsfter the endafthedeferral un-
less the City. at its sole option, negotiates
with a property owner having an assessment
come due an agreement by which the asses8-
merit or a portion thereof may be further de-
ferred when the Common Council detemtnes
equitable under the particular eircum.
that additional defemals would be just and
stances. All sssessments or installments which are not paid hy the date specified shdl
be extended upon the tax roll as a delinquent
tax against the prnperty and all proeeedinv
in relation to the collection, return and sale of
property for delinquent real estate taxes
shall apply to such special assessment, a-
cept a8 otherwise provided hy statute.
may be reviewed every five (5) years.
9. Interest rates on deferred assessments
10. That the City Clerk shall publish this
Resolution as a Class 1 Notice in the BSS~SB-
tion and a statement of the final assessment
ment district and mail a copy of this Resolu.
against the benefited praperty to every prop.
erty owner whose name appears on the a3-
aesement roll whose DOSt onice address is
skego as follows: known or can with remanable diligence be
pertaining to the construction of the above- 1992.
sny amendments or modifications thereto DATED THIS 27~~ DAY OF OCTOBER,
described public improvements, including
plans and specifications therefore is adopted Mayor Wayne G. Salentine SPONSORED BY:
and approved~ This is to certify that this is B true and ac-
2.ThattheCityofMuskegohasarshallad- euratecopyofResalution'268-92which WBB
vertiss for bids and shall carry out the im- adoptedbytheCammonCounnloftheCityaf provements in accordance with the report Muskega.
and any amendments or modifications in ac-
eordsnce with the City Engineer.
IdJean K Marenda
City Clerk
made by assessing the cost to the P'DPertY IlJSTALLMENTASSESSMENTNOTICE
benefited as indicated in the report and any Valley DrivdLions Park Water Project pro- amendments OT modifications thereto.
4. That asaessmants ehown on the report NOTICE is hereby given that contracts
ject MW-15-92; Assessment District "WN"
and any amendments or modifications have been let for Aasesement District WN"
thereto, representing an exercise ofthe police for the Valley !Jrive/Lions Perk Water Project
basi.a and are hereby confirmed.
power,haveheendeterminedonereaaoaable MW-15-92,andthattheamountoftheapacial
5. The aasesaments shown on the report to ea& parcel of real estate dfected thereby
assessmenttherefore has beendetermined aa
and the modifications thereto conform with sndastatementoftheaameiaonfilewiththe
the policies ofthe City ofMuskego now in ex- City Clerk; it ia proposed to collect that aame
isten== to the extent not modified by this Re- in ten (10) inatallrnenta. as pmvided by Sec-
aolu~ion. The City is now reviewing certain of tion 66.54 of the Wisconsin Statutes. with in-
the for the benefit of those being that all assessment8 will be collected in in- its pfior a8seBsment policies in order to im- terest thereon ateightpercent (8%)peryear;
assessed and the City. The City ha. not cam- staliments BB above provided except such as-
pieted its review to the degree necessary to seasmentsonpropertywharstheownerofthe
attempt to hRnge its po~ide~. However, the mme nhall fie with the City Clerk within 30
cityastcthi~~sessmentchanges thosepoli. days from date ofthis Notice a written notice
vies as fol)ows on the modified that he elects to pay ths spcial assessment
end amended report:
A. That eseh being assessed is re- City Treasurer on DT before November 1.
an his property, describing lhe same, to the
inthemennersetfarthinparagraph60fthis ertyownerfailsmmake thepayment to the
sponsible far the the assessment 1993. Ifafter makingsuch election, said prop-
~e~,,l,,ti,,,, to the extent of 150 front feet or City Treasurer, the City Clerk shall place the
the number of fmnt feet of the parcel, whi- entire sseessment on the next succeeding tax
=hever is less, plus the of all laterals. ex- roll. Any deferred portion af any assessment cept for parcel ~195.963 which makes use of is not affected by this Notice. zO(y ofits 253' front fmtage so payment afthe DATED THIS 16TH DAY OF N0"F.M-
2o(y is set forth in Paragraph 6 of this Re- BER 1992.
solution, the cost of all laterals. CITY OF MUSKEGO
are deferred as etated in assessment policies B. mat the remainder ofsaid asse8smel)k Jean K. Marenda, CMC
ofthe city asmodified by Paragraph 7 ofthis
City Clerk
Resolution.
paragraph 5 of this Resolution may he pad In
6. That the aBsesaments due pursuant
in full an or before November 1,1993 Or
in ten (10) annual installments of principal
togetherwith tweh (12) month intereat per
installment to the City Treasurer, install-
ment to bear interest at the rate of
8% por annum on the unpaid balanm am-
installment being due on the date when real
mendning on November 1.1993 and mid
estate tares due and annuab' thereor All assesBment8 or installments which -e not
paid by the date specified shall be extended
upon the tar as a delinquent tax against ~epr~pert~~d~~~pr~~ngainrelationto
the ao~~ection. return and ede ofprw=*y for
. ..
1.ThstthereportoftheCityEngineerand ascertained.
3. That payment for the improvements be 10/92jmh
delinquent real estate taxes dd apply to
mch asseamnent, except othehae