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CCR1995142COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #142-95 FINAL RESOLUTION AUTHORIZING INSTALLATION OF SANITARY SEWER IMPROVEMENTS AND LEVYING OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY (Boxhorn/Groveway/Ryan) (Assessment District "SF") WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a public hearing at the City Hall at 8:OO PM on the 19th day of June, 1995, 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-1-93 Assessment District "SF" 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. -a. 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 extent not modified by this Resolution. Pursuant to said now in existence as set forth in Resolution #104-95, to the policy, the City has determined the method of assessment to be a combination of a Unit Assessment and a Front Foot Assessment as more particularly set forth in the engineer's report referred to herein and any amendments or modifications to the same. Resolution #142-95 Page 2 properties combine to form only one parcel: In addition thereto, if any of the following Tax Key No. Tax Key No. 2252.987 with 2252.986 Tax Key No. 2252.989 with 2252.988 Tax Key No. 2252.991 with 2252.990, and said process is completed on or before the day of will be reduced to reflect an assessment for only one parcel and any additional costs are hereby determined to be non-assessable. In addition thereto, the assessment for 2252.963 shall be deleted from the assessment roll and treated as non-assessable costs. , 1995, as to those properties that assessment 6. That the assessments due pursuant to Paragraph 5 of the Assessment Policy set forth in Resolution #104-95 may be paid in cash in full on or before November 1, 1995 or in ten (10) annual installments of principal together with twelve (12) months interest per installment to the City Treasurer, annum on the unpaid balance commencing on November 1, 1995 installment payments to bear interest at the rate of 8% per 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. 0 7. That portion of the assessments against property made by this Resolution and not collectable pursuant to Paragraph 5 of the Assessment Policy are deferred and collectable as set forth in said policy. 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 such special assessment, except as otherwise provided by of property for delinquent real estate taxes shall apply to statute. Resolution #142-95 Page 3 0 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 11th DAY OF JULY , 1995. SPONSORED BY: Mayor David L. De Angelis Deferred 6/21/95 This is to certify that this is a true and accurate copy of Resolution #142-95 which was adopted by the Common Council of the City of Muskego. A 6/95 jmb Published: July 27, 1995 - h COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #142-95 OF SPECIAL ASSESSMENTS AGAINST BENEFIT (Boxhorn/Groveway/Ryan) (Assessment District "SF" WHEREAS, the Common Council of the City of held a public hearing at the City Hall day of June, 1995, for the purpose of h persons concerning the Preliminary Reso City Engineer on the proposed sanitary the area described below and shown on all persons to speak at the hearing: Sanitary Sewe 1. 2. 3. 4. 5. NOW, THEREFORE, BE IT the Common Council of the City of Muskego as follows: That the report of the//City Engineer and any amendments or modificati pertaining to the construction of the improvements, including plans and re is adopted and approved. go has or shall advertise for bids and shall carry the improvements in accordance with the report and any ndments or modifications thereto of the mprovements be made by assessing the enefited as indicated in the report ents or modifications thereto. on the report and any amendments or representing an exercise of the n determined on a reasonable basis the report and the modifications policies of the City of Muskego orth in Resolution #104-95, to the is Resolution. Pursuant to said rmined the method of assessment to Assessment as more particularly set forth in the engineer's be a combination of a Unit Assessment and a Front Foot modifications to the same. report referred to herein and any amendments or Resolution #142-95 Page 2 0 properties combine to form only one parcel: In addition thereto, if any of the following Tax Key No. Tax Key No. 2252.987 with 2252.986 Tax Key No. 2252.989 with 2252.988 Tax Key No. 2252.991 with 2252.990, and said process is completed on or before the day of will be reduced to reflect an assessment for only one parcel and any additional costs are hereby determined to be non-assessable. In addition thereto, the assessment for 2252.963 shall be deleted from the assessment roll and treated as non-assessable costs. , 1995, as to those properties that assessment 6. That the assessments due pursuant to Paragraph 5 of the Assessment Policy set forth in Resolution #104-95 may be paid in cash in full on or before November 1, 1995 or in ten (12) months interest per installment to the City Treasurer, (10) annual installments of principal together with twelve installment payments to bear interest at the rate of 8% per annum on the unpaid balance commencing on November 1, 1995 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. 7. That portion of the assessments against property made by this Resolution and not collectable pursuant to Paragraph 5 of the Assessment Policy are deferred and collectable as set forth in said policy. 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 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 installments which are not paid by the date specified shall be extended upon the proceedings in relation to the collection, return and sale tax roll as a delinquent tax against the property and all of property for delinquent real estate taxes shall apply to statute. such special assessment, except as otherwise provided by Resolution #142-95 Page 3 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 DAY OF , 1995. SPONSORED BY: Mayor David L. De Angelis Deferred 6/27/95 This is to certify that this is a true and accurate copy of City of Muskego. Resolution #142-95 which was adopted by the Common Council of the 6/95jmb City Clerk Published Ruekert Miellce May 31, 1995 LEGAL SPECIAL ASSESSMENT & MAP FOR BOXHORN & RYAN City of Muskego Sanitary Sewer Assessment District SF RyanBoxhodGroveway For: City of Muskego Southeast one-quarter of Section 24, the Northwest and Northeast one-quarter of Section All that part of the Southeast one-quarter of Section 23, the Southwest and 25, and the Northeast one-quarter of Section 26, Tow 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin bounded and described as follows: 0 All those parcels that abut the right-of-way of the following described streets, Groveway Lane, Ryan Road from North Cape Road \Vesterly to the West end of Ryan Road, Boxhorn Drive from the intersection of Ryan Road; thence Northerly to a point 60 feet North of the North line of the Southwest one-quarter of Section 24. hchard A. Eberhardt, R.L.S. RAE:jkc 13-92038.01 legals/murkego/ryan_box.doc c: File ,-’ Y 3 -E STATE OF WISCONSIN ) Milwaukee County ) ) ss. (SEAL) JUDITH ZIOLKOWSKI being duly sworn, doth depose and say that he is an authorized representative Of The MUSKEGO SUN. , .. . .. a newspaper published at . . MUSKEGO . . . . . . . .. .. Wisconsin and that an advertisement of which the annexed is a true copy, taken from said paper. was published therein on ... .. . . . . . . . . Official Notice C~MMON COUNCIL FINAL RESOLUTION AUTHORIZING RESOLUTION 8142-95 INSTALUTION OF SANITARY SEWER IMPROVEMENTS AND LEVYING OF SPE- CIAL ASSESSMENTS AGAINST BENE- FITED PROPERTY (BoxhodGrovewayByan) WHEREAS, the Common Council of the (Assessment District "SF") City of Muskego, Wisconsin, held a public hearing at the City Hall at 8:OO PM on the hearing all interested persons concerning the 19th day of June, 1995. for the purpose of Preliminary Resolutioh and Report of the CityEngineerontheproposedsanitarysewer improvement within the area described be- low and shown on the attached map and Sanitary Sewer Assessment Area ,'heard all persons to speak at the hearing: for Project MSS-1-93 Assessment District ':SF." See Attached I*PSI " Deseription and Map ". by the Common Council of the City of Mu- skego as follows: NOW, THEREFORE, BE IT RESOLVEDl any amendments or modifications thereto 1:ThatthereportoftheCityEngineerand described public improvements, including pertaining to the construction of the above- Plans and specifications therefore is adopted and approved. vertise for bids and shall carry out the-im- 2.ThattheCityofMuskegohasorshellad- provements in accordance with the report and any amendments or modificntions thereto of the City Engineer. made by assessing the cost to the property 3.That payment for the improvements be benefited as indicated in the reQart and any amendments or modifications thereto. and any amendments or modifications thereto, representing an exerciseofthepolice 4. That assessments shown on the report . LEGAL SPECIAL ASSESSMENT & MAP FOR BOXHORN & RYAN City of Muskego Sanitary Sewer Assessment Distrid SF RydoxhodGroveway AllthatpartoftheSoutheastone-quarterafSection23,theSouthwest~andSouth- east onquarter of Section 24, the Northwest and Northeast one-qu*r ofSection 25. and the Northeast one-quarter of Section 26. Town 5 North, Range 20 East, City of Muskego. Waukesha County, Wisconsin bounded and desaibsd as follows: Groveway Lane, Ryan-Road hm North CapeRoad Westerly to the West end ofRyan All those parcels that abut the right-of-way of the following descrie streeta, Road,BoxhomDrivefromtheinterseaionofRyanRoad;thenceNortherlytoapoint 60 feat North ofthe North line ofithe Southwest one-auarter of Section 24. 1 &&LMENT ASSESSMENT NOTICE BoxhomiGrovewayKLyan Sewer Project NOTICE isherebygiven that contracts have beenletforAssessmentDi6trict"SF" Project MSS-1-93; Assessment District "SF" fortheBoxhomiGrovewayByanRoadSewerProjectMSS-1-93. and that theamount ofthe special issessment therefore has been determined as to each parcel ofreal es- tate afiected thereby and a statement ofthe same is on file with the City Clerk it is proposcdtocolleetthntsameinten(lO)installments,asprovidedbySectian66.54of the Wisconsin Statutes, with interest thereon at eight percent (8%) peryear:that all assessments will be collected in installments as above provided except such assess- ments on property where the owner ofthe same shall file with the City Clerk within 30 days from date of this Notice a written notice that he elects to pay the special as- sessment an his property, describing the same, to the City Treasurer on or before November 1.1995. If after making such election, said property owner fails to make the payment to the City Treasurer, the City Clerk shell place the entire assessment onthenextsucceedingtaxroll.Anydeferredportionofanyassessmentisnota~ected by this Notice. DATED THIS 24th DAY OF July. 1995 Jean K. Marand!, CMC CITY OF MUSKEGO City Clerk power, have been determined on aieasonable basis and are hereby confirmed. and the modifications thereto conforniwith 5. The assessments shown on the report thepoliciesoftheCityofMuskegonawinn- istence as set forth in Resolution #104-95, te the extent not modified by this Resolution. Pursuant to said policy. the City has deter- mined the method of assessment to be a com- Faot Assessment as more particularly set bination of a Unit Assessment and a Front forth in the engineer'; report referred to he- reinandanyamendmentsormodificationsto the same. Tax Key No. properties combine to form only In addition thereto. ifany ofthe following one parcel: Tax Ke3 No. 2252.987 with 2252.986 Tax Key No. 2252.989 with 2252.988 Tax Key No. 2252.991 with 2252.990, and said process is completed on or before the ties that assessmentwill be reduced to Feflect an assessment for only one parcel and any ad- ditional costs are hereby determined to be nan-assessable. 2252.963 shall be deleted from the assess- In addition thereto; the assessment for mentroll and treated esn6n-asseiiable cdsts. Paragraph.5 or the Assessment Policy .set. 6. That the assessments due pursuant to cash in full on or before November 1.1995 or forth in &salutian,#lO4-95 may be paid in :in ten (10) annual installments of principal 'togetherwithtwelve(l2)motithsinterestper installment to the Ci,ty Treasurer. install- ,840 per annum on the unpaid balance mm- 'ment paymenta to bear interest at the rate of medcing on November 1,1995 and said first installment being due on thedate when real estate taxes are due and nnnually thereof. All assessments or in~tallments which are not paid by the date specified sliall beexended upan the tax mll ae a delinquent tax against the property and all proceediigs in relation to the collection, return and salebf property for delinquent real estate taxes shall npply to provided by statute. such special assessment. except a8 otherwise 7. That portion ofthe as8essments against property made by this Resolution and not eol- lectable pursuant to Paragraph 5 of the As> sessment Policy are deferred end ~ollectab~e as set forth in said policy. 8. That all deferred assessments shall bear interest at the rate of 8% per annum on the unpiid balance from the first November 1st after the date of this Resolution and until payment in full. When the deferral ofan as- sessment ends. said assessment shall be paid in cash in full on or before the first November City, at is sale option, negotiates with a prop- 1st alter the end of the deferral unless the erty owner having en assessment come due portion thereofmay be further deferred when an agreement by which the assessment or a the Common Council determines that addi- tional deferrals would be just and equitable under the particular circumstances. All as- sessmentsorinstallments which arenot paid by the date specified shall be extended upon the tax roll as a delinquent tax against the collection. return and sale of property for de- property and allproceedingsin relationto the linquent real estate taxes shall apply to such special assessment, except as otherwise pra- vided by statute. may be reviewed every five (5) years. 9. Interest rates on deferred assessments Resolution as a Class 1 Notice in the assess- 10. Thst the City Clerk shall publish this ment district and mail a copy or this Resolu- tion and a statement ofthe final assessment against the benefited property to every prop- erty owner whose name appears on the as- sessment roll whose post ofice address is known or can with reasonable diligence be ascertained. " day of - - -. 1995. 88 to those proper- DATED THIS 11th DAY OF JULY, 1995. Mayor David L. De Angelis SPONSORED BY Deferred 6/27/95 curate copy of Resolution #142-95 which wae This is to certify that this is a true and ac- adoDted bv the Common Council ofthe Citv of Muskego.., IdJean K. Marenda Published: July 27, 1995 City Clerk