CCR1996042COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #42-96
FINAL RESOLUTION AUTHORIZING INSTALLATION
AMENDED AND REVISED
OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
OF SANITARY SEWER IMPROVEMENTS AND LEVYING
(Assessment District "SF")
(Boxhorn/Groveway/Ryan)
WHEREAS, the Common Council of the City of Muskego, Wisconsin,
held a public hearing at the City Hall at 7:30 PM on the 13th
day of February, 1996, for the purpose of hearing all interested
persons concerning the Preliminary Resolution #142-93, Amended
Preliminary Resolution #111-95, Resolution #11-96, and Report of
the City Engineer, as amended, 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
Assessment District "SF"
for Project MSS-1-93
See Attached Legal Description and Map
WHEREAS, a final assessment resolution concerning this matter was
adopted on July 11, 1995 and an amended final assessment
resolution was adopted on September 26, 1995; and
WHEREAS, on January 23, 1996, the Common Council adopted
Resolution #11-96 to reconsider and reopen said assessment per
Wisconsin Statutes $66.60(10).
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of Muskego that it does reconsider and reopen final assessment
Resolution #142-95 as amended by Resolution #185-95 and act as
follows :
1.
L.
0 3.
That the amended 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
City Engineer.
report and any amendments or modifications thereto of the
cost to the property benefited as indicated in the report
That payment for the improvements be made by assessing the
and any amendments or modifications thereto.
Resolution #42-96 Page 2
4.
5.
6.
7.
8.
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 as set forth in Resolution #12-96, to the
policy, the City has determined the method of assessment to
extent not modified by this Resolution. Pursuant to said
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
The City of Muskego has a Hardship Policy set forth in
Resolution #12-96. Pursuant to said policy, hardship status
may be applied for and a determination made based on
qualifications as set forth in the policy.
That the assessments due pursuant to Paragraph 5 of the
Assessment Policy set forth in Resolution #12-96 may be paid
in cash in full on or before November 1, 1996 or in ten (10)
months interest per installment to the City Treasurer,
annual installments of principal together with twelve (12)
installment payments to bear interest at the rate of 8% per
annum on the unpaid balance commencing on November 1, 1996
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
against the property and all proceedings in relation to the
shall be extended upon the tax roll as a delinquent tax
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
of the Assessment Policy are deferred and collectable as set
this Resolution and not collectable pursuant to Paragraph 5
forth in said policy.
That all deferred assessments shall bear interest at the
November 1st after the date of this Resolution and until
rate of 8% per annum on the unpaid balance from the first
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
not paid by the date specified shall be extended upon the
circumstances. All assessments or installments which are
proceedings in relation to the collection, return and sale
tax roll as a delinquent tax against the property and all
Resolution #42-96 Page 3
0 of property for delinquent real estate taxes shall apply to
such special 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 13th DAY OF FEBRUARY , 1996.
SPONSORED BY:
Mayor David L. De Angelis
I This is to certify that
Resolution #42-96 which
City of Muskego.
this is a true
was adopted by
and accurate copy of
the Common Council of the
2/96 jmb Published: 2/22/96
May31 3995
LEGAL SPECIAL ASSESSMENT & MAP FOR BOXHORN & RYAN
City of Muskego
Sanitary Sewer Assessment District SF
RyanBoxhodGroveway
For: City of Muskego
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
Southeast one-quarter of Section 24, the Northwesr and Northeacr one-quarter of Section
Muskego, Waukesha County, Wisconsin bounded and described 2s follows:
Groveway Lane, Ryan Road from North Cape Road Westerly to the West end of Ryan
All those parcels that abut the right-of-way of tile followins described streets,
Road, Boxhom Drive from the intersection of Ryan Road; thence Northerly to a point 60
feet North of the North line of the Southwest one-quaner of Section 21.
Richard A. Ebtrhardt, R.L.S.
RAE:j kc
13-92038.01 legalslmurkeooilyan_box.doc
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