CCR1996149AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #149-96
~~
FINAL RESOLUTION AUTHORIZING INSTALLATION
OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
OF SEWER IMPROVEMENTS AND LEVYING
Woods Road/Country Brook to Senior Center Sewer Project MSS-5-95
(Assessment District "SJ")
WHEREAS, the Common Council of the City of Muskego, Wisconsin,
held a public hearing at the City Hall at 7:30 PM on the 11th day
of June, 1996, 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
persons to speak at the hearing:
described below and shown on the attached map and heard all
Sewer Improvement Assessment Area
for Project MSS-5-95
Assessment District "SJ"
See Attached Legal Description and Map
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of Muskego as follows:
1.
2.
3.
4.
5.
6.
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 as set forth in Resolution #12-96, to the
extent not modified by this Resolution. Pursuant to said
Policy, the City has determined the method of assessment to
be a Front Foot Assessment, plus the cost of laterals, as
set forth in the Engineer's Report referred to herein and
any amendments or modifications to the same.
That the assessments due pursuant to Paragraph 5 of this
Resolution may be paid in cash in full on or before
principal together with twelve (12) months interest per
November 1, 1997 or in ten (10) annual installments of
installment to the Clerk-Treasurer, installment payments to
"
..
January 22, 1996
Legal Description
For: City of Muskego
Assessment District "SJ"
All that part of the Southeast and Southwest one quarfers of Section 16 and the Northwest
one quarter of Section 21, Town 5 North, Rage 20 East, City of Muskego, Wauicesha County, Wisconsin more fully described as follows:
to West Clearbrook Drive.
All those properties abutting Woods Road from Racine Avenue, CTH "Y" Northeasterly
Richard Eberhardt, RLS
Z:\USERS\SID\WORD_WCVEGALS96\MS_WPSJ.WC
13-91072.240
: W239 N1812 ROCKWOOD DWE j WAUKESHA. WISCONS[N 53188-1 I13 ! (414) 542-5733
' FAX 1414) 542-5631
COMMON COUNCIL - CITY OF MUSKEG0
CORRECTED
RESOLUTION #149-96
FINAL RESOLUTION AUTHORIZING INSTALLATION,
OF SEWER IMPROVEMENTS AND LEVYING ,
Woods Road/Country Brook to Senior Center OF SPECIAL ASSESSMENTS AGAINST BENEFI
dject MSS-5-95
ROPERTY
(Assessment District "S
WHEREAS, the Common Council of the City o kego, Wisconsin,
held a public hearing at the City Hall PM on the 11th day
of June, 1996, for the purpose of 11 interested persons
concerning the Preliminary Resolut eport of the City
Engineer on the proposed water imp
described below and shown on the a ed map and heard all
t within the area
persons to speak at the hearing:
Assessment Area
strict "SJ"
gal Description and Map
NOW, THEREFORE, BE IT RE ED 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 forithe improvements be made by assessing the
and any amendments or modifications thereto.
cost to the prop'erty benefited as indicated in the report
1 4. That assessments shown on the report and any amendments or
modificationsithereto, representing an exercise of the
police power' have been determined on a reasonable basis
and are hereby confirmed. ,P
B 5. The assessments shown on the report and the modifications
thereto c$form with the policies of the City of Muskego
now in exastence as set forth in Resolution #12-96, to the
extent n.t modified by this Resolution. Pursuant to said
Policy, he City has determined the method of assessment to
be a Fr nt Foot Assessment, plus the cost of laterals, as
set fo th in the Engineer's Report referred to herein and
any a ndments or modifications to the same. t
6. That the assessments due pursuant to Paragraph 5 of this
Resolution may be paid in cash in full on or before
November 1, 1996 or in ten (10) annual installments of
principal together with twelve (12) months interest per
installment to the Clerk-Treasurer, installment payments to
Resolution #149-96 Page 2
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 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
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 Clerk-Treasurer 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 DAY OF , 1996.
SPONSORED BY:
0. Mayor David L. De Angelis
Resolution #149-96 Page 3
Resolution #149-96 which was adopted by the Common Council of the
This is to certify that this is a true and accurate copy of
City of Muskego.
6/96 jmb
Clerk-Treasurer
Published