CCR1996167COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #167-96
FINAL RESOLUTION AUTHORIZING INSTALLATION
OF SANITARY SEWER IMPROVEMENTS AND LEVYING
OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
Loomis Road/Drive Sewer Project
(Assessment District "SM")
WHEREAS, the Common Council of the City of Muskego, Wisconsin,
held a public hearing at the City Hall on July 11, 1996, 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-1A-96
Assessment District "SM"
See Attached Legal Description and Map
of Muskego as follows:
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
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
and any amendments or modifications thereto.
cost to the property benefited as indicated in the report
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.
Resolution #167-96 Page 2
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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
Resolution may be paid in cash in full on or before
November 1, 1997 or in ten (10) annual installments of
principal together with twelve (12) months interest per
installment to the Clerk-Treasurer, installment payments to
bear interest at the rate of 8% per annum on the unpaid
balance commencing on November 1, 1997 and said first
due and annually thereof. All assessments or installments
installment being due on the date when real estate taxes are
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 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
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.
8. That all deferred assessments shall bear interest at the
rate of 8% per annum on the unpaid balance from November 1,
1997 and until payment in full. When the deferral of an
assessment ends, said assessment shall be paid in cash in
the deferral unless the City, at is sole option, negotiates
full on or before the first November 1st after the end of
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 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 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
Resolution #167-96 Page 3
0 against the benefited property to every property owner whose
address is known or can with reasonable diligence be
name appears on the assessment roll whose post office
ascertained.
11. Property owners may be qualified for hardship status which
will allow for different payments of the assessment.
Property owners must apply and be determined to qualify for
said hardship status in accordance with the assessment
policy set forth in Resolution #12-96 by May 1, 1997.
DATED THIS 23rd DAY OF July , 1996.
SPONSORED BY:
Mayor David L. De Angelis
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #167-96 which was adopted by the Common Council of the
7/96 jmb
LK k-Treasurer
PuGlished August 1, 1996
May 23, 1996
Legal Description
For: City of Muskego
Assessment District "SM"
Loomis Drive
All that part of the Northeast, Southeast and Southwest one-quarters of Section 25, Town
5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin more fully
described as follows:
All those properties abutting the right-of-way of the following described roads:
Loomis Drive from Loomis Road (STH 36) to 1700 feet Southwest of Loomis Road (STH 36)
Loomis Road (STH 36) fiom Loomis Drive to 700 feet East of Loomis Drive
Richard A. Eberhardt, RLS
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