CCR1997120-. COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #120-97
OF SANITARY SEWER IMPROVEMENTS AND LEVYING
FINAL RESOLUTION AUTHORIZING INSTALLATION
OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
Hi View Sewer Projects (MSS-1-97 and MSS-2-97)
(Assessment District "SL")
WHEREAS, the Common Council of the City of Muskego, Wisconsin,
held a public hearing at the City Hall on April 10, 1997, for the
purpose of hearing all interested persons concerning the
Preliminary Resolution, as amended, 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 Projects MSS-1-97 and MSS-2-97
Assessment District "SL"
See Attached Legal Description and Map
0 of Muskego as follows:
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
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
police power, have been determined on a reasonable basis
and are hereby confirmed. i
5. 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 Unit 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 #120-97 Page 2
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
November 1, 1998 or in ten (10) annual installments of
Resolution may be paid in cash in full on or before
principal together with twelve (12) months interest per
bear interest at the rate of 8% per annum on the unpaid
installment to the Clerk-Treasurer, installment payments to
balance commencing on November 1, 1998 and said first
installment being due on the date when real estate taxes are
which are not paid by the date specified shall be extended
due and annually thereof. All assessments or installments
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. 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
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,
1998 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
particular circumstances. All assessments or installments
additional deferrals would be just and equitable under the
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
provided by statute.
apply to such special assessment, except as otherwise
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 #120-97 Page 3
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.
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
policy set forth in Resolution #12-96 by May 1, 1998. This
said hardship status in accordance with the assessment
date has been extended from October 1, 1997.
DATED THIS 27th DAY OF MAY , 1997.
SPONSORED BY:
Mayor David L. De Angelis
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #120-97 which was adopted by the Common Council of the
5/97 jmb Published June 5, 1997
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rt 1Mielke
Profesrlonal Enpeers
&? Re@srered Land Surveyors sme I946
February 11,1997
Revised May 22, 1997
LEGAL DESCRIPTION
Assessment District "SL"
For: City of Muskego
All that part of the Northeast, Southeast, Southwest and Northwest 1/4 of the Northeast 1/4
and the Northeast and Southeast 114 of the Northwest 1/4 of Section 13, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin, more fully described as
follows:
0 All those properties abutting the right-of-way of the following described roads:
HiView Drive from Durham Drive to North Cape Road
Acker Drive from HiView Drive to HiView Drive
Northview Drive from HiView Drive to 1275 feet more or less Northwest
The West side of North Cape Road from HiView Drive North to the Waukesha-Milwaukee
County Line.
The Easterly side of Durham Drive from HiView Drive to Holz Drive.
Richard Eberhardt, IUS
OWNER. City of Muskego
RAE/sjd
13-92083.200
I:\USERS\SJD\WORO_DOC\LEGALS\1997\MS_SL.DOC
cc: File
W239 NISI2 ROCKWOOD DRIVE
(414) 542-5733
WAUKESHA, WISCONSIN 53188.1 I I3
FAX (414) 542-563 I
ASSESSMENT7
DISTRICT
BOUNDARY
3 W > -
NOT TO SCALE
MSS- I - 97
MSS-2- 97
ASSESSMENT DISTRICT "SL"
13 920 #3. Zoo REV'D: MAY 22-1'997
Ruekert Mlelke I hi"