CCR2011020-FinalAsst-Durham
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #020-2011
FINAL RESOLUTION AUTHORIZING INSTALLATION
OF SANITARY SEWER IMPROVEMENTS AND LEVYING
OF SPECIAL ASSESSMENTS FOR THE
DURHAM DRIVE SANITARY SEWER EXTENSION PROJECT
(Project MSS-01-11)
WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a public
hearing at the City Hall on February 8, 2011 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 Improvement Assessment Area
DURHAM DRIVE SANITARY SEWER
EXTENSION PROJECT
Project MSS-01-11
See Attached Legal Description and Map
NOW, THEREFORE, BE IT RESOLVED 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 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.
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 #120-2000, to the extent not modified by this Resolution. Pursuant to
Resolution #020-2011 Page 2
said Policy, the City has determined the method of assessment to be a front foot
assessment, as set forth in the Engineer's Report referred to herein and any
amendments or modifications to the same.
That the remainder of said assessments are deferred as stated in assessment
policies of the City.
6. That the assessments due pursuant to Paragraph 5 of this Resolution may be
paid in cash in full on or before November 1, 2011 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, 2011 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 all deferred assessments shall bear interest at the rate of 8% per annum on
the unpaid balance from November 1, 2011 and until payment in full. When the
deferral of an assessment ends, said assessment shall be paid in cash in full
pursuant to the policy of the City set forth in Resolution #120-2000, to the extent
not modified by this Resolution, 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 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.
8. Interest rates on deferred assessments may be reviewed every five (5) years.
9. 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.
10. Property owners may be qualified for hardship status which will allow for different
payments of the assessment. Property owners must apply on or before
September 1, 2011 and must be determined to qualify for said hardship status in
accordance with the assessment policy set forth in Resolution #120-2000 by
October 1, 2011.
Resolution #020-2011 Page 3
nd
DATED THIS 22 DAY OF __FEBRUARY__, 2011.
SPONSORED BY:
PUBLIC WORKS COMMITTEE
Ald. Noah Fiedler
Ald. Kert Harenda
Ald. Neil Borgman
CITY OF MUSKEGO
______________________________
John R. Johnson, Mayor
This is to certify that this is a true and accurate copy of Resolution #020-2011 which
was adopted by the Common Council of the City of Muskego.
_________________________
Clerk-Treasurer
Published this day of March, 2011