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CCR1972167RESOLUTION 11167-72 LEVY OF ASSESSMENTS PAYABLE IN INSTALLMENTS (Durham Meadows Subdivision) WHEREAS, by Resolution No. 136-72 adopted July 11, 1972, this Common Council declared its intention to exercise the powers con- ferred by Section 66.60 Statutes, for the purpose of levying special assessments to cover the cost of construction and installation of public improvements consisting of sanitary sewer mains, laterals, surface water drainage facilities, grading of streets, installation of road base and paving of streets, to serve all the lots of Durham Meadows Subdivision in the City of Muskego, and to make such special assessments payable in five annual installments pursuant to Section 66.54 (7), Statutes; and WHEREAS, by Resolution No. 137-72 adopted July 11, 1972, this Common Council called a public hearing with respect to the proposed plans and specifications for such improvements and of the proposed assess- ments to be made pertaining to the benefits accruing therefrom, such hearing to be held at 7:15 P.M., on August 8, 1972, at the City Hall in the City of Muskego, and the City Clerk caused notice thereof to be duly published in the Muskego-Lakeland Hub on July 27, 1972 be assessed in conformity with Section 66.60 (7). Statutes, and and mailed to the persons interested in the property proposed to at such hearing Attorney Stephen Z. Surridge appeared on behalf of the owner of the property proposed to be assessed in favor of, and no one appeared in opposition to, the proposed improvements and assessment of benefits; and WHEREAS, by Resolution No. 166-72 adopted this date this Common Council has determined to proceed with the work and to award a con- public improvements at an aggregate cost of $118,270.95; and tract for the construction and installation of the aforementioned WHEREAS, it is deemed advisable and in the best interests of the City and of the owners of the property affected thereby that the public improvements be made in the following manner: special assessments of benefits on account of the aforementioned a. By combining as a single assessments, pursuant to Section paving of streets, payable in five equal annual installments 66.60 (9), Statutes, an assessment for all of the work excep principal, the first such installment to be payable with the t of first installment of general real estate taxes for the year 1972 on or before the last day of February, 1973; b. By providing for a separate assessment for street paving also payable in five equal annual installments of principal no use of the improvements can be made, so that the first as aforesaid, but that such installments be deferred while annual installment shall be payable with the first installment of general real estate taxes for the year 1974 on or before the last day of February, 1975; THEREFORE, BE IT RESOLVED, that by reason of said public improvements other than street paving (i.e., sanitary sewers and man holes, grading, culverts and ditchwork, road base, and sewer and water laterals) there are hereby levied, combined assessments in the amount of $1,017.67 against each of the single-family and two-family lots in Durham Meadows (consisting of lots 1 to 6, inclusive,and lots 8 to 18, inclusive, in block 1, lots 1 to 8, inclusive, lots 10 to 18, inclusive, and lots 19 to 34, inclusive, in block 2 and lots 1 to 11, inclusive, in block 3), a combined assessment in the amount of $24,424.48 against the multi-family lot platted as lot 7 in block 1 in Durham Meadows, and a combined assessment in the amount of $15,265.28 against the multi-family lot platted as lot 9 in block stitute a part of a general improvement within the meaning of 2 in Durham Meadows, t'he projects so combined being deemed to con- Section 66.60 (9) Statutes. e e e FURTHER RESOLVED, that by reason of said street paving there are hereby levied assessments in the amount of $165.03 against each of the aforesaid single-family and two-family lots in Durham multi-family lot platted as lot 7 in block 1 in Durham Meadows, Meadows, an assessment in the amount of $3.960.94 against the and an assessment in the amount of $2,475.55 against the multi- family lot platted as lot 9 in block 2. FURTHER RESOLVED, that copies of this resolution be published as provided in Section 66.60 (8) (d) Statutes, as soon as practicable, after the date of this meeting. FURTHER RESOLVED, that each of the special assessments levied as which shall consist of one-fifth of the entire assessment, together aforesaid shall be payable in five annual installments, each of with interest (unless prepaid as hereinafter provided) at the rate of 7% per annum on the entire unpaid balance of such assessment; interest payable with each such installment shall be for a period commencing on March 5 of the preceding year and ending on the date on which such installment becomes due or is paid, whichever is later; provided, however, that interest payable with the first such of the Special Assessment B Bond to be issued in anticipation of installment shall commence five days prior to the date of issuance collection of that specific assessment. FURTHER RESOLVED, that the payment of all said assessment install- ments be deferred pursuant to Section 66.605, Statutes, while no use of the improvement can be made; that the first installment of mentioned in the respective amounts of $1,017.67 per single-family such combined special assessments for the several projects afore- and two-family lot, $24,424.48 for the multi-family lot platted as lot 7 in block 1 and $15,265.28 for the multi-family lot platted as lot 9 in block 2 shall be entered upon the tax rolls of the City of Muskego for the year 1972 as a special tax upon the property against which said special assessments have been levied as afore- said; that the first of each such installments of the special assess- ments in the amounts of $165.03 per single-family and two-family lot, $3,960.94 for the multi-family lot platted as lot 7 in block 1, and $2,475.55 for the multi-family lot platted as lot 9 in block 2 for street paving be similarly entered in the City tax rolls for the year 1974; that each subsequent installment shall be entered in a like manner and with like effect in each of the annual rolls for each subsequent year until the entire amount of such special assess- ments, together with interest accrued thereon at the rate of 7% per annum, as aforesaid, shall have been paid in full; and that each of such installments of said special assessments and interest thereon Muskego. shall be treated in all respects as any other tax on the City of FURTHER RESOLVED, that the City Clerk of the City of Muskego shall cause to be published in the Muskego-Lakeland Hub as soon as practicable an installment assessment notice to the effect that the amounts of the special assessments levied as aforesaid have been determined, of Muskego, that it is proposed to collect the same in five install- that a statement thereof is on file with the City Clerk of the City with interest thereon at the rate of 7% per annum, and that all such ments as provided in Section 66.54 of the Wis. Statutes, together special assessments will be collected in such installments except such special assessments upon property where the owner thereof shall file with the City Clerk on or before the 30th day from the date of said notice a written election to pay the same in full on or before November 1, 1972, said installment notice to be in substantially the form as that appended as Exhibit A to this Resolution and made a part hereof. 0 City a written waiver of such right, in the event any owner of FURTHER RESOLVED, that, unless such owner has filed with the property upon which special assessments have been levied as aforesaid, shall file with the City Clerk on or before the 30th day from the date of said notice his written election to pay such assessment in full on or before November 1, 1972, pay said special assessments in full and without interest, provided that after the time for making such election shall have expired, said assessments may be paid in full on any business day before the same are due and payable upon payment of the entire unpaid amount thereof plus interest accrued thereon through the end of the month of payment, unless such payment shall be made less than five days before the end of such month, in which case interest shall be paid thereon through the end of the month next following the month of payment. DATED THIS 8th day of AUGUST, 1972. ad Bette J. Bowver City Clerk RESOLUTION #167-72 - INSTALLMENT ASSESSMENT NOTICE-CITY OF MUSKEG0 EXHIBIT A NOTICE IS HEREBY GIVEN, that a contract has been let for the installation of sanitary sewers and man holes, grading, culverts and ditch work, road base and paving, and sewer and water laterals, to serve all of the lots of Durham Meadows, being a subdivision of part of the southwest one-half of Section 2, Town 5 North, Range 20 East in the City of Muskego, Waukesha County, Wisconsin and that the amount of special assessments therefor have been determined as to each parcel of real estate affected thereby and a statement of the same is on file with the City Clerk of the City of Muskego; it is proposed to collect such assessments in five (5) equal annual install- ments, as provided for by Section 66.54 of the Wisconsin Statutes, with interest thereon at the rate of 7% per annum; that all assess- ments will be collected in installments as above provided, except such assessments on property where the owner of the same shall file with the said City Clerk within thirty (30) days from the date of this Notice, a written notice that he elects to pay the special assessment on his property, describing the same, to the City Treasurer of the City of Muskego on or before November 1, 1972. If, after making such election, such property owner shall fail to make the payments to said City Treasurer when so due, said City Clerk shall place the entire assessment on the next succeeding tax roll. DATED THIS 8th day of AUGUST, 1972. Bette J. Bowyer, Cit'y Clerk City of Muskego bjb