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CCR1987046COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION 1/46-87 FINAL RESOLUTION AUTHORIZING INSTALLATION OF WATER IMPROVEMENTS AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY (Water Main Assessment Area in Lannon Drive from Contract MW-4-87) Janesville Rd. to Woods Rd. and Woods Rd. - Assmt. District WC, WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a public hearing at the City Hall at 7:OO P.M. on the 23rd day of March, 1987, for the purpose of hearing all interested persons concerning the preliminary resolution and within the area described below and shown on the attached map and report of the City Engineer on the proposed water improvements heard all persons who desired to speak at the hearing: All that part of the Southeast 114 of Section 9, the Southwest 1/4 of Section 10, the Northeast 1/4 of Section 16, and the Northwest 114 of Section 15, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: All those properties that abut the right-of-way of Lannon Drive commencing at the intersection of centerlines of Lannon Drive and Janesville Road (S.T.H. 24); thence Drive to the point of intersection of centerlines of Lannon Southerly and Southeasterly along the centerline of Lannon Drive and Woods Road, said point being the point of termination. Also including all that part of the Northwest 1/4 of Section County, Wisconsin, bounded and described as follows: 15, Town 5 North, Range 20 East, City of Muskego, Waukesha All those lands that abut the following described line: Commencing at the intersection of centerlines of Lannon Drive and Woods Road; thence North 43O 23’ 11” East, 336.80 centerline of Woods Road. feet to the point of termination. Said line being the 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 public improvements, including plans and specifications or modifications thereto pertaining to the above-described therefor 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. Resolution 1/46-87 Page Two 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. That Resolution 11175-86, As Amended, and Resolution water mains for the City of Muskego, which is hereby made a 11266-86 established an assessment policy for construction of part of this resolution. Pursuant to Section 5.5 of said be as follows: policy, deferred assessments and installment payments shall A. The properties which are subject to this assessment shall be eligible for a deferred assessment on the following terms and conditions: before the first November 1st after the final (1) Payment of the entire cost of the lateral on or assessment resolution or in two annual installments with interest at 8% per annum on the unpaid balance commencing on the first November 1st after the final being due on the first date when real estate taxes assessment resolution and said first installment properties under Subsection (3)(c) of this are due and annually thereafter except those resolution dealing with deferrals, which shall pay the entire assessment as stated in (3)(c). (2) The assessment (other than lateral charge or the entire assessment for [3][c] property) shall be deferred until the occurrence of the first of the following events: (a) Election by an owner of the property which must be made in writing on or before the affected to commence payment of the assessment first November 1st after water is available or is deemed waived. (b) Sale of any interest in the property. (c) Upon issuance of a building permit for major expansion of commercial or industrial pro erty which is an expansion costing a total of $ 25,000.00 or more. Resolution 1\46-87 Page Three (d) As to unimproved property, upon issuance of a building permit as to that portion of the property being improved. (e) On connection of the property to the water system on or before the first November 1st after water is available to the property. (f) On connection of the property to the water system after the first November 1st after water is available to the property, but only if reason now requiring connection under the connection is voluntarily made, made for a present City ordinance or connection made because of a future governmental requirement other than a requirement imposed solely at the discretion of the City of Muskego. (3) Upon the occurrence of the first of the above events referred to in Subsection (2) above, the assessments shall be paid as follows: building permit. (a) As to occurrence (d), prior to issuance of (b) As to occurrence (b), upon sale. (c) As to occurrence (a) or (e), on the first November 1st after said occurrence or in ten (10) annual installments with interest at 8% per annum on the unpaid balance commencing on the first November 1st after the final assessment resolution and said first installment being due on the first date when real estate taxes are due and annually thereafter. November 1st after the occurrence or in ten (d) As to occurrence (c) or (f), on the first (10) annual installments with interest at 8% per annum on the unpaid balance commencing on the first November 1st after connection and said first installment being due on the first date when real estate taxes are due and annually thereafter. " m 0 Resolution 1/46-87 Page Four (4) That there shall be interest charged on all deferred assessments at the rate of 8% per annum on the unpaid balance from the first November 1st after the final assessment resolution. This shall be the initial rate for the first five (5) years and shall continue to be the interest rate until paid except that the City shall review the interest rate after five years and may make adjustments in said rate at any time after the initial five years. which are not paid by the date specified above shall (5) In any event, all assessments or installments be extended upon the tax roll as a delinquent tax against the property and all proceeds in relation to the connection, return and sale of property for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute. r 6. That the City Clerk shall publish this resolution as a Class 1 Notice in the assessment district and makl a copy of this resolution and a statement of the final assessment name appears on the assessment roll whose post office against the benefited property to every property owner whose address is known or can with reasonable diligence be ascertained. DATED THIS DAY OF m~ccH , 1987. CITY OF MUSKEG0 WAYY G. SALENTINE, Mayor ATTEST : n I h v) rn P r - ASSESSMENT DISTRICT WC - CONTRACT MW-4-87 INSTALLMENT ASSESSMENT NOTICE Assessment District WC for the LANNON DRIVE FROM JANESVILLE RD. NOTICE is hereby given that contracts have been let for TO WOODS RD. AND WOODS RD. Water Main construction project, and that the amount of the special assessment therefore has been determined as to each parcel of real estate affected thereby and proposed to collect some of said assessments as determined a statement of the same is on file with the City Clerk; it is described in Resolution 1\46-87 as provided by Section 66.54 of specifically by Resolution 1/46-87 in installments as further the Wisconsin Statutes, with interest thereon at eight percent will be collected in installments as above provided except such (8%) per year; that all assessments eligible for installments with the City Clerk a written notice that he elects to pay the assessments on property where the owner of the same shall file City Treasurer on or before November 1, 1987, or November 1st of special assessment on his property, describing the same, to the a later year as determined by Resolution 1/46-87. If after making such election said property owner fails to make the payment to the City Treasurer, the City Clerk shall place the entire assessment on the next succeeding tax roll. Dated this 10th day of April , 1987. CITY OF MUSKEGO Charlotte L. Stewart City Clerk ASSESSMENT DISTRICT WB - CONTRACT "-3-87 INSTALLMENT ASSESSMENT NOTICE Assessment District WB for the JANESVILLE ROAD FROM MERCURY DR. NOTICE is hereby given that contracts have been let for TO LANNON DR. AND JANESVILLE CT. Water Main construction project, and that the amount of the special assessment therefore has been determined as to each parcel of real estate affected thereby and proposed to collect some of said assessments as determined a statement of the same is on file with the City Clerk; it is specifically by Resolution 1/45-87 As Amended in installments as Section 66.54 of the Wisconsin Statutes, with interest thereon at further described in Resolution #45-87 As Amended as provided by eight percent (89.) per year; that all assessments eligible for installments will be collected in installments as above provided except such assessments on property where the owner of the same shall file with the City Clerk a written notice that he elects to pay the special assessment on his property, describing the same, to the City Treasurer on or before November 1, 1987, or November Amended. If after making such election said property owner fails 1st of a later year as determined by Resolution 1/45-87 As to make the payment to the City Treasurer, the City Clerk shall place the entire assessment on the next succeeding tax roll. Dated this 10th day of April , 1987. CITY OF MUSKEG0 Charlotte i. Stewart City Clerk :_.