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CCR1987047COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #47-87 FINAL RESOLUTION AUTHORIZING INSTALLATION OF WATER IMPROVEMENTS AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY (Water Main Assessment Area in Janesville Road from Lannon Drive to Bay Lane - Assmt. District WD, Contract MW-5-87) 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 report of the City Engineer on the proposed water improvements within the area described below and shown on the attached map and heard all persons who desired to speak at the hearing: All that part of the Northwest 114, Southwest 114 and Northeast 114 of Section 10, 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 Janesville Road (S.T.H. 24) commencing at the intersection of centerlines of Janesville Road (S.T.H. 24) and Lannon Drive; thence Northeaster1 along the centerline of Janesville Road (S.T.H. 24 J to a point 200 feet Northeast of 24) and Bay Lane, said point being the point of termination. the intersection of centerlines of Janesville Road (S.T.H. 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. 3. That payment for the improvements be made by assessing report and any amendments or modifications thereto. the cost to the property benefited as indicated in the 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. Resolution #47-87 Page Two 5. That Resolution #175-86, As Amended, and Resolution #266-86 established an assessment policy for construction of water mains for the City of Muskego, which is hereby made a part of this resolution. Pursuant to Section 5.5 of said policy, deferred assessments and installment payments shall be as follows: A. The properties which are subject to this assessment shall be eligible for a deferred assessment on the following terms and conditions: (1) Payment of the entire cost of the lateral on or before the first November 1st after the final with interest at 89, per annum on the unpaid balance assessment resolution or in two annual installments 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 except those properties under Subsection (3) (c) of this resolution dealing with deferrals, which shall pay the entire assessment as stated in (3)(c). the entire assessment for [31[c] property) shall be (2) The assessment (other than lateral charge or deferred until the occurrence of the first of the following events: affected to commence payment of the assessment (a) Election by an owner of the property which must be made in writing on or before the 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. of a building permit as to that portion of the (d) As to unimproved property, upon issuance property being improved. system on or before the first November 1st (e) On connection of the property to the water after water is available to the property. Resolution 1\47-87 Page Three system after the first November 1st after water (f) On connection of the property to the water is available to the property, but only if connection is voluntarily made, made for a reason now requiring connection under the 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: (a) As to occurrence (d), prior to issuance of building permit. (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. (d) As to occurrence (c) or (f), on the first November 1st after the occurrence or in ten (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. deferred assessments at the rate of 8% per annum on (4) That there shall be interest charged on all 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 that the City shall review the interest rate after continue to be the interest rate until paid except five years and may make adjustments in said rate at any time after the initial five years. Resolution 1\47-87 Page Four . (5) In any eve&, all assessments or installments which are not paid by the date specified above shall 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. 6. That the City Clerk 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 ascertained. address is known or can with reasonable diligence be DATED THIS 3ls, DAY OF rn~m , 1987. CITY OF MUSKEGO t e ATTEST: I i ASSESSMENT DISTRICT WD - CONTRACT "-5-87 INSTALLMENT ASSESSMENT NOTICE Assessment District WD for the JANESVILLE ROAD FROM LANNON DR. TO NOTICE is hereby given that contracts have been let for BAY LANE 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 a statement of the same is on file with the City Clerk; it is proposed to collect some of said assessments as determined specifically by Resolution 1/47-87 in installments as further described in Resolution f47-87 as provided by Section 66.54 of the Wisconsin Statutes, with assessments eligible for installments will be collected in interest thereon at eight percent (8%) per year; that all 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 Treasurer on or before November 1, 1987, or November 1st of a assessment on his property, describing the same, to the City later year as determined by Resolution #47-87. If after making the City Treasurer, the City Clerk shall place the entire such election said property owner fails to make the payment to assessment on the next succeeding tax roll. Dated this 13th day of April , 1987. CITY OF MUSKEG0 Charlotte L. Stewart City Clerk