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CCR1987161COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION 11161-87 AMENDMENT TO FINAL RESOLUTION 11176-86 AUTHORIZING INSTALLATION OF WATER IMPROVEMENTS AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY (Water Main Assessment Area MW-1-86 and MW-2-86) WHEREAS, on the 12th day of August, 1986, the Common Council of the City of Muskego adopted Resolution A176-86, and WHEREAS, the Public Water Committee has recommended that the deferred assessment payment portion of Final Resolutions 1/45-87 As Amended and 1/47-87 pertaining to water projects MW-3-87 and MW-5-87 respectively be applied to similar properties which were subject to Resolution 11176-86 for the benefit of said property owners and as are listed on Exhibit "1" attached, NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Muskego as follows: 1. 2. 3. That upon written consent of all of the owners of each of the properties described on Exhibit "l", each assessment will be amended to indicate the payment schedule selected in accordance with the following deferred policy to the extent it can be retroactively implemented, which would appear in each case to be more advantageous to the property owner. That if the written consent of all of the owners of any specific property has not been given on or before 60 days from the date of this resolution, their assessment shall remain as previously specifically assessed. That Resolution 11175-86, As Amended, and Resolution 11266-86 established an assessment policy for construction of water mains for the City of Muskego, which is hereby made a part of deferred assessments and installment payments shall be as this resolution. Pursuant to Section 5.5 of said policy, follows: A. The properties listed on Exhibit "1" 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 assessment resolution or in two annual installments with interest at 8% per annum on the unpaid balance assessment resolution and said first installment commencing on the first November 1st after the final are due and annually thereafter except those being due on the first date when real estate taxes properties under Subsection (3)(c) of this -7 -?.. - - Resolution #161-87 Page Two - 0 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: 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 property 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. (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 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. events referred to in Subsection (2) above, the (3) Upon the occurrence of the first of the above assessments shall be paid as follows: (a) As to occurrence (d), prior to issuance of building permit. (b) As to occurrence (b), upon sale. November 1st after said occurrence or in ten (c) As to occurrence (a) or (e), on the first (10) annual installments with interest at 8% " :- ". ,~ 2 -. Resolution #161-87 Page Three 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. 0 November 1st after the occurrence or in ten (d) As to occurrence (c) or (f), on the first per annum on the unpaid balance commencing on (10) annual installments with interest at 8% 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. (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 five years and may make adjustments in said rate at that the City shall review the interest rate after 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 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. be extended upon the tax roll as a delinquent tax 4. That since payment of the assessments for those properties listed on Exhibit "1" have been handled in various manners, refunds may be allowed to the property owners depending on which payment schedule is selected by the property owners in accordance with the above policy. 5. All provisions of Resolution #176-86 and all documents referred to therein, unless specifically amended by this resolution, remain in full force and effect. DATED THIS 21 DAY OF 3ULV , 1987. I CITY OF MUSKEG0 WAYYE G. SALENTINE, Mayor ATTACHMENT TO RESOLUTION fl161-87 Exhibit "1 " Assmt. No. WAOOOl June Elger Tax Key No. 2225.999 S80 W19178-80 Janesville Rd. Assmt. No. WA0003 Marilvn M. Weber Tax Key No. 2226.996 S82 W19834 Janesville Rd. Assmt.No. WA0004 Tax Key No. 2226.997 James & Bonita Adkins S82 W19758 Janesville Rd. Assmt.No. WA0005 Waukesha County Park Tax Key No. 2226.998 Assmt.No. WA0006 Tax Key No. 2226.999 Waukesha County Park Assmt.No. WA0007 Kenneth G. Thiele Tax Key No. 2227.991 S83 W20342 Janesville Rd. Assmt.No. WA0044 Walter K. Bohrer Tax Key No. 2232.998 S83 W20411 Janesville Rd. Assmt.No. WA0034 Arthur R. Zangerle Tax Key jl2232.988 S84 W20938 Janesville Rd.