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CCR1988061COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION 1/61-88 FINAL RESOLUTION AUTHORIZING INSTALLATION OF WATER IMPROVEMENTS AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY (Water Main Assessment - Bay Lane Water Project MW-6-88 Assmt. District WE) 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 10th day of March, 1988, 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 Section 10, Town 5 North, Range 20 East,City of Muskego, Waukesha County, Wisconsin bounded and described as follows: All that property that abuts the right-of-way of the centerlines of Woods Road and Bay Lane; thence Northerly following described line; commencing at the intersection of along the centerline of Bay Lane to the point of intersection of said centerline and the South line of the Northeast one quarter line of Section 10 said point being the point of termination. 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 above-described public improvements, including plans and specifications 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 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. Resolution 1/61-88 Page Two 5. That Resolution 1t175-86, As Amended, and Resolution water mains for the City of Muskego, which is hereby made a #266-86 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: (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 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 [3l[cl property) shall be (2) The assessment (other than lateral charge or 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. (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 after water is available to the property. system on or before the first November 1st Resolution 1\61-88 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. 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% 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. (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 any time after the initial five years. five years and may make adjustments in said rate at Resolution #61-88 Page Four (5) In any event, 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 delinquent real estate taxes shall apply to such the connection, return and sale of property for statute. special assessment, except as otherwise provided by 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 address is known or can with reasonable diligence be ascertained. DATED THIS DAY OF 7y\fir\x\ , 1988. 1- I CITY OF MUSKEG0 ATTEST : e "-d A*, WAYNEJG. SALENTINE, Mayor PUBLISHED: rnQUCA dl, /988 1 Official Notice CITY OF MUSKEG0 PROPERTY (Water Main Assessment - Ray trict WE1 1,ane. Water Project MW-6-88 Assmt. Dis- 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 10th day of March. 1988, for the purpose of hearing all interested persons concerning the prellminary resolution and report of the City Engineer on the propostld wa:er lmprovemrnts wlthin the area described below and shown on the attached map and heard a11 persons who desired to speak st the hearing: All that part of Section 10. Town 5 North. Range 20 East. City of Muskego, Waukesha County, Wisconsin bounded and described as follows: All that property that abuts the rlght-of. way of the following described line; com- mencing at the intersemon of centerlines of Woods Road and Ray 1,ane; thence North- erly along the centerline of Ray Lane to the the South line of the Northeast one quarter point of intersection of said crnrerline and line of Section 10 said paint being the point of termination. by the Common Council of the City of NOW, THEREFORE, BE IT RESOLWD, Muskego as follows: 1, That the report of the City Engineer and any amendments or modifications thereto pertaining to the above-described public improvements, including plans and speeifi- cations therefor is adopted and approved. advertise for bids and shall carry out the 2. That the City of Muskego has or shall and any amendments or modifications improvements in accordance with the report thereto of the City Engineer. 3. That payment for the improvements be made by assessing the cost to the property benefit.ed as indicated in the report and any amendments or modifications thereto. 4. That ase65ments shown on the report and any amendments or modifications thereto. representing an exercise of the police power. have been determined an a reasonable basis and are hereby confirmed. Amended. and Resolution # 266-86 estab- 5. That Resolution # 175-86. A6 lished an assessment policy for construction of wstcr mains for the City of Muskego, whxh 6 hcreby made a part of this resolution. Pursuant to Section 5.5 of said policy, deferred assessments and install- ment payments shall be as follows: assessment shall be ellgible for a deferred A. The properties which are subject to this assessment on the following terms and conditmns: on or before the first November 1st after the (1 j Payment of the entire cost ofthe lateral final assessment resolution or in two annual tnstallments with int,erest at 8% per annum on the unpaid balance commencing on the first November 1st after the final assess- being due on the first date when real estate ment resolution and said first installment taxes are due and annually thereafter except those properties under Subsection (311~) of this resolutlo, dealing with deferrals. which (3KC). shall pay the entire assessment as stated in '2) The assessment (other than lateral charee or the entlre assessment, for (311~) Property1 Shall be aeterrea unto1 me occur- rence of the first of the following events: affected to commence payment of the fa) Election by an owner of the property assessment 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 indust,rial property which is an expansion costing a t.otal of 525,000.00 or more. issuance of a building permit as to that Id1 As to unimproved property, upon Portion of the property being improved. (e) On connection of the property to the water System on or before the first ~0"~~- ber 1st after water is available to the property. (0 On connection of the property to the after water is available tqthe property. but Water system after the first ?ilovember 1st Only if connection 1s voluntarily made, made the present City ordinance or connection for a reason now requiring connection !,"der made because of a future governmental requirement other rhnn n requirement imposed solely at the discretion ofthe City of Muskego. (3) Upon the Occurrence of the first ,$the above. the assessments shall be paid as above events referred to in Subsection (2) follows: (a1 As to occurrence (d). prior to issuance of building permit. (bl As to occurrence (b). upon sale. (c) As to oeurrence la) or (e). on th>first November 1st after said mcurrence or in ten 110) annual installments with interest at 8% per annum on the unpaid balance commene- ing on the first November 1st after the final assessment resolution and said first install- ment being due on the first date when real estate taxes are due and annually thereaf- ter. (dl As to occurrence ic) or IO. on the first November 1st after the occurrence or in ten (101 annual installments with interest at 8% per annum on the unpaid balance commenc- tion and said first installment being due on ing on the first November 1st after connec- the first date when real estate taxes are due and annually thereafter. (41 That there shall be interest charged on all deferred assessments at the rate of 8% first November 1st after the final assess- per annum on the unpaid balance from the for the first five (5) years and shall continue ment resolution. This shall be the initial rate 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 iilitial five years. (5) In any event. all assesmnents or specified above shall be extended upon the installments which are not paid by the date tax roll as a delinquent tax against the connection. return and sale of property for property and dl proceeds in relation to the delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute. 6. That the City Clerk shall publish this resolutnon as a Class 1 Notice In the assessment distrlet 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 reason- able diligence be ascertained. DATED THIS 22nd DAY OF March, 1988. CITY OF MUSKEG0 /#ape G. Salentine. M8"W ATTEST: City Clerk PURLISHED March 31. 1988 STATE OF WISCONSIN ) Milwaukee County ) ) ss. (SEAL) JUDITH ZIOLKOWSKI being duly sworn, doth depose and say that he is an authorized representative of 'i~he YUSKEGO .. SUN ~~ ~ ... .. a newspaper published at .M.L!SKEGO . .. .. Wisconsin and that an advertisement 01 ;:.hich the annexed is a true copy, taken from said paper, was published therein on MAR .3 .i !%.8 . . . . . . . . . .. . . . .. .. .. i i i i (Signed) .. BOOKKEEPER. i E [ Subscribed and t of . .. I 1 ! !* My Commission expires A.P.R.. 16, 13 89. t ASSESSMENT DISTRICT WE A