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CCR1989162.. COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #162-89 FINAL RESOLUTION AUTHORIZING INSTALLATION OF WATER IMPROVEMENTS AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY (Woods Road/Lannon Drive West Water Project - Assmt. District WG, Project MW-8-89) WHEKEAS, 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 May, 1989, 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 one quarter of Section 15 and the Southeast one quarter and Southwest one quarter of Section 16, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin bounded and described as follows: All those parcels that abut the right-of-way of the following described centerline of Woods Road, commencing at the intersection of the centerlines of Woods Road and Lannon Road 2070.00 Feet more or less to the point of termination. Drive; thence Southwesterly along the centerline of Woods NOW, THEREFORE, BE IT KESOLVED by the Common Council of the City of Muskego as follows: 1. That the report of the City Engineer and any amendments ox 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 conf irmed. ... 0 Page 2 Resolution #162-89 5. That Resolution #175-86, as amended, Resolution 8266-86, and Resolution #68-89, as amended, established an assessment Muskego, which is hereby made a part of this resolution. policy for construction of water mains for the City of 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 resolution or in two annual installments with interest the first November 1st after the final assessment 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). (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 affected to made in writing on or before the first November 1st commence payment of the assessment which must be 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. (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. ._ 0 Page 3 Resolution #162-89 (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 ordinance or connection made because of a future requiring connection under the present City governmental requirement other than a requirement imposed solely at the discretion of the City of Muskego. (3) Upon the occurrance of the first of the above events shall be paid as follows: referred to in Susection (2) above, the assessments (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 installments with interest at 8% per annum on the 1st after said occurrence or in ten (10) annual 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 adjustments in said rate at any time after the initial review the interest rate after five years and may make five years. '0 Page 4 Resolution #162-89 -: (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 the connection, return and sale of property for delinquent real estate otherwise provided by statute. taxes shall apply to such special assessment, except as 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 known or can with reasonable diligence be ascertained. appears on the assessment roll whose post office address is DATED THIS 27th DAY OF June , 1989. CITY OF MUSKEG0 WAYNE G. SALENTINE, Mayor I ATTEST : City Clerk 6/89 jz PUBLISHED: July 6, 1989 i improvements in accordance WICSB L~W B~,,~,~, and any amendme+s, ,br modifications { thereto of the;City Engineer. 3. That payment for'the improvements he ' benefited as indicated in the report and, any ' made by assessing the cost to the property amendments or modifications thereto. and any amendments or modifications 4. That assessments shown on the report i thereto. remesentine an exercise of t.he ~. 6. mat the City Clerk shall publish this r&el+tion as. a Class, 1. Notice in lhe assessment district admail 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 offnee address is known or can with reason- I,.". ."I _, -able dilicence he ascertained. .. I police power. have been determined on a reasonabkbasis and are hereby.eonfi-ed. 5. That Resolution #. 175-86. as amended, Resolution .#.266-86. and +solutiqn 68- 89, as amended, established an assessment policy for eonsttuctidn pf'Gaier'maiAS f& the City,of,Muskego, .Tfiich'is, hkreb;&de a pan of tbi:"iesolbtio". ~uis~ant to Seeion 5.5~0f said polie$:$ifeferied asiessm+s and install&nt &nierits shill be as folloWs-:, assessirieht shill ,be'eligibl,e 'foi 6 def6rrGd A. Thepropihies wh& &,subject toLthis. assesshent on the foll6wing terms .&d conditions: (IlPaymentilftheehtirecostoftheIateral~ on or before the first November 1st ?Rer the final assespment resolution, or in.tvkiannual~ installmer&!ith interest at 8% &r~anngrK on the u'n>aid'balahce commencing on the first November 1st the find .?sse?q-. being due on the first date when real estate- ment resolution and said first"instal1ment- taxes aydueand annually the-maft.&xeept those properties under Subseeion C3Kc) of. shall-pay the entire~sssessrnent as stated in' this resolution dealing with-deferrals, which (3XcI. ' .< . charge'or.theLjektire a'ssessrnent f&l3]lcl (21 The assessment (other than lateral. property) shall be deferred until the occur:. Fence of the first of the following even+: affected to com'mence-pa)'hent of' the,' (a) EleCLion by~an owner of the prop4rty assessment which must be made in writi6g L on or before-the'first Nive~be;'lZi 'er :i (b) Sale Of any ibierest in the iropertf. $ater (a available <g is'deemed waived.:. : (clUpon issuance of~a building..permit.for i property which ,is an expansion :ebsting;a $ major expihiion 6f commercial o? indus+ial j total of 525.000.00or mom. '~ '" ' '" ~ ~ ~~ ~~ ~ ~ ivuance 'of a'building permit as to,+t ld)As: to ..unimplpved. prppe@y, u@n poition of the property beingimproyed ,- le) On connection of the .pGpeity to the water system on or befo? the first ,Noiem- bir 1st after. water is available, to 'the Property. . ,. w&r svstern after the first November 1st (0 On Connection of the property, to the afler water isavailable to the pkperty. but only if co?nfftibn is yoluntarily made, made for a reawn now re+iring qnneclion under the present City ordin$"& or connection hATE6 THE 27th DAY OF June. 1989. ld Wayne G. Silentine. CITY OF MUSKEGO ATEST- !si Jean K. Marenda City Clerk I succeeding tax roll. DATF,D THIS 27th DAY OF June. 1989. CITY OF.MUSKEG0 . . .~ Jean K. Maienda Citi Clerk STATE OF WISCONSIN ) Milwaukee County ) ) 5s. (SEAL) JUDITH. ZIOLKOWSK I being duly sworn. doth depose and say tllal he is a11 dtilkrizod replesen!a:ive 91 The .MUSKEG? 5°F. .. a newspaper published at .WSYEG3 Wisconsin and lhat an adverlisemellt cl which lhe anrlexed is a lrue copy, laken from said paper. was published lhereill on ..