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CCR1989199COMMON COUNCIL - CITY OF MUSKEGO KESOLUTION #199-89 AGAINST BENEFITED PROPEKTY AND WAIVEK OF SPECIAL FINAL RESOLUTION LEVYING SPECIAL ASSESSMENTS ASSESSMENT NOTICES AND HEARINGS UNDER §66.60(18) (WaterIValley Drive - Hampe) WHEREAS, the undersigned are all of the owners of the Property described below, and MSKC 2195.943 pt sw 114 Sec 9 T5N K20E Parcel 2 of Certified Survey Map 5407 v43/277 1/8/88 WHEREAS, the property owners listed below have requested water service at this time. NOW, THEKEFOKE, for valuable consideration acknowledged by all parties and resolved and agreed as follows: 1. 6 2. 3. That by executing the acceptance of this Resolution as waive special assessment notices and hearings under stated below, the owners of said property also hereby §66.60(18) and consent to the levying of special assessments against their property for the benefit of the water improvement referred to above. That a special assessment is hereby levied against the property stated above in the amount of $1,754.68 (front foot). That Resolution #175-86, as amended, Kesolution #266-86 and Resolution #68-89, as amended, established an City of Muskego, which is hereby made a part of this assessment policy for construction of water mains for the deferred assessments and installment payments shall be as resolution. Pursuant to Section 5.5 of said policy, 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 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) - . Resolution #l99-89 . Page 2 (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: commence payment of the assessment which must be Election by an owner of the property affected to made in writing on OK before the first November 1st after water is available or is deemed waived. Sale of any interest in the property. Upon issuance of a building permit for major which is an expansion costing a total of expansion of commercial or industrial property $25,000.00 OK more. As to unimproved property, upon issuance of a being improved. building permit as to that portion of the property On connection of the property to the water system on or before the first November 1st after water is available to the property. 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 Muskego. imposed solely at the discretion of the City of (3) Upon the occurrence of the first of the above events shall be paid as follows: referred to in Subsection (2) above, the assessments (a) As to occurrence (d), prior to building permit. issuance of (b) As to occurrence (b), upon sale (c) As to occurrence (a) or (e), on 1st after said occurrence or in ten (1 0) annual the first November 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. ' Resolution 111 99-89 . Page 3 (d) As to occurrence (c) or (f), on the first November 1st after the occurrence or in ten (1 0) 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 balance from the first November 1st after the final assessments at the rate of 8% per annum on the unpaid 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 may make adjustments in said rate at any time after shall review the interest rate after five years and the initial five years. (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 taxes shall apply to such special assessment, except as otherwise provided by statute. 7. If this Resolution as well as an agreement acceptable the property owners stated below within thirty (30) to the City per Kesolution #200-89 are not accepted by days of passage, it is null and void. DATED THIS 25th DAY OF July ,1989. CITY OF' MUSKEGO WAYNE G. SALENTINE, Mayor ATTEST : JEAN K. MARENDA, City Clerk ACCEPTED BY: