CCR1991050COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #50-91
OF SANITARY SEWER IMPROVEMENTS AND LEVYING
FINAL RESOLUTION AUTHORIZING INSTALLATION
OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
(Hillendale/Wentland and Tans Drive Sewer Project MSS-1-90)
(Assessment District "SA")
WHEREAS, the Common Council of the City of Muskego, Wisconsin,
of March, 1991, for the purpose of hearing all interested
held a public hearing at the City Hall at 7:OO P.M. on 12th day
persons concerning the preliminary resolution and report of the
City Engineer on the proposed sanitary sewer improvement within
the area described below and shown on the attached map and heard
all persons who desired to speak at the hearing:
Sanitary Sewer Assessment Area
for Project MSS-1-90
Assessment District "SA"
See Attached Legal Description h Map
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of Muskego as follows:
1.
2.
3.
4.
5.
That the report of the City Engineer and any amendments or
modifications thereto pertaining to the construction of the
above-described public improvements, including plans and
specifications therefore is adopted and approved.
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.
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.
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.
The assessments shown on the report and the modifications
thereto conform with the policies of the City of Muskego
now in existence to the extent not modified by this
Resolution. The City is now reviewing certain of its prior
benefit of those being assessed and the City. The City has
assessment policies in order to improve the same for the
not completed its review to the degree necessary to attempt
to change its policies. However, the City as to this
assessment changes those policies as follows as reflected
on the modified and amended report:
A. That each parcel being assessed is responsible for the
payment of the assessment in the manner set forth in
Paragraph 6 of this Resolution to the extent of 150
Resolution #SO-91 Page 2
0
,.
front feet or the number of front feet of the parcel,
whichever is less, plus the cost of all laterals; and
B. That the remainder of said assessments are deferred as
by Paragraph 7 of this Resolution.
stated in assessment policies of the City as modified
6. That the assessments due pursuant to Paragraph 5 of this
Resolution may be paid in cash in full on or before
November 1, 1991 or in ten (10) annual installments of
principal together with twelve (12) months interest per
bear interest at the rate of 8% per annum on the unpaid
installment to the City Treasurer, installment payments to
balance commencing on November 1, 1991 and said first
installment being due on the date when real estate taxes
are due and annually thereof. All assessments or
installments which are not paid by the date specified shall
be extended upon the tax roll as a delinquent tax against
the property and all proceedings in relation to the
collection, return and sale of property for delinquent real
estate taxes shall apply to such special assessment, except
as otherwise provided by statute.
7. That portion of the assessments against property made by
this Resolution and not collectable pursuant to Paragraphs
assessment policies of the City modified as follows:
5 and 6 of this Resolution shall be deferred pursuant to
A. The deferral referred to in this paragraph shall end
upon any use being made of any portion of the property
and the responsibility for payment of the assessment
in question (use specifically including land division)
deferral.
shall apply to all of the property subject to the
8. That all deferred assessments shall bear interest at the
November 1st after the date of this Resolution and until
rate of 8% per annum on the unpaid balance from the first
payment in full. When the deferral of an assessment ends,
said assessment shall be paid in cash in full on or before
the first November 1st after the end of the deferral unless
the City, at its sole option, negotiates with a property
owner having an assessment come due an agreement by which
the assessment or a portion thereof may be further deferred
when the Common Council determines that additional
deferrals would be just and equitable under the particular
circumstances. All assessments or installments which are
not paid by the date specified shall be extended upon the
proceedings in relation to the collection, return and sale tax roll as a delinquent tax against the property and all
of property for delinquent real estate taxes shall apply to
such special assessment, except as otherwise provided by
statute.
9. Interest rates on deferred assessments may be reviewed
every five (5) years.
Resolution #50-91 Page 3
0 10. 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
whose name appears on the assessment roll whose post office
against the benefited property to every property owner
ascertained.
address is known or can with reasonable diligence be
DATED THIS 26TH DAY MARCH , 1991.
CITY OF MUSKEG0
Wayne G. Salentine
Mayor
ATTEST :
City Clerk
3/91cac
Published April 18, 1991
0
I I 'I i
A11 that part of the East one-half of Section 5 and the
Northeast one-quarter of Section 8, Town 5 North, Range 20
East, City of Muskego, Waukesha County, Wisconsin, more
fully described as follows:
X11 those properties abutting the right-of-way of Xillendale
Drive from 280 feet South of Wencland Drive, Northeastsrly
Northeasterly to Tans >rive and also abutting the right-of-
to Leabezeder Drive; alsa from a50 feet South of Tans Drive,
way of Tans Drive from Xillendale Drive to 360 fzet Xes: of
Hillendale Drive.
STATE OF WISCONSIN )
Milwaukee County )
) ss. Judith Ziolkowski being duly sworn,
dolh depose and say lhal he is an aulhorized represenlalive 01
a newspaper publislled at .. Nwkc~v. ..............
Wisconsin and lhal an advertisement of which the annexed is a
hue copy, taken from said paper, was published lherein on
The. .. Elllskcgu SIIII.. .. ..............
.........................
APR 1 8 1991 ...........................
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(Signed)
BOOKKEEPER.
Subscribed and sworn lo before me this ... /.r. ..... day A
01.. . .. ..
MY Commission expires, ....... .APRIL. 11. .. 19.93 ..
CITY QY "USiKFfO
Official Notice
COMMON COUNCIL
RESOLUTION #50-91
FINAL RESOLUTION AUTHORIZING
IMPROVEMENTS AND LEVYING OF
INSTALLATION OF SANITARY SEWER
SPECIAL ASSESSmNTS AGAINST BEN-
EFITED PROPERTY (HillendaleNentland
and Tans Drive Sewer Project MSS-1-90)
(Assessment District 'SA")
City of Muskego, Wiaconain. held a public
MMEREAS. the Common Council of the
hearing st the City Hall at 7:OO P.M. on 12th
day of March. 1991. for the purpose of
hearing all interested persons concerning
the preliminary resolution and report ofthe
City Engineer on the proposed water
below and shown on the attached map and
improvement within the area described
heard all persons who desired to speak at
the hearing.
Sanitary Sewer Assessment Area
for Project MSS-1-90
See Attached Legal DesEiption &Map
Assessment District "SA"
by the Common Council of the City of
NOW, THEREFORE, BE IT RESOLVED
Muskego as follows:
any amendments or modifications thereto
1. That the mport afthe City Engineer and
described public improvements. including
pertaining to the construction ofthe abave-
plans and specifications therefore is adopted
and approved.
2. That the City of Mbnkego has or shall
advertise for bids end shall carry out the
improvements in aceordakce 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
end any amendments or modifications
thereto, representing an exercise of the
police power, have been determined on a
reasonable basis and are hereby cod~rmed.
and the modifications thereto conform with
5. The assessments shown on the report
the policies of the City of Muskego now in
existence to the extent not modified by this
Resolution. The City is now reviewing
certain of its prior assessment policies in.
order to improve the same for the benefit of
those being assessed and the City. The City
has not completed its review to the degree
necessary to attempt to change its policies.
However. the City as to this assessment
changes those policies as follows 8s reflected
on the modified and amended report:
A. That each parcel being asseseed is
responsible for the payment of the asses8-
of this Resolution to the extent of 150 front
ment in the manner set forth in Paragraph 6
feet or the number of fmnt feet of the parcel.
whichever is less. plus the cost of all laterals;
and
are deferred 88 stated in assessment policies
B. That the remainder ofsaid assessments
of the City a8 modified by Paragraph 7 of
this Resolution.
Paragraph 5 of this Resolution may be paid
6. That the aseessmente due pursuant to
in cash in full on or before November 1,1991
or in ten (10) annual installments of
principal together with twelve (12) months
interest per installment to the City Res-
surer, installment payments to bear interest
at the rate of 8% per annum on the unpaid
balance commencing on November 1, 1991
date when real estate taxes are due and
and said first installment being due on the
annually thereof. All assessmenta or install-
menta which are not,'paid' by the date
specified shall be extended upon the tax roll
as a delinquent tax against the property and
all proceedings in relation to the collection,
return and sale of property for delinquent
real estate taxes shall apply to such special
assessment, except BB otherwise provided by
statute! 7. That portion of the assessments against
callectdle pursuant to Paragraphs 5 and 6
propert made by thia Resolution and not
of this Reaolution shall be deferred pumuant
to assessment policies of the City modified
as follows:
graph shall end upon any use being made of
A. The deferral referred to in this para-
any portion of the propcy in question (use .. .. . . ..
payment in full. When tk deferral of an
assessment ende, sai; assessment shall be
paid in cash in full on or before the first
November 1st aRer the end of the deferral
unless the City, at its sole option, negotiates
with a pmperty owner having an aseeesment
come due an agreement by which the
assessment or a portion thereof may be
further deferred when the Common Council
determinea that additional deferrals would
be just and equitable under the particular
circumstances. All assessments or install-
ments which are not paid by the date
specified shall be extended upon the tax roll
as a delinquent tax against the property and
all proceedings in relation to the collection,
return and sale of property for delinquent
real estate taxes shall apply to such special
amessment, except as otherwise provided by
statute.
may be reviewed every five (5) years.
9. Interest rates on deferred assessments
Resolution as a Class 1 Notice in the
10. That the City Clerk ehall publish this
assessment district and mail a copy of this
Resolution and a statement of the final
assessment against the benefited properly
to every property owner whose name
appears on the assessment roll whose post
ofice address is knom or can with remn-
able diligence be ascertained.
DATED THIS 26TH DAY MARCH. 1991.
IaMTayne G. Salentine
CITY OF MUSKEGO
ATTEST
IdJean K. Marenda
City Clerk
3/91cac
Mayor-
All that pert of the East one-half of Section 5
and the Northeast onequarter of Section 8,
Town.5 North, Range 20 East. City of
Muskego, Waukenha County, Wisconsin.
more fully deecribed as follows:
All those properties abutting the right-of-
way of Hillendale Drive fmm 280 feet South
of Wentland Drive. Northeasterly to Lem-
bezeder Drive; ale0 from 850 feet South OF
Tans Drive. Northeasterly to Tans Drive and
also abutting the right-of-way ofTans Drive
from Hillendale Drive to 360 feet West of
Hillendale Drive.
INSTALLMENT ASSESSMENT NOTICE
HillendaleNentland and Tam Drive
Sewer Project MSS-1-90
Assessment District "SA"
have been let for Assessment District "SA"
NOTICE in hereby given that eontracts
for the Hillendale/Wentland and Tans Drive
Sewer Project MSS-1-90, and that the
amount of the special assessment therefore
has been determined as to each parcel of real
estate affected thereby and B statement of
the same is on file with the City Clerk; it is
proposed to collect that same in ten (10)
installmente. 88 provided by Section 66.54 of
the Wisconsin Statutes, with interest
thereon at eight percent (8%) per year; that
all assessments will be collected in install-
mebts on property where the owner of thc
rnents as above provided except such assess-
same shall file with the City Clerk within 30
days from date ofthis Notice a written notice
that he elects to pay the special assessment
on his property, describing the same. to the
City Treasurer on or before November 1.
property owner fails to make the payment to
1991. If after making such election. said
the City Treasurer. the City Clerk shall
succeeding tax roll. Any deferred portion of
place the entire assessment on the next
any assessment is not affected by this
Notice. DATED THIS 1ST DAY OF APRIL, 1991.
City of Muskego
IdJean K. Marenda. CMC
City Clerk
CBC I Read andUse the I