CCR1991052COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #52-91
OF SANITARY SEWER IMPROVEMENTS AND LEVYING
FINAL RESOLUTION AUTHORIZING INSTALLATION
OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
(Hillendale North of Highway L Sewer Project MSS-2-90)
(Assessment District "SB")
WHEREAS, the Common Council of the City of Muskego, Wisconsin,
held a public hearing at the City Hall at 7:15 P.M. on 11th day
of March, 1991, for the purpose of hearing all interested
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
Hillendale North of Highway L Sewer Project
for Project MSS-2-90
Assessment District "SB"
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 therefor 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
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
on the modified and amended report:
assessment changes those policies as follows as reflected
A. That each parcel being assessed is responsible for the
payment of the assessment in the manner set forth in
Resolution #52-91 Page 2
Paragraph 6 of this Resolution to the extent of 150
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
stated in assessment policies of the City as modified
by Paragraph 7 of this Resolution.
6. That the assessments due pursuant to Paragraph 5 of this
November 1, 1991 or in ten (10) annual installments of
Resolution may be paid in cash in full on or before
principal together with twelve (12) months interest per
installment to the City Treasurer, installment payments to
bear interest at the rate of 8% per annum on the unpaid
balance commencing on November 1, 1991 and said first
are due and annually thereof. All assessments or
installment being due on the date when real estate taxes
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
as otherwise provided by statute.
estate taxes shall apply to such special assessment, except
I. That portion of the assessments against property made by
this Resolution and not collectable pursuant to Paragraphs
5 and 6 of this Resolution shall be deferrd pursuant to
assessment policies of the City modified as follows:
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
rate of 8% per annum on the unpaid balance from the first
November 1st after the date of this Resolution and until
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
when the Common Council determines that additional
the assessment or a portion thereof may be further deferred
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
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.
Resolution #52-91 Page 3
9. Interest rates on deferred assessments may be reviewed
every five (5) years.
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
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 26TH DAY MARCH , 1991.
CITY OF MUSKEG0
Wayne G. Salentine
Mayor
ATTEST :
City Clerk
3/91cac
Published April 18, 1991
1 1
All that pait of the Soutseast one-quarzer of Section 7 and
the East 3ne-half of Section 18, Town 5 North, Range 20
Eas,c, Cit;r of Mus'xgo, Waukesha County, Wisconsin, more
fully described as Ec~llows: -
ALL those properties abutting the right-of-way of Hillendale
Drive from Janesville Road, CTH "L", Northerly to 4,300 feet
Northeas: of JanesvLlLe Road.
STATE OF WISCONSIN )
Milwaukee County )
) ss.
(SEAL)
Judith Ziolkowski being duly sworn,
dolh depose and say lhal he is an aulhorized represenlalive of
a newspaper published at ... ELl~skcau. ..............
The J'tltslCcxc~ SIIII.. ..................
Wisconsin and lhal an adverlisemenl of which Ihe annexed is a
ttue copy. taken from said paper. was published lherein on
...........................
...........................
.. : .... P.99 .I 3. !991. .......
.......................
.........................
.....
(Signed).
BOOKKEEPER,
CITY OF MUSKEGO Official .Notice
COMMON COUNCIL
FINAL RESOLUTION AUTHORIZING
RESOLUTION #52-91
INSTALLATION OF SANITARY SEWER
IMPROVEMENTS AND LEVYING OF
SPECIAL ASSESSMENTS AGAINST BEN-
EFITED PROPERTY (Hillendale North of
Highway L Sewer Project MSS-2-90)
WHEREAS, the Common Council of the
(Assessment District 'SB")
City of Muskego. Wisconsin, held B public
hearing at the City Hall at 7:15 P.M. on 11th
day of March, 1991, for the purpose of
hearing all interested persons concerning
the preliminary resolution and report of the
City Engineer on the proposed water
improvement within the area described
below and shown on the attached map and
heard all persons who desired to speak at
the hesrine. I Sanitary Sewer Assessment Area
Hillendale North of Highway
far Project MSS-2-90
L Sewer Project ~ ~
See Attached Legal Description & Map
NOW, THEREFORE. BE IT RESOLVED
by the Common Council of the City of Muskego 83 follows:
any amendments or modifications thereto
1. That the report of the City Engineer and
pertaining to the construction of the above-
described public improvements. including
plana and specifications therefor is adopted
and approved.
advertise for bids and shall cany out the
2. That the City of Muskego has or shall
and any amendments or modifications
improvements in semrdance with the report
thereto of the City Engineer.
3. That payment for the improvements be
benefited as indicated in the report and any
made by assessing the cost to the propeky
amendments or modifications thereto.
4. That assessments show 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.
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 ie now reviewing
order to improve the same for the benefit of
certain of its prior assessment policies in
those being assessed and the City. The City
has not completed its review to the degree
necessary to attempt to change itB policies.
However, the City as to this assessment
changes those policies as follows as reflected
on the modified and mended report:
A. That each pareel being assessed is
responsible for the payment of the anse8.s-
ment in the manner set forth in Paragraph 6
of this Resolution to the extent of 150 front
feet or the number of fmnt feet of the parcel.
whichever is less. plus the mst ofall laterals;
and
are deferred as stated in assessment policies
B. That the remainder ofaaid assessments
of the City as modified by Paragraph 7 of
this Resolution.
Paragraph 5 of this Resolution may be paid
6. That the assessments due pursuant to
in cash in full an or before November 1,1991
or in ten (10) annual installments of
principal together with twelve (12) months
interest per installment to the City Trea-
surer, installment payments to bear intereat
at the rate of 8% per annum on the unpaid
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 install-
ments which are not paid by the date
specified shall be extended upon the tax dl
a8 B 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
.assemment. except as otherwise provided by
statute.
property made by this Resolution and not
7. That portion of the asseasments against
collectable pursuant to Paragraphs 5 and 6
of this Resolution shall be deferred pursuant
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 pmperty in question (use
specifically including land division) and the
responsibility foor payment of the assessment
shall apply to all of the property subject to
the deferral.
8. That all deferred aseessments shall
bear interest at the rate of 8% per annum on
Assessment District 'SB"
the unpaid balance from the first November
1st aRer the date ofthis Resolution and until
assessment ends. said assessment shall be
payment in full. -Whhen.ft?~he deferral of an
paid in cash in full on or before the first
November 1st aRer the end of the deferral
unless the City, at ita eole option, negotiates
come due an agreement by which the
with a property owner having an asessment
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 inetall-
ments which are not paid by the date
as a delinquent tax against the property and
specified shall be extended upon the tax roll
all proceedings in relation to the collection,
return and sale of property foor delinquent
assessment. except as otherwise provided by
real estate taxes shall apply to such special
statute.
may be reviewed every five (5) years.
9. Interest rates on deferred assessments
10. That the City Clerk shall publish this
Resolution as a Class 1 Notice in the
Resolution and a statement of the final
assessment district and mail a copy of this
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 26TH DAY MARCH, 1991.
/Nape G. Salentine
CITY OF MUSKEGO
Mayor ATTEST:
idJean K Marenda
City Clerk
I
ASSESSMENT DISTR~ sB 3" I 1.L" All that part of the Southeast onequarler Of
Section 7 and the 18,
Town 5 North. Range 20 East, City of
Muskego, Waukesha County, Wiemnsin.
more fully described as follows:
All those properties abutting the right-of-
way of Hillendale Drive hm Janesnlle
Road, CTH 'L". Northerly to 4,300 feet
Northeast of Janesville Road.
19 20
INSTALLMENT ASSESSMENT NOTICE
Hillendale North of Highway L
Assessment District 'SB"
Sewer Pmject MSS-2-90
NOTICE is hereby given that contra&
have been let for Assessment District "SB"
for the Hillendale North ofHighway L Sewer
project MSS-2.90, and that the amount of
the special assessment therefore has been
determined ae to each pareel of real estate
affected thereby and a statement ofthe same
is on file with the City Clerk; it in proposed
to mllect that same in ten (10) installments.
as provided by Section 66.54 of the Wismn-
gin Statutes, with interest thereon at eight
percent (8%) per year; that all assessments
will be collected in installments as above
provided except such assessments on pmp-
erty where the owner of the Bame shall file
with the City Clerk within 30 days from date
of this Notice a written notice that he elects
to pay the special asses8ment an his
property. describing the name, to the City
Treasurer on or before November 1.1991. If
aRer making such election, said propefiy
owner fails to make the payment to the City
Treasurer, the City Clerk shall place the
entire assessment on the next sumding
tax roll. Any deferred portion of any
is not affected by thin Notice.
DATED THIS 1ST DAY OF APRIL. 1991.
/dJean K Marenda, CMC
City of Muskego
City Clerk
eac