CCR1991053COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #53-91
FINAL RESOLUTION AUTHORIZING INSTALLATION
OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
OF WATER IMPROVEMENTS AND LEVYING
(Hillendale North of Highway L Water Project MW-12-90)
(Assessment District "WK")
a
I.
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 water improvement within the area
described below and shown on the attached map and heard all
persons who desired to speak at the hearing:
Water Assessment Area
Hillendale North of Highway L Water Project
for Project Mw-12-90
Assessment District "WK"
See Attached Legal Description & 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
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
assessment changes those policies as follows as reflected
to change its policies. However, the City as to this
on the modified and amended report:
A. That each parcel being assessed is responsible for the
i
payment of the assessment in the manner set forth in
Resolution #53-91 Page 2
Paragraph 6 of this Resolution to the extent of 150
whichever is less, plus the cost of all laterals; and
front feet or the number of front feet of the parcel,
B. That the remainder of said assessments are deferred as
stated in assessment policies of the City as modified
by Paragraph I 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
installment being due on the date when real estate taxes
are due and annually thereof. All assessments or
be extended upon the tax roll as a delinquent tax against
installments which are not paid by the date specified shall
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.
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,
the first November 1st after the end of the deferral unless
said assessment shall be paid in cash in full on or before
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
tax roll as a delinquent tax against the property and all
not paid by the date specified shall be extended upon the
proceedings in relation to the collection, return and sale
of property for delinquent real estate taxes shall apply to
statute.
such special assessment, except as otherwise provided by
Resolution #53-91 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
against the benefited property to every property owner
of this Resolution and a statement of the final assessment
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 MUSKEGO
Wayne G. Salentine
Mayor
ATTEST :
City Clerk
3/91cac
Published April 18, 1991
STATE OF WISCONSIN )
Milwaukee Counly )
) ss.
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(SEAL)
Judith Ziolkovdti being duly sworn,
dolh depose and say lhal he is an aulhorized represenlalive of
The N.ltskcg(~.Su~~. ..................
a newspaper published al . JYIIY~CRO. .............
Wisconsin and lhal an adverlisemenl of which Ihe annexed is a
ltue copy, laken from said paler, was published therein on
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(Signed).
BOOKKEEPER.
Official N,otice CrrV'OF ~ivSiEiXl
-
COMMON-COUNCIL
FINAL RESOLUTION AUTHORIZING
RESOLUTION 853.91
MENTS AND LEVYING OF SPECIAL
INSTALLATION OF WATER IMPROVE-
ASSESSMENTS AGAINST BENEFITED
PROPERTY(Hillendale North of Highway L
Water Project MW-12-90)
WHEREAS. the Common Council of the
(Assessment District W)
city Of Muskego. Wisconsin. held a public
day of March. 1991, for the purpose of
heanngattheCityHallet7:15P.M.on~~th
hearing all interested persons
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 hearing.
Water Assessment Area
Hillendele North of Highway L for Project MW.12-90
Assessment Dietrict 1KK"
Water Project
See Attached Legal Description & Map
by the Common Council of the City of
NOW. THEREFORE. BE IT RESOLVED
Muekego as follows:
1. That the report ofthe City Engineer and
any amendments or moditicatione thereto
pertaining to the construction of the abave
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
end any amendments or modifications
thereto of the City Engineer.
made by assessing the cost to the property
3. That payment for the improvements be
benefited as indicated in the report and any
amendments or modifications thereto.
4. That as8eBsmentB 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 eonfmed.
5. The assessments ahom on the report
the policies of the City of Muskego now in
and the modifications thereto conform with
existence to the extent not modified by this
certain of its prior assessment policies in
Resolution. The City is now reviewing
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
However. the City as to this assemnent
necessary to attempt to change its policies.
changes those policies as follows as reflected
on the modified and a,mended report:
A. That each parcel bemg assessed is
responsible for the payment of the assess-
ment in the manner set forth in Paragraph 6
of this Resolution to the extent of 150 front
feet or the number of front feet of the parcel.
and
whichever is less. plus the cost ofall laterals;
are deferred as stated in assessment policies
B. That the remainder afsaid assessments
of the City as modified by Paragraph 7 of
this Resolution.
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 installment to the City Trea-
sure?, installment payments to bear interest
at the rate of 8% per annum on the unpaid
balance commencing on November 1. 1991
and said first instsllment being due on the
date when real estate taxee are due and
annually thereof. 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 pmperty and
all proeeedings in relation to the collection.
return and sale of property for delinquent
real estate taxea 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 5 and 6
ofthis Resolution shall be deferred pursuant
to assessment wlicies of the City modified
as follows:
A The deferral referred to in this para-
graph shall end upon any u~e being made of
any portion of the property in quedn (use
specifically including land division) and the
responsibility for payment of the assessment
shall apply to all of the property subject to
' the unpaid baland&m'th&i& November
payment in full. When the deferral of an
1st aRer the data of this Resolution and until
assessment ends, 'SGd zabasment shall be
paid in cash in full on or before the first
November 1st after the end of the deferral
with a property owner having an assessment
unless the City, at its mle option, negotiates
come due an agreement by which the
assessment or a portion thereof may he
further deferred when the Common Council
determines that additional deferrals would
circumstances. All asseBsments or install-
be just and equitable under the particular
specified shall be extended upon the tax roll ments which are not paid by the date
as a delinquent tax against the property and
all proceedings in relation to the collection.
return and sale of property far delinquent
real estate taxes shall apply to such special
as8esament. except as othenvise pmvided by
statute.
9. Interest rates on defemd assessments
may be reviewed every five (5) years.
10. That the City Clerk shall publish this
Resolution ae a Class 1 Notice in the
assessment district and mail a copy of this
Resolution and a statement of the final
to every property owner whose name assensment against the benefited property
appeara on the assessment mll whose post
oflice address is known or can with rem".
able diligence be ascertained.
DATED THIS 26TH DAY MARCH, 1991.
fwWayne 0. Salentine
CITY OF MUSKEGO
Mayor ATITST: /dJe& K Marenda
Citv Clerk
: I I .. ~. I ASSESSMENT DISTRICT WK i
All that part of the Southeast one-
quarter of Section 7, the Southwest
one-quarter of Section 8. and the
Northeast one-quarter of Section 18.
Town 5 North, Rnnge 20 East. City of
Muskego, Waukesha County. Wiscon-
sin, more fully described as follows:
All those properties abutting the
right-of-way of Hillendale Drive from
1,500 feet North of Janesville Road,
CTH 'L". Northeasterly to Sunny Hill
Drive.
INSTALLMENT ASSESSMENT NOTICE
Hillendale North of Highway
L Water Project MW-12-90
Aesessment District 'WK"
NOTICE is hereby given that contracts have been let for Aesessment District 7KK"
for the Hillendale North of Highway L
Water F'roject MW-12-90. and that the
amount of the special assessment therefore
has been determined as to each parcel of real
estate aflected thereby and a statement of
the same is on file with the City Clerk; it is
proposed to collect that same in ten (IO)
installments, as provided by Section 66.54 of
the Wisconsin Statutea. with interest
thereon at eight percent (8%) per year; that
all assessments will be collect4 in install-
ments 88 above provided except such asmss-
same shall frle with the City Clerk within 30
rnents on property where the owner of the
days from date of this Notice a written notice
that he el& to pay the special assessment
on his property. describing the name, to the
City Treasurer on or before November 1.
1991. If aRer making such election, said
property owner fails to make the payment to
the City Treasurer. the City Clerk shall
place the entire assessment on the next
succeeding tax roll. Any deferred portion of
any assessment is not dectsd by this
.. ,
eac the defehal.
8. That all deferred assessments shall
bear interest at the rate of 8% per annum on