CCR1991055COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #55-91
FINAL RESOLUTION AUTHORIZING INSTALLATION
OF SANITARY SEWER IMPROVEMENTS AND LEVYING
OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
(Woods Road South Sewer Project MSS-3-90)
(Assessment District "SC")
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 7:15 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-3-90
Woods Road South Sewer Project
Assessment District "SC"
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 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
Resolution. The City is now reviewing certain of its prior
now in existence to the extent not modified by this
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
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 #55-91 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
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
are due and annually thereof. All assessments or
installment being due on the date when real estate taxes
be extended upon the tax roll as a delinquent tax against
installments which are not paid by the date specified shall
collection, return and sale of property for delinquent real
the property and all proceedings in relation to the
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
5 and 6 of this Resolution shall be deferred 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)
shall apply to all of the property subject to the
deferral.
8. That all deferred assessments shall bear interest at the
rate of 8% per annum on the unpaid balance from the first
payment in full. When the deferral of an assessment ends,
November 1st after the date of this Resolution and until
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
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
statute.
such special assessment, except as otherwise provided by
Resolution #55-91 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
whose name appears on the assessment roll whose post office
against the benefited property to every property owner
address is known or can with reasonable diligence be
ascertained.
DATED THIS 26TH DAY MARCH , 1991.
CITY OF MUSKEG0
b Wayne G. Salentine
Mayor
ATTEST :
City Clerk
3/91cac
Published April 18, 1991
a
L
I I
ASSESSMENT DISTRICT SC
All that part of the Southwest one-quarter of Section 17, Tom
5 North, Range 20 East, City of Muskego, Waukesha County,
Wisconsin, more fully described as follows:
All those properties abutting the right-of-way of Woods Road
from Janesville Road, CTH "L" to 1,750 feet south of Janesville
Road-
I
STATE OF WISCONSIN
Milwaukee Counly
) ss.
(SEAL)
." ".
Judith Ziolkowski being duly sworn,
dolh depose and say lhal he is an aulhorized representative of
The. .. EllLskcKo SUII .. ............
a newspaper published al .. PbLsksso. ............
Wisconsin and lhal an adverlisemenl of which Ihe annexed is a
true copy, taken horn said paler, was published lherein on
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.. :. ... APR, .I .B fg9:. .......
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BOOKKEEPER.
Official Notice
ClTY OF MUSKEG0
COMMSN CUUNCIL
FINAL RESOLUTION AUTHORIZING
RESOLUTION Y 55-91
IMPROVEMENTS AND LEVYING OF
INSTALLATION OF SANITARY SEWER
SPECIAL ASSESSMENTS AGAINST
(Woods Road South Sewer Project MSS-3.90:
BENEFITED PROPERTY
WHEREAS. the Common Council of the
(Assessment District "SC")
City of Muskego. Wisconsin. held a public
day of March. 1991. for the purpose of
hearingattheCityHallat1:15P.M.onlzth
hearing all interested persom concerning
City Engineer on the proposed mnitary
the preliminary resolution and report of the
sewer improvement within the area
described below and shown on the attached ,
map and heard all persons who desired to
speak at the hearine:
Sanitary Sewer Assessment ha
for Pmject MSS3.90
Woods Road South Sewer Rojmt
see Attached Legal Description & Map
Assessment District 'SC"
NOW. THEREFORE, BE IT RESOLVED
Muskego as follows: by the Common Council of the city of
amendments or madilieations thereto
1. That the report of the City Engineer and
pertaining to the construction of the above.
Plans and specifications therefore is adopted
described public improvements, including
and approved.
advertise foor bids and shall carry out the
2. That the City of Muskego has or shell
improvements in accordance with the report
and 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 assessment8 shown on the report
thereto, representing an exercise of the
and any amendments or modifications
police power. have been determined on a
reasonable basis and are hereby confirmed.
and the modifications thereto conform with
5. The as6esBmente show on the report
the policies of the City of Muskego now in'
Resolution. The City is now reviewing
existence to the extent not modified by this
order improve the same foor 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 ita policies.
However. the City as to this assessment
on the modified and amended report:
change8 those policies as follows as reflected
A. That each pareel being assessed is
responsible for the payment of the amem-
ment in the manner set forth in
extent of 150 fmnt feet or the number of
Paragraph 6 of this Resolution to the
front feet of the parcel. whichever in less,
plus the mat of all laterals; and
B. That the remainder of said assessmenta
are deferred as stated in aasessment policies
of the City 88 modified by Paragraph I of
this Reeolution.
Paragraph 5 of this Resolution may be paid
6. That the assessments 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
surer, inatallment paymente to beer interest
interest per installment to the City Rea-
balance commencing on November l, 199Z
at the rate of 8% per annum on the upaid
and eaid first installment being due on the
date when real estate trues are due and
annually thereof, All assessmente or instell-
mente 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
assessment. except as otherwise provided by
real estate taxes shall apply to such special
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 Dursuent
to assessment policies of the City'modified
as follown:
graph shall end upon my use being made of
A. The deferral referred to in thia para-
specifically including land division) and the
any partion of the property in question (use
responsibility for payment of the amessment
shall apply to all of the property subject to
the deferral.
8. That all deferred assessments shall
bear interest at the rate of 8% per annum on
the unpaid balance from the first November
IstaRerthedateofthiaResolutionanduntil
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 lat after the efid of the deferral
unless the City. at ite sole option, negotiates
with a property owner having an assessment
assessment or a portion thereof may be
came due an agreement by which the
further deferred when the Common Council
determines that additional deferrals would
be just and equitable under the particular
circumstances. All assessments or install-
specified shaU be extended upon the tax roll
ments which are not paid by the date
all proceedings in relation to the collection,
as a delinquent tax against the property and
return and sale of property for delinquent
real estate taxes ahall apply to such special
assessment, except as otherwise provided by
statute.
~ .". "
9. Interest rates on deferred asBessment9
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
hsolution and a statement of the final
assessment against the benefited property
j to every property owner whose name
appears on the assessment roll whose post
ofiice address is known or cm with reason.
able diligence be ascertained.
DATED THIS 26TH DAY MARCH, 1991.
CITY OF MUSKEGO
Id Wayne G. Salentine I
Jean K. Marenda
City Clerk
3191cse
ATX~ST: Mayor
All that part of the Southwest onequarter of
Ssiion 17, Town 5 North. Range 20 East,
consin, more fully deaeribed BB follows:
City of Muskego. Waukesha County, Wis-
All those properties abutting the rightof-
way of Woods Road from Janesville Road.
CTH 7," to 1.750 feet south ofJanesville
Road
INSTALLhiENT ASSESSMENT NOTICE
Woods Road South Sewer
Roject MS53-90
Assessment District 'SC"
have been let for Assessment District 'SC" NOTICE in hereby given that contract8
for the Woods Road South Sewer Project
MSS-3-90, and that the amount of the
special assessment therefore has been deter-
mined a8 to each parcel of real estate
aIfected thereby and a statement of the same
is on file with the City Clerk; it is proposed
to collect that name in ten (10) installments.
as provided by Seetion 66.54 of the Wiacon-
sin 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 same shall file
of this Notice a written notice that he elects
with the City Clerk within 30 days from date
to pay the special assessment on hi8
property, describing the same. to the City
Treasurer on or before November 1, 1991. If
owner fails to make the payment to the City
after making such eleetton, said property
Treasurer, the City Clerk shall place the
entire assessment on the next succeeding
tax roll. Any deferred portion of an;
assessment is not affected by this Notice.
DATED THIS 1ST DAY OF APRIL, 1991.
Id Jean K. Marenda
City of Muskego
City Clerk
CMC