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CCR1991056COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #56-91 FINAL RESOLUTION AUTHORIZING INSTALLATION OF WATER IMPROVEMENTS AND LEVYING OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY (Woods Road South Water Project MW-11-90) (Assessment District "WJ") WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a public hearing at the City Hall at 7:15 P.M. on 12th 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 for Project MW-11-90 Woods Road South Water Project Assessment District "WJ" 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. modifications thereto, representing an exercise of the That assessments shown on the report and any amendments or 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 #56-91 Page 2 6. I. 8. 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 E. That the remainder of said assessments are deferred as stated in assessment policies of the City as modified by Paragraph I of this Resolution. 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 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 as otherwise provided by statute. estate taxes shall apply to such special assessment, except 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. 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 owner having an dssessment come due an agreement by which the City, at its sole option, negotiates with a property 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 #56-91 Page 3 0 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 MUSKEGO Wayne G. Salentine Mayor ATTEST : City Clerk Published April 18, 1991 0 3/91cac // a ! : .. I. , L .. I -1 I I ASSESSMENT DISTRICT WJ \h 1 I I- I A11 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: / 411 those properties abutting the right-of-way of Woods Road from Janesville Road, CTH "L" to 2,000 feet South of Janesville Road. I I ...... r... .. \ STATE OF WISCONSIN ) Milwaukee Counly ) ) ss. (SEAL) Judith Ziolkowski being duly sworn, dolh depose and say lhal he is an aulhorized represenlalive of The.. . MILS~C~U SIIII.. .................. a newspaper published a1 .. Pl1~ltC13u. ............ Wisconsin and lhal an adverlisemenl of which Ihe annexed is a Inbe copy, laken horn said paper. was published therein on ...................... ........................... . :. . ..!.e IS 1991.. ...... ...................... ........................ ..... (Signed). . BOOKKEEPER, Subscribed and swoln lo before me lhis ... /.&e. . day -be MY Commission expires, ... .APRIL. 3 3. .. 19 .93 .. /' :RTY (Woods Road South Wab Project MW-11.90) WHEREAS, the Common Council of the (Assessment District WJ‘) City of Muskego. Wisconsin. held a public hearingattheCityHalIat7:15P.M,onlZth day of March, 1991, for the purpose of hearing all interested persons concerning the preliminary resolution end report of the City Engineer on the proposed water improvement within the area described below and shown on the attached map and heard ell persons who desired to speak at the hearing: Water Assessment Area Woods Road South Water Project for Project MW-11-90 Assessment District WJ” See Attached Legal Description &Map NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Muskego a8 follows: any amendments or modifications thereto 1. That the report ofthe City Engineer end pertaining to the construction of the above 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 and any amendments or modifications thereto of the City Engineer. 3. That payment for the improvemnnts be made by assessing the coat to the property benefited as indicated in the report and any amendments or modifications thereto. 4. That assessments shorn 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 tbe 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 aeaeaament policies in order to improve the same for the benefit of thoae being assessed and the City. The City has not completed its review to the degree However. the City as to this assessment necessary to attempt to change its policies. changes those policies as followvs BS reflected on the modified and amended report: responsible for the payment of the B88eBs- A. That each parcel king mead is ment in the manner set forth in Parwaph 6 of thie Reaolution to the extent of 150 front feet or the number of front feet of the pareel, whichever is less, plus the cost of all laterale; and are defemd as stated in assensment policies E. That the remainder ofsaid asmusmentn 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 ha- ~urer, 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 aaid first installment being due on the annually therwf. All assessments or install- ments which are not paid by the date specified shall he extended upon the tax roll 88 a delinquent tax against the property and all proceedings in relation to the wllection. return and sale of pmperty for delinquent assessment. except as otherwise provided by real estate taxes shall apply to such special statute. 7. That portion of the assessments against collectable pursuant to Paragraphs 5 and 6 property made by this Resolution and not of thi8 Resolution shall be deferred pursuant to asseSsment policies of the City modified as fallows: A The deferral referred to in this para- graph shall end upon any use being made of any potiton of the pmperty in question (use specifidly including land division) and the responsibility for payment of the assessment shall apply to all of the pmperty subject to the deferral. bear interest at the rate of 8% per annum on 8. That all deferred aBsessments shall the unpaid balance from the first November 1st &r the date ofthis Resolution and until payment in hi;. en the deferral of an assessment ends, aa.d assessment ahall be paid in cash in full an or’before the first November 1st after the end of the deferral with a property owner having an assessment unless the City, st its sole option, negotiates come due an agreement by which the assessment or B 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 install- ments which are not peid 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. 9. Interest rates on deferred assessments may he reviewed every five (5) year6. 10. That the City Clerk shall publish this Resolution as a Class 1 Notice in the assessment distrid and mail a mpy of thm Resolution and a statement of the final as8essment againat the benefited property to every property owner whose name appears on the assessment roll whose post offnce address is known or can with reason- ’ DATED THIS 26TH DAY MARCH, 1991. able diligence be ascertained. CITY OF MUSKEG0 iflayme G. Salentine Mayor ~~~ ~ ATPEST /dJean K. Marenda City Clerk I 7- ..... .. I ,4 IBI I i ASSESSMENT DISTRICT WJ \j All that oart of the Southwest onn-auarter of ~~~ .~ ~ ~ Section i7. To- 6 North, Range.20 Eeet. City of Muskego. Waukesha County. Win- consin, more fully described as follows: All those properties abutting the right-of- way of Wds Road fmm Janesville had, CTH Z” to 2,000 feet South of Janesville Road. INSTALLMENT ASSESSMENT NOTICE Wds Road South Water Project MW-11-90 Aesesment District WT NOTICE is hereby given that mntracte have been let for Assessment Diatriet ‘WJ” far the Woods Road South Water Project MW-11-90, and that the amount of the special as8emment therefore has been deter- affected thereby and a statement ofthe awe mined as to each pareel of real estate to roll& that me in ten (10) installments. is on file with the City Clerk; it is pmposed as pmvided by Section 66.54 of the Wismn- 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 name shall fie with the City Clerk within 30 days fmm date of this Notice a witten notice that he elects to pay the epecial assessment on his property, desmibing the same. to the City Treasurer on or before November 1,1991. If after making such election, said property orner fails to make the payment to the City Treasurer. the City Clerk shall place the entire assessment on the next succeeding tax roll. Any defemed portion of any assessment is not affected by this Notice. DATED THIS 1ST DAY OF APRIL. 1991. /&lean K Marinda, CMC City of Muskego City Clerk cac