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CCR1991197COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #197-91 AMENDED FINAL RESOLUTION AUTHORIZING INSTALLATION OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY OF SANITARY SEWER IMPROVEMENTS AND LEVYING (Hillendale/Wentland and Tans Drive Sewer Project MSS-1-90) (Assessment District "SA") WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a public hearing at the City Hall at 7:OO PM on the 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 sanitary sewer improvement within all persons to speak at the hearing: the area described below and shown on the attached map and heard Sanitary Sewer Assessment Area Assessment District "SA" for Project MSS-1-90 See Attached Legal Description and Map was adopted on March 26, 1991, and WHEREAS, a final assessment resolution concerning this matter WHEREAS, now certain changes in the assessment roll are necessary to lower certain assessments because of corrections to request of owners of said properties all of whom have executed a said roll and to raise certain assessments pursuant to the Waiver of Special Assessment Notices and Hearings. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Muskego as follows: 1. 2. 3. 4. 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 City Engineer. report and any amendments or modifications thereto of the 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. Resolution #197-91 Page 2 5. 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 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. 0 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 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. 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 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 Resolution #l97-91 Page 3 the City, at is sole option, negotiates with a property which the assessment or a portion thereof may be owner having an assessment come due an agreement by that additional deferrals would be just and equitable further deferred when the Common Council determines 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. 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. 0 DATED THIS 13TH DAY OF AUGUST , 1991. SPONSORED BY: Mayor Wayne G. Salentine This is to certify that this is a true and accurate copy of Resolution #197-91 which was adopted by the Common Council of the City of Muskego. 8/91cac Published August 22, 1991 All that parr of the East one-half of Section 5 and the Northeast me-quarter of Section 8, To-m 5 North, Xange 20 East, City of Xuskego, Waukesha County, Wisconsin, more fully described as follows: -0.. "PI^ .. P -n- I 0 P STATE OF WISCONSIN ) Milwaukee Counly ) ) 5s. (SEAL) being duly sworn, dolh depose and say lhal he is an aulhorized represenlalive of The.. . Mwikcgo .SUII.. ....................... a newspaper published al ... Mwkegv ............... Wisconsin and lhal an adverlisemenl 01 which the annexed is a kue copy, laken Ifom said paver, was published therein on 1; ........................... ........................... .. kJJ6 2 2 19Qf; ..................... .' ...... ........................... .......................... a (Signed). BOOKKEEPER. CITY OF MUSKEG0 Official Notice COMhiON COiJNClL RESOLUTION # 197-91 AUTHORIZING 1NSTALLATION OF AMENDED FINAL RESOLUTION SANITARY SEWER IMPROVEMENTS MEWS AGAINST BENEFITED PROP- AND LEVYING OF SPECIAL ASSESS- ERTY (HillendaluWentland and Tans Drive Sewer Project MSS-1-90) (Assessment Dis- trict 'SA") City of Muskego, Wisconsin. held a public WHEREAS, the Common Council of the hearing at the City Hall at 7:OO PM on the hearing all interested persons concerning 12th day of March. 1991, for the purpose of the Preliminary Resolution and Report of the City Engineer on the proposed sanitsly sewer improvement within the area described below and shown on the attached map and heard all persons to speak at the hearing: Sanitary Sewer Assesement Area for Project MSS-1-90 Assessment District "SA" Description and Map See Attached Legal WHEREAS. a final asses8ment resolution concerning this matter was adopled on March 26. 1991, and assessment roll are necessary to lower WHEREAS, now certain changes in the certain assessments because of corrections to said roll and to raise certain ansesements pursuant to the request of owners of said properties all of whom have executed a Waiver of Special Assessment Notices and Hearings. by the Common Council of the City of NOW, THEREFORE, BE IT RESOLVED Muskego as 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, ineluding plans and specifications therefore is adopted and approved. 2. That the City of Muskeao has or shall advertise for bids and shsliesny out the improvements in aecordance'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 8s indicated in the report and my amendments or modifications thereto. 4. That assessments shown on the report thereto, representing an exercise of the and any amendments or modifications police power. have been detemined on a reasonable basis and are hereby confirmed. and the modifications thereto conform with 5. The assessment8 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 ta improve the same for the benefit u: 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 as reflected on the modified and amended report: responsible for the payment of the BBSBSS- A. That each parcel being assessed is 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. whichever is 1888, plus the cost of all laterals: md B. That the remainder ofsaid assessments are deferred as stated in assessment policies of the City a3 modified by Paragraph 7 of this Resolution. 6. That the assessments due pursuant to Paragraph 5 of this Resolution may be paid or in ten (10) annual installments of in cash in full on or before November 1,1991 principal together with twelve (12) months interest per installment to the City Trea- surer. installment payments to bear interest 1ConP""W 0" nM pap) at the rate of 8% per annum on the unpaid balance commencing on November I, 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 roll as a delinquent tax against the property and all proceedings in relation to the collection. return and eale 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 of this Resolution shall be deferred pursuant collectable pursuant to Paragraphs 5 and 6 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 property in question (use specifically including land division) and the responsibility for payment ofthe msesement the deferral. shall apply to all of the, property subject to 8. That all deferred msessments shall bear interest at the rate of 8% per annum on the unpaid balance fmm the first November 1 st aRer the date ofthis Resolution and until yment in full. When the deferral of an dessment ends, said assessment shall be paid in cash in full on or before the first November 1st aRer the end of the deferral dess the City, at is sole option, negotiates come due an agreement by which the th a property owner having an assessment 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 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 assessment. except 8s otherwise provided by statute. 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 thia Resolution and a statement of the final assesement against the benefited PmPe*Y to every property owner whose name appears On the assessment roll whose Poat ,,rice address is known or can with reason- able diligence be ascertained- 1991. DATED THIS 13TH DAY OF AUGUST. SPONSORED BY mis is to certify that this is a tme and tdaYor Wayne G. Salentine copy of Resolution # 197-91 which adopted by the Common Council of the IS/ Jean K. Marenda City Clerk City of Muskego. Published August 22, 1991 I.