CCR1991198COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #198-91
AMENDED FINAL RESOLUTION AUTHORIZING INSTALLATION
OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
OF SANITARY SEWER IMPROVEMENTS AND LEVYING
(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 PM on the 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 to speak at the hearing:
Sanitary Sewer Assessment Area
Assessment District "SB"
for Project MSS-2-90
See Attached Legal Description and Map
WHEREAS
was ado pted on March 26, 1991, and
, 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
said roll and to raise certain assessments pursuant to the
request of owners of said properties all of whom have executed a
Waiver of Special Assessment Notices and Hearings.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of Muskego as follows:
1. 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.
2. 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
3. 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.
4. 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 #198-91 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
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 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
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
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.
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)
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
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
Resolution #198-91 Page 3
9.
10
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
delinquent real estate taxes shall apply to such
the collection, return and sale of property for
special assessment, except as otherwise provided by
statute.
Interest rates on deferred assessments may be reviewed
every five (5) years.
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 diliqence be - ascertained.
0 DATED THIS 13TH DAY OF AUGUST , 1991.
SPONSORED BY:
Mayor Wayne G. Salent .ine
This is to certify that this is a true and accurate copy of
Resolution #198-91 which was adopted by the Common Council of
the City of Muskego.
8/91cac Published August 22, 1991
1
!
0
0
0
1.
0
0
..
a
0
0
0
R li:
a
0
e
-n-
... .___
.." ..
... . . . .- L
STATE OF WISCONSIN )
Milwaukee County )
) ss.
(SEAL)
Judith Zioikowski being duly sworn,
dolh depose and say lhal he is an aulhorized wpresenlalive of
The.. . Mtrskcgu .SUI). ........................
a newspaper published a1 ... Mukegv. ..............
Wisconsin and lhal an advertisement of which (he annexed is a
Itue copy, laken lrom said palnr, was published lhelein on 1;
..........................
...........................
.. : ... .A(/@. 3, ii.@$f. ........
...........................
...........................
I."".
(Signed)
BOOKKEEPER,
Official .Notice .: r. L-=.!,
Hearin-.
NOW, THEREFORE, BE IT RESOLVED
bv the Common Council of the City of
hiuskeep0 as follows:
1,ThatthereportaftheCityEngineerand
any'amendmenta oi mdifiwkians thereto
rmtainine to the mnstniction of the above-
&&bedu public impmvementa, including
and appmved.
plena and apeifieationa therefore is adopted
2. That the City of Muekego has or shall advertise for bids and shall - out the
and any amendments, or modifications
impmvements in accordance with the report
thereto of the City Engineer.
be made :by ~aBBessing the mst to the 3. That payment for the impmvementa to
pmprty benefited BLI indieate3 in the report
thereto.
and any amendments or modifications
4. That assessments ahom on the report
and any amendments or. modifications
thereto. repreeenting an exardse of the
polici power. have been detemined on a reapnable basis and are hereby mnfnrmed.
6. The asseaiments ahom, on the report
and the m&catime thereto conform with
the-policies of the City ofhlvslreWnm'in
existence tothe ertetrl'not modired b+ this Resolution. The City iS now reviewing
certain of ita prior aesemment polidea in
order to improve the ~ame for the benefit of
thoae being aasessed and the City. The City
has not eompleted ita review to the degree
neceaaary b attempt to change ita policies. ..
changes those polides as'follawa aa refleeted
However, the City as to thia.assessment
on the modified and amended report:
reaponaible fai the payment of the assess- , A. That each pml being assessed ia '
ment in the manner Bet forth in Paragraph 6 '
of thia Resolution to the extent of 150 fmnt. ,
feet or the number of fmnt feet of the pared. 1 ~
whichever & lesa. plus the met of all laterals; T and
B.ThaLtheremainderofaaid~ssessmenta
are deferred as stated in ae+essment policies
of the City as mded by Paragraph 7'0f thim Reaolitioi.
6. That the easissmenta due pursuant to
Paragraph 6 of this Resolution may be paid
or- in ten (10) annual installments of
in cash in full on or before November 1,1991
principal togethwwith twelve (12) months
curer, installment psymenta'to bear interest
internat ikr insWlment.to-the City mea-
balance commencing on November l, 1991
at the rata of 8% per annum on the unpaid
date when real estate taxes are due and and said rimt installment being due on the
annually thereof. All asBemment2or insdl- menta which !re not paid: by ,,the date
as a delinquent taxsgsinst the property and
specified shall be extended upon the tax mu
return and Bale of pmperty for delinquent
all pro-&nga in relation to the collection.
real estate taxes shall apply to such special
BBBessment. except a8 otherwise pmwded by
statute.
7. That portion of the a8Bessments against
property made by this Resolution and not
collectable pursuant to Paragrapha 5 and 6
ofthis Resoluti6n shall be defend pursuant
to msessment policies of the'city modified
88 follows:
graph shsll enil upn any !&being made of
A. The 'deferral referred to in this pars-
any portion of the property in question (use
BpeaIi$dIy including land division) end the
respansibilityforpaymentoftheasaeasment
Shall apply to all of the prOpeity mbject io the deferral. 8. That aU defed asseasmenti ahall
bear intereat at the rate of 8% +er annum on
the unpaid balance Fmm the fir& November
?.
- .,