CCR1991199COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #199-91
AMENDED 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")
WHEREAS, the Common Council of the City of Muskego, Wisconsin,
day of March, 1991, for the purpose of hearing all interested
held a public hearing at the City Hall at 7:15 PM on the 11th
City Engineer on the proposed sanitary sewer improvement within
persons concerning the Preliminary Resolution and Report of the
the area described below and shown on the attached map and heard
all persons to speak at the hearing:
Hillendale North of Highway L Water Project
Water Assessment Area
for Project MW-12-90
Assessment District "WK"
See Attached Legal Description and Map
WHEREAS, a final assessment resolution concerninq this matter -
0 was adopted on March 26, 1991, and
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
Waiver of Special Assessment Notices and Hearings.
request of owners of said properties all of whom have executed a
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
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.
Resolution #199-91 Page 2
0 5.
6.
I.
8. e
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
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
by Paragraph I of this Resolution.
stated in assessment policies of the City as modified
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 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
estate taxes shall apply to such special assessment, except
as otherwise provided by statute.
That portion of the assessments against property made by
this Resolution and not collectable pursuant to Paragraphs
assessment policies of the City modified as follows:
5 and 6 of this Resolution shall be deferred pursuant to
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
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 #199-91 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
delinquent real estate taxes shall apply to such
the collection, return and sale of property for
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.
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 #199-91 which was adopted by the Common Council of
the City of Muskego.
8/91cac Publlshed August 22, 1991 v.
\ ASSESSMENT DISTRICT WK ---
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All that par: of the Saucheasc one-qaart?r of Seczion 7, ?ie : Southwest one-quzrcsr of Seccion 8, and :he Northeas: one- , quarzer of Sec:ioa 18, Town 5 Norrrh, Range 20 East, !Zit11 of - Yuske:o, ..,~kzsha Counry, Wisconsin, mor? fully described as -
follows:
Drive frm 1,500 ferc Forth a? Janesville Xoad. CTH "L", >-11 those prc~erties abut:ing the right-of-way of 'tiillendale
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STATE OF WISCONSIN )
Milwaukee Counly )
) ss.
(SEAL)
Judith Ziolkowski being duly sworn,
dolh depose and say lhal he is an aulhorized represenlalive 01
The. . ELtrskcgo .SUII.. ......................
a newspaper published a1 ... Mrmkcgv ...............
Wisconsin and lhal an adverlisemenl of which Ihe annexed is a
hue copy, laken from said palw. was published lherein on *i
...........................
.......... ............ AM 2 2'1991 ...........................
...........................
.........................
......
(Signed).
BOOKKEEPER.
Official Notice
CITY OF MUSKEG0
COMMON COUNCIL
RESOLWION X 199-91
UTHORIZING INSTALLATION OF
AMENDED FINAL RESOLUTION
F SPECIAL ASSESSMENTS AGAINST
ATER WPROVEMENTS AND LEV\TJS
ENEFITED PROPERTY (Hillendale
orth of Highway L Water Project hW-12-
90)
(Assessment District 'UIK")
WHEREAS, the Common Council of the
ity of Muskego, Wisconsin, held a public
caring et the City Hall at 7:15 PM on the
Lth day of March. 1991, for the purpose of
earing all interested persons concerning
le preliminary Resolution and Report of
,e City Engineer an the proposed sanitary
?wer improvement within the area
escribed below and shown on the attached
lap and heard all persons to speak at the
earing:
Hillendale North of Highway L
Water Project
Water Assessment Area
Assessment District 'WK"
far Project MW-12-90
See Attached Legal Deacription and Map
WHEREAS, a final assessment resolution
mcerning this matter was adapted on
larch 26. 1991 and
ssesment roll "re necessary to lower
WHEREAS, nwv certain changes in the
ertsin assessments because of wrrenions
o said roll and to mise certain awessments
,uniuant to the request of owners of said
laiver of Special Assessment Notices and raperties all of whom have executed a
Hearings.
by the Common Council of the City of NOW, THEREFORE, BE IT RESOLVED
Muskego a6 follows:
any amendments or modifications thereto
1. That the report of the City Engineer and
pertaining to the construction of the above-
described public improvementa, including
plans and specifications therefore is adopted
and approved.
advertise for bids and shall ea- out the
2. That the City of Muskego has or shall
improvements in accordance with the report
and any amendments or modifications
thereto of the City Engineer.
made by assessing the cost to the pmperty
3. That Payment for the impmvementa be
benefited as indicated in the report and any
amendments or modifications thereto.
and any amendments or modifications
4. That assessments shorn on the repert
thereto. representing an exercise of the
Police power. have been determined on a
reasonable basis and are hereby wnfimed.
and the modifications thereto conform with
5. The assessments shown on the report
existence to the extent not modified by this
the policies of the City of Muskego now in
Resolution. The City is now reviewing
certain of its prior assessment policies in
order to improve the same for the benefit of
those being aasessed and the City. The City
has not completed its review to the degree
necessary to attempt to change ita policies.
changes those policies as follows as reflected
However, the City as to this assessment
on the modified and amended report:
responsible far the payment of the amess-
A. That each parcel being asseeeed is
ment in the manner set forth in Paragraph 6
of this Resolution to the extent of 150 fmnt
feet or the number of fmnt feet of the pareel,
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 I of
this Resolution.
6. That the assessments due pursuant to
Paragraph 5 of this Resolution may be paid
or in ten (IO) annual installments of
in cash in full an or before November 1,1991
principal together with twleve (12) months
interest per installment to the City Trea-
surer. installment payments to bear interest
at the rate of 8% per annum on the unpaid
balance wmmeneing on November 1, 1991
and said first installment being due on the
date when real estate taxes are due and
annually thereof. All amessments or instell-
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.
real estate taxes shall apply to such special
return and sale of property for delinquent
asseesment. except as ctherwiae provided by
statute.
7. That portion ofthe asmssmentB againat
property made by this Resolution and not
collectable pursuant to Paragraphs 5 and 6
of this Resolution shall-be deferred pursuant
to assessment poiicies or the City modified
as follows:
A. The deferral referred to in this para-
graph shall end upon any use being made of
any portion of the property in question (use
specifically including land division) and the
responsibility for payment of the assessment
shall apply to all of the property subject to
the deferral.
bear interest at the rate of 8% per annum on
8. That all deferred assessmentn shall
the unpaid balance from the first November
1st after the date ofthis Resolution and until
payment in full. When the deferral of an
paid in cash in full on or before the'first
assessment ends, said assessment shall be
November 1st aRer the end of the deferral
unless the City, at is sole option, negotiates
with B property owner having an aesessment
come due an agreement by which the
assessment or a portion thereof may be
further deferred when the Common Council
determines chat additional deferrals would
be just and equitable under the particular
circumstances. All assessments or install-
ments which are not paid by the date
a8 B delinquent tax against the property and
specified shall be extended upon the tax roll
all proceedings in relation to the collection.
return. and sale of property for delinquent
assessment, except a8 otherwise provided by
real estate taxes shall apply to such special
statute.
may be reviewed every five (5) years.
9. Interest rates on deferred ansesments
Resolution as a Class 1 Notice in the
10. That the City Clerk shall publish thin
assessment district and mail a copy of this
Resolution and a statement of the final
~ ~ ~~~ -~~-
(confmu~ qmrn pscedlng -1
amesment Bgsinet the benefited property
appears on the asses6ment roll whase post
to every property .owner whose name
able diligence be ascertsined.
office address is known or can with reason-
DATED THIS 13TH DAY OF AUGUST,
1991.
SPONSORED BY:
Mayor Wayne G. Salentine
This is to certify that this is a true and
accurate mpy of Resolution # 199-91 which
was adopted by the Common Council of the
City of Muskego.
ld Jean K. Marenda
City Clerk
Published August 22. 1991 8/91cac