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CCR1991201COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #201-91 AMENDED 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 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 the area described below and shown on the attached map and heard all persons to speak at the hearing: Woods Road South Water Project Water Assessment Area for Project MW-11-90 Assessment District "WJ" See Attached Legal Description and Map WHEREAS, a final assessment resolution concerning this matter 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 t201-91 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 I 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 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. 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 #201-91 Page 3 9. 10. owner having an assessment come due an agreement by the City, at is sole option, negotiates with a property which the assessment or a portion thereof may be 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. every five (5) years. Interest rates on deferred assessments may be reviewed 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. e 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 #201-91 which was adopted by the Common Council of the City of Muskego. 8/91cac Published August 22, 1991 1 . L ASSESSMENT DISTRICT WJ \ 1 X11 that part of the Southwest one-quarter of Section 17, Town 5 North, Xange 20 East, City of Huskego, liaakesha County, / Wisconsin, mor? fully described as follows: ,/- All those propzrzies abutting the right-of-xay of Woods Road from JanesvF112 Xoad, CTH "L" to 2,000 fe?: Sauti of Janesville Road. I // w a a 3 cl 0 a 0 STATE OF WISCONSIN ) Milwaukee Counly ) ) ss. (SEAL) Judith Ziolkowshi being duly sworn, dothdepose and say lhal he~isan aulhorized represenlalive 01 a newspaper published at .. NtcskegQ. .............. Wisconsin and lhal an adverlisemenl of which Ihe annexed is a true copy, laken lrom said paw, was published lherein on The.. . ELflsircgu .SIIII.. ................... ...................... ........................... Auk L a 1991 ......................... .......................... ........................ (Signed). BOOKKEEPER, CITY OF MUSEEGO Off ieial Motice RESOLUTION # 201.91 COMMON COUNCIL AUTHORIZING INSTALLATION OF AMENDED FINAL RESOLUTION WATER IMPROVEMENTS AND LEVY~IG OF SPECIAL ASSESSMENTS AGAMST BENEFITED PROPERTY (Woods Road South Water Project Mw-11-90] (Assessment District WJ") City of Muskego. Wisconsin, held B public WHEREAS, the Common Council of the hearing at the City Hall at 7:15 PM on the 12th day of March, 1991, for the pu-e of hearing all interested persons concerning the Preliminary Resolution and Report of the City Engineer on the proposed sanitaay sewer improvement within the area described below and shorn on the attached map and heard all persona to spd at the hearing: Woods Road South Water Project Water kssment Area Anseesment Dintrict WJ" See Attached Legal for Project Mw-11-90 WHEREAS. a final assessment resolution Description and Map concerning ths mattar was adopted on March 26, 1991, and WHEREAS, now certain changes in the stain assessments because of corrections :sessment roll am necessary to lower to said roll and to raise certain assessment4 qurauant to the request of owners of said owrties all of whom have executed a ./a& of Speciai Assessment Notices and Hearines. NO< THEREFORE, BE IT RESOLVED by the Common Council of the City of Muskego a8 follows: 1. That the report of the City Engineer and any amendments or modifications thereto described public improvements. including pertaining to the construction of the above- and approved. plans and specifications therefore is adopted 2. That the City of Muskego has or shall advertine 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 improvements be benefited BB indicated in the report and any made by assessing the cost to the property amendments or modifications thereto. and any amendments or modifications 4. That asseaamenta shown on the report thereto, representing an exercim of the reasonable basis and are hereby confirmed. police power, have been determined on a 5. The assessments shown on the report the policies of the City of Mukego now in and the modifications them conform with existence to the extent not modified by this Resolution. The City is now reviewing certain of ita prior assessment policies in order to improve the same for the benefit of thase being amesaed and the City. The City has not completed its renew to the degree necessary to attempt to change its policies. However, the City as to this assessment -hanges thoae policies as follow8 as reflected n the modified and amended report: A. That each parcel being aseessed is ment in the manner set forth in Paragraph 6 asponsible for the payment of the assess- Of this Resolution to the extent of 150 front feet or the number of front feet of the p-I, whichever is less. plus the cost of all laterals; and B. That the remainder ofsaid assessments are deferred as stated in assessment policies this Resolution. of the City as modified by Paragraph 7 of 6. That the assessmenta due pursuant to Paragraph 5 of this Resolution may be paid in cash in full on or before November 1.1991 or in ten (IO) annual installments of interest per installment to the City %a- principal together with twelve (12) months surer, installment payments to bear interest at the rate of 8% per annum on the unpaid balance commencing on November 1, 1991 end said Rwt installment being due on the date when real estate taxes are due and annually thereof. All assessments or install- ments which am not paid by the date specified shall be extended upon the tax roll as adelinquent 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. property made by this Resolution and not 7. That portion of the msessments against collectable pursuant to Paragraphs 5 and 6 ofthis Resolution shall he deferred pursuant 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 pars- any portion of the property in question (use specifically including land division1 and the responsibility for payment ofthe assessment shall apply to all of the property subject to the deferral. bear interest at the rate of8% per annum on 8. That all deferred assessments shall the unpaid balance from the first November 1st &r 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 the City, at ita sole option. negotiates with a property owner having an assessment come due an agreement by which the 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 inatall- ments which are not paid by the date specified shall be extended upon the tax roll as a delinquent tax against the property and a11 proceedings in relation to the collection. return and sale of properly for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute. 9. Interest rates on deferred assessmenta may be reviewed every five (51 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 Tbsolution 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 reason- able diligence be ascertained. DATED THIS 13TH DAY OF AUGUST, 1991. SPONSORED BY Mayor Wayne G. Salentlne This is to certify that this ie a true and accurate copy of Resolution # 201.91 which City of Muskego. was adopted by the Common Council of the /d Jean K. Marenda City Clerk 8/91cac ASSESSMENT DISTRICT SC All that part of the Southwest one-quarter of Section 17, Town 5 North, Range 20 East. City of Muskego, Waukesha County. Wis- consin, more fully described as follows: All those pmperties abutting the right-of- way of Woods Road from Jsnesville Road. CTH "I," to 1.750 feet south of Janesville Road.