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CCR1991206AMENDED COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #206-91 FINAL RESOLUTION AUTHORIZING INSTALLATION OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY OF SANITARY SEWER IMPROVEMENTS AND LEVYING (Valley View Heights Sewer Project MSS-1-91) (Assessment District "SD") WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a public hearing at the City Hall at 7:OO PM on the 22nd day of August, 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 for Project MSS-1-91 Assessment District "SD" See Attached Legal Description and Map NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Muskego as follows: 0 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. 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. 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 on the modified and amended report: assessment changes those policies as follows as reflected Resolution #206-91 Page 2 6. 7. 8. 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 7 of this Resolution. stated in assessment policies of the City as modified 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 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. 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) deferra . shall apply to all of the property subject to the That all de&yrred assessments shall bear interest at the rate of 8% pe annum on the unpaid balance from the first November 1st after 7 the date of this Resolution and until payment in fulhi When the deferral of an assessment ends, the first November 1st after the end of the deferral unless said assessment shall be paid in cash in full on or before the City, at is sole option, negotiates with a property owner having an assessment come due an agreement by which 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 + Resolution #206-91 Page 3 9. 10. such 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 whose name appears on the assessment roll whose post office against the benefited property to every property owner address is known or can with reasonable diligence be ascertained. DATED THIS 22ND DAY OF AUGUST , 1991. SPONSORED BY: Mayor Wayne G. Salentine This is to certify that this is a true and accurate copy of Resolution #206-91 which was adopted by the COINnOn Council Of the City of Muskego. 8/91cac Published September 12, 1991 - . L ,.- v Sanitary Sewer and Water Improvement Assessment Area - All that part of the Southeast one quarter of the Southeast one quarter of Section 7 North, Range 20 East, City of Muakego, Waukeaha County, Wisconsin, more fully and the Northeast one quarter of the Northeast one quarter of Section 18, Town 5 described as follows: All thoae properties abutting the right-of-way of Gaffney Drive, Pasadena Drive and Monterey Drive and also Tax Key number 2229.978. - i 4 n 9 P- P n 8 0 N '* m '0 I 0 0 a I I STATE OF WISCONSIN ) Milwaukee Counly ) ) ss. .... I (SEAL) Judith Ziotkov~dsfri being duly sworn, dolh depose and say lhal he is an authorized representalive of The.. . )Iuskc#o.S1111.. .................... a newspaper published al ... Mtlskegg. .............. Wisconsin and that an adverlisemenl of which the annexed is a twe copy, taken from said palm, was published therein on ........................ ........................... . .:. .... .SEP. Lii.1991.. ..... ......................... ...................... ...... (Signed). BOOKKEEPER, Subscribed and sworn to before. me this .... MY Commission expirey ...... .APRIL 31.. 19 33. . Official Notice ClTY ol%llJ=co COMMON COUNCIL - AMENDED CITY OF MUSKEG0 (Valley View Heights (Assessment District 'SD") Sewer Project MSS-1-91) City of Muskego. Wisconsin. held a public WHEREAS, the Common Council of the hearing at the City Hell at 7:OO PM on the 22nd day of August. 1991, for the purpose of the Preliminary Resolution and Report of hearing all interested persons concerning 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 st the hearing: Sanitary Sewer Assessment Area Assessment District 'SD" for Project MSS-1-91 See Attached Legal Deaeription and Map (See Below) 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, including &ns 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 report and any amendments or modifications thereto of the City Engineer. made by assessing the cost to the pmperty 3. That payment for the improvements be benefited as indicated in the report and any amendments or modifications thereto. and any amendments or modifications 4. That assessment.? shown on the report thereto, representing an exercise of the police power, have been determined on a reasonable bnsis end are hereby confirmed. 5. The assaZsments shown on the report and the modifications thereto conform with 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 asseament policies in order to improve the same for the benefit of those being assessed and the City. The City has not completed ita review to the degree necessary to attempt to change ita policies. However, the City as to this aseaaament changes those policies as follows as reflected on the modified and amended report: responsible for the payment of the assess- 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 less, plus the cost of all laterals; and E. That the remainder of said assessments are deferred a6 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 or in ten (10) annual installments of in cash in fullon orbeforeNovember I, 1991 principal together with twelve (12) months interest per installment to the City Treasur- er. installment payments to bear interest et the rate of 8% per annum on the unpaid balance commencing an November 1, 1991 and said first installment being due an the date when real estate taxes are due and thereor. MI 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 pmc-dings in relation to the collection, rsturn and sale of property for delinquent assessment. except as otherwise provided by real estate tues shall apply to such special statute. 7. That portion ofthe assessment6 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 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 far payment ofthe 888essment shall apply to all of the pmperty subject to the deferral. bear interest et the rate dB% per annum on 8. That all deferred assessments shall the unpaid balance fmm the first November 1st der the date ofthis 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 afler the end of the deferral unless the City, at its de option, negotiates with a property owner having an assessment come due an agreement by which the assessment or a portion thereof may he further deferred when the Common Council be just and equitable under the particular determines that additional deferrals would circumstances. All assessment8 or install- mente which are not paid by the date specified shall be extended upon the tax roll as a delinquent tax against the property and return and sale of property far delinquent all proceedings in relation to the collection. real estate taxes shall apply to such special assessment, except as otherwise provided by statute. may be reviewed every five (5) yeam, 9. Interest rates on deferred assessments 10. That the City Clerk shall publish this Resolution as a Clase 1 Notice in the assessment district and mail a copy of this 'Resolution and a statement of the final assessment againet the benefited property to every property owner whose name appears on the assessment mll whose post ofice address is known or can with reason- able diligence be ascertained. 1991. DATED THIS 22ND DAY OF AUGUST, SPONSORED BY Mayor Wayne G. Salentine accurate copy of Resolution # 206-91 which This is to certify that thin is a tme and was adopted by the Common Council of the City of Muskego. IdJean K. Marenda City Clerk Published September 12,1991 m1cac