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CCR1991207AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #207-91 FINAL RESOLUTION AUTHORIZING INSTALLATION OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY OF WATER IMPROVEMENTS AND LEVYING (Valley View Heights Water Project MW-14-91) (Assessment District "WM") WHEREAS, the Common Council of the City of Muskego, Wisconsin, day of August, 1991, for the purpose of hearing all interested held a public hearing at the City Hall at 7:OO PM on the 22nd persons concerning the Preliminary Resolution and Report of the City Engineer on the proposed water improvement within the area described below and shown on the attached map and heard all persons to speak at the hearing: Water Improvement Assessment Area for Project Mw-14-91 Assessment District "WM" 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 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 on the modified and amended report: assessment changes those policies as follows as reflected Resolution #207-91 Page 2 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 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 be extended upon the tax roll as a delinquent tax against installments which are not paid by the date specified shall collection, return and sale of property for delinquent real the property and all proceedings in relation to the estate taxes shall apply to such special assessment, except as otherwise provided by statute. 0 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 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 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 e Resolution #207-91 Page 3 by statute. such special assessment, except as otherwise provided 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 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 #207-91 which was adopted by the Common Council of the City of Muskego. 8/91cac Published September 12, 1991 - STATE OF WISCONSIN 1 Milwaukee Counly ) 1 ss. (SEAL) being duly sworn. doth depose and say lhal he is an authorized representative 01 The.. . Nrtskcgo Su11.. ................ a newspaper published al ... l'lrw.kegp. ............ Wisconsin and that an advertisement of which the annexed is a true copy, taken from said palm. was published therein on ........................ ........................... . ........................ ........ -WL? 1991.. ... ..................... (Signed). BOOKKEEPER. Subscribed and sworn lo belore.me this .... j.2. ... day -4 ... My Commission expires: ...... .APRIL 3 1 .. 19 .93 .. Official Notice CITY or hrn'SbEG0 COMMON COUNCIL. AMENDED CITY OF MUSKEGO RESOLUTION # 207-91 FINAL RESOLUTION AUTHORIZING INSTALLATION OF WATER LVPROVE- MENTS AND LEVYING OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY ~~~ ~ (Valley View Heights Water Project Mw-14-91) WHEREAS, the Common Council of the (Assessment District WM") hearing at the City Hall at 7:OO PM on the City of Muskego. Wisconsin, held a public 22nd day of August, 1991, for the purpose of hearing all interested persons concerning the Preliminary Resolution and Report of the City Engineer an the proposed water improvement within the area described below and ahow on the attached map snd heard ell persons to speak st the hearing: Water Improvement haessment Area for Project MW-14-91 See Attached Legal Description and Map Assessment District WM" (Below) NOW, THEREFORE, BE IT RESOLVED Muskego 8.8 follows: by the Common Council of the City of 1.ThatthereportoftheCityE~ngineerand any^ amendments. or modjficatip? @eretq pertaining to the construction of the &?e- described public improvements, including plans and specifications therefore ia addpted l and approved. . ... . . 2. That the City of Muskego has or.?hall I advertise for bids and shall carry out the jmprovemants in accordance with ihe m&rt thereto of the City Engineer. and any amendments or modifications 3. That payment for the irnprovemen'te be made by asseasing the cost to the property benefited a8 indicated in the report and any amendments or modifications thereto. 4. That assessmente 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 hemby confirmed. 5. The asnessments shown on the report and the .modifications thereto conform with existence to the ertnnt not modified by this the policits of the City of Muskego now in Resolution. The city is now reviewing certain of ita prior aeeessment policies in with a property owner having an amesament assessment or a portion thereof may be come due an agreement by which the further deferred when the Common Council determines that additional deferrals would circumstances. All mseeamenta or install- be just and equitable under the particular specified shall be extended upon the tax roll menta which are not paid by the date all proceedings in relation to the collection, as a delinquent tax against the pmperty and return and sale of property for delinquent real estate taxes ehall apply to such special assessment. except as otherwise provided by statute. 9. Interest rates on deferred asmssmenta may be reviewed every five (5) ye-. 10. That the City Clerk shall publish thie Resolution as a Class 1 Notice in the amewment district and mail a copy of this Resolution and a statement of the final to every property owner whose name assessment against the benefited property offtce address is known or can with reeson- appears on the assessment roll whose post able diligence be ascertained. DATED THIS 22ND DAY OF AUGUST, '991. SPONSORED BY This is to certify that this is a true and Mayor Wayne G. Salentine accurate copy of Resolution # 207-91 which City ofMuskego. was adopted by the rommpn Council of the ldJean K. Marenda order to improve thesam&w the benefit of W91CaC City Clerk those being assessed and the City. The City Published Ceptember 12, 1991 has not completed its review to the degree , However, the Cily as to this assessment necessary to attempt to change its policies. on the modified and amended report: changes those policies as follows as reflected A. That each parcel being assessed is responsible for the payment of the assess- of this Resolution to the extent of 150 front rnent in the manner set forth in Paragraph 6 feet or the number of fmnt feet of the parcel, whichever, is less, plus the cast of all laterals; and are deferred as stated in assessment policies B. That the remainder of said asseesments of the City es modified by Paragraph 7 of this Resolution. Paragraph 5 of this Resolution may be paid 6. That the assessments due pursuant to 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 Treaaur- er, installment payments to bear interest at the rate of 8% per annum on the unpaid 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 install- manta which are not paid by the date specified shall be extended upon the tax roll 88 a delinquent tax egainst the property and all proceedings in relation to the collection, return and sale of property for delinquent ass&&"<. CGFipt 8s othe-se pmA8d by real estate tiies shall apply to such s dal statute. progerty made by this Resolution .id no$ 7. That portion of the asaessment.s against eolleaable pursuant to Paragraphs 5 and 6. of this Resolution shall be +eferr?d eursuqnt to assessment oolicies of the City modified as followe: A. The Cefeik referred to'in ,this para- maph shall end upon any we beinlr made bf " any portion of the prop& in queition (use specifically including land division) and the responsibility for payment of the assessment shall apply to all of the pmperty subject to the~deferral. bear interest at the rats of 8% per annum on 8. That all deferred BBBeaamenta sM the unpaid balance fmm the firat November 1st after the date of this Resolution and until payment in full. When the deferral of an amessment ends. said assessment shall be paid in ash in full on or before the first unless the City, at ita Bale option, negotiates November 1st aRer the end of the deferral 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 Muskego, Waukesha county, Wisconsin, more fully and the Northeast one quarter of the Northeast one quarter of Section 18, Town 5 described as followe: All those properties abutting the right-of-way of Gaffney Drive, Pasadena Drive and Monterey Drive and also Tax Key number 2229.978. - I m I