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CCR1992268AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUT'I€JN #268-92 FINAL RESOLUTION AUTHORIZING INSTALLATION OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY OF WATER IMPROVEMENTS AND LEVYING (Valley Drive/Lions Park Water Project MW-15-92) (Assessment District "WN") WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a public hearing at the City Hall at 7:20 PM on the 13th day of October, 1992, for the purpose of hearing all interested 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-15-92 Assessment District "WN" All that part of the Southeast one quarter of the Southwest one quarter of Section 9, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin more fully described as follows: All those properties abutting Valley Drive from 220 feet South of Ann Drive to Valley Drive (also known as Lions Park Drive Extended) and those properties abutting Valley Drive (also known as Lions Park Drive Extended) from Pioneer Drive to Valley Drive, Kristen Drive. also those properties abutting Pioneer Drive from Valley Drive to 450 feet North of 0 Also See Attached Map. 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 report and any amendments or modifications thereto of the City Engineer. 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 and are hereby confirmed. police power, have been determined on a reasonable basis Resolution #268-92 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 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, except for Parcel #2195.953 which makes use of 200' of its 253' front footage so payment of the 200' is as set forth in Paragraph 6 of this Resolution, plus the cost of all laterals. 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 6. That the assessments due pursuant to Paragraph 5 of this Resolution may be paid in cash in full on or before November 1, 1993 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 I, 1993 and said first installment being due on the date when real estate taxes are due and annually thereof. 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 such special assessment, except as otherwise provided by statute. i I 7. 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 0 A. The deferral referred to in this paragraph 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. Resolution #268-92 Page 3 8.. That all deferred assessments shall bear interest at the rate of 8% per annum on the unpaid balance from the first November 1, 1993 until payment in full. When the deferral of an assessment ends, said assessment shall be paid in end of the deferral unless the City, at its sole option, cash in full on or before the first November 1st after the negotiates with a property owner having an assessment come due an agreement by which the assessment or a portion determines that additional deferrals would be just and thereof may be further deferred when the Common Council equitable under the particular circumstances. All assessments or installments which are not paid by the date delinquent tax against the property and all proceedings in specified shall be extended upon the tax roll as a delinquent real estate taxes shall apply to such special relation to the collection, return and sale of property for 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 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 27TH DAY OF OCTOBER , 1992. SPONSORED BY: Mayor Wayne G. Salentine This is to certify that this is a true and accurate copy of Resolution #268-92 which was adopted by the Common Council of the City of Muskego. Ruekert I Melke October 13,1992 LEGAL DESCRIPTION For: City of Muskego Watermain Assessment District "WN" AU that part of the Southeast one uarter of the Southwest one quarter of Section 9, Town 5 North, Range 20 East, 8 ~ty of Muskego, Waukesha County, Wisconsin more fully described as follows: All those properties abutting Valley Drive from 220 feet South of Ann Drive to Valley Drive (also known as Lions Park Drive Extended) and those properties abutting Valley Drive (also hown as Lions Park Drive Extended) from Pioneer Drive to Valley Drive, also those properties abutting Pioneer Drive from Valley Drive to 450 feet North of Kristen Drive. Richard A. Eberhardt I ASSESMENT DISTRICT “WNT PROJECT MW - 15 - 92 0 N P STATE OF WISCONSIN 1 Milwaukee Counly ) ) ss. (SEAL) being duly sworn, dolhdepose and say lhal he-is-an aulhorized represenlalive of The .. N.tlsltcgU SUN.. ...... ....... a newspaper published al ... Plteikeso. ............. Wisconsin and that an advertisemenl of which Ihe annexed is a he copy, laken from said palm, was published lherein on ...................... ..................... " /r/J/ C-T %/?A ..... ....... ........................ ....................... BOOKKEEPER. Subscribed and sworn lo ... day of .................... My Commission expirey .... .APRIL 3 3. . 19~33 . CrrY OF MUSKEG0 Official Notice -- this Resolution shall be deferred pursuant to leeteble pursuant to Paragraph 6 and 6 of '- aase8sment polidee of the Citv modified follawva: AMENDED COMMON COUNCIL A. The deferral referred b in this para. FINAL RESOLUTION AUTHORIZING any portion of the property in question (use RESOLUTION Y268-92 graph hall end upon any use being made of MENTS AND LEVYING OF SPECIAL AS- responsibility for payment of the assessment INSTALLATION OF WATER IMPROVE- specifically including land division) and the PROPERTY(Val1ey DrivdLions Park Water deferral. SESSMENTS AGAINST BENEFITED shaUapplytoalloftheprapertysubjecttothe ~ ~ ~ "" Pmjeot MW-15-92) (Assessment Diatrict W") WHEREAS, the Common Council of the hearing at the City Hall at 7:20 PM on the City of Musltego. Wisconsin, held B public hearingall intereatedpersonseancerning the 13th day of October. 1992, for the purpose of Preliminary Resolution and Report of the City Engineer on the proposed water im- provement within the area described below and shown on the attached map and heard all persons to speak at the hearing: ProjectMW-15-92AssessmentDistriet'WN" Water Improvement Assessment kea for of the Southwest one quarter of Section 9, All that part aC the Southeast one quarter Town 5 North. Range 20 East, City of Mu- skego, Waukesha County. Wisconsin mare fully described a8 follows: All those properties abutting Valley Drive from 220 feet South of Ann Drive to Valley tended) and those properties abutting Valley Drive (also known aa Lions Park Drive Ex- Drive (also known as Lions Park Drive Ex- tended) from Pioneer Drive to Valley Drive. also those properties abutting Pioneer Drive fromValleyDriveto450feetNorthofKrietsn nriv. Also See Attached Map. by the Common Council of the City of Mu- NOW, THEREFORE, BE IT RESOLVED interest at the rate af8% per annum on the 8. That all deferred assessments shall bear unpaid balance from the first November 1, 1993untilpa~entinfull.Whenthedpferral ofan srsessmentends, saidaasessmentshdl he paid in cash in full on or before the first November letsfter the endafthedeferral un- less the City. at its sole option, negotiates with a property owner having an assessment come due an agreement by which the asses8- merit or a portion thereof may be further de- ferred when the Common Council detemtnes equitable under the particular eircum. that additional defemals would be just and stances. All sssessments or installments which are not paid hy the date specified shdl be extended upon the tax roll as a delinquent tax against the prnperty and all proeeedinv in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special assessment, a- cept a8 otherwise provided hy statute. may be reviewed every five (5) years. 9. Interest rates on deferred assessments 10. That the City Clerk shall publish this Resolution as a Class 1 Notice in the BSS~SB- tion and a statement of the final assessment ment district and mail a copy of this Resolu. against the benefited praperty to every prop. erty owner whose name appears on the a3- aesement roll whose DOSt onice address is skego as follows: known or can with remanable diligence be pertaining to the construction of the above- 1992. sny amendments or modifications thereto DATED THIS 27~~ DAY OF OCTOBER, described public improvements, including plans and specifications therefore is adopted Mayor Wayne G. Salentine SPONSORED BY: and approved~ This is to certify that this is B true and ac- 2.ThattheCityofMuskegohasarshallad- euratecopyofResalution'268-92which WBB vertiss for bids and shall carry out the im- adoptedbytheCammonCounnloftheCityaf provements in accordance with the report Muskega. and any amendments or modifications in ac- eordsnce with the City Engineer. IdJean K Marenda City Clerk made by assessing the cost to the P'DPertY IlJSTALLMENTASSESSMENTNOTICE benefited as indicated in the report and any Valley DrivdLions Park Water Project pro- amendments OT modifications thereto. 4. That asaessmants ehown on the report NOTICE is hereby given that contracts ject MW-15-92; Assessment District "WN" and any amendments or modifications have been let for Aasesement District WN" thereto, representing an exercise ofthe police for the Valley !Jrive/Lions Perk Water Project basi.a and are hereby confirmed. power,haveheendeterminedonereaaoaable MW-15-92,andthattheamountoftheapacial 5. The aasesaments shown on the report to ea& parcel of real estate dfected thereby assessmenttherefore has beendetermined aa and the modifications thereto conform with sndastatementoftheaameiaonfilewiththe the policies ofthe City ofMuskego now in ex- City Clerk; it ia proposed to collect that aame isten== to the extent not modified by this Re- in ten (10) inatallrnenta. as pmvided by Sec- aolu~ion. The City is now reviewing certain of tion 66.54 of the Wisconsin Statutes. with in- the for the benefit of those being that all assessment8 will be collected in in- its pfior a8seBsment policies in order to im- terest thereon ateightpercent (8%)peryear; assessed and the City. The City ha. not cam- staliments BB above provided except such as- pieted its review to the degree necessary to seasmentsonpropertywharstheownerofthe attempt to hRnge its po~ide~. However, the mme nhall fie with the City Clerk within 30 cityastcthi~~sessmentchanges thosepoli. days from date ofthis Notice a written notice vies as fol)ows on the modified that he elects to pay ths spcial assessment end amended report: A. That eseh being assessed is re- City Treasurer on DT before November 1. an his property, describing lhe same, to the inthemennersetfarthinparagraph60fthis ertyownerfailsmmake thepayment to the sponsible far the the assessment 1993. Ifafter makingsuch election, said prop- ~e~,,l,,ti,,,, to the extent of 150 front feet or City Treasurer, the City Clerk shall place the the number of fmnt feet of the parcel, whi- entire sseessment on the next succeeding tax =hever is less, plus the of all laterals. ex- roll. Any deferred portion af any assessment cept for parcel ~195.963 which makes use of is not affected by this Notice. zO(y ofits 253' front fmtage so payment afthe DATED THIS 16TH DAY OF N0"F.M- 2o(y is set forth in Paragraph 6 of this Re- BER 1992. solution, the cost of all laterals. CITY OF MUSKEGO are deferred as etated in assessment policies B. mat the remainder ofsaid asse8smel)k Jean K. Marenda, CMC ofthe city asmodified by Paragraph 7 ofthis City Clerk Resolution. paragraph 5 of this Resolution may he pad In 6. That the aBsesaments due pursuant in full an or before November 1,1993 Or in ten (10) annual installments of principal togetherwith tweh (12) month intereat per installment to the City Treasurer, install- ment to bear interest at the rate of 8% por annum on the unpaid balanm am- installment being due on the date when real mendning on November 1.1993 and mid estate tares due and annuab' thereor All assesBment8 or installments which -e not paid by the date specified shall be extended upon the tar as a delinquent tax against ~epr~pert~~d~~~pr~~ngainrelationto the ao~~ection. return and ede ofprw=*y for . .. 1.ThstthereportoftheCityEngineerand ascertained. 3. That payment for the improvements be 10/92jmh delinquent real estate taxes dd apply to mch asseamnent, except othehae