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ORDINANCE NO. 03-2009
ORDINANCE TO REPEAL AND RECREATE SECTION 13.05(2) OF THE
MUNICIPAL CODE (WASTEWATER TREATMENT IMPACT FEE)
THE VILLAGE BOARD OF THE VILLAGE OF NEWBURG, OZAUKEE AND WASHINGTON
COUNTIES, WISCONSIN, DO ORDAIN AS FOLLOWS:
Section 1. That Section 13.05(2) of the Municipal Code of the
Village of Newburg, be, and hereby is repealed and recreated as follows:
13.05 WASTEWATER TREATMENT IMPACT FEE.
(2) IMPOSED. Pursuant to §66.0617,
Wis. Stats., a Wastewater Treatment Plan
impact fee per residential unit
equivalent for residential, commercial,
industrial and industrial development is
hereby imposed on developers. The fee
shall be in the amount set forth in
Exhibit B of Village of Newburg
Wastewater Treatment Plant Needs
Assessment, (which is incorporated here
at by reference), except the impact fee
for an efficiency or one-bedroom
apartment shall be $1,750.
Section 2. Severability. The several sections of this
Ordinance are declared to be severable. If any section or portion
thereof shall be declared by a court of competent jurisdiction to be
invalid, unlawful or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the
decision, and shall not affect the validity of any other provisions,
sections or portions thereof of the Ordinance. The remainder of the
Ordinance shall remain in full force and effect. Any other Ordinances
whose terms are in conflict with the provisions of this Ordinance are
hereby repealed as to those terms that conflict.
Section 3. This Ordinance shall take effect immediately upon
passage and posting or publication as provided by law.
Passed and adopted by the Village of Newburg, Ozaukee and Washington
counties, Wisconsin, this day of June, 2009.
Mike Heili,
President
ATTEST:
Bill Cording, Clerk
Table of Contents
ORDINANCE NO. 02-2009
ORDINANCE TO REPEAL AND RECREATE SECTION 13.01(1) OF THE
MUNICIPAL CODE (SEWERAGE SYSTEM USER RATES)
THE VILLAGE BOARD OF THE VILLAGE OF NEWBURG, OZAUKEE AND WASHINGTON
COUNTIES, WISCONSIN, DO ORDAIN AS FOLLOWS:
Section 1. That Section 13.01(1) of the Municipal Code of the
Village of Newburg, be, and hereby is repealed and recreated as follows:
13.01 SEWERAGE SYSTEM USER RATES
(1) SEWER SERVICE CHARGES. Sewer
service charges shall be on the basis of
estimated water use of the average
residence and is designated residential
equivalent use (REU). The sewer service
charge shall be based on the number of
REU’s designated for each classification
of users. The sewer service charged for
each REU is $50.00 per month.
Section 2. Severability. The several sections of this
Ordinance are declared to be severable. If any section or portion
thereof shall be declared by a court of competent jurisdiction to be
invalid, unlawful or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the
decision, and shall not affect the validity of any other provisions,
sections or portions thereof of the Ordinance. The remainder of the
Ordinance shall remain in full force and effect. Any other Ordinances
whose terms are in conflict with the provisions of this Ordinance are
hereby repealed as to those terms that conflict.
Section 3. This Ordinance shall take effect immediately upon
passage and posting or publication as provided by law.
Passed and adopted by the Village of Newburg, Ozaukee and Washington
counties, Wisconsin, this day of June, 2009.
Mike Heili,
President
ATTEST:
Bill Cording, Clerk
Table of Contents
RESOLUTION NO. 02-2009
Resolution AUTHORIZING AN APPLICATION FOR a State
Trust Fund Loan and THE Issuance of CertificateS of Indebtedness to the
State of Wisconsin Board of Commissioners of Public Lands, And Making
Certain Covenants Relating to the Build America Bond Program
WHEREAS, the Village Board hereby finds and determines that it is
necessary, desirable and in the best interest of the Village of Newburg,
Ozaukee and Washington Counties, Wisconsin (the "Village") to raise
funds in an amount not to exceed $2,015,000 for the public purpose of
paying the cost of lighting works projects; street improvement projects;
sewerage projects, including storm sewer improvements; and street
lighting projects (the "Project"), and there are insufficient funds on
hand to pay said cost;
WHEREAS, the provisions of Section 24.61(3), Wisconsin Statutes,
authorize the Board of Commissioners of Public Lands (the "Board") to
make loans from moneys under its control or belonging to its trust funds
to villages for such public purposes;
WHEREAS, the Village has prepared an application for a state trust
fund loan in the form required by the Board (the "Application"), with
assistance from its financial advisor, Ehlers & Associates, Inc.,
Brookfield, Wisconsin ("Ehlers");
WHEREAS, it is the finding of the Village Board that it is necessary,
desirable and in the best interest of the Village to borrow moneys from
the Board through its state trust fund loan program under the terms and
conditions specified in the Application, and to authorize the execution
and delivery of one or more certificates of indebtedness evidencing the
Village's obligation to repay amounts drawn on such loan (the
"Certificates");
WHEREAS, it is the finding of the Village Board that it is desirable
and in the best interest of the Village to take the steps necessary to
irrevocably designate the Certificates to be qualified "Build America
Bonds" within the meaning of Subsection 54AA(g) of the Internal Revenue
Code of 1986, as amended (the "Code") and the applicable regulations
promulgated under the Code (the "Regulations") so that the Village may
claim refundable credits with respect to each interest payment on the
Certificates, payable to the Village by the Secretary of the United
States Department of the Treasury ("Treasury"); and
WHEREAS, because the Village Board will designate the Certificates to
be qualified Build America Bonds, the interest on the Certificates will
be includible in gross income for federal income tax purposes under
Subsection 54(f)(1) of the Code.
NOW, THEREFORE, BE IT RESOLVED by the Village Board of the Village
that:
Section 1. Authorization, Approval and Submission of the Application.
The Application in substantially the form presented at this meeting is
hereby authorized and approved in all material respects. All actions
undertaken by representatives of the Village and Ehlers in connection
with the preparation of the Application are hereby ratified and
approved. Pursuant to Section 24.66(2), Wisconsin Statutes, the
Application shall be executed by a majority of the Village Board and
submitted, with all accompanying exhibits, to the Board for recording as
provided under Section 24.66(6), Wisconsin Statutes.
Section 2. Authorization of the Borrowing and the Issuance of the
Certificates. For the purpose of paying the cost of the Project,
there shall be borrowed from the Board pursuant to Section 24.61(3),
Wisconsin Statutes, the principal sum of not to exceed TWO MILLION
FIFTEEN THOUSAND DOLLARS ($2,015,000) in accordance with the terms and
conditions of the Application upon its approval by the Board. To
evidence the obligation of the Village to repay such loan, pursuant to
Section 24.67, Wisconsin Statutes, the President and Village Clerk are
hereby authorized, empowered and directed to make, execute, issue and
deliver to the Board for, on behalf of and in the name of the Village,
Certificates pursuant to Section 24.67(1), Wisconsin Statutes,
aggregating the principal amount of such loan, not to exceed TWO MILLION
FIFTEEN THOUSAND DOLLARS ($2,015,000).
Section 3. Terms of the Certificates. The Certificates shall be
issued in the aggregate principal amount of not to exceed $2,015,000,
shall be dated as of their date(s) of issuance and delivery (which shall
not be earlier than July 13, 2009), and shall have a final maturity date
of March 15, 2029 (which is 20 years after the 15th day of March
preceding the date of delivery). The Certificates shall bear interest at
the rate of 5.50% per annum (calculated on the basis of actual days and
a 365-day year). Payments of the principal of and interest on
outstanding Certificates shall be made annually on March 15. Such annual
payments will be made to the Secretary of Administration of the State of
Wisconsin as indicated on respective certified annual billing statements
to be provided to the Village by the Board pursuant to Section 24.70(2),
Wisconsin Statutes. The debt service schedule for the maximum principal
amount authorized by the Application, assuming the entire principal
amount is drawn on the date that the Board first provides funds to the
Village (the "Closing"), is set forth on Exhibit A and
incorporated herein by this reference (the "Schedule").
Section 4. Additional Payments and Prepayment. Pursuant to
Section 24.63(4), Wisconsin Statutes, and the procedures of the Board,
the Village may make additional payments or prepayments with respect to
the Certificates after January 1 and prior to September 1 of each year
(or during such period as the Board may otherwise prescribe) during
which the Certificates are outstanding. In the event the Village desires
to make any such additional payment or prepayment, the Village must
provide at least 30 days written notice to the Board.
Section 5. Form of the Certificates. The Certificates shall be
issued in registered form, shall be executed and delivered in the form
provided by the Board pursuant to Section 24.67(1), Wisconsin Statutes,
which is presently in substantially the form attached hereto as
Exhibit B and incorporated herein by this reference.
Section 6. Tax Provisions.
(A) Direct Annual Irrepealable Tax Levy. For the purpose of
paying the principal of and interest on the Certificates as the same
becomes due, the full faith, credit and resources of the Village are
hereby irrevocably pledged, and there is hereby levied upon all of the
taxable property of the Village, in addition to all other taxes, a
direct annual irrepealable tax in an amount and at the times sufficient
for that purpose in the years 2009 through 2028 inclusive, and shall be
in such amounts as are necessary to provide for payment of the principal
of and interest on the Certificates in 2010 through 2029, inclusive,
when due. Pursuant to Section 24.66(5), Wisconsin Statutes, the levy
imposed hereby shall be void in whole or in part if the Board declines
to make all or any portion of the loan evidenced by the Certificates.
(B) Tax Collection. So long as any part of the principal of or
interest on the Certificates remains unpaid, the Village shall be and
continue without power to repeal such levy or obstruct the collection of
said tax until all such payments have been made or provided for. After
the issuance of the Certificates, as provided under Section 24.70(3),
Wisconsin Statutes, said tax shall be, from year to year, carried onto
the tax roll of the Village and collected in addition to all other taxes
and in the same manner and at the same time as other taxes of the
Village for said years are collected, except that the amount of tax
carried onto the tax roll may be reduced in any year by the amount of
any surplus money in the Debt Service Fund Account created below.
(C) Additional Funds. If at any time there shall be on hand
insufficient funds from the aforesaid tax levy to meet principal and/or
interest payments on said Certificates when due, the requisite amounts
shall be paid from other funds of the Village then available, which sums
shall be replaced upon the collection of the taxes herein levied.
Section 7. Segregated Debt Service Fund Account.
(A) Creation and Deposits. There be and there hereby is
established in the treasury of the Village, if one has not already been
created, a debt service fund, separate and distinct from every other
fund, which shall be maintained in accordance with generally accepted
accounting principles. Debt service or sinking funds established for
obligations previously issued by the Village may be considered as
separate and distinct accounts within the debt service fund.
Within the debt service fund, there hereby is established a separate
and distinct account designated as the "Debt Service Fund Account for
$2,015,000 State Trust Fund Loan," which designation shall also include
the date of delivery of each of the Certificates (the "Debt Service Fund
Account") and such account shall be maintained until the indebtedness
evidenced by the Certificates is fully paid or otherwise extinguished.
The Village Treasurer shall deposit in the Debt Service Fund Account (i)
all money raised by the taxes herein levied and any amounts appropriated
for the specific purpose of meeting principal of and interest on the
Certificates when due; (ii) such other sums as may be necessary at any
time to pay principal of and interest on the Certificates when due;
(iii) surplus monies in the Borrowed Money Fund as specified below; and
(iv) all Direct Payments (defined below) received by the Village.
(B) Use and Investment. No money shall be withdrawn from the
Debt Service Fund Account and appropriated for any purpose other than
the payment of principal of and interest on the Certificates until all
such principal and interest has been paid in full and the Certificates
canceled; provided (i) the funds to provide for each payment of
principal of and interest on the Certificates prior to the scheduled
receipt of taxes from the next succeeding tax collection may be invested
in direct obligations of the United States of America maturing in time
to make such payments when they are due or in other investments
permitted by law; and (ii) any funds over and above the amount of such
principal and interest payments on the Certificates may be used to
reduce the next succeeding tax levy, or may, at the option of the
Village, be invested in permitted municipal investments under the
pertinent provisions of the Wisconsin Statutes ("Permitted
Investments"), which investments shall continue to be a part of the Debt
Service Fund Account. Any investment of the Debt Service Fund Account
shall at all times conform with the provisions of the Code and any
applicable Regulations.
(C) Remaining Monies. When all of the Certificates have been
paid in full and canceled, and all Permitted Investments disposed of,
any money remaining in the Debt Service Fund Account shall be
transferred and deposited in the general fund of the Village, unless the
Village Board directs otherwise.
Section 8. Proceeds of the Certificates; Segregated Borrowed Money
Fund. The proceeds of the Certificates (the "Proceeds") shall be
deposited into a special fund separate and distinct from all other funds
of the Village (the "Borrowed Money Fund") and disbursed solely for the
purposes for which borrowed as provided in the Application or for the
payment of the principal of and the interest on the Certificates. Monies
in the Borrowed Money Fund may be temporarily invested in Permitted
Investments. Any monies, including any income from Permitted
Investments, remaining in the Borrowed Money Fund after the purposes for
which the Certificates have been issued have been accomplished, and, at
any time, any monies as are not needed and which obviously thereafter
cannot be needed for such purposes shall be deposited in the Debt
Service Fund Account.
Section 9. Qualified Build America Bond Designation; Irrevocable
Election; Compliance with Federal Tax Laws. (a) The Certificates are
hereby irrevocably designated qualified Build America Bonds within the
meaning of Subsection 54AA(g) of the Code, and the Village hereby
irrevocably elects to apply Subsection 54AA(g) of the Code to the
Certificates. The Village represents that all Proceeds, less costs of
issuance financed with such Proceeds (which costs shall be in an amount
not to exceed 2% of such Proceeds) plus all income from temporary
Permitted Investments with respect to such Proceeds ("Available Project
Proceeds") shall be used only for capital expenditures. The Village
acknowledges that among the requirements for the Certificates to qualify
and continue to qualify as qualified Build America Bonds is that the
Certificates, but for their qualified Build America Bond designation,
would be tax-exempt for federal income tax purposes, and hence that the
requirements of the Code and Regulations regarding tax-exempt
obligations apply to the Certificates. The Village hereby covenants to
comply with such requirements.
(b) The Village thus further represents and covenants that the
projects financed by the Certificates and their ownership, management
and use will not cause the Certificates to be "private activity bonds"
within the meaning of Section 141 of the Code. The Village further
covenants that it shall comply with the provisions of the Code to the
extent necessary to maintain the qualified Build America Bond status of
the Certificates including, if applicable, the rebate requirements of
Section 148(f) of the Code. The Village further covenants that it will
not take any action, omit to take any action or permit the taking or
omission of any action within its control (including, without
limitation, making or permitting any use of the proceeds of the
Certificates) if taking, permitting or omitting to take such action
would cause any of the Certificates to be an arbitrage bond or a private
activity bond within the meaning of the Code or would otherwise cause
the Certificates to lose their status as qualified Build America Bonds
within the meaning of Subsection 54AA(g) of the Code and the
Regulations. The Village Clerk or other officer of the Village charged
with the responsibility of issuing the Certificates shall provide an
appropriate certificate of the Village certifying that the Village can
and covenanting that it will comply with the provisions of the Code and
Regulations.
(c) The Village also covenants to use its best efforts to meet the
requirements and restrictions of any different or additional federal
legislation which may be made applicable to the Certificates provided
that in meeting such requirements the Village will do so only to the
extent consistent with the proceedings authorizing the Certificates and
the laws of the State of Wisconsin and to the extent that there is a
reasonable period of time in which to comply.
(d) All investments made pursuant to this Resolution shall be
Permitted Investments, but no such investment shall be made in such a
manner as would cause the Certificates to be "arbitrage bonds" within
the meaning of Section 148 of the Code or the Regulations and an officer
of the Village, charged with the responsibility for issuing the
Certificates, shall certify as to facts, estimates, circumstances and
reasonable expectations in existence on the date of delivery of the
Certificates to the Purchaser which will permit the conclusion that the
Certificates are not "arbitrage bonds," within the meaning of the Code
or Regulations.
Section 10. Qualified Build America Bonds - Application for Direct
Payments to the Village. The Village shall claim available
refundable credits from the Treasury with respect to each interest
payment on the Certificates as provided under Subsection 54AA(g)(1) of
the Code ("Direct Payments"). Bond Trust Services Corporation,
Roseville, Minnesota is hereby authorized and directed to take all
necessary actions on behalf of the Village to apply for the receipt by
the Village of such Direct Payments, including the timely filing of
necessary Internal Revenue Service forms and information returns for
that purpose and/or submitting requests electronically if and as the
Treasury establishes an electronic platform in connection with its
direct payment procedures. All Direct Payments received by the Village
shall be promptly deposited in the Debt Service Fund Account and used
for no other purpose than as provided in Section 7 of this Resolution
above.
Section 11. Payment of the Certificates; Fiscal Agent. The
principal of and interest on the Certificates shall be paid by the
Village Treasurer (the "Fiscal Agent").
Section 12. Execution of the Certificates; Closing; Professional
Services. The Certificates shall be issued in the form provided by
the Board, executed on behalf of the Village by the manual or facsimile
signatures of the President and Village Clerk as provided in Section
24.67, Wisconsin Statutes, and delivered to the Board in exchange for
and as evidence of the Village's obligation to repay the loan of trust
fund moneys from the Board as of the date of the Closing. The aforesaid
officers, together with other officials of the Village, are hereby
authorized and directed to do all acts and execute and deliver the
Certificates and all such documents, certificates and acknowledgements
as may be necessary and convenient to effectuate the Closing. The
Village hereby authorizes the officers and agents of the Village to
enter into, on its behalf, agreements and contracts in conjunction with
the Certificates, including but not limited to agreements and contracts
for legal, trust, fiscal agency, disclosure and continuing disclosure,
and rebate calculation services. Any such contract heretofore entered
into in conjunction with the issuance of the Certificates is hereby
ratified and approved in all respects.
Section 13. Persons Treated as Owners; Transfer of Certificates.
The Village shall cause books for the registration and for the transfer
of the Certificates to be kept by the Fiscal Agent. The person in whose
name any Certificate shall be registered shall be deemed and regarded as
the absolute owner thereof for all purposes and payment of either
principal or interest on any Certificate shall be made only to the
registered owner thereof. All such payments shall be valid and effectual
to satisfy and discharge the liability upon such Certificate to the
extent of the sum or sums so paid.
If it is transferable, any Certificate may be transferred by the
registered owner thereof by surrender of the Certificate at the office
of the Fiscal Agent, duly endorsed for the transfer or accompanied by an
assignment duly executed by the registered owner or his attorney duly
authorized in writing. Upon such transfer, the President and Village
Clerk shall execute and deliver in the name of the transferee or
transferees a new Certificate or Certificates of a like aggregate
principal amount, series and maturity and the Fiscal Agent shall record
the name of each transferee in the registration book. No registration
shall be made to bearer. The Fiscal Agent shall cancel any Certificate
surrendered for transfer. The Village shall cooperate in any such
transfer, and the President and Village Clerk are authorized to execute
any new Certificate or Certificates necessary to effect any such
transfer.
Section 14. Record Date. The last day of February of each year
shall be the record date for the Certificates (the "Record Date").
Payment of interest on the Certificates on any interest payment date
shall be made to the registered owners of the Certificates as they
appear on the registration book of the Village at the close of business
on the Record Date.
Section 15. Conflicting Resolutions; Severability; Effective Date.
All prior resolutions, rules or other actions of the Village Board or
any parts thereof in conflict with the provisions hereof shall be, and
the same are, hereby rescinded insofar as the same may so conflict. In
the event that any one or more provisions hereof shall for any reason be
held to be illegal or invalid, such illegality or invalidity shall not
affect any other provisions hereof. The foregoing shall take effect
immediately upon adoption and approval in the manner provided by law.
Adopted, approved and recorded June 11, 2009.
_____________________________
Mike Heili
President
ATTEST:
____________________________
Bill Cording
Village Clerk (SEAL)
EXHIBIT A
Maximum Debt Service Schedule
(See Attached)
EXHIBIT B
FORM OF CERTIFICATE OF INDEBTEDNESS
STATE OF WISCONSIN
BOARD OF COMMISSIONERS OF PUBLIC LANDS
CERTIFICATE OF INDEBTEDNESS
$2,015,000
Chapter 24 of the Wisconsin Statutes authorizes the Board of
Commissioners of Public Lands to invest State Trust Funds in loans to
municipalities. The municipalities are empowered to borrow from the
Trust Funds in accordance with the provisions of Chapter 24 and this
Certificate of Indebtedness.
The Village of Newburg, Ozaukee and Washington Counties, Wisconsin,
did on _________, 2009, apply for a Trust Fund Loan from the Board of
Commissioners of Public Lands in the amount of TWO MILLION FIFTEEN
THOUSAND DOLLARS ($2,015,000), together with interest thereon at the
rate of 5.50 percent per annum, payable in annual installments. The term
of the loan is for 20 years.
The President and Village Clerk of the Village of Newburg have been
authorized to execute and deliver to the Board, the necessary
Certificates of Indebtedness for the sums owing according to the terms
of such loan, all in conformity with Chapter 24 of the Wisconsin
Statutes.
This Certificate of Indebtedness is issued pursuant to and in
conformity with Chapter 24 of the Wisconsin Statutes.
The Village of Newburg, Ozaukee and Washington Counties, Wisconsin,
acknowledges that it is indebted to the State of Wisconsin Board of
Commissioners of Public Lands in the amount of TWO MILLION FIFTEEN
THOUSAND DOLLARS ($2,015,000) together with the interest thereon at the
rate of 5.50 percent per annum, to be repaid as provided in the
application for the loan, the payment schedule and Chapter 24, payable
in annual installments on March 15 of each year with the first payment
due on March 15, 2011 and the final payment due March 15, 2029.
Any prepayments must be made on or after January 1 and prior to
September 1 of each year. It is agreed that in the event of such
prepayment, thirty days written notice of the prepayment must be given
to the Board of Commissioners of Public Lands and that any additional
payment or prepayment must be sent to the Board of Commissioners of
Public Lands Office.
Annual payments will be made payable to the Secretary of
Administration as indicated on the annual billing statement.
ATTESTED:
The President and Village Clerk of the Village of Newburg, by virtue
of the authority vested in them at ____________, Wisconsin, this ____
day of ________, 20___.
| Signed: |
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President |
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| Countersigned: |
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Village Clerk |
Table of Contents
RESOLUTION 03-2009
A RESOLUTION TO APPLY FOR A STATE TRUST FUND LOAN
"BUILD AMERICA BOND" IN THE AMOUNT OF $2,015,000 FOR THE PURPOSES OF
FINANCING LIGHTING WORKS PROJECTS; STREET IMPROVEMENT PROJECTS; SEWERAGE
PROJECTS, INCLUDING STORM SEWER IMPROVEMENTS; AND STREET LIGHTING
PROJECTS.
By the provisions of Sec. 24.66 of the Wisconsin Statutes, all
municipalities may borrow money for such purposes in the manner
prescribed, and,
By the provisions of Chapter 24 of the Wisconsin Statutes, the Board
of Commissioners of Public Lands of Wisconsin is authorized to make
loans from the State Trust Funds to municipalities for such purposes.
(Municipality as defined by Sec. 24.60(2) of the Wisconsin Statutes
means a town, village, city, county, public inland lake protection and
rehabilitation district, town sanitary district created under Sec. 60.71
or 60.72,
metropolitan sewerage district created under Sec. 200.05 or 200.23,
joint sewerage system created under Sec.28 1.43(4), school district or
technical college district.)
THEREFORE, BE IT RESOLVED, that the Village of Newburg, in the
Counties of Ozaukee And Washington, Wisconsin, borrow from the Trust
Funds of the State of Wisconsin the sum of Two Million Fifteen Thousand
and 00/100 Dollars ($2,015,000.00) for the purpose of financing various
public works and capital improvement projects and for no other purpose.
The loan is to be payable within 20 years from the 15th day of March
preceding the date the loan is made. The loan will be repaid in annual
installments with interest at the rate of 5.50 percent per annum from
the date of making the loan to the 15th day of March next and thereafter
annually as provided by law.
RESOLVED FURTHER, that there shall be raised and there is levied upon
all taxable property, within the Village of Newburg, in the County of
Ozaukee And Washington, Wisconsin, a direct annual tax for the purpose
of paying interest and principal on the loan as they become due.
RESOLVED FURTHER, that no money obtained by the Village of Merrimac
by such loan from the state be applied or paid out for any purpose
except financing various public works and capital improvement projects
without the consent of the Board of Commissioners of Public Lands.
RESOLVED FURTHER, that in case the Board of Commissioners of Public
Lands of Wisconsin agrees to make the loan, that the president and clerk
of the Village of Merrimac, in the County of Sauk, Wisconsin, are
authorized and empowered, in the name of the Village to execute and
deliver to the Commission, certificates of
indebtedness in such form as required by the Commission, for any sum
of money that may be loaned to the Village pursuant to this resolution.
The president and clerk of the Village will perform all necessary
actions to fully carry out the provisions of Chapter 24 Wisconsin
Statutes, and these resolutions.
RESOLVED FURTHER, that this preamble and these Resolutions and the
aye and no vote by which they were adopted, be recorded, and that the
clerk of this Village forward this certified record, along the
application for the loan, to the Board of Commissioners of Public Lands
of Wisconsin
Adopted June 11, 2009
Village of Newburg
__________________________
Mike Heili
Village President
ATTEST:
__________________________
Bill Cording
Clerk
Table of Contents
RESOLUTION NO. 02-2009
RESOLUTION DECLARING OFFICIAL INTENT
TO REIMBURSE EXPENDITURES
FROM PROCEEDS OF BORROWING
WHEREAS, the Village of Newburg, Ozaukee and Washington Counties,
Wisconsin (the "Issuer") plans to undertake lighting works
projects; street improvement projects; sewerage projects,
including storm sewer improvements; and street lighting projects
(collectively, the "Project");
WHEREAS, the Issuer expects to finance the Project on a long-term
basis by issuing obligations in the form of one or more certificates of
indebtedness, representing the Issuer's obligation to repay amounts
drawn on a loan from the Board of Commissioners of Public Lands through
its state trust fund loan program (collectively, the "Certificates");
WHEREAS, because the Certificates will not be issued prior to
commencement of the Project, the Issuer must provide interim financing
to cover costs of the Project incurred prior to receipt of the proceeds
of the Certificates; and
WHEREAS, the Village Board (the "Governing Body") of the Issuer deems
it to be necessary, desirable, and in the best interests of the Issuer
to advance moneys from its funds on hand on an interim basis to pay the
costs of the Project until the Certificates are issued.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Issuer
that:
Section 1. Expenditure of Funds. The Issuer shall make
expenditures as needed from its funds on hand to pay the cost of the
Project until proceeds of the Certificates become available.
Section 2. Declaration of Official Intent. The Issuer hereby
officially declares its intent under Treas. Reg. Section 1.150-2 to
reimburse said expenditures with proceeds of the Certificates, the
principal amount of which is not expected to exceed $1,180,000.
Section 3. Unavailability of Long-Term Funds. No funds for
payment of the Project from sources other than the Certificates are, or
are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside by the Issuer pursuant to its budget or financial
policies.
Section 4. Public Availability of Official Intent Resolution.
The Resolution shall be made available for public inspection at the
office of the Issuer's Clerk within 30 days after its approval in
compliance with applicable State law governing the availability of
records of official acts including Subchapter II of Chapter 19, and
shall remain available for public inspection until the Certificates are
issued.
Section 5. Effective Date. This Resolution shall be effective
upon its adoption and approval.
Adopted and recorded May 28, 2009
Approved May 28, 2009
______________________________
Mike Heili
President
ATTEST:
(SEAL)
___________________________________
Bill Cording
Village Clerk
Table of Contents
VILLAGE OF NEWBURG, OZAUKEE AND WASHINGTON COUNTIES,
WISCONSIN
RESOLUTION NO. 01-2009
PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY
SPECIAL ASSESSMENTS UNDER MUNICIPAL POLICE POWER PURSUANT
TO §66.0703, STATS
RESOLVED, by the governing body of Newburg,
Wisconsin:
1. The governing body hereby declares its intention to exercise its
police power under §66.0703, Stats., to levy special assessments upon
property in the assessment district hereafter described for benefits
conferred upon such property by reason of the following public work and
improvements:
Install paved surface for the portion of the driveway (the "driveway
approach"), concrete sidewalk, curb and gutter located within the
Village of Newburg right-of-way
2. The property to be assessed lies within the following described
assessment district:
Assessment District
Franklin and Division Street Reconstruction Assessment
Area
See Attached Legal Description and Map
3. The Village of Newburg Village Board shall cause pavement,
sidewalk, curb and gutter to be installed and keep an accurate account
of the expenses incurred at each lot and shall report these costs to the
Village of Newburg Clerk who shall cause the amount charged to each lot
to be entered on the tax roll as a special tax against the lot.
4. The total amount assessed against the properties in the described
assessment district shall not exceed the total cost of the improvements.
5. The governing body determines that the improvements constitute an
exercise of the police power for the health, safety, and general welfare
of the Village of Newburg and its inhabitants.
6. The Village of Newburg engineer shall prepare a report which shall
consist of:
a. Final plans and specifications for the improvements.
b. An estimate of the entire cost of the proposed improvements.
c. Schedule of proposed assessments
7. When the report is completed, the engineer shall file a copy of
the report with the Village of Newburg clerk for public inspection.
8. Upon receiving the report of the engineer, the clerk shall cause
notice to be given stating the nature of the proposed improvements, the
general boundary lines of the proposed Assessment District, (including a
small map thereof,) the time and place at which the report may be
inspected, and the time and place of the public hearing on the matters
contained in the preliminary resolution and the report. This notice
shall be published as a class 1 notice under ch. 985, Stats, and a copy
shall be mailed, at least 10 days before the hearing, to every
interested party whose address is known or can be ascertained with
reasonable diligence.
9. The hearing shall be held in the Village Hall at the following
address: 614 Main Street, Newburg, WI at a time set by the clerk
in accordance with §66.0703, Stats.
10. The assessment against any parcel may be paid in cash or in
annual installments the number of which (and the rate of interest to be
charged for such installments) shall be determined at the public hearing
on the proposed assessments.
11. The amount of such assessment shall be determined and levied
after the completion of the work and the final resolution is adopted.
Adopted April 9, 2009
VILLAGE OF NEWBURG
_________________________________
William Sackett
Village President
ATTEST:
______________________________
Bill Cording
Clerk
Table of Contents
THE VILLAGE BOARD OF THE VILLAGE OF NEWBURG, OZAUKEE
AND WASHINGTON COUNTIES, WISCONSIN, ORDAINS AS FOLLOWS:
Section 1. That Section 1.04(2)(a) of Chapter 1
of the Municipal Code of the Village of Newburg, be and hereby is
repealed and recreated as follows:
(2) PLAN COMMISSION. (a) Membership.
The Plan Commission shall consist of 7 members. Two members
shall be Village Board members, appointed by the Village
President, subject to confirmation by the Village Board, for
one-year terms. The other 5 members shall be citizen members of
recognized experience and qualifications, appointed by the
Village President, subject to confirmation by the Village Board,
for staggered 3-year terms. The Secretary of the Commission
shall be the Village Engineer.
Section 2. Severability. The several
sections of this Ordinance are declared to be severable. If any
section or portion thereof shall be declared by a court of
competent jurisdiction to be invalid, unlawful or unenforceable,
such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and shall
not affect the validity of any other provisions, sections or
portions thereof of the Ordinance. The remainder of the
Ordinance whose terms are in conflict with the provisions of
this Ordinance are hereby repealed as to those terms that
conflict.
Section 3. This ordinance shall take
effect immediately upon passage and posting or publication as
provided by law.
Adopted this day of , 2007.
William Sackett, President
ATTEST:
Bill Cording, Clerk
Table of Contents
THE VILLAGE BOARD OF THE VILLAGE OF NEWBURG, OZAUKEE
AND WASHINGTON COUNTIES, WISCONSIN, ORDAINS AS FOLLOWS:
Section 1. That Section 7.07(2)(c) of Chapter 7
of the Municipal Code of the Village of Newburg, be and hereby is
repealed and recreated as follows:
(c) On both sides of Anne Street.
Section 2. That Section 7.07 (2)(e) of Chapter 7
of the Municipal Code of the Village of Newburg, be and hereby is
created as follows:
(e) On both sides of Diane Drive.
Section 3. That Section 7.07(2)(f) of Chapter 7
of the Municipal Code of the Village of Newburg, be and hereby is
created as follows:
(f) On the east side of Shady Lane Road.
Section 4. Severability. The several
sections of this Ordinance are declared to be severable. If any
section or portion thereof shall be declared by a court of
competent jurisdiction to be invalid, unlawful or unenforceable,
such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and shall
not affect the validity of any other provisions, sections or
portions thereof of the Ordinance. The remainder of the
Ordinance whose terms are in conflict with the provisions of
this Ordinance are hereby repealed as to those terms that
conflict.
Section 5. This ordinance shall take
effect immediately upon passage and posting or publication as
provided by law.
Adopted this day of , 2007.
William Sackett, President
ATTEST:
Bill Cording, Clerk
Table of Contents
RESOLUTION 01-2007
REGARDING
PAY RAISES FOR EMPLOYEES
THE VILLAGE BOARD OF THE VILLAGE OF NEWBURG, OZAUKEE
AND WASHINGTON COUNTIES, WISCONSIN, ORDAINS AS FOLLOWS.
|
DEPARTMENT OF PUBLIC WORKS |
|
|
|
|
Classification |
Current |
Plus 3% |
|
PW-1 |
$ 15.25 |
$15.71 |
|
PW-2 |
$ 13.92 |
$14.34 |
|
PW-3 |
$ 12.86 |
$13.25 |
|
PW-4 |
$ 12.08 |
$12.44 |
|
PW-5* |
$ 10.75 |
$11.07 |
|
|
|
|
WATER POLLUTION CONTROL |
|
Classification |
Current |
Plus 3% |
|
WW-1 |
$ 16.95 |
$ 17.46 |
|
WW-2 |
$ 13.92 |
$ 14.34 |
|
WW-3 |
$ 12.86 |
$ 13.25 |
|
WW-4* |
$ 10.75 |
$ 11.07 |
|
|
|
|
LAW ENFORCEMENT |
|
|
Classification |
Current |
Plus 3% |
|
LE-1* |
$ 17.12 |
$17.63 |
|
LE-2 |
$ 15.42 |
$15.88 |
|
LE-3 |
$ 14.55 |
$14.99 |
|
LE-4 |
$ 13.70 |
$14.11 |
|
LE-5* |
$ 10.87 |
$11.20 |
|
|
|
|
GENERAL SECRETARY |
|
|
Classification |
Current |
Plus 3% |
|
GS-1 |
$ 11.33 |
$11.67 |
|
GS-2 |
$ 10.30 |
$10.61 |
|
GS-3 |
$ 9.27 |
$ 9.55 |
|
GS-4 |
$ 8.24 |
$ 8.49 |
|
|
|
|
ELECTION WORKERS |
|
|
Classification |
Current |
Plus 3% |
|
EO-1 |
$ 9.67 |
$ 9.67 |
|
EO-2 |
$ 8.13 |
$ 8.37 |
|
EO-3 |
$ 7.05 |
$ 7.26 |
|
|
|
|
DEPUTY CLERK |
|
|
Classification |
Current |
Plus 3% |
|
DC-1 |
$ 14.26 |
$ 14.69 |
|
DC-2 |
$ 13.58 |
$ 13.99 |
|
DC-3 |
$ 12.86 |
$ 13.25 |
|
DC-4 |
$ 12.20 |
$ 12.57 |
|
|
|
|
|
ZONING ADMINISTRATOR (Yearly
salary) |
|
Effective 4/1/07 |
Current |
Plus 3% |
|
$ 5,304.50 |
$ 5,463.64 |
|
|
|
|
WATER POLL. SUPERINTENDANT
(Yearly salary) |
|
Effective 5/1/07 |
Current |
Plus 3% |
|
$ 21,069.53 |
$ 21,701.62 |
|
|
|
|
EMERGENCY GOVERNMENT
|
|
Effective 4/1/07 |
Current |
Plus 3% |
|
Director |
$ 412.00 |
$ 424.36 |
|
Assistant |
$ 103.00 |
$ 106.09 |
|
|
|
|
TREASURER |
|
|
|
Effective 4/1/07 |
Current |
Plus 3% |
|
$ 1,750.00 |
$ 1,802.50 |
|
CLERK |
|
|
|
Effective 5/1/07 |
Current |
Proposed |
|
$ 39,928.98 |
$ 42,500.00 |
|
|
|
|
MILEAGE |
Current |
Proposed |
|
$ 0.445 |
$ 0.48 |
|
|
|
Adopted this day of , 2007.
Authorized Signature:
______________________________
William Sackett, President
ATTEST:
______________________________
Bill Cording, Village Clerk
Table of Contents
Ordinance #02-2007
An
Ordinance Establishing Salaries of Village Officials
THE VILLAGE BOARD OF THE VILLAGE OF NEWBURG, OZAUKEE
AND WASHINGTON COUNTIES, WISCONSIN, ORDAINS AS FOLLOWS:
Section 1. The salaries of the Village of Newburg
Officials are established as follows:
Current Proposed
President $ 4,300 $
Trustees 1,750
Section 2. This ordinance shall take effect after
passage and publication as required by law, except that the salaries of
the Village President and the Village Trustees shall take effect on May
1, 2007.
Adopted this day of , 2006.
Bill Sackett, President
ATTEST:
Bill Cording, Clerk
Table of Contents
Ordinance #01-2007
An Ordinance to Amend, Repeal and Recreate Portions of Section 10.03(7a)
Lawn and Yard Maintenance
Of the Municipal Code
THE VILLAGE BOARD OF THE VILLAGE OF NEWBURG, OZAUKEE
AND WASHINGTON COUNTIES, WISCONSIN, ORDAINS AS FOLLOWS:
Section 1. That Section 10.03(7a)(b) of Chapter
10 of the Municipal Code of the Village of Newburg, be and hereby is
repealed and recreated as follows:
(b) General Lawn Requirements. The
owner or occupant of any lot or parcel in the Village of Newburg
which is 4 acres or less in area shall install and maintain
landscaping, plantings or other decorative surface treatments,
including turf grass, so as to present an attractive appearance
in all court and yard areas in accordance with generally
accepted landscaping practices in southeastern Wisconsin. Lawns
shall not exceed six (6) inches in height. Plantings shall be
maintained so as not to present hazards to adjoining properties
or to persons or vehicles traveling on public ways and shall be
maintained so as to enhance the appearance of the property on
which located and thereby the appearance of the neighborhood and
the Village of Newburg. The owner of any lot or parcel over 4
acres shall comply with the provisions of par. (d) below.
Section 2. That Section 10.03(7a)(c) of Chapter
10 of the Municipal Code of the Village of Newburg, be and hereby is
repealed in its entirety.
Section 3. That Section 10.03(7a)(d) of Chapter
10 of the Municipal Code of the Village of Newburg, be and hereby is
repealed and recreated as follows:
Maintenance of Front Setback and
Drainage Swales. A minimum 3 foot setback on
any streets frontage (lot line) and the adjoining
right of way and along side yards and rear yards on all parcels larger
than 4 acres shall be maintained at a height of no more than six (6)
inches, except trees and shrubs. In addition, all drainage swales and
ditches shall be free of plantings and also shall be maintained in such
a manner as to permit the free flow of storm water.
Section 4. Severability. The several
sections of this Ordinance are declared to be severable. If any
section or portion thereof shall be declared by a court of
competent jurisdiction to be invalid, unlawful or unenforceable,
such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and shall
not affect the validity of any other provisions, sections or
portions thereof of the Ordinance. The remainder of the
Ordinance whose terms are in conflict with the provisions of
this Ordinance are hereby repealed as to those terms that
conflict.
Section 5. This ordinance shall take
effect immediately upon passage and posting or publication as
provided by law.
Adopted this day of , 2007.
William Sackett, President
ATTEST:
Bill Cording, Clerk
Table of Contents
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