Population 1254

614 Main St, PO Box 50
Newburg WI 53060
(262) 675-2160 Fax (262) 675-2287

Village Hall Hours
Monday-Friday 9-5

Latest Ordinances and Resolutions

05-2014 Resolution Awarding the Audit Services For the Village of Newburg Financial Records
01-2013 Parking Violations
03-2013 Resolution Adopting the Ozaukee County All Hazards Mitigation Plan
04-2013 Resolution Authorizing the Change of the Village of Newburg's Commercial Service Long Distance Carrier
05-2013 Resolution Repealing Authorization for State Bank of Newburg to Collect Property Tax Payments
07-2013 Resolution Establishing the Collection Point for the Village of Newburg Utility Bill Payments
Ordinance 02-2011 to Repeal and Recreate Section 8.06 (2) Snow and Ice Removal
Resolution 05-2011 Resolution creating election wards
Resolution 03-2011 Providing for the Sale of General Obligation Refunding Bonds
Resolution #04-2010 Final Resolution Levying Special Assessments for Sidewalk, Curb, and Gutter
Ordinance 03-2009 to Repeal and Recreate Section 13.05 (2) of the Municipal Code
Ordinance 02-2009 to Repeal and Recreate Section 12.01 (1) of the Municipal Code
Resolution 02-2009 Authorizing an Application for a State Trust Fund Loan
Resolution 03-2009 to Apply for A State Trust Fund Loan "Build American Bond"
Resolution 02-2009 declaring Intent to Reimburse Expenditures from Proceeds and Borrowing
Preliminary Resolution  01-2009 Declaring Intent to Levy Special Assessments
An Ordinance to Repeal and Recreate Section 1.04 (2) (a) (Plan Commission)
An Ordinance to Amend, Repeal and Recreate Section 7.07 (2) (c) and to Create Section 7.07 (2) (e) and 7.07 (2) (f) Parking Prohibited at all Times
REGARDING PAY RAISES FOR EMPLOYEES
An Ordinance Establishing Salaries of Village Officials

An Ordinance to Amend, Repeal and Recreate Portions of Section 10.03(7a) Lawn and Yard Maintenance

 

ORDINANCE NO. 02-2011

ORDINANCE TO REPEAL AND RECREATE SECTION 8.06(2)

OF THE MUNICIPAL CODE (SNOW AND ICE REMOVAL)

THE VILLAGE BOARD OF THE VILLAGE OF NEWBURG, OZAUKEE AND WASHINGTON COUNTIES, WISCONSIN, DO ORDAIN AS FOLLOWS:

Section 1. That Section 8.06(2) of the Municipal Code of the Village of Newburg, be, and hereby is repealed and recreated as follows:

(2) No person shall deposit, or cause to be deposited, any snow or ice taken and removed from his premises or elsewhere upon any sidewalk, alley, parkway, public place or street in the Village. Snow shall not be piled at or near intersections so as to obstruct the view of pedestrians or operators of motor vehicles.

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 , 2011.

 

Mike Heili, President

ATTEST:

Bill Cording, Clerk

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RESOLUTION No. 05-2011

RESOLUTION CREATING ELECTION

WARDS UNDER SECTION 5.15,

WISCONSIN STATUTES

WHEREAS, section 5.15, Wisconsin Statutes, provides that each village with in this state shall be divided into election wards by its Village Board in accordance with said Section unless its population is less than 1000:

WHEREAS, section 5.15, Wisconsin Statutes, provides that the governing body of a municipality must adjust or create its wards within sixty (60) days after the receipt of a tentative supervisory district plan from the county in which the municipality is located, and further that said division must give consideration to the tentative plan submitted by the county board;

WHEREAS, section 5.15(6)(b), Wisconsin Statutes, provides that the governing body of a municipality may by resolution combine two (2) or more wards for voting purposes to facilitate using a common polling place; NOW, THEREFORE,

THE VILLAGE BOARD OF THE VILLAGE OF NEWBURG, WASHINGTON/OZAUKEE COUNTIES, WISCONSIN DOES HERBY RESOLVE:

SECTION 1. That election wards in the Village Of Newburg are created as follows under section 5.15, Wisconsin Statutes:

    1. Ward #1 All or part of all census blocks falling within the village limits of the Village of Newburg within Washington County, Wisconsin. Tract 400104 Block #s 2008, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020. 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029.
    2. Ward #2 All or part of all census blocks falling within the village limits of the Village Of Newburg within Washington County, Wisconsin. Tract 400104 Block #s 2002, 2003, 2004 2005, 2006, 2009, 2010, 2012.
    3. Ward #3 All or part of all census blocks falling within the village limits of the Village of Newburg within Ozaukee County, Wisconsin. Tract 620100 Block #s 1014, 1015, 1016, 1041, 1042.

SECTION 2. All wards in the Village Of Newburg are combined for reporting election

results and the polling place shall be the Newburg Village Hall, 614 Main Street, Newburg, Wisconsin, 53060.

SECTION 3. This Resolution shall upon passage and publication become effective for elections after December 31, 2011, provided, however, that implementation of this Resolution is contingent upon approval by the Washington County Board of Supervisors of a county-wide supervisory district plan based upon the foregoing election wards.

Adopted this 28th day of May, 2011.

___________________________________

Mike Heili/Village President

___________________________________

Bill Cording/Village Clerk

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RESOLUTION NO 03-2011

RESOLUTION
PROVIDING FOR THE SALE OF
General Obligation Refunding Bonds

WHEREAS, the Village Board of the Village of Newburg, Ozaukee and Washington Counties, Wisconsin (the "Village") deems it to be necessary, desirable and in the best interest of the Village to refund obligations of the Village, including interest on them (the "Refunding") for the purpose of restructuring its outstanding indebtedness; and

WHEREAS, it is desirable to borrow funds for the Refunding through the issuance of general obligation refunding bonds pursuant to Section 67.04, Wis. Stats.;

NOW, THEREFORE, BE IT RESOLVED by the Village Board of the Village that:

Section 1. Issuance of the Bonds. The bonds shall be designated "General Obligation Refunding Bonds" (the "Bonds") and the Village shall issue the Bonds in an amount not to exceed $780,000.

Section 2.  Sale of the Bonds. The Village Board hereby authorizes and directs that the Bonds be offered for sale. At a subsequent meeting, the Village Board shall consider such proposals for the Bonds as may have been received and take action thereon.

Section 3.  Offering Statement. The Village Clerk (in consultation with its financial advisor, Ehlers & Associates, Inc.) shall also cause an Offering Statement to be prepared and distributed.

Section 4.  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 April 28, 2011.



Mike Heili
President

ATTEST:



Bill Cording
Village Clerk

(SEAL)

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Resolution #04-2010

Final Resolution Levying Special

Assessments for Sidewalk, Curb and Gutter

And Driveway Approaches on Certain Properties

Located within Special Assessment District #1-2009

In the Village Of Newburg (Franklin and Division Streets)

WHEREAS, On April 4, 2009 the Village Board of the Village of Newburg adopted a Preliminary Resolution levying special assessments on certain properties in Special Assessment District #1-2009; and

WHEREAS, the Village Engineer has prepared an amended report, including a schedule of proposed assessments, and filed said report with the Village Clerk; and

WHERAS, notice of hearing was published and mailed and the proposed assessments contained therein and has considered the reasonableness of the basis used in determining the proposed assessments and has discussed all of the said matters fully; and

WHEREAS, the Village Board is fully advised in these matters and is now ready to make the final levy of special assessments for the benefit conferred as set forth herein; now, therefore,

BE IT RESOLVED BY THE VILLAGE BOARD OF THE VILLAGE
OF NEWBURG, WASHINGTON AND OZAUKEE COUNTIES, WISCONSIN, THAT:

  1. After due consideration of the amended report of the Village Engineer in the matter set forth in

    preamble hereto, the Village Board hereby finds and determines that the properties set forth in said report, and each of them, are benefited by the construction of sidewalk, curb and gutter and driveway approaches, respectively as indicated in said report, and the Board, upon such consideration, determines that the proposed assessments made were determined upon a reasonable basis.

  2. Upon such findings and determinations, said report, including the project plans and

    specifications, the statement of final costs and financing, the statement of benefits, the statement of assessment methods, assessment procedure and the schedule of proposed assessments, is hereby approved, except that:

  3. The proposed assessments set forth in said report are hereby assessed and levied against

    said properties as special assessments for the benefits incurred upon them by the construction of sidewalk, curb and gutter and driveway approaches, respectively, and the Board hereby directs that payment of said special assessments be made as hereinafter provided and orders the owners of said properties to pay such special assessments in the manner hereinafter provided.

  4. The proceeds from such special assessments shall be used for paying the costs of the

    respective projects.

  5. The assessments are made pursuant to the police power of the Village of Newburg and

    66.0701 and 66.0703, Wis. Stats., and Sec. 8.09 of the Municipal Code.

  6. Each special assessment levied by this resolution shall be a lien upon the property against

    which it is levied on behalf of the Village of Newburg in accordance with 66.0717, Wis. Stats.

  7. Each owner of property has the option of paying his or her special assessment in full

    without interest on or before November 22, 2010 or in five (5) equal annual installments, in accordance with 66.0715, Wis. Stats., with interest thereon at the rate of 3.58% per annum, such interest to commence as of the date this resolution is adopted and to be computed through December 31 of each year. All assessments will be collected in installments, except such assessments which were paid in full to the Village Treasurer on or before November 1, 2010. The first installment is to be entered in the 2010 tax roll as a special tax on the property upon which the special assessment was levied, and therefore shall be treated in all respects as any other municipal tax, except as otherwise provided in 66.0715, Wis. Stats., Hereafter, in each subsequent year, an installment shall, in like manner and with like effect, be entered in the annual tax roll until all installments have been levied. Each property owner who is paying by the installment may prepay his or her assessments, together with accrued interest, at any time without penalty. In the event the property owner fails to pay any installment in full at the time it is due, said owner will be deemed delinquent in the payment thereof and his or her entire unpaid assessment, together with accrued interest through December 31 of the year said delinquency occurs, shall be extended upon the next succeeding 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.

  8. All payments hereunder are to be made to the Village Treasurer.

  9. The Village Clerk is hereby authorized and directed to publish a copy of this resolution as

    a Class I notice in the West Bend Daily News and shall mail a copy of this resolution and this statement of the final assessment against his or her property to every interested person whose name appears on the assessment roll and whose post office address is known, or can with reasonable diligence be ascertained.

  10. The Village Clerk is hereby authorized and directed to publish the "Installment

    Assessment Notice" attached hereto and made a part hereof as a Class I notice and to mail a copy thereof to every interest person.

  11. This resolution shall become effective upon passage and publication and notice and compliance with sections 9 and 10 above.

Adopted this day of , 2010

 

Mike Heili, Village President

ATTEST:

 

 

Bill Cording, Village Clerk

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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

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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 REUs 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

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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:  
  President
   
Countersigned:  
  Village Clerk

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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

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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

 

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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

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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

 

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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

 

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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

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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

 

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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

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614 Main St PO Box 50 Newburg WI 53060 (262) 675-2160 Fax (262) 675-2287 Village Hall Hours Monday-Friday 9-5

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