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CCR1972184I<ESOL,UTION # / v - 7 2- AUTHORIZATION OF ISSUANCE OF SPECIAL ASSESSMENT B BONDS (Hale Park Meadows Subdivision) e WHEREAS, the City of Muskego has authorized the contract for the con- struction and installation of sanitary sewer mains, laterals, surface water drainage -facilities, grading o€ streets, installation of road base and paving of streets, and storm sewers and storm sewer outlets to serve all of the lots of Hale Park Meadows Subdivision in the City of Muskego at an aggre- gate cost of $381,061.00 , and WHEHEAS. this Common Council has levied special assessments in an aggregate amount equal to the cost of construction and installation of such improvements against the several parcels of property to be benefited thereby, consisting of. (1) a combined assessment aggregating $ 1,863.90 against each of the single-family and two-family lots,for installation j of improvements other than street paving, said assessments for several projects having been undertaken as a part of a I general improvement having,been so combined pursuant to 1 Section 66.60(9), Statutes, and I 1 (2) a Separate assessment of $ 253.11 against each of the single-family and two-family lots for street paving benefits, and WHEREAS, this Common Council has provided that each such special assessment shall be payable in five (5) equal, annual installments, together with interest, on the entire unpaid balance thereof at the rate.of seven percent (7%) per annum, so as to become due with genera1,real estate taxes on the last day of February in the years11974 to 1978, inclusive, as to the aforementioned combined assessments, .and on the last day of February, 1975 to 1979, inclusive, as to the aforesaid street paving assessments. THEREFORE, BE IT RESOLVED, that in order to finance the construction and completion of the aforesaid public improvements and for the purpose of anticipating the collection of said special assessments payable in install- ments, the City of Muskego shall issue its Special Assessment B Bonds pursuant to the provisions of $66. 54(10), Statutes, which Bonds shall be payable solely out of the proceeds of said special assessments and shall in no event be a general obligation of the City of Muskego, as follows (1) Bonds shall be issued in an aggregate principal amount not exceeding $335.502.00 based upon the aforementioned combined assessment for improve- ments other than street paving, shall be designated "1913 Series A" and shall be payable in five (5) annual installments each in the amount of one-fifth (1/5) of the principal amount of said Bond, which principal installment shall mature serially on the 5th day of March in the years 1974 to 1978, inclusive. (2) Bonds shall be issued in an aggregate principal amount not exceeding $45,560.00 based upon the aforementioned single assessment for street paving benefits, shall be designated "1974 Series B" and shall be payable in five (5) annual installments each in the amount of one-fifth (115) of the principal amount of said Bond, which principal installment shall mature serially on the 5th day of March in the years 1975 through 1979, inclusive. a l 0 I F’URTJTER RESOLVED, that each such Special Assessment B Bond of the 1973 Series and of the 1974 Series shall be dated as of its date 01 issuance and shall bear interest, payable with the principal installments aforementioned, at the rate of seven percent (7%) per annum upon the entire unpaid balance of each Bond, as provided in five (.5) coupons attached to each such Bond, consisting of one (1) coupon evidencing the installment and interest becoming due on each of the dates aforesaid. FURTHER RESOLVED, that such Bonds shall be issued from time to time and at such times as in the judgment of the Mayor and City Clerk the proceeds thereof are required to pay for such improvements, and the approval of the said city officers of the issuance of any Bond shall be conclusively presumed from the execution thereof. FURTHER RESOLVED, that said Special Assessment B Bonds shall be numbered consecutively beginning with number 1 and shall be issued as two (2) separate bonds for each lot or parcel to be benefited by the said public improvements, in denominations as follows (a) AS to the 197.3 Series A Bonds, in the denomination of $ 1,863. 90 as to each ~ Bond issued for a single-family or two- 1 family lot in Hale Park Meadows Subdivision. i (b) As to the 1974 Series B Bonds, in the I denomination of $ 253.11 as to each Bond 1 issued for a single-family or two-family ! lot in Hale Park Meadows Subdivision. I FURTHER RESOLVED, that each such Bond shall be subject to pre-payment, at the option of the City, of all of the unpaid principal amount thereof and accrued interest thereon to the date of pre-payment, without premium, provided, however, that such pre-payment may only be effected upon the first day of any month. FURTHER RESOLVED, that each separate Bond shall be executed on the behalf of the City of Muskego by the Mayor and City Clerk, the corporate seal of the City of Muskego shall be affixed thereto, and the respective Bonds of each Series shall be in forms’hereto attached , as Exhibits A and B, and made a part hereof. FURTHER RESOLVED, that each such Bond shall be registered in the name of the owner thereof upon a Bond record to be kept in the office of the City Clerk of the City of Muskego at the City Hall; and upon transfer of ownership of any such Bonds the transfer shall be noted upon said Bond and upon said record. any transfer not so noted shall be null and void, and any payment by the City of Muskego of principal or interest on a Bond made to the registered owner thereof named in said Bond record shall operate to discharge the principal or interest so paid. -2- i FURTHER RESOLVED, that all collections or proceeds of installments of the special assessments levied to pay for the aforementioned public improvements, whether received before or after the delinquency thereof, shall be placed by the City Treasurer in the segregated sinking fund relating to such assessments; that two (2) such sinking funds shall be established and designated respectively as the City of Muskego Special Assessment B Bonds, 1973 Series A Sinking Fund", and the "City o€ Muskego Special Assessment 13 Bonds, 1974 Series B Sinking Fund" ; and each such Sinking Fund shall be used solely and exclusively for the payment of the principal of and interest on the aforementioned issue of Bonds to which it relates, and that any surplus in any of such Sinking Funds remaining after payment in fullof all of the principal of and interest on the Bonds to which such Sinking Fund relates shall be paid into the general fund of the City of Muskego. FURTHER RESOLVED, that the provisions 01 the Wisconsin Statutes pertaining to the issuance of municipal Special Assessment I3 Bonds, and in particular §66. 54(10) thereof, shall in all respects govern the issuance, delivery, negotiation and payment of the aforementioned Bonds. I, DATED THIS 12 DAY OF 3-6 -C , 1972. r Jerome J. Gottfried, Mayor ATTEST !'&I. City Clerk -3- Exhibit A to Resolution # Hale Park Meadows Subdivision I\ 1st Combined Assessment UNITED STATES OF AMERICA STATE OF WISCONSIN WAUKESHA COUPjTY CITY OF MUSKEGO SPECIAL ASSESSMENT B BOXD OF 1973, SERIES A *!/on, No. B KNOW ALL MEN BY THESE PRESENTS, that the City of Muskego, Waukeh County, Wisconsin (herein called the "City") for value received, hereby promises to pay to: or to registered assigns, at the office of the Treasurer of the City, the sum of and /I 00 Dollars ($ ) in lawful money of the United States of America, and to pay to the registered holder hereof interest thereon from the date hereof at the rate of Seven percent (7%) per annum, in like money. Payments of the principal amount of this Bond and interest thereon shall be made in five (5) annual installments as provided In the five (5) coupons which are attached hereto and made a part hereof. This Bond is one of a duly authorized series of Special Assessment i3 Bonds of the City, all issued and to be issued under and pursuant to the provisions of Section 66. 54(10) of the Wisconsin Statutes to anticipate the collection of the copbined special assess- ment payable in five (5) annual installments levied by the Common Council of the City, by resolution duly adopted on September 12, 1972 to defray the cost of construction and installation of sanitary sewer mains and sewer and water laterals, surface water dra.inago facilities. gradinrr of streets, installation of road base, serving the following described property, and payable out of a special assessment on such propprty. 0. Lot , in Block , of Hale Park Meadows Subdivision being a subdivision of part of the South-West Quarter (SW 1 /4) of Section One (1 ), Town Five (5) North, Range Twenty (20) East in the City of Muskego, Waukesha County, Wisconsin. The City may deem and treat the person or entity in whose name this Bond is registered as the absolute owner hereof and of the coupons attached hereto for the purpose of .receiving payment of or on account of the principal hereof and interest hereon and for all other purposes and shall not be affected by any notice to the contrary. This Bond is transferable by the registered owner hereof in person or by its or his duly authorized attorney at the office of the Treasurer of the City upon surrender and cancellation of this Bond, and thereupon a new registered bond or bonds with coupons for a like aggregate principal amount as the outstanding principal amount of this Bond will be issued to the transferee in exchange therefor, all as provided by Section 66.54(10). Wisconsin Statutes. No recourse shall be had for the payment of any principal of or interest on ' this Bond or any part hereof or z.ny claim based kreon against any past. present @r future officer or ,tru stee of the City, xh ether by virtue of any statute, rule Of law or the enforcement of any assessment or penalty or otherwise, all such liability being by the acceptance hereof and as a part of the consideration for the issue r hereof, expressly waived and released, The City shall not be liable for the payment of any of the principal or interest on this Bond or any part thereof except solely and exclusively from the fund created by the collection of the installments of the afore- @ said special assessment, together with interest thereon. This ,3ond .and the coupons hereof may be prepaid in their entirety on the .* . . fi.rst day of any month prior to the maturity thereof, by the payment of the unpaid prlnclpal amount hereof plus accrued interest to the date on which the bond is pre- pai.d, without penalty. Such prepayment may be effected without prior notice by tender, to the registered holder hereof at his address as shown on the bond regis- tration record of the City, of payment of the redemption price aforesaid to be made in exchange for surrender of this bond and all unpaid coupons appertaining hereto, and upon the making of such tender interest shall cease to accrue hereon. IN WITNESS WHEREOF, the City of Muskego has caused this Bond to be executed on its behalf by its Mayor, attested by its Clerk, and has caused its cor- porate seal to be hereunto affixed on , 197 - . CITY OF MUSKEGO 1 (Corporate Seal) -2 - i No. 5 Hale Park Meadows Subdivision 1 st Combined Assessment On the 5th day of March, 1978, the City of Muskego, Waukesha County, Wisconsin, promises to pay in lawfd money o€ tix LJr.it?d States to the registered coupon at the office of the TreisiiEiYgf the City of Muskego, Waukesha County. Wisconsin, the sum of $ , said sum being one-fifth (1 /5th) of the principal amount of said Bond, together with one year's interest on the unpaid all in accordance with and subject to the conditions and restrictions set forth in the attached Special Assessment B Bond of 1973, Series A, 0 owner of the Bond to which this coupon is attached upon presentation of this balance of the principal of said Bond at the rate of seven percent (7%) per annum, Attest: NO, A - CITY OF MUSKEGO BY City Clerk Mayor No. 4 1 Haie Park Meadows Subdivision 1st Combined Assessment On the 5th day of March, 1977, the City of Muskego, Waukesha County, Wisconsin,promises to pay in lawful money of the United States to the registered owner of the Bond to which this coupon is attached upon presentation of this coupon at the office of the Treasurer of the City of Muskego, Waukesha County, Wisconsin. the sum of $ , said sum being one-fifth (l/5th) of the principal amount of said Bond, together with one year's interest on the unpaid balance of the principal of said Bond at the rate of seven percent (7%) per annum, all in accor- dance with and subject to the conditions and restrictions set forth in the attached Special Assessment B Bond of 1973. Series A, Attest: NO. A - CITY OF MUSKEGO BY City Clerk Mayor to """"""""""""""""""""""""""""""""""""" I No. 3 I 1 Hale Park Meadows Subdivision 1 st Combined Assessment 1 On the 5th day of March, 1976, the City of Muskego, Waukesha County, Wisconsin, promises to pay in lawful money of the United States to the registered owner of the Bond to uhich this coupon is attached upon presentation of this coupon at the office of the Treasurer of the City of Muskego. Waukesha County, Wisconsin, the sum of $ , said sum being one-fifth (1 /5th) of the principal amount of said Bond, together with one year's interest on the unpaid balance of the dance with and subject to the conditions and restrictions set forth in the attached Specla1 Assessment B Bond of 1973, Series A, I ! principal of said Bond at the rate of seven percent (7%) per annum, all in accor- Attest: NO, A - CITY OF MUSKEGO e BY City Clerk Mayor """_"~"""_""""""""""""""---"-------"-"----""-"- -3- ,x No. 2 Hale Park Meadows Subdivision 1 st Combined Assessment e On the 5th day of March, 1975, the City of Muskego, Waukesha Coudy, Wisconsin, promises to pay in lawful money of the United States to the registered owner of the Bond to which this coupon is attached upon presentalion of this coupon at the office of the Treasurer of the City of Muskego, Waukesha County, Wisconsin, the sum of $ , said sum being one-fifth (1 /5th) of the principal amount of said Bond, together with one year's interest on the unpaid balance of the principal of said Bond at the rate of seven percent (7%) per annum, all in accor- dance with and subject to the conditions and restrictions set forth in the attached Special Assessment B Bond of 1973, Series A, Attest: NO. A - CITY OF MUSKEG0 BY City Clerk Mayor No. 3 I I Hale Park Meadows Subdivision 1st Combined Assessment On the 5th day of March, 197 4, the City of Muskego, Waukesha County, Wisconsin, promises to pay in lawful money of the United States to the registered owner of the Bond to which this coupon is attached upon presentation of this coupon at the office of the Treasurer of the City of Muskego, Waukesha County, Wisconsin, the sum of $ , said sum being one-fifth (1 /5th) of the principal amount of said Bond, together with interest on the entire principal amount of said Bond at the rate of seven percent (77'0) per annum from , 197 to March 5, 1974, all in accordance with and subject to the conditions and restrictions set forth in the attached Special Assessment B Bond of 1973, Series A, Attest: NO. A - CITY OF MUSKEGO e BY City Clerk Mayor -4- Exhibit 13 lo liesolution # Hale Park Meadows Subdivision Paving Assessment UNITED STATES OF AMERICA STATE OF WISCONSIN WAUKFSHA COUNTY CITY OF MUSKEGO SPECIAL ASSESSMENT B BOND OF 1974, SERIES B - qond No. B KNOW ALL MEN BY THESE PRESENTS. that the City of Muskego, Wauke~ County, Wisconsin (herein called the "City") for value received, hereby promises to pay to: or to registered assigns, at the office of the Treasurer of the City, the sum of and /I 00 Dollars ($ ) in lawful money of the United States of America, and to pay to the registered holder hereof interest thereon from the date hereof at the rate of seven percent (7%) per annum, in like money. Payments of the principal amount of this Bond and interest thereon shall be made in five (5) annual installments as provided in the five (5) coupons which are attached hereto and made a part hereof. This Bond is one of a duly authorized series of Special Assessment B Bonds of the City, all issued and to be issued under and pursuant to the provisions of Section 66. 54(10) of the Wisconsin Statutes to anticipate the collection of the combined special assess- ment payable in five (5) annual installments levied by the Common Council of the City, by resolution duly adopted on September 12, 1972 to defray the cost of paving of streets, serving the following described property, and payable out of a special a. i , assessment on such property: Lot , in Elock , of Hale Park Meadows Subdivision I being a subdivision of part of the South-West Quarter I 1 (SW 1 /4) of Section One (l), Town Five (5) North, Range Twenty (20) East in the City of Muskego, Waukesha County, Wisconsin. I The City may deem and treat the person or entity in whose name this Bond is registered as the absolute owner hereof and of the coupons attached hereto for the purpose of receiving payment of or on account of the principal hereof and interest hereon and for all other purposes and shall not be affected by any notice to the contrary. This Bond is transferable by the registered owner hereof in person or by.its or his duly authorized attorney at the office of the Treasurer of the City upon surrender and cancellation of this Bond, and thereupon a new registered bond or bonds with coupons for a like aggregate principal amount as the outstanding principal amount of this Bond will be issued to the transferee in exchange therefor, all as provided by Section 66. 54(10), Wisconsin Statutes. No recourse shall be had for the payment of any principal of or interest on this Bond or any part hereof or any claim based kreon against any past, present or future officer or tm stee of the City, whether by virtue of any statute, rule of &avi or the enforcement of any assessment or penalty or otherwise, all such liability being by the acceptance hereof and as a part of the consideration for the issue /' hereof, expressly waived and released. The City shall not be liable for the payment of any of the principal or interest on this Bond or any part thereof except solely and exclusively from the fund created by the collection of the installments of the afore- said special assessment, together with interest thereon. This Bond and the coupons hereof may be prepaid in their entirety on the first day of any month prior to the maturity thereof, by the payment of the unpaid principal amount hereof plus accrued interest to the date 'on which the bond is pre- pal.d, without penalty. Such prepayment may be effected without prior notice by *lender, to the registered holder hereof at his address as shown on the band regis- tration record of the City, of payment of the redemption price aforesaid to be made in exchange for surrender of this bond and all unpaid coupons appertaining hereto, and upon the making of such tender interest shall cease to accrue hereon. IN WITNESS WHEREOF, the City of Muskego has caused this Bond to be executed on its behalf by its Mayor, attested by its Clerk, and has caused its cor- porate seal to be hereunto affixed on , 191 - CITY OF MUSKEG0 Mayor Attest: (Corporate Seal) -2- xo. 5 Hale Park Meadows Subdivision Paving Assessment On the 5th day of March, 1979, the City of Muskego, Waukesha County, Wisconsin, promises to pay in 1awf;ll money of the United Stales to the registered owner of the Bond to which this coupon is attached upon presentation of this Wisconsin, the sum of $ , said sum being one-fifth (1 /5th) of the principal amount of said Bond, together with one year's interest on the unpaid balance of the principal of said Bond at the rate of seven.percent (7%) per annum, all In accordance with and subject to the conditions and restrictions set forth in the attached Special Assessment B Bond of 1974, Series B, 0 coupon at the office of the Treasurer of the City of Muskego, Waulcesha County, Attest: No. R - CITY OF MUSKEGO BY City Clerk Mayor "_"""""""""""""""""""""~"""""""""""""" I No. 4 I Hale Park Meadows Subdivision Paviilg Assessment i On the 5th day of March, 1978, the City of Muskego, Waukesha County, I Wisconsin,promises to pay in lawful money of the United States to the registered owner of the Bond to which this coupon is attached upon presentation of this coupon at the office of the Treasurer of the City of Muskego, Waukesha County, Wisconsin, the sum of $ , said sum being one-fifth (115th) of the principal amount of said Bond, together with one year's interest on the unpaid balance of the principal of said Bond at the rate of seven percent (77'0) per annum, all in accor- dance with and subject to the conditions and restrictions set forth i? the attached Special Assessment B Bond of 1974, Series B, , Attest: NO. B - CITY OF MUSKEGO t BY City Clerk Mayor I Hale Park Meadows Subdivision Paving Assessment ! On the 5th day of March, 1977, the City of Muskego, Waukesha County, Wisconsin, promises to pay in lawful money of the United States to the registered owner of the Bond to dnich this coupon is attached upon presentation of this coupon at the office of the Treasurer of the City of Muskego, Waukesha County, Wisconsin. the sum of $ , said sum being one-fifth (1 /5th) of the principal principal of said Bond at the rate of seven percent (7%) per annum, all in accor- dance with and subject to the conditions and restrictions set forth in the attached , I amount of said Bond, together with one year's interest on the unpaid balance of the la Special Assessment B Bond of 1974, Series B. Attest: NO B - CITY OF MUSKEGO BY e City Clerk Mayor """_"_""""""""""""""""""""----------""-"-"-"- ., -3 -