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HomeMy WebLinkAbout00-275.docJUNE 27, 2000 00-275 RESOLUTION (CARRIED 7-0 WITHDRAWN LOST LAID OVER PURPOSE: INITIATED BY: RESOLUTION RELATING TO WAIVER OF SECTION 66.521(11)(b)1. REQUIREMENTS IN CONNECTION WITH AN INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING (OSHKOSH COIL SPRING, INC. PROJECT) CITY ADMINISTRATION WHEREAS, this body has adopted a resolution entitled "Initial Resolution Relating to Industrial Development Revenue Bond Financing (Oshkosh Coil Spring, Inc. Project)" (the "Initial Resolution"); and WHEREAS, the Initial Resolution provides that upon certain conditions the City of Oshkosh, Wisconsin (the "Municipality"), shall issue industrial development revenue bonds pursuant to Section 66.521, Wisconsin Statutes, as amended (the "Act") to finance a project in the Municipality to be undertaken by Trembly Enterprises, LLC, a Wisconsin limited liability company, Oshkosh Coil Spring, Inc., a Wisconsin corporation ("Oshkosh Coil Spring"), Jeffrey S. Trembly and Wayne A. Trembly (individually or as a part of any combination, joint venture, limited liability company, or partnership of which any of the above are a part, the "Borrower"), and WHEREAS, the Borrower has represented that the intended use of the project is for the purpose of constructing and equipping an addition to the Borrower's existing manufacturing facility located within the Municipality to be used in connection with Oshkosh Coil Spring's business of manufacturing compression, extension and torsion springs (hereinafter called the "Project"); and WHEREAS, Section (11)(b)1. of the Act contains provisions requiring competitive bidding for certain construction contracts with regard to the construction of projects financed under the Act; and WHEREAS, Section (11)(b)2. of the Act empowers the governing body of a municipality to waive the requirements of Section (11 )(b)l. with respect to a particular project; NOW, THEREFORE, BE IT RESOLVED: It is the finding and determination of this body that the Municipality will not control the design, costs, construction or operation of the Project; that no public moneys will be expended for the Project; that the Municipality will have no beneficial ownership in the Project; that the primary reason for requiring competitive bidding for construction of municipal projects is to protect the taxpayers against excessive expenditures of public funds and that such reason, although sound as applied to public works, is not applicable to the Project in which no general funds or tax revenues of the Municipality will be used or put at risk; that it would be more efficient and expedient for the accomplishment of the public purposes of the revenue bond issue if the Borrower were to have complete control over the letting of contracts for construction for the Project. Therefore, the Municipality does hereby waive the provisions of Section (11 )(b)l. of the Act with regard to the Project. Adopted and recorded this 27th day of June, 2000. CITY OF OSHKOSH WINNEBAGO COUNTY, WISCONSIN This is to certify that the foregoing resolution was adopted by the Common Council of the City of Oshkosh, Wisconsin at a meeting held on the 27th day of June, 2000. Pamela R. Ubrig, City Clerk