HomeMy WebLinkAbout00-347.docAUGUST 22, 2000 00-347 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN
CITY OF OSHKOSH, WISCONSIN
RESOLUTION WAIVING THE PUBLIC BIDDING REQUIREMENTS
OF WISCONSIN STATUTES SECTION 66.521(11)(b)1
WHEREAS, the City of Oshkosh, Wisconsin (the "Municipality"), has by
resolution of its Common Council expressed its intent to issue bonds in one or more
series pursuant to Wisconsin Statutes Section 66.521 in an amount not to exceed
$6,000,000 for the purpose of financing on behalf of Swanson Wiper Corporation, a
Wisconsin corporation, Lawrence L. Swanson, Randall L. Swanson Sr., and/or James
R. Weisenborn Jr. (individually or as a part of any combination, joint venture, limited
liability company, limited liability partnership, trust or partnership of which any of the
above are a part, the "Borrower"), all or a portion of the costs of equipping and related
improvements at facilities operated by Swanson Wiper Corporation in the Municipality
(the "Project") for use in connection with the manufacture of industrial wipers, and
related manufacturing and service activities and/or (ii) to fund bonds previously issued
by the Municipality to finance costs of equipping such facilities;
WHEREAS, Wisconsin Statutes Section 66.521(11)(b)1 provides that
construction work which is let by contract and which has an estimated cost exceeding
$5,000 may be financed with industrial revenue bonds only if the contract is let to the
lowest responsible bidder and proposals for the contract are advertised by publishing a
class 2 notice under Wisconsin Statutes Chapter 985;
WHEREAS, representations have been made to the Municipality that compliance
with the notice and public bidding requirements in Section 66.521(11)(b)1 may impair
the prompt and efficient completion of the Project (a) because of the delays associated
with those requirements and (b) because they may prohibit the Borrower from using the
contractors which, in the Borrower's judgment, are best suited to do work on the Project
regardless of whether they are the "lowest responsible bidder" as that term is used in
Wisconsin Statutes Section 66.521 (11 )(b)l;
WHEREAS, Wisconsin Statutes Section 66.521(11)(b)2 gives the Municipality
authority to waive the requirements of Wisconsin Statutes Section 66.521 (11 )(b)l;
NOW, THEREFORE, IT IS RESOLVED:
1. This Common Council finds that the imposition of the public notice
and bidding requirements of Wisconsin Statutes Section 66.521(11)(b)1 may impair the
prompt and efficient completion of the Project because of the delays associated with
those requirements and because they may prohibit the Borrower from using the
QBMKE~4605583. l
contractors which, in the Borrower's judgment, are best suited to do work on the Project
regardless of whether they are the "lowest responsible bidder" as that term is used in
Wisconsin Statutes Section 66.521 (11 )(b)l.
2. For the reasons stated above, this Common Council, pursuant to
the authority granted to it by Wisconsin Statutes Section 66.521(11)(b)2, waives the
requirements of Wisconsin Statutes Section 66.521 (11 )(b)l with respect to the Project.
FURTHER RESOLVED, that the City Clerk is directed to publish this resolution
as a class 1 notice under Wisconsin Statutes Chapter 985 (relating to publication of
official notices) in a newspaper eligible to make such a publication for the Municipality.
Adopted August__, 2000
City Clerk
Approved August ,2000
Mayor
NOTICE OF THE ADOPTION BY THE
CITY OF OSHKOSH, WISCONSIN
OF A RESOLUTION WAIVING THE
PUBLIC BIDDING REQUIREMENTS
OF WISCONSIN STATUTES SECTION 66.521(11)(b)1
The Common Council of the City of Oshkosh, Wisconsin, at a lawful meeting held
on August __, 2000, adopted a resolution pursuant to Wisconsin Statutes Section
66.521 waiving the public bidding requirements of that Section with respect to an issue
of industrial revenue bonds. The resolution read in its entirety as follows:
WHEREAS, the City of Oshkosh, Wisconsin (the "Municipality"), has by
resolution of its Common Council expressed its intent to issue bonds in one or more
series pursuant to Wisconsin Statutes Section 66.521 in an amount not to exceed
$6,000,000 for the purpose of financing on behalf of Swanson Wiper Corporation, a
Wisconsin corporation, Lawrence L. Swanson, Randall L. Swanson Sr., and/or James
R. Weisenborn Jr. (individually or as a part of any combination, joint venture, limited
liability company, limited liability partnership, trust or partnership of which any of the
above are a part, the "Borrower"), all or a portion of the costs of equipping and related
improvements at facilities operated by Swanson Wiper Corporation in the Municipality
QBMKE~4605583.1
(the "Project") for use in connection with the manufacture of industrial wipers, and
related manufacturing and service activities and/or (ii) to fund bonds previously issued
by the Municipality to finance costs of equipping such facilities;
WHEREAS, Wisconsin Statutes Section 66.521(11)(b)1 provides that
construction work which is let by contract and which has an estimated cost exceeding
$5,000 may be financed with industrial revenue bonds only if the contract is let to the
lowest responsible bidder and proposals for the contract are advertised by publishing a
class 2 notice under Wisconsin Statutes Chapter 985;
WHEREAS, representations have been made to the Municipality that compliance
with the notice and public bidding requirements in Section 66.521(11)(b)1 may impair
the prompt and efficient completion of the Project (a) because of the delays associated
with those requirements and (b) because they may prohibit the Borrower from using the
contractors which, in the Borrower's judgment, are best suited to do work on the Project
regardless of whether they are the "lowest responsible bidder" as that term is used in
Wisconsin Statutes Section 66.521 (11 )(b)l;
WHEREAS, Wisconsin Statutes Section 66.521(11)(b)2 gives the Municipality
authority to waive the requirements of Wisconsin Statutes Section 66.521 (11 )(b)l;
NOW, THEREFORE, IT IS RESOLVED:
1. This Common Council finds that the imposition of the public notice
and bidding requirements of Wisconsin Statutes Section 66.521(11)(b)1 may impair the
prompt and efficient completion of the Project because of the delays associated with
those requirements and because they may prohibit the Borrower from using the
contractors which, in the Borrower's judgment, are best suited to do work on the Project
regardless of whether they are the "lowest responsible bidder" as that term is used in
Wisconsin Statutes Section 66.521 (11 )(b)l.
2. For the reasons stated above, this Common Council, pursuant to
the authority granted to it by Wisconsin Statutes Section 66.521(11)(b)2, waives the
requirements of Wisconsin Statutes Section 66.521 (11 )(b)l with respect to the Project.
FURTHER RESOLVED, that the City Clerk is directed to publish the attached
Notice as a class 1 notice under Wisconsin Statutes Chapter 985 (relating to publication
of official notices) in a newspaper eligible to make such a publication for the Munici-
pality.
Dated: August__, 2000.
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City Clerk