HomeMy WebLinkAbout02-45.docFEBRUARY 12, 2002 02-45 RESOLUTION
(CARRIED 7-0
LOST LAID OVER WITHDRAWN
PURPOSE:
INITIATED BY:
RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENTS
INDUSTRIAL DEVELOPMENT REVENUE BONDS-
SERV-ICE, 2715 W. 20TM AVENUE
CITY ADMINISTRATION
CITY OF OSHKOSH, WISCONSIN
RESOLUTION WAIVING THE PUBLIC BIDDING REQUIREMENTS
OF WISCONSIN STATUTES SECTION 66.1103(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 66.1103 in an amount not to exceed
$1,750,000 for the purpose of financing on behalf of S.-I., Inc., a Wisconsin corporation
(d/b/a Serv-lce), Iceman Investment LLC, a Wisconsin limited liability company, Thomas
R. Leske and/or Jean M. Leske (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
expansion, equipping and related improvements of a facility in the Municipality (the
"Project") for use in connection with the manufacture of ice and related manufacturing
and service activities;
WHEREAS, Wisconsin Statutes Section 66.1103(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 66.1103(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 66.1103(11 )(b)l;
WHEREAS, Wisconsin Statutes Section 66.1103(11)(b)2 gives the Municipality
authority to waive the requirements of Wisconsin Statutes Section 66.1103(11 )(b)l;
NOW, THEREFORE, IT IS RESOLVED:
]. This Common Council finds that the imposition of the public notice
and bidding requirements of Wisconsin Statutes Section 66.1103(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 66.1103(11 )(b)l.
2. For the reasons stated above, this Common Council, pursuant to
the authority granted to it by Wisconsin Statutes Section 66.1103(11)(b)2, waives the
requirements of Wisconsin Statutes Section 66.1103(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 February 12, 2002
City Clerk
Approved February 12, 2002
Mayor
NOTICE OF THE ADOPTION BY THE
CITY OF OSHKOSH, WISCONSIN
OF A RESOLUTION WAIVING THE
PUBLIC BIDDING REQUIREMENTS
OF WISCONSIN STATUTES SECTION 66.1103(11)(B)1
The Common Council of the City of Oshkosh, Wisconsin, at a lawful meeting held
on February 12, 2002, adopted a resolution pursuant to Wisconsin Statutes Section
66.1103 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 66.1103 in an amount not to exceed
$1,750,000 for the purpose of financing on behalf of S.-I., Inc., a Wisconsin corporation
(d/b/a Serv-lce), Iceman Investment LLC, a Wisconsin limited liability company, Thomas
R. Leske and/or Jean M. Leske (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
expansion, equipping and related improvements of a facility in the Municipality (the
"Project") for use in connection with the manufacture of ice and related manufacturing
and service activities;
WHEREAS, Wisconsin Statutes Section 66.1103(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 66.1103(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 66.1103(11 )(b)l;
WHEREAS, Wisconsin Statutes Section 66.1103(11)(b)2 gives the Municipality
authority to waive the requirements of Wisconsin Statutes Section 66.1103(11 )(b)l;
NOW, THEREFORE, IT IS RESOLVED:
]. This Common Council finds that the imposition of the public notice
and bidding requirements of Wisconsin Statutes Section 66.1103(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 66.1103(11 )(b)l.
2. For the reasons stated above, this Common Council, pursuant to
the authority granted to it by Wisconsin Statutes Section 66.1103(11)(b)2, waives the
requirements of Wisconsin Statutes Section 66.1103(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
Municipality.
Dated: February ,2002.
City Clerk
NOTICE TO RESIDENTS OF
CITY OF OSHKOSH, WISCONSIN
An open meeting of the Common Council of the City of Oshkosh, Wisconsin, will be
held at the City Hall, on February 12, 2002, commencing at 6:00 p.m.
The meeting will be held to consider:
(a) Adoption of an initial and reimbursement resolution and a resolution
waiving public bidding requirements in connection with the issuance by the City of
Oshkosh, of its industrial revenue bonds in a principal amount not to exceed
$1,750,000, on behalf of S.-I., Inc., a Wisconsin corporation (d/b/a Serv-lce), Iceman
Investment LLC, a Wisconsin limited liability company, Thomas R. Leske and/or Jean
M. Leske (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) to finance the costs of expansion, equipping and related improvements of a
facility in the City of Oshkosh (the "Project"), for use in connection with the manufacture
of ice and related manufacturing and service activities. Information with respect to the
job impact of the Project will be available at the time of consideration of the initial
resolution.
(b) Other items set forth on the agenda for the meeting. Copies of the
agenda are or will be available in the municipal offices prior to the meeting.
Dated: ., 2002.
City Clerk