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HomeMy WebLinkAbout04. 14-445 OCTOBER 14, 2014 14-445 RESOLUTION (CARRIED___7-0___ LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: AMEND RESOLUTION 14-411 AUTHORIZING BORROWING FROM STATE LAND TRUST ($1,250,000.00) INITIATED BY: CITY ADMINISTRATION WHEREAS, the Common Council by Resolution 14-411 amended the 2014 Capital Improvement Program for the purpose of including street and utility construction, including the grading of lots, within the Southwest Industrial Park to be funded through a State Trust Fund Loan; and WHEREAS, a new application was necessary for the State Land Trust Fund Loan for a 10 year loan for these purposes; and WHEREAS, by the provisions of sec. 24.66 of the Wisconsin Statutes, all municipalities may borrow money from the State Land Trust for such purposes in the manner prescribed; and, WHEREAS, 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), 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. 281.43 (4), school district or technical college district.) NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the City of Oshkosh, in the County of Winnebago, Wisconsin, is authorized to borrow from the Trust Funds of the State of Wisconsin, a sum of up to One Million Two Hundred Fifty Dollars ($1,250,000.00) for the purpose of completing street and utility construction, including the grading of lots, within the Southwest Industrial Park. The loan is to be payable within 10 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 3.5 percent per annum from the date of making the loan to the 15th day of March next and thereafter annually as provided by law. BE IT FURTHER RESOLVED, that there shall be raised and there is levied upon all taxable property, within the City of Oshkosh, in the County of Winnebago, Wisconsin, a direct annual tax for the purpose of paying interest and principal on the loan as they OCTOBER 14, 2014 14-445 RESOLUTION CONT'D BE IT FURTHER RESOLVED, that no money obtained by the City of Oshkosh by such loan from the state be applied or paid out for any purpose except for the purpose of completing street and utility construction, including the grading of lots,within the Southwest Industrial Park without the consent of the Board of Commissioners of Public Lands. BE IT FURTHER RESOLVED, that in case the Board of Commissioners of Public Lands agrees to make the loan, that the City Manager and Clerk of the City of Oshkosh in the County of Winnebago, Wisconsin, are authorized and empowered, in the name of the City 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 City pursuant to this resolution. The City Manager and Clerk of the City will perform all necessary actions to fully carry out the provisions of Chapter 24 Wisconsin Statutes, and these resolutions. BE IT FURTHER RESOLVED, 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 City forward this certified record, along with the application for the loan, to the Board of Commissioners of Public Lands of Wisconsin. BE IT FURTHER RESOLVED that the appropriate city officials are hereby authorized and directed to take such further action and to sign all documents necessary to accomplish said purposes. CITY HALL 215 Church Avenue P.O.Box 1130 - Oshkos 5 903-1130 v�`y �� Oshk�sh � � O.IHKQlH TO: Honorable Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: October 9, 2014 RE: Amend Resolution 14-411 Authorizing Borrowing from State Land Trust ($1,250,000) BACKGROUND By resolution 14-411 adopted on September 9, 2014, the Council amended the 2014 Capital Improvements Program to add additional grading work in the Southwest Industrial Park to be funded through a State Trust Fund Loan. After the passage of that resolution, it was determined that although the City had filed a previous application for borrowing in an amount sufficient to account for this additional funding, the City would need to file a new application for the State Trust Fund Loan to specify the new lower amount and to modify the loan purpose to specifically include the newly proposed grading work. In addition, the term for the loan was adjusted to be a 10 year loan with a 3.5% interest rate, as opposed to the 20 year 4.25% interest rate loan identified in the original resolution. ANALYSIS The proposed resolution amends the previous resolution to comply with the State Land Trust requirements, to specifically identify the purpose of the loan and to include the modified term and interest rate. The term was adjusted to be consistent with other State Trust Fund Loans in TID's which have historically been 10 year loans and to obtain the more favorable interest rate associated with the shorter term loan. FISCAL IMPACT As noted at the September 9th meeting when this was originally considered, it is anticipated that the State Trust Fund loan will be repaid from the proceeds of land sales in the Southwest Industrial Park. The change from a 20 year loan at C�a 4.25% interest to a 10-year loan with a 3.5% interest rate will mean a higher yearly repayment but the City will see a savings in interest with a lower rate over a shorter repayment term. RECOMMENDATION Staff recommends adoption of the proposed resolution. Respectfully Submitted, Approved: �c�no, �o.;� ,�.<-� ;_.._.�� ���-��/ � � Trena Larson Mark A. Rohloff Finance Director City Manager 1/L nn . Lorenson City Attorney