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HomeMy WebLinkAbout91-166 � , Res 91-166 The City Council of the City of Oshkosh, Winnebago County, Wisconsin, met in regular, open, public session at its regular meeting place on April 18, 1991, at 7:00 o'clock P.M., with the following members present: Floyd R. Chapin, Robert C. Jungwirth, Kathleen M. Propp, Karen W. Fonstad, Melanie Bloechl , Donald Pressley and Thomas J. Binner and the following members absent: None * * * * (Other Business) The City Clerk stated that one purpose of the meeting was the consider- ation of proposals received for the purchase of $3,435,000 aggregate principal amount of Corporate Purpose Bonds, Series 1991-A, of the City of Oshkosh, pursuant to sealed bids. Thereupon the following resolution was introduced by Binner and read in full and, pursuant to motion made by Propp and seconded bY Pressley , was adopted by the following vote: Aye: Chapin, Jungwirth, Propp, Fonstad, Bloechl , Pressley, Binner Nay: None Absent or Not Voting: Nor�e - 16 - • Res 91-166 RESOLUTION determining to issue $3,435,000 Corporate Purpose Bonds, Series 1991-A, of the City of Oshkosh, Winnebago County, Wisconsin, providing details, prescribing the form of bond, awarding the bonds to the highest bidder, and levying taxes. WHEREAS, by initial resolutions duly adopted on March 7, 1991, there have been authorized to be issued bonds of the City of Oshkosh, Winnebago County, Wisconsin (the "City") for the public purpose projects as follows: $370,000 for the purpose of constructing and extending water mains; $634,250 for the purpose of constructing street improvements; $186,500 for the purpose of extending and improving public parks; $363,000 for the purpose of improving and extending the storm sewer system; $273,250 for the purpose of improving and extending the sanitary sewers of the City; $975,500 for the purpose of providing infrastructure project costs in Tax Incremental District No. 7; $632,500 for the purpose of providing infrastructure project costs in Tax Incremental District No. 8; and WHEREAS, official notice of the adoption of said initial resolutions was published on March 8, 1991, in The Oshkosh Northwestern, and, to the date of this Resolution, no petition has been filed with the City Clerk of the City requesting that any of said initial resolutions be submitted to the electors; and WHEREAS, the City is authorized by Section 67.05(13), Wisconsin Statutes, to combine bonds authorized under various initial resolutions into one issue; and WHEREAS, it is now necessary that said bonds be sold and issued for the purposes aforesaid in the aggregate principal amount of $3,435,000; and WHEREAS, pursuant to advertisement, sealed bids were received for the purchase of said corporate purpose bonds in said amount until 10:30 A.M., C.D.T., on �pril 18, 1991, which bids were publicly read at 11:00 A.M. on said date and are as follows: Name of Bidder Net Interest Rate Robert W. Baird & Co. , Milwaulcee, WI 3,189,043.37 n.827� Clayton Brown c� Associates, Inc. , Chicago, IL 3,205,019.52 6.8617 Kemper Securities Group, Inc. , Chicago, IL 3,221,Q78.96 6.8900 Harris Trust and Savings Bank, Chicago, IL 3,222,332.25 6.�987 -2- - 16a - � Res 91-166 ; and WHEREAS, the bid of Robert W. Baird & Co. , of Milwaukee , Wisconsin , and associates at a price of $3,435,158.3G plus accrued interest to the date of delivery, was the best bid submitted, which bid is as follows: -3- - 16b - Res 91-166 OFFICIAL BID FORM TO: Mr. Edward A. Nokes, Finance Director SALE DATE: April 18, 1991 City of Oshkosh 215 Church Avenue Oshkosh, WI 54902 (414) 236-5006 RE: $3,435,000 Corporate Purpose Bonds, Series 1991-A For the Bonds of this Issue which shall mature and bear interest at the respective annual rates, as follow, we offer a price of $���'�.5, /.S �" .� (Note: This amount may not be less than $3,435,000) and accrued interest� the d te of delivery: �� % 1992 ��v % 1997 7. �� , � ��% 2002 E; �, % 2007 % 1993 � _ % 1998 �,G,� % 2003 �� % 2008 % 1994 �. � % 1999 ���d % 2004 ' � % 2009 % 1995 -� % 2000 _�% 2005 �,��" °�6 2010 % 1996 � �(? % 2001 � �� °� 2006 In making this offer we accept all of the terms and conditions of the Official Notice of Sale published in the Official Statement dated April 4, 1991. In the event of failure to deliver these Bonds in accordance with the Officiaf Notice of Sale as printed in the Official Statement and made a part hereof, we reserve the right to withdraw our offer, whereupon the deposit accompanying it will be immediately returned. All blank spaces of this offer are intentional and are not to be construed as an omission. Not as a part of our offer, the above quoted prices being controlling, but only as an aid for the verification of the offer, we have made the following computations: NET INTEREST COST: $ -�. ���, ���r`�--� NET EFFECTIVE RATE: � S� % Account Members � ,.J� �,,,c, cv/u , ccount Manager :i BY: �i�b�,r�- 1�.�, �{3�-� �� � C��. I nC The foregoing offer is hereby accepted by the Issuer on the date of the offer by its following offic�rs duly authorized and empowered to make such acceptance. Finance Director/Treasurer City Manager Received good faith check for return to bidder. SPRINGSTED Incorporated by - 16c - � • Res 91-166 NOW, THEREFORE, Be It Resolved by the City Council of the City of Oshkosh, Winnebago County, Wisconsin, as follows: Section 1. Definitions. For all purposes of this Resolution, except as otherwise expressly provided herein or unless the context otherwise requires, the terms defined in this Section 1 shall have the meanings set forth below, and shall include the plural as well as the singular: "Bond" or "Bonds" shall mean one or more of the Corporate Purpose Bonds, Series 1991-A, authorized to be issued by the terms of this Resolution. "Bond Register" shall mean the books of the City kept by the Registrar to evidence the registration and transfer of the Bonds. "City" shall mean the City of Oshkosh, Winnebago County, Wisconsin. "Governing Body" shall mean the City Council of the City. "Registrar" shall mean First Wisconsin Trust Company, in Milwaukee, Wisconsin, or a successor designated as Registrar hereunder. "Resolution" shall mean this resolution as adopted by the Governing Body of the City. Seetion 2. Authorization. The issuance of $3,435,000 aggregate principal amount of corporate purpose bonds is hereby authorized for the purpose of providing funds in the amounts and for the projects set out in the preamble hereto. The Bonds shall be designated "Corporate Purpose Bonds, Series 1991-A", shall be dated May 1, 1991, as originally issued, and shall also bear the date of their authentication by the Registrar. The Bonds shall be in fully registered form, shall be in denominations of $5,OU0 each and integral multiples thereof (but no single Bond shall represent installments of principal maturing on more than one date), shall be numbered consecutively starting with the number one, shall mature serially on December 1 of each of the years 1992 to 2010, inclusive, in the amounts and shall bear interest at the rates per annum, as follows: Principal Interest Principal Interest Year Amount Rate Year Amount Rate 1992 $30,000 8.0 % 2001 270,000 6.3 % 1993 30,000 8.0 2002 230,000 6.45 1994 30,000 8.0 2003 $195,000 6.6 1995 80,000 8.0 2004 175,000 6.7 1996 135,000 8.0 2005 160,000 6.75 1997 105,000 8.0 2006 105,000 6.8 1998 120,000 7.15 2007 305,000 6.85 1999 80,000 6.1 2008 355,000 6.9 2000 235,000 6.2 2009 375,000 6.95 2010 420,000 7.0 -5- - 16d - � • Res 91-166 Section 3. Interest; Payment Provisions. The Bonds shall bear interest from their date or from the most recent interest payment date to which interest has been paid or duly provided for, at the rates set out above, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on June 1 and December 1 of each year, commencing on June 1, 1992. Interest on each Bond shall be paid by check or draft of the Registrar to the person in whose name such Bond is regis- tered at the close of business on the fifteenth day of the calendar month next preceding the applicable interest payment date. The principal of each Bond shall be payable in lawful money of the United States of America upon presentation and surrender of such Bond at the principal corporate trust office of the Registrar in Milwaukee, Wisconsin. Seetion 4. Ezecution; Authentication. The Bonds shall be executed on behalf of the City with the facsimile signature of the City Manager of the City and with the facsimile signature of the City Clerk of the City, and sealed with the official seal of the City or a printed facsimile thereof. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signa- ture shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. All Bonds shall have thereon a certificate of authentication substantially in the form hereinafter set forth duly executed by the Registrar as authenticating agent of the City and showing the date of authentication thereof. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Resolution unless and until such certificate of authentication shall have been duly executed by the Registrar by manual signature, and such certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Resolution. The certificate of authentication on any Bond shall be deemed to have been exeeuted by the Registrar if signed by an authorized officer of the Registrar, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Bonds issued hereunder. Section 5. Registration of Bonds; Persons Treated as Owners. The City shall cause books (the "Bond Register") for the registration and for the transfer of the Bonds as provided in this Resolution to be kept at the principal corporate trust office of the Registrar, which is hereby constituted and appointed the registrar of the City with respect to the Bonds herein authorized. Upon surrender for transfer of any Bond at the principal corporate trust office of the Registrar duly endorsed by, or accompanied by a written instrument or instruments of transfer in form satisfactory to the Registrar duly executed by, the registered owner thereof or his attorney duly authorized in writing, the City shall execute and the Registrar shall authenticate, date and deliver in the name of the trans- feree or transferees a new fully registered Bond or Bonds of the same maturity of authorized denomination or denominations, for a like aggregate principal amount. Any fully registered Bond or Bonds may be exchanged at said office of the Registrar for a like aggregate principal amount of Bond or Bonds of the same maturity of other authorized denominations. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Bond and the Registrar shall thereby be authorized to authenticate, date and deliver such Bond; provided, however, that the principal amount of the outstanding Bonds authenticated by the Registrar shall never exceed the author- ized principal amount of the Bonds, less previous retirements. -6- - 16e - � Res 91-166 The Registrar may, but shall not be required to, transfer or exchange any Bond during the period of fifteen (15) days next preceding any interest payment date on such Bond, nor to transfer or exchange any Bond after notice calling such Bond for pre- payment has been mailed nor during the period of fifteen (15) days next preceding mailing of a notice of prepayment of any Bonds. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of, premium (if any) or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. No service charge shall be made for any transfer or exchange of Bonds, but the City or the Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds except in the case of the issuance of a Bond or Bonds for the unre- deemed portion of a Bond surrendered for redemption. Section 6. Prior Redemption. Bonds maturing on and after December 1, 2001, shall be subject to redemption prior to maturity at the option of the City as a whole, or in part in inverse order of their maturity (less than all of the Bonds of a single maturity to be selected by the Registrar as hereinafter provided), on December 1, 2000, and on any interest payment date thereafter, at a redemption price of par plus accrued interest to the date fixed for redemption. The Bonds shall be redeemed only in the principal amount of $5,000 each and integral multiples thereof. At least forty-five (45) days prior to the date fixed for redemption (unless a shorter notice shall be satisfactory to the Registrar), the City shall notify the Registrar of such date fixed for redemption and of the principal amount of Bonds to be redeemed. For purposes of any redemption of less than all of the outstanding Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by the Registrar from the outstanding Bonds of the longest maturity then outstanding by such method as the Registrar shall deem fair and appropriate, and which may provide for the selection for redemption of Bonds or portions of Bonds in principal amounts of $5,000 and integral multiples thereof. The Registrar shali promptly notify the City in writing of the Bonds or portions of Bonds selected for redemption prior to maturity and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. Section 7. Redemption Procedure. Unless waived by any registered owner of Bonds (or portions thereof) to be redeemed, notice of the call for any such redemption prior to maturity shall be given by the Registrar on behalf of the City by mailing the redemption notice by registered or certified mail, postage prepaid, not less than thirty (30) days prior to the date fixed for redemption to the registered owner of the Bond or Bonds to be so redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such registered owner to the Registrar. Failure to give such notice by mailing to any owner of any Note, or any defect therein, shall not affect the validity of any proceedings for the redemption of any other Notes. -7- - 16f - � Res 91-166 All notices of redemption shall state: (1) the date fixed for redemption, (2) the redemption price, (3) if less than all outstanding Bonds are to be redeemed, the identification, including CUSIP numbers (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (4) that on the date fixed for redemption the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and (5) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal corporate trust office of the Registrar. Prior to any redemption date, the City shall deposit with the Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. Notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the date fixed for redemption, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Registrar at the redemption price. Installments of interest due on or prior to the date fixed for redemption shall be payable as herein provided for payment of interest. Upon surrender for any partial redemption of any Bond, there shall be prepared for the registered owner a new Bond or Bonds of the same maturity in the amount of the unpaid principal. All Bonds which have been redeemed shall be cancelled and destroyed by the Registrar and shall not be reissued. Seetion 8. Form of Bonds. The Bonds, the certificate of authentication to be endorsed thereon and the form of assignment to be endorsed thereon are all to be in substantially the following forms with necessary and appropriaie variations, omissions and insertions as permitted or required by this Resolution: -8- -16g - • Res 91-166 (Form of Bond) United States of America State of Wisconsin County of Winnebago City of Oshkosh Corporate Purpose Bond, Series 1991-A See Reverse Side For Additional Provisions No. Rate of Interest Maturity Date Dated Date Cusip Number December 1, May 1, 1991 Registered Owner: Principal Amount: HNOW ALL MEN BY THESE PRESENTS: That the City of Oshkosh in the County of Winnebago, Wisconsin (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner hereinabove identified, or regis- tered assigns as hereinafter provided, on the Maturity Date hereinabove identified, the Prineipal Amount hereinabove identified and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the Dated Date hereinabove identified or from the most recent interest payment date to which interest has been paid at the Rate of Interest per annum hereinabove identified on June 1 and December 1 of each year, commencing on June 1, 1992, until said Principal Amount is paid, except as the provisions hereinafter set forth with respect to redemption prior to maturity may be and become applicable hereto. The principal of this Bond is payable in lawful money of the United States of America upon presentation and surrender of this Bond at the principal corporate trust office of First Wisconsin Trust Company, in Milwaukee, Wisconsin, as registrar and paying agent (the "Registrar"). Payment of each installment of interest hereon shall be made to the registered owner hereof who shall appear on the registration books of the City maintained by the Registrar at the close of business on the fifteenth day of the calendar month next preceding the applicable interest payment date and shall be paid by check or draft of the Registrar mailed to such registered owner at his address as it appears on such registration books or at such other address as may be furnished in writing by such registered owner to the Registrar. -9- - 16h - • Res 91-166 Reference is hereby made to the further provisions of this Bond set forth on the reverse side hereof, and such further provisions shall for all purposes have the same effect as if set forth on the front side hereof. It is hereby certified, recited and declared that all acts, conditions and things required to be done, exist, happen and be performed precedent to and in the issu- ance of this Bond have been done, have existed, have happened and have been performed in due time, form and manner as required by the Constitution and statutes of the State of Wisconsin, that this Bond, together with all other indebtedness of the City, does not exceed any limitation prescribed by law, and that the City has levied a direct annual irrepealable tax sufficient to pay the interest hereon when it falls due and also to pay and discharge the principal hereof at maturity. The full faith, credit and resources of the City are hereby pledged for the payment of the principal of and interest on this Bond and the issue of which it is a part as the same respectively become due and for the levy and collection of sufficient taxes for that purpose. This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Registrar. IN WITNESS WHEREOF the City of Oshkosh, Winnebago County, Wisconsin, by its City Council, has caused this Bond to be executed with the duly authorized fac- simile signature of its City Manager and with the duly authorized facsimile signature of its City Clerk and its official seal or a facsimile thereof to be impressed or reproduced hereon, as of the Dated Date hereinabove identified. (facsimile signature) (facsimile signature) City Clerk City Manager [SEAL] CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within mentioned Resolution, and is one of the Corporate Purpose Bonds, Series 1991-A, of the City of Oshkosh, Winnebago County, Wisconsin. Date of Authenticatian: FIRST WISCONSIN TRUST COMPANY, as Bond Registrar By Authorized Officer -10- - 16i - � • Res 91-166 [Form of Bond - Reverse Side] This Bond is one of an authorized issue of Bonds aggregating the principal amount of $3,435,000 (the "Bonds") issued to pay the cost of providing public projects in the amounts and for the purposes as follows: $370,000 for the purpose of constructing and extending water mains; $634,250 for the purpose of constructing street improvements; $186,500 for the purpose of extending and improving public parks; $363,000 for the purpose of improving and extending the storm sewer system; $273,250 for the purpose of improving and extending the sanitary sewers of the City; $975,500 for the purpose of providing infrastructure project costsin Tax Incremental District No. 7; $632,500 for the purpose oF providing infrastructure project costs in Tax Incremental District No. 8; and pursuant to and in all respects in compliance with Chapter 67, Wisconsin Statutes, and a resolution adopted by the City Council of the City on April 18, 1991. Bonds of the issue of which this Bond is one maturing on and after December 1, 2001, are subject to redemption prior to maturity at the option of the City as a whole, or in part in inverse order of their maturity (in integral multiples of $5,000, less than all the Bonds of a single maturity to be selected by the Registrar in such manner as it shall deem fair and appropriate) on December 1, 2000, and on any interest payment date thereafter, at a redemption price of par plus accrued interest to the date fixed for redemption. Notice of any intended redemption shall be sent by registered or certified mail, postage prepaid, not less than thirty (30) days prior to the date fixed for redemp- tion to the registered owner of each Bond to be redeemed (in whole or in part) at the address shown on the registration books of the City maintained by the Registrar or at such other address as is furnished in writing by such registered owner to the Registrar. When so called for redemption, this Bond, or the portion hereof being so called for redemption, will cease to bear interest on the specified redemption date, provided funds for redemption are on deposit at the place of payment at that time, and shall not be deemed to be outstanding. This Bond is transferable by the registered owner hereof in person or by his attorney duly authorized in writing at the principal corporate trust office of the Regis- trar in Milwaukee, Wisconsin, but only in the manner, subject to the limitations and upon payment of the charges provided in the authorizing resolution, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of the same maturity -11- - 16j - - Res 91-166 of authorized denomination or denominations, for a like aggregate principal amount will be issued to the transferee in exchange herefor. The Bonds are issuable in fully registered form in denominations of $5,000 each and integral multiples thereof. This Bond may be exchanged at the principal corpo- rate trust office of the Registrar for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations, upon the terms set forth in the author- izing resolution. The City and the Registrar may deem and treat the registered owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes and neither the City nor the Registrar shall be affected by any notice to the contrary. ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint , or its successor as Registrar, to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Signature guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. Section 9. Sale of Bonds. The sale of the Bonds to Robert W. Baird & Co. and associates, at the price of $ 3,435,158.30 plus accrued interest to the date of delivery, is hereby confirmed. The City Treasurer of the City is hereby authorized to deliver the Bonds to said purchasers upon payment of the purchase price. Section 10. Use of Proceeds; No Arbitrage; Bonds to Remain in Registered Form. The principal proceeds of the Bonds shall be deposited in a special fund and used solely for the purpose for which the Bonds were authorized. The principal proceeds from the sale of the Bonds shall be used only to pay the costs of public projects aforesaid and the Governing Body hereby covenants and agrees that said principal proceeds shall be devoted to and used with due diligence for such purposes. -12- - 16k - � � - Res 91-166 The Governing Body hereby directs the City Treasurer to create a trust fund into which there shall be deposited any monies which must be rebated to the United States by reason of investment of the proceeds of the Notes. The Governing Body of the City recognizes that the purchasers and owners of the Bonds will have accepted them on, and paid therefor a price which reflects, the understanding that interest thereon is exempt from Federal income taxation under laws in force at the time the Bonds shall have been delivered. In this connection the City agrees that it shall take no action which may render the interest on any of the Bonds subject to Federal income taxation and that the principal proceeds of the sale of the Bonds shall be devoted to and used with due diligence for the purpose for which the Bonds are hereby authorized to be issued. The City Manager, the City Clerk, the City Finance Director and the City Treasurer of the City, or any of them, are hereby authorized to execute on behalf of the City a Certificate and Agreement with Respect to Tax Exemption to assure the purchasers and owners of the Bonds that the proceeds of the Bonds are not expected to be used in a manner which would or might result in the Bonds being "arbitrage bonds" under Section 148 of the Internal Revenue Code of 1986, (the "Code") or the regulations of the United States Treasury Department currently in effect or proposed. Such Certifi- cate and Agreement With Respect to Tax Exemption shall constitute a representation, certification and covenant of the City and shall be incorporated herein by reference, and no investment of Bond proceeds or of moneys accumulated to pay the Bonds herein authorized shall be made in violation of the expectations prescribed by said Certificate and Agreement With Respect to Tax Exemption. The Governing Body of the City further recognizes that Section 149(a) of the Code requires the Bonds to be issued and to remain in fully registered form in order that interest thereon is exempt from Federal income taxation under laws in force at the time the Bonds are delivered. In this connection, the City agrees that it will not take any action to permit the Bonds to be issued in, or converted into, bearer or coupon form. Section 11. Duties of Registrar. If requested by the Registrar, the City Manager of the City is hereby authorized to execute, and the City Clerk of the City is hereby authorized to attest, and said City Manager and City Clerk are hereby authorized to deliver, the Registrar's standard form of agreement between the City and the Registrar with respect to the obligations and duties of the Registrar hereunder which shall include the following: (a) to act as Registrar, authenticating agent, paying agent and transfer agent as provided herein; (b) to give notice of redemption of Bonds as provided herein; (c) to cancel and destroy Bonds which have been paid at maturity or upon earlier redemption or submitted for exchange or transfer; (d) to furnish the City at least annually a certificate of destruction with respect to Bonds cancelled and destroyed; and (e) to furnish the City at least annually an audit confirmation of Bonds paid, Bonds outstanding and payments made with respect to interest on the Bonds. -13- - 16L - � - Res 91-166 Section 12. Taa Levy. In order to provide for the collection of a direct annual tax sufficient to pay the interest on the Bonds and to pay and discharge the prin- cipal thereof at maturity, there is hereby levied upon all the taxable property in the City of Oshkosh a direct annual tax in amounts sufficient for that purpose, to-wit: Year Amount Year Amount 1991 $403,762 2001 $388,220 1992 263,660 2002 338,385 1993 261,2n0 2003 305,515 1994 308,860 2004 27�5,7�0 1995 357,460 2005 212,990 1996 316,660 2006 405,850 1997 323,260 2007 434,958 1998 274,680 2008 430,463 1999 42��g�Q 2009 449,400 2000 445,230 In each of said years from 1991 to 2009, inclusive, the direct annual tax above levied shall be extended upon the tax rolls of the City in the same manner and time as taxes for general city purposes, and when collected the proceeds of said taxes shall be deposited into the account of the debt service fund established in favor of the Bonds, to be used solely for paying the principal of and interest on the Bonds as long as any of the Bonds remain outstanding. Seetion 13. Sufficiency. Interest or principal maturing at any time during the life of the Bonds when there shall be insufficient funds on hand from the above tax levy to pay the same shall be paid promptly when due from the general fund of the City, and said fund shall be reimbursed in a like amount out of the proceeds of taxes hereby levied when the same shall have been collected. Section 14. Debt Service Fund. There has been ordered to be established in the City Treasury a fund separate and distinet from all other funds of the City to be designated the "Debt Service Fund", which fund shall be used solely for the purpose of paying principal of, premium, if any, and interest on municipal obligations issued pursuant to Chapter 67, Wisconsin Statutes. There is hereby created, and there shall be deposited in, an account known as the "Series 1991-A Corporate Purpose Bond Account", to be held as a part of the Debt Service Fund, all premium, if any, and accrued interest paid on the Bonds at the time the Bonds are delivered to the purchasers thereof; all money raised by taxation pursuant to Section 12 hereof; and such other sums as may be necessary to pay interest on the Bonds when the same shall become due and to retire the Bonds at their respective maturity dates. Section 15. Prior Action. The action of the Director of Finance of the City in publishing notice of the sale of the Bonds is hereby in all respects ratified and confirmed. Section 16. Severability. If any section, paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforeeability or such section, paragraph or provision shall not affect any of the remaining sections, paragraphs and provisions of this Resolution. -14- - 16m - - Res 91-166 Section 17. Other pocuments. The City Manager, the City Clerk, the City Treasurer, the City Finance Director and all other officers of the City are hereby authorized to execute all documents and certificates necessary in connection with the authorization and delivery of the Bonds, including without limitation an official state- ment describing the Bonds and the City. Section 18. Conflicting Proceedings Superseded. All ordinances, resolu- tions or orders, or parts thereof, heretofore enacted, adopted or entered, in conflict with the provisions of this Resolution, shall be and in the same are hereby superseded to the extent of such conflict, and this Resolution shall be in effect from and after its passage. Adopted April 18, 1991. Approved April �, 1991. Recorded April �, 1991. (SEAL) � " .L r �/.y`j,. Attest: ayor N�z�ti7�r�' ��� ,�zl��C� City Clerk -15- - 16n - � • Res 91-166 STATE OF WISCONSIN ) ) SS. COUNTY OF WINNEBAGO ) I, Donna C. Serwas, hereby certify that I am the duly qualified and acting City Clerk of the City of Oshkosh, Winnebago County, Wisconsin, and as such official I further certify that attached hereto is a copy of excerpts from the minutes of the meeting of the City Council of said City held on April 18, 1991; that I have compared said copy with the original minute record of said meeting in my official custody; and that said copy is a true, correct and complete transcript from said original minute record insofar as said original record relates to the $3,435,000 aggregate principal amount of Corporate Purpose Bonds, Series 1991-A, of said City, dated May 1, 1991. WITNESS my official signature and the seal of said City this 18th day of April, 1991. ��1`Z'6�1�1��s� �- �2Ll�`�!� City Clerk (SEAL) - 160 - a� � 0 a � � a a� +� b � 0 n. � 0 U Q p c- .--.� O O� ^ �� r- I--� L(') � � (n N M N al O W W �O d' QJ Ol ¢ ¢ Z � ..-� c- �- M S.. 1 Ef} QJ � � Ol aJ �- • � � > Z W O in --+ O �--+ . 5_ 'C3 •.-i r--i d' N a C � H �' � Q O� Q � U