HomeMy WebLinkAbout90-25 . � Res. #90-25
The City Council of the City of Oshkosh, Winnebago County, Wiseonsin,
met in regular, open, public session at its regular meeting place on April 19, 1990, at 7:00
o'clock P.M., with the following members present:
Don H. Kutchera, Kathleen M. Propp, James A. Mather, Donald W. Pressley and
Thomas J. Binner
and the following members absent:
Robert C. Jungwirth and Floyd R. Chapin
* * * *
(Other Business)
The City Clerk stated that one purpose of the meeting was the consider-
ation of proposals received for the purchase of $3,810,000 aggregate principal amount of
Corporate Purpose Bonds, Series 1990-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 Pressley and seconded
bY Pro�r� , was adopted by the following vote:
Aye:
Propp, Mather, Pressley, Binner
Nay' Kutchera
Absent or Not Voting: �ungwi rth, Chap i n
. � Res. #90-25
' RESOLUTION determining to issue $3,810,000 Corporate Purpose
Bonds, Series 1990-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 15, 1990, 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:
$460,000 for the purpose of constructing and extending water mains;
'; $1,095,000 for the purpose of constructing street improvements;
� $143,000 for the purpose of extending and improving public parks;
$507,000 for the purpose of improving and extending the storm sewer
system;
� $321,000 for the purpose of improving and extending the sanitary
: sewers of the City;
$1,284,000 for the purpose of providing community development
project costs in Tax Incremental District No. 7;
and
WHEREAS, official notice of the adoption of said initial resolutions was
published on March 16, 1990, 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 $3,810,000; and
WHEREAS, pursuant to advertisement, sealed bids were received for the
purchase of said eorporate purpo�e donds in said amount until 10:30 A.M., C.D.T., on
April 19, 1990, whieh 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. , Milwaukee, WI $2,727,768.80 - 7.2397�
First Wisconsin National Bank of Milwaukee,
Milwaukee, WI 2,734,557.84 - 7.2578
Prudential-Bache Securities, Chicago, IL 2,736,933.96 - 7.2641
Northern Trust Co. , Chicago, IL 2,742,064.42 - 7.27772
Harr's Trust and Savings Bank 2,783,437.96 - 7.3875
; aII�
WHEREAS, the bid of Robert W. Baird & Co. ,
of Milwaukee , Wisconsin , and
associates at a price of $3,81Q,033.70 plus accrued interest to the date of delivery, was
the best bid submitted, which bid is as follows:
-2-
, BID FOBM
MEMBERS OF THE CITY COUNCIL April 19, 1990
CITY OF OSHKOSH, WISCONSIN
We offer to purchase the $3,810,000 Corporate Purpose Bonds, Series
1990A, of the City of Oshkosh, Wisconsin, to be dated May 1, 1990, and
offered for sale on the above date, on the terms and conditions stated in
the Official Notice of Sale and the Preliminary Official Statement
therefor, for a price of $ �y �=' (not less than $3,810,000) and
accrued interest to date f delivery. The Bonds of the various
maturities to bear interest at the following annual rates:
��Y. for Bonds due December 1, 1991
�j�9� for Bonds due December 1, 1992
�9: for Bonds due December l, 1993
Y. for Bonds due December i, 1994
y for Bonds due December 1, 1995
�(-�C?Y. for Bonds due December 1, 1996
�.��� for Bonds due December l, 1997
�'���9: for Bonds due December 1, 1998
'�'/. for Bonds due December 1, 1999
�7 C:�; y for Bonds due December 1, 2000
7�`(,>% for Bonds due December 1, 2001
���Y for Bonds due December l, 2002
7 2(JY. for Bonds due December 1, 2003
�� for Bonds due December l, 2004
��� for Bonds due December 1, 2005
Our computation of the total amount of interest from date of issue to
maturity represented by the interest rates specified above, and of the
net interest cost of this bid, while not a part of this bid, are set
forth below.
This bid is made for prompt acceptance and subject to the conditions
of the Official Notice of Sale. We enclose, herewith, our certified or
bank cashier's check or treasurer's check, in the amount of $75,000,
which is to be held by the City pending compliance with the conditions of
this bid.
Res ectfully submitted,
��6 �� �� . � ` , �-��� .--�� .
yndicate Manager
�
c
_ � �.Cl.�ti-L„ i
By ,
Interest Computation
We compute the total amount of interest from date of issue to
maturity, repre nted by the interest rates specified in the bid, to be
- ����TT�i.��✓ for a Net Rate of 7� Z.3� % %.
The foregoing bid is hereby accepted by and on behalf of the City of •
Oshkosh, Wisconsin this 19th day of April, 1990.
City Manager
D9rector of Finxnr.P/TrPasurPr
. Res. #90-25
NOW, THEREFOftE, 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 1990-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.
Section 2. Authorization. The issuance of $3,810,000 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 1990-A", shall be dated May 1, 1990, 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 $5,000 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 1991 to 2005,
inclusive, in the amounts and shall bear interest at the rates per annum, as follows:
Principal Interest Principal Interest
Year Amount R2te Year �,«_QUnt Rate
1991 $50,000 8.5 % 1999 $290,000 7•00 %
1992 70,000 8.75 2000 370,000 7.05
1993 85,000 8.75 2001 480,000 7.10
1994 140,000 8.75 2002 355,000 7.15
1995 190,000 8.75 2003 310,000 �•20
1996 370,000 7.60 2004 220,000 �•25
1997 330,000 6.85 2005 230,000 7.30
1998 320,000 6.95
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� Res. #90-25
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, 1991. 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 ftegistrar in Milwaukee, Wisconsin.
Section 4. Eaecution; 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 offiee 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 eertifieate of authentication on all
of the Bonds issued hereunder.
Section 5. Registration of Bonds; Persons �eated 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 prineipal eorporate 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 offiee 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.
-5-
� Res. #90-25
The Registrar may, but shall not be required to, transfer or exchange any
Bond during the period of fifteen (15) days next preeeding 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,
1997, 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, 1996,
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
prineipal amounts of $5,000 and integral multiples thereof.
The Registrar shall 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 sueh 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.
-6-
� Res. #90-25
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.
Notiee 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 certifieate of authentication to
be endorsed thereon and the form of assignment to be endors�d thereon are all to be in
substantially the following forms with neeessary and appropriate variations, omissions
and insertions as permitted or required by this Resolution:
-7-
- Res. #90-25
(Form of Bond)
United States of America
State of Wisconsin
County of Winnebago
City of Oshkosh
Corporate Purpose Bond, Series 1990-A
See Reverse Side
For Additional
Provisions
No.
Rate of
Interest Maturity Date Dated Date Cusip Number
December 1, May 1, 1990
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
Principal Amount hereinabove identified and to pay interest (computed on the basis of a
360-day year of twelve 30-day months) on sueh 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, 1991, 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, Wiseonsin, 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.
-8-
• Res. #90-25
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, �redit 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 ss
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 suthorized 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 tr.e Bonds d�scrired in ��e within menti�zed Resolution,
and is one of the Corporate Purpos� Bonds, Series 1990-A, of the City of Oshkosh,
Winnebago County, Wisconsin.
Date of Authentication:
FIRST WISCONSIN TRUST COMPANY,
as Bond Registrar
By
Authorized Officer
-9-
. - Res. #90-25
[Form of Bond - Reverse Side] �
This Bond is one of an authorized issue of Bonds aggregating the principal
amount of $3,810,000 (the "Bonds") issued to pay the cost of providing public projects in
the amounts and for the purposes as follows:
$460,000 for the purpose of constructing and extending water mains;
$1,095,000 for the purpose of constructing street improvements;
$143,000 for the purpose of extending and improving public parks;
$507,000 for the purpose of im�roving and extending the storm
sewer system;
$321,000 for the purpose of improving and extending the sanitary
sewers of the City;
$1,284,000 for the purpose of providing community development
project costs in Tax Incremental District No. 7;
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 19, 1990.
Bonds of the issue of which this Bond is one maturing on and after
December 1, 1997, 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, 1996, 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 eharges provided in the authorizing resolution, and upon surrender and
caneellation of this Bond. Upon such transfer a new Bond or Bonds of the same maturity
of authorized denomination or denominations, for a like aggregate principal amount will
be issued to the transferee in exchange herefor.
-10-
� Res. #90-25
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 pri�e of $3,810,033.70 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.
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.
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• Res. #90-25
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 ineome 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 suthorized 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 Seetion 148 of the Internal Revenue Code of 1986, (the "Code") or the regulatia�zs
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 aceumulated 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 suthorized 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.
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:
-12-
- Res. #90-25
Year Amount Year Amount
1990 $494,220 1998 $ 450,908
1991 346,310 1999 510,608
1992 355,185 2000 594,523
1993 402,748 2001 435,443
1994 440,498 2002 365,060
1995 603,873 2003 252,740
1996 535,753 2004 246,790
1997 503,148
In each of said years from 1990 to 2004, 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.
Section 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 1990-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 ta�cation 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 Acticn. 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
unenforceability or such section, paragraph or provision shall not affect any of the
remaining sections, paragraphs and provisions of this Resolution.
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.
-13-
, � Res. #90-25
Section 18. Conflieting 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 19, 1990.
Approved April �g , 1990. �
Recorded April �g , 1990.
(SEAL) � � "
Attest: Mayor
�
������- ��� �
City Clerk
-14-
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 19, 1990; 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
s.,,,�far oc cAi�# r*ricinA_� rpt!Ap(� TQ1�xpS to the $�,810.0O0 s�rP¢s�te orincipal amount of
Corporate,Purpose Bonds, Series 1990-A, of said City, dated May 1, 1991�.
WITNESS my official signature and the seal of said City this 20th day of
April, 1990.
. J
City C erk
(SEAL) .
S�JBi.;.I1 t�L' IiY
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