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HomeMy WebLinkAbout34826 / 88-11 . .� , ReS. N11 The City Council oP the City of Oshkosh, Winnebago County, Wisconsin, met in regular, open, public session at its regular meeting place on April 21, 1988, at 7:00 o'clock P.M., with the following members present: Floyd R. Chapin, Robert C. Jungwirth, Don H. Kutchera, Kathleen M. Propp, Donald W. Pressley, Thomas J. Binner and James A. Mather and the Yollowing members absent: none s s • r (Other Business) The City Clerk stated that one purpose o[ the meeting was the consider- ation oY proposals received for the purchese oY $3,200,000 aggregate principel amount of Corporate Purpose Bonds, Series 1988-A, of the City of Oshkosh� pursuant to sealed bids. Thereupon the following resolution was introduced by Pressley and reed in full, and, pursuant to motion made by Presslev � and seconded by arnTn,n � W� adopted by the following vote: AYe� Chapin, Jungwirth, Propp, Pressley, Binner, Mather Nay: Kutchera Absent or Not Voting: None SUBM?TTED BY __ ---- /�G" ' L.. ApY°OSED �-----------_ RESOLU170N determining to issue $3,200,000 Corporate Purpose Bonds, Series 1988-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 ta�ces. WHEREAS, by initial resolutions duly adopted on February 18, 1988, 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: ;295,000 for the purpose of constructing and extending the water plant and water mains; $350,000 for the purpose of constructing street improvements; $190,000 for the purpose of extending and improving public parks; $707,OQ0 for the purpose of improving and extending the storm sewer system; $1,374,000 for the purpose of improving and extending the sanitary sewers of the City; $260,000 Yor the purpose oY constructing a tire engine house; and $24,000 for the purpose of purchasing land for a parking lot; and WHEREA3, official notice of the adoption of said initial resolutions was published on February 19, 1988, in The Oshkosh Northwestern, and, to the date of this Resolution, no petition hes been Yiled with the City Clerk of the City requesting that any of said initial resolutions be submitted to the electors; and WHEREA3, the City is authorized by Section 67.05(13), Wiscansin Statutes, to combine bonds authorized under various initial resolutions into one issue; and WfIEREAS, it is now necessary that said bonds be sold and issued for the purposes aforesaid in the aggregate principal amount of $3,200,000; and WHEREAS, pursuant to advertisement, sealed bids were received for the purchase oY said corporate purpose bonds in said amount until 11:00 A.M., C.D.T., on April 21, 1988, which bids are as follows: . Name oP Bidder Net Interest Rate -2- Name of Bidder Net Interest Ratc First Interstate Sank, Ltd. , Los Angeles, CA $1,664,315.00 6.857� First Wisconsin National Bank, Nilwaukee, WI 1,710,892.40 7.0494 First National Bank of Chicago, Chicago, IL 1 ,728,320.10 7.12122 Clayton Brown & Associates, Inc. , Chicago, IL 1,729,355.00 7.1254 Northern Trost Co. , Chicago, IL 1,731 ,217.50 7.133 Harris Tnst & Savings Bank, Chicago, IL 1,734,445.00 7.1464 hlerrill Lynch, Chicago, IL 1,742,102.50 7.1780 -2a- ; and WHEREA3� the bid oY First Interstate Bank. Ltd. r Of Los An�eles � California � aRd associates at e price of S 3,200,030.00plus accrued interest to the date of delivery, was the best bid submitted� which bid is as follows: -3- BID POBM lQMBERS OF THE CITY COUNCIL April 21� 1988 CITY OF OSNKOSH� WISCONSIP He oFfer to purchase the �3�200�000 General Obligation Corporate Purpose Bonds, Series 1988-A, of [he Ci[y of Oahkoah, Hisconsia to 6e daied May 1, 1988 and offered for sale on [he above da[e, on [he [erms and tondi[ions s[ated in [he Officlal No[ice of Sele and [Le OFflcial Stetement therefor, for a price of �� ���.�1.,�(nat lese then � 53,200,000), nnd accrved interes[ ta da[e of delivery. The Bonds of [he vatiave ma[uzities to bear lnierest nt the folloving annual ra[es: 7�' % for Bonde due Mey 1� 1989 �Z X for Banda due May 1, 1990 7�/!' S for Bonda due Mey 1, 1991 �S for Bonds due May 1, 1992 �'�'X for Bonde due May 1, 1993 9�JCS for Bonds due May 1� 1994 fe� /F for Bonde due May 1� 1995 /.Sr'X fot Banda dve Hay 1, 1996 b �e S for Bonda due Mey 1, 1997 E'8"C�X for Bonde due May 1, 1998 . ��X for Bonde due May 1, 1999 � '�' X for Bonda due Mey 1� 2000 ' /'L'X For Bonds due Mny 1, 2001 t�X foc Bonda due May 1� 2002 �,a�X for Bonda due May 1, 2003 Our tomputatlon of ihe [otal amoim[ of Sntereat from dete of iasue io maturi[y zepresented by ihe interesi ra[es specified above, and of Che net interes[ coat of [hia bid, while no[ a part of tMS bid, ere aet forth belov. This bid is made for prompt acceptance and aubject to the canditions of the Offitial Rotice of Sale. Ne enclose� herewith� our certified check or 6ank cashier•s or treasurer's check, in [he amount of 560,000, which ia to be held by the City pending complience wich the condltlona of Chia bid. Hespectfully submicced, FIRST INTERSTATE BANK OF CALIFORNIA Syndica e Mannge 7LG B L7 an B. Patterson, Vice President / In[ereet Compata[Son Ne compute the total amount of Sn[eresi from date of iseue to mnturity, represenied by the intereat ratea epecified in [he b1d, to be /, C. G'�,3��`far a ftet Rate of �..5-�9 S. The foregoing bid Ss hereby accepted 6y and on behalF of the CSty of Oshkoah, Nisconsin thSs 21st dey of April, 1968. . Clty Managet Dlrector of Flnance/Treasurer 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 oY this Resolution, except as otherwise expressly provided herein or unless the eontext otherwise requires, the terms defined in this Section 1 shell have the meanings set Porth 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 1988-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 oY 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. 3ection 2. Authorization. The issuance oP $3,200,000 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 1988-A", shall be dated May 1, 1988, as originally issued, and shall also bear the date oY their authentication by the Registrar. The Bonds shall be in fully registered form, shall be in denominations oY $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 May 1 of each of the years 1989 to 2003, inclusive, in the amounts and shall bear interest at the rates per annum, as follows: Principal Interest Principal Interest Yeer Amount Rate Year Amount Rate 1989 E170,000 7.4 � 1991 $425,000 6J % 1990 275,000 7.4 1998 375,000 6.8 1991 205,000 ��4 1999 ll5,000 6.9 1992 115,000 ��4 2000 115,040 7�� 1993 115,000 �•4 2001 115,000 �•1 1994 115�000 ��4 2002 110�U00 �•Z 1995 415,000 �'•4 2003 110,000 ��z 1996 425,000 6.5 � -5- 3ection 3. lnterest; Payment Provisions. The Bonds shall bear interest from their dflte or Yrom 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 oP twelve 30-day months) being payable on May 1 and November 1 of each year, commencing on May 1, 1989. Interest on each Bond shall be paid by check or draft of the Registrar to the person in whose name sueh Bond is registered at the close oP business on the fifteenth day of the calendar month next preceding the applicable interest peyment 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. Section 4. Ezecution; Authentication. The Bonds shell be executed on behelf of the City with the Pacsimile signature of the City Manager of the City and with the facsimile signature oY the City Clerk of the City, and sealed with the official seal of the City or a printed facsimile thereoP. In cese any officer whose signature shall appear on eny Bond shall cease to be such oYficer before the delivery of such Bond, such signature shall nevertheless be valid and suffieient for all purposes, the same as if svch officer had remained in office until delivery. All Bonds shall have thereon a certificate oP authentication substantially in the form hereinafter set forth duly executed by the Registrar as authenticating agent oY the City and showing the date oY authentication thereoY. No Bond shall be valid or obligatory Por any purpose or be entitled to any security or benefit under this Resolution unless and until sueh certificate of authentication shell have been duly executed by the Registrar by manuel 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 executed by the Registrar if signed by en authorized officer oF the Registrar, but it - shall not be necessary that the same oYficer sign the certificate of authentication on all of the Bonds issued hereunder. 3ection 5. Registration of Bondsq Persons 1Yeated as Owners. The City shall cause books (the "Bond Register") for the registration and for the transfer oY 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 Yorm satisYactory to the Registrar duly executed by, the registered owner thereoP or his attorney duly authorized in writing, the City shall execute and the Registrar shall authenticate, date and deliver in the name of the transferee or transYerees a new fully registered Bond or Bonds of the same maturity o£ authorized denomination or denominations, for a like aggregate principal amount. Any fully registered Bond or Honds 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 8ond shall constitute full and due authorization of such Bond and the Registrat shall thereby be authorized [o authenticate, date and deliver such Bond; provided, however, that the principal amount of the outstanding Bonds authenticated by the Registrar shall never exceed the authorized principal amount of the Bonds, less previous retirements. -6- � 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 prepayment has been mailed nor during the period of Yifteen (15) days next preeeding 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 shell 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 sueh 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 tex 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. 3ection 6. Prior Redemption. Bonds maturing on and after May 1, 1996, 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 ell of the Honds of a single maturity to be selected by the Registraz as hereinafter provided), on May 1, 1995, 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 55,000 each and integral multiples thereof. � At leest forty-five (45) days prior to the date Fixed Yor ; 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 perticular 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 oc portions of Bonds in principal amounts of $5,000 and integral multiples thereof. The Registrar shall promptly notify the City in writing of the Bonds or portions oY Bonds selected Yor redemption prior to maturity and, in the ease of any Hond selected for partial redemption, the principal amount thereoY to be redeemed. Section T. Redemption Procedure. Unless waived by any registered owner o£ 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_ elll notices of redemption shall state: (1) the date fixed for redemption� (2) the redemption price, � (3) if less than all outstanding Honds 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 sueh Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue Prom and after said date, and (5) the plaee where such Honds 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 Yor 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 es herein provided for payment of interest. Upon surrender Yor any partial redemption oP 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. Section 8. Form of Bonds. The Bonds, the certificate of authentication to be endorsed thereon and the form of assignment to be endorsed thereon aee all to be in substantially the following forms with necessary and appropriate variations, omissions and insertions as permitted or required by this Resolution: -8- (Form of Bond) United States of America State o[ Wiseonsin Comty of Wimebago City of Osl�kosh Corporate Purpose Bond� Series 1988-A See Reverse Side For Additional Provisions No. Rate of Interest Maturity Date Dated Date Cusip Number May 1, _ May 1, 1988 Registered Owner: Principa] Amount: HNOW ALL MEN HY TfiESE PRESENT3: 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 o£ twelve 30-day months) on such Principal Amount from the Dated Date hereinabove identified or Yrom the most recent interest payment date to which interest has been paid at the Rate of [nterest per annum hereinabove identified on May 1 and November 1 oY each year, commencing on May 1, 1989, 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 eflch 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 fiYteenth day oY the calender month next preceding the applicable interest payment date and shall be paid by cheek or draPt of the Registrar mailed to such registered awner at his address as it appears on such registration books ar at such other address as may be furnished in writing by such registered owner to the Registrar. -9- Reference is hereby made to the further provisions of this Bond set forth on the reverse side hereof, and such further provisions shall Yor 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 De 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 ta 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 seme respectively become due and for the levy and collection of sufficient tases 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 Hond 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 e facsimile thereof to be impressed or reproduced hereon, as oY the Dated Dflte hereinabove identified. (facsimile signature) (facsimile siRnature) 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 1988-A, of the City of Oshkosh, Winnebago County� Wisconsin. Date of Authentication: FIRST WISCONSIN TRUST COMPANY, . as Bond Registrar By Authorized Officer -10- [Form af Bond - Reverse Side] This Bond is one of an authorized issue of Bonds aggregating the principal amount of $3,200,000 (the "BOnds") issued to pay the cost of providing public projects in the amounts and For the purposes as follows: ;295,000 for the purpose of constructing and extending the water plent and water mains; 5350,000 far the purpose of constructing street improvements; 5190,000 Yor the purpose of extending and improving publie parks; E70T,000 for the purpose of improving and extending the storm sewer system; $1,374,000 for the purpose of improving and extending the sanitary sewers of the City; 5260,000 for the purpose of constructing a fire engine house; and $24,000 for the purpose of purchesing land for a parking Lot; 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 21, 1988. Bonds oP the issue of which this Bond is one maturing on and after May 1, 1996, are subject to redemption prior to maturity at the option of the City es 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 May 1, 1995, 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 irttended redemption shall be sent 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 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 ca11eG for redemption, will cease to beer interest on the specified redemption date, provided funds Yor 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 of authorized denomination or denominations, for a like aggregate principal amount will be issued to the transYeree in exchange herefor. -11- 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 prineipal corpo- rate trust office of the Registrar for a like aggregate principal amount of Bonds of the same maturity oP 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 es 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 flnd does hereby irrevoeably constitute and appoint , or its successor as Registrar, to transYer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: NOTICE: The signature to this essignment 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 ehange whatever. Signature guaranteed: NOTICE: Signature(s) must be guaranteed by a member Yirm of the New York Stock Exchange or a commercial bank or trust company. 3ection 9. Sale of Bonds. The sale of the Bonds to First Incerstate Bank. Ltd. and associates, at the price of E 3,20a,030.00 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. 3ectlon 10. Use of Proeeeds; No Arbih�age; Bonda to Remain in Registered Porm. 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 sele of the Honds shall be used oNy to pay the costs of public projects aforesaid and general and current municipal expenses, 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 1'reasurer 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 oP the Notes. -12- The Governing Body of the City recognizes that the purchasers and owners of the Bonds will have aeeepted them on, and paid therefor a price which reflects, the understanding that interest thereon is exempt from Federal income taacation under laws in Yorce 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 Yor the purpose for which the Bands aze hereby authorized to be issued. The City Manager, the City Clerk, the City Finance Director and the City 'h�easurer of the City, or any of them, are hereby authorized to execute on behalf of the Ciry a Certificate end Agreement with Respect to Tas 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 Honds being "arbitrage bonds" under Section 148 of the Internal Revenue Code of 1986, (the "Code") or the regulations of the United States 'h�easury Department currently in effect or proposed. Such Certificate end Agreement With Respect to Tax Exemptian shall constitute a represen- tation, 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 Yully 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. 9ectlon ll. Duties ot Hegishar. If requested by the Registrar, the City Manager of the City is hereby authorized to execute, and the City Clerk oY the City is hereby authorized to attest, and said City Manager and City Clerk are hereby authorized to deliver, the Registrar's standard Yorm of agreement between the City and the Registrar with respect to the obligations and duties of the Registrar hereunder which shall include the following: (e) to act as Registrae, authenticating agent, paying agent and transfer agent as provided herein; (b) to give notice o4 redemption of Honds 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 leest 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 Yor the collection of a direet annual tax sufficient to pay the interest on the Honds 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 suYficient for that purpose, to-wit: -13- Year Amount Year Amount 1988 5496,380 1995 5532,778 1989 474,025 1996 504,728 1990 386,265 1999 qz7,7qp 1991 284,425 1998 151 ,023 1992 D5,915 1999 143,030 1993 267,405 2000 13A,923 1994 549,870 2001 121 ,880 2002 713,960 In each of said years from 1988 to 2002, inclusive, the direct annual tax above levied shall be extended upon the ta�c rolls oY the City in the same manner and time as tases for general city purposes, and when collected the proceeds of said taxes shall be deposited into the account of the debt service Yund established in favor of the Bonds, to be used solely Yor paying the principal of and interest on the Bonds as long as any of the Bonds remain outstanding. 3ection 13. 3ufficiency. Interest or principal maturing at any time during the life oY the. Bonds when there shall be insufficient Yunds on hand from the above tarz levy to pay the same shall be paid promptly when due Prom 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 Yrom all other funds of the City to be designated the "Debt Service Fund", which fund shell be used solely Yor 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 1988-A Corporate Purpose Bond AccounN', to be held as a part of the Debt Service Fund, all premium, if any, and acerued 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. � 3ectlon 15. Prior Action. The action of the Director of Finance of the City in publishing notice oY the sale aY the Bonds is hereby in all respects ratified and confirmed. 3ection 16_ 3everability. If any section, paregraph 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 aP this Resolution. , Section 17. Other pocuments. The City Manager, the C3ty Clerk, the City Treasurer, the City Finance Director and ell other ofYicers of the City are hereby authorized to execute all documents and certiYicates necessary in connection with the authorization and delivery of the Bonds, including without limitation an official statement deseribing the Bonds and the City. -14- Section 18. Conflicting Proceedings Superseded. All ordinances, resolutions or orders, or parts thereof, heretofore enacted, adopted or entered, in conflict with the pravisions of this Resolution, shall be and in the same are hereby superseded to the extent of such conflict, and this Hesolution shall be in effect from and after its passage. Adopted April 21, 1988. Approved Apri] 21 , 1989. Recorded April 21 , 1988. (SEAL) /�Y�EI'/.?.��i�!�l/�if Attest: � Mayor _ !'��f'I'°�i"�l( � L �2/( �ll!J� City Clerk -15- STATE OF WISCONSIN ) ) SS. COUNTY OE W[NNEHAGO ) 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 oY excerpts from the minutes of the meeting of the City Council of said City held on April 21, 1988; 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 $3,200,000 aggregate principal amount of Corporate Purpose Bonds, Series 1988-A, of said City, dated May 1, 1988. W[TNESS my officisl signature and the seal of said City this 22nd a8Y of April, 198"a. ✓ ' Ell �°�l ' �� � �x '/LYf �� CiTy Clerk (SEAL) CJ 3 ➢ � T A a o o c .- m A ti Y l J N A � � � rvr p '- � � T Z N ID A 0 •• � � •• . P m O O zan � � " o < o `O ° � mmo �° " �* cn cn v �' o ti > `�� O Z � m � n O Z � O S a �+ N ��