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Home My WebLink About33565 / 85-30CITY OF OSHKOSH, WISCONSIN RESOLUTION WAIVING THE PUBLIC BIDDING AND NON-DISCRIMINATION REQUIREMENTS OE WISCONSIN STATUTES SECTION 66.521(11)(b)1 WHEREAS, the City o£ Oshkosh, Wisconsin (the "Municipality"), has by resolution of its City Council expressed its intent to issue bonds pursuant to Wisconsin Statutes Section 66.521 in an amount not to exceed $2,000,000 for the purpose o£ £inancinq on behalf o£ Oshkosh B'Gosh, Inc., a Delaware corporation, (the "Borrower") all or a portion o£ the costs o£ the acquisition of land and existing facilities in the City o£ Oshkosh and the rehabilitation, improvement and equippinq o£ such facilities and the making of related improvements (the "Project") to be initially used in connection with the manu£acture of clothing and for related distribution and service activities; and WHEREAS, Wisconsin Statutes Section 66.521(11)(b)1 (i) provides that construction work which is let by contract and which has an estimated cost exceeding $5,000 may be £inanced with industrial revenue bonds only if the contract is let to the lowest responsible bidder and proposals for the contract are advertised by publishinq a class 2 notice under Wisconsin Statutes Chapter 985 and (ii) prohibits discrimination in subcontracting, access or employment based on race, creed, sex, handicap, ethnic origin, age or marital status with regard to construction, use and operation of projects financed under the Act; and WHEREAS, representations have been made to the Municipality (i) that compliance with the notice and public bidding requirements in the £irst sentence of Wisconsin Statutes Section 66.521(11)(b)1 may impair the prompt and efficient completion of the Project (a) because of the delays associated with those requirements and (b) because they may prohibit the fiorrower from usinq the con�ractors which, in the Bor- rower's judqment, are best suited to do work on the Project regardless o£ whether they are the "lowest responsible bidder" as that term is used in Wisconsin Statutes Section 66.521(11)(b)1 and (ii) that while the Borrower supports non-discrimination policies o£ the type contained in Wisconsin Statutes Section 66.521(11)(b)1, the Borrower would pre£er to handle the non-discrimination aspects of the Project in its revenue agreement with the Municipality since it is unclear what is substantively required of the Borrower in order to comply with the non-discrimination provisions o£ Wisconsin Statutes Section 66.521(11)(b)1 or what the remedies are for failing to comply with those provisions and because a prospective bondholder must be able to satis£y itself that the validity of the bonds will not be subject to attack £or failure o£ the Borrower to comply with unclear statutes; and WHEREAS, Wisconsin Statutes Section 66.521(11)(b)2 gives the Municipality authority to waive the requirements of Wisconsin Statutes Section 66.521(11)(b)1; NOW, THEREFORE, IT IS RESOLVED: 1. This City Council £inds (i) that the imposition of the public notice and bidding re- quirements o£ Wisconsin Statutes Section 66.521(11)(b)1 may impair the prompt and efficient completion of the Project because o£ the delays associated with those requirements and because they may prohibit the Borrower £rom using the contractors which, in the Borrower's judqment, are best suited to do work on the Project regardless of whether they are the "lowest responsible bidder" as that term is used in Wisconsin Statutes Section 66.521(11)(b)1 and (ii) that the non-discrimination requirements of Wisconsin Statutes Section 66.521(11)(b)1 are more appropriately handled in the revenue agreement between the Borrower and the Municipality since it is unclear what is substantively required of the Borrower in order to comply with the non-discrimination provisions of Wisconsin Statutes Section 66.521(11)(b)1 or what the remedies are for failure to comply with those provisions and because a prospective bondholder must be able to satisfy itself that the validity of the bonds will not be subject to attack for failure o£ the Borrower to comply with unclear statutes. 2. For the reasons stated above, this City Council pursuant to the authority granted to it by Wisconsin Statutes Section 66.521(11)(b)2 waives the requirements o£ Wisconsin Statutes Section 66.521(11)(b)1 with respect to the Project i£ the revenue producing agreement £or the financing contains a non-discrimination provision satisfactory to the Municipality. FURTAER RESOLVED, that the Clerk is directed to publish this resolution as a class 1 notice under Wisconsin Statutes Chapter 985 (relating to publication o£ o££icial notices) in a newspaper eligible to make such a publication for the Municipality. AMM133:V Adopted �lIGUS � �S� , 1985 �� L'ti%�,� C� . � ��.�' ' C.ierk Approved p-}T,(Gl(•ST S_1_. =°8� -2- �� _ m�yc�� NOTICE OF THE ADOPTION BY THE CITY OF OSHKOSH. WISCONSIN OF A RESOLUTION WAIVING THE PUBLIC BIDDING AND NON-DISCRIMINATION REQUIREMENTS OF WISCONSIN STATUTES SECTION 66.521(11)(b)1 The City Council of the City of Oshkosh, Wisconsin at a lawful meeting held on �E��;� /$ , 1985 adopted a resolu- tion pursuant to Wisconsin tatutes Section 66.521 waiving the public bidding and non-discrimination reguirements of that Section with respect to an issue of industrial development revenue bonds. The resolution read in its entirety as follows: WIiEREAS, the City of Oshkosh, Wisconsin (the "Municipality"), has by resolution of its City Council expressed its intent to issue bonds pursuant to Wisconsin Statutes Section 66.521 in an amount not to exceed $2,000,000 for the purpose o£ financing on behal£ o£ Oshkosh B'Gosh, Inc., a Delaware corporation, (the "Borrower") all or a portion of the costs of the acquisition of land and existing facilities in the City of Oshkosh and the rehabilitation, improvement and equipping o£ such facilities and the making of related improvements (the "Project") to be initially used in connection with the manu£acture of clothing and for related distribution and service activities; and WHEREAS, Wisconsin Statutes Section 66.521(11)(b)1 (i) provides that construction work which is 1et by contract and which has an estimated cost exceeding $5,000 may be financed with industrial revenue bonds only if the contract is let to the lowest responsible bidder and proposals for the contract are advertised by publishing a class 2 notice under Wisconsin Statutes Chapter 985 and (ii) prohibits discrimination in subcontracting, access or employment based on race, creed, sex, handicap, ethnic origin, age or marital status with regard to construction, use and operation of projects financed under the Act; and WHEREAS, representations have been made to the Municipality (i) that compliance with the notice and public bidding requirements in the first sentence of Wisconsin Statutes Section 66.521(11)(b)1 may impair the prompt and efficient completion of the Project (a) because of the delays associated with those requirements and (b) because they may prohibit the Borrower from using the contractors which, in the Bor- rower's judqment, are best suited to do work on the Project regardless of whether they are the "lowest responsible bidder" as that term is used in Wisconsin Statutes Section 66.521(11)(b)1 and (ii) that while the Borrower supports non-discrimination policies o£ the type contained in Wisconsin Statutes Section 66.521(11)(b)1, the Borrower would pre£er to handle the non-discrimination aspects of the Project in its revenue agreement with the Municipality since it is unclear what is substantively required of the Borrower in order to comply with the non-discrimination provisions o£ Wisconsin Statutes Section 66.521(11)(b)1 or what the remedies are for failing to comply with those provisions and because a prospective bondholder must be able to satisfy itself that the validity o£ the bonds will not be subject to attack £or £ailure of the Borrower to comply with unclear statutes; and WHEREAS, Wisconsin Statutes Section 66.521(11)(b)2 gives the Municipality authority to waive the requirements o£ Wisconsin Statutes Section 66.521(11)(b)1; NOW, THEREFORE, IT IS RESOLVED: 1. This City Council finds (i) that the imposition of the public notice and biddinq requirements o£ Wisconsin Statutes Section 66.521(11)(b)1 may impair the prompt and e££icient completion of the Project because of the delays associated with those requirements and because they may prohibit the Borrower from using the contractors which, in the Borrower's judgment, are best suited to do work on the Project regardless of whether they are the "lowest responsible bidder" as that term is used in Wisconsin Statutes Section 66.521(11)(b)1 and (ii) that the non-discrimination requirements of Wisconsin Statutes Section 66.521(11)(b)1 are more appropriately handled in the revenue agreement between the Borrower and the Municipality since it is unclear what is substantively required o£ the Borrower in order to comply with the non-discrimination provisions of Wisconsin Statutes Section 66.521(11)(b)1 or what the remedies are £or failure to comply with those provisions and because a prospective bondholder must be able to satisfy itsel£ that the validity of the bonds will not be subject to attack for £ailure of the Borrower to comply with unclear statutes. 2. For the reasons stated above, this City Council pursuant to the authority granted to it by Wisconsin Statutes Sectior. 66.521(11)(b)2 waives the requirements o£ Wisconsin Statutes Section 66.521(11)(b)1 with respect to the Project if the revenue producing agreement for the financing contains a non-discrimination provision satisfactory to the Municipality. -2- FURTHER RESOLVED, that the Clerk is directed to publish this resolution as a class 1 notice under Wisconsin Statutes Chapter 985 (relating to publication of o££icial notices) in a newspaper eligible to make such a publication £or the Municipality. Dated: t+GluuS� l� , 1985 �� 1 �J � , � YI.�Li/} / �� . ,�?L (_92'L �/ _ Cler.K ArIM133:W -3- SUBMITTED BY APPROVED �IG�.E�y�/ �Ji�� c��n c~-r �G � C � c'7 �, h � � � � � - � � � �� T` � �,' � � � O m z o•• ao � o N � U1 mo� - co a O (D < � N � O � �� z� � o ro co fi�� rr o m � � fi Q � �• �� C \ � lD �--� (� 7 W d (n O C N 7 N a c+ 3 � � .J. � «-. �- O G� � � � r�• � O F � O N 3 � m N � w 0