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Home My WebLink About33531 / 85-30ARFSOLUTI�i # 30A CITY OF OSHK05H RESOLUTION AMENDING RESOLUTION WAIVING THE PUBLIC BIDDING AND NON-DISCRIMINATION REQUIREMENTS OF WISCONSIN STATUTES SECTION 66.521(11)(b)1 REGARDING INDUSTRIAL DEVELOPMENT REVENUE BONDS (Eastern Technologies of Wisconsin, Inc. Project) WHEREAS, this Council did on March 21, 1985, adopt a resolution entitled "City of Oshkosh, Wisconsin Resolution Waiving the Public Bidding and Non-Discrimination Requirements o£ Wisconsin Statutes Section 66.521(11)(b)1" (the "Waiver Resolu- tion") in connection with a project proposed by Eastern Tech- nologies of �4isconsin, Inc. (the "Company") for the acquisition of land in the City of Oshkosh and the constructing and equipping thereon of a manufacturing facility and related improvements (the "Project"); and WHEREAS, it is necessary to amend the Waiver Resolution to raise the maximum principal amount of bonds described therein, the proceeds of which will be used to finance in whole or in part the Project, from $2,100,000 to $2,800,000; NOW, THEREFORE, IT IS RESOLVED: 1. All references in the Waiver Resolution to "$2,100,000" are hereby amended as of the date of its original adoption to read "$2,80�,000." 2, The City Clerk is hereby directed to publish notice of adoption of the Waiver Resolution, as amended, as a class 1 notice under Chapter 985, Wisconsin Statutes (relating to publication of official notices) in the official newspaper of the City of Oshkosh substantially in the form attached to this resolution as well as to make necessary and appropriate filings with the Secretary of the Department of Development of the State of Wisconsin. 3. The Waiver Resolution in all other respects is approved and confirmed as of the date of its original adoption. - 38c - RESOI�'I'ION # 30A 0 Introduced at a regular meeting of the Common Council of the City of Oshkosh held this lst day of August, 1985. JTW31 Passed and adopted this day of August, 1985. City Clerk Approved this day of Auqust, 1985. �ci�C —2— yor RESOI�JTION # 30A NOTICE OF THE ADOPTION BY THE CITY OF OSHKOSH, WISCONSIN OF AN AMENDED 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 March 21, 1985 adopted a resolution pursuant to Wisconsin Statutes Section 66.521 waiving the public bidding and non-discrimination requirements of that Section with respect to an issue of industrial development revenue bonds which resolution was subsequently amended on August 1, 1985. The resoluti.an, as amended, reads in its entirety as follows: WHEREAS, the City of Oshkosh, Wisconsin (the "Muni- cipality"), 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 $2,800,000 for the purpose of financing on behalf of Eastern Technologies of Wisconsin, Ltd., a Wisconsin corporation (the "BOrrower"), all or a portion of the costs of the acquisition of land in the Municipality, the construction and equipping thereon of a manufacturing facility and making related improvements (the "Project") to be initially used in connection with the Borrower's business of manufacturing tanks and for related manufacturing 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 financed with industrial revenue bonds only if the contract is let to the lowest responsible bidder and pro- posals 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 associ- ated with those requirements and (b) because they may pro- hibit the Borrower from using the contractors which, in the Borrower's judgment, are best suited to do work on the Proj- ect regardless of whether they are the "lowest responsible bidder" as that term is used in Wisconsin Statutes Section 66.521(11)(b)1 and - 38e - RESOL�UTION # 30A (ii) that while the Borrower supports non-discrimi- nation policies of the type contained in Wisconsin Statutes Section 66.521(11)(b)1, the Borrower would prefer 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 of Wisconsin Statues 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 of the bonds will not be subject to attack for failure 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 of 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 bid- ding requirements of Wisconsin Statutes Section 66.521(11)(b)1 may impair the prompt and efficient 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 responsi- ble 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 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 Section 66.521(11)(b)2 waives the requirements of Wisconsin Stat- utes 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, - 38f - -2- _,J RESOLUTION # 30A 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 official notices) in a newspaper eligible to make such a publication for the Municipality. Dated: JTW31 i� ��'�li -3- , 1985 SUBMITTED BY APnFO`+'ED Clerk n �D ✓• C � � � � n c ' c+ � �. � N (° F �` � � � W � tTi �c� J N �� _ c� 3 A � A O m z p .. no �G O � � rn ��n n < m 7 7 a O C .� �p .-r O � cn w �. �o c m � in �n d c F � � .-. o w E -5 � w .�• m o < o� to (p in < �c+ (D N � O � � � 7 c+ � � N � W O n �h i� �� n�