HomeMy WebLinkAbout33524 / 85-24City Council of the City of
Oshkosh, Wisconsin
Resolution No. �g_
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An Initial Resolution Relating to Housing
Authority Bond Financing For An Elderly Housing Project
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WHEREAS, tiie Elderly Housing Authority of the City o£ Oshkosh,
Wisconsin, has adopted an Initial Resolution Relating to Bond
Financing of a Rental Housing Project For the Elderly (the "Authority
Resolution"), a copy o£ which is attacized to ihis City Council
Resolution, and
WHEREAS, the Project, as defined in the Authority Resolution,
(the "Project") is subject to the approval of the City Council of
the City o£ Oshkosh,
W�EREAS, the Elderly Housing Authority and the'City of Oshkosh
Planning Comnission have both recommended that the Project be
approved by the City Council.
NOW, THEREFORE, BE IT FESOLVED, by the City Council of the City
o£ Oshkosh, that the Project is hereby approved.
The foregoing resolution of the City Council o£ the
City of Oshkosh, Wisconsin, was adopted, approved and recorded on
Auciust 1 , 1985.
MJM19:D
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Mayor
Jf � 1 i` l��vl�/ �`/ Yi�?./.e �
,
Clerk
,
RESOLUTION # 24
ELDERLY HOUSING AUTHORITY OF THE
CITY OF OSFiKOSH, WISCONSIN
Resolution No.
AN INITIAL RESOLUTION RELATING TO BOND
FINANCING OF A RENTAL HOUSING PROJECT
FOR THE ELDERLY
WHEREAS, the Elderly Housing Authority of the City of Oshkosh,
Wisconsin (the "Authority"), a public body corporate and politic
duly organized and existing under and pursuant to the laws o£ the
State o£ Wisconsin, is authorized and empowered by Secs. 66.395
and 66.40 to 66.404, Wisconsin Statutes, as amended (hereinafter
sometimes referred to as the "Act"):
(a) Within the City o£ Oshkosh (the "City") to prepare,
carry out, and operate housing projects approved by the City
Council of the City o£ Oshkosh (the "City Council");
(b) To do all things necessary or convenient to effectuate
its purpose o£ providing safe and sanitary dwelling accommoda-
tions for elderly persons, as that term is de£ined in Sec-
tion 66.395(3)(i), Wisconsin Statutes, as amended, ("Elderly
Persons") including issuing bonds £or such purpose;
WHEREAS, it is the finding and determination of the Authority
that there is a shortage of safe and sanitary dwelling accommoda-
tions available to Elderly Persons in the City;
WHEREAS, the Authority is desirous of alleviating this
shortage and is willing to exercise its powers to this end;
WHEREAS, one or more of Gordon Decker or Marlene Decker (the
"Deckers") individually, a partnership yet to be £ormed of which
one or more of the Deckers will be initial general partners or a
corporation yet to be £ormed of which one or more of the Deckers
will be initial majority shareholders (the "Borrower") wishes to
pursue the acquisition of land in the City and the construction
thereon of a multifamily residential rental facility, the units
in which are intended to be occupied exclusively by Elderly
Persons, and related improvements (the "Project");
WHEREAS, the Deckers have asked that the Authority indicate
its intention to provide bond £inancing £or all or a portion of
the Project;
WHEREAS, the Project will help to alleviate the shortage of
sa£e and sanitary dwelling accommodations for Elderly Persons in
the City; and
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RESOIdJTION # 24
WHEREAS, a preliminary plan o£ the Project showing the
extent thereof and the general features of the proposed layout
and indicating in a general way the proposed location of buildings
and open spaces has been submitted to and approved by the City of
Oshkosh Planning Commission.
NOW, THEREFORE, BE IT RESOLVED:
1. The Authority hereby finds that the Project described
in this Resolution is a"housing project" as that term is defined
in Section 66.395(3)(1), Wisconsin Statutes. The Authority
re£ers the Project to the City Council for its approval. The
Authority recommends approval of the Project by the City Council.
2. If requested by the Borrower, and subject to the condi-
tions specified in paragraph 3 hereof, the Authority will pursue
and consummate a£inancing having the £ollowing elements:
(a) The Authority shall issue revenue bonds pursuant
to the Act at one or more times in one or more series in
such aggregate principal amount not in excess o£ $3,000,000
as the Borrower shall request.
(b) The Bonds shall be limited obligations of the
Authority payable by the Authority solely out of revenues
derived £rom the Borrower or otherwise provided for pursuant
to the terms of a loan or similar agreement (hereinafter
called the "Revenue Agreement") to be entered into between
the Authority and the Borrower.
(c) The Revenue Agreement shall require the Borrower
to acquire, rehabilitate, construct or install the Project
and to provide the Authority with revenues su££icient in all
events to pay when due the principal of, premium, if any,
and interest on the Bonds.
(d) The Bonds shall have such maturities, interest
rates and redemption limitations as the Borrower and the
initial Bond purchaser(s) shall propose subject to the
approval of the Authority.
3. The issuance of the Bonds by the Authority shall be on
the following conditions:
(a) The Project shall be aoproved by the City Council.
(b) The Bonds shall not constitute an indebtedness of
the Authority or of the City within the meaning of any State
constitutional provision or statutory limitation.
(c) The Bonds shall not constitute or give rise to a
pecuniary liability of the Authority or of the City or a
charge against their general credit or taxing powers.
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RFSOLUTION # 24
(d) The Borrower shall be responsible for £inding a
purchaser or purchasers £or all of the Bonds.
(e) Prior to the issuance of the Bonds, this body, by
£inal resolution, shall have authorized and approved the
terms of the Bonds and the Revenue Agreement.
(£) The Bonds shall be issued pursuant to the Act, and
the delivery o£ the Bonds shall be accompanied with the
unqualified approving legal opinion of a nationally recognized
£irm of bond attorneys as sha11 be acceptable to the Authority
and the Borrower.
(g) All out-of-pocket costs and administrative £ees of
the Authority in connection with the issuance and sale of
the Bonds shall be paid or reimbursed either £rom the proceeds
of the Bonds or by the Borrower.
4. This Resolution is official action toward issuance of
the Bonds for purposes o£ Section 103 of the United States Internal
Revenue Code.
5. This Resolution shall be effective immediately upon its
passage and approval.
MJM19:C
SUBMITTED BY
APPROVED %�
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