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HomeMy WebLinkAbout33213 / 85-03� , • r � 4 Excerpts of Minutes of Open Meeting of the City Council of the City of Oshkosh A duly-convened meeting of the City Council of the City of Oshkosh, Winnebago County, Wisconsin, was held in open session upon due notice in the Council Chambers, City Hall on March 4, 1985, and called to order by Mavor Propp at 4:00 P.M. The following Council Members were present: Bernice Teichmiller, Floyd Chapin, Charles Hulsebosch, Don Kutchera, James Mather, Kathleen Propp The following Council Members were absent: Robert Pung The meeting was opened with the announcement that this was an open meeting of the City Council. Notice of this meeting was given to the public at least 24 hours in advance of the meeting by forwarding the complete agenda to the official City newspaper, The Oshkosh Daily Narthwestern, and to all news media who have requested the same as well as posting- Copies of the complete agenda were available for inspection at the City Clerk's office. Anyone desiring information as to forthcoming meetings should contact the City Clerk's office. (Here occurred business not pertinent to the bond authorization.) . . The following resolution was moved by Council Member Kutchera and seconded by Council Member Chapin , and upon roll call vote, duly adopted by a vote of 5 to 1: Resolution No. 3 A RESOLUTION AUTHORIZING THE CITY OF OSHKOSH TO BORROW THE SUM OF $30,560,000 BY ISSUING GENERAL OBLIGATION REFUNDING BONDS PURSUANT TO SECTION 6�.04 OF THE WISCONSIN STATUTES WHEREAS the City of Oshkosh, Winnebago County, Wisconsin (sometimes hereinafter called the "City") is presently in need of the sum of Thirty Million Five Hundred Sixty Thousand Dollars ($30,560,000) for the public purpose of refunding obligations of the City, including interest on them; and WHEREAS the City Council of the City deems it necessary and in the best interest of the City that said sum be borrowed through the issuance of general obligation bonds pursuant to the provisions of Chapter 67, Wis. Stats., upon terms and conditions hereinafter provided; and WHEREAS the City has adopted an initial resolution authorizing the issuance of general obligation bonds in an amount not to exceed $31,665,000 for said purpose; NOW, THEREFORE, BE IT RESOLVED that: Section 1. Sale of Bonds. The City of Oshkosh, Winnebago County, Wisconsin, shall sell and deliver its $30,560,000 General Obligation Refunding Bonds, Series 1985 (the "Bonds"), issued for the purpose above stated, to First Wisconsin National Bank of Milwaukee and Stern Brothers & Co., foz the purchase price of $29,490,040, in conformity with the attached bond purchase agreement (Exhibit A). Said agreement is hereby approved, and the appropriate City officials are hereby authorized and directed to execute the same. Section 2. The Bonds. The City Manager and City Clerk shall make, execute and deliver the Bonds to said purchasers, for and on behalf of the City. The Bonds shall be negotable, general obligation bonds of the City, registered as to both principal and interest, in the denomination of Five Thousand Dollars ($5,000) each, or whole multiples thereof, numbered from R-1 upward and dated March 1, 1985. The Bonds shall mature on May 1 of each of the years and shall bear interest as follows: � � � OSIIEOSI!, NISCONSIN 6.0. REFU12D1N6 ISSUE DATED 5-1-85 S YEAP.S UF LAP.GER S!,VIliGS, THEN LEVEL SAVIiiGS �EBT SERYICE SCHEDULE �AiED DAiE: 03/O1/35 DELII'EP,Y DATE: 03!28/85 DATE PP,II�CIPdI RATE ------ -------------- -°-- 05J01/E6 2,850,0OO.OD 6.250 11/01�86 us/oi/c� z,v�o,000.00 �.000 11/O1/87 �5/01/88 2,915,000.00 J.500 il/0:/F3 OS/01/SY 2,E9�,OOO.OD 8.0�0 I1/O1/29 os/oi/so 2.,�ao,00a.00 s.2so 11/O1J90 OS/O1/91 2,565,0��.00 8.500 11/01�91 OS/01;�2 2,475,�00.00 8.750 11/01/92 OSJ01;93 2,4�0,000.00 9.O�D 11J01/93 OS/01�94 2,350,000.00 9.150 ilioi/va �5J01/95 1,370,000.00 9.300 11/O1/?5 OS/01/96 520,000.00 9.400 1;/O1/36 OSJ�I/9) 675,000.00 9.6�0 11/O1/91 OS/O1;?c� 670,00�.00 9.600 1lJOlJ93 OS/O1/99 750,000.0� ?.900 11/01/99 OS/01/OC 645,0�0.00 l0.000 1:/O1/00 05,�01/O1 465,000.�0 10.000 !1/O1/O1 OS(O1/02 465,000.00 10.�50 I1/O1/02 os/oi�oa aeo,000.00 io.ioo iiroiroa OS/01/Od 3d5,00�.00 10.100 -------- ------------- ------ TOTA; 30,560,000.00 ACCRU[D HET COSi AVEAAGE COUPON TIC BOIiD YEAP,S AVEHAGE LIFE NIC INTEREST 2,976,643.33 1,186,721.50 I,1E6,727.50 1,032,777.50 1,082,777.50 973,465.00 973,465.00 851,965.00 B57,B65.D�J 7d4,840.0� 74A,S40.00 635,527.50 635,621.50 S:7,Sd6.25 527,546.25 419,Sd6.25 d19,546.25 312,033.75 312,033.75 243,323.75 ?48,323.75 223�BSu.75 223,888.75 191,4u3.75 191,428.75 150,653.75 158,652.75 121,533.75 121,533J5 99,283.15 89,283.75 6b,033.75 66, 033 JS 41,662.50 A1,662.50 11,422.50 17,d22.50 1A,774,703.33 191,360.50 18,563,334.03 TOTAL 5,626,843.33 1,186,727.50 4,156,727.50 1,082,111.50 3,99J,777.50 973,465.00 3,86J,465.00 351,865.00 3,597,B65.OD �aa,eao.00 3,309,Bd0.00 635,d27.50 3,110,927.50 5;7,546.:5 2,927,54c.25 419,54ti.:5 ?,169,54n.25 312,D.i3.15 1,682,033.75 242,325.15 166,328J5 223,385.75 B98,68E.75 191,488J5 861, 466 JS 153,658.15 906,65b.75 121,533.15 766, 533 JS 89,283.75 554,283.75 66,033.75 SS1,D33.75 41,662.50 521,662.50 11,422.50 362,422.50 49,334,)03.33 191,3ti8.50 49,143,334.83 9.02339 8.61730 (FROH DELIVEfiY DATE) 20�,238.333�3 (FROM DATED DA1E1 ti.13909 9.01597 IFROH DAiEG LhiE) FISCAI TUTAL ),013,570.83 5,239,505.00 4,971,242.50 4,721,330.00 4,34:,705.00 3,945,661.50 3,638,373.15 3,347,092.50 3,081,590.OD 1,930,362.50 992,:17.50 1,090,3)J.50 1,020,141.50 1,030,192.50 855,817.50 b20,317.50 592,696.25 539,U85.00 362,422.50 � . °ear 1986 1987 19B8 1969 1990 1991 1992 1993 1994 1995 1996 1997 1996 1999 2000 2001 2002 2003 2004 Principal Amount Interest Rate Said interest shall be payable on May 1 and November 1 of each year, commencing May 1, 1986. The Bonds shall be subject to call and redemption prior to maturity as provided in the bond form herein provided. Section 3. Form of Bonds. The Bonds shall be substantially in the following form: 3 Number Rate R- (FOrm of Bond) UNITED STATES OF AMERICA STATE OF WISCONSIN COfJNTY OF WINNEBAGO CITY OF OSHKOSH GENERAL OBLIGATION REFUNDING BOND, SERIES 1985 Date of Maturity Date Original Issue March 1, 1985 $ Amount CUSIP KNOW ALL MEN BY THESE PRESENTS: That the City of Oshkosh, Winnebago County, Wisconsin (the "City"), hereby acknowledges itself to owe and for value received promises to pay to , or registered assigns, the principal sum of DOLLARS ($ ) on the maturity ate speci ied above, together with interest thereon from March 1, 1985 or the most recent payment date to which interest has been paid, unless the date of authentication of this Bond is after the 15th day of the calendar month immediately preceding an interest payment date, in which case interest will be paid from such interest payment date, at the rate per annum specified above, such interest being payable on the first days of May and November of each year, with the first interest on this issue being payable on May 1, 1986. For the prompt payment of this Bond with interest hereon as aforesaid, the full faith, credit and resources of the City have been and are hereby irrevocably pledged. Bonds of this issue maturing in the years 1996 through 2004 shall be subject to call and prior payment at the option of the City in whole or from time to time in part in inverse order of maturity (but within any maturity by lot) on May 1, 1995, or on any interest payment date thereafter, at the price of par plus accrued interest to the date of redemption. Notice of such call shall be given by the mailing of a notice thereof by registered or ceztified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books. Both principal hereof and interest hereon are hereby made payable to the registered owner in lawful money of the United States of America. The principal of this Bond shall be payable only upon presentation and Surrender of this Bond at the principal office of First wisconsin Trust Company, Milwaukee, Wisconsin, the Fiscal Agent, or any successor thereto. Interest hereon shall be payable by check or draft dated as of the applicable interest payment date and mailed from the office of the Fiscal Agent to the person in whose name this Bond is registered at the close of business on the fifteenth day of the calendar month next preceding each interest payment date. This Bond is transferable only upon the books of the City kept for that purpose at the principal office of the Fiscal Agent, or any successor thereto, by the registered owner in person or his duly authorized attorney, upon surrender of this Bond together with a written instrument of transfer (which may be endorsed hereon) satisfactory to the Fiscal Agent duly executed by the registered owner or his duly authorized attorney. Thereupon a new Bond or Bonds of the same aggregate principal amount, series and maturity shall be issued to the transferee in exchange therefor. The City and Fiscal Agent may deem and treat the person in whose name this Bond is registered as the absolute owner hereof for the purpose of receiving payment of or on account of the principal or interest hereof and for all othez purposes. The Bonds are issuable solely as negotiable, fully-registered Bonds without coupons in authorized denominations of $5,000 or any whole multiple thereof. This Bond is one of an issue aggregating $30,560,000, each of which is of like oziginal issue date and tenor except as to numbers, interest rates, redemption privilege and maturities, issued for the public purpose of refunding obligations of the City, including interest on them pursuant to an initial resolution duly adopted by the City Council at a meeting duly convened on February 21, 1985 and in full conformity with the Constitution and laws of the State of Wisconsin thereunto enabling, This Bond shall not be valid or obligatory for any purpose until the Certificate of Authentication hereon shall have been signed by the Fiscal Agent. Zt is hereby recited and certified that all acts, conditions and things required by law to be done precedent to and in the issuance of this Bond have been done, have happened and have been performed in regular and due form, time and manner; that a direct, annual irrepealable tax has been levied by the City sufficient in times and amounts to pay the interest on this Bond when it falls due and also to pay and discharge the principal hereof at maturity; and that this Bond, together with all other existing indebtedness of the City, does not exceed any constitutional or statutory limitation of indebtedness. IN WIZSIESS WHEREOF, the City of Oshkosh, Winnebago County, Wisconsin has caused this Bond to be executed in its behalf by the facsimile signatures of its City Manager and City Clerk, and its corporate seal or a true facsimile thereof to be impressed or imprinted hereon all as of the date of original issue specified above. Date of Authentication: CITY OF OSHROSH� WINNEBAGO COUNTY, WISCONSIN By_ (facsimile) By (facsimile) City Clerk City Manager 5 (Form of Certificate of Authentication) CERTIFICATE OF AUTHENTICATION This Bond is one of the issue authorized by the within-mentioned initial resolution of the City of Oshkosh, Wisconsin. FIRST WISCONSIN TRUST COMPANY Fiscal Agent By Authorized Signatory (Form of Assignment) FOR VALIIE RECEIVED the undersigned hereby sells, assigns and transfers unto Please insert Social Security or other identifying number of Assignee (Please print or typewrite name and address, including zip code, o Assignee} the within Sond, and all rights thereunder, hereby irrevocably constituting and appointing Attorney to transfer said Bond on the books kept for the registration thereof with full power of substitution in the premises. 0 Dated: Signature(s) guaranteed by: 7 NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Section 4. Tax Provisions. (A) Dizect Annual Irrepealable Tax. For the purpose of paying the principal of and interest on the Bonds as the same become due, the full faith, credit and resources of the City are hereby irrevocably pledged and there be and there hereby is levied on all the taxable property in the City a direct, annual, irrepealable tax in such years and in such amounts as are sufficient to meet such principal and interest payments when due; said tax is hereby levied in the following years and in the following minimum amounts: Year of Levy Amount 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 Year of Levy Amount 1995 1996 1997 1998 1999 2000 2001 2002 2003 (B) Tax Collection. The City shall be and continue without power to repeal such levy or obstruct the collection of said tax until all such payments have been made or provided for. After the issuance of the Sonds, said tax shall be, from year to year, carried into the tax rolls of the City and collected as other taxes are collected, provided that the amount of tax carried into said tax rolls may be reduced in any year by the amount of any surplus money in the Debt Service Account created in Section 5(A) hereof. (C) Additional Funds. If in any year there shall be insufficient funds from the tax levy to pay the principal of or interest on the Bonds when due, the said principal or interest shall be paid from other funds of the City on hand, said amounts to be returned when said taxes have been collected. Section 5. Debt Service Fu� and Account. (A) Creation and Deposits. There be and there hereby is established in the treasury of the City, if one has not already been created, a debt service fund separate and distinct from every other fund, which shall be maintained in accordance with generally accepted accounting principles. Sinking funds established for obligations previously issued by the City may be considered as separate and distinct accounts within the debt service fund. Within the debt service fund, there be and there hereby is established a sepazate and distinct account designated as the "Debt Service Account for 'General Obligation Refunding Bonds, Series 1985' dated March 1, 1985," (the "Debt Service Account") and said Account shall be maintained until the indebtedness evidenced by the Bonds is fully paid or otherwise extinguished. The City Treasurer shall deposit 0 in such Debt Service Account (i) all accrued interest received by the City at the time of delivery of and payment for the Bonds; (ii) the taxes herein levied for the specific purpose of ineeting principal of and interest on the Bonds when due; (iii) such other sums as may be nec2ssary at any time to pay principal of and interest on the Bonds when due; (iv) any premium which may be received by the City over and above the par value of the Bonds and accrued interest thereon; (v) surplus monies in the Borrowed Money Fund as specified in Section 6 hereof; and (vi) such further deposits as may be required by Sec. 67.11, Wis. Stats. (B) Use and Investment. No money shall be withdzawn from the Debt Service Account and appropriated for any purpose other than the payment of principal of and interest on the Bonds until all such principal and interest has been paid in full and canceled; provided (i) the funds to provide for each payment of principal of and interest on the Bonds prior to the scheduled receipt of taxes from the next succeeding tax collection may be invested in direct obligations of the United States of America maturing in time to make such payments when they are due; and (ii) any furx3s over and above the amount of such principal and interest payments on the Bonds may be used to reduce the next succeeding tax levy, or may, at the option of the City, be invested by purchasing the Bonds as permitted by and subject to Section 67.11(2)(a), Wis. Stats.; in interest-bearing obligations of the United States of America; or in other obligations of the City, which investments shall continue a part of the Debt Service Account. {C) Remaining Monies. When all of the Bonds have been paid in full and canceled, and all permitted investments disposed of, any money zemaining in the Debt Service Account shall be deposited in the general fund of the City, unless the City Council directs otherwise. Section 6. Borrowed Money Fund. All monies received by the City upon the delivery of the Bonds to the purchasez thereof except for accrued interest and premium, if any, shall be deposited by the City Treasurer into a Borrowed Money Fund and such fund shall be maintained separate and distinct from all other funds of the City and shall be used for no purpose othet than the purposes for which the Bonds are issued. Monies not immediately needed for such purposes may be invested in time deposits in any bank, trust c�npany or savings and loan association licensed to do business in Wisconsin, such deposits to mature within one year of the date of investment or the date such deposits are needed, whichever is earlier, oi in bonds or securities issued or guaranteed as to principal and interest of the United States Government or of a commission, board or other instrumentality of the United States Government. Any monies, including any income fro� permitted investments, remaining in the Borrowed Money Fund after the purposes for which the Bonds have been issued have been accomplished, and, at any time, any monies as are not needed and which obviously thereafter cannot be needed for such purposes shall be deposited in the Debt Service Account. Section 7. No Arbitrage. All investments permitted by this resolution shall be legal investments, but no such investment shall be made in such a manner as would cause the Bonds to be "arbitrage bonds" � within the meaning of Section 103(c)(2) of the Internal Revenue Code of 1954, as amended, or the Regulations of the Commissioner of Internal Revenue thereunder; and an officer of the City, charged with the responsibility for issuing the Bonds, shall certify as to facts, estimates, circumstances and reasonable expectations in existence on the date of closing which will permit the conclusion that the Bonds are not "arbitrage bonds," within the meaning of said Code or Regulations. Section 8. Fiscal Aqent. The City will enter into a contract First Wisconsin Trust Company, Milwaukee, Wisconsin, to sezve as its fiscal agent with respect to the Bonds pursuant to Wis. Stats. Sec. 67.10(2), which contract shall be substantially the form attached hereto as Exhibit B. The City Manager and City Clerk are hereby authorized to enter into such contract on the City's behalf. Such contract may provide among other things, for the performance by the fiscal agent of the functions listed in Wis. Stats. Sec. 67.10(2)(a) to (j), where applicable, with respect to the Bonds. Section 9. Persons Treated as Owners; Transfer of Bonds, The City Clerk shall cause books for the registration and for the transfer of the Bonds to be kept by the fiscal agent. 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 either principal or interest on any Bond shall be made only to the registered owner thereof. 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. Any Bond may be transferred by the registered owner thereof by surrender of the Bond at the office of the fiscal agent, duly endorsed for the transfer or accompanied by an assignment duly executed by the zegistezed owner or his attorney duly authorized in writing. Upon such transfer, the fiscal agent shall execute and delivez in the name of the transferee or transferees a new Bond or Bonds of a like aggregate principal amount, series and maturity and shall record the name of each transferee in the registration book. No registration shall be made to bearer. The fiscal agent shall cancel any Bond surrendered for transfer. The fifteenth day of each calendar month next preceding each interest payment date shall be the record dates for the Bonds. Payment of interest on the Bonds on any interest payment date shall be made to the registered owners of the Bonds as they appear on the registration book of the fiscal agent on the corresponding record date. Section 10. Escrow Trust Agreement• Appropriation of Additional Funds. For the purpose of providing for the payment and redemption of the obligations of the City being refunded by the Bonds (the "Outstanding Obligations"), the officers of the City are hereby authorized and directed to execute an Escrow Trust Agreement, in substantially the form attached hereto as Exhibit �, with First Wisconsin Trust Company, Milwaukee, Wisconsin, as Escrow Trustee with respect to the proceeds of the Bonds. The deposit of the proceeds of the Bonds into the Refunding Escrow Account to be established with the Escrow Trustee is hereby authorized and directed to be accomplished 10 immediately upon receipt of payment for the Bonds at the closing thereon, and the subsequent use, investment and disbursement thereof by the Escrow Trustee in the manner provided in the Escrow Trust Agreement is hereby authorized and approved. Such additional funds of the City (if any) as may be necessary to provide for the payment in full of the Outstanding Obligations are hereby appropriated for that purpose, and the deposit of such funds into the Refunding Escrow Account and the subsequent use, investment and disbursement thereof by the Escrow Trustee in the manner provided in the Escrow Trust Agreement is hereby authorized and approved. Section 11. Call of Obligations. Those issues of Outstanding Obligations described in Exhibit D hereto (the "Called Obligations") are hereby called for prior payment on the respective dates set forth in Exhibit D, Notice of the call of the Called Obligations shall be given at such times and in such manner as is necessary or desirable in accordance with the terms of the Called Obligations. Section 12. Closing. The City Manager and City Clerk are hereby authorized and directed to execute and deliver the Bonds to the purchaser thereof upon receipt of the purchase price. The City Manager and City Clerk may execute the Bonds by manual or facsimile signature, but, unless the City has contracted with the fiscal agent to authenticate the Bonds, at least one of said officers shall sign the Bonds manually. The officers of the City hereby are directed and authorized to take all necessary steps to close the bond issue as soon as practicable hereafter, in accordance with the terms of sale thereof, and said officers are hezeby authorized and directed to execute and deliver such documents, certificates and acknowledgments as may be necessary or convenient in accordance therewith. Adopted March 4, 1985. J��c�� J71. ���;�, Ma}�'c�r '� . � . . City Clerk 11 • y The Resolution was thereupon declared adopted. (Here occurred business not pertinent to the bond issue.) Upon motion made and seconded, the meeting was adjourned. Dated March i, 1985 � �; � � ;;`, Donna C. Serwas, City Clerk , City of Oshkosh 12 EXHIBIT A �''T','^-"9 Fl�Z�T `JVlSCONSIN • r.�IU�JAUI<EE j.;� ;� � ;� ,, , 1.1UNICIPAI AND vOVGRNMENiHL FiNANCE DI'✓ISION March 4, 1985 I3onorable Mayor and City Council City of Oshkosh 215 Church Street Oshkosh, Wisconsin 54902 Honorable Mayor and Council Members: At the present tiure the City of Oshkosh, Wisconsin has outstanding various General Obligation bond and note issues. The City has decided to advance refund sul�stantially zll of these bonds and notes, effectively re-structuring its existing debt service. Based or. the above, First Wisconsin National Bank of Milwaukee and Stern srethers and Canpany (hereinafter the Undenariters) hereby contract with you as follaas: 1. For $30,560,000 par value o£ City of Oshkosh, Winnebago County, v,isconsin General Wligation Refvnding Bonds, Series 1985, we will pa�� the City 'IWenty-*7ine Million Four Hundred Ninety Thousand Four Huncred Dollars ($29,490,400) plus accrued interest £rom March 1, 1985 to the date of delivery to us. The purchase price reflects a discount of three and one-half percent (3-1/201. The discount is c�nprised approximately as follaas: undenvriting three percent (38) and issuance expenses one-half percent (1J2�). The bonds will be in 55,000 denomir:ations or integral tc¢iltiples thereof and will mature and pay interest as set forth on the attached Schedule A. The first interest payment will be due on May 1, 1986 with succeeding interest payirents due and payable on the first days of Novanber and May each year. 2. Ti-�e City agrees to use First wisconsin Tzust Can�any as registrar, payir,g agent, and escraa bank for the bond issue. cia<; v.��SCOrdS��ri rv:.*� �.:r:nt n�.�d. OF nniL�h�tii ��.��.:. -?7 EqSr r�6COr�5W nvENUE �nitwnU�'FE. vdi5CON5iN 5320: FIRST WISCONSIN NATIONAL BANK OF MILWAUKEE Honorable Mayor and City Cwncil City of Oshkosh Page 2 3, The proceeds of the bond issue plus discount will be used appmximately as follows: A. Purchase of goverm�ents and [��ch for the escrow fund for the reivncling. B. Issuance F7cpenses C. Urx%xwriter's Discount Approx. $29,490,400 Approx. 152,800 Approx. 916,800 'ibtal $30,560,000 4. The annual esctaa fee, the bond registrar and paying agent fees inr t�e refunding bonds will be paid as pa�.-t of the issuance expenses. 5, pYom the Undexwriters' discamt and issuance expenses, the undeiwriters wi.11 pay all expenses of the transaction, included, but not lunited to: bond oounsel, undenariter°s counsel, special tax counsel, local counsel, bond printing, O.S. printing, CPA fees, bond registrar and escirow trustee acceptance and annual fees, ca�uter p,xpenses, and any City and/or Undexwriter out-of-pocket expenses. 6. The City agrees to have ready at the anticipated closing date (March 28, 1985) appmximately $9,558,415 for the purchase of open market U. S. Goverrment securities to be plac�d in the escrow for the defeasance of the outstanding box�ds. 7. Zrie Undeiwriters will arrange far subscription and payment for the U. S. Goverrnre�lt Securities (State an8 Iacal C�versnm.nt Series) and beginning cash balance necessary to fund the Escrow Trust Account. 8. �rie net interest less accrued interest is $49,143,334.83 and the net interest wst inclusive of discount (less expenses) is 9.45623. 9. This proposal is svbject to: A. The unqualified legal opinion of Quarles & Brady, Bond Counsel, as related to the legality of the bonds and their exa�g�tion £mn Federal In�ie Taxes. B. 0.ir receivirn� a caig�lete transcript of proceedings including a mn-litigation certifiwte showix�g that x�o litigation of any nature is pending against the City that would affect this transaction and any other duly e3cecuted certificate requested by Eond Counsel. C. Passage of any permissive referendum period without valid petition. FIRST WISCONSIN NATIONAL BANK OF MILWAUKEE Honorable Mayor and City Council City of Oshkosh Page 3 The abwe refunding plan is sulYnitted for yaur i�mediate acceptance. Respectfully sutmitted, r r � � r� � i r rs_l,��a �� RLC17dLd D. C£OT(jE� V10E PI2S1Ci2Ilt & Manager �•� :•• ��� S•�P;U �� Gerald W. K�ntzle, Senior Vice President 1l�e foregoing bo� purchase agreanent is hereby accepted for and on behalf of the City of Qshkosh, Wisconsin. Tt� Ux�denariters are hereby authorized to take apprapriate action to implanent and ca�q�lete the reiundinq transaction including acting as agent in subscribing for the State and Iocal Goveixmient Series of U. S. Treasuzy Securities, pursuant to prc�er authorization. Dated this 4th Day of March, 1985. (Seal) Attest: r � sxxzsiT s FISCAL AGENCY AGREEMENT THIS AGREEMENT, made as of this lst day of March, 1985, between the City of Oshkosh, Wisconsin ("Municipality"), and First Wisconsin Trust Company, MilwaUkee, Wisconsin ("Bank" or "Fiscal Agent"). WITNESSETH: wHEREAS, the Municipality has authorized the issuance of its $30,560,000 General Obligation Refunding Bonds, Series 1985. dated March 1, 1985 (the "Obligations") pursuant to Resolutions adopted by the Municipality on Febzuary 21, 1985 and March 4, 1965; and WHEREAS, the Municipality is issuing the Obligations in registered form pursuant to Section 103 of the Internal Revenue Code of 1954, as amended, and applicable Tzeasury Regulations promulgated thereunder; and WHEREAS, pursuant to the Resolution of March 4, 1985 and Sec. 67.10(2) Wis. Stats, the Municipality has authorized the appointment of the Bank as fiscal agent of the Municipality for payment of principal and interest on, registering, transferring and authenticating the Obligations as well as other applicable responsibilities permitted by Sec. 67.10(2) Wis. Stats. NOW, THEREFORE, the Municipality and the Bank hereby agree as follows: 1 i I. APPOINIMENT Bank is hereby appointed fiscal agent of the Municipality with respect to the Obligations for the purpose of performing such of the responsibilities stated in Sec. 67.10(2) Wis. Stats. as are delegated herein or as may be otherwise specifically delegated in writing to the Fiscal Agent by the Municipality. ZI. INVESTMENT RESPONSI�IIS TY The Fiscal Agent shall not be under any obligation to invest funds held for the payment of interest or principal on the Obligations. III. PAYMENTS At least one business day before each interest payment date (commencing with the interest payment date of May 1, 1986 and continuing thereafter until the principal of and interest on the Obligations should have been fully paid or prepaid in accordance with their terms) the Municipality agrees to and shall pay to the Fiscal Agent, in good funds available to the Fiscal Agent on the interest payment date, a sum equal to the amount payable as principal of, premium, if any, and interest on the Obligations on such interest payment date. Said interest and/or principal payment dates and amounts are outlined on Schedule A. E , . IV. CANCII,LATION In every case of the surrender of any Obligation for the purpose of payment, the Fiscal Agent shall cancel and destroy the same and deliver to the Municipality a certificate regarding such cancellation. The Fiscal Agent shall be permitted to microfilm or otherwise photocopy and record said Obligations. V. REGISTRATION BOOR Fiscal Agent shall maintain in the name of the Municipality a Registration Book containing the names and addresses of all owners of the Obligations and the following information as to each Obligation: its number, date, purpose, amount, rate of interest and when payable. The Fiscal Agent shall keep confidential said information in accordance with applicable banking and governmental regulations. VI. INTEREST PAYMENT Payment of each installment of interest on each Obligation shall be made to the registered owner of such Obligation whose name shall appear on the Registration Book at the close of business on the 15th day of the calendar month next preceding the interest payment date and shall be paid by check or draft of the Fiscal Agent mailed to such registered owner at his address as it appears in such Registration Books or at such other address as may be furnished in writing by such registered owner to the Fiscal Agent. �3 , < VII. PAYMENT OF PRINCIPAL Principal shall be paid to the registered owner of an Obligation upon surrender of the Obligation on or after its maturity or redemption date. in the event the Municipality exercises its option to redeem any of the Obligations, the Municipality shall direct the Fiscal Agent to give notice of such redemption by mailing a notice thereof by registered or certified mail at least 30 days prior to the date fixed for redemption to the registered owner of each Obligation to be redeemed in whole or in part at the address shown in the Registration Book. Such direction shall be given at least 45 days prior to such redemption date. The Obligations to be redeemed shall be redeemed in inverse order of maturity and, within any maturity, shall be selected by lot by the Fiscal Agent in such manner as the Fiscal Agent may determine. VIII. OBLIGATION TRANSFER & EXCHANGE The Municipality will supply the Fiscal Agent with _ printed Obligations no less than five business days prior to the closing which are to be canplete except for: 1. Name of registered owner 2. Face principal amount 3. Interest rate 4. Maturity date 5. Date of Authentication 6. Authenticating signature 4 , . 7. CUSIP Number The Fiscal Agent will prepare Obligations in the aggregate principal amount of $30,560,000 in the names of the persons designated by the Municipality so as to be available for authentication by the Fiscal Agent in connection with the closing for the Obligations. The Fiscal Agent shall transfer Obligations upon presentation of a written assignment duly executed by the registered owner or by such owner's duly authorized representative. Upon such a transfer, new registered Obligation(s) of the same maturity, in authorized denomination or denominations in the same aggregate principal amount for each maturity shall be issued to the transferee in exchange therefor, and the name of such transferee shall be entered as the new registered owner in the Registration Book. No Obligation may be registered to bearer. The Fiscal Agent may exchange Obligations of the issue for a like aggregate principal amount of Obligations of the same maturity in authorized whole multiples of $5,000. The Obligations shall be numbered R-1 and upward. Upon any transfer or exchange, the Obligation or Obligations issued shall bear the next highest consecutive unused number oz numbers. IX. The Fiscal Agent shall sign and date the Certificate of Authentication on each Obligation on the date of delivery, transfer oz exchange of such Obligation. The Fiscal Agent shall distribute the Obligations in accordance with the direction of the registered owners thereof. 5 X. STATEMENTS The Fiscal Agent shall furnish the Municipality with an accounting of interest and funds annually beginning December 15, 1986. XI. FEES The Municipality agrees to pay the Fiscal Agent fees for its services hereunder in the amounts set forth on Schedule B hereto. XII. MISCELLANEOUS (a) In the event the check or draft mailed by the Fiscal Agent to the registered owner is not presented for payment within four years of its date, then the monies representing such nonpayment shall be returned to the Municipality or to such board, officer or body as may then be entitled by law to receive the same together with the name of the registered owner of the Obligation and the last mailing address of record and the Fiscal Agent shall no longer be responsible for the same. (b) Resignations; Successor Fiscal Agent. Fiscal Agent may at any time resign by giving not less than 60 days written notice to Municipality. Upon receiving such notice of resignation, Municipality shall promptly appoint a successor fiscal agent by an instrument in writing executed by order of its governing body. If no successor fiscal agent shall have been so appointed and have accepted appointment within 60 days after such notice of resignation, the resigning fiscal agent may petition any court of competent jurisdiction for the appointment of a successor fiscal agent. Such court may thereupon, [j a after such notice, if any, as it may deem proper and prescribes, appoint a successor fiscal agent. Any successor fiscal agent shall be qualified pursuant to Sec. 67.10(2) Wis. Stats., as amended. Any successor fiscal agent shall execute, acknowledge and deliver to Issuer and to its predecessor fiscal agent an instrument accepting such appointment hereunder, and thereupon the resignation of the predecessor fiscal agent shall become effective and such successor fiscal agent, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts, duties and obligations of its predecessor, with like effect as if originally named as fiscal agent herein; but nevertheless, on written request of Municipality, or on the request of the successor, the fiscal agent ceasing to act shall execute and deliver an instrument transferring to such successor fiscal agent, all the rights, powers, and trusts of the fiscal agent so ceasing to act. Upon the request of any such successor trustee, Municipality shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor fiscal agent all such rights, powers and duties. Any predecessor fiscal agent shall pay over to its successoz fiscal agent any funds of the Municipality. (c) Termination. This Agreement shall terminate four years after (i) the last principal payment on the Obligations is due (whether by maturity or earlier redemption) or (ii) the Municipality's responsibilities for payment of the Obligations are fully discharged, whichever is later. The parties realize that any funds hereunder as shall remain upon termination shall be turned over to the Municipality 7 . . after deduction of any unpaid fees and disbursements of Fiscal Agent. Termination of this Agreement shall not, of itself, have any effect on Municipality's obligation to pay the outstanding Obligations in full in accordance with the terms thereof. (d) Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. IN WI7SIESS WHEREOF, the parties have executed this Agreement, being duly authorized so to do, each in the manner most appropriate to it, on the date first above written. CITY OF OSHROSH By City Manager City Clerk FIRST WISCONSIN TRUST COMPANY Fiscal Agent By Title Attest Title 7 SCHEDULE A Debt Service Schedule $30,560,000 City of Oshkosh, Wisconsin, General Obligation Refunding Bonds, Series 1985, dated March 1, 1965 Interest Payment Date Principal Rate Interest Total SCHEDULE B 10 EXHIBIT C Escrow Trust Agreement This Escrow Trust Agreement is made and entered into this 28th day of March, 1985, by and between First Wisconsin Trust Company, Milwaukee, Wisconsin ("Escrow Trustee") and the City of Oshkosh, Winnebago County, Wisconsin ("issuer"). Rec itals The IssUer currently has outstanding the issues of obligations described in Schedule A hereto (referred to herein as the "Refunded Obligations"). Issuer has authorized and sold and is delivering this day its $30,560,000 General Obligation Refunding Bonds, Series 1985, dated March 1, 1985, which are being issued for the purpose of providing funds sufficient to zefund the Refunded Obligations (the "Refunding Obligations"). Escrow Trustee has been appointed to hold and administer the Refunding Escrow Account herein established with the proceeds of the Refunding Obligations. In consideration of the mutual covenants and agreements herein set forth, the parties therefore agree: 1. Escrow Deposit. Concurrently with the execution of this Agreement, Issuer has deposited $ of the proceeds of the Refunding Obligations and $ of funds of the Issuer, which sum is necessary to acc �nplish the purposes hereof, to be held and used by Esczow Tzustee, together with any ;nvestment income acctuing thereto, in trust only as herein set forth. Issuer represents and warrants that this trust deposit, when held, invested and paid in accordance herewith will be sufficient to make all payments required hereby, and agrees that if at any time it shall appear to Escrow Trustee that such trust deposit will not be so sufficient, it will, upon notice by the Escrow Trustee, forthwith deposit in the Refunding Escrow Account money on hand and legally available fot that purpose to the extent zequired to meet fully the payments required hereby. 2. Acceptance of Trust. Escrow Trustee acknowledges receipt of the trust deposit hereunder and accepts the responsibilities imposed on it, as Escrow Trustee, by this Agreement. 3. Application of Tzust Deposit. Escrow Tzustee shall deposit the trust deposit hereunder into a Refunding Escrow Account to be used and invested as follows: (a) Use of Trust Deposit. The Escrow Trustee shall: (i) on the date hereof, purchase the U.S. Treasury State and Local Government Series Book-Entry Securities ("SLGS") described on Schedule B hereto, in the principal amount of and for the price of $ and pay for them from the moneys in the Refunding Escrow Account, and hold the purchased SLGS in the Refunding Escrow Account; (ii) on the date hereof, make payment for the U,S. government securities ("Securities") described on Schedule C hereto at the price of $ with the funds of the Issuer on deposit in the Refunding Escrow Account, and hold the purchased Securities in the Refunding Escrow Account; (iii) apply $ administrative Obligations in Issuer; to the payment of current expenses with respect to the Refunding accordance with the directions of the (iv) return $ to the Issuer for deposit into the Debt Service Account for the Refunding Obligations, such amount representing accrued interest paid with respect to the Refunding Obligations; and (v) hold the $ balance of the trust deposit in cash in the Refunding Escrow Account until distributed as provided in subsection (c) hereof. (b) Purchase of Other Securities. With the written consent of the Issuer, the Escrow Trustee may initially purchase U.S. government securities other than those set forth on Schedule C, provided that the principal amount thereof is at least equal to the principal amounts set forth on Schedule C and the maturity dates are on or before the maturity dates set forth on Schedule C, so that the Refunding Escrow Account is sufficient for its purposes. In the event of such purchase, the Escrow Trustee may substitute the correct securities set forth on Schedule C without further authorization hereunder. (c) Distribution of Refunding Escrow Account. The Refunding Escrow Account (other than the cash held in the Refunding Escrow Account pursuant to subsection (a)(v) above) shall remain invested in the SLGS and the Securities. Except as provided in subsection (b) above or in Section 5 below, the Escrow Trustee shall not sell or otherwise dispose of the SLGS or the Securities and no further investment or reinvestment of moneys in the Refunding Escrow Account shall be permitted or made on behalf of the Issuer. Escrow Trustee shall apply the moneys in the Refunding Escrow Account to the timely payment of the principal of and interest on the Refunded Obligations at the times and in the amounts set forth on attached Schedule D, by appropriate and timely transfers to the respective paying agents for the Refunded � Obligations, as listed on Schedule D. 4. Call of Refunded Obli ations. The Issuer has called ceztain of the Refunded Obligations, as described in Schedule E hereto, for redemption on the respective redemption dates set forth in said Schedule E. The Escrow Trustee shall cause timely notice of the call of the Refunded Obligations to be given as necessary or desirable in accordance with the tetms of the Refunded Obligations to be redeemed. Such notice shall be in substantfally the form attached hereto as Schedule F. The Escrow Trustee shall also cause notice of the redemption of the Refunded Obligations to be given to the paying agents for the Refunded Obligations. Such notice shall be given by registered or ce�tified mail at least forty-five (45) days prioc to the respective redemption dates. 5. Substitute Investments. At the written request of the Issuer and upon compliance with the conditions hereinafter stated, the Escrow Trustee shall have the power to request the redemption of the SLGS or sell, transfer, request the redemption or otherwise dispose of the Secuzities and to substitute dizect obligations of, or obligations which are unconditionally guaranteed by, the United States of America, which aze not subject to tedemption prior to maturity except at the option of the holder thereof and which are available for purchase with the proceeds derived from the disposition of the SLGS and Securities on the date of such transaction. The Escrow Trustee shall purchase such substitute obligations with the proceeds derived from the sale, transfer, disposition or redemption of the SLGS and Securities. The transactions may be effected only by simultaneous sale and purchase transactions, and only if (i) the amounts and dates on which the anticipated transfers from the Refunding Escrow Account to the paying agents for the payment of the principal of and interest on the Refunded Obligations will not be diminished or postponed thereby, (ii) the Escrow Trustee shall receive, at the expense of the Issuer, an opinion of a nationally recognized firm of attorneys experienced in the area of municipal finance to the effect that such disposition and substitution would not cause any of the Refunding Obligations to be an "arbittage bond" within the meaning of Section 103(c) of the Code of 1954, as amended and the regulations thereunder; and (iii) the Escrow Trustee shall receive from an independent certified public accountant a certification that, after such transaction, the principal of and interest on the State and Local Government Series obligations and the U.S. g�ernment obligations in the Refunding Escrow Account will, together with othei moneys in the Refunding Escrow Account available for such purpose, be sufficient at all times to pay, when due, the principal of and interest on the Refunded Obligations. The Issuez hereby c w enants that no part of the moneys or funds at any time in the Refunding Escrow Account shall be used directly or indirectly to acquire any securities or obligations, the acquisition of which would cause any Refunding Obligations to be "arbitrage bonds" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended. 3 5. The Escrow Trustee, (a) Escrow Trustee's Fee. The Escrow Trustee shall be paid a fee of $ for the performance of its services hereunder. The cost of publishing the notices of redemption required by Section 4 hereof shall be the responsibility of the Issuer. (b) Annual Report. Escrow Trustee shall, in the month of February of each year while this Agreement is in effect, forward by first class registered mail to the Issuer a report of the receipts, income, investments, redemptions and payments of and from the Refunding Escrow Account during the preceding calendar year, including in such report a statement, as of the end of the preceding calendar year, regarding the manner in which it has carried out the requirements of this Agreement. Issuer shall have the right, at any time during business hours, to examine all of the Escrow Trustee's records regarding the status and details of the Refunding Escrow Account. (c) Separate Funds; Accountability. Except as otherwise permitted under Section 3(b) and (c) hereof, Escrow Trustee shall keep all monies and securities deposited hereunder, all investments and all interest thereon and profits therefrom, at all times in the special fund and separate trust account, wholly segregated from all other funds and securities on deposit with it; shall never commingle such deposits, investments and proceeds with other funds or securities of Escrow Trustee; and shall never at any time use, loan or borrow the same in any way. The several funds established hereunder shall be held separately and distinctly and not commingled with any other such fund. Nothing herein contained shall be construed as requiring Escrow Trustee to keep the identical monies, or any part thereof, received from or for Issuer's account, on hand, but monies of any equal amount shall always be maintained on hand as funds held by Escrow Trustee as trustee ' belonging to Issuer and a special account thereof, evidencing such fact, shall at all times be maintained on the books of Escrow Trustee. In the event Escrow Trustee is unable or fails to account for any property held hereunder, such property shall be and remain the property of Issuer and if, for any reason, such property cannot be identified, all other assets of Escrow Trustee shall be impressed with a trust for the amount thereof and Issuer shall be entitled to the preferred claim upon such assets enjoyed by any trust beneficiary. Property held by Escrow Trustee hereunder shall not be deemed to be a banking deposit of the Issuer, and Escrow Trustee shall have no right or title with respect thereto (including any right of set-off) and the Issuer shall have no right of withdrawal thereof. (d) Liability. Escrow Trustee shall be under no obligation to inquire into or be in any way responsible for the performance or nonperformance by Issuer or any paying agent of any of its obligations, or to protect any of Issuer's rights under any bond proceeding or any of issuer's other contracts with or franchises or privileges from any state, county, municipality or other governmental agency or with any person. Escrow Trustee shall not be liable for any act done or step J taken or omitted by it, as Escrow Trustee, or for any mistake of fact or law, or for anything which it may do or refrain from doing in good faith and in the exercise of zeasonable care and believed by it to be within the discretion or power conferred upon it by this Agreement, except for its negligence or its default in the performance of any obligation imposed upon it hereunder. Escrow Trustee shall not be responsible in any manner whatsoever for the recitals or statements contained herein, including without limitation those as to the sufficiency of the trust deposit to accomplish the purposes hereof or in the Refunded Obligations or the Refunding Obligations or in any proceedings taken in connection therewith, but they are made solely by the Issuer. (e) Resignations; Successor Escrow Trustee. Escrow Trustee may at any time resign by giving not less than 60 days written notice to Issuer. Upon giving such notice of resignation, the resigning Escrow Trustee may petition any court of competent jurisdiction for the appointment of a successor escrow trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribes, appoint a successoz escrow trustee of c�nparable qualifications to those of the resigning Escrow Trustee. The resignation of the Escrow Trustee shall take effect only upon the appointment of a successor escrow trustee and such successor escrow trustee's acceptance of such appointment. Any successor escrow trustee shall be a state or national bank, have full banking and trust powers, and have a combined capital and surplus of at least $5,000,000. Any successoz escrow trustee shall execute, acknowledge and deliver to Issuer and to its predecessor escrow trustee an instrument accepting such appointment hereunder, and thereupon the resignation of the predecessor escrow trustee shall become effective and such successor escrow trustee, without any furthez act, deed or conveyance, sha11 become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as escrow trustee herein; but neveztheless, on written request of Issuer or on the request of the successor escrow trustee, the escrow trustee ceasing to act shall execute and deliver an instrument transferring to such successor escrow trustee, upon the terms herein expressed, all the rights, power, and duties of the escrow trustee so ceasing to act. Upon the request of any such successor escrow trustee, Issuer shall execute any and all instzuments in writing for more fully and certainly vesting in and confirming to such successor escrow trustee all such rights, powers and duties. Any predecessor escrow trustee shall pay over to its successor escrow trustee a proportional part of the escrow trustee's fee hereunder. 6. Miscellaneous. (a) Third-Party Beneficiary. This Agreement has been entered into by Issuer and Escrow Trustee for the benefit of the holders of the Refunded Obligations, and is not revocable by Issuer or Escrow Trustee. The Refunding Escrow Account has been irrevocably 5 pledged to the payment of principal of and interest on the Refunded Obligations in accordance with this Agreement. Notwithstanding the foregoing, this Agreement shall not be construed as creating any rights in or obligations to any person other than the parties hereto. (b) Severabilitv. If any section, paragraph, clause or provision of this Agreement shall be invalid or ineffective for any reason, the remainder of this Agreement shall remain in full force and effect, it being expressly hereby agreed that the remainder of this Agreement would have been entered into by the parties hereto notwithstanding any such invalidity. (c) Termination. This Agreement shall terminate on , The parties realize that any funds hereunder as shall remain upon termination shall be returned to the Issuer, after payment of any unpaid fees or expenses of the Escrow Trustee. Termination of this Agreement shall not, of itself, have any effect on Issuer's obligation to pay the Refunded Obligations or the Refunding Obligations in full in accordance with the terms thereof. IN WITNESS WHEREOF, the parties have executed this Agreement, being duly authorized so to do, each in the manner most appropriate to it, on the date first above written. (SEAL) (SEAL ) CITY OF OSHKOSH, WISCONSIN By City Manager Attest City Clerk FIRST WISCONSIN TRUST COMPANY, Escrow Trustee By Title At te s t Title � SCHEDULE A 1. Corporate Purpose Notes, 1975 2. Refunding Bonds, dated 4/1/77 3. Corporate Purpose Bonds, dated 4/1/77 4. Promissory Notes, 1977 (Public Works Equipment) 5. Promissory Notes, 1977 (Industrial Park Acquisition) 6. Corporate Purpose Sonds, dated 5/1/76 7. Promissory Notes, dated 5/1/78 8. Corporate Purpose Bonds, dated 5/1/79 9. Corporate Purpose Bonds, dated 5/1/80 10. Promissory Notes, dated 5/1/80 11. Corporate Purpose Bonds, dated 5/1/81 12. Promissory Notes, dated 5/1/B1 13. Corporate Purpose Bonds, dated 5/1/82 14. Corporate Purpose Bonds, dated 5/1/83 15. Refunding Promissory Notes, dated 5/1/83 16. Promissory Notes, dated 5/1/83 17. Notes, dated 11/7/83 16. Corporate Purpose Bonds, dated 5/1/84 19. Notes, dated 5/1/84 20. Refunding Bonds, dated 5/1/84 21. Promissory Notes, dated 6/1/84 22. Sewer Bonds, dated 11/1/84 F SL65 DENOMIMAiION: l00.00 PRICE: 100.000 MAtORlil fIR51 N0. PAA OdTE COUPON PAYIffNi "'" """"""""' """" ""_"" ""____ J0,500 06�OII85 51,3110 07/Ol/85 ie9,�oo io�mles iiloi/as iZ�ai/es 2.167.900 0/�01/86 1.0/1,200 OS/O1/86 25,IU0 �6/O1/% i�s,soo to�ai/ea 6t,900 i1�0U86 12/O1/86 z,a�.�oo o�/oi/e� 1.135,000 US/01�87 2J,800 06/Ol/8] 122,000 ]0/Ol/W 93,800 11/0t/W 12/01/87 i,N5,000 01/Ol/88 1,965,700 OS/01/88 06�OII8b 80.60D 10/01)88 1V,800 I1�01/88 11/Ol/88 /9,BU0 01l01/07 2,201,T00 OS(Ol/B9 06�01/89 lOf01(89 u/ouev 12J01(89 01/Ol/90 1,588,�00 OS/01�90 06�Oi/90 io�mrs� u/oi/� l2/01/9� o�/oirvi 1.661.500 05101/91 06(01/9I IOI01/91 /,/OD I1101191 12101�91 01/Ot191 2.121,300 OSI01/92 os/oi/n io�ai/ss 11.100 tl(Ol/9Y I2�01/92 01/0l)9J 1,06/,7(10 05101/93 06/Ol/97 10/01�93 33.)00 I1/01/97 12/01193 01�01/9/ ].170,20D US/01�91 91,BOU 06/01/9/ 3,1I5,B00 11/01/9/ 791,800 OS/01/95 L100 11/01/95 251,/00 OS/OU96 1,500 11/01/96 253,700 OSJ01197 7.700 ll/01/97 5/7,700 05�01/98 11/O1/9B OSJOI/99 1/,931,100 """"""" """_""""" 06�Oi/85 o»oirss ioloues u/m/as �z/mles 10/O1/85 11/O1f85 06/Ot/85 10/O1f05 ❑/01/85 06/O1/BS 1./66 10/Dl(BS 9.500 11�01/85 9.500 06/O1/85 9.900 lU/01J85 9.900 11J01/85 9.900 06/01/85 IO.I50 10/01/85 ,o.zoa ,iro,res 10.250 06/O1/85 10.250 10(O1/BS 10.P50 lll01�85 ]0.250 06J01/85 10.500 ID/O1J85 10.500 11/01/85 t0.5U0 06/01/BS 10.600 !0/Ol/85 10.600 11)O!/85 10.600 06(O1/85 io.no �o/ai�as 10.750 I1J0!/85 10.750 06/01/85 90.750 10101/85 lOJ50 11101/85 1OJ50 06/01(85 ia.vw io/oi�es 10.900 I1/Ol/85 10.900 06/01/85 10.9U0 10/U1/85 10.900 II/�1/85 1�.900 06/01/85 11.000 10/D!/85 ii.om i,/o�res ii.000 os/oi/es ti.oao taloties II.OW 11�O1/95 I1.00D U6101/85 11.100 10/01/85 11.100 11I01)85 1I.100 06/01�85 u.iao io/ot/es 11.100 1l/Ullb3 ]I.100 06/01/85 11.150 IU�01�85 n.iso n/oi�es 11.150 06JD1I85 11.150 11/Ol/85 11.150 1110t/85 11.150 I1�01/BS I1.150 il/Ol/85 11.ISD I1(O!/85 11.150 I1/O1/85 11.150 11/OUBS ! L I50 11/01/BS IL150 11�01/&S ll.150 II/01/85 SCHEDULE B DESCRIPTION OBLIGATIOt3S - GOVERNMENT OF U.S. TREASURY STA`PE AND LOCAL SERIES ("SLGS") Maturity Principal Interest Type Date Amount Rate PUACHASES 1NTERESi FIASi IHi ESC XANA111 SGR� MYMEN( P41 AEV NO PAA OENOX DAiE COUPON PRICE YIEI� DAiE UAiE FAE CO�E "" "'"_"___ """' ""'""' _"'_' ""'"" '""_ "'""" '""'__"' "' '"" 1,010,000 Y4S,0� 1,/67,000 i09.000 i.on,000 179,000 1.007,000 118,000 663.000 96.000 619,U�0 690,000 610.000 78,000 178,U� 31,000 IJ/,000 t8.OD0 759.000 /,000 IO/,OW 10,1/7.000 1.000 02J15�87 1,000 OS/IS/81 1,000 OB(15/81 I,OOU 11JI5/B7 1,D00 02(151� 1.000 05j15/88 1,000 OB/I5�88 i,ono wts/ee 1.000 02/15�89 1,000 OS/15/89 1,000 OB/15/89 LW� ll/15J89 1,000 O1/15/90 1,000 US/15J90 1,000 OB/15/90 1,D00 II/IS/9a 1,000 D2/15/91 I.000 OS/IS/91 I.000 08/15/91 1,000 ll/IS/91 I,000 02/ISJ9P i,oao os/tslsz ,,000 osrislsz 1.000 I1/15l92 1,000 02/15/93 1,000 OS/15/97 l.000 OB/15J9S 1,000 1U15/93 I.WO 02J15/9/ 1,000 OS/15J91 1,000 08115(94 i.aoo tilts/sa 1,000 02/15/95 1,000 OS/IS/95 1,000 08/15/95 1.000 11)!S/95 1,000 02/15/96 1.000 0.5/IS/96 1,000 08/35/96 1.000 11I15/96 ],000 01/15/97 1,000 OS/15/97 1,000 08/IS/97 1.000 11/15/9] I.D00 U2/15/98 1.000 OS/15�98 i,000 oa/,srse 1.000 11I15198 1,000 D2/IS/99 I.OAO �S/15/99 l,000 08I15/99 1,�00 ll/15/99 i3ODU 01/15/00 i,000 oslisr� i,000 oe/ts/�o 1,000 lUISi� 1,000 oP�15/Ol 1.000 05�15/01 1.000 OB/IS/O1 1.000 !1/IS/O1 t,00u mJts/o2 1,000 OS/15/01 I,000 OB/IS/01 i,000 ii/�s/o2 I,OOU 02/!5/U3 i,oao osnslaa 1.00U 08/15l�3 1,000 11/IS/93 1,000 Ot�IS�Od l,000 US/I5�0/ 1,000 OB/15�0/ 1.000 Il/1Si0/ 82.937 l0.200 02/IS/85 OB/IS/85 8�.9W IO.Y00 li/15I8/ OS/15/85 7B.556 10.100 OY(15/BS OB/!5/BS 76.590 l0./U0 !l/IS/Be OSjIS/85 72.959 1t.250 02/IS/85 OB/15J85 70.9d9 I1.250 llp5/8/ 05�15185 69.073 11.Y50 0:/15/BS 08/15/85 67.P09 (1.250 11/15l81 OSJIS/85 6/.257 31.730 02/15/85 OB/IS/85 62.//8 11.]SO Il/!5(81 OS/15/85 60.318 11.880 02/15/BS OB/IS/85 58.603 11.880 ll/I51�1/ OS/!5)85 56.936 11.880 02l�5/85 OB/IS/85 55.3ll 1LB80 11115/8/ 05�15/85 53.47] 11.9B0 02/15/85 08/IS/85 51.938 ll.980 IIJ13/81 OS/!S/&S so.i�o iz.oeo o2/is/es oe/is/es �s.ni tt.oeo ttps/a� os/is/es 17.717 12.OB0 02/15/HS OB/15/85 /5.9/6 11.080 I1/15J81 U5�15/85 //.618 12.080 B2J15�85 08/15/85 13.3P8 12.080 11/15(81 OS/15/35 11.076 12.080 02/15/85 OBJ15/85 10.861 12.U80 ll/15/8/ OSJI5�85 79.680 12.080 02/IS/BS 08/15/BS 38.53J 12.080 1l/l5/81 OS/15/85 37.120 12.0� 02/15(85 OB/15/85 36.J38 12.080 li/1SJ8/ OS/15/85 55.288 12.080 0?�15/85 OB/15J85 31.268 1t.060 Il/IS�Ba OS/IS/BS IS.278 1Y.080 01/15/85 08/15/BS a2.3u t2.osa iips�aa os/,sras 51.383 I4.080 U2/15/B5 08/15/85 70.176 1:.080 11/I5�81 OS/IS/85 t9.886 1d.980 OY/15f85 OB/15/85 29.030 11.980 I1�15(B/ OS/15�85 27.767 12.130 U2/IS/BS OB/15JB5 26.961 12.1J0 I!/IS/80 OS/15/BS 16.179 12.150 OPAS/85 Obr.5/85 PS.119 12.IJ0 ll/15(84 OS/15/85 24.5/1 12.180 02/!5/85 OB/ISJ85 2J.8T9 12.180 ll/IS/61 OS/15J85 27.135 12.180 OPJIS/85 OB/15/85 12.161 1t.I80 11/15/21 OSl�S/85 21.807 12.100 01/15/95 08/15/BS 21. ll1 12.180 l l p 5l8/ OS/ I S/ 85 2U.555 12.180 02/15�85 08/15/BS 19.957 12.180 11lIS/8d 05/15/BS 19.J75 1P.180 02(15/85 OB/15/85 79.526 I1.900 11/IS/81 OS/15/85 IB.970 11.900 02I15/85 08/IS/85 IB.170 q.900 11J15/81 OS/15/85 17.9�5 11.900 02/15/85 08J15/BS V.395 11.900 I1p5/Bd OS11S(BS 16.899 11.900 02/IS/85 U8�15/85 16./I8 1L900 Il/15/e/ 0.5/IS/8S 15.950 11.900 02/l5�85 OB(15j85 15./96 1(.900 I1/IS�eI OS/15/BS I5.05/ 11.900 OP/IS/85 08/IS/85 11.626 I1.900 ll/15J8/ OS(15/85 11.209 11.900 02/IS/BS UB/IS/85 IJ.AOd 11.900 11/15J81 US/IS/85 13./11 11.900 02/15/85 OB/15/85 1J.�29 11.900 II/IS(8l OS/f5/BS I2.658 ll.900 01(15/85 08(IS/BS 12.297 11.900 11/15/84 OS/IS/85 ll.90 11900 02115/85 08/15185 1L607 11.900 LL/15/8/ OS115J85 IL176 11.900 02/15/85 OBpS/BS I0.955 11.900 11/IS/8/ O5J15/85 10.613 11.900 0Y(IS(85 0A/IS/BS 10.310 11.900 !1/!5/8/ OS/!5/85 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 F 6 F 6 F 6 F 6 P 6 P 6 P 6 F 6 P u P 6 P 6 F b P 6 P 6 F 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 i 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 Y 6 V 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 P 6 F 6 F 6 V 6 P 6 P Type SCHEDULE C DESCRIPTION OF SECURITIES Maturity Principal Purchase interest Date Amount Price Rate 0 IEIfY[II YR: OY14R YR �II��IY M/01/C 1.II5.1O.tl OS/0�/tl )N.OW.A G/OIIN lS.00O.m O//11�4t Y.WO.m Iolm/C m,OmJ uloUn sa.m.� ivmiu alall� tlx.am.w osmur +w.o.r �IOII� n.M.a 10/GI/Y 10.mCJ1 1iNUr w.a.m uloUr w/o�P� �an,o.� m/m/v �.us.mo.r rioUn n.aaa.00 ta/mm wAOO.a urou� n.mr arv,n� w/ol/r I,�,EW.a aim�� �.ws.an.r 4101/O' tO1011tl weuM m.eo.� i:�a�m G/01/M. )A.m.m m�mm :.�so.aoa.a oflolln �o/oim uroun so.e.m io/w!n M/OI/M �.en.r.ro OS/O11f0 l.Vl.IOD.M Ot/OIIfE l0/04� il/01/t0 10.m1.0G v�mR� NI01/fl fil.00G.Y E/olpl IdA,o.m MI01/11 wmm ll/O1191 Y.E00.� 11/Olpl M/01/Y[ 1lO.m.E os/oun Idso�m.r a�oun �oiu/n Illel/R fO.Im.R u/olln wmn� tw.aa Gplpl S.PO.p1.P aimm �amm 11(01l9 ]C.l1.! R/Cl/q W/01/H NO.00G.W vs�ouw f,00�,om.�o alouH +..00.m 11/Clfll SO.Im.■ nlmin i.tm.�.r u/o1l�s tro.mE.m Of/01lM 11U.000.0A ulm/x too.eW.W m/mP1 3fa.W.w nla�m .1k.mo.m m/our �x.am.w meuw m,�.�o m�oV++ m,�au.m lllo�lw �11.00I.r aro�lm m.aa.w i�roum �n.roc.00 osrvum s.au.� wa�u uo.�.� m/ourt n.am.w wwm w.AO.■ O/o1IG )s.Om.lo uroUw a5o.ao.n n/oIM 11/OIIM tl0.m4.! IOILL Y.@I.Y.tl �uut� EI p51 aeoa, u�nn uts�um�i c.o o[�� wo�[e til[I I[It IIpIQ fOFqF uRRit mu r�ssu tnu T6t.W.A ISILAI.ri ).111.50 Id)5.! z�a.as.n m.:n.x �.m.b :ie,sx.ts ff{.XY.50 6.L5.E0 �u.w.a �x.n�.v I.IN.W �u.w.n �ss.�a.w s.m.r m,m.n +u.mo.m �.l.tl 116.IBL)5 n�.in.x bwo.m 1B.Nl.ri W �I25.M �.m.m �.LI.t3 OI.SEO.m �.w.m 6,WJ5 n�,us.m �.am ts.w.n )Y,IW.W I.OF.00 a.ur.w f11.Mt.b �.�.m W.I1J.Y f/].41.l0 1.0tl.i N,A.m m.m.n I.OIOAO N,101.11 3%,g.t5 �.�.m u.m.v m,m.a �.r.r u.m.a ul.l�.� �.�.m 5.]W.i w✓a.y 1.110.0 s,�m.a m.m.Y �,W.10 S11.tl1.30 1II.UI.fO m,aa.w tN,150.0 sw,ns.m m,m.m m.fAO.m tos,ltS.m �w.mo.m v�.+m.a �s.me.m 1H,W.W ui,us.ao liili.f� n,n:.m u.ra.w n.az� u.m.r N.�.b m.ie.In 11.A.11 D.)V.MS.R 19./U,M5.10 1.LI.b1.13 Id)I.YI.tS 4,111.50 S1.))S.W ffi.04.}f �.wam.r;.. 1.p10.W 1.DS.H{.A I.Mt.L3.5U ]I.fCf.OY tA.eu.]S i.m�.mr.v I.N.W id:).1LJs 2��.III.v a.m.v u�.m.0 W.OIa.W 1.4l.01 1.)16.Ii1.15 :.ux.m.a 4M�.Oo tl.511.b +w,ia.m �.m.m 1.%].A1.73 i.f4.500./ �.no.a u.w.n so.�n.m �.m.m i,iw.�u.n t.63),IOI.W I.m.00 w.m.se m,w.x �.%O.W fW,IJ).10 x.w.mso 1.�.m i1.100.04 wt.rn.a I.�.A S)I.11o.01 3.316.1Y.]5 I.m.� u.w.w sn.m�.w �.ao.m ai.u�.w :.a�.i�.w I�Om1.W s.�s.m IR.Ifi.Y 1��.m as.AO.m i.IH.L).!0 Im.M0.00 ]M.113.50 I.SAdA.50 �r�,mo.a f11.S0.W w,us.m sp,ns.ro sn.�m.m w.sn.oe v+.ow.m ui,+a.o se.a.ro 111.OY.10 L1,6Jim �r.x�.se N),)lt.50 10.]Q.A ssi.�.� ia,uv.m �w.r�.w A.00.M IID.O.m ss.n.us.m SS.nl.p3.m II[ t.01W IiMI1Fl11FttMRl Itl0 R16 319.3JO.N10 Ifm1 Y111F11 YIU �NIIG lIR {.Y41f u� �.�wu iren n��n urz� .,rn.e+i.as s.sw.lel.w s.w.m.m s,�u,:u.m I.flf.l5.i I.Sn.flB.R I.�p.S16.25 1.)11,3f1.S 7.1ri,1a.W ],ISI.910.W :.ar.m.x i.xt.ns.00 i.�a�m.m i,n..sn.w i.m.�s.m m�m.r m.m.ro ue,m.o u�,ns.� MI,Iro.EO t � SCHEDULE D SCHEDULE OF DEBT SERVICE PAYMENTS ON REFUNDED OBLIGATIONS Payment Date Principal Interest Total Paying Agento 10 . .� t Description of Issue SCHEDULE E REFUNDED OBLIGATIONS TO BE REDEEMED 11 Redemption Date . .. � SCHEDIILE F NOTICE OF CALL TO HOLDERS OF DATED . 19 of CITY OF OSHROSH, WINNEBAGO COUNTY, WISCONSIN PLEASE TAKE NOTICE that numbered through _, inclusive, of the above-described issue of , which mature on 1, 19 , have been called for prior payment on 1, 19 Upon presentation and surrender of said , with all unmatured coupons attached, to . . , the paying agent for said , the holders thereof will be paid the principal amount of the and accrued interest to the date of redemption. The will cease to bear interest on 1, 19 DATED � 19_ BY ORDER OF THE CITY COtJNCIL 12 .. . , ,, OSNIOSM, YISCONSIM WISiYGiM6 6.0. UEIi C0181NE� - 1 I55�&5 CLLIfD COABIIffO OEIf SEfVICE YJFN0.F DELIYEAi DI1F. Ol/tB/83 0�1F �AINCIILL INiEAE57 lOiAl FISf�L i07AL w�aves a,�zs.aao.00 os�oues �eo,000.m 06J01�85 45.00O.W 0]/01/85 SO.W0.00 io/oiles �o.aoa.m fi�01/85 50,000.00 !2/O1/85 wlmlec s,�zs.oao.ao OS/0110: 950.000.00 Ubl01�86 15.OW.00 io�oUU ia,000.m II/01186 50.000.00 1210I�B6 W�O1187 1,915,000.00 OS/UllW I.1TS.00O.m �/oi/e� ts.000.ao 10(01/81 80,p00.00 11/01/BI 75.W0.00 !1/Ol/81 alo�lee i.too,eoo.00 QS)OI�BB 1.915,0OO.OG Cbl01l� 10/01/06 11l01/88 70.000.G0 13/01/88 W101/89 975,OOO.W OS/O1/B9 2,ISO,OW.00 D6/OI/89 10/01/B9 11�01/89 50.000.4U 12107/89 oumiw i,on.aoo.00 OS�01/90 I.B75,000.00 06/01�90 10�01/7U 11IOIN0 SO�OOO.W 12I01/M O/�OII9i 650.000.00 OS/01/91 1,975.000.00 06/01�91 i�/01�91 ll/UI/91 5U,000.00 11/UI191 01/01�92 550.000.00 OS/O1/97 7,150,oW.00 O6/01/9Y 10�01/9i IIIOIl71 30.OG7.70 ��rmra BI/OI193 250.BOO.BO OS/01191 �.�0.000_00 �101�93 IO/01/9] 1l/OI193 SO.OW.� It/01/91 0//01/91 t10.0W.00 U5�01/9/ 1,500,0�0.00 06/01/91 96,00�.00 11/01/N 5.750,0O�.OU OS/D1�95 ri0,000.W IIIOlI95 OS/01�% 750.000.00 II/01/% 05�01/91 750.000.00 ll�01/97 OS/01/98 1,050.000.00 11/01�98 OS/01/99 100,000.00 ------- ----------- w�u x.m�,000.w ACCAIIED IFi W57 zsz,as�.n �au.�st.n �,nzm I,775.OG 112.066.25 998.737.50 I.OB0.00 2I0.59�.25 99e,M1.50 6,505.� 165,8/6.t5 956,997.50 /.080.00 162.758]5 955.171.50 s.me.w 117.921.15 910,�10.00 I.OB0.0G 316,1B1.S 907,197.50 �,oeo.ao 88.SB1.25 871.125.W I�OBO.W fi,581.I5 831.500.00 /.080.00 65,h68.75 ]50,/75.00 /.080.00 65.668J5 7�8.100.00 /�080.� 10.137.50 673.B6P.30 /.080.00 IU.�31.50 677.187.50 1.080.00 r�,roa.00 598,731.t3 /.OB0.00 11.7�O.W 596.756.25 �.080. W ll.bJ1.50 NO, T15.00 �.oau.� I1.6D.50 IJ8.350.W I.OW.00 5,100.W IAI�Y00.00 �.wo.oe 5.1110.00 7B/�B25.W I.W0.10 J2U.75U.00 lN,125.00 n.wa.m B7.6W.OJ 71,05.00 71,675.00 SS./S�.BO 55,150.00 /.J50.00 1,750.00 u.9es.ess.00 16.989,B9f.00 2.587,053.75 i,vn,xi.ss �.n�.w 51,375.� 182.066.25 1.018,P37.50 I.OBO.W t,3A,596.Y5 1,986,362.50 SI,SOS.00 233.Nf.25 1�006,997.50 I.OBA.QO 7,Ill.3X.)5 2,Oe0,111.50 m.m.w 197.921.15 985.OIO.W /.OW.W 6716dB4A5 1,651,197.50 I.OBO.W M,SBl.tS 901.1P5.00 /.OB0.00 1.067.581.25 1,981.500.00 1.080.W 65.f68.75 YOO,U5.00 /.OW.00 t.ia,us.�s 7.62),100.00 1�0A0.G0 IO,lA.50 7t5,161.50 I.APo.00 690,IS7.50 2.618.IW.50 /.000.00 zo.mo.00 618JA.25 /.OB0.00 ll1,700.00 1,0/6,J56.i5 /.OBO.W 11.677.SU �vo,ns.w �,aeo.00 t61,677.50 I.BIe.350.U0 I.OPo.00 5�1W.00 IA�100.W �,ao.m 215,7�.00 l,BB1.B75.W 100,8A0.00 �.oro,�so.00 1,087.9t5.00 87.600.00 IU.600. W 71,05.00 /71.675.00 55.150.00 I,I05./50.00 I.350.U0 iw,�so.ou 51.nio.ess aa SS.OIO.B95.00 iIt 8.97J78 lildl OELIYEAI U/f[1 Ip10 If�AS 192,670.3910 IfWll DEIIYfAY Ol,iEl AVEIIGE IIFE S.AA3 NlC B.BIf9/ (iNA OEtIKII MiEI 5,976.891.15 5.59B,7W.50 5.17/,785.00 5.169,715.00 1.919.785.00 I.Sll,1lB.75 1.02�.Y1625 5.131,S7B.75 t,ssi.wzso 6.781,355.W 1.169,515.00 50f.275. W Q7.113.00 1.109.BW.00 io�.no.m �-�Y_ �=- � �� � � �� /3 � -� r EXHIBIT D OUTSTANDING OBLIGATIONS TO BE REDEEMED Description of Issue Redemption Date