HomeMy WebLinkAbout33149 / 84-01COMMON COUNCIL OF
Tf� CITY OF OSHKOSH, WISCONSIN
RESOLUTION N0. �_
RESOLUTION AUTHORI2ING Tf� ISSUANCE AND SAI,E OF $8,000,000 OF
FLOATING RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS, MORGAN
PRODUCTS LTD. ISSUE, SERIES 1984, QF CITY OF OSHRDSH, WISCONSIN, FOR
THE PURPOSE OF MARING A LOAN TO MORGAN PRODUCTS LTD. TO FINANCE TfiE
ACQUISITION, REHABILITATION, CONSTRUCTION, EQOIPPING AND INSTALL-
ATION OF A DOOR AND MILLWORK MANUFACTURING FACILITY; PROVIDING FOR
Tf� PLEDGE OF REVENUES FOR Tf� PAYMENT OF SAID BONDS; AND AUTHOR-
IZING A BOND PURCHASE AGREEMENT, LOAN BGREEMENT, TRUST INDENTURE,
THE RECEIPT OF NOTE PAYMENTS, AND TI� ASSIGNMENT OF Tf� CITY'S
INTEREST IN Tf� IAAN AGREEMENT, NOTE, MORTGAGES, SECURITY AGREEMENT
AND GUARANTY FOR 1'HE PROTECTION AND DISPOSITION OF SUCA REVENUES AND
TO FURT7�R SECURE Tf� PAYMENT OF SAID BONDS.
PREAMBLE
Wi�REAS, the City of Oshkosh (the "City") is organized and existing under
and pursuant td the Constitution and the laws of the State of Wisconsin, and
is authorized by Wis. Stat. §66.521, as supplemented and amended (the "Act"),
to do, among other things, the following;
(a) Issue iadustrial development revenue bonds in order to assist
i.n the financiag of industrial facilities located within the boundaries
of the Issuer,
(b) To enter into revenue agreements with the owner and user of
such facilities providing for revenues as defined and determinad under
the Act sufficient to pay the principal and interest on such revenue
bands,
(c) To secure such revenue bonds by a pledge and assignment of such
ravenues aad of the rigfits of the Issuer under the revenue agreemeat fzom
said owner and user of the industrial facility and to receive other forms
of assuraaces and guarantees from other eligible participants and to
assign the same and the rights of the Issuer thereunder to a trustee on
behalf of the bondholders as provided for herein and to enact this Bond
Resolution and enter i.nto the agreements and receive the security con-
templated hereunder and to assign the same to a trustee on behalf of the
bondholders upon the terms and conditions provided for herein to accom-
plish the purpose of the Act; and
WHEREAS, the Common Council is the elected legislative body of the City;
and
WHEREAS, the City, pursuant to an Initial Resolution of the Common
Council duly adopted and approved on January 5, 1984, expressed an intention
to issue industrial development revenue bonds in an aggregate amount not
excaedi.ng $8,OOQ,000 and loan the proceeds thereof to Morgan Products Ltd., a
Delaware corporation (the "Company"), and public notice of adoption of the
Initial Resolution was given, and the Initial Resolution and notice was filed
as providad by law aad more than 30 days have elapsed since tha date of publi-
cation of notice of adoption of the Initial Resolution and no petition
requesti.ng a referendum on the question of the issusnce of the Series 1984
Bonds has been filed; and
WF�REAS, the Common Council of the City has properly noticed and held a
public hearing on the proposal for issuance of the Series 1984 Bonds on
December 2Q, 1984; and
WHEREAS, the Common Council of the City on January 5, 1984, adopted a
resolution waiving the provisions of Wis. Stat. §66.521(11)(b)2 relating to
competitive bidding, and notice of said resolution was published in the
Qshkosh Northwesterny the official City Newspaper, as a CZass l notice under
Wis. Stat. ch. 985 on January 10, 1984; and
WF�REAS, the City has made necessary arrangements with Company for its
acquisition, rehabilitation, construction, and equipment of its Project (as
hereinafter defi.ned) located in the City of Oshkosh, Wisconsi.n, from which
Project the City will receive substantial benefits, including, by way of
illustration, but not Iimitation, addition to and retention of more steady
employment of its citizeas resulting in the alleviation of unemployment within
the City and the maintenance or increase in the tax base of the City,
resulti.ng in greater support for educational and municipal services, the stim-
ulation of existing and new businesses and industries within the City and its
environs, and the sti.mulation of private investment funds from financial
institutions and individuals; aad
WHEREAS, the City has msde necessary arrangements with the Drexel Burnham
Lambert Incorporated (the "Underwriter"), for the purchase and receipt of the
Series 1984 Bonds (as hereinafter defined) when issued and the assignment to
the Trustee (as hereinafter defined) of the City's right, title and interest
in payments required under the Loan Agreement, Note, Mortgages, Security
Agreement, and Credit Facilitp (all as hereinafter defined) contemplated under
this plan of financing to secure the payment of the principal and interest
upon the Boads when due; and
Wf�REAS, the acquisition, rehabilitation, construction and equipment of
the Project by the Companp and the issuance of the Series 1984 Bonds by the
City as herein recited and provided in the judgment of the Common Council will
serve the intended purposes and in all respects conform to the provisioas and
requirements of the Act,
NOW, Tf�REFORE, BE IT RESOLVED by the Common Couacil of the City of
Oshkosh, Wisconsin, as follows:
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ARTICLE I
Definitions and Construction
Section 1.1 Definitions. All capitalized terms not defined herein shall
have the same meanings as defined i.a the Trust Indentura by and between the
City and National Westminster Bank USA (the "Trustee") dated as of
December 15, 1984 (the "Indenture"), the Loan Agreement, and the Bond Purchase
Agreemant, all as on file with the City Clerk on the date hereof.
"BOND PROCEEDINGS" means this Resolution, as the same may from time to
time be lawfully amended, modified or supplemented.
"BOND PURCHASE AGREEMENT" means the Bond Purchase Agreement between the
Issuer, the Company and Drexel Burnham Lambert Incorporated, dated
December 27, 1984, as on file with with the City Clerk on the date hareof.
"REMARKETING AGREEMENT" means the Remarketing Agreement dated as of
December 15, 1984 between the Issuer, the Company and Drexel Bumham Lambert
Incorporated; as on file with the City Clerk on the date hereof.
Section 1.2 Construction.
(a) Any reference herein to the "City," the "Issuer," the "Common
Council," or to any officers, agents or representatives thereof, shall
include those which succeed to their functions, duties or responsi-
bilities pursuant to or by operation of law or who are lawfully per-
forming their fuactioas. Any reference to a section or provision of the
"Wistonsi.n Laws" or "Wisconsin Statutes" shall include such section or
provision or chapter as from time to time amended, modified, revised,
supplemented, or superseded, provided that no such amendment, modifi-
cation, revisions, supplementation or supersession shall altar the
obligation to pay the pri.ncipal of and premium, if any, on the Series
1984 Bonds i.n the amount and manner, at the times, and from the sources
provided in the Bond Proceedings, except as atherwise herein permittad.
(b) Unless the context shall otherwise indicate, words impoxtiag
the si.ngular number shall i.nclude the plural number, and vice versa, the
masculine includes the feminine, and the terms ��hereof," "hereby,"
"hereto," "hereunder," and similar terms, mean these Bond Proceedings.
ARTICLE II
Determinations
Section 2.1 Findings of Public Benefit. It is hereby determined that:
(a) The Project is a qualified "project" as defined in the Act and
is coasistent with the purposes of the Act, and the Company is aa "eli-
gible participant'� as defined in the Act;
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(c) The use of the Project is in furtherance of the purposes of the
Act being an industrial manufacturing facility and is economically sound
and will benefit the citizens of the Issuer and of the State of Wisconsin
by creating jobs and employment opportunities and improving the economic
welfare of the citizens of the Issuer and of the State; and
(d) The authorization and issuance and sale of the Series 1984
Bonds as providad herein is in the best interest of the Issuer and con-
sistent with all legal requirements.
Section 2.2 FindinRS of Adequacv of Financi.nst. It is hereby furthez
determined that:
(a) The amount necessary to make the loan to the Company to finance
the Costs of the Project will require the issuance, sale and delivery of
the Series 1984 Bonds in the aggregate principal amount of $8,000,000;
(b) The payments provided for under the Note and Loan Agreement
will be sufficient to pay the principal, premium, if any, and interest
under the Series 1984 Bonds;
(c) The paymants provided for under the Note and Loan Agreement to
be paid into the Disbursement and Bond Funds as established are appro-
priate and advisable for retirement of the Series 1984 Bonds; and
(d) The Loan Agreement provides for appropriate maintenance and
insurance of the Project.
ARTICLE III
Authoriaations
Section 3.1 Authorization of Bond. The Series 1984 Bonds are hereby
authorized to be issued in an aggregate principal amount of not exceeding
Eight Million Dollars ($8,000,000), in the form and manner described i.n the
Indenture. The Series 1984 Bonds will be dated such date and mature in such
years and amounts, will coatain such redemption provisions, and will bear
interest at such rates (not exceedi.ng the maxi.mum interest rate permitti.ng by
applicable provision of law), as provided in the Indentura.
Section 3.2 Authorization of Execution and Deliverv of Bond Purchase
Agreement. The City Manager of the Issuer is hereby authorized to execute,
and the Clerk of the Issuer is hereby authorized to attest under the seal of
the Issuer, the Bond Purchase Agreement in substantially the form on file with
the City Clerk on the date hereof, with such changes therein, whether made
prior to the execution thereof or thereafter, as shall be approved from time
to time by such officer executing the same, such approval to be coaclusively
evidenced by theiz execution thereof, and to deliver the same to the Company
and the Underwriter, all of the provisions of which, when executed and
delivered by the Issuar as authorized herein and by the other parties thereto
duly authorized, shall be deemed to be a part of this instrument as fully and
to the same extent as if incorporated verbatim herein. Such officers aad all
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other officers and employees of the Issuer are hereby authorized to execute
such further agreements and documents and to take such further action as shall
be necessary to carry out the intent and purposes expressed in the Bond
Purchase Agreement and are further authorized to take such other steps and
actions as may be required and necessary in order to issue and sell the Series
1984 Bonds.
Section 3.3 Authorization of Execution and Deliverv of Indenture. As
security for the payment of the principal of and premium, if any, and interest
on tha Series 1984 Bonds, pro rata and without preference of anq one of the
Series 1984 Bonds over any other thereof, the Indenture in substantially the
form on file with the City Clerk on the date hereof, with such changes,
alterations, and corrections as may be approved by the City Maaager of the
Issuer, such approval to be conclusively presumed by his execution thereof, is
hereby approved by the Issuer, and the Issuer hereby suthorizes and directs
said City Manager to execute, and the Clerk of the Issuer to attest under the
seal of the Issuer, the Indenture and to deliver to the Trustee the Indenture,
all of the provisions of which, when executed and delivered by the Trustee as
authorized herein and by the Trustee duly authorized, shall be deemed to be a
part of this i.nstrument as fully and to the same extent as ii incorporated
verbatim herain. The Issuer does hereby provide in the Indenture the terms,
conditions, covenants, rights, obligations, duties and agreements to and for
the benefit of the holders of the Series 1984 Bonds, the Issuer, the Company
and the Trustee.
Section 3.4 Authorization of Execution and Delivery of Loan ARreement.
The Loan Agreement, in substantially the form on file with the City Clerk on
the date hereof, with such changes, alterations, and corrections as may be
approved by the City Manager of the Issuer, such approval to be conclusively
presumed by his execution thereof, is hereby approved by the Issuer and the
Issuer hereby authorizas and directs said City Manager to execute, aad the
Clerk of the Issuer to attest under the seal of the Issuer, the Loan Agreement
and to deliver to the Company the Loan Agreement, all of the provisions of
which, when executed and delivered by the Issuer as authorized herein and by
the Company duly suthorized, shall be deemed to be a part of this instrument
as fully and to the same extent as if incorporated verbatim herein.
Section 3.5 Authorization of Of£eri.nft Circular. The current draft of
the Offering Circular, in substantially the form on file with the City Clerk
on the date hereof, with such changes, alterations and corrections as map be
approved by the City Manager of the Issuez, such approval to be conclusively
presumed by his execution thereof, is hereby approved by the Issuer and the
Issuer heraby authorizes and directs said City Manager to execute, and the
Clerk of the Issuer to attest under the seal of the Issuer, tha Offering
Circular, and the Issuer authorizes the Underwriter to use the Offering
Circular in the public offering of the Series 1984 Bonds. The Offering
Circular, insofar as it relates to the Issuer, does not contain any untrue
statement of a material fact or omit to state a material fact raquired to be
stated therein or nacessary to make the statements therein, in the light of
the circumstancas under which theq were made, aot misleadi.ng, and the City
Manager is authorized and directed to notify the Underwriter, if, during the
Offering Period, any event occurs which is known to the Issuer and which, i.n
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the judgment of the Issuer, makes any statement in the Offering Circular
untrue in any material respect, or which requires the making of any change in
the Offering Circular in order to make the statements therei.n, in the light of
the circumstances under which they were made, not misleading.
Section 3.6 Authorization of Execution and Deliverv of Remarketinst
Agreement. The Remarketing Agreement, in substantially the form on file with
the City Clerk on the date hereof, with such changes, alterations, and
corrections as maq be approved by the City Manager of the Issuer, such
approval to be conclusively presumed by his execution thereof, is hereby
approvad by the Issuer and the Issuer hereby authorizes and directs said City
Manager to execute, and the Clerk of the Issuer to attest under the seal of
the Issuer, the Remarketing Agreement and to deliver to the Company and the
Remarketi.ng Agent the Remarketing Agreement, all of the provisions of which,
when executed and delivered by the Issuer as authorized herein and by the
Company and the Remarketing Agent duly authorized, shall be deemed to be a
part of this i.nsturment as fully and to the same extent as if incorporated
verbatim herein.
Section 3.7 General Authorizations. The members of the Issuer and its
officers, attorneys, engi.neers or other agents and employees are hereby
authorized to do all acts and things required of them by this instrument, the
Bond Purchase Agreament, the Loan Agreement or the Indenture, or desirable and
consistant with requirements hereof or such Bond Purchase Agreement, Loan
Agreement or Indenture, for the full, punctual and complete performance of all
the terms, covenants and agreements contained in the Series 1984 Bonds, the
Bond Purchase Agreement, the Loan Agreement, the Remarketing Agreement, the
Indenture and this instrument.
ARTICLE IV
Bonds Not Obligations Of Issuer
Section 4.1 Bond not ObliRation of Issuer. THE SERIES 1984 BONDS SHALL
NOT BE A GENERAL OBLIGATION OR INDEBTEDNESS OF Tf� ISSUER NOR GIVE RISE TO A
PECUNIARY LIABILITY OF Tf� ISSUER OR CHARGE AGAINST ITS GENERAL CREDIT OR
TAXING POWERS BUT SHALL BE PAYABLE SOLELY FROM Tf� REVENUES (AS DEFINED IN THE
INDENTURE) AND OTf�R FUNDS THAT MAY BE AVAILABLE Tf�REFOR FROM Tf� COMPANY AND
IN NO EVENT SHALL Tf� SERIES 1984 BONDS OR Tf� INTEREST TfIEREON OR ANY OTHER
COSTS OR EXPENSES IN CONNECTION THEREWITH OR WITH TFIE PROJECT EVER BE PAYABLE
FROM ANY FUNDS OF THE ISSUER OTi�R THAN Tf� PROJECT RECEIPTS AND FUNDS TO BE
RECEIVED BY Tf� TRUSTEE FROM Tf� COMPANY UNDER Tf� NOTE, AND IAAN AGREEMENT,
OR REALIZED UNDER THE MORTGAGES, SECURITY AGREEMENT, GUARANTY OR CREDIT
FACILITY. SUCH RESTRICTIONS SHALL BE PLAINLY STATED ON Tf� FACE OF Tf� BONDS.
Section 4.2 No Personal Liability. No covenant, stipulation, obligation
or agraement herein contained or contained in the Bond Purchase Agreement, the
Loaa Agreement or the Indenture shall be deemed to be covenaat, stipulation,
obligation or agreement of any member, agent or employee of the Issuer or its
governi.ng body in his individual capacity, and neither the members of the
Issuer aor any official executing tha Series 1984 Bonds shall be liable
personally thareon or be subject to any personal liability or accountability
by reason of the issuance thereof.
�
ARTICLE V
Award Of The Bonds
Section 5.1 Election Under Section 103(b)(6)(D). The Issuer does hereby
elect to have the provisions of Section 103(b)(6)(D) of the Intemal Revenue
Code of 1954, as amended, applied to the Series 1984 Bonds aad said City
Manager is hereby authorized and directed to evidence such election by
executing and filing on behalf of the Issuer a statement in the form required
by Section 1.103-10(b)(2)(vi) of the Regulations of the Internal Revenue
Servica.
Section 5.2 Award of Bonds. The Issuer hereby finds, determines and
declaras that the size of the issue, the nature of the financing plan for the
Series 1984 Bonds, and bond market conditions require that the bond issue be
sold to the Underwriter on the terms and conditions contained in the Bond
Purchase Agreement. The sale not exceeding $8,000,000 principal amount of
Series 1984 Bonds to the Underwriter upon the terms and conditions contained
in the Bond Purchase Agreement is hereby approved and authorized, the exact
amount of Series 1984 Bonds so purchased and sold to be determined by the
Issuer, the Company, and the Underwriter prior to the delivery of the Series
1984 Bonds. Such determination shall be conclusively established by Issuer's
and Company's execution and delivery of the Indenture. The Series 1984 Bonds
shall be datad, mature, bear interest and be redeemable as stated in the
Indenture. The acceptance of the Underwriter's offer to buy the Series,1984
Bonds at the price and on the terms stated in the Bond Purchase Agreement is
hereby authorized, and the Issuer hereby authorizes and directs said City
Manager and the Clerk of the Issuer to take all other action necessary to
consumate such sale.
Section 5.3 Execution of Bonds and Authorization of All Other Necessarv
Action. The City Managar of the Issuer is hereby authorized and directed to
execute, and the Clerk of the Issuer to attest under the seal of the Issuer,
the Series 1984 Bonds when prepared and to deliver the same to the Trustee for
authentication and delivery to the Underwriter upon payment of the purchase
price pursuant to the terms and conditions stated in the Bond Purchase Agree-
ment and the Indenture. The City Manager, Clerk, City Attorney, Assistaat
City Attornay, and DeWitt, Sundby, Huggett, Schumacher & Morgan, S.C. are
designated agents of the Issuer in connection with the issuance and delivery
of the Series 1984 Bonds, and are authorized and empowered collectively or
individually to take all actions and steps to execute and deliver any and all
instruments, documeats or contracts on behalf of the Issuer which are
necessary or desirable in connection with the axecution aad delivery of the
Series 1984 Bonds and which are not inconsistent with the terms and provisions
of this resolution and other actions relating to the Series 1984 Bonds
heretofor taken by the Issuer.
ARTICLE VI
Covenants Of The Issuer
In additioa to other covenants of the Issuer in these Bond Proceedings,
the Issuer further covenants and agrees as follows:
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Section 6.1 Observance and Performance of Covenants, etc. The Issuer
will at all timas faithfully observe and per£orm all agreements, covenants,
uadertakings, stipulations and provisions contained in the Bond Purchase
Agreement, the Remarketing Agreement, the Loan Agreement, the Indenture and
the Series 1984 Bonds executed and delivered. The Issuer warrants and cove-
nants that it is, and upon deliverq of the Series 1984 Bonds will ba, duly
authorized by the Constitution and laws of the State of Wisconsin, including
particularly and without limitation the Act, to issue the Series 1984 Bonds
and to execute the Bond Purchase Agreement, the Remarketi.ng Agreement, the
Loan Agreement and the Indeature, to provide the security for payment of the
principal of and premium, if any, and interest on the Series 1984 Bonds in the
manner and to the extent set forth in the Loan Agseement and the Indentuxe.
Section 6.2 Prerequisites Performed. All acts, conditions and things
relating to the passage of this instrument, to the issuance of the Series 1984
Bonds, and to the execution of the Bond Purchase Agreement, the Remarketing
Agreement, the Loan Agreement and the Indentuze, required bp the Constitutioa
or laws of the State of Wisconsin to happen, exist, and be performed precedent
to and in the passage hereof, and precedent to the issuance of the Series 1984
Bonds, and precedent to the execution and delivery of the Bond Purchase
Agreement, the Remarketing Agreement, the Loan Agreement and the Indenture,
have happened, exist and haue been performed as so required. The Series 1984
Bonds in the hands of the holder thereof will be valid enforcable special
obligations of the Issuer according to the terms thereof. Each provision of
these Bond Proceedings, the Bond Purchase Agreement, the Remarketing Agree-
ment, the Loan Agreement, the Indenture and the Series 1984 Bonds is binding
upon such officer of the Issuer as may from ti.me ta time have the authority
under law to take such actions as may be necessary to perform all or aay part
of the duty required by such provision and each duty of the Issuer and its
officers and employees underCaken pursuant to these Bond Proceedings is
established as a duty of the Issuer and of each such officer and employea
havi.ng autho=ity to perfarm such duty.
Section 6.3 Pledged Revenues. Except as otherwise provided i.n these
Bond Proceedings, the Bond Purchase Agreement, the Loan Agreement and the
Indenture, the Issuer will not make any pledge or assignment of, or create any
lien or encumbrance upon, tha Revenues, other than the pledge and assignment
thereof under these Bond Proceedings, the Loan Agreement and the Indentura.
Section 6.4 Project Books. All books and documents i.n the Issuer's pos-
session rel&ting to the project or to the Revenues shall at all times be open
to inspection by such accountants or other agents of the Bondholders, or the
Trustee as either or any of them may from time to time designate.
Section 6.5 RiRhts Under Agreement. The Trustee on behalf of the Hond-
holders acting jointly and in their name and in the name of the Issuer may
enforce all rights of the Issuer and all obligations of the Company pursuant
to the Loan Agreement whethez or not the Issuer is in default of the pro-
secution or the en£o=cement o£ such rights and obligations all pursuant to the
Indenture.
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Section 6.6 Maintenance Repair Taxes on and Insurance of the Project.
The maintenance and repair costs of the Project, all taxes in connection
therewith, and other charges, shall be assumed and paid by the Company under
the Loan Agreement, and accordingly, the Issuer has no obligation with respect
thereto and all such costs, expenses, taxes and fees and charges shall be paid
by the Company as provided i.n the Loan Agreement.
Section 6.7 Maintenance of the Loan Agreement and Indenture. The Issuer
shall do all things and take all actions on its part necessary to comply with
obligations, duties and responsibilities on its part under the Bond Purchase
Agreemeat, the Remarketing Agreement, the Loan Agreement and Indenture and
shall take all actions within its authority to maintain the Bond Purchase
Agreemant, the Remarketing Agreement, the Loan Agreement and Indenture in
effect i.n accordance with the terms thereof and to enforce and protact the
rights of the Issuer and the bondholders thereunder, including actions of law
or equity as may be appropriate.
Section 6.8 Arbitrage Provisions. The Issuer shall not direct or
acquiesce in the use of the proceeds of the Bonds in such a manner or to such
an extent, after taking i.ato account reasonable expectations at the time the
Series 1984 Honds are delivered to the Underwriter, which could cause the
Series 1984 Bonds to be arbitsage bonds undez �103(c) o£ the Code. The City
Managar of the Issuer is authorized and directed, alone or in conjunction with
any other officer or employea, consultant or agent of the Issuer or any
officer of the Company, to give an appropriate certificate on behalf of the
Issuer for i.nclusion in the transcript on behalf of the Issuer setting forth
the facts, estimates and circumstances and reasonable expectations pertaining
to said §103(c) and regulations thereunder.
ARTICLE VII
Delivery of Transcript
Section 7.1 Delivery of Transcript. 'fhe Clerk shall furnish the
Underwriter and the Trustee, upon request, a true transcript of all the
proceedings with reference to the issuance of the Series 1984 Bonds certified
by said Glerk along with such additional infozmation from the records as is
necessary to determi.ne the regularity and validity of the issuance of the
Series 1984 Bonds.
ARTICLE VIII
Notice Of Bond Sale
Section 8.1 Notice of Bond Sale. The City Clerk is hezeby authorized
and directed to cause the notification pursuant to Wis. Stat. §66.521(10)(c),
of the ➢epartment of Development of the State of Wisconsia of the closing date
and the principal amount of the financing and to cause the publication of a
notice of the bond sale pursuaat to Wis. Stat. §893.77(2) i.n the next edition,
following the sale and dalivery of the Series 1984 Bonds to the Underwriter,
of the Oshkosh Northwestern as a Class 1 notice under Chapter 985 of the
Wisconsin Statutes.
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.
ARTICLE IX
Severability
Section 9.1 Severability of Invalid Provisions. If any one or more of
tha covenants, agreements or provisions contained herein shall be held con-
trary to any express provisions of law or contrary to the policy of express
law, though not expressly prohibited or against public policy, or shall for
any reason whatsoever be held invalid, then such covenants, agreements or
provisions shall be null and void and shall be deemed separable from the
remaining covenants, agreements or provisions, and shall in no way effect the
validity of any of the other provisions hereof or of the Series 1984 Bonds
issued hereunder.
ARTICLE X
RepealinQ Clause
Section 10.1 Repealing Clausa. All resolutions or parts thereof of the
Issuer in conflict with the provisions contained herein are, to the extent of
such conflict, hereby superseded and repealed.
ARTICLE XI
Public Approval
Section 11.1 Public Approval. The adoption of this Resolution by the
Common Council (the elected legislative body of the Issuer) is intended to and
shall constitute the public approval by the governmental unit which issued the
Serias 1984 Bonds and the public approval of the governmental uait having
jurisdiction over the area in which the Project is located after a public
hearing following reasonable public notice for purposes of Section 103(k) of
the Code.
ARTICLE XTI
Effective Data
Section 12.1 Effective Date. This Resolution shall take effect and be
in force immediately upoa its adoption.
APPROVED:
Kathleen M. Propp, Mayor I SUBMITTED BY
ATTEST:
Donna C. Seruras, City Clerk
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pPPROVED
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