HomeMy WebLinkAbout33079 / 84-11CITY OF OSHKOSH, WISCONSIN
RESOLUTION WAIVING THE PUBLIC BIDDZNG
AND NON-DISCRIMINATION REQUIREMENTS
OF WISCONSZN STATUTES SECTION 66.521�11)(b)1
WHEREAS, the City of Oshkosh, Wisconsin (the "Muni-
cipality"), has by resolution of its Common Council expressed its
intent to issue bonds pursuant to Wisconsin Statutes Section
66.521 in an amount not to exceed $8,000,000 for the purpose of
financing on behalf of Oshkosh Hotel Centre Venture, a joint
venture of OHV Associates, an Illinois Limited Partnership, and
A-K Company, a Wisconsin sole proprietorship, (the "Borrower")
all or a portion of the costs of the acquisition of land in the
Municipality, the construction and equipping thereon of a hotel
facility and making related improvements (the "Project"); and
10 3084
WAEREAS, Wisconsin Statutes Section 66.521(11)(b)1
(i) provides that construction work which is let by
contract and which has an estimated cost exceeding $5,000
may be financed with industrial revenue bonds only if the
contract is let to the lowest responsible bidder and pro-
posals for the contract are advertised by publishing a class
2 notice under Wisconsin Statutes Chapter 985 and
(ii) prohibits discrimination in subcontracting, access
or employment based on race, creed, sex, handicap, ethnic
origin, age or marital status with regard to construction,
use and operation of projects financed under the Act; and
WHEREAS, representations have been made to the Municipality
(i) that compliance with the notice and public bidding
requirements in the first sentence of Wisconsin Statues
Section 66.521(11)(b)1 may impair the prompt and efficient
completion of the Project (a) because of the delays associ-
ated with tnose requirements and (Li because they may pro-
hibit the Borrower from using the contractors which, in the
Borrower's judgment, are best suited to do work on the
Project regardless of whether they are the "lowest responsi-
ble bidder" as that term is used in Wisconsin Statutes
Section 66.521(11)(b)1 and
(ii) that while the Borrower supports non-discrimi-
nation policies of the type contained in Wisconsin Statutes
Section 66.521(11)(b)i, the Borrower would prefer to handle
the non-discrimination aspects of the Project in its revenue
agreement with the Municipality since it is unclear what is
substantively required of the Borrower in order to comply
with the non-discrimination provisions of Wisconsin Statues
Section 66.521(11)(b)1 or what the remedies are for failing
to comply with those provisions and because a prospective
bondholder must be able to satisfy itself that the validity
of the bonds will not be subject to attack for failure of
the Borrower to comply with unclear statutes; and
WHEREAS, Wisconsin Statutes Section 66.521(11)(b)2 gives the
Municipality authority to waive the requirements of Wisconsin
Statutes Section 66.521(11)(b)1;
NOW, THEREFORE, IT IS RESOLVED:
1. This Common Council finds
(i) that the imposition of the public notice and bid-
ding requirements of Wisconsin Statutes Section 66.521(11)(b)1
may impair the prompt and efficient completion of the Project
because of the delays associated with those requirements and
because they may prohibit the Borrower from using the contractors
which, in the Borrower's judgment, are best suited to do work on
the Project regardless of whether they are the "lowest responsi-
ble bidder" as that term is used in Wisconsin Statutes Section
66.521(11)(b)1 and
(ii) that the non-discrimination requirements of
Wisconsin Statutes Section 66.521(11)(b)1 are more appropriately
handled in the revenue agreement between the Borrower and the
Municipality since it is unclear what is substantively required
of the Borrower in order }o comply with the non-discrimination
provisions of Wisconsin Statutes Section 66.521(11)(b)1 or what
the remedies are for failure to comply with those provisions and
because a prospective bondholder must be able to satisfy itself
that the validity of the bonds will not be subject to attack for
failure of the Borrower to comply caith unclear statutes.
2. For the reasons stated above, this Common Council,
pursuant to the authority granted to it by Wisconsin Statutes
Section 66.521(11)(b)2 waives the requirements of Wisconsin
Statutes Section 66.521(11)(b)1 with respect to the Project if
the revenue producing agreement for the financing contains a
non-discrimination provision satisfactory to the Municipality.
-2-
J
FURTHER RESOLVED, that the Clerk is directed to publish this
resolution as a class 1 notice under Wisconsin Statutes Chapter
985 (relating to publication of official notices) in a newspaper
eligible to make such a publication for the Municipality.
Adopted November 1 , 1984
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NOTICE OF THE ADOPTION BY THE
CITY OF OSHKOSH, WISCONSIN
OF A RESOLUTION WAIVING TAE
PUBLIC BIDDING AND NON-DISCRIMINATZON REQUIREMENTS
OF WISCONSIN STATUTES SECTION 66.521(11)(b)1
The Common Council of the City of Oshkosh, Wisconsin at a
lawful meeting held on November 1, 1984 adopted a resolution
pursuant to Wisconsin Statutes Section 66.521 waiving the public
bidding and non-discrimination requirements of that Section with
respect to an issue of industrial development revenue bonds. The
resolution read in its entirety as follows:
WHEREAS, the City of Oshkosh, Wisconsin (the "Municipality"),
has by resolution of its Common Council expressed its intent to
issue bonds pursuant to Wisconsin Statutes Section 66.521 in an
amount not to exceed $8,000,000 for the purpose of financing on
behalf of Oshkosh Hotel Centre Venture, a joint venture of OHV
Associates, an Illinois Limited Partnership, and A-K Company, a
Wisconsin sole proprietorship, (the "BOrrower") all or a portion
of the costs of the acquisition of land in the MuniciFality, the
construction and equipping thereon of a hotel facility and making
related improvements (the "Project"); and
WHEREAS, Wisconsin Statutes Section 66.521(11)(b)1 :,'.,
(i) provides that construction work which is let by
contract and which has an estimated cost exceedina $5,000
may be financed with industrial revenue bonds only if the
contract is let to the lowest responsible bidder and pro-
posals for the contract are advertised by publishing a class
2 notice under Wisconsin Statutes Chapter 985 and
(ii) prohibits discrimination in subcontracting, access
or employment based on race, creed, sex_, handicap, ethnic
origin, age or marital status with regard to construction,
use and operation of projects financed under the Act; and
WHEREAS, representations have been made to the Municipality
(i) that compliance with the notice and public bidding
requirements in the first sentence of wisconsin Statues
Section 66.521(11)(b)1 may impair the prompt and efficient
completion of the Project (a) because of the delays associ-
ated with those requirements and (b) because they may pro-
hibit the Borrower from using the contractors which, in the
Borrower's judgment, are best suited to do work on the Project
regardless of whether they are the "lowest responsible bidder"
as that term is used in Wisconsin Statutes Section
66.521(11)(b)1 and
(ii) that while the Borrower supports non-discrimi-
nation policies of the type contained in Wisconsin Statutes
Section 66.521(11J(b)1, the Borrower would prefer to handle
the non-discrimination aspects of the Project in its revenue
agreement with the Municipality since it is unclear what is
substantiively required of the Borrower in order to comply
with the non-discrimination provisions of Wisconsin Statues
Section 66.521(11)(b)1 or what the remedies are for failing
to comply with those provisions and because a prospective
bondholder must be able to satisfy itself that the validity
of the bonds will not be subject to attack for failure of
the Borrower to comply with unclear statutes; and
WHEREAS, Wisconsin Statutes Section 66.521(11)(b)2 gives the
Municipality authority to waive the requirements of Wisconsin
Statutes Section 66.521(11)(b)1;
NOW, THEREFORE, IT IS RESOLVED:
1. This Common Council finds
(i) that the imposition of the public notice and bid-
ding requirements of Wisconsin Statutes Section 66.521(11)(b)1
may impair the prompt and efficient completion of the Project
because of the delays associated with those requirements and
because they may prohibit the Borrower from using the contractors
which, in the Borrower's judgment, are best suited to do work on
the Project regardless of whether they are the "lowest responsi-
ble bidder" as that term is used in Wisconsin Statutes Section
66.521(11j(b)1 and
(ii) that the non-discrimination requirements of
Wisconsin Statutes Section 66.521(11)(b)1 are more appropriately
handled in the revenue agreement between the Borrower and the
Municipality since it is unclear what is substantively required
of the Borrower in order to comply with the non-discrimination
provisions of Wisconsin Statutes Section 66.521(11)(b)1 or what
the remedies are for failure to comply with those provisions and
because a prospective bondholder must be able to satisfy itself
that the validity of the bonds will not be subject to attack for
failure of the Borrower to comply with unclear statutes.
2. For the reasons stated above, this Common Council,
pursuant to the authority granted to it by Wisconsin Statutes
Section 66.521(11)(b)2 waives the requirements of Wisconsin
Statutes Section 66.521(11)(b)1 with respect to the Project if
the revenue producing agreement for the financing contains a
non-discrimination provision satisfactory to the Municipality.
-2-
�
FURTHER RESOLVED, that the Clerk is directed to publish this
resolution as a class 1 notice under Wisconsin Statutes Chapter
985 (relating to publication of of£icial notices) in a newspaper
eligible to make such a publication for the Municipality.
Dated: November 2 , 1984
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