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HomeMy WebLinkAbout32833 / 84-03� . ,. The City Council of the City of Oshkosh, Winnebago County, Wisconsin, met in special, open, public session at its regular meeting place on April 26, 1984, at 4:45 o'clock P.M., with the following members present: and the following members absent: a * s s (Other business) The Clerk stated that one purpose of the meeting was the consideration of proposals received for the purchase of $1,950,000 Ccrporate Purpose Bonds, Series 1984 of the City of Oshkosh pursuant to sealed bids. Thereupon the following resolution was introduced by and was read in full, and pursuant to motion made by and seconded by was adopted by the following vote: Aye: Nay: SUBMITTED BY ;...� � RESOLUTION determining to issue $1,960,000 Corpo- rate Purpose Bonds, Series 198', of the City of Oshkosh, Winnebago County, Wisconsin, providing details, pre- scribing the form oF bond, awarding the bonds to the highest bidder, and levying taxes. WHEREAS, by initial resolutions duly adopted on April 5, 1984 after publi- cation of same as a Class 2 notice, there have been authorized to be issued bonds of the City of Oshkosh (the "City") for the public purpose projects as follows: 5704,000 for the purpose of construeting and extending the water plant and water mains; $260,000 for the purpose of providing street improvements; E95,000 for the purpose of providing and improving public parks; $645,000 for the purpose of improving and extending the sanitary sewer system; $98,000 for the purpose of improving and extending the storm sewer system; $147,000 for the purpose of acquiring and developing sites for indus- trial parks; $11,000 for the purpose of providing financial assistance to a com- munity development project undertaken pursuant to Section 66.46, Wisconsin Statutes; and WHEREAS, it is now necessary that bonds be sold and issued for the pur- poses aforesaid in the aggregate principal amount of $1,960,000; and WHEREAS, the City is authorized by Section 67.05(13), Wisconsin Statutes, to combine bonds authorized under various initial resolutions into one issue; and WHEREAS, pursuant to advertisement, sealed bids were received for the purehase of corporate purpose bonds in said amount until 11:00 A.M., C.S.T. on April 26, 1984, which bids are as follovrs: Name of Bidder Net Interest Rate Northern Trust Co., Chicago, ILL 9.44544 First National Bank of Chicago, Chicago, ILL 9.52638 LaSalle National Bank, Chicago, ILL 9.58794 Cont3nental Illinois National Bank & Trust Co., Chicago, Ill. 9.590041 First Wis. National Bank of Milwaukee, Milwaukee, WI 9.6426 Harris Trust & Savings Bank, Chicago, ILL 9.8353 ; and WHEREAS, the bid of Northern Trust Co. � of Chicago , Illinois and associates at a price of par plus accrued interest to the date of delivery, wns the best bid submitted, which bid is as follows: -�- i I BID FORM MEM1ER5 OF TftE CITY COUNCIL CITY OF OSHKOSH, WISCONSIN April 26, 1984 We offer [o purchase the $1,950,000 Corpora[e Purpose Boods, Series 1984, of the Ci[y of Oshkosh, Wisconsin Co be da[ed May 1, 1984 and offered for sale on [he above date, on che terms and condi[ions sCa[ed in the Officipl Notice of�ySale and the Official Statement therefor, for a price of Y/ 960 0.2c-� (not less than $1,960,000), and accrued inierest [o dat of delivery. The bonds of the various maturities to bear interest at [he following annual ra[es: g. y� X for bonds due May 1, 19 i� thzough May 1, ,Y �C 2 for bonds due May 1, 19� through May 1, y,3c X for bonds due May 1, 19� [hrough May 1, �j.�� % for boads due May 1, 19q_2 through May 1, 9.� � X for bonds due May 1, 19� through May 1, q.p'p % for bonds due May 1, 19�� [hrough May 1, y.�/O X for bonds due May 1, �,�ao [hrough Mlay 1, °L for bonds due May 1, 19 through tiay 1, X for bonds due May L, 19 [hrough May 1, X for bonds due May 1, 19 through Atay 1, +Z for 6onds due May 1, 19� [hrough May 1, _X for bonds due May 1, 19_ through Hay 1, 19� 19� 19 19 19� 19 19 19 19 19 19 19_ Our cemputation of the toCal amount of in[erest from da[e of issue to matuxity represented by [he interest ra[es specified above, and of the net in[erest cost of this bid, while not a part of [his bid, 2re set forth below. � This bid is made for prompt accep[ance and subjec[ [o [he condi[ions of [he Official Notice of Sale. We enclose, herewi[h, our cashier's or certified check or bank draf[, i❑ [he amoun[ of $39,200, which is to be held by [he City pending compliance wi[h the conditions of this bid. Respectfully submitted, THE NORTHER!V TRUST COMPANY Syndicate Tlanager ___���,-���.� �y STEVEN C. BRO"Vv'N Second Vice President Interes[ Compu[a[ion We compute tbe total amount of interest from da[e of issue to mat�ri[y, reprearnted by [he ineeres[ rates specified in fhe bid, to be /�/$i�3'7o��for a �e[ Ra[e of %�� bH� �. The foregoing bid is hereby accepted by and on behalf of the City of Oshkosh, k'isconsin [his 26th day of April, 1984. Ci[y Afanager Director oL FinancelTreasurer THE NORTHERN TRUST COMPANY - Manager CHEMICAL BANY. IV:ER FIRST BANK DALLAS, N.A. DAIV, BOSWORTH, INC. YIPER, JAFFRAY & HOPWOOD, INC. THE FIRST NATIONAL BANK OF ST. PAUL 5EATTLE - FIRST NATIONAL BANK FIRST OF MICHIGAN CORPOATION BECKER & COWNIE, INC. CHANNER NEWMAN SECURITIES CO. FERRIS 5 COMPANY, INC. THE HEITNER CORPORATION PclRKER/HUNTER INCORPORATEQ SAUER'�IADI SECURITIES, ZNC. SEATTLE - NORTHWEST SECURITIES CORP. rl. F. STEPP.INVESTMENTS, TNC. SU:IMERS & COMPANY, INC. tiVIBANC TRUST COMPANY L'NITED STATES NATIONAL BANK OF OREGON - IN ASSOCIATION WITH - NORWEST SECURITIES )Joint THE FIRST NATIONAL BA;�IK AND TRUST CO6IPANY OF OKLAHOMA CITY ) SLYTH, EASTMAN, PAINE, WEBBER INCORPORATED )Managers i fiE CHICAGO CORPORP.TION CENTERRE BANK, N.A. NOW, THEREFORE, Be It Resolved by the City Council of the City of Oshkosh, Winnebago County, Wisconsin, as follows: Section 1. Definitions. For all purposes of this Resolution, except as otherwise expressly provided or unless the context otherwise requires, the terms defined in this Section shall have the meanings set forth below, and shall include the plural as well as the singular. "Bond" or ' Bonds" shall mean one or more of the Corporate Purpose Bonds, Series 1984 authorized to be issued by the terms of this Resolution. "Bond Register" shall mean the books of the City kept by the Registrar to evidence the registration and transfer of the Bonds. "City" shall mean the City of Oshkosh, Winnebago County, Wisconsin. "Governing Body" shall mean the City Council of the City. "Registrar" shall mean the First Wisconsin Trust Company, in Milwaukee, Wisconsin, or a successor designated as Registrar hereunder. "Resolution" shall mean this resolution as adopted by the Governing Body oF the City. "Statute" shall mean Chapter 67 of the Wisconsin Statutes, as amended and supplemented. Section 2. Authorization. The issuance of $1,960,000 aggregate principal amount of corporate purpose bonds is hereby authorized for the purpose of providing funds in the amounts and for the projects set out in the preamble hereto. The Bonds shall be designated "Corporate Purpose Bonds, Series 1984," shall be dated May 1, 1984, as originally issued, and shall also bear the date of their authentication by the Registrar. The Bonds shall be in fully registered form, shall be in denominations of $5,000 each and integral multiples thereof (but no single Bond shall represent installments of principal maturing on more than one date), shall be numbered shall mature serially on May 1 of each of the years 1985 to 2000, inclusive, in the amounts and shall bear interest at the rates per annum, as follows: Year 1985 1986 1987 1988 1989 1990 1991 1992 Interest Amount Rate Year $ 35,000 75,000 75,000 ?5>000 100,000 100,000 100,000 100,000 . . . . . . . , . . . 0 1993 1994 1995 1996 1997 1998 1999 2000 Amount $100,000 100,000 100,000 200,000 200,000 200,000 200,000 200,000 Interest Rate 8.9 9.1 9.1 9.3 9,5 9.7 9,8 9.9 � Section 3. Interest; Payment Provisions. The Bonds shall bear interest fro m their date or fro m the most recent interest payment date to w hich interest has been paid or duly provided for, at the rates set out above, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on the first days of -4- � May and November of each year, commencing on May 1, 1985. Interest on each Bond shall be paid by check or draft of the RegisYrar to the person in whose name such Bond is registered at the elose of business on the 15th day of the calendar month next preceding the interest payment date. The principal of each Bond shall be payable in lawful money of the United States of America upon presentation and surrender of such Bond at the principal corporate trust office of the Registrar in Milwaukee, Wisconsin. Section 4. Execution; Authentication. The Bonds shall be executed on behalf of the City with the facsimile signature oF the City Manager and with the fac- simile signature of the City Clerk, and sealed with the corporate seal of the City or a printed facsimile thereof. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. All Bonds shali have thereon a certificate of authentication sub�tantially in the form hereinafter set forth duly executed by the Registrar as authenticating agent of the City and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Resolution unless and until such certificate of authentication shall have been duly executed by the Registrar by manual signature, and such certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Resolution. The certificate of authentication on any Bond shall be deemed to have been executed by the Regis;rar if signed by an authorized officer of the Registrar, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Bonds issued hereunder. Section 5. Registration of Bonds; Persons 1�eated as Owners. The City shall cause books (the "Bond Register") for the registration and for the transfer of the Bonds as provided in this Resolution to be kept at the principal corporate trust office of the Registrar, which is hereby constituted and appointed the registrar of the City with respect to the Bonds herein authorized. Upon surrender for transfer of any Bond at the principal corporate trust office of the Registrar duly endorsed by, or accompanied by a written instrument or instr�ments of transfer in form satisfactory to the Registrar duly executed by, the registered owner or his attorney duly authorized in writing, the City shall execute and the Registrar shall authenticate, date and deliver in the name of the transferee or transferees a new fully registered Bond o: Bonds of the same maturi;y of authorized denominations, for a like aggregate principal amount. Any fully registered Bond or Bonds may be exchanged at said office of the Registrar for a like aggregate principal amount of Bond or Bonds of the same maturity of other authorized denomina- tions. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Qond and the Registrar shall thereby be authorized to authenti- cate, date and deliver such Bond. The Registrar shall not be required to transfer or exchange any Bond during the period of fifteen days next preceding any interest payment date on such Bond, nor to transfer or exchange any Bond after notice calling such Bond for prepayment has been mailed nor during the period of fifteen days next preceding mailing of a notice of prepayment of any Bonds. 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 the principal of, premium (if any) or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. 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. -5- J No service charge shall be made for any transfer or exchange of Bonds, but the City or the Registrar may require payment of a sum suFficient to cover any tax or other governmental charge that may be imposed in conneetion with any transfer or exchange of Bonds except in the case of the issuance of a Bond or Bonds for the unre- deemed portion of a Bond s�;rrendered for redemption. Section 6. Prior Redemption. Bonds maturing on and after May 1, 1999 shall be subject to redemption prior to maturity at the option of the City as a whole, or in part in inverse order of their maturity (less than all of the Bonds of a singie maturity to be selected by the Registrar), on May 1, 1998 and on any interest payment date there- after, at the redemption price of par plus accrued interest to the date fixed for redemp- tion. The Bonds shall be redeemed only in the principal amount of $5,000 each and integral multiples thereof. At least 45 days prior to the redemption date (unless a shorter notice shall be satisfactory to the Registrar), the City shall notiFy the Registrar of such redemption date and of the prineipal amount of Bonds to be redeemed. For purposes of any redemption of less than all oF the outstanding Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected not more than 60 days prior to the redemption date by the Registrar from the outstanding Bonds oF the longest maturity then outstanding by such method as the Registrar shall deem fair and appropriate, and which may provide for the selection for redemption of Bonds or portions of Bonds in principal amounts of $5,000 and integral multiples thereof. The Registrar shall promptly notify the City in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. Section 7. Redemption Procedure. Unless waived by any holder of Bonds to be redeemed, notice of the cali for any such redemption shall be given by the Regis- trar on behalf of the City by mailing the redemption notice by registered or certified mail at least thirty days and not more than sixty days prior to the date fixed for red�mp- tion to the registered owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such registered owner to the Registrar. All notices of redemption sha;l state: (1) the redemption date, (2) the redemption price, (3) if less than all outstanding Bonds are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) oF the Bonds to be redeemed, (4) that on the redemption date the redemption price wiil become due and payable upon each sueh Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and (5) the place where such Bonds are to be surrendered for payment of the redemption price, :,�hich place of payment shall be the principal corporate trust office of the Registrar. -6- � -L- pus asa�s�.�aa se 'u�suoosiiy 'aa�nsml!1N `�usdwo� ;snay u�suooscM asa�3 ay3 ,�o ao�,�30 �sna� a�eaodao� jedcoucad ayl la puog scy� ;o aapuaaans pus uo�le;uasaad uodn sacaaw�r �o sa;s;g pa�iun ay� }o ,Cauom jn;mei u� a�qe.ted si puop s�y; ;o Isdi�uwd ayy •o�aaay alqa� -��dde awooaq pue aq faw uoi;du�apa� o� ��adsaa y��m y3ao; �as aa;3euiaaay suocsinoad ay; ss xdaaxa 'p�8d sc wns jedioucad p;ss i��un ' gT `T 2u��uawutoo 'JSa�C y�ua 3o T aaqwanoN pus t �Ssyq ao y;ao; ;as anoqeuiaaay u�nuue aad ;saaa�u1 3o a;eg ai�l �e pisd uaaq sey �sasa�ui u�iyn� o; a3Bp ;uawfad �saaa;ui ;ua�aa ;socu ay� woa3 ao puog s�y; ;o a;ap ay; woa3 �unowe isd�ouiad y�ns uo (sy�uow 6ep-p£ aniam; 3o asa�S �Ssp-09E a�o siseq ay� uo pa�ndwo�) �saaa;u� ,C�d o; pus pai3�;uap[ anoqeu�aaay �vnowy Ied�ouiad ay� 'pa��t;uapt anoqsu[aJaq a�sQ �f��sn�sy� atl; uo 'paprno�d aa��su�aaau sB su�issa paaal -sc2aa ao °pa�3t�uap� anoqsu�aaay aaump paaa�s�.�ag ay; o� �Cad o� sasimoad paniaaaa anisn ao; pue ax�o ol 3las;[ sa�patn�ou�{ae �Sqaaaq '(„�Cat�„ au�) ucsuoascM �o9eqauucM ;o �C�uno� ay� u� 'ysoKysp �o �S;i� ay� ;syy :g,I,HgS�2Id �S�H,L dfl N�6V 'I'I� MONA 6i `T ��b1i �unowy te i�u�ad aau,Hp paaa�si ag a3eQ Isn Q� �/� ;saaa;ul 3� aiE2I Y86i sa�aas'puog asal.rnd aas�od.ro� i�so�sp;o �C1i� o2sqaua�ry ;o �C�uno� a[suo�s�M do alBi5 eotiam�r ;o sa;elS PalS�f] (PuoB ;o wao3) :uoc;ntosag s�q; !q paa�nbaa ao pa;��w -aad sa suoc�aasus pue suocssimo �S[IOi�EISBA 2�ElSdOJCIdE pus 6aessa�au y�iM smao; Sui -�noTio; ay� fitei�us;sqns ui aq o� Iis aas ;uamu3}ssa 3o wao; ay� pus uoa�ay; pasaopua aq o; po��s�«uaylne �o a;soi,}�laa� aq; 'spuog ayy •spaog �o uisog •g uo�;aas •panss�aa aq �ou iisys pue asals��a� aq� fq pafoa�sap pus paita�ue� aq jisys pawaapa� �aaq anay q�iqm spuog iitl 'IEdcouiad ptedun au; �o �unowa at{� ui l��i -an;aw auiss ay� �o spuo8 ao puog mau s a-�umo pa�a�sc�aa ay; ao3 paasdaJd aq tieys aaay; 'puog £us ;o uoc�dwapaa jei;aed dus ao3 aapuaaans uodn •�sa�aaut ;o ;uatudsd .�o; papin -oad u�aaaq se aiqsl+sd aq iisys a;gp uoi;dwapaa ay; o; aocad ao uo anp lsaaa�u� ;o sivaw -TTgasu� •a��ad uo�;dwapaa ayl �a asa;sc�a� ay; �Cq pcad aq itays spuog y�ns `a�i�ou p�es y;i.�+ a�uspaoo�s ui uo«dwapa,t ao� spuog q�ns ,{o aapuaaans uodn •;saaa�ui asaq o; asaa� �Isqs spuog ;o suot�aod ao spuog y�ns (aocad uoi;dwapa� aq; }o ;uam�Ssd aq� u� lTne;ap iiays l�i� ay; ssaiun) a;ep y�ns aa�;s pus iuoa; pus 'pa�;c�ads ucaaay; a�wd uoc�dmapaa ay� ;e aiqslad pus anp awo�aq 'a�ep uoi�dmapaa ay� uo 'jisys pawaapaa aq ol os spuog ;o suo�laod ao spuog ayl `p�esaao3s se uani� uaaq �u�nay uoi;du�apaa }o ao[�ox •a�ep �ay� uo pawaapaa aq o; aas ya�qM spuog ;o suoilaod ao spuo8 aql iig 3o a�cad uot�dwapaa ay; �Sed o; ;uaco�;;ns �Cauow ;o ;unowe us asa�s�3ag aql q�«n �isodap Iisys �i;[� ay� 'alep uo[;dwapaa �Cus o� ao�ad paying agent (the "Registrar"). Payment of each installment of interest shall be made to the registered owner hereof who shall appear on the registration books of the City main- tained by the Registrar at the close of business on the 15th day of the calendar month next preceding the interest pay ment date and shall be paid by check or draft of the Registrar mailed to such registered owner at his address as it appears on such registra- tion books or at such other address as m ay be furnished in writing by such registered owner to the Registrar. Reference is hereby m ade to the further provisions of this Bond set forth on the reverse side hereof and such further provisions shall for all purposes have the same effect as if set forth on the front side hereof. It is hereby certified, recited and declared that all acts, conditions and things required to be done, exist, happen and be performed precedent to and in the issu- ance of this Bond have been done, have existed, have happened and have been performed in regular form and manner as required by the constitution and statutes of the State of Wisconsin, that this Bond, together with all other indebtedness of the City, does not exceed any limitation presccibed by law, and that said city has levied a direct annual irrepealable tax sufficient to pay the interest hereon when it falls due and also to pay and discharge the principal hereof at maturity. The full faith, credit and resources of the City are hereby pledged for the payment of the principal of and interest on this Bond and the issue of which it is a part as the same respectively become due and for the levy and collection of sufficient taxes for that purpose. This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Registrar. [N WITNESS WHEREOF the City of Oshkosh, Winnebago County, Wisconsin, by its City Council, has caused this Bond to be executed with the duly authorized fac- simile signature of its City Manager and with the duly authorized facsimile signature of its City Clerk and its official seal or a facsimile thereof to be impressed or reproduced hereon, as of the first day oF , 198 (facsimile signature) City Clerk [SEAL] � (facsimile signature) City Manager CERTIF[CATE OF AUTHENTICATION This Bond is one of the Bonds described in the within mentioned Resolution and is one of the Corporate Purpose Bonds, Series 1984 of the City of Oshkosh, Wisconsin. Date of Authentication: First Wisconsin Trust Company, as Bond Registrar By Authorized Officer [Form of Bond - Reverse Side] This Bond is one of an authorized issue of Bonds aggregating the principal amount of $1,960,000 (the "Bonds") issued to pay the cost of providing public projects in the amounts and for the purposes as follows: $704,000 for the purpose of constructing and extending the water plant and water mains; $260,000 for the purpose of providing street improvements; $95,000 for the purpose of providing and improving public parks; $645,000 for the purpose of improving and extending the sanitary sewer system; 598,000 for the purpose of improving and extending the storm sewer syste m; $147,000 for the purpose of acquiring and developing sites for indus- trial parks; $11,000 for the purpose of providing financial assistance to a com- munity development project undertaken pursuant to Section 66.46, Wisconsin Statutes; pursuant to and in all respects in compliance with Chapter 67 of the Wisconsin Statutes and a resolution adopted by the City Council of said City on April 26, 1984. Bonds of the issue of which this Bond is one maturing on and after May 1, 1999 are subject to redemption prior to maturity at the option of the City as a whole, or in part in inverse order of their maturity (in integral multiples of $5,000, less than all the Bonds of a single maturity to be selected by the Registrar in such manner as it shall deem fair and appropriate) on 6iay 1, 1998 and on any inYerest payment date thereafter, at the redemption price of par plus accrued interest to the date fixed for redemption. � J Notice of any intended redemption shall be sent by registered or certified mail not less than thirty days nor more than sixty days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed (in whole or in part) at the address shown on the registration books of the City maintained by the Registrar or at such other address as is furnished in writing by such registered owner to the Registrar. When so called for redemption, this Bond, or the portion thereof being so called for redemption, will cease to bear interest on the specified redemption date, provided funds for redemption are on deposit at the place of payment at that time, and shall not be deemed to be outstanding. This Bond is transferable by the registered owner hereof in person or by his attorney duly authorized in writing at the principal corporate trust office of the Regis- trar in Milwaukee, Wisconsin, but only in the manner, subject to the limitations and upon payment of the charges provided in the authorizing resolution, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of authorized denom- inations of the same maturity and for the same aggregate principal amount will be issued to the transferee in exchange therefor. The Bonds are issuable in fully registered form in the denomination of $5,000 each or integral multiples thereof. This Bond may be exchanged at the principal corporate trust office of the Registrar for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations, upon the terms set forth in the authorizing resolution. The City and the Registrar may deem and treat the registered owner as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof, premium, if any, hereon and interest due hereon and for all other purposes and neither the City nor the Registrar shall be affected by any notice to the contrary. ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint or its successor as Registrar to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Section 9. Sale of Bonds. The sale of the Bonds to Nnrtharn Tr���r Co Chicago� Illinois, and Associates, at the price of par plus accrued interest to the date of delivery is hereby confirmed. The City Treasurer -10- is hereby authorized to deliver the Bonds to said purchasers upon pay ment of the pur- chase price. Section 10. Use of Proceeds; No Arbitrage; Bonds to Remain in Registered Form. The principal proceeds of the Bonds shall be deposited in a special fund and used solely for the purpose for which the Bonds were authorized. The principal proceeds from the sale of the Bonds shall be used only to pay the costs of public projects aforesaid and general and current municipal expenses. The City recognizes that the purchasers and holders of the Bonds will have accepted them on, and paid therefor a price which reflects, the understanding that interest thereon is exempt from federal income taxation under lasvs in force at the time the Bonds shall have b?en delivered. In this connection the City agrees that it shall take no action which may render the interest on any of the Bonds subject to federal income taxation and that the principal proceeds of the sale of the Bonds shall be devoted to and used with due diligence for the purpose for which the Bonds are hereby authorized to be issued. The City Manager, the City Clerk, the City Finance Director and the City Treasurer, or any of them, are hereby authorized to execute on behalf of the City an Arbitrage Certificate to assure the purchasers and holders of the Bonds that the proceeds of the Bonds are not expected to be used in a manner which would or might result in the Bonds being "arbitrage bonds" under Section 103(c) of the Internal Revenue Code of 1954, as amended, (the "Code") or the regulations of the United States Treasury Department currently in effect or proposed. Sueh Arbitrage Certificate shall constitute a represen- tation and certification of the City and no investment of Bond proceeds or of moneys accumulated to pay the Bonds herein authorized shall be made in violation of the erpec- tations prescribed by said Arbitrage Certificate. The City further recognizes that Section 103(j) of the Code requires the Bonds to be issued and to remain in fully registered form in order that interest thereon is exempt from federal income taxation under laws in force at the time the Bonds are delivered. In this connection, the City agrees that it will not take any action to permit the Bonds to be issued in, or converted into, bearer or coupon form. Section 11. Duties of Registrar. If requested by the Registrar, the City Manager is authorized to execute and the City Clerk is authorized to attest the Regis- trar's standard form of agreement between the City and the Registrar with respect to the obligations and duties of the Registrar hereunder which shall include the following: (a) to act as Registrar, authenticating agent, paying agent and transfer agent as provided herein; (b) to give notice of redemption of Bonds as provided herein; (c) to cancel and destroy Bonds which have been paid at maturity or upon earlier redemption or submitted For exchange or transfer; (d) to furnish the City at least annually a certificate of destruction with respect to Bonds cancelled and destroyed; and (e) to furnish the City at least annually an audit confirmation of Bonds paid, Bonds outstanding and payments made with respect to interest on the Bonds. -11- � Section 12. Taa Levy. In order to provide for the collection of a direct annusl tax sufficient to pay the interest on the Bonds and to pay and discharge the prin- cipal thereof at maturity, there is hereby levied upon all the taxable property in the City of Oshkosh a direct annual tax in amounts sufficient for that purpose to-wit: Year 1984 1985 1986 1987 1988 1989 1990 1991 Amount $306,802.50 250,787.50 2G4,112.50 237,437.50 254,650,00 245,750.00 236,850.00 227,950.00 Year 1992 1993 1994 1995 1996 1997 1998 1999 Amount $ 219,050 210,050 200,950 28?,1C0 268,300 249,100 224,600 209,900 In each of said years from 1984 to 1999, inclusive, the direct annual tax above levied shall be extended upon the tax rolls of the City in the same manner and time as taxes for general city purposes, and when collected the proceeds of said taxes shall be deposited into the aceount of the debt service fund established in favor of the Bonds, to be used solely for paying the principal of and interest on the Bonds as long as any Bonds of the Bond remain outstanding. Section 13. Suffieiency. Interest or principal maturing at any time during the life of the Bonds when there shall be insufficient funds on hand from the above tax levy to pay the same shall be paid promptly when due from the general fund of the City, and said fund shall be reimbursed in a like amount out of the proceeds of taxes hereby levied when the same shall have been collected. Section 14. Debt Service Fund. There has been ordered to be established in the City Treasury a fund separate and distinet from all other funds of the City of Oshkosh to be designated the "Debt Service Fund," which fund shali be used solely for the purpose of paying principal of and interest on m unicipal obligations issued pursuant to Chapter 6?, Wisconsin Statutes. There is hereby created and there shall be deposited in, an account known as the "Series 1984 Corporate Purpose Bond Account", to be held as a part of the Debt Service Fund, all premium and accrued interest paid on the Bonds at the time the Bonds are delivered to the purchaser; all rnoney raised by taxation pursuant to Section 12 hereof; and such othec sums as may be necessary to pay interest on the Bonds when the same shall become due and to retire the Bonds at their resp.ective maturity dates. Seetion 15. Prior Action. The action of this City Council in introducing and adopting the initisl resolutions authorizing issuance of bonds of the City for the public purposes aforesaid and the publication of sa me as a Class 2 notice, all as required by pertinent sections of the Wisconsin Statutes then in force, is hereby in all respects ratified and confirmed. Section 16. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or -12- unenforceability or such section, paragraph oe provision shall not affect any of the remaining provisions of this resolution. Adopted 1984. Approved , 1984. Recorded ,1984 %�,u'�c�� `%'/l. /Z .o�.� Mayor � Attest: ty Clerk . �,; -13- STATE OF WISCON5IN COUNTY OF WINNEBAGO I, Donna C. Serwas, hereby certify that I am the duly qualified and acting City Cierk of the City of Oshkosh, Wisconsin, and as such ofiicial I further certify that attached hereto is a copy of excerpts from the minutes of the meeting of the City Coun- cil of said City held on April 26, 1984; that t have compared said copy with the original minute record of said meeting in my official custody; and that said copy is a true, cor- rect and complete transcript from said original minute record insofar as said original record relates to the proposed $1,960,000 Corporate Purpose Bonds, Series 1984, of said City, dated May 1, 1984. WITNESS my official signature and the seal of said City this day of , 1984. 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