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Home My WebLink About32777 / 84-18March 1, 1984 (CARRIED PURPOSE: INITIATED BY # 18 RESOLUTION LOST LAID OVER WITHDRAWN ) WAIVER RESOLUTION FOR INDUSTRIAL DEVELOPMENT REVENUE BONDS CARLSON'S FINE FOODS, INC, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following attached Resolution Relating to Waiver of Section 66.521(11)(b) in Connection with an Industrial Development Revenue Bond Financing on Behalf of Carlson's Fine Foods, Inc. is hereby approved. SUBNITTED BY APPROVED - 25 - � � COMMON COUNCIL OF THE CITY OF OSHKOSH, WISCONSIN Resolution No. 18 RESOLUTION RELATING TO WAIVER OF SECTION 66.521(11)(b) IN CONNECTION WZTH AN INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING ON BEHALF OF CARLSON'S FINE FOODS, INC. WHEREAS, this body has adopted a resolution entitled "Initial Resolution Relating to Industrial Development Revenue Bond Financing On Behalf of Carlson's Fine Foods, Inc." (the Initial Resolution"); WHEREAS, the Initial Resolution provides that upon certain conditions the City of Oshkosh, Wisconsin (the "Municipality") shall issue industrial development revenue bonds pursuant to section 66.521, Wisconsin Statutes, as amended (the "Act"), to finance a project in the Municipality to be undertaken by Carlson's Fine Food, Inc., a Wisconsin corporation (the "Company"); and WHEREAS, the Company has represented that the intended use of the project is retail food stores and that the project would consist of the construction of a retail food store and the purchase and installation of equipment and fixtures for its operation (the "Project"); and WHEREAS, the Company is responsible for construction of the Project and will be the owner of the Project upon the completion of construction; and WHEREAS, section (11)(b)1 of the Act contains provi- sions requiring competitive bidding for certain construction contracts and prohibiting discrimination with regard to the construction and operation of projects financed under the Act; and WHEREAS, section (11)(b)2 of the Act empowers the governing body of a municipality to waive the requirements of section (11)(b)1 with respect to a particular project; NOW, THEREFORE, BE IT RESOLVED: 1. For the following reasons, the provisions of section 66.521(11)(b)1 of the Act are hereby waived with respect to the Project. (a) Construction of the Project is the reponsi- bility of the Company and the Municipality will not control the costs, construction or operation o£ the Project. (b) No public funds will be extended for the construction or operation of the Project. (c) The public purpose of requiring competitive bidding for public works is not applicable to the Project in that no general funds or tax revenues of the Municipality will be used. (d) The public purpose of the Act is better served by allowing the Company to have complete control over contracts for construction of the Project. (e) The revenue agreement to be entered into between the Company and the Municipality with respect to the Project shall contain antidiscrimination clauses satisfactory to the Municipality. 2. The Clerk shall cause the foregoing resolution to be published together with the public notice of the adoption of the Initial Resolution. APPROVAL OF RESOLUTION BY MAYOR The attached Resolution No. 18 , entitled RESOLUTION RELATING TO WAIVER OF SECTION 66.521(11)(b) IN CONNECTION WITH AN INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING ON BEHALF OF CARLSON'S FINE FOODS, INC. which was adopted by the Common Council of the City of Oshkosh, Wisconsin, on March 1, 1984, is hereby approved. Dated March 1 , 1984. % —i , �,_ � � � � _ �.� � ��__ Robert �. Pung, ayor � CERTIFICATIONS BY CLERK I, DONNA C. SERWAS, being first duly sworn, do hereby depose and certify that I am the duly (appointed) (elected), qualified and acting Clerk of the City of Oshkosh, in the County of Winnebago, State of Wisconsin, and as such I have in my possession, or have access to, the complete corporate records of said city and of its city council; that I have care- fully compared the transcript hereto attached with the afore- said corporate records; that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of Resolution No. lg entitled: RESOLUTION RELATING TO WAIVER OF SECTION IN CONNECTION WITH INDUSTRIAL DEVELOPMENT REVENUE ON BEHALF OF CARLSON'S FINE FOODS, 66.521(11)(b) AN BOND FINANCING ��[�1 I do hereby further depose and certify as follows: 1. Said resolution was considered for adoption by the City Council at a meeting held in the city hall at 7 p.m. on March 1, 1984. Said meeting was a regular meeting of the city council and was held in open session in compliance with Subchapter IV of Chapter 19 of the Wisconsin Statutes. 2. Said resolution was on the agenda for said meet- ing and public notice thereof was given not less than 24 hours prior to the commencement of said meeting in compliance with section 19.84 of the Wisconsin Statutes, including, without limitation, by posting on the bulletin board in the city hall, by notice to those news media who have filed a written request for notice of ineetings and by notice to the official newspaper of the city. 3. Said meeting was called to order by Robert L. Pung, Mayor, who chaired the meeting. Upon roll I noted and recorded that the following �-O�,EM�E� were present: Council Member Floyd R. Chapin Council Member pon H. Kutc era Council Member James A. Mat er Council Member Kathleen M. Propp Council Member Bernice Teichmiller Council Member Robert E. Pung and that the following �u�� were absent: Council Member Charles J. Hulsebosch I noted and recorded that a quorum was present. Various matters and business were taken up during the course of the meeting without intervention of any closed session. One of the matters taken up was said resolution which was introduced and its adoption was moved by Council P�Pmhar Mather , and seconded by Council MPmhPr �han;n Following discus- sion and after all � mEm�� who desired to do so had expressed their views for or against said resolution, the question was called and upon roll being called and the continued presence of a quorum being noted, the recorded vote was as follows: Aye: Council Member Kathleen M. Propp Council Member Robert Council Member Bernice Teichmiller E. Pung Council Member Floyd R. Chapin Council Member pon H. Kutchera Council Member James A. Mather Nay: None Abstain: None Whereupon the Mayor declared said resolution adopted, and I so recorded it. 4. Said resolution was approved by the Mayor on March 1, 1984, and I have so recorded. 5. I have caused said resolution to be published in the form and place specified in said resolution. IN WITNESS WHEREOF, I have signed my name and affixed the seal of the city hereto on this lst day of March, 1983. i , i; il��;-� ��, ;;/,;;., Donna C. Serwas, Clerk State of Wisconsin ) SS Winnebago County Subscribed and sworn last above written. [Notarial Seal] to b fore me this day, the date l r / ( � ) Notary Public, State o Wisconsin My commissitan _ ,,, i _.�,�..� . _. _.�... ww..... � � �� w / w rr ri � �� n - � n � mr � r - n , Y, � r � (� w � �'� � c° � �- ` .. .. � 0 rr o"� � Cl H � O � � �"� � LTJ O O rt � m m rn �z�n� r�moa � C n w �.i H(D �a � omacn a to m c�i m o rr rt � �n r� Haa�� p �1 r � r• rn � C7 rn (iN N w�r � o ., �� nm �- w� l. n rt o' � --- � 0 � u, z m m 0 � G rt r- 0 � � r m : « 'P •A ,:. i