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Home My WebLink About32713 / 84-16January 5, 1984 (CARRIED 1311:�Id.9� INITIATED BY: I��b91 # 16 RESOLUTION LAID OVER WITHDRAWN ) WAIVER RESOLUTION FOR MORGAN PRODUCTS LTD. INDUSTRIAL DEVELOPMENT REVENUE BONDS MORGAN PRODUCTS LTD. BE IT RESOLVED by the Common Council of the City of Oshkosh that the following attached resolution waiving public bidding and nondiscrimination requirements under Section 66.521(11)(b)1 of the Wisconsin Statutes for Indus- trial Development Revenue Bonds on behalf of Morgan Products Ltd, is hereby approved. — 17 — SUBMITTEA HY APPROVED � j� +�• COh1�10N COUNCIL OF THE CITY OF OSHKOSH, WISCONSIN Resolution No. 16 RESOLUTION RELATING TO WAIVER OF SECTION 66.521(11)(b)1. IN COhNECTION WITH AN INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING ON BEH.ALF OF MORGAN PRODUCTS LTD. WI-IEREAS, the Common Council has adopted an Initial Resolu- tion on January 5, 1984, entitled Initial Resolution Relating to Industrial Development Revenue Bond Financing on Behalf of Morgan Products Ltd. (hereinafter referred to as the "Initial Resolution"); and WHEREAS, the Initial Resolution provides that upon certain conditions the City of Oshkosh, Winnebago County, a municipality duly organized and validly existing under the laws and constitu- tion of the State of Wisconsin (the "Municipality"), shall issue its industrial development revenue bonds pursuant to Wis. Stat. §66.521, as amended (the "Act"), to finance a project in the Municipality to be undertaken by Morgan Products Ltd., a Delaware corporation (hereinafter the "Eligible Participant"); and WHEREAS, the Eligible Participant has represented that the intended use of the project is the acquiring and improving of the facility in the Municipality known as the C-E Morgan Manufac- turing Division of C-E Morgan, Inc. for the Eligible Partici- pant's business of manufacturing wood doors and millwork (the "Project"), and WHEREAS, Wis. Stat. �66.521(11)(b)1. of the Act contains provisions requiring cempe*_;*_ive hidding f�r c?rtain co*nctruc*_ion contracts and prohibiting discrimination with regard to the construction and operation of projects financed under the Act; and WHEREAS, Wis. Stat. §66.521(11)(b)2. of the Act empowers the governing body of the Municipality for stated reasons to waive the requirements of competitive bidding anc� antidiscrimination with respect to a particular project financed under the Act; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh, Winnebago County, Wisconsin: 1. It is the finding and determination of this body (Common Council) that the Municipality will not control the design, cost, construction or operation of the Project; that no general funds of the Municipality will be expended for the construction or improvement of the Project; that the Municipality contemplates having no permanent beneficial ownership in the Project; that the primary purpose of competitive bidding for municipal construction projects is to protect the taxpayers against excessive expenditures of public funds and that such reason, although sound as applied to public works, is not applicable to the construction of the Project in which no general funds of the Municipality will be used or put at risk and that it would be more efficient and expedient for the accomplishment of the gublic purgeses af the Project if the Eligible Participant were to have complete control over the letting of contracts for construction for the Project; and that, while an antidiscrimina- tion policy such as that expressed in �66.521(11)(b)1. of the Act, is supported by this Common Council, public policies of that sort applied in the context of an industrial development revenue bond financing are more appropriately effectuated by contract with the Eligible Participant. 2. For the reasons stated in section one of this Resolution the Municipality does hereby waive the provisions of §66.521(11)(b)1. of the Act with regard to the Project; provided, however, that the revenue agreement to be entered into between the Eligible Participant and the Municipality shall contain antidiscrimination clauses satisfactory to the Municipality. 3. The City Clerk shall cause this Resolution to be pub- lished one time in the Oshkosh Daily Northwestern, the official newspaper of the Municipality, together with the public notice required by the Initial Resolution adopted by the Common Council on January 5, 1984. Adopted this Sth day of January, 1984. By Order of the Common Council. SEAL � Attest: -2- CITY OF OSHKOSH ert E. Pung, Mayor Donna Serwas, City Clerk � , Recorded January , 1984. Motion was made by that the above Resolution No. be adopted, and said motion was seconded by After due consideration and upon roll being called the following Councilpersons voted aye and the following voted nay The Resolution was thereupon declared adopted. �. (Other Business) Upon motion duly made, seconded and carried the meeting was adjourned. SEAL -3- Donna Serwas, City C APPROVAL OF RESOLUTION BY The attached Resolution No. entitled: RESOLUTION RELATING TO WAIVER OF SECTION 66.521(11)(b)1. IN CONNECTION WITH INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING ON BEHALF OF MORGAN PRODUCTS LTD. which was adopted by the Common Council of the City of Oshkosh, Wisconsin, on January 5, 1984, is hereby approved. Dated January , 1984. i�! E. Pung, Mayor CERTIFICATION I, , being first duly sworn, do hereby depose and certify that I am the duly appointed,,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 Common Council; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; the said transcript hereto attached is a true and correct and complete copy of all the corporate records in relation to the adoption of Resolution No. entitled: RESOLUTION RELATING TO WAIVER OF SECTION 66.521(11)(b)1. IN CONNECTION WITH AN INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING ON BEHALF OF MORGAN PRODUCTS LTD. I do hereby further depose and certify as follows: 1. Said Resolution was considered for adoption by the Common Council at a meeting held in the City Hall at p.m. on January 5, 1984. Said meeting was a regular meeting of the Common Council and was held in open session in compliance with subch. IV of ch. 19 of the Wisconsin Statutes. 2. Said Resolution was on the agenda for said meeting and public notice thereof was given not less than 24 hours prior to the commencement of said meeting in compliance with Wis. Stat. §19.84 including but without limitation by posting on 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 , who chaired the meeting. Uoon roll I noted and recorded the following Council Members were present: and the following Council Members were absent: -5- 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 Member _ and seconded by Council Member Following discussion and after all Council Member 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 the quorum being noted, the recorded vote was as follows: Aye: Nay: Abstain: Whereupon the Mayor declared said Resolution adopted, and I so recorded it. 4. Said Resolution was approved by the Mayor on and I have so recorded. 5. I have caused the 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 day of , 1984. SEAL STATE OF WISCONSIN ) ) ss. COUNTY OF WINNEBAGO ) Dcnna S=rwas, City Clerk Subscribed and sworn to before me this day, the last date written above. Notary Public, State of Wisc. 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