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Home My WebLink About32573 / 83-03u September l, 1983 (CARRIED PURPOSE: INITIATED BY: LOST LAID OVER 113 RESOLUTION WITHDRAWN ) WAIVER RESOLUTION FOR C. E. MORGAN COMPANY INDUSTRIAL DEVELOPMENT REVENUE BONDS C. E. MORGAN WMPANY, DIVISION OF COMBUSTION ENGINEERING, INC. BE IT RESOLVED by the Co�on 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 C. E. Morgan Company, a Division of Combusticn Engineering, Inc, is hereby approved. - 3 - SUBbSITTED BY �n �� +-, RESOLUTION # 3 rdt083183 CITY COUNCIL OF THE CITY OF OSHKOSH, WISCONSIN Resolution No. RESOLUTION RELATING TO WAIVER OF SECTION 66.521(11)(b)1. IN CONNECTION WITH A POLLUTION CONTROL REVENUE BOND FINANCING ON BEHALF OF C . E . t10RGAN WHEREAS, this body has adopted a resolution entitled "Initial Resolution Relating to Pollution control Revenue Bond Financing On Behalf Of C. E. Morgan" (the "initial Resolution"); and WHEREAS, the Initial Resolution provides that upon certain conditions the City of Oshkosh, Wisconsin (the "Munici- pality") shall issue pollution control revenue bonds pursuant to Section 66.521, Wisconsin Statutes, as amended (the "Act") to finance a project in the Municipality to be undertaken by C. E. Morgan, a Delaware corporation and wholly-owned subsidiary of Combustion Engineering, Inc. (the "Eligible Participant"); and WHEREAS, the Eligible Participant has represented that the intended use of the project is for the purpose of air pollu- tion control and that the project would consist of acquisition and installatior. of pollution centrol eauipment_ {the "Project"); and WHEREAS, Section (11)(b)1. of the Act contains pro- visions 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; - 3A - � RESOLUTION � 3 NOW, THEREPORE, BE IT RESOLVED: 1. It is the finding and determination of this body that the Municipality will not control the design, costs, con- struction or operation of the Project; that no public moneys will be expended for the Project; that the Municipality will have no beneficial ownership in the Project; that the primary reason for requiring competitive bidding for construction of municipal projects is to protect the taxpayers against excessive expen- ditures of public funds and that such reason, although sound as applied to public works, is not applicable to the Project in which no general funds or tax revenues of the Municipality will be used or put at risk; that it would be more efficient and expedient for the accomplishment of the public purposes of the revenue bond issue if the Eligible Participant were to have complete control ov2r the lett:ng of contracts for cor.struction for the Project; and that while an anti-discrimination policy such as that expressed in Section (11)(b)1. of the Act is sup- ported by this body, p�blic policies of that sort applied in the context of a bond financinq are more appropriately effectuated by contract with the Eligible Participant. Therefore, the Munici- pality does hereby waive the provisions of Section (17)(b)i. of the Act with regard to the Project; provided, however, that the revenue agreement to be entered into between the Eligible Par- ticipant and the Municipality shall contain anti-discrimination clauses satisfactory to the Municipality, 2. The Clerk shall cause the foregoing resolution to be published together with the public notice required by the Initial Resolution. -2- - 3B - RESOLUTION # 3 CERTIFICATIONS BY CLERK I, Donna C. Luebke, being first duly sworn, do hereby depose and certify that I am the duly appointed gualified 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 Council; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; that said trans- cript hereto attached is a true, 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 A POLLUTION CONTROL REVENUE BOND FINANCING GN BEHA"LF Gr C. E. MORGAN 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 September 1, 1983. 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 meeting 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 meetings and by notice to the official newspaper of the City. 3. Said meeting was called to order by Mayor Robert Pung who chaired the meeting. Upon roll I noted and recorded that the following council members were present: and that the following council members were absent: I noted and recorded that a quorum was presen£. Various matters and business were taken up during the course of the meeting with- out intervention of any closed session. One of the matters taken up was said resolution which was introduced and its adoption was -i- - 3C - RESOLUTION # 3 moved by Councilor , and seconded by Councilor Following discussion and after all council members 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: Nay: Abstain: Whereupon the Mayor declared said resolution adopted, and I so recorded it. 4. 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 September, 1983. [Municipal Seal] Clerk STATE OF WISCONSIN ) ) 55 COUNTY OF WINNEBAGO) Subscribed and sworn to before me this day, the date last above written. 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