HomeMy WebLinkAbout32392 / 83-15May 5, 1983
(CARRIED
PURPOSE:
INITIATED BY:
# 15 RESOLUTION
LOST LAID OVER WITHDRAWN )
APPROVE RESOLUTION WAIVING PUBLIC BIDDING AND
NONDISCRfMINATION REQUIREMENTS FOR PACUR, INC.
PACUR, INC.
BE IT RESOLVED by the Common Council of the City of Oshkosh, that
the following attached resolution waiving public bidding and nondiscrim-
ination requirement for Pacur, Inc. Industrial Development Revenue Bond
Project, regarding expansion of a manufacturing facility is hereby approved.
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SUSMITTED BY
A?P?tOVED
Resolution # 15
CITY OF OSHKOSH, WISCONSIN
RESOLUTION WAIVING PUBLIC BIDDING AND NONDISCRIMINATION
REQUIREMENTS FOR
PACUR, INC.
INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT
WHEREAS, the City of Oshkosh, Wisconsin (the
"Municipality"), has by resolution of its City Council
expressed its intent to issue bonds pursuant to Section 66.521,
Wisconsin Statutes, in an amount not to exceed $1,500,000 for
the purpose of financing on behalf of Pacur, Inc., a Wisconsin
corporation (the "Company") a building addition and related
equipment for use in the Company's manufacturing facility (the
"Project"); and
WHEREAS, Section 66.521(11)(b)1., Wisconsin Statutes, (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 proposals for the contract
are advertised by publishing a class 2 notice under Ch. 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, t17e Company has made representations to the
Municipality
(i) that compliance with the notice and public
bidding requirement in the first sentence of Section 66.521
(11)(b)1., Wisconsin Statutes, may impair the prompt and
efficient completion of the Project (a) because of the
delays associated with those requirements and (b) because
compliance with those requirements may prohibit the Company
from using the contractors which, in the Company's
judgment, are best suited to do worh on the Project
regardless of whether they are the "lowest responsible
bidder" as that term is used in Section 66.521(11)(b)1.,
Wisconsin Statutes, and
(ii) that while the Company supports
nondiscrimination policies of the type enunciated by the
statute, the Company would prefer to handle the
nondiscrimination aspects of the Project by contract
because there has been no judicial interpretation of what
is required under the nondiscrimination provisions of
Section 66.521(11)(b)1., Wisconsin Statutes, or what the
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Resolution # 15
remedies may be for the failure to comply with them and
because a prospective bondholder must be able to satisfy
itself that the validity of the bonds will not be subject
to sttack for failure of the Company to comply with
uninterpreted statutes; and
WHEREAS, Section 66.521(11)(b)2., Wisconsin Statutes,
provides the Municipality with authority to waive the public
bidding and nondiscrimination requirements of Section
66.521(11)(b)1., Wisconsin Statutes;
N041, THEREFORE, SE IT RESOLVED by this City Council of the
City of Oshkosh:
1. This City Council hereby finds
(i) that the imposition of the public notice and
bidding requirements of Section 6�.521(11)(b)1.,
Wisconsin Statutes, may impair the prompt and
efficient completion of the Project (a) because of the
delays associated with those requirements and (bj
because compliance with those requirements may
prohibit the Co�pany from using the contractors which,
in the Company's judgment, are best suited to do work
on the Project regardless of whether they may be the
"lowest responsible bidder" as that term is used in
Section 66.521(11)(b)1., Wisconsin Statutes, and
(ii) that the nondiscrimination reguirements of
Section 66.521(11)(b)1., ti9isconsin Statutes, are more
appropriately handled by contract with the Company
because there has been no judicial interpretation of
what is required under the nondiscrimination
provisions of Section 66.521(11)(b)1. or what the
remedies may be for the failure to comply with them
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 o£ the Company to
comply with uninterpreted statutes.
2. For the reasons stated above, this City Council
pursuant to the authority granted to it by Section
66.521(11)(b)2., Wisconsin Statutes, hereby waives the
requirements of Section 66.521(11)(b)1., Wisconsin Statutes,
with regard to the Project, provided that the revenue producinq
agreement for the financing shall contain a nondiscrimination
provision satisfactory to the Municipality;
FURTHER RESOLVED, that the City Clerk is hereby directed to
publish this resolution as a class 1 notice under Ch. 985,
-2-
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Resolution # 15
�9isconsin Statutes (relating to publication of official
notices) in the official newspaper of the Municipality pursuant
to such chapter.
THIS RESOLUTION INTRODUCED, APPROVED AND ADOPTED MAY 5,
1983.
William Frueh, City Manager
Donna C. Luebke, City Clerk
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