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HomeMy WebLinkAbout32376 / 83-21,, � �� � _ The City council of the City of Oshkosh, 47innebago County, Wisconsin, met in regular, open, public session at its regular meeting place on April 21, 19�3, at ���� o'clockP .M., with the following members present: and the following members absent: * � (Other business) * The Clerk stated that one purpose of the meeting was the consideration of bids received for the purchase of $725,000 Promissory Notes, Se^i�s 1983-� o£ th2 City o£ Gs'r,kosh pursuant to notice of sale duly published in The Bond Buyer, a financial newspaper published in the City of idew York, New York, and in the Oshkosh Dai1y Northwestern. The following sealed bids for said notes were received in the Council Chambers in the City Hall until 11:00 A.M., C.S.T., on April 21, 1983: Adopted by ti�e Council of th: City of Oshkosh .... .�?.- � �......... .. 19�� �^� �:.���� a�v c��,t ' J � Name of Bidder Continental Illinois National Bank & Trust Co., Chicago, IL. LaSalle National Bank, Chicago, IL. First Wisconsin National Bank, Milwaukee, Wlsconsin Harris Trust & Savings Bank, Chicago, IL. Northern Trust Co., Chicago, IL. Net Interest Cost $361,053.24 368,669.78 368,909.00 372,125.00 381,525.00 7.681984% 7.844038% 7.8491 % 7.9171 % 8.11755 % A£ter due deliberaiion, it was deterr:�ined that �nz b�d of Cnntinant�l Illinois National Bank & TrusY. Com�C�y of Chicago , Illinois , and associates, at a price of par and accrued interest plus a premium of $ 9.26 was the highest and best bid submitted for the purchase of said notes, which bid is as follows: —2— � (Here insert or attach a true copy of the winning bid) BID FORM MEMBERS OF THE CITY COUNCII. CITY OF OSHKOSH, WISCONSIN April 21, 1983 We offer to purchase the $725,000 Promissory Notes, Series 1q83-A, of the City of Oshkosh, Wisconsin to be dated May 1, I983 and offered far sa2e on the above date, on the terms and conditions stated in the Official Notice nf Sale and L the Official Statement therefor, for a price of 7z� �+<< `-' (not less Yhan $725�000), and accrued interest to date of elivery. The notes of the vazious maturities to beaz interest at the following annual rate: 7 y�, % for notes due May 1, 19 �'� , through May 1, 19 Ff'7 7.so% for notes due May 1, 19 Yfr , through May 1, 19 q> 7.'��% for notes due May 1, 19 %,_ f throuoh May 1, 19 .� ,% for notes due May 1, 19 �ih , through May 1, 19 % for notes due May 1� 19 � through May 1, 19 Our computation of the total amount of interest from date of issue to maturiYy represented by the coupon rates specified above, and of the net interest cost of this bid, while not a pazt of this bid, aze set forth below. This bid is made for prompt acceptance and subject to the conditions of the Official Notice of Sale. We enclose, herewith, our certified check or bank cashier's or treasurer's check, in the amount of $14,500, which is to be held by the City pending compliance with the conditions of this bid. Respzctfully submitted, Continental Illinois National Bank and Trust Comoanv of ChicaQo Syndicate Manager �� /} _^�o •!; i. i j j-x ll;(-�.t,-� By Robert E. Simond Jr., Vice President Interest Compuiation We comput� the totai amount o£ interzst from date of issue to maturity, represented by the coupon rates specified in the bid to be 3t_/ �>; -L'.= for a Net Interest Rate of �_ %. � '% CG f 72�'/ The foregoing bid is hereby accepted by and on behaif of the City of Oshkosh, Wisconsin, this 21st day of April, 1933. City Manager Direc2or of Finance/Treasure: , 0 r 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: RESOLUTION determining to borrow 725,000 and to issue to the lender Promissory Notes, Series 1983-A, of the City of Oshkosh, Wisconsin, in such amount, providing details, prescribing the form of note and coupon, awarding the notes to the highest bidder, and levying taxes. WHEREAS, it is necessary that funds be raised in the total amount of $725,000 for the purpose of providing for permanent improvement of lands, acquisition of equipment, improvements and additions to an auditorium, general and current municipal expenses and public work and improvements consisting oi construction of sidewalks, renovation of the opera house, construction of a transit garage and parks department garage, acquiring major equipment and general and current municipal expenses; and WHEREAS, cities are authorized by the provisions of Section 67.12(12) of the Wisconsin Statutes to borrow money and issue promissory notes for acquisition of equipment, permanent -�- � �� improvement of lands, additions and improvements to an auditorium, general and current municipal expenses and public work and improve- ments; and � 47HEREAS, it is considered necessary and desirable by the City Council of the City of Oshkosh, Wisconsin (the "City"), that the City borrow $725,000 for the purpose of providing funds for the purposes aforesaid, and that the City issue to the lender its promissory notes to evidence the indebtedness thereby incurred; and WHEREAS, it has been determined to borrow said money f rom Continental Illinois National Bank & Trust Company , of Chicago , Illinois , and associates, said lenders having submitted the best bid for said notes at the public sale thereof; and WHEREAS, it has been determined that the issuance of said notes in form payable to the bearer will make such notes more readily marketable and will thereby be to the advantage of the City; NOW, THEREFORE, Be It Resolved by the City Council of the City of Oshkosh, Winnebago County, Wisconsin, as follows: Section 1. For the purpose of paying the cost of providing for acquisition of equipment, permanent improvements of lands, additions and improvements to an auditorium, general and current municipal expenses and public work and improvements as described in the preamble hereto, there shall be borrowed f rom Continental Illinois National Bank & Trust Company , of Chicago , Illinois , and associates, the sum of $725,000, and to evidence such indebtedness the City shall issue to such lenders its Promissory Notes, Series i983-A (the "Notes"), in the aggregate principal amount of $725,000. Section 2. The Notes shall be desSgnated "Promissory Notes, Series 1983-A", shall be payable to bearer, shall be dated -5- � 0 � May 1, 1983; shall be of $5,000.00 denomination each, shall be num- bered 1 to 145, inclusive, shall r�ature serially in numerical order on May 1 of each of the years 1984 to 1993, inclusive, and shall bear interest payable semiannually on the first day of May and November of each year, beginning May 1, 198�+, as follows: Year Amount i984 $50,000 1985 50,000 1986 50,000 1987 50,000 1988 50,000 Interest Rate 7.40 % 7.40 � 7.40 % 7.40 % 7.50 q Year Amount Interest Rate 1989 $ 75,000 7.50 io 1990 75,000 7.50 9 1991 75,000 7.50 � 1992 125,000 7.75 % 1993 125,000 8.00 % The Notes shall be subject to prepayment at the option of the City of Oshkosh as a whole, or in part in inverse order of their maturity and within a maturity by lot, on May 1, 1990, and on any interest payment date thereafter, at par and accrued interest to the date fixed for prepayment. Notice of intended prepayment shall be given by registered or certified mail to the banks at which the Notes are payable and by publication of an appropriate notice once in a financial newspaper or journal published in New York, New York, or Chicago, Illinois, such notice to be given not less than 30 days prior to the date fixed for prepayment. The Notes shall be signed by the City Manager of the City with his facsimile signature, and by the City Clerk, and sealed with the corporate seal of the City. Interest upon the Notes shall be evidenced by coupons thereto attached, such coupons to ba signed by said City nlana�er a:,d C��y Clerk �,vith their respecti��e facsimile signatures, and said officers shall, by the execution of the Notes, adopt as and for their own proper signatures their respective facsimile signatures appearing on said coupons. Both principal of and interest on the Notes shall be payable in lawful money of the United States of America at (to be designated in aCCOrdance � � with the official no�ice of sale) , , at the option of the holder. , or at , � Section 3. The Notes and coupons shall be in substantially the fqllowing form, the omissions to be appropriately completed when the notes are printed: No. (Form of Note) UNITED STATES OF AMERICA STATE OF WISCOi1SIN COUNTY OF WINNEBAGO CITY OF OSHKOSH PROMISSORY NOTE, SERIES 1983-A � KNOW ALL MEN BY THESE PRESENTS: That the City of Oshkosh, in the County of Winnebago, State of Wisconsin (the "City"), hereby acknowledges itself to owe and for value received promises to pay to bearer, or to the registered holders hereof if this Note shall then be registered as to principal, the principal sum of Thousand Dollars ($ with interest at the rate of ) on the first day of i�Yay, 19_, per cent ( %) per annum from the date hereof until the principal amount shall have been £ully paid, such interest being payable semiannually on the first days of May and Ivovember of each year, beginning May 1, 1984, interest to maturity being payable only upon presenta- tion and surrender of the interest coupons attached hereto as they severally mature. Both principal hereof and interest hereon are hereby made payable in lawful money of the United States of America at , _ , or at , , at the option of the holder. -7- , For the prompt payment of this note with interest hereon as aforesaid and for the levy and collection of taxes sufficient for that purpose, the full faith, credit and resources of the City are hereby irrevocably pledged. Notes of the issue of which this Note is one maturing o� and after May 1, 1991 are subject to prepayment at the option of �he City of Oshkosh as a whole, or in part in inverse order of their maturity and within a maturity by lot, on blay 1, 1990, and on any interest payment date thereafter, at par and accrued interest to date fixed for prepayment. Notice of intended prepayment shall be given by registe:ed or certified mail to the banks at which the Notes are payable and by publication of an appropriate notice once in a financial newspaper or journal published in New York, New York, or Chicago, Illinois, such notice to be given not less than 30 days prior to the date fixed for prepayment. This note is one of an issue of $725,000, all of like cate, issued to evidence the indebtedness incurred by the borrowino of money in such amount for the purpose of paying the cost of provicin� for acquisition of equipment, permanent improvement of lands, additions and improvements to an auditorium, general and current municipal expenses and public work and improvements, pursuant to and in all respects in compliance with Section 67.12(12) of the Wisconsin Statutes and a resolution adopted by the City Council of the City or. Flpril 21, 1983, and entitlefl, "RESCLUTION determi�_n� to borrow $725,000 and to issue to the lender Promissory Notes, Series 1983-A of the City of Oshkosh, Wisconsin, in such amount, providing details, prescribing the form o: note and coupons, awarding the notes to the highest bidder, and levying taxes". This note is registrable as to principal in accordance with the provisions endorsed on the reverse side hereof. S It is hereby certified and recited that all conditions, things and acts required by law to exist, to be or to be done precedent to and in the issuance of this note have been, have existed and have been performed in due form and time; that the indebtedness of the City, including this note, does not excee3 any limitation imposed by law; and that the City has levied a direct annual irrepealable tax. su£ficient to pay the interest hereon when it becomes due and also to pay the principal hereof at maturity. IN TESTINONY L�IHEREOF, the City of Oshkosh, by i�s C�ty Council has caused this note to be signed by its City P�ianager with his facsimile signature, and by its City Clerk, and its corporate seal to be lmpressed hereon, and the coupons hereto attached to be signed by said City Manager and City Clerk witn their respective facsimile signatures; and said officers, by the execution of this note, do adopt as and for their own official signatures their respective facsimile signatures appearing on said coupons, all as of the first day of b4ay, 1983. (facsimile signature) City Clerk City I�?anager (Form of Coupon) No. �w On the first day of , 19 , unless the no`e tc which this coupon is appurtenant is subject to prepaynent an3 shall have been called for prepayment and provisions for the payment thereof duly made, the City of Oshkosh, Wisconsin, will pay to bearer the amount shown hereon in lawful money of the United States of America at , or at , , , upon presenta- .'�'� tion and surrender of this coupon, for interest due that day on its Promissory Note, Series 1983—A, dated May 1, 1983, No. (facsimile signature) (facsimile signatur City Clerk City T�ianager (Provision for Registration} The within Note may be registered in the narne of the holder as to principal only on books to be kept by the �ity Clerk of the City of Oshkosh, as Note Registrar, such registration to be noted hereon in the registration blank below, after which no transfer shall be valid unless made on said books at ti�2 requ°st of the registered holder or his attorney thereunto dul�t authorized and similarly noted in said registration blank below, tsut this Note may be discharged from registration by being transferred to bearer, after which it shall be transferable by delivery but may be again registered as before. Such registration shal� not impair the negotiability by delivery of the coupons attached to this Note. Date of . Name of . Address of . Signature Registration : Registered Holder : Registered Holder : of ReAistrar 3 � Section 4. d e In order to provide for the collection of a direct annual tax sufficient to pay the interest on.the Notes and to pay arid discharge tne principal tner2oF at maturity, there is hereby levied upon all the taxable property in the City a direct annual tax in an arnount sufficient for that purpose, to-wit: Year of Amount for Principal Year of Amount for Principal Levy and Interest Levy and Interest 1984 $ 206,525.00 1985 97,712.50 198� 94,012.50 1987 90,312.50 111,562.50 -10- 19$$ S 105,937.50 1989 100,312.50 1990 144,687.50 1991 }35,000.00 1992 � Section 5. Said tax shall be extended upon the tax rolls of the City and shall be collected by the officers of the City in the same manner and at the same time as taxes for general City purposes for such years are extended and collected, and when so collected, the proceeds of said taxes shall be used solely for paying the principal of and interest on the Notes so long as the Notes remain outstanding. Section 6. Interest on or principal of the Notes falling due at any time when there shall be on hand insufficient funds from the proceeds of the above tax levy for the pay�:ent of such interest or principal shall be paid promptly when due from other funds of the City, which funds shall be reimbursed therefor out of the proceeds of the taxes above levied when such taxes shall have been collected. Section 7. The City Clerk shall keep, maintain and preserve an adequate and correct register account of all Plotes issued and all payments and other transactions relating thereto. Section 8. When the 14otes shall have been printed and executed, the same shall be delivered by the City Treasurer to the lender upon receipt of the borrowed money. Section 9• The principal proceeds from the sale of the Notes shall be used only for the purpose of paying the cost of providing for acquisition of equipment, permanent improvement of lands, additions and improvements to an auditorium, general and current municipal expenses and public work and improvements as set out hereinabove. The City recognizes that the purchasers and holders of the Notes will have accepted them on, and paid therefor a price which reflects, the understanding that interest thereon is exempt from Federal income taxation under laws in force at the time the Notes shall have been delivered. In this connection the City agrees that it shall take no action which -11- may render the interest on any of the Notes subject to Federal income taxation and that the principal proceeds of the sale of the Notes shall be devoted to and used with due diligence for the completion of the facilities for which the idotes are herein author,ized to be issued. The Director of Administration, the Clerk and the Treasurer of the City, 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 Notes that the proceeds of the Notes are not expected to be used in a manner which would or might result in the Notes being "arbitrage bonds" under Section 103�c) of the Internal Revenue Code of 1954, as amended, or tne regulations of the United States Treasury Department currently in effect or proposed. Such Arbitrage Certificate shall constitute a representation and certification of the City and no investment of Note proceeds or of moneys accumulated to pay the Notes herein authorized shall be made in violation of the expectations prescribed by said Arbitrage Certificate. ATTEST: Adopted April 21, 1983. Recorded , 1983. Approved , 1983. City Clerk -12- yor The Mayor then declared said resolution adopted. � � * (Other Business) Upon motion of , the City Council adjourned. Approved: April _, 1983. ATTEST: City Clerk -13- 1, . STATE OF WISCONSIN ) ) SS. COUNTY OF WINNEBAGO ) I, DONNA C. LUEBKE, hereby certify that I am the duly qualiPied and acting City Clerk of the City of Oshkosh, Wisconsin, and as such official I further certify that attached hereto is a true, correct and compared copy of excerpts from the minutes of the meeting of the City Council of said city held on April 21, 1983, insofar as same pertain to the sale of $725,000 Promissory Notes, Series 1983—A of said city. I further certify that a true and correct statement of every step or proceeding had or taken to date in the course of authorizing said notes has been recorded by me in a separate record book pursuant to the provisions of the Wiscons�in Statutes. WITNESS my official signature and the official seal of said city this day of April, 1983• (AFFIX) (SEAL) (HERE) City Clerk Sj1BMITT�p BY APPROVED . • ,. � � � n� `� F: � �. o, � N G fD FN-' O Frt-'• x y �� � � � o 0 W � rt �y .. b :n 'L7 . ry O �a c� � � r• ,-. p. V v � � A1 r � 0 rh � � l� � � � N N