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Home My WebLink About32238 / 83-25January 6, 1983 /i 25 RESOLUTION There will be a resolution waiving public bidding and non-discr3mination requirements pursuant to Section 66.521 (11)(b)1 for MRI Development Cor- poration in coajunction with the Algoma/Church Redevelopment Project. SUBidITTED BY APPicO�u:,D -25- CITY OE OSHKOSH, WISCONSIN RESOLUTION WAIVING PUBLIC BIDDING AND NON-DISCRIMINATION REQUIREMENTS FOR INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT WHEREAS, the City of Oshkosh, Wisconsin (the "Municipality"), has by resolution o£ its City Council expressed its intent to issue bonds pursuant to Wis. Stats. Section 66.521 in an amount not to exceed $1,200,000 £or the purpose of financinq on behalf o£ MRI Development Corp., a Wisconsin corporation (the "Company") the remodeling, rehabilitation and equipping of an existing building in the Municipality for use as a condominium o££ice building (the "Project") portions of which, upon the completion o£ the Project, wi11 be sold to various persons for use as office space and for related activities; and WHEREAS, Wis. Stats. 66.521(11)(b)1. (i) provides that cons- truction 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 oriqin, age or marital status with regard to construction, use and operation of projects financed under the Act; and F]HEREAS, the Company has made representations to the Munici- pality (i) that compliance with the notice and public bidding requirements in the first sentence of Wis. Stats. Section 66.521(11)(b)1. may impair the prompt and efficient comple- tion of the Project (a) because of the delays associated with those requirements and (b) because they may prohibit the Company from using the contractors which the Company has identi£ied or will identi£y as the contractors which, in the Company's judgment, are best suited to do work on the Project and with whom the Company believes it must be free to contract regardless of whether they are the "lowest responsible bidder" as that term is used in Wis. 5tats. Section 66.521(11)(b)1. and (ii) that while the Company supports non-discrimination policies o£ the type enunciated by the statute, the Company would prefer to handle the non-discrimination aspects of the Project by contract since there has been no judicial interpre- tation o£ what is substantively required of the Company in order to comply with the non-discrimination provisions of Section 66.521(11)(b)1. or the remedies for failinq to comply with those provisions and because a prospective bondholder must be able to satisfy itself that the validity of the bonds will not be subject to attack for £ailure of the Company to comply with uninterpreted statutes; and WHEREAS, Wis. Stats. Section 66.521(11)(b)2. provides the Municipality with authority to waive the public bidding and non- discrimination requirements of Wis. Stats. Section 66.521(11)(b)1 NOW, THEREFORE, BE IT RESOLVED: 1. This Council hereby £inds (i) that the imposition of the public notice and bidding requirements of Wis. Stats. Section 66.521(11)(b)1. may impair the prompt and e££icient completion of the Project because of the delays associated with those requirements and because they may prohibit the Company £rom using the contractors which the Company has identified or will identizy as the contractors which, in the Company's judgment, are best suited to do work on the Project and with whom the Company must be £ree to contract regardless of whether they are the "lowest responsible bidder" as that term is used in Wis. Stats. 5ection 66.521(11)(b)1. and (ii) that the non-discrimination requirements o£ Wis. Stats. Section 66.521(11)(b)1. are more appropriately handled by contract with the Company since there has been no judicial inter- pretation o£ what is substantively required of the Company in order to comply with the non-discrimination provisions o£ Section 66.521(11)(b)1. or the remedies for failure to comply with those provisions and because a prospective bondholder must be able to satisfy itself that the validity o£ the bonds will not be subject to attack for failure of the Company to comply with uninterpreted statutes. 2. For the reasons stated above, this Council pursuant to the authority qranted to it by Wis. Stats. Section 66.521(11)(b)2. hereby waives the requirements o£ Wis. Stats. Section 66.521(11)(b)1. with regard to the Project, provided that the revenue producing agreement for the £inancing shall contain a non-discrimination provision satisfactory to the Municipality. FURTHER RESOLVED, that the Clerk is hereby directed to publish this resolution as a class 1 notice under Ch. 985, Wis. Stats. (relating to publication of official notices) in the newspaper in -2- which the Municipality's official notices are published pursuant to such chapter. JTW92:J Adopted / � �� , 1983 /,. ` /, 7�1L�12/id/�l C�' �,r� ,/,'7''�� Clerk Approved � , 1983 -3- , ` City Manager JUi�iv�TiiL�..� �'�= i:F.';i0'TliD m NOTTCE OF CITY OF OSHKOSH RESOLUTION WAIVING PUBLIC BIDDING AND NON-DISCRIMINATION REQUIREMENTS FOR INDUSTRIAL DEVELOPMENT REVENUE BOND PR03ECT TAKE NOTICE that the City Council of the City of Oshkosh, Wisconsin at a lawful meeting held on �pLy��_ 1983, adopted a resoLution, pursuant to Section 66.52 of th Wisconsin Statutes, as amended, waiving the public bidding and non-discrimination provisions with respect to an issue of industrial development revenue bonds. The resolution read in its entirety as follows: WHEREAS, the City of Oshkosh, Wisconsin (the "Municipality"), has by resolution o£ its City Council expressed its intent to issue bonds pursuant to Wis. Stats. Section 66.521 in an amount not to exceed $1,200,000 for the purpose of financing on behal£ o£ MRI Development Corp., a Wisconsin corporation (the "Company") the remodeling, rehabilitation and equippinq of an existing building in the Municipality for use as a condominium of£ice building (the "Project") portions of which, upon the completion of the Project, wi11 be sold to various persons for use as office space and for related activities; and WHEREAS, Wis. Stats. 66.521(11)(b)1. (i) provides that cons- truction 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 £or the contract are advertised by publishing a class 2 notice under Ch. 9B5 and {ii) prohibits discrimination in subcontractinq, access or employment based on race, creed, sex, handicap, ethnic origin, age or marital status with regard to construction, use and operation of projects £inanced under the Act; and WHEREAS, the Company has made representations to the Munici- pality (i) that compliance with the notice and public bidding requirements in the first sentence of i^iis. Stats. Section 66.521(11)(b)1. may impair the prompt and ef£icient comple- tion of the Project (a) because o£ the delays associated with those requirements and (b) because they may prohibit the Company £rom using the contractors which the Company has identified or will identify as the contractors which, in the Company's judgment, are best suited to do work on the Project and with whom the Company believes it must be free to contract regardless of whether they are the "lowest responsible bidder" as that term is used in Wis_ Stats. Section 66.521(11)(b)1. and (ii) that policies of the would prefer to while the Company supports non-discrimination type enunciated by the statute, the Company handle the non-discrimination aspects of the Project by contract since there has been no judicial interpre- tation of what is substantively required of the Company in order to comply with the non-discrimination provisions of Section 66.521(11)(b)1. or the remedies for failing to comply with those provisions and because a prospective bondholder must be able to satisfy itsel£ that the validity of the bonds will not be subject to attack £or failure of the Company to comply with uninterpreted statutes; and WHEREAS, Wis. Stats. Section 66.521(11)(b)2. provides the Municipality with authority to waive the public bidding and non- discrimination requirements of Wis. Stats. Section 66.521(11)(b)1.; NOW, THEREFORE, BE IT RESOLVED: 1. This Council hereby £inds (i) that the imposition of the public notice and bidding requirements o£ Wis. Stats. Section 66.521(11)(b)1. may impair the prompt and e£ficient completion of the Project because of the delays associated wi�h those requirements and because they may prohibit the Company £rom using the contractors which the Company has identified or wi11 identify as the contractors which, in the Company's judgment, are best suited to do work on the Project and with whom the Company must be £ree to contract reqardless o£ whether they are the "lowest responsible bidder" as that term is used in Wis. Stats. Section 66.521(11)(b)1. and (ii) that the non-discrimination requirements of Wis. 5tats. Section 66.521(11)(b)1. are more appropriately handled by contract with the Company since there has been no judicial inter- pretation of what is substantively required o£ the Company in order to comply with the non-discrimination provisions of Section 66.521(11)(b)1. or the remedies £or failure to comply with those provisions and because a prospective bondholder must be able to satisfy itself that the validity o£ the bonds will not be subject to attack for failure of the Company to comply with uninterpreted statutes. 2. Eor the reasons stated above, this Cour.cil pursuant to the authority granted to it by Wis. Stats. Section 66.521(11)(b)2. hereby waives the requirements of Wis. Stats. Section 66.521(11)(b)1. with regard to the Project, provided that the revenue producing agreement for the financinq sha11 contain a non-discrimination provision satisPactory to the Municipality. FURTHER RESOLVED, that the Clerk is hereby directed to publish thi5 resolution as a class 1 notice under Ch. 985, Wis. Stats. (relating to publication of official notices) in the newspaper in -2- which the Municipality's official notices are published pursuant to such chapter. Dated: � , 1983 � �, r C . ��,� �� '�iliYl�LkJ ? L .' i " Clerk JTW92:K -3- u'1 N � Q:� � � � �� •.� � uo cg � a� � �� ? � Qf � u i� O N � � H a 0 n � 0 E .� � � �q w m � � W U "„� .''C 4 W Ca w H a+ a a U � � � _. � M - CO �+. ` � \J � � }�i � ' � : V � �� ti �. v