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HomeMy WebLinkAbout32153 / 82-07Novemher 4, 1982 PURPOSE: WAIVE STATUTORY REQUIREMENTS It 7 RESOLUTION ZNITIATED BY: PEPSY-COLA BOTTLING C0. OF OSAKOSH, INC. BE IT RESOLVED by the Co�on Council of the City of Oshkosh that the resolutian waiving public bidding and non-discrimination requirements pursuant to Section 66.521(11)(b)1 for Pepsi-Cola Bottling Co. of Oshkosh, Znc. is hereby approved. SUBt.4ITTED �� - % - .� / CITY OF OSHKOSH, WISCONSIN RESOLUTION WAIVING PUBLIC BIDDING AND NON-DISCRIMINATION REQUIREMENTS FOR INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT WHEREAS, the City of Oshkosh, Wisconsin (the "City"), has by resolution of its City Council expressed its intent to issue bonds pursuant to Wis. Stats. Section 66.521, in one or more series, in an amount not to exceed $6,000,000 for the purpose of financing on behalf of Robert J. Pennau, Steven B. Pennau, Donald J. Pennau, Richard R. Pennau, Richard R. Pennau II, Sharon Sterne (the "Individuals") and/or Pepsi-Cola Bottling Co. of Oshkosh, Inc., a Wisconsin corporation ("Pepsi-Cola of Oshkosh") (the Individuals and Pepsi-Cola of Oshkosh hereina£ter individually or as part of any combination, joint venture or partnership called the "Company") the acquisition o£ land in the City and the ccnstruc- tion and eguipping of a building thereon to be used in connection with the business of producing, bottling, warehousing and distribu- ting soft drinks (which acquisition, construction, equipping and related improvements are herein called the "Project"); and WHEREAS, Wis. Stats. 66.521(11)(b)1. (i) provides that construction work which is let by contract and which has an estimated cost exceeding 55,000 may be financed with industrial revenue bonds only if the contract is let to the lowest respon- sible bidder and proposals £or the contract are advertised by publishing a class 2 notice under Ch. 985 and (ii) prohibits discrimination in access or employment based on race, creed, sex, handicap, ethnic origin, age or marital status with regard to construction and operation o£�projects financed under tne Act; and WHEREAS, Pepsi-Cola oE Oshkosh has indicated to the City that compliance with the notice and public bidding requirement in the £irst sentence of Wis. Stats. Section 66.521(11)(b)1. could hinder the ex.peditious commencement o£ the Project and possibly prevent the Company from taking advantaqe o£ existing relation- ships which would be most desirable for efficient completion o£ the Project ar.d that whil_ ?epsi-Cola of Oshkosh and the Indi- viduals support anti-discrimination policies of the type enunci- ated by the statute, it would be preferable in the light of negotiations with prospective purchasers and the need for cer- tainty in the contex*_ o£ the bond £inancing to have them ef£ectu- ated by a contractual provision with a clearly specified remedy; and Wf3EREAS, Wis. Stats. Section 66.521(11)(b) provides the City with authority to waive the public bidding and anti-discrimination requirements; NOW, TAEREFORE, BE IT RESOLVED by this City Council of the City of Oshkosh that this City Council hereby £inds (i) that the �� imposition of the public notice and bidding requirements o£ Wis. Stats. Section 66.521(11)(b)1. could hinder the expeditious commencement of the Project and possibly prevent the Company £rom taking advantage of existing relationships which would be most desirable for efficient completion of the Project and (ii) that the anti-discrimination requirements are more appropriately handled in the light of the needs of this bond £inancing by contract with the Company; therefore, this Common Council 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 any revenue producing agreement for the financing shall contain an anti-discrimination provision satisfactory to the City; FURTHER RESOLVED, that the City Clerk is hereby directed to publish this resolution as a class 1 notice under Ch. 985, Wis. Stats. (relating to publication of o£ficial notices) in the newspaper in which the City's official notices are published pursuant to such chapter. JTW79:M Adopted , 1982 City Clerk Approved , 1982 -2- City Manager ti ik LI �� �'✓ .� � � ^ a� i �� � O � o � � � � � U O � � •� L� r� cd J> � � U] O � P� D ai - ri � c� � U � � O � H O .� � � � � N � � .� U �� N � Sx-i m �.�' a� � p� , U v � � < � S-i � U � � � �� •ri �