HomeMy WebLinkAbout32020 / 82-23July 15, 1482
li 23 RESOLUTION
PURPOSE: WAIVE STATUTORY REQUIREMENTS
LNITIATED BY: FpX VALLEY CARDIOVASCULAR ASSOCZATES
BE IT RESOLVED by the Co�on Council of the City of Oshkosh that the
resolution waiving public 6idding and nondiscrimination requirements pur-
suant to Section 66.521(11)(6)1 for Fox Valley Cardiovascular Associates
is hereby approved.
SUHM11'?�n ➢Y
APPROYF,D
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CITY OF OSHKOSH, WISCONSIN
RESOLUTI�N WAIVING PUBLIC BIDDING AND NON-DISCRIMINATION
REQUIREMENTS FOR
FOX VALLEY CARDIOVASCULAR ASSOCIATES - BUILDING PARTNERSHIP AND
FOX VALLEY CARDIOVASCULAR ASSOCIATES - EQUIPMENT PARTNERSHIP
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 $750,000 for the purpose of
financing on behalf of Fox Va11ey Cardiovasculae Associates -
Building Partnership and Fox Valley Cardiovascular Associates -
Equipment Partnership, Wisconsin general partnerships (the
"Company") the construction of a clinic facility and the
acquisition and installation of related equipment (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 reqard to construction, use, and operation of
projects financed under the Act; and
WHEREAS, the 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 work 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 non-discrimination
policies of the type enunciated by the statute, the Company
would prefer to handle the non-discrimination aspects of the
Project by contract because there has been no judicial
interpretation of what is required under the
non-discrimination provisions of Section 66.521(11)(b)1.,
i
Wisconsin Statutes, 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 of the
Company to comply with uninterpreted statutes; and
WHEREAS, Section 66.521(llj(b�2., Wisconsin Statutes,
provides the Municipality with authority to waive the public
bidding and non-discrimination requirements of Section
66.521(11)(b)1., Wisconsin Statutes;
NOW, THEREFORE, BE 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 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 requixements 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 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 non-discrimination requirements of
Section 66.521(11)(b)1., Wisconsin Statutes, are more
appropriately handled by contract with the Company
because there has been no judicial interpretation of
what is required under the non-discrimination 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 of the Company to comply with
uninterpreted statutes.
2. For the reasons stated above, this City Council
pursuant to the authority granted to it by 5ection
66.521(11)(b)2., Wisconsin Statutes, hereby cvaives the
requirements of Section 66.521(11)(b)1., Wisconsin Statutes, with
regard to the Project, provided that the revenue producinq
agreement for the financinq shall contain a non-discrimination
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,
Wisconsin Statutes (relating to publication of official notices)
-2-
in the official newspaper of the Municipality pursuant to such
chapter.
Adopted Julp 15, 1982
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Converse C. s, City Clerk
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