HomeMy WebLinkAbout31794 / 82-16April l, 1982 �� 16 RESOLUTION
There will be a resolution providing foi the appropriate waivers to issue
Industrial Development Bonds for the Oshkosh Center project.
S'JEMITTED HY
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CITY OF OSHKOSH, WISCONSIN
RESOLUTION WAIVING CERTAIN STATUTORY REQUIREMENTS FOR
PY-VAVRA DEVELOPMENT, INC.
AND/OR THE ROONEY GROUP, INC.
INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT
WHEREAS, the City of Oshkosh, Wisconsin (the "City"), has bp
resolution of its Common Council expressed its intent to issue
bonds pursuant to Wis. Stats. Section 66.521 in an amount not to
exceed $20,000,000 for the purpose of financing on behalf of
Py-Vavra Development, Inc., a Wisconsin corporation ("Py-Vavra")
and/or The Rooney Group, Inc., a Wisconsin corporation ("Rooney")
(hereina£ter individually or as part of any combination, joint
venture or partnership called t1-.e "Ccmpany") the construction and
equipping on land in the City of a convention center and/or hotel
facility and related facilities (which construction, equipping
and related acquisitions and 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 $5,000 may be financed with industrial
revenue bonds only i£ the contract is let to the lowest respon-
sible bidder and proposals for 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 of projects financed under the Act;
and
WHEREAS, Py-Vavra and Rooney have indicated to the City that
compliance with the notice and public bidding requirement in the
first sentence of Wis. Stats. Section 66.521(11)(b)1. could
hinder the expeditious commencement o£ the Project and possibly
prevent the Company £rom taking advantage of existing relation-
ships which wouZ3 be most desirable for efficient completion of
the Project and that while Py-Vavra and Rooney support anti-
discrimination policies o£ the type enunciated by the statute, it
would be pre£erable in the light of negotiations with prospective
purchasers and the need for certainty in the context of the bond
financing to have them effectuated by a contractual provision
with a clearly specified remedy; and
WHEREAS, Wis. Stats. Section 66.521(11)(b) provides the City
with authority to waive the public biddinq and anti-discrimination
requirements;
NOW, THEREFORE, BE IT RESOLVED by this Common Council of the
City of Oshkosh that this Common Council hereby finds (i) that
the imposition of the public notice and bidding requirements of
Wis. Stats. Section 66.521(11)(b)1. could hinder the expeditious
commencement of the Project and possibly prevent the Company from
taking advantaqe 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 o£ the needs o£ this bond financing 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 official notices) in the
newspaper ia which the City's o£ficial notices are published
pursuant to such chapter.
SER:D
Adopted , 1982
City Clerk
Approved , 1982
-2-
City Manager
�
NOTICE OF CITY OF OSHKOSH
RESOLUTION WAIVING CERTAIN STATUTORY REQUIREMENTS FOR
PY-VAVRA DEVELOPMENT, INC.
AND/OR THE ROONEY GROUP, INC.
INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT
TAKE NOTICE that the Common Council o£ the City of Oshkosh,
Winnebago County, Wisconsin at a lawful meeting held on the
day of , 1982, adopted a resolution,
pursuant to Section 66.521 of the Wisconsin Statutes, as amended,
setting £orth the intent of the City as £ollows:
WHEREAS, the City of Oshkosh, Wisconsin (the "City"), has by
resolution o£ its Common Council exnressed its intent to issue
bonds pursuant to Wis. Stats. Section 66.521 in an amount not to
exceed $20,000,000 for the purpose of financing on behalf o£
Py-Vavra Development, Inc., a Wisconsin corporation ("Py-Vavra")
and/or The Rooney Group, Inc., a Wisconsin corporation ("Rooney")
(hereinafter individually or as part of any combination, joint
venture or partnership called the "Company") the construction and
equipping on land in the City o£ a convention center and/or hotel
£acility and related facilities (which construction, equipping
and related acquisitions and 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 $5,000 may be £inanced 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 of projects financed under the Act;
and
WHEREAS, Py-Vavra and Rooney have indicated to the City that
compliance with the notice and public bidding requirement in the
£irst sentence o£ Wis. Stats. Section 66.521(11)(b)1. could
hinder the expeditious commencement o£ the Project and possibly
prevent the Company from taking advantage of existing relation-
ships which would be most desirable £or efficient completion of
the Project and that while Py-Vavra and Rooney support anti-
discrimination policies of the type enunciated by the statute, it
would be pre£erable in the light of negotiations with prospective
purchasers and the need for certainty in the context of the bond
financing to have them ef£ectuated by a contractual provision
with a clearly specified remedy; and
WHEREAS, Wis
with authority to
requirements;
Stats. Section 66.521(11)(b) provides the City
waive the public bidding and anti-discrimination
NOW, THEREFORE, BE IT RESOLVED by this Common Council of the
City of Oshkosh that this Common Council hereby finds (i) that
the imposition o£ the public notice and bidding requirements of
Wis. Stats. Section 66.521(11)(b)1. could hinder the expeditious
commencement of the Project and possibly prevent the Company from
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 financing by con-
tract 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 £or the £inancing 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 o£ official notices) in the
newspaper in which the City's o££icial notices are published
pursuant to such chapter.
�y�cs��
Date: , 1982
-2-
City Clerk
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