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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 !u^?30`�'�'D /�'G'+'�/ �'` ����'�fi/ I - 16 - r 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 0 � � � � ... ¢ z o m b � 6 %+ O � E V � p .� +� O � x . s, c� U m rn � � +� .� U r-I � � � � � � Q c-