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Jeinuary 21, 1982
(CARRIED
LOST LAID OVER
�� 19
RESOLUTION
WITHDRAWN )
There will be a Resolution relating to waiver of Section 66.521(11)(b)1. in
connection with an Industrial Revenue Bond financing on behalf of Churchfield
Development Co., an Illinois Partnership for the construction of a medical ser-
vice complex.
SUBMITTED Sy
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CITY OF OSHKOSH, WISCONSIN
RESOLUTION WAIVING PUBLIC BIDDING
AND NON-DISCRIMINATION REQUIREMENTS FOR
(CHURCHFIELD MEDICAL SERVICES COMPLEX PROJECT)
INDUSTRIAL DEVELOPMENT REVENUE BOND
WHEREAS, the City of Oshkosh, Wisconsin (the
"Municipality"), has by resolution of its City Council
expressed its intent to issue bonds pursuant to
Wisconsin Statutes Section 66.521 in an amount not to
exceed $1,500,000.00 for the purpose of financing on
behalf of Churchfield Development Company, an Illinois
Partnership, and its affiliates or joint venturers (the
"Company") in connection with the company's business of
owning, operating, and developing Retirement and Life
Care facilities and providing auxiliary facilities
thereto and to enter into a related revenue agreement
with the company and "blight" the site and initiate
such steps to complete the "blighting" of the site as
may be required by Wisconsin Statutes to allow for the
proper issuance of the Revenue Bonds referred to herein
(which land, building and equipment are hereafter
referred to as the "Project"); and
WHEREAS, Wisconsin Statutes 66.521(11)(b)1. (i)
provides that construction work which is let by
contract and which has an estimated cost exceeding
$5,000.00 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 Chapter 985 and (ii)
prohibits discrimination in subcontracting, access or
employment based on race, creed, sex, handicap, ethnic
origin, age or marital status with regard 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 Wisconsin
Statutes Section 66.521(11)(b)1. 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 the
Company has used in the past for the construction of
its Eacilities located elsewhere in Wisconsin and
1
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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
Wisconsin Statutes Section 66.521(11)(b)1. and
(ii) that while the Company supports anti-
discrimination policies of the type enunciated by the
statute, the Company would prefer to handle the anti-
discrimination aspects of the Project by contract
because there has beeen no judicial intrepretation of
what is required under the anti-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; and
WHEREAS, Wisconsin Statutes Section
66.521(11)(b)2. provides the Municipality with
authority to waive the public bidding and anti-
discrimination requirements of Wisconsin Statutes
Section 66.521(11)(b)1.;
NOW THEREFORE, BE IT RESOLVED by this City Council
of the City of Oshkosh:
1. This Council hereby finds
(i) that the imposition of the public
notice and bidding requirements of Wisconsin
Statutes Section 66.521(11)(b)1. 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 the Company has used in the
past for the construction of its facilities
located elsewhere in Wisconsin and 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 issued in
Wisconsin Statutes Section 66.521(11)(b)1. and
(ii) that the anti-discrimination
requirements of Wisconsin Statutes Section
66.521(11)(b)1. are more appropriately handled by
contract with the Company because there has been
no judicial interpretation of what is required
under the anti-discrimination provisions of
2
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 Council
pursuant to the authority granted to it by Wisconsin
Statutes Section 66.521(11)(b)2. hereby waives the
requirements of Wisconsin Statutes Section
66.521(11)(b)1. with regard to the Project, provided
that the revenue producing agreement for the financing
shall contain an anti-discrimination provision
satisfctory to the Municipality;
FURTHER RESOLVED, that the Clerk is hereby
directed to publish this resolution as a class 1 notice
under Chapter 985, Wisconsin Statutes (relating to
publication of official notices) in the newspaper in
which the Municipality's official notices are published
pursuant to such chapter.
Adopted , 1982
C
Approved , 1982
City Manager
3
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