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Home My WebLink About31662 / 81-14. Dece�ber I7, 1°81 ,'I 1Q RESOLUTION PURPOSE: WAIVING CERTAIN STATUTORY REQUIREi`�NTS FOR INDUSTRIAL DEVELOPMENT REVEVUE BONDS - OSHKOSH B'GOSH, INC. INITIATED BY: OSHKOSH B'GOSH, IuC. BE IT RESOLVED, by the Common Council of the City of Oshkosh that the following attached resolution regarding waiving the statutory bidding and anti-discrimination requirements pursuant to Section 66.521(11)(b)(2), Wis. Stats., for the Oshkosh B'Gosh, Inc. project is hereby approved. - 14 - '. �`.�ii'c:iPiED b� � ' �i',, /�l ��- CITY OF OSHKOSH, WISCONSIN RESOLUTION WAIVING CERTAIN STATUTORY REOUIREMENTS FOR OSHKOSH B'GOSH, INC. INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT WHEREAS, the City of Oshkosh, Wisconsin (the "City"), has by resolution of its Common Council expressed its intent to issue bonds pursuant to Wis. Stats. Section 66.521 in an amount not to exceed $2,500,000 for the purpose of financing on behalf of Oshkosh B'Gosh, Inc., a Delaware corporation (the "Company"), costs related to the expansion and equipping of the facility presently operated by the Company in the City in connection with its clothinq manu£acturinq business and for related distribution and service activities (which expansion, equipping and related improvements and expenditures are herein called the "Project"); and WHEREAS, Wis. Stats. 66.521(11)(b)1. (i) provides that construction work which is 1et by contract and which has an estimated cost exceeding SS,000 may be financed with industrial revenue bonds only if the contract is 1et to the lowest respon- sible bidder and proposals for the contract are advertised by publishinq 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, the Company has made representations 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 expeditious commencement of the Project and possibly prevent the Company from taking advantage of existinq relationships which would be most desirable £or e£ficient completion o£ the Project and that while the Company supports anti-discrimination policies of the type enunciated by the statute, it would be preferable in the light o£ negotiations with prospective purchasers and the need for flexibility in the context of the bond £inancing to have them effectuated 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 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 takinq 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 contract with the Company; therefore, this Common Council pursuant to the authority qranted to it by Wis. Stats. Section 66.521(11) (b)(2) hereby waives the requirements o£ Wis. Stats. Section 66.521(11)(b)1. with regard to the Project, provided that the revenue producing agreement for the financing sha11 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 in which the City's official notices are published pursuant to such chapter. :� . ... -. C' lerk App�=G� , 1981 __� - � � -- r -2- NOTICE OE CITY OF OSHKOSH RESOLUTION WAIVING CERTAIN STATUTORY REQUIREMENTS FOR OSHKOSH B'GOSH, 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 17th day of December, 1981, adopted a resolution, pursuant to Section 66.521 of the Wisconsin Statutes, as amended, setting forth the intent of the City as follows: WHEREAS, the City o£ Oshkosh, Wisconsin (the "City"), has by resolution of its Common Council expressed its intent to issue bonds pursuant to Wis. Stats. Section 66.521 in an amount not to exceed 52,500,000 for the purpose of financing on behalf of Oshkosh B'Gosh, Inc., a Delaware corporation (the "Company"), costs related to the expansion and equipping of the facility presently operated by the Company in the City in connection with its clothing manufacturing business and for related distribution and service activities (which expansion, equippinq and related improvements and expenditures are herein called the "Project"); and WHEREAS, Wis. Stats. 66.521(11)(b)1. (i) provides that construction work which is 1et by contract and which has an estimated cost exceeding $5,000 may be financed with industrial revenue bonds only ii 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 oriqin, age or marital status with regard to construction and operation of projects £inanced under the Act; and WHEREAS, the Company has made representations 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 of the Project and possibly prevent the Company from takinq advantage of existing relationships which would be most desirable for efficient completion o£ the Project and that while the Company supports anti-discrimination policies o£ the type enunciated by the statute, it would be pre£erable in the light of neqotiations with prospective purchasers and the need for flexibility 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 advantage of existing relationships which would be most desirable for e££icient completion o£ the Project and (ii) that the anti-discrimination requirements are more appropriately handled in the light of the needs of 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 the revenue producing agreement for the financing sha11 contain an anti-discrimination provision satisfactory to the City; FURTHER RESOLVED, that the City C1erk is hereby directed to publish this resolution as a class 1 notice under Ch. 985, Wis. Stats. 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