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Home My WebLink About31537 / 81-16�.. September 3> 1981 # 16 RESOLUTION There wilt be a Resolution relating to waiver of Section 66.521(11)(b) 1- ir� tcnnection with an Industrial P.evznue Bond finarc;ng on behalf of Carousel of Oshkosh, Incorporated, for Carousel Family Theme Park. �---- ------- i ' -� __.__ ._. . . _ — _ � � I i I �/ �'' ��t�� - 16 - �- vrdg082581 CITY COUNCIL OF THE CITY OF OSHKOSH, WISCONSIN Resolution No. RESOLUTION RELATING TO WAIVER OF SECTION 66.521(il)(b)1. IN CONNECTION WITH AN INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING ON BEHALF OF CAROUSEL OF OSHKOSH, INCORPORATED WHEREAS, this body has adopted a resolution on April 5, 1979, entitled "City of Oshkosh, Wisconsin Initial Resolution for Revenue Bonds" and subsequently amended said Resolution on September 3, 1981 (as so amended, the "Amended Initial Resolu- tion"); and WHEREAS, the Amended Initial Resolution provides that upon certain conditions the City of Oshkosh, Wisconsin (the "Municipality") shall issue industrial development revenue bonds pursuant to Section 66.521, Wisconsin Statutes, as amended (the "Act") to finance a project in the Municipality to be undertaken by Carousel of Oshkosh, Incorporated, a Wisconsin corporation (the "Eligible Participant"); and WHEREAS, the Eligible Participant has represented that the intended use of the project is for the purpose of providing a tecreational facility located at the intersection of West 20th Avenue and West South Patk Avenue in the Municipality and that the Project would consist of the acquisition of land and the construction of a theme park comprised of various games and amusement centers, rides, exhibits, shows and attractions and related non-residential facilities and the acquisition and installation of equipment therefor, all of which constitute a recreational facility as defined in the Act (the "Project"); and WHEREAS, Section (11)(b)1. of the Act contains pro- visions requiring competitive bidding fot certain construction contracts and prohibiting discrimination with regard to the construction and operation of projects financed under the Act; and R I noted and recorded that a quorum was present. Various matters and bUSiness were taken up during the course of the meeting without intervention of any closed session. One of the matters eaken up was said tesolution which was introduced and its adop- tion was moved by Councilmember , and seconded by Councilmember Following iscussion and after all councilmembers who esite to do so had expressed their views for or against said resolution, the question was called and upon roll being called and the continued presence of a quorum being noted, the recorded vote was as follows: Aye: Nay: Abstain: Whereupon the City Mattager declared said resolution adopted, and I so recorded it. 4. I have caused the resolution to be published in the form and place specified in said resolution. IN WITNESS WHEREOF, I the seal of the City hereto on 1981. [Municipal Seal] STATE OF WISCONSIN ) ) SS COUNTY OF WINNEBAGO ) have signed my name and affixed this day of , Subscribed and sworn to before me this day, the date last above wtitten. Notary Public My commission expires: [Notarial Seal] -ii- a WHEREAS, Section (11)(b)2. of the Act empowers the governing body of a municipality to waive the requirements of Section (11)(b)1. with respect to a patticular project; NOW, THEREFOFE, BE IT RESOLVED: 1. It is the finding and determination of this body that the Municipality will not conttol the design, costs, con- struction or operation of the Project; that no public moneys wi11 be expended for the Project; that the Municipality will have no beneficial ownership in the Project; that the ptimary reason for requiring competitive bidding for construction of municipal ptojects is to protect the taxpayers against excessive expen- ditures of public funds and that such reason, although sound as applied to public works, is not applicable to the Project in which no general funds or tax revenues of the Municipality will be used or put at risk; that it would be more efficient and expedient fot the accomplishment of the public purposes of the revenue bond issue if the Eligible Participant were to have complete control over the letting of conttacts for consttuction for the Project; and that while an anti-discrimination policy such as that expressed in Section (11)(b)1. of the Act is sup- ported by this body, public policies of that sort applied in the context of a bond financing are mo=e appropriately effectuated by contract with the Eligible Participant. Therefore, the Munici- pality does hereby waive the provisions of Section (11)(b)1. of the Act with regard to the Project; provided, however, that the revenue agreement to be entered into between the Eligible Par- ticipant and the Municipality shall contain anti-discrimination clauses satisfactory to the Municipality. 2. The Clerk shall cause the foregoing resolution to be published together with the public notice required by the Amended Initial Resolution. -2- CERTIFICATIONS BY CLERK I, Converse C. Marks, being first duly sworn, do hereby depose and certify that I am the duly appointed, qualified and acting Clerk of the City of Oshkosh, in the County of Winnebago, State of Wisconsin, and as such I have in my possession, or have access to, the complete corporate records of said City and of its City Council; that I have carefully compared the transcript hereto attached with the aforesaid corporate recotds; that said transcript heteto attached is a true, correct and complete copy of all the cotpotate tecords in relation to the adoption of Resolution No. entitled: RESOLUTION RELATING TO WAIVER OF SECTION 66.521(11)(b)1. IN CONNECTION WITH INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING ON BEHALF OF CAROUSEL OF OSHKOSH, INCORPORATED I do hereby further depose and certify as follows: 1. Said resolution was considered for adoption by the City Council at a meeting held in the City Ha11 at 7:00 P.M. on September 3, 1981. Said meeting was a regular meeting of the City Council and was held in open session in compliance with Subchapter IV of Chapter 19 of the Wisconsin Statutes. 2. Said resolution was on the agenda for said meeting and public notice thereof was given not less than 24 hours prior to the commencement of said meeting in compliance with Section 19.84 of the Wisconsin Statutes, including, without limitation, by posting on the bulletin board in the City Hall, by notice to those news media who have filed a written request for notice of meetings and by notice to the official newspaper of the City. 3. Said meeting was called to order by William Frueh, City Manager who chaired the meeting. Upon roll I noted and recorded that the following councilmembers wete present: and that the following councilmembers were absent: -i- � � � � ro � N � � X � a r� N � O � � � o �w O � � 3 �� a 0 b 6 0 H L�. O £ � N N O z � � 6 b v .� i� s� � U r-� W � � C1 � W cn _CN\S � \�� U \ �