HomeMy WebLinkAbout31517 / 81-21August 20, 1981 # 21 RESOLUTION
There will be a Resolution relating to waiver of Section 66.5Z1(11)(b)l. in
connection with an Industrial Development Revenue Bond financing on behalf of
Liskar, Inc.
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CITY COUNCIL
OF THE
CITY OF OSAKOSH, WISCONSIN
Resolution No.
RESOLUTION RELATING TO WAIVER OF SECTION 66.521(11)(b)1.
IN CONNECTION WITH AN INDUSTRIAL DEVELOPMENT REVENUE
BOND FINANCING ON BEHALF OF
iISK�� iNVEST�EN.S
WI-lEREAS, this body has adopted a resolution entitled
"Initial Resolution Relating to Industrial Development Revenue
Bond Financing On Behalf Of Liskar Investments" (the "Initial
Resolution"); and
WHEREAS, the Initial Resolution provides that upon
certain conditions the City of Oshkosh, Wisconsin (the "Munici-
pality ) sha11 issue industrial development revenue bonds pur-
��
suant to Section 65.521, Wisconsin Statutes, as amended (the
"Act") to finance a project in the Municipality to be undertaken
by Liskar Investments, a Wisconsin limited partnership (the
"Eligible Participant"); and
WHEREAS, the Eligible Participant has represented that
the intended use of the project is for the purpose of the manu-
facture of flexible packaging products and that the pro;ect
would consist of the expansion, improvement and equipping of an
existing building (the "Project"); and
WHEREAS, Section (11)(b)1. of the Act contains oro-
visions requiring competitive bidding for certain construction
contracts and prohibiting discrimination with regard to the
construction and operation of projects financed under the Act;
and
WHEREAS, Section (11)(bj2. of the Act empowers the
governin� body of a Q,unicipality to waive the requirements of
Section (11)(b)i. with respect to a particular project;
NOW, TAEREFORE, BE IT RESOLVED:
1. It is the finding and determination of this body
that the Municipality will not control the design, costs, con-
sttuction 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 primary reason for
requiring competitive bidding for construction of municipal
projects 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 for the accomplishment of the public purposes of the
revenue bond issue if the Eligible Participant were to have
complete control over the letting of contracts for construction
for the Project; and that while an anti-discrimination policy
such as that expressed in Section (11)(b)l. of the Act is sup-
ported by this body, oublic policies of that sort applied in the
context of a bond financing are more 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 sha11 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
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 records; that said
transcript hereto attached is a true, correct and complete copy
of a11 the corporate records in relation to the adoption of
Resolution No. entitled:
RESOLUTION
RELATING TO WAIVER OF SECTION 65.521(11)(b)1.
IN CONNECTION LdITH
INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING
ON BEHALF OF
LISKAR INVESTMENTS
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
August 20, 1981. Said meeting was a regular meeting of the City
Council and was held in open session in compliance with Sub-
chapter 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 commenceme�t 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 Don H.
Kutchera, Mayor, who chaited the s,eeting. lipon roll I noted and
recorded that the tollowing council members were present:
and that the iollowing council members were absent:
I noted and recorded that a quorum was present. Various matters
and business were taken up during the course of the meeting wi�h-
out intervention of any closed session. One of the matters taken
up was said resolution which was introduced and its adoption caas
-i-
�
moved by Council Member , and seconded by Council
Member Fol owing iscussion and after all
council members who esired to do so had expressed their views
for or against said resolution, che question was called and upon
roll being called and the continued presence of a quorum bein�
noted, the record�d vote was as follows:
Aye:
Nay:
Abseain:
Whereupon the Mayor 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 tdITNESS WHEREOF, I have signed my name and affixed
the seal of the City hereto on this day of August, 1981.
["lunicipal Seal]
Clerk
STATE OF WISCONSIN )
) SS
COUNTY OF ;dINNEBAGO )
Subscribed and sworn to before me this day, the
date last above written.
Notary Public
"]y commission expires:
[Notarial Sea1]
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