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HomeMy WebLinkAbout31236 / 81-32-24Res March 19, 1981 PURPOSE: INITIAL RESOLUTIONS RE: BONDS, SERIES 1981 INITIATED BY: CITY ACMINISTRATION # 24-32 S3,o50,000 RESOLUTIONS CORPORATE PURPOSES #24 1. lNITIAL RESOLUTION authorizing not exceedina $544,OOC bon�s of the City of Os,:kcsh f�r ;he purpcsa of p�y�r�g the cost of providing street improvements. � Res. �25 2 Res. #26 3 Res. #27 4 INITIAL RESOLUTION authorizing not exceeding $317,000 bonds of the City of Oshkosh for the purpose of paying the cost of improving and extending storm sewers. INITIAL RESO�UTION authorizing not exceeding $25,000 bonds of the City of Oshkosh for the purpose of paying the cost of improving and extending water mains. INITIAI RESOLUTION authorizing not exceeding $1,000,000 bonds of the City of Oshkosh for the purpose of paying the cost of constructing bridges. Res. #28 5• INITIAL RESOLUTION authorizing not exceeding $207,000 honds of the City of Oshkosh for the purpose of paying the cost of providing park improvements. Res Res #23 6. INITIAL RESOLUTION authorizing not exceeding $759,000 bonds of the City of ��shk.osh for the purpose of paying the cost to acquire and develop sites for industrial a�lrpr�ses. . �30 7. INITIAL RESOLUTION au[horizing not exceeding $93,OG0 benus of the City of Qshkosh for the purpose of paying the cost of a revolving Pund out of which to advance the cost of work for which special assessm_nts may be levied. Res. a31 8. RESOlUT10N providing details of $3,050,000 Corporate Purpose Bonds of the City of Oshkosh and directing the sale thereof. Res. �`32 9• RESOLUTION directing the advertisement and sale of $495,000 Prcmissory Notes, Series 1981, of the City of Oshkosh, Wisconsin. E"'T,:.._T'iTED F1'! ---- -------- ---- �'�` � �W �f , • The City Council of the City of Oshkosh, tJisconsin met in regular open, public session at its regular meetin� place on Tlarch 19, 19�1, at o'clock _.P1., with the following members present: Absent: * � � (Other business) The Followin� initial resolution offered and read on ?".arch 5, 1981 was a�;ain read in full: INITIAL RESOLUTION authorizing not exceeding 317,000 bonds of the City of Oshkosh. BE IT RESOLVED by the Cit� Council of the City of OshY.osh, Wisconsin, th2t there shall be issued the general obligation bonds of said City in the principal amount of not exceeding �317,000 for the purpose of improving and extending the storr� sewer system of said City. For the purpose of paying the various installments of principal and interest on said bonds as they severally mature, there is hereb� levied on all taxable property in said City a direct annual irrepealable tax sufficient for that purpose. Approved , 1981. Recorden , 1981. It was moved by resident City Cler}; and seconded by that said resolution be adopted. Upon roll be;ng called, the following voted: Aye: Na,y : The following initial resolution offered and read on 14arch 5, 1981 was again read in full: INITIAL RESOLUTION authorizing not exceeding 25,000 bonds of the City of Oshkosh. BE IT RESOLVED by the City Council of the City of Oshkosh, Wisconsin, that there shall be issued the general obligation bonds of said City in the principal amount of not exceeding w�25,�00 for the purpose of improving and extending water mains of said City. For the purpose of payin� the various installments of principal and interest on said bonds as they severally mature, -Z- there is hereby levied on all taxable property in said City a direct annual irrepealable tax sufficient for that purpose. Approved _ , 19R1. Recorded , 1981. resident City Clerk It was moved by and seconded by that said resolution be adopted. Upon roll bein� called, the following voted: Aye: Nav: The following initial resolution offered and read on ?^.arch 5, 1981 was again read in full: INITIAL RESOLUTION authorizing not exceeding 9,000 bonds of the City of Oshkosh. RF. IT RESOLVED by the City Council of the City of Oshkosh, idisconsin, that there shall be issued the general obligation bonds of said City in the principal amount of not exceeding $649,000 for the purpose of providing street improvements of said City. For the purpose of paying the various installments of principal and interest on said bonds as they severally mature, -3- , there is hereby levied on all taxable property in said City a direct annual irrepealable tax sufficient for that purpose. Approved , 1981. Recorded , 1981. resident y �le It was moved by and seconded by that said resolution be adopted. Upon roll being called, the following voted: Aye: Nay: The followin� initial resolution offered and read on P^arch 5, 1981 was again read in full: IPIITIAL RESOLUTION authorizing not exceeding 207,000 bonds of the City of Oshkosh. EE IT RESOLVED by the City Council of the City of Oshkosh, Wisconsin, that there shall be issued the general obligation bonds of said City in the principal amount of not exceeding �a20'],000 for the purPose of providing and improving public parks of said City. For the purpose of paying the various installments of principal and interest on said bonds as they severally mature, —�— � there is hereby levied on all taxable property in said City a direct annual irrepealable tax sufficient for that purpose. Approved , 1981. Recorded , 1981. It was moved by residen City Clerk and seconded by that said resolution be adopted. Upon roll bein� called, the following voted: A;�e: r.1ay : The followin�; initial resolution o£fered and read on Plarch 5, 1981 was again read in full. INITIAL RESOLUTION authorizing not exceeding 1,000,000 bonds of the City o£ Oshlcosh. BE IT RESOLVED by the Cit� Council of the City of Oshkosh, Wisconsin, that there shall be issued the general obligation bonds of saic� City in the principal ar�ount of not exceeding $1,000,000 for the purpose of constructing bridges in said City. For the purpose of paying the various installments of principal and interest on said bonds as they severally mature, there is -5- hereby levied on all taxable property in said City a direct annual irrepealable tax sufficient for that purpose. Approved , 1981. Recorded , 1981. It was moved by residen City Clerk and seconded by that said resolution be adopted. Upon roll being called, the follooring voted: Aye: Nay: The followin� initial resolution offered and read on t?arch 5, 1981 was again read in full: INITIAL RESOLUTION authorizing not exceeding 759,000 bonds of the City of Oshkosh. PE IT P,ESOLVED by the City Council of the City of Oshkosh, Wisconsin, that there shall be issued the general obligation boiids of said City in the principal amount of not exceeding $759,000 for the purpose of acquiring and developing sites for industrial par�s in said City. For the purpose of paying the various installments of principal and interest on said bonds �Z as they severally mature, there is hereby levied on all taxable property in said City a direct annual irrepealable tax sufficient for that purpose. ApProved , 1981. Recorded It was moved by , 1981. residen City Clery and seconded by that said resolution be adopted. Upon roll being called, the following voted: Aye: Nay: The following initial resolution offered and read on T?arch 5, 19R1 was again read in full: INITIAL RESOLUTION authorizing not exceeding 93,000 bonds of the City of Oshkosh. BE IT RESOLVED by the City Council of the City of Oshkosh, Wisconsin, t}�at there shall be issued the general obligation bonds of said City in the principal amount of not exceedin� $93,000 for the purpose of creating a revolving fund out of which to advance the cost o£ work for which special assessments will be levied in said City. For the purpose of paying the various -7- installments of principal and interest on said bonds as they severally mature, there is hereby levied on all taxable property in said City a direct annual irrepealable tax sufficient for that purpose. Approved , 1981. Recorded , 1981. resident e' It was moved by and seconded by that said resolution be adopted. Upon roll being called, the followin� voted: Aye: Nay: The followin�* resolution was thereupon introduced and read in full: RESOLUTION providing details of 3,050,000 Corporate Purpose Bonds of the City of Oshkosh and directing the sale thereof. WHF.REAS by initial resolutions duly adopted on March 19, 1981, there have been authorized to be issued bonds o£ the City of Oshkosh (the "City') in the ar^ounts and for the purposes as follows: v�317,000 for the purpose of improving and extending the storm sewer system; $25,�00 for the purpose of improvin� and extending water mains; � 0 and $649,000 for the purpose of providing street improvements; $207,000 for the purpose of providing and improving public parks; $1,000,000 for the purpose of constructing bridges; $759,��0 for the purpose of acquiring and developing sites for industrial parks; $93,000 for the purpose of creating a revolving fund out o£ which to advance the cost of work for which special assessments will be levied; WHEREAS it is now necessary that bonds be sold and issued for the purposes aforesaid in the total principal amount of �3,050,000; and WHF.REAS the City is authorized by Section 6%.05�13), 4?isconsin Statutes, to combine bonds authorized under various initial resolutions into one issue: NOId, THEREFORE, Re It F.esolved by the City Council of the City of Oshkosh, Winnebago County, Wisconsin, as follows: Section 1. The bonds authorized by the initial resolutions adopted by this City Council on tTarch 19, 1981, and referred to in the preamble hereto, shall be sold and issued as a single issue in the principal amount o£ 33,�50,000 to be designated "Corporate Purpose Bonds, Series 1981° (the 'Bonds"), shall be dated P7ay 1, 19�1, shall be of $5,000 denomination each, shall be numbered 1 to 610, inclusive, and shall mature serially in nuMerical order without option of prior redemption on P1ay 1 of each of the years 1982 to 1995, inclusive, as follows: Year 19£32 1983 1984 1985 1985 19�7 19�8 l�mount $ 75,O�o 75,000 75,000 75,000 125,000 125,�Oo 150,000 � Year 1989 1990 � i99/ 1992 1993 1994 1995 Amount $250,000 250,000 150,000 150,000 150,000 700,000 700,000 The Aonds shall bear interest at a rate or rates to be hereafter determined, but not exceeding 12 per cent per annum, pay- able on November l, 1981, and semiannually thereafter on P�ay 1 and November 1 of each year, and shall be signed by the City P9anager with his facsimile signature, and by the City Clerk, and sealed with the corporate seal of the City. Interest upon the Bonds shall be evidenced by coupons thereto attached, such coupons to be si�ned by said City Tlanager and City Clerk with their respective facsi�ile signatures, and said officers shall by the execution of the Ronds adopt as and for their own official signatures their respective facsimile si�natures appearing upon sai� coupons. The Bonds shall be payable, both principal and interest, in lawful money of the United States of America at a bank or banks, not exceeding two, to be desi�nated by the purchaser of the Bonds. Section 2. The Ronds shall be registrable as to principal in the manner and with the effect provided in the form of Bor.d hereinafter set out. Section 3. The Ronds and coupons shall be in substantially the following form, the omissions to be appropriately completed when the Aonds are printed: -10- (Form of Bond) UNITED STATES OF AP?ERICA STATR OF WISCONSIN COUNTY OF WINPIEBAGO CITY OF OSHKOSH CORPORATE PURPOSE BOND, SERIES 1981 Stater�ent of the value of all the taxable property in said City of Oshkosh according to the last precedin�* assessment thereof for state and county taxes, as equalized by the State of 1•]isconsin Department of Revenue, being for the year 19 . . . . . . . . . . . . . . . . . . . . . $ Statement of the value of all the taxable property in territory attached to said city for school purposes according to the last preceding assessment thereof for state and county taxes, as equalized by the State of Wisconsin Departr�ent of Revenue, being for the year 19 .......$ Aggregate amount of existing bonded indebt- edness of said city, including this issue .....$ No. �5000 KNOW ALL P1EN AY THESE PRESENTS: That the City of Oshkosh, (the "City") in the County of Winnebago and State o£ Wisconsin, hereby acknowledges itself to owe, and for value received promises to pay to bearer, or to the registered holder if this bond shall then be registered as to principal, the principal sun� of Five Thousand Dollars ($5���) on the first day of T1ay, 19 , with interest at the rate of per cent ( %) per annum from the date hereof until the principal amount shall have been fully paid, such interest bein� payable November 1, 1981, anc3 semiannually thereafter on May 1 and November 1 of each year, interest to maturity being payable only upon presentation and surrender of the interest coupons attached hereto as they severally mature. Both principal hereof and interest hereon are hereby made payable in lawful money of -11- the United States of America.at , , , or at , , , at the option of the holder. For the prompt payment of this bond with interest hereon as aforesaid and for the levy of taxes suf£icient for that purpose, the full faith, credit and resources of the City are hereby irrecovably pledged. This bond is one of an issue of $3,�50,000 issued for the purpose of providing funds in the amounts and for the purposes as follows: �31�,000 for the purpose of improving and extending the storm sewer syste�; �25,��0 for the purpose of improving and extending water mains; $649,000 for the purpose of providing street improvements; �207,000 for the purpose of providing and improving public parks; $1,000,000 for the purpose of constructing bridges; $759,000 for the purpose of acquiring and developing sites for industrial parks; $93,000 for the purpose of creating a revolving fund out of which to advance the cost of work £or which special assessments tirill be levied; pursuant to and in all respects in compliance with Chapter 67 of the �lisconsin Statutes and acts supplemental thereto, and a resolution duly adopted by the City Council of the City on March 19, 1981. This bond is registrable as to principal in accordance with the provisions endorsed on the reverse side hereof. It is hereby certified and recited that all conditi�ns, things and acts required by law to exist, to be or to be done, precedent to and in the issuance of this bond and the issue of which it is a part, have been, have existed, and have been performed in due form and time as required by law; that the -12- indebtedness of the City, including this bond, does not exceed any limitation imposed by law; and that the City has levied a direct annual irrepealable tax sufficient to pay the interest hereon when it falls due and also to pay and discharge the principal hereof at maturity. IN WITNESS WHFRFOF the City of Oshkosh, by its City Council, has caused this bond to be signed by its City t;anager with his facsimile signature, and by its City Cler�, and its corporate seal to be i�pressed hereon, and the coupons hereto attached to be signed by said City P1ana�er and City Clerk vrith their respective facsiMile signatures, and said officers, by the execution of this bond, do adopt as and for their own official signatures their respective facsimile signatures appearing on said coupons, as of the first dav of f1ay, 1981. (facsi�ile signature) City C1erY, City P?anager (Forr� of Coupon) No. $ On the first day of , 19 , the City of Oshkosh, ilisconsin, will pa� to bearer the amount shown hereon in lawful money of the United States of America at , , , or at , at the option of the holder, upon presentation and surrender of this coupon £or interest due that day on its Corporate Purpose Bond, Series 1981, dated 17ay 1, 1981, No. facsiimile si�nature) (facsimile signature) City Clerk City Manager -13- � (Provision for Registration) The within Rond may be registered in the name of the holder as to principal only on books to be kept by the City Clerk of the City of Oshkosh, as Bond Registrar, such registration to be noted hereon in the re�istration blank below, after which no transfer shall be valid unless made on said bool;s at the request of the registered holder or his attorney thereunto duly authorized and sir�ilarly noted in said registration blank below, but this Rond may be dischar�ed £rom registration by being transferred to bearer, a£ter which it shall be transferable by delivery but may be again re�istered as before. Such registration shall not impair the negotiahility by delivery of the coupons attached to this Bond. Date of . Name of . Address of . Signature Reeistration : P.e�istered Holder : Re�istered Holder : of Re�istrar e e A e e A A Section 4. The Ronds shall be sold at public sale in the manner provided by law on or about April 16, 1981. Notice of the sale of the Ronds shall be published once in the official city newspaper, and in The Bond Buyer, published in P.ew York, ldew York. Such publication shall be at least 10 days prior to the sale date and shall be in substantially the form provided in Exhibit "A" attached hereto. The Director oF Administration shall prepare and distribute an Official Statement, including an �fficial Notice of Sale which shall be in substantially the form provided in Exhibit "B" attached hereto. —14— Section 5. When the Bonds shall have been sold, this City Council will adopt proceedings so as to award the Bonds, fix the interest rates thereon in accordance with the bid accepted, and levy taxes to �eet principal and interest thereon at maturity as require� by law. Section 6. The proceeds received from the sale of the Bonds shall be deposited in a special £und and used solely for the a£oresaid purposes for which the Bonds were authorized. The City recognizes that the purchasers and holders of the Bonds will have accepted them on, and paid therefor a price which reflects, the understanding that interest thereon is exempt from £ederal income taxation under laws in force at the time the Bonds shall have been delivered. In this connection the City agrees that it shall ta�ce no action which may render the interest on any of the Fonds subject to Federal income taxation and that the principal proceeds of the sale of the Eonds shall be devoted to and used with due diligence for the comoletion of the facilities for which the Ronds are herein authorized to be issued. The Director o£ Administration, the Clerk and the Treasurer of the City, or any of them, are hereby authorized to execute on behalf of the City an Arbitrage Certificate to assure the purchasers an� holders of the Eonds that the proceeds of the Bonds are not expected to be used in a manner which would or might result in the Bonds being "arbitra�e bonds" under Section 103(c) of the Internal Revenue Code of 195�, as amended, or the regulations of the United States Treasury Department currently in effect or proposed. Such Arbitrage Certificate shall constitute a repre- sentation and certification of the City and no investment of Aond proceeds or of moneys accumulated to pay the Bonds herein -15- authorized shall be made in violation of the expectations prescribed by said Arbitrage Certificate. Adopted P7arch 19, 1981. Recorded , 19�1. T1otion was made by that said resolution be adopted, and said motion was seconded by . After due consideration, the President put the question, and upon roll being called, the following voted: Aye: Nay: Thereupon the £ollowing resolution was introduced by and read in full: RESOLUTION directing the advertisement and sale of �495,000 Promissory Notes, Series 1981, of the City of Oshkosh, Wisconsin. idHF,REAS it is necessary that funds be raised in the amount of $U95,000 for the purpose of providing for permanent improvement of lands, acquisition o£ equipment and public work consisting of construction of sidewalks, bridge lighting, improvements to a public buildin� and acquiring major equipment; and WHERF.AS cities are authorized by the provisions of Section 67.12(12) of the Wisconsin Statutes to borrow money and issue promissory notes for permanent improvement of lands, public work -16- and improvements and acquisition of equipment and machinery; and WHF,REAS it is considered necessary and desirable by the City Council of the City of Oshkosh, Wisconsin (the "City"), that the City borrow 5495,000 for the purpose of providing funds for the purpose a£oresaid, and that the City issue to the lender its promissory notes to evidence the indebtedness thereby incurred; and WHEREAS it is considered desirable to offer said promissory notes at public sale on April 16, 1981, in conjunction with the sale of 53,�50,000 Corporate Purpose Bonds, Series 1981, in order to obtain the best possible terms for the City; NO[1, THEREFORE, Be It Resolved by the City Council of the City of Oshkosh, 47inneba�o County, Wisconsin, as follows: Section l. For the purpose of paying the cost of providing permanent i�provement of lands, public work and improve�ents and acquisition of equipment as described in the preamble hereto, there shall be borrowed the sum of �495,000 and to evidence such indebtedness the City shall issue to the lender its promissory notes in the a�gregate principal amount of $495,000. Section 2. Said notes shall be sold at public sale on or about April 16, 19�1, and shall be advertised for sale by the City Clerk by the publication of a notice in the Osh�osh Daily Northwestern, published in Oshkosh, Wisconsin, and in The Eond R,uyer published in New York, New York, as a Class 1 notice. Such publication shall be in substantially the form set out as F.xhibit "A" to a resolution entitled "RESOLUTION providing details of $3,050,000 Corporate Purpose Bonds of the City of Oshkosh and directin� the sale thereof." The Director of Administration shall cause to be prepared and distributed an Official Statement, including an Official Notice of Sale which shall be in substantially the form set out as Exhibit "B" to a resolution entitled "RESOLUTION -17- providin� details of $3,�50,000 Corporate Purpose Bonds of the City of Oshkosh and directin� the sale thereof." Section 3• After bids shall have been received for said notes this City Council will adopt additional proceedings to award said notes to the best bidder, prescribe the terms of said notes, and the forms of note and coupon, and levy taxes to pay principal and interest. Adopted P7arch 19, 19801 Recorded , 19�1. Attest: resiaen City Clerk Aye: iday : The President thereupon declared saic� resolution duly adopted. * � � (Other business) There being no further business to come before the City Council it was moved by , seconded by , and unamimously carried that the City Council adjourn. ATTEST: Approved , 1981. City Clerk -18- President STATE OF L�IISCONSIN ) ) SS: COUNTY OF WINP7F,GABO ) I, , hereby certify that I am the duly qualified and acting City Clerk of the City of Oshkosh, Wisconsin, and as such official I further certify that attached hereto is a copy of excerpts from the ninutes of the meeting of the City Council of said City held on tlarch 19, 1981 that I have cor:pared said copy with the original minute record of said meeting in my official custody; and that said copy is a true, correct and said original record relates to the proposed $3,050,000 general obligation bonds and $495,000 Pror�issory Notes of said City. WITNESS m;� official signature and the seal of said City this day o£ , 1981. 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