HomeMy WebLinkAbout31235 / 81-23.�ta-.c`� 19, 1981 # ?3
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RESOLiTPICN i�.ATING ZD WAIVER OF SEGTION 66.521 (ll) (b) 1.
IN �NNECTION WITH AN INDUSTRIAL 1�,'VFSf�PN�2Tf AEVENUE BOND
FINANCIl�IG ON BEf1AI.F OF i&SIVERSAL FUUNARY O�N�ANY
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CITY COUNCIL
OF THE
CITY OF OSHKOSH, WISCONSIN
Resolution No.
RESOLUTION RELATING TO WAIVER OF SECTION 66.521(11)(b)1.
IN CONNF.CTION WITH AN INDUSTRIAL DEVELOPMENT REVENUE
BOND FINANCING ON BEHALF OF
UNIVERSAL FOUNDRY COMPANY
iJHEREAS, this body has adopted a resolution entitled
"First Amendment to Initial Resolution P.elating to Industrial
Development Revenue Bond Financing On Behalf Of Universal Foundry
Company" (the "First Amendment to Initial Resolution"); and
WHEREAS, the First Amendment to 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 Universal Foundry Compa�y, a Wisconsin corpo-
ration (the "Eligible Participant"); and
WHEREAS, the Eligible Participant has represented that
the intended use of the project is for the purpose of controlling
dust and particulate emission and controlling and preventing
water pollution and that the project would consist of a dust
collection system, namely, a ventillation system, hoods, duct-
caork, baghouse, structural support and mezzanines, and solid
waste box; fugitive dust control items, namely, shakeouts,
casting, cooling and handling system and sand cooler; cooling
tower; and a water collection system for transformers (the
"Project"); and
�
�JHEREAS, Section (11)(b)1. of the Act contains pro-
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)(b)2, of the Act empowers the
governing body of a municipality to waive the requirements of
Section (11)(b)l. with respect to a particular project;
NOW, THEREFORE, BE IT RESOLVED:
1. It is the finding and determination of this body
that the Municipality will not control the design, costs, con-
struction or operation of the Project; that no public moneys wi11
be expended for the Project; Chat the Municipality will have no
beneficial ownership in the Project; that the primary reason fot
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 f.unds 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 Eli�ibie Participant caere 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)1. of the Act is sup-
ported by this body, public 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, hocoever, that the
revenue agreernent 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 to�ether with the public notice required by the
First Amendment to Initial Resolution.
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GERTIFICATIONS BY CLF.RK
I, Converse C. Marks, being first duly sworn, do hereby
depose and certify that I am the duly appointed, qualified and
acting C1erk of the City of Oshkosh, in the County of idinnebago,
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 all the corporate records in relation to the adoption of
Resolution No. enCitled:
RESOLUTION
RELATING TO WAIVER OF SECTION 66.521(11)(b)1.
IN CONNECTION 6dITH
INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING
ON BEHALF OF
UNIVERSAL FOUNDRY COMPANY
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 Hall at 7:00 P.M. on
March 19, 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 fot said meeting
and public notice theceoE 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 Don Kutchera,
Mayor, who chaired the meeting. Upon roll I.noted and recotded
that the following council members were present:
and that the followin� 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 with-
ou[ intervention of any closed session. One of the matters taken
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up was said resolution which was introduced and its adoption was
moved by Council Member , and seconded by Council
Membei Following discussion and after all
council mem�s who �esired 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 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 i,dITNESS WHEREOF, I have signed my name and affixed
the seal of the City hereto on this day of ,
1981. --
[Municipal Seal]
er
STATE OF WISCONSIN )
) SS
COUNTY OF WINNEBAGO )
Subscribed and sworn to before me this day, the
date last above written.
Notary Public
My commission expires:
(Notarial Seal)
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