HomeMy WebLinkAbout31081 / 80-27AL�oember 4, 1980 # 27A F�'SOLI7PION
RFSULt7PI0N E2II,A'PIIIG TO FIAIVEFt OF SECPION 66.521(11) (b) 1. IN�fA�GTION WITfi
AN INDLSTRIAL DES7EL,OPI�S7T E2EVENUE &A�ID FINANCL�IG ON SEHALF OF 0.SHIC�H WOOD
P1�DiX,TS OOF�ORATION.
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- 27A -
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CITY COUNCIL
OF THE
CITY OF OSHKOSH, WISCONSIN
Resolution No. 27A
RESOLUTION RELATING TO WAIVER OF SECTION 66.521(11)(b)l.
IN CONNECTION WITH AN INDUSTRIAL DEVELOPMENT REVENUE
BOND FINANCING ON BEHALF OF
OSHKOSH WOOD PRODUCTS CORPORATION
WHEREAS, this body has adopted a resolution entitled
"Initial Resolution Relating to Industrial Development Revenue
Bond Financing On Behalf Of Oshkosh Wood Products Corporation"
(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 66.521, Wisconsin Statutes, as amended (the
"Act") to finance a project in the Municipality to be undertaken
by Oshkosh Wood Products Corporation, 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 manu-
factuting wooden adjustable crutches and related activities
and that the project would consist of constructing and equipping
a ❑ew building (the "Project"); and
WHEREAS, 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 oE
Section (11)(b)1. with respect to a particular project;
I
��.Q ��y I I
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NOW, THEREFORE, BE IT RESOLVED:
1. It is the finding and determination of this body
Chat the Municipality will not control the design, costs, con-
sCruction or operation of the Project; that no public moneys will
be expended for the Project; that the Municipality will have no
beneficial ownership in the Project; that the primary reason for
requiring competitive biddinK for construction of municipal
projects is to protect the taxpayers agains[ excessive expen-
ditures of public funds and that such reason, although sound as
applied to public wocks, 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
Eor 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)l. 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 Eoregoing tesolution to
be published together with the public notice required by the
Initial Resolution.
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ERTIFICATIONS BY CLERK
I, Converse C. Marks, being first duly sworn, do hereby
depose and cer[iEy that I em the duly appointed, quali[ied 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 all [he corporate records in relation to the adoption of
Resolution No. 27A entitled:
RESOLUTION
RELATING TO WAIVER OF SECTION 66.521(11)(b)1.
IN CONNECTION WITH
INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING
ON BEHALF OF
OSHKOSH WOOD PRODUCTS CORPORATION
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
December �, 1980. 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 notica thereof was given not less than 24 hours prior
to [he commencement of said meeting in compliance with Section
19.84 of the Wisconsin Statutes, includi�g, without limitation,
by posting on the bulletin board i� the City Hall, by notice to
those news media who have filed s written request for notice of
meetings and by notice to the official newspaper of the City.
3. Said meeting was calle� to order by Mayor pon
Ku[chera who chaired �he meeting. Upon roil I noted and recorded
that the following councii members were present:
Chapin, Flovd R. hSather, James A.
Propp, Kathleen M. Pung Robert E.
Schiefelbein, Ken R. Teichmiller, Bernice
Kutchera, Dan H. (7)
and that the following council members were absent:
None
I noted and recorded that a quorum was present. Various matters
and business were taken up during the course of the meeting with-
out intervention of any closed session. One of the matters taken
up was said resolution which was introduced and its adoption was
-i-
.,
moved by Council Member Mather , and seconded by Council
Member Pung o owing iscussion and after all
council members who desired 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: Chapin, Mather� Propp, Pung,
ie e ein, eic mi er,
Nay:
Abstain: None
Whereupon [he Mayor deciared 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 have signed my name and affixed
the seal of the City hereto on this 4th day of December ,
1980.
[Municipal Seal] ��i� qf�
� C erk
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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