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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. _ _.. _.. _. ._.__ _ .. - _._._.._.....--, �------"-- -- ; ✓ W �'`.' �I � ' / V ��y � ; ,,, .� 1 ; , " � _ _ ._ t.._.__ �� _--- .__ _ _ _..__- - 27A - rdt112580 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 I N 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. -2- 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] -ii- 6 1 ti N � � N 'O �k � � +t O � Gn � N• > �� ti O N U � s�>� `.� a a� � +> N :-�` a rz o R, v �.. ca s, o y, r� � a ro � �' ��ro � � N O E-� b O m3 v � 7 •� � � � �` � � m � � r-� H O O U o x � m c, .� a� a� om o c� w o � O � � r-I � c� a� � � U N Q x s� � � � � � +i U